HomeMy WebLinkAbout06.g. Request by TNT Fireworks for Interim Use PermitEXECUTIVE SUMMARY
City Council Regular Meeting: June 5, 2018
AGENDA ITEM: Request by TNT Fireworks for Interim
Use Permit
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO.: 6.g.
ATTACHMENTS: Resolution; Interim Use Permit; Excerpt of
the May 22, 2018 Planning Commission
Meeting Minutes; Area Map; Aerial
Photo; Permission Letter from Cub
Foods; Certificate of Insurance; Letter
from Fire Marshal.
APPROVED BY:
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 conformance with all
conditions outlined in the attached 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.
LJM
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PLANNING COMMISSION ACTION
The Planning Commission held a hearing at its May 22, 2018, to review the application and receive public
comment. No public comment was received, but the Planning Commission did inquire about the permit in
relation to the operation as it took place in previous years. Specifically, the Commission asked if the tent
would be the same size as previous years. The tent description provided by the applicant indicates that the
tent will actually be smaller than it has been in years prior. The Planning Commission unanimously
recommended approval of the Interim Use Permit.
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.
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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 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.
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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
The Planning Commission and staff 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 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.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018 -
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 May 22, 2018, 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 2018-2022
Interim Use Permit; and
WHEREAS, on Jun 5, 2018, the City Council of the City of Rosemount reviewed the Planning
Commission’s recommendation and the 2018-2022 Interim Use Permit for TNT Fireworks.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the 2018-2022 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 2018-2022 Interim Use Permit.
ADOPTED this 5th day of June, 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Jeff May, Deputy City Clerk
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.
Resolution 2018-
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.
Resolution 2018-
6.a. Request by TNT Fireworks for an Interim Use Permit (18-28-IUP)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Chair Kenninger clarified that the size of the tent is the same as previous years. Nemcek stated that the proposed tent is
smaller.
The public hearing opened at 6:47 pm.
Public Comments: None.
MOTION by Freeman to close the public hearing.
Second by Schwartz.
Ayes: 4. Nays: 0. Motion Passes.
The public hearing was closed at 6:48 pm.
Resolution 2018-
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.