Loading...
6.4. SR 04-20-2009REQUEST FOR ACTION To Item Number Ci Council 6.4. Agenda Section Meeting Date Prepared by Communi Develo ment Aril 20, 1009 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by Sprinter Electric for Conditional Use Permit for erem Barnhart, Plannin Mana er Scooter Sales Case No. CU 09-11 -Public Hearing Reviewed by Action Requested Staff and the Planning Commission recommend the City Council approve the conditional use permit request, as illustrated on drawings dated 3/20/09, with the following conditions: 1. As a conditional use permit is not a building permit, the applicant shall apply for all require permits. 2. All required licenses shall be obtained. 3. All exterior signage shall require a sign permit. 4. Test drive route shall be confined to an area defined by School Street (to the south), Highway 169 (to the east),193`~ (to the north), and Jackson Avenue (to the west). The test driving shall only be allowed on the public streets that define the boundary of the area, as well as on following public roads located within the defined area: Freeport Avenue,1918t Avenue. The test drivers shall only be allowed to access the test drive area by using Dodge Street south to Elk Hills Drive and then west to Highway 169 or School Street. (Exhibit A) 5. There shall be no test driving in any residential neighborhood. 6. There shall be no test driving between 6:00 p.m. and 8:00 a.m. 7. No outdoor displays shall be allowed. 8. The applicant shall have approval and insurance from the insurance provider before test driving shall be allowed. Planning Commission Discussion The Commission discussed test driving/insurance and whether or not the display of scooters should be allowed. They agreed that test driving should be allowed but wanted the applicant to have insurance in place before test driving could happen. They also agree with staff that the site in its current condition is not conducive to outdoor display. The Commission unanimously recommended approval of the request. Public Comment There was no public comment. Attachments • Staff report to Planning Commission dated April 14, 2009 • Exhibit A • Scooter flyer S:\PLANNING MAIN\Case Files\CUP\CU 09-11 Sprinter Electric\CU 09-11_CC.doc Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\CUP\CU 09-11 Sprinter Electric\CU 09-11_CC.doc : ',.: ~.">t ~"' r` `s , x «..~.. t z.^a. a ~sn. ' : t„.. s; < ~ ~'~ ,r ~-~3yrd~ A~ ~ ~~ '' ~~ Arm x,. Q ~.~ • s«n.f T ~ ~ j, 7` lj,_. ~ ...~ ..i if ~..' jj ti F 's~ :~ m. i ~{. ( i N ~ ~~..1 ~ ~ sY'~ g. ~ K Si>n~1 ~ ~ Sri. r t«. ~ Y ~~'~• iii ~ ,i. t.. .. ~ ~ ~~..~ A,< i' °. ~ ~ ~ ~ ~ , ~ .«.w, , . ,,, .. ~ . ~ x` ~_~ ~ ~~^~~ ,~ ~{ ~~ ~.~ max. ~ ~t x - C r ' r ~ ~ ~s' i ~ yefy,j .~ ~ Y f ~, I } ' .Y .. rr ~ ~ t ~ E~ y~ M .:~~ ,y` -f ,£ r fir. ~A , ( .. ~ , Q(~~ s 4 ' r ice'. I T-«'...-~ E ~~ _ ~ a M~~ ~ ,.~ ~. ~< ._ ~ ~ .. . , ~'°° 4_ ~n ' ~ .;r ~ ,~, x u ~ «..~ ~ ~! ~., f 7r t;~z, ~ ~ '{u~rr .r-'a-~ e ~ rt1'~ FF ~. r'~..~3 y~.. ~ 3 Al EXHIBIT A 4 0.2009 ~~ ~: A TEST DRIVE ROUTE/AREA cML River Nor TO SCALE .~/ Elk REQUEST FOR ACTION River FILE COPY To Item Number Plannin Commission 5.4 Agenda Section Meeting Date Prepared by Plannin Items Aril 14, 2009 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by Sprinter Electric fox Conditional Use Permit for erem Barnhart, Pla.nnin Mana er scooter sales Reviewed by Public Hearing -Case No. CU 09-11 Action Requested Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit request, as illustrated on drawings dated 3/20/09, with the following conditions: 1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all require permits. 2. All required licenses shall be obtained. 