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HomeMy WebLinkAboutStaff ReportItem #4.A: Southridge Subdivision Gravel Mining (MCU-12.003) Application(s): - CUP Modification 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, 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 for single-family residential lots as part of Southridge Subdivision. A CUP was approved by the Commission on February 3, 2011 for an interim use of construction sand & gravel mining on the site. The use was approved for 18 months and expired on August 3, 2012. Summary of Request: The applicant requests a modification to the CUP to allow an additional 18 month period of time for the construction sand and gravel mining use to operate on the site. The applicant's narrative states that since the original approval, a berm has been constructed along portions of the southern boundary that is now vegetated, which has helped to reduce noise and dust impacts from the site. Stockpiles and crushing equipment have also been placed at the bottom of the excavated area to reduce noise. Eight hundred feet of the access road into the site has been paved to reduce dust. Materials from the site have been used in 24 public and private projects in Meridian. The remaining work on the site consists of excavation and grading on the southwest portion of the site in accord with the reclamation plan to ready the site for development of Southridge Subdivision. The applicant plans to complete the remaining work within the next 18 months. Written Testimony: Todd Lakey (response to the staff report) -The applicant would like the option of being able to request another extension if circumstances support it. Staff Recommendation: Due to the applicant's proven commitment to working with the neighbors on issues that arise due to the work on the site, staff recommends approval of extending the use for the period of time requested by the applicant subject to the terms of the original CUP as contained in Exhibit B. However, staff does recommend that no further extensions be allowed and that reclamation of the site be completed in full at the end of the allowed term. Approval STAFF REPORT Hearing Date: September 20, 2012 (Continued from September 6, zolz> E IDIAN~- TO: Planning & Zoning Commission I D A H O FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: MCU-12-003 -Southridge Subdivision Gravel Mining I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Idaho Sand and Gravel, has applied for a modification to the conditional use permit (MCU) for the gravel mining operation at Southridge Subdivision. The applicant requests approval to allow the use to be extended an additional 18 months. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MCU-12- 003 as presented in the staff report for the hearing date of September 20, 2012, with the following modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on September 20, 2012. Denial After considering all staff, applicant and public testimony, I move to deny MCU-12-003 as presented during the hearing on September 20, 2012, for the following reasons: (You should state specific reasons for denial.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on September 20, 2012. Continuance I move to continue File Number MCU-12-003 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 #51223244502 & 51223131350), in the north 'h 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 MCU-12-003 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: August 20, and September 3, 2012 C. Radius notices mailed to properties within 300 feet on: July 31, 2012 D. Applicant posted notice on site by: September 7, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: Construction sand and gravel mining is currently taking place on this property. 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 R1 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: • A conditional use permit (CUP-10-015) was approved on February 3, 2011 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. The use was approved for 18 months and expired on August 3, 2012. • A modification to the conditional use permit (MCU-11-001) was requested by the applicant to allow the use of backup warning signals on construction vehicles within the site. The Director denied the applicant's request on April 27, 2011. A request for City Council review (AP-11-001) of the Director's decision was approved by City Council on June 7, 2011 that granted approval to use audible backup warning signals on construction vehicles within the site with the stipulation that the devices be turned to the lowest level allowed by OSHA. Additionally, the applicant was required to make reasonable efforts to reduce noise impacts on surrounding residents by providing a buffer of solid material (e.g. earthen berm) between the residences and the operation and/or orienting operations in such a way as to deflect noise away from the residences. Southridge Subdivision Gravel Mining MCU-12-003 PAGE 2 The applicant has constructed berming along portions of the southern boundary that are now vegetated and placed stockpiles and located the crushing equipment at the bottom of the excavated area to help reduce noise & dust impacts to the adjacent residents. They've also paved 800 feet of the entry road into the site to mitigate dust. D. Utilities: 1. Public Works: a. Location of sewer: NA b. Location of water: NA c. Issues or concerns: None E. Physical Features: 1. 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. 3. 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. Single-family residential homes are planned to be constructed on this site in the future. 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): Southridge Subdivision Gravel Mining MCU-12-003 PAGE 3 • Chapter V, Goal I, Objective A, Action 4 (pg. 39) -Protect and enhance air quality and minimize health hazards associated with air pollution. The extraction areas are required to be watered daily to reduce air pollution from dust. 