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PC Staff Report 01-05-2016PROPOSED 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/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 Recommendation." �o And O "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 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. BACKGROUND The subject site is south of the Minnesota Highway 101/Great Plains Boulevard and County Road 61 /Flying Cloud Drive intersection. The site is over 90 acres in area. The vast majority of the property is in the floodplain of the Minnesota River. This means the site is subject to periodic flooding. There is a creek (Assumption Seminary Creek) on site and a large wetland surrounding the subject site, which encompasses adjacent properties that are under the jurisdiction of the Department of Natural Resources (DNR). While the creek is not adjacent to the proposed paintball course site, branches of the creek arc 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 (1) 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 Golf Zone ZOA, NP, and VAR — Planning Case 2016-01 January 5, 2016 Page 5 of 19 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. 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 Airfields 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 paimball (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. 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 7of19 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 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 hi 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 Society for 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 PERMIT/INTERIM 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 (NP) 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 S t 20 366 t fll [ounty Road 61lftna Cloud Drive New Patio Area -. Recrea n Are ��.Gem y istin Building y$ Paintball Courses 1 ' w N i ec on - , s ructures, i , 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 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 7. F ...�- `ntllwl,�.. Image 7: Golf Lot Planning Commission 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 NP 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% 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 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, NP, 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 Signs CIO Nli More than 45 decrees 45 degrees or less Sign Face Sian 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 rimes 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 Golf Zone ZOA, IUP, and VAR — Planning Case 2016-01 January 5, 2016 Page 15 of 19 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. 8 feet Jam_ 8feet SENT &CENTEREVENT BIG CE 16 feet 10t R HEATED WINTER 1ND00�"�" HEATED, DRIVING RANGE 12 feet WINTER INDOOR ' DRpNGE MINI GOLF PAINT BALL yourgolhone.com {120 square feet) (96 square feet) (County Road 61/Flying Cbud Drive) r% h 1ty, s, N 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 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/hiterim 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. gAplan\2016 ph�g cmes\2016-01 golf zone iup vu waVge r[-2016-01 golf wne zoa_iup_var.doc 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/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 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 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. b) Is consistent with Chapter 20, Article H, 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. 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. 0 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/Interim 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 5th day of January, 2016. CHANHASSEN PLANNING COMMISSION BY: Its Chairman EXHIBITA The East halfofthe Southeast Quarter (E 112. ofSE '/) ofSection 35, Township 116 North of Range 23 West, excepting therefrom one half (%2) acre inthe Northeast Corner, 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'/) 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 of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South onthe 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 January 23, 1924 and filed forrecordin the office ofthe Register ofDeeds in and for Carver County, Minnesota onMarch 5,1924 at 11 o'clock A.M. and recorded therein inBook 33 of Deeds on page 5; also: Excepting therefrom aparcel of land sold totheState ofMinnesotaforTmnkHighwaypurposesanddescribed 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 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION VARIANCE IN RE: 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 6/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 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' day of January, 2016. CHANHASSEN PLANNING COMMISSION BY: Its Chairman EXHIBITA The East halfoftheSoutheast Quarter (E%of SE'/) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (%z) acre inthe Northeast Corner, being all that part lying North of the Chaska and Shakopee Road, also theNorth 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 105.50 acres; also excepting therefrom the following described parcel of land, to -wit: Commencing atapointin centerline East and West of Section 35,Township 116 North, Range 23 West which point bears West 30 rods from the Northeast corner of the Northwest Quarter ofthe 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 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 anddescribed in that certain Warranty Deed dated January 23, 1924 and filed forrecordin the officeofthe RegisterofDeedsin and for Carver County, Minnesota onMarch 5,1924 at 11 o'clock A.M. and recorded therein inBook 33 of Deeds on page 5; also: Excepting therefrom aparcel of land sold to the State ofMinnesota forTrunkHighwaypurposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5,1924 at 11 o'clock A.M. and recordedtherein inBook 33 ofDeeds onpage6. 3 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 Society for 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 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 25b 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 ) �D 1 C. C;L0 t(0 -o COMMUNITY DEVELOPMENT DEPARTMENT �� Planning Division – 7700 Market Boulevard Mailing Address – P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: 0=131115' PC Date: / 5lI CC Date: �� 60 -Day Review Date: f �' Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment .........................$600 ❑ Subdivision (SUB) ❑ Minor MUSA line for failing on-site sewers ...... $100 ❑ Create 3 lots or less.........................................$300 ❑ Create over 3 lots ...................... $600 + $15 per lot ❑ Conditional Use Permit (CUP) ( lots) ❑ Single -Family Residence.................................$325 ❑ Metes & Bounds ........................ $300 + $50 per lot ❑ All Others .........................................................$425 (_lots) 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) Notification Sign (City to install and remove) .......................... ❑ 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 Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ...................................................................................... $200 Property Owners' List within 500' (City to generate after pre -application meeting).................................................Viper address (67 addresses) Escrow for Recording Documents (check all that ap y).......................................................................$50 per document ❑ Conditional Use Permit Interim Use Permit ❑ Site Plan Agreement ,-, ❑ Vacation 7i Variance El Wetland Alteration Permit F] Metes & Bounds Subdivision (number of deeds to be recorded: _) 00 �� TOTAL FEE: pi 40a Description of Proposal: Property Address or Location: t9 � Parcel #:-r0351J� Legal Description: _ Total Acreage: Wetlands Present? )4 Yes ❑ No Present Zoning: {Q— E5lag ire Requested Zoning: NA Present Land Use Designation: Requested Land Use Designation: 14 P% Existing Use of Property: �j Check box is separate narrative is attached. SCANNED 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. further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: 2't t �k tr^0 ✓-N Contact: Address: �� {�� ' fwd 4 / Phone: City/State/Zip: G(nksds n11V1 Cell: 621Z Email: , ) dto 5t -r-0 r-- S 0 (01-" ax: Signature:cq Date: IZ'I 1 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: 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, horseshoes 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 SCANNED 9 30 l� _,Nnbba IvvId els 29e6 _ _. ti bN n11JJ. Nnd NOI: tlAtl3`.3tld 33tl1 •ONI N33HEJ VWH3d / SSH VlOS3NNN 'N3SSVHNVHO H31N3O 1N3VQAOUdNl 3100 SSH NO 1. `QallY)J V950a3 R 'JNI(7Y1f' I / ?3F5 •yid ' 3340XVHS P T ©EZt 1.303 I j GOOIe -el .l 0.91 'r I sse,-s.. :•>� ..;sire. rw.a�.n '.s. vers av n.urx sl.. •ONI 891VIDOSSV (INV NOSU30NV Y H300H b p53MR11 y'1 1b1l 3Nl 33 SMVI 3ry1 tl3QVn a3R19N3 1rM65ifJEd 43a3:5c1]b .L10 b Nv 1 ltlui mlr N05uebf4 lJ3aIC 1n a30x1IRW N •9 O3atldhb Sby NY Ie SW irNy JJYbD u6)C3+ i aaldlb� salads, ,�I/j ldiM NOu73N113G GNOL Q2[ftaFll�� /_ ON3d 13N 6KSS Nn 'Ybg3 6KM 3xV1 IW13N ONIQ ! _ E ?bolo! w SIINp dMStl3Nlnd v80 Od:.3! 3J a3N110 a1a3dOda � I fir. 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M 0m6 s 0 IM3a 53Ovd9 ONI2l, 1 smlo0 n1I 0maa3 ,d - sroNa3an x 99 .3aV SnONb3dni ZZO (9018) 35Vb350J 316 Y US e4e ryi / 331dA b01tl) 738, W l3 MS ' " 325 l3Jard -,WD, 35n awn x3 O.N 2 x3 ,H 1 0 0 i �1 I I I 1 II II � I I I III I I I _ C� �j'L4 I •' ° ... j3iJMKIE / PJ31NI(f� 3 NA 13N ?431N1(1I Nf �c or ■ le I I I I e \ E 11 - Z 11 mI ------ % —N �Ng3 13N \1 •95 L / 273011 . L♦ N — JIM 8 H011d 39 mm« i� ' --� — _ \ 03TJy NOI�V°JI11W GN7-:i°nI 1 I i 1 ' (�� n�� • ♦ -� . 