05. Z2022169 PZ Report
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Z2022169 Page 1 of 11 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2022169 – Butterfield Station Landfill Hearing Date: January 12, 2023 (Continued from December 8, 2022) Supervisor District: 5 Applicant: Jessica Sarkissian, Upfront Planning & Entitlements Owner: 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 Site Size: Approx. 962 gross acres Density: N/A County Island: Yes, City of Goodyear County Plan: Vision 2030 Comprehensive Plan – Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Goodyear – Industrial Municipal Comments: City of Goodyear – Letter of concern Support/Opposition: None Known Recommendation: Approve with conditions Z2022169 Page 2 of 11 Project Summary: 1. This is a request for modification of condition ‘e’ of zoning case Z2001127; an approved Special Use Permit (SUP) for the Butterfield Station landfill. The Butterfield Station site is comprised of approximately 962 acres in the Rural-190 zoning district. The initial landfill SUP was approved by the Board of Supervisors (BOS) on September 26, 1988 (Z88-16) and subsequently amended in January 2002 (Z2001127) for an expansion of size, extended timeframe, and a required status report due at five (5) years and twenty (20) year time periods after BOS approval. A status report was administratively approved within the five- year time frame. 2. The proposal includes amending condition ‘e’ which relates to the timeframe for the SUP approval. The Butterfield Station landfill was granted a period of fifty (50) years, and the applicant is requesting to modify this timeframe, in order to ensure the existing location, with the anticipation that suburban development is nearing the limits of the site. Listed below are the approved conditions along with the requested modification language. • Approved condition language: e. The Special Use Permit shall expire in 50 years or upon closure of the landfill and completion of all monitoring requirements associated with the closure. • Proposed amended condition language: e. The Special Use Permit shall expire in 50 years or upon closure of the landfill and completion of all monitoring requirements associated with the closure. 3. Butterfield Station Landfill is owned and operated by Waste Management of Arizona, Inc. (WMA). WMA has now operated the existing facility for over 30 years and the County has not had any formal complaints in regard to the facility’s operation. 4. Only non-hazardous waste is accepted at the Butterfield Station Landfill – categorized as municipal refuse and garbage, commercial refuse and industrial non-hazardous wastes. All hazardous categories of waste are prohibited including radioactive waste, whole tires and recyclable used oil. All loads are to be scheduled 24 hours in advance. The facility operates 7:00 a.m. – 4:00 p.m. weekdays. There is a schedule separating the times that different categories of waste loads can be dumped. 5. Background: • September 26, 1988: The BOS approved Z 88-16, an SUP for the existing 640-acre Butterfield Station landfill. • February 20, 1998: Staff administratively approved Z 88-16(e), the first and latest Minor Amendment to the Plan of Development (site plan and narrative report) approved by the BOS under Z 88-16. Z2022169 Page 3 of 11 • August 17, 1998: Staff administratively approved the third Status Report for the previously approved SUP as per condition ‘d’ of Z 88-16. It was determined the SUP remained in compliance with all conditions of approval, and that no additional status reports would be required. Staff no longer has records of the first and second status reports. • January 3, 2002: The BOS approved Z2001127, an SUP expansion from 640 to 962 acres for the existing landfill, with a 50 year timeframe. • May 28, 2003: Staff approved Z2003049, a request for a Minor Amendment to Z2001127, to add a micro turbine station, concrete pad and associated equipment. • May 15, 2006: Staff administratively approved the first Status Report (Z2007002) for the approved Major Amendment SUP as per condition ‘f’ of Z2001127. It was determined that the SUP remained in compliance with all conditions of approval. • February 6, 2008: The BOS denied Z2007098, an SUP Modification of Conditions to condition ‘e’ to modify the timeframe period of 50 years to 100 years • August 30, 2022: Staff administratively approved the second Status Report (Z2021170) as per condition ‘g’ of Z2001127. It was determined the SUP remained in compliance with all conditions of approval. Subject Site 2022 Aerial Exhibit Z2022169 Page 4 of 11 Subject Site and Surrounding Zoning Map Existing On-Site and Adjacent Zoning / Land Use: 6. On-site: Rural-190 / Butterfield Station Landfill North: PAD & Agricultural District / Vacant South: PAD & Agricultural/Urban / Principal Arterial (Rio Verde Dr.), then vacant land East: PAD & Agricultural District / Vacant West: PAD & Agricultural District / Midsection line roadway unpaved (156th St.), then vacant land Utilities and Services: 7. Water: Nearby domestic well Wastewater: EPCOR School District: Mobile Elementary School District Fire: Rural Metro Police: Maricopa County Sherriff Department Right-of-Way: 8. The following table includes existing and proposed half-width right-of-way and the classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Z2022169 Page 5 of 11 Street Name Half-width Existing R/W Half-width Proposed R/W Classification 99th Avenue 55’ N/A Local Butterfield Station