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HomeMy WebLinkAbout2011-05-18 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/18/11 I gam —agapJ N Community Development ORIGINATING DEPARTMENT Jennifer Levitt STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving TNT Fireworks' interim conditional use permit to allow temporary outdoor sales of fireworks from a tent in Cub Foods' parking lot for years 2011 through 2013. STAFF RECOMMENDATION Adopt the resolution approving TNT Fireworks' interim conditional use permit. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE DATE ® PLANNING 4/25/11 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND'RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool dated 5/5/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes of the 4/25/11 Planning Commission meeting ADMINISTRATORS COMMENTS i y Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA FROM: John McCool, Senior Planner DATE: May 5, 2011 RE: TNT Fireworks — Interim Conditional Use Permit • • TNT Fireworks has applied for an interim conditional use permit to allow temporary outdoor sales of fireworks from a tent in Cub Foods' parking lot at 8690 East Point Douglas Road. The temporary outdoor display and sales will be from June 18, 2011 to July 5, 2011. Cub Foods has given consent to the applicant to erect the temporary tent in the southwest corner of their parking lot. A copy of the applicant's site plan and Cub Foods authorization letter are attached. Location Map Planning Commission The Planning Commission reviewed TNT Firework's interim conditional use permit application at a public hearing on April 25, 2011. A representative for the applicant was present. No public tes- timony or written comments were received at that meeting. The Commission supported the appli- cant's proposal and unanimously recommended approval (6 -to -0 vote), subject to the conditions listed in the draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. Honorable Mayor, City Council, and Ryan Schroeder TNT Fireworks — Interim Conditional Use Permit May 5, 2011 Page 2 of 3 Background On June 6, 2007, TNT Fireworks initially received city approval of an interim conditional use per- mit for a one -year period to display and sell fireworks from the Cub Foods' parking lot (Resolution No. 07 -096). In 2008, TNT Fireworks again applied for an interim conditional use permit to continue their tem- porary sales of fireworks at the same Cub Foods' parking lot location. The city approved this inte- rim conditional use permit on May 21, 2008 (Resolution No. 08 -099). Because the tent location did not pose any safety issues or cause any parking problems for customers or employees, the City allowed the interim conditional use permit to be active for a three -year period. Planning Considerations Compliance with Ordinance Requirements The ordinance lists seven general criteria that must be met to obtain approval of the interim condi- tional use permit. The criteria relates to impact on property, time certainty of the proposal, and con- formity with the zoning ordinance. The ordinance also allows the city to stipulate appropriate condi- tions. Approval of the interim CUP for an outdoor temporary sale of fireworks generally complies with all these standards. Temporary Outdoor Sales Tent The 30 -foot by 50 -foot temporary tent is proposed to be located in the southwest corner of Cub Food's parking lot, the same location where temporary greenhouses have been located in the past. The interim conditional use permit for the temporary greenhouse runs from April 1 to July 1. Parking for Cub Foods and TNT customers and employees will be adequate during business hours. An aerial map showing the location of the tent and tent floor plan are shown below: Honorable Mayor, City Council, and Ryan Schroeder TNT Fireworks — Interim Conditional Use Permit May 5, 2011 Page 3 of 3 I 30 feet L —� w a i �0'feet long tent end to end Tent Floor Plan Fireworks Sales Operation TNT Fireworks proposes to operate the temporary outdoor fireworks sales from June 18 through July 5 from 9:00 a.m. to 10:00 p.m. A minimum of two TNT Fireworks employees will staff the site at all times. During non - business hours, two employees will remain in the tent for security rea- sons. These employees can use Cub Foods' restroom facilities since the store is open during night -time hours. A copy of their fireworks product list is attached. Erecting the temporary tent and stocking the fireworks merchandise will occur three to four days before fireworks sales begin on June 18. Removal of unsold merchandise and the tent will be completed before July 8. Public Hearing Notices Public hearing notices were mailed to 98 property owners who are within 500 feet of the Cub Foods property. These notices were mailed on April 14, 2011. The 500 -foot buffer around the site is shown on the location map. .: a That the City Council adopts a resolution approving TNT Firework's interim conditional use permit to allow temporary outdoor sales of fireworks from a 30 -foot by 50 -foot tent in the parking lot at Cub Foods for years 2011 through 2013, subject to the conditions listed in the attached resolution. RESOLUTION NO. 2011 -XXX A RESOLUTION APPROVING AN INTERIM CONDITIONAL USE PERMIT TO ALLOW TEMPORARY OUTDOOR SALES OF FIREWORKS IN THE PARKING LOT AT CUB FOODS, 8690 EAST POINT DOUGLAS ROAD SOUTH WHEREAS, TNT Fireworks has applied for an interim conditional use permit to allow temporary outdoor sales of fireworks from a 30 -foot by 50 -foot tent in the parking lot at Cub Foods, on property legally described as: Lot 2, Block 1, Cottage Grove Commercial 3rd Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 8690 East Point Douglas Road South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on April 25, 2011; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the application. