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June 23, 2004 Special Meeting
June 23 Special Meeting 2004
Trustee Kuvin called the meeting to order at 5:35 p.m. A continuation of Stage 2, Shoppes of Deerfield South, Stage 3 for Wal-Mart portion, Case #2003-612. Trustee Speidel was present. Trustee Reed was not present and her absence was excused. Also present were Administrator Greg Horwedel and Law Director Doug Miller. Clerk Kristin Spiekerman was absent with prior notice.
Trustee Kuvin gave the invocation. Trustee Speidel led in the Pledge of Allegiance.
A motion by Trustee Kuvin and second by Trustee Speidel to appoint Linda Thompson as Acting Clerk. Motion carried.
Trustee Kuvin said that two meetings ago the public comments were closed and the last meeting was the first significant opportunity for Trustee deliberation in this matter and from that deliberation a number of issues were raised. Trustee Speidel had given some material changes to the site plan that required an additional meeting. Trustee Kuvin asked Greg Horwedel if he preferred a particular approach to addressing the issues of the site plan.
Greg Horwedel suggested that Trustee Speidel outline his major points, then hear from the applicant and at that point have conversation.
Trustee Speidel asked to hear from Tim Mara, Attorney for certain residents opposed to the proposed Wal-Mart, on what Trustee Speidel had proposed.
Trustee Kuvin said that he would allow Tim Mara ten minutes to speak, although the floor wasn’t open to public comment.
Tim Mara went through several of Trustee Speidel’s proposed changes to the site plan saying that he didn’t consider them very demanding.
Trustee Kuvin said that Tim Mara didn’t present any new information. Ultimately changes that the applicant or the Trustees decide on will be supported by law. Trustee Kuvin then told Joe Trauth, Attorney for the applicant, that he could have five minutes to respond.
Joe Trauth responded that there has never been a commercial PUD in Deerfield Township that has been through the scrutiny that this application has gone through. It has been a one-year process, fifteen hearings that sets a precedent and what Mr. Mara said is totally without merit. The issue has been beat to death and the need is to move on and present their responses.
Trustee Kuvin asked if the applicant needed clarification on the issues raised by Trustee Speidel.
Steve Miller, Vandercar, thanked the staff for their time in working with them. They are interested in compromising. They want to know where Trustee Speidel would be willing to make concessions. They would like clarification relative to the set back on Wilkens Boulevard. The zoning commission suggested 200 feet and they submitted a compromise plan of 140 feet and where is that issue standing?
Trustee Kuvin replied that he thought there was an understanding at the last meeting that the applicant was comfortable with the revised June 8 plan of 141 feet. Trustee Speidel said he is comfortable with the zoning commission’s report of 200 feet. If other conditions are arrived at that are superior than what has been seen he can go to 141 feet.
Steve Miller said taking that in consideration, if they were to eliminate building one on the plan and take that area and include as green space, that eliminates 7,000 square feet and significantly increases the acreage to 3.8 acres that would remain as permanent green space. If they can use it for storm water detention and ultimately deed it to the Township. The access points as shown are acceptable with the Warren County Engineer’s Office.
Trustee Speidel said the Warren County Engineer’s Office advised them to leave the northeast access point where it is.
Steve Miller said that there would be some reconfiguration of that ground based upon access point. They do intend to donate approximately two acres to finish up Bowen Park. They and Wal-Mart have had discussions on the facade and to move forward with that if they can get modification of the set back to 140 feet they can eliminate that building and have the area green space/park land, then Wal-Mart would consider a Stage III approval that would exclude the architectural treatment and they would come back to the Board and bring their architect and come up with an elevation that would be acceptable to everyone.
David Oakes, CESO, told the Board that there have been many discussions on the elevation. They consider the present planned elevation to be a good one, but they are willing to look at an elevation with a clean slate. They propose a work session at staff level to agree upon an elevation and make that a part of Stage III approval at that time.
Trustee Kuvin made a suggestion to let the ultimate decision of an elevation be with combining the zoning commission and Trustees.
Trustee Speidel asked David Oakes to elaborate on a different facade. What other facades can they show? He likes the Inver Grove facade.
David Oakes replied that there is a nicer elevation than the Inver Grove. They propose to start with a clean slate and get input to develop an elevation.
After a discussion, it was decided to pursue other issues before making a decision on the method of choosing a final facade.
Trustee Kuvin asked Trustee Speidel to comment on other suggested changes.
Trustee Speidel said he is proposing a conservation easement along Simpson Creek that equals the county required drainage easement plus a 50 feet buffer on each side of that. No building or pavement within 250 feet of the center line of the drainage easement and 350 feet south of the Bowen Drive right of way. This would define the 3.8 acres earlier discussed a little farther south. Eliminate the detention pond that is northeast of the creek and put all the detention south and west of the creek. The following are suggestions for planting to unite the whole area. A street tree treatment with some large native hardwoods along Bowen Drive and the northeast entryway with the intention that future treatment will continue on the north side of Bowen and along the north entrance way to the future Shoppes North.
