Southridge Gravel Mining MCU-14-001CITY OF MERIDIAN E IDIAN�-
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND l Q A HO
DECISION & ORDER
In the Matter of the Request for a Modification to the Conditional Use Permit for Southridge
Gravel Mining, Located South of W. Overland Road, East of S. Ten Mile Road and Southwest of
the Ridenbaugh Canal in the R-2, R-4 and R-8 Zoning Districts, by Idaho Sand and Gravel.
Case No(s). MCU -14-001
For the Planning & Zoning Commission Hearing Date of. April 17, 2014 (Findings on May 1, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2014, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 17, 2014, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2014,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 17, 2014, 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 § 11-5A.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU -14-001
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of April 17, 2014, 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-
5A 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 a modification to the conditional use permit is hereby approved in
accord with the conditions of approval in the attached staff report for the hearing date of April
17, 2014, 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 11-513-617.1.
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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-61.1, 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 April 17, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU -14-001
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the
2014.
COMMISSIONER JOE MARSHALL, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER SCOTT FREEMAN
COMMISSIONER MACY MILLER
COMMISSIONER PATRICK OLIVER
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Attest:
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: ADated:
dty Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU -14-001
Page 3
EXHIBIT A
STAFF REPORT
HEARING DATE: April 17, 2014 E IDIAN
t--
TO: Planning & Zoning Commission
IDAHO
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: MCU -14-001 — Southridge Gravel Mining
L 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 an 18
month extended period of time, 60 days of which to mine and crush additional material, to remove the
processed material from the site and reclaim the site.
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 April 17, 2014. At the
public hearing, the Commission moved to approve the subiect MCU request with conditions.
a. Summary of Commission Public Hearing:
i. In favor: Todd Lakev. Applicant's Representative: Rvan Russell: Steve Prvzbos; Scott
Nichols;
ii. In opposition: None
iii. Commenting: Patrick Clark; Robert Marsland; Keith Ebeling; Wyatt Johnson
(speaking for large group); Jerry Ross; Maureen Brewer; Tony Martarano; Robert
Schoelkoph; Peg Hickey; Susan Carlson.
iv. Written testimony: Larry & Carolyn Van Hees; Scott & Jennifer Nichols, Joe & Patsy
Kendall; Glen Hickey, Jerry Ross, Maureen & Ryan Brewer, Peg Hickey; John & Tina
Fitzgerald; Robert & Susan Carlson; Dick & Susan Bagley; Rick & Nancy Brecks;
Keith & Dianne Ebeling; Naomi Elton; Robert & Nadine Marsland; Tony Martarano;
Lisa Martarano; Bob & Jana Schoelkoph; Lance & Lynne Reiber; Gary & Sylvia
Liddell; Jeff & Jenny Mendiola; Bill & Phyllis Weiss; Dan & Tempra Wilson; Wyatt
Johnson: Gordon Hamilton. Williams Pipeline: Jim Montgomerv: petition
V. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
L Impact of use on adiacent residential neighborhood
ii. Duration of use
c. Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MCU -14-
001 as presented in the staff report for the hearing date of April 17, 2014, with the following
modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
Southridge Gravel Mining MCU -14-001 PAGE 1
EXHIBIT A
on May 1, 2014.
Denial
After considering all staff, applicant and public testimony, I move to deny MCU -14-001 as presented
during the hearing on April 17, 2014, 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 May 1, 2014.
Continuance
I move to continue File Number MCU -14-001 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
FLW.V1J77114F11I 1000. 1177Z17W 3114 Ma V.T"l
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 (Parcel No.'s S1223244502 & S1223131350), 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 Street
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 modification to the existing 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: March 31, and April 14, 2014
C. Radius notices mailed to properties within 1,000 feet on: March 27, 2014
D. Applicant posted notice on site by: April 8, 2014
VI. LAND USE
A. Existing Land Use(s) and Zoning: Commercial sand and gravel mining and crushing has been
operating on this property up until April 4, 2014. Since that time, the applicant has been hauling
processed material from the site. The property is zoned R-2, R-4 and R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
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 RI
Southridge Gravel Mining MCU -14-001 PAGE 2
EXHIBIT A
respectively, in Ada County
East: Vacant land, zoned R-4 & R-8
West: Rural residential properties, zoned RUT in Ada County; S. Ten Mile Road and vacant land
in the development process, zoned R-8
C. History of Previous Actions & Background Information:
• 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 a final plat was
approved by the Director on February 20, 2009, which extended the preliminary plat until
April 6, 2010.
