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HomeMy WebLinkAboutResolution 2002-087 development/mining plan for new west materialsMARANA RESOLUTION NO. 2002-87 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE DEVELOPMENT/MINING PLAN FOR NEW WEST MATERIALS AGGREGATE EXTRACTION AND, PROCESSING, FOR AN AGGREGATE EXTRACTION AND PROCESSING OPERATION CONSISTING OF APPROXIMATELY 139 ACRES, LOCATED NORTH OF AVRA VALLEY ROAD, WEST OF AIRLINE ROAD, IN A PORTION OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 11 EAST. WHEREAS, New West Materials is the lessee, and B.K.W. Farms is the owner of property located west of Airline Road and north of Avra Valley Road, more particularly within section 12, Township 12 South, Range 11 East, known as 9300 W. Avra Valley Road, and has applied to the Town of Marana for approval ora D evelopment/Mining p lan for an aggregate extraction and processing operation consisting of approximately 139 acres; and WHEREAS, the Marana Planning and Zoning Commission has heard from the representative(s) of the owners, staff, and members of the public at the regular Planning and Zoning Commission meeting held July 31, 2002, and has determined that the Development/Mining plan for New West Materials should be approved (5 - 1, Parker dissenting) pursuant to the Commission's recommended conditions. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that New West Materials, submitted by New West Materials, Inc., for an aggregate extraction and processing operation consisting of approximately 139 acres of property, located west of Airline Road and north of Avra Valley Road, more particularly within Section 12, Township 12 South, Range 11 East, be approved with the following conditions: 1) The owner/applicant shall cause, to the Development Services Administrator's satisfaction, the necessary roadway dedications and improvements and channel and drainage improvement measures, as deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site or the Town's Master Transportation Plan, including but not limited to Avra Valley Road and the southerly alignment of Tangerine Road. Marana Resolution No. 2002-87 Page 1 of 6 2) 3) 4) 5) 6) 7) An assurance agreement shall be entered into by the owner/applicant prior to commencement of aggregate extraction and processing within Assessor's Parcel Number 21512004E, establishing a financial instrument of assurance to guarantee mitigation and reclamation of the mineral extraction operation. Said assurance shall be evaluated annually and adjusted depending on the cumulative level of disturbance. The agreement required herein shall be substantially in the form required by the adopted Surface Mining and Reclamation Ordinance. The maintenance of facilities shall be performed in a clean and safe manner including but not limited to the proper removal of derelict facilities, equipment, and/or storage devices. The owner/applicant shall annually submit a report to the Development Services Administrator detailing the current and proposed location of processing and extraction, changes in buffering or operational systems and/or schedules and any other factors which have or may cause material changes in the impacts associated with the surface mining activity. The report shall include a section on the potential for infiltration of flood flows and groundwater. The report shall also include a topographical survey in a form acceptable to the Development Services Administrator or equivalent town authority. A lighting plan, in compliance with the Town's adopted Lighting Code, shall be submitted prior to excavation, not including removal of overburden, providing a location and schedule of lighting facilities, temporary and permanent, and shall be updated annually. All permanent lighting measures at the new site shall not exceed the height of the proposed screening berm. Additionally, the program will mitigate trespass of light to surrounding areas and provide for the modernizing of lighting equipment in conjunction with the required annual lighting reviews. Directional (non flood) lighting required for operational and safety purposes is allowed on silos and above the height limits stated herein, provided such lighting is used only as required, is minimized and is' fully screened from adjacent properties and or rights-of-way. However, any such lighting remains subject to all light trespass restrictions. This is not intended to limit lighting necessary for equipment maintenance, provided the lighting is used only during active maintenance activities and does not trespass into surrounding areas. The reclaiming of any pit for the purposes of sanitary refill shall be prohibited. Site preparation as it relates to all water and drainage issues, such as effluent and potable service, shall be subject to and cooperative with the Development Services Administrator and Marana Water Department. Marana Resolution No. 2002-87 Page 2 of 6 8) 9) 10) ll) 12) The owner/applicant shall have approved landscape plans which shall include cross- sections of the proposed buffering and landscaping along all property boundaries. Such plans shall be reviewed and approved by the Planning Director. All graded areas in plain sight of adjacent properties such as, but not limited to; setbacks, buffers, and/or appropriate drainage ways that have not been included in the re-vegetation schedule for screening shall be hydro-seeded or treated with a soil-stabilizing agent. Furthermore, areas adjacent to rights-of-way (Avra Valley and Tangerine Roads), shall be landscaped with trees that grow to a minimum height of twenty-five (25) feet, and shall be twenty- four (24) inch box trees located in the berm, and shall be planted a minimum of twenty (20) feet on center or as approved by the Planning Director. All buffer areas outside of