Trustee Speidel said his next concern is the layout for the front of the Shoppes; the buildings in the front part of the site are all facing on the perimeter landscaping. No parking or drives between the buildings and the landscaping. A discussion followed.
A discussion followed on traffic studies that included Tim Hershner, Director of Zoning and Planning.
Trustee Speidel said that at the last meeting he recommended eliminating two buildings, 27,000 square feet of building area which would allow for better traffic flow, easier parking and more green space. He is willing to offer an alternative to cap the parking spaces in the project at 1200 spaces and for Wal-Mart to reduce their parking ratio. He also wants to limit the outlot buildings to no more than a total of four buildings of restaurants and/or banks among the uses and allowing no drive-through usage except for one bank. A discussion followed that included Rob Slmysonis with Vandercar.
A motion by Trustee Kuvin and second by Trustee Speidel to take a 10-minute break. Motion carried.
A motion by Trustee Kuvin and second by Trustee Speidel to return to Regular Session. Motion carried.
Trustee Kuvin asked for comments from Steve Miller.
Steve Miller, with Vandercar, said that Wal-Mart is willing to limit the site to the 20,000 feet retail building, the four (4) outbuildings with one being a bank and no more three restaurants (3) defined as a sit-down eatery, in excess of 5,000 square feet. A total of 1,384 parking spaces.
Trustee Speidel said that the furthest he can go is 1,300 parking spaces for the entire site.
Steve Miller replied that they can’t agree to do that.
Trustee Speidel moved to approve the site plan for the Shoppes of Deerfield South, Case #2003-612, with the following conditions. Condition 1 through 9-As Zoning Commission recommendation states Condition 10 – As Zoning Commission recommendation, replacing the words “Main Street front elevation” with “the elevation required by Condition 13”. Condition 11 and 12 – As Zoning Commission recommends Condition 13 – Replacing Zoning Commission with the following: The building elevation of the Wal-Mart Supercenter shall have the appearance, features and style of the Inver Grove Heights MN Wal-Mart store as shown in Exhibit 1b. Condition 14 through 17 – As Zoning Commission recommends Condition 18 – eliminating Condition 19 through 21 – As Zoning Commission recommends Condition 22 – As Zoning Commission recommends with follow conditions: Parking lots shall drain storm water through engineered bio-infiltration swells or basins. The area required for these shall count towards their required parking lot landscaping. Any conflicts between the requirements of best practiced planting in the bio-infiltration areas and the planting requirements of the landscaping chapter of the Deerfield Township Zoning Code shall be resolved by the Deerfield Township Zoning Administrator. Secondly, all storm water basins shall be wet retention basins and shall be sized for 25-year critical storms. Condition 23 – As Zoning Commission recommends Condition 24 – As Zoning Commission recommends but replacing the second sentence with additionally storm water quality controls are required bio-infiltration and extended detention as per NPDES general permit shall be required. Conditions 25 through 29 – As Zoning Commission recommends Condition 30 – “The west side of any building adjacent to the grade break on the site or the north/south internal drive” shall replace the wording “The west side of Building #2”. The rest of this condition shall be as Zoning Commission recommends. Condition 31 and 32 – As Zoning Commission recommends Condition 33 – As Zoning Commission recommends with the replacement of “building #1, 2, 3, 4, 5 & 6” with “any buildings including those shown on this plan, those needing to be relocated or redesigned to meet other conditions or alternatives to be proposed”. Condition 34 – As Zoning Commission recommends. Condition 35 – The Wal-Mart store shall be oriented as generally shown on the approved site plan. All buildings except the Wal-Mart superstore shall have one face adjacent to the perimeter landscaping or the boundary of the Simpson Creek conservation area. There shall be no parking between the buildings and those boundaries. Condition 36 through 38 – As Zoning Commission recommends Condition 39 – As Zoning Commission recommends with the following amendments: Remove all reference to building numbers. In paragraph b) replace “the multi-tenant retail building #2” with “any multi-tenant retail building”. In paragraph c) add “any single tenant” between “for” and “outlot” in the first sentence. Condition 40 – As Zoning Commission recommends Condition 41 – As Zoning Commission recommends with the following addition. An easement equal in width to the drainage easement required by Warren County along Simpson Creek and a 50 feet buffer on either side shall be set aside as a conservation easement. No building or pavement shall be closer than 200 feet to the centerline of the Simpson Creek drainage easement unless also 350 feet south of Bowen Drive row. No retention pond shall be northeast of Simpson Creek. A plan for planting large native hardwood street trees on Bowen Drive and the northeast access drive shall be submitted to and approved by staff. Landscaped islands shall be added to Bowen Drive. Condition 42 eliminated. Condition 43 – The site shall contain a maximum of 1200 parking spaces. No reduction in number of parking spaces required of each use may be allowed for sharing parking; however the parking lot design should facilitate access to multiple buildings from any area of the parking lot. 1200 parking spaces are sufficient for the shopping center trip generation figures used as the basis of the traffic impact study. Condition 44 – Green space and landscaping islands shall equal the area shown on the landscaping plan of December 12, 2003 or the requirements of Deerfield Township Zoning Code landscape chapter or the requirements of best engineering for bio-infiltration, whichever is greater. All land not occupied by buildings, permitted parking and essential access drives shall be in landscaped or conservation easement open space or buffers. Condition 45 – The site shall contain a maximum of 250,000 square feet of building footprint, not including drive through lane facilities. All buildings to be one story. Condition 46 – A total of no more than four restaurant and financial service facilities shall be permitted. No drive through facilities shall be permitted except for one bank with two drive through lanes and the facilities shown on the plan for the Wal-Mart building itself and a Wal-Mart fuel center with not more than eight pumps. Condition 47 – This motion constitutes approval of Stage II site plan review only.
