CCP 10-26-2010 - Laserfiche WebLink

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Approved a shorter term effort to mitigate dust by running an irrigation system and water truck, and to mitigate noise by Belair Excavating imposing a "no bang" tailgate policy. In the longer term, staff, the City Attorney, and Belair began working on a legislative means to permit the uses they've been conducting illegally on site for the past 15+ years. Before that legislative process could be determined, staff asked Belair to conduct a noise study to determine if the noise issues could even be abated. Belair staff commissioned this study last spring/summer. After conducting the noise study, it was determined that staff could most likely impose conditions on the use so as to mitigate many of the nuisance issues that related to noise generated by the main crushing/recycling operation. Since the end of 2009 staff has been working on the overlay district and determining what conditions needs to be placed on the aggregate crushing/recycling use. This process has been very open with Belair staff as it wouldn't be advantageous to the City to go through the process unless Belair could live with the conditions that would be imposed on their use through the overlay. The site plan analysis was reviewed. This is the means to allow the expansion onto the southern 5.5 acres. A row of evergreens, and likely irrigation, will be necessary on top of the proposed berm in order to fully screen from the west. Additional evergreens will be required at the south end of the berm. Generally, all piled material meets required setbacks. The current dust mitigation efforts must continue — irrigation system on road and running a water truck when weather requires, and pile heights cannot exceed 40' and must be screened — can be done with berm and additional evergreens. The applicant's noise study indicated the tailgate bang measured at 101 decibels, at 50 feet. At Rockstone Lane is about 63.5 decibels, reduced to 56.5 decibels after the berm is installed. A 10 decibel reduction reduced the sound by half. City Planner Gundlach reviewed the yard waste transfer option. The use consists of yard waste haulers dumping material on the site, and at the end of the day material would be transferred to the Elk River compost site, allowing one truck travel to Elk River. The site is 1-2 acres of a 22 acre sites. Staff concerns include: the volume of yard waste, the assurance of expeditious removal, a contingency plan in place in the event of inability to remove in timely manner. Staff would like additional time to draft a defined set of conditions. The applicant held a neighborhood meeting on September 15''. Eleven interested people attended the meeting. Belair staff and the yard waste staff (Walter's Refuse) we on hand to address questions. Neighbor concerns included: • Aesthetics of the berm • Noise from the crushing machine & tail gate banging • Construction details of the berm • Contingency plan for daily removal of yard waste • Odor • City ability to perform yearly inspections to ensure compliance 151 notices were sent outj inquiry was received, and 1 written concern which was distributed to the commissioners. Staff recommends opening the hearing, allow time for discussion and tabling the item until the October 19, 2010 meeting. Commissioner Danger questioned the run-off effect of the yard waste pile, and Rice Creek Watershed involvement. City Planner Gundlach reported the run off from the compost would not enter the water table. The second question was answered stating Rice Creek Watershed would only need to approve the berm construction. Michael Murkowski, representing Murkowski properties and Bel Air Excavating explained the pile will be covered at all times. Commissioner Schiferl questioned if more of the belly and side dump trucks will be used than the end dumps. Mr. Murkowski confirmed.