HomeMy WebLinkAbout6.k. Rosemount Lions Club Renewal of an Interim Use Permit (IUP) Allowing a Seasonal Christmas Tree Sale Lot in the Parking Lot of the Rosemount Market Square Shopping Center 4 ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
Tentative City Council Meeting: November 3, 2009
AGENDA ITEM: 09 -23 -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. AGENDA NO. (Q• V
Planner
ATTACHMENTS: 10 -27 -09 Draft PC Minutes, Resolution, APPROVED BY:
Interim Use Permit Conditions, Site Plan,
Applicant's Letter Dpi
RECOMMENDED ACTION: Motion to approve a resolution renewing 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
2009 through 2013.
SUMMARY
Applicant Property Owner(s): Rosemount Lions Club Rosemount Properties, LLC
Location: Northwestern Portion of the Rosemount Market Square
Parking Lot (3408 150 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, 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. Should the City renew the IUP, the
Lions Club will operate the sales lot in the northwestern comer of the Rosemount Market Square
Shopping Center (see attached map) located at 3408 150 Street West. The sales lot will operate from
November 20 to December 23` 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 three years, the Lions Club has operated under
the existing IUP without incident. As a result, staff recommends renewal of this permit for the years
2009 through 2013, 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 27, 2009. Draft
minutes from that meeting are attached for your reference. There was no applicant representative in
attendance during the meeting. After hearing a presentation from staff and no comments during the
public hearing, the Commission unanimously recommended the City Council renew the Interim Use
Permit (IUP) to allow a seasonal (Christmas tree) sales lot in the northwestern portion of the
Rosemount Market Square shopping center parking lot, subject to the conditions outlined in the
attached Interim Use Permit.
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 ten years. For the
last three years, the lot was operated under an IUP approved in 2006.
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 additional light in the northwestern 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 light will
shine down to the southeast to illuminate the sales lot and not impact traffic on County Road 42 or
neighboring residential uses.
The Lions will display a 4' by 8' (32 square feet) ground sign reading 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 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 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. 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 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.
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Finding: The subject property is zoned C -4, General Commercial and Rosemount Market
Square 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 title and other
applicable City ordinances.
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 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 down 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 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 shall have written permission of the
property owner on which 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 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 outdoor sales 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. to 8 p.m. on weekdays and 10:00 a.m. to
8:00 p.m. on weekends.
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 outside sales lot shall be permitted on adjacent parcels without the
prior written consent of the adjacent parcel owner.
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h. The operation of the outdoor sales lot shall comply with the approved site plan attached to
this report.
i. The outdoor sales lot may operate from November 21" to December 23 in 2009. 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, 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.
Finding: The Comprehensive Plan identifies the subject property as C Commercial. Staff finds
the operation of a seasonal Christmas tree sales 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 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 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 Christmas tree sales lot 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 sales lot, 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 Christmas tree sales lot
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 sales lot. As a result, staff recommends that a condition of
the IUP state that should the property owner choose to expand the site, the City 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 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 the Rosemount Lions Club to operate 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 at various locations throughout the community for the past 20 years and at
the Rosemount Market Square for the last 10 years. For the past three years, the Lions have
operated at their current location under an IUP without incident. Should the City renew the IUP,
the Lions Club would operate the sale lot in an area encompassing 33 parking stalls in the
northwestern corner of the shopping center located at 3408 150 Street West. The sales lot would
be in operation from November 21' to December 23` or until the trees inventory is sold out,
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.
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EXCERPT FROM MINUTES
PLANNING COMMISSION REGULAR MEETING
OCTOBER 27, 2009
5.a. Rosemount Lions Club Renewal of an Interim Use Permit Allowing a Seasonal Christmas Tree
Sales Lot in the Paring Lot of the Rosemount Market Square Shopping Center (09 -23 -IUP). Planner
Lindahl reviewed the staff report.
Commissioner Demuth asked if there was a limit on how many competing tree sale lots could operate
within the city. Planner Lindahl replied that the City does not have a standard governing the number
of sales in the community. He further stated that the purpose of requiring an IUP is if they are a third
party user, like the Rosemount Lions who are not a tenant of the property, the IUP insures the
operation does not interfere with the area surrounding the site.
The public hearing was opened at 6:39p.m.
There were no public comments.
MOTION by Messner to close the public hearing. Second by Irving.
Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:40p.m.
MOTION by Messner to recommend 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 2009
through 2013.
Second by Schultz.
Ayes: 5. Nays: None. Motion approved.
As follow -up, Mr. Lindahl stated this item will go before the City Council at their regular meeting on
November 3, 2009.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2009
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 Square 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 27, 2009, 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 Interim Use Permit for the Rosemount Lions Club subject to the conditions in the 2009-
2013 Interim Use Permit; and
WHEREAS, on November 3, 2009, the City Council of the City of Rosemount reviewed the
Rosemount Lions Club application and the conditions in the 2009 -2013 Interim 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 Interim Use Permit to allow the seasonal Christmas tree sales lot in the northwestern
portion of the Rosemount Market Square Shopping Center parking lot, located at 3408 150th Street
West, Rosemount, Minnesota for the years of 2009, 2010, 2011, 2012, and 2013, subject to the
conditions listed in the 2009 -2013 Interim Use Permit.
ADOPTED this 3 day of November, 2009, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
RESOLUTION 2009
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
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2009 -2013 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 2009, 2010, 2011, 2012 and 2013 from
its effective date to December 31, 2013. The outdoor sales lot may operate from November
21st to December 23` in 2009. 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, 2013.
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 2012 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.
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ROSEMOUNT LIONS CLUB
September 8 2009
City of Rosemount
Rosemount, MN 55068
RE: ROSEMOUNT LIONS CLUB Christmas Trees Sales permit.
City of Rosemount:
The ROSEMOUNT LIONS CLUB is planning on selling Christmas trees again in 2009.
We will be selling from the same lot as described in the permit we received for 2006 to 2008.
We will follow all of the stipulations that were laid out for us in the previous permit. This would
include the sale of trees from November 21 to December 20 2009.
We are asking for a permit to again cover 3 years, 2009, 2010 and 20011.
Authorization from the land owners, for the ROSEMOUNT LIONS CLUB to sell Christmas
trees form Property shown on enclosed photo follows.
Sincerely
Jerald M. Wohlers Ron or Rich Carlson
ROSEMOUNT LIONS CLUB Owner of Properties