3. All exterior signage shall require a sign permit. 4. Test drive route shall be confined to an area defined by School Street (to the south), Highway 169 (to the east), 193` (to the north) and Jackson Avenue (to the west). The test driving shall only be allowed on the public streets that define the boundary of the area, as well as on following pubic roads located within the defined area: Freeport Avenue, 191$` Avenue. The test drivers shall only be allowed to access the test drive area by using Dodge Street south to Elk Hills Drive and then west to Highway 169 or School Street. 5. There shall be no test driving in any residential neighborhood. 6. No outdoor displays shall be allowed. Background/Discussion The applicant is seeking a Conditional Use Permit to display and sell new gas or electric scooters up to 50 c.c. Attachments • Location Map Applicant's Narrative • Site Plan(s) Response Email from the Applicant • Exhibit A -Test Drive Route/Area Case File; CU-09-11 Page 2 General Information r Sprinter Electric Steve Dobberstein ~, Applicant Steve Dobberstein 60 Day Rule - The application has been deemed complete as of March 25, 2009: The City must take action by May 20, 2009 Requested Action Conditional Use Permit to sell scooters Location and Size Elk Rivet Retail Center No. Two Lot 2, Blk 1 1.13 Acres Location Existing Use Land Use Plan Designation Current Zoning Subject Property Commercial Highway Business PUD North Commercial Highway Business PUD South Commercial Highway Business PUD East Residential Urban Residential R1 c West Commercial Highway Business C3 Overview The proposed use is within an existing multi tenant building located on Lot 2, Block 1 Elk River Retail Center No. 2. If approved, they will be utilizing two of the available tenant spaces. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproper y in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. 2. lYlill be consistent with the comprehensive plan. 3. Wlill not impede the normal and orderly development and improvement of surrounding vacant properly. 4. 1-Vill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fzre protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create tra~ic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. Dill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons orproperty because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. 1Ylill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. S:\PLANNING MAIN\Case Files\CUP\CU 09-11 Sprinter Electric\CU 09-11_PC.doc Case File: CU 09-11 Sprinter Electric Page 3 Step*e Dobberstein 7. 1Y>ill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Analysis The applicant will be licensed as required to sell over the road vehicles. They anticipate having 6 to 8 employees and will operate Monday through Saturday 8 a.m. to 6 p.m. During the staff site plan review meeting, the major question that was raised was if the applicant was going to allow test driving of the scooters. The applicant responded to staff that in most cases they probably would not have test driving, except maybe around the building and this will be subject to approval of the local residents. Approval by residents would be difficult to obtain and to maintain, as opinions and feelings will change over time. It was the consensus of staff at the site plan review meeting that test driving around the site(s) would not be appropriate. Staff felt that if the Planning Colnlnission and City Council deterlvined that test driving was allowable, that a predetermined route/area needs to be established. Although good in concept, this type of route or condition would be difficult to enforce. If a test