HomeMy WebLinkAbout6. Adventure Zone Imterim Use Permit Termination , ' 1 ' City of Rosemount II
Executive Summary for Action '
City Couacil Meeting Date: January 17, 1995
Ageada Item: The Adventure Zone Interim Ageada Sectioa:
Use Permit Termination PUBLIC HEAR.ING
Prepared By: Richard Pearson Agend�,� a ; �
Assistant Planner M � �
Attachmeats: Conditions; Correspondence; Approved By:
1993 Permit; "Rosemount City
Council Notes".
The Adventure Zone is a paint ball game commercial use curr ntly permitted
as an interim use (IUP) in the General Industrial District across from
U.S.P.C. I. on the north side of TH 55. On December 13, 1994 the Planning
Commission recommended that the IUP be terminated because of non-compliance
with several of the conditions of the permit.
BACKGROUND: The Adventure Zone and another paintball use had previously
operated under permit from the City Clerk for several years. The permit was
seasonal in nature and structured for uses or events that could be conducted
on undeveloped property.
In 1993, a request was made to expand the permit to include winter games.
At that time, the validity of a seasonal permit was reassessed because of
intensification of the use and the apparent impact of the activity on the
site. Erosion resulted from traffic and parking, pallets and debris
accumulated on the site related to the games and an 80 foot trailer had been
parked.
The trailer was and is apparently being used for equipment rental,
concessions and admissions. The Building Inspections department considers
the occupancy to be commercial, and not in compliance with the uniform
building code. In any event, such trailers are prohibited by the zoning
ordinance unless related to ongoing construction.
NON-COMPLIANCE ISSUES: The IUP was granted with 13 conditions. Some of the
conditions require site work to counter the effects of erosion, accommodate
traffic and parking, clean up the site and either bring the trailer into
conformance with the uniform building code or remove it from the site.
To date, no effort has been made to address the following issues:
1. No crushed rock or alternative has been imported to the parking area to
counter the effects of erosion. (per condition #9) ;
2 . No improvements have been made to the entrance at TH 55 in accordance
with MnDOT specifications. (per condition #10) ;
3. No attempt has been made to either bring the trailer into conformance
with the uniform building code or have it removed. (per condition #11) .
Recommended Action: After the public hearing has been conducted, A
MOTION to direct staff to prepare findings of fact that will support
the termination of The Adventure Zone Interim Use Permit.
City Council Action:
;
01-17-95.002
, � ,
E�ibit A
1994 Interim Use Permit Conditions
for '
The Adventure Zone
A Commercial Outdoor Recreation Use located in the General Industrial D+istrict
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
5tate Trunk Highway 55 and east of Pine Bend Branch railroad right-of-way.
1. This permit allows the operation of an interim use with modifications to standards
specified by the City of Rosemount Zoning Regulations as approved by resolution
adopted by City Council on April 19, 1994.
2. This permit shall be reviewed prior to renewal in 1995 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 ILTP condition or otherwise unlawful activiry may
result in immediate revocation of the IUP.
4. Site improvements, as required, must be completed and accepted by the city
engineer within sixty (60) days of the date of City Council approval.
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 (MnDO'1�
State Trunk Highway (S1� 55 right-of-way.
7. All permits required by other applicable agencies must be obtained and copies
submitted to the City. This requirement includes MnDOT driveway/access
permit to STH 55.
8. Conformance with setback and dimensional standards with variance to front yard
setbacks granted only for the puipose of preserving existing vegetation.
_ 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.
10. The entry drive must be thirty-two (32) feet wide, in conformance with MnDOT
requirements and a culvert must be installed, if required by MnDOT, to facilitate
ditch runoff.
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.
r � �
CITY OF ROSEMOIINT
DAKOTA COIINTY, MINNI3SOTA
RESOLIITION 1994-
A RESOLIITION APPROVING THE
ADVENTtJRE ZONE 1994 INTERIM IISE PERMIT WSICH
SETS OIIT T8E CONDITIONS FOR OPER.ATION OF TSE PAINTBALL
RECREATIONAL IISE IN THE GENERAI� INDUSTRIAL DISTRICT
WHEREAS, the City of Rosemount has received an application for
an Interim Use Permit from Mr. Brett Harvey and Mr. Wayne
Fasson, The Adventure Zone, pertaining to property generally
located in the Northwest Quarter of Section 20, Range 18,
Township 115 lying north of the right-of-way for State Trunk
Highway 55 and east of the Pine Bend Branch railroad right-of-
way; and
T�HEREAS, the Planning Commission of the City of Rosemount has
reviewed and approved The Adventure Zone site plan subject to
conditions as stated in the 1994 Interim Use Permit Conditions
for The Adventure Zone; and
WHEREAS, the City Council of the City of Rosemount scheduled a
public hearing according to law and held on the 19th day of
April, 1994 to consider The Adventure Zone Interim Use Permit.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the 1994 Interim Use Permit for The
Adventure Zone subject to the conditions hereby attached as
Exhibit A.
