HomeMy WebLinkAboutZ - (MDA H-2018-0042 Inst. 2019-053058) ADA COUNTY RECORDER Trent Tripple 2025-010347
BOISEIDAHO Pgs=55 VICTORIA BAILEY 02/19/2025 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
SECOND MODIFIED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. L&G Murgoitio, LLC
THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 119th day of--Eebruary 2025 by and between the City of
Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L & G
Murgoitio, LLC, an Idaho limited liability company, whose address is 6575 S. Locust Grove
Road, Meridian, Idaho 83642 hereinafter called"Owner/Developer."
1. RECITALS:
1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit "A," which is attached hereto and by this reference incorporated
herein as if set forth in full,herein after referred to as the"Property"; and
1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has
op crated, does operate, and will operate a processing facility on the
Property; and
1.3 WHEREAS, Idaho Code § 67-651 1A provides that cities may, by
ordinance, require or permit as a condition of re-zoning that an owner or
developer make a written commitment concerning the use or development
of the subject property; and
1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A-
2(E) provides that said written commitments may be modified with the
permission of the governing board; and
1.5 WHEREAS, the City has exercised its statutory authority by the
enactment of Section 11-513-3 of the Unified Development Code
("UDC"), which authorizes development agreements upon the annexation
and/or re-zoning of land; and
1.6 WHEREAS, the City and the Owner/Developer negotiated terms and
conditions into that certain Development Agreement, dated January 26,
2016, recorded as Instrument No. 2016-007075 Records of Ada County,
Idaho("Original Agreement"); and
1.7 WHEREAS, the City and the Owner/Developer entered into that certain
Modified Development Agreement, dated June 11, 2019, recorded as
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Instrument No . 2019 -053058 , Records of Ada County, Idaho ("Modified
Agreement ') , to amend and replace the Original Agreement; and
1 . 8 WHEREAS , the City, Owner/Developer, and Timber Creek agree to
negotiate in good faith and seek resolution to any conditions or
circumstances that existed at the time this Agreement was approved and
executed that are necessary for the continued and future use of the
Property ; and
1 .9 WHEREAS , the City and the Owner/Developer agree to negotiate in good
faith and seek resolution to any conditions or circumstances that existed at
the time the Original Agreement and this Modified Agreement were
approved and executed that are necessary for the continued and future use
of the Property; and
L10 WHEREAS , the Owner/Developer, the City, Timber Creek, and others
made representations at the public hearings before the Meridian City
Council , as to the current and proposed uses of the Property and how the
Property may be developed , if any, at this time or in the future ; and
1 . 11 WHEREAS , the Meridian City Council , on the day of ,
2024, approved certain Findings of Fact and Conclusions of Law and
Decision and Order ("Findings") , which have been incorporated into this
Agreement and attached as Exhibit `B " and have been accepted by
Owner/Developer and Timber Creek; and
1 . 12 WHEREAS , the Findings require the Owner/Developer to enter into this
Agreement as a replacement to the Modified Agreement; and
1 . 13 WHEREAS , the Owner/Developer deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily ; and
1 . 14 WHEREAS , the City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the use of the
Property is in accordance with the terms and conditions of this Agreement,
herein being established as a result of evidence received by the City and
from affected property owners .
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows :
2 . INCORPORATION OF RECITALS : That the above recitals are contractual
and binding and are incorporated herein as if set forth in full .
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3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal corporation and government subdivision
of the state of Idaho, organized and existing by virtue of law of the State
of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC,
whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the
party that owns the Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property
located in the County of Ada, City of Meridian as described in Exhibit
"A" attached hereto and by this reference incorporated herein as if set
forth at length. The terms, in any form, may be used throughout this
document and are meant to be interchangeable in meaning unless
specifically defined.
3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or
installation of a structure, or any change in use of an existing structure, or
any subdivision of the Property, or any change in the use of the Property
that creates additional or different demand and/or need for public facilities
or services, except as otherwise permitted herein. Notwithstanding the
foregoing, the construction of structures necessary for Timber Creek to
continue its operation on the Property, now or in the future, shall not
constitute development or redevelopment of the Property.
The terms, in any form, may be used throughout this document and are meant to be
interchangeable in meaning unless specifically defined.
4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop
the Property shall be in accordance with the terms and conditions of this Agreement. The
following uses on the Property are specifically allowed:
4.1 All uses allowed or will be allowed in the future under the City's Zoning
Ordinance codified in the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
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4 . 3 Any existing and future written agreements for the collection, disposal ,
processing or maintaining of solid waste in pursuance of an agreement
with the City ' s solid waste franchisee may remain until such time that the
Property is developed in the future .
4A Any currently allowed use in Ada County regarding the raising or
maintaining of livestock shall remain on the Property until such time that
the Property is developed in the future . The Property maintains a livestock
business and operation . All existing uses and operation on the Property
relating to the livestock business and operation at the time of annexation
may remain until the Property is developed in the future .
4 . 5 The Property will have an exemption to Meridian City Code 6 - 3 - 10 ,
Firearms ; Dischargeable Instruments , until such time that the Property is
developed in the future .
4 . 6 Any use constituting an "agricultural operation", as defined in Idaho Code
§ 224502 until such time the Property is developed in the future .
4 . 7 Currently stored or maintained on the Property : farm equipment, vehicles
(registered and unregistered) , and excess organic and/or inorganic material
necessary for the agricultural operation of the Property . Such items may
include but not be limited to weed spray, gasoline, diesel , wood, compost,
fertilizers and the like in quantities not usually found in urban residential
properties . Such storage may remain in the current condition at the time of
the adoption of this Agreement until such time that the Property develops
in the future .
4 . 8 Allow Timber Creek Recycling, LLC ("Timber Creek") to operate on the
portion of .the Property ("Recycling Property") outlined on the site plan
("Site Plan ") attached hereto as Exhibit "C" and incorporated herein , as
Timber Creek is currently operating or may operate in the future, whether
under the name of Timber Creek Recycling or another name or entity,
subject to the provisions of Section 5 and Section 6 of this Agreement.
