Timber Creek Recycling H-2018-0042CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0042 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement for Timber Creek
Recycling to Add a Commercial Composting Component to Current Business Operations on the
Site, by Michael Murgoitio.
Case No(s). H-2018-0042
For the City Council Hearing Dates of: June 5 and 19, July 17, September 18, November 7 and 20,
2018 (Findings on December 4, 2018)
A. Findings of Fact
1. Hearing Facts: Following proper notice, on September 18 and November 7, 2018, the Meridian
City Council held a public hearing on a request to modify the development agreement. Following
the public hearing, the Council approved the request with only one change to the provisions
proposed by the applicant (to section 6.8.2, Development of Adjacent Property, changing
“grinding machine” to “processing area”).
2. Process Facts:
a. The City Council finds that the parties have fully complied with all applicable notice and
hearing provisions.
b. A public hearing is required before the City Council on this matter, pursuant to UDC section
11-5B-3(F) and Idaho Code section 67-6511A.
c. Newspaper notifications published on: May 18, June 1, August 31, and October 26, 2018
d. Radius notices mailed to properties within 1,000 feet on: May 10 and 25, August 24, and
October 19, 2018
Note: Because the Director deemed the proposed use to be heavy industrial and because of
the potential impact on adjacent residential properties, radius notices were sent to property
owners within 1,000 feet of the external property boundaries instead of the typical 300 feet in
accord with UDC 11-5A-5E.2c.
e. Next Door published on: May 11 and 29, August 28, and October 23, 2018
f. Applicant posted notice on site by: July 6, and October 29, 2018
3. Application and Property Facts:
a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼
of Section 6, Township 2N., Range 1E.
b. Existing Land Use(s): An agricultural based wood, grass, leaves, sheetrock, food waste, and
Meridian City Council Meeting Agenda December 4, 2018 – Page 350 of 445
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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garden waste recycling business, as identified in the Original Development Agreement as
approved by the City of Meridian on January 26, 2016 and recorded on January 27, 2016,
currently operates on this property in the R-4 zoning district.
c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around
this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT &
RR in Ada County.
d. History of Previous Actions: This property was annexed in 2015 as part of the South
Meridian annexation application (H-2015-0019). A development agreement (DA) was
required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time
of annexation, the Applicant was operating a recycling business on this site in Ada County;
the existing use was allowed to continue with annexation into the City under the terms
described in the DA – no change in the uses specified in the DA are allowed without
modification of the agreement.
e. Owner:
L & G Murgoitio LLC
6575 S. Locust Grove Rd.
Meridian, ID 83642
f. Applicant:
Michael Murgoitio
2623 S. Hillis Place
Meridian, ID 83642
g. Representative: Same as Applicant
B. Conclusions of Law
1. The City of Meridian exercises herein the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. This approval is subject to compliance with all provisions of the modified development
agreement, which are incorporated herein by reference. The conditions in the modified
development agreement are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of
fact in order to permit modification of a development agreement; rather, these provisions require
compliance with notice and hearing provisions.
5. A development agreement is a voluntary contract between two parties. The City is specifically
authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements.
Meridian City Council Meeting Agenda December 4, 2018 – Page 351 of 445
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67-
6511A, nor UDC section 11-5B-3(F) and based upon the above Findings of Fact which are herein
adopted, it is hereby ordered that the applicant’s request for a modification to the existing
development agreement is hereby approved. (See attached Development Agreement Modification
Provisions).
D. Notice of Applicable Time Limits: When approved, the modified development agreement shall be
signed by the property owner(s) and returned to the city within six (6) months of the City Council
granting the modification. A modification to the development agreement may be initiated prior to
signature of the agreement by all parties and/or may be requested to extend the time allowed for the
agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval
period. This is a final action of the governing body of the City of Meridian. When applicable and
pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real
property which may be adversely affected by the final action of the governing board may within
twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
Meridian City Council Meeting Agenda December 4, 2018 – Page 352 of 445
By action of the City Council at its regular meeting held on the day of ()P -CP -M bEK--
2018.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED —"
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED Yt
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tam de Weerd
Attest:
C y Cole
City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: C)0w 5W rU/ ��-i Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0042 - 4 -
DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS
Timber Creek Recycling MDA H-2018-0042
Staff recommended added/modified DA provisions:
1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the
Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit
“C” and incorporated herein, as is currently conducted or may be conducted in the future, whether
under the name of Timber Creek Recycling or another name or entity, for a maximum period of
ten (10) years from the date of the City Council approvals of the amended signed DAAgreement.
Upon the expiration of the ten (10) year period, all Recycling Activities (as defined below in
Section 5.2) and the activity shall cease; provided, however, that Timber Creek may submit an
application. If the applicant requests to the City Council to review the activityRecycling
Activities and determine whether to permit Timber Creek to continue the Recycling Activities.
before the ten (10) year time period for renewal for an additional time period as determined by
the City Council at that time. Timber Creek shall submit theThe request for a review shall be no
later than one (1) year prior to the expiration of the ten (10) year period use. Upon review, tThe
City Council canmay, at the City Council’s sole discretion: a) elect to grant or refuse to grant
additional time to Timber Creek to conduct the Recycling Activities on the Recycling Property
past the initial ten (10) year period; and b) should additional time be granted, require more or
different conditions on the Recycling Activitiesat their discretion, if they allow the activity to
continue. If the City Council does not elect to grant Timber Creek additional time to conduct
Recycling Activities on the Recycling Property extend the use beyond the initial ten (10) year
time period then, at their the City Council’s direction and by the date as determined by themthe
City Council, after which all the Recycling Activities uses associated with the facility shall cease
at a date to be determined and all materials, equipment, structures, site modifications, etc.
associated with the use Recycling Activity shall be removed and the site Recycling Property
reclaimed to its former agricultural use/condition. . In the event the City Council grants Timber
Creek additional time to conduct the Recycling Activities after the initial ten (10) year period, If
the time period is extended to a future date certain then the City Council may review the
activityRecycling Activities upon the expiration of the additional time in accordance with the
foregoing procedures, conditions and timelines. on or about that date certain and consider an
additional extension with the same or modified conditions to the Agreement.
