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�EETfNG ITENI #
OATE 8/99/98 _�. /�
PREPAf2E� 3Y Cammunity Development Kim Lindquist
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Approve the resalution approving an amended interim conditi�nal use permit 4o expand a
seasonal greenhouse and to operate an outdoor food s4and on Fridays, Saturdays, and
Sundays in the spring, summer, and fall.
BUDGET IIVIPLICATION N/A
BUDGETED AMOUNT
ADVISORY COMMISSfON ACTION
DATE
� PLANNING 7/24J98
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECOM1IOMIC DEV. AUTHORITY
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SUPPORTING DOCUMENTS
REVIEWED
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ACTUALAMOUNT
APPROVED
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DENIED
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OTHER: 1) Excerpt from unapproved minutes of the July 27, 1998, Planning Cammission
Meeting
2) Staff report and exhibits
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City Administratar �ate
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MEMORANDUM
T0: Honorabie Mayor and City Council
Ryan Schroeder, City Administrator
FROM: Ben Martig, Community Development Assistant
DATE: August 12, 1998
RE: Cub Foods Interim Conditional Use Permit Application
INTRODUCTION
Cub Foods has applied for an amendment to their Interim Conditionai Use Permit to
expand a seasonal greenhouse and to operate an outdoor food stand on Fridays,
Saturdays, and Sundays in the spring, summer, and fall.
On July 27, 1998, the Planning Commission recommended approval of the amended
Interim Conditional Use Permit.
BACKGROUND
Cub Foods appiied for an Interim Conditional Use Permit in 1992 for purposes of installing
an aluminum can recycling bank and seasonal greenhouse on their property. The City
Council approved the instailation of the aluminum can recyciing bank for a six-month trial
basis, but the machine was never installed on the property. The Planning Commission
and City Council did approve the temporary greenhouse use on the property for a five-year
period.
In 1997, Cub Foods renewed their interim Conditional Use Permit to operate a seasonal
greenhouse, park a trailer for aluminum can recycling, and operate an outdoor food stand
one time per year in conjunction with Multiple Sclerosis Awareness Week.
DISCUSSION
TemporaryFood Sfand
Gub Foods currently has a one-time per year outdoor food stand that includes some
outdoor seating. The applicant has requested that they be able to operate the food stand at
any time during the spring, summer and fall on Fridays, Saturdays, and Sundays. During
the July 27 Planning Commission meeting, the applicant stated that the food stand wili
primarily be used for fundraisers of charitable organizations, inciuding Walk America,
muitiple sclerosis, United Way, rehabilitation for ex-convicts, etc.
Staff's recommendation to the Planning Commission was to limit the operation of the food
stand to no more than two weekends (Friday through Sunday) per month between April 1
and October 1. The Planning Commission feit that the food stand should be allowed to
operate as often as they wish on Fridays, Saturdays, and Sundays between April 1 and
October 1. The recommended conditions for the Interim Conditional Use Permit have been
changed to reflect their request.
Discussion of the duration of operation raises the issue of consistency with other sections
of the municipai code. Specificaily, licensing of temporary sales is limited to 60 consecutive
days. The proposal as recommended by the staff and Planning Commission would be
inconsistent with this standard. Staff is suggesting that in the event a property owner
obtains an interim conditional use permit, compliance with the approved conditions negates
the need to also obtain a temporary sales license. In staff's opinion, the CUP permits the
City to properiy regulate the sales activity and no new standards would be imposed due to
City licensing.
Seasona/ Greenhouse
The applicant proposes to continue operating the seasonal greenhouse and to expand it as
depicted in "Exhibit A" of the Cub Foods Planning Commission report for July 27, 1998.
The entire proposed greenhouse site is a totai of 10,873 square feet. The City Code
requires 54 parking spaces for this type of use. With the loss of parking due to the
expansion of the greenhouse, Cub Foods would be 27 parking spaces short of the City
minimum requirements. Staff is recommending that a provision be added to allow staff to
amend the Interim Conditionai Use Permit if a parking shortage is created by the
greenhouse.
