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HomeMy WebLinkAbout6.e. Rosemount Lions Club Renewal of an Interim Use Permit (IUP) Allowing a Seasonal Christmas Tree Sales Lot in the Parking Lot of the Rosemount Village Shopping Center (Cub Foods) EXECUTIVE SUMMARY City Council Meeting: November 5, 2019 AGENDA ITEM: Rosemount Lions Club Renewal of an Interim Use Permit (IUP) Allowing a Seasonal Christmas Tree Sales Lot in the Parking Lot of the Rosemount Village Shopping Center (Cub Foods) AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.e. ATTACHMENTS: Resolution; Excerpt from the October 22, 2019, Planning Commission Meeting Minutes; Draft Interim Use Permit Conditions; Site Plan; Aerial Photograph; Cub Foods Authorization; License Agreement with property owner APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt a Resolution Renewing the Interim Use Permit (IUP) allowing a Seasonal (Christmas tree) Sales Lot of the Rosemount Village Shopping Center Parking Lot (Cub Foods), subject to conditions. SUMMARY Applicant & Property Owner(s): Rosemount Lions Club and Clarel Corporation Location: Northwestern Portion of the Rosemount Village Shopping Center Parking Lot (3860 150th Street West) Area in Acres: 9.67 Acres (4,500 square feet for tree sales) Comp. Guide Plan Design: CC – Community Commercial Current Zoning: C-4/PUD, General Commercial and Rosemount Village Shopping Center PUD The Council is being asked to consider a request from the Rosemount Lions Club for renewal of their existing Interim Use Permit to allow operation of a seasonal sales lot for Christmas trees within the parking lot in front of the Cub Foods store along 150th Street West. The IUP would allow the applicant to conduct seasonal tree sales in the northwestern corner of the Rosemount Village Shopping Center located at 3860 150 Street West. For 2019, the sales lot would operate from November 25th to December 22nd 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 5 years, the Lions Club has operated under a previous IUP without incident. Due to the lack of issues under previous permits and compliance with IUP standards, staff recommends renewal of the permit for the years 2019 through 2023, subject to the conditions listed in the attached interim use permit. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at its regular meeting on October 22, 2019. No comments from the public were received during the public hearing. Following the public hearing, the Commission voted unanimously to recommend approval of the IUP renewal request. 2 BACKGROUND The Rosemount Lions Club has operated a Christmas tree sales lot at different locations within the community for over 20 years. Most recently, the club operated at the Rosemount Market Square commercial center (where Arby’s and Chipotle is now located) before moving to the Rosemount Village Shopping Center site in 2016. For the last five years, the lot has operated under an IUP approved in 2014 and amended in 2016 for the new location. The Lion’s Club would like to continue selling trees on a seasonal basis at the Village Shopping Center site and is asking for an additional five years with the same operating conditions as the previous permit. The Village Shopping Center is part of a Planned Unit Development (PUD) constructed in the early 2000’s, with the Cub Foods store as the anchor tenant for a series of smaller commercial establishments within the same block. The sales lot encompasses 22 parking stalls in the northwestern corner of the parking lot near the intersection of Claret Avenue with 150th Street West (County Highway 42). Overall the shopping center site contains 494 parking stalls, 44 more than required by the City Code. Cub Foods uses the same area for seasonal sales of its outdoor nursery in the spring and early summer months. There are no anticipated impacts on existing traffic flow within the parking lot, and the sales lot can be accommodated without reducing the parking for the surrounding retail uses below the minimum threshold required by the zoning ordinance. No special lighting will be needed for the sales lot because it will use the exiting lighting for the Cub Foods lot and is near four existing light poles within this lot. The sales lot will have an 8’ by 16’ (128 square foot) warming house to shelter staff during business hours. This building must 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. Consistent with previous years, the Lions will display a 4’ by 8’ (32 square feet) ground sign identifying their location installed on the warming house facing Highway 42. As part of the 2016 IUP review, the Lions received permission from the owner of the shopping center to use the bathroom facilities within Cub Foods for its customers. Written permission to continue this arrangement is included as part of the current request. 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 properties, 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, the 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/PUD, General Commercial and Rosemount Village Shopping Center PUD. Outdoor sales lots are considered Transient Merchants and are listed as an interim use in this district by reference. 3 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 22 parking stalls, place an 8’ by 16’ warming house for staff, construct supports to display trees, and place a sign on the warming house 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 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 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 Section 11-8 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. 