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Letter of Intent by Applicant 4/9/10BORTON & LAKEY ^~ LAWAND POLICY ^~ 141 E Carlton Ave, Meridian, Idaho 83642 908-4415 (office) 493-4610 (fad April 9, 2014 City of Meridian Community Development Services Department 33 East Broadway Avenue Meridian, ID 83642 Re: Supplemental Letter of Intent Idaho Sand and Gravel Application for Amendment CUP-10-015 Dear Development Services Staff, On behalf of my client Idaho Sand and Gravel, I would like to provide additional information in support of our application to amend the previously approved Conditional Use Permit (CUP) to extend the time period for an additional 18 months to enable Idaho Sand to complete its mining and processing of material on the subject property. The preparation of this site for the residential use is a very large endeavor. The site is approximately 80 acres in size. Preparation of the site for its residential use involves reducing existing elevations by as much as 20 to 30 feet in various areas on the site. That is a massive amount of material and takes time and resources to accomplish. Idaho Sand and Gravel has been consistently clear that its estimates for the time involved to complete mining of the site and to prepare it for residential development were market driven. Idaho Sand's time estimates were close; the original estimate was for a period of three years. In the past three years they have mined approximately ninety percent of the material to allow them to complete the grading and reclamation of the property as needed for its ultimate use as a residential subdivision. Idaho Sand and Gravel's mining and crushing on the site requires a conditional use permit. The grading, removal of material and reclamation to prepare the property for the residential development do not. Idaho Sand could complete its remaining mining and crushing operations in significantly less time than the additiona118 months it is requesting. However, in making this request Idaho Sand is expressing its willingness to complete its mining and crushing activities and, though not required, complete the removal of material, grading and reclamation within those 18 months subject to the conditions imposed on them in the CUP. These are protections that the neighbors would not have if the CUP was not in place. Idaho Sand has proven itself as a responsible operator and that this temporary use can be reasonably compatible with the existing uses under the conditions placed on the operations while preparing the property for its future residential use. We are not proposing that any of the previously approved conditions be revised or deleted. Meridian Development Corporation April 9, 2014 Page 2 Completion of our operations on the site in compliance with the reclamation plan will put the property in the condition necessary for the development of the Southridge project. Our operations have been a benefit to the landowners as the property is prepared for the approved development. The property generally slopes down from the South to the North and Idaho Sand's work in reducing the elevations on the property provides protection for the views of neighbors to the South. It has been a benefit to the surrounding area. This is a temporary use and the site work is being conducted over a shorter period of time overall and under specific conditions than would otherwise not exist if this property was excavated and developed over time in accordance with the normal development of the property over many years. This site is on the southern edge of the City of Meridian city limits and the population density in the area is still relatively low. It makes much more sense to complete the large scale work on the site now because as the area develops around the Ten Mile Interchange the potential for conflict only increases. It has been a successful operation for Idaho Sand, other commercial businesses in Meridian and the tax paying public by providing needed material for projects in the area. Providing material from this site for projects in the area benefits the taxpayer and the private developer in reducing costs. The projects that benefit from this temporary operation have and will continue to provide a benefit to the Meridian economy. Over the past three years material from this site has been used in projects in the Meridian area and here are some examples: Public Work in Meridian Area • Meridian WWTP • ITD- SH55 Eagle Rd, Fairview Ave to SH-44 • ACHD Ustick Road and Ten Mile Road Intersection • ACHD-Main Street- Franklin Road to Cherry Lane • ITD/ACHD Franklin Cloverdale Intersection • ITD/ACHD Franklin Road Touchmark to Five Mile • Victory Road Sewer Connector Trunk Line • ACHD 2012 Interim Traffic Signals • ACHD Victory & Locust Grove • Ada County Weed & Pest Control • ITD Int, Star & Franklin Rd • St. AI's Health Plaza off Garrity • ACRD- Five Mile (Franklin to Fairview) • ACHD/ITD FY13 Overlays • Meridian IC • I-84 Meridian to Five Mile Private Work in Meridian Area • Meridian Town Center Site Work • Meridian Town Center Village Phase • Eagle and Fairview Off-Site Improvements PH-1 (STARS Program ACHD and ITD involvement) • Kingsbridge Subdivision • Solitude Subdivision • Peterson Dealership- Remodel • Larkspur Subdivision • Bridge Tower Subdivision • Subway Restaurant • Jimmy Johns • CBH Homes (Multiple Locations) • Easy Jet Park • Tallamor Dr • Landford Street • Fairview Plaza West Meridian Development Corporation April 9, 2014 Page 3 City of Meridian Water Tank (Locust Grove and Victory} City of Meridian WWTF improvement (2013) ITD SH-16, local Roadways (South Side of Project) • U.S. Bank Parking Lot • Wal-Mart- Overland • Meridian Wall-Mart • Kroman Estates • Bridge Tower Estates • Silver Trail Subdivisoin • Bramuda Subdivsion • Wal-Mart- Overland • Wal-Mart-Ten Mile • Maverick Store -Ten Mile and Ustick • Tradewinds Subdivsion Material from this Site will be used in the new Meridian Road Interchange whose groundbreaking is scheduled for April 15, 2014. Use of material from this location reduces the cost to the taxpayers due its close proximity corresponding reduced trucking costs. Use of material from this