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Home My WebLink About2017-05-22 PACKET 07.1.STAFF REPORT CASE: ICUP17-012 ITEM: 7.1 PUBLIC MEETING DATE: 5/22/17 TENTATIVE COUNCIL REVIEW DATE: 6/7/17 APPLICATION APPLICANT: TNT Fireworks REQUEST: An interim conditional use permit to allow temporary outdoor sales of fireworks from a 30 -foot by 50 -foot tent in Cub Foods' parking lot. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 8690 East Point Douglas Road South B-2, Retail Business LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Residential Residential EAST: Residential Residential SOUTH: Commercial Commercial WEST: Commercial Commercial SIZE: N/A DENSITY: N/A RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION J efe pride and p,.,perity Meet Planning Staff Contact: John M. Burbank, Senior Planner, 651-458-2825, rove. org Application Accepted: 5/1/17 60 -Day Review Deadline: 6/29/17 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Temporary Fireworks Tent — Cub Foods Store Case No. ICUP2017-012 May 22, 2017 Proposal TNT Fireworks has applied for an interim conditional use permit to allow temporary outdoor sales of fireworks from a 30 -foot by 40 -foot tent in Cub Foods' parking lot at 8690 East Point Douglas Road. The temporary outdoor sales will be from June 19, 2017, to July 5, 2017. Cub Foods has granted the applicant consent to erect the temporary tent in their parking lot. A copy of the appli- cant's site plan is attached. 90TH S Location Map Review Process Application Received: May 1, 2017 Acceptance of Completed Application: May 1, 2017 Tentative City Council Date: June 7, 2017 60 -Day Review Deadline: June 29, 2017 Planning Staff Report — Case No. ICUP2017-012 Cub Fireworks — Temporary Fireworks Sales May 22, 2017 Page 2 of 5 Background On June 6, 2007, TNT Fireworks initially received City Council approval of an interim conditional use permit for a one-year period to display and sell fireworks from the Cub Foods' parking lot (Resolution No. 07-096). This permit was utilized without any incident. In 2008, TNT Fireworks again applied for an interim conditional use permit to continue their temporary sales of fireworks at the same Cub Foods' parking lot location. The City Council ap- proved this interim 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 approval allowed the interim conditional use permit to be active for a three-year period. This permit was utilized without any incident. In 2011, TNT Fireworks again applied for an interim conditional use permit to continue their temporary sales of fireworks at the same Cub Foods' parking lot location. The City Council ap- proved this interim conditional use permit on May 18, 2011 (Resolution No. 11-056). Because the tent location and temporary fireworks sales has not posed any safety issues or cause any parking problems for customers or employees since 2007, approval of the new application was granted for a three-year period expiring July 6, 2013. This permit was utilized without any incident. In 2014, TNT Fireworks again applied for an interim conditional use permit to continue their temporary sales of fireworks at the same Cub Foods' parking lot location. The City Council ap- proved this interim conditional use permit on May 18, 2014 (Resolution No. 2014-041). Because the tent location and temporary fireworks sales have not posed any safety issues or caused any parking problems for customers or employees since 2007, approval of the new application was granted for a three-year period expiring July 5, 2016. This permit was utilized without any incident. 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 conformity with the zoning ordinance. The ordinance also allows the city to stipulate appropriate conditions. The applicant's response to the ordinance criteria is attached. Fireworks Operation TNT Fireworks and representatives from the Rose of Sharon Church will operate the temporary outdoor fireworks sales from June 19 through July 5 from 9:00 a.m. to 10:00 p.m. Set-up will begin on June 19, and the tent and merchandise will be removed before July 9, 2017. A mini- mum of two Rose of Sharon Church members will staff the site during business and non- business hours. The non -business hours is for security reasons. These employees are permitted to use Cub Foods' restroom facilities since the store is open during night-time hours. A copy of their fireworks product list is attached. Planning Staff Report —Case No. ICUP2017-012 Cub Fireworks — Temporary Fireworks Sales May 22, 2017 Page 3 of 5 Temporary Outdoor Sales Tent The 30 -foot by 40 -foot temporary tent is proposed to be located in the southwest corner of Cub Foods' parking lot, the same location where the temporary greenhouse is currently located. In pre- vious years, the tent size was 30 feet by 50 feet. The interim conditional use permit for the tempo- rary greenhouse is allowed from April 1 to July 1, but it is anticipated that the greenhouse will be dismantled by June 19, 2017. Parking for Cub Foods' and TNT customers and employees will be adequate during business hours. An aerial photo of Cub Foods' property and an illustration for the tent floor plan are shown below: 71 Aerial Photo Typical Tent Floor Plan Planning Staff Report — Case No. ICUP2017-012 Cub Fireworks — Temporary Fireworks Sales May 22, 2017 Page 4 of 5 Public Hearing Notices Public hearing notices were mailed to 110 property owners who are within 500 feet of the Cub Foods property. These notices were mailed on May 10, 2017, The notice was published in the South Washington County Bulletin on May 10, 2017. City's Technical Review Committee The Technical Review Committee (City staff representing all City Departments and advisory commissions) reviewed TNT Fireworks' ICUP application. City staff reported that they have no concerns about the applicant's proposed temporary fireworks sales, and there have not been any problems in previous years. Recommendation That the Planning Commission recommend to the City Council the approval of TNT Fireworks' interim conditional use permit application allowing one temporary structure (tent) of up to 30 -foot by 50 -foot in size to be placed in the southwest corner of the property located at 8690 East Point Douglas Road, subject to the following conditions: The interim conditional use permit is in effect sixteen days prior to July 4 and four days after July 4 for years 2017 through 2021. The interim conditional use permit application fee must still be paid to the City for each year fireworks are proposed to be sold from a tent in the southwest corner of Cub Foods parking lot. 