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Email by Todd Lakey 4/30Machelle Hill From: Todd <todd@borton-lakey.com> Sent: Wednesday, April 30, 2014 2:29 PM To: Sonya Watters Cc: Justin Lucas; Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill; Russell, Ryan (Idaho Sand & Gravel) Subject: Re: Southridge Gravel Mining MCU Findings Ok - thought we would ask. But have to wait for the findings to be signed before submitting an appeal. Sent from my Whone On Apr 30, 2014, at 1:22 PM, Sonya Watters <swatters ,meridiancit y�org> wrote: Todd, You can't request reconsideration of the Commission's decision (MCC -7-10); you can only request City Council review (essentially an appeal) of the Commission's decision. A reconsideration request is only allowed on Council decisions. Please file an official request for City Council review of the Commission's decision if that's what you wish to do. Thanks, Sonya From: Todd Lakey (mailto:todd0borton-lakey.comi Sent: Wednesday, April 30, 2014 9:22 AM To: Justin Lucas Cc: Holly Binkley; Jacy Jones; Jaycee Holman; Machelle Hill; Russell, Ryan (Idaho Sand & Gravel); Sonya Watters Subject: Re: Southridge Gravel Mining MCU Findings Justin, Thanks for sending the draft findings. I have attached a request for reconsideration of two aspects of the decision. Thanks Todd On Mon, Apr 28, 2014 at 9:56 AM, Justin Lucas <jlucas,meridiancit .00rg> wrote: Attached are the Findings of Facts and Conclusions of Law for the conditional use permit for Southridge Gravel Mining (MCU -14-001). These documents are scheduled to be on the Commission consent agenda for May 1St (Special Noon Meeting). Please call or a -mail with any questions. Justin Lucas, AICP Planning Supervisor City of Meridian jlucas ,meridiancity.org 208-884-5533 Sincerely, Todd M. Lakey BORTON-LAKEY LAW OFFICES 141 E Carlton Ave. Meridian, Idaho 83642 908-4415 (w) 493-4610 (f) Honored as the 2012 "Small Business of the Year" (1-10) by the Meridian Chamber of Commerce Please do not send confidential, proprietary, or otherwise sensitive information via e-mail. E-mail is not a secure form of communication and may not be protected by the attorney client privilege. CONFIDENTIALITY NOTICE: This email is legally privileged. If you are not the intended recipient, you are notified that you have received this document in error, and that any reading, distributing, copying or disclosure is unauthorized. Thank you. Please do not send confidential, proprietary, or otherwise sensitive information via e-mail. E-mail is not a secure form of communication and may not be protected by the attorney client privilege. CONFIDENTIALITY NOTICE: This email is legally privileged. If you are not the intended recipient, you are notified that you have received this document in error, and that any reading, distributing, copying or disclosure is unauthorized. Thank you. <Council Review checklist.doc> <Commission and Council Review application.doc> GORTON & LAKEY ~LAWAArDPOLICY- 141 E Carlton Ave, Meridian, Idaho 83642 908-4415 (office) 493-4610 (fax) April 30, 2014 Justin Lucas Planning Supervisor Community Development Services Department City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Re: Request for Reconsideration MCU 14-001 Dear Mr. Lucas, On behalf of my client Idaho Sand and Gravel, I would like to request reconsideration of the Planning and Zoning Commission's imposition of condition 1.1.5. The condition states "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." As was stated at the hearing, Idaho Sand and Gravel cannot put magnesium chloride on the piles. Doing so will eliminate most of the uses of the material by Idaho Sand and Gravel and will eliminate its use in the contracts Idaho Sand has in place. Due to the elimination of the uses for the material, the value of the materially will be severely degraded. Should the condition be imposed, Idaho Sand's loss will come as a direct result of the City's action in imposing the condition. Installation of sprinklers is required only if the magnesium chloride is "not efficient". The use of the chemical will result in severe damage to Idaho Sand and Gravel. As an alternative, Idaho Sand offered to use the water truck and spray the piles with water periodically, as needed, but the condition as currently written does not appear to allow for that option. Installation of sprinklers on the stockpiles will also not work as the material needs be able to be removed and the site does not have a well to support such a sprinkler system. The condition as written is not feasible and we are asking that the condition be re- written to allow periodic spraying of the piles using Idaho Sand's water truck. Meridian Development Corporation April 30, 2014 Page 2 Additionally we would request reconsideration of Condition 1.1.6 containing the requirement to move the scale and scale house to the North side of the stockpile. The trucks simply drive over the scales as part of their forward travel. The loading of the material is the activity that is served by being located to the north of the stock pile as it will involve the single back up alarm on the front loader. We request that the portion of the condition requiring moving of the scale and small scale house be removed. In requesting this reconsideration of these conditions Idaho Sand is not waiving any of its rights to appeal any aspects of the decision. Sinter ly