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Home My WebLink AboutORD1428 ORDTNANCE NO. 1428 AN }RTNCE OF THE MAYOR AND CITY COUNCIL 1E THE CITY OF APACHE- vCTIO , ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJ R AMENDMENT, CASE PZ-2-16, FCAR 1 . 9-ACRE HEADY INDUSTRIAL BY PLANNED DEVELOPMENT WITH A SPECIALS USE PERMIT FOR A MUNICIPAL SOLID WASTE LANDFILL ("B-5/PD") -ZONED PROPERTY, ORIGTI ALL Y APPROVED Y ORDINANCE NO. 1034 AND LOCATED S 4050 S. TOMAHAWK ROAD, 9Y ESTABLISHING A CLOSURE DATE FOR LANDFILFL, OPERATIONS, ESTABLISHING CERTAIN DEVELOPMENT ' STANDARDS TNFRASTRUCTURE OBLIGATIONS RELATED TO THE DESIGN N FINANCING CAE THE CLOSURE AND RELATE POST-CLOSURE USE AXIS ACTIVTTIES AND AMENDING OTHER PROVISIONS OF C RSTNANCE NO. 1954 AS APPROPRIATE; REPEALING ANY CONFLICTING PROVISTO S; AND PROVIDING OR SEVERAL IL,ITY, WHEREAS, on May 19, 1998, the mayor and city council of the City of Apache ncti n ("city"') , passed Ordinance No. 1034, which rezoned the 1 5. 9-acre landfill Property, including the original 40-acre landfill it n n additional expansion of 88. 9 acres around the original 40 acres, from General Rural "CAR" to Heavy Industrial by Planned Development with a Special Use Permit for Municipal Solid Waste Landfill "CI- /P 3"? with ondi i rC ; and WHEREAS, In accordance with r l nc o. 1034, Section II , condition "E", Apache cti C Landfill Corporation ("AJLC" , the current n r, has completed installation of a 12-inc i water utility line and related eater infrastructure, running along Baseline . Cud, then south on Tomahawk to the landfill; nd said Canter line is in the process of going through the proper approval processes; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance rid zoning di t ict caps, effectively renaming the zoning district of the property from 11CI- 2/P " to "B - i P '`, but otherwise leaving Ordinance o. 1034 . in full force and effect; and WHEREAS, discussions between AJLC andcity representatives (the At artier") hahave commenced to :identify when the closure of the Ordinance No. 1.428 Page I of landfill will take place, heir high the landfill will be at closure for community planning and aesthetic .g o ds, future budgetary projections, and rather necessary steps related to completion- of bath legal and physical improvements for S. Tomahawk Road, among other things* and WHEREAS, the parties have come to consensus on closure and related items and feel that a planned development major amendment -is necessary to bath update the original conditions f approval and better define the future of the landfill, and AJLC and city obligations related thereto; and WHEREAS, on March 22, 2016, the Apache Junction Planning and Zoning Commission votesd 4-2 to recoimnend approval - of planned development major amendment ent case R - -1 , subject to conditions. NOW, THEREFORE, S IT ORDAINED Y THE MAYOR AND CITY COU1,4CIL OF THE CITY OF APACHE JUNCTIOIN, ARIZONA,- ASFOLLOWS: SECTION I . IN GENERAL That a planned c e e opmeht major amendment, restating and amending the conditions of Ordinance No. 1034, for the property lega .ly described bed .nal County Assessor parcel number 04-07-002; 1289 acres generally located in portions of the Southeast quarter of Section 4, the Southwest quarter of Section 3 the Northeast quarter of Section and the Northwest quarter of Section 10, all in Township South Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona a complete metes and bounds legal description of the landfill property is available for viewing at the City of Apache Junction, Development Services Department) be and hereby is approved, subject to the following conditions: ins: 1. At all times the property owner/applicant or operator shall be in full compliance with the terms and conditions of the vesting deed from Allied fast Industries, Inc. , to Apache Junction LandFill Ordinance No. 1428 Page 2 of corporation ("property - owner/applicant") , recorded in the Office of the Pinal County Recorder on October 3 1996, in Docket No. 1996-033326. At all tirade property y owner/applicant shall be in full compliance with the terms and conditions of the State of Arizona Land Patent No. 3-1003 7 01 no time during the use of this land as a municipal solid wa5te landfill shall any area used for solid greats storage exceed one thousand seven hundred twenty my feet 1.720' ) above men sea level. However, upon closure of the municipal solid waste landfill, the maximum height of any area used for solid waste storage shall not exceed one thousand seven hundred twenty-three feet (17 3' ) above mean sea level. 3 Property owner/applicant shall provide to the city copies of any notices of deficiency or problems, or other correspondence from any county, state or federal agency relating in any way to the operation of the solid taste landfill. Such documentation must b received by the city within ten l calendar days from the date property owner/applicant receives such reduces, correspondence or ether compliance orders/consent decrees . 