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HomeMy WebLinkAbout90-015 ~ ... t P.. ,~-j: . /).7) t, ~ 90:.5632 i:COROED ifj 0::::" rNDEX M'Sr.FUp~88fE ;~RQfll.J~ED JAN 25'90 -800 AM, . RESOLUTION NO. 90-15 '1. ",,!{ i2JI. CO'In!"! ::-:'''::::;'~L_..- ' PGs.,._L~;2, A RESOLUTION REZONING OF AN APPROXIMATE 415 ACRE PARCEL LOCATED NEAR THE FRANCONIA RAIL STATION, NORTH OF 1-40 AT MILEPOST 13.5, BEING A PORTION OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 19 WEST, EXCEPTING THE ATCHINSON, TOPEKA & SANTA FE RAILWAY RIGHT-OF-WAY AND STATION GROUNDS, FROM: A-R/36A (AGRICULTURAL- RESIDENTIAL/THIRTY-SIX ACRE MINIMUM LOT SIZE) ZONE, PROPOSED TO BE: M-X (UNLIMITED MANUFACTURING) ZONE, LOCATED IN THE FRANCONIA AREA, MOHAVE COUNTY, ARIZONA WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on January 8, 1990, a public hearing was ~ conducted to determine whether approval should be granted to Dean Thomas, Scottsdale, Arizona for a rezoning from existing A-R/36A (Agricultural-Residential/Thirty-Six Acre Minimum Lot Size) to '-:; M-X (Unlimited Manufacturing) zone, located in the Franconia ~-.j ~ area, Mohave County, Arizona, and WHEREAS, the Board of Supervisors after hearing the testimony relating to this rezoning application and comments from legal counsel did continue the proposal until the next meeting to allow legal counsel, staff and the applicant to revise this resolution to reflect the conditions that were discussed at the Planning and Zoning Commission and this hearing in a legally sufficient document, and WHEREAS, at the special meeting of the Board of Supervisors held on January 22, 1990, a public hearing was conducted to determine whether approval should be granted to Dean Thomas, Scottsdale, Arizona for a rezoning from existing A-R/36A B0Q~, 1661 f ".: 19 -~,., ..-...~..'.,- ., . . . . . .~ ,>"~ -- , Resolution No. 90-15 Page 2 (Agricultural-Residential/Thirty_Six Acre Minimum Lot Size) zone, located in the Franconia area, Mohave County, Arizona, and WHEREAS, a public hearing before the Mohave County Planning and Zoning Commission on December 13, 1989 did generate a recommendation of approval of the request with the following contJi . ns noted: .1. That the owner/developer/applicant obtain legal access to the property off of Interstate 40 at Mile Post 13.5 and erect an elevated roadway that would cross the Santa Fe Railroad and the Sacramento Wash to the proposed property. This elevated roadway would meet the design approval of the Santa Fe Railroad Company and the County Engineer. Upon completion this structure and associated right-of-way to the site shall be dedicated to Mohave County for use as a public thoroughfare. That this be accomplished prior to any intended use as proposed by this rezoning request on the property; That the owner/developer/applicant obtain all of the permi ts necessary for the operation as proposed for this site from the State of Arizona and the County be in receipt of these permits before use commences on the property; 3. That this joint venture facility shall be expressly for the recycling of paper and other waste materials. The proposed facility will only accept nonhazardous solid waste mainly in the form of household trash, paper recycling stock and municipal/industrial wastes. No hazardous wastes, as otherwise defined herein, will be processed or disposed by the facility. The Zoning Authority reserves the right to approve all subsequent uses and place appropriate conditions and restrictions as the Zoning Authority may impose upon any subsequent uses. This would be accomplished through the application to the Board of Supervisors who after reviewing the request may refer the matter on to the Planning Commission for Hearing and Recommendation of specific action of the Board. 80m 1661 fME 2.0 .7: . . /: . /'" /' . . Resolution No. 90-15 Page 3 4. Due to the nature of this proposed facility, any household waste will either come into the facility already source separated or as a unit depending on negotiated contracts with clientele. If source separated (the preferred means) , the paper and recyclable materials will be directed to the paper recycling/processing plant with the remainder going to the Soils Regeneration Site or the landfill. If the solid waste comes into the facility as a unit, an area will be provided in the paper recycling plant to allow for source separation that would assure non-dispersal by wind or other elements. 