CPA2022015-Z2022214 SECTION 1.PDF
Extracted text (via pymupdf)
127861 characters
May 24, 2023
CPA2022015 & Z2022214
Page 1 of 5
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
May 24, 2023
Case #/Title:
CPA2022015/Z2022214 – Harquahala Sun II
Supervisor District:
5
Applicant/Owners:
Kimley-Horn / Multiple Owners
Requests:
1) General Comprehensive Plan Amendment (CPA) to change the
land use designation in the Vision 2030 Maricopa County
Comprehensive Plan from Rural Development Area to Utilities. CPA
case approval is by Resolution.
2) Zone Change with Overlay from Rural-43 and C-2 to IND-2 IUPD
Site Location:
Generally located between the alignments of Courthouse Road on
the north, Southern Avenue on the south, Harquahala Valley Road
on the west and 491st Avenue on the east.
Site Size:
Approx. 327.65 acres (CPA2022015) & 2,717.76 acres (Z2022214)
County Island Status:
N/A
Additional
Comments:
The Utilities land use designation is intended for electric generating
plants, water and wastewater treatment facilities, and associated
offices and accessory equipment. The appropriate zoning for a
solar and battery storage farm under the Utilities designation is IND-
2 and therefore the zoning request is consistent with the existing
land use designation under CPA2020002 and proposed land use
designation under CPA2022015. Luke Air Force Base stated that
the applicant is aware that the project is located underneath military
training routes (MTRs) and requested that the applicant submit an
informal review under the DOD Clearinghouse process. This
process typically comments on construction practices. ADOT
requested improvements in their right-of-way to Salome Hwy and
its frontage road. AZGFD commented on construction practices as
related to wildlife protection. The applicant made several
guarantees to AZGFD which have subsequently been included in
the conditions. AZSHPO is requiring a survey of various areas and
is coordinating with the applicant directly on that matter. There are
no outstanding concerns from county review agencies. Staff
originally received a letter of opposition from a property owner
internal to the site; however, that letter was retracted.
May 24, 2023
CPA2022015 & Z2022214
Page 2 of 5
Commission
Recommendation (Two Motions):
On 4/20/23, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve CPA2022015.
On 4/20/23, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve Z2022214
subject to conditions ‘a’ – ‘u’:
a.
Development of the site shall be in substantial conformance with the Legal Description
entitled “Legal Description”, consisting of 4 pages, stamped received February 23, 2023,
except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Harquahala Sun II Site Plan” consisting of 17 full-size sheets, dated April 11, 2023, and
stamped received April 11, 2023, except as modified by the following conditions. The Plan
of Development may be amended administratively under 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.
c.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Harquahala Sun II”, consisting of 13 pages, dated March 3, 2023, and stamped
received March 21, 2023, except as modified by the following conditions.
d.
The following IND-2 IUPD Zoning District standards shall apply:
1.
Max. Electric Transmission Line Height: 140’
2.
Parking Spaces Required: None required
3.
Pavement: Pavement not required for parking spaces with an approved dust
control plan by Maricopa County Air Quality Control
4.
Loading and Unloading Spaces: No loading and unloading spaces required
5.
Landscaping: No landscaping setback required
6.
Screening: Min. 6’ chain-link fence required along perimeter of site; fence shall be
setback a min. of 10’ from the property boundaries of any abutting rural or
residential zoned property boundaries internal to the area of the zone change
7.
Sight Visibility Triangles (SVT): SVT’s waived at project site entry/exit points,
section line and midsection line intersecting alignments
8.
Article 902.9.1: All utility uses permitted outdoors, except that inverters and
transformers shall be setback 300’ from existing residences; other outdoor
private infrastructure shall be set back a min. of 10’ from the fenceline located
within 10’ any abutting rural or residential zoned property boundaries internal to
the area of the zone change
e.
The following Planning Engineering conditions shall apply:
1.
On-site retention basins must be designed to contain overflows/spillways
designed to accommodate the unattenuated peak 100 year inflow to each
respective basin, inclusive of offsite flows.
May 24, 2023
CPA2022015 & Z2022214
Page 3 of 5
2.
Detailed grading and drainage plans must be submitted with building permit
application(s) indicating that runoff from each solar field area will be directed to a
retention basin.