ADOPTED this 19th day of April, 1994 .
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor•
Voted against•
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January 5, 1994
Brett Harvey
The adventure Zone
1826 SSth St. E.
Inver Grove Heights, MN 55077
Dear Mr. Harvey:
On December 13, 1994, the City of Rosemount Planning Commission discussed the issue of
your noncompliance with conditions of the Interim Use Permit. At the meeting, your
concerns and protestations were forwarded to the Planning Commission for consideration.
The Planning Commission were given a brief overview of the issues along with copies of
previous correspondence to you from Paul Heimkes, Building Inspector and myself.
The Planning Commission passed a motion in support of termination of the ILTP because of
the amount of time that had elapsed since you were not�ed of the non-compliance issues and
the fact that no attempt had been made to respond or address the issue.
The Planning Commission recommendation will be forwarded to the Ciry Council for their
consideration at a public hearing which will be conducted at 8:00 p.m. or soon thereafter on
January 17, 1995 in the City Council chambers at City Hall, 2875 145th Street West.
If you have any questions, I can be reached at 322-2052. If you can not attend the meeting,
I would encourage you to send a letter to the Mayor and City Council which will be entered
into the record.
Sincerely,
Richard Pearson
Assistant Planner
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conraining)a�:
rasttonwmer mafenals.
gegular Planning Commission vleeting vlinutes � " ,
Dcccmber 13, 1994
Pagc Two
lyn Cope, property owner, and �fr. Gene Peterson, consultant, were pcesent in the audience and
� answer verzl questions from the Commission. Assistant Planner Pearson advised that find' gs can
bc made in s ort of the Cope Pianncd Unit Dcvelopment to legitimizc the auto-rcLzted on-
conforming use o e property and that these findings be forwarded to City Council approval of
the Rnal PUD.
MOTION by Ingram to cecom d to City Council approval of the Com rcial Planned Unit
Development for 14760 South Rabe rail with the following conditi : 1) outdoor storage of parts,
debris, trash and junk, or inoperable velu shall be prohibited ' accordance with Section 4.9 of the
Zoning Ordinance. An opaque feneed enclosur hall be loc in the southeast corner of the
building for dumpster container storage and constru ' n materials compatible with the principal
building; 2) executed Easement Agreements betwee 1 ies sharing access, circulation, and
' parking, in addition to drainage and utility ease ts that s e recorded along with property title
documents at the Dakota County Recorder's ce; 3) access, circ 'on, grading, and utility plans
and easements approved and accepted by e city engineer; 4) the pedes ' n door located on the
southern building elevation must be tected by curbing from vehicular t • S) posting of a
security in a form acceptable to th ity Administrator for site improvements, inc ing on-site curb
and gutter, landscaping, pavin , and striping; 6) the property shall be replatted and r orded with
Dakota County which incl es property acquired from the railroad in the Cope Commerci Planned
Unit Development whi guarantees access to the rear of the principal building; 7) Park De i tion
will be required u ss waived by City Council; 8) the sign plan, as presented, establishing the de ign
and location fo wall signs that will henceforth be permitted for the building with an adjustment to
the pylon ground sign to maintain a minimum of three (3) feet of clearance from any curb that is
othe ' in conformance with Section 10 of the Zoning Ordinance; and 9) all improvements shall
co rm with applicable building and fire codes. Second by Tenringer. Ayes: Ingram, Droste,
ntinger. Nays: 0.
ADVENTURE ZONE INTERI�i USE PER�IIT(IL�P)1�RbIINATTOAt
On April 19, 1994 the City Council granted Interim Use Permits to two paintball commercial
recreation uses, with conditions. The Adventure Zone has failed to comply with the conditions of the
NP. Assistant Planner Pearson reviewed the chronology of events that have occurred in the City's
efforts to worlc with The Adventure Zone personnel in an attempt to bring them into complinnce with
their NP with the first attempts by staff being made in August 1994. As of this date there as been no
action or response on the part of the o�vners even to minor issues. Charlie I.eFevere, legal counsel for
the City, has reviewed all the information pertinent to this permit and has recommended that City staff
initiate a revocation process. The ILZ' section of the Zoning Ordinance refers to termination of the
It7P upon violation of the conditions under which the permit was issued.
