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Home My WebLink About2020-05-18 PACKET 06.2.STAFF REPORT CASE: ICUP2020-029 ITEM: 6.2 PUBLIC MEETING DATE: 5/18/20 TENTATIVE COUNCIL REVIEW DATE: 6/3/20 APPLICATION APPLICANT: TNT Fireworks REQUEST: An interim conditional use permit to allow the retail sale of Minnesota - approved fireworks in the Hy -Vee parking lot. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 7280 East Point Douglas Road South B-2, Retail Business Commercial LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Commercial Commercial EAST: Commercial Commercial 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 � here Pride and Prosperity Meet Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz(o-)_cottagegrovemn.gov Application Accepted:. 5/4/2020 60 -Day Review Deadline: 7/3/2020 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Temporary Fireworks Tent — Hy -Vee Case No. ICUP2020-029 May 18, 2020 Proposal TNT Fireworks has applied for an interim conditional use permit (ICUP) to allow temporary out- door sales of fireworks from a 20 -foot by 40 -foot tent in the northwest corner of the Hy -Vee park- ing lot at 7280 East Point Douglas Road South. The temporary outdoor sales will be conducted from June 18, 2020, through July 9, 2020. Hy -Vee has granted approval via a consent letter to erect the tent for temporary sales within their parking lot. The applicant is requesting that the ICUP permit be granted for a five-year period. Location Map Review Process Application Received- May 4, 2020 Acceptance of Completed Application- May 4, 2020 Planning Commission Date- May 18, 2020 Tentative City Council Date- June 3, 2020 60 -day Review Deadline- July 3, 2020 Background Approval for the site redevelopment and construction of the Hy -Vee store and gas station was approved June 20, 2016 (Res. No. 2016-121). The approval of the resolution included a request for an ICUP for a seasonal garden center. The garden center has been operational each year from April 1 to July 1 in the northwest corner of the site parking lot. The applicant has indicated the temporary tent for sale of fireworks would not be erected until such time the garden tent has been removed from the site. Planning Staff Report —Case No. ICUP2020-029 Hy -Vee TNT Fireworks — Temporary Fireworks Sales May 18, 2020 Page 2 of 4 Planning Considerations Compliance with Ordinance Requirements The ordinance lists seven general criteria that must be met to obtain approval of the ICUP. The criteria relate to impact on property, time certainty of the proposal, and conformity with the zon- ing 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 employees will operate the temporary fireworks sales from June 19 to July 6 and hours of operation will be from 8:00 a.m. to 10:00 p.m. The applicant has also proposed a stor- age container be on site located as indicated on the submitted site plan. The storage container is used specifically for storage of the merchandise for security purposes. Keeping the container on site allows for secure storage of the merchandise without the need for staff to remain on site during non -business hours. The proposed storage container is 8 feet by 20 feet and will be stored near the sales tent for the duration of the sales. This proposed set up is consistent with the temporary firework sales at other locations within the City. Temporary Outdoor Sales Tent The 20 -foot by 40 -foot temporary tent is proposed to be located in the northwest corner of the parking lot along with the 8 -foot by 20 -foot metal storage container. The operations will generate minimal vehicular traffic similar to the garden center operations on site that allow for adequate parking for Hy -Vee customers and employee parking during business hours. A site plan of temporary structure placement is shown below: Site Plan Planning Staff Report —Case No. ICUP2020-029 Hy -Vee TNT Fireworks — Temporary Fireworks Sales May 18, 2020 Page 3 of 4 The applicant has indicated the removal of the temporary garden center will take place prior to construction of the temporary sales tent for fireworks. No overlap in temporary activity will take place on the site. Public Hearing Notices The public hearing notice announcing this public hearing was published in the St. Paul Pioneer Press and mailed to 43 property owners within 500 feet of the HyVee property on May 6, 2020. Technical Review Committee The Technical Review Committee (City staff representing all City Departments and advisory commissions) reviewed TNT Fireworks' ICUP application at their May 13, 2020 meeting. 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 20 -foot metal storage container be placed in the north- west corner of the Hy -Vee parking lot at 7280 East Point Douglas Road, subject to the following conditions: 1. The interim conditional use permit is in effect seventeen days prior to July 4 and six days after July 4. The interim conditional use permit is granted for a five-year period, ending July 10, 2024. 