Focus Area: Economy, Community Development
Staff Contact: Jessica Schuller, Senior Planner
Subject: SU24-0003: Special Use Permit for Motor Vehicle Sales (Golf and Utility Carts) for Icon Midwest; Applicant: Curtis Petersen, Polsinelli PC
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Consideration of Resolution No. 25-1001 (SU24-0003), requesting approval of a special use permit for Motor Vehicle Sales (Golf and Utility Carts) for Icon Midwest on approximately 1.08 acres; located at 1301 E. Santa Fe Street. Planning Commission recommended approval 8 to 0.
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Summary:
This is a request for a special use permit (SUP) to allow motor vehicle sales at 1301 E. Sante Fe Street, specifically for golf and utility carts for ICON Midwest (sold by Outlaw Golf Carts). ICON makes several different models including Golf Carts, People Movers, and small Utility Carts, as provided by the applicant in Attachment A of the proposed Resolution. The subject property is currently zoned C-3 (Regional Center), which requires approval of a SUP for motor vehicle sales per Unified Development Ordinance (UDO) 18.20.500.
The site is currently developed and consists of a 4,049 square foot building previously occupied by Tint World. No changes to the existing building, parking lot or lighting are proposed. ICON Midwest requests to display a total of 15 golf and utility carts in the existing parking stalls adjacent to Santa Fe Street, to be moved inside the building during overnight hours. Additional landscaping and rooftop utility screening will be installed prior to occupancy.
The Santa Fe Street corridor is identified as a specific study area as part of the Comprehensive Plan update currently underway. As with the existing PlanOlathe Comprehensive Plan, it is anticipated that the updated Plan will recommend strategies for creating a more pedestrian friendly corridor with less focus on auto-oriented uses, including vehicle sales. Additionally, the current UDO requires buildings to be placed along roadways rather than parking or outdoor display areas; therefore, the requested parking configuration would not be typical as redevelopment occurs on Santa Fe. Therefore, staff recommends that only five (5) golf and utility carts be displayed outdoors at any time, and that the carts be located directly adjacent to the building rather than adjacent to Santa Fe Street.
During the Planning Commission meeting, several commissioners discussed a desire to compromise with the applicant on the number of display vehicles along Santa Fe, and stated that visibility of the carts is important in order to establish the new business and display different model types. The Planning Commission recommended changes to stipulation No. 2 as presented by staff. These changes include permitting 10 outdoor display carts, and allowing them to be displayed adjacent to Santa Fe Street.
The complete list of revised stipulations, as recommended by the Planning Commission are:
1. The special use permit to allow motor vehicle sales for golf and utility carts only, equal or similar to those depicted in Attachment A, is valid for a period of two (2) years following the date of Governing Body approval. The sale of any other motor vehicle types is prohibited.
2. The maximum number of golf and utility carts permitted to be parked outdoors is ten (10).
3. Golf and utility carts are only permitted to be displayed outdoors between the hours of 9:00 AM and 5:30 PM; they must be stored inside the building at all other times.
4. Golf and utility carts for inventory, sales, or display must be located in designated, striped parking stalls and must not be located in driveways or on lawn areas.
5. No cart or vehicle display risers are permitted outdoors.
6. Site landscaping must be replaced and maintained in accordance with the landscape plan, dated November 12, 2024.
7. Roof top utility equipment must be fully screened, per UDO 18.30.130, including modification of the existing screen wall to meet or exceed the height of the existing equipment.
8. Wind signs, including pennants, streamers, balloons, whirligigs, feather flag banners or similar devices, are not permitted within the front yard or corner side yard.
9. No outdoor storage of equipment or materials is permitted unless completely screened per UDO 18.30.130.
The Planning Commission held a public hearing on December 9, 2024, and no individuals spoke during the hearing. The Planning Commission voted 8-0 to recommend approval of SU24-0003 as presented in the meeting minutes. The attached resolution (Attachment C) reflects the amendments to the stipulations as recommended by the Planning Commission for City Council consideration.
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Financial Impact:
None
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Action Needed:
1. Approve Resolution No. 25-1001for a special use permit for motor vehicle sales (majority vote of the Councilmembers present required).
2. Deny Resolution No. 25-1001 for a special use permit for motor vehicle sales (five positive votes required).
3. Return the application to the Planning Commission for further consideration with a statement specifying the basis for the Governing Body’s failure to approve or disapprove (majority vote of the Councilmembers present required).
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Attachment(s):
A. Planning Commission Packet
B. Planning Commission Minutes
C. Resolution No. 25-1001