HomeMy WebLinkAbout6.k. 14-52-IUP Rosemount Lions Club - Renewal of an Interim Use Permit (IUP) Allowing a Seasonal Christmas Tree Sales Lot in the Parking Lot of the Rosemount Market Square Shopping Center � ROSElVlO�� EXECUTIVE SUMMARY
PLANNING COMMISSION
Cit Council Meetin : November 18, 2014
AGENDA ITEM: 14-52-IUP Rosemount Lions Club.
Renewal of an Interim Use Permit (IUP)
Allowing a Seasonal Christmas Tree AGENDA SECTION:
Sales Lot in the Parking Lot of the Consent
Rosemount Market Square Shopping
Center
PREPARED BY: Jason Lindahl, A.I.C.P.
Planner AGENDA NO.� �•
.
ATTACHMENTS: Draft 10-28-14 Excerpt PC Minutes, APPROVED BY:
Resolution, Interim Use Permit Conditions,
Site Plan, Applicant's Letter, Police Chief's
Memo dated October 10, 2014
RECOMMENDED ACTION: Motion to Adopt a Resolution Renew the Interim Use
Permit (IUP) Allowing a Seasonal (Christmas tree) Sales Lot in the Northwestern
Portion of 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): Rosemount Lions Club &Rosemount PropeYties,LLC
Location: North�vestern Portion of the Rosemount Market Square
Parking Lot (3408 150`'' Street West)
Area in Acres: 7.1 Acres
Comp. Guide Plan Design: C - Commercial
Current Zoning: C-4, General Commercial and Rosemount Market Square PUD
The applicant, the Rosemount Lions Club, requests renewal of their e�sting Interim Use Permit (IUP)
to allow the operation of a seasonal sales lot for Christmas trees. Should the City renew the IUP, the
Lions Club will opeYate the sales lot in the northwestern corner of the Rosemount Market Square
Shopping Center (see attached map) located at 3408 150`h Street West. The sales lot will operate from
November 24`h to December 22"`' or until the tree inventory is sold out,whichever comes first. The
lot will be staffed by members of the Lions Club and open from 2:00 p.m. to 8:00 p.m. on weekdays
and 10:00 a.m. to 8:00 p.m. on weekends. For the last eight years, the Lions Club has operated under
the e�sting IUP without incident. Both the Planning Commission and staff recommend renewal of
this permit for the years 2014 tlirough 2018, subject to the conditions listed in the attached interim use
permit.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing to review this item on October 28, 2014. After
hearing a presentation from staff, the Commission held a public hearing that produced no comment.
Commissioners asked staff general questions about the history of the Lions Christmas tree sales lot
and noted the Police Chief's memo citing no reported incidents associated with this use. The
Planning Cominission then voted to recommend the City Council approve the request to renew the
Lions IUP.
BACKGROUND
The Rosemount Lions Club has operated a Christmas tree sales lot at different locations within the
community for the past twenty years and at Rosemount Market Square for the last 15 years. The sales
lot encompasses 33 parking stalls in the northwestern corner of the parking lot. This area contains
one light pole which provides illumination to the southeastern portion of the sales lot. The Lions
added an addirional light in the north�vestern corner of the sales lot, next to the existing monument
sign, to provide light to the balance of the site. The Lions have agYeed that this light will shine do�vn
to the southeast to illuminate the sales lot and not impact traffic on County Road 42 or neighboring
residential uses to the north.
The Lions will display a 4'by 8' (32 square feet) ground sign identifying their location. It will be
located north of the sales lot and south of County Road 42. By ordinance the sign shall be located at
least 10' from the property line and outside of the required 25' sight triangle.
The sales lot will also have an 8' by 16' (128 square foot) warming house to shelter staff during
business hours. This building shall be located so that it does not encroach into the required 10'
parking setback or the required 25' sight triangle. Given the small size of the structure and its
temporary nature, staff finds it exempt from the exterior building materials standards.
