HEARING ADMINISTRATOR’S FINDINGS AND DECISION

PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT

201 N. Stone Avenue, 1st Floor Tucson, Arizona 85701-1207

CARLA BLACKWELL

Director

July 18, 2022

Phone: (520) 740-6520 FAX: (520) 798-1843

Page 1 of 4

HEARING ADMINISTRATOR'S FINDINGS AND DECISION

CASE NO. P22CU00002 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF

JESUS CHRIST OF LATTER DAY SAINTS ? N. TRICO ROAD Applicant: Longroad Development Company, LLC

Type I Conditional Use ? Utility Scale Solar Energy System

Authority

Chapter 18.97, in accordance with Section 18.07.030.Q.3.c.1 of the Pima County Zoning Code, requires a Type I conditional use permit (CUP) for a utility-scale solar energy system on property zoned RH (Rural Homestead. The subject application encompasses part or all of five (5) separate tax parcels (208-08-004B, 208-08-001C, 208-09-0060, 208-08-002C & 208-08-001A), for a total of seven hundred twenty-six (726) acres. These parcels are located north of Hardin Road and generally east and west of Trico Road.

Particulars of the Request

This request is made by Longroad Development, LLC, on behalf of the property owner (Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints). Longroad Development proposes to construct a utility-scale solar energy system (or "solar farm") on the aforementioned set of properties.

Public Hearing

In accordance with Pima County Zoning Code Section 18.97.030.F.3, an initial public hearing was held on this application on June 8, 2022. The hearing was held telephonically due to Covid-19 protocols still in place. The applicant presented the conditional use permit request and answered the Hearing Administrator's various questions. Three (3) members of the public attended the hearing to speak on the matter, comprised of two (2) adjacent property owners and an official from the Cortaro-Marana Irrigation District (CMID). Essentially all of the points expressed pertained to the southernmost portion of the proposed solar installation along Hardin Road. CMID concerns revolved around their open canals paralleling Hardin Road. The two property owners felt that there was the potential for significant impacts or hardships to their adjacent holdings, especially in the case of the Marana Pumpkin Patch, which is a popular and important local visitor attraction.

Case No. P22CU00002 CORPORATION OF THE PRESIDING BISHOP OF CHURCH OF JESUS CHRIST OF LDS ? N. TRICO ROAD July 18, 2022

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Staff indicated that it had also received several emails prior to the hearing, with some of these being from the same above property owners and echoing the same points expressed above.

After hearing all of the above, the Hearing Administrator pursued these topics with the applicant. In the end, the applicant embraced the idea of a thirty-day continuance to allow for coordination and interaction with the affected neighbors so as to pursue the prospect of mutually-agreeable solutions. As such, the Hearing Administrator continued the public hearing to July 13, 2022 and stated his expectations that all parties would make a sincere and good-faith effort towards resolution.

The public hearing resumed on July 13, 2022. It was quickly apparent that great progress had been made between the applicant and the aforementioned property owners, and that good-faith accommodations had been achieved between the parties. These included a suitable fencing/screening element along Hardin Road, together with provisions for attendant landscaping and irrigation.

One (1) new/additional member of the public attended the resumed public hearing to speak, this being a representative of the Desert Heritage Limited Partnership (DHLP). This Partnership owns the property immediately north of and adjacent to the proposed solar parcel on Hardin Road. The DHLP representative indicated their desire to not delay the proposed application any further, but also asked that they be allowed to continue the discussions they've initiated with the applicant to discuss certain questions and concerns they possess. Hearing this, the applicant representatives confirmed their willingness and desire to continue these talks. In response to an inquiry from the Hearing Administrator, the applicant agreed to adding a special condition for same as part of the final approval.

Hearing all of the above, the Hearing Administrator closed the public hearing, indicating that he would be approving this conditional use permit application, subject to a series of special conditions that memorialized all of the above.

