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 SUN II Case #: Z2022214 Supervisor District: 5 Applicant & Owners: Kimley-Horn / Multiple Owners Request: Zone Change with Overlay from Rural-43 and C-2 to IND-2 IUPD Site Location: Generally located between the alignments of Courthouse Road on the north, Southern Avenue on the south, Harquahala Valley Road on the west and 491st Avenue on the east. Commission Recommendation: On 4/20/23 , the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2022214 subject to conditions ‘a’ – ‘u’: a. Development of the site shall be in substantial conformance with the Legal Description entitled “Legal Description”, co nsisting of 4 pages, stamped received February 23, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Site Plan entitled “ Harquahala Sun II Site Plan” consisting of 17 full-size s heets, dated April 11, 2023, and stamped received April 11, 2023, except as modified by the following conditions. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established IUPD development standards as approved by the Board of Supervisors. 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 Chap ter 3 of the Maricopa County Zoning Ordinance. c. Development of the site shall be in substantial conformance with the Narrative Report entitled “ Harquahala Sun II”, consisting of 13 pages, dated March 3, 2023, and stamped received March 21, 2023, except as modified by the following conditions. d. The following IND-2 IUPD Zoning District standards shall apply: 1. Max. Electric Transmission Line Height: 140’ 2. Parking Spaces Required: None required 3. Pavement: Pavement not required for parking spaces w ith an approved dust control plan by Maricopa County Air Quality Control 4. Loading and Unloading Spaces: No loading and unloading spaces required 5. Landscaping: No landscaping setback required 6. Screening: Min. 6’ chain-link fence required along perimet er of site; fence shall be setback a min. of 10’ from the property boundaries of any abutting rural or residential zoned property boundaries internal to the area of the zone change 7. Sight Visibility Triangles (SVT): SVT’s waived at project site entry/exi t points, section line and midsection line intersecting alignments 8. Article 902.9.1: All utility uses permitted outdoors, except that inverters and transformers shall be setback 300’ from existing residences; other outdoor private infrastructure shall be set back a min. of 10’ from the fenceline located within 10’ any abutting rural or residential zoned property boundaries internal to the area of the zone change e. The following Planning Engineering conditions shall apply: 1. On-site retention basins must be designed to contain overflows/spillways designed to accommodate the unattenuated peak 100 year inflow to each respective basin, inclusive of offsite flows. 2. Detailed grading and drainage plans must be submitted with building permit applic ation(s) indicating that runoff from each solar field area will be directed to a retention basin. 3. Any reduction in the 100 year , 2hr. retention volume requirement will require approval of a Drainage Waiver. The waiver application is a separate applicat ion and must demonstrate that there will be no increase in runoff from the site as a result of the proposed development. At a minimum, the first flush volume of runoff must be retained. The Drainage Waiver is a separate application must be approved prior t o issuance of building permit(s). 4. Existing contour lines must be annotated on the plans submitted for building permit(s). 5. Any buildings located in a floodplain must be elevated to the RFE or otherwise floodproofed. 6. Disturbance to floodplains wi ll require a floodplain use permit (issued concurrent with building permit(s) by PND ).retention basins shall drain within 36 hours per County requirements. 7. The gen-tie line will require an FCD issued R/W permit where it crosses FCD encumbered propertie s ( i.e. Saddleback FRS/Diversion Channel), prior to issuance of a building permit(s) involving this work. 8. Preservation of R/W is required as shown on the approved plans. 9. Engineering review of planning and/or zoning cases is for conceptual design on ly. 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. 10. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of solar arrays or BESS may be necessit ated by the final engineering design of the site’s drainage infrastructure. f. The IUPD overlay is applied to restrict the use of the site. IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility including ancillary offices, ancillary uses and existing agricultural uses. Any other site uses shall require a Zone Change Major Amendment. g. The Owner or Developer shall implement the construction best practices as guaranteed in the e-mail communication between Arizona Game and Fish Department (AZGFD) and Copia Power on February 6, 2023. The Zoning Inspector and/or their designee shall review whether these best practices are being implemented in accordance with the e-mail following the issuance of relevant permits and periodically as needed through either the