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HomeMy WebLinkAbout6.p. Rosemount Lions Club Interim Use Permit - Christmas Tree Sales Lot - Rosemount Market Square, 06-52-IUPAGENDA ITEM: 06 -52 -IUP Rosemount Lions Club Interim Use Permit Christmas Tree Sales Lot Rosemount Market Square AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.0 P Planner AGENDA NO. ATTACHMENTS: Site Plan, Excerpt Minutes from the 11 -24- 06 Planning Commission, Interim Use Permit Conditions APPROVED BY: RECOMMENDED ACTION: Motion to approve an Interim Use Permit (IUP) to allow a Seasonal (Christmas Tree) Sales Lot in the Northern 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 2006 through 2008. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: November 7, 2006 SUMMARY Applicant Property Owner(s): Location. Area in Acres. Comp. Guide Plan Desig: Current Zoning. Planning Commission Action Packet page 151 of 177 EXECUTIVE SUMMARY Rosemount Lions Club Rosemount Properties, LLC Northern Portion of the Rosemount Market Square Parking Lot (3408 150` Street West) 7 1 Acres C Commercial C -4, General Commercial and Rosemount Market Square PUD Recommended Approval 4 -0 The applicant, the Rosemount Lions Club, requests an Interim Use Pernut "IUP to allow the operation of a seasonal sales lot for Christmas trees The Rosemount Lions Club has operated a Christmas tree sales lot somewhere within the community for the past 20 years and at the proposed location for the last seven years. Until now, they have operated without the need for an IUP. However, changes to the City's commercial zoning standards enacted by the City Council m November of 2005 classify temporary outdoor sales lots as transient merchants requiring an Interim Use Permit. Should the City approve the IUP, the Lions Club would operate the sales lot in the northwestern corner of the Rosemount Market Square Shopping Center parking lot located at 3408 150" Street West (see attached map) This is the parking area for the now vacant Knowlan's Grocery Store site The Lions Club would operate the sales lot from November 17` unul December 23 of this year or until all of their 300 trees are sold, whichever comes first The lot would be staffed by one member 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. The Lions plan to cordon off an area encompassing 33 parking stalls in the northwestern corner of the parking lot This area contains one hght pole which provides illumination to the southeastern portion of the sales lot The Lions plan to add an additional light in the northeastern corner of the sales lot, next to the existing monument sign, to provide light to the balance of the site The Lions have agreed that this hght will shine down to the southwest to illuminate the sales lot and not impact traffic on County Road 42 The Lions will have a 4' by 8' ground sign reading "Lions Chnstmas Trees." It will be located north of the sales lot and south of County Road 42 By ordinance it shall be located at least 10' from the property line and outside of the required 25' sight mangle The sales lot will also have an 8' by 16' (128 square foot) warming house to shelter the 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 mangle Gwen the small size of the structure and its temporary nature, staff Finds it does not need to meet the exterior building standards. PLANNING COMMISSION ACTION The Planning Commission held a pubhc hearing to review this item on October 24, 2006. A copy of the minutes from that meeting are attached for your reference There was no applicant representative in attendance. After hearing a presentation from staff and no comments during the public hearing, the Commission unanimously recommended the City Council approve an Interim Use Permit (IUP) to allow a Seasonal (Christmas Tree) Sales Lot in the North portion of the Rosemount Market Square Shopping Center Parking Lot, subject to the conditions outhned in the attached Interim Use Permit Interim Use Permit Review IUPs 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 outhned 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 these criteria are outhned 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 hst 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 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. Outdoor sales lots are considered Transient Merchants and are hsted 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 apphcable City ordinances. Packet page 152 of 177 2 Finding To operate the sales lot, the Lions Club will cordon off a portion of the existing parking lot encompassing 33 parking stalls, place an 8' by 16' warming house for staff, construct supports to display their trees, erect a hght 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 maneuvenng of traffic for the balance of the shopping center. The hght shall shine down to the southwest to illununate the sales lot and shall not impact traffic on County Road 42 The warming house and 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 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 outdoor sales lot or event shall have wntten permission of the property owner on which the sale is located b. No portion of the sales lot or any advertising for the event shall take place within any pubhc right of way or intersection sight triangle. A minimum ten foot (10) setback, or the minimum parking setback for the apphcable zoning district if it provides for a greater setback, shall be maintained from all property hnes 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 c. Any signage for the outdoor sale lot or event shall comply with the temporary signage requirements contained in chapter 8 of this title d. Any temporary structure, including tents and membrane structures, associated with the outdoor sales lot or event shall comply with all applicable building codes and permit requirements. e. 