2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and
after processing, may be screened. Screening of any Recycled Materials may including the use of
conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary
to screen the Recycled Materials.
3.2. Modify provision #5.2.4, Composting, as follows: “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.”
4.3. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials,
both before and after processing, may shall be stored on the Recycling Property and after
processing may be used on the balance of the Property. The facility and all associated grounds
shall be maintained in an orderly manner to keep them from becoming a public nuisance as
Meridian City Council Meeting Agenda December 4, 2018 – Page 354 of 445
DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS
Timber Creek Recycling MDA H-2018-0042
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”
5.4. Modify provision #5.3.3, Compliance with all federal, state, and locate local entities with
jurisdiction, including, but not limited to, DEQ Department of Environmental Quality,
Department of Agriculture, and Central District Health Department, U.S. Environmental
Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and
the Idaho Department of Water Resources,. 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.
Timber Creek may shall take any action to:
(a) Comply with conditions imposed on it by the Department of Environmental Quality, the
Department of Agriculture or the Central District Health Department any and all of
aforementioned entities with jurisdiction relating to the Recycling Materials or the
Recycling Activities;
(b) Comply with the rules and regulations relating to the Recycling Materials or the
Recycling Activities which may be adopted, revised or re-interpreted by the Department
of Environmental Quality, the Department of Agriculture or the Central District Health
Department any and all of aforementioned entities with jurisdiction; and
(c) Cure or correct deficiencies or issues identified by the Department of Environmental
Quality, the Department of Agriculture or the Central District Health Department any and
all of aforementioned entities with jurisdiction.
6.5. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other
landscaping features on the Recycling Property in a manner as prescribed in MCC 11-3H-4D, as
is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the
Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of
this Agreement prior to commencement of Tier 2 composting provided that the pilot programs for
obtaining Tier 2 designation, as required by DEQ, may occur prior to the installation of the
landscaping or berms as shown on the site plan. Timber Creek shall provide notice to the City
when the landscaping set forth on the Site Planin this Modified Agreement as required in
provision #5.2.2 Screening has been installed.”
7.6. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take
commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All
driveways into and through the facility, and any open area with a driving surface shall be surfaced
improved with a dustless material including but not limited to, vegetation, asphaltic pavement,
rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11-
3C-5B.1.
6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for
dust abatement purposes on the Recycling Property.
6.5.2 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.
6.5.3 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.
Meridian City Council Meeting Agenda December 4, 2018 – Page 355 of 445
DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS
Timber Creek Recycling MDA H-2018-0042
6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce
dust caused by the Recycling Activities.
6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of
the Recycling Activities.
6.5.6 Dustless Material. Surface 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.
8.7. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for
composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of
the review, City shall: a) consider the development of the property surrounding he Recycling
Property, the benefits derived by the community by the composting, and Timber Creek’s
compliance with this Agreement; and b) hold a public hearing, with notice as required by the
UDC, and permit the public to provide input on whether to continue to permit compositing on the
Recycling Property. The City shall determine whether to permit Timber Creek to continue
composting on the Recycling Property for another period of ten (10) years under the terms of this
Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting
on the Recycling Property (unless permitted under the UDC). See recommended changes to
provision #4.8.
9.8. Add provision: “The leaching pond(s), if applicable and, and any other open water pond(s) for
run off or drainage on the site 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.”
10.9. Add provision: “All mechanical equipment, (excluding all private or commercial
vehicles) and operations, power-driven processing equipment and operations on the Recycling
Property shall be located 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.”
11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to
Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring
of vectors. Waste shall be managed and maintained in such a manner that it will not be blown,
washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.”
10. Add provision: “Burning, Burning or incinerating, ,burying, or any other manner to disposing
dispose of solid waste or recyclable materials is prohibited on Property. as set forth in Meridian City
Code 4-1-10.”
11. The ApplicantTimber Creek shall provide a detailed site plan, as an Exhibit “B” of this
Agreement, to the City which: a) defines the Property; b) defines the Recycling Property ing the area
of the recycled property area; c) defines the portion of the Property intended to be used for
agricultural purposes or non-Recycling Activities; and d) identifies the general location of the
equipment to used for the Recycling Activities. The Recycling Property shall not , the location of the
recycling equipment, the farming property, and the remainder of the property related to this
Development Agreement. The Recycle property shall not exceed the identified thirty-six (36) acres in
total.
12. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local
laws and regulations that govern the collection, transporting and disposal of the recyclable
material(s) being collected.”
Meridian City Council Meeting Agenda December 4, 2018 – Page 356 of 445
DEVELOPMENT AGREEMENT MODIFICATION PROVISIONS
Timber Creek Recycling MDA H-2018-0042
NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant
shall complete the following: 1) Submit a copy of the Odor Management Plan approved by
DEQ referenced in Section 6.2.1 for inclusion as an exhibit in the DA; and 2) Submit a
landscape plan the demonstrates compliance with the screening requirements noted in
provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA.
Meridian City Council Meeting Agenda December 4, 2018 – Page 357 of 445