drive route is allowed, staff would recommend that it be confined to an area (Exhibit A) defined by School Street (to the south), Highway 169 (to the east), 193rd (to the north) and Jackson Avenue (to the west). The test driving should only be allowed on the public streets that define the boundary of the area, as well as on following pubic roads located within the defined area: Freeport Avenue, 1915E Avenue. The test drivers shall only be allowed to access the test drive area by using Dodge Street south to Elk Hills Drive and then west to Highway 169 or School Street. There shall be no test driving in any residential neighborhood. The applicant is proposing to display five units on a concrete embankment on the front of the building during business hours. Staff is unclear if the applicant is referring to the concrete sidewalk in front of building. Aside from this sidewalk area, the site is encumbered with vehicular circulation lanes and parking. The site does not appear to be conducive to the display of products and staff would caution allowing displays on the pedestrian sidewalks. If the property owner can provide an area that does not compromise the existing parking and landscaping, staff would be open to the outdoor display during business hours. The applicant indicated that they may want to hold scooter weekend events. Comprehensive Plan The Highway Business land use is the most intensive form of commercial development in Elk River. Businesses in this category may be the largest both in terms of size and traffic generation. Market orientation tends to be regional in nature. Development orientation tends to be toward regional S:\PLANNING MAIN\Case Files\CUP\CU 09-11 Sprinter Electric\CU 09-11_PC.doc Case File: CU 09-11 Page 4 Sprinter Electric Steve Dobberstein highways. Future Highway Business developments should be located within the Urban Service Boundary and adjacent to regional highways. The proposed use meets these requirements. Transportation There are two access points to the site off of Dodge Street on the east side of the property. Both of these are shared accesses with Perkins to the south and the hotel to the north. The southern access (with Perkins) is the more heavily used intersection. QCtlon Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\CUP\CU 09-11 Sprinter Electric\CU 09-11_PC.doc Wtl Oi~bb~0i 600Z/i/b'6nnp~deW uoi;e~o~~a3uudS ii-60 fly\d(1~\sa~ij ase~~gNINNtlId\~S Description of Project Narrative Detailed description /scope of project. 18850 Dodge St. N 75-627-0110 Lot 2 Block 1, Elk river Retail Center #2. Present location: Precision Auto Care: 4 units are available for rent or lease: Units 101 and 102 to be occupied by Sprinter Electrical Services, Sprinter Scooters, and R.S. Motorsports. Sprinter Electric is a home services electrical construction company. Sprinter Scooters is the electrical division of small electric transportation devices. RS Motorsports is a distributor of small ATV and gas powered scooters from less than 50 c.c. to 250 c.c. powered vehicles licensed to travel on roads. We are to be a dealer for small Electric and Gas scooters and a dealer for RS Motorsports. We will be licensed as required to sell over the road vehicles as approved by your C.U.P. We are seeking a conditional use permit to display and sell new scooters up to 250 cc. gas or electric powered devices. HOURS OF OPERATION Monday through Saturday 8 am to 6 pm. NUMBER OF EMPLOYEES 6 to 8 NUMBER OF PARKING STALLS, EXISTING AND ADDITIONAL 44 PROPOSED SCREENING OF THE SITE? None needed. Not at this time. PROPOSED BUILDING MATERIALS. Building is made of concrete block and glass front. Walls between Precision Auto and Sprinter store is concrete block. Scooters and small engines on any display will not have gas. SIGNAGE: Set to standards of City of Elk River. 