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HomeMy WebLinkAbout6. Mike McDonough - Zoning Ordinance Text AmendmentEXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: JUNE 4, 1991 AGENDA ITEM: Mike McDonough - Zoning AGENDA SECTION: Ordinance Text Amendment PUBLIC HEARING PREPARED BY: Dean Johnson, Resource Strategies Corp. AGENDA YTEM j6 ATTACHMENTS: Memorandum; Ordinance Amendment; AP OVED B . Applicant Submittal; Hrg Notice; Mailing List. Attached is a variety of information pertaining to a proposz4 by Mike McDonough to develop commercial outdoor recreational uses on his property at 14000 South Robert Trail. Detailed background information is included in my May 23, 1991 memo to the Planning Commission. Mr. McDonough has petitioned the City to amend the text of the Zoning Ordinance to allow commercial outdoor recreation uses in the C-2 Zoning District. Mr. McDonough's submittal to the City identifies a variety of potential uses, which could be developed on the site over a period of time. His immediate development interests included construction of a "go kart" track along South Robert Trail, south of Sunrise Builder Supply. Considering the seasonal nature of the use, Mr. McDonough has been pursuing an expedited development and review process. He would like to open the track in early June. In consideration of the Zoning Ordinance amendment petition, the Planning Commission expressed concern about the lack of details of the overall development initiative and the proper sequence or procedure in which the review and recommendation should be made. The Commission discussed the Zoning ordinance requirement for utilizing the Planned Unite Development procedure in reviewing multiple use projects. The Commission felt the PUD review of the applicant's development proposal was preferable prior to acting upon the petition to amend the Zoning Ordinance. The Commissioners were reminded that if the Zoning Ordinance amendment was denied, a reapplication for the same amendment could not be made for six months. In view of the circumstances, the following action was taken by the Planning Commission at the May 28, 1991 Regular Meeting: MOTION by Edwards to advise City Council that the Planning Commission recognizes that the commercial outdoor recreational development proposal submitted by Mike McDonough for use of his property located at 14000 South Robert Trail deserves review under the Planned Unit Development process and information submitted does not allow the Planning Commission to make recommendation at this time; therefore, the Planning Commission requests that the applicant request the City Council defer taking action on the Zoning Ordinance Text Amendment Petition until the PUD process is complete; and, further, should the applicant fail to make that request then it is the recommendation of the Planning Commission for denial of the text amendment. Second by Meyer. Ayes: 5. Nays: 0. RECOMMENDED ACTION: MOTION to table action on the petition to amend the Zoning Ordinance pending PUD review of the McDonough commercial outdoor recreational proposal. -or- MOTION to deny the petition to amend the Zoning Ordinance. COUNCIL ACTION: �ity of Rosemount PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen TO: PlanningCommission John Oxborough Harry Willcox Dennis Wippermann FROM: Dean Johnson, Resource Strategies Corp. ADMINISTRATOR Stephan Jilk DATE: May 23, 1991 SUBJ: May 28, 1991 Regular Planning Commission Meeting Reviews MIKE McDONOUGH - ZONING TEXT AMENDMENT PETITION At the May 14, 1991 Regular Meeting the Planning Commission determined that commercial outdoor recreation uses were not a permitted use in the C-2 Zoning District. As a result, Mike McDonough is pursuing a Zoning Ordinance text amendment that would permit outdoor commercial recreation uses on his property, located at 14000 South Robert Trail. The Planning Commission accepted the Zoning Ordinance Amendment Petition at the May 14, 1991 Regular Meeting and requested the City Council set a Public Hearing date. At its May 21, 1991 Regular Meeting, the City Council set a Public Hearing to consider this matter at 8:00 p.m., June 4, 1991. Mr. McDonough is pursuing a range of potential uses, which appear compatible and "customary" to an outdoor commercial recreation center. He has described these uses as