Southridge Subdivision Gravel Mining CUP-10-015CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit 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, Located South of W. Overland Road, Southwest of the Ridenbaugh Canal,
and East of S. Ten Mile Road, by Ryan Russell, Idaho Sand and Gravel.
Case No(s). CUP-10-015
For the Planning & Zoning Commission Hearing Date of: January 20, 2011 (Findings on
February 3, 2011)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of January 20, 2011,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 20, 2011,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
20, 2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 20, 2011, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-015
Page 1
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for
the hearing date of January 20, 2011, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's request for conditional use permit is hereby conditionally approved per
the conditions of approval in the attached staff report for the hearing date of January 20,
2011, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of two (2) years unless otherwise approved by the City in accord with
UDC 11-SB-6F.1. During this time, the applicant shall commence the use as permitted
in accord with the conditions of approval, satisfy the requirements set forth in the
conditions of approval, and acquire building permits and commence construction of
permanent footings or structures on or in the ground. For conditional use permits that
also require platting, the final plat must be signed by the City Engineer within this two
(2) year period in accord with UDC 11-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in
accord with 11-SB-6.F.1, the Director may authorize a single extension of the time to
commence the use not to exceed one (1) two (2) year period. Additional time
extensions up to two (2) years as determined and approved by the Commission maybe
granted. With all extensions, the Director or Commission may require the conditional
use comply with the current provisions of Meridian City Code Title 11.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-015
Page 2
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff report for the hearing date of January 20, 2011.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-015
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the ~
day of 2011.
COMMISSIONER SCOTT FREEMAN VOTED
(Chairman)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED f~~~^
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Copy served upon Applicant,
Public Works Department and City
Attorney.
By: ~ ~'~~c1/-~,~(_~ Dated: ~ - ~ ~~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-015
Page 4
EXHIBIT A
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.
The Meridian Planning and Zoning Commission heard this item on January 20, 2011. At the
public hearing, they moved to approve CUP-10-015.
a. Summary of Commission Public Hearing:
i. In favor: Jason Densmer; Scott Nichols
ii. In opposition: Donald Smith; Dan Wilson
iii. Commenting: None
iv. Written testimony: Scott Nichols; Jason Densmer
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Pete Friedman
b. Kev Issues of Discussion by Commission:
i. Parameters for work proposed on the site between the hours of 8 am and 5 pm
and during extended hours;
ii. Noise & dust generated from the proposed use and effects on the neighbors;
iii. Concern regarding the degree of the slope along the southern boundary of the
site and vegetation and maintenance thereof;
iv. Term of permit and extended hours of operation;
c. Kev Commission Changes to Staff Recommendation:
i. Extended hours of operation for solely for the removal of material from the site
are approved between the hours of 6 am and 6 pm Monday thru Friday; all
other operations shall occur between the hours of 8 am and 5 pm Monday thru
Friday,
ii. Modify condition #1.1.3 to allow a bond to be submitted as an alternative form
of surety for reclamation of the site.
iii. 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.
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.
Southridge Subdivision Gravel Mining CUP-10-015 PAGE 1
EXHIBIT A
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 findings 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
#51223244502 & 51223131350), 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
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
Southridge Subdivision Gravel Mining CUP-10-O15 PAGE 2
EXHIBIT A
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
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.
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."
Southridge Subdivision Gravel Mining CUP-10-015 PAGE 3
EXHIBIT A
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
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 11-3B): 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
Southridge Subdivision Gravel Mining CUP-10-015 PAGE 4
EXHIBIT A
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.
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.
Southridge Subdivision Gravel Mining CUP-10-015 PAGE 5
EXHIBIT A
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.
