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HomeMy WebLinkAbout3- SUP Kids ATVs Memo To: Planning Commission Members From: Kari Barker, Associate Planner Date: August 11, 2008 SubjectSpecial 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. 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. Jim Smith – Retail sales in the Industrial Zone Planning Commission Memo- August 11, 2008 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, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be 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: Site Required SpacesActual 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. employee) Jim Smith – Retail sales in the Industrial Zone Planning Commission Memo- August 11, 2008 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. A five-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.” 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. RECOMMENDED ACTION Approval of the Special Use Permit is recommended 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. Jim Smith – Retail sales in the Industrial Zone Planning Commission Memo- August 11, 2008 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. 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. ATTACHMENTS Application Site Location Map Aerial View