HomeMy WebLinkAbout6.a. Request by Plant Place, Inc. for an Interim Use Permit allowing Temporary Garden Center 4 ROSEMOUNT
EXECUTIVE SUMMARY
PLANNING COMMISSION
Planning Commission Meeting: April 8, 2014
Tentative City Council Meeting: April 15, 2014
AGENDA ITEM: 14-22-IUP Request by Plant Place, Inc. for
an Interim Use Permit (IUP) Allowing a AGENDA SECTION:
Temporary Garden Center in the Parking
Public Hearing
Lot of the Rosemount Market Square
Shopping Center
PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 60,
APPROVED BY:
ATTACHMENTS: Location Map; Draft Interim Use Permit
Conditions; Applicant's Letter; Site Plan 10-/
RECOMMENDED ACTION: Motion to recommend the City Council approve the
Interim Use Permit (IUP) allowing a temporary garden center in the Rosemount Market
Square Shopping Center Parking Lot, subject to the following:
1. Conformance with all conditions outlined in the attached Interim Use Permit for
2014 through 2018.
SUMMARY
Applicant&Property Owner(s): Plant Place, Inc. &Rosemount Properties,LLC
Location: Rosemount Market Square Parking Lot (3408 150`h Street West)
Area in Acres: 7.1 Acres
Comp. Guide Plan Desig: C - Commercial
Current Zoning: C-4, General Commercial and Rosemount Market Square PUD
The applicant,Plant Place, Inc.,requests an Interim Use Permit (IUP) to allow the operation of a
temporary garden center. Should the City renew the IUP, Plant Place will operate the garden center in
the Rosemount Market Square Shopping Center parking lot (see attached map) located at 3408 150`h
Street West. This is the same location that Linder's Greenhouse had been operating a garden center in
past years. The garden center will operate from April 15th to July 15`h with setup beginning on April
15C and clean up concluding by July 315`. Hours of operation for the garden center are limited to 8:00
a.m. to 10:00 p.m. Staff recommends renewal of this permit for the years 2014 through 2018, subject
to the conditions listed in the attached interim use permit.
BACKGROUND
Linder's Greenhouse has operated the garden center in this location for the past twelve years. For the
past four years,Linder's had operated the garden center without incident under an IUP approved in
2010. Linder's is no longer in business and Plant Place of Elk River is requesting to take over the
garden center for the next five years.
The sales lot area will be 36'wide by 144'long covering 30 parking stalls on the east side of the
parking lot. Inside this fenced-off area will be a 20'wide by 66'long by 12'high greenhouse structure.
Interim Use Permit Review
Interim Use Permits are intended to permit the temporary use of a property for a specific use until a
particular date, the occurrence of a particular event, or zoning regulations no longer permit the
proposed use. The general standards and findings necessary for reviewing an IUP application are
outlined in Section 11-10-08. In addition, specific findings for Transient Merchants are outlined in
Section 11-4-13. The City must approve or deny each IUP request based on findings related to these
criteria. Staff's review and findings for each are provided below. Should the City approve an IUP
request,it may attach conditions to mitigate anticipated adverse impacts associated with the use,
ensure compliance with the standards of approval,protect the value of other property, and achieve the
goals and objectives of the comprehensive plan.
The three general criteria for reviewing all IUPs are list below. The third of these general criteria
requires review of the specific standards for the proposed IUP. In this case, this standard reviews the
nine specific requirements for Transient Merchants.
1. The interim use must be allowed in the zoning district where the property is located.
Finding: The subject property is zoned C-4, General Commercial and Rosemount Market
Square PUD. Temporary garden centers are considered Transient Merchants and are listed as an
interim use in this district by reference.
2. The interim use must meet or exceed the performance standards set forth in this title and other
applicable City ordinances.
Finding: To operate the temporary garden center,Plant Place will cordon off a 36'wide by
144'long area of the existing parking lot covering 30 parking stalls and place a 20'wide by 66'
long by 12'high greenhouse structure. The area shall be designed and configured to
accommodate all the applicant's products and to not interfere with the safe maneuvering of
traffic for the balance of the shopping center.
The existing parking area has lighting so as a result no additional lighting is necessary for this
temporary use. Signage shall be located at least 10' from the property line and outside of the
required 25' sight triangle. All other applicable standards remain in effect,including the
requirements of the City Engineer and Fire Marshal.
3. The interim use must comply with the specific standards for the use identified in the zoning
ordinance, and must comply with all conditions of approval which shall be included in an IUP
agreement.
Finding: Specific standards for transient merchants are identified in Section 11-4-13.E. The
following applies the ordinance standards to the particular request:
a. The owner and/or operator of the garden center shall have written permission of the
property owner on which the temporary use is located. Plant Place has provided a signed
application from Ron Carlson of Rosemount Properties,LLC demonstrating permission
from the property owner.