2 signs are to erected on building stating business name. Sprinter Electric /Scooters. R.S.Motorsports Location; on the front of the building, Possible sign at entry to parking lot. Type: Back lit on building and possible small lighted sign at entry to parking lot. Outdoor storage: We do not anticipate any storage at this time. Please advise if necessary. CONTACT INFORMATION: Sprinter Electric 2525 Nevada Ave. Suite 203 Golden Valley, MN 55426 763-546-8060 Office Steven Dobberstein Home 651-451-7006 Ce11651-246-4696 .. F•i. :~ ~ - -~- -• o-----_ ao Q. r L {{~ to iIJ O d~ Wm J a- --~-- ~------~ i ~~ ___.~ ' ~~r. ' ~ ~~ --~„„„ aznc~t x~a taoasMNrw I ^ ~ M w wwras ~, ~"~ q L rLYMi1D1N f 3~Iit4 ~OOOO . ~_ ~~ ~.~r __~-~ a.re~ o~n~ ~Nt1.~. Nats~~~bd ~ s d ~P s a :=~ ------ ~ ~._M__~.. Z0 S9dd ~" J _._ _.}.~' j j j! I j! 1 jl i ~NI 3d0~Sd010W I} -•---•- u° o~ ~ ~, ~ M _._._ F _ _; ----- i j I I~ i i _._ • i I I I ~~ I i Oc ..I I. , ~ ~ ~i ~ II j ); I ~~ ,1 (~1 i o 090EL69Z56 0Z~60 L90Z/6Z/90 I I I I i I I ! $ ~e. .. ~ _ '~ >: ~~ s ~ , li. O ESQ..... ~ n C y5T r€ 'S ` C ~ Z 6 ~ I I ~ ~1__J 8sa ~ y} F ~~ ~'~ E ~ ify = 1 1 5.~= n H ~ s gty ~ ~ 1 'F'f ~P v U l% °€~ c .ch •O ` ° 'S? i ci_ a° Ys~ O ~~ sF Y :t s - 6 II •_ x~fiat is e3 5 ~4C-s $.n Y ~f g ~ .F=. O °~ ga y ~S ~' - s °; , E~~'S efE ° ~ ' x'x3 s s€~ $= ~~ E~ ? t S bs Y .~ ~ t~ ar> IR~ i -.,~ ~r sJ E -' I 1 _) S I _J ~~ ~g 4 - S €° ~ £ S ~ 3 5 n° 8 L C E, ~° r _e 9 'ss .~.. ~ e 1 Ez EL ~/£.~ al E - ~ rya ~ s a I ~SFjY /13 Z $ j' ~° Y 5 ` b _p~ . ~ 6 $ 8p ~g4 O' ~ F°£ q~1x ESsst~ ~ ~~: ss sn U~ $ ~ ~{ ~' ~ ~8s ~a s $ti ~~: spa s ~~ ~ ~ ~~ n ~; ~ W ta :d a ;~ Y ~' ~°:~ >gc5 ~,~3<e $~ $~ =y: ~~ "ca ~8 g`$ U J Fg ' nF j sou 4#E /°° L.= E.' S =' __ $~{'Y~i~ IAVtVV V $ ...ry V I ly ~~ `~ f ~~. 1 l~tO t ``SN''t.lty i£ h~o,,.l Wi eo•Irs.u _ i n `~/ I H J W ~~ I 1 ~ J iJ .1~~~~ ~,.4~ ~ (l•:7'. ~ 1' ~ -~ w ~ h 1 :, L___ ~~ :,: ;'% 14 I W y'~ 5~ ~ n 1nl l lr"Inv ^-r~lU IVVIIIV V V `: 1 111 ~- - - ~-- - - - - ~- -- -- L:.~ -- - Q-- - - (~-- -- a`-- - - r ~ ~ ~ ~ ,~ ~ ~ ~. ... vto'~tuur xs3 iM~ 1t ~ r~a~w.s ±.`°' eQ~ J~vwIl~1K T ~ ~ro.e gpOad P~mswa3ya• ~7~a~~'tii ~~~ ~ ~ E :~ ~ mo tt ~_ C c `~ W W W ~i~+ t L 1 ~ 1 ~ i ~ ~ ~ i ~ ~ ... ~ 1 ~ i _ _ I r ~ _~J i ~ I - ~ ~ _.i - -- - -- a-- -- - - - - { _~ i o ! ~ ~ -~ ~; ~~~ ~ ~ I , i E v_~ ~ ' - - - - - (-i- - - - - - ytl ~ ~ 1 iii ~~ j ~ ~ ~ _~ ~: ~ _~ i '~ -~ n ~ r .~ ~ ~ i ~ ~ 1 ~ I ~ _.t o I i f' - -, I i t i ~J~ ~ ~~ i ~i ~ f; ~ ~ I , o- --- -- _.~ -~~r~ - __ _ __- ~_-- - --'----- - , o- __- _ h-~= ~ , i ; ~ ,. ----,~ -------- -~ , ' . , fi ~- - - - - i ~ i ~~ _ `_ - '1 ~ I. I - - ~i- ' ~ ! ~t ~ ^^i V Page 1 of 2 Leeseberg, Chris From: Steven Dobberstein [Steve@sprinterelectric.com] Sent: Thursday, April 09, 2009 12:14 PM To: Leeseberg, Chris Subject: RE: Elk River CUP Chris, Thank you for asking me. 1. Yesterday, we had a meeting with our insurance carrier on this exact question. The answers is as follows: In most cases we probably will not have test driving except maybe around the building. This will be subject to approval of the local residents. If our insurance permits and all personal qualifications as set by our insurance provider are met then a route would be made possible so that the individual approved to test this scooter would have the opportunity to drive it. It is understood that the individual, business and the product are properly insured to keep our customers, guest, employees and neighbors safe. 2. Display of scooters. There is a concrete embankment on the