2022-09-28 Applicant Response to Director's Recommendation_v1

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Mr. Zendo Kern, Planning Director Page 3 of 4 September 28, 2022 Applicant's reason: The landscaping standards at Section 17-6(B)(2)(A) states that ... "To exclude all visual contact between the industrial and residential uses and to create a strong spatial with concomitant lessening of noise intrusion, the landscaped buffer shall be opaque from the ground to a height of at least six feet, with intermittent visual screening from the opaque portion to a height of at least 20 feet. Compliance shall be determined on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual screening should not contain any completely unobstructed openings more than 10 few wide. Options that presumptively achieve this standard include: (i) Small trees (20' at maturity) planted 30'on center with 3'solid fence or wall. (ii) Small trees (20' at maturity) planted 20-30' on center on top of 3' high seeded earth berm. (iii) Tall trees (taller than 40' at maturity) planted with branches touching near the ground." The installation of 20-foot tall trees specifically along the southern boundary of the project site adjoining a neighboring Agricultural -zoned property occupied with a dwelling, as shown on the attached photo, could present a hazard during high wind events since this area is improved with an existing low rock wall and concrete dock structure that will only allow for plantings in pots. Furthermore, this area is utilized by delivery vehicles to help facilitate the loading and unloading of products. The proposed amendment to Condition 5 would allow for the consideration of utilizing the existing fence to support an opaque screening fabric or other appropriate material in lieu of plant material. Summary There are code -prescribed processes that must continue to be followed in order to secure the proper approvals and permits, no different than this Special Permit process. The amendments related to performance conditions ensures that the proposed conditions of the Special Permit do not conflict with these established processes. In the end, within 180 days from the date of approval of the Special Permit, should it be granted, the Applicant must secure all required approvals and permits, including the change of use and the installation of a new IWS. The amendment to the landscaping requirements offers a reasonable alternative due to existing site conditions.