mining shall be hydro-seeded and provided with one tree and three shrubs per thousand (1000) sq. ft. of area, of which a minimum thirty (30) percent shall be twenty-four (24) inch box trees. Additionally, all berming areas shall be landscaped per the Town of Marana bufferyard standards, the conditions herewith, with the location of landscaping being determined through an approved landscape plan. All landscaped areas shall be continuously maintained per section 17-3-10 of the Land Development Code. The aggregate extraction operation shall comply with the most current and reasonably applicable environmental and safety standards, as identified in Federal, State, and Local laws, and shall be required to be updated on an annual basis. The sand and gravel operation shall insure that all trucks are properly loaded and that tires and wheels have been sprayed or washed for dust abatement or alternatives as approved by the Development Services Administrator or town equivalent. The operation shall support the adopted Town-wide Tarping Ordinance, and shall comply with said ordinance. The sand and gravel operation shall make best efforts in the period prior to adoption of that ordinance to secure loads departing the facility. All structures, modulars, and stockpiles within one hundred and fifty (150) feet of the centerline of the berm shall not exceed the height of the proposed screening berm. Beyond which no structure shall exceed thirty (30) feet above the existing pre- development grade. A maximum of five (5) permanent silos, having heights not exceeding fifiy-five (55) feet above the existing pre-development grade will also be permitted, provided they are setback a minimum of three hundred (300) feet from any property line. Up to five (5) additional temporary silos will be permitted as long as the duration of their use does not exceed twelve (12) months. This provision does not restrict the building of a site office at grade which will conform to the zoning code provisions. If additional silos are desired, they may be approved through the provisions of the Conditional Use Permit process of the Land Development Code. All proposed buffering and landscaping techniques, including densities, their implementation means, consideration of security and safety, and the monitoring thereof, shall be delineated in a "Landscape Plan" subject to the review and approval by the Town of Marana. Marana Resolution No. 2002-87 Page 3 of 6 13) 16) 17) 18) 19) On site sand and gravel processing, including crushing and washing, shall process only those materials extracted from within the Town of Marana, except for those materials incidental to the production of ready mix concrete and asphalt which are not available from the on site pit. Furthermore, the site may process recycled aggregate type materials (i.e. no tires, aluminum, steel, etc. materials). The Development Plan/Mining Plan shall stipulate the following provisions: 1) Permitted Uses shall be limited solely to 'Aggregate Extraction' 2) All accessory uses shall be contingent on the extraction of aggregate, so that sand and gravel processing, ready-mix concrete, asphalt processing, and the storage of materials or stockpiling shall only be permitted as an accessory use so long as the operation of extracting aggregate is not discontinued 3) If for any reason extraction of aggregate at the new site ceases operation for six (6) consecutive months the zoning shall revert upon a finding by the Town Council that non-compliance exists. This condition shall be amended and superceded by the Surface Mining and Reclamation Ordinance upon the Town's adoption of the Surface Mining and Reclamation Ordinance. 4) After the cessation of aggregate extraction, batching operations may remain, subject to a revised Development Plan. The oPerator shall design and construct all required multi-use trails, which shall be approved by the Town prior to installation. Connectivity of multi use trails, and the phasing thereof, shall be conducted in conjunction with an approved phasing plan. These conditions bind any and all successors and assigns. Prior to the commencement of aggregate extraction and processing within Assessor's Parcel Number 21512004E, a Development Agreement shall be entered into between the Owner/Applicant and the Town for the purpose of establishing a mutually acceptable business license renewal fee of $10,000, or such as established by town-wide ordinance, for the purposes of enforcement and monitoring of on-site activity support. Prior to the commencement of aggregate extraction and processing within the significant land use change area, a Development Agreement shall be entered into between the Owner/Applicant and the Town for the purpose of establishing a mutually acceptable recurring revenue source to be generated from owner's/applicant's operations and payable to the Town at a rate of 5 cents per ton of material extracted and sold, and for the project's parks, trails, and recreation improvement requirements. The applicant shall cause the owner to file a petition for annexation into the Town of Marana for the eastem -140 acres (APN 21614005A) and bind that this property shall be subject to the same conditions, standards, covenants and warranties that the property to the west, within the Town of Marana, is subject to. If unable to cause said annexation the applicant shall bind the eastem -140 acres (APN 21614005A) to the same conditions, standards, covenants and warranties that the property to the west, within the Town of Marana, is subject to. Marana Resolution No. 2002-87 Page 4 of 6 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of September, 2002. ATTEST: ~-'fi~'OI~BY~SUTTON, JR. Entz /,) Town Clerk APPROVED AS TO FORM: As Town Attorney and not personally Marana Resolution No. 2002-87 Page 5 of/.~"'