Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

13. DESERT GEM SOLAR AND STORAGE PROJECT Case #: Z2024066 Supervisor District: 5 Applicant & Owners: Curtis Karmazin, Origis Development / Multiple – See Parcel Exhibit in Attachments Request: Zone change from Rural-190 & Rural-43 to IND-2 IUPD and IND-3 Site Location: Generally located north and south of Old US Highway 80 & Patterson Rd. in the Buckeye / Gila Bend area Commission Recommendation: On 12/5/24, the Commission voted 6-0 (motion by Schlosser D4, seconded by Montoya D5) to adopt a motion recommending the Board of Supervisors approve Z2024066 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Desert Gem Zone Change with overlay Narrative Report”, consisting of 27 pages, dated August 20, 2024 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Site Plan entitled “Desert Gem Solar Energy“, consisting of 23 full-size sheets, dated October 4, 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. c. Approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the solar generation site and BESS facility on the IND-2 IUPD zoned property. 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. d. Approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the hydrogen production facility on the IND-3 IUPD zoned property. 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. e. The following IND-2 IUPD standards shall apply: 1. Maximum Height: 40’ 2. Minimum Front Setback (abutting any major street, section line road, State or Federal Highway): 0’ 3. Minimum Front Setback (abutting collector streets and midsection line roads): 0’ 4. Minimum Front Setback (abutting local streets and interior streets of industrial subdivision: 0’ 5. Front Setback (where frontage between two intersecting streets is located partly in IND-2 and partly in rural): 0’ 6. Minimum Side Setback (where a lot is adjacent to rural zoning district): 0’ 7. Minimum Street-side Setback (where a corner lot abuts a rural zoning district): 0’ 8. If Otherwise Provided, Minimum Side Yard: 0’ 9. Minimum Rear Setback (where a lot abuts rural zoning district): 0’ 10. Maximum Lot Coverage: 95% 11. Parking Spaces: One (1) space per 10,000 sf floor area. 12. Screening: Allow fencing in place of concrete masonry walls. Allow use of barbed, razor, or concertina wire atop fencing that is under 8’ tall. 13. Sight Visibility Triangles: Chain-link fences within the visibility triangles can exceed the 2-foot height limitation. 14. Min. Lot Area: 6,000 Sq. Ft. 15. Min Lot Width: 60’ 16. Minimum setback of all battery units from perimeter lot lines: 100’ 17. Minimum setback of all battery units from existing residential uses (dwelling unit building): 500’ 18. Uses Permitted: solar generation, BESS and ancillary uses f. The following IND-3 IUPD standards shall apply: 1. Maximum Height: 100’ for cooling towers and hydrogen production apparatus; 40’ for all remaining uses. 2. Minimum Front Yard (abutting any major street, section line road, State or Federal Highway): 0’ 3. Minimum Front Yard (abutting collector streets and midsection line roads): 0’ 4. Minimum Front Yard (abutting local streets and interior streets of industrial subdivision: 0’ 5. Front Yard (where frontage between two intersecting streets is located partly in IND-2 and partly in rural): 0’ 6. Minimum Side Yard (where a lot is adjacent to rural zoning district): 0’ 7. Minimum Street-side Yard (where a corner lot abuts a rural zoning district): 0’ 8. If Otherwise Provided, Minimum Side Yard: 0’ 9. Minimum Rear Yard (where a lot abuts rural zoning district): 0’ 10. Maximum Lot Coverage: 95% 11. Parking Spaces: One (1) space per 10,000 sf floor area. 12. Screening: Allow fencing in place of concrete masonry walls. Allow use of barbed, razor, or concertina wire atop fencing that is under 8’ tall. 13. Sight Visibility Triangles: Chain-link fences within the visibility triangles can exceed the 2-foot height limitation. 14. Min. Lot Area: 6,000 Sq. Ft. 15. Min Lot Width: 60’ 16. Uses Permitted: solar generation, hydrogen production and ancillary uses. g. 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. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. MCDOT must approve or waive TIS prior to any building permitting. 5. Old US 80 is classified as a principal arterial, at this time 65-feet preservation is required from the roadway center line. 6. All section line and mid-section line alignments that fall on the perimeter of the development require 55- and 40-feet setback, respectively per the Maricopa County Zoning Ordinance Section 11105 3. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic and MCDOT Permits based on the submittal of a TIA/TIS at the time of development. 7. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. h. The following Arizona Game and Fish conditions shall apply: 1. The applicant shall coordinate with Arizona Game and Fish to come up with an acceptable plan of removal if any evidence of Sonoran Desert Tortoise or the Western Burrowing Owl are found on site as well as a notification routine for the presence of Pronghorn Antelope. 2. Deterrent measures shall be in place to prevent birds and other wildlife gathering at any evaporation ponds. 3. All other recommendations provided by Arizona Game and Fish shall be adhered to, whenever possible, as per the letter dated July 9, 2024. i. The IND-2 and IND-3 zoning is subject to an Industrial Unit Planned Development (IUPD) Overlay that limits the entitled use to solar power generation facilities and ancillary uses, or other uses determined by both the Planning & Development Department and the Environmental Services Department as appropriate and that can accommodate wastewater disposal via on-site septic systems until such time as a sanitary sewer system is available serving the site. The IUPD may be deleted or amended to entitle additional uses via Modification of Condition application to the Planning & Development Department but will require legislative approval by the Board of Supervisors after recommendation of the Planning & Zoning Commission. j. 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. k. In the event that Desert Gems Solar and Storage Project in whole or in part, is constructed and ceases operating for a period of five years or more, the Owner shall be responsible for decommissioning the non-operating portion 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 (up to 3 feet) 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 Staff and either converting the site to other uses permitted in condition ‘e’ or ‘f’ of Z2024066 or otherwise the site will be subject to violation. 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 amount of time to decommission extended, if warranted, by the Zoning Inspector or his or her designee. The Owner shall inform any future buyers/property owners of this decommissioning requirement and of their responsibility to decommission. l. 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 by the Board after recommendation by the Commission at a public hearing for reversion 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-44-25-064-X-00)