REQUEST FOR PLANNING COMMISSION ACTION

REQUEST FOR PLANNING COMMISSION ACTION DATE: 8/6/2008 ITEM NO: 5b Department Approval Item Description: Agenda Section PUBLIC HEARINGS Request by Allen Lenz (d.b.a Scooter Central, LLC) for a CONDITIONAL USE PERMIT to allow the sale of scooters/mopeds at 2725 Fairview Avenue (PF08-031). 1.0 REQUESTED ACTION 1.1 Allen Lenz, in conjunction with property owner Roseville Properties, seeks approval of a CONDITIONAL USE PERMIT to allow the sale of new motor vehicles specifically scooters and mopeds up to 250 cc in engine displacement at 2575 Fairview Avenue. Project Review History Application submitted: June 27, 2008; Determined complete: June 30, 2008 Sixty-day review deadline: August 26, 2008 Project report recommendation: August 6, 2008 Anticipated Planning Commission action: August 6, 2008 Anticipated City Council action: August 25, 2008 2.0 SUMMARY OF STAFF RECOMMENDATION 2.1 The Planning Division recommends approval of the requested CONDITIONAL USE PERMIT; see Section 7 of this report for the detailed recommendation. 3.0 SUMMARY OF SUGGESTED ACTION 3.1 By motion, recommend approval of the requested CONDITIONAL USE PERMIT, pursuant to 1005 (Business Districts) and 1013 (Conditional Use Permits) of the City Code; see Section 8 of this report for the detailed action. PF08-031_RPCA_080608 Page 1 of 5

4.0 BACKGROUND 4.1 The property at 2575 Fairview Avenue has a Comprehensive Plan designation of Business (B) and a zoning classification of General Business District (B-3). 4.2 This CONDITIONAL USE PERMIT (CUP) request has been prompted by the applicant s desire to sell motorbikes, up to 7 of which would be displayed in the parking lot near the intersection of Fairview and Oakcrest Avenues. Despite the absence of specific recognition of scooters or mopeds in Roseville s City Code, Minnesota law defines these as motor vehicles. 5.0 STAFF COMMENTS 5.1 The subject tenant space lies next to the Play It Again Sports in an existing retail building. Section 1005.015 (Business District Uses) of the City Code allows motor vehicle sales in this location with an approved CUP. 5.2 Section 1013 of the Roseville City Code allows the City Council to grant CUPs for land uses that are conditionally permitted in a zoning district and, in order to protect the public health, safety, and general welfare, any additional conditions deemed necessary may be imposed that are above and beyond the licensing requirements or other operating regulations. 5.3 Minnesota law has a broad definition of motorcycles which essentially includes everything having three or fewer wheels, a seat, handlebars, and a motor, but it breaks out motorized- and electric-assisted bicycles, and motorized foot scooters as being somewhat different; the statutes also identify a Neighborhood Electric Vehicle (NEV), which is akin to a street-legal golf cart having a maximum speed of 25 mph. Depending on the speed and safety features on each of these vehicles, state statutes regulate where and how they may be operated. 5.4 Because of the difficulty of specifically defining mopeds and scooters, which terms can be used interchangeably, and that may look like or or, and vehicles as small as 50cc can look like or, Community Development staff believes that the motor vehicles that may be sold should be limited by factors other than physical description. PF08-031_RPCA_080608 Page 2 of 5

5.5 State statutes require vehicle registration, a license plate, and driver license to operate all motorcycles except the motorized foot scooter, which includes things that look like or (with a seat) or even, the last of which is commonly known by names like pocket bike. For this reason, Community Development staff believes that the simplest way to define or limit the vehicles to be sold would be as follows: motor vehicles requiring state registration, license plate, and driver s license, limited to motorcycles as defined in MN Statute 169 up to 250cc, motorized bicycles, and electric-assisted bicycles. 5.6 Because the same license and registration requirements pertain to NEVs, which represent another increasingly-popular alternative to the conventional automobile, Community Development staff believes it would be reasonable to allow them to be sold as well. NEVs look like or or. 5.7 On July 3, 2008 the Development Review Committee reviewed the application for the requested CUP. The only concerns were raised by the Fire Marshal who indicated that fire safety regulations restrict the amount of flammable liquids that may be stored in a space like a sales floor; in this case, the combined amount of gasoline in all of the motor vehicles and any gas cans may not exceed 10 gallons. 5.8 The Tower Place Master Plan, adopted into the Comprehensive Plan in 1998, called for sidewalks to be installed along roadways where none exist, which is consistent with goals in the current Pathway Master Plan. These requirements are typically triggered when significant improvements are proposed for a property; in this case, however, the only likely improvements might be minor tenant finish alterations, which would fall far short of the threshold for requiring a sidewalk. Although installation of a sidewalk could be required as a condition of approval of the CUP, Community Development staff believes that such a requirement would be unnecessarily onerous. 6.0 REVIEW OF CONDITIONAL USE PERMIT CRITERIA 6.1 Section 1013.01 (Conditional Use Permits) of the City Code requires the Planning Commission and City Council to consider the following criteria when reviewing a CUP application: a. Impact on traffic; b. Impact on parks, streets, and other public facilities; c. Compatibility of the site plan, internal traffic circulation, landscaping, and structures with contiguous properties; d. Impact of the use on the market value of contiguous properties; PF08-031_RPCA_080608 Page 3 of 5

