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HomeMy WebLinkAboutStaff ReportItem #4.D: Southridge Subdivision Gravel Mining (CUP-10.015) Application(s): - CUP for construction sand & gravel mining on approximately 76 acres in the R-2, R-4, & R-8 zoning districts at Southridge Subdivision, by Idaho Sand & Gravel Size of property, existing zoning, and location: This site consists of 76 acres, is currently zoned R-2, R-4, and R-8, and is located south of W. Overland Road, southwest of the Ridenbaugh Canal, and east of S. Ten Mile Road within future development areas of Southridge Subdivision. Adjacent Land Use & Zoning: North: Overland Road & vacant land in the development process, zoned R-4, R-8, TN-R. South: Rural residential properties in Val Vista & Aspen Cove Subdivisions, zoned RUT & R1 in Ada County East: Vacant land in the development process, zoned R-4 & R-8 West: Rural residential properties, zoned RUT in Ada County; Overland Road & vacant land in the development process, zoned R-8 History: This property was annexed in 2007 with a DA and preliminary platted as part of Southridge Subdivision. Summary of Request: The applicant proposes to conduct mass grading on the site to achieve a gentle slope to the northeast for future development of a residential subdivision on the site. Construction of the desired grading will result in excess material that wilt need to be exported from the property. These materials are proposed to be used as gravel & structural fills for State and Local road agency projects. The applicant has submitted a site plan showing the project site, access & haul road, stockpile area, & crusher area. Vinyl fencing is proposed along Overland Road to screen the site; wrought iron fencing is proposed along the Ridenbaugh Canal; & either wrought iron or masonry is proposed along the south boundary. The current DA requires a masonry wall along the south boundary; if wrought iron is desired, an amendment to the DA will be necessary to change the fencing material. Dozers and scrapers, and occasionally excavators and rock trucks, will be used to strip the site of excess material. Water trucks will be kept on-site for dust control. Material hauled from the site will be measured using a portable scale which includes a small structure for the operator. Work will be conducted in phases, limiting the areas of the site where work is active at any one time to allow vegetation to be retained on inactive areas to aid in dust control. Grading plans have been submitted showing the beginning & proposed finish grade of the site. The plans also include 2 ponds. Normal work hours for mass grading, gravel extraction, crushing, loading, hauling, & weighing at scales are proposed from 8 am to 5 pm on non-holiday weekdays. The applicant requests approval for extended hours of operation, up to 24 hours, on a case by case basis when required to serve specific projects, upon written request to the Director. Comprehensive Plan DesignationlCompliance w/Comp Plan? Low Density Residential - No (interim use) Compliance with UDC? Yes Written Testimony: Scott Nichols; Jason Densmer, Applicant's Representative, in response to the staff report Outstanding issues: - #1.1.2 -The applicant requests approval to modify the normal working hours from Sam to 5 pm as requested previously, to 7 am to 7 pm weekdays. Staff is not in favor of the extended hours of operation because of the proximity of residences that abut the site as well as others in the nearby vicinity & the potential for adverse noise impacts on these residences from the operation of heavy equipment. Additionally, the City's noise ordinance prohibits noise that creates a public disturbance between the hours of 11 pm & 6 am. - #1.1.3 -The applicant feels the requirement to submit surety for the cost of reclamation of the site duplicates procedures already in place by the Dept. of Lands that ensure reclamation of the site. Because reclamation bonds held by the Dept. of Lands do not expire as long as the construction site is active & once a site is no longer active, the applicant has 3 years to reclaim the site, staff is concerned that it may be qu-te some time before reclamation of the site occurs after the use ends if surety is not retained by the City. Therefore, staff recommends surety is held by the City for the cost of reclamation of the site. - #1.1.22 -The applicant does not feel the 18 month term recommended by staff to conduct the proposed use is adequate because of the extensive work to be done on the site & the current low demand for materials available from the gravel mining operation. Therefore, the applicant requests up to 3 years to conduct the proposed use. Because this site was never intended fo be used for gravel extraction, staff views the proposed use as an interim use to the residential subdivision approved to develop on this site. As a temp use, staff is of the opinion 3 years is excessive because of the proximity of residential properties in relation to the project site & the impacts from the proposed use. Thus staff recommends a limitation of 18 months be placed on the project. To operate