Vote: approved

Item Text

8. ARLINGTON VALLEY SOLAR ENERGY 3 (AVSE 3) (Supervisorial District: 4) Case #: Z250026 Applicant and Owner: Kimberly Comacho, Arlington Valley Storage Energy 3, LLC Request: Zone Change from Rural-190 to IND-2 IUPD Site Location: Generally located 660’ east of the SEC of Narramore Rd. & 387th Ave. in the Arlington area Commission Recommendation: On 5/7/26, the Commission voted 7-0 (motion by Vice Chair Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z250026 subject to conditions ‘a’-‘l’: a. A Plan of Development is approved subject to site plan entitled “Arlington Valley Storage Energy 3” consisting of 7 full-size sheets, dated 1/16/2026, and stamped received 3/12/2026. 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. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Zone Change with Overlay Narrative Report”, consisting of 16 pages, dated 1/15/2025, and stamped received 3/12/2026, except as modified by the following conditions. c. The following IND-2 IUPD development standards shall apply: 1. Min. Front Setback: 0’ 2. Min. Side Setback: 0’ 3. Min. Street-side Setback: 0’ 4. Min. Rear Setback: 0’ 5. Min. Parking: Industrial and Office uses at 1 space per 1,000 square feet of floor area 6. Min. Screening: Minimum 6’ high chain link fences/gates without view obscuring materials 7. Barbed, razor, or concertina wire allowed on top of fences under 8’ high 8. Min. Paving: Driveways and parking areas may be stabilized with alternative dust control measures other than paving such as aggregate, millings, soil cement or other method acceptable by Maricopa County Air Quality Department 9. Min. Loading/unloading spaces: 0 10. Industrial uses allowed to occur outside an enclosed building 11. Max. Height: Structures to support electric transmission lines maximum height 200’ 12. Permitted Uses: See condition ‘d’ 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, battery energy storage systems (BESS), 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. e. The following Planning Engineering conditions shall apply: 1. Since drainage entitlement reviews are conceptual, the final drainage report must be submitted during the building permit stage, detailed review of the RFE shall be provided in the drainage report and reviewed at building permit stage. All electrical and battery components shall be placed at or above the regulatory flood elevation. 2. Sealed final grading and drainage plans shall be submitted at building permit stage. 3. A traffic impact study approval or TIS waiver is required to be submitted with building permit package. 4. Engineering and drainage review for entitlement cases are based on conceptual design. Therefore, 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 process and are submitted to the County for further review and/or entitlement. 5. 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. 6. The County does not provide fire service, therefore it is incumbent that the applicant seek service and approval of plans from the jurisdictional fire service provider. f. The following Maricopa County Department of Transportation condition shall apply: 1. A section alignment, Narramore is located on the northern perimeter of the proposed development and requires the setback line to start from a future half-street right-of-way of 55 feet per MCZO 1105. g. 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. h. 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. i. The developer shall implement dust control measures during and after construction with coordination with the County’s Air Quality Department. j. 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). k. 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. 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 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-44-26-114-X-00)

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