5. The paper recycling facility will contain the administrative offices, employee showers and service area, an unloading area for the incoming waste material, separation units to sort the waste material (such as aluminum, ferrous metal, glass, plastics, low grade paper, high grade paper, etc.), pulverizing equipment for the paper, and the pulping equipment for processing the paper. All materials received at this facility with the exception of paper to be used for soils regeneration shall be either packaged, labeled or otherwise properly stored for shipment off site for further manufactured processing or sent directly to the landfill site for disposal. No further manufacturing process other than soils regeneration is authorized at this facility unless reviewed and approved by the Board as outlined in No. 3 above. ;,;..... .-"~ '~:'.: ~, 6. The landfill shall be restricted to a site of one- hundred and twenty (120) acres in size on the parcel ; known as Tax Parcel 207-31-07, as submitted by the applicant. This site shall be located totally outside of the flood prone area that currently traverses the site. Flood control will be addressed and approved by the Arizona Department of Environmental Quality. This landfill site size is achieved by subtracting the three-hundred (300') foot strip for greenbelt and flood control and the designated twenty-five (25') foot strip for access and inspection road as proposed by the applicant. I I I ; t ~ ! 7. The owner/developer and all future owners shall be bound by SUBTITLE "D", the federal environmental standard for solid waste disposal or its replacement act in its entirety, as well as any applicable Arizona State or federal regulations. It is further conditioned that an independent laboratory acceptable to the Arizona Department of Environmental Quality Bom:1661 f,~H 21 7',...",",' r - .'-'-.-",'": " . -' '\.- ; ,.< " .,-:-Q~~1,~' :;':'.w . . Resolution No. 90-15 Page 4 .~ ~-~~ --,' '~'- . ~ .-;'.-.:-~' " checks the water samples from the groundwater monitoring wells that are required by the SUBTITLE "0" regulations, or other applicable regulations, at a minimum of eight (8) times a year (evenly dispersed) during the first year to provide background identification, then reverting to quarterly thereafter. A copy of these reports shall go to the Mohave County Health Department. Mohave County retains right to establish the frequency of the well monitoring. The monitoring frequency shall be reviewed at a minimum of bi-annually by the County Health Department. 8. It is acknowledged that the Soils Regeneration Site proposed allows for the mitigation of potential environmental hazards associated with the special handled waste commonly found in normal landfill operations. These wastes which include RV septage, grass clippings and organic material, waste materials from the paper recycling process, contaminated soils (nonhazardous), industrial (nonhazardous), utility, sump and municipal sludges and septic pumpings are blended with indigenous soils, generated from the overburden removed from the landfill cell to produce three (3) usable products for the landfill operation and for possible resale. These are daily cover, final cover, and topsoil for reclamation of the landfill and resale. The aforementioned operation is authorized upon approval of methodology and operation by the Arizona Department of Environmental Quality. 9. The use permitted on the subject property shall not include the acceptance of any form of sludge, including . sludge from waste treatment plants, water supply treatment plants, pollution control facilities, or domestic sewage, from an source located outside of Mohave Count, Arizona, and or Lau hlin, Nevada or Needles, California consistent with E. T. Technologies ability to handle such waste in accordance with Arizona Department of Environmental Quality regulations, unless otherwise specifically approved by the Board of Supervisors, such application shall not be unreasonably withheld in the event that acceptable sludge as defined herein is required for the proper operation of the soils regeneration site, consistent with E.T. Technologies ability to handle su~h waste as permitted by Arizona Department of Environmental Quality. Bom,1661 fME 22. .7 , / ;/'~ . . Resolution No. 90-15 Page 5 -,.....~l 10. The owner/developer or subsequent owner/developers will be required to develop and maintain a complete waste manifest on each load/bundle/container or other measure of receipt of waste material received at this facility. This waste manifest shall be compared with the waste profile to determine how the waste was generated, types of products which may be in the waste including any Material Safety Data Sheets, a complete trail as set forth by the Environmental Protection Agency as it pertains to Potentially Responsible Parties (PRP's) and the method of receipt to include shipping documents. In the case of special handle waste received at the site, a laboratory analysis of the waste verifying that the material is nonhazardous and conducive for soils regeneration shall be required and permanently retained. Upon acceptance of waste, the client is to be assigned a Waste Code Number which must be placed on the Nonhazardous Waste Manifest required for each load of material. All records generated shall be maintained throughout the life of the facility and that arrangements be made with the County to retain such records in a permanent repository should the site close. Further I the county must be notified immediately of any attempt to dump hazardous waste on the site facility. ~~~ :::'i .