site also reduces the overall impacts on the citizens of Meridian and the transportation system as a whole because of its close proximity to the new Meridian Interchange. Our desire is to continue what has been a net positive benefit to the City of Meridian and its businesses and citizens. We have the support of a number of our neighbors who live in the closest proximity to the subject property and are the most impacted by our operations. Idaho Sand has received less than six calls from neighbors during the past three years they that have been operating. They have promptly responded to those calls and answered or addressed the neighbor's questions or concerns. Idaho Sand is a very responsible operator. We have demonstrated that the approval of this temporary project has been a beneficial decision and that we are good and compatible interim neighbors. At our last hearing in 2012, the Planning and Zoning Commission recognized that Idaho Sand has been a responsible operator and specifically recognized that Idaho Sand could apply for additional time if needed. The very recent concerns of some individuals are an effort to oppose this application and have not been expressed to Idaho Sand during their time conducting operations on the property. We recognize that crushing has noise and dust impacts. However, the crusher is designed to take out any finer particulate matter. It takes an abnormal and very strong wind to blow sand of the current piles of material. Once those piles remain in place for a period of time they develop a crust on their exterior which substantially limits the sand that will come off of them even in higher winds. Meridian Development Corporation April 9, 2014 Page 4 Some of the recent concerns from certain neighbors seem to be based in misunderstanding and misinformation about what is happening on the property, the purpose of the activities on the property, what is required to have a CUP and what reclamation entails. Idaho Sand conducted two neighborhood meetings in an effort to listen to and address concerns from neighbors in opposition. There were approximately ten neighbors that came to the first meeting and eight at the second meeting. We had neighbors in favor and neighbors in opposition at the meetings. We have listened to the most recent concerns that have been expressed. We attempted to clarify the nature of our requirements and operations, explain what reclamation entails and address any concerns. We have adjusted and enhanced the design of our activities on the property to address impacts on our neighbors. The entrance to the site has a cobbled access that avoids track out on to Overland Road. Most of the haul road from the pile of material to the ingress/egress point has been paved by Idaho Sand. The haul roads are watered regularly. The current internal haul road configuration takes the trucks around the southern edge of the area being mined which put them in closer proximity to some of the homes to the South. Again most of those neighbors remain in support of this application. With the completion of this most recent mining and crushing period and acting upon a suggestion from a neighbor, Idaho Sand will be realigning that section of the haul road to take it further away from the southern portion of the property. Based on an additional request from a neighbor, Idaho Sand will be removing and loading material from the north side of the piles to further help reduce any dust that may arise when the truck is loaded and dampen the sound from the loader. We included vegetated berming along portions of the southern boundary. These berms have helped reduce noise and dust impacts. The placement of the stockpiles and location of the crushing equipment on site (when operational) to the bottom of the excavated area has also reduced the noise impacts. This crushing equipment would only be on the property during a very limited portion of the year. As far as noise impacts, the crushing operation is the most noticeable activity occurring on the property. We have done area visits when crushing operations are underway. We have taken city staff on tours of the site and the surrounding area when crushing is taking place. We have found that the crushing operations and operation of equipment during those operations is only slightly audible and requires effort to hear. The ambient noise, including human activity, wildlife and traffic from the freeway and Overland Road are significantly louder and much more noticeable than the sound of the crushing operations. Our adjacent neighbors have confirmed this and we have conducted a sound study that also confirmed this. When Idaho Sand is not crushing the noise levels drop to a large degree because there is only a front end loader operating on the property to load trucks. If that loading is moved to the North side of the piles of material that sound would be reduced substantially. The trucks themselves travel in a forward direction when being loaded. Noise impacts have been minimized and will continue to be mitigated. Gravel is found where Mother Nature puts it. Gravel mining and crushing activities have been occurring in this area for more than 60 years. There have been no documented health problems or risks to the general public that we are aware of. One neighbor expressed concern over silica. Silica is essentially quartz or similar common minerals. The mineral itself does not pose a health concern but it is the size of the airborne particulate matter, whether it is silica or some other mineral, that can be a potential health concern. In looking at the health risks, particulate matter in the form of typical fugitive dust does not pose a significant general health risk. Very small particulate matter {PM10) can pose a Meridian Development Corporation April 9, 2014 Page 5 health risk if one is exposed to sufficient quantities over necessary lengths of time. That type of particulate matter typically comes from rock blasting or drilling not from breaking the rocks into large pieces. No health risks have been documented to our knowledge in the area or for our operation. Idaho Sand complies and will continue to comply with applicable OSHA, MSHA and DEQ regulations and requirements. Our previous applications were supported by staff, the Commission and City Council and found to be in compliance with the City Code and Comprehensive Plan. Specifically, at our first conditional use permit hearing the Commission found that our proposal complied with the requirements to obtain a Conditional Use Permit as follows: 1. 