Vote: approved

Item Text

PZ-4. Z2013099 – MESQUITE SOLAR Supervisor District: 4 Owner / Applicant: SEP II, LLC Request: Major Amendment to expand the existing Special Use Permit (SUP) for a Photovoltaic Solar Generating Facility in the Rural-190 zoning district (ref: Z2009022 amended though Z2012052) Site Location: South of Elliot Rd, extending from approx. ¼ mile east of the 395th Ave. alignment and the 427th Ave. alignment, in the Arlington Valley area Site Size: Approx. 3,760 acres Commission Recommendation: Approve per staff recommended conditions ‘a’ - ‘w’ as follows: a. Development of the site shall comply with the Site Plan entitled "Major Amendment to Mesquite Solar", consisting of sixteen (16) full-size sheets, stamped received January 13, 2014, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled "Mesquite Solar Energy Project", consisting of 27 pages and 7 exhibits, stamped received January 13, 2014 as modified by the following conditions. c. All trees shall be double-staked when installed. d. All driveway entrances taking access from a dedicated right-of-way shall observe the 25-foot by 25-foot sight visibility triangle requirement as specified by the Maricopa County Zoning Ordinance. e. That portion of the site that is adjacent to Centennial Wash labeled as "Extent of useable area for solar facilities", shall continue to be re-vegetated and managed per the Comprehensive Land Management Plan (CLMP) as approved with Z2000071. f. To the extent possible, the applicant shall accommodate Maricopa County's regional trail system along their southern boundary adjacent to Centennial Wash as may be deemed necessary by Maricopa County Parks. g. The following MCDOT conditions shall apply: 1. The Owner shall provide a total half-width of right-of-way for the following roadway: Elliot Road 100 feet 411th Ave. 65 feet (East side of Section 14) 427th Ave. 40 feet 2. All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the applicant shall provide the County an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right-Of-Way Dedications Reference Guide”. Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the owner. Right-of -way dedication shall occur prior to zoning clearance for Phase 5 construction. h. Prior to issuance of any permits for development of the site, including landscaping, underground electrical transmission, channel crossings, or other improvements occurring within the right-of ­ way the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT). i. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. j. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. k. An archeological survey shall be submitted to and approved by the Arizona State Historic Preservation Office prior to issuance of a grading permit. The applicant must contact the State office prior to initiating disturbance of the site. The applicant shall provide the Planning and Development Department with written proof of compliance with this stipulation. l. The following Drainage Plan Review stipulations shall be met: 1. Final design plans for development of the site shall include the required scour protection along the western site boundary in accordance with SSA5-96. 2. Approval of the SUP is subject to approval of the Drainage Waiver submitted under application DRB2013004. 3. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 4. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 5. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. m. Prior to nay development and approval of building permit on any parcel containing a floodplain, a Floodplain Use Permit must be obtained from the Flood Control District. n. If the number of employees increases beyond the 24 currently envisioned, the owner shall contact the Drinking Water Program Manager at 602-506-6935 for additional drinking water requirements and shall contact the Onsite Wastewater Plan Review Supervisor at 602-506-0372 for additional onsite septic requirements. o. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the Buckeye Valley Fire District. Prior to issuance of zoning clearance, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. p. The applicant or his successor shall obtain approval of any development plans from the applicable Fire Marshall prior to any construction. q. This Special Use Permit shall expire forty (40) years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within one (1) year of such termination or expiration. r. The applicant shall submit a written report outlining the status of the development at the end of five (5) years, twenty (20) years, and thirty-five (35) years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved stipulations. s. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. t. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). u. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. v. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. w. Prior to issuance of any construction permits or ground disturbance activities in Phases 5 – 7, the developer shall provide assurance in an amount and form acceptable to the Maricopa County Planning & Development Department sufficient to restore any natural areas and stabilize the entire site in the event the project is abandoned, expires or otherwise becomes defunct during construction. (C-44-14-066-M-00)