Request for a Special Use Permit for an inert materials landfill on an approximately 55.4-acre property zoned Planned Area Development (PAD) located at the southeast corner of Citrus Road and Roosevelt Street.
 

1. Conduct a public hearing to consider a request for a Special Use Permit on an approximately 55.4-acre property zoned Planned Area Development (PAD) located at the southeast corner of Citrus Road and Roosevelt Street.
2. Recommend approval of the request for a Special Use Permit for an Inert Material Landfill on an approximately 55.4-acre property zoned Planned Area Development (PAD) located at the southeast corner of Citrus Road and Roosevelt Street, subject to stipulations. (Christian M. Williams, Planner)

1. Except as otherwise provided in these stipulations, the site shall be developed in accordance with the Preliminary Site Plan attached hereto.
2. The Preliminary Landscape Plan has not been approved and prior to the issuance of any permits for any work within the site, all approvals required under applicable standards and regulations, including but not limited to approvals of grading and drainage plans, storm water prevention plans and dust control plans shall be obtained from the City Engineer or his designee. 
3. Prior to issuance of any permit for onsite work, the owner/operator shall be required to contract a certified Geotechnical Engineer experienced with land creation. The Geotechnical Engineer shall stipulate and oversee all testing necessary to ensure that existing and future conditions of the property have, and will have, adequate compaction for future development of the site. The Geotechnical Engineer shall provide recommendations for any repair of existing conditions, for the processing, placement, compaction, and testing of future materials, so as to provide acceptable subgrade for development of any future buildings. The recommendations shall include what type and frequency of inspections shall be conducted. These recommendations shall be provided to the City of Goodyear in a report that will be reviewed by a 3rd party, and if found acceptable, approved by the City Engineer.  Owner shall comply with all recommendations of the Geotechnical Engineer. Upon approval of the recommendations, the Geotechnical Engineer shall designate who shall perform the inspections (must be a credentialed inspector), and submit the reviewed inspection reports with a sealed letter indicating compliance of recommendations has been followed bi-annually throughout the duration of the project to the City Engineer. The Geotechnical Engineer shall provide direction on how to correct any deficiencies identified in the reporting and verify compliance with approved recommendations has been restored. This protocol shall remain in place throughout the duration of the project. All operations shall be in conformance with the approved report and operations may be suspended by the City Engineer or his/her designee for the failure of the operations to conform to such approved report;
4. No permits for any on-site work will be issued until Owner submits a Goodyear Land Reclamation Management Plan, and obtains the approval of the City Engineer and Zoning Administrator or their respective designees of such plan.  In addition to other requirements of the Zoning Administrator and City Engineer, the plan shall include requirements for regular testing and monthly updates on the operations, which are to be submitted to the City as provided in the agreement.
5. No permits for any on-site work will be issued until paving improvements have been installed along the northern boundary of the site from Citrus Road east to the eastern property line as shown on the preliminary site plan attached hereto (the “Access Road”).  The paving improvements shall meet or exceed the minimum requirements for paved fire emergency access roads.  Prior to obtaining a grading permit for such work, access road paving plans as applicable must be reviewed and approved by the Engineering Department;
6. Traffic within the site shall conform to the traffic flows reflected in the preliminary site plan attached hereto, and ingress and egress into the site shall be on the Access Road;
7. Upon the completion of the Access Road improvements, owner/operator shall install No parking signs along the Access Road Improvements.
8. No permits for on-site work shall be issued until the entire site has been fenced with temporary fencing approved by the Zoning Administrator or his designee.  The temporary fencing shall be a heavy chain link fence or better that screens the site from neighboring properties and controls access to the site to authorized personnel and delivery of materials at all times.  If the site has been fenced with a chain link fence, a heavy cloth mesh (a sample of which will be provided to the city) or better that can withstand all weather conditions shall be firmly secure to the entire fence.  The fencing and attachments (i.e. cloth mesh or better) shall be maintained in good condition at all times.
9. Prior to the issuance of any permit for onsite work, the owner/operator shall remove all materials that may have been dumped outside of any existing perimeter fencing;
10. If necessary, and as determined by the Zoning Administrator in his/her sole discretion, owner/operator shall, at the request of the Zoning Administrator, relocate a portion of the perimeter fence to the outside boundary of the project site to ensure that no illegal dumping occurs outside of the fenced area;
