HomeMy WebLinkAboutCC - Staff Report for 11-12 Updated COMMUNITY DEVELOPMENT C��fEPIDIAN*,,
DEPARTMENT REPORT
HEARING November 12,2024 -
DATE:
Continued from:August 20 and
September 17, 2024 __ innf,
TO: Mayor& City Council
FROM: Sonya Allen Associate Planner
y
208-884-5533 - I - - `-----1--
I I_
sallen@meridiancity.org
APPLICANT: Engineering Solutions,LLP e `
SUBJECT: H-2024-0032 legend
Timber Creek Recycling—MDA Project location
':' Area of Impact
LOCATION: Northwest corner of S. Locust Grove Rd. `- city limits
and E. Columbia Rd.,in the SE 1/4 of 0 Analysis
Section 6, T.2N.,R.IE.
I. PROJECT OVERVIEW
A. Summary
Modification to the existing development agreement(H-2018-0042, Inst. #2019-053058)to further
clarify the current and future permitted uses and timelines,create guidelines to allow for efficient and
continued use of the property, and ensure the operation is meeting all State and Federal guidelines.
B. Issues/Waivers
None
C. Recommendation
Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify
the existing approved use and approval of other changes as noted in Section III below.
D. Decision
To be determined
II. COMMUNITY METRICS
Table 1: Land Use
Description Details
Existing Land Use(s) Recycling&composting of materials
Proposed Land Use(s) No changes proposed
Existing Zoning R-4(medium low-density residential)
Future Land Use Designation LDR(Low-density Residential)
City of Meridian I Department Report 1. Project Overview
Table 2: Process Facts
Description Details
Preapplication Meeting date 5/14/2024
Neighborhood Meeting 4/30/2024
Site posting date 8/7/2024 and 9/4/2024
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. History
This property was annexed with an R-4 zoning district in 2016 as part of the larger South Meridian
annexation,which incorporated a total of 1,322-acres of land in south Meridian.A Development
Agreement(DA)was recorded for this property as a provision of annexation(Murgoitio LLC—Inst.
#2016-007075). The agreement allowed any currently allowed use in the County pertaining to raising
and maintaining livestock;discharge of firearms; currently stored or maintained farm equipment,
vehicles,materials necessary for the agricultural operation of the property, etc. to remain on the
property; and continued operation of Timber Creek Recycling on the property as an interim use,until
such time as the property is developed in the future. The agreement outlined the primary activities of the
recycling business,including the type and amounts of materials delivered to the site daily from the Ada
County Landfill and miscellaneous contractors (i.e. wood,grass,leaves, sheetrock and other materials);
and the recycling activities that were approved to operate on the site. It also included details on the
termination of recycling operations on the site.
A modification to the DA was approved by City Council in 2019 [L& G Murgoitio,LLC (H--2018-
0042)—MDA Inst. #2019-053058],which replaced the original DA. The amendment added a
commercial composting component and retail sales to the existing recycling operations on the site and
included a concept plan depicting the layout of the site and location of specified operations. Materials
proposed for composting consist of food and garden waste and demolition debris; additional activities
and equipment associated with the use were included in the agreement. The amendment also removed
the daily limit for deliveries to the site of certain types of materials resulting in unlimited deliveries.
Hours of operation for the composting program were also included.
On April 16,2019,a Petition for Judicial Review of the City Council's decision was filed by several
neighbors near the property. The parties litigated the matter for 2.5 years, and on November 24,2021,
the District Court entered a judgment upholding the City Council's Findings of Fact and Conclusions of
Law.
Many letters of testimony on the previous application were received by the City from nearby residents
for and against the proposed business expansion and DA amendment. A general summary of the
testimony includes the following concerns/comments pertaining to the proposed use: (see the public
record for more detailed information)
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;
City of Meridian I Department Report III. Staff Analysis
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 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.
