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HomeMy WebLinkAbout2020-08-24 PACKET 06.1.STAFF REPORT CASE: ICUP2020-040 ITEM: 6.1 PUBLIC MEETING DATE: 8/24/20 TENTATIVE COUNCIL REVIEW DATE: 9/2/20 APPLICATION APPLICANT: Hy -Vee, Inc. REQUEST: An interim conditional use permit (ICUP) to allow temporary outdoor sales of seasonal/special products from a 20 -foot by 80 -foot tent in the northwest corner of the Hy -Vee parking lot. The temporary outdoor sales will be conducted from September 3, 2020, through October 31, 2020. 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: John M. Burbank, AICP, Senior Planner; 651-458-2825; iburbank(o-)-cottagegrovemn.gov Application Accepted:. 7/29/2020 60 -Day Review Deadline: 9/27/2020 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Outdoor Sales Tent — Hy -Vee Case No. ICUP2020-040 August 24, 2020 Proposal Hy -Vee, Inc. has applied for an interim conditional use permit (ICUP) to allow temporary outdoor sales of seasonal/special products from a 20 -foot by 80 -foot tent in the Hy -Vee parking lot at 7280 East Point Douglas Road South. The temporary outdoor sales will be conducted from September 3, 2020, through October 31, 2020. The applicant is requesting that the ICUP permit be granted for a one-year period. ri w" SOth Street S +' a V 4r .J Hy -Vee ' r 10 ©phi yam. �% 14 Location Map Review Process Application Received- July 29, 2020 Acceptance of Completed Application- July 29, 2020 Planning Commission Date- August 24th, 2020 Tentative City Council Date- September 2, 2020 60 -day Review Deadline- September 27, 2020 Planning Staff Report —Case No. ICUP2020-040 Hy -Vee Outdoor Sales Tent August 24, 2020 Page 2 of 4 Background Approval for the site redevelopment and construction of the Hy -Vee store and gas station occurred on June 20, 2016 (Resolution. 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. In 2020 an ICUP was granted to allow for firework sales from a 20 -foot by 40 -foot tent (Resolution 2020-083). To date, no issues have been identified with the garden center. Hy -Vee opted to not operate the fireworks sales this year. 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 zoning ordinance. The ordinance also allows the City to stipulate appropriate conditions. Approval of the ICUP as proposed has every indicator of meeting all these standards. Hours of Operation The planned hours of operation for the tent would be Thursday through Sunday from 10:00 a.m. to 7:00 p.m. Temporary Outdoor Sales Tent The 20 -foot by 80 -foot temporary tent is proposed to be located in the northwest corner of their parking lot. The operations will generate minimal vehicular traffic similar to the garden center operations on the site that allow for adequate parking for Hy -Vee customers and employee during business hours. A site plan of temporary structure placement is shown below: d# r TENT z� p. Hy -Vee P' Site Plan Planning Staff Report —Case No. ICUP2020-040 Hy -Vee Outdoor Sales Tent August 24, 2020 Page 3 of 4 Planned Sales According to the applicant, each week the Hy -Vee corporate ad will feature a tent sale theme. That theme schedule is detailed below. Each week, the tent merchandise will change to reflect the theme of the week. ➢ September 3 — Candy Carnival ➢ September 10 — Vikings ➢ September 17 — Farmers Market ➢ September 24 — Cereal Sale ➢ October 1 — Fall Festival ➢ October 8 — Beverage Sale (non-alcoholic) ➢ October 15 — Housewares Sale ➢ October 22 — Meat Truckload Sale ➢ October 29 — Halloween Public Hearing Notices The public hearing notice was published in the St. Paul Pioneer Press and mailed to 43 property owners within 500 feet of the Hy -Vee property on August 14, 2020. Technical Review Committee The Technical Review Committee (City staff representing all City Departments and advisory com- missions) reviewed Outdoor Sales ICUP application at their August 12, 2020, meeting. Based on the non -issues with the previous temporary sales operations, the Technical Review Committee recommended that the outdoor sales event be held in the same location as the previous temporary uses and be limited to one year. Recommendation That Planning Commission recommend to the City Council the approval of the application for an interim conditional use permit (ICUP) to allow temporary outdoor sales of seasonal/special prod- ucts from a 20 -foot by 80 -foot tent in the Hy -Vee parking lot at 7280 East Point Douglas Road South, subject to the following conditions: 1. The temporary outdoor sales will be permitted from September 3, 2020, through October 31, 2020. 2. The interim conditional use permit is granted for a one-time period, ending October 31, 2020. 3. A building permit for the 20 -foot by 80 -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 prior to use of the tent. Planning Staff Report —Case No. ICUP2020-040 Hy -Vee Outdoor Sales Tent August 24, 2020 Page 4 of 4 4. The temporary sales tent and all related merchandise must be removed by November 6, 2020. 5. Drive aisles on either side of the temporary tent and storage container must always be clear. 6. Merchandise displayed outside the tent is prohibited. 7. Two portable fire extinguishers are required if electric service is provided to the temporary tent, one of which needs to be a minimum of a 2.5 -gallon pressurized water type extin- guisher and one a multi-purpose dry chemical type extinguisher. "NO SMOKING" signs must be posted as required by the City's Fire Inspector. 8. All electrical wiring, connections, and temporary lighting fixtures must comply with State electrical requirements. 9. 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. 10. Advertising signage attached to the exterior of the temporary tent is permitted. Free-stand- ing signs, off -premise advertising, hand -carried signs, 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. 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: John M Burbank, AICP Senior Planner Attachments: — Response to ICUP Ordinance Criteria r Cottage Community Development Department Planning Division Grove 12800 Ravine Parkway South Telephone: 651-458-2827 V,,xwed yMeet Cottage Grove, MN 55016 Fax: 651-458-2897 ars Pr1aen www.cotta e rovemn. ov E -Mail: pLanninq@cottaggqfqypD2nM CONDITIONAL USE PERMIT / INTERIM CONDITIONAL USE PERMIT RESPONSE TO ORDINANCE CRITERIA 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. Ve 5 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? C. The use shiall not depreciate values of surrounding property. Explain effects of the proposed use on surrounding property values. Va Iye-5 W„ I I be U r &4te IeA� 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. /vm C �Lec+- 5 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. w: �\ 6, 6-6"e a,,6 4e a cR- 4-ra4'" G 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. NjA 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. w;1� hantit 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? K S I. The use shall cause minimal adverse environmental effects. List any effects. IVIA- 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. 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. Avgvsj- 01 q o, -DGS. 315", L. s" - 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? TSK�^ w,�� CaweE �awh cloy« �1D�GS w�l� 6e S;IIe� M. The use conforms to the zoning regulations. L.ZjYes No N. What is the time frame you intend on utilizing the Interim Conditional Use Permit? A 1 s a, 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? A4 qc� A—; Q a"" 1 t OS4-- P. The user agrees to any conditions that the governing body deems appropriate for permission of the use. Y5 App licant Name: A -C `S�"1��`„' Case