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5. The requested Special Use Permit will amend certain conditions of previously approved Special Use Permits per Resolutions 10 -068 and 10 -069. 6. This request is necessary as conditions number 3 and 8 of Resolution 10 -068 and conditions number 4 and 9 of Resolution 10 -069 cannot be fully implemented due to restrictions within the electrical transmission line easement running east -west through the applicant's property. i. The electrical transmission line easement restrictions prevent the applicant from completing the originally approved sound mitigation berm to an elevation of 926 within a 130' wide easement area. 8. The requested Special Use Permit amendment application includes a supplemental sound mitigation berm/barrier, referred to as Addendum No. 5 to Sound Mitigation Plan of December 22, 2008, ensuring the criteria of Zoning Code Section 6 -800 (2) & (3) remain in compliance. 9. The Planning Commission and City Council reviewed the proposal in accordance with the Special Use Permit conditions of Zoning Code Section 6- 800(2) and Section 6- 800(3), a full analysis of which is provided in the written Planning Report dated 5 -16 -2014. 10. The Planning Commission and City Council reviewed the proposal in accordance with the Special Use Permit criteria of Zoning Code Section 8 -130, a full analysis of which is provided in the written Planning Report dated 5 -16 -2014. 11. The Planning Commission and City Council find the special use criteria of Sections 6 -800 and 8 -130 are met based of the following: a. The revised berm/barrier plan will ensure decibel levels at the nearby residential neighborhoods on Rockstone Court and Mississippi Street will not exceed 56.5 dBA. b. The applicant will continue to comply with pile storage restrictions related to setback and height standards of Zoning Code Section 6 -060 and all other conditions of Zoning Code Section 6- 800(2) & (3). �ow THEREFORE BE IT RESOLVED that based upon the above Findings of Fact the application for a Special Use Permit (SP2014 -002) is hereby approved, subject to the following conditions: I N 1. The revised sound mitigation berm/barrier is fully constructed by September 30, I 2014, except the re- located dumping platform for gates trucks shall be complete within 10 working days of City Council approval. Once the revised sound mitigation berm/barrier is fully constructed it must not be disturbed while the special use permits under Zoning Code Section 6 -800 (2) & (3) are in force. 2. The revised sound mitigation berm/barrier is constructed consistent with the submitted plans. The applicant further agrees to submit a plan view of the proposed berm/barrier for Engineering/Public Works review and approval. 3. Any equipment owned or leased by the property owner and /or used by tenants of the property shall be equipped with "HUSH" backup alarms. 4. Conformance with the items outlined in the Interoffice Engineering Memo dated 5 -12 -2014 (attached to the Planning Report), including entering into an Encroachment Agreement.