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Shakopee Board of Adjustments and Appeals
September 7, 2017
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Board of Adjustment and Appeals |
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| | | | | | | | Subject:
PUBLIC HEARING - Caselog #PC17-045: Conditional Use Permit Amendment request to allow the expansion of Sever’s Corn Maze, located in the Major Recreation (MR) Zone. |
| | | | | | | | Policy/Action Requested:
Offer a motion approving Resolution No. PC17-045, a resolution approving a Conditional Use Permit amendment for Sever’s Corn Maze in the Major Recreation (MR) Zone, with conditions as presented, and move its adoption. |
| | | | | | | | Recommendation:
Staff finds that this request would comply with required criteria provided the use complies with the listed conditions of approval; therefore, staff is recommending approval of Resolution No. PC17-045, a resolution approving a Conditional Use Permit amendment for Sever’s Corn Maze in the Major Recreation (MR) Zone, with conditions as presented. |
| | | | | | | | Discussion:
Site Information
Applicant: Sever’s Fall Festival and Corn Maze
Property Owner: Canterbury Development LLC/Canterbury Exchange LLC
Location: Northeast of 2449 Eagle Creek Blvd.
Current Zoning: Major Recreation (MR) Zone
Adjacent Zoning: North: Major Recreation (MR) Zone (Canterbury parking lot)
South: Urban Residential (R-1B) Zone (Gene Hauer Farm)
East: Major Recreation (MR) Zone (Canterbury Downs track)
West: Major Recreation (MR) (Gene Hauer Farm)/Light Industry Zones
Comp. Plan: Entertainment
Lot Size: 25 Acres
Introduction
Sever and Nicola Peterson, Sever’s Corn Maze, have made application for a Conditional Use Permit Amendment for property located north of 2449 Eagle Creek Blvd. and southwest of Canterbury Park race track. The subject site is 25 acres in size, is zoned Major Recreation (MR) Zone. A minor commercial recreation use is allowed in the MR Zone with the approval of a conditional use permit.
The site presently is utilized as a corn maze in the fall season, having received Conditional Use Permit approval in July, 1999 and an amendment in July, 2010. Presently, they are approved for activities consistent with those listed in their May 12, 2010 letter and the May 18, 2010 site plan (attached, along with Resolution No. PC10-013). They are approved to be open from mid-September until the first weekend in November, as well as during the week of the Minnesota Educator Academy’s conference (MEA’s, typically the 3rd week in October). The hours of operation represented in their letter are weekends from 10:00 a.m. to 6:00 p.m., and they were allowed an assortment of activities besides the corn maze (straw bale maze, pig races, magic shows, wildlife shows, petting zoo, pony and camel rides, food and beverages, giant slide, live music, hay rides and a pumpkin slinger).
The applicant contacted staff in 2012 regarding a change in their hours of operation and at that time staff stated their request was consistent with the approved Resolution. At this time, staff support clarifying this change in hours of operation and have included that specific language in the draft resolution.
Other items specifically being considered as part of this amendment is to include reference to the sale of alcoholic beverages and to allow a pumpkin cannon (howitzer) shooting device where previously permitted were pumpkin slingers (large slingshots that propel small pumpkins at targets).
Staff supports the distribution of alcoholic beverages for this property/event; however, the applicant shall verify/ensure that the appropriate liquor license has been approved by the City Clerk before distribution/consumption of alcohol on site can occur. Planning staff do not support the pumpkin cannon (howitzer) use for this site. The City has received complaints regarding the noise/frequency of discharge of these devices, and complaints from neighboring properties regarding pumpkin particulates being found on their properties. Previously, manually operated pumpkin slingers were approved, and staff believe incorporating those products at the site are an acceptable option. The applicant has submitted plans to show how they could attempt to alleviate the noise and particulates issues, but staff believe that the proximity of these cannons/howitzers to residential properties are inappropriate and not consistent with the criteria/findings by which the CUP is to be compliant with.
It should also be noted that with the recent platting of Canterbury Sixth Addition, additional public right-of-way (Shenandoah Drive) was dedicated to the City. The applicant should be mindful of that property line location, and ensure that no Corn Maze activities occur within that public property/right-of-way.
Considerations - Conditional Use Permit
City Code Section 151.044 (Major Recreation Zone) lists minor commercial recreation uses as a Conditional Use. Sections 151.011 and 151.013 lists specific standards which should be considered when deciding whether the subject use should be granted. Standard conditions are that the location be adjacent to an arterial or collector street and parking must be screened from adjacent residential zones. Staff finds that these two conditions can be met with this proposal. The property is adjacent to CSAH 16 and the parking area is screened via the corn maze and festival grounds from any adjacent residential zones.
Findings - Conditional Use Permit
The criteria required for the granting of conditional use permits (per City Code Section 11.85, Subd. 1) are listed below.
Criteria #l The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
Finding #1 The Board finds that the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity, provided the conditions identified in the resolution are met.
Criteria #2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2 The Board finds that the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses allowed in the area, provided the conditions identified in the resolution are met.
Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided;
Finding #3 The Board finds that adequate utilities, access roads, drainage, and other necessary facilities exist to serve the proposed use, provided the conditions identified in the resolution are met.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use;
Finding #4 The Board finds that the use is consistent with the purposes of the Major Recreation (MR) zone, provided the conditions identified in the resolution are met.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The Board finds that the proposed use is consistent with the purposes of the Comprehensive Plan, which guides the subject property for entertainment related uses.
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