... Test

are

>> it is going to be viewed as safe by people behind the

store between a wall and a tall store.

I probably would walk in front

of publix to get there. Driving I certainly would go

around back.

I appreciate that the wall, we

asked for a wall that was more soundproof and they

accommodated that with a

ten-foot wall and I just learned that zoning precludes ten foot.

But if it is a mason nairry

wall, the place where I am, the ground is highest between

my property and the development.

So I look up a slope, the

double row of ten foot apart

fast growing tall, that are

supposed to be ten foot in the

die a meter, spaced ten feet

apart in two staggered rows

that should be like a wall of

green and they're going to paint the wall.

So it disappears.

So I'm generally happy with everything here.

I do see vicki's point about

the waits property, there, the

first one in, as possibly

needing a more soundproof wall too. I don't know that's a

engineering question.

So generally I'm here to approve it.

As far as stormwater they

fixed a lot of stormwater problems for us.

I actually put in my own.

I put in a patio management

system there with 150 could

you big feet and number 57

stone wrapped in filter cloth.

So that's a I wanted to say

thank you. >> MISS Stevens had shared

some concerns, that I haven't heard before.

I think she would say that we

tried to be responsive with respect to all concerns that

have been brought to our

attention and, even after the planning commission should approve this plan.

We made a commitment to

palomar, am years ago, to be transparent in everything we

did, and will do, and I think even though, the people that,

still have reservations, would agree with that.

So, we will continue that,

look into this issue, this other house, about concern

about noise.

There's a lot of those that is

comes from man of war. And we're going to put in

speed bumps to slow the traffic down.

So, we have tried to be

attentive and be responsive to the neighbors and that's why

we got the zoning approved because the neighbors after

probably ten or twelve meetings, they liked what we

came up with, and we

accommodated concerns, addressed concerns that they

had, and, I think it will be a

very successful shopping center, one that the

neighborhood will find attractive, appealing and

successful. So be happy top respond to

anything else.

[Inaudible] >> well, you would call the

debate we had, about the

marketability and second and third story row tail not being

very successful in lexington.

So this is, this fits the

market based upon all the real estate professionals, and

experts we have consulted both

in ken zebrowski and out of

ken zebrowski that this mix

and this level of is

well-suited.

>> no.

[Inaudible]

>> I believe that's correct, yes.

>> there are two, and, those

two voting, and, in that kroger's had one they occupied

for one, and

[Inaudible]

>> I do know that they. >> along that back area, in

the proximity of the loading zone because they're bringing

their carts in that same way.

I think the neighbors concern

over sound, am do follow kroger's rule to turn off the

idling, and, most have refrigerated units which

continue to run even if the truck is not I'd dealing,

including all the beer and

coke and pepsi, and so I'm

curious, I just want, in this meeting to really acknowledge

that, there's going to be noise from that along those

perimeters and,, I think that,

that sort of putting your comment to do a sound, getting

a little more specific about what sound proving we're going

to be doing, that's what I

would be looking for here in

this meeting.

>> in terms of the sound proving, I pledge to share

that with the neighbors prior

to the meeting this chamber.

So they understand it fully.

You know, if there's ongoing issues with respect to

management of trucks, noise and that sort of thing, the

neighborhood association is

very vigilant about neighborhood concerns.

I'm satisfied from the commitments that have been

made thus far the changes that

have been made to address neighborhood concerns, there

will be responsive and

appropriate to meet those concerns.

I can't guarantee they won't hear anything.

The public's vehicle, the main

trucks do not have the backup

beepers, the box trucks that

deliver smaller items, you know, to and the tent those

become trouble some, those are management issues that publix

will address.

Up to now, we're had at least in the my experience, they

have been responsive to everything that's been brought

to their attention to rye to solve and we'll continue to

have that work in progress.

>> I don't anticipate that management won't be well

meaning and receptive to the neighborhood.

The reality is that they'll be

dealing with dozens of local

vendors who have their own

employees and their own trucks and getting it right when it

is built so it doesn't bother

the neighbors seems like a good approach rather than

every time a ken zebrowski

eagle hires a new driver for

that route to, have to train

that driver seems like more

challenging approach. >> well every problem has

challenges, you have

identified every one of them. If they want to serve publix,

they have to comply. Publix has demonstrated

they'll be a good neighbor.