Hearing Administrator's Comments

It is the Hearing Administrator's opinion that this conditional use permit requests constitutes an excellent example of an applicant and affected neighbors working together in good faith to identify and resolve substantive issues of concern. Special recognition and credit goes to applicant representatives Deron Lawrence and Rebecca Kelly, and adjacent property owners Jon Post, John Carter, and Desert Heritage Limited Partnership representative Mitch Stallard. When parties work together as well as this group has, it is the Hearing Administrator's goal to not insert himself into things any more than is necessary to accurately memorialize the understandings that were achieved by the principals involved.

Required Standards and Findings

Following are the Hearing Administrator's findings relative to the standards set by Pima County Code Sec. 18.97.030.F.3.c. These Sections stipulate that the following standards be met by the proposed use:

1. It will not be in serious conflict with the objectives of the general land use plan or the area plan in which situated.

The Comprehensive Plan (Pima Prospers) designates the subject site as Low Intensity Rural (LIR), the purpose of which is to provide areas for lower density residential uses together with others that are compatible with a primarily residential setting.

Case No. P22CU00002 CORPORATION OF THE PRESIDING BISHOP OF CHURCH OF JESUS CHRIST OF LDS ? N. TRICO ROAD July 18, 2022

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The proposed utility-scale solar installation is a low-impact, quiet, and generally unobtrusive use; the surrounding properties are largely agricultural or non-residential in nature. It is the Hearing Administrator's finding that the proposed use is not in conflict with the Comprehensive Plan, as long as suitable measures are incorporated to address the concerns raised by adjacent property owners during the public-hearing process. Proposed special conditions attached to this approval suitably address these matters.

2. It will provide safeguards for the protection of adjacent developed property, or if the adjacent property is undeveloped, for the legal permitted uses of such property.

The Hearing Administrator finds that the proposed use will not have a significant impact upon any of the surrounding properties in a way that prohibits any of their legal or permitted uses.

3. It has adequate accessibility to the County road network.

The property takes its access off Hardin and Trico Roads, the latter of which is a designated "major route" on the Pima County Major Streets & Routes Plan (MSRP). Access needs for such facilities are minimal at best. With the above in mind, access is found to be adequate.

4. It has sufficient off-street parking and loading facilities, that will be developed in accordance with County engineering standards.

Parking sufficiency and compliance with the Zoning Code in this regard is a matter verified at the time of permitting.

5. It will meet County standards in terms of control of noise, smoke, glare or heat, odors, vibrations, fly, ash, dust, fumes, vapors, gasses, and other forms of air pollution, liquids and solid wastes.

Appropriate mitigation measures have been negotiated with the surrounding properties to suitably address any impacts from the above.

6. Hours of operation will not be detrimental to adjoining residents.

This is a generally unmanned facility; hours of operation do not apply.

7. Landscaping will be fully in conformance with zoning code regulations.

Landscaping requirements, if any, are a matter always enforced at the time of permitting.

Hearing Administrator's Decision

This application for a Type I conditional use permit for a utility-scale solar energy system, on property zoned RH, is hereby approved by the Hearing Administrator, subject to the following Standard & Special Conditions:

Standard Conditions & Code Requirements

The Pima County Zoning Code allows utility-scale solar energy systems within the RH zone, subject to the Type I conditional use permit process.

PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT

201 N. Stone Avenue, 1st Floor Tucson, Arizona 85701-1207

CARLA BLACKWELL

Director

July 18, 2022

Phone: (520) 740-6520 FAX: (520) 798-1843

Page 1 of 3

HEARING ADMINISTRATOR'S FINDINGS AND DECISION

P22CU00003 CHERYL ABRAHAM -- W. INA ROAD

Type I Conditional Use ? Adaptive Reuse (Medical Office)

Background/Authority

Chapter 18.97, in accordance with Section 18.09.020.R of the Pima County Zoning Code, requires a Type I conditional use permit for an adaptive reuse on property zoned CR-1 (Residential). This request is to occupy a former single-family residence structure for a medical office. This same structure has already housed a prior office use, but that business operation has since vacated the property.

