HomeMy WebLinkAbout5.a. Rich Valley Golf Course Rezoning Petition and Zoning Ordinance Text Amendment 1r , . _ � � �
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PHONE (612)423-4411 2875-145th Street West,Rosemount,Minnesota MAYOR
fAX (612)423-5203 Mailing Address: Edward B.McMenomy
P.O.Box 510.Rosemount,Minnesota 5506&0510 COUNCILMEMBERS
Sheila Klassen
James(Red}�Staats
Affidavit of Mailed and Posted Hearing Notice oe n sr W p lpermann
RAI'1VIUND RAHN - RICH VALLEY GOLF COURSE - 3855 145Z'x STx�ET EAs�p�h��k�p
REZONING PETITION
STATE 4F MINNESOTA )
COUNTY OF DAKOTA ) SS ,
CITY OF ROSEMOUNT )
Susan M. Wa1sh, being first duly sworn, deposes and says:
I am a United States citizen and the duly qualified Clerk of the City of Rosemount,
Minnesota.
On August 20, 1993, acting on behalf of the said City, I posted at the City Hall, 2875
145th Street West, and deposited in the United States Post Off'ice, Rosemount,
Minnesota, a copy of the attached notice of a Public Hearing for consideraxion of a
rezoning of property identified as Rich Valley Golf Course from AG Agriculture to PUB
Public/Quasi-Public, enclosed in sealed envelopes, with postage thereon fully prepaid,
addressed to the persons listed on the attached listings at the addresses listed with their
names. .
There is delivery service by United States Mail between the place of mailing and the
places so addressed.
S an M. W
City Clerk
City of Rosemount
Dakota County, Minnesota .
Subscribed and sworn to before me this �`-��day of , :t�' 1993.
�
a o ' y ,
CI�tDY DORNiDEN �����r
�s -�F � N�7TARY PUBLIG—�NtlIyNESOT
� �;.,,�.. DAiCOTA t�Ut�iTY �0 Ptib11C
aiy Comm.�iires Aug.25.1
ffi ��V"PNh+Y's . . . .
�ver��hing s �omzng �� �osemoun���
�
.. , . RICH VALLEY GOLF COURSE:
R.Ezox�tvG PETtTtoN S��MB�rt 7 1993
MAILING ��IST
1• Koch Refining Co.
P.O. Box 2256 34-0240Q-015-85
Wichita, KS 67201 34-01900-010-57
34-0190Q-010-62
2• Koch Refining Co.
P.O. Box 64.596 �
St. Paul, MN 55164 �
— i
;
�, Lawrence H. Sowles
[
Sowles Properties Ltd. 34-02500-011-02 '
34-02500-012-02 �
28�� �ryant Avenue South �
Minneapolis, MN 55408
4• Vemon & Roxanne Napper
3405 145th Street East 34-02500-01p-06
Rosemount
MN
, 55068
5. Chicago & NW Trans. Ca
One NW Center 34-01900-010-SO
165 Canal Street North
�Chicago, II, 60606
6• Pine Bend Development Co.
Melvin G. Asdeford 34-01900-011-75
1200 Highway 13 West 34-03000-010-01
Bumsville, 1VIN 55337 � 34-030O0-010-19
7. USPCI, Inc.
515 Greens Road West 34-01900-012-75
Houston, TX 77067-4531
8. USPCI, Inc.
14450 South Robert Traii
Rosemount, MN 55068
9• Metropolitan Waste Control Commission
230 Sth Streef East 34-01900-010-86
_ St. Paul, MN 55101-162b
� 10. Mazlin & Joann Rechtzigel -
14727 Clayton Avenue East 34-030Q0-p13-35
Rosemount, MN 55068 34'030pQ-010-90
34-02500-010-75
11. Solberg Construction Co.
13245 Clayton Avenue 34-03000-010-40
Rosemount, MN 55068
12. Hans J. Abrahamsen
1700 Bellows 34-03000-010-50
St. Paul, MN 55118 3805
_ __ ,.
