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Planning Commission Meeting Minutes – Wednesday, February 07, 2007 Page 10 improvements will be made and follow-through provided; and recording easements against the properties to ensure compliance to the extent allowed under City Code and State law. Chair Bakeman concurred with staff’s assessment; clarifying that the application for the CUP was tied to the drive-thru. Additional discussion included the installation of the underground chamber system with infiltration for storm water management, as detailed by City Engineer Debra Bloom; anticipated rate control and water quality treatment and other best management practice options for storm water management; traffic concerns with the adjacent Children’s World south of the project on Fairview and peak hours that may create conflicts; private ownership of the adjacent road to the east and lack of adequate maintenance; ways to encourage the private road owner to fill potholes at a minimum; and substantial discussion on the actual location of the trash enclosure and whether tucking it into a corner with screening was more appealing that having it located next to the drive-thru, with staff providing their rationale for the condition to relocate the enclosure closer to the building, based on logistics, human nature and weather considerations. Applicant, Kimco representative, Joe Samuel, ROK Engineers The applicant discussed staff’s condition regarding the trash enclosure, opining that they felt they could better screen the enclosure from customers by having it located further away from the building, but noted their willingness to consider the Commission’s suggested and preferred location. Discussion among the applicant, staff and Commissioners included flexibility and possible modification of parking spaces based on location of the trash enclosure; good faith and verbal agreements with owners of the Sports Authority regarding the shared use of the underground storm water system on the Kimco site and pending written agreement between parties; and pending easement agreements for access, hoping to be finalized prior to City Council review on February 26, 2007. Co-Applicant, Larry Haas, Starbucks Representative Mr. Haas addressed environmental concerns of Commissioners regarding volume of waste; recycling efforts of Starbucks and reuse of coffee grounds by area gardeners periodically picking them up from the site; storage of recyclables inside the building pending pickup; aesthetic preferences of Starbucks to locate the trash enclosure further from the building, as a preference expressed by numerous customers; intent to keep the other Starbucks site open, as well as this one, and upgrading and remodeling plans for the existing store; and traffic flow issues at the existing site. Chair Bakeman closed the Public Hearing, with no one appearing for or against. MOTION Member Boerigter moved, seconded by Gottfried to RECOMMEND APPROVAL of Planning File 07-009, Kimco Realty and Starbucks Coffee allowing the development of a 2,000 square foot stand-alone café/coffee shop near the southwest corner of the site at 1800 highway 36, based on the comments in Section 5, findings of Section 6, and the conditions in Section 7 of the project report dated February 7, 2007; amended to delete staff recommendation and condition 7.1.b regarding the location of the trash enclosure; and the addition of a new condition 7.1.b, requiring written access agreements between properties (i.e., Sports Authority and Kimco) being finalized prior to a Certificate of Occupancy being issued for the site.