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. Merchandise displayed outside the tent is prohibited. 4. A portable multipurpose dry chemical type fire extinguisher must be provided if electric ser- vice is provided to the temporary tent. "NO SMOKING" signs must be posted as required by the City's Fire Marshal. 5. All electrical wiring, connections, and temporary lighting fixtures 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 exterior of the temporary tent is permitted. Free-standing signs, off -premise advertising, hand -carried, flags, costume signs, and/or inflatable signs are prohibited outside the temporary tent. No more than one 3 -foot by 5 -foot and one 3 -foot by 10 -foot banner sign may be attached to each of the four exterior walls of the temporary tent. A building permit is required for all the temporary signs. 8. All the requirements imposed by the National Fire Protection Association 1124, 2003 Edition for retail sales of consumer fireworks must be complied with. Planning Staff Report — Case No. ICUP2017-012 Cub Fireworks — Temporary Fireworks Sales May 22, 2017 Page 5 of 5 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 for secu- rity reasons. Prepared by: John Burbank, AICP, Senior Planner, Senior Planner Nathan Estrem, P.E., Project Engineer Attachments: Site Plan Applicant's Response to Ordinance Criteria sopjs moa pe uo suds'duplows oK 7 O A J C O H €b N 0 Y C L O O n L LL 3 � u � U) O Q O L a F u 14 N c�1i �( j ~ ( pr L �T 0 aaegh?jp01i f 9f%R c'6 I 0 IN !�\hPJ/.�GP��y. '41 of T1 k P r,. Cottage Grove Community Development Department Planning Division q VIP 12800 Ravine Parkway South Telephone: 851-456-2827 Cottage Grove, MN 55018 Fax: 651458-2897 www.cottaae-orove.om E -Mail: nlanningCa-,cottaae-arove.om CONDITIONAL USE PERMIT/INTERIM CONDITIONAL USE PERMIT RESPONSE TO ORDINANCE CRITERIA In: order to aid in thc. rt3vit3w pro..cess, please give a DETAILED response to the following; ordinahca criteria o� fids: form or orti e�iarat$ e�ifilbits: Your ability to meet the criteria Is what the �'Iennirtg Gommisslon/Glty Cot1rlclj �lfs required; in;pari; to base itht3ir review; so be specific. A. Will the use be in conformity with the City's Comprehensive Plan and with the purpose, intent, and applicable standards of the Zoning Ordinance? EXPLAIN. STAND/TENT WILL CONFIRM TO ALL APPLICABLE STANDARDS OF ZONING ORDINANCE. B. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. How does the proposed use fit these criteria? TEMPORARY TENT/STAND WILL BE LOCATED IN PARKING LOT. C. The use shall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. THE STRUCTURE WILL NOT DEPRECIATE VALUES OF SURROUNDING PROPERTY. D. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution vibration, general unsightliness or other nuisances. Explain effects of proposed use. STRUCTURE WILL NOT BE HAZARDOUS, DETRIMENTAL OR DISTURBING TO PRESENT AND POTENTIAL SURROUNDING LAND. E. The use shall generate only minimal vehicular traffic on local streets as defined by the Transportation Element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access, or parking needs that will cause inconveniences to the adjoining properties. Explain the transportation needs for the proposed use. STRUCTURE WILL ONLY GENERATE MINIMAL VEHICULAR TRAFFIC. F. The use shall be served adequately by essential public services such as streets, police, fire protection and utilities. Explain how the proposed use will be served. STRUCTURE WILL NOT BLOCK STREETS, POLICE, FIRE PROTECTION, OR UTILITIES G. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. Justify this statement. NO. NO ADDITIONAL REQUIREMENTS AT PUBLIC COST FOR PUBLIC FACILITIES AND SERVICES. H. The use shall preserve and incorporate the site's important natural and scenic features into the development of adjacent vacant land. Will these criteria be met? YES. 1. The use shall cause minimal adverse environmental effects. List any effects. NO ADVERSE ENVIROMENTAL EFFECTS. Applicant Name: TNT FIREWORKS Case #: Response to CUPACUP Criteria Page 2 of 2 J. The use shall not adversely affect the potential development of adjacent vacant land. List any potential problems. STRUCTURE WILL NOT ADVERSELY AFFECT THE POTEMTIAL DEVELOPMENT OF ADJACENT VACANT LAND. Iri addition; to the general ;criteria forCondltiohal Use Permits, the folk wing add(tianal r.equirements;apPl i to aritert ;Corjtlitioi�aP Use 'Pei`mitsa K. The period(s) of time for which the Interim Conditional Use Permit is to be granted will terminate before any adverse effects are felt upon adjacent property. 06/20/2017-07/05/2017 L. There shall be adequate assurance that the property will be left in suitable condition after the use is terminated. What measures are you intending to take to return the property to a suitable condition? WE SHALL MAKE SURE ALL TRASH IS DISPOSED OF AND CLEAN UP ANY ITEMS THAT WERE NOT THERE BEFORE. M. The use conforms to the zoning regulations. _Yes No N. What is the time frame you intend on utilizing the Interim Conditional Use Permit? 06/20/2017-07/05/2017 O. Permission of the use will not impose additional costs on the public. Are any additional public safety or public works personnel required? How do you intend to reimburse the City? NO. P. The user agrees to any conditions that the goveming body deems appropriate for permission of the use. YES. Applicant Name: TNT FIREWORKS Case #: