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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• k � •.^T�-� . � . . i-� � �''� CITY HALL ��""�� C I TY O F RO S E M O U N T 2875—145th Street West .� P.O.Box 510 ��� Ever thin s Comin U Rosemount!! Rosemo�nc,MN y g� g P 55068-0510 "' .,;;� Phone:612•423-4411 �`�`��''�` Fax:b12-423-SZQ3 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 � �r�„«a��i�av�a, 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 ' � q �;�� unr Ha�� 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 � ' Ever thin s Comin U Rosemouni!! Rosemount.Mrv ':. Y g� 9 P 55068-0510 \���.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 � . . . . . . . ��7rrneeda�rt�t+t(edP� �. rarc.tlnm4;J": :�ost<anwmrr mrtm.ds: CITY OF ROSEMOU NT 28�5-`�TMihs eetW�t P.O.Box 510 `'J Ever t'�1//1 s Comin U ROSE.'t7)OU/li�� Rosemount,MN 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 � �;�,�������. :onbining409'e :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� � 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�� � L1.KYCtlA,�.' z�� o osemoun� 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��� � . . . . ��'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.