Access Road 55’ N/A Minor Collector 107th Avenue 55’ N/A N/A Blackhawk Road 55’ N/A N/A 9. No additional dedication or improvements will be required as part of this project. The dedicated rights-of-way made under Z2001127 will remain as is. A one-foot vehicular non-access easement (1’ V.N.A.E) encircles the site completely to ensure access to the landfill is only through the intersection of 99th Ave. and Butterfield Station Access Rd. The site is accessed from S.R. 238, following the circuitous route that intersects with the highway at the 91st Avenue alignment running north for about 3 quarters of a mile then turning west for one-mile and entering the site through the southeast corner through 99th Avenue. Adopted Plans: 10. Maricopa County “Vision 2030” Comprehensive Plan (adopted January 13, 2016): The Comprehensive Plan designates this site as Rural Development Area (0-1 d.u./ac/), which is described to be appropriate for rural land uses and rural zoning. The site is also within the Municipal Planning Area of the City of Goodyear. Under this designation, the Comprehensive Plan indicates staff will take into account the local municipalities general plan to help ensure compatible land uses, where possible. 11. City of Goodyear General Plan (adopted June 23, 2014): The General Plan land use designation for the site is industrial. Industrial uses are described within the General Plan as “areas for more intensive business and employment uses which have a greater impact on surrounding land uses.” The existing landfill is an industrial use and, therefore, appears consistent with the City’s Plan. Public Participation Summary: 12. The applicant completed all necessary public participation requirements per Special Use Permit requirements and according to MCZO Section 304, including notification of property owners within 300’ of the subject site. Registered areas of interest were contacted by the applicant and staff regarding the Modification of Conditions request. To date, no opposition has been received. Outstanding Concerns from Reviewing Agencies: 13. City of Goodyear: City staff has expressed concerns in regards to additional right-of-way being required from the applicant and the opportunity to re-evaluate the conditions of approval in the future as the area is developed. The City was informed that no additional right-of-way will be required within this request and the previously approved conditions are still subject with the Special Use Permit along with the modified condition ‘e’. Staff has not received any additional concerns or feedback from the City of Goodyear. Z2022169 Page 6 of 11 Staff Analysis: 14. Condition ‘e’ of Z2001127 currently sets an expiration date of January 3, 2052. The applicant is seeking to modify the time frame for the Butterfield Station to remove the fifty-year timeframe from condition ‘e’ and continue to operate in conformance with Z2001127. The purpose of the request is to continue serving the region until the site can be formally closed and capped. 15. Reviewing County agencies, interested parties and adjacent property owners offer no opposition to this request. The landfill has been operating since 1988 (Z 88-1) and then expanded 2002 (Z2001127). Staff recently approved the second Status Report for Z2001127 in August of 2022, with all the conditions of Z2001127 and Z2003049 being in compliance. Staff is supportive of an SUP timeframe linked to operational capacity since it will continue to be in conformance with the previously approved conditions, site plan, and narrative. 16. The conditions recommended by staff remain identical to the conditions approved by the BOS under Z2001127 except for the subject condition and some minor modifications outlined below with modified conditions relabel: • Condition ‘a’ and ‘b’ would be modified based on this application and to create a consolidated set. • Condition ‘c’ required additional dedication of 55 feet along the boundary of the site prior to zoning clearance, which has been dedicated. • Condition ‘d’ required abandonment of the right-of-way dedication along the northern boundary prior to zoning clearance, which was processed through the Department of Transportation. • Condition ‘e’ would be modified to remove the 50-year time limit upon satisfaction of condition ‘h’. • Condition ‘f’ and ‘g’ required a status report 5 years and 20 years after original approval by the BOS, which staff has approved. • Condition ‘k’ was made when the Flood Control District was responsible for regulating the Drainage Regulations for Maricopa County. The site was inspected by an Enforcement/Floodplain Inspector and was found to be in general compliance with the approved grading and drainage plans. • Condition ‘m’ would be modified to require the applicant to revise the existing agreement to reflect current conditions. • Condition ‘t’ would be modified as it required a revegetation plan, which staff has approved on September 9, 2003. 