The proposed use of an outdoor food stand and expansion of the outdoor seasonal
greenhouse meet the standards for interim conditional uses, subject to the conditions
stipulated in staff's recommendations.
1:7�i�ildrld�l��U7�i�L�l�l
Approve the draft resolution.
RESOLUTION 98-XXX
RESOLUTION APPROVING AN AMENDED INTERIM CONDITIONAL USE PERMIT TO
EXPAND A SEASONAL GREENHOUSE AND TO OPERATE AN OUTDOOR FOOD STAND
ON FRIDAYS, SATURDAYS, AND SUNDAYS IN THE SPRING, SUMMER, AND FALL.
WHEREAS, Cub Foods has submitted an appiication for an amendment to their
Conditional Use Permit for a seasonal greenhouse and temporary food stand; and
WHEREAS, the Cub Foods property is legally described as:
Cottage Grove Commercial 3rd Addition, Lot 2, Block 1, Parcel 1
Commonly described as 8690 East Point Douglas Road, Cottage Grove, Minnesota.
WHEREAS, the Pianning Commission of the City of Cottage Grove held a public
hearing and reviewed the application at their meeting on July 24, 1998; and
WHEREAS, testimony by a Cub Foods representative was received and entered into
the pubiic record; and
WHEREAS, the Planning Commission unanimousiy recommended that the application
be approved, subject to conditions; and
NOW, THEREFORE, BE IT RESOLVED, by the City CounciP of the City of Cottage
Grove, Washington County, Minnesota, that the Conditional Use Permit proposed by Cub
Foods to allow the temporary use of a greenhouse and food stand shall be approved, subject
to the foliowing conditions:
1. The amended Interim Conditional Use Permit shall e�cpire on October 2, 2003.
Temporary Oufdoor Food Sfand
2. The temporary food stand shali be allowed to operate between April 1 and October 1 on
Fridays, Saturdays, and Sundays. All equipment such as grills, tables, fencing, and trash
Res. No. 98-XXX
Page 2
2. The temporary food stand shall be allowed to operate between April 1 and October 1 on
Fridays, Saturdays, and Sundays. Ail equipment such as grilis, tables, fencing, and trash
receptacles used for the operation of the food stand may not be established until Friday
morning and must be removed by each Monday morning. If the food stand is not in
operation on a weekend, it must be removed.
3. The food stand shall comply with ali rules imposed by the Minnesota Department of
Agriculture.
4. If a temporary tent is used for the food stand, Cub Foods shall obtain from the City a building
permit before erecting the tent. The tent structure shall be of a fire retardant materiai.
5. The temporary tent or mobile trailer for the food stand shall not extend beyond the concrete
sidewalk along the front of the store nor obstruct motorist's view of the "STOP" signs that are
posted near the store's doorv�+ays.
6. A five-pound ABC-rated fire extinguisher shall be stored in the mobile trailer/tent structure.
7. All electricai connections shall be in compliance with state electrical requirements.
8. Overhead electrical service or electrical extension cords are prohibited from any power
source within the parking lot to the greenhouse or food stand.
9. A minimum of two (2) trash receptacles shall be piaced next to the food stand.
10. A temporary fence or barrier shall be installed between the designated outdoor seating/food
stand and the access drive for motor vehicles. This fencing or barrier shall not encroach on
the access drive.
Seasona/ Greenhouse
11. A buiiding permit for the seasonal greenhouse shall be issued by the City before the
temporary structure is erected. A building permit is required for each year the seasonal
greenhouse is used on the property.
12. The seasonal greenhouse shall setback a minimum of 20 feet from the property line along
East Point Douglas Road and 20 feet from the back of the curb for that portion of private
drive providing access into Cub Foods parking lot.
13. The seasonal greenhouse and outdoor display and sale of nursery products and
merchandise shall be aliowed between Aprii 1 and July 1 and located in the southwest corner
of Cub Foods southern most parking lot.
14.A1i landscaped materials and fencing are prohibited on the grass area of the boulevard nor
may they encroach into the drive aisles of the parking lot outside of the designated area.
