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HomeMy WebLinkAbout6. Commercial Outdoor Recreation Zoning Text Amendment M E M O TO• Mayor McMenomy Cauncilmembers Willcox, Wippermann, Staats, Klassen FROM: Susan Walsh DATEr September 21, 1993 SUBJ: Extension of Permit Time for Adventure Zone & Splatball The current permits issued to Adventure Zone and Splatbail are effective until October 1, 1993. Normally these businesses operate until gun deer hunting season. I have xeceived a request to allow them to operate through Octaber. Even if Council approves the Interim Use Permit process, it is not feasible that these two businesses will be able to get their IUP for this year. Therefore, I am recommending that Council allow them to operate under the °old" permitting process by making the following motion: MOTION TQ EBTEND THE TIME PERIOD OF TSE PERMITS I83IIED T0 ADVENTIIRE ZONE AND SPLATBLL, INC TO NOVEMBER 1, 1993. , I CITY OF ROSEMOIINT EXECUTIVE SUNII�IARY FOR ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 21, 1993 AGENDA ITEM: COMMERCIAL OUTDOOR RECREATION AGENDA SECTION: ZONING TEXT AMENDMENT PUBLIC HEAR.ING PREPARED BY: RICHARD PEARSON, AGENDA N�EM 7r' �J � AS S I S TANT P LANNER y �'�-�"�-�--- ATTACI�ISNTSz APPLICATION, PURPOSED ORDINANCE AP D . B-33, HEARING NOTICE, REVIEW On September 14, 1993, the Planning Commission recommended th planning staff forward Zoning Text Amendments to the City Council .for Public Hearing concerning commercial outdoor recreation. The Text Amendment was requested by ogerators of "Paintball Games" in eastern Rosemount in the Agriculture and General Industrial Districts. The reguest originated when one of the operations inquired about expanding the Paintball business to year-round event scheduling. The uses are viewed as temporary given the need for natural, generally . wooded areas for gaming purposes. As a result, the uses will be administered with Interim Use Permits (IUP' s) with some flexibility regarding some site improvement issues. The Planning Commission directed� planning staff to develop �flexibility for the uses without setting undesirable precedents for other uses in any district. Ordinance B-33 accomplishes the objective with findings added to the standards for Interim Use Permits. RECONIl�tFsNDED ACTION: Motion to adopt Ordinance B-� for Commercial Outdoor Recreation interim uses in the Agriculture and General Industrial Districts. COUNCIL ACTION: �� No: Date: City of Rosemount ZONING ORDIAlANCE TEXT AMENDMENT PETITION Applicant• __I f1� f'l������/}7.� �l�i/i/� Phone: ���'Z,�_��_ Address: 1�� `J' .��5T�, �Nv�P � �/��,,,_/`1/1/ ��77 STATUS OF APPLICANT: Owner Bcryer �Lessee OTHER: . . .� . LOCATION: Lot�� Block '�✓�, Addition Street Address: - Metes & Bounds Description Attached: � Survey or Piot Pian Attached: Affected Section(s): . REASON FOR REQU�ST: . �. �l��i,� k'Us�i`�avi�i ��v���/� ��� 7�/�tT G✓� /`1v�r l�wT/f�T� �cti�N�� �-�Xr �i7��;�- ��a<<�� T� O�T�i'fi�/ ,/�.�'�P/`'l/I -�-��,..�y � �1'/��G /�Ufi�v�ss C%.►� T�/S ��,9N/7 2. 3. Signatu�e of App(icant: �i�� FOR OFFICE USE ONLY ' Application r�ceived by: � ���K.� �Q��: S� �� • `j Fee: � ' 0O . D� How Paid: ��/��G--� Date: � Pfanning Commission Aciion: City of Rosemount Ordinance No. B-3� J�a'' AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE THE C1TY COUNCII. OF THE CITY OF ROSEMOUNT, AJ1.INN.ESOTA ORDAINS AS FOLLOWS: SECTION I. Section 3.2 DEFtNiTTONs of Ordinance B - Crty of Rosemount Zoning Ordinunce is amended to include: . Commercial Outdoor Recreation A commercial recreational use available to the general public that depends upon a natural, relatively undeveloped setting. SECTION II. Section 6.1 AG AGtuctn.'ru�, D�S'r�uG'r of Ordinance B - City of Rosemount Zoning Ordinance is amended to include: C. Uses Permitted bv Interim Use Permit (I[7P) 1. Commercial Outdoor Recreation S�ON III. Section 6.14 IG GErrExA�, IrtnUs�'iva�, DLs'r1�C'r of Ordinance B - City of Rosemount Zoning Ordinarcce is amended to include: D. Uses Permitted by Interim Use Pernut (IiTPI � 1. Commercial Outdoor Recreation � SEC�'�ox IV. Section 14.10 I1v'rExn� USE PEx�'t's of Ordinance B - City of Rosemount Zoning Ordinance is amended to include: E. �ndings for Interim Use Permits (IiJPI 1. The extent, location, and intensity of the use will be substantial compliance with the Comprehensive Guide Plan. 2. The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. 