Trustee Kuvin asked Trustee Speidel if there was an opportunity for modification of the facade issue or consideration as to how that issue can be solved.
Trustee Speidel said he could reword condition 13, but he means that it doesn’t have to be a replica of Inver Grove Heights Wal-Mart. If it is used as a guide it could vary from that.
Trustee Kuvin asked about condition 18 regarding an abandonment fund. Trustee Speidel said he isn’t against the fund but he doesn’t see a need for it. He is willing to eliminate the condition.
Trustee Kuvin noted that Trustee Speidel earlier in the meeting agreed to 1300 parking spaces. Would he be willing to change that? Trustee Speidel replied that if he wished to second his motion with an amendment to 1300 parking spaces that would be okay with him.
Trustee Kuvin said the 250,000 maximum is a new concept that has not been offered up before. Trustee Speidel said the applicant started with 258,000 and indicated a willingness to get rid of 7,000 so they were close.
Trustee Kuvin asked the applicant that based on what has been put forward, are there certain conditions they want to take issue with? The applicants requested some time to review the conditions.
A motion by Trustee Kuvin and second by Trustee Speidel to take a 20-minute break. Motion carried.
A motion by Trustee Kuvin and second by Trustee Speidel to return to Regular Session. Motion carried.
Trustee Kuvin asked if the applicant would like to go through the motion presented by Trustee Speidel noting any objections.
David Oakes, CESO, went through the conditions in the motion presented by Trustee Speidel that they are taking exception to. Condition 1 – They need 141 feet. Condition 9 – The perimeter lights need to be 24 feet height and the interior lights at 30 feet in height. Condition 13 – Cannot accept, to remain as they proposed. Trustee Kuvin asked if they would accept some type of a work session structure to evaluate the facade by a panel of more than the two Trustees. David Oakes replied that they would be agreeable to that. Conditions 22 and 24 – Addressing the same thing, erosion control storm water quality. They want #22 to read the same as #24 and #24 is okay. Condition 30 – No problem with addition. Condition 33 – No problem with modification. Condition 35 - The bank facility needs a drive completely around the building to address the drive-through. Condition 39 – They want the same consideration on signage as Deerfield Towne Center received.
Condition 41 – It discusses the easement equal in width to the drainage easement required by Warren County. They are agreeing to that and think it’s maybe the 80 feet discussed, 40 feet on each side of the center line on Simpson Creek. They propose no building or pavement to be closer than 150 feet to the center line on Simpson Creek and the 50 feet buffer in addition to the 80 feet easement be removed to have a satisfactory area to put all the storm water detention facilities on the south side of Simpson Creek. The landscaped islands are a good idea, but since they are bound by the Warren County Engineer, to add “in agreement with Warren County Engineer”. Condition 43 – They need 1,420 parking spaces. Condition 44 – They ask that this remain as originally written by the Zoning Commission. Condition 45 – They want a maximum of 251,000 square feet. Condition 46 – To clarify, a total of no more than four free stand, sit-down, over 5,000 square feet restaurants. The bank needs four drive-thru lanes and for the Wal-Mart fuel center, 12 pumps and 6 bays are needed.
Trustee Kuvin asked Trustee Speidel if he would amend Condition 13 to be worked out by a panel consisting of Trustees and the Zoning Commission. If everything else was worked out, could #13 be amended? Trustee Speidel replied that if all the other conditions in his motion were agreed upon he would amend.
Trustee Kuvin asked Trustee Speidel regarding Condition 1 if he would amend to 141 feet. Trustee Speidel replied that if the green space is elsewhere he could take that down to 141 feet. Trustee Kuvin asked if that was tied to Condition 41. Trustee Speidel said yes, if 41 is agreed to as he wrote it, he could take Condition 1 to 141 feet.
Trustee Kuvin asked Trustee Speidel if there was flexibility to Condition 9 that he is in agreement with the Applicant. Trustee Speidel said that Condition 9 cannot be amended.
