HomeMy WebLinkAbout2024-11-06 Elizabeth Koeckeritz GIVENS PURSLEYLLP
Attorneys and Counselors at Law
November 5,2024
Mayor and City Councilmembers
Attn:planning@meridiancity.org
City of Meridian,Idaho
RE:Timber Creek Recycling,Development Agreement Modification, H-2024-00032
Dear Mayor Simison and Meridian City Councilmembers,
Givens Pursley LLP represents Blackrock Homes,the owner of the Hadler Subdivision and the proposed Summerlin West
residential development,both of which are residential developments located within 1000'of the Timber Creek Recycling
Facility.Blackrock objects to any modification or extension of the current development agreement that(i)extends the
period of time before operations cease at the Facility and/or(ii)purports to increase the intensity of the use of the Facility
prior to cessation of operations.
The requirement that recycling operations cease within 30 days of issuance of a Certificate of Occupancy for any residential
development within 1000 feet of the property was included in both the original development agreement in 2016 and in the
2019 modified development agreement. Significant time was spent developing and vetting both development
agreements with stakeholders,past City Councilmembers,and Timber Creek who ultimately agreed to the terms
and signed the development agreements.
Blackrock has spent tens of millions of dollars in purchasing and development costs with the expectation that the Facility
would close within 30 days of the receipt of a residential C of O within the 1000'perimeter,and expects to receive such a C
of O in late fall 2025.
i
Any extension or expansion of Timber Creek's
nonconforming use will negatively affect Hadler subdivision
Blackrock's ability to sell homes.Blackrock asks this
Council to deny the proposed modifications.
In the event this Council considers modifying the DA,
Blackrock requests the following changes: Timber Summerlin Subdivision
Creek '
1.Delete Section 6.8.2 and all parts of Section 4.8 that Recycling
discuss termination and replace with: "All activities Facility
that are not allowed within the R-4 zoning district shall ro
cease by April 1,2027.This includes all recycling and ..- �` 4.
composting activities."
radius from
2.No later than January 1,2025,Timber Creek posts "Recycling 'Recycling
Property' Property"
two 4'x6'white signs with 12"red lettering that read: Boundary Boundary
"This Facility will close on 4/1/2027."The signs will
be posted at the main entry on Lake Hazel and on the
Columbia,near the intersection with Lake Hazel.
There is no reason to expand or intensify operations for a nonconforming use that is scheduled to close in two years.
We look forward to speaking with you about these proposed changes.Thank you for your attention to this matter.
Sincerely,
Elizabeth Koeckeritz