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HomeMy WebLinkAbout6.i. TNT Fireworks. Issuance of an Interim Use Permit for a Temporary Fireworks Sales Lot in the Cub Foods Parking Lot, 11-07-UPAGENDA ITEM: 11 -07 -IUP TNT Fireworks. Issuance of an Interim Use Permit for a Temporary Fireworks Sales Lot in the Cub Foods Parking Lot AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGE DA NO. -I. ATTACHMENTS: 4 -26 -11 Draft PC Except Minutes, Resolution, Interim Use Permit Conditions, Area Map, Aerial Photo, TNT Tent Placement Worksheet, Permission Letter from Cub Foods, Certificate of Insurance, Letter from Fire Marshal. APPROVED BY: ON RECOMMENDED ACTION: Motion to renew the Interim Use Permit (IUP) for TNT Fireworks to allow a temporary fireworks sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center, subject to the following: 1. Conformance with all conditions outlined in the attached Interim Use Permit for 2011 through 2015. 4 ROSEMOUNT City Council Meeting: May 17, 2011 SUMMARY Applicant Property Owner(s): Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning: CITY COUNCIL EXECUTIVE SUMMARY TNT Fireworks (American Promotional Events) Clarel Corporation Northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center (3784 150 Street West) 9.67 Acres C Commercial C -4, General Commercial and Chippendale /42 Partnership Planned Unit Development (PUD) The applicant, TNT Fireworks, requests renewal of their existing Interim Use Permit (IUP) to allow the operation of a temporary fireworks sales lot. TNT's existing IUP was issued in 2008. This application is required because the City amended the commercial zoning standards in November 2005 to classify temporary outdoor sales lots as transient merchants requiring an Interim Use Permit. Should the City renew the IUP, TNT will operate the sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150 Street West (see attached map). The IUP allows the sales lot to operate for up to 19 days (including setup and breakdown). As a result, setup may begin on June 20 Sales shall run from June 23` to July 5 Breakdown shall be completed by July 8` All firework sales will take place within a 30' X 45' flame retardant vinyl tent leased to TNT by the Tables and Tent Company of Rosemount. The tent will be supported by two center poles and anchored by 42" stakes placed every eight (8) feet. According to TNT, all products stocked and sold at the Rosemount location are legal in the state of Minnesota. PLANNING COMMISSION ACTION The Planning Commission reviewed this item on April 26, 2011. An excerpt of the draft minutes are attached for your reference. After a presentation from staff, the Commission held a public hearing that produced no comments. Commissioner Powell asked if the City could revoke the permit during the proposed five year term. Planner Lindahl stated that condition five of the IUP states that violation of any condition or otherwise unlawful activity may result in immediate revocation of the permit. Having no other comments or questions, the Commission voted unanimously to recommend the City Council renew the IUP for TNT Fireworks. ISSUE ANALISYS 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 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 these criteria are outlined 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. Finding: The subject property is zoned C -4, General Commercial and Chippendale /42 Partnership Planned Unit Development (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: The applicant will conduct the fireworks sale within a 30' X 45' flame retardant vinyl tent leased to TNT by the Tables and Tent Company of Rosemount. The tent will be located in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150t Street West. This type of structure and its location conform with the standards of the C -4 zoning district. 3. The interim use must comply with the specific standards for the use identified in this tide, and must comply with all conditions of approval which shall be included in an IUP agreement. 2 Finding: Specific standards for transient merchants are identified in Section 11- 4 -13.E. The following conditions of approval apply 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 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 foot (10') 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 feet (100') of any property line of any residential use or residentially zoned property. c. Any signage for the outdoor sales lot shall comply with the temporary signage requirements contained in Section 11 -8. d. Any temporary structure, including tents and membrane structures, associated with the outdoor sales lot shall comply with all applicable building codes and permit requirements. e. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. f. Adequate off street parking, with a surface in compliance with section 11 -6 -1.L 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 outdoor 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. The fireworks sales lot may operate from June 23th until July 5, 2011 with setup and breakdown occurring three days prior and after these dates. The applicant shall contact the City prior to installation of the fireworks sales lot each year with the dates of operation for that year and an updated site plan. Up to 19 days of operation (including time for setup and breakdown) shall be allowed each year by this permit, which is valid until July 8, 2015. j. 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. k. Violation of any condition of approval or otherwise unlawful activity may result in immediate revocation of the IUP. 