Trustee Kuvin asked Trustee Speidel if he had any comment on the applicant’s revision to Condition 22. Trustee Speidel said that Condition 22 cannot be amended. A discussion followed with the applicant.
Trustee Kuvin clarified with David Oakes their position on Condition 39. Steve Miller also addressed their position. Trustee Kuvin then asked Trustee Speidel if this is negotiable and it is not.
Trustee Kuvin asked David Oakes to clarify their amendment to Condition 35. Trustee Kuvin asked Trustee Speidel if this could be modified. Trustee Speidel said he could modify to allow the bank building to have a drive completely around the bank building. He didn’t want parking between the bank and outer face of the development. David Oakes pointed out the disadvantage to not allowing parking between the bank and outer face and Trustee Speidel agreed that David Oakes made a good point.
Trustee Kuvin said he couldn’t remember if Condition 41 was resolved or stalemated. Trustee Speidel said he was flexible on Condition 1 but not on Condition 41. Steve Dragon and David Oakes, CESO, addressed the Board on not being able to comply with Condition 41. David Oakes asked about the possibility that the 200 feet remain as stated in the condition and that the 50 feet buffer that they would be allowed to disturb just enough to put storm water retention in, to satisfactory size, which probably would be mostly embankment to build the levy on that side of the storm water retention area and then you would know there would be enough area to construct. That would eliminate any work on the north side of the creek. Trustee Speidel asked David Oakes that he was proposing to disturb the southern 50 feet buffer for construction of your retention ponds? He said to let him think about it. Doug Miller said that it’s a conservation area, no pavement.
Trustee Kuvin asked Trustee Speidel about Condition 43. Trustee Speidel said 1300 parking spaces is the limit. A discussion followed that included the applicant.
Trustee Kuvin asked Trustee Speidel if Condition 45 could be amended to 251,000 square feet of building footprint, not including drive through lane facilities and Trustee Speidel agreed.
Trustee Kuvin asked Trustee Speidel about modification on Condition 46 of four free standing, sit down, over 5,000.00 square feet restaurants. Trustee Speidel replied that was acceptable. The balance of Condition 46, Trustee Speidel said he would agree to four lanes for the bank but could not agree to 6 bays for the fuel center. David Oakes responded that this is the minimum design. He said this is identical to the Kroger facility.
Trustee Kuvin gave the following summary on Conditions as discussed. Conditions 1 & 41 – Condition 1 is okay at 141 feet. Condition 41 stays as is. Trustee Speidel said he will accept that south of the two 50-feet bumper strips could be temporarily disturbed for construction. But there be a landscaping plan for that bumper be submitted as part of Stage III Site Plan Review. The applicant agreed. Condition 9 – Not agreed upon, he will come back to that. Condition 13 – No agreement.
A motion by Trustee Kuvin and second by Trustee Speidel to take a 10-minute recess. Motion carried.
A motion by Trustee Kuvin and second by Trustee Speidel to return to Regular Session. Motion carried.
Trustee Kuvin made a second to a motion by Trustee Speidel and to amend that motion. Amending: Condition 1 – Adding language, changing 200 feet to 141 feet. Condition 9 – To allow for 30 feet height on the interior lighting. Condition 13 – The building elevation of the Wal-Mart Super Center shall be agreed at Stage III. Upon agreement by a seven (7) member panel comprise of the five zoning commission members and Trustees Speidel and Kuvin.
Trustee Kuvin asked the applicant if they agree with the amendments above and the applicant said they are in agreement.
Condition 22 – Striking the wording in the main motion, modifying as follows. Storm water drainage plan attached hereto as Exhibit 2 shall be approved by the Warren County Engineer and Henderson & Bodwell in strict compliance with all governmental regulations including, but not limited to, the Warren County Rules and Regulations for the Design of Stormwater Management Systems, Simpson Creek/Landen Lake Watershed Study and Model, United States Army Corps of Engineer’s regulation, and United States Environmental Protection Agency regulations. Notwithstanding this requirement the developers shall design and construct a stormwater management plan to a 25-year storm event storage capacity rather than a 10-year storm event capacity. The boundaries of 500 year flood plain shall be reflected on the final site plan. Trustee Kuvin asked the applicant if his amendment to Condition 22 is agreeable and they are in agreement.
Condition 35 – Add - except for bank building.
Trustee Kuvin asked the applicant if his amendment to Condition 35 is acceptable and they agreed.
Condition 39 – To allow for consistency with the standards established for Deerfield Towne Center.
Trustee Kuvin asked the applicant if his amendment to Condition 39 is acceptable and they agreed.
Condition 41 – Replacing the word drainage with conservation. As Zoning Commission recommendation with the following additions. An easement equal in width to the conservation easement required by Warren County along Simpson Creek and a fifty (50) feet buffer on either side shall be set aside as a conservation easement to be disturbed only for construction purposes following which will be restored satisfactorily to the Board of Trustees.
Trustee Kuvin asked the applicant if his amendment to Condition 41 is acceptable and they agreed.