5 . OPERATION OF TIMBER CREEK RECYCLING . As set forth in Section
4 . 8 of this Agreement, but as limited by Section 6 . 14 of this Agreement, Timber Creek is
specifically permitted to continue operations on the Recycling Property . The following outlines
the primary activities , but not all activities , related to Timber Creek ' s operation or proposed
operation on the Recycling Property .
5 . 1 Delivery of Recycled Materials . Timber Creek receives the materials
identified in Exhibit "F " , attached hereto and incorporated herein ( collectively "Recycling
Materials ") at the Recycling Property for Recycling Activities (defined below) . Timber Creek
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shall not accept any other materials or products at the Recycling Property for Recycling
Activities.
5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize
and sell the Recycling Materials on the Recycling Property ("Recycling Activities"). For
purposes of clarity, but not limitation, the following are examples of the Recycling Activities
which are permitted on the Recycling Property:
5.2.1 Grinding. The Recycling Materials may be ground and
transported from the Recycling Property for animal bedding, soil amendment, other agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding
process, Timber Creek may use loaders and excavators and other necessary equipment to
perform such grinding.
5.2.2 Screening. The Recycling Materials, before and after processing,
may be screened. Screening of any Recycling Materials may include the use of conveyors,
trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the
Recycling Materials.
5.2.3 Feed. The Recycling Materials may be processed and transported
from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on
the Recycling Property or to third parties.
5.2.4 Composting. The Recycling Materials may be composted on the
Recycling Property and transported from the Recycling Property for soil amendment, agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles
shall be maintained in a manner that does not cause or create a nuisance condition including, but
not limited to, odor, other nuisance and/or other conditions relative to insects or disease that
affect neighboring properties, cause harmful vapors or constitute a risk to the environment or
public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies
available through the enforcement of this Agreement, the City may seek enforcement through
abatement by civil action or code enforcement.
5.2.5 Storing of Recycling Materials. The Recycling Materials, both
before and after processing, shall be stored on the Recycling Property and after processing may
be used on the balance of the Property.
5.2.6 Miscellaneous Recycling Activities. Timber Creek may engage
in any of the following as part of the Recycling Activities: loading and unloading of trucks; use
of watering trucks on the Recycling Property and as part of the Recycling Activities; use of
loaders, graders, tractors (with implements), forklifts, and other heavy equipment, preparation
and maintenance of the Recycling Property for the Recycling Activities; erection and use of a
weather station; modification of the Recycling Property for the Recycling Activities, including
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leaching ponds and berms ; use of air compressors , generators , tarps for covering of Recycling
Materials , and bagging systems .
5 .2 .7 Other Activities . Timber Creek may engage in other activities
relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as
deemed appropriate by Timber Creek, provided, however, that any such use shall be in
accordance with applicable laws and regulations governing such activities .
5. 3 Related Activities . In addition to the Recycling Activities , Timber Creek
may engage in uses on the Recycling Property that are related to , support, or are in furtherance of
the Recycling Activities ("Related Activities ") . For purposes of clarity , but not limitation , the
following are examples of the Related Activities :
5 . 3 . 1 Truck Parking . Timber Creek may park trucks used for delivery,
removal and/or processing of Recycling Materials on the Recycling Property .
5 .3 .2 Equipment . Timber Creek may place , operate , maintain, repair,
relocate and remove any equipment, fixtures and personal property onto and from the Recycling
Property in order to engage in the Recycling Activities .
5 .3 .3 Marketing and Sale of Processed Recycling Materials . Timber
Creek may market and sale processed Recycling Materials . Processed Recycling Materials
include , but are not limited to , mulch , compost, bark, playground chips , sand, stone, etc .
5 . 4 Retail Sales . Within the area on the Site Plan marked "Retail Sale"
("Retail Area") , Timber Creek may sell processed Recycling Materials to the public . Timber
Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the
portion of the Recycling Property where active Recycling Activities occur . Retail sales in the
Retail Area are restricted as follows .
5 .4 . 1 Hours of Operation . The Retail Area will not be open to the
public for the purchase of Recycling Materials outside of the following hours :
(a) April — October :
a . Monday — Saturday : 8 : 00 a. m . to 6 : 00 p . m.
b . Sundays : Closed
(b) November — March :
a. Monday — Saturday : 9 : 00 a. m . to 4 : 00 p . m.
b . Sundays : Closed
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5.4.2 Vehicle Limitation. The following vehicles will be prohibited
from accessing the Retail Property for the purchase of processed Recycling Materials:
(a) Commercial vehicles, as defined in Idaho Code §49-123(d).
(b) Vehicles with more than two (2) axels; provided, however,
that a trailer pulled by a two (2) axel vehicle does not count
towards the axel count.
5.4.3 Limitation on Sales. Timber Creek may only sell the following in
the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not
limited to, mulch, compost, bark, playground chips, and other products typically sold at a
nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to
provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen.
5.5 Recycling Activities Structures. Timber Creek may construct, relocate
or install the following: a) a scale house with approximate dimensions of forty five feet by fifteen
feet (45'x15'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8')
with a septic system until sewer is available at the Recycling Property at which time the restroom
will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by
eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect
the existing fencing. The construction, relocation or installation of the above identified
structures shall not constitute "development"as defined in Section 3.4.
6. CONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER
CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's
operation on the Property, Timber Creek shall comply with the following conditions on its
operation:
6.1 Extent of Operations on Property. Timber Creek's Recycling Activities
shall be limited to the Recycling Property; provided, however, that Timber Creek may use
processed Recycling Materials on the balance of the Property.
6.2 Compliance. Timber Creek shall comply with all federal, state and local
entities with jurisdiction, including, but not limited to the Idaho Department of Environmental
Quality ("IDEQ"), the Central District Health Department ("CDHD"), 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. The City may
consider a conviction or final order by one of these named agencies of violations of their
regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action
to:
6.2.1 Comply with conditions imposed on it by any and all of
aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling
Activities;
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I
6.2.2 Comply with the rules and regulations relating to the Recycling
Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and
all of aforementioned entities with jurisdiction; and
6.2.3 Cure or correct deficiencies or issues identified by any and all of
aforementioned entities with jurisdiction.
