HomeMy WebLinkAboutZ - Approved FindingsCITY OF MERIDIAN c¼ FINDINGS OF FACT, CONCLUSIONS OF LAW, EFINAL DECISION, AND ORDER
Date of Order:
Case No.:
Applicant:
In the Matter of:
January 7, 2025
H-2024-0032 (TCR -MDA)
Engineering Solutions, LLP
Request for modification of existing development agreement
(H-2018-0042, Inst. #2019-053058)
Pursuant to testimony and evidence received regarding this matter at the public hearings before
the Meridian City Council on August 20, 2024, September 17, 2024, November 12, 2024, and
December 17, 2024, as to this matter, the City Council enters the following findings of fact,
conclusions of law, final decision, and order.
A.Findings of Fact. The City Council finds that:
1.The facts pertaining to the property at issue, located on the northwest comer of S. Locust
Grove Rd. and E. Columbia Rd. ("Property"), the request made by Engineering
Solutions, LLP on behalf of property owner L&G Murgoitio, LLC ("Applicant"), and the
notices and hearings are set forth in section 11l(A) of the December 17, 2024 staff report
for Case No. H-2024-0032, which is attached hereto as Exhibit 1 ("Staff Report").
Section IIl(A) of the Staff Report is incorporated in these findings of fact as though set
forth fully herein.
2.The Property was initially annexed into the City of Meridian by ordinance adopted by
City Council on January 26, 2016, and the initial development agreement was recorded
on January 27, 2016. Currently, the Property is subject to a first modified development
agreement (H-2018-0042), recorded in Ada County as instrument no. 2019-053058
("June 11, 2019 MDA").
3.The modifications to the June 11, 2019 MDA requested by Applicant and approved by
City Council on December 17, 2024 reflect the culmination of multiple iterations of
proposed modifications of the June 11, 2019 MDA over the course of the public hearings.
(The August 20, 2024 hearing was continued due to a noticing error.) Such iterations are
attached hereto and may be summarized, in relevant part, as follows:
a.At the September 17, 2024 public hearing, among other modifications to the June 11,
2019 MDA, Applicant proposed to:
1)Eliminate the list of materials that Timber Creek Recycling ("TCR") may use for
the Recycling Activities, and instead agree to use only materials not prohibited by
the Idaho Department of Environmental Quality ("IDEQ") or Central District
Health ("CDH").
FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION, AND ORDER
Case No. H-2024-0032 (Timber Creek Recycling) Page 1
2) Eliminate the list of allowed Recycling Activities, and instead agree to undertake
only activities not prohibited by IDEQ or CDH.
3) Remove the daily limitation on the number of trucks delivering materials to the
Property.
4) Add a commitment to keep the Property free of public nuisance conditions.
5) Amend the deadline for TCR to cease the Recycling Activities on the Property to
five (5)years from the date of execution of the modified development agreement,
with an option for Applicant to request an additional extension following City
Council review.
6) Provide that if the Property were sold to a developer, TCR would be permitted to
continue operating, at the purchasing developer's discretion.
7) Toll all deadlines in the event the modified development agreement is challenged
or appealed.
b. At the November 12, 2024 public hearing, among other modifications to the June 11,
2019 MDA, Applicant proposed to:
1) Keep the list of materials that TCR may use for the Recycling Activities, but
clarify that"cheese whey WAS" is categorized as food waste, and is therefore
permissible for use for Recycling Activities.
2) Keep the list of allowed Recycling Activities, with no material changes to the list
in the June 11, 2019 MDA.
3) Keep the daily limitation on the number of trucks delivering materials to the
Property, with no material changes in that regard to the June 11, 2019 MDA.
4) Add a commitment to keep the Property free of public nuisance conditions.
5) Amend the deadline for TCR to cease the Recycling Activities on the Property,
from June 11, 2029 (under the June 11, 2019 MDA) to December 31, 2027, and
require that TCR follow a transition plan with milestones for progressively
lessened use of the Property for Recycling Activities over time, until the
December 31, 2027 Termination Date.
6) Provide a schedule of graduated administrative fines to be applied in the event of
TCR's failure to comply with the transition plan.
This version did not provide that if the Property were sold to a developer, TCR would
be permitted to continue operating, at the developer's discretion; nor did this version
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 2
propose to toll all deadlines in the event the modified development agreement is
challenged or appealed.
c. At the December 17, 2024 public hearing, among other modifications to the June 11,
2019 MDA, Applicant proposed to:
1) Add, as an exhibit, a more specific list of permitted materials; and eliminate as
materials permitted for use for the Recycling Activities the miscellaneous
category of"other materials . . . which are of the same category as the materials
identified . . . or are intended for agricultural uses."