Further amended, landscape islands shall be added to Bowen Drive in agreement with county engineer.
Trustee Kuvin asked the applicant if this was also acceptable and the applicant agreed.
Condition 43 – The site shall contain a maximum of 1,420 parking spaces and below 1,420 parking spaces is sufficient for the shopping center. Trip generation figure is used as a basis of the traffic impact study.
Trustee Kuvin asked the applicant if this was also acceptable and the applicant agreed.
Condition 44 – To refer to the Zoning Commission recommendation that no green space, landscaping islands as shown on landscaping plan dated December 12 shall be reduced or affected by any means other than the south side buffer of the Wal-Mart site.
Trustee Kuvin asked the applicant if this was also acceptable and the applicant agreed.
Condition 45 – The site shall contain a maximum of 251,000 square feet.
Trustee Kuvin asked the applicant if this was also acceptable and the applicant agreed.
Condition 46 – A total of no more than four (4), for a total of 5,000 square feet, of free standing, sit-down restaurants and financial service facilities shall be permitted.
Trustee Kuvin asked the applicant if this was also acceptable and the applicant agreed.
No drive through facilities shall be permitted except for one bank with four (4) drive-through lanes and the facilities shown on the plan for the Wal-Mart building itself and a Wal-Mart Fuel Center with not more than twelve (12) pumps.
Trustee Kuvin asked the applicant if this was also acceptable and the applicant agreed.
Amending rather than Condition 18 being eliminated, Trustee Kuvin would include the following. Condition 18 – In the event Deerfield Township establishes a fund or process that deals with issues surrounding the vacancy of retail buildings in excess of 80,000 square feet, generally known as an abandonment fund or rehabilitation process. The owner of any building in excess of 80,000 square feet in the development shall participate in that fund or process to the extent that other similarly situated retail developments of 80,000 square feet or greater in the area also participating.
Trustee Kuvin asked the applicant if this was also acceptable and the applicant agreed.
Trustee Kuvin said that is the completion of his motion of amendment. Trustee Speidel declined to second the motion to amend.
Trustee Kuvin asked if there was further discussion on any of the recommended amendments.
Trustee Speidel asked if Trustee Kuvin would like for him to propose an amendment to his original motion. Trustee Kuvin replied yes.
Trustee Speidel moved to amend his previous motion as follows. Condition 1 – To add the words, changing 200 feet to 141 feet.
Doug Miller asked what plan are we considering, the June 4? Trustee Speidel said the Zoning Commission’s recommendation on the plan was sort of, partly implemented on the revised plan that the applicant submitted but not everything in their condition is represented there.
Condition 22 – With an additional sentence. The bio infiltration measures shall not be required to reach any particular numerical target.
Condition 35 – To add at the end of the last sentence. Except for the bank building.
Condition 41 – To add after the second sentence, conservation easement, to say: that the south 50 feet buffer may be disturbed during construction and may contain berms relating to the storm water retention ponds and is to be restored with a landscaping plan satisfactory to the Deerfield Township Trustees. And to add the phrase after Bowen Drive in the last sentence: in agreement with the County Engineer.
Condition 43 – To change both references to 1,200 to 1,300.
Condition 45 – To read: 251,000 in place of 250,000.
Condition 46 – To add, free standing, sit down, over 5,000 square feet, after the numeral four. Further amending Condition 46 – To allow four drive-through lanes and twelve pumps.
Also, amend the motion to contain the new worded Condition 18 that Trustee Kuvin just proposed in his amendment, to be worded the same way.
Trustee Kuvin will second the amendment. Trustee Kuvin added that for discussion purposes, contained within that amendment and as the motion currently stands with that amendment, does the applicant have further input? He asked Trustee Speidel that to guide the conversation, Condition 9 and Condition 13, there is no movement? Trustee Speidel replied, no change.
Trustee Kuvin asked the applicant if the revision to Condition 22 is acceptable, any amendment to that, no standards being applied?
David Oakes said that he spoke to their engineers and they will go back to make their best effort to try to implement some bio infiltration measures to the site plan to apply to Conditions 22, 24 and 44. There are bio infiltration measures but not required to meet any specific target at this time as stated in that condition.
Trustee Speidel asked if they were asking for the amendment to be made to Condition 24.
David Oakes replied 24 and 44, wherever bio infiltration is also mentioned.
Trustee Speidel said that since the bio infiltration issue in Condition 44 refers to the same engineering measures as Condition 22, he would certainly be willing to add it there, but in Condition 24, the wording there comes from Warren County Soil and Water Conservation, and he doesn’t want to amend their recommendations.
Trustee Kuvin asked Trustee Speidel if he wants to amend his amendment. Trustee Speidel said that he will amend Condition 44 adding the extra sentence: that the bio infiltration measures stated here do not have to reach any specific numerical target. Trustee Kuvin seconded that motion. Trustee Kuvin asked to call the roll call on that particular amended motion. Trustee Kuvin-yes, Trustee Speidel-yes, Motion carried.
