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
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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
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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.
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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.
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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
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Planning Commission Meeting November 4, 2003