3.
Any reduction in the 100 year, 2hr. retention volume requirement will require
approval of a Drainage Waiver. The waiver application is a separate application
and must demonstrate that there will be no increase in runoff from the site as a
result of the proposed development. At a minimum, the first flush volume of runoff
must be retained. The Drainage Waiver is a separate application must be approved
prior to issuance of building permit(s).
4.
Existing contour lines must be annotated on the plans submitted for building
permit(s).
5.
Any buildings located in a floodplain must be elevated to the RFE or otherwise
floodproofed.
6.
Disturbance to floodplains will require a floodplain use permit (issued concurrent
with building permit(s) by PND).retention basins shall drain within 36 hours per
County requirements.
7.
The gen-tie line will require an FCD issued R/W permit where it crosses FCD
encumbered properties (i.e. Saddleback FRS/Diversion Channel), prior to issuance
of a building permit(s) involving this work.
8.
Preservation of R/W is required as shown on the approved plans.
9.
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.
10.
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 or BESS may be
necessitated by the final engineering design of the site’s drainage infrastructure.
f.
The IUPD overlay is applied to restrict the use of the site. IND-2 IUPD shall limit the use of
the site exclusively to a solar electric generating facility including ancillary offices,
ancillary uses and existing agricultural uses. Any other site uses shall require a Zone
Change Major Amendment.
g.
The Owner or Developer shall implement the construction best practices as guaranteed in
the e-mail communication between Arizona Game and Fish Department (AZGFD) and
Copia Power on February 6, 2023. The Zoning Inspector and/or their designee shall review
whether these best practices are being implemented in accordance with the e-mail
following the issuance of relevant permits and periodically as needed through either the
inspection process or communication with AZGFD. Should the Zoning Inspector and/or
their designee decide that the Owner or Developer has not substantially undertaken these
best practices in good faith, the Owner or Developer shall not receive a final permit and
certificate of occupancy until the best practices are implemented.
May 24, 2023
CPA2022015 & Z2022214
Page 4 of 5
h.
The Developer shall conduct a Class II Cultural Resources Survey as per the comments
from the Arizona State Historic Preservation Office (AZSHPO) included in the e-mail dated
April 11, 2023 prior to issuance of construction permits unless otherwise coordinated with
AZSHPO. Prior to the Cultural Resources Survey, the Developer shall send a map and
sampling strategy to AZSHPO for approval. Additionally, the Cultural Resources Survey
shall include 100 percent survey coverage in and around washes including Centennial
Wash and its tributaries as depicted on historical topographical maps and historic aerial
imagery. The remainder of the site shall be sample surveyed using larger transect spaces
as necessary and smaller transect widths where cultural resources have been identified
in sample areas.
i.
Development of APN#506-29-025A for utilities uses shall void the Agricultural Exemption
on the parcel.
j.
The Plan of Development shall maintain and illustrate an approximately one (1) acre
development exclusion area directly east of the boundaries of APN#506-29-031C
approximately 140’ running from north to south and approximately 330’ running from east
to west.
k.
The developer shall provide at least five-days notice to rural or residential zoned privately-
owned parcels internal to the area of the zone change of heavy construction traffic and
disruption beyond incidental disruption to any easement providing those owners with
direct access to their properties. An appropriate detour shall be provided to these owners.
l.
The developer shall reasonably repair any damage to easements that provide direct
access to rural or residential zoned privately-owned parcels internal to the area of the zone
change upon completion of use of the easements for heavy construction traffic and shall
abate dust during the construction. If use of the easements is intermittent, then
easements shall be repaired following the cessation of the period in which the
construction traffic is occurring.
m.
Two palm trees located south of the boundaries of APN#506-29-031C as illustrated on
the Plan of Development shall be left untouched from site development.
n.
At the time of application for building permits, plans shall indicate construction of paved
shoulders along the intersection of and extend through Salome Hwy and the frontage road
(Harquahala Valley Road) south of eastbound ramps within ADOT ROW. Work shall also
include replacement of the top 2" of the roadway surface and re-striping at this location.
