CU24-028 BOC Order - Laserfiche WebLink

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Exhibit A approval could address the concerns if the Application could satisfy all other criteria. It is possible that this criterion could be met as conditioned. (b) Adequate fire protection and other rural services are, or will be, available when the use is established. The Marion County No. 1 Fire District provides the subject parcel with fire protection services and provided comments with their requirements for meeting fire safety code. Other rural services such as a well and septic are already present on site and the Marion County Sheriff provides police services to the site. All other necessary rural services are either present or will be available when the use is established. The criterion is or could be met with the requirements of the Marion County No. 1 Fire District made a condition of approval. (c) The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality. The proposed activity is not anticipated to have an adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability or water quality, as the activity would be contained to the roughly 1.5-acre area proposed on the site plan. Air quality is a concern, as the proposed use will be conducted out in the open and the dust from the mulching activity can reduce air quality in the local area. Applicant states that they use a watering truck during the mulching activity to prevent dust and small wood particles from escaping the property, which sufficiently addresses air quality concerns. Mr. Adelman has serious concerns about dust or other airborne particulate matter which he indicates could have a significant impact on his farming practices. However, it is likely that these concerns could be addressed with conditions of approval, and the criterion could be met. (d) Any noise associated with the use will not have a significant adverse impact on nearby land uses. Applicant states that the actual mulching of the woody debris occurs on a limited basis. Applicant states that the actual grinding happens approximately 4 times a year, and the grinding does not occur in the summer to mitigate fire risk. Applicant states that the actual time for grinding is 40-60 hours per year. Applicant states that in addition to the actual grinding, other activities would generate typical noise from trucks and tractors. Applicant states that the vegetative screening that can be made a condition of approval to mitigate the concerns of Opponents and that the condition of approval will reduce the impact of noise on nearby land uses. Opponents argue that the grinding is "extremely loud with major impacts to surrounding farm uses" and that the noise is in the dangerous category. Steve Adelman argues that the level of noise far exceeds what is expected in an agricultural area and cannot be mitigated by the conditions of approval. CU 24-028 - ORDER Klopfenstein Page 9