6.3 Composting. Composting on the Recycling Property shall be conducted in
accordance with applicable law, rules and regulations. Timber Creek has obtained the necessary
approvals to operate a Tier 2 composting facility and is currently operating a Tier 2 composting
facility on the Recycling Property. In the event of any change in Timber Creek's approvals for
the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of
such changes to the City. In connection with operating a Tier 2 facility on the Recycling
Property, Timber Creek shall:
6.3.1 Odor Management. Continue to operate under the odor
management plan which has been approved by IDEQ. In the event of a change to the odor
management plan, Timber Creek will provide a copy of the revised odor management plan
approved by IDEQ to the City.
6.3.2 Compliance with IDEQ and Central District Health. Comply
with all requirements of IDEQ and CDHD as part of the Tier 2 approval process. Timber Creek
shall cooperate with IDEQ and CDHD and permit monitoring of the composting operation and to
resolve any compliance issues.
6.4 Noise Mitigation. Timber Creek shall do or adopt the following to
mitigate the noise generated from Timber Creek's Recycling Activities:
6.4.1 Mufflers. Timber Creek will maintain a Harco 2286RSL 10 SI SO
SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal
grinder and a muffler of similar quality and characteristics on the tub grinder.
6.4.2 Landscaping. Timber Creek will maintain the trees and other
landscaping features on the Recycling Property, which were installed in accordance with MCC
11-31-1-41), to mitigate the sound generated on the Recycling Property by the Recycling
Activities.
6.5 Hours of Operation. Recycling Activities on the Property will be limited
to the following:
6.5.1 Monday—Friday: 7:00 a.m. to 6:00 p.m.
6.5.2 Saturday: 8:00 a.m, to 6:00 p.m.
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6. 6 Visual Impact . To minimize any visual impact caused by the Recycling
Materials or the Recycling Activities , Timber Creek will keep the height of piles of Recycling
Materials at the greater of: (a) twenty-five (25 ) feet, and (b) the height permitted by the Meridian
Fire Department under applicable code, regulations and rules .
�I 6 . 7 Dust Abatement .
6. 7. 1 Water Tank . Maintain a 4 , 000 gallon water tank on the Property
to hold water for dust abatement purposes on the Recycling Property .
6 .7.2 Sprinklers . Maintain a sprinkler system on roads and other parts
of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust
caused by Recycling Activities .
6 .7 .3 Water Trucks . Maintain water truck, tender or buffalo or other
similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved
portions of the Recycling Property or the Recycling Materials to minimize dust caused by the
Recycling Activities .
6 .7.4 Spray Hoses . Spray hoses will be used as part of the Recycling
Activities to reduce dust caused by the Recycling Activities .
6.7.5 Wood Flour . Timber Creek Recycling will not accept or process
wood flour as part of the Recycling Activities .
6 .7 . 6 Dustless Material . Resurface the entrance to the Recycling
Property and Retail Area with a dustless material, including those materials set forth in Meridian
City Code 11 - 3C -5B - 1 .
6. 8 Traffic for Recycling Materials . Traffic to the Recycling Property is
regulated as follows :
6 . 8 . 1 Recycling Activities . All traffic to permit Timber Creek to
perform the Recycling Activities , including but not limited to, traffic for delivery of Recycling
Materials , any safety programs , fire prevention , odor management, and composting, grinding and
screening operations is expressly permitted, except as limited by this Section 6 . 8 , and shall not
constitute a nuisance .
6 .8 . 2 Compliance with Ada County Highway District . All traffic to
the Recycling Property shall comply with Ada County Highway District rules and regulations .
6 .8 .3 Truck Limitation . No more than fifty-six (56) Truckloads of
Recycling Materials will be delivered to the Recycling Property per day . For purposes of this
Agreement, "Truckload" shall mean any truck or vehicle carrying ten ( 10) or more cubic yards
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of Recycling Materials to the Recycling Property for Recycling Activities . For purposes of
clarification, the following do not qualify as a Truckloads :
(a) Vehicular traffic associated with the agricultural use of the
Property such as delivery of feed, livestock , equipment and
fertilizer or the removal of crops , livestock, equipment,
feed, waste or fertilizer;
(b) Vehicles to and from the Retail Area;
(c) Vehicular traffic to and from the Property not carrying
Recycling Materials ; and
(d) Vehicular traffic from the Property delivering Recycling
Materials for agricultural uses .
6 . 9 Agency Requirements/Recommendations . Timber Creek shall comply
with the following requirements and recommendations from the following agencies :
6 .9 . 1 Fire .
(a) Emergency Plan . Timber Creek with comply with the
emergency plan previously delivered to the Meridian Fire
Code Official . Timber Creek shall provide the City with an
updated or revised emergency plan and comply with the
updated ore revised emergency plan .
( b ) Process Hazard Analysis . Timber Creek shall prepare a
process hazard analysis which satisfies the requirements of
the International Fire Code , Section 5001 . 3 . 3 . 11 - 17 (2015 )
and deliver to the Meridian Fire Code Official, if required
by the Meridian Fire Code Official .
6 .9 .2 Irrigation . Obtain approval from the applicable irrigation district
for any use of or encroachment on the easement(s) surrounding the canals bordering the
Recycling Property. If any such approval is required, Timber Creek shall provide evidence of
said approval to the City .
6 .9 . 3 Land Development Services . As long as Timber Creek is
engaged in Recycling Activities , the Recycling Property shall be open to inspection for
compliance with this Agreement by the Land Development Services , upon advance notice .
6 .9 .4 Complaints . Timber Creek will set up a telephone line, email
account, or other means of communication for neighbors to be able to submit comments and
complaints to Timber Creek relating to the Recycling Activities .
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6.9.5 Nuisance. Timber Creek shall not keep the Recycling Property
and all associated grounds in a manner that constitutes a public nuisance, as defined in Meridian
City Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2-
4. In addition to the remedies available through the enforcement of this Agreement, the City
may seek enforcement through abatement by civil action or code enforcement.
6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open
water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained
such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.
6.11 Mechanical Equipment. All mechanical equipment (excluding all
private or commercial vehicles) and power-driven processing equipment on the Recycling
Property shall be operated at least 300 feet from abutting residential districts. All shipping and
delivery areas, storage and other outdoor activity on Recycling Property shall be located at least
300 feet from abutting residential districts within the City of Meridian.
6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable
materials is prohibited on the Property.
