HomeMy WebLinkAbout6.l. Interim Use Permit for Adventure Zone 2004-2007CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: May 18, 2004
AGENDA ITEM: 2004 -2007 Interim Use Permit for Adventure
AGENDA SECTION:
Zone
Consent
PREPARED BY: Kim Lindquist, Community Development
AGEND NO.
Director
ATTACHMENTS: Draft Resolution with 2004 -07 draft permit
(Exhibit A), Site Map, Draft 4/27/04 Planning
Commission Minutes, 1999 Interim Use Permit
APPROVED BY•
Renewal and Planning Commission Report and
Minutes, City Council Minutes
RECOMMENDED ACTION: Motion to adopt a resolution approving renewal of the 2004-
2007 Interim Use Permit for Adventure Zone.
ACTION:
ISSUE
The applicant, Adventure Zone, is requesting renewal of their interim use permit to allow -
continuance of commercial outdoor recreational use in a General Industrial District. The
commercial outdoor. recreational use is a paint ball playing area.
BACKGROUND
Applicant & Property Owner(s): J.C. Nordberg, Inc. / Endrus Processing
Location: North of TH 55 between Endrus Processing and Spectro
Alloys
Area in Acres: approx. 15
Comp. Guide Plan Desig: General Industrial
Current Zoning: General Industrial
The Adventure Zone is a paint ball game area located on the north side of TH 55. Recently
the City noticed that their Interim Use Permit (IUP) had lapsed and that they should reapply
since they are still in operation. The City approved an IUP renewal in 1999, which was
approved for a three -year period. The Adventure Zone has been operating under an IUP
since 1994.
PLANNING COMMISSION
The Planning Commission held the public hearing on this item at their April 27, 2004 meeting.
There was no one present, including the applicant, to discuss this item. The Commission
unanimously recommended approval of the interim conditional use permit.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 -
A RESOLUTION APPROVING THE 2004 -2007 INTERIM CONDITIONAL USE
PERMIT FOR J & C NORDBERG dba ADVENTURE ZONE
WHEREAS, the Community Development Department of the City of Rosemount received an
application from J & C Nordberg dba the Adventure Zone requesting approval of an Interim Use
Permit renewal for continued operation of the Adventure Zone paintball fields, located at 13420
Courthouse Blvd., legally described as:
That part of the Northwest Quarter of Section 20, Range 18 West, Township 115 North lying north of the right -of-
way for State Trunk Highway 55 and east of the Pine Bend Branch Railroad rightof- -way.
WHEREAS, on April 27, 2004, the Planning Commission of the City of Rosemount reviewed
the request for approval of an Interim Use Permit renewal for Final Plat for J & C Nordberg dba
the Adventure Zone for continued operation of the Adventure Zone paintball fields; and
WHEREAS, the Planning Commission of the City of Rosemount found the operation primarily
consistent with the previous Interim Use Permit as it was approved; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the renewal of the Interim Use Permit for J & C Nordberg dba Adventure Zone subject
to the conditions in the 2004 -2007 Interim Use Permit (Exhibit A); and
WHEREAS, on May 18, 2004, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the 2004 -2007 Interim Use Permit for J & C
Nordberg dba Adventure Zone; and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the 2004 -2007 Interim Use Permit for continued operation of the Adventure Zone
paintball fields, subject to the conditions listed in the 2004 -2007 Interim Use Permit (Exhibit A).
RESOLUTION 2004 -
ADOPTED this 18' day of May 2004 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
EXHIBIT A
2004 -07 Interim Use Permit Conditions for
The Adventure Zone
Commercial Outdoor Recreation Use located in the General Industrial District
This Interim Use Permit (IUP) is valid only for that part of the Northwest Quarter of Section 20,
Range 18 West, Township 115 North lying north of the right -of -way for State Trunk Highway 55
and east of the Pine Bend Branch railroad right -of -way.
I . This permit shall be in effect for the calendar years of 2004, 2005, 2006, and 2007,
from January 1, 2004 to December 31, 2007.
2. This permit shall be reviewed prior to renewal in 2007 for conformance with these
conditions. Thereafter the City Council will determine the appropriate time interval
for the subsequent renewal procedure.
3. Violation of any specified IUP condition or otherwise unlawful activity may result in
immediate revocation of the IUP.
4. All site improvements shall be reviewed by the City Engineer for approval prior to
completion in accordance with City standards including grading permits.
