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Page 7 on the subject site, separate from any other soils which may have been excavated previously. Spraying of Drive and Parking Areas 11. The site plan submitted proposes to spray the main drive and parking areas on the subject site. Not all drive areas, however, are proposed to be sprayed. It was never specified in past resolutions or minutes which drives and parking areas were to be sprayed. However, staff would recommend the site plan be revised to indicate the spraying of all drives and parking areas to ensure adequate dust control. Perhaps the drive areas located on the far south and far north portions of the site do not experience heavy levels of truck traffic; however, these drives are still capable of producing dust through wind gusts. The applicant has been out of town and unavailable for comment. STAFF ANALYSIS NC-78 Several of the conditions placed on previous non-conforming use permit approvals (dating back to 1977) have not been complied with or maintained by the applicant. Prior to expanding or intensifying the existing non-conforming use, these previous conditions of approval should be satisfied. The failure of the applicant to engage spraying techniques in driving and parking areas to control dust is perhaps the most serious of these violations. The MacGillis and Gibbs Company argues the reason past conditions of approval have not been met is due to several manager turn-overs during the past 10 years. It should be noted, however, the current manager of the MacGillis and Gibbs Company was hired in 1983 and represented the company when NC-59 was approved on December 27, 1983. As a condition of approval, the applicant was to use spraying techniques in driving and parking areas for dust control. The driving and parking areas were never sprayed. The current manager of MacGillis and Gibbs has expressed a willingness to reduce the remaining Type IV non-conformities on the site to the greatest extent practical. Beyond implementing dust control measures, the applicant has proposed additional site improvements and has agreed to comply with previously required screening and dust control measures prior to obtaining a building permit, as recommended by the Planning Commission. SP-139 The applicant has altered the original submittal and is now proposing the truck weigh scale be located entirely within the MacGillis & Gibbs site. Therefore, the impact of such a use on the surrounding land uses has been reduced.