Herriman City Planning Commission voted unanimously to recommend the city council approve an amendment to the Crescent commercial master development agreement (MDA). During public comment residents urged the commission and developer to include explicit, enforceable MDA language requiring removal or strict management of contaminated soil and robust oversight during any earthwork, citing past dust and soil‑handling concerns.

The issue draws on the site’s history as a repository for contaminated fill and its inclusion in the Butterfield Creek Operable Unit 3. Residents described past work on the site where dust suppression was inadequate during utility installation and said they fear inhalation of lead and arsenic if soils are disturbed without proper procedures. Staff described an established process for site assessment, cleanup and oversight and said the city will require environmental assessment plans, on‑site monitoring and consultant oversight; soils at or above specified contaminant thresholds must be removed to licensed disposal facilities.

An applicant representative, Julie Smith, said the proposed 15.5‑acre project would relocate a locally‑owned retail business to the site and allow retail, warehouse, light manufacturing and shipping activities to support that tenant. Developer representative Braden Hansen and developer Larry Myler said they will use an experienced environmental consultant to execute any required remediation and to follow the city’s standards.

Several residents spoke at the public hearing. Sonny Mortensen said neighbors were “super concerned” about inhaling lead and arsenic if the site is not cleaned and properly managed, and urged explicit language in the MDA so the city cannot be left liable for improper soil handling. Andrew Lawrence told commissioners the material at the site “is soil that was brought here, by developers because it's contaminated soil” and asked the city to require removal rather than building on top of the cap. Brenda Mortensen recounted a past utility project where she said dust suppression was inadequate, and stated that the health effects of airborne dust are a serious concern.

Community Development Director Blake Thomas reviewed the site history and the cleanup framework. He said the city adopted contaminant thresholds years earlier to govern cleanups in Operable Unit 3, and that the city will require an environmental assessment plan that uses XRF screening and subsurface sampling. Blake Thomas said material testing would be conducted before earthwork; soils with arsenic or lead at or above 4,000 parts per million must be removed from the site and hauled to licensed facilities; soils below that threshold may be capped if they meet the ordinance. Thomas said the city typically requires an environmental consultant for oversight and air‑monitoring stations, truck washdown, and other controls during remediation work. He named EarthTouch Engineering as a consultant the city uses on similar projects and said the developer will include consultant oversight paid by the developer as part of the building‑permit process.

The commission’s recommendation to the council included a condition that the applicant prepare an exhibit for council review illustrating the design of an alternative landscape buffer between the commercial and adjacent residential uses. Commissioners said the revised MDA and monitoring commitments address the safety concerns raised by residents, though several residents asked the council to require explicit soil removal conditions. The recommendation to the city council passed unanimously; the council will have the final decision and could add or modify MDA conditions in its review.