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020111 planning commissionCITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES February 1, 2011 City Hall, 7 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Houle called the meeting to order at 7 p.m. ROLL CALL Present: Paul Anderson, Jim Brinkman, Jeff Houle, Sandra Hunten, Roger Landy, Ranjan Nirgude, Tom Schmidt, Steve Svendsen Absent: Kimberly Johnson, Sunday Onadipe Also Present: Curtis Jacobsen, Director of Community Development, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant, Jason Quisberg, City Engineer, Eric Weiss, Community Development Assistant, Pamela Sylvester, Recording Secretary ELECTION OF Chair Houle opened the floor for nominations for the positions of chair, OFFICERS vice chair, and third officer for 2011. Commissioner Svendsen nominated Jeff Houle as chair, Commissioner Brinkman as vice chair, and Commissioner Anderson as third officer. Seconded by Commissioner Landy. All voted in favor. Motion carried. CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PC11 -01 Chair Houle introduced Item 4.1, Planning Case 11 -01, request for Item 4.1 subdivision and platting (preliminary plat for Twin Terra Linda 5th Addition), conditional use permit /planned unit development, 2709 Winnetka Avenue North, Engelsma Limited Partnership (Kraus Anderson), petitioner, and Planning Case 11 -02, request for site plan review, conditional use permit — planned unit development, 7932 27th Avenue North, Velmeir Corporation for CVS Pharmacy, petitioner. Mr. Weiss stated that there were two separate planning applications to consider, however, both applications related to the construction of a new CVS Pharmacy at Midland Shopping Center. The first case, 11 -01, relates to the subdivision of land. Midland Center currently consists of two parcels — the shopping center and the transmission shop. The transmission shop parcel would be integrated into the shopping center parcel. A new parcel would be created for the new CVS Pharmacy. Per city code, shopping centers require a conditional use permit for a planned unit development. The CUP /PUD would address shared access, shared parking, and the irregular lot configuration. The second case, 11 -02, relates to the construction of the CVS store. A site plan review is required for the new building, along with a CUP /PUD. Planning Case 11 -01 relates to replatting the shopping center property, the review of the preliminary plat to be known as Twin Terra Linda 5th Addition, and the CUP /PUD. The property owner is Engelsma Limited Partnership /Kraus Anderson. The property is located in a CB community business zoning district and is surrounded by R -5 senior /disabled housing to the west, R -3 residential to the northwest, R -2 residential and RO residential /office to the north, CB and RB residential business to the east, and Golden Valley properties to the south. After replatting, the Midland parcel will contain 6.49 acres and the CVS parcel 1.44 acres. Mr. Weiss stated Velmeir Corporation was proposing to construct the new CVS store. The project would include the demolition of the southern portion of the shopping center and the transmission shop. The one remaining tenant in the southern portion of the center would be relocated to another tenant bay. The petitioner indicated green space has been provided at the corner of Medicine Lake Road and Winnetka Avenue, along with landscaping features. A fence would provide a vertical element. Kraus Anderson indicated no other improvements would be done at this time. All setbacks for Midland Center meet code requirements. After demolition of the transmission shop, the parking lot would be expanded to the southeast. The layout of the new, paved parking area would be consistent and cohesive with the remainder of the site, and include curbs and raised landscaped islands. The islands should be increased to seven feet in width. Wider green spaces between the parking lot and sidewalk have been provided to improve the aesthetics of the site for people entering the city from the south. Midland Center currently has 390 parking stalls, and after demolition there will be 381 stalls. CVS will be providing 69 for a total of 450 stalls. Only 229 stalls are required for the entire site, leaving an over abundance of 152 stalls for Midland Center. Mr. Weiss stressed that staff was concerned about the over abundance of parking and recommended the number of stalls be reduced, however the applicant was reluctant to do so. The lease agreement with CVS requires sight lines be open to the center from the intersection. Design Guidelines regulations take effect for new parking lots of four or more spaces. Landscaping and fencing are required for the new parking areas to screen the lot and improve the aesthetics of the property. The Guidelines can only be applied to new construction. The applicant agreed to provide landscaping and fencing along 27th and Winnetka avenues. Details on the specifics of species, size and number of plants to be installed must be provided. The proposed fence at the intersection should be extended to full length of new parking lot areas. All landscaped areas will be irrigated. CVS is proposing a new 24 -foot pylon sign with plantings at the corner. Off -site signs are not allowed per code, however, some flexibility is allowed with the PUD. CVS will maintain this area, which would be detailed in the lease agreement. One new 90- degree cut -off pole