Planning staff has heard from the ownen of The Adventure Zone who have indicatcd that they were
not property informed of the proposal for tennination of tlieir pennit and has asked that the Pl�nning
� Commission continue review of ttus issue at a future meeting to allow the owncrs the opportunity to
defend their position. Planning staff feels that "due process'" has been scrved to the o�vners and thcy
� have had ample opportunity to comply or respond to staf�'s revocation proposal. It was noted that thc
owners wi11 be provided the opportunity to respond to tlie proposal at a public hearing cequired to bc
held by City Council.
1410TION by Tentingcr to rccomsncnd to City Council tcrmination of The Adventure Zonc Intcriin
Use Permit (ItTP) due to noncompliance with the 1994 NP Conditions. Second by Droste. Ayes:
Droste, Tentinger, Ingram. Nay�s: 0.
11�fOTION by Tentinger to recommend that City Council schedule a public hearing to hear public
tcstimony regarding tlie termination of The Advcnture Zone Interim Use Pennit. Second by Drostc.
Ayes: Tcntingcr, Inaram, Drostc. N1y-s: 0.
. � ' - City of Rosemount
Executive Summary for Action
Planning Commission Meeting Date: December 13, 1994
Agenda Item: Adventwre Zone Interim Use Permit (IUP) Agenda Section:
Termination OLD BUSINESS
Prepared By: Richard Pearson Agenda No.:
A.ssistant Planner ITEM NO. 5B.
Attachments: 1994 IUP Conditions; Correspondence. Approved By:
/��M
On April 19, 1994 the City Council granted Interun Use Pennits (IUPs) to two paintball commercial
recreation uses, with conditions. One of the businesses failed to comply with the conditions of the
IUP. Several letters and phone conversations were unsuccessful attempts by the City to achieve
compliance.
The only attempt to address the issue by the Adventure Zone was a packet of inforrnatian relating to
the temporary licensing that pre-dated the IUP accoYnpanied with suggestions that soine legal action
may be talcen.
Mr. Charlie LeFevere, the City's Attorney, spent some time reviewing the information and
recominended that the City staff initiate a revocation process. The IUP section of the zoning
ordinance refers to termination of the IUP upon violation of the condition under which the permit
was issued. This will be the recommendation forwarded to the City Council for consideration after a
public hearing is conducted.
Recommended Action: A MOTION to recommend to City Council the tennination of the
Interuii Use Permit (IUP) for the Adventure Zone because of noncoinpliance with the IUP
Conditions.
-AND-
A MOTION to recommend tllat the City Council set a date for a puUlic hearing to hear
testi�nony regarding the tennination of the Adventure Zone Interun Use Perniit.
Planning Commission Action:
12-13A4A04
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CI TY O F RO S E M O U N T ze�5-,45�h SiT�t W�t
P.O.Box S i 0
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\���.a��:- Phone:612-423-4411
- Fax:612-423-5203
December 9, 1994
Mr. Brett Harvey
The Adventure Zone
1826 SSth St. East
Inver Grove Heights, MN 55077
RE: Interim Use Permit
Dear Mr. Harvey:
The City of Rosemount will initiate a process that may result in the termination of the
Adventure Zone Interim Use Permit. The first step will occur with the Rosemount Planning
Commission discussing the issues, then forwarding a recommendation to the City Council.
This Planning Commission meeting is scheduled for 5:15 p.m. Tuesday, December 13, 1994,
in the city hall council chambers. This meeting is not a public hearing, but you are invited
to attend and participate.
The City Council will conduct a public hearing in January, 1995. The Planning Department
will inform you as to the time.
If you have any questions, I can be reached at 322-2052.
