A couple of interesting twists — conditions of approval that would limit truck trips and limit the amount of material that could be delivered to the site.

Ellis is also noting one of the big rubs for both sides in this dispute - that development in the area in the last 10 to 20 years have put industrial zoning on Rosedale Lane cheek by jowl to surrounding residential development.\

Ellis said the use, for the zoning, is "pretty benign."

There are much worse uses that could be approved there.

McQuiston is laying out the ground rules.

Both appealants will be allowed to state their case. Then public comment. Then rebuttal from the two appelants.

Roger McIntosh is speaking for M&B.

He's making the point that the industrial zone has been in the area for decades. The homes are new. City and county officials justified allowing homes in the area becaus there were buffers between them and the potential industrial groups - railroad tracks run along Santa Fe Way to the west and the Mosquito and Vector Control District has it's airfield to the east.

McIntosh is saying its not economically feasible to put the project in only to risk losing the right to operate the crusher onsite two years later.

Curtis Pierce, speaking for the neighbors, is up.

Recycling is good...but not for their neighborhood.

You find yourself in a position to fix a situation that never should have happened. This was an industrial area. Homes should have never been allowed to be built here," Pierce said.

Catherine Jones is speaking.

She's arguing that controls on the type of concrete Polhamus will be allowed to crush need to be stronger and that without sample testing there is no way to assure substances like asbestos aren't pulverised and pushed up into the air.

Carol Bender is speaking.

"Quite simply put it's too close to neighborhoods," she said in summarizing the case of the neighbors.

Catherine Jones should have brought up the coal ash often used in concrete contains many heavy metals like mercury.  County staff should be aware of that because of the pending Calash application.  It is usually considered ok because concrete is so stable.  But, not when it is crushed!

There were a lot of passionate arguements against the project - air quality, noise, traffic, zoning.

Now we have people speaking in support of the project.

Cathy Merlo - a resident is speaking in support of the staff recommendation. Of course she suggested the two year provisional permit during public comments at the Plan Comm meeting....

Quick rebuttals from both sides sends this back to the staff.

McIntosh agreed to ban all coated feed stocks on the project and staff immediately recommended a condition to implement that suggestion.

Watson is up.

"Our responsibility is to make sure we protect public health and safety," Watson said.

But they also have to protect property rights.

He's saying that federal air quality standards must be me if the project is approved before the air control district or the project doesn't open.

"My thought is that the applicant has the right to do most of what he wants to do without a conditional use permit," Watson said. "At this point I am not willing to support it."

He's asking if the applicant wants to respond.

McIntosh jumped up.

Watson said he'd like to limit the number of days the crushing plant was in operation.

Oviatt is saying staff can't make findings to support that idea.

Watson is pushing for a continuence to increase the amount of material that can be crushed in one day so the number of days the crushing can go on may be reduced.

Our "zoning" sucks.  Why this conflict in uses was every allowed is a mystery or is it just good political planning by the Board?

Rubio will support Watson's recommendation.

Maggard said he doesn't think there is a win-win in this situation.

He said the decisions that have put this zoning conflict in place are responsible for that.

The stink of those decisions stick to both the city and county, he said.

Planning chief Lorelei Oviatt said staff are hoping to fix some of the glaring zoning conflicts in the community through the General Plan update process.

Looks like the delay fix is in.

The project is referred back to staff to hire a consultant and conduct the study.