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City of Rosemount
Executive Summary for Action
City Council Meeting Date: Segtember 7, 1993
Agenda Item: Rich Valley Golf Course Agenda Section:
Rezoning Petitian & Zoning PUBLIC HEARING
Ordinance Text Amendment.
Prepared By: Lisa J. Freese Agenda
Director of Planner •� � ��� �
Attachments: Proposed Ordinance Appro d By•
Amendment, P.C. Review & Minutes; Hearing
Notiee; Mailing List; Location Map; �
As a result of a variance pe�ition, the Planning ommiss'
initiated a rezoning petition to rezone the Rich Valley olf Course
from Agriculture (AG} to Public/Quasi-Public (P) along with a text
_ amendment to remedy the Rich Valley golf course' s current
nonconforming status. The property is zoned Agricultural and golf
courses are not a permitted used in this zoning district.
Mr. Raymond Rahn, owner of Rich Valley Golf Coux'se, requested a
variance to agriculture accessory building standards to -build a
5, 400 square foot storage building. The Planning Commission action
as the Board of Appeals and Adjustments denied the variance request
because it did not meet the required findings. The Commissian
strongly believes that the rezoning is the appropriate approach to
take because it would eliminate th'e noncanforming s�atus on the
property and enable Mr. Rahn to construct the desired size of
. , accessory building.
The related text amendment establishes golf courses as a permitted
use in the P Public/Quasi-Public District and set standards for
building aesthetics consistent with the current standards in
commercial districts . The Planning Commission recommended approval
of this amendment at their regular meeting on August 24, 1993 .
The Planning Commission denied Mr. Rahn' s variance application and
he has filed an appeal to the City Council �f that decision. It is
also scheduled for a public hearing on this agenda. The Council
ma.y wish to discuss both items simultaneously.
Recommended Action: A MOTION to adopt Ordinance B-30 rezoning
the Rich Valley Golf Course to Public/Quasz-Public from
Agriculture and establishing golf courses as a permitted use in
the P Public District .
City Council Actior�.:
09/07/93.001
,.....,
City of Rosemount
Qrdinance No. B-30
AN ORDINANCE AMENDING ORDINANCE B
CITY OF RQSEMOUNT ZONING ORDINANCE
THE CTTY COUNCII. OF THE CI'TY OF ROSEMOUNT, MINNESOTA ORDAIlVS AS FOLLOWS:
SECTIo1v I. Section 6.16, Subsection B, P P�7BLIC A1ND I1vSTTTt1TIo1vAI.
D�S�CT af Ordinance B - City of Rosemount Zoning Ordinance is amended to read as
follows.
B. Uses Permitted By Right �
1. Ail public and institutional uses, facilities and structures.
2. Golf eourses that are open to the general public
SECTION II. Section 7.2, Subsection A.2 SUPPLEMENTARY REGULATIONS of
Ordinance B - City of Rosemount Zoning Ordinance is amended to read as follows:
2. Commercial and Public Districts (C-1, C-2, C-3 & P) In Commercial and Public
Districts ali buildings with exteriar finish or curtain wall panels of fuushetl steel,
aluminum or fiberglass shall be required to be faced with brick, decoratiue bloek wood,
stone, architectural concrete cast in place or precast conerete panels on one hundred {100)
percent wall surfaces abutting a public right-of-way, residential uses or public areas. The
required wall surface treatment on the remaining walls may allow a maximum of fifty
(SQ)percent af the metal of f berglass wall to remain exposed if it is coordinated into the
architectural design. Any metal fuush used in the building shall be a minimum of twenty-
six (26) gauge steel.
SECTION III. Ordinance No. B, adopted September 19, 1989, entitled Ordinance B -
City of Rosemount Zoning Ordinance, is hereby amended to rezone from AG Agriculture to
PUB PubliclQuasi-Public the fotlowing described property located within the City of
Rosemount, Minnesota to-wit:
The East Half of the Northwest Quarter (E'/2 of NW'la) along with the West
Ha1f of the Northeast Quarter (W112 of NE'/a) of Section 34, Township 115,
Range 18.