~'~ 11. Future facilities anticipated and tentatively approved by this rezone request are contingent upon the approval of the Arizona Department of Environmental Quality and subject to current and subsequent Environmental Protection Agency Regulations that would pertain to the operation; the more severe of those regulations or guidelines shall prevail; the future facilities referred to above are as follows: a. A plastics recycling facility which will include separation/sorting areas, processing units. These units would consist of a low thermal steam process to melt the plastic. The melted plastic would be containerized and stored for shipment to outside raw product manufacturers. b. Car crusher/scrap metal recycling facility. c. Tire recycling facility that steel or glass belts and reduce the powder which would be containerized other outside manufacturers. would remove the tires to a fine for shipment to BOOf 1661 rH~ , '-\..:!:.. 23 ;:l ._,.~ <1:~ ;.0' ,:J1 ",. /. Resolution No. 90-15 Page 6 d. Glass recycling, by color and type, containerized and shipped to outside manufacturers. 12. The Planning Commission after public hearing also recommended approval of a Zoning Use Permit (ZUP) for the specific purpose of allowing the storage of flammable liquids in the form of bulk fuels on the site and recommends the Board authorize the same. These materials are flammable liquids and will be stored above-ground in approved tanks located north of the warehouse. One (1) 10,000 gallon tank of diesel will be authorized for general equipment fuel and one (1) 500 gallon tank of diesel will be allowed for emergency power generation. One (1) each 1,000 gallon tank of leaded and unleaded gasoline will be authorized. These tanks will be meet the minimum separation as required by the County Fire Marshal, utilizing the most currently approved fire code guidelines. 13. Sewage disposal will be provided by using a septic system. The County Environmental Health Department shall permit the system. The system will be designed and installed in accordance with the Mohave County Health Department Regulations. The materials contained in the septic tank will be authorized to be processed through the Soils Regeneration Site Facility. NO HAZARDOUS CHEMICALS or materials, as def ined herein, and by the Environmental Protection Agency shall be deposited in this septic system. The owner/developer shall provide the same records of fingerprint as required by outside generators. i 1 14. 'The use permitted upon the subject property shall prohibit the acceptance, storage, handling or process~ng of hazardous waste. For the purposes of this condition, hazardous waste shall include that waste defined in Arizona Revised Statutes 49-921 et seq, 40 CFR 261, R18-8-261, any other applicable Arizona State or federal regulations, and such definition to include waste or material contained in the list of hazardous materials as identified by the Environmental Protection Agency's most current listing of Hazardous Materials and Compounds. 15. The use of the property subject to the zoning change shall not permit the incineration, burning, or thermo oxidation of combustible materials, whether solids, liquids, or gaseous waste, including hazardous waste or materials as defined in number 14 above. Bom:1661 i~C~ 24 1"":-..,",\ t..-] , -, :<:..._~' ~ ~ " (\ ~ .-~ / ... . .; Resolution No. 90-15 G e Page 7 The applicant shall provide flood control to protect the property, such flood control sufficient to prevent the escape, transportation, or movement of any material from its position upon the property; such flood control must comply with guidelines set forth by the Mohave County Flood Administrator; under no circumstances shall any waste, processed or unprocessed, escape the boundaries of the site during heavy rains or floods. 