060705 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 7, 2005
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chairman Svendsen called the meeting to
order at 7 p.m.
OATH OF OFFICE Mr. McDonald administered the oath of office to Pat Crough. The City
Council appointed Mr. Crough to the Planning Commission in February,
however, he was not able to attend the previous two Commission
meetings held this year.
Chairman Svendsen welcomed him on behalf of the full Commission.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Tim Buggy, Pat Crough,
Kathi Hemken, Jeff Houle, Roger Landy, Ranjan Nirgudé,
Tom Schmidt, Steve Svendsen
Absent: Bill Oelkers
Also Present: Kirk McDonald, Director of Community Development, Alan
Brixius, Planning Consultant, Steve Sondrall, City Attorney,
Shawn Siders, Community Development Specialist, Kim
Green, Community Development Assistant, Charles
Carlson, Community Development Intern, Pamela Sylvester,
Recording Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
PC05-07 Chairman Svendsen introduced for discussion Item 5.1, Request for
site/building plan review to allow a gymnastics school to locate in an
Item 5.1
industrial zoning district, 3980 Quebec Avenue North, Northwest
Gymnastics School/Samir Draoui and Winnetka Properties/Greg Harvey,
Petitioners.
Mr. Shawn Siders, community development specialist, stated that the
petitioner was requesting site and building plan review to allow a
gymnastics school to locate in an industrial zoning district. The adjacent
land uses are industrial properties to the north, south, and west, and city
of Crystal residential properties to the east. The site contains 3.06 acres
with one 29,900 square foot building on the site. The applicant was
proposing to relocate into one of the tenant bays in that building. Lot area
ratios are 33 percent green space, 22 percent building area, and 45 percent
asphalt and parking surfaces. The existing building is not being expanded.
The application is to accommodate the move of Northwest Gymnastics
School from 3971 Quebec Avenue to 3980 Quebec Avenue. The school has
been at the current facility since 1999 when a conditional use permit was
approved to allow the use in an industrial district. When the Zoning Code
was amended in 2001, the code was changed to allow a specialty school as
a permitted use in the industrial zoning district rather than a conditional
use prior to 2001. However, due to the change in occupancy from a
warehouse to a specialty school use, the applicant was required to apply
for site and building plan review to be sure building and fire code issues
are addressed, as well as parking to accommodate the applicant’s facility.
The gymnastics school would serve up to 40 students and hold an
occasional meet on the site with up to 50 people. Northwest Gymnastics
would occupy 7,921 square feet of floor area, and the hours of operation
would be Monday through Sunday from 8 a.m. to 9:30 p.m. City code
requires 1.5 parking spaces for every two students enrolled. In order to
accommodate 40 students, 30 parking spaces should be dedicated for the
school use. There are 73 parking spaces on the site. The plans indicate 22
dedicated for the gymnastics school leaving 51 stalls for the balance of the
building, and code requires 31 spaces. Northwest Gymnastics would need
an additional eight spaces, which would still leave an excess of parking on
the site, therefore, eight additional spaces should be dedicated to
Northwest Gymnastics.
Mr. Siders gave a brief background of the school, its philosophy and
students served.
Siders explained that the building currently has two other occupants: 1)
Automotive Concepts utilizes approximately 14,300 square feet, and
operates as an after market automotive custom shop; 2) Reprocessing
Products Corporation utilizes approximately 3,720 square feet and houses
its corporate office and warehouse/distribution center for dialysis
products manufactured elsewhere. After Northwest Gymnastics moves in,
there would be approximately 2,100 square feet of vacant space, which
may be utilized by Automotive Concepts for additional
warehouse/storage space.
Staff and the Design and Review Committee discussed the items related to
the school and the property. The school would occupy the southernmost
tenant bay in the multi-tenant building. There are six wall mounted
exterior lighting fixtures on this tenant bay. The Design and Review
Committee and staff recommended that another light be installed on the
building or in the parking lot to illuminate the southeast corner of the
parking lot, and the building owner indicated he would comply with this
request. Mr. Siders indicated the building owner had cooperated with
West Metro Fire in the past to improve the traffic circulation around the
building, therefore, no additional improvements are requested at this
time.
Northwest Gymnastics currently utilizes a four-foot by four-foot (16
square feet) wall sign and is proposing to move that sign to the new
location. The sign would be placed above the front entrance. The building
does not have an approved comprehensive sign plan in place. Each tenant
is responsible for their own signage, which is limited to 15 percent of the
wall fascia or 100 square feet. All trash would be managed within the
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Planning Commission Meeting June 7, 2005
building. The applicant submitted two floor plans: one for practice times
and another for meets. Four access points are available in the tenant bay.
