Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

8.RE PAPAGO SOLAR PHOTOVOLTAIC POWER AND ENERGY STORAGE Case #: Z2019121Supervisor Districts: 4 & 5Applicant & Owners: RE Papago LLC / Multiple Request: Zone Change from Rural-43 to IND-2 IUPDSite Location: Generally located between I-10 on the north, Courthouse Rd. on the south, 483rd Ave. alignment on the west, and approx. 2,855’ NE of the intersection of 459th Ave. alignment and Salome Hwy. on the eastCommission Recommendation: On 8/5/21, the Commission voted 7-0 to recommend approval of Z201

Item Text

8. RE PAPAGO SOLAR PHOTOVOLTAIC POWER AND ENERGY STORAGE Case #: Z2019121 Supervisor Districts: 4 & 5 Applicant & Owners: RE Papago LLC / Multiple Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located between I-10 on the north, Courthouse Rd. on the south, 483rd Ave. alignment on the west, and approx. 2,855’ NE of the intersection of 459th Ave. alignment and Salome Hwy. on the east Commission Recommendation: On 8/5/21, the Commission voted 7-0 to recommend approval of Z2019121 subject to conditions ‘a’ – ‘ i ’: a. The initial Plan of Development shall be developed in substantial conformance with the Site Plan entitled “RE Papago Solar Photovoltaic Power and Energy Storage Project” consisting of 32 full-size sheets, dated June 15, 2021, and stamped received July 7, 2021, except that a revised site plan shall be submitted within 30 days of Board approval that reflects compliance with condition ‘d.4.” as it pertains to maximum lot coverage. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Zone Change Narrative”, consisting of 22 pages, dated July 6, 2021, and stamped received July 6, 2021 except as modified by the following conditions except that a revised narrative shall be submitted within 30 days of Board approval that reflects compliance with condition ‘d.4.” as it pertains to maximum lot coverage. c. The following Planning Engineering conditions shall apply: 1. Drainage Waiver case DRB2021005 must be approved prior to issuance of building permits. 2. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. On-site (solar field & substation) areas must be designed in such a manner so that flows are directed to retention basin(s). Basin overflows must be directed to well-defined drainage corridors, to the maximum extent possible. 3. Owner or owner’s agent shall be responsible for identifying and procuring any permit(s) for disturbance of, or work within delineated jurisdictional (Section 404) washes. 4. Sizing of the basin spillways must be determined based on the peak unattenuated flow rate, based on the proposed site condition, using either the Rational Method or DDMSW. Where the retention areas will be comingled with offsite flows, the offsite flows must be included in the discharge rate. 5. As part of the final design, channelized flow may be required to be dissipated (spread) at their outflow locations to match existing downstream conditions. 6. 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. 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. 7. Any disturbance to Special Flood Hazard Areas (floodplains) will require that a Floodplain Use Permit be issued concurrent with the associated building permit. 8. Pads for inverters, other electrical equipment, and any buildings within a Floodplain must be elevated to the regulatory flood elevation or otherwise designed to meet the requirements of the Floodplain Use Regulations. All development and engineering design shall be in conformance with the most current version of the Floodplain Use Regulations for Maricopa County. 9. Project improvements ( i.e. electric lines) within and immediately adjacent to District owned properties require a Right-of-Way Permit from the Flood Control District. 10. Future right-of-way needs, dedication, preservation, and offsite improvements, shall be addressed during site plan and/or building permit review, with the submittal of a traffic impact study, prior to any approvals. 11. Driveway accesses to paved MCDOT right-of-ways must be paved for the full width of the right-of-way. d. The following IND-2 IUPD Zoning District standards shall apply: 1. Maximum Electric Transmission Line Height – 140’ 2. Minimum Side Yard – 0’ 3. Minimum Rear Yard – 0’ 4. Maximum Lot Coverage – 60% 5. Parking Spaces Required – None required with a Maricopa County Air Quality Department approved dust control plan. High curb and/or bumper guards not required. 6. Landscaping – No landscaping areas required 7. Sight Visibility Triangles – No sight visibility triangles are required at project site entry/access points and road intersection, section line, mid-section line or alignment corners 8. Article 902.91 – All utility uses shall be permitted to be conducted outdoors 9. Site Enclosure and Screening – 6’ chain-link fencing with 1’ of barbed wire permitted e. The Owner or Developer shall address and respond to all recommendations of the Arizona Game and Fish Department (AZGFD) included in the letter dated May 26, 2021 at the time of construction permitting. 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. f. The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility including ancillary offices and ancillary uses. All other site uses shall require a Zone Change Major Amendment. g. 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. h. 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. i . 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 Special Use Permit. 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-44-22-334-X-00)

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