Public Hearing

In accordance with Pima County Zoning Code Section 18.97.030.F.3, a public hearing was held on this application on July 13, 2022. The owner (Cheryl Abraham) and applicant (Linda Morales, The Planning Center) presented the application to the Hearing Administrator and answered his various questions on the request.

No (0) members of the public attended the hearing to speak on the matter. Staff reported that they had received no (0) public comments, telephone inquiries or written protests on the case. After hearing all of the above, the Hearing Administrator verbally rendered his decision to approve the conditional use permit, subject to the standard and special conditions proposed by staff, including one from the Department of Transportation stipulating the close of the property's Ina Road driveway. He then closed the public hearing. The conditions governing this approval are presented later in this written decision.

Hearing Administrator's General Comments

The medical office being proposed here is a low-intensity one that will not change or negatively impact the established residential character of the nearby area, especially in light of the fact that this structure has already housed an office use in the recent past. Activity at the location will occur only between during normal daytime business hours; access to the property will occur via Montebella Road, just south of Ina Road, thus having no traffic impact on the residential neighborhood to the south.

Case No. P22CU00003 CHERYL ABRAHAM ? W. INA ROAD July 18, 2022

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Required Standards and Findings

Following are the Hearing Administrator's findings relative to the standards set by Pima County Code Sec. 18.97.030.F.3.c. These Sections stipulate that the following standards be met by the proposed use:

1. It will not be in serious conflict with the objectives of the general land use plan or the area plan in which situated.

The Comprehensive Plan presently places the subject property within an area designated Low Intensity Urban 1.2 (LIU), the purpose of which is to, "designate low-intensity residential areas, together with other compatible uses."

Given the above designation, the Hearing Administrator finds that the proposed adaptive re-use is low in its intensity and that, when operated in accordance with the standard and special conditions which have been attached, it will not alter the single-family residential character of the subject property or the residential area to the south. This finding is bolstered by the fact that the same structure already housed a previous office use with no negative impacts to the surrounding properties. With this in mind, the proposed use is found to be appropriate in this location and is not in conflict with the Comprehensive Plan.

2. It will provide safeguards for the protection of adjacent developed property, or if the adjacent property is undeveloped, for the legal permitted uses of such property.

The Zoning Code has built-in safeguards for the adaptive reuse of existing single-family residential structures, including no aesthetic alteration of the structure's exterior, minimal parking allowances, and generally maintaining the look and feel of a single-family residence. These standing Code prescriptions are found to be significant in safeguarding the surrounding properties. One (1) additional Special Condition has been added by the Hearing Administrator only to address the ingress/egress issue raised by the Department of Transportation (DOT).

3. It has adequate accessibility to the County road network.

The site will have direct access to Montebella Road, and then directly Ina Road, the latter of which is a designated "major street" on the Pima County Major Streets & Routes Plan (MSRP). Access is therefore found to be adequate. In order to ensure safety, the Department of Transportation is requesting that the property's current Ina Road driveway be closed. This requirement has been added as a special condition of this approval.

4. It has sufficient off-street parking and loading facilities, that will be developed in accordance with County engineering standards.

Sufficient on-site parking, loading, etc. has been provided with the aforementioned prior office use and will be verified by staff during the permitting process.

5. It will meet County standards in terms of control of noise, smoke, glare or heat, odors, vibrations, fly, ash, dust, fumes, vapors, gasses, and other forms of air pollution, liquids and solid wastes.

The proposed use is found to not threaten the surrounding properties in any of the above ways, including noise. Standard Zoning Code requirements (i.e. setback, buffering, etc.), together with the supplemental Special Condition attached by the Hearing Administrator, are considered sufficient to address all relevant matters.

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