Work within ADOT right-of-way shall require a permit from ADOT. Timing of improvements
shall be coordinated with ADOT prior to the start of work and the extent of the work shall
be limited to the illustration in the e-mail dated Thursday, March 30, 2023 between Kimley-
Horn and ADOT.
o.
All outdoor lighting shall be in compliance with Section 1112 of the Maricopa County
Zoning Ordinance.
p.
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.
May 24, 2023
CPA2022015 & Z2022214
Page 5 of 5
q.
In the event that Harquahala Sun II, in whole or in part, is constructed and ceases operating
for a period of five years or more, the Owner shall be responsible for decommissioning
the non-operating portion of the site and for the regrading and restoration of the site.
Decommissioning of the site shall include the removal of all structures above and under
the ground (up to 3 feet) that are not a part of, or provide utility to, other operating portions
of the site. The Owner shall be responsible for reporting any areas decommissioned to
Staff and either converting the site to other uses permitted in condition ‘f’ of Z2022214 or
otherwise Staff may present the CPA and Zoning to the Board of Supervisors for
consideration of reversion within five years. All decommissioning and restoration
activities will adhere to the requirements of the appropriate governing authorities, and will
be in accordance with all applicable, federal, state and Maricopa County regulations.
Decommissioning removal requirements may also be amended and amount of time to
decommission extended, if warranted, by the Zoning Inspector or his or her designee. The
Owner shall inform any future buyers/property owners of this decommissioning
requirement and of their responsibility to decommission.
r.
Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance requirements.
s.
Noncompliance with the conditions of approval will be treated as a violation in accordance
with the Maricopa County Zoning Ordinance, and may be grounds for further action,
including zoning revocation, by the Maricopa County Board of Supervisors.
t.
Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, Drainage Review
Division, Planning and Development Department, or the Flood Control District of Maricopa
County may be grounds for initiating a revocation of this Zone Change as set forth in the
Maricopa County Zoning Ordinance.
u.
The granting of this Zone Change has been at the request of the applicant, with the
consent of the landowner. The granting of this approval allows the property owner to
enjoy uses in excess of those permitted by the land use existing on the date of the
application, subject to conditions. In the event of the failure to comply with any condition
of approval, the property shall change to the land use designation that existed on the date
of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due
to such revocation. The Zone Change enhances the value of the property above its value
as of the date the Zone Change is granted and changing to the prior land use designation
results in the same value of the property as if the Zone Change had never been granted.
Presented by:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
4/20/23 P&Z Packet (138 pages)
4/20/23 P&Z Handout Memo (3 pages)
Resolution (2 pages)
Note:
4/20/23 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
CPA2022015 & Z2022214
Page 1 of 18
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Cases:
CPA2022015 & Z2022214 – Harquahala Sun II
Hearing Date:
April 20, 2023
Supervisor District:
5
Applicant:
Kimley-Horn
Owners:
Multiple Owners
Requests:
1) General Comprehensive Plan Amendment (CPA) to change the land use
designation in the Vision 2030 Maricopa County Comprehensive Plan from
Rural Development Area to Utilities
2) Zone Change with Overlay from Rural-43 and C-2 to IND-2 IUPD
Site Location:
Generally located between the alignments of Courthouse Road on the
north, Southern Avenue on the south, Harquahala Valley Road on the west
and 491st Avenue on the east.
Site Size:
Approx. 327.65 acres (CPA2022015) & 2,717.76 acres (Z2022214)
Density:
N/A
County Island:
No
County Plan:
Vision 2030 Maricopa County Comprehensive Plan – Rural Development
Area
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
One (1) opposed
Recommendations:
1) Approve
2) Approve with conditions
CPA2022015 & Z2022214
Page 2 of 18
Project Summary:
1.
The applicant is requesting a Comprehensive Plan Amendment (CPA) to change the land use
designation in the Vision 2030 Maricopa County Comprehensive Plan from Rural Development
Area to Utilities to allow development of a phased utility-scale solar electric generating project
generating approximately 350 MW of electricity along with a battery energy storage system
(BESS). In addition to the CPA proposal, the applicant is requesting a Zone Change with Overlay
from Rural-43 & C-2 to IND-2 IUPD. Located in the Harquahala Valley Area, the CPA comprises
approximately 327.65 acres while the zone change is approximately 2,717.76 acres. The area
associated with the CPA is an expansion of a previously approved CPA (CPA2020002) and is
internal to the area of the zone change.