Sincerely,
-��-�-1
Richard Pearson
Assistant Planner
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CITY OF ROSEMOU NT 28�5-`�TMihs eetW�t
P.O.Box 510
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y g� 9 P 55068-0510
Phone:612•423-4411
Fax:612-423-5203
Wayne Passon August 23, 1994
The Adventure Zone
1826 SSth Street E
Inver Grove Heights, NIN 55077
Dear Mr. Passon:
The Ciry has inspected the site of the Adventure Zone and found that no attempt has been
made to comply with the conditions of the Interim Use Permit (IUP). I have explained to
Brett Harvey on two occasions that the City would consider extending the deadline for
compliance if there were extenuating circumstances beyond the control of the
owners/operators of The Adventure Zone. If for example, the Minnesota Department of
Transportation (MnDO'1� had taken no action regarding the access permit approval process.
Reasonable verification would be a copy of the permit application or other conespondence.
The required access improvements were not the only expectations, however. The following
represents minimal expectations relative to permit conditions that remain unaddressed:
1. A large pile of woodchips is in the ditch within the MnDOT right-of-way which must
be removed and wood chips stored on The Adventure Zone site.
2. There has been no attempt to control erosion in the parking lot area with the crushed
rock aggregate required by the City Engineer.
3. The trailer does not meet Uniform Building Code Requirements (UBC). Ternporary
buildings are expressly prohibited within the City of Rosemount with the only
exception being those trailers associated with ongoing construction.
The City will take steps to revoke the ILTP unless confirmable proof that reasonable attempts
have been made to comply with the conditions of the IUP and that noncompliance of specific
conditions is beyond the control of The Adventure Zone.
If you have any questions, I can be reached at 322-2052.
Sincerely,
�1�..��.y.,-�-,-_-�
�
Richard Pearson
Assistant Planner
cc Ron Wasmund
Tom Burt
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:wsrtonsumer marevia6.
�,��orq Minnesota Department of Transportation
� Metropolitan Division
� Waters Edge Building
� 1500 West County Road B2
pF Roseville,Minc�esota 55113
Reply to 5$2-1387
7uly 26, 1993 Telephone Na
Richard Pearson
Planning Department
City of Rosemount
PO Box 510
Rosemount Iv1Iv 53GG8-��1G
Dear Richazd Pearson:
SUBJECT: Site Plan Review
The Adventure Zone
North of TH 55, West of CR 42
Rosemount, Dakota County
CS 1910
The Minnesota Department of Transportation (MniDOT) has reviewed the site plan for The
Adventure Zone. We find the proposal acceptable for further development with consideration
of the following comments.
• If the entry is to be improved it should be 32 feet wide with a minimum 10 foot radius.
• Due to the entrance's proximity to the left turn bypass and right turn lanes for the
hazardous waste facility, and the apparently low volume of trips generated by the
business, we don't believe that turn and bypass lanes are necessary at this time.
�€�wever, if th� tri�,s �� the site ir.crease au�ition�l .ares may b� warr^unt�.
If you have any questions regazding this review please contact me.
Sincerely, �
��'�`a �
Cyrus Knutson
Transportation Planner
An Equal Opportunity Employer
i� o osemoun�
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PMONE t6�2)a234at� pg75-t45th Street West.Rosemount,Mi�nesoca MAYOH
FAX (Bt2)a235203 • Mailing Addreu: Edwartl B.McMena-�
P.O.Box 510.Rosemount.Minnesota 55068-JStO COUNCILMEMBE�S
Sheila Klassen
James(qed)Staas
April 29, 1993 "arry w�°�x
Oenms Wippetm3ra
ADMINISTRATOa
Mr. Bfel� HaNey Stephan Jilk
Adventure Zone
108 NE River Edge Way
Fridley, MN 55432
Dear Mr. Harvey:
This letter is a reminder that your permit from the City of Rosemount to operate Splat Ball
Inc. will expire on June 30, 1993. As Paul Heimkes discussed in his March 17, 1993 letter,
there are several issues that will have to be resolved by your initiative to continue operations
after the permit termination.
It is very important to initiate a Zoning Text Amendment process as soon as possible. That
process can take six to eight weeks and sometimes longer. Although the Flanning Staff has
assumed that a Conditional Use Permit - CUP would be the result, that process would
depend on the results of the Text Amendment process. Currently, no CUP exists in the City
and the Text Amendment would create it.
I would recommend that while you continue to gather information that will be important for
a CUP with a Site Plan, the Zoning Text Amendment should only require generalized
information which may be available while the process is ongoing. I have attached the
application form.
Please feel free to call me with your questions at 423-4411.
Sincerely,
iticnard Pearson
Assistant Planner
enclosure
cc Susan Walsh
�ver�t�ings �oming `Ulp �osemount��
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L1.KYCtlA,�.'
