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HomeMy WebLinkAbout6.q. Request by Plant Place, Inc. for an Interim Use Permit (IUP) Allowing a Temporary Garden Center in the Parking Lot of the Rosemount Market Square Shopping Center, 14-22-IUP 4ROSEMOUN1 EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: April 15, 2014 AGENDA ITEM: 14-22-IUP Request by Plant Place, Inc. for an Interim Use Permit (IUP) Allowing a Temporary AGENDA SECTION: Garden Center in the Parking Lot of the Consent Rosemount Market Square Shopping Center PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. ATTACHMENTS: Location Map; Interim Use Permit; Applicant's APPROVED BY: Letter; Site Plan; Excerpt of the Draft April 8 Planning Commission Minutes :~ RECOMMENDED ACTION: Motion to recommend the City Council approve the Interim Use Permit (IUP) allowing the Plant Place 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 Comprehensive Plan Designation: 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 approve 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 1" 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. Staff recommends renewal of this permit for the years 2014 through 2018, subject to the conditions listed in the attached interim use permit. AUGUST 8 PLANNING COMMISSION MEETING The Planning Commission reviewed the Plant Place IUP at their April 8 meeting. No residents were present at the meeting. Commissioner Kurle inquired if there had been any past issues with the Linder's operation. Staff responded that years ago there was an issue that the greenhouse operators could not move in and open for business on the same day, so the IUP condition now allows 15 days before operation to move the material in and 15 days after the operation ends to move the material off site. This condition has worked well for the greenhouses. Commissioner Ryan inquired where the greenhouse has had permission in the past to use the restroom facilities and staff responded that both The Pond and Fireside had given Linder's permission to use their restrooms in the past. Commissioner Husain inquired if the Planning Commission was being asked to recommend approval for a greenhouse anywhere on the 7 acres Rosemount Market Square site or only where Plant Place is requesting. Staff responded that the IUP would permit Plant Place in the 144 foot by 36 foot area in the parking lot in front of The Pond. Staff stated that if Plant Place wished to move the location or increase the size, then they would need to request a new IUP. Commissioner Kenninger asked if the Plant Place facility is the same size as Linder's. Staff stated that the parking lot area is the same as Linder's but that Plant Place's greenhouse is slightly smaller than Linder's. Chair Miller stated that the Rosemount Market Square can get busy and if there has been any conversation with the owner on what to do if the parking need exceeds the amount provided. Staff responded that there had not been parking issues with the Linder's operation and that staff had talked with the owner in the past that it could be possible to pave the area east of The Pond if more parking was needed. Staff also stated that two conditions in the IUP would allow the City to revoke the Plant Place IUP if parking needs expand what is provided. Chair Miller also asked if there is any limitation in the IUP to where the fertilizer is stored. Staff said there is no limitation in the IUP conditions. Chair Miller stated that he is considered that broken bags or spilled fertilizer could run off the site if rainwater fell on it and will propose a condition that the fertilizer be covered or stored in the greenhouse. The Planning Commission recommended approval of the IUP for Plant Place with the staff recommended conditions and Chair Miller's fertilizer condition with a 5-0 vote. The staff conditions and Chair Miller's fertilizer condition are included in IUP the before the Council tonight. 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. 2 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. 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. 3 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 15`h annually. Setup of the site may begin on April 1St and breakdown must be completed by July 31". 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. Finding: The garden center will enjoy the same access as 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 Pond, 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 4 property. It should be noted that plans for the mall includes a 15,000 square foot expansion area east of The Pond's 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 approval 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 1 50th Street West. This recommendation is based on the materials submitted by the applicant, the findings made in this report and Chair Miller's condition regarding fertilizer storage. 