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CAS-01_GOLF ZONE - 825 FLYING CLOUD DRIVE PID 25-035120051TE SIZE = W ACRE5 `- PROPOSED PROJECT = 30 ACRES'_ ROPE ( J* \ , WETLAND DELINEATION i (SPRINGS VERIFIED) / MONUMENTEID ; WETLAND 1 _ -=� -- \ ` i EX TREE LINE LOCATION MAP (Tyr.) TY,P. TEE 8 GREEN ,CONST. \ ' COSTRUCT ELEVATED G4EN5 4 TEE BOXES ♦ 40 AIRRPROX. 2' ABOVE EXISTII-G GROLIND. v i SEE SHEET 2. — I I r \ ; 1 WETLAND MITIGATION AREA- 38300 SF PITCH & PUTT ` - -- ' j 1 COURS/ E I \\ 1 NET FENCE ; 1 ` ` O O G WETLAND,IMPAGT AREA\ I \ / \ SUMMER DRIVII��Es AREA 1 ro' FENCE 1 m 1 1, ; / \ \ 1 1 . \\ \ LU \\� w I , o 1 , i 1 ' — � I i w� 1 11 0 1 , 1 1 0 I ` U 255 YDS. 1 I 1 o` �.. T NET FENCE (WINTER ONLY) Monsoon I l9tlFiflEOEIIw WINTER NET\FENGE (T'rf=,)-Y\ 'WINTER 5UMMEF\�-[�RIVING AREA TYPICAL TE4RGET GREEN ELEVATE `APPROX. I' ABOVE XISti�sIG GROUND. SEE SHE T 2 , NET FENCE- ..•.�....... j WETLAND DELINEATION vl 1 1 (SPRING VERIFIED) ro 3 16-22-981 REVISED PER CITY STAFF & AGENCY COMMENTS 2 5-27-98 REVISED PER CITY STAFF REVIEW 1 4-3-98 CITY APPLICATION NO. DATE DESCRIPTION OF REVISIONS DESIGNED: RAIN DRAWN: PSH I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA DATE MARCH 13, 1998 REG. NO. 13659 ROGER A ANDERSON AND ASSOCIATES INC. Land Development Municipal Railroads 7415 WAYZATA BLVD., SUITE 107• MINNEAPOLIS, MINNESOTA (612) 546-7035 i i 70 z 4# ; SEPTI ,l Q 1 1 , 1 , 1 , 1 , 1 I `, I , ( 1 , i 1 , i 1 ' 1 ; ' I � ' I � ' 1 I ' 1 1 ' I 1 i ' 1 , I , I \ 3 66' � ' 1 00 ' � 1 ' � 1 ` II i � i ; SETBACK 1 ( , I I + i I �yI 1 00 / i �N F ^; 100 YR. FLO ITS( ELEy. -123 m tm / SITE / '00 PITCHING L0, �ACTICE,'� i IO AREA PYLON -! `, � 64 8F - IGFI i I I � I I j I i I 1 111 I I 11 I ill I I I I HP S I I I I I I I I I 1 1 1 I I , i I I 1 I I 1 i j +VE ((C4 TTIIWCT TO I / 24' BIT) I LANDSCAPE f BLAND MINI- A GEt (TYP) PUTT E E, 21 it COURSE m ,+ I (T IGE — , --- c Cfz (t7b�TN $ID o it o It , I Z, ZO 38 1 51. n , 17 1, � —41 30# L_ / 1 i 1 IOO YR. FLOOD LIMITS+ ELEV. -123.0 %4 1" RSS GOLF IMPROVEMENT CENTER CHANHASSEN, MINNESOTA RSS / PERMA GREEN INC. I II I I I I, II 'I � I 0 30 60 120 SCALE IN FEET SITE DATA: f EX. ZONING A2 EX. LAND USE AGRICULTURAL PARCEL SIZE 4.203,712 SF GROSS FLOOR AREA 986 SF (PROP. OFFICE / CLUBHOUSE) % SITE COVERAGE (BLDG.) .02% IMPERVIOUS AREA 56,590 SF % IMPERVIOUS 1.35% PROJECTED # EMPLOYEES 1-3 I LNIPARKIIN PACES REQUIRED BASED ON USE PACES PROVIDED 54 INITIAL 26 FUTURE 80 TOTAL EIGHT EX. 2 STY. BLDG. EXIST SIGNALIZED INTERSECTION GREAT PLAINS BOULEVARD NOTES: 1. ON —SITE WELL & SEPTIC SYSTEM TO BE UTILIZED FOR PROPOSED FACILITY. 2. SITE BOUNDARY OBTAINED FROM VALLEY SURVEYING CO., P.A. SURVEY DATED 1-9-95. APPLICANT: RSS (JEFF HELSTROM & CHRIS BIXLER) C/O PERMAGREEN INC. 8276 SCANDIA RD. WACONIA, MN 55387 �6123 472-8136 CHRIS) ENGINEER: ROGER A. ANDERSON & ASSOC. 7415 WAYZATA BLVD., SUITE 107 MINNEAPOLIS, MN 55426 ROGER ANDERSON (612) 546-7035 PROPERTY OWNER OF RECORD: UBA PARTNERSHIP 7301 OHMS LANE #345 EDINA, MN 55349 INDEX DESC• SHEET SITE PLAN 1 GRADING & EROSION CONTROL PLAN 2 TREE PRESERVATION PLAN 3 LANDSCAPE PLAN 4 FENCING / NET PLAN 5 LIGHTING PLAN 6 SITE PLAN COMM. NO. PLOTTED: 9462 DRAWING NO. 1 OF 6 The contents of this file have been scanned. Do not add anything to it unless it has been scanned. 41 Page 2 June 20, 2016 Kim Meuwissen 10. 12. 13. Interim Use Permit#201;6-05 for Lot 1, Block 1, Meyer's 2016 as document #A625889; ------� April 21, Warranty Deed from Anjali Dahiya and Sushil Rana to Anjali Dahiya for Part of Lot 4, Block 4, Highlands at Bluff Creek, recorded April 8, 2016 as document #A625412; Warranty Deed from Anjali Dahiya and Sushil Rana to Anjali Dahiya for Part of Lot 3, Block 4, Highlands at Bluff Creek, recorded April 8, 2016 as document #A625413; and Warranty Deed from Anjali Dahiya and Sushil Rana to Anjali Dahiya for Part of Lot 1, Block 4, Highlands at Bluff Creek, recorded April 8, 2016 as document #A625414. Thank you. Very truly yours, CAMPBELL KNUTSON Professional Association Jean s ) ' tant /jmo Enclosures �CX SCANNED 183816v8 CAMPBELL KNUTSON June 20, 2016 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Miscellaneous Recorded Document Dear Ms. Meuwissen: RECEIVED JUN 2 2 2016 CITY OF CHANHASSEN Please find enclosed, for the City's files, the following documents which have been recorded with Carver County: 1. Encroachment Agreement with Vicki Schultz recorded May 16, 2016 as document #A627086; 2. Encroachment Agreement with Carter and Carrie Muench recorded May 16, 2016 as document #T199057; 3. Encroachment Agreement with David and Kaisa Buckholz recorded April 25, 2016 as document #A625996; 4. Encroachment Agreement with Gregory and Meredith Petouvis recorded April 25, 2016 as document #A625997; 5. Encroachment Agreement with Todd and Lisa Myers recorded May 31, 2016 as document 4T199194; 6. Encroachment Agreement with Mark and Katherine Arden recorded May 11, 2016 as document #T199011; 7. Encroachment Agreement with Stevens Investments, LLC recorded May13, 2016 as document #A627041; 8. Encroachment Agreement with Ryan and Carolyn Majkrzak recorded April 07, 2016 as document #A625349; 9. Encroachment Agreement with Michael and Ann Stiebner recorded May 16, 2016 as document #A627087; SCANNED 1838160 Is �(,o-C)I LCr 113 Pi N dS - 3Sy oI (o0 No delinquent taxes and transfer enterReal Estate Value Certificate of CRV # () UU Not Required Laurie Davie 201/10 Carver CountyAuditor-Treasurer By -�� Deputy Document No. A625412 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Certified Recorded on -April 08, 2016 1:58 PM Fee:$46.00 IIIIMIIIIIAY 625412 Luke C Kranz County Recorder (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individuals) Form 10.1.1 (2013) eCRV Number: Deed Tax Due S 1.65 Date: 03 / 14 / 16 FOR VALUABLE CONSIDERATION, Anja►i Dahiya and Sushil Rana, married to each other, (`Grantor"), hereby conveys and warrants to Anjah Dahiya, ("Grantee"), real property in Carver County, Minnesota, legally described as follows: See Attached Exhibit "A" Check here if all or part of the described real property is Registered (Torrens) ❑ Together will all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Subject to covenants, conditions, restrictions, reservations, and easements of record, if any. Check applicable box: ® The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (if electronically filed insert W DC Number: ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last Previously filed well disclosure certificate. TckoL\ CoYl9idQt �r(Ot^ i9 Deed Tax of $1= paid on 9-S —/y (Date) Conservation Fee Paid Laurie Davies Carver County Auditor -Treasurer Current taxes on parcel split described within paid as of L/ -,Y— / le (Date) Laurie Davies, Carver CourdyAuditor-Treasurer By (Deptity) SCANNED City Clerk's Certification Pursuant to M.S.272.162 The undersigned hereby certifies: (Check one of the following:) That City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County 4z:4 Deputy Chanhassen City Clerk Printed State of Minnesota, County of Grantor AvattoDo� An� hiya Sushi ana Ka.hd. NO/L- This instrument was acknowledged before me on Aae-&4 by Anjali Dahiya and Sushil Rana married to each other. PAMELA J. KLEIN NOTARY PUBLIC-MINNESOTA MY Comm. UP. Jan. 31, 2020 This instrument was drafted by: AYA5AL1 10i'll k I-jol oLfNP+ AvL- sE 1,MLWYnAf- MN S42bI _ (signature of notarial officer) My commission expires: . �f� r, u a r i 3 e2 O ;L 0 Tax Statements for the real property described in This instrument should be sent to: Anjali Dahiya 1701 oLENA ikvE St LJILLr"" Mtj 5762o l Exhibit "A" That part of Lot 4, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota, lying easterly of the following described line: Commencing at the southwest corner of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of said Block 4 a distance of 39.18 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and said line there terminating. 02015 'MCetwO Praieeebnal SerNcm DFM r JJ _ / VL/I L.V I / N86041'45"E 151.97 en 77 - 26.69 / / / P ll A ri rllV2 I I 2 EA •h _o W G_ 7 IV I cn a 'Y b y u0 3m b N ,-SW Car of is Lot 4, v -i Block 4 40.72 north llne� of Block 4 I I I Ir-r- I LPL-u' 7 � N I ICL N I �/- to I south line of-\ Block 4 i :-L 40.72 179.90 120.62 -- ♦��\ N86041'45"E 166.25 '—Drainage & Utility Easement per the plat of HIGHLANDS AT BLUFF CREEK Bxisftg Property Description: Lot 1, 2, 3 and 4, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plot thereof, Carver County, Minnesota. Proposed Lot Line Adjustment Description: See Sheet 2 of 2 Sheets for Proposed Descriptions t•y.; Lot Line Z' "'' Adjustment Area 4)U w _= Im ym I 2 I Drainage -�'�♦\♦ a I � o N �\♦ N Utility Easement io per the 1 ♦\ I plot of ;SHIGHLANDS AT BLUFF CREEK I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed LAND SURVEYOR under the laws of the State of MINNESOTA. Craig Ores DOe 03/08/2016 Ltomw No. 23021 vieftwowDa wind Custom Ho>mm, LLC Wiry UN no — — L — - /-\ I IT/ n L/V I L.V I a C 10 or. yTS/2e16 r.r ] v 000lR1]MF Highlands at Bluff �: vek Lot Line Adjustment 02015 WWntWOW PMb 1=01 SeMcee, Inc. Proposed Parcel A Description: That part of Lot 4, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plot thereof, Carver County, Minnesota, lying easterly of the following described line: Commencing at the southwest corner of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of sold Block 4 a distance of 39.IS feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of sold Block 4 and said line there terminating. Proposed Parcel B Description: That part of Lot 3, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plot thereof, Carver County, Minnesota, lying easterly of the following described line: Commencing at the southwest corner of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of said Block 4 a distance of 79.90 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and said line there terminating. Proposed Parcel C Description: That part of Lot 1, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota, lying westerly of the following described line: Commencing at the southwest comer of Lot 4, said Block 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of sold Block 4 a distance of 120.62 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and sold line there terminating. Westwood PcIcp� 1� Da Vinci Custom Homes, LLC L•e.., m »e. wn••+«n yiWw ��y�•rr 1901., AwSE W wr,n•rrrrr Willmar, lad l6701 Highlands at Bluff Creek Is 40 wW 2/25/2016 ® 2 w Lot Line Adjustment /)i LET 23 spi, k 0� Plo# OA 35yL/sue No delinquent taxes and transfer entered: Certificate of Real Estate Value( ) Filed (X Not Required CRV # 1 H✓lri I—,201(j7_ Laurie Davies Carver County i'w ditor-Treasurer By Deputy Document No. A625413 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Certified Recorded on -April 08, 2016 1:58 PM Fee:$46.00 muuuiiiiuu� 625413 Luke C Kranz County Recorder (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2013) eCRV Number: Deed Tax Due $ 1.65 Date: 03 / 14 / 16 FOR VALUABLE CONSIDERATION, Anjali Dahiya and Sushil Rana, married to each other, ("Grantor"), hereby conveys and warrants to Anjali Dahiya, ("Grantee"), real property in Carver County, Minnesota, legally described as follows: See Attached Exhibit "A" Check here if all or part of the described real property is Registered (Torrens) ❑ Together will all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Subject to covenants, conditions, restrictions, reservations, and easements of record, if any. Check applicable box: © The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed insert W DC Number: ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last Previously filed well disclosure certificate. -�'okntl (-m' vti�(t�va� bores 1S Deed Tax of $ I (a S Paid on �4 -/ b (Date) Conservation Fee Paid Laurie Davies Carver County Auditor -Treasurer Current taxes on parcel split described within paid as of L/- k -/ la (Date) Laurie Davies, \Carver Co"Aullib-Twlafwrer By U c Li;,r_ (D@") SCANNED 0 0 -V Y City Clerk's Certification Pursuant to M.S.272,162 The undersigned hereby certifies: (Check one of the following:) XThat City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the fling and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Audito—r.'n/ Dated: Deputy Chanhassen City Clerk Printed Name+ C nc ( C. (btu a5354 o 14D) Grantor Anjali DahiyAJ _ 521 Sushi) State of Minnesota, County of 4ati per 9 d h z This instrument was acknowledged before me on ber g- a A / V r e2D((o by Anjali Dahiya and Sushi] Rana married to each other. je=PAMELA J. KLEIN (signature of notarial officer)) , NOTARY PUBLIC-MINNESOTA Title (and Rank)(Z2l(Dun7%ii tfhi�r/Tre�scc�er Comm. Exp. Jan. 31, 2020 i My commission expires:(&// .,f—el 2 / ava-O This instrument was drafted by: Tax Statements for the real property described in �` 1 �A�j� YA This instrument should be sent to: Anjali Dahiya 1-701 OLENA AvF,SE 1701 DLENPr PtvE SE l6alL.t_MaQ Mr1 S62.01 WILLNIW— rvft JS62o Exhibit "A" That part of Lot 3, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota, lying easterly of the following described line: Commencing at the southwest comer of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of said Block 4 a distance of 79.90 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and said line there terminating. �zana -nMwa mnwiaw a�an� � / NG%nW D DFOW VV l L.V I J / � rll ITI /lT / / VVIL.VI N86041'45"E 151.97 /F.Block 26.69 i ��L.r\�VIZ t N0Vb�NW Cor of cpt 4,loc\ 4 T; Bldsting Property Description: Lot 1, 2, 3 and 4, Black 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota. Proposed Lot Line Adiustment Descriptlon See Sheet 2 of 2 Sheets for Proposed 0escrip tions 40.72 —j 40. north line, 'I of Block 4 i , r-r- ; �T L�L_VI P L _o 2 L `A r L.L/vl \ N `O v I south line of-\ Block 4 1 72 120.62 N86041'45"E 166.25 Drainage & Utility Easement per the plat of HIGHLANDS AT BLUFF CREEK Lot Line Adjustment Area AgCEI, c I� to �V _ m N Draina a C\\\ I N N Utility e Easement per the y \\ I plat of i,H/GHLANDS D AT BLUFF CREEK I " I �• I I L I I I I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed LAND SURVEYOR under the lows of the State of MINNESOTA. Craig VYlMorse ate: 03/08/2016 License No. 23021 /\ I IT/ r1T L/U I L.VI L: a. 2/25/2W6 r 1 a 0o imn new � Highlands at 11Y@S�1MOOd a— Da Vinci Custom Homes, LLC Bluff Creek Lot Line Adjustment alm. Aw m mml5u wUla1Q, fir] um � ��Y *2015 Westwood P,olessi.d SeNcm Inc. Proposed Parcel A Description: That part of Lot 4, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota, lying easterly of the following described line., Commencing at the southwest corner of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of sold Block 4 a distance of 39.18 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of sold Block 4 and sold line there terminating. Proposed Parcel B Description: That part of Lot 3, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plot thereof, Carver County, Minnesota, lying easterly of the following described line., Commencing at the southwest corner of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of said Block 4 a distance of 79.90 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and said line there terminating. Proposed Parcel C Description That part of Lot 1, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota, Iying westerly of the following described line. Commencing at the southwest corner of Lot 4, sold Block 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of sold Block 4 a distance of 120.62 feet to the point of beginning of the line to be described,- thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and said line there terminating. viestwow Da Vinci Custom Homes, LLC xnm m aim A" = tY��lltla�r�wtata - WNm�e, led D69Q1 Highlands at Bluff Creek 40 10 • 2/25/2016 2 on Lot Line Adjustment •0 I (0LOT 3 j3 Sp!,-� 0f PiD# as -.�sLr o /30 No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) Filed ()d Not Required CRV # 1) r. I S 20-410- Laurie Davies Carver CountyAuditor-Treasurer By— Deputy Document No. A625414 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Certified Recorded on -April 08, 2016 1:58 PM Fee:$46.00 VII�IIIIIIVI Luke C Kranz County Recorder (Top 3 inches reserved for recording data) WARRANTY DEED Minnesota Uniform Conveyancing Blanks Individual(s) to Individual(s) Form 10.1.1 (2013) eCRV Number. Deed Tax Due $ 1 .65 Date: 03 / 14 / 16 FOR VALUABLE CONSIDERATION, Anjali Dahiya and Sushil Rana, married to each other, ("Grantor"), hereby conveys and warrants to Anjali Dahiya, ("Grantee"), real property in Carver County, Minnesota, legally described as follows: See Attached Exhibit "A" Check here if all or part of the described real property is Registered (Torrens) ❑ Together will all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Subject to covenants, conditions, restrictions, reservations, and easements of record, if any. Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed insert WDC Number: ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last Previously filed well disclosure certificate. �Kg�lO(n I S POT T Deed Tax of $ paid on L%- S( / (a (Date) Conservation Fee Paid Laurie Davies Carver County Auditor -Treasurer Current taxes on parcel split described Within paid as of � (Date) Laurie Davies. Carver Court1Ai1dIbr TMMrer BYn not r (Deputy) SCANNED • � w City Clerk's Certification Pursuant to M.S.272.162 The undersigned hereby certifies: (Check one of the following:) XThat City subdivision regulations do not apply to this instrument. That the subdivision of land affected by this instrument has been approved by the governing body of the City of Chanhassen. That municipal restrictions on the filing and recording of this instrument have been waived by a resolution of the governing body of the City of Chanhassen. That this instrument does not comply with municipal subdivision restrictions and the affected land and its assessed valuation should not be divided by the County Auditor. Dated: �� 28 By Deputy Ch�an�hassen Ci�ry Cler/k� Printed Name: lu -\ (�✓� �n' �S r'ee—L ��r� a335`�alyo� Grantor oa hiya Anjalf ahiya Sushil Rana State of Minnesota, County of / , This instrument was acknowledged before me on ' 6-j-Gj� / y, 30 l 6 by Anjali Dahiya and Sushi] Rana married to each other. isPAMELA J. KLEIN NOTARY PUBLIC- MINNESOTA My Comm. Exp. Jan. 31, 2020 This instrument was drafted by: NVYA L1 3>RH1y P- 1'101 0 LE N R NV-F- S E w I uo)P(' M 0 56"o I rito��a (signature of notarial officer) Title and Rank) 747 r T/ PctSlt rem My commission expires: Tax Statements for the real property described in This instrument should be sent to: Anjali Dahiya 1-701 OLENPt A%/E SE b.)ILU-,1hQ MN 5620) Exhibit "A" That part of Lot 1, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota, lying westerly of the following described line: Commencing at the southwest corner of Lot 4, said Block 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of said Block 4 a distance of 120.62 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and said line there terminating. 02015 We.tw..d P,W...Ia d S. Wkl . - i HfGrtw000 DPoVE nI ITI nT rf / VVI L.VI L' AIR6041'45"E 151.97 , - 26.69 �j 40. 72 t -i I - - 6y0�, ^i north line, %9ip1\' I of Block 4 15 l r- C r D I I AT `�I / ^ /11 Zrr�L^t�Z ALB^` P O I m A of N $ 7 N ni o Y N I r-SW Car of to LPL- 1J v l N `h Lot 4, 4 N �° south line of- I y Bock \\� Block 4 1 40.72 40.72 1 39.18 r; = 79.90 120.62 N86041'45"E 166.25 ' -Drolnoge & Utility Easement per the plat o/ HIGHLANDS AT BLUFF CREEK ExWtinx Property DeecriyHon Lot 1, 2, 3 and 4, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plot thereof, Carver County, Minnesota. Proposed Lot Line Adjustment DeKripHon: See Sheet 2 of 2 Sheets for Proposed Descriptions Lot Line = Adjustment Area M9.nam tl� IMO..Ia,p �w r.urrrr�rk. / �2 I O W U •_ m � w N I CT N Drainage 3o N �`�� N Utility io Easement the per plat of NHIGHLANDS AT I BLUFF I, CREEK •- _ / I I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed LAND SURVEYOR under the laws of the State of MINNESOTA. Craig arse Daft 03/08/2016 uomw No. 23021 I r..� e� Da Vinci Custom Homes, LLC r u.r Yu,n VCla, UN S !0 wuem.o oa Highlands at Bluff Creek 0 VV l L.V l L� x w. 2/25/2a16 r.c 1 w =W Lot Line Adjustment 02015 Wastwood Proleselonal Services. Inc. Proposed Parcel A Description That part of Lot 4, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plat thereof, Carver County, Minnesota, lying easterly of the following described line: Commencing at the southwest corner of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of sold Block 4 a distance of 39.18 feet to the point of beginning of the line to be described, • thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of sold Block 4 and sold line there terminating. Proposed Parcel B Description: That part of Lot 3, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plot thereof, Carver County, Minnesota, lying easterly of the following described line: Commencing at the southwest comer of said Lot 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of said Block 4 a distance of 79.90 feet to the point of beginning of the line to be described, thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and said line there terminating. Proposed Parcel C Description: That part of Lot 1, Block 4, HIGHLANDS AT BLUFF CREEK, according to the recorded plot thereof, Carver County, Minnesota, lying westerly of the following described line: Commencing at the southwest comer of Lot 4, sold Block 4; thence North 86 degrees 41 minutes 45 seconds East, assumed bearing along the south line of said Block 4 a distance of 12a62 feet to the point of beginning of the line to be described; thence North 02 degrees 12 minutes 29 seconds West, a distance of 92.97 feet to the north line of said Block 4 and sold line there terminating. Pleii;- I= Da Vinci Custom Homes, LLC am olis. A. se wmm.e, Jaa Sam L o 2/29/2W6 revs 2 W Highlands at Bluff Creek Lot Line Adjustment r1 l 0 CITY OF CHANHASSEN CARVER &PIN Affidavit of Publication COUNTIESNTIES NOTICE OF PUBLIC HEARINGSouthwest Newspapers PLANNING CASE NO. 2016-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 5, State of Minnesota) 2016, at 7:00 p.m. in the Council )SS, Chambers in Chanhassen City Hall, 7700 Market Blvd- The County of Carver ) purpose of this hearing is to consider a request for city code amendments to Chapter 11, Miscellaneous Provisions, and Chapter 20, Zoning, to permit Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized paintball; Amendment to Interim agent of the publisher of the newspapers known m the Chaska Herald and the Chanhassen Vil- Use Permit to allow paintbaR; and lager and has full knowledge of the facts herein stated as follows: Variance for signage on property located at 825 Flying Cloud Drive (A) These newspapers have complied with the requirements constituting qualification as a legal - Golf Zone. Applicant/Owner: Jeff Helstrom. newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as A plan showing the location amended of the proposal is available for t�/ s (B) The notice that is attached to this Affidavit sod identified as No. ( / S public review on the City's web site at www.cf.ehanhassen. printed public was published on the date or dates and in the newspaper stated in the attached Notice and said mn.us/2016-01 or at City Hall Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of during regular business hours. the newspaper specified Printed below is a copy of the lower case alphabet from A to Z, both All interested persons are invited inclusive, and is hereby acknowledged as being the kind and size of type used in the composition to attend this public hearing and express their opinions with and publication of the Notice: respect to this proposal. Drew Ingvalson, Planner abcdefghllkhnnopgrs Email: dingvami nQ CLChanhaaaaR.IDn.n6 ^ ' Phone: 952-227-1132 � B t//'7",","n",t,�Q Vllger(Published in the Chanhassen Villager on Thursday, December / LatrieA. Hartmann 24, 201__5'' No. 4215 Subscribed and sworn before me on this '1 day of FI / kAnm,{�015 J1"t>"fr!E JEANNETTE BARK �a&AJ4-� (8 NOTAW PLEX - 9 NNESOTA N tblic hR'CUMOSIONMRES01,%d1P:8 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space---. $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED 0 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 12/03/2015 2:30 PM Receipt No. 00302286 CLERK: ashleym PAYEE: Jeffrey Helstrom Golf Zone Planning Case 2016-01 ------------------------------------------------------- Interim Use PErmit 425.00 Sign Rent 200.00 rr'11 L Recording Fees 50.00 Zoning 5� Variance 200.00 GIS List 27.00 Total 1,402.00 Cash 0.00 Credit Cd 1,402.00 Change 0.00 Wk"NdreW Ci?p1,-ccL+t6n fc,by- 4o Cil•f �c��nc� Mee I1 ors record,'nc� SCANNEC Ingvalson, Drew From: Jeff Helstrom <jhelstrom@solasalons.com> Sent: Friday, January 22, 2016 10:10 AM To: Ingvalson, Drew Subject: Re: RE: Yes Thank you, Jeff Helstrom Sola Salon Studios 612.723.4862 On Jan 22, 2016, at 10:05 AM, Ingvalson, Drew<Dlnevalson(&-ci.chanhassen.mn.us> wrote: Good Morning Jeff, I assume your application withdrawal will be for the entire application (including the sign variance application). Am I correct with this assumption? Best Regards, Drew Ingvalson I Assistant Planner City of Chanhassen I Community Development Department P.O. Box 147 17700 Market Boulevard I Chanhassen, MN 55317 Phone 952.227.1132 1 Email dinevalson@ci.chanhassen.mn.us From: Jeff Helstrom Imailto:jhelstrom@solasalons.com] Sent: Friday, January 22, 2016 10:01 AM To: Ingvalson, Drew <Dlnevalson@ci.chanhassen.mn.us> Subject: Dear Drew Due to personal reasons I respectfully withdrawal my application to install a paintball center and outdoor recreation area. Thanks for all your hard work on this project Thank you, Jeff Helstrom SCANNED CITY OF CNANHA3SEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone:952.227.1100 I'm 952.227.1110 Building Inspections Phone:952,227.1180 Fax 952.227.1190 Engineering Phone:952,227.1160 Fax:952.227,1170 Finance Phone:952.227.1140 Fax:952.227.1110 Park & Recreation Phone:952.227.1120 Fax:952.227.1110 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 Fax:952.2271404 Planning & Natural Resources Phone:952.227.1130 Fax:952.2271110 Public Works 7901 Park Place Phone:952.227.1300 Fax:952.227.1310 Senior Center Phone: 952.227.1125 Fax:952.227.1110 Web Site www.ci.chanhassen.mn.us CA MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Drew Ingvalson, Planner DATE: January 25, 2016 0 Vp w1wm l — a7 — I Gam, SUBJ: Golf Zone; 825 Flying Cloud Drive Ordinance Amendment, CUPAUP/Site Plan Amendment, and Sign Variance — Planning Case #2016-01 PROPOSED MOTION "City Council approves amendments to City Code Chapter 11 and Chapter 20 to allow paintball courses as an exempt firearm use and as an Interim Use in the Agricultural Estate District (A-2); amends Conditional Use Permit #1998- 02/hiterim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and a paintball course, with conditions, on property located at 825 Flying Cloud Drive; and adopts the attached Findings of Fact and Recommendation." And "City Council approves a variance request to allow two monument signs that are attached that are non -compliant with City Code design standards, exceed the number of signs allowed, and exceed the display area allowed for signage on property zoned Agricultural Estate District (A-2) at located at 825 Flying Cloud Drive, as shown in Image 17 of the staff report, subject to conditions of the staff report, and adopts the attached Findings of Fact and Decision." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The applicant is requesting the following: • An ordinance amendment to Chapter 11 and Chapter 20 of City Code to allow paintball courses as an interim use in the Agricultural Estate District (A-2). • A conditional use/interim use/site plan amendment to allow: o An outdoor recreation area. o Upgrades to an existing patio area. o A paintball course. Chanhassen is a Community for Life . Providing lot Today and Planning for Tomorrow SCANNED Todd Gerhardt • • Golf Zone— Planning Case 2016-01 January 25, 2016 Page 2 of 3 A sign variance to allow two monument signs that: o Are non -compliant with City Code design standards. o Exceed the number of signs allowed. o Exceed the maximum height allowed. o Exceed the display area allowed. The Planning Commission and staff are supportive of the ordinance amendment and site plan amendment, with conditions outlined in the staff report. Since the Planning Commission meeting, staff has met with the applicant to review alternative sign plans that will provide adequate advertising opportunity for the business. The applicant has submitted two sign alternatives. Staff is supportive of one of these submissions, with conditions outlined in the staff report. Since the Planning Commission meeting, staff has received concerns regarding the potential noise levels generated by a paintball course. Staff followed up with these concerns by contacting MN Pro Paintball (located outside of Lakeville, MN) and Action Packed Paintball Games (located outside Jordan, MN) to request information regarding noise issues with their facilities. Both of these facilities have homes situated within 1/3 of a mile of their sites. MN Pro Paintball stated that they have not received complaints regarding noise since opening their paintball course site. Action Packed Paintball Games stated that they received concerns regarding noise on their site during their original review process with Scott County. The applicant was required to conduct a noise study as a part of this review process. After the site had been in use, Action Packed Paintball Games requested an amendment to their interim use permit and received noise complaints from the neighborhood as a part of their review. At this time staff cannot ensure that there will not be any noise issues generated by the proposed paintball course. Staff recommends that the City Council table the proposed item if they have reservations due to potential noise issues. This will allow the City Council an additional 60 days for review and provide the applicant with an opportunity to address noise concerns. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on January 5, 2016 to review the proposed ordinance amendment, conditional use/interim use/site plan amendment, and sign variance request. Staff recommended the following: Approval of the ordinance amendment Approval of the conditional use/interim uselsite plan amendment Denial of the sign variance request Staff found that approving the variance required for the proposed monument signs would disrupt the spirit and intent of Article XXVI, Signs. The County Road 61 and State Highway 101 corridors are a gateway into the City of Chanhassen. A proliferation of signage that exceeds the display area and height that is allowed by city standards would greatly diminish the area's civic beauty by creating a corridor that is cluttered with signage. In approving this sign variance request, the city could also set a precedent for the future proliferation of excessively large monument signs. The Planning Commission discussed the requests and recommended unanimously 4-0 to approve the ordinance amendment and conditional use/interim use/site plan amendment. The Planning Commission also discussed the variance request and recommended unanimously 4-0 to deny the sign variance request and recommended that the applicant work with staff to come up with alternative sign options. Planning Todd Gerhardt • • Golf Zone- Planning Case 2016-01 January 25, 2016 Page 3 of 3 Commission minutes for January 5, 2016 are included in the consent agenda for the January 25, 2016 City Council packet. Staff has met with the applicant since the Planning Commission meeting and the applicant has submitted two sign alternatives. Sign #1 will require a variance to allow two monument signs that are attached that: • Are non -compliant with City Code design standards. • Exceed the number of signs allowed. • Exceed the maximum height allowed. • Exceed the maximum display area allowed. Sign #2 is reduced in height and display area and will not require a height variance, but will require all other variances as Sign # 1. The Planning Commission and Staff recommend approval of the ordinance amendment and conditional use/interim uselsite plan amendment. Staff has determined that Sign #1 does not meet the requirements for a variance, but has determined that Sign #2 is a reasonable variance request and can be supported. Staff is recommending approval of Sign #2 with conditions. The Planning Commission minutes for January 5, 2016 are included in the consent portion of the January 25, 2016 City Council packet. RECOMMENDATION Staff recommends that City Council amend City Code to allow paintball courses as an Interim Use; amend Conditional Use Permit #1998-02/lnterim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and a paintball course, adopts the Findings of Fact and Recommendation attached in the staff report, subject to the conditions of the staff report. Staff recommends that City Council approves a variance request to allow two monument signs that are attached that are non -compliant with City Code design standards, exceed the number of signs allowed and exceed the display area allowed for signage in the Agricultural Estate District (A-2) at 825 Flying Cloud Drive, as shown in Image 17 of the staff report, and adopts the attached Findings of Fact and Decision, subject to conditions of the staff report. ATTACBMENTS 1. Findings of Fact and Decision (Variance Approval). 