HomeMy WebLinkAbout6.n. Linder's Greenhouse. Renewal of an Interm Use Permit (IUP) Allowing a Temporary Garden Center in the Parking lot of the Rosemount Market Square Shopping Center, 10-02-IUPRosEM0UtEXECUTIVE SUMMARY
City Council Meeting
CITY COUNCIL
January 19, 2010
AGENDA ITEM: 10 -02 -IUP Linder's Greenhouse.
Renewal of an Interim Use Permit (IUP)
AGENDA SECTION:
Allowing a Temporary Garden Center
Consent
in the Parking Lot of the Rosemount
Market Square Shopping Center
PREPARED BY: Jason indahl, A.I.C.P.
AGENDA NO.
ATTACHMENTS: Interim Use Permit Conditions, Draft
APPROVED BY:
1/12/10 PC Minutes, Site Map, Aerial
Photos, Applicant's Letter
RECOMMENDED ACTION: Motion to approve renewal of 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
2010 through 2013.
SUMMARY
Applicant & Property Owner(s): Linder's Greenhouses, Inc. & Rosemount Properties, LLC
Location: Rosemount Market Square Parking Lot (3408 150th 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, Linder's Greenhouses, Inc., requests renewal of their existing Interim Use Permit (IUP)
to allow the operation of a temporary garden center. Should the City renew the IUP, Linder's will
operate the garden center in the Rosemount Market Square Shopping Center parking lot (see attached
map) located at 3408 150"' Street West. The garden center will operate from April 15th to July 15'''
with setup beginning on April 1" and cleanup 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 2010 through 2013, subject to the conditions listed in the attached interim use permit.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item during their regular meeting on January 12, 2010.
Draft minutes from that meeting are attached for your reference. Staff presented this item noting
this request is a renewal of Linder's existing IUP approved in 2007. Commissioner Demuth noted
that the applicant requested to begin setup on March 20th while staff recommended April Vt. Staff
explained that this recommendation was based on the terms of the existing permit. After some
discussion the commission voted 2 -1 to recommend the City Council renew the permit with setup
beginning April V. Ms. Demuth noted she voted against the motion only because she favored the
March 20'h start date and not because she did not support renewing the permit.
BACKGROUND
Linder's has operated the garden center in this location for the past eleven years. For the last three
years, the garden center was operated without incident under an IUP approved in 2007. 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 21' wide by 72' 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, Linden's will cordon off a 36' wide by 144'
long area of the existing parking lot covering 30 parking stalls and place a 21' wide by 72' 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. Signs 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.
E
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. Linder's 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. Linder's shall apply for and receive approval of a temporary structure permit
from the City Building Official. Linder's 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 8-2-2j 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 15t' to July 15`x' annually. Setup of the
site may begin on April 15` and breakdown must be completed by July 31". The permit is
valid for the years 2010, 2011, 2012, and 2013.
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.
3
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 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, USA Nails, Edward
Jones Investments, All State Insurance, Sears, Curves, H & R Block, Lavin LaCrosse, Seng
Foon, and Pizza Man. 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 Linder's to operate a temporary garden
center in the parking lot of the Rosemount Market Square shopping center located at 3408 1504,
Street West. This recommendation is based on the materials submitted by the applicant and the
findings made in this report. Linder's has operated the garden center in this location for the past
eleven years. For the last three years, the garden center was operated without incident under an IUP
4
approved in 2007. 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 21' wide by 72' long by 12' high
greenhouse structure. The garden center will operate from April 15th to July 15`'' with setup
beginning on April 15` and clean up concluding by July 31". Standards governing the operation of
the temporary garden center are detailed in the attached Interim Use Permit.
5
2010 -2013 Interim Use Permit Conditions for
Transient Merchant — Linder's 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. Linder's may operate the temporary garden center from April 15d' to July 15d' annually.
Setup of the site may begin on April 15L and breakdown must be completed by July 31". The
permit is valid for the years 2010, 2011, 2012, and 2013.
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 Uniform Building Code and
Fire Code. Linder's shall apply for and receive approval of a temporary structure permit
from the City Building Official. Linder's 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.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
JANUARY 12, 2010
5.b. Linder's Greenhouses, Inc. Renewal of an Interim Use Permit Allowing a Temporary Garden
Center in the Parking Lot of the Rosemount Market Square Shopping Center (10- 024UP). Planner
Lindahl stated the applicant, Linder's Greenhouses, Inc., requests renewal of their existing Interim Use
Permit (IUP) to allow the operation of a temporary garden center. Should the City renew the IUP,
Linder's will operate the garden center in the Rosemount Market Square Shopping Center parking lot
located at 3408 150`" Street West from April 15th to July 15`h with setup beginning on April 1" and
clean up concluding by July 3V. Hours of operation for the center are limited to 8:00 a.m. to
10:00 p.m. Mr. Lindahl stated that staff recommends renewal ;this permit for the years 2010
through 2013, subject to the conditions listed in the inter; uk`pp,
Commissioner Demuth pointed out a discreps
set up date contained in the recommendation.
obtained from the previous permit terms and
20`'' date.