>> I think you identified the

solution, sound proving along here. Not quite being, maybe I'm

missing something, but I'm not

hearing -- it's sort of vague.

Are you comfortable with putting a condition on there

for that? >>> well we don't have

specifications, I'm not

comfortable with doing that.

We wanted it to be effective.

You're not going to block all

the noise.

You know, we're volley committing to doing that.

Of this is into the requirement under zoning.

It was a requirement at the time it was approved.

This is a voluntary matter, or voluntary action on the part

of publix to do it now. We don't have to do it, in

order to secure approval.

But after we heard the concerns about the noise from

two residents we made that change.

So we're gone way beyond

what's required.

Well million SEPTEMBER I don't think you're providing

enough -- I don't see how

you're accommodating all the

delivery that would be coming to publix.

>> you know, I mean, we, in the staff have discussed and

vetted the routes that the big

trucks will come in, and they're set up for that

purpose.

You know, you're raising a question, what I call box

trucks and that kind of thing.

>> with -- where would those be?

You have two spots.

>> same place, so you're committing, to limit it go to

two the size of this publix. 60,000 square feet. >> I can't commit to anything

in terms of where.

>> you're not willing to limit it to two.

I think we need to. >> that's thought at requirement of the zoning

ordinance that we get into that level of specificity.

A lot of these things are "a work in progress."

to the extent that they become

a problem, we'll address them.

But that's not at requirement in the zoning ordinance to

limit access to two bays or

anything of of that nature.

We're gone way beyond what is required.

We want this to be a top-shelf grocery store for this very nice neighborhood that

surrounds it, and, I think the

neighbors, even those that we

had two, out of we started out

with 300, that we have

committed, to and done what we

had said we would do.

[Inaudible]

>> we have up until now.

When we meet there's usually 13 staff.

That review our latest iter raising and we get comments

from the past, and the traffic

engineering, and, I mean to deal with the issues that have

been mentioned here today.

>> we'll continue with that.

>>> you are agreeing to address sound proving issues

for the waits property without at condition listed here.

>> at this point I don't know where the waits property is.

>> it's the glade court issue

that's not protected in the existing do I graham.

>> yes, you know, I would have

to -- look at, you know, get

more specific information, I will commit to looking at that

time and seeing what it does

to resolve it. It doesn't

sound that significant, I don't have any authority to

commitment to it. But I will

say, in the same vein that we

have committed to other kinds of concerns like that, that

we'll look into it and see what we can do, and in most of

the instances we have done

something to address it.

>> thank you

>> anything else? >>> okay.

>>> same question. >> okay.

>> staff, do you have anything

to follow-up? >>> was the volume of

deliveries and where the extra

trucks going to park

discussed?

[Inaudible] Again, with spleuchan issues,

that's pretty open.

So I think the concern is well placed. How do they manage that?

How do they intend to manage that.

>> well, what I'm trying to

avoid here is, an on going

multi-year conflict when it

could be solve as the

applicant suggests with soundproofing along those back

of the houses where those

extra trucks are most likely

to go.

>> the reason I asked if it

was discussed I was curious if

that sort of consideration

could be roped into that --

that design of the service road condition.

>> I do believe that we can't craft a condition that would

require an engineer with the

appropriate expertise to

design that facility. Because that's not at common

expertise with your regular civil engineers.

So certainly I think that is something and.

>> to be clear I'm talking

just about that area in the

proximity of the loading zone

where you're beer truck will

end up pulling up. >> frankly, you're back to a

very original concern that was raised at the zone change,

about the relationship with the neighborhood.

You're right, here we are. That relationship is important.

How do we mitigate that?

I do believe we could require that they submit to building

inspection and planning and engineering plans for a

facility designed by the appropriate professional.

That's something we can do

>> thank you

>> so, are you good?

>>> I mean, just to the

commission, as someone that sees kroger's line up between

typically on a typical morning

in excess of the two shots they have between four and six

other vehicles lined up there

and about half of those usually have refrigerated

units running, and I know from speaking with the direct

neighbor that lives right

across from the fence, more problems than idle was those

refrigerated units running on those delivery trucks, that

are parked not where they are

supposed to, because the loading zone is full.

