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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