5 Plant Place ` , •*• % _ : 148TH ST W 1 •- i !•r,4 3R s • Z « . g < I { w �4 , - 3 of � • , • . -J ••.149TH ST W d Y : • � • tt i 'i -`., r`� yt, AIL i +►.. 1•!' .�. J >:~•• . ,tom• i _ UPPER 149TH S N/ 1 G '. J / ,� . I•rr Q- J . • r ` • LOWER 150TH S r w '♦ p: • ! t y .s t..-4 _, + . /1 10114•1 . 1. " . . . ... V illi 11!`''%)' - b ■ ,k'' ( ! a 2 F t . • • . . /,i ` 1 I - • 42� •• fa 41% V j w � f. . ----""-A.."' . 4144 3 /lij .--- . �,4 ' 44 III ;�1 1,./. .1.. . ,.//,/ ,,/ ...„ , .. 4v )....imi...,,, ,. 3 yi... "'"' _ -.1164, :kit ._, - r f' • ./,/.----/ 1. j L }'9t a .f4- T.• 4 t ■ i • •ti 1- / L.. '-_ • . •;-,.‘ :-'''. 1 - 14 :b ' / ti.:/„N ' / r't, i. - : I } / b • i ! t - _i tgf • ., i' y „„..„,i,.,IMP. INN , 9 i , .„. ,-, .. , l � ;r ,- ' :_ il 1 L- • i • !*4.r i al / _ , ,L , ..,,,,,,,„ ..-rt..... ... .,,. 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 15'h annually. Setup of the site may begin on April 1"and breakdown must be completed by July 31'. 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. 16. The applicant's operation will not adversely affect stormwater and fertiliser and other materials shall be stored indoors or under cover or in a manner that prevents these materials from coming into contact with precipitation. Plant Plant Place 1 l ac Q P.O. Box 390 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 .......,_ ___. ._.__ .___.._ ........_ 1 . 1 , ; F:-.2 ... (...2._ 1 6.,...., i ....... 1-- i . . .2.......:,. -v,..rry • r::.• -::--- ,., ....)---' 0 ,-..,. k • -7, --) ,.., ......--- '.--- .._., ,,.....,, --..• ....-.. ,--r- ........ 1 ' .■.,■.• --.---.-........-- I .... • . , .: . ,-....^, . i • i . r". . ,...,....-77"- . . /.... 1,.. . .-, •._: -7 . . ...,.. . t:., ' ..... , . . , 1 . . : . . . . : • ; , 1 I. . . . : . i • 1 . . 1 1 1 _ 1 i .-. , ,.. . . „ .. ...,, ,__-,...,, ,.., -i N...--- __- - _ — r .. _ ..w_• t.av 4M ter,., x 4 ... r i L.vt€7+i CLkD►ftY 4. 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Request by the Plant Place, Inc. for an Interim Use Permit (14-22-IUP). 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`'' Street West. Senior Planner Zweber reviewed the staff report. Commissioner Kurle asked if there were any issues with Linder's in the past that would carry over to the Plant Place. Mr. Zweber responded that in the past, the time of operation has been April 15 to July 15, but this has been revised to be from April 1 to July 31 to allow for set up and tear down. Commissioner Miller asked about concerns with parking congestion and if there have been discussion of future development of that area. Mr. Zweber responded that staff has had discussions with the business owners and the owner of the property. A short term solution could be to pave the green space to make more parking spaces. With respect to development, Mr. Zweber stated the County Plat Commission would require additional frontage from County Road 42 and an additional access to the mall, so the owner will not be applying for a plat. Commissioner Miller asked if any fertilizer being stored on site could possibly come into contact with precipitation and run off in the stormwater. Mr. Zweber stated that hasn't been any discussion on fertilizer storage but it could be added as a condition to require it to be stored under the structure. The public hearing was opened at 6:47pm. There were no public comments. MOTION by Miller to close the Public Hearing. Second by Kurle. Ayes: 5. Nays: None. Motion approved. Public Hearing was closed at 6:48pm. Commissioner Ryan asked about Condition #12 regarding written permission for restroom access. Mr. Zweber responded that they have gotten permission in the past from both Fireside and the Pond to use their restrooms,but staff will confirm with the applicant the current status. Commissioner Husain asked how much of the property does the applicant lease. Mr. Zweber stated that the entire area is 7.1 acres which includes the road and that the applicant is only leasing 144'x 36'. He further stated if they wished to expand, the applicant would need to submit a new request or a modification. Commissioner Kenninger asked if this new applicant's site will be the same size as Linder's. Mr. Zweber stated the site is the same but the building is smaller. Commissioner Kurle asked how much of a concern it is with respect to the fertilizer being stored properly. Mr. Zweber stated he feels it is a legitimate concern and would have no objection to the Commission adding a condition to the interim use permit. MOTION by Miller 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,with the addition of Condition#16 as follows: The applicant's operation will not adversely affect stormwater and fertilizer and other materials shall be stored indoors or under cover or in a manner that prevents these materials from coming into contact with precipitation. Second by Kurle. Ayes: 5. Nays: None. Motion approved.