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 two full-size three sheets prepared by GeoSyntec Consultants, date November 14, 2001, and stamped received November 15, 2001 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 "Waste Management of Arizona, Inc. - Narrative Report - Regard Z2022169 Page 7 of 11 Special Use Permit for the Proposed Expansion of The Butterfield Station Landfill Special Use Permit Narrative for Stipulation Modification – Butterfield Station Landfill" consisting of 66 5 pages prepared by Gammage & Burnham, P.L.C. et al Upfront Planning & Entitlements, , dated revised November 15, 2001 October 2022 and stamped received November 15, 2001 November 2, 2022 except as modified by the following stipulations. c. Additional dedication to provide a total half-width of 55 feet along the entire southern and western boundaries of Sec. 17, T4S, R1E and along the western and northern boundaries of Sec. 8, T4S, R1E, adjacent to the site, shall occur prior to zoning clearance. d. Abandonment of the right-of-way dedication along the northern boundary of Sec. 17, T4S, R1E through the Department of Transportation shall occur prior to zoning clearance. c. e. The Special Use Permit shall expire in 50 years upon closure of the landfill and completion of all monitoring requirements associated with the closure. 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. f. The applicant shall submit a status report to the Planning and Development Department outlining the status of the development at the end of five (5) years following approval of this request by the Board of Supervisors. The report shall address the status of the project, compliance with stipulations of approval, and shall include a traffic report update to be reviewed by the Department of Transportation. The traffic report update shall address whether traffic projections remain relatively statis as indicated in their traffic analysis and shall assess truck impact on the access road. g. The applicant shall submit status reports to the Planning and Development Department outlining the status of the development at the end of five (5) years and every twenty (20) years until closure following approval of this request by the Board of Supervisors. The report shall outline the status of the development, indicate compliance with all conditions of approval, and shall work to ensure record retention with regard to State mandated record destruction after 25 years. The Department may accept the report, request additional reports, carry the matter forward to the Planning and Zoning Commission or take other action as deemed appropriate at that time. h. 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 Z2022169 Page 8 of 11 recommendation of the Commission. Minor changes to the Special Use Permit may be administratively approved by the Planning and Development Department. i. 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. j. 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. k. Prior to zoning clearance, final grading, drainage and paving plans in conjunction with a final drainage report shall be submitted to the Flood Control District for approval. l. All drinking water must meet the Safe Drinking Water Act Standards. m. Prior to zoning clearance, the applicant shall enter into an agreement with Maricopa County to hold the County harmless should any environmental damage occur caused by the operator or operations at the landfill facility. 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. n. All heavy equipment used in the landfill operation shall be stored inside the bermed area. o. 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. p. A security fence shall be place on the outside of the berm surrounding the entire site. q. The maximum overall height of the landfill shall be 250’ above grade. r. The maximum depth of the landfill shall be 80’ below grade. s. 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 ‘t’, determine that less of a slope is required to support adequate revegetation efforts. Z2022169 Page 9 of 11 t. 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. A revegetation plan shall be submitted to and approved by the Planning & Development Department prior to zoning clearance. 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. 17. The applicant has reviewed the additional modified conditions proposed by staff and they have no concerns. Recommendation: 18. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2022169 subject to the following 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 Z2022169 Page 10 of 11 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” Z2022169 Page 11 of 11 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. Presented by: Paola Jaramillo, Planner Reviewed by: Darren Gerard, AICP, Planning Services Manager Attachments: Case Map (1 page) Site Plan/Land Use Plan (reduced 8.5”x11”, 3 pages) Narrative Report/Ex. Summary (5 pages) Planning & Development Engineering Comments (1 page) Narrative Maricopa County 1 SPECIAL USE PERMIT NARRATIVE FOR STIPULATION MODIFICTATION BUTTERFIELD STATION LANDFILL Submitted to: Maricopa County Planning Department 301 West Jefferson St, Suite 170 Phoenix, AZ 85003 Prepared by: Upfront Planning & Entitlements, LLC Ph: (480) 221-6150 Email: Jessica@upfrontplanning.com October 2022 Narrative Maricopa County 2 1. PURPOSE OF REQUEST Upfront Planning & Entitlements, LLC is pleased to submit for your consideration a Special Use Permit (SUP) amendment for a stipulation modification on approximately 930.19 gross acres located just north of SR 238 & W Maricopa Road and just west of 99th Avenue in the southern planning area of Goodyear and unincorporated area of the County. The property is located just north of SR 238 and is identified as Maricopa Assessor Parcel Number 300 25 021A, 300 25 018A and 300 25 020H (the͞ Property͟ ). The Property is 930.19 acres located within unincorporated Maricopa County (the͞ County͟ ) and currently zoned RU 190 ʹ Rural Zoning District. The property owner requests to amend the existing Special Use Permit (SUP) Z2001127 to remove time limit that restricts the approved special use permit. 