seasonal, which is realistic due to the winter weather restrictions in Minnesota. Mr. McDonough has proposed a phased approach to the development of such a complex, concentrating at this time on the construction of a go kart track and support facilities. The site in question is approximately 11 acres in size. It is currently occupied by Sunrise Builder Supply, owned and operated by Mr. McDonough. Sunrise Builder Supply consists of a variety of buildings for the storage and sale of building supplies. The use also includes outdoor storage of building products. Mr. McDonough proposes to continue operating Sunrise Builder Supply on the premises. There are a number of questions and concerns that remain unresolved at this time. The level of detail submitted for review and the lack of specificity in the proposed development make it difficult to identify the scope of the project or the issues that may arise. In one paragraph of the applicant's 5/8/91 written submittal, phase one is described to include kart track development, two small buildings, parking, fencing, signs and lighting. The next paragraph states, "Excavation is tentatively scheduled to start on 5- 15-91 as well as 7 other related projects. With the proper dosage of speed, the venture would be in operation the week of 6-3-91.' Based upon the proposed seasonal use of the concession trak and scope of known buildings, Public Works Director/Building Official Ron Wasmund has indicated that portable toilets are apparently a permitted alternative to permanent public facilities. While public utilities may be available to the site in the future, they are not available at the current time. There is a private well and drainfield that serve the lumber business. Any change or intensification of the use of those facilities in connection with the new development could trigger substantial code requirements such as building sprinklering. At the present time this does not appear to be the case. The review and resolution of all site plan, zoning ordinance, building code and fire code issues will be completed prior to the issuance of any permits. An understanding of these is helpful in pursuing any ordinance amendment to permit this type of development. We clearly do not wish to have the applicant go through an ordinance amendment process, only to determine other obstacles remain. i6veryikingrs Coomrng CU(b gosemounl.11 Regular Planning Commission Meeting Reviews May 28, 1991 Page Two The options available to Mr. McDonough to pursue zoning compatibility, included a zoning district change or a zoning text change. As noted earlier the C-2 zoning district does not permit commercial outdoor recreation. The C-3 and C-4 districts do permit commercial outdoor recreation, `provided all improvements conform to setback requirements for principal buildings in the district and no facilities are closer than fifty (50) feet to an "R" District boundary." Based upon past discussions and actions by the Planning Commission and City Council, regarding the compatibility of C-3 and C-4 zoning in this area, we recommended that Mr. McDonough pursue a zoning text amendment. Such a proposed text change would permit commercial outdoor recreation in the existing C-2 District. Enclosed is a copy of a proposed ordinance amendment, which would accomplish this. At issue, is the determination whether the C-3 and C-4 Districts are any more suited to support commercial recreation uses than the C-2 District. Conversely, is the C-2 District any less suited to support this type of use than the C-3 or C-4 Districts? All other ordinance and code requirements affecting the permitting of this type of development would be identical. This particular site has access to TH3. This type of exposure is similar to the criteria in consideration for establishing C-3 and C-4 Districts. This particular site is not contiguous to the rest of the C-2 Community Commercial District. The site is contiguous to existing and proposed public recreational uses. It is also contiguous to a cemetery, a non -conforming auto sales use and the Rosemount Woods manufactured home development. Concerns regarding noise, traffic and lighting will need to be discussed and resolved if the proposal moves ahead. These issues, however, are not unlike those of adjacent uses, such as Erickson Park and the proposed