Z2023026 PZ Handout Memo 2

DATE:  
October 5, 2023 
 
TO: 
 Planning & Zoning Commission   
 
From: 
 Mathew Holm, AICP Planning  
 
SUBJECT: 
 Z2023026 – Sun Pond III 
 
 Agenda Items: # 9 
 
 
 
Since the publishing of the staff report staff received a request by the applicant’s representative 
to modify the language of Condition ‘l’ for case Z2023026. Staff supports this request.   
 
Staff recommends the Commission adopt a motion recommending that the Board approve 
Z2023026 – Sun Pond III, subject to modified condition ‘l’ below in the final format:  
 
l. 
The IUPD overlay instrument is applied to restrict the use of the site and this IND-
2 IUPD shall limit the use of the site to a photovoltaic electric generation facility 
including any ancillary uses of the facility.  The IUPD may be 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 the recommendation of the Planning & Zoning Commission.   
 
 
Additionally, since the publishing of the staff report, staff received a request from the applicant’s 
representative to eliminate Conditions ‘g’ and ‘h’ of Z2023026 – Sun Pond III which have the 
following language:  
 
g.  
Prior to the submission of building permits the landowner or developer shall abandon the 
existing recorded ingress/egress easements within the site, excluding any ingress/egress 
easement that relates to transmission line easements.  
 
h.  
Prior to the submission of building permits the landowner or developer shall combine all 
lots that make up the site into one single parcel with one assessor’s parcel number.  
 
Staff accepts these requests since these conditions are not relevant to this site, since the 
ingress/egress easements will not be impacted by this development, and the fact this site will be 
one parcel once land ownership is transferred from the state to the new landowner.