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,. ,..?. <br />normal or a residential noise area versus a commercial area. Councilman McKay advised that during the <br />Wa1-Mart proposal, they had an expert in that field who had advised that brick walls or stone wall <br />deadened sound better tha.n wood or other types of materials. Mr. Herschman stated that they could do <br />an acoustical study, and that the sound deflects, so the closer it is to the zone, the greater the effect. <br />This is why the masonry walls are immediate to where the trucks are unloading to contain the noise <br />from where it emanates. He advised that an acoustical study could be looked at. Mr. Barlow stated that <br />this is why there were two barriers, the screen walls, and the secondary one at the property line. Mr. <br />Reed clarified that the intent is to deflect the sound to the sky, so it will not inapinge on the residents, <br />but he wondered what percentage of sound there would be after bounces off the building and returns <br />toward the condominiums. Mr. Herschman gave an example of air conditioners condensers, the <br />neighbors can hear a side discharge condenser, the vertical discharge condensers no one can hear. <br />There are some noises, such as the dumpster unloaders, that cannot be mu$led, but the ordinance can <br />be followed. It was clarified that the seivice road would be cut offby a large landscape area behind the <br />theater to prohibit vehicles from cutting through on that road, it will be visually adding to the condo's <br />backyard. Mr. Tallon questioned if there was not some kind of sound ba$ling material that could be <br />placed inside the screen walls. Mr. Hersclunan advised that most of them would not hold up after a <br />winter, but there was a way of laying the brick up on the interior walls. He also mentioned other <br />methods and materials including a concrete block, called a sound block, which would fracture the <br />sound. He also noted that the truck docks were recessed which would also help with the noise. Mr. <br />Tallon would like some kind of these materiaLs installed on the interior walls. Mr. Manning asked who <br />had control over the store hours, the company or the build.iug owners. Mr. Herschmau stated that the <br />city's ordinances could control the hours, the owners could not ma.ke rules for one specific tenant. <br />Assistant Law Director Dubelko stated that the hours are not a zoning matter, this would be regulated <br />by the Business Regulations, and he mentioned that one ordinance did regulate the hotus of restaurant <br />drive through operations, so the city can regulate the hours of businesses when they impact adversely on <br />residents. So the city has that type of authority when a retail establislunent created a serious noise <br />problem. This is not a zoning issue which would have to be dealt with before a business went in, but as <br />a Business Regulation, it can be dealt with after a business is established. Mr. Unger, a resident, <br />envisioned that there would be a line of trucks on the road behind the his home and 26 trees would not <br />be many in that area. Mrs. Kensig, whose mother lives behind the old Handy Andy Store, asked what <br />stores were going to be torn down. Mr. Herschman responded that U. S. Merchandise, and Koenigs will <br />be torn down, and the stores past PetsMart to the theater will be tom down and rebuilt. Mrs. Kensig <br />asked why they could not go further to the front instead building back toward condominiums. Mr. <br />Herschman did not think that would be possi`ble. Mr. Tallon advised that they would need two <br />variances, one for the half mile radius and the other for the lot coverage. Mr. Tallon explained that the <br />proposal should come back to planning commission on January 13, 1997, at which time it will be <br />forwarded to architectural review board on January 21st and board of zoning appeals on January 22nd. <br />At the next meeting, the commission would like to see a plan for the landbanked parking, the <br />photometric plan; an acoustical study; the compactor moved at Major Retail "B"; a stop sign and sfop <br />bar installed at the west end of drive; and if the variance to have a superstore is granted the developers <br />will have to comply with the ordinance regarding what is requ.ired for the approval of superstores. <br />R. Tallon moved to table the Developers Diversified Realty Corporation, 25853 thru 26429 Cneat <br />Northern Shopping Center and 5078 thru 5194 Great Northern Plaza South until7anuary 13, 1998 with <br />the request that the developers present the above listed items. The motion was seconded by T. Herbster, <br />and unanimously approved. 6 <br />