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b. No portion of the temporary garden center or any advertising for the event shall take place
within any public right of way or intersection sight triangle. A minimum ten (10) foot
setback, or the minimum parking setback for the applicable zoning district if it provides for a
greater setback, shall be maintained from all property lines and no portion of the use shall
take place within one hundred (100) feet of any property line of any residential use or
district.
c. Any signage for the temporary garden center shall comply with the temporary signage
requirements contained in Section 11-8. Signage for the garden center shall be limited to
one 32 square sign on each side of the structure and one flag at each end of the structure not
exceeding 18.5 feet in height.
d. Any temporary structure,including tents and membrane structures, associated with the
temporary garden center shall comply with all applicable building codes and permit
requirements. Plant Place shall apply for and receive approval of a temporary structure
permit from the City Building Official. Plant Place must also provide written permission
from at least one of the abutting businesses allowing their patrons and employees to have
access to restroom facilities.
e. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. daily.
f. Adequate off street parking,with a surface in compliance with subsection 8-2-2.J of this
code, shall be provided for both the principal and interim use ensuring that no obstruction
or interference occurs with existing traffic patterns.
g. No parking related to the temporary garden center shall be permitted on adjacent parcels
without the prior written consent of the adjacent parcel owner.
h. The operation of the garden center shall comply with the approved site plan attached to this
report.
i. The temporary garden center may operate from April 15th to July 15th annually. Setup of the
site may begin on April 1st and breakdown must be completed by July 31St. The permit is
valid for the years 2014, 2015, 2016, 2017 and 2018.
In addition to both the general IUP standards and those specific to Transient Merchants, Section 11-
10-08 requires the City to make the following five findings related to all IUPs.
1. The extent,location,and intensity of the use will be in substantial compliance with the
comprehensive plan.
Finding: The Comprehensive Plan identifies the subject property as C - Commercial. Staff
finds the operation of a temporary garden center on this site to be in compliance with the spirit
and intent of the Commercial land use designation.
2. The use will provide adequate ingress and egress to minimize traffic congestion in the public
streets.
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Finding: The garden center will enjoy the same access as the the shopping center. This
includes direct ingress from County Road 42 as well as ingress and egress from both
Chippendale Avenue and Canada Avenue via the shopping center's internal access drive.
3. The use will not be detrimental to the existing character of the development in the immediate
neighborhood or endanger the public health, safety, and general welfare.
Finding: The temporary garden center will take place in the eastern portion of the Rosemount
Market Square parking lot. The mall is currently occupied by the Ponds, Fireside, Edward Jones
Investments,Ten Tiny Toes Photography, Sears, H &R Block, and House of Curry. Given the
seasonal and temporary nature of the garden center along with its limited hours of operation,
staff finds it will not be detrimental to the existing character of the development in the
immediate neighborhood or endanger the public health, safety, and general welfare. Should
issue arise due to the operation of the garden center, the City may reevaluate this IUP.
4. The use will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
Finding: Under the existing mall design and tenant mix, the proposed temporary garden center
should not impede the normal and orderly development and improvement of the surrounding
property. It should be noted that plans for the mall includes a 15,000 square foot expansion area
east of the Ponds' tenant space. Development of the expansion or other areas of the site would
likely impact the development criteria (lot coverage, setbacks,parking, etc.) for this site and its
ability to accommodate the proposed temporary garden center. As a result staff recommends
that a condition of the IUP state that should the property owner choose to expand the site or a
change in the tenant mix require more parking, the City may reevaluate this permit.
5. The use shall,in all other respects, conform to the applicable regulations of the district in which
it is located.
Finding: The subject use is consistent with the C—Commercial land use designation, the C-4,
General Commercial zoning classifications and the Rosemount Market Square Planned Unit
Development (PUD).
RECOMMENDATION & CONCLUSION
Staff recommends renewal of an Interim Use Permit for Plant Place to operate a temporary garden
center in the parking lot of the Rosemount Market Square shopping center located at 3408 150`h
Street West. This recommendation is based on the materials submitted by the applicant and the
findings made in this report. Linder's Greenhouse has operated the garden center in this location
for the past twelve years, and for the last four years without incident under an IUP approved in
2010. The sales lot area will be 36'wide by 144' long covering 30 parking stalls on the east side of
the parking lot. Inside this fenced-off area will be a 20'wide by 66'long by 12' high greenhouse
structure. The garden center will operate from April 15th to July 15`h with setup beginning on April
15`and clean up concluding by July 31'. Hours of operation for the garden center are limited to 8:00
a.m. to 10:00 p.m. Standards governing the operation of the temporary garden center are detailed in
the attached Interim Use Permit.
