Vote — approved

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

7.ARLINGTON VALLEY SOLAR ENERGY Case #: Z2022015 Supervisor District: 4 Applicant & Owner: Marilyn Burke / ConEdison Request: Special Use Permit (SUP) Modification of Conditions of case Z2009063, as amended via Z2012043, Z2013102 and Z2016059, to modify condition ‘j’ to preserve ROW for 395th Ave, and modify condition ‘x’ to extend the SUP to 5/11/2027 Site Location: Generally located 7,900 feet south of the SWC of Elliot Rd. & 387th Ave. in the Arlington area. Commission Recommendation: On 5/12

Item Text

7. ARLINGTON VALLEY SOLAR ENERGY Case #: Z2022015 Supervisor District: 4 Applicant & Owner: Marilyn Burke / ConEdison Request: Special Use Permit (SUP) Modification of Conditions of case Z2009063, as amended via Z2012043, Z2013102 and Z2016059, to modify condition ‘j’ to preserve ROW for 395th Ave, and modify condition ‘x’ to extend the SUP to 5/11/2027 Site Location: Generally located 7,900 feet south of the SWC of Elliot Rd. & 387th Ave. in the Arlington area. Commission Recommendation: On 5/12/22, the Commission voted 9-0, to recommend approval of Z2022015 subject to conditions ‘a’ – ‘bb’: a. Development of the site shall be in substantial compliance with the Site Plan entitled "Arlington Valley Solar Energy, LLC", consisting of twelve (12) full-size sheets, dated February 22, 2022, and stamped received February 28, 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 "Arlington Valley Solar Energy project Narrative Report", consisting of 35 pages, dated February 11, 2022, and stamped received February 28, 2022, except as modified by the following conditions. c. Any special events as described in the narrative report shall be limited to 30 people. The groundbreaking event will exceed this maximum number; however, the developer will make provisions for off-site parking and shuttle service. d. Prior to zoning clearance for any permit, legal access documentation shall be provided for both the main and emergency access points. e. To the extent possible, the applicant shall accommodate Maricopa County's regional trail system which traverses their site generally along the 387th Ave. alignment adjacent to Winters Wash as may be deemed necessary by Maricopa County Parks. f. Any existing vegetation along 395th Avenue shall be maintained through construction and revegetation efforts shall be generally consistent with the vegetation along the west side of said alignment. g. Revegetation along and within Winters Wash shall be consistent with the US Army Corps of Engineers permitting requirements. In the event that this permit is not pursued, revegetation along Winters Wash shall be consistent with the Arlington Valley Energy Land Management Plan approved with CPA200004. h. All trees shall be double staked when installed. i. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet. j. Preservation of a right-of-way area to bring the total half-width to 65’ for 395th Ave. shall be maintained in project design. k. Prior to zoning clearance, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation [MCDOT) for landscaping or other improvements in the right-of-way. l. The following Maricopa County Environmental Services [MCESD) stipulations shall be met: 1. Prior to issuance of the first facility building permit, all required permits for any required drinking water, sanitary, and industrial wastewater permits by MCESD and ADEQ must be submitted to the appropriate agency. 2. No facility operation can begin prior to the approval of the above permits (issuance of an Approval to Construct) and a construction approval (Approval of Construction) of the required facilities signed by MCESD. m. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. n. Development of the site shall· be in compliance with all applicable Maricopa County Air Quality rules and regulations. o. 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 prior to zoning clearance for any building permits. p. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage 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. q. As part of the building permit process, a Floodplain Use Permit will need to be obtained from the Floodplain Management and Services Division of the Flood Control District. r. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the Arizona Fire & Medical Authority. 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. s. The applicant or his successor shall obtain approval of any development plans from the applicable Fire Marshall prior to any construction. t. 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 90 days of such termination or expiration. u. The applicant shall submit an annual written report 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 including maintenance of drainage facilities. v. 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. w. 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). x. If a building permit for the facility has not been issued by May 11,2027, this SUP and the related Comprehensive Plan Amendments (CPA200808, CPA2009016, CPA200917, and CPA200919) will be scheduled for public hearing by the Maricopa County Board of Supervisors, upon recommendation by the Maricopa [County] Planning and Zoning Commission, to consider reverting the zoning to Rural-190 and the related land use designations to Open Space and Rural respectively. Additionally, in the event of reversion, the Land Management Plan associated with CPA200004 shall be implemented. y. 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. z. 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. aa. Prior to any ground disturbance activities and prior to the issuance of any construction permits, the developer shall provide assurance in an amount and form acceptable to the Maricopa County Planning & Development Department sufficient to restore or stabilize the entire site in the event the project is abandoned, expires, or otherwise becomes defunct. Additionally, in the event of reversion, the Land Management Plan associated with CPA200004 shall be implemented. bb. Continued compliance with the conditions of approval for Z2009063 as applicable. (C-44-22-221-X-00)

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