David Oakes said that they cannot agree to an amended motion on Condition 13. They cannot agree to the Inver Grove Heights MN style and not know more about that plan. They want to propose the same process already discussed. They also cannot agree on Condition 43.
After a discussion, an amendment to a motion to amend Condition 13 by Trustee Speidel and second by Trustee Kuvin that the building elevation of the Wal-Mart Super Center is not approved. An elevation plan shall be submitted prior to Stage III Site Plan Review that it will be reviewed by the Trustees in a Stage III Site Plan Review. If Trustee Work Sessions are desired by the applicant, they too can be provided and that if all else fails, I guarantee that I will approve any site plan that bears a close resemblance to the Inver Grove Heights MN site plan facade.
Trustee Kuvin said the issue remaining in dispute with the applicant is the number of parking spaces. Trustee Kuvin asked the applicant the significance of 120 parking spaces that is the number is dispute.
David Oakes gave an explanation of how they arrive at the number of parking spaces needed. Steve Miller gave further explanation on the number of parking spaces needed. A discussion ensued with the Trustees, Mayank Kumar, Urban Planning Analyst, and Tim Hershner, Zoning and Planning Director.
A motion by Trustee Kuvin and second by Trustee Speidel to take a five-minute break. Motion carried
A motion by Trustee Kuvin and second by Trustee Speidel to return to Regular Session. Motion carried.
Tim Mara, Attorney for certain residents opposed to the proposed Wal-Mart, addressed the Board and said that before the recess Trustee Kuvin made a motion to enter Executive Session, Tim Mara objected and the Board then recessed. During the recess he observed Doug Miller meeting individually with Trustee Kuvin, Trustee Speidel and the Attorney for the applicant. He approached Doug Miller and protested. His concern is a violation of Ohio Sunshine Law by the Trustees communicating with one another through a third party.
Trustee Kuvin said duly noted. Doug Miller responded that there was not any conversation about issues going on between parties and that he approached Trustee Speidel to tell him the applicant was ready to begin the meeting. Trustee Speidel said that Doug Miller came to tell him that they were returning to session. Trustee Kuvin asked if the applicant would like to make additional comments. David Oakes, CESO, said that at this time there are three sticking points. 1. Condition 13 – There is a motion regarding the building elevation, that it shall have the appearance, features and style of Inver Grove Heights MN. What he is proposing is that there is some type of a board set up, of three or more people, including the two Trustees, who would evaluate a building elevation for the Wal-Mart development. He further agrees, additionally, that at a minimum they would accept the Inver Grove Heights MN elevation as closely as possible as they can on this building which is not the same building in function or in size to the MN building, but they would incorporate as many architectural features that the MN building has into this elevation as a backup minimum to their plan. 2. Condition 43 – They are willing to further compromise to 1395 parking spaces. 3. Condition 47 – Which is, that this motion constitutes approval of Stage II Site Plan review only. In addition: They only agree on all the conditions prior to Condition 47 with the stipulation that the Wal-Mart portion of the property, which has had a Stage III application made. That the Stage III application is also a part of this vote this evening and that the Shoppes of Deerfield South front portion of this property only has a Stage II application and that is all they are asking approval on this evening. But the Wal-Mart needs to go forward with a Stage III approval. At this time they are not agreeing on Condition 47 without that addition. And, on the Stage III is a further condition that this Board agrees on the outcome of the building elevation – Condition 13 – a three panel board or something more than two people. Trustee Kuvin said that an amendment to Condition 13 would have it deferred to Stage III. Trustee Speidel reiterated his previous motion. A discussion ensued. Trustee Kuvin asked for discussion on Condition 43. A discussion ensued. Trustee Speidel made a motion to amend Trustee Speidel’s main (first) motion to Condition 43 to replace both references to 1200 parking spaces with the figure of 1350 parking spaces. And further to amend Trustee Speidel’s main (first) motion to Condition 13, the applicant will bring plans, alternatives and perhaps architects and engineers to present plans for the building elevation of the Wal-Mart Super Center to the Deerfield Township Board of Trustees as part of the Stage III Site Plan review, however, the resulting elevation shall have the appearance, features and style of the Inver Grove Heights MN Wal-Mart store if the Board of Trustees cannot come to a decision on any other plan and the Stage III Site Plan review on this matter shall be completed within sixty (60) days. Trustee Kuvin made a second to the motion. Motion carried. The Board reviewed the approved Conditions, including the following motions in the Conditions. Trustee Speidel made a motion to amend his main (first) motion to Condition 47 amending Condition 22 and Condition 41 and an amendment to the amendment of his main (first) motion to Condition 13 and Condition 16. This motion consists of approval of Stage II Site Plan for the Shoppes of Deerfield South portion and a Stage II and III Site Plan for the Wal-Mart portion with four exceptions. The Condition 22 and