2.
The area of the zone change is comprised of thirty-two (32) privately-owned, contiguous parcels
(or a portion thereof) located in the Harquahala Valley. The valley is situated in between the
Eagletail Mountain Wilderness area to the west and Saddle Mountain to the east. Ten (10) of the
parcels comprise the area of the CPA request. Parcels adjacent to the site are primarily under
private ownership except for a portion of land owned by the Flood Control District of Maricopa
County and some land owned by the Arizona State Land Department. The applicant’s narrative
does not specify whether site control options are secured for all of the parcels. There are three
rural residential subdivisions abutting the site including Big Horn Farms, Harquahala Springs and
the Kruse-Webb Tract. There is also an irrigation subdivision (Harquahala Acres) abutting the
site. There are six (6) parcels internal to the site that will remain under private ownership, five of
which are vacant. The sixth parcel is occupied by a private single-family residence. The
remainder of the abutting parcels are either vacant or used for agricultural purposes.
3.
Nearly all land used for solar energy projects are developed with the large fields of solar collectors
that capture the energy through photovoltaic technology. The topography is flat which allows for
development of solar energy with little or no additional grading. The site includes vacant, native
desert land and some large agricultural parcels utilized for row crops. Some washes are also
present throughout the site and the Centennial Wash abuts the site to the south. In addition, the
general area contains significant local electrical infrastructure including the Harquahala
Generating Facility and the APS Delaney Substation. The project will interconnect from the
development’s substation to the grid at APS Delaney. Several transmission towers are expected
to develop for this purpose and subsequently transfer the energy generated between the grid and
California.
4.
The applicant included a Plan of Development (POD) with the zone change application and is
requesting legislative approval of the POD. Based upon the POD, the developer is expected to
develop a project substation, BESS yard, solar panels and various inverters throughout the site.
The project substation and BESS yard are located to the south of the site along the Centennial
Wash. According to the POD, the BESS units will be setback 150’ from the property boundaries
and 100’ from other site infrastructure for access and fire safety. The applicant will be working
with the County and the area fire marshal on an Emergency Response Plan as part of construction
permitting. Site screening includes a minimum 6’ chain-link fence around the perimeter of the site
topped with an additional 1’ of barbed wire. Security lighting will be shielded and directed
downward in compliance with Section 1112 of the Maricopa County Zoning Ordinance (MCZO)
and the Dark Sky Ordinance.
5.
Construction is proposed to begin at the end of 2023. The construction period is expected to
employ between approximately 250 to 400 employees. Up to twenty (20) seasonal employees
will be hired for routine maintenance activities, equipment repair and equipment replacement.
CPA2022015 & Z2022214
Page 3 of 18
Solar generation activities will generally occur between sunrise and sunset with other activities
such as battery storage occurring 24 hours a day.
6.
Primary access is available to the site from Harquahala Valley Road. An alternative access point
will be available taking Salome Highway southeasterly from I-10 to Courthouse Road west. There
are also a number of additional access points internal to the site proposed.
7.
The narrative provided for CPA2022015 asserts that the proposed development meets the
Comprehensive Plan Amendment criteria in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is
not solely for the good or benefit of a particular landowner or owners at a particular point in time.
The narrative states that Harquahala Sun II is an improvement to the Comprehensive Plan due to
the benefits to the state, county, local and regional economy. According to the narrative, a future
solar and battery storage development will provide employment for approximately 250-400
construction employees per construction phase. The site is also expected to have 15 part-time
seasonal employees and 20 part-time employees for equipment repair and replacement. The
applicant will make efforts to hire individuals from the local area and region. The applicant’s
narrative references APS’s request for proposals to supply renewable energy to APS customers
within the regional grid to meet Arizona’s Renewable Portfolio Standard which includes standards
for investor-owned utilities at 45% by 2030 and 100% by 2050. Additionally, there will be little
transportation infrastructure or water resources required to serve the site. Therefore, the
amendment constitutes an overall improvement to the Vision 2030 Maricopa County
Comprehensive Plan and is not solely for the good or benefit of a particular landowner/owners at
a particular point in time.