A second time extension (TE -10-018) to obtain the City Engineer's signature on a final plat
was approved by City Council on September 7, 2010, which extended the preliminary plat
until February 6, 2012. The first final plat received City Engineer signature on December 22,
2011. In order for the preliminary plat to remain valid, the second phase final plat was
required to be signed by the City Engineer within 2 years. The second phase final plat nor a
time extension was submitted; therefore, the preliminary plat expired on December 22, 2013.
• A conditional use permit (CUP -10-015) was approved on February 3, 2011 for construction
sand and gravel mining and crushing of material on approximately 76 acres of land in the R-
2, R-4, and R-8 zoning districts. The purpose of the use was to conduct mass grading of the
property to achieve a gentler overall landform to facilitate the planned residential subdivision.
The use was approved for 18 months and expired on August 3, 2012.
The applicant originally requested a time period of three (3) years in which to complete the
grading, crushing and removal of material necessary to prepare the site for the approved
residential development and reclaim the site. 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 a modification to the CUP
could be requested to extend the time if needed.
• A modification to the conditional use permit (MCU -11-001) was requested by the applicant
to allow the use of backup warning signals on construction vehicles within the site. The
Director denied the applicant's request on April 27, 2011.
A request for City Council review (AP -11-001) of the Director's decision was approved by
City Council on June 7, 2011 that granted approval to use audible backup warning signals on
construction vehicles within the site with the stipulation that the devices be turned to the
lowest level allowed by OSHA. Additionally, the applicant was required to make reasonable
efforts to reduce noise impacts on surrounding residents by providing a buffer of solid
material (e.g. earthen berm) between the residences and the operation and/or orienting
operations in such a way as to deflect noise away from the residences.
On July 23, 2012, a request for a modification to the CUP (MCU -12-003) was submitted for
an 18 month time extension of the sand and gravel mining and crushing use. Because no one
testified at the public hearing or submitted written testimony in opposition, the Commission
approved the request to allow the operation to continue for an additional 18 months until
April 4, 2014. At such time, the site was required to be graded per the reclamation plan; or, a
modification to the CUP was allowed to be requested to extend the use. No one filed a
request for City Council review of the Commission's decision.
Southridge Gravel Mining MCU -14-001 PAGE 3
EXHIBIT A
During the three years of the mining and crushing operation on this site, the City has received a
few complaints from adjacent neighbors pertaining mostly to dust and noise resulting from the
operation. To address these concerns, the applicant has paved the main haul road (800+1 -feet)
into and out of the site and has a water truck that they state regularly circles the site to control
the dust; vegetated berms have been constructed along portions of the southern boundary of the
site; a paper mulch product has been applied over much of the site to the surface of exposed dirt
areas in an attempt to prevent dust; the volume of the back-up beepers on construction equipment
has been turned down to the lowest level allowed by OSHA; and the applicant has oriented
crushing and loading operations so that the stockpile of material serves as a barrier between
those operations and the neighbors to deflect noise and dust from the site.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: The Ridenbaugh Canal runs along the northeast boundary of the
site.
2. Hazards: The Williams Pipeline crosses the western portion of this site.
3. Flood Plain: This property is not within a flood plain or flood way.
F. Access: Access for this site is depicted on the site plan in Exhibit A.2 via an existing curb cut
to/from W. Overland Road.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This site is designated "Low Density Residential (LDR)," "Medium Density Residential (MDR)," and
"Civic" on the Comprehensive Plan Future Land Use Map with the majority of the site being
designated MDR.
Per the Comprehensive Plan (page 99), LDR designated areas, "allow for the development of single-
family homes on large lots where urban services are provided. Uses may include single-family homes
at densities of three dwelling units or less per acre." MDR designated areas, "allow smaller lots for
residential purposes within city limits. Uses may include single-family homes at densities of three to
eight dwelling units per acre." Civic areas, "are designated to preserve and protect existing and
planned, municipal, state, and federal lands for area residents and visitors. This category includes,
public lands, law enforcement facilities, post offices, fire stations, cemeteries, public utility sites
(excluding ACRD), 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 ultimately be constructed on this
site.
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.
Southridge Gravel Mining MCU -14-001 PAGE 4
EXHIBIT A
Staff finds the following Comprehensive Plan policy to be applicable to this property and apply to the
proposed use (staff analysis in italics):
• "Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas." (3.06.0 113)
The applicant is required to minimize air and noise pollution as much as possible by the
means specified in Exhibit B of this report.
