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HomeMy WebLinkAbout2025-05-05 I04 200 SE Laurel St_Temporary Use Permit AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 5, 2025 AGENDA ITEM: Consideration of approval of a temporary use permit for Bellino Fireworks, Inc. (200 SE Laurel Street) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Staff has received a temporary site plan request for a fireworks sales tent proposed to be located on the Fareway property located at 200 SE Laurel Street. The temporary site plan consists of an 1,800 square foot tent as well as a storage container for product storage. There is ample parking on the property to support the temporary use and the proposed temporary structures appear to meet all site setbacks. The Fire Department will be responsible for inspection of the tent for fire safety. The proposed temporary use permit is requested for June 24 – July 5, 2025. Hours of operation for the business will be from 8 AM to 11 PM. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff have reviewed the temporary use permit application and are comfortable with the request. RECOMMENDATION: Staff would recommend approval of the proposed resolution. ATTACHMENTS: I. Proposed Resolution II. Location Map III. Temporary Use Permit Application PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: I4 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING TEMPORARY USE PERMIT REQUEST AT 200 SE LAUREL STREET [BELLINO FIREWORKS, INC.] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Bellino Fireworks, Inc. has signed a lease with Fareway on property located at 200 SE Laurel Street; AND, WHEREAS, Bellino Fireworks, Inc. is requesting approval of a temporary use permit for the sale of fireworks from June 24, 2025 through July 5, 2025. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5th day of May, 2025, that it hereby approves the temporary use permit for 200 SE Laurel Street for June 24, 2025 – July 5, 2025. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 200 SE Laurel Street City of Waukee, Dallas County Parcels Image Red: Band_1 Green: Band_2 Blue: Band_3 6/13/2024 0 0.05 0.10.03 mi 0 0.07 0.150.04 km 1:2,919 City of Waukee, IA May 2, 2025 TEMP-25-1 Temporary Use Permit Status: Active Submitted On: 4/22/2025 Primary Location 200 SE Laurel St Waukee, IA 50263 Owner FAREWAY STORES INC NW 62nd Avenue 880 0 Johnston, IA 50131 Applicant Kaela Riepl 402-935-191 6 kaela@bellinoenterprises.com 501 Olson Drive Suite 210 Papillion, NE 68046 Property Owner Information Owner Name* Fareway Stores, Inc. Address * 8800 NW 62nd Avenue City* Johnston State* IA ZIP Code* 50131 Phone #* 515-432-2623 Email* kpritchard@farewaystores.com Vendor Information Vendor Name* Bellino Fireworks, Inc. Address * 501 Olson Drive Suite 10 City* Papillion State* NE 5/2/25, 10:56 AM TEMP-25-1 https://waukeeia.workflow.opengov.com/#/explore/records/9935/details 1/5 ZIP Code* 68046 Phone #* 402-935-1916 Email * kaela@bellinoenterprises.com Project Information Date of Use Start 06/24/2025 End Date 07/05/2025 Hours of Operation 8am-11pm Description of Items Sold Consumer Fireworks Description of Stand Being Used 30x60 Tent Temporary Use Requirements NOTE - READ CAREFULLY Applicant shall Comply with all requirements as specified within Chapter 165.18 of the Waukee Municipal Code. All Applicable health standards and Licensing as required by the State, County or Municipality should be met. Copies of all licenses should be provided as a part of the application. Parking required by the temporary use sales shall be provided on site or provided by adequate street parking available in the immediate area. All activities (signs, display, etc.) associated with the temporary use sales must be located outside of all public right of way and shall be located as to not obstruct vision clearance at intersections. 5/2/25, 10:56 AM TEMP-25-1 https://waukeeia.workflow.opengov.com/#/explore/records/9935/details 2/5 I, the undersigned, declare that to the best of my knowledge all of the information given in this application is true and correct, and further agree that all work done under this permit will be done in compliance with all applicable City, State, and Federal codes, ordinances, rules and regulations* Staff Review Comment Expiration Date Attachments 200 SE Laurel Stpdf.pdf Uploaded by Kaela Riepl on Apr 22, 2025 at 8:52 AM R EQU I R E D Permission to Occupypdf.pdf Uploaded by Kaela Riepl on Apr 22, 2025 at 8:56 AM R EQU I R E D 200 SE Laurel St-COI.pdf Uploaded by Kaela Riepl on Apr 23, 2025 at 2:03 PM 30 x 60 signed.pdf Uploaded by Kaela Riepl on Apr 23, 2025 at 2:04 PM State Bond 2024.pdf Uploaded by Kaela Riepl on Apr 23, 2025 at 2:05 