Whether the amendment will adversely impact all or a portion of the planning area.
A.
Altering acceptable land use patterns to the detriment to the plan.
According to the narrative, the amendment will not alter any surrounding land uses or land
use patterns. The land is currently vacant or agricultural. While this land will be
unavailable during the life of the project, the land can return to its agricultural function
when the project ceases. Moreover, this site is situated in the vicinity of other utility uses
in Maricopa County and comprises a key use-sector of unincorporated Maricopa County
including utilities (solar and electric generating stations), agriculture and rural-residential.
B.
Requiring public expenditures for larger and more expensive public improvements to roads,
sewer, or water systems that are needed to support planned land uses.
The narrative states that the proposed land use designation of utilities would not require
public expenditures for larger or more expensive infrastructure. The costs of the project’s
infrastructure needs shall be borne by the developer.
C.
Requiring public improvements to roads, sewer, or water systems that are needed to
support planned land uses.
The narrative states that costs of public improvements to roads, sewer or water systems
needed to support the project shall be borne by the developer. Water is expected to either
be available from an on-site well, a shared well or hauled from the Harquahala Valley
CPA2022015 & Z2022214
Page 4 of 18
Irrigation District. Any costs associated with wet or dry transmission lines or treatment
of water and wastewater shall be borne by the developer.
D.
Adversely impacting planned uses because of increased traffic.
The narrative indicates there would be increased traffic during the construction phases
for the delivery of equipment / supplies and the commuting of the construction work force,
but there would be no significant increase in traffic during the operational life of the
project following the construction phase. Access to existing uses within and around the
site area would remain open to owners. A traffic statement is provided with the Plan of
Development.
E.
Affecting the livability of the area or the health or safety of present and future residents.
During the construction period, dust control measures shall be utilized to minimize fugitive
dust generation including proper grading and erosion control. Additionally, the project will
follow federal, state and local regulations regarding the production, use, storage, transport
or disposal of hazardous materials, but the construction or operation is not expected to
include hazardous activities, materials, processes or outputs. Wildfire prevention and
mitigation measures will be incorporated at the time of permitting. Fire hazard risks will
be controlled through weed control and safe distancing of BESS structures from other
structures on site. Therefore, the project will not affect the livability of the area or health
or safety of present and future residents.
F.
Adversely impacting the natural environment or scenic quality of the area in contradiction
of the plan.
The applicant states that the project will not significantly impact the natural environment
or overall scenic quality of the area. There are key measures of responsibility that
demonstrate an applicant’s commitment to avoiding adverse impacts to the natural
environment and scenic quality of a site. These measures are subjective in a sense, but
may include animals, plants, historical resources, scenic views and hydrology/ground
disturbance.
Animals
The applicant performed a preliminary site investigation to identify habitats for creatures.
The Arizona Game and Fish Department (AZGFD) has commented on the proposed
project regarding measures to protect wildlife encountered on the site such as the
Sonoran Desert Tortoise, Kit Fox, Western Burrowing Owl, LeConte’s Thrasher, Bendire’s
Thrasher, Bald Eagle and Golden Eagle, among others. Satisfaction of those comments
will be required at the time of construction permitting; however, the applicant notes that
they will adhere to APLIC standards, conduct a burrowing owl survey, preserve drainage
ways and wildlife corridors, and utilize best practices for avian safety. The applicant
demonstrated some coordination with AZGFD.
Plants
The applicant will salvage or dispose of protected native plants in accordance with AAC
Title 3, Chapter 3, Article 11.
CPA2022015 & Z2022214
Page 5 of 18
Historical Resources
The applicant indicated that they performed a preliminary site inspection to identify
cultural resources, but did not perform a survey. AZSHPO did comment on the proposal
and is requiring a Class II Cultural Resources Survey for the entire site. Satisfaction of
SHPO comments is only required at the time of construction permitting. Development will
avoid any known archeological sites and any discovery of human remains or funerary
objects will be reported to the Director of the Arizona State Museum upon discovery per
state law.
Scenic Views
The narrative indicates that the height of panels and any screening from residential will
not obscure scenic views. The applicant noted that screening from residential will be
required to minimize the visual impact of the solar panels on residence owners.