• "Protect public health by reducing ozone, fine particulate matter and other greenhouse gases
and toxics in the air." (5.03.01)
The applicant is responsible to water the site and apply mulch to contain material on the site
as often as necessary to reduce the amount of fine particulate matter from traveling through
the air to adjacent residential properties.
"Require industrial development to conform to Federal and State air, water, and noise
pollution standards, and local landscaping, traffic, noise, and environment standards."
(3.06.01D)
The applicant is required to comply with all Federal and State standards applicable to the
proposed use.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
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 and is planned to ultimately develop with single-family
residences.
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; crushing of material is prohibited.
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 development of this site.
D. Landscaping Standards (UDC 11-313): NA
E. Off -Street Parking: NA
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CONDITIONAL USE PERMIT MODIFICATION (MCU)
Request: The applicant has submitted a request to modify the existing conditional use permit
(MCU -12-003) by extending the period of time in which they can operate the previously
approved use for an additional 18 months; 60 days of which would be used to extract/mine the
remaining approximate 10% of material from the ground and crush that material. Within this time
period, the existing 200,000+/- tons (or 110,000+/- cubic yards) of already processed material and
additional processed material proposed to be mined will be hauled off as the market demands and
the site will be reclaimed in accord with the approved grading and reclamation plan. The final
Southridge Gravel Mining MCU -14-001 PAGE 5
EXHIBIT A
grading of the site would be complete by the end of the 18 month period and the site would be
ready for residential development.
The 60 days requested to excavate/mine and crush the remaining material could commence upon
approval of the subject MCU or during the winter or spring months when the soil is damp so as to
create less dust. Either way, the 60 days would be consecutive once commenced.
The applicant further requests that if the City does not allow the crushing of material on the site
that they still be allowed to excavate/mine the remaining material from the ground and have it
crushed elsewhere off the site.
The applicant does not propose any other changes to the previous conditions of approval.
Staff has carefully reviewed the applicant's request and, based on the facts and analysis
described in more detail below, does not support several of the applicant's requested provisions.
Mining Defined: The previous and proposed use of the site is classified in Idaho State Code
(§47-1503) as a "surface mining operation" and is defined as follows, "the activities performed
on a surface mine in the extraction of minerals from the ground, including the excavating of pits,
removal of minerals, disposal of overburden, and the construction of haulage roads, exclusive of
exploration operations ... "
The UDC (11-1A-1) defines "construction sand and gravel mining" as follows, "The use of a site
for one or more of the following activities:
a) operating commercial grade (i.e. construction) sand and gravel pits;
b) dredging for commercial grade sand and gravel; and
c) washing, screening, or otherwise preparing commercial grade sand and gravel (excluding
crushing operations)."
For clarification and further definition of what operating a commercial grade sand and gravel
pit/surface mining operation includes, the following activities will also be addressed in this
report:
• extracting/digging/removing material from the ground with the intent to process said
material into a saleable product and/or;
• the existence of a portable scale, scale house/office and/or other temporary structure(s),
conveyors, screens, crushing equipment, etc. on the site;
• weighing material to be hauled from the site;
• sale of material on/from the site;
• hauling of processed/mined material from the site; and,
• grading of the pit(s), ridge(s), road(s), etc. resulting from the mining operation and
reclamation of the site after mining has been completed.
Note: Although the City does deem hauling off ofprocessed material to be part of the mining use,
it was allowed to continue after the expiration of MCU -11-001 solely as a means to an end— the
material needs to be removed from the site. Staff did not believe a delay during the interim of the
request for an extension and decision on the matter would be in the best interest of the City, the
neighbors/public, or the applicant.
Issues and Analysis:
Southridge Gravel Mining MCU -14-001 PAGE 6
EXHIBIT A
There are massive stockpiles of processed/crushed material on the site that need to be
hauled off as part of the mining operation before reclamation (grading and slope
stabilization) of the site can occur. Because this processed material is a product of the
mining operation and not merely excess native unprocessed material needing to be
removed to achieve a grade level acceptable for development, staff determines the
hauling off of the material is part of operating a construction sand and gravel mine and
therefore, requires a CUP.
• There is considerable grading and reclamation work that needs to be completed on the
site by the applicant in order to prepare the site for a residential development. Staff
determines this work is directly associated with and resulting from the mining
activity/process on the site and therefore, requires a CUP.
