3.4. SR 06-21-2004City
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Joan Schmidt, City Clerk
June 21, 2004
Consider Fireworks License for Wash N' Fill
*Item 3.4.*
Request
Approval for Sales, Storage of Fireworks License
Applicant
Dave Kroona
Wash N' Fill
18296 Zane Street
Elk River, MN
Background
Mr. Kroona is requesting to sell f~reworks at retail from a sales tent located at Wash N' Fill.
He has paid all fees and has successfully completed the background check. Fire Chief Bruce
West completed an inspection of the premises and recommended approval of the license
with one condition.
Action Requested
Council motion approving a Fireworks License to Wash N' Fill with the condition that the
sale of the fireworks be at least a minimum of 50 feet from any motor vehicle fuel
dispensing equipment.
S: \Council\J oan\ Firc~vorks\WashFill.doc
MEMORANDUM
Item # 3.4.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Chris Leeseberg, Planner
June 21, 2004
Case No. GP 04-09
Request by Wash-n-Fill for a General Planning Permit to
Conduct Firework Sales
Request
Wash-n-Fill requests a General Planning Permit to conduct firework sales from a 10' x 20'
sales tent for 2004.
60-Day Rule
To comply with the 60 day rule, without an extension, this item needs action by July 30,
2004.
Location
18296 Zane St NW
Lots l&2, Block 1 Elk River Crossing
Attachments
· Site Plan
· Portion of the Nation Fire Protection Association Guidelines
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
City Council / GP 04-09
June 21, 2004
Page 2
Overview
Wash-n-Fill requests a General Planning Permit to erect a sales tent to conduct firework
sales in its parking lot. It will be used from June 21, 2004 through July 5, 2004.
The proposed location is in the parking lot west of the fuel dispensing islands. According to
the National Fire Protection Association 1124 guidelines, the sale of fireworks needs to be at
least 50-feet from any fuel-dispensing station dispensers. The location of the tent on the
submitted plan violates the 50-foot requirement.
The Fire Chef and staff visited the site with the applicant the morning of June 17, 2004 to
discuss the NFPA requirements. After reviewing the plans and meeting on site, it was
concluded that the tent will need to be located in the two parking stalls just off the
southwest corner of the car wash. This is the best location to have minimum impact on
vehicular circulation.
Recommendation
Staff recommends that the City Council approve the Wash-n-Fill requests a General
Planning Permit to conduct firework sales from a 10' x 20' sales tent with the following
condition:
1. THE SALE OF FIREWORKS NEEDS TO BE AT LEAST 50-FEET FROM
AND FUEL-DISPENSING STATION DISPENSERS.
2. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER
TO RESTRICT TRAFFIC.
4. THE SALES TENT SHALL BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION.
5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN AND MEETS ALL FIRE CODES.
6. THE TENT SHALL BE REMOVED WITHIN ONE WEEK OF THE
END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS
PREVIOUS CONDITION.
7. THE GENERAL PLANNING PERMIT IS VALID UNTIL DECEMBER
31, 2004.
8. THE SALES TENT SHALL BE LOCATED IN THE RECOMMENDED
LOCATION AS INDICATED ON THE SITE PLAN.
S:\PLANNING\Case Files\2004\GP 04-09 Wash n Fill\GP 04-09_CC.DOC
IlIAIISFOItl4EIJ
PROPOSED LOCATION
MAIN' :S TREET
_--=N ~'J9'16' E
COH IROLLE
I-SIOR¥ COI'ICR[ IE BLOCK
0,I
, t/
RECOMM EN D(E.,D LOCATION
2
7.6 Site Requirements. 7.6.1' Fire Department Access. Any potion of an exterior wall of a /
building, sidewall of a tent, or other defined perimeter of a _ ' - .
X~ll be accessible within 150 ft of a public way or an approved fire apparatus access'/
7.6.'SxCiearance to Combustibles. The area located within 30 ft of a
~hall be kept free of accumulated dry grass, dry brush, and combustible debris.
7.~3 Par~l} No motor vehicle or trailer used for the storage of consumer fi e/~w~ shall be
p~ked within~10 ft of a 2_- ...... - .......... -, except :~r~c eliv g, load. ing,
or unloading fireX~rks ore'her merchandise and materials used, stored, or idpla> ed for sale in the
facility.
~i&~'Fir~works Discha?ge. 7.~~.i'~i' Fireworks'shall not be ~nited; ed, or otherwise used
within 300 ft of a
7.6.4.2 At least one sign that as follows, in letters at
background, shall be const ;ted on the
~: NO FIRE ;CHARGE
4 in. high on a contrasting
each side of the ~
300 FEET
7.6.5 No Smoking Signs.?.6;~.l
be permitted inside or within 50 ft of the
7.6.5.2 At least one sign that reads as foil
background, shall be conspicuously at each
serving the in a
at least 2 in. high on a contrasting
tnce or within 10 ft of every aisle directly
FIREWORKS -- NO SMOKING
7.7 Separation Distances. 7.7. Facilities.
7.7.1.1 New Facilities.
from adjacent buildings and structures in accordance
shall be separated
7.7.1.1.
