Vote — approved

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

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

Item Text

7. ARLINGTON VALLEY SOLAR ENERGY Case#: Z240025 Supervisor District: 4 Applicant / Owner: Ashley Holland, RWE AG / Arlington Valley Solar Energy, LLC Request: Zone change with overlay from Rural-190 and Rural-190 SUP to IND-2 IUPD Site Location: Generally located at the SEC of 395th Ave. and Elliot Rd. in the Arlington area Commission Recommendation: On 6/12/25, the Commission voted 6-0 (motion by Commissioner Milhaven D2, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors approve Z240025 subject to conditions ‘a’ – ‘w’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Arlington Valley Solar Energy”, consisting of 12 full-size sheets, dated March 27, 2025, and stamped received April 9, 2025, 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. A Plan of Development is approved subject to site plan entitled “Arlington Valley Solar Energy” consisting of 12 full-size sheets, dated March 27, 2025, and stamped received April 9, 2025. 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. Development of the site shall be in substantial conformance with the Narrative Report, entitled “Arlington Valley Solar Energy Project”, consisting of 20 pages, dated April 7, 2025, and stamped received April 9, 2025, except as modified by the following conditions. d. The following Planning Engineering conditions shall apply: 1. At the time of application for building permits, more detailed grading and drainage plans must address the diversion channel design and the retention basin slope protection at areas that will receive direct inflow from paved areas and at concentrated inflow locations. 2. Drainage waiver associated with this amendment must be approved (DRB250001). 3. Retention basins and spreader basins must drain within 36 hours. Drainage report must provide calculations for the dissipation of runoff. Final plans at the building permit phase shall be updated to provide percolation methods accordingly. 4. Topographic survey data older than one year must be re-certified prior to the issuance of building permits. Pads for inverters and other electrical equipment and any buildings within the regulated floodplain must be elevated to the regulatory flood elevation or otherwise designed to meet the requirements of the Maricopa County floodplain regulations. The bottom of solar panels elevated to an elevation at or above the base flood elevation (BFE). 5. Disturbance in a floodplain will require a flood use permit issued concurrent with the associated building permit. 6. All development and engineering design shall be in conformance with the most current version of the Floodplain Use Regulations for Maricopa County. 7. 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. 8. 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. e. The following Maricopa County Department of Transportation comments shall apply: 1. A traffic impact study (TIS) or TIS waiver must be approved at the time of building permit application and shall be included with permit documents. The developer must address with MCDOT the new entrance at Elliot Rd. and 395th Ave. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS to Permit Center. 2. The site plan illustrates a proposed 65-foot County right-of-way for the 395th Ave. alignment it should be understood MCDOT shall not maintain this roadway and shall not accept dedication of this roadway. 395th Ave. will only be subject to the Maricopa County Zoning Ordinance Section 1105.1.3 with a reserved 55-foot halfwidth right-of-way. 3. Elliot Rd. is classified as a future minor arterial requiring a fee dedication of 55- feet half-street right-of-way from the Section Line, due to the state land boundary only preservation is required currently. 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. 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. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water if the site supplies more than 25 people or 15 service connections per day for at least 60 days per year. 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. h. The following IND-2 IUPD development standards shall apply: 1. There shall be zero foot front yards, regardless of roadway type or adjacent zoning district. 2. There shall be zero foot side yards, regardless of adjacent zoning district. 3. There shall be zero foot street side yards, regardless of adjacent zoning. 4. There shall be zero foot rear yards, regardless of adjacent zoning district. 5. Solar panel arrays shall not contribute to lot coverage calculations. 6. There shall be one parking space for every 1,000 sq. ft. of floor area for industrial buildings and office uses. 7. Screening of the site and outdoor industrial uses shall be a minimum of six feet tall chain link fences and gates all without view obscuring materials. 8. Barbed wire, razor wire, or concertina wire fencing shall be permitted under a height of eight feet. 9. Six foot tall chain link fences with one foot of attached barbed wire shall be allowed inside any sight-visibility-triangles. 10. Driveways and parking areas (except ADA accessible parking spaces) shall be surfaced with alternative dust control methods deemed acceptable by the County Air Quality Department, in place of pavement. 11. There shall be no required loading or unloading spaces for industrial buildings. 12. Industrial uses except for parking, loading, unloading, solar panel arrays, solar utilities/equipment, electrical production/storage, electrical substations, or ancillary uses shall be conducted within a completely enclosed building. 13. Structures supporting high tension electrical transmission lines shall have a maximum height of 200 feet. i. Prior to zoning clearance for any permit on this site, legal access documentation shall be provided for site access points. j. The applicant shall provide a 15 foot wide multi-use trail adjacent to Winters Wash (387th Ave. alignment), as deemed necessary by Maricopa County Parks Department. k. Any revegetation along and within Winter Wash shall be consistent with U.S. Army Corps of Engineers permitting requirements. l. The developer shall coordinate with the Arizona Fire & Medical Authority or other applicable fire district in the development of the BESS facilities and shall abide to any of their requests during the life of these facilities. m. Any structures used in the construction process shall be removed once construction is completed. n. Mounted security lighting on any pole along the perimeter of the site shall be shielded and shall face inwards towards the site to minimize glare onto adjacent properties. o. Throughout the development of the site any natural waterways shall be avoided, except for any necessary interconnection crossing or any needed access roads. p. The developer must follow recommendations from the Arizona Game & Fish Department for this site: 1.If wildlife is encountered during project activities, they shall be removed from the site no more than quarter mile outside of the project boundary within similar habitat. 2.The power line and substations shall be designed to be avian safe and shall follow the standards established by the Avian Power Line Interaction Committee (APLIC) for new powerlines listed at https://www.aplic.org/documents. 3. To ensure that the project complies with the Arizona Native Plat Law Regulations. A native plat inventory shall be conducted to identify, record, and coordinate plant salvage efforts for species that are protected under the Arizona Native Plant Law. 4. To minimize the potential introduction or spread of exotic invasive species, including aquatic/terrestrial plants, animals, insects, and pathogens, the AZGFD encourage the developer take precautions by washing and/or decontaminating equipment before entering and leaving the site. 5. Areas that are disturbed in proximity to existing washes and wildlife corridors shall be revegetated with native drought tolerant species that represent the natural surrounding landscape. 6. Public accessways currently open to the public within the project site that allow passage onto adjacent public lands must remain open or be rerouted to maintain access to adjacent areas, if feasible. q. The developer shall implement dust control measures during and after construction with coordination with the County’s Air Quality Department. r. The applicant shall implement spill control measures to manage risks from on-site leaks or spills. s. The developer or owner shall mandate that all staff must be trained for emergency management and response under the Emergency Response Plan that has been prepared by the neighboring Mesquite Solar Facility and in accordance to fire district provider. t. Due to the proximity of the site to Palo Verde Nuclear Generation Station the existing Safety Plan with the adjacent Mesquite Solar Complex must include the entire site. u. Due to the project being located near or within the Department of Defense Military Training Route the project must be submitted for an informal review through the Department of Defense Siting Clearinghouse for Energy Installations and Environment. The project narrative shall be sent to osd.dod-siting-clearinghouse@mail.mil. Additionally, the project shall be submitted to the FAA for an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA). v. 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. w. 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 revocation 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-44-26-002-X-00)