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Planning Commission Minutes February 27,2001 Page 3 • 1. In light of recent negotiations with the adjacent property owner, Mike Rotz, Mr. Rohlf recommends not allowing mining up to the Rotz property line and to only allow mining up to the south line of Section 9. This will give the Rotz's a 320 foot buffer. 2. The 95 ft.wide berm will still be constructed along Aggregate Industries' south property line, so that it would not have to be moved in the future if they acquire the property to the south. 3. Testing well water at the Rotz residence will not take place, due to the risk of introducing contaminants. Testing of the water level of the well at the petitioner's wash site will still be required. 4. A microwave or strobe light will be used instead of backup alarms from dusk to dawn. 5. Staff is now recommending fencing on the north, west and south. Entering the site from the east would require going up the cut face. Mr. Rohlf stated that Jim Baker and Dan Que were present to represent Aggregate Industries. Chair Mesich opened the public hearing. • Steve Zimmerman, 21268 Vernon Street, stated he was concerned with noise. He stated that he hears a banging sound all night long. He asked if there would be a buffer zone for the wooded railroad bed area. Steve Rohlf stated that the hours of operation will be same as the Julius Nemeth gravel pit. He stated that placement of stock piles to deflect sound and erecting a shelter that is only open on one side are possible remedies for reducing noise. Mr. Rohlf asked when noise is being heard. Mr. Zimmerman stated that the noise is heard late at night in the fall. Mr. Rohlf stated that he will give Mr. Zimmerman a phone number for a contact person to call with noise complaints, and also his number. He felt that the noise is probably caused by the crusher and in the past, they have been able to address problems with the equipment by making adjustments. Mr. Rohlf stated that the applicant is not asking for a permit for the area near the trail at this time, but when they do, a buffer can be addressed at that time. Mr. Zimmerman asked if there would be additional traffic with the new pit. Mr. Rohlf stated that it is anticipated the interchange on County Road 33 will be done by the time the Nemeth pit is mined out and the new pit opens. Mr. Zimmerman asked that Aggregate Industries keep the neighbors in mind. Mr. Rohlf stated that he expects that the applicants will continue their practice of meeting with the neighbors north of County Road 33, as they have done south of 33. There being no other public comment, Chair Mesich closed the public hearing. COMMISSIONER PEDERSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY AGGREGATE INDUSTRIES FOR A CONDITIONAL USE PERMIT FOR GRAVEL MINING, CASE NO. CU 01-06, WITH THE CONDITIONS AS OUTLINED BY STAFF. IIICOMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.