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. GILA HYDROGEN FACILITY Case #: Z2023059 Supervisor District: 4 Applicant & Owners: Stephen Anderson, Gammage & Burnham / Jae Koo Huh and Miriam Huh Family Trust Request: Zone change with overlay from Rural-43 to IND-3 IUPD Site Location: Generally located 1,000’ north and 3,200’ west of the NWC of Interstate 10 and Salome Highway in the Tonopah area Commission Recommendation: On 10/19/23, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023059 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Gila Hydrogen“, consisting of 2 full-size sheets, dated August 17, 2023, and stamped received August 17, 2023, 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 “Gila Hydrogen Facility”, consisting of 41 pages, dated August 17, 2023 and stamped received August 17, 2023, except as modified by the following conditions. c. The following conditions as per Arizona Game and Fish recommendations shall apply: 1. The applicant shall coordinate with Arizona Game and Fish to come up with an acceptable plan of removal if any evidence of Sonoran Desert Tortoise or the Western Burrowing Owl are found on site. 2. Deterrent measures shall be in place to prevent birds and other wildlife gathering at the evaporation pond. 3. All other recommendations provided by Arizona Game and Fish shall be adhered to, whenever possible, as per the letter dated June 2, 2023. d. The following Planning Engineering Conditions shall apply: 1. Without submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed buildings, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Dedication of right-of-way across the Salome highway site frontage (both parcels) is required to provide 65’ half-width from center. Dedication shall occur prior to the issuance of building permits. 3. Right-of-way preservation along the east side of 523rd Ave shall be 25’ 4. Engineering review of re-zone cases is conceptual in nature. 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; MDOT Roadway Design Manual; and current engineering policies standards, and best practices at the time of application for construction. e. The following IND-3 IUPD standards shall apply to the site: 1. Maximum Height: 150’ 2. Parking: one stall per 10,000 sq ft floor area 3. Carpool Parking Stalls: Minimum 10 dedicated carpool stalls 4. Site Screening: minimum 6’ chain link fence topped with barbed wire 5. Loading and Unloading spaces: one loading/unloading space per 100,000 sq feet of floor area 6. Use: use of site shall be limited to production of hydrogen and ancillary uses f. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. 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. g. 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, 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, 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 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-44-24-095-X-00)

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