Vote — approved

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

Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo

Item Text

7. HARQUAHALA GENERATING FACILITY Case #: Z2022183 Supervisor District: 5 Applicant & Owner: Burch & Cracchiolo , P.A./ New Harquahala Generating Company, LLC Request: Zone Change with Overlay from Rural-43 and Rural-43 SUP to IND-2 IUPD Site Location: Generally located at the SWC of 491st Ave. and Thomas Rd. Commission Recommendation: On 4/6/23, the Commission voted 9-0 to adopt a motion recommending the Board of Supervisors approve Z2022183 subject to conditions ‘a’ – ‘t’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “ Harquahala Generating Station”, consisting of 17 pages, dated March 24, 2023, and stamped received March 24, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “New Harquahala Generating Company, LLC”, consisting of 6 pages, dated March 10, 2023, and stamped received March 10, 2023, except as modified by the following conditions. c. The following IND-2 IUPD Zoning District standards shall apply: 1. Max. Height: 190’ for existing area of site, 50’ for expansion area including evaporation ponds 2. Parking Spaces Required: 37 spaces including 2 ADA spaces 3. Loading and Unloading Spaces: No loading and unloading spaces required 4. Landscaping: No landscaping setback required 5. Screening: Min. 6’ chain-link fencing along the perimeter of the site, existing fencing associated with the existing site may remain in the existing location 6. Sight Visibility Triangles (SVT): SVT’s waived at project site entry/exit points, section line and midsection line intersecting alignments 7. Article 902.9.1: Evaporation ponds and utility uses associated with the generating station permitted outdoors d. The following Planning Engineering conditions shall apply: 1. 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. 2. 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. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. The entire area covered by any new development associated with the Plan of Development and its adjacent half-streets’ runoff shall be retained onsite. If portions of adjacent right-of-way are controlled by other jurisdictions, the adjacent half-streets’ runoff shall be retained unless separately addressed by the other jurisdictions. 5. Sufficient retention volume shall be provided onsite to retain the required 100-year, 2-hour runoff from all contributing areas from any new development associated with the Plan of Development. Retention basins with stormwater depths exceeding one foot shall provide one foot of freeboard. 6. All retention basins shall drain within 36 hours per County requirements. e. The IUPD overlay is applied to restrict the use of the site. IND-2 IUPD shall limit the use of the site exclusively to an electric generating facility including ancillary offices, ancillary uses and existing agricultural uses. f. Existing encroachments within the new right-of-way may remain until notified by the Maricopa County Department of Transportation Director. If/when a relocation is required due to a public improvement project; it shall be done so in a timely manner at the owner/developer’s expense. g. Prior to drainage clearance approval, a time limit for any temporary construction lay down areas shall be stated on the Grading and Drainage Plan. h. Interior driveways and parking spaces (both permanent and temporary) shall be surfaced with a form of dust-proofing deemed acceptable by Maricopa County Air Quality Control at the time of zoning clearance. i . Any reporting requirements associated with the Facility shall require reporting data from the original development of the Harquahala Generating Project to present. The conditions of Z2022183 supersede or otherwise retain or modify the prior conditions of approval from prior cases including CPA1999002, Z2000049, Z2001004, Z2001044, Z2002019, Z2002131, Z2003101, Z2006043, Z2009088 and Z2022078. j. Harquahala Generating Facility shall use CAP water as its primary source of water subject to annual availability. k. Harquahala Generating Facility may withdraw groundwater from the Harquahala Irrigation Non-Expansion Area for electrical generation and related uses in an amount not to exceed 62,500 acre feet per ten year period as determined by using a ten-year rolling average commencing upon the date the Harquahala Generating Project originally began withdrawing groundwater in connection with the Project in 2003. Groundwater withdrawal in excess of 62,500 acre feet per 10 years shall require a revised application processed as either a major amendment or modification of conditions and be subject to public hearing and Board of Supervisors approval. l. Harquahala Generating Facility shall site and operate its wells in a manner to prevent “unreasonably increasing damage” as determined by the Arizona Department of Water Resources consistent with A.A.C. R12-15-830, to any well of record with ADWR as of the original date of Board of Supervisors approval of Z2000049. m. The applicant shall submit a written report outlining the status of the development five years from the date of Board of Supervisors approval. The status report shall be reviewed by Staff to determine compliance with conditions of approval and whether the report needs to be reviewed by the Planning and Zoning Commission. The status report shall contain groundwater monitoring reports with annual withdrawals as well as all other annual water use itemized by type and quantity. In addition, a copy of the applicant’s annual CAP allotment shall be submitted. No further status reports will be required if the five year status report is approved by Staff. n. All outdoor lighting shall be designed as recommended by the International Dark-Sky Association and shall be in compliance with Section 1112 of the Maricopa County Zoning Ordinance. o. The owner/developer shall provide to MCDOT an acceptable form of assurance to guarantee repairs and/or reconstruction of the damaged roads during construction and at time of completion. p. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. q. Amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. r. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance, and may be grounds for further action, including zoning revocation, by the Maricopa County Board of Supervisors. s. 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 Zone Change as set forth in the Maricopa County Zoning Ordinance. t. The granting of this Zone Change has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the land use existing on the date of the application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due to such revocation. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and changing to the prior land use designation results in the same value of the property as if the Zone Change had never been granted. (C-44-23-242-X-00)