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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