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Regular Planning Commission Meeting Minutes – Wednesday, September 7, 2011 Page 4 Boguszewski would be commuters knowing about the coffee shop diverting onto Transit 148 Avenue to get to the drive-through, perhaps creating a trade-off for current and new traffic 149 issues. 150 Mr. Nelson advised that those coming in wouldn’t get into the residential area before they 151 used the drive-through; and didn’t anticipate any additional traffic issues. 152 Member Strohmeier questioned the process and action steps if the noise levels became 153 problematic; and the role the Planning Commission would play in removing the 154 Conditional Use approval or whether it would be handled administratively. 155 Mr. Paschke opined that even if a popular, national chain type of coffee shop located in 156 this strip mall tomorrow, it would not increase traffic; noting that 75-80% of the traffic 157 issues are already there. Now, Mr. Paschke advised that the only operational change 158 through approval of a Conditional Permit for a drive–through would be routing the traffic 159 behind versus in front of the building; and assured Commissioners that increased traffic 160 due to issuing this Conditional use was not of the magnitude being discussed. 161 Mr. Paschke opined that the traffic problem in the area already existed and it wasn’t 162 going to go away, whether or not this Conditional Use was approved. Mr. Paschke opined 163 that the best way to turn from Transit Avenue onto Rice Street was to turn left and north 164 at County Road B-2 at the stoplight. Mr. Paschke advised that it would be hard to 165 determine whether or not a Conditional Use was meeting or not meeting a condition 166 related to traffic, or proving something was not acceptable or not meeting criteria when 167 the problem already existed prior to the Conditional Use approval. Mr. Paschke opined 168 that he could think of a number of permitted uses that could go into that strip mall that 169 would further exacerbate traffic issues in the area and generate far more traffic that 170 simply installing a window for drive-through in an already permitted use. 171 Member Strohmeier sought further satisfaction, aside from traffic issues, for signs and 172 decibel levels if a use was found to be a nuisance and the process for those steps. 173 Mr. Paschke advised that a Conditional Use was monitored and regulated by the 174 Community Development Department/Planning staff on a regular basis, including lighting 175 such as for a menu board. Mr. Paschke advised that the menu board would face 176 southwest, and noted that it would therefore not be directed at residences in question; 177 and even those homes across County Road B-2 that were quite a distance away. Mr. 178 Paschke advised that there was nothing in current code that would preclude someone 179 having an illuminated sign, not a menu board, lit for 24-hours; although it was common 180 practice for the signs to have a timer to shut them off after hours so a 181 commercial/business could realistically save energy. Mr. Paschke advised that speaker 182 volumes and lighting concerns were all easily regulated by staff as previously addressed; 183 and done on a case by case basis. Mr. Paschke noted that often the location and 184 direction of the speaker, as well as its volume, could be adjusted to avoid any nuisance 185 concerns. 186 Mary Imgrund 187 Ms. Imgrund noted suggested that Mr. Nelson route traffic on Ida Avenue, as long as it 188 didn’t further disrupt their neighborhood. 189 Mr. Paschke advised that staff would not encourage that movement, since Ida was not a 190 public street, and privately owned. 191 Chair Boerigter closed the Public Hearing at 7:06 p.m. 192 MOTION 193 Member Wozniak moved, seconded by Member Gisselquist seconded, to 194 RECOMMEND TO THE CITY COUNCIL approval of a drive-through facility as a 195 CONDITIONAL USE at 2435 – 2459 Rice Street; based on the comments and 196 findings of Sections 4 – 6 and the conditions of Section 7 of the staff report dated 197 September 7, 2011. 198