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

9. PINYON SOLAR PROJECT Case #: Z240026 Supervisor District: 5 Applicant and Owner: Colin Mann, Avantus / Sonoran Monument Holdings LLC, Pavorn Gary MTR/Barry O TR, Jimenez Roy Request: Zone Change with Overlay from Rural-190 to IND-2 IUPD Site Location: Generally located west of the SWC of 91st Ave. and Schumacher Ln. in the Goodyear/Mobile area Commission Recommendation: On 9/11/25, the Commission voted 8-0 (motion by Whitney D3, seconded by Danzeisen D5) to adopt a motion recommending the Board of Supervisors approve Z240026 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Pinyon Solar Project”, consisting of 15 pages, dated July 18, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Pinyon Solar Case No. Z240026”, consisting of 2 full-size sheet, dated July 18, 2025, and stamped received July 19, 2025, except as modified by the following conditions. c. The following IND-2 IUPD development standards shall apply for development of solar power generation and BESS facilities: 1. Parking: None required 2. Max. Lot Coverage: 60% Solar panels not counted as lot coverage. 3. 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. 4. Site Enclosure and Screening: Minimum 8’ tall chain-link fences adjacent to rural/residential zoning boundaries, including attached barbed wire. 5. Article 902.9.1 – All utility uses shall be permitted to be conducted outdoor. 6. Permitted uses: limited to solar energy generation, battery energy storage systems and ancillary uses. d. 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. e. 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-SolarLicense- 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. f. Associated development on BLM land is shown of informational purposes only. All entitlement and construction permitting of BLM land will be coordinated with and processed through BLM. g. The applicant and/or developer shall submit a Plan of Development for administrative review and approval prior to construction permitting. h. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction 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. i. 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. j. 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. k. 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. 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-44-26-030-X-00)