Vote — approved

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

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

Item Text

19. MARICOPA ENERGY CENTER Case #: Z2023133 Supervisor District: 5 Applicant & Owners: Maricopa Energy Center, LLC / Multiple Owners Request: Zone change from Rural-43, R-5, and C-2 to IND-2 IUPD Site Location: Generally located between I-10 to the north, 491st Avenue to the east, Thomas Road to the south, and the 531st Avenue alignment to the west. Commission Recommendation: On 4/11/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023133 subject to conditions ‘a’ – ‘k’: a. Except as modified by the following conditions, development of the site shall be in substantial conformance with a revised version of the zoning exhibit entitled “Maricopa Energy Center,” consisting of nine full-size sheets, dated March 13, 2024, and stamped received March 14, 2024. A revised zoning exhibit that shows IUPD standards consistent with the narrative referenced in condition ‘b’ shall be submitted within 30 days of Board approval. Staff may determine slight refinements to remain in substantial conformance with the approved zoning exhibit. Minor and major amendments to the zoning exhibit 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 “Application for a Zone Change Project Narrative”, consisting of 13 pages, dated March 11, 2024, and stamped received March 11, 2024, except as modified by the following conditions. c. 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. Provide the required retention volume for the 100-year, 2-hour storm event, plus one (1) foot of freeboard, for the developed area. Provide documentation that the retention basin(s) will drain within 36 hours. (MCZO 1205.7.6-2.a &C) 4. Provide a runoff coefficient based on the Table 6.3 of the Maricopa County Drainage Policies and Standards. 5. Historic inflow and outflow drainage locations and characteristics must be maintained. 6. 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). 7. A traffic impact study must be submitted with future entitlement (POD or Preliminary Plat) application(s). 8. MCDOT may require dedication or preservation of rights-of-way (R/W) of the section and mid-section alignments adjacent to or through the development site. Contact MCDOTPlanning@maricopa.gov for more information. 9. Private utilities that will occupy County R/W (MCDOT and Flood Control) require a license in addition to any construction related permits. The first step in the licensing process is to complete the attached application and email it to MCDOTsolarlicense@maricopa.gov. https://www.maricopa.gov/DocumentCenter/View/74250/MCDOT-SolarLicenseApplication 10. Portions of the site are within a FEMA Zone AO floodplain. Structures and inverter pads within the floodplain must be elevated to the regulator flood elevation (1’ above the base flood elevation). 11. Any work in the floodplain will require a Floodplain Use Permit issued concurrent with building permit(s) required for site development. 12. The subject site is not located within the County’s Urbanized Area and thus will not require a Storm Water Pollution Prevention Permit (SWPPP) from the County. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required prior to the start of construction. 13. There appears to be public or private irrigation facilities located on or adjacent to this development site. Certain entities may have rights to work in or use said facilities. There may be public or private rights associated with the historical conveyance of water within said private irrigation facilities which Maricopa County does not regulate. It will be the applicant’s sole responsibility to ensure the integrity of any irrigation rights. Any disputes that may arise with the respect to any irrigation rights are a civil matter that will not involve Maricopa County. 14. 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. d. The following IND-2 IUPD standards shall apply: 1. Minimum setback for solar panels: 0’. 2. Minimum setback for battery energy storage system (BESS) containers: 100’. 3. Lot coverage: 60%, but not to include solar panels. 4. Parking requirements: no minimum required. 5. Pavement requirements: stabilized decomposed granite allowed with an approved dust control plan by Maricopa County Air Quality Control. 6. Loading and unloading areas: none required. 7. Site visibility triangles: not required at project site entry/exit points, section line, or mid-section line intersecting alignments. 8. Article 902.9.1: all utility uses permitted outdoors. 9. Site enclosure and screening: minimum 6’ chain-link fencing and gates shall be allowed on the perimeter of the project, except wildlife-compatible fencing shall be allowed in areas identified in consultation with the Arizona Game and Fish Department during review of the plan of development. 10. Maximum height of electric transmission lines: 196’. e. The IUPD overlay is applied to restrict the use of the site. The IUPD shall limit the use of the site exclusively to a solar electric generating facility and battery energy storage system (BESS), including ancillary offices, ancillary uses, and existing agricultural uses. Any other uses of the site shall require a zone change major amendment. f. The applicant or developer shall implement the best practices as recommended by the Arizona Game and Fish Department (AZGFD) in the letter dated July 12, 2023. The Zoning Inspector and/or their designee shall review whether these best practices are being implemented in accordance with the letter 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 or developer shall not receive final permits or certificate of occupancy until the best practices are implemented. g. 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 approval of a plan of development, the applicant shall submit their plan of development to Luke Air Force Base for review. Administrative approval of this plan of development by County staff shall be contingent upon a determination by Luke Air Force Base that no adverse impacts to their operations will occur. h. 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. i. In the event that the Maricopa Energy Center, in whole or in part, is constructed and ceases operating for a period of five consecutive years or more, the owner shall be responsible for decommissioning the non-operating portion(s) of the site and for the regrading and restoration of the site. Decommissioning of the site shall include the removal of all structures above and under the ground 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 County staff and either converting the site to other uses permitted in condition ‘e’ of Z2023133 or otherwise staff may present the zoning to the Board of Supervisors for consideration of reversion. All decommissioning and restoration activities will adhere to the requirements of the appropriate governing authorities, and will be in accordance with all applicable federal, state, and Maricopa County regulations. Decommissioning removal requirements may also be amended and the amount of time to decommission extended, if warranted, by the Zoning Inspector and/or their designee. The owner shall inform any future buyers/owners of this decommissioning requirement and of their responsibility to decommission. j. Noncompliance with any of the conditions assigned to the approval of this zone change by the Maricopa County Board of Supervisors may be grounds for consideration of revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. Further, the property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. k. 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-44-24-227-X-00)

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