2) Keep the list of allowed Recycling Activities, with no material changes to the list
in the June 11, 2019 MDA.
3) Keep the daily limitation on the number of trucks delivering materials to the
Property.
4) Add a commitment to keep the Property free of public nuisance conditions.
5) Amend the deadline for TCR to cease the Recycling Activities on the Property,
from June 11, 2029 (under the June 11, 2019 MDA) to June 30, 2027, and require
that TCR follow a transition plan with milestones for progressively lessened use
of the Property for Recycling Activities over time, until the June 30, 2027
Termination Date.
6) Commit to posting signs on the Property, facing S. Locust Grove Road, and
Columbia Road, stating that the facility will close on June 30, 2027.
This version did not provide a schedule of graduated administrative fines to be
applied in the event of the TCR's failure to comply with the transition plan.
4. City Council's action on Applicant's request is subject to Idaho Code section 67-6511A,
which states that a development agreement"may be modified only by the permission of
the governing board after complying with the notice and hearing provisions of section 67-
6509, Idaho Code."
5. City Council's action on Applicant's request is further subject to Meridian Unified
Development Code section 11-5B-3(F)(2), which reads, in relevant part: "A
development agreement may be modified by the city or an affected party of the
development agreement. Decision on the development agreement modification is made
by the City Council in accord with this Chapter."
6. City Council's action on Applicant's request is further subject to Table 11-5A-2 of the
Meridian Unified Development Code, which provides that the Director of the Community
Development Department (or staff designee) is to make a recommendation regarding the
request for a development agreement modification, and City Council is to make the final
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 3
decision, following a public hearing process set forth in 11-5A-6. Staff, City Council,
and Applicant did follow this process, as detailed in Table 2, section II of the Staff Report
attached hereto as Exhibit 1, which table is incorporated as though set forth fully herein.
Compliance with this process does meet the notice and hearing requirements of Idaho
Code section 67-6509.
7. Testimony and evidence in opposition to Applicant's request was received prior to and on
September 17, 2024, November 12, 2024, and December 17, 2024. Such testimony and
evidence may be summarized as follows:
a. At the September 17, 2024 public hearing, citizens testified about their concerns
regarding TCR's current operations, including processing of waste-activated sludge
WAS"), creating conditions of foul odors, blowing dust, Cair pollution, unsightly
materials, noise from the grinder, truck traffic, and potential health impacts. Citizens
testified that the City should honor the June 11, 2019 MDA's commitment that the
use would cease when residential development was within 1,000 feet of the property,
and that the current and proposed ongoing use is incompatible with the residential and
other uses in the area.
b. At the November 12, 2024 public hearing, citizens testified about their concerns
regarding TCR's accountability for compliance with the terms of the current
development agreement and operating plan, TCR's compliance with the proposed
transition plan, air and water pollution, processing of WAS, truck traffic, and foul
odors. A representative of the developer of a nearby subdivision requested denial of
the extended operational period, or, alternatively, a requirement that Applicant post a
sign on the Property announcing when TCR operations would cease. Citizens
testified that a two-year closure deadline would be preferable, and that the modified
agreement should include liquidated damages.
c. At the December 17, 2024 public hearing, citizens asked City Council to deny the
request for the proposed modifications and hold Applicant to the terms of the June 11,
2019 DA.
8. Testimony and evidence in support of the Applicant's request was received on September
17, 2024, on November 12, 2024, and on December 17, 2024. Such testimony and
evidence may be summarized as follows:
a. At the September 17, 2024 public hearing, citizens testified that TCR's activities
divert discarded materials from landfills, that they emit little dust, and that TCR
should be allowed to continue the activities until its other location in Nampa is
operational. Citizen testimony also suggested that dust may be attributed to unrelated
truck traffic or construction in the area. The Applicant testified that TCR is part of
the waste management system in Ada and Canyon Counties, repurposes and uses
material that would otherwise be left in the landfill, and needs the additional time to
transfer its current operations from the Property to TCR's Nampa location due to
unforeseen conditions and delays.
