Vote: approved

Item Text

PZ-2. RAINBOW VALLEY LANDFILL Case # Z2011075 Agenda Item: 2 Supervisor District: 5 Applicant: Lazarus, Silvyn & Bangs, PC Owner: Glenn & Mary Jane Weinberger, GMW Enterprises Inc. Request: Major Amendment to a Special Use Permit (SUP) to expand the area, time frame and to include municipal solid waste (MSW) for an existing landfill in the Rural-190 zoning district Site Location: 39500 S. 99th Ave. approx. 2 mi. north of Hwy. 238 (in the Mobile area) Site Size: Approx. 316 ac. Commission Recommendation: By a 8-0 vote, recommended approval subject to conditions ‘a’ – ‘q: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Solid Waste Facility Plan, GMW Enterprises, Inc“, consisting of three (3) full-size sheets, dated [November 2013], and stamped received December 2, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Rainbow Valley Landfill”, consisting of forty-eight (48) pages, dated August 22, 2013, and stamped received August 23, 2013, except as modified by the following conditions. c. Development of the site shall comply with the Landscape Plan entitled “Solid Waste Facility Plan, consisting of three (3) full-size sheets, dated November 2012, and stamped received April 2, 2013, except as modified by the following conditions. All trees shall be double-staked when installed. d. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. e. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. h. Landscape screening along 99th Ave. will be extended at the time that the northern area is opened for the landfill use. i. The Flood Control District of Maricopa County has no objection to the approval of the subject revision to the Special Use Permit request. For parcels within the mapped floodplain, prior to any development and approval of a building permit, a Floodplain Use Permit must be obtained from the Floodplain Management & Services division of the Flood Control District. j. Prior to zoning clearance approval, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, Department or Company servicing the site. k. The following Drainage Review conditions shall apply: 1 Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2 All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards, and best practices at the time of application for construction. 3 Section G-G of the Drainage Report/plans submitted 8/06/2013, shows riprap being placed in a layer completely through a berm. The riprap layer would allow retained stormwater to seep through the berm and flow offsite. Section G-G will have to be revisited in the construction permitting phase so that any inadvertent seepage through the berm is prevented. l. This Special Use Permit shall expire fifty (50) years from the date of approval by the Board of Supervisors, or upon termination of the use, whichever occurs first. Prior to closure of the landfill the owner will submit documentation showing compliance with all state and federal regulation. m. The applicant/owner shall submit a written report outlining the status of the development at the end of five (5) years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved stipulations. n. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. o. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). p. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. q. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-14-061-M-00)