6.13 Site Plan. Attached hereto as Exhibit "C" is a site plan which: a) defines
the Property; b) defines the Recycling Property; c) defines the portion of the Property intended to
be used for agricultural purposes or non-Recycling Activities; and d) identifies the current
location of the equipment to be used for the Recycling Activities. Subject to the limitations in
Section 6.11, Timber Creek may change the location of the equipment to be used for the
Recycling Activities so long as the equipment is operated within the Recycling Property. The
Recycling Property shall not exceed the identified thirty-six(36) acres in total.
6.14 Termination of Recycling Activities.
6.14.1 Complete Termination. On or before June 30, 2027
("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling
Property; (b) have removed all Recycling Materials from the Recycling Property; (c) have
removed all improvements constructed pursuant to Section 5.5 of this Agreement from the
Recycling Property; and (d) have removed all equipment, fixtures, and personal property used
primarily for the Recycling Activities from the Recycling Property.
6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the
Property may only be used for the uses allowed under Section 4.1, Section 4.6, Section 4.7, and
Section 6.14.4 of this Agreement.
6.14.3 Transition Plan. Prior to the Termination Date, Timber Creek
shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other
Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber
Creek shall also comply with other tasks and the timelines set forth in the Transition Plan.
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6 . 14 . 4 Parking of Trucks . Notwithstanding the foregoing, following the
Termination Date Timber Creek may park commercial equipment on the Property , provided that :
(a) the number and size of trucks does not exceed the limits set forth in Section 6 . 8 . 3 ; the
commercial equipment is not operated on the Property (excepting the necessary actions to park
and remove the commercial equipment) .
6 . 14 . 5 Signage . On or before July 1 , 2025 , Timber Creek shall post a sign
on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign
on the Recycling Property in a location adjacent to Columbia Road, both of which will state the
following : "THIS FACILITY WILL CLOSE ON JUNE 30 , 2027 . " The sign will comply with
the size requirements set forth in Meridian City Code 11 - 5A- 6 (D) (2) (b) ( 1 ) , and the letters will be
no less than six inches in height.
7 . CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY .
7. 1 Owner/Developer shall develop the Property in accordance with the
following special conditions :
7 . 1 . 1 Except as otherwise provided in this Agreement, future
development of the Property shall comply with the ordinances in the
Meridian City Code in effect at the time of development.
7 . 1 . 2 Except as otherwise provided in this Agreement, future
development of the Property shall comply with all bulk, use, and
development standards of the R-4 zoning district listed in UDC 11 -2A- 5 ,
unless rezoned by City in accordance with the UDC following application
by the Owner/Developer or future developer, and then in accordance with
the new zoning designation .
7 . 1 . 3 Any property or easements reasonably needed by the City to
provide any sewer or water infrastructure in furtherance of this Agreement
shall be provided by the Owner/Developer at no cost to the City .
7 . 1 . 4 Any future development of the Property which will require an
amendment to this Agreement to approve any proposed development plan
may be sought by the Owner/Developer. The first such request for an
amendment shall be at no cost to the Owner/Developer or future
developer.
8 . COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN :
8 . 1 The City intends to extend the sewer and water infrastructure (" Utility
Extension ") which will benefit the Property, the City, and other adjacent
and adjoining properties . The City will endeavor to design the Utility
Extension in a manner consistent with the City ' s Sewer Master Plan
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(including the assumptions and tolerances included in the Sewer Master
Plan) in existence at the time the City designs the Utility Extension . In
furtherance of this objective , the Utility Extension will include , but is not
limited to , the extension of.
(a) Water Mains ; and
(b) Sewer Mains ; and
(c) Trunk Lines .
A complete description of the Utility Extension is set forth in Exhibit "D ",
incorporated by reference to this Agreement .
892 The City shall be expending funds to plan , design, and construct the
Utility Extension described in 8 . 1 over the course of time . The City
anticipates completion of the initial phase of the Utility Extension in or
about Meridian Road/State Highway 69 within approximately two (2)
years from the date of the publication of the annexation ordinance for the
Property and the completion of the Utility Extension in or about Linder
Road and Victory Road in approximately four (4) years from the date of
the publication of the annexation ordinance for the Property . The above
described timelines for completion of the Utility Extension are subject to
the following conditions :
(a) Acts of God; or
(b ) Denial of the Application by the City or any other
governmental agency with authority to approve or deny the
Application or Utility Extension ; or
(c) Any legal challenge to the annexation of the Property that
causes the delay of the annexation approval ; or
(d) The inability of the City to acquire all the needed target
properties necessary to allow for the necessary expenditure
of the Utility Extension ; or
(c) Economic limitations , as prescribed by law; or
(f) Permitting limitations or denials ; or
(g) The inability to acquire the necessary easements for the
Utility Extension ; or
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55663 .0027 . 17778634.5
(h) Geology and/or geography of the area; or
Y cause or
Weather conditions that may dla •
(1 ) Y �
(j } Unavailability or delay of materials for the Utility
Extension ; or
(k) Review or delay by other agencies needed for approvals of
the Application or Utility Extension ; or
(1 ) Labor disputes , strikes , work stoppages ; or
(m) Limitations by other governmental , semi- governmental , or
private industry restrictions unanticipated at the time of
execution of this Agreement; or
(n) Any and all contingencies , whether anticipated or not, that
are beyond the control of the City .
8.3 In the event the City reasonably determines that it cannot complete the
Utility Extension within the timeframes set forth above in Section 8 . 2 due
to the occurrence of any of the conditions set forth in Sections 8 . 2 (a) to
8 . 2 (n) , the Owner/Developer or the City may terminate this Agreement
upon compliance with the requirements of the UDC .
9 . DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION :
901 Acts of Default . In the event either party fails to faithfully comply with
all of the terms and conditions included in this Agreement, this Agreement
may be terminated by the Owner/Developer or the City upon compliance
with the requirements of this Agreement and in a manner prescribed by
law or ordinance .
992 Notice and Cure Period . In the event of any alleged default or failure to
perform any obligation under this Agreement, the non-defaulting party
shall give the alleged defaulting party written notice thereof. The party
given notice of failure shall have a period of thirty (30) days after such
notice is given within which to cure such default, which period shall be
extended to the extent reasonably necessary to complete such cure so long
as the cure was commenced within thirty (30) days after such notice is
given and thereafter prosecuted with due diligence .