Because the mining use on this site has been and is still proposes to be "market driven," it
is taking longer to conclude than would be typical for an operation that simply mines the
site, reclaims it and leaves. Because this use is directly adjacent to a residential
development rather than an industrial or rural area, the ongoing use may be detrimental
to the neighbors. Staff believes the additional 18 months requested by the applicant in
which to conclude operations is excessive as operations have already been occurring for
3 years and were anticipated to conclude within that time period; if not market driven,
the operation would most likely be complete.
There have been allegations from neighbors of airborne material blowing onto their
properties from the site that contain a high amount of silica (87%, based on a private
analysis). The neighbors are very concerned about potential health impacts from this
material generated from the mine. While the City is not a regulating authority on air
quality, the City is concerned for the health of the public and any such potential adverse
impacts from the proposed use.
If the MCU request is denied, the site will be left with a huge amount of processed
material and uneven land with pits and ridges and haul roads that will still need to be
dealt with in the future in order to develop the site. Staff does not believe ceasing all
operations at this would be in the best interest of the City, neighbors, or applicant; it
would only delay the inevitable of grading and hauling off of previously process
materials.
If the MCU application is approved as requested by the applicant, the impact on the
neighbors will continue for another 18 months. The applicant originally requested a 3
year period of time in which to mine and reclaim the site; that time is up and the
neighbors have been relatively cooperative up until this point believing that it would be
over at the end of the 3 years. Staff does not believe approving the MCU with all of the
terms requested by the applicant is in the best interest of the City, adjacent residents or
the general public.
Public Testimony/Impacts: As of April 10th, 34 letters of testimony along with a petition has
been submitted to the City. All of the testimony is in opposition of the continuation of the mining
use on the site based on what they deem to be excessive noise, dust, truck traffic, visual blight of
the site from their properties, perceived decline in property values, and health concerns based on
the air quality generated by the mining operation.
However, most letters seem to recognize that the existing stockpile of material needs to be
removed and the site needs to be reclaimed in order for the mining operation to conclude.
Therefore, they're willing to support a modification to the CUP based on the following
conditions:
Southridge Gravel Mining MCU -14-001 PAGE 7
EXHIBIT A
1. No more crushing;
2. Immediate reclamation of all portions of the site except where the stockpile is located;
3. Move the scale house to the north side of the stockpile to minimize dust and noise;
4. Treat stockpiles with magnesium chloride to alleviate dust; water other areas as necessary;
5. Load and haul from the north side of the stockpile leaving the south side as a buffer against
noise and dust until the very end;
6. No more extraction of material from the site;
7. That the applicant be responsive to and monitor silica within the adjacent subdivisions and
not just the pit;
8. Reclaim the remaining area and vacate the site;
9. Accomplish this within a reasonable time frame (general consensus is 4 months but the
minimum time physically possible);
10. Ramifications and Idaho Sand and Gravel signature on an agreement.
Governing Agencies for Mining:
Mine Safety and Health Administration (MSHA): MSHA is a division of the U.S.
Department of Labor which administers the provisions if the Federal Mine Safety and Health
Act of 1977 to enforce compliance with mandatory safety and health standards as a means to
eliminate fatal accidents to reduce the frequency and severity of nonfatal accidents, to
minimize health hazards, and to promote improved safety and health conditions in the
nation's mines. MSHA carries out the mandates of the Mine Act at all mining and mineral
processing operations in the United States, regardless of size, number of employees,
commodity mined, or method of extraction.
MSHA has jurisdiction over mines when material is being excavated from the ground and/or
when portable crushing equipment is being used. Permits for mines are handled under local
and/or state jurisdiction.
Department of Environmental Quality (DEQ): The DEQ is the department of the Idaho
state government responsible for administration of state and federal environmental laws and
regulations, including those related to air and water quality. The DEQ issues a "permit by
rule" for mobile crushers and related equipment which does not expire. Staff confirmed with
Dave Luft, Air Quality Manager at DEQ, that the subcontractor in charge of crushing
operations on the site, H &B Crushing, does have the necessary permit for the crushing
equipment that has been previously used on the site.
On March 21, 2014, a DEQ inspector conducted a complaint based investigation at the gravel
pit. At the time of the investigation, operations on the site were deemed to be in compliance
with permit requirements and a records review was not conducted. It was determined that
DEQ did not have significant concerns regarding the dust impacts on air quality or water
quality in the Ridenbaugh Canal. DEQ has visited the site several times since the original
complaint and hasn't observed any significant air quality issues. Crushing equipment is
typically inspected while in operation every S years; no inspections of the equipment had
been conducted on this site prior to March 21".
