Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

15.HARQUAHALA SUN Case #: Z2021111 Supervisor District: 5 Applicant & Owners: Kimley-Horn & Associates – Keith Nichter / CV Harquahala LLC (C/O HV Sunrise, LLC) & Kawela One LLC (C/O HV Sunrise, LLC) – Matthew McCaffrey Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD with Plan of Development Site Location: Generally located at the SWC of the intersection of 483rd Ave. & Courthouse Rd Commission Recommendation: On 3/10/22, the Commission voted 7-0, to recommend approval of Z2021111 

Item Text

15. HARQUAHALA SUN Case #: Z2021111 Supervisor District: 5 Applicant & Owners: Kimley-Horn & Associates – Keith Nichter / CV Harquahala LLC (C/O HV Sunrise, LLC) & Kawela One LLC (C/O HV Sunrise, LLC) – Matthew McCaffrey Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD with Plan of Development S ite Location: Generally located at the SWC of the intersection of 483rd Ave. & Courthouse Rd Commission Recommendation: On 3/10/22, the Commission voted 7-0, to recommend approval of Z2021111 subject to conditions ‘a’ – ‘k’: a. The initial Plan of De velopment shall be developed in substantial conformance with the Site Plan entitled “ Harquahala Sun Site Plan” consisting of 17 full-size sheets, dated March 1, 2022, and stamped received March 1, 2022, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “ Harquahala Sun Narrative Report”, consisting of 14 pages, dated February 25, 2021, and stamped received March 1, 2022 except as modified by the following conditions. c. The foll owing Planning Engineering conditions shall apply: 1. At the time of application for building permits, the plans or a drainage exhibit must identify (quantity) offsite flows entering the site, 2. At the time of application for building permits, retentio n basin design for basins located in a floodplain must be revised to provide excavated basins. 3. Retention basin volumes must be sized for the 100 year , 2 hour storm event. Retention basins must drain within 36 hours. 4. At the time of application for building permits, the weighted runoff coefficient to size retention basins must be verified and be based on C=0.95 for the panels, C=0.88 for gravel access roads; and C=0.5 for unimproved areas. 5. At the time of application for building permits, detailed grading and drainage plans must show diversions necessary to direct flows from solar development site to a retention basin. No flow from the solar development site shall be permitted to flow directly offsite (unretained). 6. Electrical equipment, includi ng inverters must be elevated to be at or above the regulatory flood elevation for each respective flood zone; or otherwise floodproofed. 7. Work with the floodplains will require a floodplain use permit issued concurrent with the building permits. 8. Extension of the gen-tie across FCDMC owned properties will require procurement of a Flood Control District R/W permit. 9. Extension of the gen-tie within County (MCDOT) right-of-way may require procurement of a lease or license to occupy the right-of-way. 10. Driveways C and D along 491st Avenue, south of Courthouse Road must align. 11. The following R/W dedication and preservation will be required. R/W dedication must occur prior to issuance of building permits. Dedication: 491st Avenue – 40’ half width (80’ full) right-of-way for a collector roadway Courthouse Road – 65’ half width right-of-way Preservation: 483rd Avenue – 40’ half width right-of-way 499th Avenue – 65’ half width right-of-way 12. Based on the conceptual design natu re of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 13. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permits. 14. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drai nage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. d. The following IND-2 IUPD Zoning District standards shall apply: 1. Maximum Electric Transmission Line Height – 140’ 2. Maximum Lot Coverage – 60% 3. Parking Spaces Required – None required 4. Loading & Unloading Spaces Required - None required 5. Landscaping – No landscaping strip required 6. Sight Visibility Triangles – No sight visibility triangles are required at project site entry/access points and road intersection, section line, mid-s ection line or alignment corners 7. Article 902.91 – All utility uses shall be permitted to be conducted outdoors 8. Site Enclosure and Screening – Chain-link fencing and gates are permitted around the perimeter of the site boundaries except that opaque ch ain-link fencing with vinyl slats shall be required along any property line abutting a residential zoning boundary 9. Pavement Required – Pavement not required for parking spaces with approval of a dust control plan by Maricopa County Air Quality Departmen t. e. The applicant shall route their plans through the Department of Defense (DOD) siting clearinghouse process in accordance with the letter from Luke Air Force Base dated November 1, 2021. Based on those findings, a revised site plan shall be submitte d in accordance with condition ‘a’ if required. f. The Owner or Developer shall address and respond to all recommendations of the Arizona Game and Fish Department (AZGFD) included in the letter dated February 24, 2022 at the time of construction permittin g. The response shall be sent to AZGFD for review and consideration. The Zoning Inspector and/or their designee shall review the applicant’s response, and any subsequent comments received from AZGFD, to determine whether the response issued by the Owner or Developer addresses AZGFD comments in good faith. Should the Zoning Inspector and/or their designee decide that the Owner or Developer has not substantially addressed AZGFD comments in good faith, the Owner or Developer shall be required to propose and implement alternatives to the recommendations made by AZGFD. g. The Owner or Developer shall receive approval of a Cultural Resource Survey accordance with the comments received by AZSHPO in the letter dated July 8, 2021 prior to the issuance of building permits. h. The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility including ancillary offices and ancillary uses. Any other site uses shall require a Zone Change Major Amendment. 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 successors 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, and at the time of expiration of the Zone Change, 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 the expiration of the Zone Change, 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 Zone Change. The Zone Change enhances the value of th e 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-44-22-163-X-00)

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