2. Planning Commission Staff Report dated January 25, 2016 (revised). 3. Revised Sign Plan. 4. Paintball Specifications (submitted by the applicant on January 5, 2016). gAplan12016 planning ca \2016-01 golf zone iup vu zoalezecutive su wydoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION VARIANCE Application of Jeff Helstrom for a variance for two monument signs that are attached that are non -compliant with City Code design standards, exceed the number of signs allowed and exceed the display area allowed for signage in the Agricultural Estate District (A-2) at 825 Flying Cloud Drive — Planning Case 2016-01. On January 5, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jeff Helstrom for a variance to the number signs, maximum sign display area and maximum sign height. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak. The Planning Commission unanimously denied the variance request and recommended an alternative sign plan be brought to the City Council. The applicant met with staff and submitted alternative sign plans prior to the City Council meeting. On January 25, 2016, the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Jeff Helstrom for a variance to the design standards, number signs, and maximum sign display area. The City Council discussed the item and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided in the Land Use Plan for Office and Agriculture. 3. The legal description of the property is shown in the attached Exhibit A. 4. Section 20-1253. Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. The proposed monument signs request the absolute minimum variance needed for the sign to serve as an effective advertisement for the site. This proposal requires a variance from the number of signs allowed and the maximum display area because the angle between the two sign faces exceeds 45 degrees. If the two faces of the sign did not exceed 45 degrees, then sign would only require a variance from the design standards. However, an angle greater than 45 degrees between these two faces is needed to realistically advertise to car traffic traveling from the three different directions. Any angle less than this will only serve traffic coming from two directions. The subject site is located on a property with an interim use that expires on November 1, 2020. The subject sign may be demolished for future development of the site in less than 5 years. Due to this impending development of the site, it reasonable to grant a variance for design standards of the sign. This sign variance will be extinguished concurrently with the interim use of the property, requiring future development on the site to meet City Code, but allowing the existing business to advertise to car traffic traveling from all three directions. Approving variances from City Code for the two monument signs that are attached will not create an inequitable distribution of signage along County Road 61, as the sign will not exceed the maximum height and the display area will only be greater than the maximum permitted due to the angle of the sign exceeding 45 degrees. The display area and design standard variance of this sign will not diminish the corridor's civic beauty or disrupt the intent and spirit of Article XXVI, Signs. 5. The staff report #2016-01 dated January 25, 2016, prepared by Drew Ingvalson, et al, is incorporated herein. City Council approves a variance request to allow two monument signs that are attached that are non -compliant with City Code design standards, exceed the number of signs allowed and exceed the display area allowed for signage in the Agricultural Estate District (A-2) at 825 Flying Cloud Drive, as shown in Image 17 of the staff report, and adopts the attached Findings of Fact and Decision, subject to the following conditions: 1. The variance shall expire concurrently with Interim Use Permit #1998-02. 2. The applicant shall receive a sign permit from the City. ADOPTED by the Chanhassen City Council this 25"' day of January, 2016. CITY OF CHANHASSEN I1-ya Mayor EXHIBITA The East halfoftheSoutheast Quarter (E%ofSE'/4) ofSection35,Township 116 Northof Range 23 West, excepting therefrom one half ('/2) acre inthe Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres ofthe Northwest Quarter ofthe Southeast Quarter (N 26 A of NW '/. of SE'/.) of Section 35, Township 116, Range 23, containing in all 10550 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing at a point in center line East and West of Section35,Township 116 North, Range 23 West which point bears West 30 rods from the Northeast comer of the Northwest Quarter of the Southeast Quarter ofsaid 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 intheNorthwest Quarterofthe Southeast Quarter ofSection 35,Township 116, Range 23 and containing 6 acres ofland 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 Highwaypurposes and described in that certain Warranty Deed dated January 23, 1924and filed forrecordin theofficeofthe Register ofDeeds in and forCarver County, Minnesota onMarch 5,1924 at 11 o'clock A.M. and recorded therein inBook 33 ofDeeds on page 5; also: Excepting therefrom aparcel of land sold totheState ofMinnesotaforTrunkHighwaypurposesanddescribed 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 ofDeeds onpage6. PROPOSED MOTION: City Council approves amendments to City Code Chapter 11 and Chapter 20 to allow paintball courses as an exempt firearm use and as an Interim Use in the Agricultural Estate District (A-2), and amends Conditional Use Permit #1998-02/Interim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and a paintball course, with conditions, at 825 Flying Cloud Drive, and adopts the attached Findings of Fact and ROaawAReadatien Decision." And . — that exreed the Fmffiber of signs Aawed, display afea fna�kifnum, and height maxifaum fer sigfta "The Chanhassen Plmfting CeffHnissiam reeAFA-m-eRd-q denial of a varianee reqiiest to allow two- ., the A grie..lw.....1 Estate Disci et (A 2) ..t 825 L'1.. ng Cloud Drive and adopts the "City Council approves a variance request to allow two monument signs that are attached that are non -compliant with City Code design standards, exceed the number of signs allowed and exceed the display area allowed for signage in the Agricultural Estate District (A-2) at 825 Flying Cloud Drive, subject to conditions of the staff report, and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: The property owner is requesting an amendment to City Code to allow paintball courses as an Interim Use in the Agricultural Estate District (A-2). The property owner is also requesting an amendment to Conditional Use Permit 1998-02/lnterim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area (for volleyball and horseshoes), upgrades to an existing patio, and a paintball course. In addition, the applicant is requesting a variance to allow two monument signs that exceed the number of signs allowed, sign display area maximum, and sign height maximum in the Agricultural Estate District (A-2). Notice of this public hearing has been mailed to all property owners within 500 feet. Since the Planning Commission meeting on January 5, 2015, staff has worked with the applicant to address issues with the sign variance request raised at the meeting. This staff report has been revised. All impertinent information has been struck out. All new information will appear in bold. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 2 of 27 LOCATION: 825 Flying Cloud Drive (PID 25-0351200) APPLICANT: Rain Snow or Shine Golf LLC 825 Flying Cloud Drive Chaska, MN 55318-9503 Contact: Jeff Helstrom Phone: 612-7234862 Email: jhelstrom@solasalons.com PRESENT ZONING: Agricultural Estate District (A-2) 2020 LAND USE PLAN: Office and Agriculture ACREAGE: 97.75 acres DENSITY: N/A LEVEL OF DISCRETION IN DECISION -MAKING: Zoning Ordinance Amendments — The city has a relatively high level of discretion in approving zoning ordinance amendments because the city is acting in its legislative or policy -making capacity. The zoning ordinance amendment must be consistent with the city's comprehensive plan. Conditional Use Permits — The city has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Interim Use Permits — The city has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the interim use permit standards outlined in the Zoning Ordinance. If the city fords that all the applicable interim use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Site Plan — 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 these standards, the city must then approve the site plan. This is a quasi-judicial decision. Variance — 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. Planning Commission • 0 Golf Zone ZOA, [UP, and VAR — Planning Case 2016-01 January 25, 2016 Page 3 of 27 The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Drive intersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding. There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, which encompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). While the creek is not adjacent to the proposed paintball course site, branches of the creek are found throughout the subject site. The subject site is one of the few parcels not included in the Minnesota River "Raguet" Wildlife Management Area. This entire property has been identified as an area whose development pattern needs to be sensitive to the watershed, including the wetland and the creek. The subject property has gone through the public hearing process for a variety of reasons in the past. On July 13, 1998, the City Council approved the following (subject to conditions): • Site Plan #98-8 for a golf improvement center. • Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving range in the A2 District. • Conditional Use Permit #98-2 for alteration of a floodplain. • Wetland Alteration Permit #98-1. • First reading and waived the second reading of Code Amendment #98-1 to amend Section 20-265, Standards for Golf Driving Ranges to allow a retail pro shop. • Variance to allow the square footage of the office/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 the following, subject to conditions: An amendment to City Code Section 10-55(b) to allow golf course driving ranges with permanent plumbing facilities to be eligible for a liquor license. On -sale intoxicating sale 3.2 malt liquor license contingent upon receipt of the $280 license fee and the liquor liability insurance certificate. The licensed premises would include the clubhouse and outdoor brick patio, driving range, par three course, and putting course. No beer would be allowed to be consumed in the parking lot area. An amendment to Site Plan #98-8 to allow for an expansion of a second story to the driving bunkers for RSS Golf. Planning Commission 0 • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 4 of 27 On October 27, 2006, the City Council approved the following subject to conditions: An amendment to Site Plan #1998-08 and Interim Use Permit #1998-02 for the construction of an 11,100 square -foot addition to the principal structure. A 10,300 square -foot building area variance from the 800 square -foot building area restriction for the golf driving range principal structure. A variance for the use of steel paneling as a primary exterior material. PROPOSAL/SUMMARY The applicant is requesting an amendment to city code to allow paintball as an interim use. Paintball guns are considered a firearm by Chanhassen City Code and paintball courses or the private use of paintball guns is not allowed within the city. The property owner is requesting an amendment to Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 for an outdoor recreation area, upgrades to an existing patio area, and a paintball course. The appheant is also requesting a vafianee to allow two monument signs that exceed the ffumber ef signs allowed, display uea fft"knum, and height fnwiimum fer- signage in the AgFieuk" L s4ate Dist.:et (A 2 The pfopea, d signse 15 feet tall by 8 feet wide (120 square feet) and 12 feet tall by 8 feet wide (96 square feet). City Code peFmits one sign that dees not erweed 5 feet in height and 24 square feet of display area. Since the Planning Commission meeting, staff has met with the applicant to review alternative sign plans. The City's goal is to provide adequate advertising opportunity for the business. The County Road 61/Minnesota Highway 101 corridor is a gateway into the City of Chanhassen. A proliferation of signage that exceeds what is allowed by city standards will greatly diminish the area's civic beauty by creating a corridor that is cluttered with signage. In approving this sign variance request, the city could also set a precedent for the future proliferation of excessively large monuments signs. The applicant has submitted two alternatives that are non -compliant with City Code. Staff is recommending approval of one of the alternatives with conditions. APPLICABLE REGULATIONS Chapter 1, Section 2, Rules of Construction and Definitions Chapter 11, Section 2, Firearms Chapter 20, Article II, Division 6, Site Plan Review, Sec. 20-110 Chapter 20, Article IV, Division 3, Standards for Agricultural and Residential Districts Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article V, Division 3, Floodway District (FW) Chapter 20, Article X, "A-2" Agricultural Estate District Chapter 20, Article XXVI, Division 1, Generally Chapter 20, Article XXVI, Division 2, Signs Allowed in Specific Districts by Permit Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 5 of 27 ANALYSIS ZONING ORDINANCE AMENDMENT The applicant is requesting a zoning ordinance amendment to allow an outdoor paintball course on the subject property in the Agricultural Estate District (A-2). Chanhassen City Code Section 1-2 defines paintball guns as a firearm. Section 11-2 (f) of the Chanhassen City Code prohibits the discharge of a firearm within the city except as specifically allowed by code. Section 11-2 (b) of City Code establishes permitted uses of firearms, which paintball guns are not included. Thus, none of the zoning districts permit the use of paintball guns or a paintball course. Paintball, Locations and Courses Paintball guns use expanding gas, such as carbon dioxide (CO2) or compressed air, to propel paintballs through the air. Paintballs have a hard outer layer when loaded into the paintball gun, but break upon impact if they are moving at a fast enough speed. Paintball games typically involve team competition, but they can also be played individually. The objectives of paintball games vary, but can include capture the flag, elimination, defending or attacking a particular point or area, or capturing objects of interest hidden in the playing area. A basic internet search shows that there are very few paintball courses located in the Twin Cities Metro Area. The nearest indoor paintball course is in Scott County (outside of Jordan) and the nearest outdoor paintball course is also located in Scott County (outside of Lakeville). The next closest paintball courses are in Wright County (outside Buffalo) and Wisconsin (outside Hudson and River Falls). Generally, outdoor paintball courses are located in more rural areas. One of the most important factors in a game of paintball is the location and the field layout. There are numerous types of fields, and almost an infinite amount of possibilities for a paintball field. Paintball fields can normally be divided into two base styles - woods fields and speedball fields. Woods Field: Woods fields are probably the more commonly known areas for a paintball game. Woods fields can vary greatly and no two are the same. Woods fields can also be broken down into a few categories: Forest Field: This field generally is an all -natural playing area. There are no added bunkers, and the trees and tall grass are the most common bunkers. Players often choose to manipulate these fields by stacking piles of leaves and logs to create their own cover. Image 1: Woods Field Hybrid Field. Hybrid fields are a mix of a speedball field (see below) and a straight forest field. A hybrid field may be a forest field with bunkers such as car hoods, spools, tires, or other forms of speedball bunkers set up throughout the woods. A less common hybrid field, but one that is just as enjoyable as the prior, is a speedball field directly connected into a forest. One team Planning Commission • • Golf Zone ZOA, RJP, and VAR — Planning Case 2016-01 January 25, 2016 Page 6 of 27 generally begins on the speedball field, while the other team(s) begin on various positions throughout the forest. Hay Field: The hay field is less common than the other two field types. Hay fields are usually made up of tall stacks of hay tied up and stacked into piles, forming bunkers. Hay fields are more commonly found as a hybrid with forest fields. Speedball Fields: Speedball fields are commonly used for high -paced games that tend to be much more close -quarters than most woods games. There are many different types of speedball fields, and layouts can be mirrors (bunkers on both sides of the field that are exactly alike) or randomly spread out. Sup Air Field: Sup Air fields consist of inflatable bunkers and are commonly used for competition paintball. Many Sup Air fields have interestingly -shaped bunkers, such as snaked objects, coke cans, cones, and pills. Hyperball Field: Hyperball fields are generally built out of various objects usually including, but not limited to, boards, car hoods, tires, and tubing; or a combination of all four. Hyperball fields, like all speedball fields, usually host very fast -paced games and have all sorts of bunkers imaginable. Spool Fields: These fields are made up of large spools, the type that usually hold large quantities of wire. Spool fields are commonly mirrored. Bunkers on spool fields tend to be Image 2: Speedball Meld Image 3: Spool held more limited than of other speedball fields. Generally, bunkers are one spool, or a few spools stacked or standing next to each other. At the typical field -regulated speed of 280 feet per second and a 45-degree angle, a paintball will travel about 280 feet. This is strongly affected by various conditions such as wind, trajectory to the target, obstructions, velocity variation, etc. This is also not a practical distance for hitting a specific target. The effective range of a paintball gun is around 80-150 feet. A first strike paintball (a sniper paintball with fin grooves) can actually reach 500 feet when arched correctly. Staff recommends that outdoor paintball facilities be limited to property located in the Agricultural Estate District (A-2) that are over 50 acres (see Image 4). This would accommodate the larger minimum site requirement that is proposed for such a use, which is based in part on the separation requirement from the course to the property line as well as adjacent residential homes. These larger sites would also permit the various field configurations discussed above. Large minimum site requirements will also limit the location and number of courses that could be developed (see Image 4 for parcels that would be allowed to have paintball courses). Several properties that would meet these acreage standards in the A-2 District are publically owned, such as the Minnesota Landscape Arboretum and the Raguet Wild Life Management Area. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 7 of 27 City of Chanhassen Zoning Map a `` :.: !'-. �-� 1 -.i `.-mil -'-- �� %� ��""2r\�'`•:. 14 14 Zone A2 Acreages = over 50 Acres Fww wa 0 1300 31= 6.000 0.000 12.0D0 p[wafwMa, N S Image 4: Parcels Over 50 Acres and Zoned A-2 District Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 8 of 27 Type of Use The City of Chanhassen allows uses as either permitted, accessory, conditional or interim uses. Permitted and accessory uses are allowed by right and will be approved administratively except as part of a new development, which requires site plan review. Conditional and interim uses require a public hearing before the Planning Commission and ultimate approval from the City Council. Since the city will eventually be a fully -developed, suburban community, the continuation of an outdoor paintball facility would come in conflict with surrounding development. Therefore, staff recommends that the outdoor paintball facility be an interim use in the A-2 District. Proposed Conditions Staff has reviewed conditions of approval from other communities for paintball courses. From this review, staff has established proposed conditions if the city approves the zoning ordinance amendment request. • Require protective gear (following the International Stock Paintball Players' Association or American Society for Testing and Materials Standards). • Require the use of barrel plugs off the playing field. • Limit the velocity of paintball gun projectiles to 285 fps. • Require a chronograph on site to measure projectile velocity. • Require minimum operating standards including staffing requirements, safety briefings and equipment inspection. • Require that paintballs be non -toxic, non -caustic, water-soluble and biodegradable. • The applicant is responsible for the clean-up of any accumulation of materials on the site. • Require that the site be a minimum of 50 acres. • Require separation from off -site structures and/or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. • The paintball course boundaries must be physically designated. • Require screening of the facility from neighboring homes. • Prohibit alcohol use or consumption on the paintball course. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 9 of 27 • Limit the hours of operation to daylight hours. • Limit retail sales and rental to paintball-related material and equipment with limited display area, e.g. 20 percent of the floor area. Code Amendments In order to allow paintball courses, the following sections of the Chanhassen City Code will need to be amended/add: Section 11-2 (b) Firearms to include: (8) By any person at a city -approved paintball course and consistent with city ordinances and state and federal gun laws and regulations. Add Section 20-263.5 to Conditional Use Permit Standards for Agricultural and Residential Districts to read: Sec. 20-263.5 Paintball Courses. The following conditions will apply to paintball courses: (1) Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Societyfor Testing and Materials Standards). (2) Guests must use barrel plugs off the playing field. (3) Velocity of paintball gun projectiles cannot exceed 285 feet per second. (4) A chronograph must be on site to measure projectile velocity- (5) The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. (6) Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. (7) The facility is responsible for clean-up of any accumulation of materials on the site. (8) A minimum parcel size of 50 acres is required for the operation of a paintball course. (9) The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (10) The paintball course boundaries must be physically designated with signage or boundary markers. (11) The paintball course or field must be screened from neighboring homes. (12) Alcohol use or consumption is prohibited on the paintball course. (13) The hours of operation are limited to daylight hours. (14) Retail sales and rental is limited to paintball-related material and equipment and may not occupy more than 20 percent of the floor display area. Section 20-576 (Agricultural Estate District Interim Uses) to include: (10) Paintball Courses. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 10 of 27 CONDITIONAL USE PERMIT/INTERIM USE PERMIT/STI'E PLAN AMENDMENT The subject site currently has a conditional use permit for a flood plain alteration (for the driving range), an interim use permit for a golf and driving range, and a site plan for the existing site. The applicant is now proposing a new recreation area (horseshoe pits and volleyball courts), upgrades to the existing patio area, and paintball courses for the subject site. The new recreation area will be located to the west of the parking lot in front of the Golf Zone building. The construction of the new recreation areas will consist of temporary structures (horseshoe stakes and volleyball nets) and sand. The patio area will be located north of the building and will consist of picnic tables and chairs and other patio equipment. Any permanent structures constructed for the recreation area or patio will require either a building or zoning permit. The proposed paintball course will be located southwest of the Golf Zone building and will be setback at least 300 feet from all property lines and outside of the delineated wetland (see red area in Image 5). The existing Interim Use Permit (IUP) for the driving range is set to expire in the year 2020 and the proposed paintball course would also expire in the same year as part of this IUP revision. Also, per City Code -Eunty Road 61/Flying Cloud Drive W '� -- Patio Area',, New T Recre n s, Win Buildin -p Parntball / ' Courses 1 Section 20-366, structures, fill, or storage of Image 5: Site Plan materials or equipment are not permitted within the flood plain and will not be permitted on the subject site. Any alteration within the flood plain will require a conditional use permit. Also, any grading project that exceeds 50 cubic yards will require a grading permit. The paintball course will be a combination of a hayfield and forest paintball course. The course will utilize the site's existing topography and vegetation, but will also have temporary structures (hay bales, logs, etc.) as part of the paintball course. The subject site will meet the requirements for the Interim Use Permit for a Paintball Course. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 11 of 27 Noncompliance with Existing CUP/IUP/SITE PLAN and City Code On December 11, 2015, staff visited the proposed site and found multiple violations with the site's conditions of approval and City Code. These violations are described below. Section 7 (c) of the property's CUP/IUP/Site Plan special conditions states that "signage shall be per City Code Section 20 Article XXVI." However, the existing signage does not comply with this article of city code (Section 20-1301, Agricultural and residential districts). The site currently has two monument signs that are approximately 7 feet tall and have a face display area of 45 square feet each (see Image 6). The number of signs exceeds the maximum amount of signs allowed in the A-2 District, which is one. The signs also exceed the maximum height allowed (five feet) and the maximum display area allowed (24 square feet). The signs must either comply with City Code or the city must grant a variance for the existing monument signs or any future signs that do not comply with City Code. Image 6: Existing Signage Section 7 (e) of the property's CUP/IUP/Site Plan special condition states that the "landscape plan shall include 3 landscaped islands or peninsulas and 6 overstory trees for the parking lot." Currently, the parking lot is not complaint with this condition, as there are only two islands in the parking lot with no vegetation. To become compliant with the condition of approval, the applicant would need to construct landscape islands or Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 12 of 27 peninsulas for the parking lot and plant overstory trees. However, staff will not be requiring that the landscaping be installed at this time because the 1UP is expected to expire on November 1, 2020. Section 7 (g) of the property's CUP/IUP/Site Plan special conditions states that "the nets shall comply with the recommendation of the DNR, including the condition that the nets be 4'/z feet off the ground. The most westerly net shall be modified to change from 50 feet to 20 feet." The original Site Plan included these nets as part of the proposed plan. After visiting the site, staff noticed that the driving range area does not have nets installed on the site. A result of not having nets erected on the site is that there are golf balls that are hit outside of the pick-up area and are not picked up. Staff noticed that there are golf balls located in the ground from not being collected. To become compliant with the original site plan and the conditions of approval, the property must install the required golf ball nets. Staff contacted the Department of Natural Resources (DNR) and was informed that they would like to see some mechanism to ensure errant golf balls are not entering the sensitive areas around the driving range. The DNR's recommendation on the nets and the net height have not changed since the original Site Plan. Image 8: Existing Net Posts Section 7 (q) states that "the applicant shall provide annual soil samples before chemicals are applied to demonstrate there is a need." The applicant has not provided the city with soil samples for multiple years; however, the property owner has informed staff that he has not used chemicals on the property for several years. To ensure compliance with this section of the conditions of approval, staff will need a written document from the property owner stating that he is no longer using chemicals on the property. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 13 of 27 Section 20-909 of City Code prohibits the outdoor storage of construction materials, brush piles and miscellaneous junk and debris. Upon inspection of the site, staff found that there were multiple piles of materials that do not comply with Chanhassen City Code (see Image 9). The materials in these piles must be removed from the site to become compliant with City Code. Image 9: Outdoor Storage on Site Staff recommends that the property be brought into compliance with the special conditions of approval and City Code. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 14 of 27 SIGN VARIANCE Existing Signage Violation Currently, the subject property has two non -conforming monument signs located at the entrance of the site (see Image 10). The applicant has informed the city that the signs were installed in this location because the previous monument sign had to be removed due to construction along County Road 61/Flying Cloud Drive. The subject monument signs were constructed without permit as there are no records in the City's files for the non -conforming signage. In addition to the subject signs not having a permit, the monument signs also exceed the allowed number of signs on an A-2 District property and the maximum area and height requirements. Properties within the A-2 District are permitted one sign that does not exceed five feet in height and 24 feet in display area. Per City Code Section 20-1274, sign faces that are not back to back, "shall not have an angle separating the faces exceeding 45 degrees, unless the total area of both sides added together does not exceed the maximum allowed sign area for that district" (see Image 11 for example). The signage on the property is considered two signs because the angle between the two sign faces exceeds 45 degrees. Each sign face is approximately 45 square feet (9 feet wide by 5 feet tall), or 90 square feet in total. This amount of signage exceeds the maximum display area allowed for signage in the A-2 District (24 square feet). Also, the overall monument sign height (approximately 7 feet) exceeds the maximum sign height allowed in the A-2 District by 2 feet (A- 2 District maximum height is 5 feet). To be compliant with City Code, the existing sign height, area, and angle between the two signs must be reduced. The current signage exceeds the 45-degree angle and the proposed signs for the variance will need to meet this area requirement or they will need a larger variance for their display area. The existing signage exceeds the maximum height and area allowed in the A-2 District. The height, area and angle of the sign will need to be reduced if a variance is not granted for the proposed signage. Image 10: Existing Signage Planning Commission • • Golf Zone ZOA, [UP, and VAR — Planning Case 2016-01 January 25, 2016 Page 15 of 27 One Sign Two Signs `J z Vlore titan 45 degrees ess Sign Face Sign Face Image 11: One Sign vs Two Signs Example Sign Variance Request \ Y.. .. .. .. ... ._ .. ... lliitiii ..I.M...._ .... _ .. .. .... - ... . 