3. The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety, and general welfare. 4. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 5. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. F. Modification of Standards or Conditions The City Council, after public hearing, may modify standards or conditions required for the IUP, when strict application of such standazds or conditions would unreasonably limit or prevent otherwise lawful use of a property or an existing structure and would result in exceptional undue hardship to the owner of such property or structure; provided, that such modification will not impair the intent and purpose of such standards or conditions and is consistent with reasonable enjoyment of adjacent property. Ord�i`B-33 Page 1 of 2 SECTIQN V. This ordinance shall be effective immediately upon its passage and publication according to law. Enacted and ordained into an Ordinance this day of , 1993. CITY OF ROSEMOUNT E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Dakota County Tribune this day of , 1993. ora#a-33 Page 2 of 2 i�� o osemouvL� PHONE (612)42344t1 2875-145th Street West,Rosemount,Minnesota MAYOR FAX (672)4235203 Mailing Address: Edward B.McMenomy P.O.Box 510,Rosemou�t,Minnesota 55068-0510 COUNCILMEMBERS Sheila Klaseen James(RecQ Staats Public Notice Harry w����X Dennis Wippermann ADMINISTflATOR Text Amendments to s�•�ne^���k ORDINANCE B - CITY OF ROSEMOUNT ZONIlVG ORDINANCE FOR COl��IMERCIAL OUTDOOR RECREATION USES TO WHOM IT MAY CONCERN: � r NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing to consider the items listed below on Tuesday, September 21, 1993 in the Council Chambers of the City Hall, 2875 145th Street West, beginning at 8:00 p.m. or as soon•thereafter as possible. The purpose of this hearing is to consider a text amendment to Ordinance B - City of Rosemount Zoning Ordinance that will result in allowing commercial outdoor � recreational uses by interim use permit in the Agriculture District (AG) or in the General Industrial District.(IG). This provision is being developed to regulate paintball facilities located in�the eastern Rosemount. The text amendment has been petitioned by Splattball, Inc. and The Adventure Zone. Copies of the proposed�amendment are a�ailable for review and comment at City Hall located at 2875 145th Street West, between the hours of 7:30 a.m. to 4:00 p.m., Monday through Friday. Persons wishing to speak on these proposed amendments are invited to attend this public hearing on TuesdaY. September 21, 1993 at 8:00 p.m. Written comments will also be accepted prior to the meeting date. Please forward a11 comments and inquiries to the City of Rosemount Planning Department. Date this 7th day of September, 1993. usan M. sh, City Clerk City of Rosemount Dakota Counry, Minnesota �verr���ing�s �omiveg `(JL�i C.J�osemounll� .. � tw recvckdoaoH � � � Planniug Commission REGvr..ait IVIEETING MnvUz'ES - AUGUST 24, 1993 Pursuant to due call and notice thereof the Regular Meeting of the Planning Commission was duly held on Tuesday, August 24, 1993 at 5:00 p.m. Chairperson Busho called the meeting to order with members Baago and Ingram present. Also present was Director of Planning Lisa Freese and Assistant Planner Rick Pearson. Action on the August 10, 1993 Regular Meeting Minutes was deferred to the next Planning Commission Meeti.ng. Also, Agenda Item No. 3. Director's Announcements was moved to the end of this meeting's agenda. Assistant Planner Rick Pearson reviewed a draft zoning ordinance text amendment for the permitting and regulating of commercial outdoor recreational uses in the IG General Industrial and AG Agricultural Districts. The