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HomeMy WebLinkAboutPlanning Memo / Response to Applicant Response 1/20~~E ID1Z IAN,- ~J January 20, 2010 MEMORANDUM TO: Planning & Zoning Commission FROM: Sonya Wafters, Associate City Planner CC: Pete Friedman, City Clerk, Jason Densmer, Ryan Russell RE: Southridge Subdivision Gravel Mining (CUP-10-015) Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This memo is in reply to the Applicant's response to the staff report for the above-mentioned project in regard to the conditions of approval contained in Exhibit B of the staff report. Condition #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." The applicant requests the hours of operation be modified to 7:00 am to 7:00 pm Monday thru Friday. Further, the applicant requests the Planning Director have the authority to approve extended working hours of up to 24 hours on a case by case basis when required to serve specific construction projects. Staff s recommendation for the restriction on the hours of operation from 8:00 am to S: 00 pm Monday thru Friday is based on the hours proposed by the applicant in the application. Staff is not supportive of mod j~ed or extended hours of operation because of the proximity of residences (10 that abut the site as well as others beyond the property boundary) and the potential for adverse noise impacts on abutting neighbors from the operation of heavy equipment. Additionally, 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. Condition #1.13 - "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." Planning Department . 33 E. Broadway Avenue, Suite 210, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854. www.meridiancity.org Page 2 The applicant requests removal of this condition as'',bonding for reclamation costs is required by the Department of Lands prior to beginning work. 't'he City's requirement duplicates protections that are already in place that ensure proper reclamation of the site. Reclamation bonds held by the Department of Lands do not expire as long as the construction site is considered active. Once the construction site) is no longer active, the applicant has 3 years to reclaim the site. For this reason, staff is concerned that it may be quite some time before reclamation of the site occurs after the use ends :f surety is not retained by the City. For this reason, Staff recommends surety is held by the City for the cost of reclamation of the site. A bond would be acceptable for this purpose as an alternadive to cash surety or letter of credit. Condition #1.1.22 - "The proposed use shall be allowed for a maximum of 18 months from the date of approval of the findings." The applicant requests additional time, up to 36 moths, to accomplish the entire proposed excavation and complete lowering of the site towards the Val Vista subdivision because current demand for materials from the gravel mining operation is low and expected to remain so for some time. As this site was never intended to be used for gravel extraction, Staff views the proposed use as an interim use to the residential subdivision approued to develop on this site. As a temporary use, Staff is of the opinion three years is excessive becarxse of the proximity of residential properties in relation to the project site and the impacts from the proposed use. Thus, Staff recommends a limitation of 18 months be placed on the project. If'Ithe applicant wishes to operate beyond this time period, a modification to the conditional use plermit maybe requested.