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 fireworks 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 have the same access as the rest of the shopping center. This includes direct ingress and egress from both Claret and Crestone Avenues 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: According to the applicant, their fireworks products comply with National Fire Protection Association standard 1124 and applicable state law. In addition to the conditions contained in the attached IUP, TNT is required to receive approval for this use from the city's Fire Marshal (see attached). The Police Department will enforce all laws relating to the sale and use of fireworks within the City of Rosemount. In addition, for security purposes TNT voluntarily maintains two employees on the site at all times. 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 all but fully developed, operation of the fireworks 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 C Commercial land use designation, the C -4, General Commercial zoning classifications and the Chippendale /42 Partnership Planned Unit Development (PUD). CONCLUSION RECOMMENDATION Both staff and the Planning Commission recommend renewal of the Interim Use Permit for TNT Fireworks to allow the operation of a temporary outdoor fireworks sales lot. This recommendation is based on the materials submitted by the applicant and the findings made in this report. Should the City approve the IUP, TNT would operate the sales lot in an area encompassing 22 parking stalls in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150 Street West. The fireworks sales lot may operate from June 23` until July 5, 2011 with setup and breakdown occurring three days prior and after these dates. The applicant must contact the City prior to installation of the fireworks sales lot each year with the dates of operation for that year. This IUP is valid until July 8, 2015 and allows up to 19 days of operation (including time for setup and breakdown) each year. The lot may be open from 8:00 a.m. to 10:00 p.m. Standards governing the operation of the sales lot are detailed in the attached Interim Use Permit. 4 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING APRIL 26, 2011 c. Request by TNT Fireworks to Renew Their Interim Use Permit to Operate a Fireworks Sales Lot (11 07 IUP). TNT Fireworks has submitted an interim use permit application to renew their permit to operate a fireworks sales lot in the Cub Foods parking lot. This application is required because the City amended the commercial zoning standards in November 2005 to classify temporary outdoor sales lots as transient merchants requiring an Interim Use Permit. Should the City renew the IUP, TNT will operate the sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150 Street West. Commissioner Powell asked if the City could revoke the permit at any time during the term of the permit if the applicant would be found in violation of any of the conditions during that time. Mr. Lindahl stated that it states within the permit in #5 that violation of any condition or otherwise unlawful activity may result in immediate revocation of the IUP. The applicant, Michele Hoagland, 15764 Cicerone Court, Rosemount, approached the Commission and stated she has been the operator of the TNT tent for the last four years. There were no questions from the Commission for the applicant. The public hearing was opened at 7:33p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Irving. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 7:33p.m. MOTION by Ege to recommend the City Council renew the Interim Use Permit (IUP) for TNT Fireworks to allow a temporary fireworks sales lot in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center, subject to the following: 1. Conformance with all conditions outlined in the attached Interim Use Permit for 2011 through 2015. Second by Powell. Ayes: 7. Nays: None. Motion carried. Planner Lindahl stated this item will go to the City Council for approval on May 17, 2011. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION APPROVING THE INTERIM USE PERMIT FOR TNT FIREWORKS TO ALLOW A FIREWORKS SALES LOT WHEREAS, the City of Rosemount received an application from TNT Fireworks for approval of an Interim Use Permit to allow a fireworks sales lot in the north portion of the Rosemount Village Shopping Center Parking Lot, located at 3784 150th Street West, Rosemount, Minnesota; and WHEREAS, on April 26, 2011, the Planning Commission of the City of Rosemount held a public hearing to review the Interim Use Permit application from TNT Fireworks to allow a fireworks sales lot in the north portion of the Rosemount Village Shopping Center Parking Lot; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council approve the Interim Use Permit for TNT Fireworks subject to the conditions in the 2011 -2015 Interim Use Permit; and WHEREAS, on May 17, 2011, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the 2011 -2015 Interim Use Permit for TNT Fireworks. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the 2011 -2015 Interim Use Permit to allow the fireworks sales in the north portion of the Rosemount Village Shopping Center Parking Lot, located at 3784 150th Street West, Rosemount, Minnesota, subject to the conditions listed in the 2011 -2015 Interim Use Permit. ADOPTED this 17th day of May, 2011, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor 2011- 2015 Interim Use Permit Conditions for TNT Fireworks Transient Merchant Outdoor Sales Lot for Fireworks This Interim Use Permit (IUP) is valid only for Lot 1, Block 1, Rosemount Village, Dakota County, Minnesota. 