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110403 planning CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES November 4, 2003 City Hall, 7:00 p.m. CALL TO ORDERThe New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chairman Landy called the meeting to order at 7 p.m. ROLL CALL Present: Anderson, Barrick, Brauch, Buggy, Landy, O’Brien, Svendsen Absent: Hemken, Oelkers Also Present: Kirk McDonald, Director of Community Development, Steve Sondrall, City Attorney, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PC03-16 Chairman Landy introduced for discussion Item 4.1, Request for conditional use permit to allow a commercial recreational facility in an industrial zoning Item 4.1 district and a variance from the arterial street access requirement, 8801 Science Center Drive, Thunder Alley Indoor Speedway, Inc./CSM Equities, Petitioners. Mr. Kirk McDonald, director of community development, stated that the applicant was requesting a conditional use permit to allow a commercial recreational facility in an industrial zoning district and a variance from the arterial street access requirement. The property is located in an industrial zoning district on the southwest quadrant of Science Center Drive and Boone Avenue. The site is surrounded by industrial properties, with the North Ridge Care Center somewhat to the north and east across Boone Avenue. The site contains 11.3 acres. The building area contains 130,140 square feet, or 26 percent of the entire lot, parking occupies 23 percent of the lot, and the balance of the site, 51 percent, is green space. The site is located in Planning District 3 of the Comprehensive Plan, which indicated this area of the city has a strong industrial base in excellent condition. The building is currently vacant. Thunder Alley Indoor Speedway submitted an application for a CUP to operate an indoor carting and corporate entertainment center at 8801 Science Center Drive. The applicant was proposing to relocate, from Brooklyn Center, an indoor go-cart facility into an existing building within an industrial area. The proposed use would include indoor go-cart tracks for children and adults, an on-site restaurant, office and meeting room space. The October 10 narrative stated Thunder Alley felt the business would enrich the community of New Hope and the surrounding business community. Corporate and private groups utilize their facility. They host events for Thursday’s Child, AASP, the Arthritic Foundation, and a variety of other organizations. Thunder Alley offers two different tracks to accommodate all age groups, and they pride themselves on past track safety records. The selection of different carts and barrier systems make the tracks the safest available. Their European engineered barriers also allow them to change the track configuration to always make it exciting and new for their customers. Additional correspondence was submitted with the revised plans that detailed the changes in the plans. McDonald reported that the purpose of a conditional use permit was to provide the city with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, the city may consider the nature of adjoining land or buildings, similar uses provide the city with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, the city may consider the nature of adjoining land or buildings, similar uses already in existence and located on the same premises or close by, the effect upon traffic into and from the premises. Commercial recreation facilities are defined to include cart tracks and are a permitted conditional use within the industrial district. In determining whether to approve or deny a CUP, the City Council and Planning Commission shall find that the CUP complies with specific criteria. The burden of proof demonstrating compliance is the responsibility of the applicant. 1) The property is guided for industrial use and the proposed use is a permitted conditional use within this district. An existing vacant building would be utilized with the approval of this business. 2) The proposed use is a permitted conditional use within the industrial district and the applicant would be using an existing building within this district. 3) The proposed use shall comply with all applicable performance standards contained in the Zoning Code as a condition of approval, unless waived by the City Council. 4) The use would utilize an existing building within the industrial district and would be completely contained therein. The use should not adversely affect the area. 5) The applicant indicated that it would provide noise decibels related to the use. In addition, the applicant would install a ventilation system in compliance with all applicable codes and ordinances. 