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

11. SUN BASIN 5 (V) Case #: Z2024042 Supervisor District: 4 Applicant & Owner: Steve Morgan, KP Environmental / Arizona State Land Department Request: Zone change from Rural-190 to IND-2 IUPD Site Location: Generally located SE of Elliot Road and 387th Avenue in the Tonopah 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 Z2024042 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Sun Basin V Solar Project”, consisting of 17 pages, dated August 2024, except as modified by the following conditions. b. A Plan of Development is approved subject to site plan entitled “Sun Basin V Solar Project” consisting of 15 full-size sheets, dated 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. c. The following IND-2 IUPD standards shall apply: 1. Maximum Height: 40’ 2. Minimum Front Yard: 10’ 3. Minimum Side Yard: 10' 4. Minimum Rear Yard: 10’ 5. Parking: No Parking required 6. Loading & Unloading: None required 7. Max Lot Coverage: 60% Solar panels not counted as lot coverage 8. Sight Visibility Triangles: Within sight visibility triangles at any intersection on-site chain-link fences without screening materials can exceed a height of 2’. 9. Additional Regulation: Solar arrays and other associated uses are not required to be located inside enclosed buildings. 10. Paving: Alternative surfacing materials or methods approved by Maricopa County Air Quality to minimize dust pollution such as but not limited to, compacted native soil or aggregate base course, may be used in driveways and parking areas. 11. Site Enclosure and Screening: Minimum 6’ tall chain-link fences adjacent to rural/residential zoning boundaries, including attached barbed wire or concertina wire under 8’ in height, and allow all gates to have no attached screening. 12. Site will be limited in uses to solar generation and associates uses. 13. Battery energy storage systems (BESS) – units shall be setback a minimum of 100’ from all lot lines, and shall be separated a minimum of 500’ from existing residential dwelling units. d. 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 e. The IND-2 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. f. 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. g. In the event that Sun Basin 5 (V), 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 ‘c’ of Z2024042 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. 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, 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-44-25-066-X-00)