beyond this period, a mod~cafion to the CUP maybe requested by the applicant Staff Recommendation: Approval w/conditions. Staff also recommends Condition #1.1.3, which requires the applicant fo .submit a bid for the cost of reclamation of the site along with surety in the form of cash or letter of credit, be modibed to allow a bond to be submitted as an alternative form of surety. Also, modify condition #1.1.22 to add a requirement for ALL reclamation of the site to be completed prior to the end of the approved term of use. STAFF REPORT Hearing Date: January 20, 2011 TO: Planning & Zoning Commission E IDIAN~-- FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-10-015 - Southridge Subdivision Gravel Mining I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Idaho Sand and Gravel, has applied for a conditional use permit (CUP) for construction sand and gravel mining on approximately 76 acres of land in the R-2, R-4, and R-8 zoning districts at Southridge Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. a III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-10- O15 as presented in the staff report for the hearing date of January 20, 2011, with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on February 3, 2011. Denial After considering all staff, applicant and public testimony, I move to deny CUP-10-015 as presented during the hearing on January 20, 2011, for the following reasons: (You should state specific reasons for denial.) I further move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission hearing on February 3, 2011. Continuance I move to continue File Number CUP-10-015 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located south of W. Overland Road, southwest of the Ridenbaugh Canal, and east of S. Ten Mile Road within future development areas of Southridge Subdivision (Parcel #S1223244502 & S1223131350), in the north''/z of Section 23, Township 3 North, Range 1 West. B. Owner(s): Corey Barton Homes, Inc. P.O. Box 369 Meridian, ID 83642 Southridge Subdivision Gravel Mining CUP-]0-015 PAGE 1 C. Applicant: Ryan, Russell, Idaho Sand and Gravel 924 N. Sugar Nampa, ID 83687 D. Representative/Contact: Same as Applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 3, and 17, 2011 C. Radius notices mailed to properties within 300 feet on: December 23, 2010 D. Applicant posted notice on site by: January 10, 2011 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently vacant but has been approved for single- family dwellings. The property is zoned R-2, R-4 and R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Commercial uses abut this site. North: Overland road & vacant land in the development process, zoned R-4, R-8, TN-R. South: Rural residential properties in Val Vista & Aspen Cove Subdivisions, zoned RUT and Rl respectively, in Ada County East: Vacant land in the development process, zoned R-4 & R-8 West: Rural residential properties, zoned RUT in Ada County; Overland Road and vacant land in the development process, zoned R-8 C. History of Previous Actions: • This property was annexed (AZ-06-031) in 2007 with a development agreement (Instrument #107074205) and preliminary platted (PP-06-031) as part of Southridge Subdivision. • A time extension (TE-09-009) to obtain the City Engineer's signature on the final plat was approved by the Director on February 20, 2009, which extended the preliminary plat until Apri16, 2010. • A time extension (TE-10-018) to obtain the City Engineer's signature on the final plat was approved by City Council on September 7, 2010, which extended the preliminary plat until February 6, 2012. D. Utilities: 1. Public Works: a. Location of sewer: NA Southridge Subdivision Gravel Mining CUP-10-015 PAGE 2 b. Location of water: NA c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the northeast boundary of this site. 2. Hazards: The Northwest Pipeline crosses the western portion of this site. No material is proposed or has been approved to be removed from the pipeline easement. Further, heavy equipment will not be crossing the pipelines or pipeline easement during the mining operation. Flood Plain: This property is not within a flood plain or flood way. F. Access: Access for this site is depicted on the site plan in Exhibit A.2 via an existing curb cut to/from W. Overland Road. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated "Low Density Residential (LDR)," "Medium Density Residential (MDR)," and "Civic" on the Comprehensive Plan Future Land Use Map with the majority of the site being designated MDR. Per the Comprehensive Plan (page 99), LDR designated areas, "allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at densities of three dwelling units or less per acre." MDR designated areas, "allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre." Civic areas, "are designated to preserve and protect existing and planned, municipal, state, and federal lands for area residents and visitors. This category includes, public lands, law enforcement facilities, post offices, fire stations, cemeteries, public utility sites (excluding ACHD), parks, public schools, and other government owned