2001-171 Council Resolution - Laserfiche WebLink

Home Search

Molin Concrete page 14 Discussion of Conditions Added by P & Z: The first additional condition recommended by P & Z regarding hours of operation is intended to reduce the frequency of noise complaints. This is a good intention. However, staff is concerned about the meaning of the condition, how it will be interpreted by different parties, and the City's ability to enforce it. Molin did not agree not to operate outside of the listed hours, and cannot avoid operating outside of those hours. Ultimately, the City's ability to enforce the conditions of the conditional use and interim use permits rests on the threat of revoking the permits. "General hours of operation" and "extraordinary" are undefined terms. Neighborhood complaints will not be a legally supportable basis for revoking Molin's permit to operate the concrete plant. Because the condition is too ambiguous and therefore unenforceable, staff does not recommend including this condition in the approval. The second additional condition would require trees planted on both sides of the berm. This is a variation of the original 1997 condition, which Molin has requested be deleted. The purpose of planting trees is to provide screening. The existing berm is 8-10 feet high. This is as tall a screening measure as the City would require. Existing trees along the property line now create a very thick screen except toward the eastern portion of the site. In addition, there is a safety concern with trees in the approach zone of the Lino Air Park. It is possible to plant trees that will not exceed the approach zone height restriction. The shorter trees could be planted on the western portion of the site, with taller trees to the east, farther from the air park. Trees would best be planted close to the property line rather than on the berm itself. The chances are not good that trees will survive on the berm. In addition, the closer to the property line, the better the screening effect of the trees. If the City requires trees to be planted, staff recommends the following: 14.b. A double row of staggered conifers shall be planted along the northern Molin property line. Trees in each row shall be planted 36 feet apart to achieve the effect of a tree every 18 feet when viewed horizontally. (The wetland/pond may necessitate some variation to that pattern, however.) No trees are required to be planted along the western 230 feet. A conifer species with a maximum height of 30 feet shall be planted along the next 420 feet moving east. White pines shall be planted along the eastern 640 feet.