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Home My WebLink About5.b. Adventure Zone Interim Use Permit Conditions ♦ ,:, City of Rosemount Executive Summary for Action Gity Couacil Meetiag Dat�: Avril 4, 1995 Agenda =tem: Adventure Zone: Interim Use Agenda Sectioa: Permit Conditions OLD BUSINESS Prepared By: Richard Pearson Ageada No: Assistant Planner �`��{� .�,L � � �yi tl' Attachmeats: Resolution; Correspondence w/ Approved By: Adventure Zone Personnel. / The attached resolution explains the City Council ' s position regarding The Adventure Zone Interim Use Permit noncompliance issue. The deadline for compliance is specified as June 1, 1995 . Compliance is necessary for the commercial gaming to continue. Early compliance would result in a corresponding ability ta commence gaming activity. Mr. Brett Harvey has been informed of the resolution and the Council' s' expectations. he received the attached letter and resolution draft on March 18, 1995 via Certified Mail. Recommeaded Action: A MOTION to adopt A RESOLUTION SPTTING OUT THE CONDITIONS FOR ISSUANCE OF A 1995 INTERIM USE PERMIT FOR THE ADVENTURE ZONE. City Couacil Actioa: 0404-95.005 t , a , CITY 4F R4SEMOU NT °�`""" :d� 2875-T45th$ueet West P.0.Box 510 Rosemoum,MN Everything's Coming Up Rosemounr!! ;;o6a-o5io P�one:o t 2-423-�411 .r �� Pax:b 12-323-5203 March 17, 1995 Mr. Brett C. Harvey Adventure Zone 1826 SSth Street East Inver Grove �ieights, MN 550'77 Dear Mr. Fiarvey: Please accept this letter of notice that the Ciry Council will consider adoption of a resolution conceming the termination or continuation of your Interim Use Permit (IUP). For your infonnation a copy of the resolution drafted by the City Staff has been enciosed for your review. This resolution formalizes the discussion by Rosemount Ciry Council at it's February 7, 1995 meeting and stipulates specific responsibilities for performance by the Adventure Zone in order to avoid termination of your permit by the Council. The execution of an agreement referenced in the 2/14/95 letter is not anticipated at this time. Action by the City Council on this recommended resolution is scheduled for Tuesday night April 4, 1995 at ' � 7:30 p.m. You will find that the resolution provides an opportuniry for renewal of the IUP provided all conditions are met and a certificate of compliance is issued. To this extent, you will need to � complete an application for renewal of your IUP and submit the $250 application fee. An application form has been enclosed for your use. The Rosemount City Staff is prepared to meet with you to further discuss this resolution or the process which has been outlined. Please contact me at 322-2052 should you have any questions or would like to schedule a time to meet. Sincerely, ,��-�.��.._.,.._ L�`�' Rick Pearson Assistant Planner Enclosure: One cc: Tom Burt Andrew i�iack Ron Wasmund Charles I.eFevere � .��e.M�,��e�� n��.,��.Jo-. .a�r•cnmwnav m.mvr... � CITY. OF ROSSbiOIINT DAKOTA COIINTY, ffiINN}3SOTA RBSOLIITION 1995- A RBSOLIITION SSTTING OIIT TH8 CQNDITIONS FOR ISSIIANCE OF A 1995 INTLRIM IIS}3 P13RMIT FOR TSL AD�i►BNTQRFs ZONS WSEREAS, on Apri1 19, 1994 the City Council granted an Interim Use Permit (IUP) to the Adventure Zone to operate a commercial outdoor recreational use in the IG General Industrial District with direct access to State Trunk Highway (STH) 55; and �HEREAS, the Interim Use Permit allows the commercial use, with modifications to standards specified by the City of Rosemount zoning regulations, as approved by resolution adopted by the City Council on April 19, 1994; and �SEREAS, the resolution of the City Council granting said Interim Use Permit contains a number of conditions for the establishment and operation of the outdoor recreational use proposed by the Adventure Zone; and D�HEREAS, the Adventure Zone has failed to comply with a number of the conditions specified by the City Council; and WHEREAS, pursuant to due notice a public hearing was held before the City Council on January 17, 1995 with testimony taken on February 7, 1995 to consider revocation of the Interim Use Permit on the grounds of violation of conditions of the permit established by the City Council; and ' WHEREAS, the applicant has acknowledged that the operations are not in compliance with the conditions set forth in the resolution granting the Interim Use Permit and has requested additional time to bring the facilities into compliance with such requirements, and has been notified by the City' s intent to adopt the stipulations set forth in this Resolution. NOW, THE�REFORE, BE =T RSSOLVED, the City Council of the City of Rosemount sets up the following conditions that the applicant, The Adventure Zone, must satisfy by no later than June 1, 1995, prior to issuance of a renewal of a 1995 Interim Use Permit to allow the establishment and operation of an outdoor recreational use• 1. The trailer on the site must be removed. 