Condition 41 shall receive Stage III Site Plan review by the Zoning Administrator. There are four exceptions to the Stage III Site Plan review of the Wal-Mart portion of the site: facade, fuel station, and Conditions 22 and 41 shall go through Stage III Site Plan review. Condition 13 will be given site plan review by the Board of Trustees and in Condition 16 the fuel center will be given Site Plan review by the Zoning Commission. Trustee Speidel made a second to the motion. Motion carried. Trustee Speidel made a motion to amend his amendment to amend his main (first) motion to Condition 47 removing Conditions 22 and 41 from the exception to Stage III Site Plan review and saying that there are only two exceptions to Stage III Site Plan review for the Wal-Mart site instead of four (4). Trustee Kuvin made a second to the motion. Motion carried. Condition 1 – As Zoning Commission recommendation, changing 200 feet to 141 feet. Condition 2 through 8 – As Zoning Commission recommendation. Condition 9 – As Zoning Commission recommendation. Condition 10 – As Zoning Commission recommendation, replacing the words “Main Street front elevation” with “the elevation required by Condition 13”. Condition 11 and 12 – As Zoning Commission recommends Condition 13 – Trustee Speidel made a motion to amend his main (first) motion to Condition 47 amending Condition 22 and Condition 41 and an amendment to the amendment of his main (first) motion to Condition 13 and Condition 16. This motion consists of approval of Stage II Site Plan for the Shoppes of Deerfield South portion and a Stage II and III Site Plan for the Wal-Mart portion with four exceptions. The Condition 22 and Condition 41 shall receive Stage III Site Plan review by the Zoning Administrator. There are four exceptions to the Stage III Site Plan review of the Wal-Mart portion of the site: facade, fuel station, and Conditions 22 and 41 shall go through Stage III Site Plan review. Condition 13 will be given site plan review by the Board of Trustees and in Condition 16 the fuel center will be given Site Plan review by the Zoning Commission. Trustee Speidel made a second to the motion. Motion carried. Condition 14 through 15 – As Zoning Commission recommends Condition 16 – Trustee Speidel made a motion to amend his main (first) motion to Condition 47 amending Condition 22 and Condition 41 and an amendment to the amendment of his main (first) motion to Condition 13 and Condition 16. This motion consists of approval of Stage II Site Plan for the Shoppes of Deerfield South portion and a Stage II and III Site Plan for the Wal-Mart portion with four exceptions. The Condition 22 and Condition 41 shall receive Stage III Site Plan review by the Zoning Administrator. There are four exceptions to the Stage III Site Plan review of the Wal-Mart portion of the site: facade, fuel station, and Conditions 22 and 41 shall go through Stage III Site Plan review. Condition 13 will be given site plan review by the Board of Trustees and in Condition 16 the fuel center will be given Site Plan review by the Zoning Commission. Trustee Speidel made a second to the motion. Motion carried. Condition 17 – As Zoning Commission recommends. Condition 18 – In the event Deerfield Township establishes a fund or process that deals with issues surrounding the vacancy of retail buildings in excess of 80,000 square feet, generally known as an abandonment fund or rehabilitation process. The owner of any building in excess of 80,000 square feet in the development shall participate in that fund or process to the extent that other similarly situated retail developments of 80,000 square feet or greater in the area also participating. Condition 19 through 21 – As Zoning Commission recommends Condition 22 – As Zoning Commission recommends with follow conditions: Parking lots shall drain storm water through engineered bio-infiltration swells or basins. The area required for these shall count towards their required parking lot landscaping. Any conflicts between the requirements of best practiced planting in the bio-infiltration areas and the planting requirements of the landscaping chapter of the Deerfield Township Zoning Code shall be resolved by the Deerfield Township Zoning Administrator. Secondly, all storm water basins shall be wet retention basins and shall be sized for 25-year critical storms. The bio-infiltration measures shall not be required to reach any numerical target. Trustee Speidel made a motion to amend his main (first) motion to Condition 47 amending Condition 22 and Condition 41 and an amendment to the amendment of his main (first) motion to Condition 13 and Condition 16. This motion consists of approval of Stage II Site Plan for the Shoppes of Deerfield South portion and a Stage II and III Site Plan for the Wal-Mart portion with four exceptions. The Condition 22 and Condition 41 shall receive Stage III Site Plan review by the Zoning Administrator. There are four exceptions to the Stage III Site Plan review of the Wal-Mart portion of the site: facade, fuel station, and Conditions 22 and 41 shall go through Stage III Site Plan review. Condition 13 will be given site plan review by the Board of Trustees and in Condition 16 the fuel center will be given Site Plan review by the Zoning Commission. Trustee Speidel made a second to the motion. Motion carried. Trustee Speidel made a motion to amend his amendment to amend his main (first) motion to Condition 47 removing Conditions 22 and 41 from the exception to Stage III Site Plan review and saying that there are only two exceptions to Stage III Site Plan review for the Wal-Mart site instead of four (4). Trustee Kuvin made a second to the motion. Motion carried. Condition 23 – As Zoning