ability to authorize modifications to the performance standards would be accomplished by amending the Interim Use Permit (ILTP) portion of the , zoning ordinance establishing "fmdings" that support and justify variances. MOTION by Baago to recommend to City Council approval of the Interim Use Permit text amendments relati.ng to commercial outdoor recreation uses in the Agriculture and General Industrial Districts. Second by Busho. Ayes: Busho, Baago, Ingram. Nays: 0. M01'ION by Busho to recommend tha:t City Council set a date for a public heari.ng to hear testimony regarding these amendments at 5:00 p.m. on September 21, 1993. Second by Baago. Ayes: Baago, Ingiam, Busho. Nays: 0. Assistant Planner Rick Pearson described for the Commission a draft ordinance text amendment which would allow golf courses to become a permitted use in the Public/Quasi-Public (PUB) District with development standards. The Board of Appeals and Adjustments had previously denied a variance request from Mr. R.ay Rahn to construct an oversized accessory structure on his property located at 3855 145th Street East. The rationale for the negative decision was due to the golf course being a legal nonconforming use in the AG Agriculture District. As an alternative solution that would permit Mr. Rahn to construct his building, the Planning Commission initiated a rezoning petition to rezone the subject properry from Agriculture to Public/Quasi-Public and to develop performance and aesthetic criteria for structures similar to the commercial districts. MOTION by Ingram to recommend to City Council adoption of an amendment to the zoning ordinance to rezone the Rich Valley Golf Course property from AG Agriculture to PUB Public/Quasi-Public; and, further, an ordinance text amendment identifying golf courses as a permitted use in the Public/Quasi-Public District. Second by Busho. Ayes: Ingram, Busho, Baago. Director of Planning Lisa Freese advised that draft Zoning Ordinance Amendment B-30 failed to obtain the required four-fifths (4/5) vote from City Council which is requisite for adoption of an amendment to the zoning ordinance. The primary issue identified by Council was whether or not the recommended setbacks from roadways, pipelines, and railr4ad tracks; and density standards for the R-1 District should be imgosed on the CMC Heartland Partners' proposed development or should they be exempt from these requirements because of their two-year interest in development of property they own and have purchased within the City. i�� o osemouv�.� PHONE (612)423-44t 1 2875-145th Street West.Rosemount,Minnesota MAYOR fAX (612)423-5203 Mailing Address: Edward B.McMenomy P.O.Box 510,Rosemount,Minnesota 55068-0510 COUNCILMEMBEFtS TO: Planning Commission sn����, James(Re�Staau Harry Wil{cpx FROM: Richard Pearson, Assistant Planner . oe�,;s w;�r,,,,,,,, AOMINISTRATOR DA�: August 6, 1993 s�e�,,,w� Si7BJ: Augu.st 10, 1993 Regular Meeting Reviews Agenda Item 9 ATrACffiv��'s• Application 9. Z'E� AD�'�;NI'[TRE ZONE & SPLATBALL INC. - ZONING TEXT AMENDMFdVZ' FOR COMMERCIAL OUT�OOR REC�tEA3TON Northeast of S.T.H. 55 BACgGROUND . The Adventure�Zone and Splatball Inc. conduct commercial outdoor recreational uses in the " General Industiial (IG) and Agricultural (AG) Districts north of State Trunk Highway 55. The Adventure Zone is directly across from U.S.P.C.I. in the IG district, and Splatball Inc. is one . half mile north of S.T.FI. 55 off.of Fahey Avenue in the AG district. Both uses have been , regulated by an annual permit renewed by the City Council. Both are�currently considered non- conforming uses. The Adventure Zone would like to operate continuously through out the year, and in order to expand the use, a joint petition from both operations has been made to request an amendment to the zoning ordinance to permit paintball uses in the City. Previously, The Planning Commission discussed three alternative methods of regulating the use: 1) Establish commercial outdoor recrea.tion as a permitted use in one or both the AG and/or IG Districts; • 