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HomeMy WebLinkAboutJuly 27, 2009 PLANNING COMMISSION MINUTES MONDAY, JULY 27,2009 1. Call to Order: Chairman Ringstad called the July 27,2009, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Fleming, Perez, Billington, Howley and Ringstad, Community Development/Natural Resources Director Danette Parr, Assistant City Engineer Larry Poppler and Community Development Assistant Michelle Czycalla. 2. Approval of Minutes: The Minutes from the July 13, 2009, Planning Commission meeting were approved as presented. 3. Public Hearings: A. EP09-111 EFH Realty Advisors, Inc. is requesting approval for a Combined Preliminary and Final Plat on the proposed project site. B. EP09-110 EFH Realty Advisors, Inc. is requesting a Conditional Use Permit to allow for the operation of a motor fuel station and a carwash on the subject site. Community Development/Natural Resources Director Danette Parr presented the Community Development and Natural Resources Report dated July 27, 2009, on file in the office of the Community Development/Natural Resources Department. The subject site, located at 14311 Timothy Avenue, 14291 Timothy Avenue, and 6880 Boudin Street, is zoned C-2 (General Business) and is designated C-CC (Community Retail Shopping) on the Comprehensive Plan Land Use Map. The C-2 Zoning District allows motor fuel stations and car washes by Conditional Use Permit. The 4.19 acre site is proposed to contain the following six elements: . A 9,293 square foot auto parts store . A 9,005 square foot daycare . A 4,000 square foot outdoor play area . A 5,280 square foot convenience store . Fuel pumps with an overhead canopy . A 2,790 square foot carwash The Combined Preliminary and Final Plat consist of two lots (lot 1 = 78,936 square feet, lot 2 = 103,684 square feet). There are no new streets proposed for the development and a sidewalk has been added along Boudin Street. There will be no signage facing residential properties and the applicant is proposing significant landscaping. The sanitary sewer and water connections will come from Boudin Street north of the site. The site will also connect to storm sewer stubs that will drain through the storm pond located along TH 13 and cascade down the TH 13 ditch towards Prior Lake. The storm sewer water will be treated by a number of rain gardens prior to entering the storm water pond and then discharging into the City system. The two entrances off of Boudin Street control the grading of the site. Boudins Street is 12 to 14 feet lower than the parcel north of the proposed Kwik Trip. These significant grade differences present L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 1 Planning Commission Meeting July 27, 2009 some design challenges. The developer is matching into the grade of Boudins Street with a grade of five percent, which is the City's design maximum for parking areas. There is also a proposed four foot retaining wall on the north end of the site. The developer hired Spack Consulting to conduct a traffic impact study that indicates the level of service will be acceptable for the number of trips generated on the site. The proposed 118 parking spaces exceeds the City's parking requirements. Landscaping includes 115 trees, 192 shrubs, 394 perennials, and 609 prairie plugs, all of which exceed the City requirements. Due to the extensive grading of the site the majority of the current trees cannot be saved. The applicant is proposing an eight foot board on board fence along the residential properties to the west side of the carwash and north of the convince store. Fencing will also run along Timothy Avenue between buildings. The City follows the State's noise regulations. The proposed Kwik Trip will be required not to exceed 65 decibels during the day and from 10pm to 7am cannot exceed 55 decibels. Some of the fuel/convince stations near by have the following hours: Holiday, Savage - open 24 hours Super America, TH 13 and Connlley, Savage - open 24 hours Super America, 6880 Boone Lane, Savage - Sundays 6am to 11pm, Monday-Thursday 5am to 11pm, Friday-Saturday 5am to 12am. Kwik Trip, 11129162 Street, Lakeville - open 24 hours (car dryers off 10pm to 6am) Parr highlighted the conditions that staff is proposing as well as other conditions the Planning Commission can consider. Questions from the Commissioners: Billington asked Parr about the height and size of the berm. Parr stated originally there was a two foot berm along Timothy Avenue, however after receiving concerns from the neighbors regarding storm water the City Water Resources Engineer thought it would be more appropriate to have rain gardens along Timothy Avenue. Poppler added there is no berming proposed along the north boundary of the site because the elevation is higher. Poppler explained that the grade will come down at a 4: 1 ratio from the neighbor's yards to a four foot retaining wall. Billington asked what will be visible from the neighboring properties to the north. Popper stated the proposed site will be 4 to 6 feet lower than the grades of the neighbor's yards. Poppler added the applicant is also proposing an eight foot fence on top of the retaining wall. Howley asked if the existing Napa is moving from its current location in Prior Lake. Parr replied yes. Howley asked how many parking stalls are required on the site. Parr replied 116 stalls are required and the applicant is proposing 118 stalls. Howley asked if the CUP conditions apply to lot 1 only. Parr replied that the conditions of the CUP apply to the entire site. Howley asked if a future owner/user of lot 2 is ever in violation of the CUP, could the City close the Kwik Trip or revoke the CUP. Parr replied it depends on the issue. Parr added if there are limitations on hours of operation and deliveries and a user exceeds those, yes that would have to be addressed. Howley asked if the site would meet all the City's requirements if the rain gardens were removed along Timothy Avenue. Poppler replied no. Howley asked if there is a possibility of going to at 3: 1 slope rather than a 4: 1 slope. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 2 Planning Commission Meeting July 27, 2009 Poppler replied that the City views a slope steeper than 4: 1 as an un maintained slope. Poppler added the slope becomes difficult to mow and maintain when it gets beyond the 4: 1 ratio. Perez asked if Parr measured the berm and fence at the fuel station on Boone Avenue in Savage. Parr guessed the fence is six feet and did not know the height of the berm. Perez asked if it was possible to stagger the trees for more coverage. Parr stated there is not enough room to stagger the trees. Perez asked if the City Parks Supervisor indicated if the trees could be staggered. Parr responded the Parks Supervisor did not mention anything about staggering trees. Poppler added there is not much room between the property line and the retaining wall to stagger the trees. Ringstad asked what the neighboring views will look like with the four foot retaining wall and the eight foot fence. Poppler stated it's hard to tell because there is nothing on the site right now. Poppler added there will be some residual light from the site. Ringstad asked if there will be a height difference between the current fence on the Carlton property and the proposed fence. Parr stated that the current fence behind Carlton's property is six feet tall and there is not a fence currently around the Phelan property. Poppler added when looking out from the second story of the home there may not be a difference. Poppler added the grade change and the four foot retaining wall will help. Commissioner Ringstad read the Public Hearing Statement and invited the developer to the podium. Gene Happe, EFH Realty Advisors, read Kwik Trip's delivery hours and stated they were listed in the developers response to the Community Development review dated June 25, 2009. Happe stated that EFH Realty Advisors looked at the three options available for the site and believe the current plan is the best use. If EFH were to maximize the site they could get 37,000 square feet of retail, whereas the current plan has only 24,000 square feet of building. Happe stated he has changed the site plan to accommodate some of the neighbors requests, however does not agree that a 14 foot decorative building be blocked by a 6 to 8 foot fence with dead space between. Happe feels that 30 feet of landscaping along Timothy Avenue is more appropriate. Happe added that he doesn't have a problem altering the landscaping if it will help the site. Billington asked Happe if there are any areas of contention that define a resolution. Happe stated he believes there are still several, one being the eight foot masonry retaining wall with an eight foot fence that the neighbors are requesting. Happe stated several reasons why he opposes creating this masonry wall. Billington asked what the height is of the service station and the canopy. Happe stated that the canopy is18 feet tall the store is 24 feet tall. Billington asked if there will be any light splash into the neighbor's yards. Happe stated the latest LED lighting will be used. Howley asked why there is a 55 foot dimension from the canopy to the curb line along Boudin Street and 37 feet from the canopy to the parking stalls. Leah Berlin, Kwik Trip Inc., stated the distances are corporate standard and provide the best access in and out of the pumps. Howley asked if it were possible to put a sidewalk connecting Kwik Trip to the public right-of-way, possibly along the south side of the north entry. Happe stated he does not have a problem with adding a sidewalk, however the neighbors objected to people crossing the parking lot to access the commercial area across TH 13. Howley asked if it would be possible to move the Kwik Trip trash enclosure south so it would be opposite the retail trash enclosure. Berlin stated Kwik Trips prefers to have the trash enclosure on that side of the building. Berlin added that delivery trucks pull into the north side of the building and trash pick up will only be during the day. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 3 Planning Commission Meeting July 27,2009 Berlin also stated the door employees will use to access the trash enclosure is on the north side of the building and moving it could present safety concerns. Howley asked if it were possible to mirror the entire building. Berlin described Kwik Trip's goal is to have in and out flow be as easy as possible. Berlin stated Kwik Trip would like the main entry door to be close to customer parking and if the building were mirrored customers would have to drive to the north corner of the lot causing congestion. Berlin stated Kwik Trip is not willing to flip the building. The public hearing opened at 7:08 p.m. Comments from the public: Robert Carlton, 14251 Timothy Avenue, stated he will bare the cost, equipment, etc. to provide the berming/landscaping on his property. Carlton stated the retaining wall and fence the applicant is proposing is a net loss of three feet from the current fence. Carlton's fence currently sits six feet east of his property line and onto EFH's property. Carlton is asking for a two foot berm and eight foot fence, with the fence where it currently sits. Carlton stated EFH is proposing to move the fence six feet west to Carlson's property line. Carlton added he gets more coverage from what he is requesting over what the developer is proposing. Carlton thinks this is a reasonable request and stated if Happe supplies the dirt Carlton will fix the grade. Carlton does not what to see people at the gas pumps from his deck. Carlton commented that the berm and fence across the street from the Holiday in Savage actually sits above the adjacent house. Sandee Wright, 14300 Timothy Avenue, asked that Jeff Phelan's video be played. Jeff Phelan, 14271 Timothy Avenue, prepared a video for the Commissioners to be played in his absence. In his video Phelan stated the neighbors would like to see a reasonable and rational transition. Phelan added the neighbors expect limited hours of operation, significant berming and trees, and a masonry wall on top of the berm. Phelan stated he met with the Assistant City Engineer as well and an independent engineer, both verifying that his proposed modifications are feasible and will work with the footprint. Sandee Wright, 14300 Timothy Avenue, wanted to confirm the Commissioners received the letters written by the neighbors and presented a list to staff for verification. Wright highlighted the neighbor's primary concerns including limited hours of operation, significant berming and a masonry wall. Wright stated there is a door behind the Kwik Trip building that opens to her front yard and fears this back door will be used for employee breaks or as an exit for criminal activity. Wright highlighted she would like the "sense of neighborhood" to remain and doesn't see that possible if the back of the Kwik Trip building is 30 feet from her home. Wright stated currently the two residential homes purchase by EFH and Mr. Phelan's home block her view of TH 13 and the commercial properties to the north. Wright asked that a continuous wall be built on the west side of the property for safety and security. Wright presented research she had done regarding criminal activity at Kwik Trip's around the country. Wright added Kwik Trip attracts a certain type of traffic that does not belong in a residential neighborhood. Fleming asked Wright if Happe refused to the meet with the neighbors or if Happe did meet with the neighbors and is not meeting their demands. Wright replied both and stated the adjacent neighbors met with Happe between the Comprehensive Plan change and the Rezoning to discuss their concerns. Wright added EFH was not able to meet most of the neighbor's requests. Fleming added he wanted to clarify the situation for those who were not familiar with the project. Happe stated there is not a door on the west side of the Kwik Trip building and clarified the daycare and auto parts store have emergency exits along the west side of the retail building. Happe added that he did meet with the neighbors on June 9,2009 and shortly thereafter received a letter of demands L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 4 Planning Commission Meeting July 27, 2009 from the neighbors that could not be met. Happe stated some possibilities on how to handle the power lines on Phelan's property and added that no landscaping can be done over buried power lines. Happe explained the retaining wall done on a Lakeville project and why a similar wall wouldn't work on this site. Happe stated he was unaware that Carlton was willing to pay for a berm. Happe has no problem building a berm, however he cannot go onto Carlton's property. Happe added that Carlton's current fence is an encroachment on EFH's property that Krause Anderson (the owner to the north) installed. Happe added he is willing to dump dirt in the north corner of the site; however he cannot encroach on Krause Anderson's property. Ringstad read a statement from Police Chief Bill O'Rourke indicating O'Rourke doesn't believe this Kwik Trip will attribute to crime within the City. Tony Stapleton, 6807 Boudin Street, lives in the Watersedge Townhome Association and believes there are four key points that are "deal breakers". Stapleton stated that 24 hour service will not be acceptable and the neighbors demand limited hours. Stapleton thanked the developer for accommodating the sidewalk along Boudin Street and again invited Happe to meet with the Watersedge association. Stapleton stated the neighbors would like the southern entrance along Boudin Street to be moved as far east as possible. Stapleton believes moving the entrance will deter the transient traffic from entering the neighborhood. Stapleton asked that the berming be changed to a 3: 1 ratio in the interest of protecting the two most adjacent properties. Ringstad asked staff if it were possible to move the south