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously (6 -to -0 vote) recommended approval of the application, subject to certain conditions listed below. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota hereby approves an interim conditional use permit to allow temporary outdoor sales of fireworks from a 30 -foot by 50 -foot tent in the parking lot at Cub Foods, on the property legally described above, subject to the following conditions: 1. The Interim Conditional Use Permit is in effect sixteen days prior to July 4 and four days after July 4 for years 2011 through 2013. The interim conditional use permit application fee must still be paid to the City for each year. Resolution 2011 -XXX Page 2 of 2 2. A building permit for the 30 -foot by 50 -foot temporary sales tent must be issued by the City's Building Inspections Department before the temporary tent is erected. 3. No merchandise may be displayed outside the tent. 4. A portable multipurpose dry chemical type fire extinguisher must be provided if electric service is provided to the temporary tent. "NO SMOKING" signs must be posted as required by the City's Fire Marshal. 5. All electrical wiring and connections must comply with State electrical requirements. 6. Overhead electrical service or electrical extension cords are prohibited from any power source that extends across the parking /paved area of the Cub Food's site. 7. Advertising signage attached to the temporary tent is permitted. Free - standing signs or off - premise advertising are prohibited. 8. All the requirements imposed by the National Fire Protection Association 1124, 2003 Edition for retail sales of consumer fireworks must be complied with. 9. The minimum aisle width serving as a portion of the exit access in the temporary sales tent and all aisles accessible by the public must be a minimum of 48 inches wide. Dead -ended aisles are prohibited. 10. Discharging fireworks within 300 feet of the temporary tent is prohibited. 11. Sale of fireworks is permitted between the hours of 9:00 a.m. to 10:00 p.m. TNT Firework's employees must be on site during business hours and during non - business hours if there is no storage container to lock -up the merchandise. 12. The applicant must obtain a "Sale of Fireworks" license from the City Clerk's office prior to selling any consumer fireworks. Passed this 21st day of May, 2008. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE APRIL 25, 2011 PLANNING COMMISSION MEETING 6.2 TNT Fireworks at Cub Foods - Case ICUP11 -008 TNT Fireworks has applied for an interim conditional use permit to allow the retail sale of Minnesota - approved safe and sane fireworks in the Cub Foods parking lot at 8690 East Point Douglas Road South. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Treber opened the public hearing. Mark Anderson, stated that he is representing Chris Ulmer from TNT Fireworks. He is the youth pastor at Rose of Sharon Lutheran Church, 6875 Jamaica Avenue, and will be in charge of the tent. No one else spoke. Treber closed the public hearing. Rostad made a motion to recommend approval of the interim conditional use permit for TNT Fireworks, subject to the conditions listed below. Pearson seconded. 1. The Interim Conditional Use Permit is in effect sixteen days prior to July 4 and four days after July 4 for years 2011 through 2013. The interim conditional use permit application fee must still be paid to the City for each year. 2. A building permit for the 30 -foot by 50 -foot temporary sales tent must be issued by the City's Building Inspections Department before the temporary tent is erected. 3. No merchandise may be displayed outside the tent. 4. A portable multipurpose dry chemical type fire extinguisher must be provided if electric service is provided to the temporary tent. "NO SMOKING" signs must be posted as required by the City's Fire Marshal. 5. All electrical wiring and connections must comply with State electrical requirements. 6. Overhead electrical service or electrical extension cords are prohibited from any power source that extends across the parking /paved area of the Cub Food's site. 7. Advertising signage attached to the temporary tent is permitted. Free - standing signs or off - premise advertising are prohibited. Excerpt from Planning Commission Minutes 3M East Cove Environmental Assessment Worksheet — Case EAW11 -007 April 25, 2011 Page 2 of 2 8. All the requirements imposed by the National Fire Protection Association 1124, 2003 Edition for retail sales of consumer fireworks must be complied with. 9. The minimum aisle width serving as a portion of the exit access in the temporary sales tent and all aisles accessible by the public must be a minimum of 48 inches wide. Dead -ended aisles are prohibited. 10. Discharging fireworks within 300 feet of the temporary tent is prohibited. 11. Sale of fireworks is permitted between the hours of 9:00 a.m. to 10:00 p.m. TNT Firework's employees must be on site during business hours and during non - business hours if there is no storage container to lock -up the merchandise. 12. The applicant must obtain a "Sale of Fireworks" license from the City Clerk's office prior to selling any consumer fireworks. Motion passed unanimously (6 -to -0 vote).