2. BACKGROUND The property is in an area designated in the Goodyear 2025 General Plan as Industrial to promote increased economic activity and growth along major corridors. The Property is located just north of Narrative Maricopa County 3 SR 238 and a proposed major north/ south arterial route to the east is shown on the 2025 Goodyear General Plan. This makes the landfill facility a great fit to the adjacent City͛ s planned growth of this area for continued economic activity by providing a necessary support function. The Industrial sector in the Goodyear General Plan outlines areas of intensive business and employment uses which have a greater impact on surrounding land uses. SUP regulations also state that a SUP shall be desirable or necessary to the public convenience or welfare, will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites, and is in conformance with the adopted Comprehensive Plan. It is the intention of the facility to continue meeting all of these SUP regulations and requirements. This parcel is primarily surrounded by vacant rural agriculture property. The Property is in close proximity to SR 238. South of the site is primarily zoned PAD and AU in the City limits. The existing zoning on the site of RU 190 allows public facilities such as water, sewage, disposal, parks, and governmental services. This request is to amend and existing special use permit; the original case was approved in 1988 under case SUP Z88 16 and was previously amended in 2002 under case SUP Z2001127. The site has been in good standing complying with the current stipulations/zoning since approval. This application is seeking to delete stipulation E, which states that͞ The Special use Permit shall expire in 50 years or upon closure of the landfill and completion of all monitoring requirements associated with the closure.͟ No other changes to the current zoning approval are proposed. There are no restrictions on the hours of operation. Narrative Maricopa County 4 (Z2001127 Substantial Conformance 2014 Approved Site Plan) 3. DESCRIPTION OF PROPOSAL The property owner requests an amendment to a current SUP stipulation to remove the time limit restriction to allow the landfill to continue to operate as is currently permitted as is currently permitted and in accordance with the County approved site plan. 4. RELATIONSHIP TO SURROUNDING PROPERTIES __________ The surrounding parcels have been annexed into the City of Goodyear and are currently vacant and undeveloped. The parcels to the north adjacent to the Property are zoned RU 190 within the County. The property to the south is also zoned AU and PAD in the City of Goodyear vacant and undeveloped. To the east and west is undeveloped land zoned AG and PAD in the City of Goodyear. The Comprehensive/General Plan Land Use classifications, along with the existing zoning and uses for the parcels adjacent to the Property, are listed in the table below: Adjacent Land Uses Direction General Plan Land Use Existing Zoning Existing Use North Unincorporated County RU 190 Vacant / Rural Development East City of Goodyear AG and PAD Vacant South City of Goodyear AU and PAD Vacant West City of Goodyear AG and PAD Vacant Narrative Maricopa County 5 The Maricopa County Comprehensive Plan shows the site as Unincorporated. The City of Goodyear General Plan shows the site as within the city planning area boundary. The proposed stipulation modification amendment remains consistent with the County͛ s current RU 190 zoning and existing SUP within Maricopa County Zoning as well as the overall intent of the original approved Special Use permit approved in 1988 and reapproved in 2001. 5. ZONING _______________ The property owner requests a stipulation modification to the current SUP. Stipulation E with the SUP, has an expiration date of 2052. This amendment seeks to remove the time restriction to allow the owner to continue the landfill operations in accordance with the site plan approved by Maricopa County that is a part of the existing SUP. No other changes to the SUP are proposed. 6. COMMUNITY FACILITIES AND SERVICES Sewer ʹ The Property is located within the service area for EPCOR Water and has septic on site. Water ʹ The subject site has a permitted PWS well onsite. Power ʹ APS is the electricity provider for the area. Police / Public Safety ʹ Maricopa County Police Department. Fire Protection ʹ Rural Metro currently serves the site. 7. LOCATION & ACCESSIBILITY The Project site is located in Section 17, Township 4 South, Range 1 East, in the Unincorporated County of Maricopa. All trucks enter through Butterfield Station Road (91st Avenue) off of 238 which was dedicated to the County upon completion. No trucks enter off of 99th Avenue. Butterfield Station Road is a dedicated Road of 110͛ Wide ROW. 8. DEVELOPMENT SCHEDULE _______ The Project development is an existing MSW landfill and will continue to operate in accordance with the site plan in the existing SUP. 9. CONCLUSION _____________ The proposed stipulation modification will allow the site to continue to provide services for the region and finish the site until buildout. This property͛ s use is consistent with the surrounding undeveloped land in the area. Bob Fedorka, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-7151 www.maricopa.gov/planning Email address: bob.fedorka@maricopa.gov Maricopa County Planning & Development Department Date: Memo To: Attn: From: cc: Subject: