Vote: held

Item Text

PZ-2. SUN STREAMS SOLAR ELECTRIC GENERATING STATION Case #: Z2013015 Supervisor District: 4 Applicant: Stephen W. Anderson, Esq. on behalf of Nuclear Vision LLC, et. al. Request: Major Amendment to a Special Use Permit (SUP) for a photo-voltaic solar generating facility in the Rural-190 zoning district Site Location: North and south of Elliot Road, from 355th Avenue to approx. 371st Avenue (align.) in the Arlington Valley area. Site Size: Approx. 2,155 acres Commission Recommendation: Approve by a vote of 9-0 subject to conditions ‘a’ - ‘w’ as follows: a. Development of the site shall be in substantial conformance with the Site Plan entitled “First Solar – Sun Streams Phases 1 & 2”, consisting of 33 full-size sheets, stamped received April 18, 2014 except as modified by the following stipulations. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Maricopa County Major Amendment to Special Use Permit, Z2013015 Sun Streams Solar Energy Farm Project Narrative Report”, consisting of 30 pages stamped received April 18, 2014 except as modified by the following stipulations. c. As photovoltaic solar panels increase in efficiency, the facility may exceed the stated 193.44 megawatt output capacity provided the site is no more intensely developed than as depicted on the site plan referenced in Stipulation ‘a’ above. d. “Security Yard Light with Camera” as depicted in Detail 4 on Sheet C5.4 of the site plan referenced in Stipulation ‘a’ above shall be located as generally depicted on said site plan except that in no case may said lighting be located closer than 40 feet from any perimeter property line. e. The following Transportation stipulations shall apply: 1. The Owner shall provide a total half-width of right-of-way for the following roadways: Elliot Road - 100 feet (Both north and south side) Dobbins Road - 40 feet (363rd Ave going east) 363rd Ave - 40 feet (Baseline Rd. to Dobbins Rd.) 355th Ave - 55 feet 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 applicant/Owner. 2. All driveway access within County Right-of-way shall be paved. 3. Roadway 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 current MCDOT Design Standards. f. Right-of-Way dedications as discussed in Stipulation ‘e’ above shall occur prior to zoning clearance for any grading or construction permit, with the exception of those relating to the installation of emergency warning sirens. g. The following Drainage Review stipulations shall apply: 1. Wet crossings, including retention basin overflows, over Elliot Road and 355th Avenue shall conform to the requirements of Table 6.7 of the Maricopa County Drainage Policies and Standards. 2. Bleed-offs from retention basins shall be directed to well-defined natural or manmade drainage facilities. Basins with unsuitable bleed-off conditions will require additional drywells to enable them to drain within 36 hours. 3. At the time of final design, further analysis of terraced basin configurations containing bleed-offs shall be required to demonstrate that the 100-year, 2-hour retention requirement is met. 4. 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. 5. 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. 6. Detailed Grading and Drainage Plans showing the new site improvements shall be submitted for the acquisition of building permits. h. The following Flood Control District of Maricopa County (FCDMC) stipulations shall apply: 1. For development within the Palo Verde FDS Zone A floodplain, the applicant shall determine water surface elevations to establish the Regulatory Flood Elevations (RFE). 2. All electrical below the RFE shall be either flood-proofed or elevated. 3. All project fencing shall be designed to allow historic flow to be maintained. 4. The applicant shall analyze the velocity to determine scour depth for the footings of the collectors and shall factor in scour around the poles of the collectors. 5. The lowest floor elevation of all building with the Special Flood Hazard Area shall be elevated to the Regulatory Flood Elevation or be flood-proofed. i. That area depicted on site plan Sheet L2.0 as being “undisturbed desert” shall remain undisturbed throughout the life of the facility including construction, except as needed to establish access to the site, to accommodate utility crossings, and fence construction. To ensure this area remains undisturbed during construction, the area shall be protected with a highly visible barrier such as orange snow fence or large diameter yellow rope. In the event of inadvertent disturbance to this area, the applicant shall restore the area to its pre-disturbed state as soon as reasonably practicable. j. All salvaged trees shall be double-staked when replanted. k. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment located outside of the site’s perimeter fencing shall be painted to complement the development and shall be screened with landscape material where possible. l. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. m. Prior to zoning clearance or mobilization of construction equipment or personnel, the applicant shall submit a revised Emergency Response Plan to the Maricopa County Department of Emergency Management (MCDEM) and shall provide written evidence from MCDEM that the revised Plan is meets their requirements. The applicant shall provide a copy of that plan to Maricopa County Planning and Development for inclusion in the subject case file. n. Prior to zoning clearance, the applicant shall provide written evidence from the Arizona State Historic Preservation Office stating that the entirety of the project has been surveyed for cultural resources. o. The following fire stipulations shall apply: i. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the Tonopah Valley Fire District. ii. Prior to zoning clearance, the applicant or successor shall obtain a will-serve letter from the Tonopah Valley Fire District after first having ensured that all properties located within the project area have been annexed into the District and that the properties are properly assessed for taxation purposes. iii. The applicant or successor shall coordinate with the Tonopah Valley Fire District regarding the approval of any construction plans pertaining to this project and shall provide evidence of final inspection from the Tonopah Valley Fire District to the Maricopa County Building Inspector prior to the County’s construction permit being finalled. p. 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. q. The applicant shall submit an annual written report beginning one (1) year from the date of approval of this Major Amendment by the Board of Supervisors until such time as the project is built-out and is 100% operational at which time status reports shall no longer be necessary except at the 35th anniversary of the approval of this Major Amendment. r. 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 except that items of minimal consequence may be considered to be in substantial conformance as deemed appropriate by the Planning Director. s. 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). t. 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. u. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowners. 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. v. If a grading permit or construction permit for the facility has not been issued within five (5) years from the date of approval of this Major Amendment, this SUP and the related Comprehensive Plan Amendments (CPA2010012, CPA2010013, CPA2011004, CPA2013005) shall be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa Planning and Zoning Commission, to consider reverting the zoning to back Rural-190 and the related land use designations to Business Park, Dedicated Open Space and Rural as applicable. w. Prior to issuance of any construction permits or ground disturbance activities, the developer shall provide financial assurance in an amount and form acceptable to the Maricopa County Planning & Development Department sufficient to secure the site, restore any natural areas to their pre-construction state, and to stabilize the entire site in the event the project is abandoned, expires or otherwise becomes defunct. (C-44-14-101-M-00)