9 .3 Remedies .
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55663 .0027 . 17778634.5
9 . 3 . 1 Remedies Against the Owner/Developer . In the event of default
by Owner/Developer that is not cured after notice as described in Section
9 . 2 , Owner/Developer shall be deemed to have consented to modification
of this Agreement and de- annexation and reversal of the zoning
designations described herein , solely against the offending portion of
Property and upon the City ' s compliance with all applicable laws ,
ordinances and rules , including any applicable provisions of Idaho Code
§ § 67- 6509 and 67-6511 . Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in
the Fourth Judicial District Court in Ada County by the City . This remedy
for enforcement of this Agreement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants ,
agreements , conditions , and obligations contained within this Agreement
or to de-annex the Property .
9 .3 . 2 Remedy against the City . In the event of default by the City that
is not cured after notice as described in Section 9 . 2 , the City shall be
deemed to have consented to modification of this Agreement and de -
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City ' s compliance with
all applicable laws , ordinances and rules , including any applicable
provisions of Idaho Code § § 67 - 6509 and 67 - 6511 . The City reserves all
rights to contest whether a default has occurred .
9A Delay . In the event the performance of any covenant to be performed
hereunder by either the Owner/Developer or the City is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation , acts of civil
disobedience, strikes or similar causes , the time for such performance shall
be extended by the amount of time of such delay.
93 Waiver . A waiver by a party of any default of any one or more of the
covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies nor
apply to any subsequent default of any such or other covenants and
conditions .
to . INSPECTION : Following the development of the Property , Owner/Developer
shall , immediately upon completion of any portion or the entirety of said development of the
Property , as required by City ordinance or policy, notify the City Engineer and request the City
Engineer ' s inspections and written approval of such completed improvements or portion thereof
in accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property .
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11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and
expense, either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of
the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the
City Council fails to adopt the ordinance in connection with the annexation and zoning of the
Property contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement, at its cost and expense.
12. SURETY OF PERFORMANCE: Following the development of the Property,
the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check, or
negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of
future improvements,which the Owner/Developer agrees to provide, if required by the City.
13. CERTIFICATE OF OCCUPANCY: Following the development of the
Property, no Certificates of Occupancy shall be issued in any phase in which the improvements
have not been installed, completed, and accepted by the City.
14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City, except as otherwise provided in this Agreement, and the
Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions
contained in the Findings, this Agreement, and the ordinances of the City.
15. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY: City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to: City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER: L &G Murgoitio, LLC
6575 S. Locust Grove Road
Meridian, Idaho 83642
15.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
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I
16. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court
of competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be subject
to the provisions hereof and any successor owner or owners shall be both benefited and bound by
the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer
has fully performed its obligations under this Agreement.
19. INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer and City, other than as are stated
herein. This Agreement amends and replaces the Original Agreement and the Modified
Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change
or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing
and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution
of City.
21.1 No condition governing the uses and/or conditions governing re-zoning of
the subject Property herein provided for can be modified or amended without the approval of the
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5 5663.0027.17778634.5
City Council after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek, this Agreement
is not intended to create, nor shall it in any way be interpreted or construed to create any third-
party beneficiary rights in any person or entity not a party hereto.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council approved this Modified Development Agreement and
executed by the Mayor and City Clerk.
24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are
incorporated herein.
[SIGNATURES ON FOLLOWING PAGE]
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55663.0027.17778634.5
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
L & G Murgoitio, LLC
Date: , a2 4 0?J By: J
Name: " u
Title: 0 LX/ Yt .F
CITY OF MERIDIAN:
By:
Mayor Robert E. Simison 2-18-2025
ATTEST:
Chris Johnson, City Clerk 2-18-2025
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533
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55663.0027.17778634.5
STATE OF IDAHO )
ss.
County of Ada )
�GIVlUG4 ZC Ls
On this 30-day of Dccember, 2024, before me a Notary Public in and for said State,
personally appeared L i nd o, W u ireo r ffi(� , known or identified to me to be the
manager or a member of L & G Murgoitio,LLC, or the person who executed the instrument on
behalf of said limited liability company and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
=CammissionExpires:
"s
Nota ublic for Idaho
LIC Notary
Public
AHO Residing at (14 e ri G{ ,`Gt o
xpires:
My commission expires (APT/_IY_ZI?(_I 2��
STATE OF IDAHO )
ss.
County of Ada )
On this 18th day of February 2024, before me, a Notary Public, personally
appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and
Clerk, respectively, of City of Meridian who executed the instrument or the person that executed
the instrument on behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at Meridian, ID
My commission expires 3-28-2028
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
L&G MURGOITIO, LLC-PARCEL NO. 1
A parcel located in the E % of the SE % of Section 6, Township 2 North, Range 1 East, Boise
Meridian,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 Y 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 said E%of the SE%a distance of 1323.88
feet to the southwesterly corner of said E%of the SE%;
Thence N 0°02'17" W along the westerly boundary of said E '/: of the SE % a distance of 2655.45
feet to the northwesterly corner of said E %of the SE%;
Thence S 89°22'37" E a distance of 1321,98 feet to an aluminum cap monument marking the
northeasterly corner of said E%:of the SE'/e;
Thence S 0°04'44" E along the easterly boundary of said E '/: of the SE % a distance of 2655.72
feet to the POINT OF BEGINNING.
This parcel contains 80.64 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 field survey has
been performed.
Prepared by. Glenn K. Bennett, PLS ��p PRp��
Civil Survey Consultants, Incorporated sU? �S
October 13, 2015 er , Q�� 1
fflk/
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EXHIBIT B
COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER
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55663 .0027 . 17778634 . 5
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW, C�fEF,1D1AN*,,-
FINAL DECISION,AND ORDERD A H O
Date of Order: January 7, 2025
Case No.: H-2024-0032 (TCR—MDA)
Applicant: Engineering Solutions,LLP
In the Matter of: 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 corner 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 III(A) of the December 17, 2024 staff report
for Case No. H-2024-0032, which is attached hereto as Exhibit I ("Staff Report").