sites within the Area of Impact." This site is zoned R-2, R-4, and R-8 which is consistent with the LDR, MDR, and Civic land use designations. The proposed construction sand and gravel mining use is listed in UDC Table 11-2A-2 as a conditional use. When the Comprehensive Plan was adopted in 2002, the type of use proposed was not anticipated and therefore not included in the Plan. Additionally, the proposed use is an interim use and not the approved end use for the property. Staff finds the following Comprehensive Plan policy to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter V, Goal I, Objective A, Action 4 (pg. 39) -Protect and enhance air quality and minimize health hazards associated with air pollution. The applicant proposes to protect air quality during excavation by having a water truck on site to alleviate dust issues associated with the proposed use. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding Southridge Subdivision Gravel Mining CUP-10-015 PAGE 3 housing types that can be accommodated within the density range. The subject property is located in the R-2, R-4, and R-8 zoning districts. B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists the principal permitted, accessory, conditional, and prohibited uses in the R-2, R-4, and R-8 zoning districts. The proposed construction sand and gravel mining use is listed as a conditional use in all of the aforementioned districts. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-4, 11-2A-5, and 11-2A-6 for the R-2, R-4, and R-8 zoning districts apply to this site. D. Landscaping Standards (UDC 1.1-3B): NA E. Off-Street Parking: NA IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT (CUP): CUP approval is requested for construction sand and gravel surface mining on approximately 76 acres in the R-2, R-4, and R-8 zoning districts, as required by UDC Table 11-2A-2. The applicant has submitted a site plan that depicts the area where the proposed surface mining will occur, including stockpile and crusher areas. An access and haul road that will be used by heavy equipment for transporting materials from the site is also depicted on the plan via W. Overland Road (see Exhibit A.2). The applicant has submitted a grading plan showing the existing grade of the site and the finished grade after removal of material and grading of the site and two ponds (see Exhibit A3). Equipment and Methods: The applicant states, mass grading of the site will be completed using equipment typical of road and infrastructure construction. During the periods when site overburden is being stripped, work will be performed with dozers and scrapers with occasional support from excavators or rock trucks. Day-to-day operations during the material exporting will be accomplished primarily using loaders and dump trucks. Water trucks will be onsite for dust control. Material leaving the site will be measured using a portable scale. Staff recommends that suitable topsoil be salvaged for replacement at the end of the mining project. Noise: There will likely be a significant amount of noise generated from the equipment and processes associated with the proposed use. To mitigate this, the applicant proposes restricted hours of operation for normal working hours of 8:00 am to 5:00 pm Monday thru Friday. The applicant shall comply with the City's noise ordinance (MCC 6-3-6). Dust Abatement: The applicant proposes to mine the property in phases. The applicant states the project area has been seeded and watered to help establish vegetative groundcover to provide dust control. Vegetation will be retained and maintained on inactive areas to lessen the dust due to stripping vegetation and overburden soils from the site. A water truck will be kept on-site for the abatement of dust created from the proposed use. The applicant should comply with all adopted state and federal air and dust particulate emission standards. The applicant should keep a water truck on site at all times for the abatement of dust resulting from the proposed use. Topography: The mining of materials from the site will result in an overall lower elevation for the site which could in turn result in a better view for the properties to the south after the property is built out. As shown on the site plan, at completion of the grading, the finished topography will slope generally to the northeast. Southridge Subdivision Gravel Mining CUP-10-015 PAGE 4 Mining: The desired grading for the site will result in excess material that will be exported from the site and used as gravel and structural fills for state and local road agency projects in the nearby vicinity. The applicant's narrative states that ITD has approved the suitability of the site materials for use in roadway projects based on their review of the geological and archaeological report prepared for this site. Williams Gas Pipeline: The Williams Gas Pipeline is a natural gas pipeline that crosses the southwest corner of the site and lies within a 75-foot wide easement held by Northwest Pipeline The applicant's narrative states no mass grading will occur within this easement. Comments were received from