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In addition to the information discovered through the sound testing, Belair has <br />indicated they are running about 75% side dump trucks. Side dump trucks do <br />not have the ability to bang a tailgate, so the potential for tailgate banging is <br />reduced. However, Belair has indicated they cannot/will not control the types of <br />trucks entering their property. Further, they cannot control driver etiquette with <br />regard to tailgate banging. This creates a situation where noise has to be <br />controlled by other factors. <br />Next Steps <br />Staff believes that the sound issue has been exhausted at an administrative level <br />and direction is needed on how to proceed with regard to the illegal crushing <br />operation and expansion. Staff thinks there are a variety of options moving <br />forward. Those options may include the following: <br />• Amend the 1-1 standards to allow aggregate crushing subject to a <br />specific set of conditions. Those conditions, at a minimum, would <br />include implementation of the mitigation efforts of the Sound Mitigation <br />Plan. Following adoption of these amendments, Belair should be <br />directed to apply for a Special Use Permit to permit the crushing <br />operation and the expansion. <br />• If the Council is unsure if the noise mitigation efforts are acceptable, <br />work with Belair on a trial period for the sound mitigation efforts (i.e. <br />construction of the berm and lowering of pile heights). If the sound <br />mitigation efforts alleviate noise concerns, the Council could then direct <br />staff to the first bullet above. <br />• Notify Belair that all illegal activity must cease. This would include the <br />crushing operation and moving all material off of the southern 5.5 <br />acres. <br />Staff is seeking direction on how to proceed on this issue. In addition to the three <br />bulleted options above, a fourth option would be to do nothing, however that is <br />not recommended in light of the number of complaints that have been received <br />regarding this facility. Staff will be prepared to address questions and concerns <br />at the worksession. <br />Attachments <br />One: Addendum No. 2 to Sound Mitigation Plan (dated 5/14/09) <br />Two: Memo from Barr RE Proposed Sound Mitigation Plan (dated 2/13/09) <br />Three:Addendum No. 1 to Sound Mitigation Plan (dated 1/22/09) <br />Four: Sound Mitigation Plan prepared by Belair (dated 12/22/08) <br />Five: Staff Memo dated 9/6/07 <br />