Table 3: Project Overview
Description Details
History H-2015-0019 South Meridian(Murgoitio LLC—Inst.#2016-007075);H-
2018-0042(L&G Murgoitio,LLC—MDA Inst.#2019-053056)
Acreage 80.52-acres
B. General Overview
The Applicant requests a modification to the existing development agreement(H-2018-0042, Inst.
#2019-053058)to further clarify the current and future permitted uses and timelines, create guidelines to
allow for efficient and continued use of the property, and ensure the operation is meeting all State and
Federal guidelines. This modification, if approved,will replace the previous DA in its entirety and
removes the parcel(i.e. Parcel 2) from the agreement located on Lake Hazel Rd.where some business
operations were occurring as that property has since redeveloped. The existing site plan,included in
Section VI.B below is proposed to be replaced with the updated site plan in Section VI.C.
C. Staffs Analysis
The Applicant has submitted a full version of the proposed amended DA in strike-out/underline format
showing the existing text and proposed changes to the agreement,which is included in the public record
and also linked in Section VI.D below. The Applicant's narrative describing a summary of the proposed
changes is also included in the public record.
City of Meridian I Department Report III. Staff Analysis
The main changes proposed to the agreement are as follows: (Staffs analysis of the proposed change is
included in italics below each item)
• The list of materials received on the site for recycling,which are currently specified, are
proposed to be removed to allow"any"materials,provided they're not prohibited by the Idaho
Department of Environmental Quality(IDEQ) and Central District Health(CDH) (i.e. #5.1); a
provision has been added that clarifies recycled materials do not include biosolids as defined by
IDEQ(i.e. #5.1).
Staff is in favor of clarifying that biosolids are not an allowed recyclable material on the site.
Of particular concern is the processing of a product called Waste Activated Sludge (WAS),
which is sludge produced from a non-municipal wastewater treatment or disposal facility.
According to IDEQ, Timber Creek Recycling is currently processing WAS at this property.
Assuming this is processed into a soil amendment for agricultural use, this is allowed under the
current development agreement. However, it is unclear whether this is allowed under the
currently approved IDEQ/CDH operating plan.
Staff is not in favor of removing the specific materials that are allowed due to possible
negative impacts from new materials on adjacent residential neighbors, which could result in
issues that aren't able to be addressed by Code Enforcement. Listing specific materials
provides clear direction on what materials are and are not allowed to be recycled on the site.
If City Council does approve this modification proposed by the applicant, staff would strongly
advise City Council to require that the current operating plan, and any future operating plan,
be appended to the modified agreement, and incorporated by reference.
• Clarification that recycling and associated activities will not include any materials or activities
that are prohibited by IDEQ or CDH and removal of the description of each activity(i.e. #5.1).
Staff is in favor of clarifying that recycling and associated activities won't include any materials
or activities that aren't allowed by IDEQ or CDH. However,Staff is not in favor of removing
the descriptions of each activity as the descriptions provide clear direction on what activities
are allowed to occur on the site.
• The existing agreement specifies the operation of Timber Creek Recycling on the portion of the
site depicted on the site plan as "Recycling Property"is allowed to be conducted on the property
for a maximum period of 10 years from the date City Council approved the signed DA,which
was on 6/11/2019. The use would terminate on 6/11/2029 unless Timber Creek submits a request
for Council to review the recycling activities(no later than one(1)year prior to the expiration
date)and determine whether to permit the recycling activities to continue (i.e. #4.8).
The Applicant proposes to remove the maximum operating period of the recycling activities on
the site and includes a 5-year maximum timeline on composting activities with an option for an
extension(i.e. #6.14.1). The Applicant states the change is necessary to meet the requirements of
IDEQ,providing a hard deadline.Since the last hearing, the Applicant met with the neighbors
and based on testimony presented at the public hearing and feedback from nei,-hbors, a
Phased Transition Plan was submitted for the next three(3) years for all operations to be
completed by December 2027, included in Section VI.F. The Plan focuses on the following
issues:odor, dust, volume and accountability and proposes a timeline for addressing these
issues.