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 can be erected in the location on the approved site plan. The building permit fee must be paid each year the temporary tent is proposed for the sale of fireworks. 3. All temporary garden center structures and materials must be removed prior to the instal- lation of a temporary tent and placement of a storage container for temporary firework sales. 4. Drive aisles on either side of the temporary tent and storage container must always be clear. 5. Merchandise displayed outside the tent is prohibited. 6. Two portable fire extinguishers are required if electric service is provided to the tempo- rary tent, one of which needs to be a minimum of a 2.5 -gallon pressurized water type ex- tinguisher and one a multi-purpose dry chemical type extinguisher. "NO SMOKING" signs must be posted as required by the City's Fire Inspector. 7. All electrical wiring, connections, and temporary lighting fixtures must comply with State electrical requirements. Planning Staff Report —Case No. ICUP2020-029 Hy -Vee TNT Fireworks — Temporary Fireworks Sales May 18, 2020 Page 4 of 4 8. Overhead electrical service or electrical extension cords are prohibited from any power source that extends across the parking/paved area of the Hy -Vee site. 9. 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 temporary sign permit is required for all the temporary signs prior to issuance of a building permit for tent installation. 10. All the requirements imposed by the National Fire Protection Association 1124, 2013 Edi- tion for retail sales of consumer fireworks must be complied with. 11. 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: Emily Schmitz Senior Planner Attachments: — Response to ICUP Ordinance Criteria — Purpose Statement — Site Layout — Hy -Vee Authorization Letter Cottage Community Development Department Planning Division Grove 12800 Ravine Parkway South Telephone: 651-458-2827 erity Meet Cottage Grove, MN 55016 Fax: 651-458-2897 4%,re Pride al,0(0 P www.cottagecirovemn.gov E -Mail: rlanninci a)cottageorovemn gov 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 CONFORM 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 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 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. 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. 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. 06.19.2020 - 07.06.2020 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. I ✓ IYes N. What is the time frame you intend on utilizing the Interim Conditional Use Permit? 06.19.2020 - 07.06.2020 0. 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 Applicant Name: TNT FIREWORKS Case Ea STATEMENT OF PURPOSE =REICBVED American Promotional Events dba TNT Fireworks is submitting for approval for the attached application. Location address: 7280 E Point Douglas Road S, Cottage Grove, MN 55016 The purpose is to sell Minnesota State approved fireworks in a temporary tent from, approximately, June 19`h 2020 - July 6`h 2020. The tent will be erected about three days prior to the sale and removed within two to five days of completion of the sale. The hours of operation will be from 8am-10pm, or as dictated by local location ordinances. There will be two fire extinguishers readily accessible. "No Smoking," age limit signs, as well as "No Discharging Fireworks within 300ft" signs will be posted and enforced. There will be a minimum of two people onsite at all times and the product will be secured 24/7 to ensure safety. If you have any questions, please do not hesitate to call me at 256-740-6158. Sincerely, t /' - - 14,(�4crr� Virginia Hightower Permitting Coordinator hightowerv@tntfireworks.com AMERICAN PROMOTIONAL EVENTS, INC. P.O. BOX 1318 • 4511 HELTON DRIVE • FLORENCE, AL 35630 PHONE (256) 764-6131 • FAX (205) 533-6043 www.tntfireworks.com FMN???? HY-VEE # 7280 E POINT DOUGLAS RD. S. COTTAGE GROVE, MN 55016 480 FT do STORAGE CONTAINER BX20 0 cr r Of/ TENT 2OX40 300 FT Ale 10 A Helpful Smile In Every Aisle March 31, 2020 Re: Hy -Vee #1090 7280 E Point Douglas Rd. S Cottage Grove, MN 55016 To Whom It May Concern: American Promotional Events, Inc. d/b/a TNT Fireworks is authorized to erect a tent on the above property for the purpose of conducting fireworks sales during the time frame of June 18", 2020 through and including July 9", 2020. It is TNT Fireworks responsibility to obtain any necessary permits, variances, and/or licenses. However, to the extent Hy-Vee's signature is required or any variance is necessary, TNT Fireworks will provide notice to Hy -Vee and Hy -Vee and TNT Fireworks will work together to obtain the necessary items. Thank you, Jeffrey Markey Senior Vice President