11. Fill operations and reporting requirements shall be in strict compliance with the approved Goodyear Land Reclamation Management Plan.  Test results and updates on the operations of the site shall be submitted to the City Engineering Inspector on a monthly basis. All operations shall be in conformance with the approved Goodyear Land Reclamation Management Plan and operations may be suspended by the City Engineer or his/her designee for the failure of the operations to conform to such approved report.
12. The owner/operator shall strictly observe the following schedule:
    1. Crushing & Sorting Material
       1. First 60 days after grading permit:  9am-5pm, Monday through Friday
       2. After first 60 days:  10am-3pm, Monday through Friday
    2. Delivery of Material
       1. October 16th through April 14th (per City Code winter period):  7am-5pm, Monday through Saturday (No Sundays)
       2. April 15th through October 15th (per City Code summer period):  6am-5pm, Monday through Friday, 7 am to 5 pm, Saturday (No Sundays)
13. Prior to the commencement of any onsite work, the owner/operator shall install and maintain a permanent track-out pad that is compliant with AZPDES requirements; 
14. The Special Use Permit is for land reclamation involving inert materials exclusively. No other landfill activities are included in the Special Use Permit and are not approved by the city. The land reclamation operation shall comply with city, county, state and federal requirements;
15. The owner/operator shall be responsible for ensuring that no materials are dumped outside the fence. Any such materials shall be removed immediately by the owner/operator;
16. “White noise” back-up alarms shall be used on all developer equipment;
17. The decibel level at the property lines must be maintained at 65dB or lower. If the City receives at least 5 complaints within a 30-day period regarding noise from residents within 500-feet of the subject property, the City will measure the noise level. If the City finds the decibel level is higher than 65dB, then the developer will have to provide a noise study and implement mitigation measures to ensure the noise level is at 65dB or lower. The City will measure the noise level after mitigation measures have been enacted;
18. A site plan amendment shall be required under each of the circumstances listed below. When a site plan amendment is triggered, a site plan application, updated traffic study, and any documents typically required for a site plan amendment will be submitted to the City for review and approval and owner shall comply with the terms of the site approval.
    1. The construction trailer is moved
    2. If operations are not in conformance with applicable city, county, state or federal regulations or with the stipulations of approval and modification(s) to the site are required for the operations to be in conformance
    3. The approved traffic circulation flow must be amended to accommodate revised traffic patterns
    4. Other site improvements or changes that typically trigger a site plan review as described by the Zoning Ordinance;
19. Land reclamation operations shall be suspended immediately upon notification by the city, county, state or federal operational violations. Land reclamation operations may resume if the violation is remediated within 5 business days, or as otherwise authorized by the Zoning Administrator. If the violation is not remediated, the Special Use Permit shall be revoked; and,
20. Provided the land reclamation operations occur without a violation of any city, county, state or federal regulation, the Special Use Permit shall be valid for a period of five (5) years from the date of City Council approval of the permit. If the land reclamation operations are not complete at the end of the 5-year period, the owner/operator will need to re-apply for a Special Use Permit to resume or continue operations.
21. Future development of the site will need to address the spoils from the demolition of the former Trotter Track that took place in 2017. Large and small concrete spoils were placed in the South East section of the pit. For any future development to occur within this area, owner/operator will need to perform one of the following;
    1. Remove such spoils and fill in this area to an offsite landfill location and have a geotechnical engineer to certify compliance; or
    2. Process spoils and fill in this are in a manner so that it can be certified for base layer by a geotechnical engineer and have a geotechnical engineer provide certification to that effect; or
    3. Have a geotechnical engineer experienced in land creation and development certify the spoils and fill in this area provide adequate compaction for future land development; or
    4. Process the spoils and fill in this area to provide adequate compaction for future land development and have a geotechnical engineer experienced in land creation and development provide certification to that effect.
22. Prior to the commencement of any onsite work, the owner/operator shall install and maintain a permanent track-out pad that is compliant with AZPDES requirements;
23. The Special Use Permit is for land reclamation involving inert materials exclusively. No other landfill activities are included in the Special Use Permit and are not approved by the city. The land reclamation operation shall comply with city, county, and state requirements.

