Vote: approved

Item Text

PZ-4. MESQUITE SOLAR NORTH Case #: Z2016017 Supervisor District: 4 Applicant & Owner: SEP II, LLC Request: Zone Change from Rural-190 to IND-2 Industrial Unit Plan of Development (IUPD) to allow for a solar energy facility – Mesquite Solar North Site Location: Generally located at the northwest corner of Elliot Road and 399th Avenue. Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of Z2016017 subject to conditions ‘a’ – ‘k’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Site Plan entitled, “Mesquite Solar North”, consisting of 9 full-size sheets, stamped received June 10 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Mesquite Solar North Project Narrative Report”, consisting of 50 pages stamped received June 10, 2016, except as modified by the following conditions. c. There shall be a minimum 6’ (h) chain link fence around the site where slats/fabric would be provided along existing development along the private property parcels to the west. If further development of the surrounding parcels are to occur in the future, slats/fabric will need to be provided along the perimeters of these parcels. d. The applicant/property owner shall submit a ‘will serve’ letter from The Buckeye Valley Fire District for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. e. The following IND-2 IUPD standards shall apply: 1. Front Yard Setback – 0’ 2. Side Yard Setback – 0’ 3. Rear Yard Setback – 0’ 4. Setbacks for Major Streets, Section Line Roads, and Highways – 25’ for 395th Ave., 0’ for 403rd Ave., 25’ for Dobbins Rd. No service roads required for Elliot Rd. 5. Setbacks for Mid-Section Line Roads – 0’ for 399th Ave. No new interior roads along Mid-Section lines required within subject parcel 6. Setbacks for Local Streets – 0’ for Piedmont Rd. 7. Lot Coverage – 60% (not to include solar panels) 8. Industrial Uses within an enclosed building – waive requirement 9. Screening – Minimum 6’ (h) chain link fence (with 1’ height barb wire) 10. Parking – 0 spaces provided 11. Loading/un-loading – 0 spaces provided 12. Site Visibility Triangles – waive corner lot and screening restrictions within these SVT requirements (403rd & Dobbins, 403rd & Elliot, 395th & Piedmont, and 399th & Piedmont) f. The following MCDOT conditions shall apply: 1. Major construction deliveries shall be avoided during shift changes at the Palo Verde Nuclear Plant. 2. Reservation of right-of-way along the following roadway alignments shall be maintained: Dobbins Road: 25 feet (south side); 395th Avenue: 25 feet (west side) 3. “Emergency Access Only” signage shall be provided on the gate at the western site access along Elliot Road will require a permit from MCDOT. 4. Any work within the right-of-way of Elliot Road will require a permit from MCDOT. g. The following Drainage conditions shall apply: 1. The Drainage Waiver submitted under application DRB2016001 must be approved. 2. All retention basins must drain within 36 hours. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. h. The following Flood Control District conditions shall apply: 1. A Floodplain Use Permit will be required concurrent with the required building permit(s) for the site. 2. Pads for inverters and energy storage devices within the Zone A Floodplain must be elevated to the regulatory flood elevation. 3. Slats in perimeter chain link fencing within the Zone A Floodplain shall be elevated to the base flood elevation, 4. All development and engineering design shall be in conformance with the most current version of the Floodplain Use Regulations for Maricopa County. i. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. j. The property owner/s and their successor waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. k. 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 allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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, 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 of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-17-014-M-00)