Hydrology/Ground Disturbance
The applicant does not address hydrology in detail in the narrative. For ground
disturbance, it is not expected that major road or transportation network improvements
will be required. Additionally, the applicant will implement dust mitigation, erosion control
BMPs and select soil stabilization/enhancement where existing erosion is encountered.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The applicant’s narrative states that the request is consistent with the overall intent of the
Comprehensive Plan by addressing the Strategic Priorities for Maricopa County such as
protecting public health and safety, promoting stable economic growth, maintaining a healthy
environment, providing adequate community services and ensuring tax money is spent efficiently.
The applicant argues that the consistency to the intent is found within the request’s consistency
to the specific goals and policies each addressing the county’s quality of life. Staff does not share
the argument that consistency to the specific goals and policies indicates outright consistency
to the intent of the Plan; however, it would be likely that a proposal does if it is overwhelmingly
consistent. The applicant argues that the consistency to the intent is found within the request’s
consistency to the County’s core principles by providing fiscally responsible alternative energy
services and effective and efficient infrastructure to implement delivery of services that help
promote and contribute to a healthy community that residents can enjoy. Staff feels that this
statement supports a component of the mission of the Plan which is providing responsible,
necessary public services so that residents can enjoy living in a healthy and safe community.
The extent to which the amendment is consistent with the specific goals and policies contained
within the plan.
The applicant’s narrative contains a substantial list of Goals and Policies from the Vision 2030
Maricopa County Comprehensive Plan. This staff report identifies which Goals and Policies the
applicant’s narrative addressed.
Vision 2030 Maricopa County Comprehensive Plan
Land Use Element – Goal 3, Policy 7, Policy 20, Policy 22
Transportation Element – Goal 1, Goal 2, Goal 3, Policy 11, Policy 12
Environment Element – Goal 1, Policy 2, Policy 3, Policy 4, Policy 5
CPA2022015 & Z2022214
Page 6 of 18
Economic Growth Element – Goal 1, Policy 5, Policy 10
Growth Area Element – Goal 1, Policy 1
Open Space Element – Goal 1
Water Resources Element –Goal 4, Policy 2, Policy 4, Policy 5, Policy 7
Energy Element – Goal 1, Goal 2, Policy 6
Cost of Development Element – Goal 2, Policy 2
Exhibit 1 – Land Use Exhibit
CPA2022015 & Z2022214
Page 7 of 18
8.
The subject properties are currently zoned Rural-43 and C-2. The applicant is proposing to vary
the development standards of the IND-2 zoning district. The existing standards for the IND-2
zoning district and proposed IND-2 IUPD zoning district are listed below (items in bold are
proposed to deviate from the base zoning district standards):
REGULATION
BASE ZONING DISTRICT
REGULATIONS (IND-2)
PROPOSED ZONING REGULATIONS
(IND-2 IUPD)
Max. Height
40’
40’
Max. Electric
Transmission Line Height
120’
140’
Min. Front Yard
10’ – 25’
10’ – 25’
Min. Side Yard
3’ - 10’
3’ – 10’
Min. Rear Yard
25’
25’
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
Parking Spaces Required
1 per 600 sq. ft. of floor area with 5%
required to be ADA
None required
Pavement
Minimum asphalt millings bound with a
liquid binding emulsifier required for all
parking spaces
Pavement not required for parking
spaces with an approved dust control
plan by Maricopa County Air Quality
Control
Loading & Unloading
Spaces
Article 1103.2 One loading and
unloading space for each 10,000 sq. ft.
of floor area, or fraction thereof,
devoted to such use in the building
None required
Landscaping
Article 901.4.1: All properties abutting a
public street shall have an open
setback area which shall be
landscaped
extending for the full width of the
property
No landscape strip required
Screening
A solid masonry wall not less than six
feet in height shall be required along
and adjacent to any side or rear
property line abutting any rural or
residential zone boundary, or any alley
abutting such zone boundary. Further,
any access gates shall be constructed
of view-obscuring material to provide
effective site screening
Min. 6’ chain-link fence required along
perimeter of site; fence shall be setback
a min. of 10’ from the property
boundaries of any abutting rural or
residential zoned property boundaries
internal to the area of the zone change
Sight Visibility Triangles
Required
No SVT’s at project site entry/exit
points, section line, and midsection line
intersecting alignments
Article 902.9.1
All uses except for parking, loading,
unloading or storage shall be
conducted within a completely
enclosed building
All utility uses permitted outdoors,
except that inverters and transformers
shall be setback 300’ from existing
residences; other outdoor private
infrastructure shall be set back a min. of
10’ from the fence line located within
10’ any abutting rural or residential
zoned property boundaries internal to
the area of the zone change
CPA2022015 & Z2022214
Page 8 of 18
9.
