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HomeMy WebLinkAboutResolution 2022-119 Declaring as a Public Record Filed with the Town Clerk the Amendments Adopted by Ordinance No. 2022.026MARANA RESOLUTION NO. 2022-119 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2022.026, REVISIONS TO TITLE 17 "LAND DEVELOPMENT" OF THE MARANA TOWN CODE, INCLUDING ADDING DEFINITIONS FOR SOLAR ENERGY SYSTEMS AND ENERGY STORAGE TO SECTION 17-1-6 (DEFINITIONS), ADDING ZONING PROVISIONS FOR SOLAR ENERGY SYSTEMS AND ENERGY STORAGE TO CHAPTER 17-4 "ZONING," REVISING CHAPTER 17-6 "GENERAL DEVELOPMENT REGULATIONS" TO ADD NEW SECTION 17-6-11 (SOLAR ENERGY SYSTEMS AND ENERGY STORAGE FACILITIES); AND OTHER VARIOUS REVISIONS TO TITLE 17 OF THE MARANA TOWN CODE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the revisions to Title 17 "Land Development" of the Marana Town Code, adding definitions for solar energy systems and energy storage to Section 17-1-6 (Definitions), adding zoning provisions for solar energy systems and energy stor- age to Chapter 17-4 "Zoning," revising Chapter 17-6 "General Development Regulations" to add new section 17-6-11 (Solar energy systems and energy storage facilities); and other various revisions to Title 17 of the Marana Town Code, a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of November, 2022. ATTEST: David L. Udall, Town Clerk 00084948.DOCX /1 E:A81.1s A AZ Resolution No. 2022-119 Mayor Ed honea APPROVED AS TO FORM: ja iral , own Attorney -I- EXHIBITA TO MARANA RESOLUTIONNO. 2022-119 Amendments to Marana Town Code, Title 17 "Land Development" pursuant to Marana Ordinance No. 2022.026 SECTION 1. Section 17-1-6 (Definitions) of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with st-i'a): 17-1-6 Definitions A. The following definitions are used in this title, unless a different meaning is clearly indicated by the context or by a more specific definition: [No revisions to subparagraphs 1 through 66] 67. Electric utility A business providing ancillary services electric distribution services, electric generation services, electric transmission services and other services related to providing electricity to retail customers. 68. Energy storage: Technologies that capture or absorb electricity, store it as another form of energy f chemical thermal mechanical), and then release it for use when it is needed. 69. Energy storage facility Building structure or land used for energy storage. [No revisions to existing subparagraphs 67 through 150 which are hereby renumbered as subparagraphs 70 through 153] 1-54 154. Power plant: A facility that converts one or more energy sources, including but not limited to water power, fossil fuels, or nuclear power, or- solar- peiver-, into electrical energy or steam. A power generation plant may also perform either or both of the following: (a) operation of a transmission system that conveys the energy or steam from the generation facility to a power distribution system; (b) operation of a distribution system that conveys energy or steam from the generation facility or the transmission system to final consumers. [No revisions to existing subparagraphs 152 through 182 which are hereby renumbered as subparagraphs 155 through 185] 186. Solar energy system or solar power dant• A device or series of mechanisms designed for a utility provider to provide heating to provide cooling, to produce electrical power, to produce mechanical power, or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. [No revisions to existing subparagraphs 183 through 209 which are hereby renumbered as subparagraphs 187 through 2131 249 214. Utility facility: Building, structure, or land used by a utility, railroad, or governmental agency for uses such as, but not necessarily limited to, water or sewage treatment plants or pumping stations, 00083440.DOCX12 1 EXHIBIT A TO MARANA RESOL UTION NO. 2022-119 Amendments to Marana Town Code, Title 17 "Land Development" pursuant to Marana Ordinance No. 2022.026 substations, telephone exchanges, and resource recovery facilities, but not including a power plant, a solar energy system or solar power plant, an energy storage facility, and land, buildings, or structures used solely for storage and maintenance of equipment and materials. [No revisions to existing subparagraphs 211 through 218 which are hereby renumbered as subparagraphs 215 through 222] [No revisions to paragraphs B and C] 00083440.DOCX /L EXHIBIT A TO MARANA RESOL UTION NO. 2022-119 Amendments to Marana Town Code, Title 17 "Land Development" pursuant to Marana Ordinance No. 2022.026 SECTION 2. Chapter 17-4 "Zoning" of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with stTis): [No revisions to section 17-4-1] 17-4-2 Use matrix [No revisions to paragraphs A through C] Table 2. Use matrix (only amendments to Table 2 are shown; the remainder of Table 2 is unchanged) Uses AG RA I ER I NR I GR I MR I RR I NC I VC ILI HI Utilities Accessory energy storage U X X X X X X X X U U facili Energy storage facility C X X X X X X X X C C Power plant C C -X X X X X X X X C C Solar energysystem/solar C C X X X X X X X C C power plant 17-4-3 Use conditions matrix The