State air quality rules require the implementation of reasonable precautions to prevent
fugitive dust from leaving property boundaries under normal atmospheric conditions. The
rules do not require the elimination of all fugitive dust but that reasonable steps are taken to
Southridge Gravel Mining MCU -14-001 PAGE 8
EXHIBIT A
prevent its occurrence such as, watering of haul roads and stockpiles, paving or oiling of haul
roads, sweeping up track -out, etc. The inspector determined that the applicant is taking
reasonable precautions to prevent fugitive dust emissions from leaving the facility. They were
in compliance with the DEQ issued air quality permit operating opacity (amount of site that is
obscured by dust) requirements, as well as the state's fugitive dust rules.
No permits are required by the Environmental Protection Agency (EPA) for the operation of
gravel pits.
Bureau of Reclamation: The Bureau of Reclamation is a federal agency under the U.S.
Department of the Interior, which oversees water resource management.
The Idaho Surface Mining Act (§47-1506) requires the operator of a surface mine to obtain
an approved reclamation plan and bond. The Bureau of Reclamation is holding a surety bond
in the amount of $17,221.88 and a reclamation plan (S0602904).
Additional Information:
Biological Evaluation: The applicant submitted a Biological Evaluation prepared by Axiom -
Points, LLC, dated May of 2010. The evaluation was prepared to identify and analyze the
potential effect to endangered species and special status species as identified by Idaho Fish
and Game (IFG) within the project area. Based on reports from IFG and the U.S. Department
of the Interior, Idaho Fish and Wildlife Office, no endangered or special status species were
believed to be in the project area; therefore, the evaluation found there would be no effect to
endangered or sensitive species. The full report is included in the public record.
Williams Pipeline: The Williams Pipeline crosses the southwest corner of the site as shown
on the site plan in Exhibit A.2. No material is proposed to be or has been approved to be
removed from within the pipeline easement or on the west side of the easement. Comments
have been received on this application from Gordon Hamilton on behalf of the Williams
Pipeline. Staff has included a condition in Exhibit B based on his comments (see #1.1.13).
Hours of Operation: The previous approved hours of operation on the site for mass grading,
gravel extraction, rock crushing, loading and hauling were limited to weekdays (Monday thru
Friday) between the hours of 8:00 a.m. and 5:00 p.m. 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.
The applicant has requested to continue full-scale sand and gravel mining on the site. Staff does
not support the intensity of the operation as proposed. Staff recommends a compromise of sorts
that would allow a more limited mining operation to continue with a focus on reclaiming the site
per the approved grading and reclamation plan and removing the existing stockpiles within a 6
month time period. Further excavation/processing of material from the ground would not be
allowed, except for the removal of native unprocessed material necessary to achieve the grade on
the approved grading plan.
Staff Recommendation: Based on the above -noted issues, analysis, public testimony submitted
by adjacent neighbors, and the Findings listed in Exhibit C, staff recommends approval of a
modified version of the applicant's request per the conditions included in Exhibit B. Staff believes
approving the request under these conditions is in the best interest of the City and neighbors and
will ultimately benefit the applicant more than a decision of denial.
X. EXHIBITS
A. Drawings
Southridge Gravel Mining MCU -14-001 PAGE 9
EXHIBIT A
1. Vicinity 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 (UDC)
Southridge Gravel Mining MCU -14-001 PAGE 10
Exhibit A.1: Vicinity Map
EXHIBIT A
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Southridge Gravel Mining MCU -14-001 PAGE 11
EXHIBIT A
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Southridge Gravel Mining MCU -14-001 PAGE 12
Exhibit A.3: Grading Plans (dated: 12/3/10)
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Southridge Gravel Mining MCU -14-001 PAGE 13
EXHIBIT A
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Southridge Gravel Mining MCU -14-001 PAGE 14
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 No further mining/excavation of material from the ground and/or processing/screening/crushing
of material shall be allowed on the site. This does not include the removal of native, unprocessed
material that may need to be removed from the site to achieve the final grade shown on the
approved grading plan which is allowed.
1.1.2 Reclamation of the site shall begin immediately, leaving the areas where the stockpiles are
located until last.