14. .. Y.. ... ... .. - .. .. ..... Y.. ... ... .. . . ... .. _._.. . . Y. . -00 After working with staff, the applicant has submitted two alternatives for a sign variance request (see Image 12). The signs will be connected on one side; however, the signage is considered two signs since the angle between these two faces will exceed 45 degrees. Both signs will be elevated six inches above grade. The applicant plans to locate these two signs on the east side of the entrance road (see Image 13). Image 12: Sign Example Planning Commission • • Golf Zone ZOA, NP, and VAR — Planning Case 2016-01 January 25, 2016 Page 16 of 27 The applicant is requesting a variance from Chanhassen City Code Section 20-1301 (3) and Section 20-1267(b). City Code Section 20-1301 (3) regulates signage in the Agricultural Estate District (A-2). See standards below. • One monument sign is permitted. o Applicant is proposing two monument signs. • Monument sign display area may not exceed 24 square feet. o Applicant is proposing display areas that exceed 24 square feet. • Monument height is limited to five feet. o Applicant has proposed one sign that exceeds five feet and an alternative sign that meets ordinance. • Wall signs are not permitted for nonresidential use properties. o The applicant is compliant with this requirement. City Code Section 20-1267 (b) regulates design standards for the construction of pylon and monument signs. See standards below. Monument or pylon signs shall use individual dimension letters, at least one-half inch deep. o Applicant is proposing a flat board panel with the exception of the name of the business (The Zone). • All monument or pylon signs shall be designed and constructed in a uniform manner and to the extent possible, as an integral part of the building's architecture. o The construction of the building is of different materials than the sign. The sign will advertise the name of the event center "The Zone" (name pending business name availability) and the various activities provided by the center. The font used to advertise the various activities (seen in white) is bold and italicized. Staff feels that the use of a different type of font (a thinner, less bold, and non -italicized font) could reduce the overall size of the sign while also enhancing its readability. The proposed sign must be setback at least 10 feet off of all property lines and must be located outside of the sight triangle. The applicant has withdrawn their request to have a monument sign located at the northeast corner of the property. The northeast monument sign was withdrawn by the applicant after analyzing the site and recognizing that the sign could not be viewed practically by traffic from County Road 61/Minnesota Highway 101 roundabout due to a significant drop in grade from the road to the site and a guard rail. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 17 of 27 --County Road 61/Flying Cloud Drive Ztz wi Proposed Sian Location _ New Recreation Patio Afea „ .. Paint _ . Courses "E>sisting Building Image 13: Sign Location The applicant has based their letter size on a letter visibility chart that was prepared by the California Institute of Technology (see Image 14). The chart displays the maximum readable distance and readable distance for maximum impact for various letter heights. An aerial image measurement shows that the baseline distance needed to see the sign from all three road directions is at least 120 feet (see Image 15). LETTER VISIBILITY CHART READABLE MAXIMUM DISTANCE READABLE FORMAXIMUM LETTER DISTANCE IMPACT HEIGHT 100, 30' 3" 150' 40' 4" 200' 60, 6" 350' 80, W. 400' 90, 9" 450' 100, 10" 525' 120' 12" 630' 1501. 15" 750' 180, 18" 1000, 240' 24" 1260' 300' 30" 1500, 360' 36" 1750' 420' 42" 2000' 480' 48" 2250' 540' 54" 2600' 600, 60" NOTE: The Nlbwkv cbte war vary X awftmN 1 o% e+m voles COW OWWNWVm .... 5.280' epuie one (11 oft.. MWY dbt r M color wOLAd be RED or beek0rouia BLACK w WKTE ftWW a ee Tyeatll Ne/0Y a T«SOP. Image 14: Letter Visibility Chart Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 18 of 27 61 / Length 120,66 h ® W� Length'. 11555 tt e Length'120.29tt - - 4 1+ A Y Image 15: Minimum Sight Distance Sign #1 Sign #1 will require variances from City Code to allow two monument signs in the A-2 District that: • Are non -compliant with City Code design standards. • Exceed the number of signs allowed. • Exceed the maximum height allowed. • Exceed the maximum display area allowed. image io: aign tti Planning Commission • • Golf Zone ZOA, lUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 19 of 27 Sign #1 is 7 feet 10 inches tall by 13 feet wide. The display area for each sign face 101.6 square feet, 203.6 square feet in total. The sign business name, "The Zone," is nearly 3 feet tall and has letters that wave upwards from left to right. The letters in "The" are approximately 12 inches in height and the letters in "Zone" are approximately 24 inches in height. The letters describing the activities on the site (in white) are 12 inches tall. According to the readability chart submitted by the applicant, the 24-inch letters will be easily readable and meet the maximum impact for cars stopped at the intersection. The 12- inch letters will also be easily readable and will meet the maximum impact level for cars at stopped at the intersection. Table 1: Letter Visibility Chart for Sign #1 Letter Size Maximum Readable Readable Distance for Distance from Intersection Distance Maximum Impact 12 inches 525 feet 120 feet 120 feet 24 inches 1,000 feet 240 feet 120 feet Table 2: Sign #1 Variances Needed Ordinance Requirement Proposal #1 Maximum Allowed in BH BG or CBD Number of Sec. 20-1301 One monument sign Two monument signs 1 per street frontage Signs permitted A 2 Maximum SO square feet Display Area Sec. 20-1301 24 square feet (A-2) 203.6 square feet (buildings 50,000 care feet or eater Height Sec. 20-1301 5 feet A-2 7 feet 10 inches 10 feet Dimensional letters Some letters non - Dimensional letters, Architectural Sec 20-1267 (b) compatible with dimensional and sign compatible with Criteria building architecture non -compatible with building architecture structure *Letters in red require variance Sign #2 Sign #2 will require a variance to allow two monument signs that: • Are non -compliant with City Code design standards. • Exceed the number of signs allowed. • Exceed the display area allowed. Planning Commission • • Golf Zone ZOA, NP, and VAR — Planning Case 2016-01 January 25, 2016 Page 20 of 27 a• Image 17: Sign #2 38" x 18 5/8" Routered Panel Attachment 72" x 15" Panel 72" x 10" Panel 5 1/2" Letter Height 72" x 17 1/2" Panel 5 112" Letter Height Sign #2 is 4 feet 6 inches tall by 6 feet wide. The display area for each sign face is 24 square feet, 48 square feet in total. The sign business name, "The Zone," is nearly 1 '/2 feet tall and has letters that wave upwards from left to right. The letters in "The" are approximately 6 inches in height and the letters in "Zone" are approximately 12 inches in height. The letters describing the activities on the site (in white) are 5 % inches tall. According to the readability chart, the 12-inch letters will be easily readable and will meet the maximum impact level. The 6-inch letters and the 5 %-inch letters will be readable from the intersection, but will not be large enough to meet the maximum impact level. Sign #2 requires one less variance from City Code (maximum height) and greatly reduces the sign display area variance. While the letters on this sign are significantly smaller than the letters on Sign #1, the smallest letters are still readable and the name of the business (Zone) still has maximum readable impact based on the submitted chart. Table 3: Letter Visibility Chart for Sign #2 Letter Size Maximum Readable Distance Readable Distance for Maximum Impact Distance from Intersection 5'/2 inches 175 feet 50 feet 120 feet 6 inches 200 feet 60 feet 120 feet 12 inches 525 feet 120 feet 120 feet Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 21 of 27 Table 4: Sign #2 Variances Needed Ordinance Requirement Proposal #1 Maximum Allowed in BH BG or CBD Number of Sec. 20-1301 One monument sign Two monument signs 1 per street frontage Signs permitted A-2 80 square feet Maximum Display Area Sec. 20-1301 24 square feet (A-2) 48 square feet (buildings 50,000 square feet or eater Height Sec. 20-1301 5 feet (A-2) 4'/2 feet 10 feet Some letters non - Dimensional letters, dimensional and sign Dimensional letters, Architectural compatible with non -compatible with compatible with Criteria Sec 20-1267 building architecture structure building architecture *Letters in red require variance ..... Y.. ... .. .. . ... --6w" ... .... .. ... ..• Y. ... ... .. ... .... - ... __.. .. - ... .. .. •.._..•. .. -..-. - Y.. ....-. . Ural - - • \ ' - - - . . . . .. Y.. ... .. ... . .. .. .... .. .. ..._.. .. Y. . - - \ ■ Y Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 22 of 27 8 feet CENTER NEl1TED WINTER DRIVING 8 feet ENE � EVENT �Oa CENTER HEATED WINTER DRIVING RANGE INDOOR MINI COIF LL IUIfz xom ' + (County Road 61/Flying Owd (hive) ,.' •. _ T liy. ti N \ Image 18: Proposed Monument Sign Locations 12 feet Planning Commission Golf Zone ZOA, IUP, January 25, 2016 Page 23 of 27 and VAR — Planning Case 2016-01 Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 24 of 27 The City's discretion in approving a sign variance request is limited to if it meets City Code Section 20-1253, which states, "The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article." Y- - Y. - - - \ - - - Y - - I \ _ After reviewing the sign variance requests, staff has determined that Sign #1 does not meet the variance requirements set out in Section 20-1253 of City Code. The only hardship on the subject site is the inability to advertise to car traffic traveling from three directions (north, east and west) with only one sign that does not exceed 24 square feet of display area. For this reason, staff finds it reasonable to request a variance from the maximum number of signs allowed to construct two monument signs that are connected and have an angle that exceeds 45 degrees. However, the height and sign display area of Sign #1 significantly exceeds the maximum display area and height for a monument sign in the A-2 District, and even exceeds the maximum display area requirements for a property in any zoning district within the city. Approving a variance for Sign #1 would disrupt the spirit and intent of Article XXVI, Signs. The County Road 61 and State Highway 101 corridors are a gateway into the City of Chanhassen. A proliferation of signage that exceeds the display area and height that is allowed by city standards will greatly diminish the area's civic beauty by creating a corridor that is cluttered with signage. In approving this sign variance request, the city could also set a precedent for the future proliferation of excessively large monuments signs. The display area and height of the subject sign could be greatly reduced by using fonts that are not bold and not in italics. Furthermore, the lower letters (seen in white) could be reduced in height to limit the height variance, while still being readable. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 25 of 27 Alternatively, Sign #2 reduces the variance requests to the absolute minimum needed to serve as an effective advertisement for the site. Sign #2 requires a variance to allow two monument signs that are non -compliant with City Code design standards, exceed the number of signs allowed and exceed the display area allowed. Sign #2 requires a variance from the number of signs allowed and the maximum display area because the angle between the two sign faces exceeds 45 degrees. However, an angle between these two faces that exceeds 45 degrees is needed to realistically advertise to car traffic traveling from the three different directions that converge on the site. The subject site is located on a property with an interim use that expires on November 1, 2020. The subject sign may be demolished for future development of the site in less than 5 years. Due to this impending development of the site, staff finds it reasonable to grant a variance for design standards of the sign. It is staffs recommendation that this sign variance be extinguished concurrently with the interim use of the property. This will require future development on the site to meet City Code, but allow the existing business to advertise to car traffic from all three directions. Approving variances from City Code for Sign #2 will not create an inequitable distribution of signage along County Road 61, as the sign will not exceed the maximum height. Also, the increased display area and design standard variances for this sign will not diminish the corridor's civic beauty or disrupt the intent and spirit of Article XXVI, Signs. SUMMARY The property owner is requesting an amendment to the City Code to allow paintball as an Interim Use. Staff believes this is a resonable request and the request can be accomodated by amending City Code to allow paintball courses as an Interim Use, with standards. The property owner is also requesting an amendment to Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area, upgrades to a patio area, and a paintball course. Staff supports this request as the subject site can accommodate the outdoor recreation area, upgrades to the existing patio area, and can meet the conditions of approval for an Interim Use Permit for a paintball course. This interim use of the property will provide a reasonable use of the land, until it can redevelop, without incurring significant costs or site improvements. The interim use will be allowed until the year 2020, the same expiration date as the driving range IUP. However, the subject site must become compliant with the original conditions of approval for the driving range and City Code. Lastly, the applicant is requesting a variance to allow two monument signs that are attached. that a eed the ......nbe- of signs Aewe.ie display ffea ....... and heigl.t :...um f r request does not meet the-re"iiemeats forave&ianee. The site do of have any topegrapt,ioal or- other eenditions that sen,e as haEdship on the site. FAir-thefffiffe, the request signifieaftfly exeeeds any sign standaFds for the eity and will dismpt the the spirit and intent of Ai4iele ,,®®�� e�S, S"'s Sign #1 will require a variance to allow two monument signs that are attached that: 9 Are non -compliant with City Code design standards. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 25, 2016 Page 26 of 27 • Exceed the number of signs allowed. • Exceed the maximum height allowed. • Exceed the maximum display area allowed. Sign #2 is reduced in height and will not require a height variance, but will require all other variances as Sign #1. Staff has determined that Sign #1 does not meet the requirements for a variance, but has determined that Sign #2 is a reasonable variance request and can be supported. Staff is recommending approval of Sign #2 with conditions. RECOMMENDATION Staff recommends that City Council amend City Code to allow paintball courses as an Interim Use; amend Conditional Use Permit #1998-02/hrterim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and a paintball course; denies the sign wee; and adopts the attached Findings of Fact and Decision, subject to the following conditions: 1. Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Society for Testing and Materials Standards). 2. Guests must use barrel plugs off the playing field. 3. Velocity of paintball gun projectiles cannot exceed 285 feet per second. 4. A chronograph must be on site to measure projectile velocity. 5. The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. 6. Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. 7. The facility is responsible for the clean-up of any accumulation of materials on the site. 8. A minimum parcel size of 50 acres is required for the operation of a paintball course. 9. The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. 10. The paintball course boundaries must be physically designated with signage or boundary markers. 11. The paintball course must be completely screened from neighboring homes. Planning Commission • • Golf Zone ZOA, ]UP, and VAR — Planning Case 2016-01 January 25, 2016 Page 27 of 27 12. Alcohol use or consumption is prohibited on the paintball course. 13. The hours of operation are limited to daylight hours. 14. Retail sales and rental is limited to paintball-related material and equipment and may not occupy more than 20 percent of the floor display area of the existing building. 15. Structures, fill, or storage of materials or equipment are not permitted on the paintball site. 16. Approval shall expire on November 1, 2020, unless extended in the future. Staff recommends that City Council approves a variance request to allow two monument signs that are attached that are non -compliant with City Code design standards, exceed the number of signs allowed and exceed the display area allowed for signage in the Agricultural Estate District (A-2) at 825 Flying Cloud Drive, as shown in Image 17 of the staff report, and adopts the attached Findings of Fact and Decision, subject to the following conditions: 1. The variance shall expire concurrently with Interim Use Permit #1998-02. 2. The applicant shall receive a sign permit from the City. ATTACHMENTS 1. Findings of Fact and Recommendation (CUP/IUP/Site Plan). 2. Findings of Fact and Recommendation (VAR- Denial). 3. Ordinance Amendment. 4. Application and Narrative. 5. Site Plan Map. 6. Sign Renderings (2 sheets). 7. Patio, Recreation Area and Paintball Locations on Aerial Images (2 sheets). 8. Conditional Use Permit #1998-2/hiterim Use Permit #1998-2/Site Plan Permit #1998-8. 9. Affidavit of Mailing of Notice of Public Hearing. g:\plan\2016 planting ca \2016-01 golf zone iup v ze Wreport- 2016-01 golf zone zoa_iup_var.doc 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION CUP/IUP/SITE PLAN IN RE: Application of Jeff Helstrom to amend Conditional Use Permit 1998-02/lnterim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area (for volleyball and horseshoes), upgrades to an existing patio, and a paintball course on property zoned Agricultural Estate (A-2) — Planning Case 2016-01, property address 825 Flying Cloud Drive. On January 5, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jeff Helstrom to amend Conditional Use Permit 1998- 02/lnterim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area (for volleyball and horseshoes), upgrades to an existing patio, and a paintball course. The Planning Commission conducted a public hearing on the proposed amendment of Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided in the Land Use Plan for Office and Agriculture. 3. The legal description of the property is shown on the attached Exhibit A. 4. When approving an interim use pen -nit the city must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-322 include the following six items: a) The use meets the standards of a conditional use permit set forth in section 20-232 of City Code. 1. Will not be detrimental to or endanger the public health, safety comfort, convenience or general welfare of the neighborhood of the city. Finding: The proposed paintball course and recreation activity area will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The paintball use shall be screened from the general public and will be setback from property lines and residential buildings to minimize negative impacts. The paintballs will be non -toxic, non -caustic, water-soluble and biodegradable to protect the natural resources of the area. The recreation area will 0 be appropriately setback from property lines and will not negatively impact the neighborhood of the city. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed paintball course and recreation activity area will be consistent with the objectives of the city s comprehensive plan and the zoning chapter and shall comply with the interim use permit requirements of Section 20-263.5 of City Code. A paintball course and a recreation activity area are appropriate interim uses on a property that is outside of the Metropolitan Urban Services Area (MUSA). The proposed paintball course and recreation activity area are both low intensity uses and will not require additional public services. The conditions of approval for the paintball course will protect the city's natural resources and ensure that clean-up of any materials deposited on the site will be the responsibility of the property owner. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed paintball course will be screened from property lines and appropriately setback to ensure the use will not change the essential character of the area. The recreation activity area will be appropriately setback from property lines to ensure that the use will not change the essential character of the area. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed paintball course and recreation activity area will not be hazardous or disturbing to existing or planned neighboring uses due to separation requirements and the expiration of the use. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is currently being used as a golf course driving range and is adequately serviced by on -site well and septic system. The site is also adequately serviced by Flying Cloud Drive, an arterial roadway. The addition of a paintball course and a recreation activity area will not require additional facilities or services. 6. 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 paintball course and recreation activity area will not require additional public facilities and services and will not be detrimental to the economic welfare of the community. The proposed paintball course and recreation activity area will provide additional recreation opportunities for patrons to the subject business. 2 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. Finding: The proposed paintball course and recreation activity area will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, hones, glare, odors, rodents, or trash. The business will use paintballs that are non -toxic, non -caustic, water-soluble and biodegradable and will be required to clean up any materials deposited on the site. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The subject proposal will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The site currently has a vehicular approach off of Flying Cloud Drive to the property that is regulated by a stop light. Flying Cloud Drive is classified as an arterial roadway and will be able to accommodate traffic generated by the subject property. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed paintball course and recreation activity area will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance since minimal site improvements are being proposed. 10. Will be aesthetically compatible with the area. Finding: Both the paintball course and recreation activity area will be aesthetically compatible with the area. The proposed paintball course will be screened and significantly setback from property lines and the recreation activity area will be appropriately setback from property lines. 11. Will not depreciate surrounding property values. Finding: The proposed paintball course and recreation activity area will not depreciate surrounding property values due to its compatibility with surrounding uses. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed paintball course will meet the standards prescribed for paintball course as provided in Section 20-263.5 of the Chanhassen City Code. The recreation activity area will only use temporary structures and is allowed by City Code. b) The use conforms to the zoning regulations. Finding: The proposed paintball course meet the standards outlined in Section 20-263.5 of Chanhassen City Code. The recreation activity area will only use temporary structures and is allowed by City Code. c) The use is allowed as an interim use in the zoning district. Finding: Paintball courses are an allowed interim use within the Agricultural Estate District (A-2). The recreation activity area will only use temporary structures and is allowed by City Code. The use shall expire in the year 2020 unless the interim use is extended beyond that year. d) The date of event that will terminate the use can be identified with certainty. Finding: The existing Interim Use Permit for the property will terminate in the year 2020. The proposed paintball course will also terminate at this time. e) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. Finding: The proposed paintball course and recreation activity area will not impose additional costs on the public if it is necessary for the public to take the property in the future since minimal site improvements are being proposed. f) The user agrees to any conditions that the city council deems appropriate for permission of the use. Finding: The applicant agrees to meet the standards of City Code for the paintball course as an interim use and the conditions of approval. 5. When approving a site plan the city must determine the capability of a proposed development with existing and proposed uses. The site plan standards use Section 20-110 and include the following 8 items: a) 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. Finding: The proposed recreation area, upgrades to an existing patio and paintball course are consistent with the elements and objectives of the city's development guidelines. The uses are appropriate interim uses on a property that is outside of the Metropolitan Urban Services Area (MUSA). These uses are low intensity and will not require additional public services or improvements. The conditions of approval for the paintball course, recreation area and patio upgrades will protect the city's natural resources and ensure that clean-up of any materials deposited on the site will be the responsibility of the property owner. The property will continue to utilize existing public roads and will not require any alteration from the existing official road mapping. 4 0 r, L--J b) Is consistent with Chapter 20, Article 11, Division 6 of the Chanhassen City Code. Finding: The proposed plan is consistent with Chapter 20, Article 11, Division 6 of the Chanhassen City Code. c) 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. Finding: The proposal does not include plans for any soil or tree removal. The proposal only calls for bringing in sand for a sand volleyball court and horseshoe pit, both subject to City Code for grading. These alterations will keep with the general appearance of the neighboring developed or developing areas. d) 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. Finding: The site will retain its open space with natural features with the proposal. The paintball course will only have temporary structures (hay, logs, etc.) added to the now open area The recreation activity area will add a volleyball court and horse shoe pit near the existing building, which will have a harmonious relationship. e) Creates a functional and harmonious design for structures and site features, with special attention to the following: 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. Finding: The site appropriately uses the natural space south of the building for the paintball course. This keeps a buffer between the public right-of-way and parking lot and the paintball course. The proposal also locates the recreation area and patio area near the north side of the subject building. This creates an aesthetically pleasing, functional and harmonious entrance to the site. 2. The amount and location of open space and landscaping. Finding: The proposal will not add any permanent structures to the subject site. The site will continue to retain a significant amount of open space in the most environmentally sensitive portion of the site, which is within the flood plain. 3. 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. Finding: The proposal does not call for the addition of any permanent structures to the site. • 4. 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. Finding: The site has adequate vehicular and pedestrian circulation and will not require any additional circulation paths with the proposal. f) 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. Finding: The recreation activity area and patio are appropriately setback from all property lines. These setbacks will protect adjacent and neighboring properties from any negative externalities. The paintball course will be setback at least 300 feet from all property lines and 500 feet from any residential buildings. These setback requirements will adequately protect adjacent and neighboring properties from any negative externalities. g) Within the HC districts, consistency with the purpose, intent and standards of the HC districts. Finding: The subject site is not within the HC districts. h) Within the BCO district, meet the additional purpose, intent and standards of the BCO district. Finding: The subject site is not within the BCO district. 6. The planning report #2016 dated January 5, 2016, prepared by Drew Ingvalson, et al, is incorporated herein. RECOMMENDATION The Chanhassen Planning Commission recommends that City Council approve an amendment to Conditional Use Permit #1998-02/lnterim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and paintball course at 825 Flying Cloud Drive, subject to the following conditions: 1. Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Society for Testing and Materials Standards). 2. Guests must use barrel plugs off the playing field. 3. Velocity of paintball gun projectiles cannot exceed 285 feet per second. 0 0 ! 4. A chronograph must be on site to measure projectile velocity. 5. The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. 6. Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. 7. The facility is responsible for the clean-up of any accumulation of materials on the site. 8. A minimum parcel size of 50 acres is required for the operation of a paintball course. 9. The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. 10. The paintball course boundaries must be physically designated with signage or boundary markers. 11. The paintball course must be completely screened from neighboring homes. 12. Alcohol use or consumption is prohibited on the paintball course. 13. The hours of operation are limited to daylight hours. 14. Retail sales and rental is limited to paintball related material and equipment and may not occupy more than 20 percent of the floor display area of the existing building. 15. Structures, fill, or storage of materials or equipment are not permitted on the paintball site. 16. Approval shall expire on November 1, 2020, unless extended in the future. ADOPTED by the Chanhassen Planning Commission this 5'h day of January, 2016. CHANHASSEN PLANNING COMMISSION L-IM Its Chairman 7 • EXHIBIT A The East halfofthe Southeast Quarter (E'/z ofSE '/4) ofSection 35, Township 116 North of Range 23 West, excepting therefrom one half ('/2) acre inthe Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also theNorth 26 acres oftheNorthwest Quarter ofthe Southeast Quarter (N 26 A of NW '/< of SE'/4) of Section 35, Township 116, Range 23, containing in all 10550 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing atapointin 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 ofthe Southeast Quarter ofsaid 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 intheNorthwest Quarter ofthe Southeast Quarter of Section 35,Township 116, Range 23 and containing 6 acres ofland less the amount sold to the State ofMinnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highwaypurposes and described in that certain Warranty Deed dated January23,1924and filed forrecord in theofficeofthe Register ofDeeds in and forCarver County, MinnesotaonMarch 5,1924atIIo'clockA.M.and recorded therein inBook 33 ofDeeds onpage 5; also: Excepting therefrom aparcel of landsold totheStateofMinnesotaforTnmkHighwaypurposesanddescribed 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 ofDeeds onpage6. E 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION VARIANCE Application of Jeff Helstrom for a variance from the number signs, maximum sign display area and maximum sign height allowed on property zoned Agricultural Estate (A-2) — Planning Case 2016-01, property address 825 Flying Cloud Drive. On January 5, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jeff Helstrom for a variance to the number signs, maximum sign display area and maximum sign height. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided in the Land Use Plan for Office and Agriculture. 3. The legal description of the property is shown in the attached Exhibit A. 4. Section 20-1253. Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. The intent of limiting the number, display area and height of signage is to protect the civic beauty of the city from a landscape that is cluttered with signage. The subject site is currently allowed adequate signage for a business within the Agricultural Estate District (A-2). The topography of the site is not a hardship in locating a sign for advertisement of the site and there are no other conditions that serve as a significant hardship when considering signage on the site. The proposed sign request significantly exceeds the maximum display area and height for a monument sign in the A-2 District, and even exceeds the height and display area requirements for a property in any zoning district within the City. Approving this sign variance request would disrupt the spirit and intent of Article XXVI, Signs. The site currently has adequate signage for advertising and an increase in signage would create an inequitable distribution of advertisement within the area. County Road 61/Flying Cloud u Drive and State Highway 101 corridors are a gateway into the City of Chanhassen. A proliferation of signage that exceeds the display area, height and amount of signage that is allowed by city standards would greatly diminish the area's civic beauty by creating a corridor that is cluttered with signage. 