Staff is not in favor of the proposed change to remove the maximum time period of 10 years
for recycling activities or the new proposed 5-year timeline for composting activities. Staff
recommends the existing timelines remain for the overall use and that the composting use is
included in the provision.
• Inclusion of a statement requiring compliance with all federal, state and local entities with
jurisdiction, including,but not limited to IDEQ, CHD,Department of Agriculture,U. S.
Environmental Protection Agency,U. S. Department of Agriculture,the Ada County Air Quality
City of Meridian I Department Report 111. Staff Analysis
Board, and the Idaho Department of Water Resources(#6.2). 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. If a violation is found, actions to be taken by Timber Creek are included.
Staff is in support of this change.
• Removal of the truck limitation requirement(i.e. 56 truckloads per day). The Applicant states
the change is due to the difficulty in keeping track of the number of vehicles and the burden it's
placed on operation of the facility(i.e. #6.6.3).
Staff is not in support of removing the truck limitation as it could result in a much greater
number of deliveries to the site, which could negatively impact traffic and neighbors in the
area and leave Code Enforcement with no way to address issues if they arise.
• Removal of the requirement for operations to cease on the site within 30 days of the City
granting a Certificate of Occupancy to any new residential or commercial development within
1,000 feet of the recycling property(i.e. #6.8.2).
Staff is not in favor of removing this requirement as the use will likely negatively impact
future residents in this area as existing residents have complained about the negative impacts
they've experienced from the facility. Land has been annexed into the City within SSO feet of
the facility for the development of Hadler Subdivision northeast of the site;a final plat has
been approved within 675 feet of the facility—the first Certificate of Occupancy will likely be
issued within the next year, which will require recycling operations to cease on the site.
- I
DISCOVERY
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• An updated site plan is included in Section VI.0 below; the existing site plan is included for
reference in Section VI.B.
Staff is amenable to replacing the existing site plan with the updated site plan as it appears to be
generally the same.
City of Meridian I Department Report III. Staff Analysis
• Removal of Parcel 2 from the boundary of the property subject to the amended DA due to that
property being redeveloped into residential lots; see legal description and exhibit map included
below in Section VI.E for property subject to the amended DA.
Staff is in favor of updating the area subject to the amended DA.
In summary, Staff recommends denial of all changes to the DA that expand,extend and/or
intensify the existing approved use.
To date,t4ee-(3)many letters of public testimony against expansion and extension of the existing use
have been received(see public record for more information).
IV. AGENCY COMMENTS
Agency comments may be accessed in the project file, included in the public record.
V. ACTION
A. Staff:
Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the
existing approved use and approval of other changes as noted in Section III above.
A. City Council:
The Meridian City Council heard these items on August 20t'and September 17t''; at the hearing on
September 17t'',Council continued the MDA application to November 12, 2024.
1. Summary of the City Council public hearing
a. In favor: Caleb Lakev,Applicant's Representative:Mike Murgoitio,Applicant; Becky
McKay,Engineering Solutions(Applicant's Representative)
b. In opposition: Quinn Black: Joann Tima: Clancy O'Hara:Lou Murgoitio:Ken McAfee:
Brenda Blitman; Troy Allen; Anna Canning, Centurion Engineers (on behalf of
neighboring property owner); Tony Mayer; Marla Fund: Gena Russell; Todd Edgar; Ken
Jantz; Billie Jean Black: Jim Cox; and Debbie Allen.
