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
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EXHIBIT A 4 0.2009
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TEST DRIVE ROUTE/AREA cML
River Nor TO SCALE
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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
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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
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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
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ABS Disc Brakes
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Roof
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13" Aluminum Rims
ABS Disc Brakes
Liquid Cooled
Radio
MP-150F-JCL Reg. $3199 ~ I l
MC-10-50 Reg. $1,049
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MP-ISOR-JCL Reg. $1,399
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$2399