5. The planning report #2016-01 dated January 5, 2016, prepared by Drew Ingvalson, et al, is incorporated herein. The Chanhassen Planning Commission recommends denial of a variance request to allow two signs that exceed the number of signs allowed, display area maximum, and height maximum for signage in the Agricultural Estate District (A-2) for property located at 825 Flying Cloud Drive. ADOPTED by the Chanhassen Planning Commission this 5t' day of January, 2016. CHANHASSEN PLANNING COMMISSION M Its Chairman EXHIBIT A The East halfoftheSoutheast Quarter (E'/2 of SE'/4) ofSection35,Township 116 North of Range 23 West, excepting therefrom one half ('/2) acre inthe Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also theNorth 26 acres oftheNorthwest Quarter ofthe Southeast Quarter (N 26 A of NW Y< of SE'/<)of Section 35, Township 116,Range23, containing in all 10550 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing atapointin 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 ofsaid Section 35, thence West 50 rods to the Quarterpost, thence Southonthe Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated intheNorthwest Quarter ofthe Southeast Quarter ofSection 35,Township 116, Range 23 and containing 6 acres of land less the amount sold to the State ofMinnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highwaypurposes and described in that certain Warranty Deed dated January23,1924and filed forrecord in theofficeofthe RegisterofDcedsin andforCarverCounty, Minnesota onMarch 5,1924 at 11 o'clock A.M. and recorded therein inBook 33 of Deeds on page 5; also: Excepting therefromaparcel of landsold totheState ofMinnesotaforTnmkMghwaypurposesanddescribed 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 I 1 o'clock A.M. and recorded therein in Book 33 ofDeeds onpage6. K CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, MISCELLANEOUS PROVISIONS AND OFFENSES AND CHAPTER 20, ZONING CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 11-2 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to add subsection 8 to read as follows: (8) By any person at a city -approved paintball course and consistent with city ordinances and state and federal gun laws and regulations. Section 2. Section 20-263.5 of the City Code, City of Chanhassen, Minnesota, is hereby added to read as follows: Sec. 20-263.5 Paintball Courses. The following conditions will apply to paintball courses: (1) Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Societyfor Testing and Materials Standards). (2) Guests must use barrel plugs off the playing field. (3) Velocity of paintball gun projectiles cannot exceed 285 feet per second. (4) A chronograph must be on site to measure projectile velocity. (5) The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. (6) Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. (7) The facility is responsible for clean-up of any accumulation of materials on the site. (8) A minimum parcel size of 50 acres is required for the operation of a paintball course. (9) The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (10) The paintball course boundaries must be physically designated with signage or boundary markers. (11) The paintball course or field must be screened from neighboring homes. (12) Alcohol use or consumption is prohibited on the paintball course. (13) The hours of operation are limited to daylight hours. (14) Retail sales and rental is limited to paintball related material and equipment and may not occupy more than 20 percent of the floor display area. P Section 3. Section 20-576 of the City Code, City of Chanhassen, Minnesota, is hereby amended to add subsection 10 to read as follows: (10) Paintball Courses. Section 4. This ordinance shall be effective immediately after its passage and publication PASSED AND ADOPTED this 25's day of January, 2016 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Denny Laufenburger, Mayor (Published in the Chanhassen Villager on ) _Dz COMMUNITY DEVELOPMENT DEPWTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 WCITY OF CBANHASSEN / APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: D PC Date: J 1 CC Date: ( S I� 60-Day Review Date: I (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment .........................$600 ❑ Minor MUSA line for failing on -site sewers ...... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence.................................$325 ❑ All Others.........................................................$425 Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence..$325 ❑ All Others.........................................................$425 ❑ Rezoning (REZ) ❑ Planned Unit Development (PUD)...................$750 ❑ Minor Amendment to existing PUD .................$100 ❑ All Others ....... .................................................. $500 ❑ Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) ❑ Administrative ................ .................................. $100 ❑ Commercial/Industrial Districts' ......................$500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) Include number of existin employees: Include number of new employees: ❑ Residential Districts .............................. ........... $500 Plus $5 per dwelling unit ( units) I Notification Sign (City to install and remove) .......................... ❑ Subdivision (SUB) ❑ Create 3 lots or less.........................................$300 ❑ Create over 3 lots ...................... $600 + $15 per lot ( lots) ❑ Metes & Bounds ........................ $300 + $50 per lot ( lots) ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat..........................................................$700 Includes $450 escrow for attorney costs' `Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC) ........ $300 (Additional recording fees may apply) Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence...............................$150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal......................................................$100 Ef Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ..................................................................................... $200 �J Property Owners' List within 500' (City to generate after pre -application meeting).... Escrow for Recording Documents (check all that ap y).......................... ❑ Conditional Use Permit Interim Use Permit ❑ Vacation � Variance El Metes & Bounds Subdivision (number of deeds to be recorded: _) Description of Proposal: ?J AINA Ex d -w 0-nZt4yr ............................................... 3 per address (addresses) gZ7 ...................... ..........$50 per document ❑ Site Plan Agreement _ ❑ Wetland Alteration Permit FEE: 4 Property Address or Location: ?' Ly C c✓� d Parcel a-CX) Legal Description: Total Acreage: Q1,1S Wetlands Present? Yes ❑ No Present Zoning: Ra— A5 c"IA--ty-ed 4ES1ba_�f_ Requested Zoning: WA Present Land Use Designation: Requested Land Use Designation: At Existing Use of Property: (JO Ik-' C� ri✓i 191 Check box is separate narrative is attached. APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify t�th hatt the information and exhibits submitted are true and correct. Name: _�e't'-C� NcIeJroe"\ ,t Contact: Address: S -Yit2 Grla�rii cC Phone: City/State/Zip: P*7 / Cell: Z�; — y0h 7- Email: _ , ) K Gt Stf'o r— �� O 16t Se-L O✓) S . L 0r' Fax: Signature:_ fd:1 Date: 17 —I 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Address: City/State/Zip: Email: Signature: Contact: Phone: Cell: Fax: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Contact: Phone: Cell: 4Q-:7 Zg -1MA Z ^"Fax: Date: 1-7,- 1 - i 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, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Address: City/State/Zip: Email: Contact: Phone: Cell: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City/State2ip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: Planning Department I would like to submit a formal application to undertake and accomplish the following. 1. New Permanent signage 2. Amend interim use permit to allow for outdoor picnic area, horse shoes and paintball. 3. Included maps of locations of the new activities. Paintball within the flood plane will have no permanent structures. Only environment friendly paintballs will be used. • Paintballs are completely biodegradable and will wash away from most surfaces with water or will vanish after a rainstorm. Paintballs are gelatin capsules filled with an oil or polyethylene glycol (the base of cough syrups) and food -coloring dye mixture. Both the shells and the fill will naturally biodegrade and will not leave lasting marks on the environment. As you know as a result of the road construction business has been extremely slow. Since the current road construction is almost complete I am considering additional investment to foster more business for the future. These additional investments would offer our customers more recreational choices and give us more opportunity to offer group outings. Due to the pending Hwy 61 corridor project and the future sewer and water, I can no longer utilize the land closed to Hwy 61. The addition of these new activities is my only viable option to replace my loss of business. Due to the new road configuration new and larger signage is needed to give us a fair chance of attracting new customers and make us a visible business moving forward. The concepts of the new signs are included. Thank you, Jeff Helstrom GolfZone Owner 612-723-4862 9 30 l :9r6 au0x ox YINIJ 0 NVld 311S NW N3389 VW83d / SSki Vl0S3NNIW 'N3SSVHNVHO 831N30 1N3W3A0HdWl _A100 SSi 'JA 531tlI00SStl aNy N0SN30Ml tl 83908 °n'� �•6 '� +va w.Yaa narJ•Ncrl TONI ;NMNd�» �:,; n0sxwl ao 31ns 3w n srr 3.0 n9oln J. 0�'M' 3ws \�x9m5i,� .�:oavYOao i� a o3lrasee sr. wv swl Jrw AJLLau r.evD. , _ — •3N3a dJr s u- _ SIN31rU91.9x3'J. • Jn s u� - c - xvu 0lulon S xrld 13N / 'INgN3J r NV1d 3pYJ5pNrl c xnd Nourna3s3tla 33lLL 2 N>W ,Oa11gJ NJ50a3 9'JNlpryl Nrld S 133F5 7SF1 . 617SG NF 'V"3 sHY 3.1 sMq la( axsmwma van Ctlp:3a p b3NxO ua3d0bd SfOt 91S (Z19) Nxa'30Nr b3'JOb 9Zf55 NIY SIY1dr3NNa1 3 3<:NS 'Ml6 111z,. 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' :63MA O6 MIS 3 vusl aemre onnvsucn vawoucrioN 1330 MILL LANE • WACONIA, MN 55387 phone 952442-7481 fax 952-442-7491 email design®odprodwisine.mm Pricing shown is for product only and does not include design. Instillation, shipping or sales tax charges, which art add8ional. Job Description Sign One -Concept Customer Golf Zone Sales Person Cathy Nielsen Designer Brian Mead File Name Golf Zone / MonumentSigns_NEW.(s Additional Notes This devign a the property of CD Products, Inc. and may not be mpmduced m inanolaoured without wduen pennIwr,o brn CD PradLKI. SIGN 1 ✓log" - e — ( XVIEVENT ON MCENTER HEATED WINTER DRIVING RANGE INDOOR MINI 601E PAINT BALL yourgoifzone.com 8' x 4' x 1/2" MDO Digital Print Applied 8' x 4' x 1/2" MDO Digital Print Applied 8'x 4'x 1/2" MDO Digital Print Applied Overall Size: 96" x 144" (96sq feet) (3) 8' x 4' x 1/2" MDO Panels with Digital Prints Applied Post Mounted starting 3' off the ground (15' overall height) External Ground Lighting FCANNED 40 • RAL BEMICE ORRPWL9 PROOIK.I iON 1330 MILL LANE • WACONIA, MN 55387 phone952-442.7481 fax952442.7491 email decign&c1productalnc.com Pricing shown is for productonly and does trot include design, Installation, shipping or sales in charges,whhh are additional. Job Description Sign Two - Concept Customer Golf Zone Sales Person Cathy Nielsen Designer Brian Mead File Name Golf Zone / Monuments gns_NEW.fs Additional Notes This design n the property WE) Pmducu,lnc. and may not be reproduced or manufactured without written permission hom CD Products. SIGN 2 Overall Size: 96" x 180" (120sq feet) Post Mounted - Height TBD External Ground Lighting SCANNED • • ---------------- • Summer Paint Ball ti ��r111 'JIM/l Winter Driving Range r _/'Summeri Paint Ball J, Google Horseshoes 1 . • � .ay Volleyball courts i Q. � t i I •1��A �NM • Document N, OFFICE OF THE:. A 4 5 3 7 8 o COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee:$ 46.00 Checl*:16526 Certified Recorded on 11-15-2006 at 124AM453788 CITY OF CHANHASSEN RESTATED & AMENDED SITE PLAN PERMIT #98-8 INTERIM USE PERMIT #98-2 CONDITIONAL USE PERMIT #98-2 SPECIAL PROVISIONS AGREEMENT dated October 23, 2006, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Rain, Snow or Shine Golf, LLC (the 'Developer"). :. 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 stamped "Received September 12, 2006, prepared by Anderson Engineering of Minnesota, LLC. Plan B: Landscaping Plan stamped `Received September 12, 2006, prepared by Anderson Engineering of Minnesota, LLC. Plan C: Grading, Drainage, and Erosion Control Plan dated March 13, 1998, revised August 18, 1998 prepared by Roger A. Anderson and Associates. Plan D: Floor Plan and Exterior Elevation stamped `Received August 4 2006" prepared by Structural Buildings, Inc. SCANNED 4. Time of Performance. The Developer shall install all required screening and landscaping by November 31, 2007. The Developer may, however, request an extension of time 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. S. 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's in the amount of $3,300 ($1,650 for erosion control and $1,650 for landscaping). 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: Rain, Snow or Shine Golf, LLC 825 Flying Cloud Drive Chaska, MN 55318 Phone: 952-445-1500 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, 7700 Market Blvd., P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 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, and amended Site Plan and amended Interim Use Permit #98-2, Planning Case #2006-30, for the construction of an 11,100 square -foot addition to the principal structure requiring a 10,300 square400t 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 as shown on the plans prepared by Structural Buildings Inc. stamped "Received August 4, 2006" and as shown on the plans prepared by Anderson Engineering of Minnesota, LLC stamped "Received September 12, 2006" and 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. 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 define, 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'h 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. i. MnDOT is recommending that the driveway be widened. A permit from MnDOT 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 10-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. 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. in. No berming, drainage improvements or landscaping will be allowed within Trunk Highway 212 right-of-way. n. The plans shall be modified as follows: 1. The existing well shall be located and shown on the plans. 2. Relocate rock construction entrance south at a point where the existing driveway will be altered/reconstructed. 3. Demonstrate where and how much filling and excavating will occur within the flood plain, i.e. quantities of each activity. 4. Show normal and high water elevation of each pond. 5. Add silt fence downstream of proposed berms and practice green No. 1 in the northwest comer of the site. E. Provide temporary and/or permanent erosion control measures around sediment pond in northeast comer of the site. 7. Incorporate MnDOTs comments regarding widening of the driveway at Trunk Highway 212 and right-of-way identification per letter dated May 21, 1998. 8. Locate alternative mound site and preserve from construction activities 9. Add landscape islands in parking lot. 10. Add curbs along north side of parking lot to direct runoff to sediment pond. o. 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°' p. No additional development outside the current proposal. q. 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. r. 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. s. 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. t. Note the top of curb elevation of the parking area north of the proposed building. Verify that the proposed grade in this area will not exceed 3H:1 V. U. Show the proposed pedestrian access to the new building. v. Note what the existing structure is west of the building and include a note whether this structure is to remain or will be removed. w. Note the HE of the existing building. x. Delete or update the note on the plans that state the FFE of the 1' and 2"d office buildings. y. Permits must be obtained for the construction of, alteration of, or occupancy use changes to any buildings on the site. z. 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 1STS designer. aa. 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. bb. 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 fagade and the exterior elevations must be revise to show four 5' x 5' windows on the western facade. cc. Any rooftop mechanical equipment must be screened from public view. dd. A trash enclosure must be shown on the site plan. ee. One additional parking stall is required. The City Council approved Wetland Alteration Permit ##98-1 per the site plan subject to the following conditions: a. The applicant shall provide a buffer zone between wetlands the limits of the pitch and putt golf course. b. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan requirements. c. The applicant shall receive permits from the jurisdiction agencies such as the Army Corps of Engineers and the DNR. d. 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 around the existing wetlands. e. 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 • E sign. The applicant shall verify the location of these signs with the City's Water Resources Coordinator and shall install these signs before the Certificate of Occupancy is issued. £ 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. S. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. ,SEAL) CITY M Gerhardt, City Manager Snow or Shine Golf, LLC I Its: (,tip` 4t61an�,g e / STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 13+-day of fN / 202e, by Tom Furlong, Mayor, and by Todd Gerhardt, 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. TARY PU LIC •LVA'.-�KITMEtMtGaW estiSnenSn aE3N72 6 ta1G STATE OF MINNESOTA ) ( ss. COUNTY OF C6kdE12 ) The ore oin instruqtw:�acknledged before me this �IAXcIay of �TO6f 20Ulrby Jeff lielst =, thefief Manager of Rain, Snow or Sh' GolfLTAunited i 'ty crngaany, behalf of the cbrtlpany• NOTARY PUBLIC KAREN M.RS LAON WTARY PUBLIC CR- MIMIFSOTA My Comm. E.D. Jan 31, 2010 Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (651)452-5000 1 EXHIBIT A The East half of the Southeast Quarter (E'/z of SE '/.) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (%i) 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 of NW V. of SE '/,) 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 'Vest 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 of the Southeast Quarter of Section 35, Township 116, Range 23 and containing 6 acres of land less the amount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at I 1 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 i 1 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6. 13 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 24, 2015, 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 — Planning Case 2016-01 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 sworn to before me thisoii�day oFAace rn k&r , 2015. A.'/X�-My oKIM T. MEUWISSEN Notary Publio-Minnesota Commission Expires Jan 31, 2020 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 5, 2015 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for city code amendments to Chapter 11, Proposal: Miscellaneous Provisions, and Chapter 20, Zoning, to permit paintball; Amendment to Interim Use Permit to allow paintball; and Variance for si nor e — Golf Zone Applicant: Jeff Helstrom Property 825 Flying Cloud Drive (CSAH 61) Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2016-01. If you wish to talk to someone about this project, please contact Drew Ingvalson by email at dinavalson aaci.chanhassen.mn.us or by phone at Questions & 952-227-1132. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWT Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Panned Unit Developments, Site Pan Reviews. Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a Public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party Is invtted to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Panning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Panning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the Clty Coundl except rezonings and land use amendments from resldenlial to commercialfindustrtal. • Minnesota Slate Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow, an item through the process should check with the Panning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any interested person(s). • Because the Planning Commission hdtls the public hearing, the City Council does not. Mnutes are taken and any correspondence regarding the application will be included in the report to the City Council. M you wish to have something to be included in the report, ease contact the Planning Stag person named on the notification, Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, January 5, 2015 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for city code amendments to Chapter 11, Proposal: Miscellaneous Provisions, and Chapter 20, Zoning, to permit paintball; Amendment to Interim Use Permit to allow paintball; and Variance for si nor e — Golf Zone Applicant: Jeff Helstrom Property 825 Flying Cloud Drive (CSAH 61) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborh d about this project. During the meeting, the Chair will lead What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.cl.chanhassen.mn.us/2016-01. If you wish to talk to someone about this project, please contact Drew Ingvalson by Questions & email at dinovalson(a)ci.chanhassen.mn.us or by phone at Comments: 952-227-1132. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. NEWI Sign up to receive email and/or text notifications when meeting agend , packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: • Subdivisions, Panned Unit Developments, Site Plan Reviews, Conditlonal and Interim Uses, Wetland Alteretlons, Rezonings, Comprehensive Pan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject slid to be notified of the application in writing. Any interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Panning Commission meeting, staff vnll give a verbal oversew of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly m partly the Planning Commission's recommendation. Rezonings. land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerclalAndustdal. • Knnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Panning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Panning Commission holds the public hearing, the City Council does not. kMnutes are taken and any correspondence regarding the application will be Included In the report to the City Council. 0 you wish to have something to be Included In the report, lease contact the Planning Staff parson named on the notification. BRIAN J JOHNSON 1190 BLUFF CREEK DR CHASKA, MN 55318-9515 HEIDI R MOE 1425 BLUFF CREEK DR CHASKA, MN 55318-9515 PETERSON FARM HOLDING NO 3 LP 15900 FLYING CLOUD DR EDEN PRAIRIE, MN 55347-4047 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL, MN 55155-4045 CARVER COUNTY 602 4TH ST E CHASKA, MN 55318-2102 JAMES ROBERT SKAGGS 1190 TWIN PEAKS CIR LONGMONT, CO 80503-2170 RAIN SNOW OR SHINE GOLF LLC 825 FLYING CLOUD DR CHASKA, MN 55318-9503 CHRISTOPHER HAGEN 850 FLYING CLOUD DR CHASKA, MN 55318-9503 PCH DEVELOPMENT LLC 10500 GREAT PLAINS BLVD CHASKA, MN 55318-9470 SKIP S COOK 15506 VILLAGE WOODS DR EDEN PRAIRIE, MN 55347-1439 156" 93.7 38" x 18 5/8" Routered Panel Attachment 72" x 15" Panel 72' x 10" Panel 5 1/2" Letter Height 72" x 17 112" Panel 5 112" Letter Height 73" x 35 114" Routered Panel Attachment 156" x 16" Panel Letter Height - 12" 156" x 36" Panel Letter Height - 12" 6000 Kieran, Ville St Laurent, QC H4S 2B5 PH: 514 339 1400, FAX: 514 3391009 Paintballs: Material Safetv Data Sheet Fill Components Polyethylene Glycol 300 Polyethylene Glycol 3350 Water Glycerine Emulsifying Wax Sorbitol Food Grade Starch FD&C Approved Colorants Titanium Dioxide Shell Components Gelatin Anti Foam Soy Lecithin Product Identifier Soft Gel Capsule Product Use Product Dec Physical State: Liquid Specific Gravity: 1,200 g/ml Boiling Point: 200 Celsius Recreational Odor: No Odor Appearance: Depends on Colorant Co -Efficient of Water/Oil Distribution: N/A Freezing Point: 4-9 Celsius 25322-68-3 25322-68-3 77 - - 56-81-5 8002-74-2 50-70-4 (Varied) 13463-67-7 9000-70-8 556-67-2 8002-43-5 Odor Threshhold: N/A Vapor Pressure: (AIR=1) 1 PH: 6, -7.5 Vapor Density: (AIR=1) I Evaporation Rate: (BuAc=1) Percent Volatile (By Volume): N/A N/A Hazards Identification Hazards for Health: Materials contained in this product are classified as non -hazardous Eye Contact: Fill may cause slight transient irritation Skin Contact: Prolonged or repeated exposure not likely to cause significant skin irritation. Prepared By: Phone: Date: Plant Manager (5141339-1400 ext 287 03/01/2012 Ingvalson, Drew From: Jessica Glidden <jessicaglidden@icloud.com> Sent: Thursday, January 21, 2016 11:58 AM To: Ingvalson, Drew Cc: Jeff Helstrom Subject: Fwd: PB Nation Thread Hi Drew, Please confirm that you were able to receive this email. Jeff said he's been trying unsuccessfully to get it to you. Thank you, Jessica Glidden Group sales/marketing 825 Flying Cloud Drive Chaska, MN 55318 952.445.1500 www.yourgolfzone.com Begin forwarded message: From: Pat O'Toole <pat@¢isportz.com> Date: January 21, 2016 at 10:30:06 AM CST To: Jeff Helstrom <ihelstrom@solasalons.com> Subject: RE: PB Nation Thread Jeff, The following speaks volumes to me and paints a good picture. Passing car at 10 ft. or garbage disposal at 3 ft 80 4 times as loud Passing subway train at 10 ft. or gas lawn mower at 3 ft. 100 116 times as loud Keep in mind the above info has no obstructions between the meter and the recorded action or item. As you mentioned you have wooded areas between you and the neighbors which would further reduce the noise level. If the concerned neighbors are not currently complaining about you cutting your grass then a product that emits lesser noise should be of no concern. I would explain early on that you do not intend to use horns, speakers or PA system to run your paintball games. The loudest action that you will be doing is firing paintballs from a paintball MARKER. t SCANNEC Thanks Pat. From: Jeff Helstrom[mailto:ihelstrom(alsolasalons.comj Sent: Wednesday, January 20, 2016 8:18 PM To: Pat OToole Subject: Re: PB Nation Thread Thanks Pat Can that chart be calculated to 2500 feet? Thank you, Jeff Helstrom Sola Salon Studios 612.723.4862 On Jan 20, 2016, at 3:50 PM, Pat O'Toole <pat@eisportz.com> wrote: Here is some additional info. Sound Pressure Approximate loudness with Sound Environment Level (dBA SPL) regard to ordinary conversation Threshold of hearing 0 Don't hear anything Broadcast studio interior or 10 1/32nd as loud as conversation rustling leaves Quiet house interior or rural 20 1/16th as loud nighttime Quiet office interior or watch 30 1/8th as loud ticking Quiet rural area or small 40 1/4th as loud theater Quiet suburban area or 50 1/2 as loud dishwasher in next room N t• Office interior or ordinary 60 Ordinary Conversation conversation Vacuum cleaner at 10 ft. i 70 Twice as loud Passing carat 10 ft. or 80 4 times as loud garbage disposal at 3 ft Passing bus or truck at 10 ft. or food blender at 3 ft. F—Passing subway train at 10 ft. or gas lawn mower at 3 ft. Night club with band playing .c 8 times as loud 100 1 16 times as loud 110 132 times as loud Threshold of pain I 120 l 64 times as loud as conversation (twice as loud as night club) Pat O'Toole Sales Toll -Free: 1.800.671.9963 ext. 3901 Ph: 331-826-0701 Cell: 630-414-1468 Skype: otoole20101 <image002.jp9> <image003.png><image004.png><image005.png><image006.png><ima ge007.png> Please Consider the impact on the environment before printing this e- mail and any attachments The content of this message is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy or re -use this e-mail or any information contained in it. If you are not the intended recipient(s), we request that you please notify us by reply e-mail and destroy all copies of the message and any attachments. CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. <2013-01-29_FT12 Marker Sound Level Test.pdf> 3 CONFIDENTIALITY NOTICE: This email and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance upon this message. If you have received this in error, please notify us immediately by return email and promptly delete this message and its attachments from your computer system. Tippmann Sports, LLC 29JAN2013 RE: Sound Level Test for Paintball Marker Description of Test: A paintball gun is to be fired outdoors and sound level readings are to be taken at specified distances from the barrel. Equipment Used: 1) Tippmann FT12 Rental (serial #0031698) set at 300 feet per second 2) 20 ounce COZ tank 3) Marbalizer paintballs 4) Extech Instruments Model 407768 Digital Sound Level Meter, Mode A Fast (See Figure 1 for info.) Ambient Conditions: Altitude: 815 feet Temperature: 577 Humidity 93% Pressure 29.75in Ambient Sound Level: 60 dB Table 1: Test Data values are in decibels Marker 0' 25' 33' 50' 100' 150' 164' 200' FT12 78.4dB 81.9dB 75.1dB 74.2dB 72.9dB 70.8dB 66.9dB 69dB Test Performed by: Corey Rice — Product Engineer Date: i Mitch Bivens —Engineering Director C� _ Date: Z9J9N Z"-? 