CCP 11-23-2010 - Laserfiche WebLink

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Commissioner Zisla clarified the proposed sound level following construction of the berm would be equal to typical conversation. Chairperson Howard question if the I1 or I2 district have any specific decibel level requirements. Ms. Gundlach responded zoning code Chapter 6, section 390 states any commercial or industrial use is subject to performance use standards, the original noise study the applicant completed met the requirements. Roger Schilling stated he disagreed with the noise explanation, and questioned the location of the yard waste pile. Ms. Gundlach explained the applicant did not complete a line of site study, but noted the berm would shield the pile. Mr. Schilling questioned any impacts on the trail system through Long Lake Park. Ms. Gundlach showed an aerial view of the park, it appears the trail would be minimally impacted. Joanne Knuth residing at 106 Rockstone Lane had three concerns. She expressed concern with the length of time requested for construction of the berm. Secondly, Ms. Knuth suggested planting native trees, shrubs and grasses. Thirdly, Ms. Knuth expressed her concern with the impact on the future portion of the Rice Creek Trail going through the north side of Long Lake Regional Park, Mike Murlowski thanked Janice Gundlach and staff or their efforts over the years, as well as the residents. Mr. Murlowski requested three years to construct the berm, noting 1/3 of the berm would be complete the first year, the second 1/3 being completed the second year, and the last 1/3 being complete the third year. It was reported with road restrictions, material will not be able to be delivered until approximately June 1, 2011. Mr. Murlowski also expressed concern with hours of operation. The weekday hours of 7:00 am -7:00 pm was acceptable for the crushing and yard waste storage components. However Saturdays are a key day for delivery of black dirt, also typically equipment is moved at night. Commissioner Zisla questioned the aspect of on-going operation. Mr. Murlowski responded black dirt delivery, and rubble delivery. Mr. Murlowski reported tail -gate banging has been reduced without a berm by approximately 90%. Ms. Gundlach clarified the ordinance to say no operation can occur after the hours of 7:00 pm on the weekday, and not at all on the weekends. Jim Yarosh. Legal Counsel for the applicant noted the current Special Use permit for the property permits exterior storage. Mr. Murlowski stated that once the mitigation plan is implemented, many of the issues will not exist. Commissioner Danger stated he felt the annual inspection does not really measure compliance, and would rather allow the City three unscheduled inspections, and one planned inspection annually. Mr. Murlowski stated he would agree to that. Mr. Yarosh stated they had an objection to the licensing requirement, because they do not know what the requirements and/or restrictions might be. Mr. Yarsh suggested adding the annual inspection requirement to the Special Use Permit, and if compliance isn't achieved, the Special Use Permit be pulled. Commissioner Zisla questioned if the Special Use Permit includes compliance requirements and enforcement provisions. Ms. Gundlach stated the process is different between pulling a Special Use Permit and pulling a license, also it was reported the City Attorney and City Staff prefer the license option. Mayor Jacobsen suggested the City include landscaping requirements in the ordinance. Chairperson Howard noted landscaping requirements are on the list to be reviewed by the commission in the future. Ms. Gundlach provided revised resolutions for the aggregate and yard waste transfer requests. The following items were noted: Special Use Permit versus License Requirement, berm landscaping, length of construction for the berm, and hours of operation. It was noted Chapter 15 of the City Code states the permitted hours of operation are weekdays 7:00-10:00, and 9:00 am -9:00 pm on weekends and Holidays. Ms. Gundlach explained the limited hours of operation would limit the potential of noise on weekends and in the evening. 3