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
Exhibit A.1: Vicinity Map
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Southridge Subdivision Gravel Mining CUP-10-015 PAGE 7
EXHIBIT A
Exhibit A.2: Project Overview & Site Plan (dated: 12/3/10)
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Southridge Subdivision Gravel Mining CUP-10-015 PAGE 8
EXHIBIT A
Exhibit A.3: Grading Plans (dated: 12/3/10)
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Southridge Subdivision Gravel Mining CUP-10-015 PAGE 9
EXHIBIT A
Southridge Subdivision Gravel Mining CUP-10-015 PAGE 10
EXHIBIT A
4. Letter from Gordon Hamilton, Northwest Pipeline
wronu Fi~r~hon, Garden 1M [tnel~occ~tannJ+l.FgnO!W~IG~.co~n1
Smst hN'a~taadsy!, Daosrnhiar 24, 2010 2:17 P9N
~t .>won C~srrrrrar
Tleel», ~9 ~ ~. Dbf~ C; psltdsraan, Saco C
8u6lec~s Ri:: Southridpa - CUR ~ lior ip~ iodtactbn
JascN~,
on the drswt~ that you oonvayad to ma o! south ~ S~,l~dlrlsion and ~ the aces mat
your dtint inter to mina torgrsvni. Narthwast Plpelirxe has na c6jectian Do the proposed and use.
FUndMtr. it it our und~nnding that era tnraterlal wrH be renraMed from our plpairna asamaM and that
f9nhhad alnpe rtt>n car easement wif not extaad 3~3"1413;1y. K ~ a~c-our that
your diem wlN not 6e crossing cur pq~nas of pipains s~ssammt whh any heir eq~dpmant during the
minMag cf the property.
If you boos any qus>alons on the atravs sbtement, please give me a ®g.
5irce-xl-r.
Gordon M hirmilton
Olt'triQ Mar-ayiar-tbrthwast RipeALne GP
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Mrrmo .~saon t7rnsrnar
liwattl7 MIS t?s0llnbar ~, 201t112:G3 Pf~l
T+se t~ordon Nart~aa ~~C;or~dor~lLl'101MNIIenl9,cplrtj
Soutlridpa ' CLIP AppiGrgat liar 4~'l ttitraCktDe-
Gordon:
1'llanit you tm your time #his mrrrntng the [c+rrdklonai lie P~armlt appga~on dttt has hsan
Ctbrflitted for the Soudartlge pr'cperty, ~ itn at~hNrlg th~a grading pints for the W01'ii~ attd i narrsMre
fetter ihet was ~ wlkh this appikatian.
As I asentioned, the gradi~ wig cixwr m the of the. pipeline. Ths dasin of the gradlnd nMhwrir~
exb'tht~ ekratlans withM thK Whams easanant. This is meat-rrrdfiy saw on the Croaf 5seoian A On sltaat
tx.x~ - when ohs aasrtmarrt h shoran.
For the beiacnt caf ti,e City, waratd you please -~M m this e-mag with ehhuer your t~prnvat of the p~rrred wort,
ar thtrt wig need 1v be ~aampNed whh during uctlon?
ahr tirMk i+~ tar your assi:tanoe. Dors+t baskets to in ms know IF ya~u have snhr ~quastfona.
b
Southridge Subdivision Gravel Mining CUP-10-015 PAGE 11
EXHIBIT A
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 non-holiday 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 Commission approved
extended hours of operation solely for the removal of material from the site on non-holiday
weekdays (Monday thru Friday) between the hours of 6 am and 6 pm; ALL other
operations shall occur between the hours of 8 am and 5 pm on non-holiday weekdays
(Monday thru Friday).
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, bond, 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.
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EXHIBIT A
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)
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 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 (until August 3, 2012) from the
date of approval of the findings (February 3, 2011). All reclamation of the site shall be
completed prior to the end of the approved term of use.
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
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EXHIBIT A
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-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
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.
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EXHIBIT A
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.
The Commission 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.
The Commission 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,
the Commission 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.
The Commission 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.
The Commission 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. The
Commission 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.
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EXHIBIT A
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.
The Commission recognizes that construction traffic will increase with the approval of the
proposed use in this location; however, the Commission 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, the Commission does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The
Commission 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.
The Commission 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. The
Commission fmds 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.
The Commission finds the conditions of approval contained in Exhibit B of this report limit
the term of the proposed use to 18 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.
The Commission 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.