Vote: approved

Item Text

PZ-2. MESQUITE GENERATING STATION Case Number: Z2013049 Supervisorial District: 4 Owner/Applicant: SEP II, LLC et. al. Request: Modification of Conditions to Z2000071 & Z2008066 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 “c” of Z2000071 shall read as follows: “Development and use of the power plant site shall comply with the Land Management Plan entitled “Land Management Plan, Mesquite Generating Station”, consisting of seven (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations.” b. Stipulation “j” of Z2000071 shall read as follows: “Deleted” c. Stipulation “m” of Z2000071 shall read as follows: “The applicant shall submit an annual written report outlining the status of the development until such time as the Special Use Permit expires. The first report shall be submitted on December 6, 2001. The status report shall be reviewed by staff to determine compliance with stipulations and whether the report needs to be reviewed by the Planning and Zoning Commission. The status report shall also contain groundwater monitoring reports with annual withdrawals as well as evidence for how the facility is meeting stipulation “i”. In addition, the status report shall address the impact on wells in their area of influence as well as implementation/progress of their Land Management Plan.” d. Stipulation “w” of Z2000071 shall read as follows: “Deleted” A full set of conditions for Z2013049 are listed below in final format incorporating the Commission recommendations: a. Development and use of the site shall comply with the site plan entitled “Mesquite Power, LLC, Mesquite Generating Station”, consisting of 11 sheets, dated (revised) August 10, 2000 and stamped received August 30, 2000 except as modified by the following stipulations. b. Development and use of the site shall comply with the narrative report entitled “Application for Special Use Permit, Mesquite Generating Station”, consisting of 52 pages plus exhibits, dated August 2000 and stamped received August 30, 2000 except as modified by the following stipulations. c. Development and use of the power plant site shall comply with the Land Management Plan entitled “Land Management Plan, Mesquite Generating Station”, consisting of seven (7) pages plus attachments A through C, dated April 25, 2013 and stamped received May 10, 2013, except as modified by the following stipulations. d. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. e. Dedication of additional right-of-way to bring the total half-width dedication to 65’ for Elliot Road adjacent to the site shall occur within 6 months of approval of this request by the Board of Supervisors, and prior to zoning clearance for any structure. f. Prior to zoning clearance for any structure, the applicant shall bond per Maricopa Department of Transportation’s requirements to assure future repairs are made for Elliot Road. Upon Maricopa County Department of Transportation’s determination that Elliot Road repairs (if necessary) have been completed, any unused sums shall be returned to Mesquite Power, L.L.C. g. Prior to construction of the evaporation ponds, the applicant shall provide a contingency plan approved by the Arizona Game and Fish Department in regard to wildlife mortality resulting from the evaporation ponds. The approved plan shall be submitted to staff prior to construction of the ponds and shall include measures set forth in a letter from the Arizona Game and Fish Department to the Maricopa County Planning and Development Department dated August 2, 2000. h. The interior driveways and parking spaces (both permanent and temporary) shall be surfaced with a form of dust-proofing deemed acceptable by the Maricopa County Department of Environmental Services at the time of zoning clearance. i. The applicant shall meet all applicable requirements for groundwater use and other conservation requirements set forth in the Third Management Plan for the Phoenix Active Management Area existing as of the date they first begin withdrawing groundwater in connection with the project. j. Deleted. k. Mesquite Power L.L.C. shall mitigate domestic well problems within their area of influence by taking prompt corrective action. The area of influence shall be defined as that area within which the water table drawdown may exceed ten feet over any five-year period from and after the date of approval of this Special Use Permit (SUP) by the Maricopa County Board of Supervisors, solely as a direct result of pumping of 7,990 acre-feet/year based upon the Centennial Wash comprehensive water study and area of influence map. Mesquite Power L.L.C. will bear the cost of corrective action to restore and/or replace any domestic wells to production which meet each of the following criteria: i. the well is used solely as a domestic well from and after the date of approval of this Special Use Permit by the Maricopa County Board of Supervisors; ii. the well was an active well as of the date of the approval of this Special Use Permit by the Maricopa County Board of Supervisors; iii. the well is within the applicant’s area of influence; iv. the well cannot sustain the production necessary to meet the domestic uses established as of the date of approval of the Special Use Permit by the Maricopa County Board of Supervisors; and v. the loss of production is not caused by the domestic well owner or by the owner’s equipment. In the event all of the above-listed criteria are met, the owner(s) of such well shall notify Mesquite Power, L.L.C. at the phone number or address which shall be kept actively on file with the Maricopa County Planning and Development Department. Mesquite Power, L.L.C. shall initiate corrective action within 72 hours of receipt of such notice, even if the corrective action is temporary (the “Response Period”). In the event Mesquite Power, L.L.C. has direct knowledge that all of the criteria have been met, the well owner is not required to supply any notice and the Response Period set forth above shall run from the time Mesquite Power, L.L.C. acquired such knowledge. l. Prior to zoning clearance, the applicant shall provide a letter to Planning and Development staff from the Arizona Department of Water Resources verifying the results of the Centennial Wash water study along with the applicant’s area of influence map. m. The applicant shall submit an annual written report outlining the status of the development until such time as the Special Use Permit expires. The first report shall be submitted on December 6, 2001. The status report shall be reviewed by staff to determine compliance with stipulations and whether the report needs to be reviewed by the Planning and Zoning Commission. The status report shall also contain groundwater monitoring reports with annual withdrawals as well as evidence for how the facility is meeting stipulation “i”. In addition, the status report shall address the impact on wells in their area of influence as well as implementation/progress of their Land Management Plan. n. Annual use of groundwater in excess of 7,990 acre-feet shall require a major amendment to the Special Use Permit and be subject to public hearing and Board of Supervisor approval. In the event that groundwater over the 7,990 acre-feet allowance is needed, the applicant shall conduct an additional groundwater model to determine the expanded area of influence. o. Prior to zoning clearance, the applicant will provide a “will serve” letter from a fire service provider that has obtained certification from the State Fire Marshall and that it is within reasonable proximity to the site. The applicant shall also provide a “will serve” letter from an ambulance service provider that has obtained certification from the Arizona Department of Health Services. p. Prior to zoning clearance, the applicant shall provide a “will serve” letter from a qualified service provider for natural gas. q. All outdoor lighting shall be designed as recommended by the International Dark-Sky Association and shall be in compliance with Section 2318 of the Maricopa County Zoning Ordinance. r. The proposed evaporation ponds shall be lined and inspected (consistent with the Arizona Department of Environmental Qualities’ requirements) by representatives of the Maricopa County Planning and Development Department, Building and Safety Division prior to use. s. Appropriate permitting shall be obtained from the Arizona Department of Environmental Quality prior to construction of an on site waste disposal system. The waste disposal system includes the plant wastewater system and the sanitary system. t. This Special Use Permit shall expire 40 years from the date of approval by the Board of Supervisors. u. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. v. Non-compliance with the site plan and narrative report or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. w. Deleted. (C-44-14-008-M-00)