Armory development. Other concerns regard non -site specific issues in a zoning text amendment. In other words, the proposed text change would result in the potential for commercial outdoor recreation anywhere in the C- 2 District. The C-2 District is defined as the "community center." It reflects the existence of an "older, more traditional downtown." By its nature, however, it is geographically restricted in size and limited to any realistic expansion. It is also primarily fully developed. The size and existence of vacant parcels or redevelopment potential in the C-2 District for other commercial outdoor recreation uses appears to have practical limitations. There are many remaining issues that require further review, before this proposal may move ahead. On the matter of the zoning text amendment, it is necessary to move forward. On the basis of the discussion above, I would recommend Planning Commission consideration of the proposed Zoning Ordinance text amendment to permit commercial outdoor recreation in the C-2 District. This recommendation is based upon the apparent compatibility of the proposed public recreation uses in the immediate area and the apparent practical limitations to other commercial, outdoor recreation uses in the C-2 District. I must mention my obvious awareness of the City's major park planning process underway. Mr. McDonough's property has been the subject of previous discussion with respect to future park expansion and development. With all due respect to that process, we are not at liberty to put Mr. McDonough on -hold until the process is complete. CITY OF ROSEMOUNT ORDINANCE NO. B-12 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS: SECTION 1. Section 6.10, Subparagraph B(3) of Ordinance B - City of Rosemount Zoning Ordinance is amended to read: 3. All Retail Goods and Service Establishments conducted within structures but excluding automobile and equipment sales, services and repair establishments; truckstops; drive-thru restaurants; gasoline and fuel sales; and car washes. SECTION 2. Section 6.10, Subparagraph B(3) of Ordinance B - City of Rosemount Zoning Ordinance is amended by adding the following: 7. Recreation. Commericial - Outdoor provided all improvements conform to setback requirements for principal buildings in the district and no facilities are closer than fifty (50) feet to an "R" District boundary. SECTION 3. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 4th day of June, 1991. CITY OF ROSEMOUNT Vernon J. Napper, Mayor ATTEST: Susan Walsh, City Clerk Published in the Farmin on Independent this day of 2 1991. No: Date: City of Rosemount REZONING / ZONING ORDINANCE TEXT AMENDMENT PETITION Applicant: 1�1C/�22,5L2 0J.10yG /2, Phone: -'-12 3 -222 q Address: /4,/000 $a. STATUS OF APPLICANT: X Owner Buyer Lessee OTHER: LOCATION: Lot/fib , Block , Addition Street Address: /-4100 O .So Metes & Bounds Description Attached:/mss Survey or Plot Plan Attached: Affected Section(s): REASON FOR REQUEST: 2.Le2 o el2o" &e G7-1Guov S SU/T/1Or�i✓'D a 77 y S/TG. 3. (!/OU/d G/U� /�EUG1012 �/? T .9 //ate s✓,9 ti c a s C7o . Signature of Applicant: Application received by. ���¢ ( a te Date: T Fee: Sn -- How Paid: _�%� = Date: Planning Commission Action: Date: 7/7� T��T o f' ITS C — 0 zoiviNG' w /rte ���/r���T.sTio.� I d T1Y Of ,f'OT`1� 2.Le2 o el2o" &e G7-1Guov S SU/T/1Or�i✓'D a 77 y S/TG. 3. (!/OU/d G/U� /�EUG1012 �/? T .9 //ate s✓,9 ti c a s C7o . Signature of Applicant: Application received by. ���¢ ( a te Date: T Fee: Sn -- How Paid: _�%� = Date: Planning Commission Action: Date: PHONE (612) 423-4411 FAX (612) 423-5203 GoGity of Rosemount 2875 - 145th Street West, Rosemount, Minnesota MAYOR Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen John Oxborough AFFIDAVIT OF POSTED HEARING NOTICE Harry Willcox Dennis Wippermann MIKE MCDONOUGH - ZONING ORDINANCE ADMINISTRATOR AMENDMENT PETITION Stephan Jilk STATE OF MINNESOTA } COUNTY OF DAKOTA } SS CITY OF ROSEMOUNT Susan M. Walsh, 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 May 23, 1991, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, Rosemount, Minnesota, a copy of the attached notice of a public hearing for consideration of a Zoning Ordinance Amendment, pertaining to C-2 District permitted uses. S an M. Wadsh City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this t" - , 1991. CINDY DORNIDEN NOTARY PUB "lli PFSOTA DAKOTA COUNTY — MY Comm. E*res Aug. 25,M .2 3 t- d day of dry Public It i6veryl kings Coming (Up g osemount!1 eity of Rosemount PHONE (612) 423-4411 2675 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Vernon Napper P. 0. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Kiassen John Oxborough Public Notice Harry Willcox Dennis Wippermann Mike McDonough - Zoning Ordinance ADMINISTRATOR Stephan Jilk Text Amendment Petition TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on Tuesday, June 4, 1991 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 an amendment to the City of Rosemount Ordinance B - Zoning Ordinance, to permit commercial outdoor recreation uses in the C-2 Community Commercial Zoning District. Such persons as desire to be heard with reference to this item will be heard at this meeting. Dated this 21st day of May, 1991. Su an M. Wa sh, City Clerk City of Rosemount Dakota County, Minnesota 6verylLngs (Pouring Up gosemounI.11 MIKE McDONOUGH - ZONING TEXT AMENDMENT PETITON MAILING LIST ROSEMOUNT WOODS MOBILE HOME COURT 1. Occupant Lot 1, Block 12 13975 Bunratty Avenue Rosemount, Mn 55068 2. Occupant Lot 2, Block 12 13995 Bunratty Avenue Rosemount, Mn 55068 3. Occupant Lot 1, Block 6 13910 Bunratty Avenue Rosemount, Mn 55068 4. Occupant Lot 2, Block 6 13920 Bunratty Avenue Rosemount, Mn 55068 5. Occupant Lot 3, Block 6 13930 Bunratty Avenue Rosemount, Mn 55068 6. Occupant Lot 4, Block 6 13940 Bunratty Avenue Rosemount, Mn 55068 7. Occupant Lot 5, Block 6 13950 Bunratty Avenue Rosemount, Mn 55068 8. Occupant Lot 6, Block 6 13960 Bunratty Avenue Rosemount, Mn 55068 9. Occupant Lot 7, Block 6 13970 Bunratty Avenue Rosemount, Mn 55068 10. Occupant Lot 8, Block 6 13980 Bunratty Avenue Rosemount, Mn 55068 11. Occupant Lot 9, Block 6 13990 Bunratty Avenue Rosemount, Mn 55068 12. Occupant Lot 10, Block 6 13995 Bundoran Avenue Rosemount, Mn 55068 13. Occupant Lot 11, Block 6 13985 Bundoran Avenue Rosemount, Mn 55068 14. Occupant Lot 12, Block 6 13975 Bundoran Avenue Rosemount, Mn 55068 15. Occupant Lot 13, Block 6 13965 Bundoran Avenue Rosemount, Mn 55068 16. Occupant Lot 14, Block 6 13955 Bundoran Avenue Rosemount, Mn 55068 17. Occupant Lot 15, Block 6 13945 Bundoran Avenue Rosemount, MN 55068 18. Occupant Lot 16, Block 6 13935 Bundoran Avenue Rosemount, MN 55068 19. Occupant Lot 17, Block 6 13925 Bundoran Avenue Rosemount, MN 55068 20. Occupant Lot 18, Block 6 13915 Bundoran Avenue Rosemount, MN 55068 21. Occupant Lot 1, Block 7 13910 Bundoran Avenue Rosemount, MN 55068 22. Occupant Lot 2, Block 7 13920 Bundoran Avenue Rosemount, MN 55068 23. Occupant Lot 3, Block 7 13930 Bundoran Avenue Rosemount, MN 55068 24. Occupant Lot 4, Block 7 13940 Bundoran Avenue Rosemount, MN 55068 25. Occupant Lot 5, Block 7 13950 Bundoran Avenue Rosemount, MN 55068 26. Occupant Lot 6, Block 7 13960 Bundoran Avenue Rosemount, MN 55068 27. Occupant Lot 7, Block 7 13970 Bundoran Avenue Rosemount, MN 55068 28. Occupant Lot 8, Block 7 13980 Bundoran Avenue Rosemount, MN 55068 29. Occupant Lot 9, Block 7 13990 Bundoran Avenue Rosemount, MN 55068 30. Occupant Lot 10, Block 7 13995 Broughshane Avenue Rosemount, MN 55068 31. Occupant Lot 11, Block 7 13985 Broughshane Avenue Rosemount, MN 55068 32. Occupant Lot 12, Block 7 13975 Broughshane Avenue Rosemount, MN 55068 33. Occupant Lot 13, Block 7 13965 Broughshane Avenue Rosemount, MN 55068 34. Occupant Lot 14, Block 7 13955 Broughshane Avenue Rosemount, MN 55068 35. Occupant Lot 15, Block 7 13945 Broughshane Avenue Rosemount, MN 55068 36. Occupant Lot 16, Block 7. 13935 Broughshane Avenue Rosemount, MN 55068 37. Occupant Lot 17, Block 7 13925 Broughshane Avenue Rosemount, MN 55068 38. Occupant Lot 18, Block 7 13915 Broughshane Avenue Rosemount, MN 55068 SECTION 20, TOWNSHIP 115 RANGE 19 39. Dr. J. Richard Dewey 34-02010-020-80 Independent School District 196 34-02010-014-55 14445 Diamond Path Rosemount, MN 55068 40. St. John's Lutheran Church 34-02010-010-60 3285 144th Street West 34-02010-020-80 Rosemount, MN 55068 41. Al Monk 13975 South Robert Trail Rosemount, MN 55068 42. Earl J. & Karen A. Tourdot 2965 Bruce Court Inver Grove Heights, MN 55075 43. Richard L. Battaglia P.O. Box K Rosemount, MN 55068 44. MN State Armory Building Comm. Vets Service Building St. Paul, MN 