Loading...
Fire works stand/ STAFF REPORT City of Yelm Community Development Department   Date: October 18, 2010 Applicant: Thunder Fireworks-Carla Hammick/James Bland Owner: Michael McGraw P.O. Box 429 Onalaska, WA 98570 Request: Temporary Sales of Fireworks Stand Recommendation: Approval with conditions Findings of Fact Proposal and Site Characteristics The application is for the sale of fireworks as allowed under Section 17.70.030 YMC Temporary Uses over the Fourth of July and New Years Eve Holidays. Authorized temporary uses are subject to specific limitations in Section 17.70.030 YMC and such additional conditions as may be established by the site plan review committee. The properties are located at 16930 SR 507 SE and 16910 SR 507 SE and are identified as Tax Parcel numbers 64303100900 and 64303100800. 16930 SR 507 is currently unimproved and 16910 SR 507 is improved and is used as a Fitness Center. Fireworks sales are restricted by City and State law from June 28th to July 5th and December 27th to December 31st. Sales will be from a 10x32 square foot trailer in December and a 40x40 tent during the Fourth of July Holiday. Power and Security will be from a RV and generator located on the unimproved parcel. The application for the Temporary Use Permit proposes two alternative site plans. Exhibit A uses the unimproved parcel as sales and parking and Exhibit B has sales on the unimproved parcel with parking on the improved parcel. The Site is bordered by Grove Road to the West, 103rd Connector to the East and SR 507 to the South. The property is zoned C-3 and is not used for residential purposes. The C-3 zoned properties to the West of Grove Road and to the East of the 103rd Collector are used for commercial purposes. The property to the South of SR 507 SE is zoned C-3 and is used for residential purposes. Site Plan Review The Site Plan Review Committee is authorized to act on requests for temporary uses and may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, conditions regulating the time and frequency of operation, parking and traffic circulation requirements, screening, and site restoration. Review of the application elicited the following conditions of concern: No left turn lanes are to the site from SR 507. Residential Uses are across the street and may be impacted by noise The allowable use of fireworks 100 feet from the fireworks stand may create a fire hazard. Critical Areas There are no wetlands, fish and wildlife habitat areas, geologic hazard areas, floodplains or high groundwater hazard areas located on or near the subject property. The City of Yelm is identified as a Critical Aquifer Recharge Area, a designated environmentally sensitive area. Potential Impacts to groundwater quality and quantity will be mitigated through measures that meet or exceed the standards in the 1992 DOE stormwater manual as adopted by the City of Yelm. The improved site is developed with an approved stormwater system. Zoning Code Requirements Fireworks Stands may be authorized on lots not used for residential purposes in commercial or industrial zones. Chapter 17.57 Environmental Performance Standards YMC regulates the maximum allowable noise levels as measured at the property line. The fireworks stands hours of operation extend beyond the 10 pm to 7 am period of reduced noise. The use of a generator for power to light the site, run the operations and secure the site will need to be mitigated by screening. Transportation Yelm is a small compact community most directly affected by two state highways, SR 510 and SR 507, which bisect the community. These state routes are used by local residents for transportation throughout the City, for access to commercial and residential areas throughout the community as well as serving regional traffic. The improved site is accessed off of SR 507 SE and Grove Road. There are no left turn lanes on SR 507 SE to the improved site. As a State Highway SR 507 serves approximately 18,000 vehicles a day. Traffic congestion created by additional left turns from East bound traffic on SR 507 will need to be mitigated by preventing access to the site with approved traffic barricades at both access points on SR 507. Stormwater Quality and Quantity Impervious surfaces create stormwater runoff which, when uncontrolled and untreated can create health, safety, and environmental hazards. The City of Yelm has adopted the 1992 Department of Ecology Stormwater Manual, which requires all development to treat and control stormwater when over 5,000 square feet of impervious surface is created. The improved site is developed with an approved stormwater system. Parking The improved parcel was designed to the environmental and ingress/egress standards in place at the time of development. Parking for the fireworks stand will be on paved surfaces. The change of use from a lumber yard to fitness center required it to have a minimum of 19 paved parking stalls. Approval for a Temporary Use requires a maximum of 15% of the required parking stalls be reduced by the event. Exhibit B meets these requirements. Conclusions of Law A. The Site Plan Review Committee has jurisdiction to consider and decide the issues presented by this request. B. The Site Plan Review Committee has reviewed the request for a Temporary Use Permit for a 10x32 trailer or 40x40 tent for the use of class C 1.4 G Consumer Fireworks Sales. For power and security a generator and RV will be accessory uses to the sales of fireworks. The Site Plan Review Committee authorizes the use under Chapter 17.70.030 YMC with the following conditions: All parking will be on paved asphalt and not occupy more then 15% of the parking spaces required for the primary use. Exhibit “B” parking diagram is accepted as submitted. The portable generator will be screened or muffled to mitigate noise impact on surrounding residential neighborhoods. Noise from the generator will not exceed 47 dBA from 10 pm to 7 am and 57 dBA during all other hours of operation. To mitigate traffic impacts access to the fireworks parking will only be from Grove Road to the West. Arrangements will be made to block the accesses from SR 507 SE entry during hours of Fireworks Sales. Decision The request for site plan review approval is hereby granted subject to the conditions contained in the conclusions above. PREPARED by Gary Carlson, Building Official APPROVED this 18th day October, 2010. Grant Beck, Director of Community Development Site Plan Review Committee City of Yelm Appeal Site Plan Approval is a Type II Administrative land use approval. An appeal of this decision can be filed within 14 days from the date of this approval, pursuant to YMC, Chapter 15.49, Integrated Project Review Process. Any appeal must be in writing, contain specific factual objections, and include the appeal fee of $50.00.