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Home My WebLink About2018-05-29 PACKET 06.1.STAFF REPORT CASE: ICUP2018-032 ITEM: 6.1 PUBLIC MEETING DATE: 5/29/18 TENTATIVE COUNCIL REVIEW DATE: 6/6/18 APPLICATION APPLICANT: TNT Fireworks REQUEST: An interim conditional use permit to allow the retail sale of Minnesota - approved fireworks in the Walmart parking lot. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 9300 East Point Douglas Road South B-2, Retail Business Commercial LAND USE OF ADJACENT PROPERTIES: CURRENT NORTH: Residential EAST: Highway 61 SOUTH: Vacant WEST: Commercial SIZE: N/A DENSITY: N/A RECOMMENDATION GUIDED Low Density Residential Highway 61 Commercial Commercial Approval, subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: Max Pattsner, Planning Intern; 651-458-2898; mpattsner(a�cottagegrovemn.gov John McCool, Senior Planner; 651-458-2874; imccool _cottagegrovemn.gov Application Accepted:. 4/25/2018 60 -Day Review Deadline: 6/24/2018 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Temporary Fireworks Tent — Walmart Case No. ICUP2018-032 May 29, 2018 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 at the southern edge of the Walmart parking lot at 9300 East Point Douglas Road. The temporary outdoor sales will be from June 15, 2018, to July 31, 2018. Walmart has granted the applicant consent to erect a tent in their parking lot. The applicant is requesting that the interim conditional use permit be granted for a five-year period. Location Map Review Process Application Received: April 25, 2018 Acceptance of Completed Application: April 25, 2018 Tentative City Council Date: June 6, 2018 60 -day Review Deadline: June 24, 2018 Background On April 27, 2015, Walmart received City Council approval of an interim conditional use permit to conduct outdoor seasonal sales of landscaping materials and plants, including the use of a Planning Staff Report — Case No. ICUP2018-032 Walmart TNT Fireworks — Temporary Fireworks Sales May 29, 2018 Page 2 of 4 hoop greenhouse, in the northwest corner of their parking lot (Planning Case ICUP2015-010). Approval was granted for a five-year period expiring on July 1, 2019. If approved, the TNT fire- works tent will be operating concurrently with the garden center. The garden center has not had a negative effect on the store's parking operation in the past, and it is not anticipated that the fireworks tent would have an impact due to the abundant number of parking spaces on the site. Planning Considerations Compliance with Ordinance Requirements The ordinance lists seven general criteria that must be met to obtain approval of the interim con- ditional 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. Approval of the proposed ICUP for the outdoor sale of fireworks generally meets all these standards. Fireworks Operation TNT Fireworks and representatives from the Rose of Sharon Lutheran Church will operate the will operate the temporary fireworks sales from June 22 through July 5 from 9:00 am to 10:00 pm. Set-up will take place from June 18-20, fireworks will be delivered on June 21, and the tent and merchandise will be removed on or before July 10, 2018. Between two and six Rose of Sharon Church members will staff the site during business hours. The site will not be staffed during non -business hours, during which merchandise and equipment will be locked in a metal storage container on site. Employees are permitted to use Walmart's restroom facilities during hours of operation. A copy of their fireworks product list is attached. Temporary Outdoor Sales Tent The 20 -foot by 40 -foot temporary tent is proposed to be located on the south edge of the Walmart parking lot near a pedestrian walkway. An 8 -foot by 15 -foot metal storage container will also be placed on the site to store fireworks merchandise. The structure will generate minimal vehicular traffic, and customer and employee parking for both TNT and Walmart will be ade- quate during business hours. An aerial photo of the Walmart property is shown below: Aerial Photo qd I I Eli r ........ - Tent Floor Plan Planning Staff Report —Case No. ICUP2018-032 Walmart TNT Fireworks — Temporary Fireworks Sales May 29, 2018 Page 3 of 4 Public Hearing Notices The public hearing notice announcing this public hearing was published in the South Washing- ton County Bulletin and mailed to 70 property owners within 500 feet of the Walmart's property on May 16, 2018. Technical Review Committee The Technical Review Committee (City staff representing all City Departments and advisory commissions) reviewed TNT Fireworks' ICUP application. The Fire Department reported that they have no concerns about the applicant's proposed temporary fireworks sales. No other staff reported concerns about the proposal. Recommendation That Planning Commission recommend to the City Council the approval of the application from TNT Fireworks for an interim conditional use permit for a five-year period to allow one temporary 20 -foot by 40 -foot tent and one 8 -foot by 15 -foot metal storage container be placed on the south edge of Walmart's property at 9300 East Point Douglas Road, subject to the following con- ditions: 1. The interim conditional use permit is in effect seventeen days prior to July 4 and six days after July 4 for 2018. The interim conditional use permit is granted for a five-year period, ending July 10, 2022. The interim conditional use permit fee must be paid to the City each year that a temporary tent is proposed for the sale of fireworks. 