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? <br />alleviate traffic, but it will accommodate it. Regarding Wal-Mart acquiring the <br />properties on which there are cross easements, Mr. Dubelko was not sure how to <br />stop that, and Mr. Thomas suggested .that perhaps deed restrictions could be <br />required. Mr. Dubelko noted that those owners would be changing their access <br />without city approval and he will look into deed restrictions. Mr. Thoma,s also <br />asked if a deed restriction could restrict 24 hour operation. Mr. Dubelko <br />believed that this should be included in the business regulation codes and a <br />initiative petition could be presented to Council asking for it. He further <br />advised Mr. Thomas tha.t he doubted that any legislation could be passed in <br />reference to traffic conditions which have reached the saturation point <br />superseding existing zoning an a site. It was noted also that Wal-Mart frequently <br />buys property, then sells it back to the owners after it is developeel and then <br />leases it back. Mr. Herbster was advised that he could examine any documents in <br />the Building Department and might be able to get copies of theme It was clarified <br />for Mayor Boyle that even though the motion was misunderstood, it would not <br />invalidate the intent of motion since this proposal is still in the planning <br />process. He pointed out that adverse impact could also include safety. Mrs. Pilz <br />questioned if anyone in the city had attempted to do anything about traffic <br />saturation before Wal-Ma.rt came in. Mr. Thorias explained that the Commission had <br />just completed a Nfaster Plan which proposes to council that a large portion of <br />Lorain Road west of Stearns be rezoned from retail to a lesser impact zoning <br />classification, this parcel was to have been rezoned to an office zoning. Prior <br />to and during the framing of the motion, the members reviewed all the points <br />brought up previously.. They agreed that the expansion could cause problems later <br />with buffering and mounding, and would like it resolved at this time rather than <br />when the expansion is definitely proposed. Mr. Orlowski reiterated that <br />relocating the truck dock to the south would eliminate problems with the <br />expansion. Mr. Gorris would like to see a mound or more dense screening on Mill <br />Road to screen from light and noise. He also would like another pedestrian access <br />and landscaping on the old Sherwin Williams drive on Dover Center Road and <br />another pedestrian access on Lorain Road, perhaps closer to Dover Center. He <br />questioned the access point from Wal-Mart to McDonald's which would funnel <br />traffic to the eastern drive and would like this re-studied and suggested that it <br />might be brought in on the north siele in the area of the 28 parking spaces. Mr. <br />Payne advised that this is still being studied by engineers and it might be <br />necessary to put a cross through drive in front of the building. Mr. Newberry <br />noted that they may have to use some of McDonald's property and replace some of <br />their parking. The members would like to see copies of the access proposals and a <br />definition of what is meant by shared access. The Commission did not intend cross <br />access to be used as a cut through from adjacent businesses by customers who had <br />no intention of patronizing those businesses. Mr. Tallon suggested simply <br />eliminating the access points on Dover Center Road and stated that the Comnission <br />was anly interested in shared access with businesses that touch Lorain Road. Mr. <br />Bingham objected that the previous motinn did not state that and the minutes were <br />approved. Mr. Gorris noted that this was still in the planning stages so there <br />could be some misinterpretations. He would also like the business with shared <br />access to present site plans to the Building Department showing the property <br />after the parking spaces have been eliminated in order to-make sure the property <br />still conforms. Mr. Orlowski suggested that the developers present a cut of the <br />mound showing the slopes. Mr. Conway requested that they present additional <br />information on their sign program so that his department can check for code <br />compliance. B. Gorris moved to t'able tlie Wal-Mart proposal until the next meeting <br />at which point he would like the developer to return with the following <br />revisions. 1) That any proposed expansion clearly does not violate the Porter <br />14