Vote — approved

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

7.AGAVE SOLAR Case #: Z2021160 Supervisor Districts: 4 & 5 Applicant & Owners: Snell & Wilmer, LLP / Arizona Public Service Company Request: Zone Change, with Plan of Development, from Rural-190 to IND-2 IUPD Site Location: Generally located 1/2 mile south of Elliot Road along 363rd Avenue alignment and then north and south of the Southern Pacific railway Commission Recommendation: On 7/7/22, the Commission voted 6-0, to recommend approval of Z2021160 subject to conditions ‘a’ – ‘j’: a. Developm

Item Text

7. AGAVE SOLAR Case #: Z2021160 Supervisor Districts: 4 & 5 Applicant & Owners: Snell & Wilmer, LLP / Arizona Public Service Company Request: Zone Change, with Plan of Development, from Rural-190 to IND-2 IUPD Site Location: Generally located 1/2 mile south of Elliot Road along 363rd Avenue alignment and then north and south of the Southern Pacific railway Commission Recommendation: On 7/7/22, the Commission voted 6-0, to recommend approval of Z2021160 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Site Plan for Agave Solar”, consisting of 30 full-size sheets, dated June 2, 2022, and received June 17, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Arizona Public Service Company Rezoning Application Narrative Report”, consisting of 10 pages, dated June 17, 2022, except as modified by the following conditions. c. Removal of Special Use Permit (Z99-111) for portions within the subject Z2021160 boundaries. d. The following Planning Engineering conditions shall apply: 1. Work within the floodplains will require a floodplain use permit issued concurrent with the building permits. If the project is determined to be building permit exempt, Floodplain Use permitting shall be processed by the Flood Control District of Maricopa County. 2. Prior to the start of work, the owner/applicant must obtain written permission from the owner of adjoining parcel(s) on which work is proposed, including, but not limited to, construction of bypass swale 2; and basin bleed-offs and spillways to and within the AVSE channel south of the site for Basins 6.1, 9.1, 10.1, 11.1, 14.1-14.3 and 16.1. 3. Retention basins must drain within 36 hours. Owner shall be responsible for maintaining basins, drywells and basin storm water quality devices in good working order. 4. Utilities for solar facilities that will occupy County R/W (i.e. gen-ties or other offsite electric utility extensions) require a license in addition to any construction related permits. The first step in the licensing process is to complete the MCDOT Solar License Application Form and email it to: MCDOTsolarlicense@maricopa.gov. 5. 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; 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. 6. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. e. Prior to initial building permit issuance the applicant/owner shall submit an FAA Obstruction Evaluation/Airport Airspace Analysis (FAA Form 7460-1) and a request for analysis to the DoD Siting Clearinghouse for Energy, Installations, and Environment. f. The IND-2 IUPD shall limit the use of the site exclusively to solar electric generating including ancillary facilities, appurtenances, and uses. All other site uses shall require a Zone Change Major Amendment. g. The following IND-2 IUPD Zoning District standards shall apply: 1. Min. Front Yard – 0’ 2. Min. Side Yard – 0’ 3. Min. Rear Yard – 0’ 4. Max. Lot Coverage – 60% 5. Parking Spaces Required – 6 standard parking spots, 1 ADA parking spot 6. Loading and Unloading Spaces Required – None required 7. Landscaping – No landscaping areas required 8. Sight Visibility Triangles – 25’ x 25’ 9. Article 902.91 – All utility uses shall be permitted to be conducted outdoors 10. Site Enclosure and Screening – 8’ tall chain link fencing with 1’ of barbed wire topping. Gates to be allowed at perimeter of project. This will include parallel fencing at eastern boundary of the site h. 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. i. 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. j. 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 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-44-23-042-X-00)

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