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PHONE (612)423-4411 2875-145th Street West,Rosemount,Minnesota MAYOR
FAX (612)4235203 MaUio9 Address: . Edwatd B.McMerromy
P.O.Box 510,Hosemount,Minnesota 5506&0510 COUNCILMEMBERS
March 17, 19 9 3 sheaa xiasasn
James(Re�Staats
Harry Wflloox
Mr. Brett Harvey � oeo��srnnppe�a„n
Adventure Zone
AOMINISTRATOR
1826 SSth St. East . � s�epnan,h�c
Inver Grove Heights, Mn 55077
RE: Adventure Zone - Temporary Trailer .
Dear Mr. Harvey:
This letter is in regards to the temporary trailer �ou have on the Adventure Zone
site in Rosemount.
On March 16, 1993, the City Council approved the continued use of your operation
on that property until June 30, 1993, at which time the permit will expire. T2ze
council is requiring, however, that any continued use after that date be by a
special "Conditional IIse Permit". I would recommend that you contact Sue Walsh
or Richard Pearson, the city planner for information on obtaining the conditional
use permit.
As we discussed during our previous phone conversation, to obtain the conditional
use permit the site must be in full compliance with State and Local Codes. This
is where the temporary trailer becomes a code issue. The State Building Code
does not allow premanufactured structures to be us�d in the capacity your
operation is using it. The City Zoning Code also does not allow temporary
structures to be used in the "IG" zoning district. There are, however,
exceptions to most codes and there are exceptions to both the building and zoning
codes in these areas. Stringent as they are though, I do want you to know that
there is a means to obtair_, the use of a structure there. Below I have outlined
some of the general criteria for building permit approval.
1. Site plan review and agproval by the City Planning Commission.
2. Conditional use permit approval by the City Council.
3. Conformance with all State and Loca1 Zoning and Building Codes.
Again, if you would like further information on any of these items you may
contact Sue Walsh, Rick Pearson or myself.
In the meantime, _we will allow continued use of the trailer until June 30, 1993
at which time it must either be removed or you must have had obtained all the
proper approvals and permits from the City. If it is not removed or the proper
permits have not been obtained, we will regrettably have to cite you for building
and zoning code violations.
Should you have an questions concerning this matter you may contact me at City
Hall at 322-2024
Sin Y, •
,/
.
Paul R. Heimkes �
cc: Sue Walsh
Richard Pearson
Ronald Wasmund
Mike Miles �vert���irtg s �oming �(/�� �osemounl�� R���
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. . . . ��'r.s:r:a-�' � � � . .
� PERMIT
PERMTT issued this �day of , 1993, by the CI1'Y OF ROSEMOUNT
(the "City") to Brett C. Harvey dJb/a e Adventure Zone.
1. The City hereby issues a permit for The Adventure Zone in accordance with the definition
and rules set forth on the attached Exhibit "A".
2. This permit is issued subject to the following conditions:
a. The permit is valid only on Tax Parcel Number 340200-010-25.
b. A permit fee of fifiy dollars ($50.00) shall be paid by the permit holder.
c. The permit holder shali take out anu maintain in force general liability insurance for
at least five hundred thousand dollars ($500,000). The form of the policy and the
insurer shall be subject to approval by the City Administrator. The City shall be
named as an additional insured on the policy. The policy shall further provide that
the City shall be given ten (10) days advance notice of cancellation. Proof of this
insurance (certificate of insurance) will be presented as part of the approval process
of the pemut.
d. The hours and days of operation shall be limited to the following: Monday through
Sunday, 8:00 a.m. to dusk.
e. The permit for operating shall continue from March 22, 1993 through June 30, 1993.
f. No building or other structure may be erected on the site.
g. The permit holder shall police the area for litter after each game and shall insure that
a nuisance is not created as a result of noise, littering, traffic, or disorderly conduct.
h. Beer, wine and intoxicating liquor is prohibited.
3. This permit may be revoked for violation of its terms or violation of any ordinance or
statute.
