CC - Staff Memo 9.11
September 11, 2018
MEMORANDUM
TO: Mayor and City Council
CC: City Clerk, City Attorney
FROM: Bill Parsons, Planning Supervisor
RE: Timber Creek Recycling Update (H-2018-0042)
September 18th, City Council Meeting
On July 17th, City Council continued the Timber Creek Recycling development agreement modification
(MDA) application. The purpose of the continuance was to allow the applicant time to further refine
their request based on items that were discussed during the public hearing. A comprehensive list of the
items discussed was to be incorporated into a modified strike-through and underline format of the
original development agreement for Council’s consideration. Items to be addressed are as follows:
1. Increase in the number of vehicle trips, specifically truck traffic;
2. Removal of the retail component (This was an item discussed during the hearing however; the
applicant has included a request to keep the retail component with further parameters on the use);
3. Limit the size of the facility to a 39 acre site;
4. Limit the hours of operation;
5. Secure approvals from DEQ, CDHD and the applicable Irrigation District;
6. Submit a revised concept plan detailing the operations of the site which is incorporated into the
amended development agreement;
7. Submit sound study, odor plan and fire/emergency plan;
8. Define term limits of the recycling use;
9. Further define the type of materials that are being exported, stored and composted on the site and
stating the intended uses of said materials; and
10. Minimize impacts to adjacent neighbors (e.g. installation of mufflers on specific equipment,
installation of landscaping, restricting the height of the stored materials and monitoring
complaints associated with the recycling activities).
On September 6, 2018, a revised amended development agreement was submitted for Council and the
public to review as part of the public record. Because of the controversy surrounding this project, the
City also sent notices to the property owners within 1000 feet of the property and those property owners
that testified during the public hearing. This same list was sent to the applicant to use to schedule the
neighborhood meeting so the applicant could discuss the proposed changes. Per the applicant’s
representative, a new neighborhood meeting was held on September 5, 2018 and some minor revisions
were incorporated in the draft document as a result of that meeting.
In summary, staff believes the applicant has adequately captured the items that were discussed at the
public hearing in the revised document. Although the applicant has further defined the operational
characteristics if the use is to expand and proposed additional mitigating measures, staff still has
concerns with the expansion of the recycling facility (industrial nature of the use) in a residential district.
Therefore, staff recommends the Council deny the request for the reasons as previously stated in the
staff report for the hearing date of July 17, 2018.
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STAFF REPORT
HEARING DATE: July 17, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Timber Creek Recycling – MDA H-2018-0042
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Michael Murgoitio, requests an amendment to the development agreement (MDA)
(Instrument No. 2016-007075) for Timber Creek Recycling to add a commercial composting component to
their current business operations on the site. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends denial of the proposed MDA based on the analysis in Section VII.
III. PROPOSED MOTION
Denial
After considering all staff, applicant and public testimony, I move to deny H-2018-0042 as presented in the
staff report for the hearing date July 17, 2018, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number H-2018-0042 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 at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range
1E.
B. Owner:
Gary Murgoitio
6575 S. Locust Grove Rd.
Meridian, ID 83642
C. Applicant:
Michael Murgoitio
2623 S. Hillis Place
Meridian, ID 83642
D. Representative:
Same as Applicant
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
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V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 29, 2018
C. Radius notices mailed to properties within 300 feet on: June 20, 2018
Note: Because the Director deemed the proposed use to be heavy industrial and because of the
potential impact on adjacent residential properties, radius notices were sent to property owners within
1,000 feet of the external property boundaries instead of the typical 300 feet in accord with UDC 11-
5A-5E.2c.
D. Applicant posted notice on site by: July 6, 2018
VI. LAND USE
A. Existing Land Use(s): An agricultural based wood recycling business currently operates on this
property in the R-4 zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site
consist of rural residential and agricultural land zoned R-4 in the City, and RUT & RR in Ada County.
C. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian
annexation application (H-2015-0019). A development agreement (DA) was required as a provision of
annexation, recorded as Instrument No. 2016-007075. At the time of annexation, the Applicant was
operating a recycling business on this site in Ada County; the existing use was allowed to continue with
annexation into the City under the terms described in the DA – no change in the uses specified in the
DA are allowed without modification of the agreement.
