This area is designated as D-Rural Residential and the referenced parcels are RU-4. This area is occupied by families who chose the area as a safe, beautiful and peaceful place to reside. To sit outside on the porch and enjoy a cup of coffee, or have a nice relaxing chat with a neighbor, is invaluable. This is not an appropriate area for Heavy Industrial activity. The proposed heavy industrial purposes are fundamentally incompatible with all properties in this tranquil residential zone.
THE PROPOSED ZONING CHANGE TO HEAVY INDUSTRIAL AND REQUESTED LAND USE AMENDMENT POSE A SIGNIFICANT HEALTH RISK TO RESIDENTS, ANIMALS, PLANTS, AND THE ENVIRONMENT, INCLUDING AIR, WATER AND SOIL.
AIR - Air quality is essential for residents’ and animals’ health and well-being. The referenced area has frequent high winds. Blowing dust is a hazard. Potentially contaminated blowing dust and other material is a serious health concern. If Heavy Industrial zoning is approved, airborne toxic dust/particulate material is very likely to occur.
Potential FIRE danger is a huge concern with heavy industrial activity. Mulch is known to spontaneously combust. Hot and dry weather, coupled with high winds, is a recipe for disaster. There are no fire hydrants in this area. Benson has a volunteer fire department (eight miles away). Fire departments with access to hydrants and plentiful resources in urban areas are challenged to contain mulch fires. There is only one way in and out of the area and that is North Ocotillo Rd. Should there be a fire, residents are at risk of being unable to flee the area. The storage and processing of Biomass, Electronic Waste, and Aggregate significantly increase the risk of air, water, and soil contamination, and fire.
The Applicant had a 3+ acre compost pile fire in 2010 that as of Jan 23, 2024, was still smoldering with occasional flare-ups. See report at https://www.azdeq.gov/node/3509
WATER - Residents have wells, and allowing this rezone and land use amendment puts their safe water in jeopardy! The proposed heavy industrial location sits on an aquifer that feeds directly into the nearby San Pedro River. Any contamination could potentially have far-reaching effects on citizens, animals, and the environment – well beyond the families in the North Ocotillo Rd area. The amount of wells and water used for industrial activity places all residents at risk of no water in the future!
SOIL - Storage and processing of Biomass, Electronic Waste and other material can leach into the soil and environment releasing mercury, lead, arsenic, cadmium, cyanide, etc. See official US Govt website ncbi.nlm.nih.gov for “Environmental contamination and public health effects of electronic waste: an overview” which states that e-waste contains over 1000 potentially toxic substances.
Wildlife and livestock are abundant in the area. Industrial activity could have devastating consequences for these animals due to all the biohazards mentioned above.
PEACEFUL ENJOYMENT OF ONE'S HOME AND AREA IS AT RISK.
Ocotillo Rd is a two-lane narrow, winding road that presents inherent driving dangers. It has sharp curves, uphill/downhill runs, washes, blind corners, and limited safe passing areas. Surface dips, cattle guards and seasonal flooding of arroyos are added dangers. With heavy industrial activity, heavier truck traffic would intensify driving hazards and dangers for residents, as well as cause significantly increased wear and tear on Ocotillo Rd. Ocotillo is the only ingress/egress to the residential properties on the western side of the San Pedro River that carries all residential and service traffic.
Loud noise generally accompanies heavy industrial activity. There would no longer be a peaceful cup of coffee or chat with the neighbor. Odors, toxic fumes, increased dust, airborne bacteria and mold, increased truck traffic etc., are all valid concerns that would disrupt our enjoyment of our homes. All that was so inviting and enticing to residents when they chose their homestead would be forever changed.
PROPERTY VALUE CONCERNS
Heavy Industrial activity would bring a devaluation of residential properties in which local residents have invested heavily. Most residents have lived in this area for a very long time, some, 40+ years. Zoning and land use designation should not be changed to accommodate a property owner who purchased one and a half years ago with the intent being future heavy industrial use.
IF APPROVED, COULD OPEN DOOR FOR MORE
Another legitimate concern is that the ostensible uses identified in the rezoning proposal are problematic as stated, but the owners would not be limited by those stated uses. Even more damaging and detrimental uses would be enabled and possibly implemented with Heavy Industrial zoning. This would cause even more concern, if that is even possible, for residents.
REPORT FROM THE OPEN HOUSE EVENT
The public was informed of an "Open House" event via two local Facebook groups only:
"Dear Neighbors on North Ocotillo Rd, You are invited to attend an Open House on April 13, 2024 from 10:00 am till noon on the property at 2150 N Ocotillo Rd. Shane Madson (sic) will be there to meet and answer questions regarding his plans for the property." Shane Madsen (Applicant) of Sierra Mining and Crushing Company, LLC did not attend the event. See PDF below for an Open House Report.
A COMPLAINT HAS BEEN FILED WITH COCHISE COUNTY ON APRIL 9, 2024, by residents alleging applicant/owner was in violation at time of filing by conducting commercial activity prior to the requested zoning change and land use amendment hearings. A large number of commercial trucks have been seen with full loads entering and leaving the referenced parcels since at least January 2024. For months, residents have observed a very large pile of biomass on the site. The applicant/owner and his "local representative" allege they plan to operate their "recycling center" responsibly...
See PDF below for the Citizens Complaint submitted to Cochise County on April 9, 2024.
See Page for Citizens Complaint #2 submitted on May 8, 2024 to Cochise County officials re requested investigation of referenced parcels.
IN SUMMARY...
The many families and individuals who have established and developed residential properties in this area have done so because they desire the safety, cleanliness, peace and tranquility afforded by residential and RU-4 zoning. During the past 40 or more years, the property owners have made heavy investments in securing homesites in the surroundings that are the best for them and their families. Any sensible citizen invests in the property that provides the most desirable living conditions. The longstanding residential and RU zoning of this area was intended to meet such needs – and any Heavy Industrial zone activity would go deeply against the grain of that established intent and guarantee.
We, Keep North Ocotillo Rd Residential, oppose the application/request for rezoning and land use amendment in Cochise County Re: Dockets CPA 24-01 and RZ24-07 (Ocotillo Rd).
APNs 208-26-014A, 208-26-023B and 208-26-023D SHOULD REMAIN ZONED RU-4, AND THE LAND USE SHOULD REMAIN D-RURAL RESIDENTIAL.