front of the building. This is where during business hours I would like to display up to 5 units. They will not be in the parking area for autos or be able to be driven from the spot they are displayed. If, approved to be driven it will be taken out of the back overhead door and allowed to be driven as set by the standards of good driving and business practices. Scooter weekend event: Some centers have such an event. It's not for sure that we will do such, but if possible we would like to entertain the possibility. Since this is a Conditional use permit, I would like to entertain the option to communicate with you the city planning board and work together to make our business and the neighborhood a safe, fun, and secure neighborhood to do business. I also believe we will be able to create opportunity for other business to succeed in the Elk River area because of our business model. If you have further questions, I will be happy to discuss them further. Thank you, Sincerely, Steven Dobberstein www. S pri nterE lectric. co m Steve _SorinterElectric.com 763-546-8060 Check out our web site with the new DVD on safety, lighting and home wiring improvements. You`ll be glad you did! From: Leeseberg, Chris [mailto:CLeeseberg@ci.elk-river.mn.us] Sent: Thursday, April 09, 2009 8:41 AM To: Steven Dobberstein Subject: Elk River CUP Steve, Good morning. We had our site plan review yesterday. The two questions that came up were: 4/10/2009 Page 2 of 2 1. Is there going to be any test driving of the scooters? If so, where? 2. Do you plan on displaying scooters outside? If so, where and how many. If you could get me these answers this morning I would appreciate that, as the memo need to be complete this afternoon. Thank you. Chris Leeseberg ~ City of Elk River ~ 13065 Orono Parkway (Elk River, MN 55330 ~ 763.635.1033 Office ~ 763.635.1090 Fax (www.ci.elk-river.mn.us 4/10/2009 :~ .~ v.~ ~ ...~ _ ~x ~ ,~„~..: ~ ~n ~ IR' ~ ~~l~P _ ti ~~ f ~ ~' ~_ ((( rft r` } jht~ , d . i t K~ l~n k. ) ~4- T~ ~'w 'Sf ~' i t 3y ~ ~y k- 1 4 ) t ~_' ~ 9 y M h f T l '° ~ . ~~- r. ' ~ ~'~ s y F t ~ h ~~ ~ ii ~~r ~r~ 3 T ~. ~ ~ {~,` ~, _ i d t t y s t #''~~,, tfF~ ~ air_ n ~ y 'rb f. ~;` f 7 .~ ~. ~ ti r ' r .~~ t. ~ i x VV~~ ~ . k ,w~ x r~,~. ~ ~A ~ m ~y ~i~ w ~ '~;,~ a ' ~ ...Y t ~ F ,~!£,, : ~:. 1 3 t ~ c :~ ~>. GL <yqy}~ ~~ ~ '~ ~,z ~~ ~'~`~=gyp ~~>~ ~{ . ~,: „~ g: y~ :1 y. RT: ' ~~~~ N:; ..t.. ti, s'J are ~~ :: ~5~. V X< YK t MY ~ ~ r<g~y i f ~j f ~ ..~ ~ ~ µ~f~ ~. ~3 -Y.3 ~ E C.~ ter wj 4 5~. h 'l , ., ~` n ~, '~. 1~ R` r..~ w .~. TEST DRIVE ROUTE/AREA C~°` PROPOSED-NOT APPROVED .~.... River «~+N1 w~ i~ ~;: ~^ ~ ~ S Y ~ ~`~~, ~~J ~~ I rcF~ "~`~ eta •»~'"F) .. 't ~t ~ ~, ~,~ ~ ~ ; , ~ .~ ; »„ X?is~ ~~ 1 A L' ~ ~"'~ ~ ~ ~ ~{ r^' r ~~ rr~a r~ ~'E' ..~~~t ~~ t ~ y sY ' Y ^~ 1~ ' Y i~IC '~' »r y~ e^ . Y~ r ~ , ~ ,x -~ ~~~ ~~( 4 €~~_~ ~~~ ~~ . ~ ~ » a .,,~ k r~~ , ;_ ~ ~ ~ ` ~ :_ r r~yt~~` !Y 1 ~ ~' ~S DA1E: ' 4.14.2009 ~° A CML ^ek 763-753-9406 *~ 763-753-9406 2 ENTERPRISE AVE. SUITE A-4 ISANTI, MN 55040 WWW.RSMOTORSPORTSMN.COM 50cc Scooters 30+ MPH 100+ MPG 10" Rims ABS Disc Brakes Air Cooled No M/C License Needed MC-08-50 Reg. $999 MC-O1-50 Re $1,099 MP-SOC-JCL Reg. $1,149 MC-17-5u Keg. ~t,~yy MC-02-50 Reg. $999 g• 150cc Scooters 55+ MPH 70+ MPG 10" or 12" Rims ABS Disc Brakes Air Cooled MC-16-150 Reg. $1,499 3 Wheel Scooters 55+ MPH 70+ MPG 13" Aluminum Rims ABS Disc Brakes Air Cooled Roof 250cc Scooter 70+ MPH 70+ MPG 13" Aluminum Rims ABS Disc Brakes Liquid Cooled Radio MP-150F-JCL Reg. $3199 ~ I l MC-10-50 Reg. $1,049 MC-54-150 Reg. $1899 MP-ISOR-JCL Reg. $1,399 MC-17-150 Reg. $1399 MC-07-150 Reg. $1,499 MC-54-250 (ROKETA) OR MP-250-JCL Reg. $2399