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

8. YELLOW BELL SOLAR PROJECT Case #: Z2023137 Supervisor District: 5 Applicant & Owner: Kimley-Horn & Associates – Keith Nichter / Arizona State Land Department Request: Zone change from Rural-43 and Rural-190 to IND-2 IUPD with a plan of development (POD) Site Location: Generally located at the NEC of the intersection of Watermelon Rd. and Old US Hwy 80 Commission Recommendation: On 4/25/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023137 subject to conditions ‘a’ – ‘h’: a. Development of the site that be in substantial conformance with the site plan entitled “Yellow Bell Solar” consisting of 21 full-size sheets, dated February 9, 2024, and stamped received March 29, 2024, 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 “Narrative Report for Yellow Bell Solar”, consisting of 13 pages, dated February 26, 2026, and stamped received February 29, 2024 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The concentrated inflow locations at the east end of the solar fields east of the Gila Bend Canal may warrant redirection to avoid conflict with the solar field grading. These locations are generally shown at those depicted as 404 washes and at locations where the floodplains extend east from the canal. These areas shall be further evaluated with the final design. 2. On-site retention basins shall be designed to contain overflows/spillways designed to accommodate the unattenuated peak 100 year inflow to each respective basin, inclusive of offsite flows. 3. Detailed grading and drainage plans shall be submitted with building permit application(s) indicating that runoff from each solar field area will be directed to a retention basin. Diversions may be required to direct flow towards the retention basins as part of the final design. 4. The site contains area of regulated floodplains (FEMA Zone AO2) along the Gila Bend Canal. Disturbance of the floodplains will require procurement of a floodplain use permit prior to or concurrent with building permits. Inverter pads located in a floodplain shall be elevated to the Regulatory Flood Elevation. 5. Preservation of 65’ of R/W on both sides of Old US 80 (measured from the centerline) will be required. The preservation area must be shown on the plans submitted for building permit(s). 6. Private utilities that will occupy County R/W (Old US 80) or other County property require a solar license in addition to any construction related permits. The solar license must be effectuated prior to issuance if building permit(s). 7. Prior to building permit approval, all the proposed construction access points approved on the US 80 under MCDOT jurisdiction, a driveway right-turn deceleration lane shall be provided due to anticipated high speeds on US 80 and anticipated heavy vehicle usage for the proposed facility. A minimum 160 feet of storage length and an opening taper rate of 15:1 (L:W) shall be provided as per MCDOT Standards. The developer shall coordinate with MCDOT’s Planning Branch to identify such proposed construction access point(s) on OLD US 80 that fall under County jurisdiction. 8. The developer shall coordinate with MCDOT’s Planning Branch who shall approve the final design for the canal crossing near driveway “F”. 9. 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. 10. There appears to be public or private irrigation facilities located on or adjacent to this project 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 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 respect to any irrigation rights are a civil matter that will not involve Maricopa County. 11. 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 may be necessitated by the final engineering design of the site’s drainage infrastructure. d. The following IND-2 IUPD Zoning District standards shall apply: 1. Maximum Electric Transmission Line Height – 150’ 2. Parking Spaces Required – None required 3. Loading & Unloading Spaces Required - None required 4. Landscaping – No landscaping strip required 5. Sight Visibility Triangles – No sight visibility triangles are required at project site entry/access points and road intersection, section line, mid-section line or alignment corners 6. Article 902.91 – All utility uses shall be permitted to be conducted outdoors 7. Site Enclosure and Screening – Chain-link fencing and gates are permitted around the perimeter of the site boundaries except that opaque chain-link fencing with vinyl slats shall be required along any property line abutting a residential zoning boundary 8. Pavement Required – Pavement not required for parking spaces with approval of a dust control plan by Maricopa County Air Quality Department. 9. Light Pole Height – 30’ maximum from grade e. The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility and ancillary uses. Any other uses shall require a Zone Change Major Amendment. f. The owner or developer shall receive approval of a traffic statement for construction in accordance with the comments received by ADOT in an email dated November 29, 2023. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with these conditions or other Maricopa County regulations. h. 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, and at the time of expiration of the Zone Change, 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, or the expiration of the Zone Change, 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 or expiration 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-44-24-236-X-00)

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