e. Impact on the general public health, safety, and welfare; and f. Compatility with the City s Comprehensive Plan. 6.2 Impact on traffic: The current Institute of Transportation Engineers (ITE Manual, 7 th Addition) indicates that specialty retail which would characterize the entire retail building generates about 45 vehicle trips per 1,000 square feet of floor area on the average weekday, whereas a new car dealer generates about 25% fewer vehicle trips. The Planning and Engineering Divisions have thus determined that the proposed use would not have any greater impact on traffic than other permitted uses. 6.3 Impact on parks, streets and other public facilities: The Tower Place Master Plan called for the City to resolve the safety and access issues at the Oakcrest/Fairview intersection; these traffic issues have been repeatedly and thoroughly researched but no feasible solution has been found. Because the proposed scooter sales are predicted to generate less traffic than other permitted retail uses, however, the use will not exacerbate these existing issues and will not have an adverse impact on the City s parks, streets, and/or other facilities. 6.4 Compatibility with contiguous properties: No site modifications are proposed and the display of a handful of motorbikes in the parking area as a land use would be indistinguishable from parking customer vehicles in the parking area; thus the proposed use would not affect contiguous properties differently than the site currently does. 6.5 Impact of the use on the market value of contiguous properties: When a property is assigned Zoning and Comprehensive Plan land use designations, careful consideration is given to protecting the value of surrounding properties. In light of this, and because the proposed motor vehicle dealership is among the uses that are allowed in the B-3 District and is consistent with the business designation of the Comprehensive Plan, the Planning Division has determined that the proposed scooter sales will not have an adverse impact on the market value of contiguous properties. 6.6 Impact on the general public health, safety, and welfare: The Planning Division believes that the proposed motor vehicle sales will function as a typical specialty retail store or new car dealer which would have no discernable impact on the general public health, safety, and welfare. 6.7 Compatility with the City s Comprehensive Plan: A motor vehicle dealership is a conditionally permitted use in the B-3 General Business District and is compatible with the Comprehensive Plan designation of Business. Moreover, the Tower Place Master Plan designated this property and the property adjacent to the north for retail and small, multi-tenant business uses. PF08-031_RPCA_080608 Page 4 of 5

7.0 STAFF RECOMMENDATION 7.1 Based on the comments and findings outlined in Sections 5 and 6 of this report, the Planning Division recommends approval of the request for a CONDITIONAL USE PERMIT to allow the proposed sale of new motor vehicles pursuant to 1005.015 and 1013.01 of the Roseville City Code subject to the following conditions: a. Motor vehicles sold shall be those that require state registration, license plate, and driver s license, and shall be limited to neighborhood electric vehicles as defined in MN Stat. 169.01 subd. 91, motorized bicycles as defined in MN Stat. 169.01 subd. 4a, electric-assisted bicycles as defined in MN Stat. 169.01 subd. 4b, and motorcycles as defined in MN Stat. 169.01 subd. 4 which nominally do not exceed 250cc of piston displacement capacity; b. Outdoor displays shall not exceed 7 motor vehicles, shall not include accessories, and shall be limited to business hours; and c. Fuel in motor vehicle fuel tanks and any other storage containers shall comply with applicable Fire Code requirements. 8.0 SUGGESTED ACTION 8.1 By motion, recommend approval of a CONDITIONAL USE PERMIT for Roseville Properties and Allen Lenz (d.b.a Scooter Central) allowing the proposed motor vehicle dealership at 2575 Fairview Avenue, based on the comments and findings of Sections 5 and 6, and the conditions of Section 7 of the project report dated August 6, 2008. Prepared by: Attachments: Associate Planner Bryan Lloyd A: Area map B: Aerial photo C: Proposed site plan D: Excerpts of state statues PF08-031_RPCA_080608 Page 5 of 5