SECTION IV. The Zoning Map of the City of Rosemount referred to and
described in said Ordinance No. B as that certain map entitled, Zoning Map of the City of
Rosemoicnt shali not be republished to show the aforesaid rezoning, but the Clerk shall
appropriately mark the said zoning map on file in the Clerk's affice for the purpose of
indicating the rezoning hereinabove provided for in this Ordinanee and all of th� notation
references and other information,shown thereon are hereby incorporated by reference and
made a part of this Ordinance.
o�a#B-
Page 1 of 1
. ,
i�� a osemoun�
PHONE (612)423-4411 2875-145th Street Wesl,Rosemount,Minnesota MAYOR
FAX (612)4235203 Mailing Address Edward B.McMenomy
P.O.Box 570,Rosemount,Minnesota 55068-0510 COUNCILMEMBERS
TO: Pianning Commission s''�''a"'�SB"
James(Re�Staats
Harry Wilkox
F''ROM: Richard Pearsan, Assistant Planner oe���s w�p��,a��
ADMINISTRATOR
DATE: August 20, 1993 sfePna��ak.
SuB,T: August 24, 1�93 Regular Meeting Reviews
AGENDA ITEM 4B.
ATTACHIv1ENfs: iVone
4C. ORDINAI�'CE T`EXT Ari�ND1��NT:
Golf�'ourses to become a perrnitted use in the Public/Quasi-Public (PUB) District with
Development Stundurds
BACKGROUIr�D
On August 10, 1993, the Planning Commission denied the variance request of Raymond Rahn to
exceed accessory building standards in the Agriculture District. The Planning Commission as a
result, initiated a rezoning af the property to Public / Quasi-Public and develop star�dards to relieve
the golf course of its non-conforming use status. �
To that end, the following amendments are recommended;
SECTION 6.16 P Public and Institutional District
B. Uses Permitted By Right
1. All public and institutional uses, facilities and structures.
2. Golf Courses that are open to the general public.
SECTION fi.2 5UPPLFIV�NTARY REGULATIONS
A. Building Type and Construction
2. Commercial Districts (C-1, C-2, G3, C-4) and E�er��l-�es-in Public and Institutional
Districts.
In Commercial D�s�ts and c�ae�cia�ses-�-t�ie Public and Institutional Districts all
buildings with exterior finish or curtain wall panels of:finished stee�, aluminum or fiberglass
shall be required ta be faced with brick, decorative block, wood, stone, architectural concrete
cast in place or pre-cast concrete panels on one hundred (100)percent of wall surfaces
abutting a pubiic right-of-way, residential uses or public areas. The required wall surface
treatment on the remaining walls may allow a maximum of fifty (50) percent of the meta.l or
fiberglass wall to remain exposed if it is caordinated inta the architectural design. Any metai
fu�ish used in the building shall be a minunurn of twenty-six (26) gauge steel.
�ver���tng's �omtveg �� �osemoun���
� � August 24, 1993 Regular Meeting Reviews
A�enda Item 4b.
Page 2
RECOMIVIENDATION
MOTION to recommend that the City Council adopt the Zoning Ordinance Text Amendments for
Golf Courses in the Public and Institutianal District.
- .41JD -
MOTION to recommend that the City Council set a public hearing to hear testunony regarding the
proposed Zoning Ordinance Text Amendments at 8:00 p.m. on Tuesday, September 21, 1993 or as
soor, as possible thereafter.
• � Planning Commission Regular Meeting Minutes
August 10, 1993
Page Three
Mr. Pearson also noted that the 1,600 foot long driveway is not built to City standards for a
rural local street. City maintenance is not provided as this is considered a private drive and that
upgrading the driveway to City standards wouid be costly and would have to be assessed to the
property owners. In 19$7 an Agreement was signed by adjacent praperty owners to share the
cost of improvements, grading, plowing, mowing, and general maintenance of the "commonly
used road.° The easement, as well as the maintenance agreement, have been recorded at the
__ County and_the_City attorney_has confumed that the easement is a permanent record for each
- - -- property it traverses. However, since the topographic information submitted for review by the
City Engineer is not adequate to determine with any certainty whether ar not the proposed
house and septic system are safe from flooding Planning staff recomrnends denial of the
variance petition.