61133a�i Wlb 3t31Jnb16NMJ I - ! .N`�. V33J9 a 331 dile �,, I 1 I. N Lo 1 iii ❑31N341MOW ' I J31Ab3F •ASh4 11 NG1Y3N l3C CNP -_301-/ % �J 1 1 dVW NOIlb00-. � I w^ ab3d02'Id ♦ 63aA ®E 173tOMd .T96detld :63bA 06 FIs 31.6 0 cn a O a O.0 -o O a) �Q �Q a N C N C N C r Lr xIL L xa r l xa v x 'rn x 'rn x '(3) bo 6 ao ❑ ao ❑ 1�W W S. WCD W v OOpm den mo r? Q N WZZZZO �O � •� � Q C SOA W � O r a N N 'a L Q — Q c C O aCo 0) C: Y 6 N � C O _ aM o �t .Ol a C N 'aa aj r d O N X C U 7 CD 0 � 00 > ^ O x O�aW 4 S. den giz 7� E s a w Col q m _ c y 05E \ ( � �± N 2 O � 3 1� ::, I . 6 i — Document W OFFICE OF THE :: A 453%8t) COUNTY RECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 Check #: 16526 Certified Recorded on 11A5-2006 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 Golt LLC (the 'Developer"). l 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for (referred to in this Permit as the "projecV). 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 famish 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. SCANNER 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. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank or cash escrow ("security") 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 pians 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 square -foot building area Variance from the 800 square -foot building area restriction for the golf driving range principal structure and a second variance request for the use of steel paneling as the primary exterior material 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. 2 e. Landscape plan shall be revised to include 3 landscaped islands or peninsulas and 6 overstory trees for the parking lot. f. The applicant will be responsible for applying for and obtaining changes to the FEMA flood plain maps to reflect developed conditions. The applicant shall further 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 41/2 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. MnDOT is recommending that the driveway be widened. A permit from MuDOT 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. 1. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army. Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. m. No berming, drainage improvements or landscaping will be allowed within Trunk Highway 212 right-of-way. n. The plans shall be modified as follows: 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 corner of the site. 6. 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 stone 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 FFE of the existing building. x. Delete or update the note on the plans that state the FIFE of the 1 n 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 ISTS 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 fagade. 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 #48-1 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 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. f. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before accepting the utilities and will charge the applicant $20 per sign. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and incorporated herein. '+J!!l!� I. -WA (SEAL) FAN I -IM STATE OF MINNESOTA ) Gerhardt, City Manager Snow or Shine Golf, LLC e/" (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thisf s� day of N61ery. /, 2006, 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 �' LcJtJJ TARY PU LIC IRMy KIM T. MEUWISSENNotary Public-MrnnxSota6 Commission Expires Jen 01.2010 STATE OF MINNESOTA ( ss. COUNTY OF Oct k d E IQ- Ile Q The ore oininstrument was ackn wledged before me tbis3lA�xlay of pale 2000by �")' � Jeff Uelstxbrn, the Chief Manager of Rain, Snag or Sh' Golf, LTC, a Minnesota limited ty the companye � cia�n�pany"iAbehalq NOTARY PUBLIC �-� KAREN M. LARSON NDTARYPUSLIC-mmsoTA W Comm. Exp, Jan, 31, Yoto DRAFTED BY: Campbell Knutson Professional Associates 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 (651)452-5000 •,. EXHIBIT A The East half of the Southeast Quarter (E %2 of SE/4) of Section 35, Township 116 North of Range 23 West, excepting therefrom one half (%2) 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 '/< 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 West 30 rods from the Northeast comer of the Northwest Quarter of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post, thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said road to place of beginning situated in the Northwest Quarter 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 Tnmk Highway purposes and described in that certain Warranty Deed dated January 28, 1924 and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6. 13 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on 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 thisi��day ofJ)2Ce m bzr , 2015. Notary ililic/ KIM T. 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