HomeMy WebLinkAbout7.b. Amendment to Rosemount Lions Club IUP for an Outdoor Tree Lot
EXECUTIVE SUMMARY
City Council Regular Meeting: October 4, 2016
AGENDA ITEM: Amendment to Rosemount Lions Club
IUP for an Outdoor Tree Lot.
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 7.b.
ATTACHMENTS: Site location, Site Plan, Signed
Agreement with Cub Foods, License
Agreement between Clarel Corporation
and Rosemount Lions Club, Inc., 2014-
2018 IUP Conditions for Rosemount
Lions Club Transient Merchant Outdoor
Sales Lot for Christmas Trees,
Resolution
APPROVED BY: ddj
RECOMMENDED ACTION:
Motion to adopt a Resolution Amending the 2014-2019 Rosemount Lions Club Interim Use
Permit for a Transient Merchant Outdoor Sales Lot for Christmas Trees:
1. The location of the IUP will change from Lot 1, Block 1, Rosemount Market Square to
Lot 1, Block 1, Rosemount Village Shopping Center.
2. Condition 15 shall be amended to allow an agreement to use on-site public restroom
facilities as a substitute for the provision of a handicap accessible satellite.
SUMMARY
The Rosemount Lions Club is requesting an amendment to their Interim Use Permit (IUP) to relocate the
site of their Christmas tree sales lot from the parking lot of the Rosemount Market Square (3408 150th
Street West) to the parking lot of the Rosemount Village Shopping Center (3784 150th Street West). The
change is prompted by the construction of the new retail building at Rosemount Market Square. As part of
the retail building approval, it was recognized that transient sales could not be accommodated on the site.
As part of the amendment process, the applicant is also requesting to amend Condition #15 of their IUP
to allow an agreement to share on-site public restrooms as a substitute for the provision of a satellite toilet.
The Christmas tree lot will take up 22 parking stalls in the parking lot of the Rosemount Village Shopping
Center. The parking lot of the shopping center currently exceeds City Code requirements for parking by
44 stalls. All other conditions of the applicant’s IUP will be met. Staff is recommending approval of this
amendment.
Applicants: Clarel Corporation and Rosemount Lions Club, Inc.
Location: Northeastern Portion of the Rosemount Village Parking Lot (3784 150th
Street West)
Land Use Designation: CC-Community Commercial
Current Zoning: C4-General Commercial
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BACKGROUND
Since 2006, the Rosemount Lions Club has been selling Christmas trees at their seasonal lot in the
Rosemount Market Square Parking Lot. The Lions Club’s IUP was renewed in 2014 and will require
renewal again in 2019. In October, 2015, Council approved a major amendment to the Rosemount
Market Square PUD, the original site of the tree lot, to allow for the development of the Arby’s and
Chipotle restaurants. The development of those restaurants requires the relocation of the Rosemount
Lions Club’s seasonal tree lot.
ISSUE ANALYSIS
Interim Permit Review
City Code allows the Council, after a public hearing, to modify the standards or conditions required for an
IUP. The conditions being modified by this amendment are the location of the outdoor sales lot for
Christmas trees and the requirement that the Lions Club provides a satellite restroom on site.
The current location is Lot 1, Block 1, Rosemount Market Square (3408 150th Street). The new location
will be in the northeastern portion of the parking lot of Lot 1, Block 1, Rosemount Village Shopping
Center (3784 150th Street). This shopping center is also the location of the Cub Foods grocery store. The
site contains 494 parking stalls, 44 more than required by the City Code. The outdoor tree lot will be
located on 22 stalls, which Cub Foods also uses for its outdoor nursery in the summer. There are no
anticipated impacts on existing traffic flow. A site plan is attached.
The applicant has received permission from Cub Foods to use the bathroom facilities inside Cub Foods’
store. Staff has determined that this agreement is sufficient to meet the intent of the original condition
requiring the provision of a satellite restroom. Condition 15 should be amended to allow an agreement to
share on-site public restroom facilities as a substitute for the provision of a satellite.
RECOMMENDATION
Based on the information in this report and provided by the applicant, staff recommends adoption of a
resolution amending the Rosemount Lions Club’s interim use permit.
Rosemount Village
Shopping Center
Exhibit A
Site Plan
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Rosemount Lions Club
The Rosemount Lions Club is asking Cub foods for the privilege of using the
Cub foods store bathrooms during our Christmas tree sales period.
The following signature authorizes the Rosemount Lions Club, use of the
The bathrooms within the Cub Foods Store during the period as which the Lions
Will be selling Christmas trees.
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT i ismadeth sliay of (,5eg±MOPr- , 2016, by
and between CLAREL CORPORATION, a Minnesota corporation (hereinafterailed "Owner")
and ROSEMOUNT LIONS CLUB, INC., a Minnesota nonprofit corporation (hereinafter called
Licensee")
RECITALS
A. Owner is the owner of that certain property located at 12507 Central Avenue N.
E., Blaine, Minnesota known as Rosemount Village (the "Shopping Center).
