Vote — approved

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

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

Item Text

7. WHITE TANK ENERGY STORAGE Case #: Z2023142 Supervisor District: 4 Applicant & Owner: Chris Webb, Rose Law Group PC / El Mirage 200 LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located at the NEC of El Mirage Rd. and Indian School Rd. in the West Phoenix/Avondale area Commission Recommendation: On 1/25/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2023142 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the narrative report entitled “Zone Change with Overlay – White Tank Energy Storage”, consisting of 12 pages, dated 12/21/2023, and stamped received 12/26/2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the zoning exhibit entitled “White Tank Energy Storage Zone Change with Overlay Site Plan“, consisting of 6 full-size sheets, dated 12/26/202, except as modified by the following conditions. c. Prior to issuance of initial building permits, the applicant must provide a report to Maricopa County Planning & Development and Arizona Game & Fish Department regarding the existence of any animals covered under the Migratory Bird Treaty Act. If such animals are detected on-site, the applicant must contact the Arizona Game & Fish Department and the U.S. Fish and Wildlife Service and provide a further report to the County regarding the results of such consultation. d. The following IND-2 IUPD standards shall apply: Additional Regulations (MCZO Section 902.9.1)- The activities and operations associated with the BESS staging area use and activities are not required to be conducted within a completely enclosed building. Parking (MCZO Section 1102) - Office: 1 space per 750 sf., Industrial: 1 space per 1,200 sf. Perimeter Screening (Side & Rear abutting a rural or residential zoning district) – Min. 6’ chain link fencing. e. Prior to issuance of initial building permits, 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. f. Prior to issuance of initial building permits, a lot split shall be processed to create a single, separate parcel matching the zone change area. g. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, 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. A Preliminary Grading and Drainage Plan and Drainage Report are required with the Plan of Development. The Maricopa County Zoning Ordinance (MCZO) required that all commercial submittals be prepared by a Civil Engineer registered in the State of Arizona. (MCZO 1205.7.2) 3. For retention volumes required, please see section 6.10.5 of the Maricopa County Drainage Policies and Standards Manual for the equation, V=C*(P/12)*A. The 100-year, 2-hour rainfall depth (P) in inches can be taken from NOAA Atlas 14. The volumes, using this equation, vary slightly compared to the drainage report and does not affect the overall volume provided. This can be addressed during the Plan of Development. 4. See https://apps.pnd.maricopa.gov/plansubmittalchecklist for the most up to date interactive Engineering Plan Review checklist. (Please be sure to check commercial and all related grading matters so the checklist expands properly). 5. This site contains Special Flood Hazard Areas (FEMA Zone AH) along the proposed access route and within the site. 6. Any development in the floodplain will require a floodplain use permit issued concurrent with building permit(s) required for site development. Structures in the floodplain must be elevated to the regulatory flood elevation determined by the engineer. 7. The site is adjacent to lands owned or encumbered by the Flood Control District. In addition to floodplain use permitting, ROW permitting may be required by the District. 8. Please see MCDOT TIS approval attached. A traffic impact study must also be submitted with future entitlement (POD) application(s). 9. Gated access(es) must provide an adequate turnaround area so that vehicles will not back onto public roads. 10. The City of Phoenix maintains a +/- 45’ strip annexation north of Indian School Road. The applicant will be responsible for coordinating with the City to review any permitting requirements for work in their jurisdiction. 11. The subject site is located within the County’s Urbanized Area and thus will require a Storm Water Pollution Prevention Permit (SWPPP) from the County for any disturbance one (1) acre or more. The SWPPP is issued by the County (PND) and will be required prior to issuance of any building permits required for site development. 12. 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; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. h. Noncompliance with any Maricopa County regulation shall be grounds for initiating a revocation of this zone change per the process set forth in the Maricopa County Zoning Ordinance. Any action by Maricopa County to revoke this zone change shall only occur following any and all required notices (including identification of the specific noncompliance issue) and cure periods and shall be subject to required public hearings before the Planning & Zoning Commission and Board of Supervisors, as set forth in the Maricopa County Zoning Ordinance. i. The property owner/s and their successors waive claim for diminution in value if Maricopa County takes action to rescind approval due to noncompliance with conditions. Any action by Maricopa County to rescind approval shall only occur following any and all required notices (including identification of the specific noncompliance issue) and cure periods and shall be subject to required public hearings before the Planning & Zoning Commission and Board of Supervisors, as set forth in the Maricopa County Zoning Ordinance. 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. Failure to comply with any condition may be grounds for consideration of initiating the process to revert the zoning back to the previous Rural-43, in accordance with Maricopa County requirements and procedures. Any action by Maricopa County to revert the zoning shall only occur following any and all required notices (including identification of the specific noncompliance issue) and cure periods and shall be subject to required public hearings before the Planning & Zoning Commission and Board of Supervisors, as set forth in the Maricopa County Zoning Ordinance. 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-44-24-180-X-00)

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