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 25th to December 22nd in 2019. 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, 2023. In addition to both the general IUP standards and those specific to transient merchants, Section 11-10-08 4 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 CC – Community 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 this 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 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 Village Shopping Center parking lot. The center is currently occupied by Cub Foods, Green Leaf Tobacco, Verizon Wireless, Chuck and Don’s Pet Food and Supplies, Little Caesars, and Caribou Coffee. 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 shopping center design and tenant mix, the proposed Christmas tree sales lot should not impede the normal and orderly development and improvement of the surrounding property. 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 CC – Commercial land use designation, the C-4, General Commercial zoning classifications and the Rosemount Village Shopping Center Planned Unit Development (PUD). RECOMMENDATION & CONCLUSION The Planning Commission and staff recommend 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. Standards governing the operation of the sales lot are detailed in the attached Interim Use Permit. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - A RESOLUTION RENEWING THE INTERIM USE PERMIT ALLOWING A SEASONAL CHRISTMAS TREE SALES LOT IN THE PARKING LOT OF THE ROSEMOUNT VILLAGE 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 Village Shopping Center Parking Lot, located at 3860 150 th Street West, Rosemount, Minnesota and legally described as follows: Lot 1, Block 1, Rosemount Village WHEREAS, on October 22, 2019, 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 2019- 2023 Interim Use Permit; and WHEREAS, on November 5, 2019, the City Council of the City of Rosemount reviewed the Rosemount Lions Club application and the conditions in the 2019-2023 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 northeastern portion of the Rosemount Village Shopping Center parking lot, located at 3860 150 th Street West, Rosemount, Minnesota for the years of 2019, 2020, 2021, 2022, and 2023, subject to the conditions listed in the 2019-2023 Interim Use Permit. ADOPTED this 5th day of November, 2019, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk 5.a. Request by Rosemount Lions Club for a Renewal of an Interim Use Permit Allowing a Seasonal Christmas Tree Sales Lot in the Parking Lot of the Rosemount Village Shopping Center. (19-43-IUP) Community Development Director Lindquist gave a brief summary of the staff report for the Planning Commission. Public Hearing opened at 6:34 pm. Public Comments: None. MOTION by VanderWiel to close the public hearing. Second by Schmisek. Ayes: 4. Nays: 0. Motion Passes The public hearing was closed at 6:35 pm. Additional Comments: None. MOTION by VanderWiel 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 Village Shopping Center Parking Lot (Cub Foods), subject to the following: 1. Conformance with all conditions outlined in the attached Interim Use Permit for 2019 through 2023. Second by Lundquist. Ayes: 4. Nays: 0. 2019-2023 Interim Use Permit Conditions for Rosemount Lions Club/ Clarel Corporation Transient Merchant Outdoor Sales Lot for Christmas Trees This Interim Use Permit (IUP) is valid only for Lot 1, Block 1, Rosemount Village Shopping Center, Dakota County, Minnesota. 1. This permit shall be in effect for the calendar years of 2019, 2020, 2021, 2022 and 2023 from its effective date to December 31, 2023. The outdoor sales lot may operate from November 25th to December 22nd in 2019. 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, 2023. 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 Village Shopping Center receive any additional development approvals for this property, the City may reevaluate this permit. 5. Violation of any specified IUP condition or otherwise unlawful activity may result in immediate revocation of the IUP. 6. The operation of the outdoor sales lot shall comply with the approved site plan attached as Exhibit A. 7. 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. 8. No parking related to the outdoor sales lot shall be permitted on adjacent parcels without the prior written consent of the adjacent parcel owner. 9. All site improvements shall be reviewed by the City Engineer for approval prior to completion in accordance with City standards including grading permits. 10. 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. 11. All permits required by other applicable agencies must be obtained and copies submitted to the City. 12. All development and dimensional standards of the zoning ordinance apply to future improvements of the Rosemount Lions Club Christmas Tree Sales Lot. 13. All structures must conform to the Uniform Building Code and Fire Code. 14. The applicant or property owner shall submit an agreement to share restroom facilities or provide a handicap accessible satellite in conformance with Dakota County Health standards for portable sanitary facilities. 15. Any signage for the outdoor sale lot or event shall comply with the temporary signage requirements contained in chapter 8 of this title. Dakota County, MN Property Information October 9, 2019 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County, MN Property Information October 17, 2019 0 225 450112.5 ft 0 60 12030 m 1:2,400 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.