Mr. Terry Gabbert was in attendance and stated thaC he is willing to work with the City and the
Planning Commission. He advised that he vvill put in a proper culvert to handle the storm
water flow and a relocation of his proposed house and septic system is�viable. He further stated
his belief that the problems regarding the septic system and patential flooding can be
circumvented with proper grading and a drainage plan to handle excessive water flow.
There were no other persons in the audience for comment.
Chairperson Busho closed the public hearing at 6:35 p.m. and opened the discussion ta the
Board of Appeals and Adjustments. � � �
The Board expressed their concerns regarding the Ciry's responsibzlity to pravide proper safety
to public should the existing private access easement agreement fail to be unplemented or
enforceable. The Board also concuned with Planning staff that without additional professional
comrnent and recommendation regarding adequate methods for the prevention of potential
flooding Qf the lot that gublic health and safety issues may be jeopardized.
MOTION by Baago to table action on the variance petition submitteci by Terry and Diane
Gabbert for property located at 14993 Fisher Avenue (P.LD. No. 34-03300-010-10) until the
following is submitted for review and recommendation: 1) an updaterl version of the '
maintenance Agreement far the driveway is executed by the property owners and recorded at
the County; 2) relocation of the septic system to reduce the chance of failure related to
flooding; 3) recommendation by a qualified professional hydrologist or engineer hired by the
applieant to study the watershed effect on the property 'in order to determine what measures
should be taken to protect the residential use from potential flood events; 4) findings of the
required study be completed with the construction of the home and septic system; and 5)
submittal of a "hold harmless" document to be considered by. the City which protects the City
from future liability. Second by Busho. Ayes: Busho, Baago, Ingram. Nays: 0.
Chairperson Busho opened the Public Hearing at 6:40 p.m. to hear public comment on a
variance petition submitted by Raymond E. Rahn. The recording seczetary had in her
possession Affidavits of Publication and Maiied and Posted Hearing Notice.
• � Planning Commission Regular Meeting Minutes
August 10, 1993
Page Four
Mr. Raymond E. Rahn, owner of Rich Valley Golf Course, has petitionetl the City for a
variance to allow the construction of a 5,400 square foot pole barn on his praperty located
. northwest of the golf course. __ _ __ --- __ __ _ _ .
Assistant Planner Rick Pearson advised that Mr. Rahn's property is in the AG Agriculture
District and the golf course is considered a legal nonconforming use. The 135' x 40' structure
is intended to replace an existing 1,125-square-foot shed and will provide storage for
maintenance equipment for the golf course. Currently four accessory buildings totalling
approximately 7,9Q0 square feet are currently located on the property. 'The Zoning Ordinance
limits total aggregate total square footage of detached accessory structures for nonagricultural
uses in the AG Agriculture Districts east of Akron Avenue to a maximum of 2,400 square feet.
The ultimate aggregate total square footage will total approximately 12,200 square feet. This
represents about 9,800 square feet over the square footage allowed by ordinance.
Planning staff recommends denial of the variance petition because it would allow for an
expansion of a nonconforming use which is in violation of Section 13 Nonconforming Uses of
Ordinance B - City of Rosemount Zoning Ordinance and the request does not meet the findings
necessary for the granting of a variance as defined in Seetion 15.2 Findings of Ordinance B -
City of Rosemount Zoning Ordinance.
Mr: Rahn was in attendance and clarified the necessity for the additional square footage which
_ will provide protected starage for all his landscaping equipment which is used for maintenance --
of the golf course. When questioned, Mr. Rahn stated he was not operating an excavation
business and the equipment was neither used or rented far off-site use. Mr. Rahn advised that
the additional square footage will also provide security for his equipment as well as
enhancement of the site by removing all outside storage of equipment.
There were no other camments from the audience,
Chairperson Busho closed the public hearing at 7:05 p.rn. and opened xhe subject to Board
discussion.
The Board of Appeals and Adjustments discussed the option of rezoning this parcel to PUB
Public stating this may be a more appropriate way to aecommodate the petitioner and would
create fewer future complications that may open up the AG Agriculture District to a multiplicity
of nonagricultural uses.