light will be provided in the parking lot. There is slight spill over of light onto adjacent sidewalks, but the Police Planning Commission Meeting 2 February 1, 2011 Department was agreeable with this as it may improve safety at the site. No new signage for the shopping center was included with this application Mr. Weiss explained that Midland Center has had a history of water main breaks to the west of the building. A portion of this main is proposed to be replaced, however, the engineer suggested a larger portion of the main be replaced to the north (to Virginia Avenue). Staff has serious concerns regarding storm water and flooding in the area and had hoped for greater storm water quality and quantity improvements, but watershed regulations do not require the applicant to make improvements. CVS would be providing an underground storm water retention system on its site. Due to the flooding issues in the area and the fact that the site is over - parked, city staff discussed the potential reduction in parking area to alleviate area flooding with Kraus Anderson, however, the applicant and city did not come to an agreement. Kraus Anderson indicated there may be environmental improvements with a future redevelopment project. Snow will continue to be stored behind the shopping center and along Winnetka Avenue. Mr. Weiss reminded the Commission that due to the complicated approval process, each application would be handled separately and the approval of one is subject to the approval of the other. Information relating to cross access and parking easements should be submitted to the city. Easements should be recorded with the final plat. Hennepin County must approve the plat due to the fact that the property abuts two county roads. The applicant met most of the code requirements for the subdivision /plat, however, a few minor details were identified by the city attorney that must be resolved before approval. Mr. Weiss reported that the Design and Review Committee met with the applicant, was supportive of the project, however, identified several concerns. The applicant responded to most of those concerns. Property owners within 350 feet of the site were notified and staff received several requests for more information. After an explanation of the application, all seemed to be in support of the project. Mr. Weiss summarized that the proposal would create two irregular lots with building placement for CVS that does not meet all setbacks of city code. Both new lots would have shared access and parking, therefore, the subdivision must be tied to the request for CUP /PUD. Staff recommends approval subject to the conditions listed in the planning report. Mr. Jacobsen stated that Planning Case 11 -02 includes site plan review and CUP /PUD and was related to the construction of the CVS building. The applicant indicated that although they were not required to provide any storm water treatment, they were proposing an underground storm Planning Commission Meeting ° February 1, 2011 water retention system. They indicated they created a pedestrian friendly, attractive site. Plans show an increase in the area of prototypical windows, bumped out pilasters, wainscot sill and additional parapet height. The applicant, Velmeir Corporation, indicated that the trellis and front entry canopy are corporate trademarks of CVS. It was the intent of CVS to be at this location for a long time. The building's rear yard setback is 19 feet and does not meet the 30 -foot rear yard setback requirement. The city could allow some flexibility on this requirement with the PUD. The setback from the sidewalk on the south is 77 feet and the Design Guidelines recommendation is a maximum setback of 85 feet. The parking lot would be paved with curbs and raised landscaped islands is consistent with the remainder of the site. A 28 -foot curb cut is shown along 27th Avenue and the city engineer determined the additional two feet proposed should be allowed. Pedestrian crosswalks are provided where the sidewalk and parking lot intersect. Wider green spaces would be provided along the sidewalk on 27th and Winnetka avenues, as well as landscaping and fencing. A bike rack has been provided at the southwest corner of the building. Staff recommends the bike rack be moved closer to the entrance to encourage biking to the site. Mr. Jacobsen stated the building would be constructed of masonry and EIFS in muted tones. Rooftop equipment would be screened by extending the parapet height. Concern was raised that the building's architecture is "franchise architecture" which the Design Guidelines discourages. Staff believes the building meets a majority of the Design Guidelines requirements with a few exceptions; the building design looks like a prototypical CVS store. The Commission must determine if the proposal would be considered "franchise," or if the building is "sustainable and reusable." Additional landscaping and fencing would be provided along 27th Avenue and all areas would be irrigated. The photometric plan illustrates the site complies with the city's lighting standards at property lines and in the parking lot areas. The applicant must provide details on the pole heights. The CB zoning district allows sign area to be 15 percent of the building facade abutting a public street. Proposed signage is 334.5 square feet and 426 square feet would be allowed per code. The off -site sign would be allowed by PUD but only if no additional free - standing CVS sign