B. Owner desires to lease to Licensee and Licensee desires to lease from Owner
certain premises in the Shopping Center, as outlined in red upon Exhibit"A" attached hereto
the "Proposed Leased Premises"), upon such terms and conditions as may be mutually
agreeable to Owner and Licensee as set forth in this License Agreement.
C. Owner is willing to grant Licensee a revocable license to occupy and use the
License Area, in accordance with the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual agreements herein contained, and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1,Grant of License: Subject to the terms and conditions hereof, Owner hereby
grants Licensee an exclusive License to operate a Christmas tree lot upon that
portion of the parking lot outline in Exhibit A attached hereto (the "License Area").
The License shall allow Licensee, its employees and agents, to enter upon the
premises for the purpose of conducting Licensee's business as described herein
and for the purpose of erecting and maintaining temporary structures and other
personal property upon the premises in connection with Licensee's operation.
Said Licensee shall commence November 19, 2016 and expires December 21,
2016.
2.Licensee's Activities: The Display shall consist of Christmas trees, wreaths and
tree stands.
If Owner shall determine that any particular sale item is inappropriate Licensee
shall immediately remove said item. All activities conducted on the Premises
shall meet all local, state and federal laws. Licensee shall obtain all necessary
permits for Premises and use prior to entering the Premises.
3.Operation/Christmas Tree Sale: Licensee shall conduct its activities within the
License Area at all times in a safe and orderly manner. Licensee shall provide,
at Licensee's expense, all personnel, equipment and other items necessary to
set up, operate and take down Christmas tree lot including, but not limited to:
a) Necessary hoses and extension cords to operate equipment and water
trees.
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b) Daily cleaning of License Area and area immediately surrounding
premises. Licensee shall haul away its own trash at their expense.
Owner reserves the right to request more frequent clean up as needed.
c) Clean up of the License Area promptly upon completion of License
Agreement.
d) All employees of said Christmas tree sale.
e) Christmas tree sale promotion and advertising.
f)Final clean up of the License Area and surrounding area where branches,
boughs, pine needles, garbage and other related items are present by
April 1, 2016.
4. Fee: In consideration of the License herein granted to Licensee, Licensee shall
pay Owner Zero dollars ($0) with the execution of the License Agreement.
5.Indemnity: Licensee hereby agrees to indemnify and hold harmless Owner and
Licensor's agents, employees, officers, and directors from any and all actions
claims, liabilities, damages, losses, costs and expenses including but not limited
to, attorneys' fees of any kind or nature arising or connected with the operation of
the sale of Christmas trees or operations of Licensee's agents, employees or
contractors arising out of Licensee's breach, violation or non-performance of any
condition contained herein. No mechanics or materialsmen liens may be filed
against the Premises arising from Licensee's action on the Premises or from any
breach or default on the part of Licensee in the performance of any covenant or
agreement on the part of Licensee to be performed pursuant to the terms of this
License in or about the License Area or the common areas, the sidewalks
adjoining the same, and the loading platform area allocated to the use of
Licensee. Owner shall not be liable and Licensee waives all claims for damage
to person or property sustained by Licensee or Licensee's employees, agents,
servants, contractors, sublessees, concessionaires, invitees, and customers
resulting from the building in which the License Area is located or by reason of
the License Area or any equipment or appurtenances thereunto appertaining
becoming out of the repair, or resulting from any accident in or about the License
Area, the building in which the same are situated or resulting directly or indirectly
from any act or neglect of any other tenant in the Shopping Center. This shall
apply especially, but not exclusively, to the flooding of the License Area, and to
damage caused by steam, excessive heat or cold, falling plaster, broken glass,
sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing
fixtures. All property belonging to Licensee or any occupant of the Licensee Area
or the Shopping Center shall be there at the risk of the Licensee or such person
only, and Owner shall not be liable for damage thereto or theft or
misappropriation thereof. The indemnities and waivers set forth herein shall
survive the expiration or termination of this License Agreement,
6.Insurance: Licensee shall procure and maintain in force during the term of this
License, at Licensee's sold cost and expense, a policy of general liability
insurance, insuring Licensee from all claims sustained by one or more persons in
the amount of at least TWO MILLION AND NO/100 DOLLARS ($2,000,000.00),
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combined single limit and arising from, related to, or connected with, licensee's
presence or activities upon the premises. Said policy shall name CLAREL
CORPORATION CIO KRAUS-ANDERSON REALTY COMPANY as an
additional insured. Licensee shall provide Owner with a copy of the insurance
certificate evidencing said insurance with the execution of the License
Agreement. Licensee shall have no right to enter upon premises without
certificate of insurance being delivered to Licensor.