PM 2025-2026 License Card Consumer Fireworks Retail Seller License.pdf Uploaded by Justin Frederick on Apr 23, 2025 at 2:10 PM Site Plan Letter of Approval 200 SE Laurel St-COI.pdf 30 x 60 signed.pdf State Bond 2024.pdf 2025-2026 License Card Consumer Fireworks Retail Seller License.pdf 5/2/25, 10:56 AM TEMP-25-1 https://waukeeia.workflow.opengov.com/#/explore/records/9935/details 3/5 Record Activity Kaela Riepl started a draft Record 04/22/2025 at 8:25 am Kaela Riepl added file 20 0 SE Laurel Stpdf.pdf 04/22/2025 at 8:52 am Kaela Riepl added file Permission to Occupypdf.pdf 04/22/2025 at 8:5 6 am Kaela Riepl submitted Record TEMP-25-1 04/22/2025 at 8:5 6 am OpenGov system altered approval step Permit Application Intake , changed status from Inactive to Active on Record TEMP-25-1 04/22/2025 at 8:5 6 am OpenGov system assigned approval step Permit Application Intake to Dawn Young on Record TEMP-25-1 04/22/2025 at 8:5 6 am Dawn Young assigned approval step Building Department Review to Keith Rash on Record TEMP-25-1 04/22/2025 at 12:57 pm Dawn Young reassigned approval step Building Department Review from Keith Rash to Andy Kass on Record TEMP-25-1 04/22/2025 at 1:26 pm Dawn Young altered approval step Building Department Review, changed status from Inactive to Active on Record TEMP-25-1 04/22/2025 at 1:26 pm Dawn Young assigned approval step Fire Department Approval to Justin Frederick on Record TEMP-25-1 04/22/2025 at 1:26 pm Dawn Young altered approval step Fire Department Approval, changed status from Inactive to Active on Record TEMP-25-1 04/22/2025 at 1:27 pm Dawn Young approved approval step Permit Application Intake on Record TEMP-25-1 04/22/2025 at 1:39 pm Kaela Riepl added file 20 0 SE Laurel St-COI.pdf to Record TEMP-25-1 04/23/2025 at 2:03 pm Kaela Riepl added file 30 x 60 signed.pdf to Record TEMP-25-1 04/23/2025 at 2:04 pm Kaela Riepl added file State Bond 2024.pdf to Record TEMP-25-1 04/23/2025 at 2:05 pm Justin Frederick added file 2025-2026 License Card Consumer Fireworks Retail Seller License.pdf to Record TEMP-25-1 04/23/2025 at 2:10 pm Justin Frederick approved approval step Fire Department Approval on Record TEMP-25-1 04/23/2025 at 2:46 pm 5/2/25, 10:56 AM TEMP-25-1 https://waukeeia.workflow.opengov.com/#/explore/records/9935/details 4/5 Timeline Label Activated Completed Assignee Due Date Status Permit Application Intake 4/22/2025, 8:56:41 AM 4/22/2025, 1:39:13 PM Dawn Young -Completed Building Department Review 4/22/2025, 1:26:40 PM -Andy Kass -Active Fire Department Approval 4/22/2025, 1:27:01 PM 4/23/2025, 2:46:22 PM Justin Frederick -Completed Fee Correctness Check ----Inactive Permit Fees Due --Kaela Riepl -Inactive Temporary use Permit ----Inactive Temporary Use Inspections (If Required) ----Inactive Temporary Use Close Out ----Inactive 5/2/25, 10:56 AM TEMP-25-1 https://waukeeia.workflow.opengov.com/#/explore/records/9935/details 5/5 __ _ __ _45 ’__ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 126 ’__ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __30 ’___ __ _ _ _ _ 46 ’ __ _ _ _ Tent 30x60 Waukee Fareway 200 Laurel St Waukee, IA Storage 53’ D P No Smoking No Smoking No Smoking No Smoking 8' x 2 ' T a b l e , Ho l d i n g 2 C a s h R e g i s t e r s 8' x 2' Table Stacked less than 6' High No n - P u b l i c A r e a O N L Y 8' x 2' Table ENTRANCE Em p l o y e e A c c e s s O n l y No n - P u b l i c A r e a O N L Y 8' x 2' Table Stacked less than 6' High 8' x 2' Table Stacked less than 6' High No n - P u b l i c A r e a O N L Y 8' x 2' Table Stacked less than 6' High 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h EXIT ONLY No D i s c h a r g e Wi t h i n 3 0 0 F e e t No Discharge Within 300 Feet Fireworks No Smoking Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High Te n t L e n g t h : 3 0 F t . Exit Pathway Exit Pathway Cross Aisle Cross Aisle Ai s l e Ai s l e Ai s l e Ch e c k O u t A i s l e EXIT ONLY Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table 8' x 2' Table Tent Layout ***Each Graph Square Equals 1 Square Foot*** Tent Width: 60 Ft. No Discharge Within 300 Feet 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2' Table Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High RETAIL AREA: 1,800 Sq Ft DISPLAY AREA: 384 Sq Ft FLOOR AREA: 1,384 Sq FtTENT AREA: 1,800 Sq Ft No D i s c h a r g e Wi t h i n 3 0 0 F e e t 8' x 2 ' T a b l e , Ho l d i n g 2 C a s h R e g i s t e r s **ALL FIREWORKS NOT DISPLAYED ON TABLES WILL BE STORED UNDERNEATH THE TABLES OR THEY WILL BE STORED IN THE ADJACENT STORAGE TRAILER** FIRE EXTINGUISHER 4-A:60-B:C 2A PRESSURED WATER EXTINGUISHER RETAIL FIREWORKS SALES LICENSE EMERGENCY EVACUATION PLAN TABLE SKIRTING (to restrict no