VII. ANALYSIS
MDA Request: The Applicant proposes to amend the development agreement (DA) for the subject
property to add a commercial composting component and retail sales to their existing recycling
operation, which primarily consists of wood products (see proposed amendments to DA in Exhibit A.3).
A concept plan was submitted, included in Exhibit A.3, which depicts the layout of the site and location
of specific proposed operations.
Currently, materials such as wood, grass, leaves, sheetrock and other material received from the Ada
County Landfill and miscellaneous contractors are recycled and used on their farm and sold wholesale.
There are no established hours of operation for the current business.
Additional materials proposed to be composted consist of food and garden waste and demolition debris.
Activities associated with the proposed use consist of grinding, screening, windrowing, bagging, usage
of tarps for covering and storage of material, and delivery trucks parked on the site. (Note: The
Applicant has removed crushing of asphalt and concrete; and recycling of demolition debris and
biosolids from his application request.)
The use of equipment such as air compressors, generators, loaders, water trucks, graders, tractors with
implements, fork lifts and other heavy equipment is proposed to conduct the recycling activities. A 45’
x 15’+/- scale house, 20’ x 8’+/- bathroom with a septic system, 8’ x 40’+/- storage shed and weather
station are proposed to be erected on the site and leaching ponds and berms are proposed to be
constructed. Processed recycled materials such as mulch, compost, bark, playground chips, sand, stone,
etc. are proposed to be marketed and sold on the site.
The DA currently restricts the daily number of truckload deliveries to the site for different types of
materials (i.e. wood – 20; grass – 5; leaves – 10; and sheetrock – 5, for a total of 40 truckloads daily;
Timber Creek Recycling - MDA H-2018-0042 3
these restrictions are proposed to be removed entirely which would allow for unlimited truck
traffic to/from the site for the existing as well as the proposed use. In an email included in the
application to ACHD, the Applicant states that 7 garbage truck deliveries are anticipated per day with
garden and food waste from Republic Services if a contract is obtained with the City for curbside pick-
up (if not, there will be no garden and food waste deliveries) but no restrictions are proposed on the
total number of deliveries per day. Traffic will increase significantly beyond that generated by the
current use with the proposed commercial composting activities resulting from deliveries of materials
from consumer trucks, garbage trucks, semi-trailer trucks, and other similar sized trucks.
The applicant proposes to operate the composting program between the hours of 7:00 am and 6:00 pm
Monday thru Friday and Saturday 8:00 am to 6:00 pm. An area will be designated where the general
public can drop off their wood products and pick up recycled products. Citizens of Meridian will be
able to pick up free compost if the Applicant is awarded a contract from City of Meridian for the
curbside recycling program.
The proposed composting facility is planned to operate for a total of 10 years; during the last 5 years,
the Applicant intends to conduct an impact study in conjunction with surrounding developers to
determine if after the 10 years they need to relocate the recycling and composting activities to another
site.
Public Testimony: Many letters of testimony have been received by the City from nearby
residents for and against the proposed business expansion and DA amendment. Please see the
public record for more information on the details of the testimony. A general summary of the
testimony includes the following concerns/ comments pertaining to the proposed use:
1) Increase in truck traffic entering/exiting the property and impact on adjacent roads and
traffic (suggestion to limit truck traffic to non-commuting hours to reduce traffic conflicts of
trucks using two lanes to turn at the Columbia/Locust Grove intersection);
2) Increase in dust generated from the existing and proposed use and mitigation thereof;
3) Increased noise generated from heavy equipment, grinders and trucks and impact on
residential neighbors;
3) Size and height of recycling materials piles and potential fire hazard of compost piles;
4) Unpleasant odors generated from decomposition of materials (food and waste) to be
recycled and pests (i.e. rodents, birds, skunks, flies, bees, mosquitos, etc) - suggestion to
require regular inspections to ensure best practices for recycling/composting are being
practiced to reduce issues;
5) Unsightly landscape of the site (i.e. trash, stock piles of materials to be recycled, etc.);
6) Limitation of business hours that the recycling operation is open to the public and that
recycling activities occur to reduce impacts of light pollution and noise on neighbors;
7) Require fencing around the perimeter of the site to prevent future conflicts between the
business and area residents;
8) Reduced residential property values and a less desirable location with the proposed use;
9) Concern pertaining to water quality (potential for toxins leaching into the water) and water
table; increased risk of contamination of surface and groundwater (leachate) from the facility
which borders an irrigation canal;
10) Negative impact on quality of life for adjacent residents (excess dust, noise, odor,
appearance of site);
11) Support of proposed recycling operation which will reduce trash in landfills and is good
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for the community and environment;
12) Success of composting program in the City of Boise and benefit for residents;
13) Emission of bioaerosols (airborne particles that contain live organisms or were released
from living organisms, may contain bacteria, fungi, viruses, microbial toxins, pollen, plant fibers,
etc.) from composting activities which may pose a hazard to susceptible members of the
public;
14) Need for improvements to infrastructure to support homes that are currently under
development in the area and increased traffic from large commercial trucks from the
proposed use;
15) Industrial/commercial use does not belong in residential area that is continuing to grow
with families;
16) High winds in this area blowing trash onto adjacent properties;
17) Potential for insects drawn to the proposed use to carry disease to residents, pets and
livestock on neighboring properties; and,
18) Potential contamination of soil.