MOTION by Busho to deny the variance petition submitted by Mr. Raymond E. Rahn to
aceessory structure standards in Section 7.2 of Ordinanee B =�City of Rosemaunt Zoning
Ordinance for his property located at 3855 145th Street East because the petition does not me�t
the required findings as stated in Section 15.2 G of Ordinance B - City of Rosemount Zoning
Ordinance. Second by Baa.go. Ayes: Baago, Busho. Nays; Ingram. Motion passed.
MOTION by Busho directing Planning sta.ff to initiate the proceedings for a Rezoning Petition
to rezone the property located at 3855 145th Street East from AG Agriculture to PB
, . _ . _. _ _.
__ _Public Notice __ ,
REZONING PETITION
RAYMOND RAHN - RICH VALLEY GOLF CDlIRSE - 3$SS 145TH STREET EAST
TO WHOM IT MAY CONCERN: _ .
_ NO�'ICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a
Public Hearing to consider the item listeti below on Tuesday, September 7, 1993 in the
Council Chambers of the City Hall, 2875 145th Street West, beginnuig at 8:00 p.m., or as
soon thereafter as possible. The public hearing listed below pertains to property located a�
3855 145th Street East, legally described as follows:
The East Half of the Northwest Quarter (E'h of NW'/a) along with the West Half of the
Northeast Quarter (W'h of NE'/4) of Section 30, Township 115, Range 18.
The purlaose of tlus hearing is to consider a rezoning petition uutiated by the City of
Rosemount Planning Commission for the rezoning of the above described property from
AG Agriculture to PUB Publie/Quasi-Public and to amend the iext of Ordinance B - City . .
of Rosemdunt Zaning Ordinance that would allow for public golf courses in the PUB � _ - -
Public/Quasi-Public District.
Persons wishing to speak on this rezoning recommendation and text amendment are invited
to attend the meeting on Zti�day, September 7, 1993 at S:OO u.m• Written comments
will also be accepted prior to the meeting date. Please forward all comments and inquiries
to the City of Rosemount Planning Department.
Dated this 19th day of August, 1993_
Susan M. Walsh, City Clerk
City of Rosemount
Dakota County, Minnesota
� ` RICH VALLEY GOLF COURSE• REZONIlVG PETITION �SEPTEMBER 7. 1993)