is constructed on site. A comprehensive sign plan must be submitted. The drive - through lane meets city standards and an administrative permit must be obtained. The trash enclosure and compactor will be located on the west side of the building and match the building's materials. The gate should be designed with a durable, low - maintenance finish rather than wood slats. Mr. Jacobsen reported the city engineer provided additional comments in his memo dated January 28, 2011, including recommending a maintenance agreement for the underground system between the owner Planning Commission Meeting 4 February 1, 2011 and the city. West Metro Fire - Rescue District is requesting a private hydrant within 100 feet of the fire connection on the building. The proposal generally meets the Design Guidelines. Staff requested the windows remain clear of merchandise and the "red core" advertising. The front entryway should be intensely landscaped. Parking at the front of the store could be removed to accommodate this request. Due to area flooding, the applicant provided an underground storm water retention system. The Design and Review Committee met with the applicant, was generally supportive, but had a number of concerns. The main concerns were the franchise architecture, water main on the west side of the property, and storm water retention and treatment. Property owners within 350 feet were notified and staff received several requests for more information. Upon clarification, inquirers supported the project. Mr. Jacobsen summarized that overall the project met a majority of the needs and concerns of the city. Staff recommends approval of the site plan review and CUP /PUD subject to the conditions listed in the planning report. Chair Houle inquired as to the timing of Hennepin County's approval of the proposals and the answer was from three to five weeks. The only potential issue may be the relocation of the southern access to align with the drive aisle through the shopping center. Commissioner Svendsen initiated discussion on the layout of the CVS lot and west lot line, which will remain in the current location. Mr. Alan Brixius, planning consultant, stated that the landscape plan did include landscaping along the west property line. Several trees would be preserved on the west side of the new building. That area would not be disturbed during grading of the site. Staff felt the screening was adequate in that location due to the fact the building to the west is a commercial site and there is a fairly large ridge line that increases as it moves to the north toward the residential property. The back of the building would have an eight -foot screen wall around the trash enclosure /compactor and would match the exterior wall treatment. Svendsen stressed that the grassy areas should be irrigated and Mr. Brixius indicated that a condition of approval is the entire lot be irrigated. Commissioner Hunten stated that she was concerned with vehicles making left hand turns within the site. The drive aisle on the north side of the building would be one -way with vehicles traveling westbound to the drive - through window. Another concern was the durability of the proposed aluminum fence versus wrought iron along 27th Avenue. She suggested the fencing at the corner should be the same type of fencing used on the CVS site. Mr. Jacobsen responded that the Design Guidelines Planning Commission Meeting 5 February 1, 2011 recommendations could only be enforced on newly constructed areas, not existing lots. The parking area at the corner was considered new due to the fact that the existing building would be demolished and the area paved over, therefore, the Design Guidelines recommendation took effect. Commissioner Hunten asked for clarification on the height of the fencing. Mr. Brixius stated that the fence was proposed to be a 42 inch high black aluminum fence. The distance from the edge of the sidewalk to the street curb along 27th Avenue would be six feet and 13.8 feet along Winnetka Avenue. Brixius agreed the CVS fence and the fencing at the corner be identical. Hunten initiated discussion with regard to snow storage along the sidewalk on Medicine Lake Road. Chair Houle requested clarification on the proposed storm water retention system. Mr. Jason Quisberg, city engineer, responded that underground storage systems were becoming more common and were effective for rate control. They also provide some storm water quality benefit through a filtering process before the water is discharged downstream. He suggested that, prior to construction, storm water calculations for the site be submitted for staff to verify the system was sized appropriately. Details regarding how the system functions should also be submitted. Mr. Quisberg explained that water would enter the system and pass through a granular material which would create the filtering effect to provide some of the water quality benefits. The water would then go into pipes to be stored and discharged over time. Commissioner Brinkman initiated discussion with regard to sight lines. Mr. Weiss stated that part of the agreement between CVS and Kraus Anderson was the views from Winnetka would be open to the CVS store. Brinkman indicated concern that the sight line restriction would limit any outlot development in the future. Chair Houle opened the public hearing for planning case 11 -01. Mr. Jack Appert, Kraus Anderson Realty, 4210 West Old Shakopee Road, Bloomington, came forward