Commission recommends Condition 24 – As Zoning Commission recommends but replacing the second sentence with additionally storm water quality controls are required bio-infiltration and extended detention as per NPDES general permit shall be required. Conditions 25 through 29 – As Zoning Commission recommends Condition 30 – “The west side of any building adjacent to the grade break on the site or the north/south internal drive” shall replace the wording “The west side of Building #2”. The rest of this condition shall be as Zoning Commission recommends. Condition 31 and 32 – As Zoning Commission recommends Condition 33 – As Zoning Commission recommends with the replacement of “building #1, 2, 3, 4, 5 & 6” with “any buildings including those shown on this plan, those needing to be relocated or redesigned to meet other conditions or alternatives to be proposed”. Condition 34 – As Zoning Commission recommends. Condition 35 – The Wal-Mart store shall be oriented as generally shown on the approved site plan. All buildings except the Wal-Mart superstore shall have one face adjacent to the perimeter landscaping or the boundary of the Simpson Creek conservation area. There shall be no parking between the buildings and those boundaries except for the bank building. Condition 36 through 38 – As Zoning Commission recommends Condition 39 – As Zoning Commission recommends with the following amendments: Remove all reference to building numbers. In paragraph b) replace “the multi-tenant retail building #2” with “any multi-tenant retail building”. In paragraph c) add “any single tenant” between “for” and “outlot” in the first sentence. Condition 40 – As Zoning Commission recommends Condition 41 – Trustee Speidel made a motion to amend his main (first) motion to Condition 47 amending Condition 22 and Condition 41 and an amendment to the amendment of his main (first) motion to Condition 13 and Condition 16. This motion consists of approval of Stage II Site Plan for the Shoppes of Deerfield South portion and a Stage II and III Site Plan for the Wal-Mart portion with four exceptions. The Condition 22 and Condition 41 shall receive Stage III Site Plan review by the Zoning Administrator. There are four exceptions to the Stage III Site Plan review of the Wal-Mart portion of the site: facade, fuel station, and Conditions 22 and 41 shall go through Stage III Site Plan review. Condition 13 will be given site plan review by the Board of Trustees and in Condition 16 the fuel center will be given Site Plan review by the Zoning Commission. Trustee Speidel made a second to the motion. Motion carried. Trustee Speidel made a motion to amend his amendment to amend his main (first) motion to Condition 47 removing Conditions 22 and 41 from the exception to Stage III Site Plan review and saying that there are only two exceptions to Stage III Site Plan review for the Wal-Mart site instead of four (4). Trustee Kuvin made a second to the motion. Motion carried. Condition 42 - Condition eliminated. Condition 43 – As motion just carried. Condition 44 – Green space and landscaping islands shall equal the area shown on the landscaping plan of December 12, 2003 or the requirements of Deerfield Township Zoning Code landscape chapter or the requirements of best engineering for bio-infiltration, whichever is greater. All land not occupied by buildings, permitted parking and essential access drives shall be in landscaped or conservation easement open space or buffers. Also, the last sentence shall be the same as Condition 22. Condition 45 – The site shall contain a maximum of 251,000 square feet of building footprint, not including drive through lane facilities. All buildings to be one story. Condition 46 – A total of no more than four (4), free standing, sit down restaurants over 5,000 square feet, and financial service facilities shall be permitted. No drive through facilities shall be permitted except for one bank with four drive through lanes and the facilities shown on the plan for the Wal-Mart building itself and a Wal-Mart fuel center with not more than twelve pumps. Condition 47 – Trustee Speidel made a motion to amend his main (first) motion to Condition 47 amending Condition 22 and Condition 41 and an amendment to the amendment of his main (first) motion to Condition 13 and Condition 16. This motion consists of approval of Stage II Site Plan for the Shoppes of Deerfield South portion and a Stage II and III Site Plan for the Wal-Mart portion with four exceptions. The Condition 22 and Condition 41 shall receive Stage III Site Plan review by the Zoning Administrator. There are four exceptions to the Stage III Site Plan review of the Wal-Mart portion of the site: facade, fuel station, and Conditions 22 and 41 shall go through Stage III Site Plan review. Condition 13 will be given site plan review by the Board of Trustees and in Condition 16 the fuel center will be given Site Plan review by the Zoning Commission. Trustee Speidel made a second to the motion. Motion carried. Trustee Speidel made a motion to amend his amendment to amend his main (first) motion to Condition 47 removing Conditions 22 and 41 from the exception to Stage III Site Plan review and saying that there are only two exceptions to Stage III Site Plan review for the Wal-Mart site instead of four (4). Trustee Kuvin made a second to the motion. Motion carried. A motion by Trustee Speidel and second by Trustee Kuvin to approve, with the above Conditions, the Site Plan for Shoppes of Deerfield South, Case #2003-612. Motion carried. A motion by Trustee Kuvin and second by Trustee Speidel to adjourn. Motion carried. Meeting adjourned June 24, 2004 at 12:35 a.m.
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