2 . No trailers may be parked or stored on the site overnight and no outdoor storage is permitted of any equipment, goods, or materials other than portable toilets required for operation of a commercial outdoor recreational use. 3 . the applicant shall provide and maintain sanitary facilities on the site at all times when the premises are being used for outdoor recreation activities. Such facilities shall meet the minimum requirements of the Dakota County Public Health Department and the Minnesota Pollution Control Agency, if applicable. 1 � 4. No commercial recreational activities may be conducted on the site until the permittee secures a certificate of compliance from the City administrator or the City Administrator' s designee. A certificate of compliance shall not be issued until all physical improvements to the site required by the permit are completed and the property is physically in compliance with all requirements of city code and Interim Use Permit conditions. The permittee shall notify the City Administrator upon completion of all site work for an inspection. Refusal by the City Administrator to issue a certificate of compliance ma.y be appealed by the permittee to the City Council . 5 . 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 . BE IT FIIRTHER RBSOLVED, that in the event the applicant can demonstrate to the satisfaction of the City Council that it has fully complied with all of the conditions listed above prior to June 1, 1995, the City Council will issue an Interim Use Permit for 1995 subject to the following conditions: 1. This permit shall be reviewed prior to renewal in 1996 for compliance with these conditions. Thereafter, the City Council will determine the appropriate time interval for the subsequent renewal procedure. 2. Violation of any specified Interim Use Pennit condition or otherwise unlawful activity may result in immediate termination of the Interim Use Permit. 3 . The hours of operation shall be limited to 8 :00 a.m. to sunset. 4. No parking is allowed in the Minnesota Department of Transportation (MnDOT) State Trunk Highway (STH? 55 right-of- way. 5. Conformance with setback and dimensional standards with variance to front yard setbacks granted only for the purpose of preserving existing vegetation. 6. Parking areas must consist of a minimum of six (6) inches of compacted, crushed aggregate or other such material as is given prior written authorization by the City Engineer. 7. 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 drainage runof f. S . Any structures must conform with the Uniform Building Code and City of Rosemount Zoning Ordinance including materials and aesthetics requirements. 9 . Conformance with Dakota County Health Department standards for portable sanitary facilities. 2 � �Y 10. Conformance with the City of Rosemount Sign Ordinance. B]3 IT FURTSER RESOLVSD, that in the event the applicant has not satisfied the City Council prior to June 1, 1995, that it has complied with all of the conditions listed as listed in this Resolution, the City Council may, at any time, take action to revoke the Interi.m Use Permit for the Adventure Zone, without further notice or hearing. BE IT FINALLY RSSOLVED, that prior to issuance by the City Council of an Interim Use Permit for 1995, it shall be unlawful to conduct cammercial outdoor recreational uses on the subject property. In the event the applicant conducts or allows such uses on the property prior to issuance of an Interim Use Permit for 1995, the City Council may immediately proceed to revoke the Interim Use Permit without further notice or hearing. ADOPTED this 4th day of April, 1995 . ' E.B. McMenomy, Ma.yor ATTEST• Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor• Voted against- 3