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November 15, 2023 Z2023025 Page 1 of 5 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: November 15, 2023 Case #/Title: Z2023025 – Sun Pond II Supervisor District: 4 Applicant/Owner: Stephen Morgan, KP Environmental, Inc. / LSH Land Holdings, LLC Request: Administrative correction to the action taken November 1, 2023 with regard to Sun Pond II Z2023025 (C-44-24-075-X-00) – a request for a zone change from Rural-43 to IND-2 IUPD for a proposed photovoltaic solar power generation facility Site Location: Generally located on the southwest corner of 355th Ave. and Southern Ave. in the Tonopah area Site Size: Approximately 541 acres County Island Status: N/A Additional Comments: The Board approved Z2023025 subject to the recommendation of the Planning and Zoning Commission. However, the conditions of approval recommended by the Commission were incorrectly listed on the published agenda with references to “Sun Pond I” instead of “Sun Pond II”. The correct verbiage for conditions ‘a’, ‘b’ and ‘c’ is shown below in legislative-edit: a. Development of the site shall be in substantial conformance with the site plan entitled “Sun Pond 12 Solar Project”, consisting of nine full-size sheets, dated July 2023, and stamped received July 19, 2023, 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 “Sun Pond I II Solar Project”, consisting of 18 pages, dated July 2023, and stamped received July 19, 2023, except as modified by the following conditions. c. A Plan of Development is approved subject to a site plan entitled “Sun Pond 12 Solar Project” consisting of nine full-size sheets, dated July 2023, and stamped received July 19, 2023. The Plan of Development may be amended administratively under a 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 November 15, 2023 Z2023025 Page 2 of 5 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. The Commission recommended conditions ‘a’ – ‘o’ are shown correctly in final format in the Commission Recommendation. Commission Recommendation: On 10/5/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023025 subject to conditions ‘a’ – ‘o’: a. Development of the site shall be in substantial conformance with the site plan entitled “Sun Pond 2 Solar Project”, consisting of nine full-size sheets, dated July 2023, and stamped received July 19, 2023, 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 “Sun Pond II Solar Project”, consisting of 18 pages, dated July 2023, and stamped received July 19, 2023, except as modified by the following conditions. c. A Plan of Development is approved subject to a site plan entitled “Sun Pond 2 Solar Project” consisting of nine full-size sheets, dated July 2023, and stamped received July 19, 2023. The Plan of Development may be amended administratively under a 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. d. Prior to the submission of building permits the developer must conduct a Class I Cultural Resources Inventory of the site to determine the extent of any known cultural resources. The developer shall take measures to avoid and minimize the impact of any known or found cultural resource during the construction of any phase of the development. e. Prior to the submission of building permits the developer shall provide a letter from the State Historic Preservation Office (SHPO) stating if or if not, the site is located in an area of historical or cultural significance. f. The landowner or developer shall coordinate with the Arizona Game & Fish Department in each phase of development to determine best management practices to minimize impacts on the area’s wildlife. The landowner or developer shall coordinate with the Arizona Game & Fish Department to determine the appropriate wildlife and habitat surveys that will need to be conducted during the development of the site. g. The following Planning Engineering comments shall apply: 1. Detailed Grading and Drainage Plans must be submitted with the application for Building Permit(s) indicating that runoff from each solar field area will be directed to a retention basin. November 15, 2023 Z2023025 Page 3 of 5 2. Building permit submittals shall include analysis to determine stabilization requirements for perimeter channels to meet County requirements. 3. Any retention and spreader basins shall drain within 36 hours. 4. Drainage Waiver case DRB2023007 must be approved prior to issuance of building permit(s). 5. If permitted or constructed together, a consolidated drainage design is required at the southeast corner of Sun Pond I site and the southwest corner of Sun Pond II site. 6. Prior to the issuance of building permits, the Traffic Statement must be approved by MCDOT’s Traffic Branch. 7. A Solar License is required from MCDOT for any private utility company that will occupy the County right-of-way (i.e. transmission facilities). 8. 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. 9. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of solar arrays may be necessitated by the final engineering design of the site’s drainage infrastructure. h. The following MCDOT Planning comments shall apply: 1. The landowner or developer shall provide a reserved minimum right-of-way of 55 feet relative to the roadway’s centerline along the site’s east, north, and south frontage. i. The following IND-2 IUPD zoning district development standards shall apply: 1. There shall be no required yards. 2. There shall be an average perimeter setback along reserved right-of-way and along boundaries without reserved right-of-way of 20 feet. 3. There shall be no parking requirements. 4. There shall be no required loading/unloading spaces. 5. Photovoltaic solar panel arrays shall not contribute to lot coverage calculations. 6. Chain link fences without screening materials shall exceed two feet in height but shall not exceed the maximum fence height of eight feet inside a 25-foot by 25- foot sight-visibility triangle. November 15, 2023 Z2023025 Page 4 of 5 7. Photovoltaic solar panel arrays shall not be enclosed in a building. 8. Alternative surfacing materials or other methods approved by Maricopa County Air Quality to minimize dust pollution shall be allowed in driveways and parking areas. 9. A minimum of six-foot tall chain link fences and gates without screening materials shall be allowed adjacent to any zoning district. 10. Attached barbed wire or concertina wire shall be permitted under a height of eight feet for fences and gates. 11. The landowner or developer shall coordinate with the Arizona Game & Fish Department to determine fencing design and layout to provide appropriate wildlife access and maintain wildlife connectivity across the project area. j. 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 recommendation of the Planning & Zoning Commission. k. All outdoor lighting shall be in compliance with Section 1112 of the Maricopa County Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from any adjoining rural or residential zoning district. l. Prior to the issuance of a building permit, written confirmation shall 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. m. Amendment to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. n. 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. o. 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 shall revert 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. November 15, 2023 Z2023025 Page 5 of 5 Presented by: Martin Martell, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Note: 10/05/23 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available.