Res. No. 98-XXX
Page 3
Passed this 19` day of August, 1998.
John D. Denzer, Mayor
Attest:
Caron M. Stransky, City Clerk
EXCERPT FROM UNAPPROVED MINUTES OF THE JULY 24, 1998,
PLANNING COMMISSION MEETING
Case CUP 98-22
Cub Foods, 8690 East Point Douglas Road, has apptied to amend their
conditional use permit to allow a temporary greenhouse, a trailer for aluminum
can recycling, and an occasional outdoor food stand.
Martig summarized the staff report noting that Cub Foods is dropping the aluminum
can recycling request from their appiication. He recommended approval contingent
on the conditions listed in the staff report. He further clarified that staff is
recommending that the food stand be aliowed to operate twice a month on Fridays,
Saturdays, and Sundays from April 1 through October 1, which is a clarification of
condition #2 in the staff report.
Podoii asked if Cub Foods had screened the mechanical structures on the top of
their building. Martig answered that they had.
Kleven asked about the wording of condition #2 regarding the times that the food
stand could operate. Martig clarified that it would read, "The temporary food stand
shail be allowed to operate no more than two weekends (Friday through Sunday) per
month between April 1 and October 1." That means that tnere would be two total
weekends per month. If a food stand operates only on Friday, fhat would count as
one weekend.
Kleven then inquired about condition #10, asking if it applied to a health department
requirement and why the city was requiring Cub Foods to put up a temporary fence.
Lindquist responded that the request for temporary fencing was to delineate the area
so peopie did not block the front fire lane. Boyden asked what type of fencing was
required. Lindquist stated that cordoning off the area would suffice.
Kieven asked if the food stand operation consisted of a for-profit enterprise For Cub
or their subcontractor and would the proposed limitation on sales activity affect
fundraising efforts by various sports teams and other entities. He further asked if
this would affect the activities of TCF Bank. Lindquist responded that, whether for-
profit or non-profit, the property owner is responsible and is therefore associated
with the use.
Rice asked what the difference is between the application for the food stand and the
current sales of hot dogs every weekend outside the front entrance, Lindquist
answered that they are same.
Boyden asked if Cub was aware that if another organization ran a food stand that it
wouid count against their days. Martig answered that they were.
Excerpt from Unapproved Minutes of the
July 24, 1998, Pianning Commission Meeting
Page 2
Brown asked if condition #3 should read Washington County Health Department
rather than Oepartment of Agriculture.
Auge opened the public hearing.
Patty Garvey, Cub Foods Assistant Store Manager, stated that Cub Foods accepts
all the recommendations; however, she asked the Planning Commission to
reconsider the amount of time that they could set up food stands. She stated that
the events that they host are mostly done for charitable organizations, including
Walk America, multiple sclerosis, United Way, rehabilitation for ex-convicts, etc.
There is very little room inside the building that could accommodate these events.
She requested that they be allowed to hold events every weekend during the
recommended time frame. She reiterated that most events were for non-profit
organizations and that most of the profits from the Cub-sponsored events covered
labor and product costs.
Auge asked Garvey if she was aware that other organizations hosting food stands at
Cub are covered under Cub's conditional use permit. Garvey stated that she
understood. She asked if organizations could just set up a food stand, or if they
needed Cub's permission. It was answered that Cub needed to give approval.
Auge asked if anyone e/se wished to address the Planning Commission.
Being none, the public hearing was c/osed.
Podoll asked if the city reguiates the Linn Companies hot dog stands around their
stores and the Von Hanson's barbecue stand. Lindquist responded that this is an
issue that needs to be resolved by the Council. After taiking with the City Clerk,
staff's preference is to control on-going temporary sales through public process so
conditions can be set. Podoll then asked if there was an ordinance against setting
up food stands. He wondered what wouid stop Cub from setting up food stands
every weekend rather than going through the City review process if other people are
able to do so without going through the same process. He stated that is something
that needs to be addressed.