6) The proposed use would provide an economic return to the community, as it would bring a new commercial recreational use to the city. Additional criteria related to commercial recreational facilities would include street access to the building, compatibility of the building in appearance, lighting to be shielded from a residential zoned use, entire area other than that occupied by buildings or plantings should be surfaced with a bituminous or concrete material to control dust and drainage, and landscaping plan to be provided and subject to the approval of the city. With regard to the variance, McDonald explained that the access issue was a hardship created by the specific terms of the Zoning Code, which required recreational facilities to have direct access to an arterial street. Upon review of the application and the proposed use of the existing facility in the industrial district, staff determined that traffic issues might better be averted by permitting continued access via Science Center Drive, a neighborhood collector street. McDonald stated that the city engineer believed that the use would be adequately served by a collector street and that the ordinance should be amended to eliminate the requirement of access via an arterial street. The access issue was specific to this property and was not generally applicable to other properties within the same zoning district. The hardship was unique to the parcel and had not been created by the landowner. Permitting continued access to the existing building via Science Center Drive would not alter the essential character of the neighborhood, would not impair an adequate supply of light and air to adjacent property, increase the congestion on the public streets, or increase danger of fire or public safety. Permitting continued access to the existing building via Science Center Drive would be the minimum action required to eliminate the hardship. Commercial recreation facilities are defined to include cart tracks and are a permitted conditional use within the industrial district. McDonald stated that staff, the planning consultant, and the Design and Review Committee reviewed the plans and discussed parking, sidewalk/ entrance, lighting, landscaping, fuel storage, building code issues, loading docks, signage, hours of operation, and the go carts. Revised plans were submitted as a result of those meetings, which included the following details. Lighting should be hooded and so directed that the light source 2 Planning Commission Meeting November 4, 2003 would not be visible from the right-of-way or from a residential use zone. The plans do not indicate any proposed additional lighting for the parking areas or surrounding property. The applicant should provide a photometric plan prior to the City Council meeting. The plans indicate that existing submitted as a result of those meetings, which included the following details. Lighting should be hooded and so directed that the light source would not be visible from the right-of-way or from a residential use zone. The plans do not indicate any proposed additional lighting for the parking areas or surrounding property. The applicant should provide a photometric plan prior to the City Council meeting. The plans indicate that existing landscaping includes maple and pine trees. No additional landscaping was proposed for the site. The amount of landscaping near the front entrance has been reduced, as recommended. All setbacks comply with the code. The applicant was proposing to install 550-gallon outdoor aboveground fuel storage tank on the site, which meets all Minnesota standards on secondary containment and would sit on a six-inch deep 8 by 10 platform surrounded by a four-foot fence. The location of the fuel tank would be directly behind the building in the rear parking lot. That location was selected due to underground power lines and the fact that a vent pipe would be 12 feet above ground and five feet from any building opening. The New Hope Zoning Code does not set forth specific parking standards for commercial recreational uses. Uses not specifically referenced are to be determined on an individual basis by the City Council and based on factors including national parking standards, parking standards for similar businesses and land uses, expected volume and turnover of customer traffic. The plans depict 228 parking stalls. The Zoning Code requires 90 degree parking stall dimensions of 8’9” by 19 feet. Existing stalls are slightly smaller than code requirements, but staff felt the size would be okay due to the existing condition. Calculations used to determine the number of parking stalls included American Parking Association standards for a go-cart track and New Hope standards for the type of building, which indicated the need for 104 stalls. The existing parallel parking spaces in front of the entrance have been eliminated per the recommendations of the Design and Review Committee and city staff. McDonald continued by stating that the applicant indicated that deliveries would occur through the front door of the building and that major use of the loading docks was not anticipated. Any loading activities that would require the use of the loading docks would occur at times other than normal business hours. The plans indicated existing sidewalks in front of the building (north side). Existing sidewalks should provide adequate pedestrian access for the proposed use. No signage plan had been submitted yet, however, the applicant indicated that they would be installing a wall sign on the north side of the building directly over the entrance. The size and type of sign are not indicated. The applicant would also install an illuminated sign on the east side of the building facing Boone Avenue with lighted letters that would read “Indoor Karting” or “Thunder Alley Indoor Karting.” The size of the lettering is not indicated in the application. Wall