c. Commenting:None
d. Written testimony: Many letters have been submitted(see public record)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Lacy Ooi, Code Enforcement
2. Key issue(s)of public testimony:
a. Negative air quality from grinding of concrete and odor generated from use:
b. Health concerns due to silica dust in the air generated from the site:
c. Water and air quality concerns for children and residents in the area:
d. In support of the recycling services provided by this business and reduction of waste in the
landfill:
e. Odors from the facility smell like human waste and rotting flesh and fine white dust
concrete,rocks?) generated from the facility—would like to see the uses associated with
these issues cease. The use doesn't belong in residential neighborhood.Lack of fairness
involved—other industrial users have to have approval to operate and be in an industrial
area:
f. The use doesn't comply with the UDC—nurnose statement of the district,non-conforming
use,not requiring a CUP for the use, etc. Code violations on the site, including the use
being a public nuisance.
g Concern due to cancer causing toxins in the air; request for a narrower timeline to off-load
to other site in Nampa:
h. Request for concrete and rock crushing and sludge be immediately removed.
City of Meridian I Department Report V. Action
i. No public opportunity to comment on the use originally:use should have gone through a
conditional use permit: limited accountability of the user: against extension of use:
Frustration that none of the agencies seem to be able to make a decision on whether or not
the Applicant is operating in violation of the DA and/or applicable regulations.
3. Key issue(s) of discussion by City Council:
a. None
4. City Council change(s)to Staff recommendation:
a. None
City of Meridian I Department Report V. Action
VI. EXHIBITS
A. Aerial Photo
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Project Location
Area of Impact
Analysis
City of Meridian I Department Report VI. Exhibits
B. Existing Site Plan
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City of Meridian Department Report VI. Exhibits
C. Proposed Site Plan
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City of Meridian Department Report VI. Exhibits
D. Proposed Amended Development Agreement
Link:
https://weblink.meridianciV.oLy WebLink/DocView.aspx?id=355103&dbid=0&repo=MeridianQU
City of Meridian I Department Report VI. Exhibits
E. Legal Description of Property Subject to the Amended Development Agreement
EKHIBIT A
ANNEXATION LIESCRIPTION
FOR THE
CITY OF MERIDIAN,IDAHO
L&G MURGOITIO,LLC-PARCEL NO.2
A parcel located in the E h of the SE % of Section 6, Township 2 North, Range 1 East, Boise
Meridlan,Ada County,Idaho,more particularly described as follows:
BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE of the
SE ,from which an aluminum cap monument marking the northeasterly corner of the SE A of
said Section 6 bears N 0'04'44"W a distance of 2655.72 feet;
Thence N 89°21'59"W along the southerly boundary of Bald E�5 of the SE 1G a distance of 1323.88
feet to the southwesterly corner of said E%of the SE%;
Thence N U'02'17"W along the westerly boundary of said E�i of the SE N a distance of 2655.45
feet to the northwesterly corner of said E 14 of the SF%;
Thence S SF22'37" E a distance of 1321.98 feet to an aluminum cap monument marking the
northeasterly corner of said E M of the SE%;
Thence S 0°04'44" E along the easterly boundary of Bald E h of the 5E y4 a distance of 265532
feet to the POINT OF BEGINNING.
This parcel contains 80.64 acres.
NOTE. This descriptlon was prepared using record information including Record of Surveys,
subdivision plats and deeds acquired from the Ada County Recorder's office. No Meld survey has
been performed.
Prepared by; Glenn K. Bennett,PLS PF1
Clv115urvey Consultants, Incorporated so �
C�cto6er 13,2015 082 0
Of
K.
Meridian City Caunsil Meeting Agenda June 11.2019— Page 170 of 396
City of Meridian I Department Report VI. Exhibits
EXHIS1T A
SKETCH TO ACCOMPANK ANNEXATION DESCRIPTION FOR THE
CITY OF MERIDIAN LOC,4TED IN THE E 112 OF THE SF 114
OF SECTION 6, TOWNSHIP NC TI-1, RANGE 1 EA1 ST,
SOISE MERIDIAN, AAA COUNTY,, I AH0
5 8.9�2:37" � T321.96'
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F 116 N 897 59" W 1.32.3.$8' 7 8
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5082
CIVIL SURVEY CONSLILTAWS, INC.