7. Waiver of Subrogation: Anything in this License to the contrary not withstanding,
Owner and Licensee each hereby waives any and all rights of recovery, claim,
action or cause-of action, against the other, its agents (including partners, both
general and limited), officers, directors, shareholders or employees, for any
personal injuries or property loss or damage that may occur to the Licensee
Area, or any improvements thereto, or said shopping center of which the License
Area are a part, or any improvements thereto, or any property of such party
therein, by reason of fire, the elements, or any other cause which could be
insured against under the terms of standard commercial liability, worker's
compensation, or fire and extended coverage insurance policies, regardless of
cause or origin, including negligence of the other party hereto, its agents, officers
or employees, and covenants that no insurer shall hold any right of subrogation
against such other party.
8.Final Clean-up: Licensee shall be responsible for final clean up of License Area
after completion of License. Owner will allow until January 1, 2017,to clean up
and remove all equipment, structures, product, etc., and return parking lot to its
condition prior to use, ordinary wear and tear excepted. Licensee will have until
April 1, 2017, to return to Parking Lot for the purpose of cleaning up all debris,
boughs, branches, pine needles and other related items that were covered by
snow and cleared from the License Area. This includes raking and sweeping the
License Area and if necessary, surrounding area or area where snow has been
piled during snow plowing season.
9.Early Termination: This License Agreement may be terminated before the
normal expiration hereof, as follows:
a) Licensee may terminate this License Agreement at any time upon at least
five days prior written notice to Owner.
b) If Licensee defaults in the performance of any of its obligations under this
Agreement, Owner may terminate this License Agreement after at least
five days prior written notice to Licensee, and Licensee's failure to cure
said default within said five-day period.
C)If any part of the License Area is destroyed by fire or other casualty, or
taken in condemnation or other proceedings in lieu thereof, either Owner
or Licensee may thereupon terminate this License Agreement by
written notice to the other party hereto.
10. Default: In the event Licensee defaults in the performance of its obligations
hereunder, Owner shall provide notice to Licensee of said default and shall
immediately cure the default. If said default is not immediately cured, the
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License may be immediately terminated. In addition, Licensor will have the right
to pursue other lawful remedies available to them.
11. Building Effect: This Agreement shall be binding upon and inure to the benefit of
the parties hereto, and their successors and assigns.
12. Entire Agreement: This Agreement constitutes the full and final agreement of the
parties hereto with respect to the subject matter hereof, and may not be modified
except by a written instrument duly executed by both Owner and Licensee.
IN WITNESS WHEREOF, the parties hereto have executed this License
Agreement as of the day and year first written above.
OWNER:
CLAREL CORPORA N
aa
or on
By:
Daniel W. En Ism
Executive Vice Pres dent
LICENSEE:
ROSEMOUNT LIONS CLUB, INC.
a Minnesota nonprofit corporation
rry Wohlers
1 I
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Its:
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2014-2018 Interim Use Permit Conditions for
Rosemount Lions Club/ Rosemount Properties, LLC
Transient Merchant Outdoor Sales Lot for Christmas Trees
This Interim Use Permit (IUP) is valid only for Lot 1, Block 1, Rosemount Market Square, Dakota
County, Minnesota.
1. This permit 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
24th to December 22nd 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 by this permit, 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 permit shall be reviewed prior to renewal in 2015 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. The operation of the outdoor sales lot shall comply with the approved site plan attached as
Exhibit 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 City standards including grading permits.
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 any property line of any residential use or residentially zoned property.
12. All permits required by other applicable agencies must be obtained and copies submitted to
the City.
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 County Health standards for portable sanitary facilities.
16. Any signage for the outdoor sale lot or event shall comply with the temporary signage
requirements contained in chapter 8 of this title.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-
A RESOLUTION APPROVING AN AMENDMENT TO AN INTERIM USE PERMIT
CHANGING THE LOCATION OF A TRANSIENT MERCHANT OUTDOOR SALES
LOT FOR CHRISTMAS TREES AND CHANGING A CONDITION REQUIRING A
SATELLITE RESTROOM
WHEREAS, the City of Rosemount received an application to amend an interim use permit to
change the location of a transient merchant outdoor sales lot for Christmas trees and amend a
condition requiring the provision of a satellite restroom from the Rosemount Lions Club and Clarel
Corporation; and
WHEREAS, on October 4th, 2016, the City Council of the City of Rosemount held a public
hearing to review the IUP amendment application from the Rosemount Lions Club and Clarel
Corporation to change the location of a transient merchant outdoor sales lot for Christmas trees and
a condition requiring a satellite restroom;
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the IUP amendment changing the location of a transient merchant outdoor sales lot for
Christmas trees to Lot 1, Block 1, Rosemount Village Shopping Center and amending condition 15
to use on-site public restroom facilities with property owner agreement instead of providing a
handicapped accessible satellite with all other conditions the same as those listed in the 2014-2018
Interim Use Permit.
ADOPTED this 4th day of October, 2016 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk