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071012 planning commissionCITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES July 10, 2012 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 (arrived 7:04 p.m.), Jim Brinkman, Jeff Houle, Sandra Hunten, Roger Landy, Christopher McKenzie, Sunday Onadipe Absent: Ranjan Nirgude, Tom Schmidt, Steve Svendsen Also Present: Curtis Jacobsen, Director of Community Development, Eric Weiss, Community Development Assistant, Steve Sondrall, City Attorney, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING Planning Case 12 -06 Chair Houle introduced Item 4.1, request for site plan review to allow Item 4.1 expansion of existing convenience store, 7900 Bass Lake Road, Jade Inc., petitioner. Mr. Eric Weiss reported that Winnetka Marathon had requested a site plan review to expand its existing convenience store. The site is zoned CB, community business, and is located at the northwest quadrant of Bass Lake Road and Winnetka Avenue. It is surrounded by commercial and high density residential properties. The site area totals .62 acres in size. The existing building contains 1,870 square feet and the proposed addition would add 812 square feet. The applicant desires the expansion of the convenience store to increase sales and product lines. The proposal meets all required setbacks. The four existing curb cuts provide vehicle access from Bass Lake Road and Winnetka Avenue. The southern access on Winnetka raises some concerns for staff due to the proximity to the intersection, however, this is an existing condition that will remain. There is adequate space on site for maneuvering of gasoline and product delivery trucks. A private sidewalk is proposed along the southern and eastern sides of the building. Ice and propane storage would be located on the sidewalk along the southeastern portion of the building which would conflict with pedestrian movement. The recommendation is to extend the sidewalk around the outdoor sales area in a teardrop design for better pedestrian movement. Disability access is required. Based on occupancy, a total of 15 parking stalls are required, and 25 stalls are provided including the stalls within the fuel station area. In previous applications, fueling area stalls have been included in total parking. The seven parking spaces on the east side of the property are partially located in the public right -of -way. These spaces will be permitted to remain as legal non - conforming with the understanding that if public improvements are proposed at any time in the future, those spaces could be lost or disrupted, at the owner's expense. The site would comply with city parking standards if those stalls were ever lost. It may be possible for the applicant to restripe the area along the east property line for parallel parking. Mr. Weiss stated that all building materials for the expansion would match the existing building and would consist of glass, brick and a metal shake mansard roof. Rooftop equipment must be painted to match the building. The new addition would provide a larger floor area for the convenience store and cooler space. No landscaping has been proposed as part of the project. The owners have attempted to make improvements to the right -of -way green space at the corner, but it has been disrupted many times due to road construction projects. The photometric plan indicated that all of the city's lighting standards have been met. Details should be provided for the light fixtures. New and existing signage would comply with the limit of 15 percent of the front face of the building or 250 square feet. New signs would be added on the east side of the building and above the entrance to the convenience store. Trash would be stored within an enclosure on the north side of the building. No additional impervious surface would be added with this project, therefore, watershed review is not required. The proposal generally meets the intent of the design guidelines. Mr. Weiss explained that a site plan review was necessary due to the large increase in floor area, approximately 43 percent, and the alteration of the face of the building as seen at the public right -of -way. The Design and Review Committee met with the applicant and was generally supportive of the proposal. A site plan review does not require notification of neighboring properties or publication of a legal notice. Mr. Weiss stated that staff recommended approval of the site plan review subject to the conditions listed in the planning report. Chair Houle wondered how the parking stalls located in the right -of -way were approved. Mr. Weiss responded that the stalls may have been there at the time Winnetka Avenue was widened, but the stalls would be considered legal non - conforming. Ms. Pam Showalter, 8635 Quarles Road, Maple Grove, came forward to answer questions of the Commission. She stated that she was agreeable to complying with all conditions of approval. Chair Houle questioned whether there would be a ramp added to access to the sidewalk around the convenience store and was answered in the affirmative. Ms. Showalter commented that handicap stalls would be located on the east side of the Planning Commission Meeting 2 July 10, 2012 property. If those parking stalls would be lost, the handicap stalls would be moved to the west side of the parking lot. Mr. Russ Rosa, Rosa Architectural Group, 1084 Sterling Street North, St. Paul, stated that the existing floor of the building matches the pavement elevation, so the curbs are higher. He indicated the ramp would be located on the teardrop portion of the sidewalk. Commissioner Brinkman inquired which of the four existing curb cuts was used most by customers and Ms. Showalter replied that all of the access points are used equally. Commissioner Brinkman questioned the hours of operation. Ms. Showalter stated that the establishment is open from 6 a.m. to 10 p.m. Chair Houle confirmed that the 15 parking stalls included parking for the four employees. Mr. Weiss interjected that one parking stall on the west somewhat hinders traffic circulation around the building. Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 4.1 to approve Planning Case 12 -06, request for site plan review to allow expansion of existing convenience store, 7900 Bass Lake Road, Jade Inc., petitioner, subject to the following conditions: 1. Applicant to enter into site improvement agreement with city (to be prepared by the city attorney). 2. Applicant to provide financial guarantee /performance bond for site improvements (amount to be determined by city engineer and building official). 3. Through approval of this plan, the property owner is hereby put on notice that at any time in the future, the section of right -of -way that is encroached upon by the parking spaces is needed for any public improvement, the parking stalls may be lost or disrupted, at the owner's expense. 4. The applicant to provide a revised plan that shows a proposed sidewalk teardrop expansion on the east side of the proposed addition and disability access ramp locations. 5. The applicant to paint the rooftop equipment to match the building. 6. Lighting fixtures to be 90 degree cut -off and limited to a height of 25 feet. Voting in favor: Anderson, Brinkman, Houle, Hunten, Landy, McKenzie, Onadipe Voting against: None Absent: Nirgude, Schmidt, Svendsen Motion approved. Chair Houle stated the City Council would consider this request at its meeting on July 23, 2012, and asked that the petitioner be in attendance. Planning Commission Meeting 3 July 10, 2012 COMMITTEE REPORTS Design and Review Chair Houle asked whether there would be an August committee Committee meeting. Mr. Jacobsen indicated staff was not aware of any new Item 5.1 applications to be submitted on Friday, but would let the committee members know whether or not there would be a meeting on August 16. Codes and Standards Mr. Jacobsen stated that staff would like to schedule a meeting to review Committee the ordinance regarding storage of recreational vehicles and possibly Item 5.2 modify the number of recreational vehicles allowed on a property. A committee meeting was scheduled for July 25 at 7:30 a.m. Commissioner Hunten inquired whether the committee would be reviewing any additional items from the list that was distributed several months ago. NEW BUSINESS Item 6.1 Chair Houle introduced Item 6.1, TIF Modification. TIF Modification Mr. Jacobsen stated that these three TIF districts were set up in 1985 and 1986 and an estimate was established with regard to the revenue that would be generated. TIF law has changed over the years and the city must be certain the revenue projections in the TIF documents match the potential expenditure projections, otherwise, the additional revenue has to be returned to Hennepin County. There is an estimated $300,000 additional revenue from plans 85 -1, 85 -1 and 86 -1 that the city is planning to use for the purchase of Kmart. The TIF districts must be modified so the city has authorization to spend the additional $300,000. At the end of this year, those three TIF districts will dissolve and all of the tax revenue that is currently being generated, instead of being captured in a tax increment district, will go to the general fund of the city. The tax increment from these districts was utilized for redevelopment purposes. At the current time, the city captures all of the dollars in the TIF district, including the county's and school district's portion. As of January 1, 2013, all three entities will get their portion. The city's new TIF consultant indicated that the modifications should be in place prior to the purchase of the Kmart property later in July to be able to utilize the additional funds for that purpose. Mr. Jacobsen explained that the Modification to the Redevelopment Area Plan for Redevelopment Project No. 1 gives a breakdown of all the past actions the city has taken since 1980. It gives a breakdown of what has happened and what is planned for the future. TIF Districts 85 -1, 85 -2 and 86 -1 each relate to a specific district where the city is generating money. The terms of each of these three districts will expire at the end of 2012. The modification of these three districts ensures the city is able to use the money for redevelopment purposes. Over the last several years, the money generated in these districts has been spent on other redevelopment projects in the city. Planning Commission Meeting 4 July 10, 2012 Mr. Weiss stated that there are different types of TIF districts and they all have a specific timeline. These three districts are at the end of their terms and the city must decide how to spend the dollars. The city has many additional districts which are all at different points in their terms. The city is changing the TIF map which shows the project areas where the money can be spent. At this time, there are specific parcels throughout the city listed in the plan which limits where the TIF surplus can be spent. The map is being modified to include the entire city so the city council is not limited moving forward in where the money can be spent. The reasoning for this is that as a fully developed city, every project is for redevelopment and everything in the city may need redevelopment in the future. Mr. Steve Sondrall added the city was not creating any new TIF districts. The proposed redevelopment area on the map would change to be the entire city. There is a deadline as to when the city can spend TIF money being generated by these districts that are going to sunset. The city is establishing the new city -wide redevelopment area so there is no issue about where the TIF money may be spent. The new consultant was concerned that the Kmart property was not in the redevelopment area and the city could not use the $300,000 for the acquisition. The Planning Commission must adopt a resolution stating the city is in conformance with the redevelopment plans. In answer to a question, Mr. Jacobsen stated that the Winnetka Learning Center was included in the TIF district with the Ryland (Winnetka Green) development and Winnetka Townhomes development - 03 -1 and 04 -1. Mr. Sondrall added that if the city does not spend the tax increment that is generated, the money goes back to the county to be divided among the other taxing jurisdictions. Commissioner Hunten was concerned that all of the properties listed on the plan for redevelopment may not need redevelopment. Mr. Jacobsen stated that the redevelopment plan would continue on into the future and at some point the properties may be redeveloped. If the properties are not listed, the city cannot acquire them without another modification, therefore, it is best to include every potential property for redevelopment at the beginning and work toward those goals. Motion Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 6.1 to approve a resolution of the city of New Hope Planning Commission finding that a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and a Modification to the Tax Increment Financing Plans for Tax Increment Financing District No. 85 -1, No. 85 -2 and No. 86 -1 conform to the general plans for the development and redevelopment of the city. Voting in favor: Anderson, Brinkman, Houle, Hunten, Landy, Planning Commission Meeting 5 July 10, 2012 McKenzie, Onadipe Voting against: None Absent: Nirgude, Schmidt, Svendsen Motion approved. Chair Houle asked that staff or the consultant provide more information regarding the source of funds and the use of funds at a future meeting. Item 6.2 Chair Houle introduced Item 6.2, Discussion of City Center Zoning. PC12 -03 There was no further discussion on this item. OLD BUSINESS Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Brinkman, Item 7.1 to approve the Planning Commission minutes of June 5, 2012, as amended. All voted in favor. Motion carried. ANNOUNCEMENTS Commissioner Anderson stated that most the Abra building at 7709 42nd Avenue has been vacated, except for one or two small businesses. Commissioner Anderson inquired how public works staff notifies residents when water lines are flushed and the potential for rust in the water lines. Staff responded that he should contact the public works department. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:58 p.m. Respectfully submitted, Pamela Sylvester, Recording Secretary Planning Commission Meeting 6 July 10, 2012