Mr. Siders explained that due to the intense industrial use at the north end
of the building, the four exits would have exit lighting and panic
hardware would be installed on the doors. The building owner is in the
process of installing a fire notification system so if there was a problem at
Automotive Concepts, an alarm would sound at Northwest Gymnastics to
notify them to vacate the building. Fire extinguishers would be installed at
75-foot intervals along the walls. Two restrooms are indicated on the floor
plans, which is in compliance with the building code.
The Design and Review Committee requested a layout of the floor plan to
be used during competitions. Most of the practice equipment would be
removed and spectator seating would be provided beneath the mezzanine
and in the mezzanine area overlooking the floor. If an agreement can be
reached between the building owner and building official on what
improvements need to be done, the mezzanine can be used for a viewing
area by the public. No additional landscaping is required as part of this
application.
Mr. Siders reported several miscellaneous concerns regarding the
building and one of the existing tenants that are not related to Northwest
Gymnastics’ planning application. Automotive Concepts has been
utilizing an excess number of parking spaces for customer vehicles on the
site as well as additional outdoor storage for parts. The building owner,
Mr. Greg Harvey, has offered a number of options to resolve this matter,
including: 1) have Automotive Concepts utilize the vacant 2,100 square
foot tenant bay for storage of equipment, 2) require tenant to file a CUP
with the city to rent 12 parking spaces from the owner’s other property
across the street for customer and employee parking; 3) construct an
additional on-site surface parking area; and 4) if tenant does not comply
within a reasonable amount of time, have the city notify the tenant that
they are not in compliance with the Zoning Code and if the problem
persisted the tenant would be in default of their lease and could be
evicted, however, this is a solid New Hope business and would not be the
best option. Mr. Harvey indicated he would construct dumpster
enclosures for the other tenants separate from Northwest Gymnastics.
There is a minor problem with the contractor installing the fire
notification system in a timely manner and Mr. Harvey has requested
additional time until September 15, 2005, to have that system installed.
The building owner did state that he would have a plan of action to
address the outdoor storage and parking of vehicles with Automotive
Concepts in place by July 15, 2005. Staff recommends that these issues
remain separate from the application by Northwest Gymnastics so they
can open at the new location around July 1.
Mr. Siders summarized the request and stated that staff was supportive of
the request. The applicant indicated the school would accommodate 40
students and an occasional meet and the building owner has indicated he
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Planning Commission Meeting June 7, 2005
would provide dumpster screening for the other tenants in the building
and develop a plan to accommodate the excessive outdoor storage and
parking. Northwest Gymnastics has been a good business in the city and
the property owner has been cooperative with the city in the past with
improvements to his properties. Siders stated staff recommends approval
of the request subject to the conditions in the planning report.
Commissioner Nirgudé confirmed that the applicant met the requirement
for 30 parking spaces. He suggested that wording in the conditions
include language stating the applicant must meet the requirement, per
city code.
Commissioner Brinkman asked for clarification on the location of the
parking spaces designated for Northwest Gymnastics. It was noted that
the 15 spaces on the south side of the building, three at the southeast
corner and four at the southwest corner were designated for the school,
totaling 22 spaces. Eight additional spaces would need to be designated
on the plan. Brinkman added that upon driving past the site, there did not
appear to be enough open parking spaces for the school use. Chairman
Svendsen confirmed that the city and property owner were working with
Automotive Concepts on that issue and would have the issues resolved by
September 15. Three months was requested in the event additional
parking area would need to be constructed on site or if a conditional use
permit application for parking would need to be submitted and approved.
Chairman Svendsen reiterated that there were two separate issues being
discussed. First was the request for site and building plan review for
Northwest Gymnastics. Second was the issue with the current tenant. The
goal would be to deal with the issues separately. Both are related to the
building, but the Automotive Concept issue was not related to the
planning case for the gymnastics school.
It was noted that the stalls for Northwest Gymnastics would be identified
with signage.
Mr. Greg Harvey, managing partner of Winnetka Properties, 7145
Sandburg Road, Golden Valley, came to the podium. He stated Winnetka
Properties has had a good relationship with the city for the past 30 years,
they want to cooperate with the city now, and would address all concerns.
Commissioner Nirgudé stated that the city was pro businesses and was
glad to have Northwest Gymnastics remain in New Hope.
