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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— " WIFEM _ '