55155 45. Dean C. & Bernice V. Falls 13836 South Robert Trail Rosemount, MN 55068 46. Martin P. & Ritha Lucking 13830 South Robert Trail Rosemount, MN 55068 47. Kenneth B. & Shirley Romness Charles V. & Anita M. Carlson 2220 Commerce Boulevard Mound, MN 55364 34-02010-022-60 34-02010-060-80 34-02010-031-60 34-02010-043-60 34-02010-013-55 34-02010-030-80 34-02010-040-80 34-02010-050-80 48. NHD Rosemount Woods Assoc. LTD Ptnshp 34-02010-012-81 3010 Plaza VII Tower 34-02010-014-88 45 7th Street South Minneapolis, MN 55402 AUDITOR'S SUBDIVISION NO. 1 49. Church of St. Joseph 34-03700-010-06 14375 South Robert Trail Rosemount, MN 55068 5-8-91 City of Rosemount Planning Commission City Council 2875 W. 145th Rosemount, Mn, 55068 RE: DAKOTA TRAX Venture' SUBJ: Why, How, Who, What, Why Not, Objective WHY: The proposed usage by DAKOTA TRAX comes before the commission and council in response to on going demographic situations which currently affect the Rosemount Businesses and population. Rosemount is not the beneficiary of Cedar Ave., 35E and Co. Rd 42. As Dean Johnson has stated openly in the past "Rosemount just doesn't have it". "The demographics will not support a Target, Cub or Holiday Inn." Holiday Inn has agreed that presently a motel cannot be supported at this time. In response to this information, questions are being asked, "Can it be changed?" "Will it change?" HOW: What form of business development will draw from its neighboring communities? WHO: The DAKOTA TRAX concept can be groomed over time to enhance the land usage already around it by offering: 1. Outdoor Recreational Entertainment 2. Passive Spectator Entertainment 3. Connecting Picnic Areas 4. Daytime Connection of City Trail System S. Possibilities of New Business Ventures 6. Social Gathering Accomodations 7. Compatable Amusement Activities WHAT:New ventures require input, criticism and flexability so as to address future problems and requests. Three common concerns from planning and council has been: 1. Impact to Cemetary 2. Noise 3. Safety 1. An attached letter from St. Josephs Church summarizes conversations and concerns about the possibl-e impact to the cemetary such as vandalism and trash as a result of kids walking between town and the trailer park. Fencing and Russian Olive bushes will be used to discourage commuters. Also, as per the Plan, a gate on the sites East border will be opened during operating hours. 2. Attached are the Johnson Kart Manufacturers test results in response to a noise issue. A point which the manufacturer brings out is that there are major differences between a Concession Kart and a Go -Kart. Johnson Kart is a concession Kart manufacturer which has tackled the issues such'as noise and safety concerns in response to the overwelming enjoyment that people get from the karts. 3. Both the Kart manufacturer and the insurance company have Provided recommendations and requirements relating to the track operations and design. By minimizing potential problems and liabilities, the track will be more enjoyable and profitable. ( See attached) WHY NOT: A conflicting viewpoint yet to be addressed is that "How can we allow this venture where part of the activity "outdoor recreation" is not allowed in its C-2 zoning? And "How can ballfields, cross country skiing, stadium sports and hiking be classified as "not outdoor recreational activity?" which takes place on the East and West side of the site. An allowed usage in the C-2 zone is civic and cultural entertainment. Active entertainment as well as passive entertainment is compatable with the area usage now and in the future. Private citizens and public officials have expressed considerable excitement over the concept of DAKOTA TRAX'and encouraged us to keep working towards actually operating soon. No person has offered any objections to the location or concept at this time. The reaction has been upbeat, excited and electric as v.. to the overwelming possibilities such as: 1. Radio Control Track 2. Batting Cages 3. Company Picnics 4. Video Arcade 5. Mini Golf 6. Skateboard Track 7. Rollerblade Course 8. Concession Activity 9. Waterslide 10. Bumper Boats 11. Sport Shops 12. Hobby Shops 13. Social Meetings 14. Indoor Golf Range 15. Bumper Cars As you can see, the possibilities are there. .This project will contribute something to the community