?able 7.7.1.1 Se
Separation
ft
60
Distances Between New Permanent Buildings and StruX/~res
Exterior Wall Fire Resistance
Rating
(hr)
0 0
ExteriOrRating(hr)llf~ Wall. Openi'h~
......... ~i:~ shall
7.7.3 Other Separation Distances. 7.7.3.1 ~ ,~ · - ,~....:..::,~.~
not be located within 50 ft of the following:
(1)
(:)
Motor vehicle fuel-dispensing station dispensers
Retail propane-dispensing station dispensers
(3)
(4)
Aboveground storage tanks for flammable or combustible liquid, flammable gas, or flammable
liquefied gas
Compressed natural gas dispensing facilities
7.7.3.2 ~g i~[~L~ ~ shall not be located within 300 ft of any
aboveground bulk storage or bulk dispensing area for the following:
(1)
(2)
(3)
Flammable or combustible liquid
Flammable gas
Flammable liquefied gas
7.7.3.3 Fuel tanks on vehicles or other motorized equipment shall not be considered bulk s!.oragy
;.4 Fuel storage for generators shall be in accordance with 7.11.3.
7.8 eans of Egress. 7.8.1 General. Means of egress in ~
shall ~ly with the applicable requirements of NFPA 101®, Life Safety Code®, as p~odified by
Section
7.8.1.1 Means
consumer firewo
otherwise s
in
are conducted shall comply with NFPA
',ection 7.8.
the retail sales of
Life Code®, unless
7.8.1.2' Means of egress
shall comply with NFPA 10
Folding and Telescopic
used
Life Safety Code~ , and NFPA
and Membrane
7.8.2* Fire Safety and Evacuation i~n. 7.8.2.1 For a
~:~, an approved fire safety and evac'u ~tion plan
current.
consumer fireworks retail sales
for Grandstands,
as modified by Section 7.8.
be prepared in writing and maintained
7.8.2.2 The evacuation plan shall be posted
as well as to persons employed c
:nons location that is accessible to the public
the facility.
7.8.2.3 An approved fire safety and e plan
7.8.3 Number of Exits. 7.8.3 e minimum number of exits
shall be not less than thre~/or as determined in accordance with __ __
whichever number is gredter.
be required for ~
7.8.3.2
fireworks retail
minimum of
es are conducted and
exits.
which consumer
shall have a
7.8.4 E1 Travel Distance. 7.8.4.1 Exits provided for the retail sales area of
and ~ ,
shall be located so that the maximum egress travel distance, measured from the most
int to an exit along the natural and unobstructed path of egress travel, does not exceed
tote
Item # .3.4.
Supplemental
MEMORANDUM
TO:
Mayor and City Council
FROM:
DATE:
Chris L~l~seberg, Planner~
June 21, 2004
SUBJECT:
Case No. GP 04-09'
Request by Wash-n-Fill for a General Planning Permit to
Conduct Firework Sales
Overview
Over the weekend, staff became aware of a second ancillary sales activities happening on
site. The sale of trees and shrubs is occurring in the parking lot. Only one ancillary sales
activity can occur on site at a time.
If the request for a General Planning Permit to Conduct Firework Sales is approved, a ninth
condition needs to be added that states: Only one andlla~y sa/es activi(y can occur on site at any time.
Recommendation
Staff recommends that the City Council approve the Wash-n-Fill requests a General
Planning Permit to conduct firework sales from a 10' x 20' sales tent with. the following
condition:
1. THE SALE OF FIREWORKS NEEDS TO BE AT LEAST 50-FEET FROM
AND FUEL-DISPENSING STATION DISPENSERS.
2. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE, THE SALES AREA SH.~, L BE DELINEATED WITH A BARRIER
TO RESTRICT TRAFFIC.
4. THE SALES TENT SHALL BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION.
5. THE LOCATION OF THE TENT IS CONSISTENT WITH THE
SUBMITTED SITE PLAN AND MEETS ALL FIRE CODES.
City Council / GP 04-09
June 21, 2004
Page 2
6. THE TENT SHALL BE REMOVED WITHIN ONE WEEK OF THE
END OF THE SALES PERIOD AND THE SITE BE RETURNED TO ITS
PREVIOUS CONDITION.
7. THE GENERAL PLANNING PERMIT IS VALID UNTIL DECEMBER
31, 2004.
8. THE SALES TENT SHALL BE LOCATED IN THE RECOMMENDED
LOCATION AS INDICATED ON THE SITE PLAN.
9. ONLY ONE ANCILLARY SALES ACTMTY CAN OCCUR ON SITE AT
ANY TIME.
S:\PI~KNNING\Case Files\2004\GP 04-09 Wash n FilI\GP 04-09_CC-2.DOC