Mr. Harvey explained that he had met several times with Automotive
Concepts regarding the parking and storage issues. After the last meeting,
Automotive Concepts was receptive to utilizing the vacant 2,100 square
feet to become compliant. Customer vehicles are being stored on site for a
longer time than necessary until work is completed. One solution may be
for them to rent 12 spaces across the street at the other building owned by
Winnetka Properties. After the gymnastics school moves, Swan
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Planning Commission Meeting June 7, 2005
Ornamental Iron may take over the entire building and would not need all
of the parking spaces provided. A second solution may be to construct a
fenced parking area where vehicles could be stored. This would be a more
expensive solution in the amount of $70,000 to 75,000. Automotive
Concepts has been a tenant for five years and they are outgrowing this
space. Their lease expires in two years and Mr. Harvey anticipates they
may look for a larger space at that time and a new tenant may not need
any outside storage. Mr. Harvey also stated that he was requesting help
from city officials if the business did not comply with the requirements of
the outside storage. They would then be in default of their lease and could
be evicted, although this would not be the best option.
Chairman Svendsen reiterated that the lighting at the southeast corner of
the property was to be corrected and Mr. Harvey responded that a light
was scheduled to be installed today. The issues identified by the building
official included the fire wall, railing spacing on both the dock and
mezzanine, and Mr. Harvey confirmed that those issues would be taken
care of. The signage for the exits and emergency lighting is in place and
functional. The panic hardware has been ordered and should be installed
by the end of this week or prior to the school opening in this location.
Chairman Svendsen confirmed that each tenant was responsible for
signage and that it would be in compliance with the city’s Sign Code.
Discussion ensued on the fire notification system and how it works by
notifying other tenants in the building of a drop in pressure or other
problem, and the company that monitors the system. West Metro Fire also
requested that strobes and horns be installed. Automotive Concepts
installed a fire suppression system on a paint booth they installed, which
created a need to upgrade the building-wide system. Mr. Harvey stated he
has been working on these issues. Fire notification systems are required in
multi-tenant commercial buildings or when there is a change of use, and
according to the Fire Code and West Metro District policy.
McDonald confirmed that with any building change, either in occupancy
or an addition, the city tries to have the fire suppression system upgraded.
He added that if the building owner had not agreed to make changes to
the system, he was not sure the city could have forced him to do it.
Commissioner Anderson initiated discussion on whether there would be
adequate parking by July 1 if a solution to the problem with Automotive
Concepts and the building owner was not reached until mid-September.
Mr. Harvey stated that Automotive Concepts was aware that the
gymnastics school would be moving in on July 1 and those parking stalls
would not be available to them. Mr. McDonald added that at the Design
and Review Committee meeting it was mentioned that Planning
Commission members and City Council members drive by the sites to
view the properties prior to meetings, and suggested that Mr. Harvey
have Automotive Concepts remove some of the vehicles by the end of this
week.
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Planning Commission Meeting June 7, 2005
Commissioner Crough indicated there may be space available for parallel
parking or straight in parking on the site to create eight more spaces. Mr.
Harvey responded that he was researching the possibility of creating eight
additional stalls at the south end of the building for the gymnastics
school. If there is adequate room, Mr. Harvey stated the architect would
submit a new site plan to the city showing the additional parking.
Commissioner Houle confirmed that a plan to address all the issues with
Automotive Concepts would be in place and implemented by July 15.
Houle advised Mr. Harvey that he let the City Council know that he was
working toward a resolution of the issues with an end date in place.
Chairman Svendsen stated that the city appreciated Mr. Harvey’s
cooperation with the city on these issues as well as in the past.
Mr. Harvey questioned whether the trash enclosures were necessary as no
one could see behind the building. It was noted that screened trash
enclosures were a requirement of the city code.
Mr. Samir Draoui, owner of Northwest Gymnastics School, came to the
podium.
Commissioner Nirgudé commented that if Mr. Draoui was limited to 30
students and 22 parking spaces at his current facility, that maybe he
would not need the additional parking immediately. The new location has
an over abundance of parking on site, so the required amount of stalls
should not be an issue. Commissioner Buggy questioned if the applicant
pays extra rent for additional parking spaces and the response was “no.”
Discussion ensued on the public’s use of the mezzanine area and the
structural strength of the mezzanine to carry additional weight. Chairman
Svendsen stated that if the mezzanine complied with the building code,
the city could not prevent the applicant from utilizing it for a viewing
area. This is one of the conditions of approval. Commissioner Houle
interjected that this had been discussed at the Design and Review
Committee meeting and any building code items would be handled by the
building official during the building plan review. The Planning
Commission deals with the zoning issues and ordinances and not the
building and fire codes.
Commissioner Brinkman stated he felt Mr. Draoui should be allowed to
run his business. As the parent of a former gymnast, he felt the mezzanine
was an appropriate area to view competitions.
Commissioner Nirgudé questioned the use of the temporary sign at the
new location. It was noted that a small directional sign would be allowed
per the Sign Code.
It was noted that a roll-out trash container would be kept inside the
building until pick up. Mr. Harvey interjected that he may construct a
central dumpster area for the entire building to utilize.