2. A building permit for the 20 -foot by 40 -foot temporary sales tent must be issued by the City's Building Division before the temporary tent is erected. The building permit and building permit fee must be paid each year the temporary tent is proposed for the sale of fireworks. 3. Merchandise displayed outside the tent is prohibited. 4. A portable multipurpose dry chemical type fire extinguisher is required 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, 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 Walmart 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 inflat- able 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. Planning Staff Report —Case No. ICUP2018-032 Walmart TNT Fireworks — Temporary Fireworks Sales May 29, 2018 Page 4 of 4 8. All the requirements imposed by the National Fire Protection Association 1124, 2015 Edi- tion for retail sales of consumer fireworks must be complied with. 9. The 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. Prepared by: Max Pattsner Planning Intern Attachments: — Response to ICUP Ordinance Criteria — Site Layout — Fireworks Product List Cottage Grove Community Development Department Planning Division Pnde andpjDS�rity Meet* �� 12800 Ravine Parkway South Telephone: 651-458-2827 Cottage Grove, MN 55016 Fax: 651-458-2897 www.cottage-grove.org E -Mail: planning(a)cottage-grove, org CONDITIONAL USE PERMIT/INTERIM CONDITIONAL USE PERMIT RESPONSE TO ORDINANCE CRITERIA In order to aid in the review process, please give a DETAILED response to the following ordinance criteria on this form or on separate exhibits. Your ability to meet the criteria is what the Planning Commission/City Council is required, in part, to base their 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 DISTRUBING 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 STREET, 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. I. The use shall cause minimal adverse environmental effects. List any effects. NO ADVERSE ENVIROMENTAL EFFECTS. Applicant Name: TNT FIREWORKS Case Response to CUP/ICUP 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 POTENTIAL DEVELOPMENT OF ADJACENT VACANT LAND. In addition to the general criteria for Conditional Use Permits, the following additional requirements apply to Interim Conditional Use Permits: 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. 06.20.2018 - 07.05.2018 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? 06.20.2018 - 07.05.2018 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 governing body deems appropriate for permission of the use. YES L -- Applicant Name: TN7 Fwetx->0 \r l s Case TNT FIREWORKS - PRODUCT LIST ITEM # ITEM NAME # OF CASES 101040 AMERICAN PRIDE SS GIVEAWAY 1 101808 TNT BIG TIMER SS J09 2 101933 PARTY PAK SS USA J09 1 102044 GOOD TIME BAG SS COM 1 102046 PYRO PAK BAG SS COM J10 1 102048 INDEPENDENCE TRAY SS COM J10 1 102052 49'ER SS COM J10 10 102054 ALL AMERICAN SS COM J10 3 102056 PERFECT SHOW SS COM J10 3 102201 HOT ZONE SS COM 1 190114 GRAB BAG SPECIAL SS SM 3 190115 GRAB BAG SPECIAL SS LG 3 200165 JUMBO 20 ROCKET FOUNTAIN 1 200275 SONIC BOOM FOUNTAIN 1 200352 STARS & STRIPES FOUNTAIN 2 200740A LIGHT THE NIGHT J10 1 200792 CASCADING WATERFALL J08 1 200863 CAROUSEL J11 1 200910 PATRIOT 3 PAK WOW 2 200917 JUMBO PURPLE RAIN J11 1 201034 SHOW ME THE MONEY 1 201067A BUG OUT SINGLES J17 WOW 1 201086 INTO THE NIGHT 2 201087 MAKE THE GRADE 1 201092 NEON GALAXY 6 201138 MAGNETIC HEAT 2 201141 ZOMBIE APOCALYPSE J15 1 201142 SPARKNADO 1 201147 LEAVE NO DOUBT 1 201157 DON'T YOU WISH 1 201170 INDEPENDENCE J16 2 201172 BROADWAY SHOW 1 201173 OPTICAL ILLUSION 1 201179 MUSEUM AFTER DARK 3 201204 ALLEGIANCE 1 201207 COOL BREEZE 1 201208 DANCING LIGHTS 1 201209 POWER ON 1 201210 ELECTROLYTES 1 201212 WILD TURKEY 1 201213 TASMANIAN CYCLONE 1 201214 WIZARD ALLEY 1 201221 ZOMBIE RUSH J17 1 230009 JUMBO CALIFORNIA CANDLE 1 290067 CRAZY EYE BALLS 1 290142 GROUND BLOOM FLOWER PK 6 J07 2 320536 POP -IT'S TNT 3 351036 SMOKE BALLS ASST'D TNT J07 1 380069 MORNING GLORY TNT #10 1 380088 36 IN MORNING GLORY BAG OF 6 2 380238 #10 GOLD SPARKLER J09 2 380246 MORNING GLORY TORCH 14 IN J09 2 390014 PUNK JUMBO J07 1 673559 COUNTER CASE J17 SMOKE 1 730051 BAG TNT SMALL 500 EA 1 730058 BAG TNT LARGE - 500 EA 1 730148 WATER CAN EXTINGUISHER 1 730329 FIRE EXTINGUISHER 10LBCHEMICAL 1 730470 SIGN ROCKET FLAGGER J10 2 730471 ISIGN ROAD ROCKET J10 2