following table lists the conditions that apply to uses marked with a "U" in Table 2 (Use matrix). Where a zoning group is listed in the "zone(s)" column, the conditions apply to all zoning districts in that zoning group. Table 3. Conditions per use (only amendments to Table 3 are shown; the remainder of Table 3 is unchanged) Use Zone(s) Condition(s) Accessory energy storage AG, LI, HI Must comply w� all development standards facili torage for energy storage facilities, as set forth in section 17-6-11 Must be accessory to an electric utility facility Shall consist of a maximum of 10% of total land use peter pparcel 00083440.DOCX/2 3 EXHIBIT A TO MARANA RESOL UTION NO. 2022-119 Amendments to Marana Town Code, Title 17 "Land Development" pursuant to Marana Ordinance No. 2022.026 [No revisions to section 17-4-4 through 17-4-181 17-4-19 Zone C - large lot zone [No revisions to paragraphs A through D] E Energy storage torage facilities Energy storage facilities may be permitted in zone C subject to the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits), and in compliance with all development standards for energy storage torage facilities set forth in section 17-6-11 [No revisions to sections 17-4-20 through 17-4-261 SECTION 3. Chapter 17-6 of the Marana Town Code is hereby renamed as "General and Miscellaneous Development Regulations." SECTION 4. Chapter 17-6 of the Marana Town Code, renamed as "General and Miscellaneous Development Regulations" by section 3 of this ordinance, is hereby revised by adding new section 17-6-11 (Solar energy systems and energy storage) as follows: 17-6-11 Solar energy systems and energy storage facilities A. The minimum requirements of this section, including the development standards set forth in Table 1 (Development standards for solar energy systems or energy storage facilities) below, shall apply to any solar energy system or energy storage facility located in any zoning district. 00083440.DOCX/1 4 EXHIBIT A TO MARANA RESOL UTION NO. 2022-119 Amendments to Marana Town Code, Title 17 "Land Development" pursuant to Marana Ordinance No. 2022.026 Maximum site area 200 acres 100 acres Setbacks (minimum) I AG zone: 40 foot perimeter AG zone: 40 foot perimeter LI and HI zones: 30 foot perimeter Maximum structure height 16 feet Buffers (minimum) Parcels containing other solar energy systems: 2,000 feet* Major roadwayst Interstate 10 (I-10) - Pinal county line south to Twin Peaks Road interchange: 1 mile Tangerine Road - Dove Mountain Boulevard west to I-10:1/2 mile Twin Peaks Road - Saguaro Highlands Drive west to town boundary: 1/2 mile Avra Valley Road - within towns boundaries: 1/2 mile LI and HI zones: 40 foot perimeter 16 feet Parcels containing other energy storage facilities: 2,000 feet" Major roadwayst Interstate 10 (I-10) - Pinal county line south to Twin Peaks Road interchange:1 mile Tangerine Road - Dove Mountain Boulevard west to I-10:1/2 mile Twin Peaks Road - Saguaro Highlands Drive west to town boundary: 1/2 mile Avra Valley Road - within town's boundaries: 1/2 mile Residential zoned parcel: 500 feet Abutting an existing residential dwelling: 1,000 feet* * Measured in a straight line from the boundary of each parcel $ Measured from right-of-way centerline on both sides 00083440.DOCX/2 5 EXHIBIT A TO MARANA RESOL UTION NO. 2022-119 Amendments to Marana Town Code, Title 17 "Land Development" pursuant to Marana Ordinance No. 2022.026 B. The developer of a solar energy system or energy storage facility must provide the town with a decommissioning plan for the site at the time of development plan review. The plan must include the necessary funding assurances to ensure the property is returned to its pre -development condition, flat state or better, including remediating any environmental issue caused by the solar energy system or energy storage facility. C. If title to the solar energy system or energy storage facility is vested in a special purpose entity, a written guaranty from its parent company must be included with the decommissioning plan required by paragraph B, above, fully binding the parent company to all the terms and conditions of the decommissioning plan. If the solar energy system or energy storage facility is leased, sold, or conveyed, the guaranty shall be fully binding upon the successors and assigns of the special purpose entity and parent company, as well as any other subsequent owner/ operator of the solar energy system or energy storage facility. D. Solar energy systems and energy storage facilities shall be maintained in good working order and in accordance with manufacturer and industry standards. Any solar energy system or energy storage facility, or any component of a system or facility, which becomes inoperable shall be made operational or shall be removed from the property within one year of the date the system or facility became inoperable, all at the owners expense. E. Approval granted to an individual property owner of a solar energy system shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping, or other accessory improvements, even if such improvements may diminish the function of the solar energy system. 00083440.DOCX12 6