1.1.3 The applicant shall have a maximum period of six (6) months in which to complete reclamation
of the site in accord with the approved grading and reclamation plans, including hauling off
existing stockpiles and removal of all equipment. ALL reclamation shall be complete by
November 1, 2014 (6 months from the date the Findings are approved) — no further extensions
will be considered.
1.1.4 The screening equipment, conveyor(s), and other related equipment, excluding the scales and
associated scale house/office, shall be removed from the site by May 9, 2014.
1.1.5 The stockpiles shall be treated with magnesium chloride (or other comparable material) to
prevent dust from blowing onto adjacent properties. If this treatment is not efficient in controlling
dust, sprinklers shall be installed on the piles and the piles watered as necessary.
1.1.6 The scale and scale house/office shall be relocated to the north side of the stockpile(s) and
material shall be loaded and hauled from the north side of the stockpile(s) leaving the
southernmost stockpile(s) as a buffer against noise and dust until last.
1.1.7 The work hours for loading, hauling, grading, and other reclamation related activities shall be
limited to non -holiday weekdays (Monday thru Friday) between the hours of 7:00 a.m. and 6:00
p.m.
1.1.8 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.
1.1.9 The extraction/grading area(s) and haul roads shall be watered daily as often as necessary to
reduce dust impacts to surrounding properties. Haul roads shall be graded to drain all surface
water away from the haul roads and such drainage shall be confined to the site.
1.1.10 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.
1.1.11 The applicant shall comply with MCC 7-1-13 "Uncovered Loads Prohibited" when hauling
material from the site.
1.1.12 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 the Bureau of Reclamation's requirements.
1.1.13 No activities shall occur within the 75 -foot wide Williams Pipeline easement without property
and timely notification to Williams Pipeline. Working and finish grades adjacent to the easement
shall meet stable sloping guidelines to prevent erosion or slope failure that may impact the cover
over the pipelines. The applicant shall submit documentation indicating the maximum working
Southridge Gravel Mining MCU -14-001 PAGE 15
EXHIBIT A
and finished grade at all points along the easement boundary to Williams Pipeline. No blasting
shall be allowed within 500 feet of the pipeline easement without prior evaluation and monitoring
of particle velocities by Williams Pipeline.
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 11-513-6G. The applicant shall contact Planning Division staff regarding any
proposed modification and/or transfer of ownership.
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 had no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
ACHD did not submit comments on this application.
Southridge Gravel Mining MCU -14-001 PAGE 16
EXHIBIT A
C. Required Findings from Unified Development Code (UDC)
1. Conditional Use Permit (UDC 11-513-6E)
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; there is no development proposed, therefore, compliance with dimensional and
development regulations are not applicable (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.
Due to the nature of the proposed use, the Commission finds it will lower the grade level and
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.
Because of the site's proximity to regional transportation infrastructure and public and private
projects, the material mined from this site has been used in many construction projects within
the City and general area and the use has been compatible with these uses.
However, the intended character of the site and nearby area is residential. The mining use of
the property, although an interim use, has adversely affected the residential character of the
area due to dust, noise and visual blight from/of the site. Therefore, the Commission finds the
proposed use is not compatible with existing residential uses in the general vicinity of the
site. The Commission is recommending the MCU is approved only to extend the time period
in which they can reclaim the site and conclude the mining operation.
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 significantly 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 transport aspects of the project have limited public
facility needs, mainly consisting of access to public streets; the site has direct access to W.
Overland Road.
Southridge Gravel Mining MCU -14-001 PAGE 17
EXHIBIT A
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.
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 there may be activities associated with the proposed use (as
restricted by staff) such as production of traffic and noise that may impact persons, property
or the general welfare. Based on the restrictions of the subject approval, the Commission
finds these impacts should not be excessive.
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 is unaware of any natural, scenic or historic features on the site of major
importance. Therefore, the Commission finds the proposed use will not result in the
destruction, loss or damage of such features.
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 an additional six (6) months and address the intensity and
terms of such 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.
k. That the noise impacts and hours of operation of the proposed mining activities are
appropriately addressed in the conditions of approval; and
The Commission finds the conditions of approval in Exhibit B include restricted hours of
operation and restrictions on the type of operations that may occur on the site that should
reduce noise impacts.
1. That timing and responsible party of implementing approved reclamation plans are
appropriately addressed in the conditions of approval.
The Commission finds the conditions of approval in Exhibit B address a timeframe in which
the site must be reclaimed and tie reclamation to a previously approved grading and
reclamation plan.