over time and can guarantee nothing if the project does not happen. OBJ: The first phase of this venture is to do a Concession Kart Track with a moveable 12x12 support building.and a 12x16 service building, including accessories such as fencing, parking, signage and lighting as described on the plan. Because'of the list of Possibilities, we have elected this phase and scope as a test of the market so as to address the future requirements. Through communications with planning and council, the least abrasive .method of continuing with this project is: That the planning commission openly agree that the DAKOTA TRAX venture is an acceptable seasonal use at the proposed site, subject to building and fire codes. Excavation is tenatively scheduled to start on 5-15-91 as well as 7 other related projects. With the proper dosage of speed, the venture would be in operation the week of 6-3-91. Sincerely Mike McDonough 9 IA375 SOUTH ROBERT TRAIL ROSEMOUNT, MINNESOTA 55066 Dear Michael: April 29, 1991 You have asked me to point out any thing that might concern St. Joseph's Parish if you developed your property north of our church property. You stated that you hoped to use it for a recreational park with different types of games. I discussed this project with some of our people and we feel that there are some things to be considered: St. Joseph's Cemetery is just south of your property. We want to be sure that there is no traffic through area. I have talked with you about a fence for part of that area on the far end of the cemetery. Vandalism is always a concern where cemeteries have the general public driving or walking in the immediate area. The other concern was that we want to make sure that the cemetery does not become an area where people throw cans, papers, and garbage. We have talked about the noise and it seems that there should be no problem according to your present plans. We have gone over all these areas and you seem to feel that they could be controlled or contained with good planning. These points appear to be our concerns and according to your present plans seem to be able to be worked out as we work together. Good luck with your new venture. Sincerely yours � Rev. Francis J. Roach Pastor April 24, 1991 Mr. Mike McDonough Sunrise Builder Supply 14000 South Robert Trail Rosemount, MN 55068 Dear Mike: This letter is a follow-up to our phone conversation, yesterday, regarding your interests in developing outdoor recreation facilities on the Sunrise Builder Supply site. Aside from detailed site plan information, there are two separate issues which require further evaluation and resolution: zoning compatibility and building/fire code compliance. As we discussed, your property is zoned C-2 Community Commercial. The C-2 District permits "All retail goods and service establishments conducted within structures but excluding .... commercial outdoor recreational uses." You suggested that perhaps the Planning Commission and City Council could make an interpretation on the compatibility of your proposal. This is permitted under the Board of Appeals and Adjustments section of the ordinance; however, I believe the ordinance provision on outdoor recreational uses is perfectly clear and not subject to an interpretation. As time is of the essence for you, I would suggest seeking an ordinance amendment, rather than an interpretation. A petition to amend the Zoning Ordinance could involve two separate approaches: a text amendment to allow outdoor recreation in the C-2 District or a rezoning to C-3 or C-4, which already permit outdoor recreation. If you choose to pursue an amendment, I would recommend that you state either approach is acceptable to you. This will allow the City to evaluate any implications which may result in a preferable route of action. Obviously, no amendment can be guaranteed at this time. The issue of building and fire code compliance is indeterminable due to the lack of specific details in your proposal. The size of structures, types of occupancy and potential joint use of existing structures all have bearing on the interpretation for code compliance. Without those details it is impossible to determine whether there are any significant obstacles to your proposal. Mike McDonough - Outdoor Recreational Use in C-2 District April 24, 1991 Page Two W As we discussed on