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 4
b. At the November 12, 2024 public hearing, a citizen testified that he had testified
against the request at the September hearing, but had changed his mind to support the
request after touring the Property and learning about benefits of the Recycling
Activities. Meridian Code Enforcement Supervisor Lacy Ooi testified that having a
plan in place contemplating TCR's measured closing of operations and departure
from the Property would facilitate cleanup of the Property as well as public safety.
The Applicant testified that since the September hearing, TCR had undertaken efforts
to treat the WAS to mitigate odors and to cease crushing concrete and asphalt, and
prepared a plan for ceasing operations, with specific milestones.
c. At the December 17, 2024 public hearing, the Applicant reported that TCR passed its
annual inspection by CDH on November 19, 2024, diverted a significant portion of
WAS to its plant in Nampa, and has started applying lime on incoming materials in an
effort to mitigate odors.
9. At the November 12, 2024 public hearing, representatives of CDH testified that:
a. While CDH did issue warnings of operation plan violations related to odor
complaints, no formal notice of violation had been issued to TCR for violation of the
operating plan approved by the Idaho Department of Environmental Quality.
b. No public health threat is associated with the Recycling Activities at Timber Creek.
10. Based on the testimony and evidence received, the City Council finds that it is in the best
interest of the City of Meridian to amend the June 11, 2019 MDA to incorporate the
modifications proposed at the December 17, 2024 public hearing. Such modifications
will serve the public interest by:
a. Clarifying which materials may be used for the Recycling Activities;
b. Providing an enforcement mechanism to the Code Enforcement Division of the
Meridian Police Department, in the event of a nuisance condition on the Property;
c. Providing a date certain for the cessation of Recycling Activities on the Property, i.e.,
June 30, 2027, which date does allow TCR's operations after the potential earliest
deadline for cessation under the terms of the June 11, 2019 MDA, but also requires
cessation of operations earlier than the potential latest date allowed under the terms of
the June 11, 2019 MDA, and further provides certainty and clarity regarding the date
TCR will cease operations at the Property;
d. Following the transition plan and facilitating the cessation of the Recycling Activities
while also allowing TCR to continue providing the benefits to the community offered
by the operation; and
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 5
e. Notifying the public of the timeline for cessation of the Recycling Activities by the
provision requiring Applicant to post signs to that effect on the Property.
B. Conclusions of law. The City Council concludes that:
1. The modification of a development agreement is governed by the Local Land Use
Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code, specifically
Idaho Code section 67-6511A, and City Council takes judicial notice of same.
2. Meridian Unified Development Code ("UDC") section 11-513-3(17)(2) governs the
modification of a development agreement, and City Council takes judicial notice of same,
as well as of all current zoning maps and the City of Meridian Comprehensive Plan.
3. Though City Council received conflicting testimony, City Council's findings of fact are
supported by substantial competent evidence in the record, as contemplated by Price v.
Payette County Board of County Commissioners, 131 Idaho 426, 429 (1998) and Davisco
Foods International, Inc. v. Gooding County, 141 Idaho 784, 789 (2005).
4. Pursuant to Idaho Code section 67-6503, the City of Meridian has properly exercised the
powers conferred by LLUPA.
C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council
hereby grants Applicant's request for modification of the June 11, 2019 MDA as proposed at
the December 17, 2024 public hearing.
D. Final decision. Upon approval by majority vote of the City Council, this is a final decision
of the governing body of the City of Meridian.
E. Judicial review. Pursuant to Idaho Code section 67-6521(1)(d), if this final decision had
concerned a matter enumerated in Idaho Code section 67-6521(1)(a), within twenty-eight
28) days after all remedies have been exhausted, including requesting reconsideration of
this final decision as provided by Meridian City Code section 1-7-10, an affected person
aggrieved by this final decision would have had the opportunity to seek judicial review of
this final decision as provided by Chapter 52, Title 67, Idaho Code. This notice is
provided as a courtesy; the City of Meridian does not admit by this notice that this
decision is subject to judicial review under LLUPA.
In the Decision entered on November 24, 2021, in Brown et al. v. City of Meridian (Ada
County Fourth Judicial District Case no. CVO1-19-06894), District Judge Derrick J.
O'Neill held that City Council's decision to modify a development agreement is not a
matter enumerated in Idaho Code section 67-6521(1)(a), and is therefore not subject to
judicial review.
F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-
6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 6
may submit a written request with the Meridian City Clerk for a regulatory takings
analysis.
7th
IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this
day of January, 2025.