5. The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
6. No parking is allowed in the Minnesota Department of Transportation (MnDOT)
State Trunk Highway (STH) 55 right -of -way.
7. All permits required by other applicable agencies must be obtained and copies
submitted to the City. This requirement includes any MnDOT permits affecting the
STH 55 right -of -way.
8. All development and dimensional standards of the zoning ordinance apply to future
improvements with the exception of paving requirements.
9. Parking areas must consist of a minimum of six (6) inches of compacted, crushed
limestone or other such material acceptable to the City Engineer, and shall be
maintained accordingly.
10. The driveway shall be combined with the approved Endrus Processing driveway, and
shall not impact or encroach upon the STH 55 ditch. The site and STH 55 ditch shall
be maintained free of litter as a requirement of the IUP.
11. All structures must conform to the Uniform Building Code and City of Rosemount
Zoning Ordinance requirements for materials and aesthetics.
12. Conformance with Dakota County Health standards for portable sanitary facilities.
13. Conformance with the City of Rosemount Sign Ordinance.
Excerpt from the Regular Planning Commission Meeting of April 27, 2004
6D. CASE 04- 22 -ICUP Adventure Zone — Interim Conditional Use Permit
Director Kim Lindquist presented the application of the Adventure Zone, for renewal of
their interim use permit to allow continuance of commercial outdoor recreational use in a
General Industrial District. The commercial outdoor recreational use is a paint ball
playing area.
The Adventure Zone is a paint ball game area located on the north side of TH 55.
Recently the City noticed that their Interim Use Permit (IUP) had lapsed and that they
should re -apply since they are still in operation. The City approved an IUP renewal in
1999, which was approved for a three -year period. The Adventure Zone has been
operating under an IUP since 1994.
The operation has not changed from that previously reviewed by the City. In checking
with the Police Department there have been no complaints registered regarding the
operation of the business. The operator, Jim Nordberg, has requested that the hours of
operation be expanded somewhat to permit some nighttime play. The previous permit
allowed operation between 8:00 am and sunset. The new recommended permit allows
operation until 10:00 pm.
Given that there are not modifications to the operation of the recreational use (excepting
the minor time change), or complaints about the business, staff is recommending a permit
consistent in conditions to what has been previously approved. The draft permit is
attached for the Commission's review. In addition, staff is recommending the permit be
approved for another 3 -year period. If, during that time, issues arise, the City can initiate
a review based upon the conditions approved or other violations of the city's zoning
ordinance.
Chairperson Messner invited the applicant to comment. No comments were made.
Chairperson Messner opened the public hearing. No public comments were made.
MOTION by Powell to close the public hearing. Second by Humphrey Ayes:
Humphrey, Powell, Schultz, Zurn, and Messner. Nays: None. Motion carried.
MOTION by Powell to recommend approval of the Adventure Zone's Interim
Use Permit with conditions outlined in the Interim Conditional Use Permit.
Second by Zum. Ayes: Powell, Schultz, Zurn, Messner, and Humphrey. Nays:.
None. Motion carried.
This item will proceed to City Council for final action on May 18, 2004.
1999 -2002 Interim Use Permit Conditions for
The Adventure Zone
Commercial Outdoor Recreation Use located in the General Industrial District
This Interim Use Permit (IUP) is valid only for that part of the Northwest Quarter of Section 20,
Range 18 West, Township 115 North lying north of the right -of -way for State Trunk Highway 55
and east of the Pine Bend Branch railroad right -of -way.
1. This permit shall be in effect for the calendar years of 1999, 2000 and 2001, from January 1, 1999
to December 31, 2001.
2. This permit shall be reviewed prior to renewal in 2002 for conformance with these conditions.
Thereafter, the City Council will determine the appropriate time interval for the subsequent
renewal procedure.
3. Violation of any specified 1UP condition or otherwise unlawful activity may result in immediate
revocation of the 1UP.
4. All site improvements shall be reviewed by the City Engineer for approval prior to completion in
accordance with City standards including grading permits.
5. The hours of operation shall be limited to 8:00 a.m. to sunset.
6. No parking is allowed in the Minnesota Department of Transportation (MnDOT) State Trunk
Highway (STH) 55 right -of -way.
7. All permits required by other applicable agencies must be obtained and copies submitted to the
City. This requirement includes any MnDOT permits affecting the STH 55 right -of -way.