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Planning Commission Meeting June 7, 2005
There being no one in the audience to address the Commission, the public
hearing was closed.
Motion by Commissioner Landy, seconded by Commissioner Buggy, to
close the public hearing on Planning Case 05-07. All voted in favor.
Motion carried.
Commissioner Houle stressed concern for putting an assembly occupancy
in an industrial building when the fire notification system may not be in
operation until after July 1. Mr. Harvey indicated the fire sprinkler system
would not be shut down during the installation of the alarm system.
MOTION Motion by Commissioner Houle, seconded by Commissioner Nirgudé, to
Item 4.1 approve Planning Case 05-07, Request for site/building plan review to
allow a gymnastics school to locate in an industrial zoning district, 3980
Quebec Avenue North, Northwest Gymnastics School/Samir Draoui and
Winnetka Properties/Greg Harvey, Petitioners, subject to the following
conditions:
1.The building owner designates 30 parking spaces for Northwest
Gymnastics
2.Install additional direction lighting at the south end of the building
to illuminate the parking spaces in the southeast corner of the lot.
3.Install panic hardware on three of the fire exits.
4.Install fire extinguishers at 75 foot travel distance intervals.
5.Provide an illustration of the proposed sign for city approval of the
sign and its location.
6.Mezzanine area may be used as a spectator area if it complies with
all applicable building codes as directed by the city’s building
official. Otherwise, the area will be restricted to employees only use
and will be signed “employees only.”
7.The dumpster enclosures for other tenants and building wide fire
notification system are required to be installed by September 15,
2005.
8.The property owner provides the city with a plan of action to
address the outdoor storage and parking of vehicles of the
adjoining tenant by July 15, 2005. Once that plan has been filed
with the city, the owner will have until September 15, 2005, to
comply. If the concerns have not been addressed by September 15,
2005, the city will file a letter with the tenant that they are non-
compliant with the zoning code and the city will take the necessary
measures to ensure the entire site is compliant with the code.
9.No proposed layout will block any of the fire exits.
10.The applicant provides a meet layout indicating spectator viewing
areas.
Voting in favor: Anderson, Brinkman, Buggy, Crough, Hemken, Houle,
Landy, Nirgudé, Schmidt, Svendsen
Voting against: None
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Planning Commission Meeting June 7, 2005
Absent: Oelkers
Motion carried.
Svendsen stated that this planning case would be considered by the City
Council on June 13 and asked the petitioners to be in attendance.
Design and Review Svendsen reported that the Design and Review Committee met in May
with the petitioners. Mr. McDonald stated the development at 42nd and
Committee
Quebec avenues would probably be submitting plans, as well as Rosalyn
Item 6.1
Court Apartments conversion to condominiums. The deadline is June 10
and the committee would be contacted regarding a meeting on June 16.
Commissioner Nirgudé was invited to attend the meeting as
Commissioner Schmidt indicated he would be out of town.
Codes and Standards Commissioner Hemken reported that the Codes and Standards
Committee did not meet in May. McDonald added that the committee
Committee
would probably meet again in July to finish discussing the transit shelter
Item 6.2
ordinance, initiate discussion on the 60-day rule for approving planning
applications to comply with state law, and several other minor code
amendments.
OLD BUSINESS Mr. McDonald updated the Commission on the group home variance
request. The Council had directed the city attorney to prepare findings of
Miscellaneous Issues
fact for denial, which the Council approved, but which would become
null and void if a letter was received requesting an extension. The city did
receive a letter requesting the extension. He explained that normally the
City Council would need to take action on a planning application within
120 days unless the petitioner requested an extension. The petitioner
would like to reach a compromise with the city.
NEW BUSINESS Motion was made by Commissioner Landy, seconded by Commissioner
Hemken, to approve the Planning Commission minutes of May 3, 2005.
All voted in favor. Motion carried.
ANNOUNCEMENTS Chairman Svendsen reminded the commissioners of the Parks and
Community Development bus tour on June 20 and encouraged
commissioners to attend.
Mr. McDonald introduced Kim Green, community development assistant,
and Charles Carlson, community development intern, to the Commission.
He stated Ms. Green would be focusing on redevelopment activities,
including the Bass Lake Road Apartment site, and Mr. Carlson would be
working on a variety of projects, including Codes and Standard
Committee issues.
McDonald stated that the city had received four Requests for
Qualifications for the Bass Lake Road Apartment site, which were
presented to the Council at a recent work session. Staff would be rating
the RFQs over the next few weeks and taking that information back to the
Council, and then would be requesting Requests for Proposals from the
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Planning Commission Meeting June 7, 2005
developers for a housing project on the site.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:12
p.m.
Respectfully submitted,
Pamela Sylvester
Recording Secretary
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Planning Commission Meeting June 7, 2005