Applicant, Gabriella Heath of Linder
Linder's operates 51 locations within t%i �Pitie
to have each store open by April 15`''.
Mr. Lindahl stated that, sta f: s sympa
thoic to
the set up period the C`txximission should be c6,nce4
week set up period sh be sufficient to have ihie
IN
Chairper" Ege asked
will proba) in t be de'
e set up date tplicant is requesting and the
hdahl stated that the April V set up date was
licant would be able ta' lain the earlier March
Inc:, tiimented on the set up time stating that
and the a Der set up time will allow them time
eding time to set up multiple sites,
of the Rosemount store and a two
ready to' open by April 15.
permission from the property owner to set
mit application with the owner's signature.
would be delivered and the applicant replied that product
106115 due to the weather and their growing schedules.
Chairperson Ege �ked the app 44 why less time is needed to tear down than to set up. Ms. Heath
replied that tear dow`�'pes fastedIcause the crew is larger. She stated that less crew is available to set
up because a lot of the.' t e st M"''brking on getting the product ready.
Commissioner Schwartz sta''''` t'she is concerned with a pile of building material sitting in the parking
lot for nearly a month and the applicant replied that the building materials are contained as much as
possible and they haven't had any problems with it in the past.
The public hearing was opened at 6:49p.m.
There were no public comments.
MOTION by Ege to close the public hearing. Second by Demuth.
Ayes: 3. Nays: None. Motion approved. The public hearing was closed at p.m.
Commissioner Schwartz stated she would prefer to leave the set up date as April 1" because of her
concern with construction materials sitting idle, but that she would not object to an earlier date.
Commissioner Demuth stated she would like to accommodate the business and allow the early set
up date of March 20`h
Chairperson Ege asked staff whether there would be an impact on the available parking for
customers of the Pond and Mr. Lindahl replied that staff was not concerned with the early set up
impacting the parking but felt that the original two week period was sufficient to set the store up in
time to open on April 15.
MOTION by Ege to recommend the City Council
temporary garden center in the Rosemount Market
the following:
1. Conformance with all conditions outl
through 2013, with a set up date of A
Second by Schwartz.
Ayes: 2. Nays: 1 (Demuth).
As follow -up, Mr. Lindahl stated this
Januar
Use Permit (IUP) allowing a
;enter Parking Lot, subject to
the attached Interim io,Permit for 2010
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Linder's Flower Marts
�eg. 275 W. Wheelock Pkwy
J St. Paul, MN 55117
® v 651- 255 -0417
1910 -2010 Fax: 651 - 255 -0445
E -mail: flowermarts @linders.com
Eric Zweber - Senior Planner January 8, 2010
City of Rosemount
P.O. Box 510
2875 145' St. W.
Rosemount MN 55068 -0510
Dear Mr. Zweber,
Please consider this letter afollow -up to our request to renew our Interim Use ' Permit with the
City of Rosemount for our 2010, 2013 Flower Mart at Rosemount Market Square, in the east
side of the parking lot, north of The Pond. Ice Ring.
This will be our twelfth year at this location. We are eagex to return to serve the customers of
Rosemount whom return year after year.' We have heard many_ excellent comments from our
customers and have received letters expressing great pleasure that Linder's is in Rosemount.
We are planning to be located in the, same position as last year. The front patio will hold
flowering shrubs, container gardens and tropicals. The back patio will hold one gallon and
smaller container perennials which will be on benching. The side walkway will hold one and two
gallon container shrubs and evergreens. This location has worked very well for the past eleven
years and had little or no impact to the traffic flow in the lot. I'm sure if anything, the Flower
Mart had a positive effect on the traffic through the lot.
Our selling dates will be the.same as in years past; - approximately April 15 thru July 15, and we
will be setting up according to the same schedule as last year starting March 20. As in the past
we will abide by all of the other provisions in the original agreement. We are eager to continue
being an excellent addition to Rosemount and feel that we have done a very good job.
We hope that we will again have an exciting spri ng season in Rosemount. I have also attached
the Interim Use Permit application, a detailed floor plan of the Flower Mart as it will . be in 2010
and pictures of how the Flower Mart will look during the season as stated above. These pictures
are of Linder's Flower Mart locations in the metro area not of the Rosemount location. You have
our deposit check of $1,000.00 for this permit. If there is anything else we need to do please
contact me at 612-685-7993.
Sincerely,
Gabriella Heath
Division Manager - Flower Marts
www.Linders.com