to respond to questions from the commission. He added that Ms. Kathy Anderson, Architectural Consortium, 901 3rd Street, Minneapolis, and Mr. Kevin McGhee, Velmeir Companies, 7201 West 78th Street, Bloomington, were also in the audience. Commissioner Svendsen questioned the use of the pylon sign at the corner. Mr. Appert stated that the sign would be used exclusively by CVS. Commissioner Brinkman initiated discussion on the sight line issue and the potential for additional development in the parking lot. Ms. Anderson stated another outlot tenant could locate in the northern portion of the parking lot. The developer wanted to be sure that parking would be available for any additional future development or a larger tenant in the shopping center. The description for the sight line building restriction is as follows: a line drawn from the midpoint driveway along Winnetka Planning Commission Meeting 6 February 1, 2011 Avenue to the southwest corner of the CVS building. Commissioner Hunten requested clarification regarding landscaping and fencing. Ms. Anderson stated that most of the fencing in commercial developments is aluminum and the fence would be combined with a variety of landscape bushes, shrubs and flowers. The landscape schedule illustrates the species, size and number of plants. Ms. Anderson confirmed that the fence on the CVS property and at the intersection would be the same. Brick columns would not be incorporated into this landscaping design. Commissioner Schmidt stated he was uncomfortable with the large sight line restriction. Ms. Anderson responded that they hoped to acquire new tenants at Midland Center, with CVS as a new anchor tenant. Sight lines were an important component of the leasability for tenants in the mall. A new building could be situated toward the northern portion of the parking lot. They would not build out all of the space along Winnetka. In answer to a question, Mr. Appert added that the lease between CVS and Kraus Anderson stated the sight line would be a no build area for the duration of the 25 -year lease. Commissioner Hunten reminded the petitioner that the existing boulevard trees have grown to a point along Winnetka that the shopping center sign cannot be seen. Commissioner Anderson questioned why CVS would not want to be located near the intersection and Ms. Anderson reiterated that would block all sight lines for the rest of the shopping center. Commissioner Svendsen pointed out that the back of the shopping center does not have trash enclosures provided for tenants and there are a variety of dumpsters, trash cans and semi trailers at the back of the center, which abuts residential properties. The neighborhood to the north has had concerns about this over the past several years. Svendsen questioned when that would be addressed. Ms. Anderson stated that issue could be addressed during the next redevelopment project. No timeframe was proposed for those improvements. Chair Houle questioned why Kraus Anderson was not addressing storm water now that the transmission shop was being torn down and there would be space available. Ms. Anderson stated that they hoped to attract another anchor tenant and may need to have all of the parking stalls. Commissioner Hunten agreed that the extra parking may be needed with another large tenant. Houle stressed that storm water needed to be addressed at this site. Ms. Anderson replied that CVS had addressed storm water on its site. The hope was that a larger project would be proposed in the future and storm water could be addressed at that time. Ms. Anderson maintained that the value of the property was visibility at the front of the center and at the main intersection. In the future, ponding Planning Commission Meeting 7 February 1, 2011 could possibly be handled at the rear of the property. Commissioner Hunten stressed that Kraus Anderson's main issue was to get viability back in the center first and then address storm water issues. Mr. Jacobsen stated that this project was located in the Bassett Creek Watershed area and the watershed did not require that the applicant add storm water treatment or retention at this time at Midland Center. The city worked with CVS to be certain storm water was addressed on that site. Mr. Steve Sondrall, city attorney, stated that the city could require specific items of an applicant through the CUP /PUD application, but the city must establish a nexus between the requirement and the perceived problem. Proof would need to be established that this site was causing the problem on another site. Mr. Quisberg agreed that water runoff from this site does contribute to the flooding problems near Rhode Island and Terra Linda, but the flooding from this site is only a small part of the problem downstream. Any improvements that could be made on this site would help alleviate problems downstream. Commissioner Svendsen questioned if the sight line restriction would prevent a day fair or farmers market in the parking lot and the answer was no. There was no one in the audience who wished to address the Planning Commission. Motion by Commissioner Landy, seconded by Commissioner Svendsen, to close the public hearing on Planning Case 11 -01. All voted in favor. Motion carried. The public hearing for planning case 11 -02 was opened for discussion. Mr. Kevin McGhee, director of construction for Velmeir Companies, preferred developer for CVS in Minnesota, came forward to address the commission. He stated they