TI� ADVEr�'I'URE ZONE CITY OF ROSEMOUNT
By: �y: `�" ,t�• �,�-� �
Brett C. Harvey E. B. McMenomy, Mayor
� �
�
Sus M. W h, City Clerk
C I TY O F RO S E M O U N T z875 C145tH5 eet West
P.O.Box 5 TO
Ever thin s Comin U Rosemount!! Rosemount,MN
y g� g P 55068-0510
' Y Phone:612-423-4411
Fax:612-423-5203
Public Notice
THE.ADVENTURE ZONE
INTERIM USE PERMIT TERMINATION
(13420 Courthouse Boulevard)
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public
hearing to consider the item listed below on Tuesday, January 17, 1995 in the Council
Chambers of the City Hall, 2875 I45th Street West, beguuung at 8:00 p.m. or as soon
thereafter as possible. The public hearing pertains to property generally located north of
State Trunk Highway 55, just east of Spectro Alloys and legally described as follows;
Part of the Southeast Quarter of the Northwest Quarter(SE'/4 of the
NW�/4) of Section 20, Township 115, Range 18, Dakota County,
Minnesota; and excepting railroad rights-of-way.
The purpose of this hearing is to consider a recommendation for the termination of the
Adventure Zone Interim Use Permit that permitted a Coznmercial Outdoor Recreational Use
in the General Industrial District. The Adventure Zone has failed to meet the conditions of
the I994 Interim Use Permit Agreement. The permit is subject to renewal on a yearly basis.
Persons wishing to speak on the Ad�enture Zone Interinn Use Pexmit are invited to attend this
public hearing on Tuesday, lanuary 17, 1995 at 8:00 �.m. Formal written comments will
also be accepted prior to the meeting date. Please forward all comments and inquiries to the
Planning Division of the Community Development Department.
Dated this 20th day`of December, 1994.
Sus M. Walsh, ' Clerk
City of Rosemount
� Dakota County, Minnesota
.. � . . . . .� � . . . . � � � rnnredo�.ecrdedPaPer .
contalning 30%
posttonwmer materials.
ROSEMOUNT CITY COUNCIL NOTES
��:
Purpose: to detail actions surrounding The Adventure Zone's IUP that was approved April 19.
Background Information:
The Adventure Zone was started back in 1987 by the previous owner Lee Moeller.
In April of 1990 the Adventure Zone was purchased from Lee Moeller by its current owners
(Brett C. Harvey and Wayne J. Passon).
The Adventure Zone's business has grown in the four plus years that Brett and Wayne have
owned the business, expect for the 1994 season.
In March of 1991 the Adventure Zone acquired a prefabricated mobile trailer to operate out of.
At that time the permit specifically stated that "No building or structure may be erected
on the site." (exhibit A) In other words we were nat allowed to have a permanent
structure and therefore we committed to purchasing (on a lease to own) a temporary
structure.
In February of 1993 Brett and Wayne asked what would be necessary to allow them to operate a
few games throughout the winter. The permit at that time only allowed The Adventure
Zone to operate from the end of March to the end of October. The Adventure Zone's
season ended at the end of October due to hunting season.
On February 17, 1993 Brett met with Sue Walsh, City Clerk, and Lisa, Planning
Commissioner, to discuss what would be necessary to be able to run a few games
throughout the winter because a couple of prominent companies wanted to hold holiday
parties at The Adventure Zone facilities.
At that time we were told :
#1: that we would have to request an zoning text amendment to allow commercial
recreation in a general industrial area at a cost of$300.00 .
#2: Get a conditional use permit or an interim use permit at a cost of$150 - $200.
#3: we could choose to initiate the zoning text amendment and be involved with the
process, in regards to the stipulations of the permit, or we could wait for the city to
initiate the proceedings. If we waited for the city to do it we wouldn't have to pay
the $300.00 but we wouldn't have as much input into the stipulations.
No costs or operational changes were identified at that time.
At the conclusion of the meeting we were told to let them know what we wanted to do. They
determined that we did not wish to pursue the matter any further because we didn't feel
the costs (along with clearing the parking lot of snow) would justify the little amount of
revenue that would be generated from the games.
Approximately two weeks after that meeting they received a phone call telling us that we no
longer had a choice as to whether we wanted to proceed with a zoning text amendment. We
were told that we had to initiate a zoning text amendment because the City of Rosemount
was no longer going to allow The Adventure Zone to operate under the type of permit that
they had in the past. We believe the phone call came from the Lisa, planning
commissioner at that time.
A permit was issued for March 22, 1993 through June 30, 1993 based upon the fact that city
staff felt that was adequate time to complete the entire zoning and permit process.
On Apri129, 1993 we received a letter from Richard Pearson, Assistant Planner, reminding us
that "It is very important to initiate a Zoning Text Amendm.ent process as soon as possible.
That process can take six to eight weeks and sametimes longer."