Gordon Hamilton, Northwest Pipeline in response to the proposed use which is included in Exhibit A.4. In summary, Mr. Hamilton stated that Northwest Pipeline has no objection to the proposed use with the understanding that no material will be removed from the pipeline easement that the finished slope adjacent to the easement will not exceed 33% (3:1), and that heavy equipment will not cross the pipeline or the easement during the mining of the property. In consideration of Mr. Hamilton's comments, staff has recommended conditions of approval in accord with his comments. Reclamation: The grading plan submitted by the applicant demonstrates the reclamation of the site after mining and grading. Staff recommends the applicant be required to submit surety (cash or letter of credit) for the cost of reclamation of the site, including re-vegetation, in the event the site is not graded as shown on the grading plan attached in Exhibit A.3 and re-vegetated as required. Fencing: The site plan depicts wrought iron fencing along the Ridenbaugh Canal, vinyl fencing along Overland Road between the Northwest Pipeline and the canal, and wrought iron or 6' masonry as agreed with by neighbors along the southern property boundary. A provision of the development agreement requires the applicant to construct a solid 6 foot tall masonry fence adjacent to the lots in Val Vista and Aspen Cove Subdivisions. A development agreement modification application will need to be submitted and approved by City Council for a change in material. Hours of Operation: The proposed normal work hours for mass grading, gravel extraction, crushing of material, loading and hauling will be limited to weekdays between the hours of 8:00 a.m. and 5:00 p.m. No work will occur on weekends or holidays. On ACHD and ITD roadway projects that require night time operation, the applicant proposes to request approval on a case by case basis for extended working hours up to 24 hours when required to serve specific projects. The applicant states that in no case will crushing be performed outside of normal work hours. Staff is not supportive of extended hours of operation because of the adverse noise impacts on adjacent neighbors from the operation of heavy equipment. The City's noise ordinance (MCC 6-3-6) prohibits noises that create a public disturbance between the hours of 11:00 p. m. and 6:00 a.m. This site directly abuts residential properties on the south and west sides of the project area. Term of Proposed Use: The applicant estimates the mass grading will take at least three years to complete. As this site was not intended to be used for gravel extraction, Staff views the proposed use as an interim use to the residential subdivision approved to develop on this site. As a temporary use, Staff is of the opinion three years is excessive. Because of the proximity of residential properties in relation to the project site and the impacts from the proposed use, Staff recommends a limitation of 18 months be placed on the project. If the applicant wishes to operate beyond this time period, a modification to the conditional use permit would be required. Southridge Subdivision Gravel Mining CUP-10-015 PAGE 5 X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Project Overview & Site Plan (dated: 12/3/10) 3. Grading Plans (dated: 12/3/10) 4. Letter from Gordon Hamilton, Northwest Pipeline B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Parks Department 7. Ada County Highway District C. Required Findings from Unified Development Code Southridge Subdivision Gravel Mining CUP-10-015 PAGE 6 Exhibit A.1: Vicinity Map ~~ .~. _ rr- ~~ Tim - .,~ ClIJ~'1- ~`it"d'~ ~n~~ .~ ~~o~,.. 'min tu~p ~, i 1 Southridge Subdivision Gravel Mining CUP-10-015 PAGE 7 ~ ~ Exhibit A.2: Project Overview & Site Plan (dated: 12/3/10) OaMard RO Ndl a Pan r 1 ~ { / Ntp ®PM / /,', ~;. ! 1 Noes Pan ~~~ ~.,,. `~~~ Drerlend Rd 1 ., ~; _ - - ~~~ ~~ ~..~~ _ . 8 Ha a Pan ,`: ~ - ,4.~,,., . ~~ I Hots Part ~ I I J __.--"__----- I I Not a Part I 1 ~` '~"~ \` \ 1 .. 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Letter from Gordon Hamilton, Northwest Pipeline 14+a1n1 ~ Cordcn M [rr1a~.M.If~nilbarlO~hM#Itarlr9.aam] ~Ills'IVadnedrjt, De~Oentiber 24r ZQi17 2:17 PtM "Ta Iluan t~arwrlar T~rbe~, CtN9 R; Ml+ood~ury-,1'~on C; Retlaraon, Saatt C RiE SouthrtdAe - CUP llpa far grave! eoctradfort JaSnq, Be^~d on t~ dreW~ tit y+~ OOIWRyted 111 rdMe 0~'SCiYt11 Ridgy! Subcliri3fo~n and spedllp~l th0 ends th+st your dull irKellds to mine far drawl, Monthwrasx Plpellrne has nc1 ab to tfie plop~oead lend uu. wrther, k Ic cur ~dlryl tlwt no me-terlsl ~ be removed from our ptpe~rle aaemerlt and that the flnlslled sbpe nt m aw easement wil Iwt evaeed 33% X3:1). K i~ abo our ~ that your diets wiN r1GR be Cro1sIM1g our plpeflnes ar plpeMne er~ement with arty ~ equipment Burin` the minkwg of the property, If you have eery gwstlons an the a11aw .statement, please gyre me a ®~. $ttlCandl/, t9ordon M Hamilton Oi:b'lat Manger-I+lord-+weit P~elina G1- 217~~E5Q-8+147 lhretet ]aeon 17ennmer ~a11R8 YVedneada~~ GeOentba~' Z9, Z0101a;Q3 PFI 7>nt tartlon Flsrrrl~n (Gordolr.lL Ileilshc~om~ Soutlridpe - CUP Appiadtlat fQ' gravd elgbr+e~klon 6orda~: 7'tlardC ynu for your time this mcrnkn~ the Gondftlolral Use Ferlnlt ~pNcaRion that haf been submitted ~ tfie 5nutl+rld8e prapertY. I eln etld~ln~ ~ t~M P~ far tM wnrfl, and a 1>arratke letter tM-t ~ ~ wlkh the appllatlan. As I nerrUoned„ the ~dfng vriN O~xur to the nortl~t of the pipeilne.111e desl~n of the B~~ melntadns e7dn111~ e#~eradons wftl-in the W~aAfs aaseeriellt. T'hb It fMto315-~esdwy' leefl 01- the t71'~ SeCf~Cn A 011 >If1eK 01.10-+adeere the easement is shonwl. Fie° the ber~etlt cf the CRYr +~ y'~ P~ ~PiY ~ tNs e-me# with elti4er ]~ approNai of the pfemed rnoric, ar fora Rhut wIN need t4 be owed vrMlh durM~ constrtlctbn7 Aa ahwys. tMlik you fear y011r asal~allaa. [bra't hesltsiae to Matt me k1lan~r ~ y~ ~' ~N 4 8tti Southridge Subdivision Gravel Mining CUP-10-015 PAGE 11 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 No material shall be removed from the 75-foot wide Williams Pipeline easement. Further, heavy equipment shall not cross the pipeline or pipeline easement during the mining of the property. The finished slope adjacent to the easement shall not exceed 3:1 (33%). Per letterfrom Gordon Hamilton, Northwest Pipeline, included in Exhibit A.4. 1.1.2 The work hours for mass grading, gravel extraction, rock crushing, loading and hauling shall be limited to weekdays (Monday thru Friday) between the hours of 8:00 a.m. and 5:00 p.m., unless otherwise modified by the Commission or City Council. If the hours of operation are modified, work shall not occur between the hours of 11:00 p.m. and 6:00 am that would create a public disturbance in accord with Meridian City Code 6-3-6. 1.1.3 The applicant shall submit a bid for the cost of completing the reclamation of the site and surety in the form of cash or a letter of credit for 110% of the amount of the bid to ensure the site is graded as shown on the grading plan attached in Exhibit A.3 and re-vegetated at the end of the mining project, in accord with UDC 11-SC-3. 1.1.4 Work on the site shall be conducted in phases, limiting the areas of the site where work is active at any one time to isolated areas within the overall property. The applicant shall maintain vegetation on the site on phases not actively being mined through planting new vegetation or maintaining vegetation in areas where grading is complete. Vegetation shall be a species that binds the soil but does contain noxious weeds or grow to a height to constitute a nuisance or fire hazard in accord with MCC 4-2-2. Vegetation shall be irrigated to maintain viability of the selected plant material. 1.1.5 Noise created from the proposed use shall not create a public disturbance between the hours of 11:00 p.m. and 6:00 am or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of others in accord with Meridian City Code 6-3-6. 1.1.6 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B and the existing development agreement for this site. 1.1.7 The extraction area shall be watered daily as often as necessary to reduce dust impacts to surrounding properties. Haul roads shall have a durable and dust free surface and shall be graded to drain all surface water away from the haul roads and shall be confined to the subject site. 1.1.8 Upon reclamation of the final phase, all temporary structures shall be removed from the property, except for property line fences or walls. Any contaminated soils shall be properly recycled or disposed. 1.1.9 The applicant shall provide documentation (from the appropriate agency) that the proposed mining operation and reclamation plan comply with federal and state regulations in regard to air and water quality and site reclamation prior to issuance of a Certificate of Zoning Compliance. 1.1.10 The extraction areas shall be designed to create a meandering edge. 1.1.11 No pond shall be constructed within two hundred (200) feet of any existing septic system or designated septic system replacement area. Additionally, no scarp (slope greater than 45%) shall be created within seventy-five (75) feet of the septic drain fields that serve the adjacent dwellings. (Per Mike Reno, Central District Health Department) Southridge Subdivision Gravel Mining CUP-10-015 PAGE 12 1.1.12 The applicant shall comply with all requirements of "Best Management Practices for Mining in Idaho", published by the Idaho Department of Lands. 1.1.13 The slope of the proposed ponds shall be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance in accord with UDC 11-3B-11C.6. The ponds shall be maintained such that they do not become a mosquito breeding grounds in accord with UDC 11-3B-9. 1.1.14 The applicant shall show the extraction and reclamation/re-vegetation phasing plan on the master site plan submitted with the Certificate of Zoning Compliance application. 1.1.15 The reclamation/re-vegetation plan for each phase shall be implemented as soon as the subject area is depleted of resources or when the allowed time has ended, whichever occurs first. l .l .16 The applicant shall submit a letter from the Idaho Department of Lands confirming approval of the reclamation plan and acceptance of the reclamation bond with submittal of the Certificate of Zoning Compliance application. 