COUNCIL PRESIDENT LUKE CAVENER VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER BRIAN WHITLOCK VOTED
MAYOR ROBERT SIMISON VOTED
TIE BREAKER)
Robert E. Simison 1-7-2025
Mayor
Attest:
Chris Johnson 1-7-2025
City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 7
Exhibit I
COMMUNITY DEVELOPMENT C%WE IDIAN
DEPARTMENT REPORT
HEARING December 17, 2024 1
DATE: Continued from:August 20 and
September 17 and November 12, 2024
m
1
TO: Mayor&City Council
1
FROM: Sonya Allen,Associate Planner
1
1
208-884-5533 i--
1
sallen@meridiancity.org
APPLICANT: Engineering Solutions,LLP e
SUBJECT: H-2024-0032 Legend
Project Location
Timber Creek Recycling—MDA
P a
Area of Impact
LOCATION: Northwest corner of S. Locust Grove Rd. city Limits
and E. Columbia Rd., in the SE 1/4 of O Analysis
Section 6,T.2N., RAE.
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 8n12024 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.#2019-0530581, 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 111. 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.#2019-053058)
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.An updated version was submitted after the last Council meeting
based on the proposed new Phased Transition Plan for Council's consideration(see link in Section VI.D.
City of Meridian I Department Report III. Staff Analysis
Another updated version was submitted after the Council hearing on November 12'as directed by City
Council. The Applicant's narrative describing a summary of the proposed changes is also included in the
public record.
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—
the Applicant has rescinded their request for removal of specific materials from the DA and
included an undated list of materials in Exhibit F of the proposed amended DA, which
includes new materials in addition to those previously included.
agreement-, and ineerperated by reftrenee.
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.An amended DA was submitted since the last hearing on
November 12`h that retains the description of each recycling activity (Le.
Addition of a stand-alone nuisance provision in section 6.9.5,by which the parties agree that the
City may enforce the City nuisance code on this property.
Staff is in favor of the addition of this provision.
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 on Sept. 11h, the Applicant met with the
neighbors and based on testimony presented at the public hearing and feedback from neighbors,bors,
a Phased Transition Plan was submitted for the next three(3)years for all operations to be
City of Meridian I Department Report 111. Staff Analysis
completed by December 2027, included in Section VLF of this report and in the proposed
amended DA as Exhibit E. The Plan focuses on the following issues: odor, dust, volume and
accountability and proposes a timeline for addressing these issues.After the hearing on Nov.
I2`h the Applicant submitted an undated transition plan as directed by Council with
month shorter termination date of June 30.2027. at which point all recycling activities on the
properly shall cease.A 3rd amendment to the Plan was submitted that's included in Section
VLF; changes are included in a red box.
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
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. Since the last
hearing on Nov. I2`h, the Applicant submitted an amended DA that retains the truck limitation
requirement.
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 550 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. In lieu
removing this requiremen4 a transition plan was submitted. included in Section VI.F
below.
City of Meridian I Department Report III. Staff Analysis
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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.
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.
Inclusion of two(2)new sections: 9.3 Failure to Comply with Transition Plan and 9.5 Remedies
against Timber Creek. These sections detail remedies the City will have if Timber Creek fails to
comply with the obligations or deadlines set forth in the Transition Plan, which include
monetary_penalties to the City in the event Timber Creek is in default of the Transition Plan
following notice and opportunity to cure.
Staff does not object to the addition of these provisions. These sections were removed in the
amended version of the DA at the request of the City Attorney.
In summary,Staff recommends denial of all changes to the DA that expand,extend and/or
intensify the existing approved use.
To date,twee(3)many letters of public testimony against expansion and extension of the existing use
have been received(see public record for more information).
City of Meridian I Department Report III. Staff Analysis
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'', September 17',November 12'and
December 17, 2024.At the hearing on December 17',Council voted to approve the proposed MDA
application with modifications as discussed during the hearin-.
1. Summary of the City Council public hearing
a. In favor: Caleb Lakey,Applicant's Representative;Mike Mur oiti o, 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 Maw;Marla Fund; Gena Russell;Todd Edgar;
Jantz: Billie Jean Black:Jim Cox:Debbie Allen: Laren Bailey
c. Commenting: Lori Badigian &Michael Reno, Central District Health Dept.: Lacy Iooi•
Joanne Tima,Jonathan Fewkes,Brenda Blitman,Elizabeth Koeckeritz on behalf of Black
Rock Homes:Justin Cranny,Vicky Reynolds
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—purpose statement of the district non-conforming
use,not requiring a CUP for the use.etc. Code violations on the site,includingthe a 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.
i. No public opportunity to comment on the use originally:use should have gone throw hga
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.
k. Update from Central District Health on notice of violations on the site.