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. These requests are considered a quasi-judicial action. In such cases, the City is acting
as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and/or
Subdivision Ordinance are being follo�ved. Generally,if the application meets these requirements it
must be approved.
The general standards and fmdings 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 criteria for the proposed IUP. In this case, this standard reviews the
nine specific criteria for transient merchants.
1. The interim use must be allo�ved in the zoning district where the propert��is located.
2
Finding: The subject propert��is zoned G4, General Commercial Planned Unit Development
(PUD). Outdoor sales lots 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 tide and other
applicable City ordinances.
Finding: To operate the sales lot, the Lions Club �vill cordon off a portion of the e�sting
parking lot encompassing 33 parking stalls, place an 8' by 16'warming house for staff, construct
supports to display trees, erect a light to illuminate the sales lot, and place a sign to inform the
public of their sale. The display area shall not interfere with the safe maneuvering of traffic for
the balance of the shopping center. The light shall shine do�vn to the southeast to illuminate the
sales lot and shall not impact traffic on County Road 42. The sign 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 this title, and
must comply with all conditions of approval�vhich 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 o`vner and/or operator of the outdoor sales lot shall have�vritten permission of the
property owner on�vhich the sale lot is located.
b. No portion of the sales lot 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
n-uniinum 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 outdoor sales lot or event shall comply with the temporary signage
requirements contained in Section 11-8 of this tide.
d. Any temporary structure,including tents and membrane structures, associated with the
outdoor sales lot or event shall comply�vith all applicable building codes and permit
xequirements.
e. Hours of operation shall be limited to 2:00 p.m. to 8:00 p.m. on weekdays and 10:00 a.m. to
8:00 p.m. on�veekends.
f. Adequate off street parking,with a surface in compliance with subsection 8-2-2.J of this
code, shall be provided for Uoth the principal and interim use ensuring that no obstruction
or interference occuxs with e�sting traffic patterns.
g. No paYking related to the outside sales lot shall be peYmitted on adjacent parcels without the
prior written consent of the adjacent parcel o�vner.
h. The operation of the outdoor sales lot shall comply with the approved site plan attached to
3
this report.
i. The outdoor sales lot may operate from November 24`h to December 22°`�in 2014. The
Lions Club shall contact the City prior to installation of the sales lot each year with the dates
of operation for that year. Up to 40 days of operation shall be allo�ved each year by this
permit,which is valid until December 31, 2018.
In addition to both the general IUP standards and those specific to transient merchants, Section 11-
10-08 requires the Cit�� 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 CC—Community
Commercial. The Comprehensive Plan lists C-4—General Commercial as the appropriate
zoning district for this land use category. Staff fmds the applicant plans to operate the seasonal
Christmas tree sales in compliance with the C-4—General Commercial zoning district and the
CC —Community Commercial land use classification.
2. The use will provide adequate ingress and egress to miniinize traffic congestion in the public
streets.
Finding: The sales lot 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 detrunental to the e�sting character of the development in the unmediate
neighborhood or endanger the public health, safery,and general welfare.
Finding: The sales lot will take place in the northwest portion of the Rosemount Market Square
parking lot. The mall is currendy occupied by the Ponds, USA Nails,The Dollar Store,Ten
Tiny Toes Photography, Cun-es, H &R Block, Lavin LaCrosse, and House of Curry. Given the
seasonal and temporary nature of the Christmas tree sales lot along�vith its limited hours of
operation, staff finds it will not be detrimental to the existing character of the development in
the immediate neighborhood oY endanger the public health, safety, and general welfaYe. Should
issue arise due to the operation of the sales lot, the City may reevaluate this IUP.
4. The use will not unpede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
Finding: Undex the eYisting mall design and tenant mix, the pYOposed Christmas tree sales lot
should not impede the normal and orderly development and unprovement of the surrounding
propert��. 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 unpact the development criteria (lot coverage, setbacks, parking, etc.) for this site and its
ability to accommodate the proposed sales lot. As a result, staff recommends that a condition of
the IUP state that should the propert�� owner choose to expand the site, the Cit��may reevaluate
this permit.