signs are permitted within the industrial district. Tenants occupying a corner location are permitted to display identification signs to both street frontages. No individual tenant sign may exceed 100 square feet in area. The applicant was proposing to construct and install a new pylon sign to replace the existing pylon sign on the northeast corner of the site. The sign would be eight feet in length and six feet in height and would be illuminated. The code states that freestanding signs should not exceed 100 square feet or exceed 30 feet in height. The plans show a trash receptacle located within the rear loading dock area. The floor plan indicated two cart tracks, one for kids and one for adults. Both tracks have pit areas. On the west side of the interior space, cart repair and arcade areas are shown. The applicant would need to apply for appropriate permits or licensing with the city clerk for the arcade. Restrooms are located in both the track and front office areas. The front area on the lower level would include four offices, storage, restaurant/kitchen, three meeting rooms, waiting area, gift shop, break 3 Planning Commission Meeting November 4, 2003 room and restrooms. The second level office plan shows two offices, a large meeting room, storage areas, and restrooms. Accessibility issues need to be addressed before this portion of the building is utilized for public use (elevator or lift). The applicant is aware of this situation and indicated area on the lower level would include four offices, storage, restaurant/kitchen, three meeting rooms, waiting area, gift shop, break room and restrooms. The second level office plan shows two offices, a large meeting room, storage areas, and restrooms. Accessibility issues need to be addressed before this portion of the building is utilized for public use (elevator or lift). The applicant is aware of this situation and indicated they would comply with ADA standards prior to public use of this second level. The building official was concerned that no photometric plan had been provided. There are also many issues with various code requirements that must be dealt with at the time of the building permit application process. The city engineer indicated in correspondence that two-way traffic must be maintained in front of the building entrance and sidewalks should be provided along the building to provide efficient pedestrian access to the parking lot. The police department was concerned with the need for adequate lighting on the exterior of the building. West Metro Fire stated that horn and strobes should be provided throughout the space, a fire alarm pull station would be required behind the front counter, as well as fire extinguishers. The building is fully sprinkled. McDonald summarized that the proposed use was a good re-use of a vacant industrial building and would bring a new business to the city. The use would be located on good transpiration routes, and would be isolated from residential areas so as not to create a nuisance or land use conflict. Staff was recommending approval subject to the conditions in the staff report. Mr. Sam Baxter, 20140 Vance Street, Elk River, came forward to address the commission. He stated that the photometric plan would be submitted later this week. Commissioner Svendsen requested clarification on the number of carts per race and was told that approximately 10 to 12 adult carts were on the track at one time. Svendsen reiterated that he felt parking would not be an issue on the site. Pedestrian access should not be an issue either with a small number of vehicles on site at any one time. He did not feel that the landscaping should be eliminated to install a sidewalk on the east side of the building. Patrons would probably walk from their car, through the parking lot, to the building entrance. He added he felt this would be a great use of the space. Commissioner O’Brien questioned the safety of the fuel tank. Mr. Baxter stated that the fuel tank had been state certified at the Brooklyn Center location. The tank has a double wall and has a built-in secondary containment. There would be a decorative stone wall constructed around the tank. He stated depending on the weather, they would try to construct the wall yet this fall, but may have to do the work in the spring. If the work cannot be done this fall, they would put up a temporary fence around the tank for the winter. The tank would not be visible with the wall around it. Three posts encased in cement would be installed in front of the fuel tank. Baxter stated that the fire marshal was requesting a red stop button on the tank. No smoking signs would also be posted. A chain link fence would be installed across the top so no one could get inside the fenced area. A padlock would be on the gate/tank. Thunder Alley staff would fill a 30- gallon portable tank from the fuel tank and take the portable tank inside to fuel the go-carts. Near the rear loading dock in the existing building is an explosion proof room that would be utilized to store the fuel and any other needed chemicals. A switch inside the building would shut off power on the tank so no one other than employees could get gas out of the tank. 4 Planning Commission Meeting November 4, 2003 Commissioner Brauch initiated discussion on why Thunder Alley