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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 ?-,,,e- � R 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 w �' � �' _ _ � �. ✓, 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 6.1 REVIEW OF CONDITIONAL USE PERMIT CRITERIA 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. c. d. Impact on parks, streets, and other public facilities; Compatibility of the site plan, internal traffic circulation, landscaping, and structures with contiguous properties; Impact of the use on the market value of contiguous properties; PF08-031 RPCA 080608 Page 3 of 5