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
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Meridian, Idaho 83642
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493-4610 (f)
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<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