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Plant Place
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Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 400 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 4/3/2014
2014-2018 Interim Use Permit Conditions for
Transient Merchant— Plant Place Temporary Garden Center
This Interim Use Permit (IUP) is valid only for Lot 1,Block 1, Rosemount Market Square, Dakota
County,Minnesota.
1. The operation of the temporary garden center shall comply with the approved site plan
attached as Exhibit A. The maximum size of the area for this use shall not exceed 36'wide
by 144'long. The associated greenhouse structure located within this area shall not exceed
21'wide by 72' long by 12'high.
a. Plant Place may operate the temporary garden center from April 15th to July 15th annually.
Setup of the site may begin on April 1"and breakdown must be completed by July 315`. The
permit is valid for the years 2014, 2015, 2016, 2017 and 2018.
2. This location shall be used for the storage and sale of nursery plants only. No product shall
be stored, displayed or sold outside the area illustrated on the site plan.
3. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. daily.
4. The owner and/or operator of the outdoor sales lot shall have written permission of owner
of the property on which the sale is located.
5. This permit shall be reviewed prior to any renewal for conformance with these conditions.
Thereafter the City Council will determine the appropriate time interval for the subsequent
renewal procedure.
6. Violation of any specified IUP condition or otherwise unlawful activity may result in
immediate revocation of the IUP.
7. Adequate off street parking,with a surface in compliance with Section 8-2-2I shall be
provided for both the principal and interim use ensuring that no obstruction or interference
occurs with existing traffic patterns.
8. No parking related to the temporary garden center shall be permitted on adjacent parcels
without the prior written consent of the adjacent parcel owner.
9. No portion of the temporary garden center or any advertising for the event shall take place
within any public right-of-way or intersection sight triangle. A minimum ten foot (10')
setback shall be maintained from all property lines and no portion of the use shall take place
within one hundred feet (100') of any property line of any residential use or residentially
zoned property.
10. The applicant is required to obtain all other applicable permits and approval,including
approval from the city's Fire Marshal, prior to beginning operation. The applicant shall
provide copies of these permits to the city.
11. All development and dimensional standards of Zoning Ordinance and Rosemount Market
Square PUD apply to future improvements of the site or temporary garden center use.
12. All structures,including temporary tents, must conform to the Minnesota Building Code and
Fire Code. Plant Place shall apply for and receive approval of a temporary structure permit
from the City Building Official. Plant Place must also provide written permission from at
least one of the abutting businesses allowing their patrons and employees to have access to
restroom facilities.
13. Any signage for the outdoor sale lot shall comply with the temporary signage requirements
contained in Section 11-8.
14. Under the existing mall design and tenant mix, the proposed temporary garden center should
not impede the normal and orderly development and improvement of the surrounding
property. It should be noted that plans for the mall includes a 15,000 square foot expansion
area east of the Ponds' tenant space. Development of the expansion or other areas of the
site would likely impact the development criteria (lot coverage, setbacks,parking, etc.) for
this site and its ability to accommodate the proposed temporary garden center. As a result,
should the property owner choose to expand the site or a change in the tenant mix require
more parking, the City may reevaluate this permit.
15. The applicant shall provide proof of adequate liability insurance issued by a company
licensed to do business in the state of Minnesota showing that the insurance will be in effect
for the entire time the licensee's business will be conducted in the city. The applicant shall
notify the city in writing at least 30 days prior to cancellation of the insurance.
acePlant Place Inc
P.O. Box 390
Inc. Elk River, MN 55330
763-441-8022
Email: taylor @plantplace.biz
Eric Zweber- Senior Planner
City of Rosemount
P.O. Box 510
2875 145th St.W
Rosemount, MN 55068-0510
Dear Mr. Zweber:
Please accept this letter as part of our Interim Use Permit application for 2014-
2017 to operate a Seasonal Garden Center at the Rosemount Market Square.We
have been operating seasonal garden centers across Minnesota for 31 years in
dozens of communities.We work very well with local businesses and have gotten
great reviews from our customers on our quality and selection. For three years in a
row,we've been selected as a"Revolutionary 100" Garden Center by Today's Garden
Center Magazine.
About Plant Place:
Plant Place Inc. is led by 80+ combined years of experience in the garden center
industry.We've partnered with several different growers to bring the best possible
plants to our customers every year.We carry Perennials,Annuals, Shrubs,Trees,
Evergreens,Tropical Plants, and Hard Goods.We operate 25-30 locations each
Spring throughout Minnesota.We are as far North as Hibbing and as far South as
New Ulm.We have tremendous rapport with our customer base in each community
we've been a part of and look forward to returning each Spring.
