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. DESERT SANDS BATTERY STORAGE PROJECT Case #: Z240004 Supervisor District: 4 Applicant & Owner: Andrew Yancy, BFSO / Arizona State Land Department Request: Zone Change with overlay from Rural-43 to IND-2 IUPD with precise plan of development Site Location: Generally located about 4,000’ north of Salome Hwy and east of 455th Ave. in the Tonopah area Commission Recommendation: On 10/10/24, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z240004 subject to conditions ‘a’ – ‘g’: a. A Plan of Development is approved subject to site plan entitled “Desert Sands BESS – Overall Plan of Development” consisting of 14 full-size sheets, dated August 15, 2024, and stamped received August 21, 2024. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established IUPD development standards as approved by the Board of Supervisors. 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 “Desert Sands Battery Storage Project”, consisting of 18 pages, dated August 2024, and stamped received August 15, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. 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. d. The following IUPD standards shall apply: 1. Min. front setback: 100’ 2. Min. side setback: 100’ 3. Min. rear setback: 100’ 4. Min. street-side setback: 100’ 5. Loading and unloading: non required 6. Site screening: minimum 6’ chain link fence topped with an additional 1’ barbed wire 7. Surface material: drive and parking areas may be gravel surface with compacted subgrade of native soil 8. Permitted uses: limited to battery energy storage systems and ancillary uses e. Prior to approval of construction permits for the site documentation of compliance to the Arizona Game and Fish Department recommendations provided in the comment letter dated August 6th, 2024 must be provided to the Planning and Development Department. f. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority 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-44-25-036-X-00)

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