entrance. Poppler stated the engineers would like to align the south entrance with the north entrance. Fleming asked if the 4: 1 berm ratio the developer was using was required by the City. Pop pier replied yes. Elaine Grendahl, 14221 Natalie Road, read a letter she prepared asking the Commission to help the neighbors maintain the great neighborhood they have. Grendahl asked the City to include extreme measures to ensure the safety, security and integrity of the neighborhood. Ron Wiese, 6830 Boudin Street, stated the back side of the proposed building is highly exposed to his home. Wiese touched on the need for berming along Timothy Avenue as well as a wall or some other form of protection. Wiese stated there are six doors on the back side of the retail building in which employees, patrons, and criminals can use to enter the neighborhood. Wiese asked that Poppler display a sketch that was put together regarding the placement of the wall along the west side of the building. Perez asked if the building will still be visible if a wall were put up. Wiese replied yes and stated that there needs to be some sort of buffering between the building and the neighborhood. Fleming asked what Wiese is seeking protection from. Wiese stated he is seeking protection from the back of the building. Perez asked if the appearance of the building was a concern or if the six doors were a concern. Wiese stated both; the neighborhood needs some buffering from the commercial development. Maureen Hermann, 14151 Timothy Avenue, stated when PDQ was in the area she often times had people walking through her yard (prior to the berm and fence). Hermann stated she approached PDQ about crime and PDQ stated they didn't reported crime because they didn't want to appear in the paper. Hermann stated the safety of the neighborhood has increased since PDQ has left. Perez asked what the height of Hermann's fence and berm was. Hermann estimated the berm is six feet and the fence is six feet. Brian Wall, 6781 Denise Street, read the email he sent to the Commissioners. Wall stated from experience the other 24 hour stations near by do not attract much customer traffic during late hours. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 5 Planning Commission Meeting July 27, 2009 Wall added the landscaping will take years to grow to a height where it will block the building, whereas a wall blocks it immediately. Wall is also in favor of the wall to block snowmobile traffic the Kwik Trip will attract and the noise the daycare will create. Wall highlighted Prior Lake is a community that cares about its residents and asks that concept be applied to this development. Recess Commissioner Ringstad called a recess at 8:28 p.m. Ralph Boeser, 14163 Natalie Road, is concerned about cars speeding through the neighborhood to get to CSAH 42. Boeser agrees that the south exit be moved east and questioned how far the fuel pumps have to be from the daycare. Boeser does not think it's acceptable to have fuel that close to small children. Boeser asked if the 118 parking spaces includes employee parking. Parr stated the City's parking requirement does take employee parking into consideration. Parr added that there will be a "no through traffic" sign just before the south entrance. Fleming mentioned there is a New Horizon childcare facility next to a gas station in the Fountain Hills area. Parr confirmed Fleming's statement and added the fuel tanks are underground and the site is not in violation of any building codes. Leland Smith, 14358 Louis Street, commented that traffic is expected to go from 900 cars to 5,800 cars per year and added that increase seems excessive. Bill Allen, 6823 Boudin Street, commented the 24 hour convenience/gas station will also affect the south side of the Boudin's Bay. Allen added that snowmobiles will go through Boudin's Bay to access the gas station 24 hours a day. Allen stated for these reasons he would like to see the south access moved to the east. Tyanne Riegle, 14200 Rutgers Street, clarified there is not direct access from the gas station to the New Horizon in Fountain Hills. Riegle stated the Boudin Association already has problems with boaters using their 32 docks during the summer even though "no trespassing" signs are posted. Riegle added drivers also drive over the posted speed limits and stressed that signs will not make a difference. Reigle also addressed the south exit is poorly placed and should be moved east. Fleming asked if Riegle knows the distances from the underground fuel pumps to the New Horizon. Riegle did not know exactly and clarified she was referring to the direct traffic access from the gas station to the daycare that the proposed development will have. Brian Wall, 6781 Denise Street, stated if there were a major fire or explosion at the gas station the daycare will be exposed to the flames, shrapnel, etc. Wall stressed there needs to be a wall securing the development along Timothy Avenue to prevent snowmobile access. Tony Stapleton, 6807 Boudin Street, works in the drug store business and stated there is always a prototype model used when opening new facilities and 24 hour operation is always requested. Stapleton asked the Planning Commission to challenge the hours of operation because it does not fit with the neighborhood. Sandee Wright, 14300 Timothy Avenue, read an article pertaining to danger around gas stations. Wright asked if it was possible to move the south access to the east and make it a left turn only. Wright commented that the traffic study the City required did not estimate the traffic numbers into the future five to ten years. Wright added the neighbors who live on Timothy Avenue have concerns about the construction period. Wright stated the neighbors understanding is there will be no wall or no landscaping during the construction period. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 6 Planning Commission Meeting July 27,2009 Ralph Boeser, 14163 Natalie Road, wonders what the neighborhood will feel like if the Kwik Trip is open 24 hours. Boeser added the 24 hour stations near by cannot make much money during the late night hours and stated the 24 hour operation will not benefit the City. Boeser stated that complaints from the neighbors would decrease if the hours were limited and the berm and wall along Timothy were granted. Michael Wright, 14300 Timothy Avenue, addressed the trash cans that are across the street from his house and is concerned about the wind blowing the smell from the trash cans into the neighborhood. Wright stated that modifying Boudin Street to come to a T rather than an S would slow down traffic along Boudin Street providing the business to the south a safer entrance/exit and allow for safer pedestrian traffic. Wright stated he is glad to see sidewalks in the new plan, however would like to see it on the other side of Boudin Street. Wright would like more details regarding pedestrian and bike traffic. Brian Wall, 6781 Denise Street, asked if a retaining wall is required can it be done first as a courtesy to the neighbors. Anna Fite, 6807 Boudin Street, stressed there are numerous people in the neighborhood that have young children and dogs and is concerned about cars speeding on Boudin Street. Fite would like to see that the south exit to the development be moved east to prevent further traffic into the neighborhood. Robert Carlton, 14251 Timothy Avenue, clarified he will not restrict access to his property and will allow Happe to do whatever he needs to do. Carlton stated he will take care of whatever is required on his side of the property. Carlton is willing to offset some of the developer's costs to meet his needs. Gene Happe, EFH Realty Advisors, clarified he did offer money to the two adjacent neighbors to do landscaping on their property. Happe added he can put up a temporary berm and chain link fence with canvas during the construction period. Happe explained why making the south access a left turn only is a problem. Perez clarified the staff report mentions a reasonable allowance to the neighbors. Perez asked Happe if he realizes that the south access, the six back doors, increased traffic, and visibility of the property until plants mature are all concerns. Happe replied is seems the concerns are regarding people running out the back doors into the neighborhood. Happe does not believe the two users (auto part store and daycare center) will have people running out the six doors as they are designed as emergency exits only. Happe clarified landscaping will be difficult to accomplish before winter sets in. Sandee Wright, 14300 Timothy, read a quote from Adam Smith. Public hearing closed at 9:23 p.m. Commissioner Comments: Fleming: . Acknowledge the passion, spirit and synergy of the neighborhood. . It is the Commission's job to weigh the concerns, look at the elements of the CUP, and arrive at a decision that captures the spirit of the Comprehensive Plan while adhering to the Zoning Ordinance. . Inclined to support the CUP under the conditions that operational hours be limited. Fleming asked why there are ten points of access to the daycare and invited someone representing the daycare to address his concerns. Cathy Anderson, Architectural Consortium, explained the plan for the daycare center is that all children enter the outdoor play area through a central corridor rather than through separate classrooms. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 7 Planning Commission Meeting July 27,2009 Cathy highlighted there is a main door, a door to the outdoor play area, and the doors facing Timothy Avenue are emergency exits. Fleming asked what the seven doors on the front of the daycare center will be used for. Anderson stated the hardware on those doors do not allow people to enter, they are strictly emergency exits only. Fleming commented on the sale of the Wilds Kwik Trip to the SMSC and asked if Kwik Trip plans to retain this proposed building. Leah Berlin stated the Wilds Kwik Trip was the first new construction building that Kwik Trip has sold. Berlin stated the Wilds Kwik Trip was not operating successfully and stressed it is Kwik Trips intention to retain the building. Perez asked staff if the storm pond can be altered and the southern access be moved to the east. Poppler stated that the first site plan had the access moved 60-80 feet east and that location presented some turning problems for delivery vehicles entering the site. Poppler highlighted another reason the access was moved west is to align it with the north access to help traffic flow. Perez asked if delivery vehicles could use the north access. Poppler stated staff will have to look into that if the