Southridge Subdivision Gravel Mining MCU-12-003CITY OF MERIDIAN E IDIAN~-~-
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H O
DECISION & ORDER
In the Matter of the Request for a Modification to the Conditional Use Permit for Southridge
Subdivision Gravel Mining, Located South of W. Overland Road and West of S. Ten Mile Road in
the R-2, R-4, and R-8 Zoning Districts, by Ryan Russell, Idaho Sand & Gravel.
Case No(s). MCU-12-003
For the Planning & Zoning Commission Hearing Date of: September 20, 2012 (Findings on October
2, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 20, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 20, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 20,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 20, 2012, 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-I2-003
Page 1
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 September 20, 2012, 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:
The applicant's request for conditional use permit modification is hereby conditionally
approved per the conditions of approval in the attached staff report for the hearing date of
September 20, 2012, 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 may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a 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 may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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 September 20, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-12-003
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the
~`~U-'~ ~/° , 2012.
COMMISSIONER SCOTT FREEMAN, CHAIltMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
-/ ~ day of
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
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ity Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-12-003
Page 3
EXHIBIT A
STAFF REPORT Hearing Date: September 20, 2012
(Continued from September 6, 2012) 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.
The Meridian Planning and Zoning Commission heard this item on September 20, 2012. At the
public hearing, the Commission moved to approve the subiect MCU request.
a. Summary of Commission Public Hearing:
i. In favor: Todd Lakev; Steve Prisbos
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Todd Lakev (response to the staff report)
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. Whether or not to allow the option for further extensions on the use in the
future.
c. Kev Commission Changes to Staff Recommendation:
i. Modify condition #1.1.2 as recommended by staff and approved with the
original CUP (see Exhibit B).
ii. Modify condition #1.1.18 to remove the language that doesn't allow further
extensions on the use (see Exhibit B).
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.) Ifurther 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.
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 1
EXHIBIT A
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.)
lV. 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: 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:
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 2
EXHIBIT A
• 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 Apri127, 2011.
A request for City Council review (AP-11-001) ofthe 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.
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:
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,
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 3
EXHIBIT A
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):
• 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.
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 4
EXHIBIT A
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.
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
Exhibit A.1: Vicinity Map
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Southridge Subdivision Gravel Mining MCU-12-003 PAGE 6
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Southridge Subdivision Gravel Mining MCU-12-003 PAGE 7
EXHIBIT A
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Southridge Subdivision Gravel Mining MCU-12-003 PAGE 8
EXHIBIT A
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Southridge Subdivision Gravel Mining MCU-12-003 PAGE 9
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 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 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.
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 10
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 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
(until Apri14, 2014) from the date of approval of the findings (October 4, 2012y~e~
. At the end of this period, the site shall be graded as shown on
the reclamation plan attached in Exhibit A.3. or a modification to the conditional use
permit shall be requested to extend the 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
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.
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 11
EXHIBIT A
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.
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 12
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.
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, 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.
Southridge Subdivision Gravel Mining MCU-12-003 PAGE 13
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 continue in this location with the
approval of the extension of the use 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 continued 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 continued use. The Commission 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.
The Commission 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.
The Commission 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.