Loading...
HomeMy WebLinkAboutKathleen Britt1 Chris Johnson From:Kathleen Britt <kxbritt@gmail.com> Sent:Thursday, September 13, 2018 12:53 PM To:City Clerk Subject:Timber Creek Proposal for Sept. 18 Hearing The Meridian City Clerk 33 E Broadway Suite 104 Meridian, Idaho 83642 I wish to continue to go on record as being opposed to the application by Mike Murgoitio for the expansion of his waste management business on the NW Corner of Locust Grove and Columbia. Absolutely nothing has changed since the original application for the amended development agreement submitted by Mr. Murgoitio other than it becoming even more obvious that this is an Industrial operation attempting to expand into a residentially zoned area to the complete detriment of the surrounding neighbors and in complete non-compliance with the City’s comprehensive plan, current codes, future land use map, and the City’s stated goals, objectives and actions items. It is appalling and incomprehensible that instead of remedying past glaring process errors, if not complete violations of the law, the City has given Mr. Murgoitio a second chance to change and re-submit his application, and that the neighbors again have been granted no participation. There cannot be any credible dispute that this application consists of a different and expanded land use than ever existed when the original annexation and development agreement was put in place. I have lived on Jardine Lane since May of 2016. I drive by this location probably 14-28 times per week. I have observed an ever-increasing expansion of operations evidenced by an increase in truck traffic, higher volume of materials piling up on the property, higher piles of compost accumulating, and an increased volume of noise during an increased number of hours during the week and weekend. Mr. Murgoitio told us at the last neighborhood meeting that with this proposal, he will be bringing in an even greater volume of materials, adding different types of materials, and using different processes to get to his end-product. He admitted that this is why he should be moving from a Tier 1 composting facility at the DEQ to a Tier II. According to the DEQ representative that will be handling this application should it pass, this is an industrial operation, as they would have oversight, whereas in an agricultural Tier 1 level they would not. He also indicates that Mr. Murgoitio has already had a recent violation on his property for processing, specifically mixing materials, because that is not allowed under his current operations. So again, this is CLEARLY a change and expansion of what was originally being done and being allowed on this property. It is quite frustrating that despite a large volume of testimony presented by neighbors affected by this proposal, the quality of life issues are being ignored. Particularly, since the City’s zoning and planning commission itself has stated concerns and continues to state concerns, noting the City is putting itself in a position of liability, and of wasting resources handling complaints and defending probable litigation. Despite neighbors numerous attempts to voice complaints to the City and to Mike directly, there has been no response and no resolution. Mike is currently in violation of the requirements of the Dept of Agriculture and also has been found in violation of the DEQ for operating outside his limitations. The Dept of Agriculture has requirements about products, not processes. The DEQ relies essentially on self-reporting once an operation is approved and has little enforcement capabilities. So self-reporting is not likely to be effective here. There is nothing in existence to test or protect surrounding properties when there are site or operations failures. Of increased concern is the fact that Mike informed us he has 2 fuel tanks on his site now and he was unaware as to how those would be affected/protected in the case of a fire. He indicated some barriers had been erected to keep cars from running into the tanks, but seemed unaware of risk of explosion due to fire. Add to this the fact that Mike, himself indicates he is unaware of any insurance that he has that would deal with likely neighborhood issues of noise, dust, and odor. (The city should know these exposures are not covered in commercial policies due to pollution exclusions). The DEQ representative did indicate the plan for 2 odor is an odor management plan not an odor elimination pl an and that he is aware there will be odors, based on his visits at the Boise facility, which he agreed is NOT in a residential area. Mike has indicated that he will comply with whatever the City asks for. He has indicated he has storage available at the Republic Services location where he could do his grinding operations. The City not only has the opportunity but the obligation to require a CUP, yet has thus far failed to do so. In 2003, the City denied a developer’s application to build a resid ential subdivision near the sewer treatment plant because the land is zoned industrial and future residents would be exposed to odor. Why would the City now accept an application to insert an industrial composting facility into the middle of an already-existing residentially zoned area containing multiple residential subdivisions? In a newspaper article from 2005, documenting the denied application, several relevant statements were made: “The City focuses on making sure development follows the City’s comprehensive plan and that new subdivisions (AKA…development) don’t result in poor quality of life for existing residents”, according to Mayor de Weerd. “Meridian risks being sued when a property owner wants to develop land within city limits in a way that doesn’t match a City’s comprehensive plan”. Why would the City’s position now be reversed? Lastly, the protection of all residents in the area surrounding this dump and should be ensured with an agreement that upon a notice from any other agency that a certificate of occupancy has been issued to a property within 1000 feet of this operation, despite which municipality it falls into, Mike would have to cease operations or gain required approvals…not just to those within Meridian City limits. It is difficult to understand how this process has gotten to where it has gotten, considering the purpose of zoning laws is to provide consistency and predictability and to create different areas for different uses. This industrial land use should not be approved in anyone’s back yard, because dumps don’t belong in residential areas where people live. I respectfully ask that the Mayor and the City Council do the job they were elected to do and protect the overall interest of all the citizens it represents. Sincerely, Kathleen Britt 1 C.Jay Coles From:Luke Cavener Sent:Thursday, October 04, 2018 3:44 PM To:C.Jay Coles Cc:kxbritt@gmail.com Subject:Fwd: Question Hi C.Jay, Below is an email exchange between myself and Kathleen Britt(cc’d on this email). It sounds like Chris Johnson has had some communication with Kathleen in which he shared that I can’t speak about the Timber Creek Application because it is still an open application. In light of this I think it’s important to include this email exchange within the record as well. Thanks for your help, much appreciated. LC Sent from my iPhone Begin forwarded message: From: Luke Cavener < lcavener@meridiancity.org > Date: October 4, 2018 at 3:18:01 PM MDT To: Kathleen Britt < kxbritt@gmail.com > Subject: Re: Question Hi Kathleen, maybe I’m confused. The City Clerk is C.Jay Coles. Are you referring to the County Clerk? His name is Chris Rich, I’m not sure campaign finance forms for the city are housed on the county webpage. I’m happy to help, but want to make sure we are talking about the same thing. My cell is 2086954536, feel free to give me a call. Thanks, Luke Sent from my iPhone On Oct 4, 2018, at 3:01 PM, Kathleen Britt < kxbritt@gmail.com > wrote: And so which contribution were you referring to in the hearing? On Thu, Oct 4, 2018 at 3:00 PM Kathleen Britt < kxbritt@gmail.com > wrote: Chris is the City Clerk. On Thu, Oct 4, 2018 at 2:45 PM Luke Cavener < lcavener@meridiancity.org > wrote: Hi Kathleen, I’m not sure who is Chris and what record you are requesting. All campaign finance forms for all candidates are on the City webpage. Sent from my iPhone 2 > On Oct 4, 2018, at 2:40 PM, Kathleen Britt < kxbritt@gmail.com > wrote: > > Chris recommended I contact you directly for information regarding the campaign donation from the Murgoitios that you referred to during the public hearing so that he can provide the record. > > Could you identify the date and amount of the contribution and the name it was made under so Chris can provide the correct record? > > Thank you! > > Kathleen > > Sent from my iPhone City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.