8. All development and dimensional standards of the zoning ordinance apply to future improvements
with the exception of paving requirements:
9. Parking areas must consist of a minimum of six (6) inches of compacted, crushed limestone or
other such material acceptable to the City Engineer, and shall be maintained accordingly.
10. The driveway shall be combined with the approved Endrus Processing driveway, and shall not
impact or encroach upon the STH 55 ditch. The site and STH 55 ditch shall be maintained free of
litter as a requirement of the IUP.
11. All structures must conform with the Uniform Building Code and City of Rosemount Zoning
Ordinance requirements for materials and aesthetics.
12. Conformance with Dakota County Health standards for portable sanitary facilities.
13. Conformance with the City of Rosemount Sign Ordinance.
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
Planning Commission Meeting Date: February 9, 1999
AGENDA ITEM: Interim Use Permit Renewal: The
Adventure Zone
AGENDA SECTION:
Public Hearing
PREPARED BY: Rick Pearson, City Planner
AGENDA NO. 8D
ATTACHMENTS: Exhibit A, Proposed Interim Use Permit
APPROVED BY:
Conditions
Applicant: J.C.Nordberg, Inc.
Location: North of TH 55 between Endrus Processing and Spectro Alloys
Property Owner(s): Endrus Processing
Area in Acres: Approx. 15
Comp.Guide Plan Desig: General Industrial
Current Zoning: General Industrial
SUMMARY
The Adventure Zone is a paintball game area located on the north side of TH 55 across from
Safety -Kleen (Laidlaw /USPCI). Mr. Nordberg is requesting renewal of the Interim Use Permit
(IUP). The Rosemount Police records indicate that no complaints have been made regarding the
paintball games.
Previously, the IUP had been reviewed on a two -year sequence, after issues with the previous
owner had been resolved. Endrus processing now owns the property and leases a portion of the
undeveloped portion of the site to the Adventure Zone. The Endrus facility utilizes about 1/4 of
the 54 acre site.
The proposed conditions of the IUP are based upon the original conditions developed in 1994 for
The Adventure Zone, and Splatball, Inc. The Planning Commission may consider expanding the
lifespan of the renewed IUP to three or even five years. As with other such permits, steps can
be taken to revoke the IUP at any time there is unlawful activity such as a violation of the
conditions or the zoning ordinance.
RECOMMENDED ACTION:
Motion to recommend that the City Council renew the IUP for the Adventure Zone for a period
of two years.
Ex�n►jT �
LjRAF
1999 -2001 Interim Use Permit Conditions for
The Adventure Zone
Commercial Outdoor Recreation Use located in the General Industrial District
This Interim Use Permit (IUP) is valid only for that part of the Northwest Quarter of Section 20,
Range 18 West, Township 115 North lying north of the right -of -way for State Trunk Highway 55
and east of the Pine Bend Branch railroad right -of -way.
l . This permit shall be in effect for the calendar years of 1999 and 2000, from January 1, 1999 to
December 31, 2000.
2. This permit shall be reviewed prior to renewal in 2001 for conformance with these conditions.
Thereafter, the City Council will determine the appropriate time interval for the subsequent
renewal procedure.
3. Violation of any specified IUP condition or otherwise unlawful activity may result in immediate
revocation of the IUP.
4. All site improvements shall be reviewed by the City Engineer for approval prior to completion in
accordance with City standards including grading permits.
5. The hours of operation shall be limited to 8:00 a.m. to sunset.
6. No parking is allowed in the Minnesota Department of Transportation (MnDOT) State Trunk
Highway (STH) 55 right -of -way.
7. All permits required by other applicable agencies must be obtained and copies submitted to the
City. This requirement includes any MnDOT permits affecting the STH 55 right -of -way.
8. All development and dimensional standards of the zoning ordinance apply to future improvements
with the exception of paving requirements,
9. Parking areas must consist of a minimum of six (6) inches of compacted, crushed limestone or
other such material acceptable to the City Engineer, and shall be maintained accordingly.
10. The driveway shall be combined with the approved Endrus Processing driveway, and shall not
impact or encroach upon the STH 55 ditch. The site and STH 55 ditch shall be maintained free of
litter as a requirement of the IUP.
11. All structures must conform with the Uniform Building Code and City of Rosemount Zoning
Ordinance requirements for materials and aesthetics.