On May 14, 1993 the Adventure Zone turned in the application for a Zoning Text Amendment
change as we were told we had to do. (Approximately 2 weeks later)
On June 8, 1993 the planning commission passed a "motion to direct planning staff to further
research and draft language for an ordinance amendment regulating the establishment of
Commercial Outdoor Recreation..."
On August 10, 1993 the Planning Commission directed Planning Staff to proceed with
assembling ordinance language and a recommendation regulating commercial outdoor
recreation with an Interim Use Permit (IUP).
On August 24, 1993 the planning commission approved the NP text amendments for
commercial outdoor recreation and sent a recombination to the city council to set a date for
a public hearing regarding the zoning text amendment.
On September 21, 1993 ?? Public Hearing - testimony regarding amendments for the IUP.
On February 14, 1994 - After phone calls to Rick Pearson, we finally received the infarm.ation
necessary to apply for an IUP.
On March 9, 1994 - The Adventure Zone turned in the application for an IUP and Site plan
information
On March 22, 1994 - Planning Commission Met and reviewed request and granted approval for
IUP, sent recommendation to Council to Schedule Open I3earing
On April 5, 1994 - City Council set date for Open Hearing regarding the IUP and issued a
Permit for Apri16 - May 18.
On April 19, 1994 - Open Hearing was held - Council approved IUP
On May 10, 1994 - We called the City of Rosemount to have conditions of IUP sent to us because
we hadn't received the requirements yet. Later that day we received a fax stating the
requirements that had to be met to continue operating under IUP.
a) Requirements stated that all site improvements must by completed and accepted by the
city engineer within sixty days of the city council approval.
Point of fact:
#1: We received the conditions/requirements for the IUP May 10, 1994 - twenty one days
after council approved the IUP. Leaving only 39 days to meet all the conditions.
#2: A process that was thought to take only 6 to 8 weeks to complete took 10 months and then
we are asked to meet the requirements in 39 days.
#3: Financially:
a) The costs to meet the requirements are outrageous. The immediate costs involved to
do the rock, widen the drive entrance, get a different trailer, put the trailer on pier
footings, get electricity hookup from NSP (because the new trailers won't run on
propane) would cost us 15°!0 of our gross revenues for the entire year. 15% of gross
revenues is an extreme amount.
b) Our business is very seasonal: we bring in 70°l0 of our gross revenues in August,
September and October. We bring in 25% of our gross revenues in April, May and
June. What we are being required to do would require us to put 60% of our gross
revenues from April, May and June into capitol improvements, leaving us with no
operating capitol, no way to pay our insurance premiums nor our land lease as
required. There is no way, financially, this should be expected from any business.
#4: We are told that we have to have a minimum of 6" of compacted, crushed limestone. We
were specifically told we could not use recycled concrete (which costs about a third the
price) because of appearance and the yearly upkeep necessary.
a) We wonder why recycled concrete is good enough for the state of MN to use but not
us.
b) Shouldn't it be our choice to maintain the rock if we choose to use recycled concrete.
Why is it that:
c) Pine Bend trail does not have 6" of limestone, in fact the road is not limestone at all.
d) Emery (just off of CTY RD 42) does not have limestone and is not 6".
e) Vic's V(Telding's parking lot on 42 is not limestone and isn't 6"
f� Biscayne is not limestone, nor is it 6"
g) Knutson Services parking lot is not limestone, nor is it 6"
h) Burnsville Marine parking lot on Hwy. 3 is not limestone, nor is it 6"
i) Bonair Path is not limestone, nor is it 6"
j) Factory in Doyle Path has a parking lot with less than 6" of limestone
k) Koch Refinery has a parkinglot with less than 6" of limestone
1) New Park Road on Fine Bend/Fahey has less than 6" of limestone
m) Spring Lake Park Refuge has less than 6" of limestone
#5: We are told that we must make our trailer handicap accessible and that we must have
two gender specific handicap toilets.
a) Minnesota State Building Code for the handicapped Chapter 1340 paragraph 200
(1340.0200) subparagraph 2 entitled scope states"Parts 1340.0200 to 1340.0900 and
1340.9000 to 1340.9900 apply to all buildings except the following: (b)temporary
buildings & (c) one-story buildings not exceeding 2000 square feet in floor area with
an occupant load of ten or less and not primarily for the use of the general public.
1) The trailer we have (which may be classified as a temporary building or a one
story building) is 616 square feet.