Auge asked if the licensing provisions allow different ways to operate than would be
taken up under the conditional use permit. Lindquist explained that the licensing
requirements are more stringent and the temporary sales period is si�y consecutive
days in a calendar year. Staff was unaware of that standard when they laid out the
Cub proposai for twice a month for five months. Staff's perspective is that it makes
more sense to spread it out rather than encourage continuous use because there
are potential concerns of the stand becoming a permanent use.
Kleven made a motion to approve the conditional use permit subject fo the
conditions Jisted in fhe staff report with condition #2 changed to allow them to
Excerpt from Unapproved Minutes of the
July 24, 1998, Planning Commission Meeting
Page 3
operate every weekend (Fridays, Saturdays, Sundays) between April 1 and
October 1. Podol! seconded.
Boyden asked if the Commission would consider changing condition #2 to read 16
times rather than 12 times, instead of allowing unlimited use. It was clarified that the
motion stated only on weekends, not every day. Lindquist stated that a concern is
that Cub may not remove their equipment between events and it would become a
permanent fixture outside the store. If the Commission decided that Cub could hold
events every weekend, then it should be ciear that the equipment must be removed
on the off-days. Kleven stated that this condition should be added.
1. The amended lnterim Conditional Use Permif sha/i expire on October 2,
2003.
Outdoor Food Stand
2. The temporary food stand sha// be altowed to operate befween Aprii 9 and
October 1 on Fridays, Saturdays, or Sundays. All equipment such as
grills, tab/es, fencing, and trash receptacles used for the opeiation of fhe
food sfand may nof be established unfil Friday morning and must be
removed by each Monday morning. if fhe food stand is not in operation
on a weekend, it must be removed.
3. The food stand sha// comply with al! rutes imposed by Washington
County's Health Department..
4. If a temporary tent is used for the food stand, Cub Foods shall obfain from
the City a building permit before erecting the tent. The tent structure shall
be of a fire refardant material.
5. The femporary fent or mobile trailer for the food stand shall not e�end
beyond the concrete sidewalk along the front of the store nor odstruct
motorist's view of fhe "STOP" signs that are posted near fhe store's
doorways.
6. A five-pound ABGrated fire extinguisher shall be stored in the mobile
trailer/tent structure.
7. All electrical connections shail be in compliance with state electrical
requirements.
8. Overhead electrical seavice or elect�ical exfension cords are prohibifed
from any power source within the parking !of to fhe greenhouse or food
stand.
Excerpt from Unapproved Minutes of the
July 24, 1998, Planning Commission Meeting
Page 4
9. A minimum of two (2) trash receptacles sha/I be placed next fo the food
stand.
10.A temporary fence shall be insfalled befween the designafed oufdoos
seating/food stand and the access drive for motor vehic%s. This fencing
shalt not encroach on the access drive.
Temporarv Greenhouse
11. A building permit for the temporary greenhouse shal! be issued by fhe
City before the temporary structure is erected. A building permit is
required for each year the temporary greenhouse is used on the property.
12. The temporary greenhouse shal! setback a minimum of 20 feet from the
property line along East Point Douglas Road and 20 feet from the back of
the curb for that portion of private drive providing access into Cub Foods
parking lot.
13. The temporary greenhouse and outdoor display and sa/e of nursery
products and merchandise shail be allowed between April 1 and July 1
and located in fhe southwest comer of Cub Foods southern most parking
lot. Christmas tree sa/es are permitted af the designated greenhouse site
and for fhe period between Thanksgiving and Christmas.
14. AI! landscaped materials and fencing are prohibited on fhe grass area of
the boulevard nor may they encroach info the drive ais/es of the parking
lot outside of the designated area.
15. !f the city determines that there is a parking shortage due to the temporary
g�eenhouse, the city may make amendmenfs to the lnterim Conditional
Use Permit to correct the sifuation.
Brown asked about product liability. It was answered that that would be Cub's
responsibility.
Auge stated that the recommendation before the Commission was for approval of a
conditional use permit for an outdoor food stand and a temporary greenhouse with
condition #2 changed to read "shall be allowed to operate weekends (defined as
Friday, Saturday, and Sunday) between April 1 and October 1, and added language
about removal of equipment between uses.