2) Create a conditional use perrnit (CUP) for the use with findings and perfonnance standards; . . . � .: 3) Regulate them as interim uses (IUP) with current ordinance mechanisms available as a . �. • basis for the creation of perFormance standards and a review process. ' , Given the relatively minimal site development (beyond access, parking and event staging), the Planning Commission recommended that Planning Staff groceed with the third alternative of creating an interim use permit for the uses. STANDARDS FOR INTERiM USES ' The.Zoning Ordinance currently permits interim uses based on the following standards: 1) The interim use must be allowed in the zoning district where the property is loca.ted. 1 ) � /� B:108-10-93.009 �ver�tGeing s �oming �Ul�i C�J\,OSPri10uYltl' Page 1 of3 Planning Cocnmission Meeting Reviews/Z.O. Text Amendment Adventure Zoae / Splatball, Inc. August 10, 1993 2) The interim use must meet or exceed the performance standards set forth in the zoning ordinance and other applicable City ordinances.� 3) The interim use must comply with the specific standards for the use identified in the _ zoning ordinance, and must comply with all conditions of approval which shall be includerl in an interim use agreement. The ordinance specifies that.interim uses terminate upon any of the following events: 1) The date stated on the pemut; 2) Upon violation of the condition(s) under which the permit was issued; 3) Upon change in the City's zoning regulation which renders the use non-conforming. In addition, the Ciry has the ability to attach conditions to the appmval of a permit to mitigate anticipated adverse impacts associated with the use, to ensure compliance with the standards of appmval, to �rotect the value of other property, and to aclueve the goals and objectives of the comprehensive plan. CONIlI�RCIAL OITI'DOOR RECREATTON Commercial Recreation is a use that had been previously permitted in the Agriculture District prior to the adoption of the new Zoni.ng Ord.inance in 1989. The General Industrial District permitted public and quasi-public facilities.and services required by the working population; but not specifically ineluding parks, recreational facilities and golf courses. DISCUSSION The uses will have to be become "Uses Permitted by Interim Use Permit - Commercial Outdoor Recreation" in the applicable zoning district. Golf Courses may remain a non-conforming use, or the Planning Commission might consider golf courses in conjunction with this amendment. The implications of ineeting existing performance standards will require that the uses have access permits by the City, Counry or the Minnesota Department of Transportaxion (Mn/DO'I� if required; paved driveways and parking lots constructed to City standards; and, adherence to all applicable building and fire codes.. Mn/DOT has reviewed the information provided by The Adventure Zone and has found the proposal to be acceptable if condidoned on improving the entry to 32 feet�wide with a minimum 10 foot radius. If the use generates more trips than proposed, Mn/DOT may require additional turn lanes. The office trailer located on the Adventure Zone site wi11 have to be brought into conformance with the Uniform Building Code or removed from the site. In addition, private sanitary facilities will have to be provided in the form of septic systems and wells for potable water supply. Currently, portable outhouses are used which would no longer . be allowed. B:�os-iasa.009 Page 2 of 3 � � Planning Commission Meeting Reviews/Z.O. Text Amendment Adveature 7one 1 Splatball, Inc. August 10, 1993 Approval of the IUP will require a Planning Commission review and recommendation forwazded to the City Council for consideration after a public hearing is conducted by the Council. RECOMMENDATION ' - No action is requested at this time as this is presented as a discussion item. If the Planning Commission affums the above, than ordinance language will be developed for a future review and recommendation to the City Counci2. ' B:�os-ia9a.009 Page 3 of 3