CCP 11-23-2010 - Laserfiche WebLink

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City Planner Gundlach stated there are three possible actions the commission could take; 3 actions are possible; 1) Recommend the City Council adopt the Overlay Ordinance as revised by staff, including the license and hours of operation requirements. 2) Recommend approval of the Special Use Permit for aggregate crushing and recycling, subject to the 11 conditions outlined in the revised resolution. 3) Recommend approval of the Special Use Permit for a yard waste transfer facility, subject to the 12 conditions outlined in the revised resolution. (site plan approval is noted in both the special use permit resolutions) Commissioner Nichols-Matkaiti questioned the licensing; if two separate licenses would be required annually? City Planner Gundlach responded there would be two separate licenses each year. Ms. Gundlach clarified the fee is to cover the costs of staff. Chair Howard requested clarification between the license requirement and a Special Use Permit. Ms. Gundlach responded licensing allows the City more leverage in terms of making sure applicant is in compliance with Special Use Permit, Commissioner Danger questioned the number of annual licenses the City currently has. Gundlach replied there are many types of licenses, including liquor, 3.2 beer, cigarettes as well as others. Commissioner Zisla questioned what is included in the license requirements, and whether the City should have a license requirement as part of all Special Use Permits. Ms. Gundlach responded licensing requirements are addressed in Chapter 15 of the City Code; included in the license are an annual inspection, and a collection of a fee. Ms Gundlach described this site a unique as it is hidden from the main road, and a license would allow unannounced inspections. The City Attorney has reviewed and approved the licensing requirement. Commissioner Schiferl questioned if shrubs could be considered for esthetics and erosion control. Ms. Gundlach stated shrubs would not be necessary on top of the berm, and a native grass mix is planned for the slope. Commissioner Zisla questioned the concern the hours of operation limitation is addressing. Ms. Gundlach responded it is thought the trucks accessing the site would involve noise, and it would be beneficial to limit the hours of operation. Chairperson Howard opened the Public Hearing at 7:39 pm. Roger Schilling 1187 Mississippi St. questioned the manner in which noise is measured. Mr. Schilling requested measuring the peaks of every frequency, because the banging of the tailgates must be higher than the average reported. Mr. Schilling reported the tailgate noise still occurs a couple times per day. Tim Collins, representing Wenk Associates completed the noise analysis for the site. The standard method of measuring noise counts all noises from about 31 cycles per second up to about 8,000. The noise is measured the way the human ear hears the noise. Another component looks at the fluctuation of sound over time, and an average is reported. Chairperson Howard questioned if the measurements, other than average will ever exceed the specific dbas limits within the overlay district. Ms. Gundlach responded the ordinance is written to limit the noise to at least half as loud at the lot line. Chairperson Howard questioned the way to test compliance. Ms. Gundlach responded upon reason, the City will confirm the applicant is in compliance. Commissioner McPherson questioned if the maximum is 56.5 dba at the residents, what is the maximum db level, not dba. Mr. Collins was not able to answer that. Commissioner Danger questioned why not look at maximum instead of the average. Ms. Gundlach explained all the extrapolation was based on 108 dba rating on the tailgate bang. Mr. Collins reported when the tail gate bang was analyzed, they intentionally set up a loud tailgate bang, and had them bang it several times, The average was 108, the cluster was within a few tenths of a decibel. Mr. Collins reported the back-up alarms would likely not be heard upon completion of the berm. 2