12. Conformance with Dakota County Health standards for portable sanitary facilities.
13. Conformance with the City of Rosemount Sign Ordinance.
Planning Commission
Regular Meeting Minutes
February 23, 1999 DRAFT
Page 7
Public Hearing: The Adventure Zone Interim Use Permit Renewal
Chairperson Droste opened the public hearing for The Adventure Zone Interim Use Permit
Renewal. The recording secretary has placed the Affidavit of Publication and Affidavit of
Mailing and Posting of a Public Hearing Notice on file with the City.
Mr. Pearson presented the application by The Adventure Zone to renew its Interim Use Permit.
Previous problems experienced with a previous owner have been resolved. Mr. Pearson
requested the Planning Commission consider extending the lifespan of the renewed IUP.
Chairperson Droste opened the floor to the applicant. Mr. Nordberg indicated an extension of
the term of the IUP would allow long -term planning.
Chairperson Droste opened the floor to the public. There were no comments.
MOTION by Droste to close the public hearing. Seconded by Tentinger. Ayes: Shoe - Corrigan,
Weisensel, Klassen, Tentinger, and Droste. Nays: 0. Motion carried.
Commissioners discussed extension of the renewal period for the IUP.
MOTION by Weisensel to recommend that the City Council renew the IUP for the Adventure
Zone for a period of three years. Seconded by Tentinger. Ayes: Weisensel, Klassen, Tentinger,
Droste, and Shoe- Corrigan. Nays:0. Motion carried.
ROSEMOUNT CITY PROCEEDINGS
REGULAR MEETING
MARCH 2, 1999
Pursuant to due call and notice thereof a regular meeting of the Rosemount City Council was
held on Tuesday, March 2, 1999, at 7:30 p.m. in the Council Chambers at City Hall.
Mayor Busho called the meeting to order with Councilmembers Cisewski, Carroll and Edwards
present. Councilmember Wippermann was absent. Also in attendance were City Attorney
LeFevere, City Administrator Burt, Public Works Director Osmundson, Community
Development Director Rogness and Parks & Recreation Director Topitzhofer.
City Clerk Susan Walsh led the Pledge of Allegiance.
There were no additions or corrections to the Agenda.
Play d Ci
uipment Contracts for City Parks
Parks & Recreation Director Jim Topitzhofer presented a recommendation to purchase Flanagan
Sales play equipment for Biscayne Park, Central Park, Claret Park and Family Resource Center.
Mayor Busho and Council thanked the members of the selection committee for their time and
input on this process.
MOTION by Cisewski to approve the play equipment contracts with Flanagan Sales for
Biscayne Park, Central Park, Claret Park and Family Resource Center. Second by Edwards.
Ayes:
Cisewski, Busho, Carroll, Edwards. Nays: None. Motion carried.
Consent Agenda
MOTION by Edwards to approve the consent agenda. Second by Cisewski. Ayes: 4. Nays:
0. Motion carried.
a.
Minutes of February 16, 1999 Regular Council Meeting
b.
Minutes of February 11, 1999 Committee of the Whole Work Session.
C.
Approval of Bills Listing
d.
Donation Account Expenditure for Police Department
e.
Encumbrance of 1998 Budget Items Forward to 1999
f.
Sergeants Labor Agreement for 1999 -2001
g.
1999 Salary Adjustments and Benefits for Nonunion Employees
h.
Appointment of Fire Department Secretary
i. -
Solid Waste Haulers License
j.
Receive Plans & Specs /Order Ad for Bids - Rosemount Commons Street & Utility
Improvements, City Project 300
k.
Receive Plans & Specs /Order Ad for Bids — Wensmann 12` Addition Street & Utility
Improvements, City Project 287
1.
m.
Transfer of Ownership from Marcus Cable to Vulcan Cable
Interim Use Permit Renewal: The Adventure Zone
n.
Approve Final Plat & Subdivision Agreement — Shannon Pond South, City Project 288
o.
Receive Feasibility Report/Approve Project/Order Plans & Specs — McNamara Addition,
Phase 2 Street &Utility Improvements, City Project 304
P.
Order Feasibility Report for Rosemount Business Park, Phase 2 Street & Utility
Improvements, City Project 308
q.
Receive Bids /Award Contract — Shannon Pond South Street & Utility Improvements,
City Project 288