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HomeMy WebLinkAbout6.a. Request by TNT Fireworks for an Interim Use Permit EXECUTIVE SUMMARY Planning Commission Meeting: May 22, 2018 Tentative City Council Meeting: June 19, 2018 AGENDA ITEM: 18-28-IUP Request by TNT Fireworks for Interim Use Permit AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.a. ATTACHMENTS: Interim Use Permit Conditions, Area Map, Aerial Photo, Permission Letter from Cub Foods, Certificate of Insurance, Letter from Fire Marshal. APPROVED BY: K.L. RECOMMENDED ACTION: Motion 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 conformance with all conditions outlined in the Interim Use Permit for 2018 through 2022. SUMMARY Applicant & Property Owner(s): TNT Fireworks (American Promotional Events) & Clarel Corporation Location: Northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center (3784 150th Street West) Area in Acres: 9.67 Acres Comp. Guide Plan Designation: C - Commercial Current Zoning: 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 150th Street West. The IUP allows the sales lot to operate for up to 21 days (including setup and breakdown). As a result, setup may begin on June 17th. Sales are projected to run from June 20th to July 5th with breakdown completed by July 8th. All firework sales will take place within a 20’x40’ flame retardant vinyl tent. According to TNT, all products stocked and sold at the Rosemount location are legal in the state of Minnesota. 2 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 situation changes and the use is no longer complementary to the neighborhood. 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 listed 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). Temporary 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 20’ X 40’ flame retardant vinyl tent leased to TNT. The tent will be located in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150th Street West. This type of structure and its location conform to the standards of the C-4 zoning district. 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 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. 3 f. 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. 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. i. The fireworks sales lot may operate from June 20th until July 5, 2018 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 21 days of operation (including time for setup and breakdown) shall be allowed each year by this permit, which is valid until July 8, 2022. 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. Finding: The Comprehensive Plan identifies the subject property as 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. 4 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 Staff recommends 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 8 parking stalls in the northeast portion of the Cub Foods parking lot in the Rosemount Village Shopping Center located at 3784 150th Street West. Standards governing the operation of the sales lot are detailed in the attached Interim Use Permit. 2018- 2022 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 2018, 2019, 2020, 2021 and 2022 from its effective date to July 8, 2022. The outdoor sales lot may operate from June 20th to July 5th 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 21 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. MEMORANDUM To: Anthony Nemcek, City Planner From: Rick Chase, Building Official Date: May 17, 2018 Subject: TNT Fireworks The permit application for TNT fireworks’ has been reviewed and approved in accordance with the Minnesota State Fire code. The Fire Marshal will also conduct a site inspection when the tent and contents are in place.