Although a fiscal impact analysis has not been conducted on this specific project, all new development will have an ongoing fiscal impact on the city. The development is responsible for construction of all infrastructure necessary to serve the site and will generate one-time revenue for the city through payment of permits, construction sales tax and development impact fees. Longer term fiscal impacts include increased demands for municipal services, the costs of which may or may not be offset by increased property values/tax levies, city sales tax, state shared revenues and the increased demand for commercial and retail development. Any areas that will be maintained by the city are constructed by the developer and then conveyed to the city two years after construction.

The subject property consists of approximately 55.4 acres of the larger 224-acre Innovation Center, generally located south of Interstate-10 between the Arizona State Route 303 Loop and Citrus Road.

The subject property was zoned Planned Area Development with Ordinance No. 2020-1472 which zoned the larger Innovation Centre development. Previous to the 2020 zoning case, the larger Innovation Center development was zoned PAD and AG (Agricultural). The portion of the property zoned PAD was part of the Cotton Lane RV/Mobile Home & Golf Resort PAD, which was initially approved on May 28, 1996, with the adoption of Ordinance No. 96-551.

The 55.4-acre subject property includes a large pit which had been utilized by the Arizona Department of Transportation as a borrow pit in order to construct the Interstate-10 (Papago Freeway) to the north of the Innovation Centre development.

Most notably, a portion of the Innovation Center property, adjacent to the subject property, had been developed as a trotter park but those facilities have since been demolished; portions of those demolished facility were disposed of on the subject property and were buried within the borrow pit.

Current Policy:
A Special Use Permit requires review by the Planning and Zoning Commission and approval by the City Council through the public hearing process.

Details of the Request:
The applicant intends to develop an inert materials landfill at the southeast corner of Citrus Road and Roosevelt Street and has submitted an application for a Special Use Permit.

The Innovation Centre development, in which the inert materials landfill will be developed, will be approximately 55.4-acres of the larger 224-acre development.

Initially, the developer will clean up the site by placing any materials outside the pit, into the borrow pit and removing any materials which cannot properly be compacted within the borrow bit. The developer will then go through a process of sorting and crushing the existing material in the borrow pit to ensure adequate compaction of the material. When the existing material is adequately compacted, new material will be accepted.

Conceptual Site Plan and Landscape Plan convey the screening mechanisms that will be implemented in order to screen the public from the pit filling activities, which are documented by Stipulation 8.

Evaluation Criteria:
The Zoning Ordinance, Section 1-3-4 (Special Use Permits), provides that the Planning and Zoning Commission and City Council must determine that the proposed use meets the following findings prior to granting a use permit:

1. The proposed special use will be desirable or necessary to the public convenience or welfare.
2. The proposed special use will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites. 3. The proposed special use is in conformance with the adopted General Plan and any adopted Area Plans.
4. The proposed special use will not be detrimental to surrounding properties or persons in the area due to; impact on the circulation system of the adjacent neighborhood; excessive noise or light generated from within the site; excessive scale or height in relationship to surrounding properties; hours of operation; inadequate parcel size to provide adequate buffers or mitigation measures to surrounding properties; inconsistency with the development character or architecture of the adjacent properties.
5. Demands for public services that will be generated by the uses permitted in the proposed zoning district.

Nearest Goodyear Fire Station	Shortest path		Longest path		2nd Nearest Goodyear Fire Station	Shortest path		Longest path
	Mins	Miles	Mins	Miles		Mins	Miles	Mins	Miles
Fire Station #184	7.42	3.71	7.42	3.71	Fire Station #181	10.12	5.06	10.12	5.06

6. General public concerns.