HomeMy WebLinkAboutLetter from Todd Lakey 6/16/14BORTON & LAKEY
—LAWAND POLICY -
141 E Carlton Ave, Meridian, Idaho 83642
908-4415 (office) 493-4610 (fax)
June 16, 2014
Justin Lucas
Planning Supervisor
Community Development Services Department
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
Re: Appeal of Planning and Zoning Commission Decision in MCU 14-001
Dear Mr. Lucas,
On behalf of my client Idaho Sand and Gravel, I would like to provide some additional
specific comments regarding our appeal of the planning and zoning commission's decision
regarding our application for a modification of the conditional use permit in case MCU 14-001.
Idaho Sand will complete the removal its stockpiled material from the site within the six months
noted in CUP. They will also complete what some would call their commercial operations when
the stockpiles are removed. No further material will be sold or taken from the site for Idaho
Sand and Gravel projects in the area following the expiration of the six month period. A portion
of the stockpiled material may be retained by the property owner for its use on the property.
In our meeting with staff we discussed distinguishing between reclamation of the
former mining operations and grading of the site to satisfy the property owner's desires and
requirements for future development. Reclamation of the property involves meeting the
requirements of the Idaho Department of Lands (IDL) and the corresponding bonds that are in
place for completion of the reclamation of the excavated areas on the site. The reclamation
work entails making sure the slopes of the mined areas meet their requirements and are
seeded for re -vegetation in accordance with the reclamation plan and the IDL requirements. As
part of meeting the reclamation requirements the side slopes of the excavated areas will be
graded and finished to a 3 to 1 slope and seeded with native grass species. Idaho Sand will
complete the reclamation of the site as required by the Idaho Department of Lands and in
compliance with the bonds in place with the IDL and the City within the six month period of the
Meridian Development Corporation
June 16, 2014
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CUP. Reclamation would be completed prior to and regardless of the landowner's desired
grading of the site.
Grading of the site for development is different than the reclamation required of the
site following completion of the gravel mining operations. Grading of any property, including
this property, does not require a conditional use permit under City Code. A land owner may
grade their property when and how they feel best suits their future plans. Although a CUP is
not required, Idaho Sand is willing to complete the grading of the site desired by the land owner
within the conditions and requirements of the CUP; however such an approach would require
that the time for period for the CUP would need to be extended only as it relates to the
completion of the grading of site.
Our concerns regarding the dust control measures and use of magnesium chloride on
the stockpiles was addressed in our initial appeal letter. Use of the chemical magnesium
chloride will render the material useless for most of Idaho Sand's projects and cause extensive
harm to Idaho Sand. The relocation of the scale and small shed/scale house achieves no
significant benefit visually or otherwise. The scale house is very small — it is essentially a shed
which contains the computer associated with the scales. The scales are simply located in the
internal haul road the trucks travel over. The scales sit even with the surface of the haul road
and are located where the temporary power is stubbed to the site. The scales are installed on a
foundation and would entail significant expense to relocate. The loading of the material does
not occur at the scales but on the north side of the stockpile as required. The loading of the
material on the north side of the stockpile does provide some screening and buffering benefit
to those homes located south of the subject property. Therefore we would request deleting
the portion of the condition requiring that the scales and small scale house be moved.
Idaho Sand would propose that certain conditions imposed in the Planning and Zoning
Commission's decision be modified as follows:
Condition 1.1.3 be modified to add the following sentence at the end of the
condition: "Any grading beyond the reclamation of the site required by Idaho Department of
Lands will be completed by the Applicant no later than June 1, 2015."
2. Condition 1.1.5 be modified to read "The stockpiles shall be watered using the
water truck and sprayer as needed to control dust. } eat d with Fnagnesium ""'^F`de (eF ^+�'"'
as-neees5ar-y.
Condition 1.1.6. be modified as follows: "Theseale and scale heuse�^ff'"" s"""
be Fele . ted to the naFth side e f the st9eI(piler&ti -. f Material shall be loaded and hauled from
r ��
Meridian Development Corporation
June 16, 2014
Page 3
the north side of the stockpile(s) leaving the southernmost stockpile(s) as a buffer against noise
and dust until last."
Please contact me if you have any questions.
Sincerely,
Todd M. Lake