HomeMy WebLinkAboutCommitments:Proposed 3-2-10 Special Studies March 2, 2010 Special Studies Committee
Long Branch Market with Kroger
Docket No. 01900009 DP /ADLS
The Special Studies Committee, meeting on March 2, 2010, conditioned its favorable
recommendation upon the inclusion by the applicant of revisions to the proposed commitments.
The following is a description of those revisions.
J 1. No car wash.
J 2. Dry cleaning facilities shall not use traditional dry cleaning fluid, commonly known
as "PERC," and formally known as "tetrachloroethylene
1 3. Auto /truck repair is limited to passenger motor vehicles, including pick -up trucks and
deck vans that will fit into a repair bay which is sized to accommodate passenger
motor vehicles and, as such, which is not oversized, for instance, to accommodate
semi trucks, diesel tractors, semi- tractor trailers and/or box trucks.
1 4. Only 1 automobile fuel station allowed, as indicated on the final approved plans.
1 5. The back -up electric power generator in the grocery store would be tested once per
week, at 11 a.m. on Friday.
6. The wall will be extended along the northern property line approximately 20 feet west
from the southeast corner of the existing Aaron Ruben Nelson Mortuary.
I 7. The wall will be 4" thick.
8. If the City receives a claim of a violation of the commitment regarding delivery truck
hours, then, at the City's written request, Kroger will provide to the City copies of
available delivery log records that are relevant to the issue of whether such violation
occurred.
9. The time period during which truck deliveries are prohibited is from 8:00 p.rn. to 7:00
a.m. instead of from 9:00 p.m. to 7:00 a.m.
10. The mound and the wall will be continued, on a straight line (without a jog to the
west) and at a height of approximately 18 feet above finished floor elevation (FFE),
north along the east line of the Property, and the 17 existing trees, impacted by this
continuation, will be relocated. The cost of such relocation will be determined by
bids obtained by Kroger and will be split, 50/50, by (i) the Kroger and Z B, who
together will pay 1/2 and (ii) by Fred Fehsenfeld, who will pay the other 1/2. Fred
Fehsenfeld will effect the relocation of the trees. Fred Fehsenfeld will be responsible
for replacing any trees which die by reason of the relocation.
11. The owners of the Property and Fred Fehsenfeld will enter into a sanitary sewer
easement, on terms and conditions mutually acceptable to the parties and in the area
identified on the Sanitary Lateral Plan as the "Sewer Extension so that the owner of
the East Real Estate may, at Fred Fehsenfeld's sole cost and expense, install sanitary
sewer providing service not to exceed 1 EDU to the recreation barn now existing on
1 the East Real Estate.
J 12. The B -Shop drive -up /pick -up window shall not operate between the hours of 10:00
p.m. and 7:00 a.m. and, further, will not utilize an intercom system but, instead, will
use a sensor strip which communicates to those inside the B -shops the presence of a
motor vehicle at the drive -up /pick -up window.
Q 3. Evergreen trees will replace the hedges shown on the landscape plan along the
segment of the Property contiguous with the Montessori School to the south in
Weston Pointe.
1 0
The organic trash compactor located in the loading dock area of the grocery store will
not operate between the hours of 8:00 p.m. and 7:00 a.m.
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