2966 Adams Center Road Fort Wayne, IN 46803 260.749.6022 www.tippmann.com 5 �.rlNcr n Tippmann Sports, LLC Figure 1: Data Shect for Eztech Meter User's Manual EXTECH �MBTXUMeNrs Mode1407768 Digital Sound Level Meter oar 2955 Adams Center Road Fort Wayne, IN 46803 260.749.6022 www.tippmann.com 0 Tippmann Sports, LLC Y P q V c fYfig�S�QI�� 6 I , o c py • GQ T xY P rb IN 2955 Adams Center Road Fort Wayne, IN 46803 260.749.6022 www.tippmann.com `q 5_ p =eE� w= aI '29 n P-g C"'A- i Q , ctp- if Ingvalson, Drew From: Parris, Leslie (DNR) <Leslie.Parris@state.mn.us> Sent: Wednesday, December 23, 2015 12:34 PM To: Ingvalson, Drew Cc: Skancke, Jennie (DNR); Mottl, Larissa (DNR); Harper, Liz (DNR); Doperalski, Melissa (DNR) Subject: RE: City of Chanhassen Agency Review Request for 825 Flying Cloud Drive - Golf Zone Request to allow Paintball Drew, Thank you for the opportunity to review and comment on the IUP application for paintball activities at the 825 Flying Cloud Drive site. The site is located adjacent to the Raguet State Wildlife Management Area (WMA), and the Minnesota Valley State Recreation Area which are considered Regionally Significant Ecological Areas of Outstanding Rank and are Minnesota Biological Survey Sites of High Biodiversity. These and other nearby sites include records of state -threatened species and include rare and protected features such as calcareous fens, karst features, a designated trout stream, public water wetlands and basins, and native plant communities. It is because of these features and designated areas that we offer the following comments and recommendations for permit conditions for your consideration. • The applicant states that only environmental friendly paintballs will be used at the facility. Due to the high potential for surface water and subsurface leeching to reach adjacent water bodies and other sensitive features, we recommend that this be included as a condition to the permit. • There is concern that although paintballs will be environmentally friendly, that overtime accumulation of materials may result in,yisual or physical impacts to the surrounding sensitive features from surface runoff or subsurface leeching. If this does occur,e D would recommend the permit include a provision that the permit holder would be responsible for rectifying impacts. The DNR should be consulted with (or may contact the city) should impacts be observed. • The adjacent Raguet WMA is open to public hunting. This is in accordance with Minnesota Statutes. This right extends to the limits of the property boundary and therefore it should be known and communicated to paintball participants that hunting may be occurring directly adjacent to and during paintball activities. The hunting allowance for WMA actions will remain in place so it is important that the site be properly marked (use of signage) outlining boundaries so that paintball participants stay within their designated areas (this includes keeping paintball firing to within designated boundaries as well). Interference with WMA users should be discouraged. Paintball activities are not allowed on the WMA and the WMA shout not be used to access paintball designated areas. d1"w 13r-A�0"A,Please let me know if you have any questions. V/r, Leslie Leslie Parris NR Specialist MN-DNR Division of Ecological & Water Resources 1200 Warner Road St. Paul, MN 55106 l e s l i e. o a r r i s Cd st a t e. m n. u s From: Ingvalson, Drew [mailto:DIngvalson@ci.chanhassen.mn.us] c Sent: Monday, December 14, 2015 4:20 PM ;r r To:'Parris, Leslie (DNR) • • Subject: RE: City of Chanhassen Agency Review Request for 825 Flying Cloud Drive - Golf Zone Request to allow Paintball Hi Leslie, I had the applicant submit a drawing that showed the location of the proposed paintball area and signage. Attached is the drawing that the applicant submitted. The dotted red lines show a 300' setback from the north and east property lines (where the paintball course will not permitted). The drawing also shows a wetland delineation line (where the paintball course will not be permitted). Please let me know if you have any comments or concerns. Best Regards, Drew Ingvalson I Assistant Planner City of Chanhassen I Community Development Department 7700 Market Boulevard I Chanhassen, MN 55317 Phone 952.227.1132 1 Email dinevalson(@ci.chanhassen.mn.us From: Ingvalson, Drew Sent: Friday, December 11, 2015 3:49 PM To: 'Parris, Leslie (DNR)' <Leslie.ParrisC@state.mn.us> Subject: RE: City of Chanhassen Agency Review Request for 825 Flying Cloud Drive - Golf Zone Request to allow Paintball Good Afternoon, Per our phone conversation, I have attached the documents submitted by the applicant. You should find the application, aerial images of the proposed locations for the various structures and paintball course and rendering of a proposed sign. As I stated over the phone, we are looking to get a more detailed rendering of the paintball course area. We should receive this no later than Tuesday of next week. Moving forward, please, feel free to contact me at the information listed below if you have any additional questions, concerns or comments. Best Regards, Drew Ingvalson I Assistant Planner City of Chanhassen I Community Development Department 7700 Market Boulevard ) Chanhassen, MN 55317 Phone 952.227.1132 1 Email dingvalsonCnlci.chanhassen.mn.us From: Parris, Leslie (DNR)[mailto:Leslie.Parris@state.mn.usl Sent: Friday, December 11, 2015 3:40 PM To: Ingvalson, Drew<DlnevalsonCdci.chanhassen.mn.us> Subject: FW: City of Chanhassen Agency Review Request for 825 Flying Cloud Drive - Golf Zone Request to allow Paintball Mr. Ingvalson, Good afternoon. I left a voice mess• for you and I wanted to follow-up by email as well. I received the attached agency review request form concerning an amendment to Interim Use Permit to allow paintball at 825 Flying Cloud Drive (Golf Zone). I would like to request any plans that you may have for this land development proposal. If you have more detailed information for this proposal, would you please provide them to me? V/r, Leslie Leslie Parris NR Specialist MN-DNR Division of Ecological & Water Resources 1200 Warner Road St. Paul, MN 55106 Ieslie.oarrisCalstate mn us From: Skancke, Jennie (DNR) Sent: Friday, December 11, 2015 8:49 AM To: Parris, Leslie (DNR) Cc: Mottl, Larissa (DNR); Harper, Liz (DNR); Meuwissen, Kim Subject: FW: City of Chanhassen Agency Review Request for 825 Flying Cloud Drive - Golf Zone Request to allow Paintball Jennie Skancke - Area Hydrologist (Scott, Dakota and Carver Counties) MnDNR 1 1200 Warner Road I St. Paul, MN 55106 1 T: 651-259-5790 1 Jennie.Skanckeastate.mn.us From: Meuwissen, Kim[mailto:kmeuwissen(cbci.chanhassen.mn.usl Sent: Thursday, December 10, 2015 10:46 AM To: 'Kate Miner'; Skancke, Jennie (DNR); 'naiadconsulting@gmail.com'; 'gerry_shimek@fws.gov' Cc: Ingvalson, Drew; Mohn, Jerry; Fauske, Alyson; Littfin, Mark; Sinclair, Jill; Hoffman, Todd; Jeffery, Terry; Kittelson, Eric; Generous, Bob; Potter, Jenny Subject: City of Chanhassen Agency Review Request for 825 Flying Cloud Drive - Golf Zone Request to allow Paintball Development Plan Review Agencies: Please review the attached request and respond with your comments (if any) no later than Thursday, December 24, 2015 to: Drew Ingvalson, Planner City of Chanhassen PO Box 147 Chanhassen, MN 55317 952-227-1132 dingvalsonCcDci.chanhassen.mn us Replies to this email will be automatically copied to Drew. You can view the project web page that includes a link to the project documents at http://www.ci.chanhassen.mn.us/2016-01. Thankyou! Kim Meuwissen Sr. CommunicadonslAdministradve Support Specialist 952-227-1107 kmeuwisseni7a ci chanhassen mn us CITY OF CHANHASSEN 7700 MARKET BOULEVARD PO BOX 147 CHANHASSEN, MN 55317 ®PHILADELPHIA INSURANCE COMPANIES One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 PAINTBALL FIELD OPERATOR SAFETY GUIDELINES Field Operation: Strict control must be exercised over all areas including: a. Field Entrance b. Parking Areas c. Staging Areas d. Sales and Services e. Spectator Areas f. Playing Fields 2. Personnel: All field staff must be fully and properly trained. Referees and fill station attendants must be sixteen (16) years of age or older. 3. Emergency Procedure: All field staff must be trained to properly respond in the event of an accident or emergency and instructed to respond immediately. Field staff must know the exact location of the field telephone, readily accessible first aid kit and incident report forms. Management must fill out and return an Incident Form immediately following all injuries. 4. Field Orientation: Prior to the first game, each player must undergo a formal orientation session including: a detailed explanation of the player safety rules — clearly specifying those rules which result in player ejection; game rules; the geographical diagram of the field; and emergency procedures. Referees are assigned to each group at this time. 5. Barrel Blocking Device Regulation: The mandatory use of industry -approved Barrel Blocking Devices (BBD) must be strictly enforced at all times in all non-playing areas of the field. Barrel plugs are no longer considered adequate protection due to differing barrel sizes and increased rates of fire. Operators must remain fully stocked to provide BBD's for all rental equipment and also for customers to buy if necessary. (Towels, socks, or stick squeegees are not considered a BBD!) 6. Safety Goggles: Mandatory goggle enforcement Is required in all areas where "Goggles On" signs are posted. Industry -approved full -face mask goggle systems must meet or exceed ASTM Guidelines which require: Full enclosure of the eye cavity using 06 lexan lenses secured within frames and to the head with a headband. The face and ear protector components must be attached securely to the goggle frame to present full coverage (no Gaps) to the bottom of the chin, along the jawbone, temples, and ears. Modifications are prohibited. Wash, disinfect, and inspect goggles regularly. Trigger Guards: Trigger guards are mandatory on all paintball markers used by participants at your facility. The trigger guard must be rigid, wider than the trigger area, and enclose the trigger area. 8. Safety Netting: Netting (12' required, 20' recommended) must be installed around play areas and must be maintained and checked regularly. Approved netting and/or 300 feet of open space must surround all areas of play. Carrier requires each operator to test the netting per ASTM guidelines: "Stand 15' from netting and shoot 10 shots in a 4" circle at 300 fps. No part of the paintball shell may pass through larger than 3 by 5mm rectangle." Bunkers must be a minimum of 20' from the netting and spectators must be kept 5' away from the netting at all times. Paintball Field Operator Safety Requirements Page 1 of 2 Ed. 06/2010 -�CANNE� 9. Chronouraphing Procedures: Maintain at least one (1) chronograph (preferably two) with a back- up battery at the field at all times. All paintball markers must be chronographed before players enter the field and before each new set of games. A chronograph referee must be available at all times to strictly enforce velocity guidelines. Velocities must be adjusted so that three (3) consecutive shots through the chronograph do not exceed: Paintball — 300 (FPS) Outdoor games and 250-275 (FPS) Indoor games Airsoft - 400 (FPS) Outdoor games and 300 (FPS) Indoor games & Close Quarter (.201313s) 350 (FPS) Outdoor games and 300 (FPS) Indoor games & Close Quarter (.251313s) Maximum Velocity allowed for Snipers is 500 FPS with no shots closer than 100 feet to Opponent Underwriting approvals is required for Sniper velocities that exceed 400 FPS Any Sniper Weapons MUST NOT have the ability to fire FULL AUTO 10. Field Maintenance: Boundaries of all outdoor playing fields must be clearly and continuously marked with rope, tape, or other highly visible material. The field must be inspected frequently for natural or man-made hazards. Paintball markers must be cleaned and inspected weekly. A designated staff member must inspect the chronograph, first aid kit, mobile telephone, scale, fill station, CO2 cylinders, and all field equipment (including safety signs) daily. 11. Player Safety Rules: Each player/participant must read the player safety rules prior to signing the waiver of liability. The player safety rules must be posted at the field entrance and counter/sales office. Mandatory ejection (without warning!) of any player that knowingly violates the required safety rules is required — especially mask violations! 12. Paintball Markers: Automatic Markers that are in a mode of self loading and shooting at a rate faster than one round per manual activation of the trigger's cycle are allowed by UNDERWRITER APPROVAL ONLY. An additional premium may apply for coverage for activities involving ramping/multiple round burst modes. A semi -automatic marker does qualify for the program without approval if it is gravity fed or tractor fed at a rate of no more than fifteen (15) balls per second. In addition, off -premise marker rental is prohibited in this program. 13. Safety Signs: "Goggles on" signs must be posted at every entrance to activate play areas. "Barrel Blocking Device" signs must be posted at every exit of active play areas "Caution! Paintball Game Area" signs must be posted at any location where the operators/field manager might expect unauthorized direct access to the active playing field. 14. Fill -Stations: Only trained personnel are allowed to perform tank fills. Allowing players to fill their own tanks is prohibited. Only exception might be employed -supervised multi0fill air stations and tank have already been checked that day. CO2 cylinders must be chained in an upright position. An on -site scale is required to prevent overfills. Paintball Field Operator Safety Guidelines Page 2 of 2 Ed. 06/2010 0 2010 Philadelphia Insurance Companies 64. Outdoor parking of semi -tractor trailers. 65. Outdoor storage within the industrial districts shall be an allowed accessory use under the following conditions: a. The outdoor storage area occupies space other than a required front yard setback. b. The outdoor storage area shall be fenced, screened and/or landscaped according to a plan in compliance with Chapter 4 of this Ordinance and subject to the approval of the Planning Department. c. Subject to the approval of the Planning Department, the outdoor storage area is surfaced with crushed rock, crushed concrete, Class V, asphalt, or concrete paving or other similar materials approved by the County Planning Department to control surface dust. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 4 of this Ordinance. e. The outdoor storage area shall not encroach upon required parking space or required loading space as required by this Ordinance. f. The outdoor storage area shall not encroach into the required rear yard or side yard setback area if abutting a rural residential, residential suburban or urban expansion district. 66. Paintball Ranges — A field or property on which players use compressed -gas powered guns to fire pellets containing paint "paintballs° at opposing players. Paintball ranges usually consist of several fields of play within a single complex or property. The fields generally have staging and spectator areas separated from the playing field by netting or other physical barriers. a. The minimum lot size for each outdoor paintball range shall be 10 acres. b. A minimum 20-foot buffer zone between the property line of the outdoor paintball range and the playing, staging, and spectator areas shall be maintained. c. A minimum 12-foot high, nylon mesh screen or other barrier shall be installed to separate the playing areas from the 20 foot buffer zone. This screen shall be anchored at the bottom and secure by a non -stretchable cable at the top and bottom. If a nylon mesh screen is not incorporated into fencing, a 200- Scott County Zoning Ordinance Chapter 16 Uses foot buffer zone between the property lines and the playing areas shall be maintained unless other agreements exist with adjacent landowners. d. No outdoor lighting shall be allowed other than for building access, parking area, driveway and signage. Nighttime use of a paintball range may be permitted if in the opinion of the Planning Advisory Commission such use will not be disruptive to the surrounding area. In these cases, playing, staging, and spectator areas will be required to be lighted per Chapter 4 of this Ordinance. Only non -toxic paintballs shall be used at the paintball facility. f. A description on the procedures for storage, maintenance and use of CO2 and other compressed air fuel stations. No long-term outside storage of CO2 and other compressed air fuel equipment shall be allowed. g. The outdoor paintball range operator shall carry field liability insurance and a copy of the insurance shall be filed with the Planning Department. Any vehicles brought onto the range for use as props shall require prior approval by the Planning Department and the applicant shall submit a surety, at a type and amount determined by the Planning Department, to insure the vehicles are removed when the conditional use permit expires or terminates. Off-street parking shall be provided per the requirements of Chapter 5 of this Ordinance. 67. Park & Ride Facility - A surfaced parking area utilized as a congregating location where persons can leave their personal vehicle while participating in a private or public "car-pool' or other mass transit operation. 68. Play & Recreational Facilities — Only accessory to an existing principal permitted use on the same lot and that are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted. 69. Portable concrete and asphalt mixing plants within a permitted mining operation, as regulated by Chapter 10 of this Ordinance. 70. Private Airport or Heliport - Any land or structure which is used or intended for use, for the landing and take -off of aircraft, and for appurtenant land or structures used or intended for use for port buildings or other port structures. 71. Private Campground — Overnight primitive, independent and dependent camping activities. Scott County Zoning Ordinance Chapter 16 Uses .0 r as�m S �r r�r bi c« SCANNED CITY OF CHANHASSEN �.� � CARVER AND HENNEPIN COUNTIES, MINNESOTA �e8 M " ORDINANCE NO. J�*� AN ORDINANCE AMENDING CHAPTER 11, MISCELLANEOUS PROVISIONS AND OFFENSES AND CHAPTER 20, ZONING CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 11-2 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to add subsection 8 to read as follows: (8) By any person at a city -approved paintball course and consistent with city ordinances and state and federal gun laws and regulations. Section 2. Section 20-263.5 of the City Code, City of Chanhassen, Minnesota, is hereby added to read as follows: Sec. 20-263.5 Paintball Courses. The following conditions will apply to paintball courses: (1) Guests must wear protective gear (consistent with American Societyfor Testing and Materials Standards). (2) Varn's�use barrel plugs off the playing field. l� (3) Velocity of paintball gun projectiles cannot exceed 285 feet per second. (egg I'ql; (4) A chronograph must be on site to measure projectile velocity. (5) The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. (6) Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. (7) The facility is responsible for clean-up of any accumulation of materials on the site. (8) A minimum parcel size of 50 acres is required for the operation of a paintball course. (9) The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential 1h`10) dwelling. {�S The paintball course boundaries must be physically designated with signage or boundary markers. (11) The paintball course or field must be screened from neighboring homes. (12) Alcohol use or consumption is prohibited on the paintball course. (13) The hours ofoperation are limited to daylight hours. (14) Retail sales and rental is limited to paintball related material and equipment and may not occupy more than 20 percent of thefloor display area. ,&tc,S &ve-kl b/ A5 I A .4 v4W it-t Wct v n J _ . SCANNED Section 3. Section 20-576 of the City Code, City of Chanhassen, Minnesota, is hereby amended to add subsection 10 to read as follows: (10) Paintball Courses. Section 4. This ordinance shall be effective immediately after its passage and publication PASSED AND ADOPTED this 250' day of January, 2016 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Denny Laufenburger, Mayor (Published in the Chanhassen Villager on ) Chanhassen Planning Co• ission — January 5, 2016 I Aller: Pretty straight forward. Great report again Bob. So with that I'll entertain a motion. Undestad: I'll make a motion that the Chanhassen Planning Commission recommends the City Council approve a conditional use permit to operate an adult daycare in the industrial office building located at 18976 Lake Drive East subject to the conditions of approval and adopts the Findings of Fact and Recommendations. Aller: I have a motion. Do I have a second? Yusuf. Second. Aller: Having a motion by Commissioner Undestad and a second by Commissioner Yusuf, any further discussion? Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends the City Council approve a conditional use permit to operate an adult daycare in the industrial office building located at 18976 Lake Drive East subject to the following conditions and adopts the Findings of Fact and Recommendations: 1. Building permit(s) are required for building code changes and a fire permit for the proposed adult daycare. 2. The center shall obtain applicable state, county and city licenses. 3. The center shall submit average annual test results for radon gas and shall comply with all applicable state and federal requirements pertaining to test and requiring mitigation techniques. 4. The center shall conduct tests of existing noise conditions and submit test results to the city for review. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: GOLF ZONE, PLANNING CASE 2016-01: REOUEST FOR ZONING ORDINANCE _AMENDMENT TO PERMIT PAINTBALL IN THE AGRICULTURAL ESTATE (A2) DISTRICT; INTERIM USE PERMIT TO ALLOW PAINTBALL; AND VARIANCE FOR NEW SIGNAGE ON PROPERTY LOCATED AT 825 FLYING CLOUD DRIVE. Ingvalson: Good evening Chairman and Planning Commission members. So this item is, like you said for the Golf Zone. Planning Case 2016-01 and the Golf Zone is seeking an ordinance amendment to conditional use permit, interim use permit site plan amendment and a sign � � 4 gCptdE. Chanhassen Planning Co • sion — January 5, 2016 • J variance. We're going to have the public hearing tonight, January 5, 2016 and will go to the City Council January 25, 2016. The applicant/owner is Jeff Helstrom. So the location of the site is at the southern intersection of Great Plains Boulevard and Flying Cloud Drive or Minnesota 101 and County Road 61. The site is mostly surrounded by Minnesota DNR land, the wildlife management area is also north of the Minnesota River. Adjacent to and across County Road 61 is the Seminary Fen. If you look at the image over to the right it shows the site a little bit zoomed in. The green area shows the wetland preserve area and the open area is the area that's outside of that wetland and there is a flood plain that continues right next to the building that you'll see on a later image. Here's an image of the building from the north. This is from the parking lot. This is the entrance into the Golf Zone. Here's an image from the south. As you can see here are the stalls for the driving range. And there's a lot of background on this item. It's come to City Council and the City 3 different times. The first was in July, 1998. At this point it came to the City for a site plan and then also for a golf improvement center. It also came for a conditional use permit for alteration of the flood plain. If you look on the image to the right the flood plain is this dotted line. And the work that was completed was within this area for the driving range. There's also an interim use permit for the golf and driving range in the A2. This interim use permit expires in the year 2020. At this time it also came for a wetland alteration permit. A variance to allow a 986 square foot office/clubhouse and it was denied a variance request for extended hours of operation. In September of 1999 it also came to the City again for, and was given an amendment to city code to allow a golf course driving ranges with permanent plumbing facilities to be eligible for a liquor license. At that time the City approved a 3.2 malt liquor license and also approved an amendment to the site plan to allow for an expansion of a second story to the driving bunkers for the golf course. And the most recent time it carve to the City was in 2006. This time the City granted an amendment to the site plan to allow an 11,100 square foot addition to the principle structure. If you look at the image over here the principle structure is in blue and the golf driving ranges are in pink. Again here is the dotted line that shows the 100 year flood plain limits so you can see it's right next to the building. And then at this time they also approved a variance for the size of the building and then another variance to use steel paneling as a primary exterior structure. So the request tonight we have are 3 different ones. The first one is for an amendment to city code Chapters 11 and 20 to allow paintball courses as an interim use in the A2 district. Currently city code defines paintball guns as a firearm and they are not permitted in any districts within the city. Second request is for an amendment to the conditional use permit interim use permit site plan to allow a recreation area, upgrades to a patio and a paintball course. The last request is for a sign variance to allow 2 monument signs that exceed the number of signs, maximum display area and maximum height allowed in the A2 district. So the first request is to amend city ordinance to allow paintball guns. For those of you that don't know paintball guns, as you can see look similar to this one in the Woods Field image and they use expanding gas or CO2 or compressed air to shoot projectiles of paint that are in a hard state when shot but when hit at a fast enough level break on impact. They typically are a team game but can also be done individually. The objectives vary from either being capturing an item or elimination of opponents or protection of an item and after researching paintball courses in the area there are very few within the west metro area. The nearest ones are within Scott County. There's one outside of Jordan and also one outside of 0. Chanhassen Planning Commission — January 5, 2016 • Lakeville. Outside of that they're fairly far away. In Wisconsin or in also outside of Buffalo, Minnesota. Looking at a lot of these different paintball courses, a lot of them are more rural in nature. Especially the outdoor ones are found in rural areas and the type of fields that I have down here is 2 different examples. One is a woods field. These primarily use nature as sort of their barriers between people and then also the one to the right is a speed field which are smaller and this one uses actually plastic items that are inflatable as blockers. The next slide we have here is looking at paintball course standards. So when looking at these we had a lot of different areas that really were important to consider when having a paintball course within the city. First area that we looked at was safety which is very important. Some items that we had that we put in for standards would be having protective gear for people playing paintball. Also using plugs on barrels so that there are, so an errant gun can go off. Also limiting the velocity to 285 feet per second. That is sort of the standard that we found in other areas and also in different areas within the state. And also requiring a chronograph to measure the projectile velocity and requiring a minimum operating standards for the business. Making sure that they have standards for their staff requirements and also having briefings and equipment and use trainings. For safety we also had a standard that would be to mark boundaries of the paintball course so those are clearly defined on the site. And then also prohibiting alcohol consumption on the paintball course. Next item we looked at was adjacent property protection. This was to insure that properties were not affected negatively by this new use. The first item we had on there was to have non -toxic, non - caustic, water soluble and biodegradable paintballs so that they would waste away after the use from rain. Rain after the use on the site. Also an important part of this was to establish a standard for the size of the site. Staff is looking at having this be allowed only within the A2 district and also on sites that are, only on sites that are over 50 acres in size. The image to the right shows the properties that would be over 50 acres in size and they're within the A2 district. Looking on here a lot of those sites are publicly owned such as the Minnesota Landscape Arboretum. Then also Minnesota DNR land around the subject site. However there are other sites to the north that are privately owned. Also setback requirements were put into the standards of 300 feet from property lines and 500 feet from residential homes. Screening from their residential sites and then finally we had operation standards. Operation standards we had were to limit the use to daylight hours and then also to limit retail sales and rental to paintball related items and 20 percent of the floor area. For the code amendment, to allow paintballs as an interim use in the A2 the City will need to amend Section 11-2 Firearms and this would to exempt paintball guns on city approved sites from the restriction of them as a firearm. Next would be to add Section 20-263.5 that would have standards for a paintball course within the city. This would be in the conditional use permit standards for agricultural and residential districts. And then lastly add paintball courses to Section 20-576 within the agricultural estate district for interim uses. Staff after researching this for a code amendment realized that this will allow an opportunity for businesses to use a site that currently doesn't receive city services and will also allow them to use that flexible space but will limit in the future and set a sunset date for them as development comes closer with those areas such as for this site the sunset date for the interim use permit is 2020 and this would stay with that. Moving to the specific site for having an interim use permit for paintball. The applicant has proposed a couple different things for the site. First of all a new recreation area which will be located northwest of the existing building. Then also rol Chanhassen Planning Commission — January 5, 2016 • an upgrade to the patio area which is directly north of the building and then a paintball course which can be seen on the image to the right which is in red. To the left you'll see an example of sort of what this might look like. The applicant has stated that they will be only using organic materials that will, that are not a structure. That are temporary structures. Here's an example of they'll be using a hayfield for different bunkers for the paintball course. Here's some images that show the existing site. The existing patio is north of the building. Here is where the temporary structures would be placed for this patio, specifically chairs and tables for guests of the site. To the bottom we have the area that would be for the new recreation area. The applicant has proposed having volleyball, sand volleyball courts and then horseshoe pits. And here we have 2 different images that show the area that will be the paintball course. Here's a more open area that could be, that will be used for a paintball course. To the bottom is an area that could use trees as bunkers for this pamtball course. This is pictures taken within the red area. So with this site there are some items that are currently not in compliance with city code and with the existing site plan, conditional use permit and interim use permit. First one we have is the signage that is on the site exceeds the maximum number of signs for the site, sign display area and site height within the A2 district. The next item we have that was found upon inspection of the site was that the driving range nets are currently down on the site. The original and existing site plan for the site had nets up for it. Staff contacted the DNR to gain input on what they had regarding these nets. Their recommendation was that the site should meet the existing conditional use permit and should have the nets up. Other areas of non-compliance include the parking lot. The parking lot is currently non -compliant with the conditional use permit, interim use permit's site plan. The site plan had their requirement to have 3 islands or peninsulas on the site that were landscaped with 6 overstory trees. Currently there are 2 islands that you can see, none of which have overstory trees. However staff after reviewing this the expiration date for the interim use permit is 2020 so at this time staff will not be moving forward with obtaining compliance with this for the parking lot. Next soil samples have not been submitted in recent years. Part of their condition of approval was to have submitting soil samples prior to chemicals being applied to the site. However they have not been submitted recently but after speaking with the applicant they have not been using chemicals on the site so a simple letter stating that they have not been using chemicals and are not using them will suffice to fill this requirement. And lastly there is outdoor storage on the site that is not compliant with city code Section 20-909. So all these non -compliances will have to be met or achieved either through a letter or some of them will not be done but they'll need to be completed to move forward with the amendment. The last item we had was for the sign variance. So there's a sign variance request for signage in the A2 district that exceeds the number of signs. There's only allowed one sign on A2 properties. This applicant has moved forward with having 2 different signs on the property. One located at the entrance. Here's County Road 61. At the entrance of the site and then another sign located on the northeast corner of the site. They also will be seeking a variance from the maximum sign display area. The maximum display area in the A2 district is 24 square feet. However these signs greatly exceed that. The sign at the entrance will be 120 square feet and the sign at the northeast corner will be 96 square feet exceeding the maximum square footage by 5 times and 4 times the size. The maximum height for the signage, city code permits 5 feet as a maximum for signage in the A2 district. These greatly exceed that 7 Chanhassen Planning Commission — January 5, 2016 • at 15 feet and 12 feet and currently the signage is non -compliant in these areas and also is non- compliant with having the multiple signs due to the angle of the sign exceeding 45 degrees. So here's a rendering of what the signs will look like down at the entrance of the site. This was an image put is not to scale but gives an approximation of what it will look like coming at the Flying Cloud intersection onto the site. Here is an image of what the second site on the northeast corner will look like going east on County Road 61. Flying Cloud. So the character to the neighborhood. There haven't been any variances granted within 500 feet of the property upon research within the area. However there might be some non-compliance within the area due to legal non -conformities of properties being there prior to the city having ordinances. I believe there's a sign across the street that is non -compliant that was there prior to city ordinance. Also after looking at the site staff feels that the site currently has adequate signage and that can be achieved by having a sign located at the entrance to the property at the intersection of Great Plains Boulevard and Flying Cloud Drive. That will give the site reasonable amount of exposure to coming traffic and give that advertising for the site. Also there are not any topographical features that are really limiting the site or any other hardships. The sign greatly exceeds the maximum requirement within the A2 district and all those areas and actually exceeds requirements for anywhere in the city for any sort of sign to be allowed in any district. There is, if this was approved it would really create an inequitable distribution of signage within the area as this would be greatly, the signs would greatly exceed any signage in the area along Flying Cloud Drive or in the southern portion of the city. The approval of this would also diminish the civic beauty of this area and this gateway into Chanhassen and could create a situation with colored signage where this could set a precedence for other properties to come forward and request a variance and could really create a proliferation of signs within the area. So after review staff recommends that the Planning Commission recommends that City Council approve amendments to City Code Chapters 11 and Chapter 20 to allow paintball courses as an exempt firearm use and as an interim use in the Agricultural Estate district and amend Conditional Use Permit 1998-02, Interim Use Permit 1998-02 and Site Plan Review 1998-08 to allow an outdoor recreation area, upgrades to an existing patio area and the paintball course with conditions at 825 Flying Cloud Drive and adopts the attached Findings of Fact and Recommendation. With that staff also recommends that the Planning Commission recommends denial of a variance request to allow 2 signs that exceed the number of signs allowed, display area maximum and height maximum for signage in the Agricultural Estate district at 825 Flying Cloud Drive and adopts the attached Findings of Fact. With that I finish the staffs presentation on the site and I open it up to any questions that you might have regarding these items. Aller: So if we approve the request it's still classified for all intensive purposes as a firearm. Ingvalson: Correct. Aller: It's just allowed under the code that it be used within city limits. Ingvalson: Correct. We'd be giving an exemption to paintballs on city approved sites as long as they meet Minnesota standards also. Chanhassen Planning Com• sion — January 5, 2016 • Aller: And those Minnesota standards. Ingvalson: Yep. Aller: That was going to be my second question. If the State changes or modifies it's licensing requirements or it's requirements regarding firearms they will still have to comply with those like every other individual or business. Ingvalson: Correct. Aller: Any additional questions on the report? Madsen: I have a question. Aller: Commissioner Madsen. Madsen: There's a reference to paintball guns and there's also other guns called air soft guns. Would this allow air soft guns or only paintball guns? Ingvalson: Only for paintball guns. Madsen: Okay. And I did a little reading on this and I read somewhere that paintball guns can have reusable ammunition. Would this prohibit reusable ammunition? Ingvalson: I did not see any review of reusable ammunition. As far as I know the ones that I researched just break on impact so they'd be that type of paintball use. Madsen: Okay so only. Ingvalson: We had nothing exempting that in our report for reusable paintballs. Yeah. As Bob said it would probably be tough to make those be biodegradable but, because we do have to have them required to be biodegradable, non -toxic so they are removed from the site after it rains. Madsen: Okay, then that would take care of the eliminating the reusable. Ingvalson: Correct. Aller: In preparation for the report did you have the opportunity to talk to the sheriff's department or? Ingvalson: This review when to the sheriffs department and they did not come with any comments. Chanhassen Planning Commission — January 5, 2016 • Aller: And did you have the opportunity to talk to any other paintball locations that you had identified that are? Ingvalson: I did not. There was research conducted looking at what standards they had. Also looking at what was had for sort of their own requirements on site. None were contacted. Just looked at reviews that were found online. Aller: Okay. Undestad: Then all of this ties into the 2020? Ingvalson: Absolutely. So everything here would, this interim use would be connected to the golf course which expires in year 2020. Aanenson: If I can, if I may just add to that. So as we went through this process you know we just up -zoned a lot of the property down there. The 61 corridor and we don't know when we'll get all the funding for the 101 so this property could sit there for a while but we left the 2020. We think that's a pretty reasonable timeframe. Again it gives the property owner some additional use of the property and trying to fit in but the standards that we talked about that were given relief are the standards that we wouldn't allow if it was a permanent, more permanent structure such as steel siding, those sort of things we don't typically do but this gives them use of the property and if for some reason it's not there in 2020, you could incrementally, he could come back and ask for some more time if for some reason we're not down there yet. Aller: And then liquor licensing, will that be reviewed on a regular basis and does that terminate as well? Aanenson: Well it runs with that property so I'm assuming that if you're going to have the liquor license you'd have to have that building. Something would have to be operational there tied to that use. It'd be the same thing with the other golf for example the Halla Greens. Be similar to that sort of thing so they would have to have structure and meet those requirements. Aller: Additional questions? Yusuf: I have one. Aller: Commissioner Yusuf. Yusuf: Did the applicant have a chance to provide some alternate sign options? Ingvalson: No other ones were submitted. 