Staff Concerns: The current R-4 zoning of the property primarily allows for residential uses and other
low impact uses as identified in UDC Table 11-2A-2; industrial uses are prohibited. The
Comprehensive Plan FLUM designation for this property is primarily Low Density Residential (LDR)
(3 or fewer units per acre) with a small portion designated Medium Density Residential (MDR) (3 to 8
dwelling units per acre). The existing and proposed use is inconsistent with these designations and
wouldn’t have been allowed to operate in the R-4 zoning district in the City if it hadn’t been operating
in the County when the City annexed the property and allowed the use to continue under the parameters
contained in the DA.
Expanding the use to a more intense industrial use is prohibited and should not be allowed through a
modification to the DA or through other means. Further, staff would not recommend an amendment to
the FLUM as the use is only intended to be an interim use until residential uses develop on the property
in the future. An amendment to allow Industrial use of the property would negatively impact existing
and future planned and entitled adjacent residential properties. The proposed septic system is not
allowed in the City.
Staff is concerned that if the proposed industrial use is allowed to expand under a DA amendment, that
it would become a liability to the City. An interim gravel mining use was approved a few years ago in
south Meridian through a conditional use permit in a residential district where the property abutted
residential properties. There were a lot of complaints from neighbors pertaining to noise, dust, structural
damage to homes, hours of operation, etc., which had a significant impact on City resources (i.e. Code
Enforcement and Planning Division). This resulted in a UDC amendment that now prohibits such uses
in residential districts.
The primary purpose of zoning is to segregate uses that are incompatible and prevent new development
from interfering with existing uses and/or to preserve the “character” of a community. The proposed use
would create just that, an incompatible use adjacent to existing and future low density residential
properties and impact the rural residential/agricultural character of this area. The following provisions
in the Comprehensive Plan are applicable to the proposed use:
Minimize noise, odor, air pollution and visual pollution in industrial and commercial
development adjacent to residential areas (3.06.01A)
Protect existing residential properties from incompatible land use development on adjacent
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parcels. (3.06.01F)
Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection. (3.04.02A)
Require industrial areas to create a site design compatible with surrounding uses (e.g.
landscape, fences, etc.) and community design criteria. (3.06.01A)
Encourage industrial development to locate adjacent to existing industrial uses. (3.06.01C)
Require industrial development to conform to Federal and State air, water and noise pollution
standards, and local landscaping, traffic, noise, and environmental standards. (3.06.01D)
Require screening and buffering of commercial and industrial properties to residential use with
transitional zoning. (3.06.01E)
Require industrial uses to conform to disposal, spill and storage measures as outlined by the
EPA. (6.05.01B)
Therefore, staff recommends denial of the applicant’s requested modifications to the DA based on the
proposed use being a prohibited use in the R-4 district and not being consistent with the Comprehensive
Plan based on the analysis above.
Note: If the Council deems that the proposed use and requested amendments to the DA are appropriate,
the project will need to be continued to a subsequent hearing in order for Staff to prepare the amended
DA and any other applicable provisions.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Concept Plan
3. Proposed Changes to the Development Agreement
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Concept Plan
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Exhibit A.3 – Proposed Changes to the Development Agreement
(see following pages)