So it seems like, in that, I

know that neighbor has gone to

kroger's and this is a different business.

But these trucks are not kroger trucks.

These are third parties that you can't control.

So it seems like this would be a good condition considering

when I looked at the map after

the residents spoke these

houses are pretty close to that fence line.

>> so as -- go ahead.

[Inaudible]

[Inaudible]

>> just to offer up this, we

have done sound studies, noise

studies if you will, several times, those will be done in

connection with the sound proving fence that we'll be

putting up.

We'll share those with the neighbors.

There is a whole other level of review.

Where this development goes through sign offs, if all the

same people who have weighed

in up to now.

So, the issues, about, the other lady that needs some

sound proving, I'm satisfied we can address that.

So these are things that will

go through in the signoff

process, and to the extent that they are not satisfied,

it will comeback here.

But, I'm just sharing with

you, publix has been very responsive, throughout all

plans, that have come before the staff, and the one you

have today is the one that has

a lot of things with the ones

involved and deserves

approval.

>> if people like to keep

their windows closed and want to upgrade to soundproof

windows that would make a difference.

>> just to be clear, I

don't -- I think the issue

here, is in the big picture, I -- I want to vote to approve

of this project.

The issue here in my mind is

just that the reality is regardless of whatever

management plan we put on

paper there's going to be more than two delivery trucks at

times and, there's a few houses that are going to be

impacted by that in the scheme

of the scale of this project.

It's a small scale. But those few houses in the

proximity of that loading zone

are going to see trucks parked along it.

And I wanted to get that sort

of note added to the plan.

[Inaudible]

>> well I think that's as fair

point and I don't propose realignment of the service road.

It's just at this point of service road that I think

might be used for parking the trucks.

>> thank you both. We'll close this is part out

and the bring it back to the commission.

Any further discussions?

Questions for staff?

>>> amongst each other? >>> if there are not any the

floor would be open for armotion.

>> I'm going to recommend a

motion for approval

[Inaudible]

With the staff with the conditions. >> thank you.

Do we have a second to that motion.

>> second it.

>> any further discussion?

>>> I'm wondering if you would

be willing to add a condition

to the list of conditions that

the treatment of checks the

houses along the single family

houses along the service road

is mors equal for all the

properties going to be the

properties

[Inaudible]

Before we do the vote, his

compute ser down, so we're going to do the vote via

raising the hand he.

We have a motion and a second.

>>> based on what we said, that staff get these plan they

will work to accomplish that

[Inaudible]

It's our understanding, but

the sound wall, the service

road, pedestrian facility is

separate from the landscaping

and the sound proving.

They're associated geographically and next to

each other. But they're not designed one

and the same.

The sound wall dampening is

designed in and of itself on its own.

I'm assuming and this is something that I went back to

that they would out at that timize an acows take cal

engineer to design that correctly.

But that will be permitted through engineering and

building inspection.

They will review that.

>> well, I guess, my comment

to, is partially here to the other commission members is

that I see your hesitation on

adding a condition because

it's not a clean one.

We don't have a clear language from staff.

I do also sort of hesitate

before adding additional

offices to go through in terms

of engineering requirement.

I guess, so I'm going to vote

in support of this but I do

charge staff in their discussion and I hope that

they do look at some groceries

when they drive by in the

morning and count realistically how many trucks

there are and when they look

at the service road take that

into account for that finally

linement. Thank you.

So we have comments have been

made and,, motion and second. Start this over again.

We're going to vote via hand in the air because his

computer is down. All in favor, please raise

your hand.

>> motion passes unanimously.

Thank you.

>> any commission items? >>> MR. Duncan. >> good afternoon, thank you,

we are having a planning commission public hearing next

thursday FEBRUARY 16th. Ordinarily that's a work

session day for you all, but next week we'll have the

public hearing in this room at 1:30 where you will be

presented the goals and

objectives for the comprehensive plan and take public comment on those.

Thank you. >> thank you.

>> this meeting is adjourned.