Motion passed unanimously.
. � �� � . •••
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ITEM: 6.2
PUBLIC MEETING DATE: 7/27/98 TENTATIVE COUNCIL REVIEW DATE: 8/19/98
APPLICATION
APPLICANT: Cub Foods
REQUEST: Proposed amendment to an interim conditional use permit to aliow an
expansion of a temporary greenhouse and to allow an outdoor food
stand to operate on Fridays, Saturdays, and Sundays in the spring,
summer, and fail.
SITE DATA
LOCATION:
ZONING:
CONTIGUOUS
�AND USE:
NORTH:
EAST:
SOUTH:
WEST:
SIZE:
DENSITY:
8690 East Point Douglas Road
B-2, Retail Business District
Professional O�ce Building
Residential
Commercial
Commerciai
Cub Foods Building = 64,569 square feet
Proposed temporary greenhouse area = 10,873 square feet
N/A
RECOMMENDATION
Approval, based on the conditions stipulated in this staff report.
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PROPOSAL
Cub Foods, located at 8690 East Point Dougias Road, is requesting to amend their conditional
use permit to expand the temporary greenhouse area and to allow Friday through Sunday
operation of the outdoor food stand in the spring, summer and fail.
A site plan depicting the location of the above uses is attached as Exhibit A. A site plan of the
outdoor food stand area is attached as Exhibit B.
BACKGROUND
Cub Foods appiied for an interim Conditional Use Permit in 1992 for purposes of installing an
aluminum can recyciing bank and temporary greenhouse on their property. The City Counci!
approved the installation of the aluminum can recycling bank for a six-month trial basis, but the
machine was never instalied on the property. The Planning Commission and City Councii did
approve the temporary greennouse use on the property for a five-year period.
In 1997, Cub Foods renewed their Interim Conditional Use Permit to operate a temporary
greenhouse pius park a trailer for aluminum can recycling and operate an outdoor food stand one
time per year in conjunction with Multiple Sclerosis Awareness Week.
I 7 : �� 7 7 � : i �'l � 3 :1 _ \ : 7 _T � � � :7 [.' � � [ � 3
The Cub Foods site is fully developed on approximately 8.2 acres of land. The 64,569 square foot
buiiding is located at the north end of the site and 371 parki�g spaces are provided on the south
and west sides of the buiiding. Motor vehicle access is via East Point Douglas Road, Jamaica
Avenue, and 90"' Street South. The outdoor dispiay and sales of nursery product and
merchandise has operated on the site for the last six years, and staff is unaware of any
complications.
! t �'
Compliance wifh Ordinance Requirements
Tfie ordinance lists general criteria which must be met to obtain approvai of the Interim Conditional
Use Permit. Approval of this permit for increased use of an outdoor food stand and expansion of
the outdoor temporary gre2nhouse would meet these standards, subject to the conditions
stipulated in stafFs recommendations.
Planning Staff Report
Case No. CUP98-22
7uly 20, 1998
Page 2
Temporary Food Sfand
Cub Foods currently has a one-time per year outdoor faod stand that includes some outdoor
seating. The applicant has requested that they be able to operate the food stand at any time
during the spring, summer and fali on Fridays, Saturdays, and Sundays. Staff is recommending
that it should oniy be operated 10 times between Apri11 and October 1 on Fridays, Saturdays, or
Sundays.
Staff is also recommending the following list af conditions from the 1997 interim Conditional Use
Permit remain: building entranceslexists are not to be blocked, the seating and food stand area
are not to encroach into the access drive, a temporary fence is to be installed between the food
stand/seating area and the access drive, and the sidewalk is not to be blocked in such a way that it
prohibits pedestrians from walking on the sidewalk.
Aluminum Can Storage Trailer
The 1997 Cub Foods Interim Conditional Use Permit allowed for an aluminum can storage trailer.
However, Cub Foods has since decided that this use wili not be pursued. Therefore, staff is
recommending the new interim Conditional Use Permit delete approval for an aluminum can
storage trailer.