MAILING LIST
1. Koch Refining Co. 34-02400-015-85
P.O. Box 2256 34-01900-010-57
Wichita, KS 6?201 34-01900-010-62
2. Koch Refining Co.
P.O. Box 64596
St. Paul, NIN 55164
3. Lawrence H. Sowles 34-02500-011-02
Sowles Praperties Ltd. 34-02500-012-02
2817 Bryant Avenue South _ _
Minneapolis, MN 55408
4. Vernon & Roxanne Napper 34-02500-010-06
3�05 145th Street East � -
Rosemount, MN 55068
5. Clucago & NW Trans. Co. � 34-01900-010-50
One NW Center
165 Canal Street North
Chicago, IL 60606
6. Pine Bend Deuelopment Co. 34-01900-011-75
Melvin G. Astleford 34-03000-010-01
1200 Highway 13 West � . 34-03000-010-19
. Burnsville, MN 55337
7. USPCI, Inc. 34-01900-012-75
515 Greens Road West
Houston, TX 7706'�-453 i
8. USPCI, Inc.
14450 South Robert Trail
Rasernount, MN 55068
9. Metropolitan Waste Control Commission 34-Q1900-010-86
230 Sth Street East
St. Paul, MN 55101-i626
10. Marlin & Joann Rechtzigel 34-030Q0-013-35
14727 Clayton Avenue East 34-03000-410-90
Rosemount, MN 55068 34-42500-010-75
11. Solberg Construction Co. 34-03000-010-40 -
13245 Clayton Avenue
Rasemount, MN 55068 �
12. Hans J. Abrahamsen 34-03000-010-50
1700 Bellows
St. Paul, MN 55118-3805
' ' ` 13.. Frank & Betty Knoll 34-03000-012-75
4322 145th Street East
Rosemount, MN 55068
14. John A. Reese 34-0300Q-013-75
12205 Parkwood Place
Burnsville, MN 55337
15. Raymond J. Ostertag 34-03000-014-75
4230 145th Street East
Rosemount, MN 5506$ '
16. Raymond & Rosella Rahn 34-030Q0-010-09
3$55 145th Street East 34-03000-010-25
Rosemount, MN 55068 34-03000-010-30
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LEGEND . . :
R-1 SINGLE FAMIIT RESIDENTIAL ' C•1 CONVENIENCE COMMERCIAL AG A6RICULNRE
R-lA SIN6lE FAMIL7 RESIDENTIAL C-Z COMMUNiTT COMMERCIAI AGP A6fliCUl7URE PRESERVE
R-2 SiNG1.E FAMILY ATTACHED C•3 HI6HWAY SERYICE COMMERCIAL FW FLOODWAY
R-3 MULTIPLE FAMtIY RESIDENTIAL G-4 GENERAL COMMERGIAL WM WASTE MANAGEMENT
R-4 MULTIPLE FAMtLY RESIDENTIAL PB PUBLIC I QUASI-PUBUC � MISSISSIPPI RIVER CRITlCAL QREA
RR RUfiAI RESIDENTIAL 16 GENERAL INDUSTRIAI L� i-a���l'l�''H OF
RL RESIDENTIAL LOW DEN51'lY IP INDUSTRIAL PARK y�,Jr? �Q�"'lES"�'�
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City of Rosemount
Ordinance No. B-30
AN ORDINANCE AMENDING URDINANCE B
CITY OF ROSEMOUNr ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS:
SECTTON I. Section 6:16, Subsection B, P P[�sL�C �m I�vSTT�oN�,
DIs�cT of Ordinance B - City of Rosemount Zoning Ordinance is amended to read as
follows:
B. Uses Permitted By Right
1. All public and institutional uses, facilities and structures.
2. Golf courses that are open to the general public.
SECTION II. SeCtion .2, SubseCtion A.2 S PLEMENTARY REGULATIONS
of Ordinance B - City of Rosemou Zoning Ordina e is amended to read as follows:
2. Commercial and Public Distrr (C-1, -2, C-3 & P) In Commercial and
Public Districts all buildings with t 'or finish or curtain wall panels of
finished steel, aluminum or fibergl s all be required to be faced with brick,
decora.tive block wood, stone, ar 'tectu concrete cast in place or precast
concrete panels on one hundr (100) percen surfaces abutting a public
right-of-way, residential use or public areas. The uired wall surface
treatment on the remainin walls may allow a ma�mu f fifty (50)percent of
the metal of fiberglass all to remain exposed if it is coord into the
architectural design. y metal finish used in the building shall be a minunum
of twenty-s� (26) gauge steeL
SECTION III. Ordinance No. B, adopted September 19, 1989, entitled Ordinance
B - City of Rosemount Zoning Ordinance, is hereby amended to rezone from AG Agriculture
to PUB Public/Quasi-Public the following described property located within the City of
Rosemount, Minnesota to-wit:
The East Ha1f oF the Northwest Quarter (El/2 of NWl/a) along with the West
Half of the Northeast Quarter (W'h of NEl/a) of Section 30, Township 115,
Range 18.
SECTTON IV. The Zoning Map of the City of Rosemount referred to
and described in said Ordinance No. B as that certain map entitled, Zoning Map of the
City of Rosemount shall not be republished to show the aforesaid rezoning, but the
Clerk shall appropriately mark the said zoning map on file in the Clerk's office for the
purpose of indicating the rezoning hereinabove provided for in this Ordinance and all
of the notation references and other information shown thereon are hereby incorporated
by reference and made a part of this Ordinance.
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SECTTON V. This ordinance shall be effective immediately upon its
passage and publication according to law.
Enacted and ordained into an Ordinance this 7th day of September, 1993.
C1TY OF ROSEMOUNT
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. . Mc nomy, Mayor
A�sr:
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Sus . Wals City erk
Published in the Dakota County Tribune this day of ,
1993.
Ord#B-30
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