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HomeMy WebLinkAbout2001 06-28 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 28, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Sean Rahn was absent and excused. APPROVAL OF MINUTES — JUNE 14, 2001 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the June 14, 2001 meeting as amended to show a change on Page 4. The motion passed, with Chair Willson abstaining. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2001 -015 — RENEE STODDARD OF THUNDER ALLEY INDOOR SPEEDWAY, INC Chair Willson introduced Application No. 2001 -015, a request from Ms. Renee Stoddard of Thunder Alley Indoor Speedway, Inc. submitted for a special use permit to operate an indoor go -cart track and entertainment center in the old K -Mart space at 5930 Earle Brown Drive. Ms. Renee Stoddard was represented by Mr. Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 6 -14 -01 for Application No. 2001 -015 attached.) He advised the property in question is zoned C -2 (Commerce) and reviewed the neighboring property uses. Mr. Warren reminded the Commission that Mr. Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc. requested last fall that the City amend the zoning ordinance to allow a "recreation and amusement place" use in the I -1 (Industrial Park) zoning district. The City concluded such an amendment was not warranted since this use was an acknowledged use in the C -2 (Commerce) zone. Mr. Baxter was advised to seek a location within the C -2 zone for the go -cart and entertainment center. 6 -28 -01 1 Mr. Warren reviewed the applicant's intent to sublease the old K -Mart space and added most changes to the site will be internal. The Building Official has met with the applicant's architect to discuss necessary modifications to the building including proper air handling/exchange equipment, separation requirements, fire sprinkler modifications and safety and noise concerns. Mr. Warren layout of the building pointing out where various activities are proposed ro further described the interior y g p g p p to be located including the location of the track and safety issues. The site is 11.88 acres in area and requires 715.2 landscape points. A landscape analysis is to be provided by the applicant prior to the approval of building permits. Mr. Warren further clarified the landscape requirements for the site, which will be verified on the landscape analysis. He recommended the addition of a Condition No. 11 stating, " The applicant shall submit a landscape analysis of the site indicating that the proposed 109 additional landscape points are sufficient to meet the landscape point system prior to the issuance of building permits." Commissioner Reem inquired about the fencing along John Martin Drive. Mr. Warren indicated a screened fence is required. The previous owner was sent a compliance order to make repairs to the fence. No further screening was required by K -Mart. Commissioner Reem asked about gas storage on the site. Mr. Warren responded that it will have to be stored in an approved area based on the building and fire code requirements. Mr. Warren added that Commissioner Rahn was unable to attend the meeting and he had talked to him regarding the applicant's request. Commissioner Rahn had concerns with maintenance of the building and the parking lot. Mr. Warren responded that he felt the property was acceptable and added if new trash disposal facilities are built outside the current screened area, additional screening would be required. Screening would also be required for any additional rooftop or on ground mechanical units. Commissioner Rahn felt that approval was appropriate. Mr. Warren discussed the applicant's response to the special use permit standards. They believe their proposed use will be beneficial to the community and surrounding businesses. Mr. Warren recommended approval of Application 2001 -015, subject to the addition of Condition No. 11. PUBLIC HEARING - APPLICATION NO. 2001-015 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the public hearing on Application No. 2001 -015, at 8:04 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc., addressed some of the questions raised by the Commission members. He responded that the gasoline would be stored 60 ft. away from the building in an enclosed area according to the fire code. The area formerly occupied by the K -Mart garden center will be an enclosed meeting room with a possible court yard area. He added drivers must be over 16 years of age to drive go carts. Drivers must have a parent if they are under 18 and they must be a legally licensed driver. If necessary, private security will be provided inside the building and in the parking lot. Ventilation will be added to the building. There will be an 6 -28 -01 2 arcade, restaurant, etc. He pointed out a site in Atlanta often draws people to the hotels in the area and Mr. Baxter feels that will be the case here. Hours of operation will be 12 pm to 11 pm weekdays and 12 pm to 1 am on the weekends. He added the site will have two tracks that will allow for public use and private parties. They will also offer a training course for the younger people (under 16). Commissioner Whitehead asked about speed limits on the track. Mr. Baxter responded that they can shut down the cars if they are being driven recklessly. Drivers must wear helmets and seatbelts. Commissioner Newman asked about further description and