Concerns about the safety of an abandoned former mine located on land planned for hundreds of new homes in northern Peoria have delayed a rezoning hearing until recently.
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Concerns about the safety of an abandoned former mine on land planned for hundreds of new homes in northern Peoria have delayed a rezoning hearing until Tuesday.
Peoria City Council will consider a general plan land amendment and rezone of a new housing development known as the Cowley Property when it comes back from summer break, Aug. 18.
An approval would allow the developer to bring more than 800 lots on 280 acres along the northwest border of the city, west of the Ridgeline Road and 135th Avenue intersection, and southwest of the Ridgeline and Dysart roads intersection.
Chris Jacques, planning and community development department director, said the project was scheduled for consideration by council in February but was delayed to identify mitigation measures regarding the safety of the mine.
A separate remediation plan has begun in north Peoria to remove waste rock materials from a closed mine at Mystic at Lake Pleasant Heights, located northeast of Lone Mountain Road and Vistancia Boulevard.
“Upon [the Cowley Property] receiving a favorable recommendation from the planning and zoning commission, the city was made aware of enduring concerns by the Arizona State Mine Inspector’s office in regards to the condition of the abandoned mine. Namely, the concern pertained to the high slopes and unrestricted access to this area,” Mr. Jacques said.
The project's southernmost parcel contains a portion of the Jomax Mine Site sand and gravel operation that was abandoned around 2007, well before the current owner Mattamy Homes.
ASMI and Arizona Attorney General notified the city of concerns about the mine's safety in its present condition, particularly the presence of the high walls at the site. To that end, the city of Peoria, applicant and ASMI/AG worked togetherto identify mitigation measures to reduce the high walls and actively secure the site until the property was ready to be developed, Mr. Jacques said.
Additional stipulations have been added to address safety concerns and identify a path for final remediation when the south parcel develops. Until that occurs, Peoria is requiring the property owner and successor to indemnify the city, according to documents.
The following stipulations must be addressed within 90 days of a rezoning approval: repair existing perimeter fencing to secure the area; install/maintain “no trespassing signs”; complete the initial mitigation plan to mitigate the high walls within the mine property; and receive written verification from ASMI that the mitigation was satisfactorily completed.
Additionally, concurrent with the first preliminary plat submittal for the south parcel, a final mitigation plan that outlines the mine property's intended use, ultimate remediation measures, and remediation timing shall be submitted for review and approval by the city.
If these stipulations are not completed, the city will immediately defer all other pending approvals and will not issue building permits until the work is finished, according to documents.
“Over the last several months, the city has worked with ASMI and the Arizona Attorney General’s Office, along with the applicant, to identify an interim mitigation program to address this condition,” Mr. Jacques said.
The proposed community borders Trilogy at Vistancia and some neighboring residents have voiced concerns about the project ranging from water and traffic to wildlife.
Additionally, residents and officials with Peoria Unified School District, which would serve the Cowley Property, voiced concerns about school overcrowding already happening and which could increase as a result of this and other ongoing home builds.
The district has struggled to keep up with growth in the northern part of the city, and thousands of new homes are projected in the area in the years to come, resulting in children who will need public schooling.
To help pay for growth, developers may provide $1,000 per home at the close of escrow that may be used by the district for capital projects, such as new schools. But developers are not required to do this, and with the failure of three measures at the ballot box since 2016 to fund schools above what the state provides, the district does not have funds to build a school.
The district has accepted an offer from Mattamy Homes for funding to help with future capital needs, but an amount is not known.
However, in a letter sent to Mattamy Homes in February, Michael Maas, director of research for planning and assessment for PUSD, stated it is important to note that completing the agreement will not eliminate the potential for overcrowding the area’s schools.
“The district believes that this development will adversely impact the capacity of our schools in this part of the
district,” Mr. Mass stated in the letter. “In addition, the new students will stretch our ability to provide capital equipment, adequate technology and safe transportation for these new students.”
Philip Haldiman can be reached at 623-876-3697, phaldiman@newszap.com, or on Twitter @philiphaldiman.
Philip Haldiman is a third generation Arizona native with brief residencies on the east and west coasts.
He has bachelor’s degrees in Theater and Journalism at Arizona State University, and is an award winning journalist with more than 15 years worth of experience in reporting and editing.
Most recently, he took first place for investigative reporting and third place for best sustained coverage or series at the 2023 Arizona Newspapers Association awards.
In his free time, he produces an autobiographical comic book about his time spent in Hollywood and his life as a cult film star.
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