the phone, there may be requirements for public utilities, sprinklering of buildings, handicap accessibility and other improvements, based upon the actual plans for development. These issues must be further discussed with Ron Wasmund, Public Works Director and George Lundy, Fire Marshal. It would be my recommendation that the zoning issues be pursued after the code issues have been evaluated more clearly. Please do not hesitate to contact me if you have any further questions regarding this matter. For the City of Rosemount Dean R. Johnson Resource Strategies Corporation DRJ/DQ cc: Stephan Jilk, City Administrator Ron Wasmund, Public Works Director/Building Official Mayor and City Council Planning Commission Farmington Independent AFFIDAVIT OF PUBLICATION Diane Berge, being duly sworn, on oath says that she is an authoriz- ed agent and employee of the publisher of the newspaper, known as City of Rosemount The Farmington Independent, and has full knowledge of the facts which t are stated below: •Publk Notice (A) The newspaper has complied with all of the requirements con- Mike McDonough - Zoning Ordinance stituting qualification as a legal newspaper, as provided by Minnesota TextAtnendaaencPetitlon Statutes 331A.02, 331A.07 and other applicable laws, as amended. TO WHOM TT MAY CONCERN: (B) The printed�li�ti C2h'CC NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold j a public hearing on Tuesday. June 4, 1991 in which is attached, was cut from the columns of said newspaper, and the Council Chambers of, the City Hall, was printed and published once each week for__.J_C Pi�Q 2875 145th Street West, beginning at 8:00 successive weeks; it was first_published on Thursday, the Q 3 rday p.m. or as soon thereafter as possible. ofd 19 111 and was thereafter printed and published on every Thursday, to and including Thursday, the j The purpose of this hearing is to consider an amendment to the City of Rosemount —day of , 19 , and printed below is a Ordinance B - Zoning Ordinance, to Pew copy of the lower case alphabet from A to Z, both inclusive, which is commercial outdoor recreation uses in the hereby acknowledged as being the size and kind of type used in the C-2 Community Commercial Zoning composition and publication of the notice: District. Such persons as desire to be heard with reference to this item will be heard at this abcde(ghijklmnopgrstuvex}z j meeting. ,a Dated this 21st day of May, 1991. By: J�v I Title: Administrator for the Publisher. /s/ Susan M. Walsh, City Clerk Susan M. Walsh, City Clerk City of Rosemount SubsKii�bed and sworn to before me on this day of Dakota County, Minnesota 191_ 1523 I � Z otary Pu lic AFFIDAVIT E LISA M. S!X �' (Iii 00:12:08E_,�r,sr.n�,��F,. ;NOTARY PUBLIC F„1Nt�ES0TALISA M. DAKOTA COUfiiY T n Commission Expires Nov. 19, 1992 P.O CRY PUBL-MfNt.ESOTA DAKOTA COUN15' .. _ wxpires Nov. 19, 1992 0ii� of (Rosemount PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423-5203 Mailing Address: Vernon Napper P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen John Oxborough AFFIDAVIT OF POSTED HEARING NOTICE Harry Willcox Dennis Wippermann MIRE MCDONOUGH - ZONING ORDINANCE ADMINISTRATOR, AMENDMENT PETITION Stephan Jilk STATE OF MINNESOTA COUNTY OF DAKOTA j SS CITY OF ROSEMOUNT Susan M. Walsh, 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 May 23, 1991, acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, Rosemount, Minnesota, a copy of the attached notice of a public hearing for consideration of a Zoning Ordinance Amendment, pertaining to C-2 District permitted uses. J su6an M. Wadsh City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to before me this 1991. a CINDY DORNIDEN NOTARY PUBLIC—MINNr.suTA DAKOTA COUM— My Comm. Expires Aug. 25,M ry Public 3'- day of 4S� 6verylkings Coving ` fi gosemoun2!1 0- (.