1. Update from City code enforcement on process for handlingplaints and concern
pertaining to the proposed 30 day notice to vacate.
M. Request for a shorter operating time than 3 years.
City of Meridian I Department Report V. Action
n. Request for Council to enforce the existing DA and hold the applicant to the existin time
requirements for operation of the use in the DA.
3. Key issue(s) of discussion by City Council:
a. Work with Staff and the Legal Dent.to work on a plan that would fully decommission the
site within two(2)years.
b. Cease all operations on the site by April 1, 2027.
c. Continue this application until April ls`and keep public hearing open—is there any
additional info or timeline that we're seeking from the Applicant to .give greater
clarification.
d. The Applicant's proposal to shut down all operations by June 30, 2027.
e. Continue to December 17'in order for the Applicant to come back with a revised DA with
a six-month shorter timeline,revise the Phased Transition Plan accordingly to cease all
operations by June 30, 2027. Draft Findings for approval would also be prepared for
review by Council.The Applicant should include a list of all materials to be accepted for
recycling.The Applicant should include si nage on the property for when operations on
the site will cease.
f. The Council generally supported the revised changes proposed to the DA.
4. City Council change(s)to Staff recommendation:
a. City Council approved the Applicant's(revised)request for a modification to the DA.
City of Meridian I Department Report V. Action
VI. EXHIBITS
A. Aerial Photo
1la
Legend
PIS
Project Location s°
Area of Impactlu
PW
Analysis
City of Meridian Department Report VI.Exhibits
B. Existing Site Plan
c
J
o'
I f }:'r r'./f. •ram
0 ij "'
I
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
Copy the following links for these documents,contained in the project file, into a separate browser:
Links:
Redline version of proposed DA:
https://weblink.meridiancity.orgA ebLink/DocView.aspx?id=377748&dbid=0&repo=MeridianCity
Clean version of proposed DA:
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=3 77747&dbid=0&repo=MeridianQy
City of Meridian I Department Report VI.Exhibits
E. Legal Description of Property Subject to the Amended Development Agreement
EXHIBIT A
ANNEXATION DESCRIPTION
FOR THE
CITY OF MERIDIAN,IDAHO
L&G MURGOITI'O,LLC-PARCEL NO.1
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 markingthe southeasterly corner of said SE%of the
SE N.from which an aluminum tap monument marking the northeasterly corner of the 5E X of
said Section 6 bears N 0'04'44"W a distance of 2555.72 feet;
Thence N 89°21'59"W along t#a southerly boundary of said E VS of the SE A a distance of 13 23.8 3
Feet to the southwesterly cc me of said E%of the 5E%;
Thence M 0'02'17"W along the westerly boundary of said E i of the SE X a distance of 2GSS.45
feet to the northwesterly corner of said E 1/a of the SE%;
Thence S SV22'37" E a distance of 1321.93 feet to an aluminum cap monument marking the
northeasterly corner of said E M of the SE A;
Thence S 0°04'44" E along the easterly boundary of said E h of the 5E Y a distance of 2655.72
feet to the POINT OF BEGINNING.
This parcel contains 90.64 acres.
NOTE`. This description 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,PL5 y PPI
Clvll Survey Consultants, Incorporated sup q'
October 13,2015
a 5082
11
evt*l
Of
K.
Mendaan City Counsal Meeting Agenda June 1 T,2419— Page 170 aF396
City of Meridian I Department Report VI.Exhibits
EXHIBIT
SKETCH TO A CCO PA1II ANVEXA TION DESCRIPTION FOR THE
CITY OF MERIDIAN LOCATED IN THE E 112 OF THE SE 114
OF SECTION 6, TOWNSHIP 2 NORTIh; RANGE 1 EA, T,
NOISE MERIDIAN, ADA COUNTY,, I0AH
714
f&C MURGOIRG, «c
PARCELa
a
CSC fIM&4 f 4D
POET OF
p,L LAryn BEGYNNJ++4G
xsT ,
5082 °CIVIL SRJRVEY CONSL1LTAWS, INC.
