HomeMy WebLinkAbout20080818 - VIII-B-1VIII-B-1
Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: August 18, 2008
Subject: Special Use Permit #2008-22 -Kid ATVs- Allow for retail sales in
the Industrial District - 2750 Millard Ave
REQUEST
Jim Smith, owner of Kids ATVs, seeks approval of a Special Use Permit to allow for the
following: _
1) Continued retail sales of ATVs
2) Expansion of current sales to include retail sales of motorcycles, scooters and
mopeds up to 250 ccs
The property is located at 2750 Millard Avenue in the Industrial Park. Kid ATVs has been
selling ATVs from this building since April 2007. The applicant desires to expand the
business to include the sales of mopeds, scooters, and motorcycles up to 250 ccs. The
sale of these items would require a dealership license from the State of Minnesota.
RECOMMENDATION
At the August 11, 2008, Planning Commission Meeting, the Planning Commission met on
the aforementioned item. The Planning Commission voted 5-0 to recommend approval of
the request subject to the following conditions of the attached resolution.
ATTACHMENTS
• Resolution
• Application
• Site Location Map
• Aerial View
Jim Smith -Retail sales in the Industrial Zone
Planning Commission Memo- August 18, 2008
BACKGROUND INFORMATION
Kid ATVs has been selling ATVs from this building since April 2007. Per the insurance
held by Kid ATVs, customers are not allowed to test drive the ATVs. However, employees
of Kid ATVs do test drive the machines on-site upon delivery. Test-drives occur in the
large grassy area to the north of the building. This practice would continue with the sales
of motorcycles, scooters, and mopeds.
The building for Kid ATVs is 4200 square feet and broken down into 3 sections. Twelve
hundred square feet are utilized for retail sales. There is a 300 square foot office area in
the middle of the building. The remainder of the building is a 2700 square foot
warehouse/workshop.
Zoning
The property is zoned I-1 -Industrial Park. Retail and service establishments as primary
uses of a building or property are permitted with a Special Use Permit in the Industrial
District.
Comprehensive Plan Classification
The use conforms to the 2020 Comprehensive Plan. The subject property is classified
Industrial.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Existing Use Zoning Comp Plan
North Vacant Building I-Industrial Park I-Industrial
East Twin City Container I-Industrial Park I-Industrial
South Waste Management I-Industrial Park I-Industrial
West Waste Management I-Industrial Park I-Industrial
SPECIAL USE PERMIT REVIEW
Special Use Permit Provisions
The Zoning Code defines and regulates special uses as follows:
Uses that would not be appropriate generally or without restriction throughout the zoning
district but, if controlled as to number, area, location, orrelation to the neighborhood, would
not detract from the public health, safety, and welfare. Special uses maybe permitted in a
zoning district if specific provision of such special uses is made in this Zoning Ordinance.
Access and Circulation
Vehicular access is provided from Millard Avenue.
Parking
Ten parking stalls are required as follows:
Jim Smith -Retail sales in the Industrial Zone
Planning Commission Memo- August 18, 2008
Site Required Spaces Actual Space
General Retail ~ 6 (1:200 s.f.) 6
1200 s.f.
General Office ~ 1 (1:300 s.f.) 1
300 s.f.
Warehouse and 2 (1:1,000 s.f. 3
Manufacturing ~ min. 1 per
2700 s.f. emplo ee
There are currently ten striped parking spaces and one non-striped parking space. Thus,
parking standards are met.
Trash and Recycling Enclosure
There is an existing trash dumpster on site. However, it is not currently enclosed.
1) A trash and recycling enclosure must be constructed. The enclosure must be
enclosed on all four sides, and be constructed with materials to match the primary
building.
Signage
All building signage will require a permit to be obtained from the Planning Department.
Oil Disposal and Gasoline
A minimal amount of waste oil is generated from the business. Used oil is disposed of
in a barrel located in the warehouse/workshop portion of the building. Waste
Management periodically picks up and disposes of the used oil.
Afive-gallon tank of gas is also stored in the warehouse portion of the building.
Neighborhood Comments
Notification was sent to property owners within 350 feet of the proposed activity. No
negative comments have been received at this time.
STAFF REVIEW
Staff feels that the retail sales of ATVs, motorcycles, mopeds, and scooters are an
appropriate use for the Industrial Park. In reviewing the C-2 Highway Auto-Specialized
Commerce Zone, staff does not feel Kids ATVS meets the criteria for this zoning district.
This is mainly due to Kids ATVs having compact space for outdoor displays or sales.
155.29, C-2 HIGHWAY AUTO-SPECIALIZED COMMERCE, (C) Uses by Special Permit,
"Commercial establishments requiring large sites for off-street parking or for outdoor
display and sales such as farm implement sale, auto and truck dealers, manufactured
home sales, and building material sales."
Jim Smith -- Retail sales in the Industrial Zone
Planning Commission Memo- August 18, 2008
The owners of Kids ATVs-will have a few vehicles outside the building during store hours.