looked forward to creating a new development in New Hope. Mr. McGhee stated that the line of sight addressed building restrictions not a weekend fair. He stated that CVS was not over - parked as the code does not give a maximum number of spaces for a property; they would be slightly over the minimum requirement. Mr. McGhee requested that parking not be included in the cross access agreement as neither CVS nor Midland Center needed additional parking. He stated CVS does not like to place bike racks by front doors of its retail centers to keep bicycle traffic away from where pedestrians were walking. Their experience with ADA was to keep those marked stalls close to the front door. From their past experience, the aluminum powder- coated paint fence is more efficient and durable and would last a long time. He confirmed the fence Planning Commission Meeting 8 February 1, 2011 would be 42 inches tall. The gates to the trash enclosure could be made of a composite material rather than the standard cedar boards. Mr. McGhee stated that the entire site would be irrigated to the curb. The landscaped area by the sign would also be maintained and irrigated by CVS. All grassy areas would be sodded. A maintenance company would be hired to oversee the landscaping and any plants that die are replaced. Chair Houle questioned if CVS was in agreement with the conditions of approval except for the location of the bike rack and parking in the cross access easement. Mr. McGhee stated that they had tried to make changes to the facade of the building to make it look less prototypical. Columns were bumped out four inches from the building rather than leaving them flush. The color would be light red masonry below and tan above. The EIFS would be darker tan. A sill was added between the different colors of rock face. The windows were lowered. The shaded windows below seven feet would have urban graphics on them and the clear windows below seven feet would be open. Windows above seven feet would be open. Clarification was given that interior racking would be placed by the windows with urban graphics. The clear windows would not have racking in front of them. Commissioner Nirgude questioned whether or not the fire department had reviewed the proposed traffic flow. Mr. Jacobsen stated that the only concern of West Metro Fire was that one hydrant be added within 100 feet of the fire department connection into the store for adequate water pressure. Commissioner Svendsen questioned the location of the fire department connection and if it was in the same location as the water main. The response was that the side -by -side water connection and water line come into the building at the same location. Svendsen suggested that the two parking stalls in front of the building be marked for no parking for clear access to the connection or move the connection further to the west. Mr. McGhee agreed to work with staff and the fire inspectors for the location of the fire connection. Commissioner Landy inquired if the interior would be typical of all the other CVS stores and whether or not there would be a Minute Clinic included. Mr. McGhee stated that at this time a Minute Clinic has not been proposed, but that may change. There may be some updated interior signs or color schemes. Mr. McGhee added that although they were not required by city code or the watershed district to provide storm water treatment on this site, they would be treating the storm water on the site by installing a storm tech system. CVS and Velmeir were working with the city with regard to storm water. There was no one in the audience who wished to address the Planning Commission. Planning Commission Meeting 9 February 1, 2011 Motion by Commissioner Landy, seconded by Commissioner Anderson, to close the public hearing on Planning Case 11 -02. All voted in favor. Motion carried. Commissioner Svendsen requested information on the bus stop located along Winnetka Avenue near the intersection. Mr. Appert indicated the bus stop was probably in the public right -of -way. Mr. Brixius added that there was mention of a bus stop on the landscape plan, and a condition of approval would be to have the applicant submit a more detailed landscape plan. Generally, the bus areas are within the right of way. Kraus Anderson indicated some plantings and streetscape furniture as part of a cooperative arrangement between Kraus Anderson and the city. Mr. Jacobsen stated that the city worked with Kraus Anderson to enlarge the grassy areas along the streets at the intersection. The applicant would work with the city forester to select appropriate plantings and add benches to make it more appealing. In answer to a question, Mr. Appert indicated agreement with the recommendations in the planning report. He stated he agreed with most of the conditions and would continue working with staff prior to the council meeting. One area of concern would be the requirement to extend the fence along both streets, due to the expense. Mr. Brixius commented that there were several unfinished elements on the Kraus Anderson landscaping plan. He suggested that they use landscaping and fencing alternately to more affordably achieve compliance with the recommendation of the city. The Design Guidelines suggest delineating edges on the parking lots for an aesthetic and screening component. Commissioner Hunten recommended landscaping only at the intersection. Mr. Brixius stressed that if fencing was utilized at the corner