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Southridge Gravel Mining AP-14-001CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER IDIAN�-- IDAHO In the Matter of the Request for City Council Review of the Planning and Zoning Commission's Decision Regarding the Modification to the Conditional Use Permit (MCU -14-001) 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). AP -14-001 For the City Council Hearing Date of. June 24, 2014 (Findings on July 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 City Council 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 President of the City Council and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AP -14-001 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 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 City Council'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 City Council review of the Planning and Zoning Commission's decision was denied in part and approved in part as noted 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 Six (6) Month Conditional Use Permit Duration 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. 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 CASENO(S). AP -14-001 Page 2 By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER day of VOTED _N2(— VOTED 1 (U VOTED VOTED VOTED 1 nom. COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy e Veerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated:��uh Cit e c') ' O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AP -14-001 Page 3 EXHIBIT A STAFF REPORT HEARING DATE: April 17, 2014 Nj`E IDIAN'�- TO: Planning & Zoning Commission IDAHO FROM: Sonya Walters, Associate City Planner 208-884-5533 SUBJECT: MCU -14-001 — Southridge 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 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. H. 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 subject MCU request with conditions. a. Summary of Commission Public Hearing: i. In favor: Todd Lakev, Applicant's Representative; Ryan 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; Johnson; Gordon Hamilton, Williams Pipeline; Jim Montgomerv: petition v. Staff presenting application: Sonya Walters vi. Other staff commenting on application: None b. _Key Issues of Discussion by Commission: i. Impact of use on adjacent residential neighborhood ii. Duration of use c. Kev Commission Changes to Staff Recommendation: i. None The Meridian City Council heard this item on .Tune 24.2014. At the public hearing, the Council denied in part and approved in part a request for City Council review of the Plannin & Zoning Commission's decision. :L Summary of City Council Public Hearing: i n favor: Todd Lakev: Ryan Russell; Steve Pryzbos; and Susan Pryzbo. Southridge Gravel Mining MCU -14-001 PAGE 1 EXHIBIT A i� In opposition: Wyatt Johnson (Attorney representing a large group of nei hbor l: Curtis Elton: Tony Martarano: Jerry Ross: Maureen Brewer: Brian Rue Keith Elipling; Glenn Hickey: Jacob Rower: and Lisa Martarano Commenting: None iy. Written testimony: Memo from Staff: Glen Hickey: Dick & Susan Bagley: Ryan ewer: Jerry Ross: Joe & Patsy Kendall: Maureen Brewer: Lynne Reiber: Bob Marsland; Nadine Marsland: Keith & Dianne Ebeling: William & Phyllis Weiss: Robert & Susan Carlson; and Tnnv Martarano y Staff presenting application: Sonya—)Yat ter YL Other staff commenting on application: None Ii. Key Issues of Discussion by CounciL- i Allowance for grading of the site beyond the approved 6 -month time period: ii. Treating the stockpile(s) with magnesium chloride vs. spraying the stockpile(s)-with water from a water truck to reduce dust impacts on adjacent residences: an iii Relocation of the scale and scale house/office to the north side of the stockpile(sl c. Key Council Changes to Commission Decision iii. Modification of condition #1.1.6 to allow the scale and scale house/office to remain h its fisting location and not be relocated to the north side of the stockpile" HI. 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 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.) IV. 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 (Parcel No.'s S1223244502 & 5 1223131350), in the north 1/2 of Section 23, Township 3 North, Range 1 West. B. Owner(s): Corey Barton Homes, Inc. P.O. Box 369 Meridian, ID 83642 Southridge Gravel Mining MCU -14-001 PAGE 2 EXHIBIT A 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 R 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 prelinsinary 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 Southridge Gravel Mining MCU -14-001 PAGE 3 EXHIBIT A 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 requestfor City Council review of the Commission's decision. During the three years of the ruining 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 Hutch 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. Southridge Gravel Mining MCU -14-001 PAGE 4 W4 : :1 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 ACED), 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. 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." (3.06.01 B) 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 offine 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. VHL 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 Southridge Gravel Mining MCU -14-001 PAGE 5 EXHIBIT A 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 subjectproperty 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 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 (I 1-1A-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 Southridge Gravel Mining MCU -14-001 PAGE 6 EXHIBIT A 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/froln 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 on extension and decision on the matter would be in the best interest of the City, the neighbors/public, or the applicant. Issues and Analysis: • 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 frons 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 detritnental 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 vety concerned about potential health impacts from this material generated from the mine. While the City is not a regulating authority on air Soulhridge Gravel Mining MCU -I4-001 PAGE 7 EXHIBIT A 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 l Os', 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: 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 Southridge Gravel Mining MCU -14-001 PAGE 8 EXHIBIT A 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 5 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 Hiles do not require the elimination of all fugitive dust but that reasonable steps are taken to 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 (50602904). 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 1FG 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. Southridge Gravel Mining MCU -14-001 PAGE 9 EXHIBIT A 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 fill -scale sand and gravel raining on the site. Staff does not support the intensity of the operation as proposed. Staff recommends a compromise of saris that would allow a more limited paining 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 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 Exhibit A.1: Vicinity Map a x F TBE E AND GROUP I,1 11 In ippF�, aye a>w 1�+, 1�31liY1Ml = Fds 3td.4+g:u�5 •.s�a..�.®®�,�' �. p vin Sauthridge Gravel Mining Conditional Use Permit VUnity Mao Aftfam Southridge Gravel Mining MCU -14-001 PAGE 11 EXHIBIT A Exhibit A.2: Project Overview & Site Plan (dated: 12/3/10) Southridge Gravel Mining MCU -I4-001 PAGE 12 EXHIBIT A Exhibit A.3: Grading Plans (dated: 12/3/10) Southridge Gravel Mining MCU -14-001 PAGE 13 EXHIBIT A 22!1- A .`�`7 A 1 ww /law'v3v�' C1.11 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 he 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 _94h side 8fthe mMaterial 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 Southridge Gravel Mining MCU -14-001 PAGE 15 EXHIBIT A maximum working 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 11-511-6G. 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 City Council 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 Dt 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 City Council 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 City Council finds the proposed use is not compatible with existing residential uses in the general vicinity of the site. The City Council approves of the MCU 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council is unaware of any natural, scenic or historic features on the site of major importance. Therefore, the City Council 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 City Council 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 terns 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 City Council 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 City Council 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 City Council finds the conditions of approval in Exhibit B address a timeframe in which the site must be reclaimed and tic reclamation to a previously approved grading and reclamation plan.