16-01 Findings of Fact CUP IUP Site PlanCITY 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.
2
7. 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.
fl 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/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.
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 5d' day of January, 2016.
CHANHASSEN PLANNING COMMISSION
BY.
Its Chairman
EXHIBIT A
The East halfoftheSoutheast Quarter (E'/z ofSE'/) 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 the North 26 acres oftheNorthwest Quarter
ofthe Southeast Quarter (N26AofNW'/ of SE'/)of Section35,Township 116,Range23,
containing in all 105.50 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 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 of Section 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 Highway purposes and described in
that certain Warranty Deed dated January 23, 1924 and filed forrecord in the office ofthe
RegisterofDeeds 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 ofMinnesotaforTnmkHighwaypurposesanddescribed 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.
�:1