1. This permit shall be in effect for the calendar years of 2011, 2012, 2013, 2014 and 2015 from its effective date to July 8, 2015. The outdoor sales lot may operate from June 23rd to July 5th in 2008 with setup and breakdown occurring three days before and after these dates. TNT Fireworks shall contact the City prior to installation of the sales lot each year with the dates of operation for that year. Up to 19 days of operation, including setup and breakdown, shall be allowed each year by this permit. 2. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. 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. 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. 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 section 11 -6 -1.L 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. 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. 10. The applicant is required to obtain all other applicable permits and approvals, 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 the zoning ordinance apply to future improvements of the TNT Fireworks Sales Lot. 12. All structures, including temporary tents, must conform to the Uniform Building Code and Fire Code. 13. Any signage for the outdoor sales lot shall comply with the temporary signage requirements contained in chapter 8 of this title. 14. 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 will conduct business within the city. The applicant shall notify the city in writing at least 30 days prior to cancellation of the insurance. TNT Lireworks (Cub Foods) Sik?lan EXHIBIT A Copyright 2008, Dakota County Map Date: April 17, 2008 1 1-_______.1 1 1 1 --I i 1 i i i t' -------1 1------:g 1 r 0 I i I. r t2 I %V St ._..1 IN i 1 I I Fireworks Sales Lot Si 7 1 i I/ I 0 1 e 1' 1 I 1, eatnirRatU 141T14 T n Copyright 2008, Dakota County Map Date: April 9, 2008 1viar Lu ut5 U:4 a Largo ortIce TNT FIREWORKS A Tent Placement Worksheet must asco.mpany each and every Lease Agreement STA 4 t aVI- WORKSHEET ADDRESS 7ZL Gafh LU. crry (2c rYwv -n* STATE in TENT/ STAND SIZE 50 z 3 G STOiiE NAME LOCATOON a 1164 STAND 1 TENT SET UP DATES BETWEEN h J t AND 1 STAND /TENT TAKE DOWN DATES SEWTEENI S AND -71 MONTH SIGNATURE SILT WHITE -TNT INDICATE LOCATION AND DIMEISIOND SOWN YELLOW A MANAGER 013560688 563(o8 X rij SPECIAL INSTUFICT'ICNS DATE 4' 1 PINK STORE ['ONAGER i LAND OWNER p.2 TO WHOM IT MAY CONCERN: of having a retail sale from Sune, Cuk foods utilize the restroom facilities at our store. Property Address City TNT Fireworks 4511 Helton Drive Florence, AL 35630 PERMISSION LETTER TNT is hereby granted permission to erect a I AY T)S tent on our property for the purpose 20 1(L_ through Ziki pCSCYV1 D t01 S.9)68 state Tap grants permission for all patrons of the sale to 3 78N I.Sot" S� I�S� (?uA foocjs �316sY !son SMM an Sara Backlund ASMM Grocery Non -Food and GM Cub Foods Store Support Center Store Name THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PF Rho. )f INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THis CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -INSR LTR PE OF IN E ADDLSUBR INSR WVD POLICY NUMBER �OLIC]LEFF (MMIDDIYYYY) POI IC (MMIDD/YYYY) LIMITS A GENERAL LIABILITY DGLB00810581 11/01/2010 11/01/2011 EACH OCCURRENCE 1.000.000 200,000 X COMMERCIAL GENERAL LIABILITY O AMAGE TO RE17TEO PREMISES (Ea occurrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) EXCLUDED X Blkt Contractual PERSONAL 8 ADV INJURY 1,000,000 X Hostile Fire Poll Liab GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n JECT I^ I LOC PRODUCTS COMP/OP AGG 2.000.000 I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 000788300 11/01/2010 11/01/2011 EACH OCCURRENCE 1000 ')I'C AGGREGATE DED I RETENTION $10.000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N A I DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Loc# MN 3165 Cub Foods; Claret Corporation; Kraus Anderson Realty Company; General Youth Ministries and City of Rosemount The above listed are Additional Insured respects to General Liability policy as required by writ en contract subject to policy terms, conditions and exclusions. The Certificate Holders are named as Additional Insureds with respect to General Liability as required by written contract subject to policy terms, conditions, and exclusions. Cub #31654 Rosemount Village Shopping Center 3784 150th Street W. Rosemount, MN 55068 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACG'R CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS WILLIAMS, INC. P.O. Box 10265 Birmingham, AL 35202 INSURED American Promotional Events, Inc. dba TNT Fireworks P.O. Box 1318 Florence. AL 35631 CONTACT NAME: PHONE 800 (AIC, No, Ent) E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A :Liberty Surplus Insurance Company INSURER B :Ironshore Specially Ins Co INSURER C INSURER 0 INSURER E INSURER F FAX (AIC No' DATE (MM /OD /YYYY) 02/15/2011 NAIC e COVERAGES CERTIFICATE HOLDER ACORD 25 (2010/05) CERTIFICATE NUMBER:2UJ3OGEU CANCELLATION REVISION NUMBER: Page 1 of 1 1988 -2010 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 4 ROSEMOUNT FIRE DEPARTMENT M E M O R A N D U M To: Jason Lindahl, Planner From: John Kendall, Code Compliance Inspector Date: April 21,2011 Subject: TNT Fireworks On March 23` 2011 an application for a Fireworks Sales permit was sent by TNT Fireworks. After additional information was sent the permit was approved and signed on April 14, 2011.