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 site is large enough to accommodate the proposed use and dimensional development regulations of the R-2, R-4 and R-8 zoning districts. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The proposed use will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Title. The proposed use will ultimately prepare the site for future residential development, which is harmonious with the comprehensive plan. 3. 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 used in the construction of the Ten Mite Overpass. Because of the site's proximity to regional transportation infrastructure, the Commission finds the proposed use is compatible with neighboring uses. 4. That the proposed use, if it complies with ail conditions of the approval imposed, will not adversely affect othergropertv 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. 5. That the proposed use will be served adeauately 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 that 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. Meridian Development Corporation April 9, 2014 Page 6 6. 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. 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. 7. That the proposed use will not involve activities or processes materials equipment and conditions of operation that will be detrimental to anv persons, property or the general welfare by reason of excessive production of traffic, noise, smoke. fumes, Blare or odors. The Commission recognizes that the construction traffic will increase with the approval of the proposed use in this location; however, the Commission does not believe that the amount of 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, dust, 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. 8. 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 finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 9. That the duration and intensity of the proposed use 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. 10. 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. At our most recent hearing in 2012, the Commission found as follows: 1. 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 Meridian Development Corporation April 9, 2014 Page 7 Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R2, R4 and R8 zoning districts. 2. 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. 3. 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 proximity to regional transportation infrastructure and projects the Commission finds the proposed use is compatible with neighboring uses. 4. That the proposed use. if it complies with all conditions of the approval imposed. will not adversely affect other propertv 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. 5. 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. 6. 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. 7. That the proposed use will not involve activities or processes materials equipment and conditions of operation that will be detrimental to any persons. propertv 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 Meridian Development Corporation April 9, 2014 Page 8 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. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of maior 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. 9. That the duration and intensity of the proposed minine 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. 10. That the environmental impacts of the proposed minine 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. Nothing has changed for the worse or intensified as far as Idaho Sand and Gravel's operations on the property. The previous analysis and findings of the City still apply. In fact, this application by Idaho Sand reduces the scope of its activities from the previous requests. The period of crushing, if granted, is only 60 days. There is approximately only ten percent of the material left to be removed. The mining and crushing of that small remaining percentage of material will involve a limited portion of the total 18 months of the requested extension. Idaho Sand would like the opportunity to finish crushing the remaining material but is willing to forgo crushing if that is the desire of the City. If crushing is not approved then the most impactful aspect of the operation is removed altogether. This application is not requesting a change in any of the conditions other than the ability to operate for the additional 18 months. Idaho Sand recognizes and agrees that there will be no further time extensions granted under the CUP. The facts have not otherwise changed and the comprehensive plan and UDC supports this application. This application merits even stronger support because of its limited scope and the fact that the final grading, removal of material and reclamation will be conducted under the conditions of the CUP. Idaho Sand has a proven track record that the conditions imposed combined with Idaho Sand's responsible and respectful operations as a company on this site show that the operation is conducted reasonably and responsibly and does not cause significant harm to the public or the area. The applicant's use of the property has provided a benefit to the site in preparing it for its future residential use under conditions imposed by the City. It benefits the community in providing Meridian Development Corporation Apri19, 2014 Page 9 material at a lower cost for public and private construction projects in the City of Meridian and the surrounding area such as the Meridian Interchange. Based on our compliance with the City Code and Comprehensive Plan we respectfully request approval of this application. Please do not hesitate to contact me if you have any questions. Sincerely, ,/-~ Todd M. Lakey