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 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-2 lists 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 11-3B): NA E. Off-Street Parking: NA IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: CONDITIONAL USE PERMIT MODIFICATION (MCU): The applicant requests approval to modify the existing conditional use permit (CUP) to allow an additional 18 month period of time for the construction sand and gravel mining use to operate on the site. The applicant originally requested a time period of three (3) years in which to complete the grading and removal of material necessary to prepare the site for the approved residential development and comply with the approved reclamation plan. Because of the proximity of residential properties in relation to the project site and impacts from the proposed use, the Commission approved a lesser period of 18 months with the understanding that if a greater amount of time is needed, a modification to the conditional use permit would be necessary. The applicant's narrative states that since the original approval, a berm has been constructed along portions of the southern boundary that is now vegetated, which has helped to reduce noise and dust impacts from the site. Stockpiles and crushing equipment have also been placed at the bottom of the excavated area to reduce noise. Eight hundred feet of the access road into the site has been paved to reduce dust. Materials from the site have been used in 24 public and private projects in Meridian. Staff has only received two complaint calls from neighbors during the last 18 months. One pertained to dust and another to backup beepers used on construction vehicles within the site. The applicant was notified of the dust issue and took care of it right away. Because the backup beepers are safety devices required by OSHA, they were allowed to continue being used. The applicant states that two other neighbors contacted them directly with requests which they responded promptly to and resolved. Southridge Subdivision Gravel Mining MCU-12-003 PAGE 4 The remaining work on the site consists of excavation and grading on the southwest portion of the site in accord with the reclamation plan to ready the site for development of Southridge Subdivision. The applicant plans to complete the remaining work within the next 18 months. Due to the applicant's proven commitment to working with the neighbors on issues that arise due to the work on the site, staff recommends approval of extending the use for the period of time requested by the applicant subject to the terms of the original CUP as contained in Exhibit B. However, staff does recommend the time period allowed with the subject request not be extended in the future and that reclamation of the site be completed in full at the end of the allowed term. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Project Overview & Site Plan (dated: 12/3/10) 3. Grading Plans (dated: 12/3/10) 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 MCU-12-003 PAGE 5 Exhibit A.1: Vicinity Map ~.- ,..... r-~ - ,..... .. _. ... tom. ~,. ~~. m r .~~~~ ~'~~.+Ma ~:t~~1C~1t1011~ ~S~ P'@FTl'llt mow. ~w~~~~~~«~lhN~4~, Southridge Subdivision Gravel Mining MCU-12-003 PAGE 6 a Exhibit A.2: Project Overview & Site Plan (dated: 12/3/10) ~~~i/ Nd~AM --~.J NMaPM `~ ..a/ ~ i PfC~Ci ~WNIIW rtrxua sac r•m '~-~ ` NolaPart \ ~ ~\ ~ ~ ."" ~ l ~ I . ~-- ~! ~~ 1 ~ o.g,K / w /~ ~ ~:.:•`,~ :. .. aia s Pan 3~ ~~ ~~ ~~~... -~.-.._. Ci~.00 Southridge Subdivision Gravel Mining MCU-12-003 PAGE 7 Exhibit A.3: Grading Plans (dated: 12/3/10) __ _ _ _ _ ~ pp _ " p .. - ~ _- ~ ddP ttttt ~.••-,,. • ~. !! {~-~~ ~ - ~ ~ ~ J' 1~ „. ~~,~~_ J Ho1~Pp7 ~~ ..'~L ~ ~~~Zi ~y ,, .. rr ~,, ail 4~,~vQ'P~ \ e.~X;~` +v ..M ~~ ~r~.;}`~\\~~ ~\~~~ \\\ ~?\\,l` till ~;~~ ~It~ 1 ,I ',`~` ~ /' \~ ~ ~ _ i/ 14`1.1 ~ th~~,<\o~~~~~~ 1 ~ '1 . ~ - _ ,< ti - ~. { .,~' ~ ~ ,,. v ~ ~-~ , ~ ~r ,,' ~ ~ ~ ii-- .~ ~~~ Mfr `..______ ~ / /fff i1yy I_.. __ 1 I Fl r .-~ ~- -}i £ ` ~' 7~1 ~\\, -~ l~S~~ ,r, ~~ \~' ..,} 5~~ ~'~l tl~'~i ~g I~ 1~`'~ ~. f - ~ ~a..~,,<~ ~~ _ . ..-- ~.~= ,.~., _. r ~ -MM~P,,, -..... ._ •.., _ f , _._.r ~ , -_ ~.. ~ ,arr, ~ t; ~ _ -~ ,„ ~ .~ ~_ ~r ~ „\" ,, ^ L~ ~7 " ' c-- ~. y i .1i ~ ~ A ~- ~ ~ ' t I I .~'~ / ~ --- \ , f" r ~ /~~.~ ~" . ,. " -• ' ,~~. \,~, ~~ ~ ~ . f 4 ~, . V ~_,, { ....... . i r r M~ r +~.,~, ~ \ ,~}~\,' ~ k~ ~~t t t ~~, ~~V`'~`1, ~ y~; ,, ~~\.~i -.-~:.tr 1r~r~ ~ ~ ~! J_! ~" ~~ ~~ 1 r,r Eawm Arsa Ciadlnn ~. M ~ ' ;,,~ Ma. r«, ~ ` ~ ~ _ _.-- .__ __ __-- ~, C1.02 Southridge Subdivision Gravel Mining MCU-12-003 PAGE 8 ~~ /lace ease" c v C1.11 Southridge Subdivision Gravel Mining MCU-12-003 PAGE 9 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 letter from 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 maintain the bond (#09036838 & 09036842) with Fidelity and Deposit Company of Maryland for the cost of completing the reclamation of the site 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 MCU-12-003 PAGE 10 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. 1.1.16 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. 1.1.17 Topsoil containing organic matter favorable for plan growth shall be salvaged for replacement at the end of the project. 1.1.18 The existing use shall be allowed to continue for a maximum additional period of 18 months from the date of approval of the findings; no further extensions shall be allowed. At the end of this period, the site shall be graded as shown on the reclamation plan attached in Exhibit A.3. 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. 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-6F1 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. Southridge Subdivision Gravel Mining MCU-12-003 PAGE 11 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 7.1 The applicant shall pave the driveway located approximately 975 feet east of the Overland Road/Ten Mile Road intersection its full width at least 30 feet into the site beyond the edge of pavement. 7.2 The applicant is required to provide a stabilized construction entrance for trucks entering and exiting the site. Southridge Subdivision Gravel Mining MCU-12-003 PAGE 12 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. The mass grading and excavation of material on this site has provided material for 24 projects within the City of Meridian. Because of the site's proximity to regional transportation infrastructure and projects, 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. 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 MCU-12-003 PAGE 13 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 continue in this location with the approval of the extension of the use 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 continued 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 continued use that should be brought to the Commission's attention. Staff finds that the continued 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 existing use to an additional 18 months and address the intensity of the 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 included conditions of approval with the original CUP 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, which the applicant has done.