05/22/2001 Minutes - Laserfiche WebLink

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' . J. questioned if the mounds would be raised or additional mounds added. Mr. Gerragnoli indicated that ? additional mounds would be added. Top's has agreed to address existing tree issues. Top's will hire an export to collectively and individually address landscaping issues along the resident's yards that abut the site. Mrs. O'Rourke voiced her concern about the loading docks being right next to a playground for the daycare. The fumes, noise and trucks themselves post a danger to the children. She indicated that a fence would have to be put in place to make sure the children are safe. The trucks would also have to shut down when they are waiting, unloading, or loading to keep the fumes down. The docks should have a retaining wall of soine type. Mr. Tomczak indicated that there will be a retaining wall around the dock area. Mr. Spalding questioned if the property between the auto repair shop and the new Top's building would remain parking or would there be some green space between the two properties. Mr. Conway reviewed that the plans called for a l Ofoot green space between the two parcels. Mr. Spalding indicated that Top's has done an excellent job with the site. Councilman Limpert came forward to represent the residents. Mr. Limpert indicated that the residents are very pleased with Top's organization as they have been very good about working with the neighbors. They have met with them and accepted their inputs and are willing to work together. The residents would like to make sure that what ever has been agreed upon is put in the minutes to make sure there is something in place that is legally binding. The residents want to make sure that the landscaping, fence and mounds are maintained. He suggested that the property maintenance code will cover those issues. Nfr. Dubelko indicated that it was important to understand that this is a point were the original plans process ends and a point were the property maintenance code picks up. The Planning Commission has to stick to their duty to make sure that the structure is in the right location, landscaping is appropriate, and the fencing is appropriate as well. The minutes should not include proinises or agreements by the developer, which are not enforceable. That is why it is important for the city to plan well and for the residents to give their input to make sure a good plan is put in place which will sufficiently buffer the neighbors. The real property maintenance code does provide for maintenance of the landscaping as approved by the Planning Commission as well as maintenance of the fence. Once it is developed and occupied, it then goes into the property maintenance code. 1VIr. Limpert indicated that there is concern as to what time demolition, garbage and deliveries will take place. He questioned if times could be part of the motion to make sure the times will be followed. Mr. Dubelko indicated that agreements that are made that do not find their basis in the zoning code are not enforceable. That is why it is important to follow the zoning code. It is designed to make sure that a structure is located on a site so that it does not adversely affect the neighboring property. It is the duty of the Planning Commission to make sure that the structure or dumpster is located in a good location not to regulate their hours as that is not the Planning Commissions function. Mr. Limpert reviewed that increasing the water retention basin and addressing the landscaping problem i.e. dead trees and replacing shrubs with new ones and addino, mounds wi11 address neighbors concerns. During the process of demolition, Top's has agreed to power wash some of the homes of the neighbors to remove the dust that will be generated. Councilman at large Miller suggested that the commission deny extended demolition hours to Top's as was granted Home Depot when they did their demolition. Mr. Dubelko indicated that that is not an issue for the Planning Commission. The Planning Commission can address many issues and if they would like to pass a concern on to Council, they can because they are a City body. However when it comes time to make Planning Commissions ruling for the proposal the board has to stick to things such as structure itself, location, landscaping, loading zones things of that nature. Issues regarding business regulations such as hours of picking up garbage, demolition, construction those are covered by business regulation codes. Mr. N3iller agreed that officials on their own should not grant exceptions to existing codes. The current codes regulate that demolition hours start at 7:00am. He would like to the Planning Cornmission to recommend to all the boards that demolition hours are not changed. Mr. Spalding inquired whether or not there were going to be lights in the back and rear sides of the building. Mr. Telemonly indicated that all the lights on the site will be blocked from neighbors. Mr. Conway indicated that the applicants would need to submit a photometric plan the next time they meet with the 4