that it match the fencing used on the CVS site. By allowing an off - premise sign as part of the PUD, it should be noted that off - premise sign would be in lieu of a sign on the CVS site. Brixius commented that shopping centers are allowed two free - standing signs, therefore, the sign on the corner would fit into the context of the ordinance. Commissioner Anderson wondered if there was an advantage to having a fence rather than landscaping only with regard to snow storage. Mr. Brixius responded that the green space along Winnetka was 13 feet wide. The green space along 27th Avenue is eight and one -half feet wide on the Kraus Anderson property and six feet wide on the CVS property. The Design Guidelines recommends either landscaping or fencing. The extra green space allows for snow storage from the sidewalk areas. Currently, there is two feet of compacted snow piled along the sidewalk. The thought was that the fence would be more durable than crushing the shrubs each year with snow pack. Mr. Jacobsen added that the extra parking stalls would allow for snow storage with selective placement. Planning Commission Meeting 10 February 1, 2011 Property owners have been reminded that it is their responsibility to clear snow from the sidewalks. City crews only do this as time allows. Commissioner Svendsen stated that the bus stop at the intersection at Winnetka and 42nd avenues (by McDonalds) was set up similar to this intersection and pedestrians continually walk through the planted areas. He suggested a paved access from the bus bench to the parking lot to protect the landscaping. Mr. Appert agreed to work with staff on this issue. Chair Houle stated he had many concerns with both projects and added he appreciated what CVS had done with their design. He commented that staff had indicated the building was franchise architecture. He was concerned with the large area restrictions for sight lines and no definite timeline for redeveloping the balance of the site. He stated he believed the proposed CVS building was prototype and would be difficult to re -use in the future. MOTION Motion by Commission Svendsen, seconded by Commissioner Landy, to Item 4.1 approve Planning Case 11 -01 request for subdivision and platting (Twin Terra Linda 5th Addition), conditional use permit /planned unit development, 2709 Winnetka Avenue North, Engelsma Limited Partnership (Kraus Anderson), petitioner, subject to the following conditions: Subdivision and platting: 1. Submission and city approval of cross access easements crossing both lots. Said easements must be recorded at the same time as the final plat. 2. The applicant shall improve the water main to current city standards along the west side of the shopping center to at least a point just to the north of the line at Virginia Avenue. 3. Subdivision approval is contingent on review and approval of Hennepin County. 4. Subdivision approval shall be subject to city engineer review and approval of all public drainage and utility improvements. 5. Development agreement be entered into outlining and securing the applicant's obligation for utility and site improvements (to be prepared by the city attorney). 6. Applicant to provide financial guarantee /performance bond for site improvements (amount to be determined by city engineer and building official). 7. Applicant to comply with city attorney comments as outlined city attorney memorandum dated January 11, 2011. 8. Approval of the Velmeir Co. /CVS Planned Unit Development (PUD) and associated PUD agreements. CUP /PUD: 9. Applicant to enter into a CUP /site improvement agreement with city (to be prepared by the city attorney). Planning Commission Meeting 11 February 1, 2011 10. Applicant to provide financial guarantee /performance bond for site improvements (amount to be determined by city engineer and building official). 11. The PUD and site plan approval shall be subject to county approval of the final plat. Any plat alterations required by the county must be incorporated into the site plan and demonstrate compliance with city zoning standards. 12. The applicant shall submit a detailed landscape plan for the entire periphery of the new parking lot including number, type and size of plantings, fence details and irrigation. Interior landscape islands shall have a minimum interior dimension of seven feet. Fencing on Kraus Anderson site shall match fencing at CVS site. 13. PUD documents must be provided between Engelsma and CVS that details the following items: a. Snow storage /snow removal plan b. Cross access easements c. Parking lot /site maintenance d. The construction, use and maintenance of freestanding sign and landscaping surrounding it, including bus bench and paved access to parking lot. 14. The applicant's CUP /PUD request shall be subject to approval of the subdivision /plat. 15. Applicant to comply with city engineer comments as outlined in city engineer memorandum dated January 12 and 28, 2011. Voting in favor: Anderson, Brinkman, Hunten, Landy, Nirgude, Schmidt, Svendsen Voting against: Houle Absent: Johnson, Onadipe Motion approved. Chair Houle stated this planning case would be considered by the City Council on February 28 and invited the petitioner to attend that meeting. MOTION Motion by Commissioner Svendsen, seconded by Commissioner Landy, Item 4.2 to approve Planning Case 11 -02 request for site plan review, conditional use permit /planned unit development, 7932 27th Avenue North, Velmeir Corporation for CVS Pharmacy, petitioner, subject to the following conditions: Subdivision and platting: 1. Submission and city approval of cross access easements crossing both lots. Said easements must be recorded at the same time as the final plat. 2. The applicant shall improve the water main to current city standards along the west side of the shopping center. 