The Market:
The Rosemount Market Square appears to be an excellent location for one of our
seasonal garden centers.We'd bring quality and convenience to a location that our
target customer base already visits often. Plant Place is the expert on seasonal
garden centers and we feel that we will be able to immediately satisfy the customer
base in this location.
Location:
Our retail greenhouse is 20X66 feet.We will stay within the parameters of the
previous seasonal garden center allotment. We always research and work with each
city/property owner to determine the safest possible location for the retail set up in
each lot.This particular location already has former plans in place from the previous
garden center that you worked with. We want to maximize our exposure,but also
allow safe traffic flow and sight lines around our sales structure.
Parking:
We have been operating for 31 years in the seasonal garden center industry and we
have yet to experience any major parking problems created by our sales areas.We
set them up in the best possible locations so that there is adequate parking available
for our customers as well as the customers shopping at other local businesses.We
make sure to invest time researching the best locations for us to operate without
affecting traffic flow.
KoolMart Greenhouse:
Our structures are all "KoolMart" houses that measure 20X66 feet. Our structures
are made by PolyTex, out of Minnesota. The structures are anchored to the ground
by using 18" metal stakes,which we drive through the pavement with a drill,
minimalizing damage to the pavement. Each stake makes a dime-sized hole in the
pavement. Each stake attaches inside the greenhouse structure under the benching,
eliminating any tripping hazard.After each Spring,we repair any holes made with
commercial grade tar patch. Our structures are very clean and neat in appearance.
When our temporary season is over we leave the sales area in better condition than
before we were there.We also operate our cash register from a separate small 8X12
sales shed to minimalize register equipment damage due to water and
condensation. It also provides a secure area to lock up our register equipment and
serves as an area for our employees to keep personal belongings safe.
Our nursery stock will be kept outside the greenhouse in a neat arrangement in
order to provide safe traffic flow for pedestrians and vehicles.
Advertising:
Plant Place is a well-known name in the gardening industry in rural Minnesota.This
will be our first Spring in the twin cities area and we will be working with the
property owners build our brand to the same level of recognition we have in the
other regions of Minnesota we've been a part of.We offer a great warranty on our
nursery stock and believe this helps build a loyal customer base.We believe in
carrying quality products and keeping our prices reasonably in line with other
nursery retailers in the community. Our customers know that they will get what
they pay for.
Signage:
We will comply with all sign requirements put out by the city of Rosemount.We
have a very professional sign system that we use in our greenhouses and in the
proximity of our nursery stock.We maintain a professional and clean presentation
of our signs and banners at all times. We have printed laminate info signs for our
product and vinyl printed banners for the buildings.We use just enough to inform
and inspire.
Utilities:
Our utility requirements are reasonable water access for plant care and 110 volt
electricity (24/7) which runs the cash register and other small items we use to
operate.We typically draw power from the nearest outlet (light pole, power box).
Where available,we also use a phone line to operate our credit card machines.
Water is the other utility that is necessary to care for our plants.We will locate the
nearest water source, either from a nearby building or the underground system.We
require the equivalent of a garden hose to care for our plants.
A phone line is an added bonus if we can draw from a phone box nearby. If we
cannot locate a phone box,we can make arrangements to use a wireless operating
system for our credit cards.
Season Dates:
Our sales dates typically run from April 15th-July10th (weather permitting/permit
allotment).We try to begin delivering our structures by the 1st of April.We typically
deliver the structure and display equipment before we can begin to set up the
structure.We will begin setting up when weather allows and will begin sales
operations soon after we complete construction once our permit is in effect.When
our sales season is over we completely remove and clean our sales area. There will
be nothing left behind.
Sales Hours:
Sales hours are 9:00AM to 8:00PM (9:OOAM-6:OOPM Sundays). We will typically
have 2 employees during the week and may have more on weekends depending on
weather.We are open 7 days a week.We have 2 regional managers in the area who
will be closely working with our store level manager to insure operations are run
smoothly and professionally at all times. Our regional managers work hard to insure
our stores maintain stock at all times to keep our customers happy.We will be
delivering product at the least busy hours of the day when possible to try and
minimalize traffic disruption with our delivery vehicles.We prefer to employ people
from the community if we are able to find competent applicants.
We have enclosed the deposit check for this permit. I have tried to provide
satisfactory information about Plant Place and our intent to sell plants in the
Rosemount Market Square location.We are excited to have the opportunity to do
business in Rosemount and look forward to providing excellent products and
service in 2014.You can reach me with additional questions or discussion at 612-
655-8862 at any time. I can also be reached by email: Taylor@plantplace.biz
Sincerely,
Taylor Schroer
Vice President of Operations
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