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

7. HARQUAHALA SUN III-V Case #: Z2023131 Supervisor District: 5 Applicant & Owners: Kimley-Horn & Associates – Keith Nichter / WPI II-HARQ III Farm AZ LLC, Shelli Lamoreauz Living Trust/ET AL, CV Harquahala LLC, CV Farming LLC, Rancho Amable SPE LLC, Waydon Farms LLC, and Davenport Stephanie/TMV Income Trust Request: Zone change from Rural-43 and Rural-190 to IND-2 IUPD with a plan of development for a 500 MW photovoltaic solar power generation facility with battery energy storage system Site Location: Generally located south of Lower Buckeye Road and Harquahala Valley Road. Commission Recommendation: On 6/13/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023131 subject to conditions ‘a’ – ‘i’: a. Development shall be in substantial conformance with the site plan entitled “Harquahala Sun III-V” consisting of 33 full-size sheets, dated February 23, 2024, and stamped received April 12, 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 Harquahala Sun III-V”, consisting of 15 pages, dated March 5, 2024, and stamped received April 12, 2024 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. 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. 2. 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. 3. Storm water retention shall be provided for the entire developed site including solar fields, battery storage areas and substations. 4. Any reduction of the 100 year, 2 hr. retention volume requirement will require a Drainage Waiver. The waiver application is a separate application 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 separate application must be submitted concurrent with this re-zone application. 5. The final pier design for the solar panels should include consideration for additional scour protection/depth for the solar fields just west of the Centennial Wash floodway. 6. Permitting for the gen-tie line shall require calculations substantiating scour related pole depths within the floodway of Centennial Wash. 7. Disturbance within regulated floodplains (FEMA ZONE AE) will require procurement of a floodplain use permit prior to or concurrent with building permits. 8. If inverters are proposed with regulatory floodplain, base flood elevations and their corresponding regulatory flood elevations (RFE) will be required to be determined to verify that inverters will be constructed at or above the RFE’s. This will be required as part of the construction documents. 9. Private utilities that will occupy County R/W 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). 10. New driveways that connected to County roadways shall conform to the current version of the MCDOT Roadway Design Manual in effect at the time of permitting. 11. The owner/applicant shall dedicate or preserve right-of-way along Harquahala Valley Road to provide a half-width of 55 feet; and full width of 110 feet, as determined by MCDOT Planning. If dedication is required, it shall be completed prior to issuance of building permits and will require that the owner/applicant provide an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. 12. 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. 13. 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 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 an existing residence, unless otherwise approved by the Maricopa County Planning and Development Department or Zoning Administrator. 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 battery energy storage systems, including ancillary offices and ancillary uses. Any other site 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. Noncompliance with any Maricopa County regulation shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. h. 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 conditions. i. 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 may be considered for reversion to the zoning that existed on the date of application in accordance with Maricopa County Zoning Ordinance requirements. It is, therefore, stipulated and agreed that reversion of the zoning 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 reversion of the zoning. This 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-44-25-003-X-00)

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