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Home My WebLink AboutBarbara J Miller and Miller Acres1 Chris Johnson From:Mark Perison <mark@markperison.com> Sent:Tuesday, September 18, 2018 3:46 PM To:City Clerk; Scott Taylor; Allison Rohnert Subject:H-2018-0042 MDS Letter Attachments:City Letter (09-18-18).pdf Dear City Clerk, Our office represents Barbara J. Miller and Miller Acres, LLC. Please see attached correspondence on their behalf related to the application referenced above. We request that you enter the letter as public testimony related to the application. Thank you. Mark D. Perison -- Mark D. Perison MARK D. PERISON, P.A. Mailing Address: P.O. Box 6575 Boise, ID 83707-6575 Physical Address: 314 S. 9th Street, Suite 300 Boise, ID 83702 Phone: (208) 331-1200 Fax: (208) 343-5838 Email: mark@markperison.com Website: markperison.com M A R K D. P E R I S O N, P.A. ATTORNEY AT LAW P.O. Box 6575 • Boise ID 83707 • 314 S. 9th Street, Ste. 300 • Boise ID 83702 office 208.331.1200 fax 208.343.5838 website www.markperison.com September 18, 2018 VIA EMAIL: cityclerk@meridiancity.org City of Meridian City Council 33 E. Broadway Avenue Meridian, ID 83642 Re: Timber Creek Recycling Application to Amend H-2018-0042 MDS Dear Mayor de Weerd and City Council Members, I’m writing on behalf of Barbara J. Miller, the principals of Miller Acres, LLC, which owns sixty-seven acres of ground located adjacent to the subject parcel currently being used by the Murgoitios and Timber Creek Recycling (their parcels are No. S1406212600 and S1406244200). My client again opposes the amendments to the Development Agreement the City entered into with Timber Creek Recycling. As was evident from the testimony and evidence presented at the first hearing, the current operations of Timber Creek far exceed those authorized in the original Development Agreement. What was originally permitted as a small operation to support the applicant’s livestock operation has ballooned into a fully functional industrial operation. To confirm this, you need only look at the application itself and the proposed amendment. The original Development Agreement stated that the applicant was entitled to “accept, process and utilize the Recycled Materials.” It did not mention wholesale and retail sales of such items. Nevertheless, Timber Creek is now, even prior to approval of an amendment, engaged in the wholesale of recycled materials. The original Development Agreement did not authorize the processing of food waste. But the evidence showed they are currently processing such waste. Ratifying the unauthorized expansion and allowing for even further expansion is simply inappropriate. The existing operation has caused severe problems for neighbors, an expanded operation will be disastrous. CITY OF MERIDIAN SEPTEMBER 18, 2018 PAGE 2 P.O. Box 6575 • Boise ID 83707 • 314 S. 9th Street, Ste. 300 • Boise ID 83702 office 208.331.1200 fax 208.343.5838 website www.markperison.com I also encourage the Council to consider the larger picture of development in the area. If the expanded use already being engaged in continues, and even further expansion is authorized, you will be granting the applicant a stranglehold on future development. No sane person will develop their property next to what looks and smells like a dump. The Murgoitio family and their related development entities at the time will be in an excellent position to buy up all surrounding development land at deep discounts. They, and only they, can then dictate when their operat ions will cease until 2030 and beyond, no doubt making last minute purchases of developable ground at low prices just before announcing their closure. While my clients continue to support recycling and sound environmental stewardship of our shared lands, the disruption to the daily lives of those who live near this project and the economic impact on adjacent landowners warrants are too great a cost to support this project. Simply put, this is the wrong project, in the wrong place, at the wrong time. Sincerely, Mark D. Perison MDP/ cc: client MARK D. P E R I S O N, P.A. ATTORNEY AT LAW November 20, 2018 VIA EMAIL: cityclerWmeridiancity.org City of Meridian City Council 33 E. Broadway Avenue Meridian, ID 83642 Re: Timber Creek Recycling Application to Amend H-2018-0042 MDS Dear Mayor de Weerd and City Council Members, On behalf of Barbara J. Miller and the principals of Miller Acres, LLC, I'm writing to express my client's concerns about the continuing violations of the existing Development Agreement ("DA"), which has not been formally amended, to express my client's continued opposition to the proposal to amend the DA, and my client's support of the statements of law in Mr. Leonard's memorandum to the City filed on November 7, 2018. 1. As various individuals have pointed out, the Applicant is proceeding as if the amended DA has been approved. The scope of operation has increased well beyond the limits of the initial DA. It is unclear why the City is allowing these continued violations when the amendments are still unapproved. You should consider this letter to be formal notification that the terms and conditions of the original DA are being violated and an inspection/investigation must be conducted by the City. 2. Despite the Council's vote to approve the amended DA, my client continues to assert that the approval is in violation of City Code and will be subject to reversal upon judicial review. 3. My client joins in the legal and factual arguments set forth in Mr. Leonard's Memorandum of Required Conditions as filed with the City on November 7, 2018. Although my client continues to oppose the approval of the amended DA in P.O. Box 6575 • Boise ID 83707 • 314 S. 9th Street, Ste. 300 • Boise ID 83702 office 208.331.1200 fax 208.343.5838 website www.markperison.com CITY OF MERIDIAN NOVEMBER 20, 2018 PAGE 2 its entirety, the only possible legal way to make such amendments lawful is to follow those requirements in the City's own code as outlined by Mr. Leonard. Thank you. MDP/ cc: client Sincerely, Mark . Perison P.O. Box 6575 • Boise ID 83707 • 314 S. 9th Street, Ste. 300 • Boise ID 83702 office 208.331.1200 fax 208.343.5838 Website www.markperison.com