Section III(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 I
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. 1-1-2024-0032 (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 -651 IA ,
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. 1-1-2024-0032 (Timber Creek Recycling) Page 3
i
I
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. W2024-0032 (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. 1-1-2024-0032 (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 . CVO I 49-06894) , 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 674003 , 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. 1-1-2024-0032 (Timber Creek Recycling) Page 6
may submit a written request with the Meridian City Clerk for a regulatory takings
analysis .
IT IS SO ORDERED by the City Council of the City of Meridian , Idaho , on this 7th
day of January, 2025 .
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Robert E. Sin . 1 - 7 - 2025
Mayor
Attest :
0.
,gyp ^ and
,/y{ L' IDR IANI•
Chris Johns 5
City Clerk
i
II
FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION , AND ORDER
Case No. 11-2024-0032 (Timber Creek Recycling) Page 7
Exhibit 1
COMMUNITY DEVELOPMENT / Y 1- E IDIAN j,
DEPARTMENT REPORT il A H G
HEARING December 17 , 2024 1
DATE: f 8 Continued fro August 20 and f
- -
September 17 and November 12, 2024
n 9 5>'
Oil
TO : Mayor & City Council c 4 `1
?5 G
FROM : Sonya Allen , Associate Planner i
208-884-5533 A _ ' �
f
sallen@meridiancity.org
.;�
APPLICANT: Engineering Solutions, LLP
SUBJECT: H-2024-0032 legend _
O Project Location o
Timber Creek Recycling - MDA PONArea of Impact . �.
LOCATION : Northwest corner of S . Locust Grove Rd . city Limits � .
and E. Columbia Rd. , in the SE 1 /4 of 0 Analysis i
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 Department Report I . Project Overview
Table 2 : Process Facts
Description Details
Preapplication Meeting date 5/ 14/2024
Neighborhood Meeting 4/30/2024
Site posting date 8n/2024 and 9/4/2024
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code ( UDC )
A . History
This property was annexed with an R4 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( -201 &
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 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-
201 &0042 (L & G Murgoitio, LLC - MDA Inst. #2019-05.3058)
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. Staff's 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 II1 . 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.
Stq ff 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 aAd
included an undated list of materials in Exhibit F of the imposed amended DA. which
includes new materials in addition to those previously included.
agreement, and ineeiper-ated by tv"neee
• 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 heari►� on
November 12°i that retains the description of each recycling activity (Le. #5.21.
• 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. 17 h, the Applicant met with the
neighbors and based on testimony presented at the public hearing and feedback from neighbors,
a Phased Transition Plan was submitted for the next three (3 ) years for all operations to be
City of Meridian I Department Report III . 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.
12"', the Applicant submitted an updated transition den as directed by Council with a six (61
month shorter termination date of June 30, 202L at which point all recycling activities on the
prop" shall cease. A 3'd 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 ill 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 77"', the Applicant s omitted an amended DA that retains the truck wAatiou
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 ita 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
of removing this reauirernen& a transition plan was submitted, included in Section VLF
below.
City of Meridian 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, three (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 Department Report III . Staff Analysis
IV, AGENCY COMMENTS
Agency comments may be accessed in the proiect Re 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 20",, September 1711, November 12'" and
December 17 , 2024. At the hearing on December 17 "s Council voted to approve the proposed MDA 1
application with modifications as discussed during the hearings
1 . Summary of the City Council public hearing
a. In favor: Caleb Lake , 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: Debbie Allen ; Laren Bailey
-c, Commenting: Lori Badigian & Michael Reno, Central District Health Dept. ; LKK IQQ= i :
Joanne Tima, Jonathan Fewkes , Brenda Blitman , Elizabeth Koeckeritz on behalf of Black
Rock Homes : Justin Crann", 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 :
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
ar�a
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, including the use
being a public nuisance .
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.
3_ 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
he 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 handling complaints 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 existing 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 Dept, to work on a plan that would fully decommission the
site within two (2) years .
b . Cease all operations on the site by Apr11 ,202 7 .
c Continue this application until April V and keen public hearing open — is there any,
additional info or timeline that we ' re seeking from the Applicant to give greater
clarification .
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
Aerations 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 signage 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 .
i
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I
I
City of Meridian Department Report V . Action
EXHIBITS
A . Aerial Photo
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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 .4
https://weblink. meridiancity. org/WebLink/DocView. aspx ?id=377748&dbid= 0& repo=MeridianCity
Clean version of proposed DA .0
https://weblink. meridiancity, org/WebLink/DocView. aspx?id=377747&dbid= 0& repo=MeridianCity
City of Meridian 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 MURGOITIO, LLC - PARCEL N0. 1
A parcel located in the E % of the SE '/, of Section 6, Township 2 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows :
BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE '/, of the
SE 1, from which an aluminum cap monument marking the northeasterly corner of the SE % 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 said E % of the SE '/ a distance of 1323 .88
feet to the southwesterly corner of said E % of the SE %;
Thence N 0"02' 17" W along the westerly boundary of said E Yz of the SE % a distance of 2655 .45
feet to the northwesterly corner of said E '% of the SE '/,;
Thence S 89"22' 37" E a distance of 1321 . 98 feet to an aluminum cap monument marking the
northeasterly corner of said E Y, of the SE %to
Thence S 0°04'44" E along the easterly boundary of said E 'r6 of the SE a distance of 2655 .72
feet to the POINT OF BEGINNING .
This parcel contains 80 . 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 field survey has
been performed .
Prepared by : Glenn K. Bennett, PLS P1,11 s
Civil Survey Consultants, Incorporated BUR�V
October 13, 2015
OF ,®p
Merid an City Council Meeting Agenda June I l t 2010 — Page 178 or 306
City of Meridian Department Report V1 . Exhibits
EXHIRIT A
SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE
CITY OF MERIDIAN LOCATED IN THE E 112 OF THE SE 114
OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST,
NOISE MERIDIAN, ADA COUNTY, IDAHO
S 8922 :37 " � 1321, 98'
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a 5082 CIVIL SURVEY CONSULTANTS , INC.