4) The landfill shall cease accepting solid waste n or before December 312035, with closure S in pursuant to Arizona solid waste r n ment lags tinder A.R.S. 4 7 1, et seq. 3} Property owner/applicant shall maintain the property in accordance with state and federal regulations after all municipal solid waste landfill operations have terminated. `The special use permit issued herein dies not include the use of the parcel for the operation of either waste tiro collection site or a transfer station nor does it authorize any other use allowed in the - zoning district, except for storage of solid waste hauling vehicles, equipment, and machinery, as well as the repairing thereof in a fully-enclosed structure approved by city. Ordinance No. 1428 Page 3 of "l Property owner/applicant shall submit to city within twelve months o- council approval of this amendment to the plan of development, confirmation i manner acceptable le the city confirming the location, construction and ADEQ or ADWR approval of a twelve inch 12" water utility line extension, and other related water utilities l Prior to closure as set. forth above, property darner/applicant shall submit to the city the location and construction schedule for - all necessary roadways and roadway real ignore s/improvements on Tomahawk toad between Baseline Road :and the subject property, said improvements two include full title to right-of-way width as determined at such time by the city engineer, lags lames of asphalt in bath directions, with full curb, gutter and side a within said right-of-way, all of which engineered standards shall also be determined by the city engineer Prior to closure as set forth above, property darner/applicant shall submit to the city a current t site plan and final, topographical survey, said site plan clearly delineating any strucLures, monitoring dells, methane c alrlec ion systems, retaining structures,res, ancillary facilities, work shows, offices, gatehouses, weigh scales, and other accessory structures related to municipal solid caste landfill. operations, and the storing and repairing of solid waste hauling vehicles, equipment and machinery; and clearly delineating the drainage control structures for onsite retention,n, and other onsite improvements which city deems necessary, 1 ) The landfill shall operate in general conformance to the site plan presented to city by properLy owner/applicant in January of 2016, and in accordance with normal procedures for the development, construction, filling, maintenance and : monitoring of cells 11 ) AJLC will create a natural barrier between the landfill and all neighborhoods, such barrier to be in the form of trees or natural landscaping to be agreed ordinance No. 1428 Page 4 of upon between the city and the landfill . 12) At the entrance drive to the landfall (intersection o Tomahawk Road and E. Baseline Avenue) , on each side of the entry drive, AJLC shall, install sip; t " x trees, twenty-four t gallon shrubs '-minus decomposed granite groundcover and entry monumentation no taller than six feet high, she entry drive land5caping and monument improvements ents shall be contained within €`iLC' d easement drive area, be-designed by a landscape architect, use xeriscape plant materials, include irrigation and shall be st b et t to city' s Development erv.i ces Department' s review; input :and approval, which approval may not be unreasonably withheld by City. AJLC shall complete this landscapi.ng no later than one year -from the effective date of the amendment, and all continuing expenses, water and maintenance costs associated therewith shall be paid by AJLC until the closure e date, as defined herein. At the closure date, the dl.ty shall. assume all continuing expenses, Crater and maintenance costs associated there-with . 1. No later than sixty 46 3 days after the effective date, lit: shall submit a groundwater monitoring plan to ADEQ. Within ninety ) days of approval by ADEQ of the groundwater monitoring plan, and in no event, in no more than one (l.) year frorn the effective ve date, AJLC shall implement a groundwater monitoring l n. JLC shall beat: all costs associated with the creation, processing, implementation and management of a groundwater monitoring plan. 1.4) AjLC shall submit a report to city annually, on the anniversary of the effecLive date, regarding the status and indings Of the groundwater monitoring plan. AJLC may submit to city a copy of its most recent report to ADEQ t comply with this obligation. AJLC shall continue to 5ubmitr` its annual, report ford period of thirty (30) years ester the closure date, as defined herein, unless ADEQ determines at an earlier time that groundwater monitoring ng is no .longer" required, in which case ? JL ' s obligations under this aeotion are terminated Cardin nce No. 1429 Page 5 of 6 t SECTION II . REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein y roference are hereby repealed. SECTION III. PROVIDING FOR E VERABIL I T If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any wart- of the cads adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competenL jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED NADOPTED THE MAYOR R AND CITY OUDCT-L OF 'THE° CITY OF APACHE JN °TICN, ARIZONA, THIS Ply O lm SIGNED Via• .^' NIC ATTESTED TO THIS DAB* O 2016. N7tLA CO 3 ATTEST: City Clerk APPROVED AS TO FORM: 4*1*�> i 2. G- I-G RI1CH RD JOEL STERN City Attorney Ordinance No. 1428 Pace 6 of