Planning Commission advises them to do so. Perez commented he would like to see the access moved and still accommodate for the larger vehicles. Perez added it's a bad access located around a curve and if it were move to the east drivers would have better sight lines. Poppler stated moving the access to the east would require drivers to look behind them when making a left turn. Perez's Comments · Realizes the biggest concerned is the hours of operation and does not support the 24 hour convenience store because of the proximity to the neighborhood and the intensity of the use. · Concerned about the neighbors site lines and is in favor of more berming and landscaping. Mike Spack, Spack Consulting, added that shifting the southern exit adds another conflict point for both vehicles and pedestrians, while squaring the intersection allows for one less decision point for the neighbors coming out of the development. Spack clarified that bike and pedestrian traffic was addressed in the traffic study resulting in the recommendation of a sidewalk along Boudin Street. Spack commented that because of the neighbors concerns with pedestrian access he is weary of moving the access to create another conflict point. Spack added there is little reason for the daycare commuters to enter the neighborhood and people who visit gas stations typically add the stop onto another trip. Spack doesn't think much traffic will be going back into the neighborhood. Perez clarified that the neighbors are not concerned about getting out of the neighborhood; they are concerned about other people getting into the neighborhood. Billington asked Staff if it was possible to increase the berming. Poppler stated that not much more can be done with the current design without going onto the neighbor's property. Poppler stated Phelan posed a question regarding increasing the berm by putting a retaining wall behind the property line along Timothy Avenue and added that is a possibility. Billington commented on the 4: 1 ratio the City requires. Poppler replied if the berm were to go above the 4: 1 ratio the retaining wall would become over 4 feet in height (making it a structure) and would not meet the structure setback ordinance. Billington asked if it were possible to use larger trees. Ben Hartberg, project landscaping consultant, stated it is possible to go with bigger trees; however they will need to be spread out further and run the risk of naturalizing to the environment at a slower pace. Hartberg added that 20 foot trees can be planted, however they may remain at 20 feet for several years before growing upward. Hartberg stated smaller trees can adapt to the environment faster and in many cases surpass a larger tree in height. L:\09 FILES\09 PLANNING COMMISSION\09 MlNUTES\MN072709.doc 8 Planning Commission Meeting July 27,2009 Billington's Comments: . Appreciates the letters from the neighborhood. . The residents have a right for the Commission to mitigate the adverse effects of the commercial venture. At the same time the Commission cannot ignore that there is a developer willing to spend millions of dollars in the City. . Will support with limited hours of operations and delivery hours from 6am to 10pm. . Lives close to the station in the Wilds and stated Kwik Trips are not noisy and do not attract crime. . Thinks Kwik Trip will make a good neighbor. Howley asked Poppler if the retaining wall goes over 4 feet in height does it have to meet normal building setbacks. Pop pier replied yes. Howley asked if a variance could be applied for. Poppler replied correct. Howley believes there is significant hardship to support a variance if there was need for a larger wall. Howley's Comments . It is tough for the Commission not to approve the CUP because it is an allowed use with in the zoning classification. . Supports the CUP with limited hours of operation. . Would like to eliminate the southern access to the site altogether and just have one entrance. . Would like to see a retaining wall with an eight foot wood fence all the way down Timothy Avenue. . Doesn't want the plan approved with work to be done on private property. . Landscaping plan is well done. . Would like a condition stating that landscaping along the north, south, and west boundaries must be completed by June 1, 2010. . There should be a condition stating that grading, berming and fencing should be in place prior to the end of site construction this year. . Supports the CUP with the conditions noted. Ringstad's Comments . Noted the possibility that the neighborhood and/or developer could appeal the Commission's findings to the City Council prolonging the process. . The Planning Commission's job is to mitigate, not eliminate. The Commission is trying to come to a balance from what the developer and the neighbors are asking for. . Would like a Kwik Trip at this location; however Kwik Trip's demand regarding 24 hours or nothing bothers Ringstad. . Believes a wood fence would accomplish the security concern of the residents. . Would like to see the fence that currently exists on Carlton's property to remain at its current height or even a few feet higher. Fleming asked Staff if the structural integrity of the fence would sustain itself over time. Parr stated there are many factors that make a fence last over time, including material and maintenance. Perez is in favor of the fence and more berming. Perez stressed his concern with the stacking of vehicles exiting through one access and would like to see a left turn only out of the south exit. Fleming believes the neighbors wouldn't want to drive all the way around to the north access to get into the development. Fleming commented the two points of access at the Wilds location is very convenient. Ringstad acknowledged the south access does look strange; however the majority of the traffic will be Kwik Trip related and will primarily use the northern access. Ringstad stated signs can be posted to deter people from entering the neighborhood. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 9 Planning Commission Meeting July 27,2009 Poppler agreed with Ringstad stating that he doesn't see a lot of people making that right hand turn into the neighborhood. Poppler added to restrict a right hand turn would be next to impossible and drivers would continuously violate the restriction. Poppler stated with a site like this you are going to want two access points if for some reason one access is blocked. Perez asked if it's still an option to move the south access. Poppler replied there would have to be some redesign involved to make sure that delivery vehicles could make the turn. Joel Cooper, James R. Hill, stated the south access could be moved; however it is a safer location where it is as it relates to traffic flow and sight lines. Howley agreed that if there is a need for two entrances the current plan is the best option. Fleming commented on the cost of the masonry fence and asked Happe if he knows the cost of a wood fence along Timothy Avenue. Gene Happe stated he did not know the cost of a wood fence. Happe added there is fencing currently proposed two-thirds of the way along Timothy Avenue, finishing it to Boudin Street is not a problem. Happe questioned if the Commission would like a berm with a fence along Timothy Avenue how will he recapture the water that will run out to the road. Poppler replied that Phelan's design does not change the location of the rain garden. Happe stressed his concerned regarding the 15 feet that goes out to Timothy Avenue and asked if he is required to capture that water. Poppler clarified that is a right-of-way and the water currently goes out to Timothy Avenue and will continue to go out to Timothy Avenue with this design. Joel Cooper, James R. Hill, suggested a fence and heavy landscaping in lieu of a berming and a retaining wall. Ringstad stated this is a beautiful building and in six to eight years could be an ugly wood fence if it's not maintained. Perez stated the fence along with the significant landscaping that's already proposed gets us to where we want to be. Fleming questioned if all the Commissioners were ok with a fence on top of the berm with a retaining wall. Perez replied yes but if there is a berm we are not increasing it. Parr clarified there are three sets of conditions the Commission should consider; the conditions that are required by the code, the conditions that staff recommends, and additional conditions to consider. Ringstad read the conditions staff recommends and the additional conditions to consider. Fleming question why Kwik Trip does not want to use asphalt shingles on the canopy roof as opposed to the metal listed in the plan. Leah Berlin, Kwik Trip Inc., stated Kwik Trip doesn't use asphalt shingles anymore because all of their new developments are registered to be LEED certified and to achieve cool roof standards a steel roof is needed. Perez stated he is fine with the steel roof and thinks the Commission should disregard that condition. Ringstad recommended adding a ninth condition under additional conditions to consider stating that berming/fencing be increased two feet higher on the Carlton property than what currently exists. Perez recommended conditions 2, 5, and 9 under additional conditions to consider. Howley commented there are two-story homes across Timothy Avenue and clarified the residents don't want to see loitering out the back of the building. Howley stated, as he understands it, at the property line the grading begins to decline and then there will be an eight foot fence. Howley added by doing this some visual screening will be lost. Howley added it makes more sense to put the fence 10-12 feet off the property line keeping it at natural grade so the grading doesn't start going down until it hits the fence. Howley believes this way there will be a noticeable increase in screening. Parr asked Howley to clarify where he would like the fence. Howley replied 10-12 feet east of the right-of-way line along Timothy Avenue. Poppler stated that would put the fence in the bottom of the rain garden in some areas. Howley stated any fence behind the retail building will conflict with the rain garden. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 10 Planning Commission Meeting July 27, 2009 Pop pier clarified if it's on the property line it doesn't necessarily conflict. Howley asked where the landscaping would go if the fence is on the property line. Parr stated the rain gardens would have to be shifted around. Howley stated the rain gardens can be narrowed and redesigned. Howley added nobody wants to see the landscaping inside the fence so we need to get the landscaping on the property line, then comes the fence and then whatever the developer wants to do with drainage between the fence and the building. Pop pier added that the fence will need to be set back off the property line to allow for the sight triangle to make the right hand turn from Boudin Street onto Timothy Avenue. Ringstad commented the Commission will add in the motion "to be placed where recommended by the City Engineer". A MOTION BY PEREZ, SECOND BY BILLINGTON, TO RECOMMEND APPROVAL OF THE COMBINED PRELIMINARY AND FINAL PLAT. Vote taken indicates ayes by all. MOTION CARRIED. Poppler questioned adding condition number 4 under additional conditions to consider (escrow to cover the cost of future assessments when Timothy Avenue is improved). Ringstad asked if this is done with a Letter of Credit. Poppler stated it's to pay for improvements to Timothy Avenue. Poppler added the City feels the two homes and the church currently on the site have been using the streets for quite sometime and are now in need of repair. Poppler stated the City plans to begin reconstruction in 2011 and feels this site should pay a portion of those assessments. Ringstad asked when the assessments will be paid. Pop pier replied they would be paid with the development contract. Fleming asked what the assessment cost is. Poppler replied the City has calculated six residential lot equivalents on the site and a typical assessment is roughly $6,000 per unit totaling $36,000. Fleming asked what portion the developer will be responsible for. Poppler stated the developer is responsible for the $36,000. Poppler added that the assessment calculation is forty percent of the street improvements along Timothy Avenue. Perez stated he would like to add this condition to the motion. Happe stated he objects this condition because assessments are based on future improvements. The improvements made to the previous road sewer were paid for by the previous owners of the property. Legally you cannot assess property unless there is a benefit. Happe stated he was told he had pull water and sewer off Boudin Street because the water service is inadequate off Timothy Avenue. Happe explained that pulling the water and sewer 200 feet off Boudin Street increased his costs versus pulling it 30 feet off Timothy Avenue. Happe would like this to proceed as a legal issue rather than a condition in the approval of the CUP. Parr affirmed Happe has voiced his concerns regarding the assessments. Parr explained the City Attorney did advise it was appropriate to include this as a condition. Fleming asked Parr if the City Attorney gave any rational as to why it is appropriate to include these assessments as a condition. Parr stated she provided the City Attorney the background on the situation and asked if the City has the right to ask for these assessments. The City Attorney replied yes the City has the right to ask for the assessments if the Commission feels it's appropriate. Fleming clarified that appropriate does not mean the City should ask for these assessments. Fleming stated there is a real thin line between articulating a reasonable demand and asking for something that is punitive. Fleming added unless the City Attorney advises the City should do this, he is opposed. Parr clarified that City Attorney stated the City "could" not the City "should". Fleming stated he is opposed to adding these assessments to the CUP. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 11 Planning Commission Meeting July 27, 2009 Ringstad added the two homes and the church beat up those roads just as much as anyone else in the neighborhood and asked why they shouldn't have to help pay for the improvements. Fleming agreed with Ringstad and asked why the developer should pay the assessments when he hasn't attributed to the erosion of the roads. Poppler clarified that each property located along Timothy Avenue is assessed for the same amount and the City is asking for the developer's portion of six equivalent units. Fleming asked what the total cost is to improve the street and what percentage/amount the developer will pay versus the other neighbors on the street. Poppler explained the City does not know exactly what the cost to reconstruct the street is. Poppler stated that 40 percent of the street and storm sewer component of the project are assessed back to the units located along the project and each unit is assessed the same amount. Poppler added because the site has significant frontage along Timothy Avenue and Boudin Street the City calculated the site to be equivalent to six residential units. Parr added that if the developer does not pay a portion on the improvements, the rest of the units along the project will absorb the cost. Ringstad stated that he doesn't think asking this of the developer is punitive, and thinks it's a reasonable condition. A MOTION BY RINGSTAD, SECOND BY PEREZ, FOR APPROVAL OF RESOLUTION 09-02PC APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION AND CARWASH WITHIN THE C-2 ZONING DISTRICT, SUBJECT TO THE LISTED CONDITIONS. Vote taken indicates ayes by all. MOTION CARRIED. 4. Old Business: None 5. New Business: None 6. Announcements and Correspondence: None 7. Adjournment: The meeting adjourned at 10:38 p.m. Michelle Czycalla, Community Development Assistant L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN072709.doc 12