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5. The use shall,in all other respects, conform to the applicable regulations of the district in�vhich
it is located.
Finding: The subject use is consistent with the CC —Commercial land use designation, the C-4,
General Commercial zoning classifications, and the Rosemount Market Square Planned Unit
Development (I'UD). It shall also conform to applicable regulations including but not limited to
the Building and Fire Codes.
RECOMMENDATION & CONCLUSION
Both the Planning Coinmission and staff recommend renewal of an Interim Use Permit for the
Rosemount Lions Club to operate a seasonal sales lot for Christmas Trees.
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EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
OCTOBER 28, 2014
6.c. Request by Rosemount Lions Club. Renewal of an interim Use Permit (IUP)
Allowing a Seasonal Christmas Tree Sales Lot in the Parking Lot of the
Rosemount Market Square Shopping Center (14-52-IUP). The applicant, the
Rosemount Lions Club, requests renewal of their existing Interim Use Permit (IUP) to
allow the operation of a seasonal sales lot for Christmas trees. The sales lot will
operate from November 24th to December 22nd or until the tree inventory is sold out,
whichever comes first. For the last eight years, the Lions Club has operated under the
existing IUP without incident. As a result, staff recommends renewal of this permit for
the years 2014 through 2018, subject to the conditions listed in the attached interim use
permit.
The public hearing was opened at 7:13 pm.
Public comments: None
MOTION by Kurle to close the public hearing. Second by Kenninger.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 7:14 pm.
MOTION by Forster to recommend that the City Council renew the Interim Use Permit
(IUP) allowing a seasonal (Christmas tree) sales lot in the northwestern portion of 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.
Second by Kurle
Ayes: 5. Nays: 0. Motion approved.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014 -
A RESOLUTION RENEWING THE INTERIM USE PERMIT ALLOWING A
SEASONAL CHRISTMAS TREE SALES LOT IN THE PARKING LOT OF THE
ROSEMOUNT MARKET SQUARE SHOPPING CENTER
WHEREAS, the City of Rosemount received an application from the Rosemount Lions Club for
renewal of an Interim Use Permit (IUP) to allow a seasonal Christmas tree sales lot in the
northwestern portion of the Rosemount Market Squaxe Shopping Center Parking Lot,located at
3408 150th Street West, Rosemount, Minnesota and legally described as follows:
Lot 1, Block 1, Rosemount Market Square
WHEREAS, on October 28, 2014, the Planning Commission of the City of Rosemount held a
public hearing to review the above stated application; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
renew the Interun Use Permit for the Rosemount Lions Club subject to the conditions in the 2014-
2018 Interun Use Permit; and
WHEREAS, on November 18, 2014, the City Council of the City of Rosemount reviewed the
Rosemount Lions Club application and the conditions in the 2014-2018 Interun Use Permit and
agreed with the Planning Commission's recommendation.
NOW,THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
renews the Interun Use Permit to allow the seasonal Christmas tree sales lot in the northwestern
portion of the Rosemount 1�Tarket Square Shopping Center parking lot, located at 3408 150�h Street
West, Rosemount, Minnesota for the years of 2014, 2015, 2016, 2017, and 2018, subject to the
conditions listed in the 2014-2018 Interim Use Permit.
ADOPTED this 18�h day of November, 2014, by the City Council of the City of Rosemount.
William H. Droste, I�Zayor
ATTEST:
Clarissa Handler, City Clerk
2014-2018 Interim Use Permit Conditions for
Rosemount Lions Club/ Rosemount Properties, LLC
Transient Merchant Outdoor Sales Lot for Christmas Trees
This Interim Use Pernut (IUP) is valid only for Lot 1, Block 1, Rosemount Market Square,Dakota
County,Minnesota.
1. This pernzit shall be in effect for the calendar years of 2014,2015,2016, 2017 and 2018 from
its effective date to December 31,2018. The outdoor sales lot may operate from November
24`h to December 22°d in 2014. The Lions Club shall contact the City prior to installation of
the sales lot each year with the dates of operation for that year. Up to 40 days of operation
shall be allowed each year bythis pernut,which is valid until December 31,2018.