17. The applicant shall maintain liability insurance for any and all environmental damage, to include ground water contamination, soil contamination, air contamination, or any harm which might accrue to the residents of Mohave County, or to Mohave County, a body politic and as identified by the Arizona Department of Environmental Quality or the United States Environmental Protection Agency in a dollar amount of One Million Dollars ($1,000,000) per occurrence. A complete copy of the most current policy shall be delivered each anniversary to Mohave County. For the purposes of this requirement a certificate of insurance IS NOT acceptable, only the complete policy with all addendums will be acceptable. If at any time the owner/developer/operator(s) or subsequent owner/developer/operator(s) violate the conditions specified herein, the property shall upon thirty (30) days notification by registered mail (receipt return requested) from the Board of Supervisors or their designate cause the violated condition to be corrected or provide a plan, acceptable to the County Board of Supervisors to correct the . violation within fifteen (15) calendar days of the receipt of such notification. Failure to comply with this condition may cause this rezoning to revert back to its prior classification, namely, A-R/36A (Agricultural-Residential/Thirty Six Acre Minimum). Mohave County further retains the additional right to enjoin the applicant, E. T. Technologies, Inc., Terra Quest, or any other individual, corporation, or joint venture which is doing business upon the property subject to this zoning classification, from violating any conditions specified herein, such injunction to include the right to close any and all facilities upon the property which operate in violation of the conditions specified herein, and to prohibit any and all uses which violate the condition specified herein. This reserve power would also include the closing of the landfill site in accordance with "Subtitle 0" of BOO~ 1661 rnE 25 . . Resolution No. 90-15 Page 8 the United States Environmental Protection Agency Regulations or its replacement act in its entirety at the expense of the owner as identified herein. The operation of this facility under the conditions outlined herewith indicates acceptance of these conditions in their entirety. 19. The owner/developer/operator(s) must commence development of this property through the design of plans for the elevated roadway and purchase of legal right-of-way, the submittal to the Arizona Department of Environmental Quality for permitting approval for the purpose as outlined and conditioned herewith and be able to show proof of same within one (1) year of the approval of this rezone. Extensions of time may be granted in one (1) year increments by the Board of Supervisors upon request by the applicant or his assign. Failure to do so will revert the zoning of this property back to its prior classification, namely, A-R/36A (Agricultural-Residential/Thirty Six Acre Minimum). Any request for extension shall be granted if the Board concludes that due diligence is being exercised to develop the property in accordance with the conditions enumerated. :j 20. That a minimum lot size of 415 acres be established. 21. Applicant agrees to accept and handle all generated within Mohave County and delivered site at no charge. septage to the 22. Applicant agrees to accept and purchase at prevailing rates all trash separated by glass, plastic, aluminum, paper, and ferrous metals all as a result of programs instituted and carried on by any of the political subdivisions of Mohave County. 23. Such change shall not be effective for at least thirty (30) days after final approval of the change in classification by the Board, being February 21, 1990, as per A.R.S. 11-829E, and 80m: 1661 fH~ ,........ 26 . . Resolution No. 90-15 Page 9 WHEREAS, this area is a typical desert landscape. This parcel is best accessed by Interstate 40 and/or Route 66 at the Franconia Station Interchange at Mile Post 13.5. It can be located in Section 8, Township 16 North, Range 19 West. This request for a recycling facility has been continued from previous hearings. The questions, in the past, reference ownership, has been cleared up by the applicant. Concerns that staff had in relation to site development have been addressed by the applicant. Staff and the developer have reached a conditional agreement that relates to the development of the property, and [" -~ ...... ~2:~ WHEREAS, the notice of hearing was published in the Mohave ;':_:1 -~ ;:==J Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona on December 22, 1989, and posted December 20, 1989 as required by Arizona Revised Statutes and the Mohave County Zoning Regulations, and I ~ \ ~ BOO~ 1661 r,.~: 27 . . Resolution No. 90-15 Page 10 NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their special meeting on Monday, January 22, 1990 approved this change in zoning as recommended by the Mohave County Planning and Zoning Commission, with additions made by the Board of Supervisors, such change subject to the conditions outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS r:",~ !~:J : -"'~ ~:iJ ~~ AI !6//~ Lois J. Hubbq)(d, "'c airman --.~ -~ Bom:1661 f~H 28