Jr Jplj � 2893 SOUTH MERIDIAN ROAD
MERIDIAN , IDAHO 83542
�FNNic Meridian
eridian City Council Pdeeting Agenda Juno 11 , - Page 181 of 396
City of Meridian Department Report VI . Exhihits
F. Phased Transition Plan — REVISED
Revisions shown in re ( I linx
E 1HLRIT •'E "
TRANSITION PLAN
Timber Creek Recycling
"Engineering waste to its highost and best us ( , "
Bate : December 3 , 2024
Phased Transition Plan for the Meridian Compost Site
7695 S . Locust Grove Rd
Meridian , 1D 83642
City of Meridian Department Report VI . Exhihit .ti
Phase Focus 2024 Timin ! % of total Cheese
g WAS diverted
Odor
o Stop regularly receiving Cheese WAS L. Q1JQ2 Q3 I Q4
�t 1 on weekends at the Meridian site
tt Conduct experiments of Calcium
Hydroxide, " lime" (Ca(OH)2), addition
to Cheese WAS at Meridian site.
(Complete Coordinate with Sorrento lacialis on
by procurement of equipment for addition
De20em er of 'lime" to Cheese WAS at Sorrento
24) plant
Dust
o Effective November 1 " , no more
Concrete/Asphati /Tile/ Porcelalnl Brick
accepted at the Meridian site Q 1 Q2 Q'.37FQQ
o Continue regular dust control
measures (i.e. water truck)
Volume
Q1 Q2 Q3 FQ4
o At least 25% of the inbound
Cheese WAS diverted from the
Meridian site 254e
Accountability
o Present final Transition Plan to Q1 Q2 Q3 Q4
Meridian City Council
o Begin drafting a Tier II
Composting Facility " closure
plan " for DEQ and CDH approval
City of Meridian Department Report VI . Exhibits
Phase Focus 2025 Timing of total CheeseWAS diverted
Odor
C, Pilot , full scale addition of " limo" to I Q1 I Q21 Q3 Q4
#2 inbound Choose WAS at the Sorrento
Choose Plant 1
o Incorporate treated Cheese WAS
into compost process at Meridian
(Complete Site and monitor for effectiveness
by (Qt )
December
2025) c' Ongoing coordination with orremo
Lactalis for addition of " lime "
c) Fully implement " lime" addition to
Cheese WAS as a odor control
measure , so long as testing was
successful ( Q2)
Dust
Final crushing of
Concrete/Asphalt/Tile/ Porcelain/
Brick at the Meridian Site (Q 1 ) Q1 Q2 Q3 Q4
c Continue regular dust control
measures ( i .e. , water truck)
Volume
Complete engineering for additional Q1 Q2 Q3 Q4
ASP pad ( 1 of 2 ) at the Nampa site
(Q2)
Additional ASP pad ( 1 of 2 ) under
construction of the Nampa site (Q3)
o Additional 25% of inbound Cheese
WAS divertod from tho Meridian silo
(Q4)
Accountability
o Quarterly inspections with Meridian Q1 Q2 Q3 Q4
Citv Code Enforcement
Closure signog=etosuroptan
c Complete a drcoordination w
City of' Meridian Department Report V ( . Exhibits
% of total Cheese
Phase Focus 2026Timing WAS diverted
Odor
Ongoing monitoring of Chooso WAS Q1 I Q2 Q3 Q4
#3 odor control measures
Dust
( Complete o Continue regular dust control
by measures ( i .e . , water truck ) Q7 I Q2 43 Q4
Decernber
2026 ) Volume
o Completeonginoering for add itionat
ASP pad ( 2 of 2 ) ( Q2) Q1 Q2 Q3 Q4
o Additional ASP pad (2 of 2) under
construction at the Nampa site (Q3) 100%
u 100 % ofthe Cheese WAS diverted
from the Meridian site (Q4)
Accountability
o Quarterly inspections with Meridirm Q1 Q2 Q3 Q4
City Code Enforcement
o Finalize Tier II Composting Facility
Closure Plan with IDEA and CDH (Q4)
Phase Focus 2027 Timin % of total Cheese
WAS diverted
Odor
o No cheese WAS received at the 41 Q2
#4 Meridian site
Dust
(complete c) Continue regular dust control
by measures ( i . e . , water truck) Q1 Q2
30 June
2027)
Volume
o Sale or transfer of remaining 100 ,
inventory Q1 Q2
o Movement of compost/recycling
materials and infrastructure off
of the Meridian site
Accountability
j o Quarterly inspection with
Meridian City Code Q1 Q2
Enforcement (Q1 )
o Final site walk through with
Meridian Code Enforcement
( Q2 )
Final Tier 11 site close out with
CDH and DE 2
City of Meridian Department Report VI . Exhibits
EXHIBIT C
SITE PLAN
In
; \ FARM
i OW vy ypa jcW
rOMFO8i1ROlPARM ` - 1 , p4 I\ OW g;
i COMPOSTING
I 1\ A
I
PARNIMO '� y
. . \ 51C
4AGE RETAIL II ri
\` \ RGYCRVa
` IUROR UOROE UHO\ % WOOD)
FARMj4b
I fm I e
DRAFT
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murg oitio , LLC — H-2024-5533 -
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EXHIBIT "D "
UTILITY EXTENSION
J CalderWeed
i E C Ide Irvi 1!
% Ch r'op " i St h a
y n( ft tf
f d 1
psP ' r lye A IN
<'. osafYn
0}
5 � . n i wcubsli /
a N v� 'R I«
Ve ets � om° IIl1A y fuel o
b . ,Q P b o , , E ma s= q -lig h�jll �, d^
1 Iry
- I
i- rd
W Verneal a o o ' M Ors Or H i i3
46
de 1; � 1
�iP Wr6a1 ar� rrss a j .
r in ^
� 1 a I q j
=q I c g W Victory Rd . h EN It:to w
vl Q -
ll I .
a
n W ute Ct . lit
a d I r t Y RI bos r 3 Ie I L A ,f
p
C 1 Of 9 NA4101
� Y I ' v o i ' •' �^ o
, .fie r
•vim ,.--..� �1� R f
I � o
6 in
_ A B E Rumpel Ln _
! W %ti. 71l
N * es '' <
0
0
r,
G
l\
Feet �\
0 750 11500 n
W Amity Rd tt Enmity ftd
Legend ( n
d
Existing Sewer
■ o Future Phase 1 Sewer
• rulure Phase 2 Sewer
Phase 1 Area
Photo 2Area
ood Dr
Meridan Gay LNals m n
11
i
l rl� to Die
xwrery,eranpWitrie . ntmefresNaif*la la u2d airs infxmebnd or Cv at M"J* afie
mi be hil for berbvecks +nnhuse, rb re phase sewer locsarro owge"reknd dnd South Meridian Utility Concept Plan
-wbib rnodrrr:Malr
This ril is "a "M dda ropnWifed by Ads GwMy. me cri my MM Writ be wr+a W and Annexation
�nec<uretlns a Mwse d Mis n�D. Mops bearing a., dntleLna miry be phoieogkd bury
11yn+w.r, uwm myda+nrrttm rcpun vn wrllcgl �ram+sysn d�doGamU ��}•l (; I ()IAN .
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024 -5533
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EXHIBIT "E "
TRANSITION PLAN
Timber Creek Recycling
"Engineering waste to its highest and best use "
Date : December 3 , 2024
Phased Transition Plan for the Meridian Compost Site
7695 S . Locust Grove Rd
Meridian , ID 83642
it i a
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024 - 5533
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Phase Focus 2024 Timin % of total Cheese
g WAS diverted
Odor
o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4
# 1 on weekends at the Meridian site
o Conduct experiments of Calcium
Hydroxide, " lime " (Ca (OH ),) , addition
to Cheese WAS at Meridian site.
(Complete o Coordinate with Sorrento Lactalis on
by procurement of equipment for addition
December of " lime " to Cheese WAS at Sorrento
2024)
plant
Dust
o Effective November 151 , no more
41 Concrete/Asphalt/Tile/Porcelain/ Brick
accepted at the Meridian site Q1 Q2 Q3 Q4
o Continue regular dust control
measures ( i . e. water truck)
Volume
Q1 Q2 Q3 Q4
o At least 25% of the inbound
Cheese WAS diverted from the
Meridian site
Accountability
o Present final Transition Plan to Q1 Q2 Q3 Q4
Meridian City Council
o Begin drafting a Tier II
Composting Facility " closure
plan " for DEQ and CDH approval
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024-5533
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55663 ,002701777863405
Phase Focus 2025 Timin % of total Cheese
g WAS diverted
Odor
o Pilot , full scale addition of " lime" to Q1 Q2 Q3 Q4
#2 inbound Cheese WAS at the Sorrento
Cheese Plant (Q1 )
o Incorporate treated Cheese WAS
into compost process at Meridian
(Complete Site and monitor for effectiveness
by (Q1 )
December o Ongoing coordination with Sorrento
2025)
Lactalis for addition of " lime "
o Fully implement " lime" addition to
Cheese WAS as a odor control
measure , so long as testing was
successful (Q2)
Dust
o Final crushing of
Concrete/Asphalt/Tile/Porcelain/
Brick at the Meridian Site (Q1 ) Q1 Q2 Q3 Q4
o Continue regular dust control
measures ( i . e . , water truck)
Volume
o Complete engineering for additional Q1 Q2 Q3 Q4
ASP pad (1 of 2 ) at the Nampa site
( Q2)
o Additional ASP pad ( 1 of 2 ) under
construction at the Nampa site (Q3) 60%
o Additional25% of inbound Cheese
WAS diverted from the Meridian site
( Q4)
Accountability
o Quarterly inspections with Meridian Q1 Q2 Q3 Q4
City Code Enforcement
o Closure signage posted (Q2)
o Complete a draft closure plan in
coordination with CDH and DEQ
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024-5533
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5566300027, 1777863405
Phase Focus 2026 Timing % of total Cheese
WAS diverted
Odor
o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4
#3 odor control measures
Dust
( Complete o Continue regular dust control
by measures (i . e . , water truck) Q1 Q2 Q3 q4
December
2026) - —
Volume
o Complete engineering for additional
ASP pad (2 of 2) (Q2 ) Q1 Q2 Q3 Q4
o Additional ASP pad (2 of 2) under
construction at the Nampa site (Q3) 100%
o 100% of the Cheese WAS diverted
from the Meridian site ( Q4)
Accountability
o Quarterly inspections with Meridian Q1 Q2 Q3 Q4
City Code Enforcement
o Finalize Tier II Composting Facility
Closure Plan with IDEQ and CDH (Q4)
Phase Focus 2027 Timing % of total Cheese
WAS diverted
Odor
o No cheese WAS received at the Q1 Q2
#4 Meridian site
Dust
(Complete o Continue regular dust control
30bune measures ( i . e . , water truck) q1 Q2
2027)
Volume
o Sale or transfer of remaining
inventory Q7 Q2
o Movement of compost/recycling
materials and infrastructure off
of the Meridian site
Accountability
o Quarterly inspection with
Meridian City Code Q1 q2
Enforcement ( Q1 )
o Final site walk through with
Meridian Code Enforcement
( Q2 )
o Final Tier II site close out with
CDH and DEQ ( Q2 )
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024- 5533
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EXHIBIT F
LIST OF RECYCLING MATERIALS
• Grass
• Leaves
• Tree waste (limbs , branches, etc . )
• Stumps
0 Wood chips
• Saw dust
• Wood mulch
• Christmas trees
• Pine needles/cones
• Mixed food waste , mainly bulk produce , some kitchen scraps (e . g. , egg shells , fruits and
vegetables , seeds and cores , tea bags and coffee filters (no meat))
• Pumpkins
• Corn Cobs
0 Bean mill organic waste
• Cheese Whey WAS from Sorrento Cheese Plant
• Garden/landscape waste (other natural materials typically derived from general landscape
like bushes and plants)
• Dirt
0 Sod
• Sheetrock
0 Clean construction wood (plywood, dimensional lumber, etc . )
• Manure (chicken, llama, horse , cow)
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio , LLC — 1-1-2024-5533
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• Compost and compost screenings
• Dairy compost
• Mushroom compost
• Potato cake
• Straw
• Hay
• Agricultural rejects (e . g. onions , potatoes , silage beets , corn, peppers , peas , beans , mint,
etc . )
• Compostable plates , cups & utensils , paper
• Paper leaf bags and small quantities of compostable paper and cardboard.
SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024- 5533
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