3. Subdivision approval is contingent on review and approval of Hennepin County. 4. Subdivision approval shall be subject to city engineer review and approval of all public drainage and utility improvements. Planning Commission Meeting 12 February 1, 2011 5. Development agreement be entered into outlining and securing the applicant's obligation for utility and site improvements. 6. Approval of the Engelsma Planned Unit Development (PUD) and associated PUD agreements. CUP /PUD and site plan review: 7. Applicant to enter into a CUP /site improvement agreement with city (to be prepared by the city attorney). 8. Applicant to provide financial guarantee /performance bond for site improvements (amount to be determined by city engineer and building official). 9. Approval shall be subject to county approval of the subdivision. Any plat alterations required by the county must be incorporated into the CVS site plan and demonstrate compliance with city zoning standards. 10. Applicant shall provide an outdoor lighting plan that illustrates light fixtures and pole height that meets city outdoor lighting standards. 11. The sidewalk /entry area shall be expanded through the relocation of the disability parking stall and reduction of overall parking. Landscaping is recommended. 12. Windows shall remain open for view and free of merchandise or shall have non - advertising graphic images or photographs. 13. Trash enclosure gate shall be designed with a durable, low maintenance finish to insure long -term durability and proper screening of the area. 14. A separate revised comprehensive sign plan shall be provided that illustrates: a. Number and sizes of wall signs b. Menu board detail c. On -site traffic directional sign locations d. Detail on proposed freestanding sign 15. PUD agreement must be provided between Kraus Anderson and CVS that details the following items: (said PUD documents shall be approved by the city and recorded with the property) a. Snow storage /snow removal plan b. Cross access easements c. Parking lot /site maintenance d. The construction, use and maintenance of the freestanding sign. No additional freestanding sign allowed. 16. The applicant shall provide a private hydrant within 100 feet of the fire connection. Hydrant thread type shall be Minneapolis Threads or as specified by the city of New Hope Public Works Department. Voting in favor: Voting against: Absent: Motion approve Planning Commission Meeting Anderson, Brinkman, Hunten, Landy, Nirgude, Schmidt, Svendsen Houle Johnson, Onadipe d. 13 February 1, 2011 Chair Houle stated this planning case would be considered by the City Council on February 28 and invited the petitioner to attend that meeting. COMMITTEE REPORTS Design and Review Commissioner Svendsen reported the Design and Review Committee had Committee met with the petitioners regarding the CVS plans and lot split. Mr. Item 5.1 Jacobsen stated that no pre - application meetings were scheduled at this time. The consensus of the Design and Review Committee was to continue meeting at 7:30 a.m. Codes and Standards Commissioner Schmidt reported that the Codes and Standards Committee Committee had not met recently. Mr. Jacobsen questioned the Committee Item 5.2 whether they preferred an evening meeting time or early morning. The consensus was to meet in the evening at 6 p.m. NEW BUSINESS Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Schmidt, to Item 6.1 approve the Planning Commission minutes of October 5, 2010. All voted in favor. Motion carried. OLD BUSINESS Mr. Jacobsen reported that the League was working with the legislators Miscellaneous Issues that introduced a bill regarding cities granting variances. They were looking at introducing legislation that would allow uniformity between counties and cities so the same variance requirements would be used for both. The proposed legislation would be more liberal that New Hope's existing code. ANNOUNCEMENTS Chair Houle announced open houses for the community to discuss the Transit Oriented Development study's vision for the City Center area on February 16 at Sonnesyn Elementary School and on March 2 at the golf course clubhouse. He encouraged commissioners to attend. Chair Houle announced the availability of on -line land use training and to contact the city clerk if anyone was interested. Mr. Jacobsen stated that the next City Council /Planning Commission dialogue was tentatively scheduled for June 20. This would be a dialogue to discuss issues of mutual concern. November was tentatively scheduled for the next update to the Council. Mr. Jacobsen announced the State of the City address would be held on February 8 in conjunction with TwmWest Chamber of Commerce and invited commissioners to attend. Chair Houle announced that Chief Link was asking commissioners for help in March in grading essays written by 8th grade students. Chair Houle and Commissioner Svendsen volunteered. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:25 Planning Commission Meeting 14 February 1, 2011 p.m. Respectfully submitted, Pamela Sylvester Recording Secretary Planning Commission Meeting 15 February 1, 2011