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

11. HARQUAHALA FLATS ENERGY STORAGE PROJECT Case#: Z250001 Supervisor District: 4 Applicant / Owner: Keith Nichter, Kimley-Horn / Christopher, Katherine, Nicholas, Rebecca, Ronald, Theresa, and Timothy Peters Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD Site Location: Generally located on both sides of I-10 at the 443rd Ave. alignment in the Harquahala Valley area Commission Recommendation: On 6/26/25, the Commission voted 6-0 (motion by Commissioner Whitney D3, seconded by Commissioner Toma D4) to adopt a motion recommending the Board of Supervisors approve Z250001 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Harquahala Flats Energy Storage”, consisting of 1 full-size sheets, dated April 2, 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. Development of the site shall be in substantial conformance with the Narrative Report entitled “Harquahala Flats Energy Storage”, consisting of 23 pages and 12 pages respectively, both dated March 4, 2025, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Development in regulated floodplains must comply with the Floodplain Regulations for Maricopa County. 3. A traffic impact study must be submitted with future entitlement application(s). 4. Private utilities that will occupy County R/W require a license in addition to any construction related permits. Contact MCDOTsolarlicense@maricopa.gov. See https://www.maricopa.gov/DocumentCenter/View/74250/MCDOT Solar License Application for more information. 5. Engineering review of re-zone cases is conceptual in nature. 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 IND-2 IUPD standards shall apply: 1. Max Electrical Transmission Line Height: 150’ 2. Front Yard: 100’ for BESS, 10’ for PV panels 3. Side Yard: 100’ for BESS, 3’ for PV panels 4. Street-side Yard: 100’ for BESS, 10’ for PV panels 5. Rear Yard: 100’ for BESS, 25’ for PV panels 6. Screening: Chain-link fencing and gates shall be allowed on the perimeter of the project. Barbed wire attached to fencing under 8’ will be allowed within the property boundaries 7. Paving Requirements: Parking/paving material allowed to be stabilized decomposed granite with an approved dust control plan by Maricopa County Air Quality Control. 8. Loading and Unloading: No loading or unloading space required. 9. Landscaping: No landscape strip required 10. Sight Visibility Triangles: No SVT’s at project site, entry/exit points, section line, and mid-section line intersecting alignments. 11. Uses outside of an enclosed building: All utility uses permitted outdoors. e. Noncompliance with any of the conditions assigned to the approval of this Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. f. 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. g. 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. 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 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-44-26-011-X-00)