Vote: approved

Item Text

PZ-1. MESQUITE GENERATING STATION Case Number: CPA2013004 Supervisorial District: 4 Owner/Applicant: SEP II, LLC et. al. Request: Modification of Conditions to CPA200005. CPA case approval is by Resolution. Site Location: Elliot Rd., between 371st Ave. align. and 411th Ave. align. in the Tonopah/Arlington area Site Size: Approx. 3,400 acres Commission Action: By a vote of 7-0, recommended approval subject to conditions “a” through “d” as follows as follows: a. Stipulation “d” of CPA200005 shall read as follows: “A Land Management Plan for the power plant site (400 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Mesquite Generating Station”, consisting of (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. Annual reports for the progress and implementation of the plan shall be required within the Special Use Permit (Z2000071). A Land Management Plan for the water property (2,990 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Water Property”, consisting of seventeen (17) pages plus attachments A through H, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations.” b. Stipulation “e” of CPA200005 shall read as follows: “The Industrial land use designation shall revert to the Rural Residential/High land use designation after 5 years unless construction is completed to the point that the plant is capable of operating at its rated capacity. An Open Space designation shall be placed on the remainder of the property (2,990 acres) except as provided in CAP200807. At the expiration of the Special Use Permit (40 years from Board of Supervisors approval or any subsequent time extensions), the Industrial and Open Space designations shall remain on the properties. c. Stipulation “f” of CPA200005 shall read as follows: “The applicant shall participate in the development of a wildlife facility or enhanced wildlife habitat on a portion of their water property consistent with their Land Management Plan, which may include habitats, breeding programs, wildlife rehabilitation, a research/educational facility, or other wildlife enhancements as agreed to and developed in conjunction with Wildlife for Tomorrow, the Arizona Game and Fish Department, and/or other similar organizations. The applicant shall make available a minimum of (1) 300 acres of land and $250,000 or (2) $500,000 in combined land value and expenditures. Planning and Development will determine if the facility, itself, requires a Special Use Permit subject to public hearing and Board of Supervisor approval. The facility shall be operational within seven years of Board of Supervisor approval on December 6, 2000, or the applicant shall pay $500,000 to fund West Maricopa County Regional Park acquisitions, trails, facility enhancements and maintenance. The applicant shall submit an annual written report outlining the status of the water property until such time as the power plant site Special Use Permit (Z2000071) expires. The first report shall be submitted on December 6, 2001. The status report shall address implementation / progress of eh Comprehensive Land Management Plan (inclusive of the wildlife aspect referred to above).” d. Stipulation “g” of CPA200005 shall read as follows: “If a Special Use Permit (SUP) for any given portion of the water property is approved for use of that portion for solar energy generation facilities, the upon start of construction of such solar energy generation facilities, compliance with the Comprehensive Land Management Plan shall not require any past, existing, or future re-vegetation of that portion except as provided under said SUP, and instead the following land management conditions shall take effect: 1. All re-vegetated areas within the given portion of the water property are permitted to undergo vegetation removal as necessary for construction and operation of the solar generation facilities. 2. Measures to protect Centennial Wash shall be implemented as provided in the approved SUP for the solar energy generation facilities. These measures shall include soil stabilization and drainage control features. 3. Measures to control noxious weeds shall be implemented as provided in the approved SUP for the solar energy generation facilities. 4. Measures to control blowing dust and wind erosions shall be implemented as provided in the approved SUP for the solar generation facilities.” A full set of conditions for CPA2013004 are listed below in final format incorporating the Commission recommendations: a. Development shall comply with the Area Plan Amendment entitled “Application to Amend the 1992 Tonopah Area Land Use Plan, Mesquite Generating Station” consisting of 54 pages plus appendices (Volume I and II), dated August 2000 and stamped received August 30, 2000 except as modified by the following stipulations. b. Any request to change the land use designation from Industrial or Open Space as approved herein shall require an Area Plan Amendment with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. c. The land use designations shall not become effective until after the zoning clearance associated with the Special Use Permit application for Mesquite Generating Station (Z2000071) has been granted. d. A Land Management Plan for the power plant site (400 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Mesquite Generating Station”, consisting of (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. Annual reports for the progress and implementation of the plan shall be required within the Special Use Permit (Z2000071). A Land Management Plan for the water property (2,990 acres) shall be applied as proposed in the applicant’s document entitled “Land Management Plan, Water Property”, consisting of seventeen (17) pages plus attachments A through H, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. e. The Industrial land use designation shall revert to the Rural Residential/High land use designation after 5 years unless construction is completed to the point that the plant is capable of operating at its rated capacity. An Open Space designation shall be placed on the remainder of the property (2,990 acres) except as provided in CAP200807. At the expiration of the Special Use Permit (40 years from Board of Supervisors approval or any subsequent time extensions), the Industrial and Open Space designations shall remain on the properties. f. The applicant shall participate in the development of a wildlife facility or enhanced wildlife habitat on a portion of their water property consistent with their Land Management Plan, which may include habitats, breeding programs, wildlife rehabilitation, a research/educational facility, or other wildlife enhancements as agreed to and developed in conjunction with Wildlife for Tomorrow, the Arizona Game and Fish Department, and/or other similar organizations. The applicant shall make available a minimum of (1) 300 acres of land and $250,000 or (2) $500,000 in combined land value and expenditures. Planning and Development will determine if the facility, itself, requires a Special Use Permit subject to public hearing and Board of Supervisor approval. The facility shall be operational within seven years of Board of Supervisor approval on December 6, 2000, or the applicant shall pay $500,000 to fund West Maricopa County Regional Park acquisitions, trails, facility enhancements and maintenance. The applicant shall submit an annual written report outlining the status of the water property until such time as the power plant site Special Use Permit (Z2000071) expires. The first report shall be submitted on December 6, 2001. The status report shall address implementation / progress of eh Comprehensive Land Management Plan (inclusive of the wildlife aspect referred to above). g. If a Special Use Permit (SUP) for any given portion of the water property is approved for use of that portion for solar energy generation facilities, the upon start of construction of such solar energy generation facilities, compliance with the Comprehensive Land Management Plan shall not require any past, existing, or future re-vegetation of that portion except as provided under said SUP, and instead the following land management conditions shall take effect: 1. All re-vegetated areas within the given portion of the water property are permitted to undergo vegetation removal as necessary for construction and operation of the solar generation facilities. 2. Measures to protect Centennial Wash shall be implemented as provided in the approved SUP for the solar energy generation facilities. These measures shall include soil stabilization and drainage control features. 3. Measures to control noxious weeds shall be implemented as provided in the approved SUP for the solar energy generation facilities. 4. Measures to control blowing dust and wind erosions shall be implemented as provided in the approved SUP for the solar generation facilities. (C-44-14-007-M-00)