clarification of how the track is operated and how maintenance is handled. Mr. Baxter showed a "card" that is used by customers to show they are eligible to drive the cars and proves they have signed a waiver. Commissioner Whitehead asked about he possibility of serving liquor at the site. Mr. Baxter responded that is not being considered at this time. Mr. Warren added that a request for a liquor license would be reviewed by the City Council as part of a liquor license application. The Commissioners were in agreement that the consumption of liquor and the driving of go -carts was not a good mix. Commissioner Reem inquired about the location for repairs to the go -carts. Mr. Warren indicated that the area occupied by K -Mart's automotive center is the area that the applicant plans to use for repairs and fueling for the go -carts. He adds the area would have to be separated from the rest of the building by a rated fire wall meeting the building and fire code requirements. The applicant has indicated no plans for use of the garden center at this time. Chair Willson made reference to comments by the applicant, Mr. Sam Baxter, from the November 30, 2000, Planning Commission meeting relating to a request to amend the zoning ordinance regarding I -1 uses. He summarized the applicant's comments regarding his inability to lease a space such as the K -Mart site and stated that it was ironic that adult uses could go into the industrial zone and not his proposed entertainment use. Chair Willson asked Mr. Baxter what had changed his views regarding his statements made that the city has lost Target and K -Mart and would lose again by not allowing this use. He also asked about his comments about needing deep pockets in order to locate in the commercial zone as well as stating that the city must expand its horizons and provide entertainment in the city or businesses would go other places. He also pointed out that Mr. Baxter had indicated that K -Mart's ceilings were too low to provide proper ventilation and he felt his proposal would keep the kids from hanging out in the malls. Mr. Baxter responded that those comments were made prior to talking to K -Mart about leasing the site. He feels security won't be an issue since kids will have something to do rather than just hang out. If there is a problem, the police will be called and security will be hired. He adds the contractor says lower ceilings actually provide better ventilation since there is less air volume to move. K -mart has offered them a good deal for cost and is one which they can afford. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -015. 6 -28 -01 3 CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2001 -015 at 8:28 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001 -015 — RENEE STODDARD OF THUNDER ALLEY INDOOR SPEEDWAY, INC. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 2001 -015, submitted by Renee Stoddard of Thunder Alley Indoor Speedway, Inc. for a special use permit to operate an indoor go -cart track and entertainment center in the old K -Mart space at 5930 Earle Brown Drive, subject to the following conditions: 1. The special use permit is granted for the operation of a "recreation and amusement place" involving a go -cart operation, an arcade with video games, a concession area with food and beverages, a laser tag operation, a pro shop where various merchandise will be offered for sale and other related activity areas. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of a amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 3. All plans relating to the remodeling and occupancy of the building are subject to the review and approval of the Building Official prior to the issuance of building permits and a certificate of occupancy for the building. 4. There shall be no service, repair or maintenance of go -carts or operation of go -carts out of doors. Said activity shall be conducted wholly within the building. 5. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of landscape improvements. 6. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 7. Food sales and concession areas are subject to licensing by Hennepin County. 8. All video and arcade games are subject to licensing and regulations established by the City of Brooklyn Center. 6 -28 -01 4 9. Approval of this special use permit does not comprehend any signs. All signery is subject to the provisions of Chapter 34 of the City Ordinances. 10. No banners, pennants, streamers, balloons, or other attention attracting devices may be displayed outside in conjunction with this activity other than what is authorized under administrative permits comprehended under the City's Zoning Ordinance. 11. The applicants shall submit a landscape analysis of the site prior to the issuance of building permits indicating that the proposed 109 additional landscape points are sufficient to meet the landscape point system. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its July 9, 2001 meeting. The applicant must be present. Maj or changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Planning Commission Secretary Ron Warren advised the Commission that as of this date, no applications have been submitted for the July 12, 2001, meeting. If there are none received by Friday, June 29, 2001, the meeting will likely be cancelled. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:32 p.m. Chair Recorded and transcribed by: Rebecca Crass 6 -28 -01 5