10 Chanhassen Planning Commission — January 5, 2016 • Allen: Okay. Madsen: I do have one additional question. Aller: Commissioner Madsen. Madsen: The report talks about using the site's existing topography and vegetation and there was a mention of using hay bales for this site but the report mentioned that other paintball sites had used car hoods, spools, tires and other forms of items for bunkers. Would that be allowed here or would that not be allowed? Ingvalson: No, that would not be allowed. This went through all of our staff and our Water Resources Coordinator stated that specifically they could only be using organic materials within this area. None ones that are non, that are not permanent structures also so hay bales is what the applicant stated would be what they would use on the site and then also that, and then also that would also maybe use other things like logs and things like that. Things that would essentially would float away because this is within the flood plain so to float away wouldn't have any harm to any water in the area. Madsen: Okay, thank you. Aller: The testing that was required on the property, will there be testing in the future after the paintball or paintballs are dropped and degrading on the property? Ingvalson: So if they are non -caustic, all the fence, all the requirement there wouldn't be any testing along with that unless there are chemicals put onto the site. Currently we have something where if they, the applicant is putting chemicals on the site for the golf ball, golf ball area, for the field area, that would be need to come to show and prove that there's a reason to have those chemicals on there. There won't be any testing as part of with the paintballs because they will be non -caustic. Aanenson: If I may Mr. Chair I'd like to also add, all conditional uses are inspected like every other year. That's something on Drew's to do list so those are, those are made so whether or not it's for the fertilizer, there's still an inspection out there and it's also complaint driven if there's concerns but, so we would go out and visit or he would and make sure that they are following conditions so if there's any other potentially noise complaints or something like that, then we would follow up and work with the applicant to make sure they're in compliance. Aller: And it may very well be that the applicant doesn't know or isn't aware of for instance me coming onto the property and using improper paintballs which might be caustic and causing damage to the community. I just want to make sure that we're monitoring that. Chanhassen Planning Commission — January 5, 2016 • Ingvalson: There's also a condition that states that any materials left on the site would be put on the onerous of the property owner to clean. Aller: Alright. Would the applicant like to come forward and make a presentation? Jeff Helstrom: Sure. Aller: If you can state your name and address for the record sir that would be great. Jeff Helstrom: Jeff Helstrom, Golf Zone. Aller: Welcome. Jeff Helstrom: 825 Flying Cloud Drive. Happy New Year. Aller: Tell us about your project. Jeff Helstrom: I do have a spec sheet on the paintballs so I can pass that around. They are non- toxic which is important. Kate kind of spelled it out pretty well. We're looking for a way to stay in business. Do you have that sheet that kind of, the site plan that shows what we're doing. How many have been to the Golf Zone? So 3 out of 4, not too bad. If you look at the site plan we used to have an outdoor mini putt course on top of the, like next to Flying Cloud Drive so it was between Flying Cloud Drive and our parking lot and when the new road came in they tore that out and now after having a meeting with Kate we realized that there is no use for that land anymore. Sewer and water coming in so, and we're trying to find a way to stay in business and paintball really for the site that we have seemed really to make some sense. There's only a couple other sites around. It's very popular and it allows us to keep going for 5, 6, 7 years, whatever that is and then once sewer and water comes in there's no permanent structure or anything like that that we have to take out. The, you know the improvements we're going to make in front of the club house is basically to have, have it be more like an event center so you can come down. We have all the indoor seating inside where the mini putt is and then we'd have volleyball courts. You could do some small weddings, things like that down there because we just don't have, we don't have the parking anymore. We don't have the outside putting course so we can't rebuild that so we just need to figure out some you know reasonably inexpensive ways to keep going because we want to stay in business obviously. Worked hard at you know providing a really nice spot and a nice business for your community. We have people that come from Duluth to hit balls down there and we bring a lot of business, we bring 100,000 golfers down there in a winter but it's been a struggle in the summer. You know we're trying to compete with Halla Greens and it's just, it's not easy to do so this is just a way for us to retool and we already have the facility there. We have great employees. It's basically all set up for it. We just need to, like you said use some biodegradable hay bales, you know wood, things like that in back to create a little course and we're on our way so it's not a huge undertaking for us so. I-K Chanhassen Planning Commission — January 5, 2016 • Aller: And then Drew had outlined some of the deficiencies in the present CUP requirements and those are going to be taken care of. You don't have any questions or problems about that? Jeff Helstrom: Yeah. So we don't, we're not using the chemicals because we don't have the course anymore so that was the soil sample deal. I know that pile of junk looks bad but it's way back in the weeds that we've just kind of over time there's been stuff that we piled up that obviously that's going to be our paintball course so that will all be gone. The sign, well they ripped out everything so they took out our sign and then I wasn't going to spend a bunch of money on it because I knew I had to get a new sign but I just needed it up so people knew we were still there so that's why it wasn't in compliance. We just basically put it in the ground and just so people know we were there but obviously the new signage would be entirely different. As far as the new signage goes, you know we've got that little plywood, it's basically the size of a piece of plywood and I understand that the city has, and like you had said we haven't had, this is the only shout we've had at it. We basically had a sign company put this together and this is what you're looking at so we haven't had another go around. It doesn't necessarily have to look like this but you know driving around Chanhassen I see the other businesses that have a pylon sign. You know the Target sign is obviously a lot bigger than a piece of plywood and then CVS has signage all over their building, which I don't have because I'm set so far back. You wouldn't even see it so I need an opportunity to pull those people in from that new roundabout to see what we've got going on there and I just can't do that with building signage so it sounded like you know, you know maybe you can work with me on that somehow. I mean it doesn't have to be exactly what it is here but I need people to know I'm there and they can't, from the roundabout you can't even see my building. I mean there's woods in front of me and I need an opportunity to pull those people in and get some more business so do you have any questions? Aller: Not right now. Commissioners. Yusuf. Not a major question but is the name changing from Golf Zone to just the zone? Jeff Helstrom: Well we're working on that. That's a possibility just because we're adding the paintball. Yusuf. Of course. Jeff Helstrom: So it could beThe Zone. It could be something else. It's a work in progress. Aller: Okay. Yusuf: Can I make another comment? Aller: Absolutely. 13 0. Chanhassen Planning Commission — January 5, 2016 • Yusuf: I do agree with your concerns about the signage just because I know the first couple times I went there I drove right past it and had to turn around to get back in there so I do think it's kind of hidden back there and I think staff would welcome the opportunity to work with you to kind of find a working solution. Aanenson: Yeah I think how we visited that, you're in an agricultural district down there and the signs that you mentioned are, we require architectural compatibility so while Target has a big sign there's also 3 users on that. It was put together as a PUD. Same with CVS which is on the building so trying to find, strike that balance between now and planning, I mean City Council that's something that we could take a look at. Try to find you know again some architectural compatibility. The right size. Maybe a directional sign. Those sort of things that we can work with the applicant on. Jeff Helstrom: That would be great. I just, I'm a little bit limited because I can't go and spend $20,000 on signs that are going to be ripped down in 5 years either. Aanenson: Understood but I think if you look at the architectural detail on this, I know you're trying to include it to be fun. That sort of thing and then you look at the scale there's nothing down there along that corridor that's quite this size and I want to say kind of loud and bright so we just are trying to figure out how we can work that into what we consider kind of that unique area. You've got the Seminary Fen across the street so we're just trying to find that right balance and I think we can do that. Jeff Helstrom: Okay because I'm across the street from a trailer park and I've got the junk yard down the road and trying, I don't think I'd have to do too much to class up that part of town. I mean I think I've worked hard to really provide a nice property that's well maintained and you've never had any issues with me not doing everything I can to make that property look great. Aanenson: Yep, I think the garden center across the street is tasteful. Jeff Helstrom: And I can definitely work with you. Aanenson: Yeah, they've got a non -conforming sign but their sign's pretty tasteful. The garden center. Jeff Helstrom: Yeah, oh the garden center's fine. I was just. Aanenson: Yeah, yeah. I mean we can find plenty of examples... Jeff Helstrom: Okay. Aller: Comments, questions? Alright, thank you sir. 14 Chanhassen Planning Co • sion — January 5, 2016 • JeffHelstrom: You're welcome. Aller: At this time I'll open up the public hearing portion of the item so any individual wishing to do can come forward and speak either for or against the item before us. Seeing no one come forward I will close the public hearing and open it up for comments and questions and inquiry on as we're sitting as a Board of Appeals and Adjustments on that variance so that we would need to deny it in order for it to move forward? Aanenson: Right. Right. What I would recommend is you take action on the first items that are in front of you now and then take the variance separately and you could recommend denial but you could also say that you would like the applicant, for that specific application to work with staff when it goes to City Council that we can maybe find an alternative. Aller: Which is that, that's my intent is to make sure that we continue to work together and take the appropriate process so. Okay, comment, question or entertain motions. Undestad: I'll go with the motion here. Aller: Commissioner Undestad. Undestad: So we'll do the Chanhassen Planning Commission recommends the City Council approve amendments to city code Chapter 11 and Chapter 20 to allow paintball courses as an exempt firearm use and as an interim use in the Agricultural Estate district, A2 and amend Conditional Use Permit 1998-02, Interim Use Permit 1998-02 site plan review, and 1998-08 to allow an outdoor recreation area, upgrades to an existing patio area and paintball course with conditions at 825 Flying Cloud Drive and adopt the attached Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Madsen: Second. Alley: Having a motion by Commissioner Undestad and a second by Commissioner Madsen, any further discussion? Yusuf: Do you want to add the recommendation that the applicant work with staff? Aller: That will be the second. Yusuf: Oh separate motion, okay. Aller: Yeah. So hearing no further discussion. 15 Chanhassen Planning Commission — January 5, 2016 • Undestad moved, Madsen seconded that the Chanhassen Planning Commission recommends that City Council approve amendments to City Code Chapter 11 and Chapter 20 to allow paintball courses as an exempt firearm use and as an Interim Use in the Agricultural Estate District (A-2), and amend Conditional Use Permit #1998-02/Interim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and a paintball course at 825 Flying Cloud Drive, with the following conditions, and adopts the attached Findings of Fact and Recommendation: 1. Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Society for Testing and Materials Standards). 2. Guests must use barrel plugs off the playing field. 3. Velocity of paintball gun projectiles cannot exceed 285 feet per second. 4. A chronograph must be on site to measure projectile velocity. 5. The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. 6. Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. 7. The facility is responsible for the clean-up of any accumulation of materials on the site. 8. A minimum parcel size of 50 acres is required for the operation of a paintball course. 9. The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. 10. The paintball course boundaries must be physically designated with signage or boundary markers. 11. The paintball course must be completely screened from neighboring homes. 12. Alcohol use or consumption is prohibited on the paintball course. 13. The hours of operation are limited to daylight hours. 16 Chanhassen Planning Com•sion — January 5, 2016 • 14. Retail sales and rental is limited to paintball-related material and equipment and may not occupy more than 20 percent of the floor display area of the existing building. 15. Structures, fill, or storage of materials or equipment are not permitted on the paintball site. 16. Approval shall expire on November 1, 2020, unless extended in the future. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: That motion carries unanimously and then we'll move onto the second portion dealing with the variance. So Commissioner would you like to make that motion? Yusuf: I thought for a second it was already on the screen. I would love to make that motion. The Chanhassen Planning Commission recommends that the applicant work with staff to identify workable solution to address the signage request. Aanenson: Technically we need, we have the motion in front of you is, you have to recommend approval or denial so you could say we recommend denial as stated here but you would encourage that the applicant work with the staff to present a modified version before it goes to City Council because that's where it's going to go because he would appeal it anyways so. Yusuf: Okay. Aanenson: Did that make sense? Yusuf Should I try again? Aanenson: Sure. Yusuf The Chanhassen Planning Commission recommends denial of the variance as stated in the packet and encourages the applicant to work with staff to identify a workable solution for the signs. Aller: Okay, having a motion to deny the variance to allow 2 signs that exceed the number of signs and allow him to display the maximum height, maximum for signage in the agricultural estate district A2 at 825 Flying Cloud Drive with the recommendation. Do I have a second? Madsen: Second. 17 Chanhassen Planning Commission — January 5, 2016 • Aller: Having a motion by Commissioner Yusuf, a second by Commissioner Madsen, any further discussion? Yusuf moved, Madsen seconded that the Chanhassen Planning Commission recommends denial of a variance request to allow two signs that exceed the number of signs allowed, display area maximum, and height maximum for signage in the Agricultural Estate District (A-2) at 825 Flying Cloud Drive, encourages the applicant to work with staff to identify a workable solution for the signs, and adopts the attached Findings of Fact and Recommendation. Aller: So the motion is denied with the recommendation that staff and the applicant work together on the signage issue prior to this matter which will be again before the City Council on January 25, 2016. Also sir can we keep this? Jeff Helstmm: Sure, absolutely. Aller: So this should be attached to the package that goes to the council and that is a document entitled paintballs materials safety data sheet. APPROVAL OF MINUTES: Commissioner Undestad noted the verbatim and summary Minutes of the Planning Commission meeting dated December 1, 2015 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aanenson: Thank you. The last meeting of the year December 14'h the City Council did approve the other adult daycare that you recently saw for the Bethel Fellowship. As Mr. Generous indicated those are on our to do list for code amendments is to clean those up and so they service adult daycare and children so there obviously are some things that are, have commonality and some that don't so we'll get those straighten out. Also we had some conditional use permits that we talk about that you don't always see these and but that is something we do an annual inspection. Try to get through them all and those, the ones that have extinguished or no longer in the works we actually take those off and so they're no longer, someone in 10 years couldn't come back because it's still on there because they run with the property so we just try to clean those up so the council did see those. So some of them, excuse me, so the other one that we did do is also some amendments which you had seen and so those are going to be codified then. That's something again that we ongoing when we find, just like we talked about for the senior care. We need to constantly be looking at what's changing out in the marketplace to adjust our code for that. And finally you guys looked at the Gateway Medical and at the last minute the applicant withdrew that request, which was a very nice building which is, but he withdrew that application so we'll look for something else to go on that site so. And then if I may just future planning items. IV CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION CUPMJP/SITE PLAN IN RE: Application of Jeff Helstrom to amend Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area (for volleyball and horseshoes), upgrades to an existing patio, and a paintball course on property zoned Agricultural Estate (A-2) — Planning Case 2016-01, property address 825 Flying Cloud Drive. On January 5, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jeff Helstrom to amend Conditional Use Permit 1998- 02/Interim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area (for volleyball and horseshoes), upgrades to an existing patio, and a paintball course. The Planning Commission conducted a public hearing on the proposed amendment of Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided in the Land Use Plan for Office and Agriculture. 3. The legal description of the property is shown on the attached Exhibit A. 4. When approving an interim use permit the city must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-322 include the following six items: a) The use meets the standards of a conditional use permit set forth in section 20-232 of City Code. 1. Will not be detrimental to or endanger the public health, safety comfort, convenience or general welfare of the neighborhood of the city. Finding: The proposed paintball course and recreation activity area will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The paintball use shall be screened from the general public and will be setback from property lines and residential buildings to minimize negative impacts. The paintballs will be non -toxic, non -caustic, water-soluble and biodegradable to protect the natural resources of the area. The recreation area will SCANNED be appropriately setback from property lines and will not negatively impact the neighborhood of the city. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed paintball course and recreation activity area will be consistent with the objectives of the city's comprehensive plan and the zoning chapter and shall comply with the interim use permit requirements of Section 20-263.5 of City Code. A paintball course and a recreation activity area are appropriate interim uses on a property that is outside of the Metropolitan Urban Services Area (MUSA). The proposed paintball course and recreation activity area are both low intensity uses and will not require additional public services. The conditions of approval for the paintball course will protect the city's natural resources and ensure that clean-up of any materials deposited on the site will be the responsibility of the property owner. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed paintball course will be screened from property lines and appropriately setback to ensure the use will not change the essential character of the area. The recreation activity area will be appropriately setback from property lines to ensure that the use will not change the essential character of the area 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed paintball course and recreation activity area will not be hazardous or disturbing to existing or planned neighboring uses due to separation requirements and the expiration of the use. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The site is currently being used as a golf course driving range and is adequately serviced by on -site well and septic system. The site is also adequately serviced by Flying Cloud Drive, an arterial roadway. The addition of a paintball course and a recreation activity area will not require additional facilities or services. 6. 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 paintball course and recreation activity area will not require additional public facilities and services and will not be detrimental to the economic welfare of the community. The proposed paintball course and recreation activity area will provide additional recreation opportunities for patrons to the subject business. 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. Finding: The proposed paintball course and recreation activity area will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The business will use paintballs that are non -toxic, non -caustic, water-soluble and biodegradable and will be required to clean up any materials deposited on the site. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The subject proposal will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The site currently has a vehicular approach off of Flying Cloud Drive to the property that is regulated by a stop light. Flying Cloud Drive is classified as an arterial roadway and will be able to accommodate traffic generated by the subject property. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed paintball course and recreation activity area will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance since minimal site improvements are being proposed. 10. Will be aesthetically compatible with the area. Finding: Both the paintball course and recreation activity area will be aesthetically compatible with the area. The proposed paintball course will be screened and significantly setback from property lines and the recreation activity area will be appropriately setback from property lines. 11. Will not depreciate surrounding property values. Finding: The proposed paintball course and recreation activity area will not depreciate surrounding property values due to its compatibility with surrounding uses. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed paintball course will meet the standards prescribed for paintball course as provided in Section 20-263.5 of the Chanhassen City Code. The recreation activity area will only use temporary structures and is allowed by City Code. b) The use conforms to the zoning regulations. Finding: The proposed paintball course meet the standards outlined in Section 20-263.5 of Chanhassen City Code. The recreation activity area will only use temporary structures and is allowed by City Code. c) The use is allowed as an interim use in the zoning district. Finding: Paintball courses are an allowed interim use within the Agricultural Estate District (A-2). The recreation activity area will only use temporary structures and is allowed by City Code. The use shall expire in the year 2020 unless the interim use is extended beyond that year. d) The date of event that will terminate the use can be identified with certainty. Finding: The existing Interim Use Pemtit for the property will terminate in the year 2020. The proposed paintball course will also terminate at this time. e) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. Finding: The proposed paintball course and recreation activity area will not impose additional costs on the public if it is necessary for the public to take the property in the future since minimal site improvements are being proposed. f) The user agrees to any conditions that the city council deems appropriate for permission of the use. Finding: The applicant agrees to meet the standards of City Code for the paintball course as an interim use and the conditions of approval. 5. When approving a site plan the city must determine the capability of a proposed development with existing and proposed uses. The site plan standards use Section 20-110 and include the following 8 items: a) 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. Finding: The proposed recreation area, upgrades to an existing patio and paintball course are consistent with the elements and objectives of the city's development guidelines. The uses are appropriate interim uses on a property that is outside of the Metropolitan Urban Services Area (MUSA). These uses are low intensity and will not require additional public services or improvements. The conditions of approval for the paintball course, recreation area and patio upgrades will protect the city's natural resources and ensure that clean-up of any materials deposited on the site will be the responsibility of the property owner. The property will continue to utilize existing public roads and will not require any alteration from the existing official road mapping. 0 b) Is consistent with Chapter 20, Article II, Division 6 of the Chanhassen City Code. Finding: The proposed plan is consistent with Chapter 20, Article II, Division 6 of the Chanhassen City Code. c) 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. Finding: The proposal does not include plans for any soil or tree removal. The proposal only calls for bringing in sand for a sand volleyball court and horseshoe pit, both subject to City Code for grading. These alterations will keep with the general appearance of the neighboring developed or developing areas. d) 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. Finding: The site will retain its open space with natural features with the proposal. The paintball course will only have temporary structures (hay, logs, etc.) added to the now open area. The recreation activity area will add a volleyball court and horse shoe pit near the existing building, which will have a harmonious relationship. e) Creates a functional and harmonious design for structures and site features, with special attention to the following: 1. 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. Finding: The site appropriately uses the natural space south of the building for the paintball course. This keeps a buffer between the public right-of-way and parking lot and the paintball course. The proposal also locates the recreation area and patio area near the north side of the subject building. This creates an aesthetically pleasing, functional and harmonious entrance to the site. 2. The amount and location of open space and landscaping. Finding: The proposal will not add any permanent structures to the subject site. The site will continue to retain a significant amount of open space in the most environmentally sensitive portion of the site, which is within the flood plain. 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. Finding: The proposal does not call for the addition of any permanent structures to the site. 4. 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. Finding: The site has adequate vehicular and pedestrian circulation and will not require any additional circulation paths with the proposal. f) 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. Finding: The recreation activity area and patio are appropriately setback from all property lines. These setbacks will protect adjacent and neighboring properties from any negative externalities. The paintball course will be setback at least 300 feet from all property lines and 500 feet from any residential buildings. These setback requirements will adequately protect adjacent and neighboring properties from any negative externalities. g) Within the HC districts, consistency with the purpose, intent and standards of the HC districts. Finding: The subject site is not within the HC districts. h) Within the BCO district, meet the additional purpose, intent and standards of the BCO district. Finding: The subject site is not within the BCO district. 6. The planning report #2016 dated January 5, 2016, prepared by Drew Ingvalson, et al, is incorporated herein. The Chanhassen Planning Commission recommends that City Council approve an amendment to Conditional Use Permit #1998-02/lnterim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and paintball course at 825 Flying Cloud Drive, subject to the following conditions: 1. Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Society for Testing and Materials Standards). 2. Guests must use barrel plugs off the playing field. 3. Velocity of paintball gun projectiles cannot exceed 285 feet per second. 0 4. A chronograph must be on site to measure projectile velocity. 5. The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. 6. Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. 7. The facility is responsible for the clean-up of any accumulation of materials on the site. 8. A minimum parcel size of 50 acres is required for the operation of a paintball course. 9. The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. 10. The paintball course boundaries must be physically designated with signage or boundary markers. 11. The paintball course must be completely screened from neighboring homes. 12. Alcohol use or consumption is prohibited on the paintball course. 13. The hours of operation are limited to daylight hours. 14. Retail sales and rental is limited to paintball related material and equipment and may not occupy more than 20 percent of the floor display area of the existing building. 15. Structures, fill, or storage of materials or equipment are not permitted on the paintball site. 16. Approval shall expire on November 1, 2020, unless extended in the future. ADOPTED by the Chanhassen Planning Commission this 5`s day of January, 2016. CHANHASSEN PLANNING COMMISSION BY. Its Chairman W • 0 EXHIBIT A The East halfoftheSoutheast Quarter (E'/z ofSE'/<) ofSection 35, Township 116 North of Range 23 West, excepting therefrom one half ('/2) acre inthe Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres ofthe Northwest Quarter ofthe Southeast Quarter (N 26 A of NW '/< of SE'/) of Section 35, Township 116, Range 23, containing in all 10550 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing atapointin 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 ofthe Southeast Quarter ofsaid Section 35,thence West 50rods to the Quarterpost, thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated intheNorthwest Quarter ofthe Southeast Quarter ofSection 35,Township 116, Range 23 and containing 6 acres of landless the amount sold to the State ofMinnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highwaypurposes and described in that certain Warranty Deed dated January23,1924and filed forrecord in theoffrce ofthe RegisterofDeedsin and forCarver County, Minnesota onMarch 5,1924 at 11 o'clock A.M. and recorded therein inBook 33 of Deeds on page 5; also: Excepting therefromaparcelof land sold tothe State ofMinnesota forTnmkHighwaypurposes anddescribed 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 inBook 33 ofDeeds onpage6. 0 w • • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION VARIANCE Application of Jeff Helstrom for a variance from the number signs, maximum sign display area and maximum sign height allowed on property zoned Agricultural Estate (A-2) — Planning Case 2016-01, property address 825 Flying Cloud Drive. On January 5, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Jeff Helstrom for a variance to the number signs, maximum sign display area and maximum sign height. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A-2. 2. The property is guided in the Land Use Plan for Office and Agriculture. 3. The legal description of the property is shown in the attached Exhibit A. 4. Section 20-1253. Variances. The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article. The intent of limiting the number, display area and height of signage is to protect the civic beauty of the city from a landscape that is cluttered with signage. The subject site is currently allowed adequate signage for a business within the Agricultural Estate District (A-2). The topography of the site is not a hardship in locating a sign for advertisement of the site and there are no other conditions that serve as a significant hardship when considering signage on the site. The proposed sign request significantly exceeds the maximum display area and height for a monument sign in the A-2 District, and even exceeds the height and display area requirements for a property in any zoning district within the City. Approving this sign variance request would disrupt the spirit and intent of Article XXVI, Signs. The site currently has adequate signage for advertising and an increase in signage would create an inequitable distribution of advertisement within the area. County Road 61/Flying Cloud SCANNED Drive and State Highway 101 corridors are a gateway into the City of Chanhassen. A proliferation of signage that exceeds the display area, height and amount of signage that is allowed by city standards would greatly diminish the area's civic beauty by creating a corridor that is cluttered with signage. 5. The planning report #2016-01 dated January 5, 2016, prepared by Drew Ingvalson, et al, is incorporated herein. The Chanhassen Planning Commission recommends denial of a variance request to allow two signs that exceed the number of signs allowed, display area maximum, and height maximum for signage in the Agricultural Estate District (A-2) for property located at 825 Flying Cloud Drive. ADOPTED by the Chanhassen Planning Commission this 5 b day of January, 2016. CHANHASSEN PLANNING COMMISSION BY: Its Chairman r EXHIBIT A The East halfoftheSoutheast Quarter (E%: ofSE'/.) ofSection 35, Township 116 North of Range 23 West, excepting therefrom one half ('/z) acre inthe Northeast Comer, being all that part lying North of the Chaska and Shakopee Road, also the North 26 acres of theNorthwest Quarter ofthe Southeast Quarter (N 26 A of NW '/. of SE `/.) of Section 35, Township 116, Range 23, containing in all 10550 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing at apoint 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 ofthe Southeast Quarter ofsaid Section 35, thence West 50rods 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 intheNorthwest Quarter ofthe Southeast QuarterofSection35,Township 116, Range 23 and containing 6 acres ofland less the amount sold to the State ofMinnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the State of Minnesota for Trunk Highwaypurposes and described in that certain Warranty Deed dated January 23,1924 and filed forrecord in theofficeofthe RegisterofDeedsin and forCarver County, Minnesota onMarch 5,1924 at 11 o'clock A.M. and recorded therein inBook 33 of Deeds on page 5; also: Excepting therefromaparcel of land sold totheStateofMinnesotaforTmokHighwaypurposesanddescribed 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 ofDeeds onpage6. 3 PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve amendments to City Code Chapter 11 and Chapter 20 to allow paintball courses as an exempt firearm use and as an Interim Use in the Agricultural Estate District (A-2), and amend Conditional Use Permit #1998-02/lnterim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and a paintball course, with conditions, at 825 Flying Cloud Drive, and adopts the attached Findings of Fact and Recommendation." Oho And "The Chanhassen Planning Commission recommends denial of a variance request to allow two signs that exceed the number of signs allowed, display area maximum, and height maximum for signage in the Agricultural Estate District (A-2) at 825 Flying Cloud Drive, and adopts the attached Findings of Fact and Recommendation." SUMMARY OF REQUEST: The property owner is requesting an amendment to City Code to allow paintball courses as an Interim Use in the Agricultural Estate District (A-2). The property owner is also requesting an amendment to Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area (for volleyball and horseshoes), upgrades to an existing patio, and a paintball course. In addition, the applicant is requesting a variance to allow two monument signs that exceed the number of signs allowed, sign display area maximum, and sign height maximum in the Agricultural Estate District (A-2). Notice of this public hearing has been mailed to all property owners within 500 feet. LOCATION: 825 Flying Cloud Drive (PID 25-0351200) APPLICANT: Rain Snow or Shine Golf LLC 825 Flying Cloud Drive Chaska, MN 55318-9503 Contact: Jeff Helstrom Phone: 612-7234862 Email: jhelstrom@solasalons.com PRESENT ZONING: Agricultural Estate District (A-2) 2020 LAND USE PLAN: Office and Agriculture ACREAGE: 97.75 acres DENSITY: N/A SCANNED Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 2 of 19 LEVEL OF DISCRETION IN DECISION -MAKING: Zoning Ordinance Amendments — The city has a relatively high level of discretion in approving zoning ordinance amendments because the city is acting in its legislative or policy -making capacity. The zoning ordinance amendment must be consistent with the city's comprehensive plan. Conditional Use Permits — The city has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Interim Use Permits — The city has limited discretion in approving or denying interim use permits, based on whether or not the proposal meets the interim use permit standards outlined in the Zoning Ordinance. If the city finds that all the applicable interim use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Site Plan — 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 these standards, the city must then approve the site plan. This is a quasi-judicial decision. Variance — 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. The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61/Flying Cloud Drive intersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding. There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, which encompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). While the creek is not adjacent to the proposed paintball course site, branches of the creek are found throughout the subject site. The subject site is one of the few parcels not included in the Minnesota River "Raguet" Wildlife Management Area. This entire property has been identified as an area whose development pattern needs to be sensitive to the watershed, including the wetland and the creek. The subject property has gone through the public hearing process for a variety of reasons in the past. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 3 of 19 On July 13, 1998, the City Council approved the following (subject to conditions): • Site Plan #98-8 for a golf improvement center. • Interim Use Permit #98-2 which expires in the year 2020, to allow golf and driving range in the A2 District. • Conditional Use Permit #98-2 for alteration of a floodplain. • Wetland Alteration Permit #98-1. • First reading and waived the second reading of Code Amendment #98-1 to amend Section 20-265, Standards for Golf Driving Ranges to allow a retail pro shop. • Variance to allow the square footage of the office/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 the following, subject to conditions: An amendment to City Code Section 10-55(b) to allow golf course driving ranges with permanent plumbing facilities to be eligible for a liquor license. On -sale intoxicating sale 3.2 malt liquor license contingent upon receipt of the $280 license fee and the liquor liability insurance certificate. The licensed premises would include the clubhouse and outdoor brick patio, driving range, par three course, and putting course. No beer would be allowed to be consumed in the parking lot area. An amendment to Site Plan #98-8 to allow for an expansion of a second story to the driving bunkers for RSS Golf. On October 27, 2006, the City Council approved the following subject to conditions: An amendment to Site Plan #1998-08 and Interim Use Permit #1998-02 for the construction of an 11,100 square -foot addition to the principal structure. A 10,300 square -foot building area variance from the 800 square -foot building area restriction for the golf driving range principal structure. A variance for the use of steel paneling as a primary exterior material. PROPOSAL/SUMMARY The applicant is requesting an amendment to city code to allow paintball as an interim use. Paintball guns are considered a firearm by Chanhassen City Code and paintball courses or the private use of paintball guns is not allowed within the city. The property owner is requesting an amendment to Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 for an outdoor recreation area, upgrades to an existing patio area, and a paintball course. The applicant is also requesting a variance to allow two monument signs that exceed the number of signs allowed, display area maximum, and height maximum for signage in the Agricultural Estate District (A-2). The proposed signs are 15 feet tall by 8 feet wide (120 square feet) and 12 feet tall by 8 feet wide (96 square feet). City Code permits one sign that does not exceed 5 feet in height and 24 square feet of display area. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 4 of 19 APPLICABLE REGULATIONS Chapter 1, Section 2, Rules of Construction and Definitions Chapter 11, Section 2, Firearms Chapter 20, Article II, Division 6, Site Plan Review, Sec. 20-110 Chapter 20, Article IV, Division 3, Standards for Agricultural and Residential Districts Chapter 20, Article IV, Division 5, Interim Use Permits Chapter 20, Article V, Division 3, Floodway District (FW) Chapter 20, Article X "A-2" Agricultural Estate District Chapter 20, Article XXVI, Division 1, Generally Chapter 20, Article XXVI, Division 2, Signs Allowed in Specific Districts by Permit ANALYSIS ZONING ORDINANCE AMENDMENT The applicant is requesting a zoning ordinance amendment to allow an outdoor paintball course on the subject property in the Agricultural Estate District (A-2). Chanhassen City Code Section 1-2 defines paintball guns as a firearm. Section 11-2 (f) of the Chanhassen City Code prohibits the discharge of a firearm within the city except as specifically allowed by code. Section 11-2 (b) of City Code establishes permitted uses of firearms, which paintball guns are not included. Thus, none of the zoning districts permit the use of paintball guns or a paintball course. Paintball, Locations and Courses Paintball guns use expanding gas, such as carbon dioxide (CO2) or compressed air, to propel paintballs through the air. Paintballs have a hard outer layer when loaded into the paintball gun, but break upon impact if they are moving at a fast enough speed. Paintball games typically involve team competition, but they can also be played individually. The objectives of paintball games vary, but can include capture the flag, elimination, defending or attacking a particular point or area, or capturing objects of interest hidden in the playing area. A basic internet search shows that there are very few paintball courses located in the Twin Cities Metro Area. The nearest indoor paintball course is in Scott County (outside of Jordan) and the nearest outdoor paintball course is also located in Scott County (outside of Lakeville). The next closest paintball courses are in Wright County (outside Buffalo) and Wisconsin (outside Hudson and River Falls). Generally, outdoor paintball courses are located in more rural areas. One of the most important factors in a game of paintball is the location and the field layout. There are numerous types of fields, and almost an infinite amount of possibilities for a paintball field. Paintball fields can normally be divided into two base styles - woods fields and speedball fields. Planning Commission 0 • Golf Zone ZOA, lUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 5of19 Woods Field: Woods fields are probably the more commonly known areas for a paintball game. Woods fields can vary greatly and no two are the same. Woods fields can also be broken down into a few categories: Forest Field: This field generally is an all -natural playing area. There are no added bunkers, and the trees and tall grass are the most common bunkers. Players often choose to manipulate these fields by stacking piles of leaves and logs to create their own cover. Image 1: Woods Field Hybrid Field: Hybrid fields are a mix of a speedball field (see below) and a straight forest field. A hybrid field may be a forest field with bunkers such as car hoods, spools, tires, or other forms of speedball bunkers set up throughout the woods. A less common hybrid field, but one that is just as enjoyable as the prior, is a speedball field directly connected into a forest. One team generally begins on the speedball field, while the other team(s) begin on various positions throughout the forest. Hay Field: The hay field is less common than the other two field types. Hay fields are usually made up of tall stacks of hay tied up and stacked into piles, forming bunkers. Hay fields are more commonly found as a hybrid with forest fields. Speedball Fields: Speedball fields are commonly used for high - paced games that tend to be much more close -quarters than most woods games. There are many different types of speedball fields, and layouts can be mirrors (bunkers on both sides of the field that are exactly alike) or randomly spread out. Sup Air Field: Sup Air fields consist of inflatable bunkers and are commonly used for competition paintball. Many Sup Air fields have interestingly -shaped bunkers, such as snaked objects, coke cans, cones, and pills. Image 2: Speedball Field Hyperball Field: Hyperball fields are generally built out of various objects usually including, but not limited to, boards, car hoods, tires, and tubing; or a combination of all four. Hyperball fields, like all speedball fields, usually host very fast -paced games and have all sorts of bunkers imaginable. Spool Fields: These fields are made up of large spools, the type that usually hold large quantities of wire. Spool fields are commonly mirrored. Bunkers on spool fields tend to be more limited than of other speedball fields. Generally, bunkers are one spool, or a few spools stacked or standing next to each other. Image 3: Spool Field Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 6 of 19 At the typical field -regulated speed of 280 feet per second and a 45-degree angle, a paintball will travel about 280 feet. This is strongly affected by various conditions such as wind, trajectory to the target, obstructions, velocity variation, etc. This is also not a practical distance for hitting a specific target. The effective range of a paintball gun is around 80-150 feet. A first strike paintball (a sniper paintball with fin grooves) can actually reach 500 feet when arched correctly. Staff recommends that outdoor paintball facilities be limited to property located in the Agricultural Estate District, A-2. This would accommodate the larger minimum site requirement that is proposed for such a use, which is based in part on the separation requirement from the course to the property line as well as adjacent residential homes. These larger sites would also permit the various field configurations discussed above. Large minimum site requirements will also limit the location and number of courses that could be developed (see Image 4 for parcels that would be allowed to have paintball courses). Several properties that would meet these acreage standards in the A-2 District are publically owned, such as the Minnesota Landscape Arboretum and the Raguet Wild Life Management Area. �4 leg- Diu ,i rrld � • i a. .r, x Image 4: Parcels Over 50 Acres and Zoned A-2 District Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 7 of 19 Type of Use The City of Chanhassen allows uses as either permitted, accessory, conditional or interim uses. Permitted and accessory uses are allowed by right and will be approved administratively except as part of a new development, which requires site plan review. Conditional and interim uses require a public hearing before the Planning Commission and ultimate approval from the City Council. Since the city will eventually be a fully -developed, suburban community, the continuation of an outdoor paintball facility would come in conflict with surrounding development. Therefore, staff recommends that the outdoor paintball facility be an interim use in the A-2 District. Proposed Conditions Staff has reviewed conditions of approval from other communities for paintball courses. From this review, staff has established proposed conditions if the city approves the zoning ordinance amendment request. • Require protective gear (following the International Stock Paintball Players' Association or American Society for Testing and Materials Standards). • Require the use of barrel plugs off the playing field. • Limit the velocity of paintball gun projectiles to 285 fps. • Require a chronograph on site to measure projectile velocity. • Require minimum operating standards including staffing requirements, safety briefings and equipment inspection. • Require that paintballs be non -toxic, non -caustic, water-soluble and biodegradable. • The applicant is responsible for the clean-up of any accumulation of materials on the site. • Require that the site be a minimum of 50 acres. • Require separation from off -site structures and/or residences. The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. • The paintball course boundaries must be physically designated. • Require screening of the facility from neighboring homes. 9 Prohibit alcohol use or consumption on the paintball course. Planning Commission • • Golf Zone ZOA, [UP, and VAR — Planning Case 2016-01 January 5, 2016 Page 8of19 • Limit the hours of operation to daylight hours. • Limit retail sales and rental to paintball-related material and equipment with limited display area, e.g. 20 percent of the floor area. Code Amendments In order to allow paintball courses, the following sections of the Chanhassen City Code will need to be amended/add: Section 11-2 (b) Firearms to include: (8) By any person at a city -approved paintball course and consistent with city ordinances and state and federal gun laws and regulations. Add Section 20-263.5 to Conditional Use Permit Standards for Agricultural and Residential Districts to read: Sec. 20-263.5 Paintball Courses. The following conditions will apply to paintball courses: (1) Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Societyfor Testing and Materials Standards). (2) Guests must use barrel plugs off the playing field. (3) Velocity ofpaintball gun projectiles cannot exceed 285 feet per second. (4) A chronograph must be on site to measure projectile velocity. (5) The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. (6) Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. (7) The facility is responsible for clean-up of any accumulation of materials on the site. (8) A minimum parcel size of 50 acres is required for the operation of a paintball course. (9) The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. (10) The paintball course boundaries must be physically designated with signage or boundary markers. (11) The paintball course or field must be screened from neighboring homes. (12) Alcohol use or consumption is prohibited on the paintball course. (13) The hours of operation are limited to daylight hours. (14) Retail sales and rental is limited to paintball-related material and equipment and may not occupy more than 20 percent of the floor display area. Section 20-576 (Agricultural Estate District Interim Uses) to include: (10) Paintball Courses. Planning Commission • • Golf Zone ZOA, IUP, and VAR - Planning Case 2016-01 January 5, 2016 Page 9 of 19 CONDITIONAL USE PERMITANTERIM USE PERMIT/SITE PLAN AMENDMENT The subject site currently has a conditional use permit for a flood plain alteration (for the driving range), an interim use permit for a golf and driving range, and a site plan for the existing site. The applicant is now proposing a new recreation area (horseshoe pits and volleyball courts), upgrades to the existing patio area, and paintball courses for the subject site. The new recreation area will be located to the west of the parking lot in front of the Golf Zone building. The construction of the new recreation areas will consist of temporary structures (horseshoe stakes and volleyball nets) and sand. The patio area will be located north of the building and will consist of picnic tables and chairs and other patio equipment. Any permanent structures constructed for the recreation area or patio will require either a building or zoning permit. The proposed paintball course will be located southwest of the Golf Zone building and will be setback at least 300 feet from all property lines and outside of the delineated wetland (see red area in Image 5). The existing Interim Use Permit (IUP) for the driving range is set to expire in the year 2020 and the proposed paintball course would also expire in the same year as part of this 1UP revision. Also, per City Code County Road 61/Flving Cloud Drive 04 New TPatio Area Recre i n � Are ' ' �a uildin Paintball i.; Courses,b I 1 - 1 6 N Section 20-366, structures, fill, or storage of Image 5: Site Plan materials or equipment are not permitted within the flood plain and will not be permitted on the subject site. Any alteration within the flood plain will require a conditional use permit. Also, any grading project that exceeds 50 cubic yards will require a grading permit. The paintball course will be a combination of a hayfield and forest paintball course. The course will utilize the site's existing topography and vegetation, but will also have temporary structures (hay bales, logs, etc.) as part of the paintball course. The subject site will meet the requirements for the Interim Use Permit for a Paintball Course. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 10 of 19 Noncompliance with Existing CUP/IUP/SITE PLAN and City Code On December 11, 2015, staff visited the proposed site and found multiple violations with the site's conditions of approval and City Code. These violations are described below. Section 7 (c) of the property's CUP/IUP/Site Plan special conditions states that "signage shall be per City Code Section 20 Article XXVI." However, the existing signage does not comply with this article of city code (Section 20-1301, Agricultural and residential districts). The site currently has two monument signs that are approximately 7 feet tall and have a face display area of 45 square feet each (see Image 6). The number of signs exceeds the maximum amount of signs allowed in the A-2 District, which is one. The signs also exceed the maximum height allowed (five feet) and the maximum display area allowed (24 square feet). The signs must either comply with City Code or the city must grant a variance for the existing monument signs or any future signs that do not comply with Citv Code. Image 6: Existing Signage • Section 7 (e) of the property's CUP/IUP/Site Plan special condition states that the "landscape plan shall include 3 landscaped islands or peninsulas and 6 overstory trees for the parking lot." Currently, the parking lot is not complaint with this condition, as there are only Image 7: Golf Zone Parking Lot Planning Commission • 0 Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 11 of 19 become compliant with the condition of approval, the applicant would need to construct landscape islands or peninsulas for the parking lot and plant overstory trees. However, staff will not be requiring that the landscaping be installed at this time because the IUP is expected to expire on November 1, 2020. Section 7 (g) of the property's CUP/IUP/Site Plan special conditions states that "the nets shall comply with the recommendation of the DNR, including the condition that the nets be 4'/z feet off the ground. The most westerly net shall be modified to change from 50 feet to 20 feet." The original Site Plan included these nets as part of the proposed plan. After visiting the site, staff noticed that the driving range area does not have nets installed on the site. A result of not having nets erected on the site is that there are golf balls that are hit outside of the pick-up area and are not picked up. Staff noticed that there are golf balls located in the ground from not being collected. To become compliant with the original site plan and the conditions of approval, the property must install the required golf ball nets. Staff contacted the Department of Natural Resources (DNR) and was informed that they would like to see some mechanism to ensure errant golf balls are not entering the sensitive areas around the driving range. The DNR's recommendation on the nets and the net height have not changed since the original Site Plan. Image 8: Existing Net Posts Section 7 (q) states that "the applicant shall provide annual soil samples before chemicals are applied to demonstrate there is a need." The applicant has not provided the city with soil samples for multiple years; however, the property owner has informed staff that he Planning Commission 9 • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 12 of 19 has not used chemicals on the property for several years. To ensure compliance with this section of the conditions of approval, staff will need a written document from the property owner stating that he is no longer using chemicals on the property. • Section 20-909 of City Code prohibits the outdoor storage of construction materials, brush piles and miscellaneous junk and debris. Upon inspection of the site, staff found that there were multiple piles of materials that do not comply with Chanhassen City Code (see Image 9). The materials in these piles must be removed from the site to become compliant with City Code. Image 9: Outdoor Storage on Site Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 13 of 19 Staff recommends that the property be brought into compliance with the special conditions of approval and City Code. SIGN VARIANCE Existing Signage Violation Currently, the subject property has two non -conforming monument signs located at the entrance of the site (see Image 10). The applicant has informed the city that the signs were installed in this location because the previous monument sign had to be removed due to construction along County Road 61/Flying Cloud Drive. The subject monument signs were constructed without permit as there are no records in the City's files for the non -conforming signage. In addition to the subject signs not having a permit, the monument signs also exceed the allowed number of signs on an A-2 District property and the maximum area and height requirements. Properties within the A-2 District are permitted one sign that does not exceed five feet in height and 24 feet in display area. Per City Code Section 20-1274, sign faces that are not back to back, "shall not have an angle separating the faces exceeding 45 degrees, unless the total area of both sides added together does not exceed the maximum allowed sign area for that district" (see Image 11 for example). The signage on the property is considered two signs because the angle between the two sign faces exceeds 45 degrees. Each sign face is approximately 45 square feet (9 feet wide by 5 feet tall), or 90 square feet in total. This amount of signage exceeds the maximum display area allowed for signage in the A-2 District (24 square feet). Also, the overall monument sign height (approximately 7 feet) exceeds the maximum sign height allowed in the A-2 District by 2 feet (A- 2 District maximum height is 5 feet). To be complaint with City Code, the existing sign height, area, and angle between the two signs must be reduced. The current signage exceeds the 45-degree angle and the proposed signs for the variance will need to meet this area requirement or they will need a larger variance for their display area. The existing signage exceeds the maximum height and area allowed in the A-2 District. The height, area and angle of the sign will need to be reduced if a variance is not granted for the proposed signage. Image 10: Existing Signage Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 14 of 19 One Sign Two Sims ZVlore than 45 decrees ess Sign Face Sign Face Image 11: One Sign vs Two Signs Example Sign Variance Request The applicant is requesting a variance to allow two monument signs that exceed the maximum number of signs, the display area maximum and