1.1.17 A temporary erosion control plan shall be submitted to the Planning Department with the Certificate of Zoning Compliance application demonstrating measures are in place to prevent erosion during mining activities. 1.1.18 The applicant shall obtain a permit from the Department of Environmental Quality for the operation of a rock crusher on the site. A copy of the permit shall be submitted with the Certificate of Zoning Compliance application. 1.1.19 The applicant shall comply with all notices and compliances required by, but not limited to, Federal, State, City laws and regulations applicable to the proposed use. 1.1.20 Topsoil containing organic matter favorable for plan growth shall be salvaged for replacement at the end of the project. 1.1.21 The Applicant is required to submit a Certificate of Zoning Compliance prior to establishment of the proposed use to ensure compliance with all conditions of approval and provisions of the Unified Development Code. 1.1.22 The proposed use shall be allowed for a maximum of 18 months from the date of approval of the findings. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-SB-6G. The applicant shall contact Planning Department staff regarding any proposed modification and/or transfer of ownership. Southridge Subdivision Gravel Mining CUP-10-015 PAGE 13 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-SB-6F 1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: a. All radii shall be 28' inside and 48' outside radius. b. The driveways shall have a 20' wide driving surface available at all times. c. The most remote portion of any structure as measured around the perimeter shall be within 150' of a fire lane or paved surface capable of supporting 75,000 lbs. d. Driveways greater than 150' in length shall be provided with an approved turn-around. e. The storage of any Hazardous Materials and Flammable/ Combustible Liquids will have to comply with the requirements of the International Fire Code/ 4. POLICE DEPARTMENT 4.1 The applicant shall comply with all City ordinances including noise (MCC 6-3-6). 5. SANITARY SERVICES 5.1 SSC has no concerns related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns on this application. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not been received from ACHD on this application. Southridge Subdivision Gravel Mining CUP-10-O15 PAGE 14 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-2, R-4, and R-8 zoning districts (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds the proposed use will ultimately prepare the site for future residential development, which is harmonious with the Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Mass grading has previously been conducted on the property to the north of the site across Overland Road; excess material from that site was implemented in the construction of the Ten Mile overpass. Because of the site's proximity to regional transportation infrastructure, Staff finds the proposed use is compatible with neighboring uses. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use should not adversely affect other properties in the area. The Commission should consider any public testimony provided to determine if the development will adversely affect other properties in the general vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds the proposed use will be adequately served by essential public facilities. The mass grading and material export aspects of the project have limited public facility needs, mainly consisting of access to public streets; the site has direct access to Overland Road. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any costs associated with the proposed use. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Southridge Subdivision Gravel Mining CUP-10-015 PAGE 15 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff recognizes that construction traffic will increase with the approval of the proposed use in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public since the Comprehensive Plan and UDC anticipated the site to be developed with residential uses. If the applicant complies with the conditions of approval in the staff report, staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. i. That the duration and intensity of the proposed mining activities are appropriately addressed in the conditions of approval. Staff finds the conditions of approval contained in Exhibit B of this report limit the term of the proposed use tol 8 months and address the intensity of the proposed use. j. That the environmental impacts of the proposed mining activities are appropriately addressed in the conditions of approval, including but not limited to dust, groundwater safety, stormwater runoff, slope stability, and preservation of natural resources. Staff has included conditions of approval requiring the applicant to submit documentation from applicable agencies that the proposed use is in compliance with all federal and state regulations in regard to air and water quality and site reclamation.