1970 1955 1928-1948 Attachment A: Location Map for Planning File 08-031 FAIRVIEW AVE N 2630 2625 2622 1914-1918 B / PUD 2616 W / R1 2619 1920 1900 2645 2611-2621 2608 2613 2605 1908-1912 B / PUD 2600 2594 1791 1785 1779 2599 1975 1925 1901 2579-2605 2586 2578 1799 ROSE PL 2571 2578 2572 2585 2579 2571 WHEELER ST 2575 B / B3 FAIRVIEW AVE N 2562 2565 2566 2565 OAKCREST AVE 2558 2557 BEACON ST 2558 2557 2550 2551 2552 2551 2544 2545 2544 2545 1900 1860 / 2525 B / B3 1920 1810 1802 1796 1790 1782 1762 1776 1770 SC / SC B / B4 1935 2495 2501 C / I1 2480 Location Map SC / SC PRIOR AVE Prepared by: Community Development Department Printed: July 16, 2008 Site Location Comp Plan / Zoning Designations Data Sources * Ramsey County GIS Base Map (7/3/2008) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7085. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to 0 100 200 Feet arise out of the user's access or use of data provided. mapdoc: planning_commission_location.mxd defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which

MILLWOOD AVENUE W Attachment B: Aerial Map of Planning File 08-031 S O R FAIRVIEW AVE N OAKCREST AVE Location Map Prepared by: Community Development Department Printed: July 16, 2008 Site Location Data Sources * Ramsey County GIS Base Map (7/3/2008) * Aerial Data: Ramsey County and Martinez Corp (4/2006) For further information regarding the contents of this map contact: City of Roseville, Community Development Department, 2660 Civic Center Drive, Roseville MN Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7085. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. 0 50 100 Feet

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Excerpts from 2007 Minnesota Statutes Attachment D 169.01 DEFINITIONS. Subdivision 1. Terms. For the purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them. Subd. 2. Vehicle. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Subd. 3. Motor vehicle. "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires. Motor vehicle does not include an electric personal assistive mobility device [e.g., Segway or wheelchair] or a vehicle moved solely by human power [e.g., bicycle or push scooter]. Subd. 4. Motorcycle. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motor attached, other than those vehicles defined as motorized bicycles in subdivision 4a, but excluding a tractor. Subd. 4a. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. "Motorized bicycle" includes an electric-assisted bicycle as defined in subdivision 4b. Subd. 4b. Electric-assisted bicycle. "Electric-assisted bicycle" means a motor vehicle with two or three wheels that: (1) has a saddle and fully operable pedals for human propulsion; (2) meets the requirements of federal motor vehicle safety standards in Code of Federal Regulations, title 49, sections 571.01 et seq.; and (3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii) is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is incapable of further increasing the speed of the device when human power alone is used to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or ceases to function when the vehicle's brakes are applied. Subd. 4c. Motorized foot scooter. "Motorized foot scooter" means a device with handlebars designed to be stood or sat upon by the operator, and powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, and that has either (1) no more than two ten-inch or smaller diameter wheels or (2) an engine or motor that is capable of a maximum speed of 15 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. An electric personal assistive mobility device, a motorized bicycle, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter. Subd. 91. Neighborhood electric vehicle. "Neighborhood electric vehicle" means an electrically powered motor vehicle that has four wheels, and has a speed attainable in one mile of at least 20 miles per hour but not more than 25 miles per hour on a paved level surface. 169.225 MOTORIZED FOOT SCOOTER. Subdivision 1. Application of traffic laws. Every person operating a motorized foot scooter shall have all rights and duties applicable to the operator of a bicycle [i.e., no license or registration is required] Page 1 of 2

46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES. Subdivision 1. Registration required. No person shall operate, drive, or park a motor vehicle on any highway unless the vehicle is registered in accordance with the laws of this state. Subd. 3. Rear display of single plate. If the vehicle is a motorcycle, motor scooter, motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one license plate must be displayed on the rear of the vehicle. 171.02 LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS. Subdivision 1. License required. Except when expressly exempted, a person shall not drive a motor vehicle upon a street or highway in this state unless the person has a license valid under this chapter for the type or class of vehicle being driven. Subd. 3. Motorized bicycle. (a) A motorized bicycle may not be operated on any public roadway by any person who does not possess a valid driver's license, unless the person has obtained a motorized bicycle operator's permit or motorized bicycle instruction permit from the commissioner of public safety. Page 2 of 2