2803 SOUTH MERIDIAN ROAD
4' d7 MERIDIAN, IDAHO 8K42
(248)868-4312
Mendan City Councif Meeting Agenda Juna 11, — Page 181 of 396
City of Meridian I Department Report VI. Exhibits
F. Phased Transition Plan
Timber Creek Recycling
"Engineering waste to its highest and best use"
Date:October 28 ,2024
Phased Transition Plan for the Meridian Compost Site
7695 S. Locust Grove Rd
Meridian, ID 83642
Phase Focus 2024Timin %of total Cheese
g WAS diverted
Odor
❑ Stop regularly receiving Cheese Qt Q2 Q3 Qa
#1 WAS on weekends at the Meridian
site
(Complete Dust
by Effective November 11, no more
December
2024) Con crete/As p ha ltlTi Le/Porcela i nl
Q7 Q2 Q3 Q4
Brick accepted at the Meridian
site
o Continue regular dust control
measures(i.e.watertruck)
Volume
At least 25%of the inbound Q1 Q2 Q3 Q4
Cheese WAS diverted from the 25%
Meridian site
Accountability
❑ Present finaltransition plan to Q1 Q2 Q3 Q4
Meridian City Council
i
TCR Transition Plan 2024-2027
City of Meridian I Department Report VI. Exhibits
Phase Focus 2025 Timing I/°of total Cheese
WAS diverted
Odor
c: Pilot the addition of Calcium Q1 Q2 Q3 Q4
#2 Hydroxide,"lime"(Ca(OH)z),to
itL inbound Cheese WAS(Q1)
o Ongoing coordination with Sorrento
Lactalis Cheese Plant
(Complete o FuLlyimpLementadditional
by successful odor control measures
December (Q2)
2025)
Dust
Finalcrushingof
Concrete/Asphalt/Tile/Porcelain/
Brick at the Meridian Site (Q1] Q1 Q2 Q3 Qq
c: Continue regular dust control
measures(i.e.water truck)
Volume
o Complete engineeringfor new ASP Q1 Q2 Q3 Q4
pad(Q2)
o Additional ASP pad(1 of 2)under 50
construction at the Nampa site(Q3)
o Additional 25%of inbound Cheese
WAS diverted from the Meridian site
(Q4)
Accountability
e Quarterly inspections with Meridian Q1 Q2 Qa Q4
City Code Enforcement
2
TCR Transition Plan 2024-2D27
Phase Focus 2026 Timing °ro of total Cheese
WAS diverted
Odor
o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4
#3 ad or control measures
YF�7 Dust
(Complete o Continue regular dust control
by measures(i.e_watertruck) Q1 Q2 Q3 Q4
December
2026) Volume
o Complete engineering for now ASP 100%
pad(Q2)
o Additional ASP pad(2 of 2)under Q1 I Q2 I Q3 Qq
construction at the Nampa site(Q3)
0 100%of the Cheese WAS diverted
from the Meridian site(Q4)
Accountability
o Quarterly inspections with Meridian Q1 Q2 Q3 Q4
City Code Enforcement
3
TCR Transition Plan 2024-2027
City of Meridian Department Report VI. Exhibits
Phase Focus 2027 Timing %of total Cheese
WAS diverted
Odor
No cheese WAS received at Q1 Q2 Q3 Q4
#4 the Meridian site
Dust
(Complete o Continue regular dust control
by measures(i.e.water truck) Q1 Q2 Q3 Q4
December
2027E
Volume
o Sale or transfer of reniaininb 100a�
inventory Q1 Q2 Q3 Qa
o Movement of
compost/recycling materials
and infrastructure off of the
site
Accountability
o Quarterly inspections with
Meridian City Code
Q1 Q2 Q3
Enforcement Q4
c• Final site walk through with
Meridian Code Enforcement
(Q4)
4
TCR Tra nsition Pla n 2024-2027
City of Meridian I Department Report VI. Exhibits