CC - Conditions of Approval Exhibit BEXHIBIT B
Staff recommended added/modified DA provisions:
Modify provision #4.8 (pg. 5) as follows, "Operate Timber Creek Recycling on the portion of the
Property ("Recycling Property") outlined on the site plan ("Site Plan") attached hereto as Exhibit
"C" and incorporated herein, as is currently conducted or may be conducted in the future, whether
under the name of Timber Creek Recycling or another name or entity, for a maximum period of
ten (10) years from the date of Council approval of the amended signed DA, and will be subject
to review on or about that ten (10) year time period for renewal for an additional time period as
determined by the City Council at that time. If the City Council does not extend the use beyond
the initial ten (10) year time period then at their direction and date as determined by them after
which all uses associated with the facility shall cease at a date to be determined and all materials,
equipment, structures, site modifications, etc. associated with the use shall be removed and the
site reclaimed to its former agricultural use/condition—.. If the time period is extended to a future
date certain then the City Council may review the activity on or about that date certain and
consider an additional extension with the same or modified conditions to the Agreement.
2. Modify provision #5.2.2, Screening (pg. 7), as follows, "The Recycling Materials, before and
after processing, may be screened. Screening of any Recycled Materials may including the use of
conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary
to screen the Recycled Materials.
3. Modify provision #5.2.4, Composting, as follows: "The Recycling Materials may be composted
on the Recycling Property and transported from the Recycling property for soil amendment,
agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties.
Compost piles shall be maintained in a manner that does not cause or create a nuisance condition
including, but not limited to, odor, other nuisance and/or other conditions relative to insects or
disease that affect neighboring properties, cause harmful vapors or constitute a risk to the
environment or public health and safety as set forth in Meridian City Code 4-1-10 (A)(C). In
addition to the remedies available through the enforcement of this Agreement the City may seek
enforcement throueh abatement by civil action or code enforcement."
4. Modify provision #5.2.5, Storing of Recycling Materials, as follows: "The Recycled Materials,
both before and after processing, may be stored on the Recycling Property and on the balance of
the Property. The facility and all associated ,grounds shall be maintained in an orderly manner to
keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1;
procedures and penalties for ,general nuisances are listed in MCC 4-2-4. In addition to the
remedies available through the enforcement of this Agreement the City may seek enforcement
through abatement by civil action or code enforcement"
Modify provision #5.3.3, Compliance with all federal, state, and locate entities with jurisdiction,
including, but not limited to, DEQ Department of Environmental Quality, Department of
Agriculture, -ate Central District Health Department, U.S. Environmental Protection Agency,
U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho
Department of Water Resources,. The City may consider a finding by one of these named
agencies of violations of their regulations to be a cause for a violation of this Agreement.
Timber Creek may shall take any action to:
(a) Comply with conditions imposed on it by ,
any and all of
aforementioned entities with jurisdiction relating to the Recycling Materials or the
Recycling Activities;
(b) Comply with the rules and regulations relating to the Recycling Materials or the
Recycling Activities which may be adopted, revised or re -interpreted by the Depa tme
of Efwir-offfneatal Quality, the Depaftment of Agriculture or the Central District Health
Depaftmefft any and all of aforementioned entities with jurisdiction; and
(c) Cure or correct deficiencies or issues identified by the r,o,..,,.f. efit E)r gnvi .eameffta
Qttality, the Department of Agr-ieultufe or the Central Distr-iet Health Departme any and
all of aforementioned entities with jurisdiction.
6. Modify provision #6.3.2 Landscaping as follows, "Timber Creek will install trees and other
landscaping features on the Recycling Property in a manner as prescribed in MCC 11 -3H -4D, as
is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the
Recycling Activities. Said landscaping wi44 shall be installed w4fin one "` year- fr-efn the date e
this ^ gree ent prior to commencement of Tier 2 composting provided that the pilot programs for
obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the
landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City
when the landscaping set f h an the Site Plan as required in provision #6.3.2 Screening -has been
installed.-"
7. Modify provision #6.5 Dust Abatement, as follows: "T:m be f Crook v o,...elin will take
een*nefeially reasonable steps to abeAe the dust eaused by the Reeyeling Aetivities as All
driveways into and .i., -,.ugh the f edit., and any open e with a dfiving s „-f ee the Recycling
Area shall be suffiw-ed improved with a dustless material including but not limited to, vegetation,
asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphaltigr nding_s) in
accord with UDC 11 -3C -5B.1.
6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for
dust abatement purposes on the Recycling Property.
6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling
Property as deemed reasonably necessary by Timber Creek to minimize dust caused
by Recycling Activities.
6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for
dust abatement. Said equipment will be utilized to apply water to unpaved portions of
the Recycling Property or the Recycling Materials to minimize dust caused by the
Recycling Activities.
6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce
dust caused by the Recycling Activities.
6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of
the Recycling Activities.
6.5.6 Dustless Material. Surface the entrance to the Recycling Property and Retail Area
with a dustless material, including those materials set forth in Meridian Cites
11 -3C -5B-1.
Delete provision #6.9 Sunset on Composting: "Timber- Gr-eek's , e of the Reeyeli fi P,.,.PeA y f r
Agr-eemef4, pefmit eempostifig with revised eenditions, E)r- teffnifiate Timber- Greek's eempesti-ffg
on the Reey,.ling Property (,,,,loss r rmit4ed tinder the UDC). See recommended changes to
provision #4.8.
Add provision: "The leaching pond(s), if applicable-ald, and any other open water pond(s)
run off or drainage on the site shall be treated and maintained such that it does not become a
mosquito breeding ground as set forth in UDC 11 -3G -3B.8."
10. Add provision: "All mechanical eattioment eauipment. excluding all private or commercial
vehicles, and operations, power -driven processing equipment and operations, shipping and
delivery areas, and other outdoor activity on Recycling Property shall be located at least 300 feet
from abutting residential districts within the City of Meridian."
41. Add pr-avisiaw G
Propefty so as to cause or- er-eate a public nuisance frofn of -ensiye- odor atmos here „r harboring
of vectors. Waste shall be manai4ed and maintained in such a fnanner- that it will not be blow
d • d t + tie of f r+1. •n M d City Godo n 1 10."
washed
Add provision: " , Burning or incinerating other manfler to es g
dispose of solid waste or recyclable materials is prohibited on Property. as set f ft i„ Mef d:.,n
City Godo n 1 10."
13. Add pr-Ewisiow "Timber- Greek Ree ., lin shall adhere to all ., 1:eable federal, state .,,-,d 1. eal
laws d r „l.,tions that r., the collection, tr-a s or -ti .,d disposal of the r ,.1 1.10
iin'kter%rtrrl( sj-vcii=r;; coilcctca—
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