However, these vehicles will be brought in at night and will remain inside when the store is
closed.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
A SPECIAL USE PERMIT TO ALLOW RETAIL SALES IN THE I-1 DISTRICT FOR
HIDS ATVs LOCATED AT
2750 MILLARD AVENUE, HASTINGS, MN
Council member introduced the fallowing Resolution and
moved its adoption:
WHEREAS, Jim Smith has petitioned for approval to operate Kids ATVs a retail and
service business in the I-1 Industrial Park Zoning District generally located at 2750 Millard
Avenue, legally described as follows:
Part of Lot 3, Block 1, HASTINGS INDUSTRIAL PARK NO. 1. Dakota County,
Minnesota commencing at the southeast corner of said lot; thencE; north on the east line
304.68 feet to the point of beginning; thence North 89 degrees, 33 minutes West 175 feet;
thence North 10 degrees, 41 minutes, 47 seconds West 199.08 feet to the north line;
thence east on the north line 2 i 3.46 feet to the northeast corner; thence south on the east
line 195.32 feet to the point of beginning.
WHEREAS, on August 11, 2008, review was conducted before the Planning Commission of
the City of Hastings, as required by state law, city charter, and city ordinance; and
WHEREAS, The Planning Commission recommended approva? subject to the conditions of
this resolution; and
WHEREAS, The City Council has reviewed the request a~ld recommendation of the
Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Special Use Permit as presented subject to the following
conditions:
1) Operation of ATVs, motorcycles, scooters and mopeds is limited to designated areas on the
property. Operation of unlicensed vehicles on adjacent and open areas is prohibited.
2) No unlicensed, unregistered, inoperable, or damaged scooters, motorcycles, mopeds, or
ATVs shall be stored outside overnight.
3) All work to be performed on the scooters, motorcycles, or ATVs shall be conducted inside
the building.
4) Adherence to Industrial Park Appearance Standards.
5) All waste fluids shall be contained within the building and disposed of in accordance with
state, county, and federal requirements.
6) A trash and recycling enclosure must be constructed for outside dumpster storage. The
enclosure must be enclosed on all four sides, and be constructed with materials to match the
primary building.
7) Approval may be subject to an annual review of conformance to the provisions of the special
use permit.
8) Approval of a dealership license from the State of Minnesota shall be restricted to allow for
motorcycles, scooters and mopeds up to 250 ccs. The sale of automobiles is prohibited.
9) Outside displays are limited to paved surface areas during business hours only.
10) Approval is subject to a one year Sunset Clause; if significant progress is not made towards
construction of the proposal within one year of City Council approval, the approval is null
and void.
Council member moved a second to this resolution and upon
being put to a vote it was unanimously adopted by all Council Members present.
Adopted by the Hastings City Council on August 18, 2008, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Melanie Mesko Lee
City Clerk
Paul J. Hicks, Mayor
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of August, 2008, as
disclosed by the records of the City of Hastings on file and of record in the office.
Melanie Mesko Lee
City Clerk
This instrument drafted by:
City of Hastings (KSB)
101 4th St. E.
Hastings, MN 55033
(SEAL)
LAND USE APPLICATION -CITY OF HASTINGS PLANNING DEPT
1014 St E, Hastings, MN 55033 -Phone: 651.480.2350 -Fax: 651.437.7082
Address of Property: 2750 Millard Ave Hastings MN 55033
Legal Description of Property: see Exhibit A - Attached Sheet
PID# 19 32000 033 01 Dakota County - Torrens
Applicant Name: Rid Atvs
Address: 2750 Millard Ave
_ Hastings MN 55033
Phone: 651-438-8941
Fax: 651-84~ 43ZZ
~~ sales@kidatvs.com
Properly Owner• Smith Properties
Address: 10950 Paris Ave S
Hastings MN 55033
Phone: 651-49 7 -514 6
Fax: 651-846-437.7
~~j; sales@kidatvs.com
Description of Request: Special Use Permit for Retail Sales
If requesting site plan review of multi-family units (three or more attached), are the units
intended #o be for sale or rental units?
Check Applicable Line(s) Please Noted All Fees and Escrows are due at time of application.
Rezone $500 _ Minor Subdivision $500
Final Plat $600 x Special Use Permit $500
Variance $250 _ Comp Plan Amend. $500
_ Vacation $400 _ Lot Split/Lot Line Adj. $50
._ House Move $500 _ Annexation $500 plus legal expenses
Prelim Plat $500 -}- escrow _ EAW $500 plus $1,000 escrow
Site Plan $500 + escrow
Please see reverse side for escrow amounts required.
Total Amount Due: $ 5 0 0.0 0 Make Checks payable to City of Hastings.
Please ensure that all copies of required
application for information.
~ay.a8'
A li ignature Date
documents aze attached. See reverse side of this
7-~9•-d ~
ignature Date
James R Smith Owner James R Smith Owner
Applicant Name and Title -Please Print Owner Name -Please Print
OFFICIAL USE ONLY 0$/2$/05
File # Recd By: Date Rec d:
Fee Paid: Receipt # App. Complete
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