2. Hours of operation shall be limited to 2:00 p.m. and 8 p.m. on weekdays and 10:00 a.m. and
8:00 p.m. on weekends.
3. 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.
4. Should the owner of Lot 1,Block 1, Rosemount Market Square receive any additional
development approvals for this property,the City may reevaluate this permit.
5. This pernut shall be reviewed prior to renewal in 2015 for conforn�ance with these
conditions. Thereafter,the Ciry 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. The operation of the outdoor sales lot shall comply with the approved site plan attached as
E�ibit A.
8. 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.
9. No parking related to the outdoor sales lot shall be permitted on adjacent parcels without
the prior written consent of the adjacent parcel owner.
10. All site improvements shall be reviewed by the City Engineer for approval prior to
completion in accordance with Ciry standards including grading pernuts.
11. No portion of the sales lot 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 shall be
maintained from all property lines and no portion of the use shall take place within one
hundred feet (100� of anypropertyline of anyresidential use or residentiallyzoned property.
12. All permits required by other applicable agencies must be obtained and copies submitted to
the Ciry.
13. All development and dimensional standards of the zoning ordinance apply to future
improvements of the Rosemount Lions Club Christmas Tree Sales Lot.
14. All structures must conform to the Uniform Building Code and Fire Code.
15. The applicant or property owner shall provide a handicap accessible satellite in conformance
with Dakota CountyHealth standards for portable sanitaryfacilities.
16. Any signage for the outdoor sale lot or event shall comply with the temporary signage
requirements contained in chapter 8 of this title.
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ROSEMOUNT LIONS CLUB
August 7, 2014
City of ROSEMOUNT
Rosemount, MN 55068
RE: ROSEMOUNT LIONS CLUB Christmas Trees Sales
City of Rosemount:
The Rosemount Lions are asking for a permit to sell Christmas Trees in
2014. The tree lot would be in the parking lot of the Pond. This parking lot
is owned by Carlson.
As per our permit that was issued to the club for 2013, we will follow all
Of the stipulations that are part of the permit.
Trees will be delivered on the 24th of November 2014 and will go on sale
the 28th of November 2014. We will be closing the lot on December 22nd,
2014.
Authorization from the land owners of the property for us to sell Christmas
Trees is available if needed.
,�
�incerely
� � ��.�.J �►, . �,���-�:-�--y..-r-
f.� ,,�
�._..� �
Lion J lare d M. Wohlers
Lion Donna Wohlers Ron or Rich Carlson
Chairs of Tree sales Owners of Properties
Rosemount Lions Club
9100-267th street west
Lakeville, MN 55044
612-965-6342
buckey42@juno.com
RO^� , I OT T�1� j�� MITCHELL SCOTT Chief of Police
� J M u y ' `� JOHN SOMMERS Sergeant
f ' '� BRYAN BURKHALTER Sergeant
� ,. -� � MIKAEL DAHLSTROM Sergeant
POLICE DEPARTMENT � s' � •t RYANCOUGHLINSergeant
'1 � N�, � 1EREMIAH SIMONSON Sergeant
1EAN DRISCOLL Records Supervisor
MEMORANDUM
T0: Jason Lindahl
FROM: Mitchell Scott, Chief of Police
SUBJECT: Rosemount Lions Club Interim Use Permit (14-52-IUP)
DATE: October 10, 2014
Mr. Lindahl it is to my knowledge the Rosemount Police Department has had no issues in the past
with the Rosemount Lions Club, with regards to their tree lot.
The Rosemount Police Department has no concerns at this time if the City of Rosemount elects to issue
the Rosemount Lions Club a new interim use permit.
SPJR17 aF PR1DE AND PROGRF55
Rosemount Police Department • 2875 145th Street West • Rosemount, MN 55068-4997
Emergency 911 • Non-Emergency 651-423-4491 • TDD/TTY 711 • Fax 651-423-4485
www.ci.rosemount.mn.us