inspection process or communication with AZGFD. Should the Zoning Inspector and/or their designee decide that the Owner or Developer has not substantially undertaken these best practices in good faith, the Owner o r Developer shall not receive a final permit and certificate of occupancy until the best practices are implemented. h. The Developer shall conduct a Class II Cultural Resources Survey as per the comments from the Arizona State Historic Preservation Office (AZSHPO) included in the e-mail dated April 11, 2023 prior to issuance of construction permits unless otherwise coordinated with AZSHPO. Prior to the Cultural Resources Survey, the Developer shall send a map and sampling strategy to AZSHPO for approval. Additionally, the Cultural Resources Survey shall include 100 percent survey coverage in and around washes including Centennial Wash and its tributaries as depicted on historical topographical maps and historic aerial imagery. The remainder of the site s hall be sample surveyed using larger transect spaces as necessary and smaller transect widths where cultural resources have been identified in sample areas. i . Development of APN#506-29-025A for utilities uses shall void the Agricultural Exemption on the parcel. j. The Plan of Development shall maintain and illustrate an approximately one (1) acre development exclusion area directly east of the boundaries of APN#506-29-031C approximately 140’ running from north to south and approximately 330’ running from east to west. k. The developer shall provide at least five- days notice to rural or residential zoned privately-owned parcels internal to the area of the zone change of heavy construction traffic and disruption beyond incidental disruptio n to any easement providing those owners with direct access to their properties. An appropriate detour shall be provided to these owners. l. The developer shall reasonably repair any damage to easements that provide direct access to rural or residential zoned privately-owned parcels internal to the area of the zone change upon completion of use of the easements for heavy construction traffic and shall abate dust during the construction. If use of the easements is intermittent, then easements shall be rep aired following the cessation of the period in which the construction traffic is occurring. m. Two palm trees located south of the boundaries of APN#506-29-031C as illustrated on the Plan of Development shall be left untouched from site development. n. At the time of application for building permits, plans shall indicate construction of paved shoulders along the intersection of and extend through Salome Hwy and the frontage road ( Harquahala Valley Road) south of eastbound ramps within ADOT ROW. Work sha ll also include replacement of the top 2" of the roadway surface and re-striping at this location. Work within ADOT right-of-way shall require a permit from ADOT. Timing of improvements shall be coordinated with ADOT prior to the start of work and the exte nt of the work shall be limited to the illustration in the e-mail dated Thursday, March 30, 2023 between Kimley-Horn and ADOT. o. All outdoor lighting shall be in compliance with Section 1112 of the Maricopa County Zoning Ordinance. 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 servi ce 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. In the event that Harquahala Sun II, in whole or in part, is constructed and ceases operating for a period of five years or more, the Owner shall be responsible for decommissioning the non-operating portion of the site and for the regrading and restoration of the site. Decommissioning of the site shall include the removal of all structur es above and under the ground (up to 3 feet) that are not a part of, or provide utility to, other operating portions of the site. The Owner shall be responsible for reporting any areas decommissioned to Staff and either converting the site to other uses p ermitted in condition ‘f’ of Z2022214 or otherwise Staff may present the CPA and Zoning to the Board of Supervisors for consideration of reversion within five years. All decommissioning and restoration activities will adhere to the requirements of the app ropriate governing authorities, and will be in accordance with all applicable, federal, state and Maricopa County regulations. Decommissioning removal requirements may also be amended and amount of time to decommission extended, if warranted, by the Zonin g Inspector or his or her designee. The Owner shall inform any future buyers/property owners of this decommissioning requirement and of their responsibility to decommission. r. Amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. s. 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 zonin g revocation, by the Maricopa County Board of Supervisors. t. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and D evelopment 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. u. 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 Ch ange 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-44-23-245-X-00)

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