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. f Adequate off street parking, with a surface in comphance with subsection 8 -2 -2I of this code, shall be provided for both the principal and interim use ensuring that no obstruction or interference occurs with existing traffic patterns. No parking related to the outside sales lot shall be permitted on adjacent parcels without the prior written consent of the adjacent parcel owner. h. The operation of the outdoor sales lot shall comply with the approved site plan attached to this report 1. The outdoor sales lot may operate from November 17`" to December 23 in 2006. 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 Packet page 153 of 177 3 permit, which is valid until December 31, 2008. 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 seasonal Christmas Tree Sale lot 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 sales lot will enjoy the same access as the rest of 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 sales lot will take place in the northwest portion of the former Knowlan's Grocery Store site. Currently, this tenant space is vacant. As a result, operation of the sales lot 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 the owner lease this space in the future, staff will reevaluate the impact of the sales lot. 4. The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district Finding: Given that the surrounding land is fully developed, operation of the sales lot should not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district 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 and the C- 4, General Commercial zoning classifications. CONCLUSION Staff recommends approval of the Interim Use Permit request from the Rosemount Lions Club to allow the operation of a seasonal sales lot for Christmas Trees. This recommendation is based on the materials submitted by the applicant and the findings made in this report. The Rosemount Lions Club has operated a Christmas Tree sales lot somewhere within the community for the past 20 years and at the proposed location for the last seven years. Should the City approve the IUP, the Lions club would operate the sale lot in an area encompassing 33 parking stalls in the northwestern corner of the Rosemount Market Square Shopping Center (see attached map) located at 3408 150` Street Packet page 154 of 177 4 West The sales lot would be in operation from November 17' until December 23 or until all of there 300 trees are sold, whichever comes first The lot would 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. Standards governing the operation of the sales lot are detailed in the attached Interim Use Permit. RECOMMENDATION Recommend approval of an Interim Use Permit to allow a seasonal Christmas tree sales lot for the Rosemount Lions Club, subject to conformance with the conditions outlined in the attached IUP Packet page 155 of 177 5 140711_CT W Rosemount Lions Club Site Plan Packet page 156 of 177 Copyright 2006, Dakota County Map Date• October 17, 2006 EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING OCTOBER 24, 2006 5.b. 06 -52 -IUP Rosemount Lions Interim Use Permit. Planner Lmdahl presented tins item. The applicant, the Rosemount Lions Club, requests an Interim Use Permit "IUP to allow the operation of a seasonal sales lot for Christmas trees. The Rosemount Lions Club has operated a Christmas tree sales lot somewhere within the community for the past 20 years and at the proposed location for the last seven years. Until now, they have operated without the need for an IUP However, changes to the City's commercial zoning standards enacted by the City Council in November of 2005 classify temporary outdoor sales lots as transient merchants requiring an Interim Use Permit Should the City approve the IUP, the Lions Club would operate the sales lot in the northwestern corner of the Rosemount Market Square Shopping Center (see attached map) located at 3408 150t Street West This is the parking lot for the now vacant Knowlan's Grocery Store site The Lions Club would operate the sales lot from November 17 until December 23` or until all of their 300 trees are sold, whichever comes first. The lot would be staffed by one member 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. Chairperson Messner asked the Commission for any comments or questions. There were none. Chairperson Messner invited the applicant to come forward The apphcant was not present. Chairperson Messner opened the public heating at 7:54 p.m There were no public comments. MOTION by Messner to close the Public Hearing. Second by Schwartz. Ayes. All. Nays- None. Motion approved. Public hearing was closed at 7:55 p.m. MOTION by Commissioner Schwartz to recommend the City Council approve an Interim Use Permit (IUP) to allow a Seasonal (Christmas Tree) Sales Lot in the North portion of the Rosemount Market Square Shopping Center Parking Lot, subject conditions outlined in the Interim Use Permit for 2006 through 2008 Second by Howell Ayes. All Nays. None. Motion approved. Follow up: Mr Lindahl stated this item is scheduled to go to City Council for approval on November 7, 2006 Packet page 157 of 177 2006 2008 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 2006, 2007, and 2008 from its effective date to December 31, 2008 The outdoor sales lot may operate from November 17th to December 23rd in 2006. 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 untd December 31, 2008. 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 or have written permission of owner of the property on which the sale is located. 4. The City may revoke this permit should the owner of Lot 1, Block 1, Rosemount Market Square receive development approval for this property 5. This permit shall be reviewed prior to renewal in 2008 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 operanon 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 -2I 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 compleuon 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 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. 12. All permits required by other applicable agencies must be obtained and copies submitted to the City. Packet page 158 of 177 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 prior 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 ntle. Packet page 159 of 177