Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

Ayes: Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, Steve Gallardo

Item Text

12. BUTTERFIELD STATION LANDFILL Case #: Z2022169 Supervisor District: 5 Applicant / Owner: Jessica Sarkissian, Upfront Planning & Entitlements / Waste Management of Arizona Request: Modification of Condition to an approved Special Use Permit (Z2001127) in the Rural-190 zoning district Site Location: Generally located at the northwest corner of Butterfield Stage Rd. & 99th Ave in the Goodyear area Commission Recommendation: On 1/12/23, the Commission voted 8-0, to recommend approval of Z2022169 subject to conditions ‘a’ – ‘p’: a. Development of the site shall be in substantial conformance with the site plan entitled “2014 Plan of Development – Butterfield Station Facility – Mobile, Arizona” consisting of three sheets prepared by Stantec, dated July 7, 2014, and stamped approved July 16, 2014, except as modified by the following stipulations. b. Development of the site shall be in substantial conformance with the narrative report entitled " Special Use Permit Narrative for Stipulation Modification – Butterfield Station Landfill" consisting of 5 pages prepared by Upfront Planning & Entitlements, dated revised October 2022 and stamped received November 2, 2022, except as modified by the following stipulations. c. Unless condition ‘p’ below has been addressed, the Special Use Permit shall expire on January 3, 2052. However, if condition ‘p’ has been fully addressed there shall be no expiration date or validity period and the Special Use Permit shall expire only upon closure of the landfill and completion of all monitoring requirements associated with the closure. d. Major changes to this Special Use Permit with regard to use and intensity must be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Commission. Minor changes to the Special Use Permit may be administratively approved by the Planning and Development Department. e. There shall be a one-foot non-vehicular access easement on the entire perimeter of the buffer except at the entrance identified on the site plan referenced in stipulation ‘a’. However, a Minor [administrative] Amendment will be allowed to approve secondary access onto perimeter roadways at the discretion of the Department of Transportation. f. The applicant shall remain in compliance with all rules and regulations of the Arizona Department of Environmental Quality, and shall submit copies of all approved changes to the Arizona Department of Environmental Quality Solid Waste Facility Plan for Butterfield Station (No. 07032700) to the Planning and Development Department. g. All drinking water must meet the Safe Drinking Water Act Standards. h. The applicant shall be in compliance with the executed agreement between Waste Management of Arizona Inc., and Maricopa County, entered as of May 22, 2006 (No. 0718527). The agreement shall remain in place until expiration of the Special Use Permit to hold the County harmless of any environmental damage occurrences caused by the operator or operations at the landfill facility. i . All heavy equipment used in the landfill operation shall be stored inside the bermed area. j. The operator shall obtain either a post-closure bond or a letter of credit if a bond is not available in accordance with State and/or federal requirements. k. A security fence shall be place on the outside of the berm surrounding the entire site. l. The maximum overall height of the landfill shall be 250’ above grade. m. The maximum depth of the landfill shall be 80’ below grade. n. The maximum finished, external slope of the landfill shall be 3:1. The Planning & Development Department may, in review of the revegetation plan required under stipulation ‘o’, determine that less of a slope is required to support adequate revegetation efforts. o. As each disposal cell is closed it shall be covered with hardscape or live landscaping such as native desert grasses and wildflowers to the greatest extent possible, in an effort to mitigate soil loss and dust due to water and air erosion and to mitigate the visual impact of the facility’s mass and height. The site shall be in conformance with the revegetation plan entitled “Butterfield Station Landfill Revegetation Plan” prepared by Logan Simpson Design Inc. dated May 2003 and stamped approved September 9, 2003. p. The applicant shall execute a revision to the agreement date December 14, 1994 between Waste Management of Arizona Inc. and Maricopa County to financially mitigate impacts to the local community of Mobile and the communities of Maricopa County based upon current and proposed conditions of the property and current and proposed operations of the facility. The agreement once executed shall remain in place until expiration of the Special Use Permit. If the agreement has not been fully executed within 180 days of Board approval of Z2022169, then Z2022169 shall be invalid and the Special Use Permit in existence before Z2022169 shall remain in full force and effect. (C-44-23-180-X-00)

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