Seasona/ Greenhouse
At the time Cub Foods was granted city approval to operate a seasonal greenhouse, they
constructed a 20-foot X 80-foot paved bituminous sutface in the southwest corner of their parking
lot. In the past, a metal frame structure is erected and covered with a plastic sheeting. Fiowers,
potted florai arrangements, and vegetable seedlings were stored in the greenhouse. Other
landscaping materials, potting soii, fertilizer, and a variety of shrubs and trees were displayed
outside and next to the greenhouse. Parking spaces next to the greenhouse were used for this
outdoor storage.
The site is aiso used for Christmas tree sales between the Thanksgiving and Christmas holidays.
The appiicant proposes to continue operating the seasonal greenhouse and to expand it as
depicted in Exhibit A. The entire proposed greenhouse site is a totai of 10,873 sq. ft.. The city
code requires 54 parking spaces for this type of use. With the loss of parking due to the
expansion if the greenhouse, Cub Foods would be 27 parking spaces short of the city minimum
requirements. Staff is recommending that a provision be added to ailow staff to amend the Interim
Conditional Use Permit if a parking shortage is created by the temporary greenhouse.
• r, • �
Planning staff recommends approval af the interim Conditionai Use Permit relating to the
temporary food stand and seasonal greenhouse operations on the Cub Foods property at 8690
East Point Douglas Road. StafPs recommendation is contingent on the following conditions:
Ptanning Staff Report
Case No. CUP98-22
July 20, 1998
Page 3
1. The amended Interim Conditional Use Permit shall expire five years from the date
approved by the City CounciL
Outdoor Food Stand
2. The temporary food stand shall be ailowed to operate no more than 12 times between
April 1 and October 1 on Fridays, Saturdays, or Sundays.
3. All the rules imposed by the Department of Agriculture must be complied with for the
food stand.
4. If a temporary tent is used for the food stand, Cub Foods shall obtain from the City a
buiiding permit before erecting the tent. The tent structure shail be of a fire retardant
materiai.
5. The temporary tent or mobile trailer for the food stand shall not extend beyond the
concrete sidewalk along the front of the store nor obstruct motorist's view of the "STOP"
signs that are posted near the store's doorways.
6. A five-pound ABC-rated fire extinguisher shail be stored in the mobile trailer/tent
structure.
7. Ail electrical connections shall be in compiiance with state electricai requirements.
8. Overhead electrical service or electricai extension cords are prohibited from any power
source within the parking lot to the greenhouse or food stand.
9. A minimum of two (2) trash receptacles shall be placed next to the food stand.
10. A temporary fence shall be instalied between the designated outdoor seating/food stand
and fhe access drive for motor vehicies. This fencing shali not encroach on the access
drive.
Temporary Greenhouse
11. A building permit for the temporary greenhouse shall be issued by the City before the
temporary structure is erected. A building permit is required for each year the
temporary greenhouse is used on the property.
12. The temporary greenhouse shall setback a minimum of 20 feet from the property line
along East Point Douglas Road and 20 feet from the back of the curb for that portion of
private drive providing access into Cub Foods parking lot.
Planning StaffReport
Case No. CUP98-22
July 20, 1998
Page 4
13. The temporary greenhouse and outdoor display and sale of nursery products and
merchandise shall be allowed between April 1 and July 1 and located in the southwest
comer of Cub Foods southem most parking lot. Christmas tree sales are permitted at
the designated greenhouse site and for the period between Thanksgiving and
Christmas.
14. All landscaped materials and fencing are prohibited on the grass area of the boulevard
nor may they encroach into the drive aisles of the parking lot outside of the designated
area.
15. If the city determines that there is a parking shortage due to the temporary greenhouse,
the city may make amendments to the Interim Conditional Use Permit to coRect the
situation.
Prepared by
Benjamin S. Martig
Community Development Assistant
Attachments
Location Map
Exhibit A - Site Pian
Exhibit B- Temporary Food Stand Area Site Pian
GJ199&+PCRPT/98TZ-7-27-98RPT
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