public areas)FIRE BREAKS (every 8 linear feet or less) 8' x 2' Table Stacked less than 6' High CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ryder Rosacker McCue &Huston (MGD by Hull &Company) 509 W Koenig St Grand Island NE 68801 Kristy Wolfe 308-382-2330 308-382-7109 kwolfe@ryderinsurance.com Kinsale Insurance Company 38920 SCOTTSDALE INS CO 41297BellinoFireworksInc 501 Olson Dr. Papillion NE 68046 1744992056 B X 2,000,000 350,000 X 1,000,000 2,000,000 2,000,000 CPS4078592 11/4/2024 11/4/2025 X 5,000 B X 3,000,000 3,000,000 FWS4000050 11/4/2024 11/4/2025 X A Excess Liability 3/10/2025 0100075806-6 11/4/2024 11/4/2025 Each Occurance General Aggregate 5,000,000 5,000,000 Named Insured: Bellino Fireworks Inc;Bellino Enterprises Ltd;Bellino Properties Inc;Plaza 370 Partners LLC;1150 Applewood LLC;Bellino Cedardale Properties LLC;Bellino Land Development LLC;North Platte Warehouse LLC;108th &Giles LLC;Bellino Fireworks Kansas Inc;Hutchinson Warehouse LLC Regarding the General Liability coverage,Waiver of Subrogation applies to the entities listed below per attached form CG 24 04 when required by written agreement. See Attached... City of Waukee 230 W Hickman Road Waukee IA 50263 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 Ryder Rosacker McCue &Huston (MGD by Hull &Company)Bellino Fireworks Inc 501 Olson Dr. Papillion NE 68046 25 CERTIFICATE OF LIABILITY INSURANCE Regarding the General Liability coverage,Blanket Additional Insured applies to the entities listed below per attached form GLS-150s when required by written agreement. Regarding the General Liability coverage,Primary and Non-Contributory coverage applies to the entities listed below per attached form CG 20 01 when required by written agreement. 200 SE Laurel St.,Waukee,IA Fareway Stores COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II—WHO IS AN INSURED is amended to include as an additional in- sured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be: a. Currently in effect or becoming effective during the term of the policy; and b. Executed prior to the “bodily injury,” “property damage,” or “personal and advertising injury.” The insurance provided to these additional insureds is lim- ited as follows: 1. That person or organization is an additional insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person’s or organization’s status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to item 2. Exclusions of SECTION I— COVERAGES: This insurance does not apply to “bodily injury,” “property damage” or “personal and advertising injury” occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or b. That portion of “your work” out of which the in- jury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. 3. The limits of insurance applicable to the additional insured are those specified in the written contract, written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declara- tions for this policy. 4. Coverage is not provided for “bodily injury,” “property damage,” or “personal and advertising injury” arising out of the sole negligence of the additional insured. 5. The insurance provided to the additional insured does not apply to “bodily injury,” “property damage,” or “personal and advertising injury” arising out of an architect’s, engineer’s or surveyor’s rendering of or failure to render any professional services including: Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 2 of 2 a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engi- neering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, ex- cess, contingent or on any other basis unless a written contract specifically requires that this insur- ance be primary. When this insurance is excess, we will have no duty under SECTION I—COVERAGES to defend the additional insured against any “suit” if any other insurer has a duty to defend the additional insured against that “suit.” If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured’s rights against all those other insurers. AUTHORIZED REPRESENTATIVE DATE Bellino Fireworks (200 SE Laurel St) 200 SE Laurel St, Waukee License Number: CFRS2025-0189 License Level: BOTH First- and Second-Class Consumer Fireworks Issue Date: 04/09/2025 Expiration Date: 04/01/2026 Structure Type: Temporary Tent 50% or more of retail floor space devoted to consumer fireworks License Tax Status: Retail Tax Status The information provided on this certificate is current as of 04/09/2025 Scan the QR code to retrieve or verify the current license status. 200 SE Laurel Street, Waukee 04/01/2025 June 6, 2025 7900690495 April 24, 2024 Iowa Secretary of State Papillion, NE 68046 Bellino Fireworks, Inc IA Transient Merchant $250,000.00 501 Olson Dr. June 7, 2024