was leaving Brooklyn Center. Baxter indicated that through the bankruptcy of Kmart, the subsequent building owner raised their rent substantially. Commissioner Buggy questioned where the trash receptacle was located and was told that the trash containers would be located indoors, rolled out the night before pick up and put back inside after the trash collection. No one in the audience wished to address the Commission, and the public hearing was closed. Motionseconded by Commissioner Svendsen, by Commissioner Buggy, to close the Public Hearing on Planning Case 03-16. All voted in favor. Motion carried. Commissioner Svendsen questioned what the decibel reading might be for this use. Mr. Baxter responded that information would be given to the building official for the inside of the building. Noise from the go-carts would not be heard outside the building. A question was raised on whether the noise would bother another tenant in the building and Baxter stated that there were no issues with Slumberland, the current adjacent tenant in Brooklyn Center. Commissioner Brauch asked for a comparison of the size of the proposed track to the current track in Brooklyn Center. Baxter indicated that this track may be a little longer and wider than at the current location. The barrier systems for the track can be changed to keep it interesting and exciting for the patrons. The lanes are approximately 30-feet wide. Mr. Baxter stated that the inside walls at the entrance and first floor office area would be moved around so that when people walk into the facility, they can see the track right away. MOTION Motionseconded by Commissioner Svendsen, by Commissioner Barrick, Item 4.1 to approve Planning Case 03-16, Request for conditional use permit to allow a commercial recreational facility in an industrial zoning district and a variance from the arterial street access requirement, 8801 Science Center Drive, Thunder Alley Indoor Speedway, Inc./CSM Equities, Petitioners, subject to the following conditions: 1. Access to the site shall continue via Science Center Drive. 2. The applicant will provide an updated lighting/photometric plan. 3. All fuel storage issues and any storage of flammable materials shall be subject to the review and approval of the city’s fire inspector and building official. 4. Loading and deliveries shall occur at times other than normal operating hours. 5. The applicant shall submit a comprehensive sign plan for review and approval by city staff. 6. The applicant shall submit noise decibel levels related to the use. 7. Approval of all plans and permits by the building official, including addressing the second floor access by the public to assembly room issue. 8. Approval by West Metro Fire and compliance with recommendations stated in October 14, 2003, memo. 9. Approval by city engineer and compliance with recommendations in October 15 and 30, 2003, correspondence, excluding sidewalks. 10. Restaurant/kitchen facilities subject to review/approval of Hennepin County Health Department. 5 Planning Commission Meeting November 4, 2003 11. Obtain necessary permits/license from city clerk for video arcade. 12. Execute conditional use permit agreement with city to be prepared by city attorney. Voting in favor: Anderson, Barrick, Brauch, Buggy, Landy, O’Brien, Svendsen Voting against: None Absent: Hemken, Oelkers Motion carried. Landy stated that this planning case would be considered by the City Council on November 10. Design and Review Svendsen reported that the Design and Review Committee met with representatives from Thunder Alley Speedway in October. A residential Committee second curb cut will be reviewed at the December Planning Commission Item 5.1 meeting. A Design and Review meeting will be held on November 13. Codes and Standards Landy reported that the Codes and Standards Committee did not meet in October. Staff would be coordinating another meeting sometime soon. Committee Item 5.2 OLD BUSINESS Landy reported that the sign ordinance had been accepted by the City Council and would be reviewed early next year at a work session. Miscellaneous Issues After some discussion on the 2004 planning schedule, the consensus was to hold the July meeting on the second Tuesday of the month, and hold the August and November meetings on the first Wednesday, due to National Night Out and the general election on the first Tuesday of those months. Landy reported that the City Center Task Force would be meeting on November 6. The task force would, hopefully, be finalizing the concept plans so they could move forward to the Planning Commission and City Council. McDonald gave a development update on several projects in the city, including Culvers/office condominiums, City Center, Navarre, East Winnetka area, West Winnetka area, Franks possibly moving to the Lyndale Garden site, plans for the Franks site, signage at the New Hope Mall, Sinclair station on Medicine Lake Road, Woodbridge, and the pet hospital. NEW BUSINESSMotionseconded was made by Commissioner O’Brien, by Commissioner to approve the Planning Commission minutes of October 7, Buggy, 2003. All voted in favor. Motion carried. City Council/EDA minutes were reviewed. ANNOUNCEMENTSThere were no announcements. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary 6 Planning Commission Meeting November 4, 2003