Vote — approved

Kate Brophy McGee	yes
Debbie Lesko	yes
Mark Stewart	yes
Thomas Galvin	yes
Steve Gallardo	yes

5.65 Acres. A map or plat depicting such streets is attached. General Vicinity: 195th Avenue and Bethany Home Road, lying within Supervisorial District 4, in an unincorporated area. In addition, direct the Clerk of the Board to record the Board of Supervisors resolution with the County Recorder. (C-64-26-129-X-00) Motion to approve by Supervisor Debbie Lesko, seconded by Supervisor Mark Stewart Ayes: Kate Brophy McGee, Debbie Lesko, Mark Stewart, Thomas Galvin, Steve Gallardo

Item Text

5. HEGIC SOUTH (Supervisorial District:5) Case #: Z250024 Applicant and Owner: Keith Nichter, Kimley-Horn / CV Harquahala LLC Request: Amendment to the IND-2 IUPD zoning district (modification of conditions of Z2023131) Site Location: Generally located south of Lower Buckeye Road and Harquahala Valley Road. Commission Recommendation: On 3/5/26, the Commission voted 6-0 (motion by Vice Chair Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z250024 subject to conditions ‘a’ – ‘i’: a. Development shall be in substantial conformance with the zoning exhibit entitled “Harquahala Energy Generation and Industrial Campus South” consisting of 1 full-size sheet, dated July 2, 2025 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 “HARQUAHALA ENERGY GENERATION & INDUSTRIAL CAMPUS (HEGIC) SOUTH”, consisting of 11 pages, dated December 11, 2025 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. 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. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Maricopa County does not supply water, fire or sewer services. It is the applicant/owner’s responsibility to coordinate and secure water, fire and sewer services for this site. 4. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final drainage report must be submitted with the application for Building Permits. d. The following IND-2 IUPD Zoning District standards shall apply: 1. Maximum Electric Transmission Line Height – 199’ 2. Maximum Building Height - 90' (Not including gas generating facility stack height up to 199’) 3. Maximum Lot Coverage - 60%, solar panel arrays are not calculated as lot coverage. 4. Article 902.91 – All uses except for parking, loading, unloading, storage, electric generation, electric storage and electric transmission infrastructure shall be conducted within a completely enclosed building. 5. Site Enclosure and Screening – At a minimum, chain-link fencing and gates shall be allowed on the perimeter of the project. One (1) foot of barbed wire strands will be incorporated atop 6-foot fencing for additional security. Up to 12' aluminum anti-climb fencing allowed. 6. Permitted uses – Solar electric generating facility and Battery Energy Storage System (BESS) – including ancillary offices and ancillary uses only, Gas generating facility and ancillary uses including accessory electrical substation, other power equipment, and distribution facilities. Water storage and treatment. All Uses Permitted in the IND-2 Zoning District where wastewater can be accommodated via onsite septic and water systems until such time that sewer and/or water service is available to the site. e. 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. f. The IUP overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. g. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. 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 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. i. 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 reversion to the zoning that existed on the date of application in accordance with Maricopa County Zoning Ordinance requirements. It is, therefore, stipulated and agreed that reversion of the zoning 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 reversion of the zoning. This 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-44-26-091-X-00)

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