r Ir 2803 SOUTH MERIDIAN ROAD
7
o
P MERIDIAN, IDAHO 83542
k
2C8)868A312
Meddfan City Council Meeting Agenda June 11, — Page 181 of 396
City of Meridian I Department Report VI.Exhibits
F. Phased Transition Plan—REVISED
Revisions shown in red box
EXHIBIT "E"
TRA_NSITIOlti PLAN
Timber Crash Recycling
Engineering waste to its highest and best use"
Date; December 3,2024
Phased Transition Ptan for the Meridian Compost Site
7695 S. Locust Grove Rd
Meridian, ID 88842
City of Meridian I Department Report VI.Exhibits
Phase Focus 2024Timing %
of total Cheese
WAS diverted
Odor
o Stop regularly receiving Cheese WAS Q1 Q2 Q Q4
1 on weekends at the Meridian site
1
o Conduct experiments of Calcium
Hydroxide."lime"(Ca(CH)j.add ition
to Cheese WAS at Meridian site.
Compleie o Coordinate with Sorrento Lactalis on
by procurement of equipment for addition
December of"lime"to Cheese WAS at Sorrento
2D2d}
Want
Dust
o Effective November 10.no more
ConcretefAsphaLifTilelPorcelainJ Dick
accepted at the Meridian site Q1 Q2 Q3 Q4
o Continue regular dust control
measures(i.e.water truck)
Volume
Q1 Q2 Q3 Q{
o At least 25%of the inbound
Cheese WAS diverted from the
zs
Meridian site
Accountability
o Present final Transition Plan t0 L Q1 Q2 Q Qd
Meridian City Council
a Begin drafting a Tier II
Composting Facility"closure
lan"for DEQ and CDH approval
City of Meridian I Department Report VI.Exhibits
Phase Focus 2025 Timing
of total Cheese
WAS diverted
Odor
a Pilot,full#Cale Addition of"lime"to Q1 Q2 Q3 Q4
2 inbound Cheese WAS at the Sorrento
Chcosc Plant 1
a Incorporate treated Cheese WAS
into compost process at Meridian
Complete Site and monitor for effectiveness
by 01)
December
Q ongoing coordination with orrento
2025)
Lactalis far addition of"lime"
o Fully implement"lim a"addition to
Cheese WAS as a odor control
measure,so long as testing wasit] successful(Q2)
Dust
o Final crushing of
ConcretefAt3p h altlT ilel Iaprce lain!
Brick at the Meridian Site(Q 1) 1 Q1 I Q2 3
o Continue regular dust control
measures(i.e.,water truck)
Volume
o Complete engineering for additional 01 Q2 Q 44
ASP pad(1 of 2)at the Nampa site
Q2)
o Additional ASP pad(1 of 2)under
iJhconstructionattheNampasite(Q3)
a Additional 25%of inbound Cheese
WAS diverted from the Meridian site
Q4)
Accountability
v Quarterly inspections with Meridian Q1 Q2 qa Qa
Citv Code Enforcement
n Closure signege posted(Q2)
o Complete a draft closure plan in
coordination with CDH and DEQ
City of Meridian I Department Report VI.Exhibits
Phase Focus 20 G Timing %
of total CheeseWASdiverted
Odor
c Ongoing monitoring of Checsc WAS Qt Q2
t 3 odor control measures
Duet
L ornplete o Continua regular dusk control
by measu res(i.e.,water truck) 41 Q2 Q Q
Decernber
2026) Volume
a Complete engineering for additional
ASP pad(2 of 2)1Q2]Q1 Q2 Q3 Q4
n AdditianalASP pad(2 of 2)under
construction at the Nampa site(Q3) 1
o 100%of the Cheese WAS diverted
from the Meridian site(Q4)
Accountability
o Quanarly inspactions with Meridian Q1 Q2 Q3 Qa
City Coda Enforcement
o Finalize Tier a Composting Facility
Closure Plan with IDEQ and CDH(Q4)
Phase Focus 2027 Timing %
of total cheese
WAS diverted
Odor
n No cheese WAS received at the 4t
Meridian site
Dust
Complete Continue regular dust control
by measures(i.e.,watertruck)
30 June
2027)
Volume
o Sale or transfer of remaining
inventory
o Movement of ccmpostfrecycling
materials and infrastructure off
of the Meridian site
Accountabflfty
Quarterly inspection vvith
Meridian City Code
Enforcement(Q7)
o Final site walk through with
Meridian Code Enforcement
Q2)
Final Tier II site close outwith
CDH and DE 2
City of Meridian Department Report VI.Exhibits