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:
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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
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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