�5dy of (Rosemount PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota FAX (612) 423-5203 Mailing Address: P. O. Box 510, Rosemount, Minnesota 55068-0510 Public Notice Mike McDonough - Zoning Ordinance Text Amendment Petition TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public hearing on Tuesday, June 4, 1991 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 an amendment to the City of Rosemount Ordinance B - Zoning Ordinance, to permit commercial outdoor recreation uses in the C-2 Community Commercial Zoning District. Such persons as desire to be heard with reference to this item will be heard at this meeting. Dated this 21st day of May, 1991. Su an M. Walsh, City Clerk City of Rosemount Dakota County, Minnesota (Sverylkingrs (Pouring ` j6 g osemounl!1 MAYOR Vernon Napper COUNCILMEMBERS Sheila Klassen John Oxborough Harry WillCox Dennis Wippermann ADMINISTRATOR Stephan Jilk MIKE McDONOUGH - ZONING TEXT AMENDMENT PETITON MAILING LIST ROSEMOUNT WOODS MOBILE HOME COURT 1. Occupant Lot 1, Block 12 13975 Bunratty Avenue Rosemount, Mn 55068 2. Occupant Lot 2, Block 12 13995 Bunratty Avenue Rosemount, Mn 55068 3. Occupant Lot 1, Block 6 13910 Bunratty Avenue Rosemount, Mn 55068 4. Occupant Lot 2, Block 6 13920 Bunratty Avenue Rosemount, Mn 55068 5. Occupant Lot 3, Block 6 13930 Bunratty Avenue Rosemount, Mn 55068 6. Occupant Lot 4, Block 6 13940 Bunratty Avenue Rosemount, Mn 55068 7. Occupant Lot 5, Block 6 13950 Bunratty Avenue Rosemount, Mn 55068 8. Occupant Lot 6, Block 6 13960 Bunratty Avenue Rosemount, Mn 55068 9. Occupant Lot 7, Block 6 13970 Bunratty Avenue Rosemount, Mn 55068 10. Occupant Lot 8, Block 6 13980 Bunratty Avenue Rosemount, Mn 55068 11. Occupant Lot 9, Block 6 13990 Bunratty Avenue Rosemount, Mn 55068 12. Occupant Lot 10, Block 6 13995 Bundoran Avenue Rosemount, Mn 55068 13. Occupant Lot 11, Block 6 13985 Bundoran Avenue Rosemount, Mn 55068 14. Occupant Lot 12, Block 6 13975 Bundoran Avenue Rosemount, Mn 55068 15. Occupant Lot 13, Block 6 13965 Bundoran Avenue Rosemount, Mn 55068 16. Occupant Lot 14, Block 6 13955 Bundoran Avenue Rosemount, Mn 55068 17. Occupant Lot 15, Block 6 13945 Bundoran Avenue Rosemount, MN 55068 18. Occupant Lot 16, Block 6 13935 Bundoran Avenue Rosemount, MN 55068 19. Occupant Lot 17, Block 6 13925 Bundoran Avenue Rosemount, MN 55068 20. Occupant Lot 18, Block 6 13915 Bundoran Avenue Rosemount, MN 55068 21. Occupant Lot 1, Block 7 13910 Bundoran Avenue Rosemount, MN 55068 22. Occupant Lot 2, Block 7 13920 Bundoran Avenue Rosemount, MN 55068 23. Occupant Lot 3, Block 7 13930 Bundoran Avenue Rosemount, MN 55068 24. Occupant Lot 4, Block 7 13940 Bundoran Avenue Rosemount, MN 55068 25. Occupant Lot 5, Block 7 13950 Bundoran Avenue Rosemount, MN 55068 26. Occupant Lot 6, Block 7 13960 Bundoran Avenue Rosemount, MN 55068 27. Occupant Lot 7, Block 7 13970 Bundoran Avenue Rosemount, MN 55068 28. Occupant Lot 8, Block 7 13980 Bundoran Avenue Rosemount, MN 55068 29. Occupant Lot 9, Block 7 13990 Bundoran Avenue Rosemount, MN 55068 30. Occupant Lot 10, Block 7 13995 Broughshane Avenue Rosemount, MN 55068 31. Occupant Lot 11, Block 7 13985 Broughshane Avenue Rosemount, MN 55068 32. Occupant Lot 12, Block 7 13975 Broughshane Avenue Rosemount, MN 55068 33. Occupant Lot 13, Block 7 13965 Broughshane Avenue Rosemount, MN 55068 34. Occupant Lot 14, Block 7 13955 Broughshane Avenue Rosemount, MN 55068 35. Occupant Lot 15, Block 7 13945 Broughshane Avenue Rosemount, MN 55068 36. Occupant Lot 16, Block 7. 13935 Broughshane Avenue Rosemount, MN 55068 37. Occupant Lot 17, Block 7 13925 Broughshane Avenue Rosemount, MN 55068 38. Occupant Lot 18, Block 7 13915 Broughshane Avenue Rosemount, MN 55068 SECTION 20 TOWNSHIP 115 RANGE 19 39. Dr. J. Richard Dewey 34-02010-020-80 Independent School District 196 34-02010-014-55 14445 Diamond Path Rosemount, MN 55068 40. St. John's Lutheran Church 34-02010-010-60 3285 144th Street West 34-02010-020-80 Rosemount, MN 55068 41. All Monk 13975 South Robert Trail Rosemount, MN 55068 42. Earl J. & Karen A. Tourdot 2965 Bruce Court Inver Grove Heights, MN 55075 43. Richard L. Battaglia P.O. Box K Rosemount, MN 55068 44. MN State Armory Building Comm. Vets Service Building St. Paul, MN 55155 45. Dean C. & Bernice V. Falls 13836 South Robert Trail Rosemount, MN 55068 46. Martin P. & Ritha Lucking 13830 South Robert Trail Rosemount, MN 55068 47. Kenneth B. & Shirley Romness Charles V. & Anita M. Carlson 2220 Commerce Boulevard Mound, MN 55364 34-02010-022-60 34-02010-060-80 34-02010-031-60 34-02010-043-60 34-02010-013-55 34-02010-030-80 34-02010-040-80 34-02010-050-80 48. NHD Rosemount Woods Assoc. LTD Ptnshp 34-02010-012-81 3010 Plaza VII Tower 34-02010-014-88 45 7th Street South Minneapolis, MN 55402 AUDITOR'S SUBDIVISION NO. 1 49. Church of St. Joseph 34-03700-010-06 14375 South Robert Trail Rosemount, MN 55068