2) The trailer's occupancy laad is 6.16 determined by the UBC Sec 3302 with
reference to Table 33-A Minimum Egress requirements.
A i
' ' � 3) General Public means persons other than the owner, lessee, or sublessee of a °
building or their employs according to Chapter 1340.0300
Since we meet these requirements we should not be required to have the trailer
handicap accessible nor have handicap toilets.
b) Vic's welding, which has a building and trailer on their lot has a standard portable
toilet.
c) Koch Refinery has portable toilets that are not handicapped.
d) The City of Rosemount Parks have only 1 handicapped portable toilet out of 19
portable toilets at 13 of the city parks. All of the rest are standard toilets. No gender
is noted on any of these toilets. Five of the parks have buildings that were locked
and therefore there is no access to any handicap toilets that may be in the buildings.
None of the parks with buildings have handicap portable toilets.
#6: We are told that we have to have our trailer placed on a pernaanent frost free foundation
and that we have to have wood sidings on the unit.
a) Vic's Welding on 42 has a prefabricated trailer that does not have wood siding
b) Facility on Pine Bend Trail has prefabricated trailers that are not wood sided.
c) Koch refinery has trailers that are not on frost free foundations.
#7: The Adventure Zone has operated with a dirt/natural parkinglot since 1987 (7 years)
prior to an issue being raised as to the parking lot type. The Principle of Estopple should
warrant that we do not need to change the parking lot.
#8: Because our permit in 1990 and 1991 specifically stated that we could not erect a building
or structure, we could only have temporary structures, The Adventure Zone, in April of
1991, went out and secured a temporary prefabricated trailer on a lease to own basis. We
now have less than 10 payments left and we are being told we can no longer have this
type of trailer. We made the commitment to purchase the unit based on the fact that our
permit would not allow us to place a permanent structure on the premises and therefore
feel we shouldn't have to get a different trailer. Also, had we known that the rules were
going to change we could have just rented a trailer instead of committing to a lease to
own, thereby reducing our monthly cash outlay. The change in requirement results in
an additional cash outlay immediately, in the form of a down payment, and results in
the doubling of monthly payments and extending payments out for a period of time. We
will lose all equity we have in the trailer if we have to return it. The Principle of Estopple
should also warrant that we do not need to change our trailer.
#9: We are being told that we have to make the facility handicap accessible with the toilets
and access to the trailer.
a) It's virtually impossible for someone in a wheelchair to play paintball.
b) We couldn't hire anyone that was in a wheelchair because they wouldn't be able to
go down to the playing field.
c) Placing 6" of gravel on the parking lot makes the lot in accessible to a wheelchair -
handicapped person. The wheelchair-handicapped person is basically guaranteed
to bend the front wheels on the wheelchair with 6" of graveL This could result in
injury to the wheelchair-handicapped person. The person is better off being on dirt
than 6" of crushed limestone, according to people whom are handicapped.
#10 We were told last year that some of the zoning codes had changed and that was part of the
reason for the change in our requirements. We believe that if the codes were changed
then the grandfather clause should apply.
.
. .
In conclusion
a) whereas of the principle of Estopple and the grandfather clause should be applicable
b) whereas we choose not to pursue the zoning text amendment and then were told that we
had no choice,
c) whereas we had no input into the conditions of the permit as we were told we would have
if we paid for the zoning text amendment
d) whereas we were only given 39 days originally to meet the conditions of the NP upon
receiving the final copy of the IUP conditions
e) whereas the requirements are an extreme undue hardship
fj whereas other companies do not have the 6" of limestone
g) whereas there are roads within the city of Rosemount that do not have 6" of limestone
h) whereas MN state code precludes our trailer size from having to meet handicap
accessibility
i) whereas other companies with similar setup do not have handicap accessibility
j) whereas other companies with similar setup do not have wood sided trailers
k) whereas the City of Rosemount Parks do not have handicap portable toilets
1) whereas we have operated with a dirt parking lot for 7 years
m) whereas we committed to purchase a trailer based upon previous permit requirements
n) whereas of the principle of Estopple and the grandfather elause should be applicable
therefore be it resolved we feel that:
a) Staff should allow The Adventure Zone to operate under the type of permit that was
utilized from 1990 - 1993 for this year and forthcoming years or
b) Staff should re-look at the requirements The Adventure Zone has been given and, in
doing so, grant The Adventure Zone a permit to continue operating as we have from
1990-1993 until these issues can be resolved.