Red Deer County residents embroiled in a fight over a proposed paintball park and their hired legal guns took their best shots at an appeal hearing on Friday.
Council chambers were packed with about 70 people on both sides of the issue for a marathon four-hour subdivision and development appeal board hearing on a proposal to build a paintball park on 5.5 acres about 25 km east of Red Deer just south of Delburne Road.
In July, the county’s municipal planning commission went against a staff recommendation in rejecting the rezoning application for the park by Jordan Pagacz, a professional paintball player who dreams of setting up a top-notch facility on part of a family-owned quarter section.
Many neighbours are strongly opposed to the paintball park, arguing it will be noisy, boost traffic and create a general nuisance.
David Smitten, a lawyer representing neighbouring landowners, argued the paintball facility is a commercial facility that should not be located in an agricultural area and does not comply with the land use bylaw. Even if the board decides the paintball facility is allowed under bylaw regulations, it should be rejected because of its potential impact on surrounding neighbours, he said.
Smitten was skeptical of Pagacz’s estimates that only 25 vehicles a day would be drawn to the facility. He noted plans for the park include a 75-stall parking lot, which suggests many more vehicles are expected.
That will impact one resident, Ada Fox, the most because a new access road to the site will be built only 15 metres from the home she has lived in for 64 years.
“It is logical to conclude the traffic will have a significant impact on Mrs. Fox,” he said.
Pagacz was also accused of running the paintball business at the site without the proper approvals. That suggests that any conditions imposed by the board on the operation may not be followed, he told the five-person appeal board panel.
Neighbour Donna Guynup said she allowed a paintball facility run by different operators on her land a number of years ago and the experience was not good. Paintball players, pumped up with “extreme adrenaline” roared down local roads, and there were problems with trespassing, crop damage and spooked animals.
Pagacz’s lawyer Scott Thurmeier said much of the opposition was not backed up with facts. Pagacz provided much more detailed information on noise and traffic levels and similar issues.
Thurmeier estimated the access road would be more than three times further from Fox’s house than opponents suggested. At any rate, the road must be built to meet Alberta Transportation regulations, whether the paintball park is built or not.
He dismissed concerns that local livestock would be bothered, noting that a neighbour whose cattle were pastured next to the paintball park during trial games paid no attention to the activity. Also, the county patrol investigated and found no evidence Pagacz was operating the paintball park as a business without the proper approvals.
No evidence was presented showing the facility would generate an excessive level of noise, he argued, pointing out all of the other neighbours were across Delburne Road. The board should not make a decision because one resident, Fox, may be affected by a neighbour’s activity.
The parking lot would be built for future growth but the intention is to keep the business at the levels anticipated in the application, he said.
Pagacz said he is just trying to build a facility to provide a safe venue for the fast-growing sport and said it won’t be a nuisance to neighbours.
About 40 supporters were in the audience and a number got up to speak in favour. The operator of a Ponoka paintball park said his facility has not drawn any complaints.
Red Deer resident Don Rogers, who has worked with paintball organizations across Canada and the U.S., said providing supervised facilities like the one Pagacz greatly reduces the chances of injuries among players.
The appeal board must release its decision within 15 days.
pcowley@www.reddeeradvocate.com