the height maximum for signage in the Agricultural Estate District (A-2). The proposed signs are 15 feet tall by 8 feet wide (120 square feet) and 12 feet tall by 8 feet wide (96 square feet). The applicant has proposed signage with two faces. Per Chanhassen City Code, the angle between these two faces cannot exceed 45 degrees to be compliant. The applicant has provided a rendering of the proposed monument signs and a map showing their location (see Images 12-14). The monument signs will advertise the name of the event center, "The Zone," and the various activities available on the property. The applicant has proposed to locate these signs at the entrance to the property and at the northeast corner of the property. These signs will be setback at least 10 feet off of the property lines and will be outside of the required sight triangle. Per City Code Section 20-1301 (3), nonresidential use properties in the A-2 District are allowed to have one monument sign that does not exceed 24 square feet of sign display area or five feet in height. Wall signs are not permitted for nonresidential use properties. The proposed signs require a variance due to the number of proposed signs and due to their display area and height. Number of Signs: The applicant has proposed two signs, which exceeds the maximum amount of signs allowed by City Code (properties are allowed one monument sign). Sign Display Area: The applicant has proposed a 120 square -foot and a 96 square -foot monument sign. These proposed signs exceed the maximum display area requirement for a monument sign in the A-2 District by 96 square feet and 72 square feet (5 times and 4 times larger than the maximum size permitted, respectively). The proposed monument signs would not be permitted in any zoning district within the City of Chanhassen due to their large display area. The City Code's largest monument sign standards are for the Highway and Business Services (BH), General Business (BG), or Central Business (CBD) Planning Commission 0 0 Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 15of19 Districts. These districts allow for an 80 square -foot monument sign for buildings that are 50,000 square feet or greater. • Sign Height: The applicant has proposed a 15-foot and a 12-foot tall monument sign. These signs exceed the maximum height allowed for monument signs in the A-2 District by 10 feet and 7 feet (3 times and nearly 2.5 times larger than the permitted maximum height, respectively). The proposed monument signs would not be permitted in any zoning district within the City of Chanhassen due their height. The City Code's tallest monument sign standards are for the Highway and Business Services (BH), General Business (BG), or Central Business District (CBD). These districts allow for a 10-foot tall monument sign for buildings that are 50,000 square feet or greater. S feet / 1 Steel �O &CENTER EVENT BIG EIS feet HEATED WINTER 11 w HEATED DRIVING RANGE 12 feet II WINTER INDOOR DRIVING MINI COIF RANGE PAINT BAIL ' oil yourgolfzone.com )120 square feet) (% square feet) + (County Road 61/Flying Cloud Driw) /tl Hi �a. N Ll Image 12: Proposed monument Sign Locations Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 16 of 19 Planning Commission 0 • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 17 of 19 The City's discretion in approving a sign variance request is limited to if it meets City Code Section 20-1253, which states, "The city council, upon the recommendation of the planning commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article would cause a hardship; provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this article." After reviewing the sign variance request, staff has determined that sign variance request does not meet the requirements set out in Section 20-1253 of City Code. The subject site is currently allowed adequate signage for an interim use business within the Agricultural Estate District (A-2). The topography of the site is not a hardship in locating a sign for advertisement of the site and there are no other conditions that serve as a significant hardship when considering signage on the site. The proposed sign request significantly exceeds the maximum display area and height for a monument sign for the A-2 District, and even exceeds the height and area requirements for a property in any zoning district within the City. Approving this sign variance request would disrupt the spirit and intent of Article XXVI, Signs. The site currently has adequate signage for advertising and an increase in signage would create an inequitable distribution of advertisement within the area. The County Road 61/Flying Cloud Drive and State Highway 101 corridors are a gateway into the City of Chanhassen. A proliferation of signage that exceeds the display area, height and amount of signage that is allowed by city standards will greatly diminish the area's civic beauty by creating a corridor that is cluttered with signage. In approving this sign variance request, the city could also set a precedent for the future proliferation of excessively large monuments signs. SUMMARY The property owner is requesting an amendment to the City Code to allow paintball as an Interim Use. Staff believes this is a resonable request and the request can be accomodated by amending City Code to allow paintball courses as an Interim Use, with standards. The property owner is also requesting an amendment to Conditional Use Permit 1998-02/Interim Use Permit 1998-02/Site Plan Review 1998-08 to allow an outdoor recreation area, upgrades to a patio area, and a paintball course. Staff supports this request as the subject site can accommodate the outdoor recreation area, upgrades to the existing patio area, and can meet the conditions of approval for an Interim Use Permit for a paintball course. This interim use of the property will provide a reasonable use of the land, until it can redevelop, without incurring significant costs or site improvements. The interim use will be allowed until the year 2020, the same expiration date as the driving range IUP. However, the subject site must become compliant with the original conditions of approval for the driving range and City Code. Lastly, the applicant is requesting a variance to allow two monument signs that exceed the number of signs allowed, display area maximum and height maximum for signage in the Agricultural Estate District (A-2). Staff has determined that the sign variance request does not meet the requirements for a variance. The site does not have any topographical or other Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 18 of 19 conditions that serve as hardship on the site. Furthermore, the request significantly exceeds any sign standards for the city and will disrupt the the spirit and intent of Article XXVI, Signs. RECOMMENDATION Staff recommends that the Chanhassen Planning Commission recommends that City Council amend City Code to allow paintball courses as an Interim Use; amend Conditional Use Permit #1998-02/Interim Use Permit #1998-02/Site Plan Review #1998-08 to allow an outdoor recreation area, upgrades to an existing patio area, and a paintball course; denies the sign variance; and Adopts the Attached Findings of Facts, subject to the following conditions: 1. Guests must wear protective gear (consistent with International Stock Paintball Players' Association or American Society for Testing and Materials Standards). 2. Guests must use barrel plugs off the playing field. 3. Velocity of paintball gun projectiles cannot exceed 285 feet per second. 4. A chronograph must be on site to measure projectile velocity. 5. The facility must provide minimum operating standards including staffing requirements, safety briefings and equipment inspection. 6. Paintballs must be non -toxic, non -caustic, water-soluble and biodegradable. 7. The facility is responsible for the clean-up of any accumulation of materials on the site. 8. A minimum parcel size of 50 acres is required for the operation of a paintball course. 9. The paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. 10. The paintball course boundaries must be physically designated with signage or boundary markers. 11. The paintball course must be completely screened from neighboring homes. 12. Alcohol use or consumption is prohibited on the paintball course. 13. The hours of operation are limited to daylight hours. 14. Retail sales and rental is limited to paintball-related material and equipment and may not occupy more than 20 percent of the floor display area of the existing building. 15. Structures, fill, or storage of materials or equipment are not permitted on the paintball site. Planning Commission • • Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 19 of 19 16. Approval shall expire on November 1, 2020, unless extended in the future. ATTACHMENTS 1. Findings of Fact and Recommendation (CUP/IUP/Site Plan). 2. Findings of Fact and Recommendation (VAR). 3. Ordinance Amendment. 4. Application and Narrative. 5. Site Plan Map. 6. Sign Renderings (2 sheets). 7. Patio, Recreation Area and Paintball Locations on Aerial Images (2 sheets). 8. Conditional Use Permit #1998-2/Interim Use Permit #1998-2/Site Plan Permit #1998-8. 9. Affidavit of Mailing of Notice of Public Hearing. &\plarA2016 planning cases\2016-01 golf zone iup var zoa\report- 2016-01 golf zone zaa_iup_var.dm CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO.2016-01 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 5, 2016, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for city code amendments to Chapter 11, Miscellaneous Provisions, and Chapter 20, Zoning, to permit paintball; Amendment to Interim Use Permit to allow paintball; and Variance for signage on property located at 825 Flying Cloud Drive — Golf Zone. Applicant/Owner: Jeff Helstrom. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2016-01 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Drew Ingvalson, Planner Email: dinevalson(a)ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on December 24, 2015) SCANNED COMMUNITY DEVELOPMENT DEPWTMENT Planning Division — 7700 Market Boulevard CITY OF CHANNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1130 / Fax: (952) 227-1110 AGENCY REVIEW REQUEST LAND DEVELOPMENT PROPOSAL Please review and respond no later than the review response deadline Agency Review Request Date: December 10, 2015 Agency Review Response Deadline: December 24, 2015 Date Application Filed: December 3, 2015 Contact: Contact Phone: Contact Email: Drew Ingvalson 952-227-1132 dingvalson@ci.chanhassen.mn.us Assistant Planner Planning Commission Date: City Council Date: 60-Day Review Period Deadline: January 5, 2016 at 7:00 p.m. January 25, 2016 at 7:00 p.m. February 2, 2016 Application: Request for city code amendments to allow paintball: • Section 11-2 (b) Firearms; • Section 20-576 Interim Uses; • Chapter 20, Zoning, Article IV. Conditional Uses, Division 3. Standards for Agricultural and Residential Districts (adding a section for paintball); Amendment to Interim Use Permit to allow paintball; and Variance for signage on property zoned Agricultural Estate District A2 and located at 825 Flying Cloud Drive (Golf Zone). Am)licant/Owner: Jeff Helstrom. In order for staff to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. Your cooperation and assistance is greatly appreciated. City Departments: Federal Agencies: Adjacent Cities: ❑ Attorney ❑ Army Corps of Engineers ❑ Chaska ® Building Official ® US Fish & Wildlife ❑ Eden Prairie ® Engineer ❑ Jackson Township ® Fire Marshal Watershed Districts: ❑ Minnetonka ® ® Forester Park Director ❑ Carver County W MO ❑ El Shorewood Victoria ® Water Resources ® Lower MN River ® Law Enforcement ❑ Minnehaha Creek Adjacent Counties: ❑ Riley -Purgatory -Bluff Creek Carver County Agencies: Utilities: ❑ ❑ Hennepin Scott ❑ Community Development ❑ Cable TV Mediacom ® Engineer ❑ — Electric Valley School Districts: ❑ Environmental Services —Minnesota ❑ Historical Society ❑ Electric —Xcel Energy ❑ Eastern Carver County 112 ❑ Parks ❑ Magellan Pipeline ❑ Minnetonka 276 ❑ Soil & Water Conservation District ❑ Natural Gas — CenterPoint Energy ❑ Phone — CenturyLink Other Agencies: State Agencies: ❑ Hennepin County Regional Railroad ❑ Board of Water & Soil Resources ❑ Authority MN Landscape Arboretum ❑ Health ❑ Historical Society ❑ SouthWest Transit ❑ Natural Resources -Forestry ❑ TC&W Railroad ® Natural Resources -Hydrology ❑ Pollution Control ; ;ANNPL ❑ Transportation Property Card • Parcel ID Number 4DP351200 Taxpayer Information �s SEMINNRY RAIN SNOW FENS OR SHINE GOLF BAGUET WILDLIFE MANAGEMENTAREA Taxpayer Name RAIN SNOW OR SHINE GOLF LLC Mailing Address 825 FLYING CLOUD DR CHASKA, MN 55318-9503 Property Address Address 825 FLYING CLOUD DR City CHASKA, MN 55318 Parcel Information Uses Commercial GIS Acres 97-75 Net Acres 97 75 Deeded Acres 96.44 Plat Lot Block Tax Description Building Information Building Style Above Grade Bedrooms Finished S Ft Year Built Garage N Bathrooms Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 1 WS 060 LOWER MN RIVER N I N I N Assessor Information Estimated Market Value 2014 Values (Payable 2015) 2015 Values (Payable 2016) Last Sale Land $192,300.00 $192,300.00 Date of Sale 11/18/1998 Building $448,600.00 $448,600.00 Sale Value $425,000.00 Total $640,900.00 $640,900.00 The data provided herewith is for reference purposes only This data is not suitable for legal, engineering, surveying a other similar purposes Carver County tices not guarantee the accuracy of the information contained herein. This data is famished on an as is bass and Carver County makes no representations or warranties, either expressed or ImpBed. for the merchantability or fitness of the Mormatim provided for any pun.. This declaimer is provided pursuant to Minnesota Statutes §466 03 and the user of the data provided herein ackmcwtedges that Carver County shall not be liable for any damages. and by using this data n any way expressly waives all claims, am agrees to defend, indemnity and hod harmless Carver County. its oKaals, oRcam, agents. empnyess, etc from any and all claims brought by anyone who uses hie inf000ation oovned for beren. its empicyees or agents. or CARVER Third parties which arise out of users access. By acceptance of this data. the user agrees not to transmit this data or provde access to it or any pad of it to another party unless the user includes COUNTY with the data a copy of this disclaimer Thursday, December 03, 2015 Carver County, MN CITY OF CHANHASSEN • P O BOX 147 CHANHASSEN MN 55317 12/03/2015 2:30 PM Receipt No. 00302286 CLERK: ashleym PAYEE: Jeffrey Helstrom Golf Zone Planning Case 2016-01 ------------------------------------------------------- Interim Use PErmit 425.00 Sign Rent 200.00 Recording Fees 50.00 Zoning 500.00 Variance 200.00 GIS List 27.00 Total 1,402.00 Cash 0.00 Credit Cd 1,402.00 Change 0.00 MEMORANDUM TO: Planning Commission FROM: Robert Generous, Senior Planner DATE: June 7, 2011 SUBJ: Paintball Course and Gun Ranges BACKGROUND 0 The City has received a request to investigate allowing paintball courses in the community. On April 5, 2011, staff presented background information on paintball facilities and was directed to continue researching the topic. Additionally, staff has been directed to expand the review to include gun ranges. Currently, the city does not permit such uses. Section 11-2 (f) of the Chanhassen City Code prohibits the discharge of a firearm within the city except as specifically allowed by code. None of the zoning districts permit a paintball course or gun range. At one time, the city did have an outdoor gun range at the Moon Valley mining operation site on Flying Cloud Drive. It continued there as a legal non- conforming use and was protected from closure by Minnesota Statutes Chapter 87A. Since 2004, the use has been discontinued and can no longer be in operation. Staff does not recommend that gun ranges be allowed as an outdoor use in the city. USE Staff originally initiated the review of paintball courses. Since then, gun ranges have been added to the scope of research. However, as part of our review, the question arose whether we should limit these outdoor activities to paintball and similar -type facilities (air -soft and laser tag) or include other outdoor activities, such as zip line/ropes courses and orienteering. SCANNFD ~ Planning Commission • • June 7, 2011 Page 2 Staff researched other communities and found the following: some communities include commercial or non-commercial recreational uses that may be permanent or temporary in nature, which include but are not limited to traveling carnivals, circuses, amusement parks, driving ranges, batting cages, mini -golf, paintball courses, bowling centers, roller skating facilities, and similar indoor or outdoor recreational activities. One community allows commercial recreation premises consisting of woodlands, water courses, and fields used for active recreational activities that do not require modification of the existing natural features or characteristics of a property. Chanhassen City Code regulates driving ranges, mini -golf, bowling centers and indoor and outdoor health and recreation clubs as separate uses. Parking standards would be those for recreation facilities which require 20 spaces plus one space for each 500 square feet of gross floor area. Unless directed otherwise, staff shall limit the revision to paintball courses and gun ranges. LOCATION Staff has researched regulations regarding where these types of facilities are located. Generally, outdoor paintball courses and gun ranges are located in more rural areas. Indoor paintball and gun range facilities have been located in both commercial and industrial zoning districts. Paintball One of the most important factors in a game of paintball is the location and the field layout. There are many numerous types of fields, and almost an infinite amount of possibilities for a paintball field. Paintball fields can normally be divided into two base styles - woods fields and speedball fields. Woods Fields: Woods fields are probably the more commonly known areas for a paintball game. Woods fields can vary greatly, and no two are the same. New players are usually more attracted to these fields, and may get tangled in dreams of military tactics, guerilla warfare, and being snipers when playing on these fields. Woods fields can also be broken down into a few categories. Forest Field: This field generally is an all -natural playing area. There are no added bunkers, and the trees and tall grass are the most common bunkers. Players often choose to manipulate these fields by stacking piles of leaves and logs to create their own cover. Planning Commission • • June 7, 2011 Page 3 Hybrid Field: Hybrid fields are a mix of a speedball field (see below) and a straight forest field. These too, may have completely different layouts than the previous. A hybrid field may be a forest field with bunkers such as car hoods, spools, tires, or other forms of speedball bunkers set up throughout the woods. A less common hybrid field, but one that is just as enjoyable as the prior, is a speedball field directly connected into a forest. One team generally begins on the speedball field, while the other team(s) begin on various positions throughout the forest. Hay Field: Less common, but just as enjoyable as the other two, is the hay field. Hay fields are usually made up of tall stacks of hay tied up and stacked into piles, forming bunkers. Hay fields are more commonly found as a hybrid with forest fields. Sneedball Fields: Speedball fields are commonly used for high -paced games that tend to be ir much more close -quarters than most woods games. There are many different types of speedball fields, and layouts can be mirrors . (bunkers on both sides of the field are exactly alike) or randomly spread out. Sup Air Field: Sup Air fields consist of inflatable bunkers and are commonly used for competition paintball. Many Sup Air fields have interestingly shaped bunkers, such as snaked, Ms, Coke Cans, Cones, and Pills. Hyperball Field: Hyperball fields are generally built out of various objects usually including, but not limited to boards, car hoods, tires, and tubing; or a combination of all four. Hyperball, like all speedball fields, usually hosts very fast paced games and has all sorts of bunkers imaginable. Spool Fields: These fields are made up of large spools, the type that usually hold large quantities of wire. Spool fields are commonly mirrored. Bunkers on spool fields tend to be more limited than of other speedball fields. Generally, bunkers are one spool, or a few spools stacked or standing next to each other. Staff recommends that outdoor paintball or air soft type facilities be limited to Agricultural Estate, A-2, zoned property. This would accommodate the larger minimum site requirement that is proposed for such a use, which is based in part on the separation requirement from the course to the property line as well as adjacent residential homes. These larger sites would also permit the various field configurations discussed above. Planning Commission • • June 7, 2011 Page 4 At the typical field -regulated speed of 280 feet per second and a 45-degree angle, a paintball will travel about 280 feet. This is strongly affected by various conditions such as wind, trajectory to the target, obstructions, velocity variation, etc. This is also not a practical distance for hitting a specific target. The effective range of a paintball gun is roughly 150 feet. A first strike paintball can actually reach 500 feet when arched correctly. Staff further recommends that we permit paintball facilities in our Industrial Office Park, IOP districts as an indoor use. Paintball facilities could utilize warehouse -type buildings with minimum alterations and could complement other recreational uses currently permitted in the IOP district, such as recreation clubs, play facilities, etc. Additionally, this use may be appropriate in a Community Commercial District in conjunction with a sporting goods -type store. Gun Range Staff recommends that gun ranges be limited to indoor uses and that they be located in Industrial Office Park (IOP) Districts and Community Commercial (CC) Districts. An estimated 16,000 to 18,000 indoor firing ranges are in operation in the United States.- Indoor ranges usually have a projectile trap consisting of curved or angled steel plates, shredded rubber, or specially packed and groomed sand, with reinforced baffles attached to the ceiling and walls. The most modem ranges include anechoic chamber technology (foam wedges), or place other sound absorbing materials on walls, floors and ceilings for additional noise reduction. Such ranges also usually have an air -locked corridor for soundproofing, with doors at opposite ends of the corridor. Noise from the range is effectively contained as long as only one door is opened at a time; it is considered a breach of etiquette to open both doors simultaneously. Ventilation is designed to be sufficient in quantity and directional control to reduce concentrations of lead in the air to safe levels in the shooting area. The maximum caliber size is sometimes posted on the door of the airlock on each particular range, or in the lobby or ready area if the facility only contains one range. Most indoor ranges restrict the use of certain magnum calibers, or the use of automatic weapons, primarily to prevent damage to the facilities. Other ranges do not have a caliber restriction, but instead limit projectiles to a certain muzzle velocity, often 2000 feet per second, or bullet construction. Common safety practices Nearly all public ranges require that all guns be unloaded prior to entering or leaving the range facility, irrespective of whether one holds a concealed carry license. The same is true for rental guns leaving or returning to the rental counter, going to and from the shooting range. Whether gun ranges are indoors or outdoors, all shooters are required to wear safety glasses or goggles, although some ranges will allow impact -resistant corrective glasses as the only eye protection. Ear protection is also required, either ear muffs or ear plugs, as long as one is within the defined boundaries of the range and the range is hot. For indoor ranges, these must be donned Planning Commission • • June 7, 2011 Page 5 before going through the air lock door and kept on as long as individuals are within the high noise area. Indoor ranges also introduce the risk of lead poisoning if they are not properly ventilated or cleaned. Lead dust in these facilities can be inhaled or can contaminate skin and clothing. The instructions of the appointed range master are to be followed at all times. The National Rifle Association Range Source Book provides guidelines for planning, designing, constructing, and maintaining shooting range facilities. According to the source book, each range should have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. The source book recommends that shooting ranges establish rules and regulations that are tailored to its needs. They should include: 1. Gun handling rules; 2. General range rules; 3. Regulations on the type of firearm, shooting activity, caliber, shot size, or type of target to ensure range safety; and 4. Administrative regulations regarding target supplies, target frame materials, security and equipment usage, along with buildings and grounds maintenance as necessary for safe and efficient range operations. The source book states gun handling rules should always appear first in the safety plan and be prominently displayed at the shooting range. At a minimum, the plan should include the following safety rules: 1. Always keep the gun pointed in a safe direction. 2. Always keep your finger off the trigger until ready to shoot. 3. Always keep the action open and firearm unloaded until ready to use. 4. Know your target and what is beyond. 5. Be sure the gun is safe to operate. 6. Know how to use the gun safely. 7. Use only the correct ammunition for the gun. 8. Never use alcohol or drugs before shooting. 9. Store guns so they are not accessible to unauthorized persons. 10. Be aware that certain types of guns and many shooting activities require additional safety precautions. A shooting range, regardless of size, location or design, should incorporate, at a minimum, the following general range rules. 1. Know and obey all range commands. 2. Know where others are at all times. Planning Commission • • June 7, 2011 Page 6 3. Shoot only at authorized targets. 4. Ground level targets are not authorized without a proper backstop. 5. Designate a range officer when none is present or assigned. 6. Unload, open the action, remove the magazine and ground and/or bench all firearms during a cease-fire. 7. Do not handle any firearm or stand at the firing line where firearms are present while others are down range. 8. Always keep the muzzle pointed at the backstop or bullet trap. TYPE OF USE The City of Chanhassen allows uses as either permitted, accessory, conditional or interim uses. Permitted and accessory uses are allowed by right and will be approved administratively except as part of a new development, which requires site plan review. Conditional and interim uses require a public hearing before the Planning Commission and ultimate approval from the City Council. Since the city will eventually be a fully developed, suburban community, the continuation of an outdoor paintball facility would come in conflict with surrounding development. Therefore, staff recommends that the outdoor paintball facility be an interim use in the A-2 district and that it be an indoor conditional use in the Industrial Office Park (IOP) District and Community Commercial (CC) District. An indoor gun range could be regulated as a conditional use in the Industrial Office Park (IOP) District and Community Commercial (CC) District. Staff envisions the commercial operation in conjunction with a sporting goods store, which is a permitted use in the CC district. However, it could also be a stand-alone facility. Additionally, individual office/industrial Planned Unit Developments could potentially amend their design standards to incorporate the use in their districts. CRITERIA Paintball • Require protective gear (International Paintball Players Association or American Society for Testing and Materials Standards). • Require the use of barrel plugs off the playing field. • Limit the velocity of paintball gun projectiles (between 250 and 285 fps). • Require a chronograph on site to measure projectile velocity. • Require minimum operating standards including staffing requirements, safety briefings and equipment inspection. • Require liability insurance. • Require that paintballs be non -toxic, non -caustic, water-soluble and biodegradable. • Require that the site be a minimum of 20 acres (for outdoor facilities). Planning Commission • • June 7, 2011 Page 7 • Require separation from off -site structures and/or residences (for outdoor facilities). The outdoor paintball course shall be setback a minimum of three hundred (300) feet from all property lines and a minimum of five hundred (500) feet from any residential dwelling. • Require screening of the facility from neighboring homes. • Prohibit alcohol use or consumption. • Limit the hours of operation to daylight hours (for outdoor facilities). • Limit retail sales and rental to paintball- related material and equipment with limited display area, e.g. 20 percent of the floor area. Indoor Gun Range • The firing range shall not be located on any lot adjacent to an existing residential district. • The firing range shall not be located within one thousand (1,000) lineal feet, measured from building to building, of an establishment licensed to dispense intoxicating or non - intoxicating liquor. Indoor firing ranges shall not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or dispenses non - intoxicating or intoxicating liquors. • The use, occupancy and construction of the building shall conform to the Minnesota State Building Code. • The building and method of operation shall comply with Minnesota State Statute 87A. • The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. • The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. • No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. • A written log of range users shall be maintained by the range operator and available for inspection by the City. The name and address of the user shall be verified by photo identification. The log shall include, but not be limited to the following: o Name, address and phone number of the range user. o Time and date the user was in the range. o If aged twenty-one (21) or more, a photocopy of the individual's permit to carry a dangerous weapon. • Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in an acceptable gun safe or other secure locking device. • On -site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of • Planning Commission • • June 7, 2011 Page 8 business and the conditions of safety and order in the place of business and on the premises. • Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at specific intervals and distributed to all range users to study and use. • The applicant shall provide and maintain proof of liability insurance which shall require the insurer notify the city manager in writing within ten (10) business days of cancellation of the policy, a change in the limit of the policy, and/or a change in policy ownership. Said policy shall be available for inspection by the city manager and/or his/her assigns at all times. • On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection. • An outside security plan for the general grounds shall be submitted to the city for review and approval. • The transport of firearms on the premises, to the premises, and from the premises shall conform to State Law. • Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. • In the Industrial Office Park District, retail sales and rental shall be limited to gun- related material and equipment with a maximum display area of 20 percent of the floor area. CODE AMENDMENTS In order to allow paintball courses or gun ranges, the following sections of the Chanhassen City Code will need to be amended: Section I 1-2 (f) Firearms: Provide exception for use of firearms at city approved paintball courses and gun ranges. Section 20-263.5 Conditional Use Permit Standards for Agricultural and Residential Districts: Add Paintball Courses. Section 20-298.5, Conditional Use Permit Standards for Business Office, Institutional and Industrial Districts: Add Gun Range, Indoor. Section 20-306.5, Conditional Use Permit Standards for Business Office, Institutional and Industrial Districts: Add Paintball Course Section 20-576 (Agricultural Estate District): Add Outdoor Paintball Courses as an interim use. Section 20-744 (Community Commercial): Add indoor gun range and indoor paintball course as conditional uses. Planning Commission • • June'7, 2011 Page 9 Section 20-812 (Industrial Park District): Add indoor paintball facility as conditional use. Section 20-814 (Industrial Office Park District): Add indoor gun range as a conditional use. DIRECTION Staff is requesting direction from the Planning Commission on bringing these amendments forward for public hearing and potential adoption. g:\plan\city code\issue paper\paintball and gun range.doc