The applicant is requesting to vary the parking, pavement, loading/unloading, landscaping, sight
visibility triangle, site enclosure, screening and transmission tower height requirements. With
some variation, the proposed standards are consistent with other similar utility-scale solar
facilities in this area of the County.
10.
The applicant is requesting to waive landscaping requirements in order to preserve existing
natural desert vegetation. For screening, the applicant has proposed chain-link fencing in lieu of
a 6’ CMU wall abutting rural zoning. As part of public participation, the applicant made additional
guarantees associated with where the fence line is set back from existing residences.
Additionally, the applicant is requesting that site uses be permitted outside of an enclosed
building as the nature of the use (solar panels) requires the use to be conducted outdoors to
generate energy. As part of public participation, the applicant requested that staff require an
additional setback of 300’ for inverters and transformers from existing residences and special
setback for outdoor site infrastructure 10’ from the fence line located near rural or residential
zoned property boundaries internal to the site.
11.
The applicant is also requesting to vary the required site visibility triangles at all project site
entry/exit points, section line, and mid-section line intersecting alignments. The MCZO specifies
that 25’x25’ sight visibility triangles are to be provided at the property line where all access points
are present and at the corner of properties with an intersection. Sight visibility triangles are
unnecessary at alignments internal to the site. Additionally, proposed fencing at the intersecting
alignments and driveways will not include slats and thus visibility will not be obstructed. Also,
the applicant requested that there be no parking or loading spaces and that pavement for parking
spaces be waived with an approved dust control plan from Maricopa County Air Quality Control
as no regularly occupied buildings will be placed on site.
12.
There is also a request to vary the standard for electric transmission line height from 120’ to 140’.
This is requested because a new gen-tie route is required for the project. While the majority of
the gen-tie route is located outside of the proposed site boundaries, the applicant notes in their
narrative a portion is still connected to the substation. The applicant states that if the
transmission line height were limited to 120’ that less spacing between poles and additional poles
would be required.
CPA2022015 & Z2022214
Page 9 of 18
Exhibit 2 – Site Plan Excerpt
Exhibit 3 – 2023 Aerial Map*
*Zone Change Area Inclusive of CPA2022015
CPA2022015 & Z2022214
Page 10 of 18
Exhibit 3 – Rural-43 & C-2 Zoning Districts & Surrounding Districts (Zone Change & CPA)*
*Not A Part & CPA Areas shown are zoned Rural-43
Exhibit 4 – Rural-43 & C-2 Zoning Districts & Surrounding Districts (Zone Change Only)*
*Not A Part shown are zoned Rural-43
CPA2022015 & Z2022214
Page 11 of 18
Existing On-Site and Adjacent Zoning / Land Use:
13.
On-site:
Rural-43 & C-2 / Agricultural, Vacant
North:
Rural-43 / Agricultural & Rural Residential
South:
Rural-43 / Agricultural, Vacant & Rural Residential
East:
Rural-43 & IND-2 IUPD/ Agricultural, Vacant & Rural Residential
West:
Rural-43 & C-2 / Agricultural, Vacant, Commercial & Rural Residential
Utilities and Services:
14.
Water:
Hauled & Well
Wastewater:
Septic
Electric:
APS
School Districts:
Arlington Elementary School District #47
Buckeye Union High School District #1
Fire:
Harquahala Valley Fire District
Police:
Maricopa County Sheriffs Office (MCSO)
Right-of-Way:
15.
The following table includes existing and future right-of-way** and the future classification based
upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes
Plan.
Street Name
Existing R/W (Half-Width)
Future R/W (Full)
Existing Classification
Van Buren St.
N/A
N/A
Private*
Broadway Rd.
N/A
N/A
Private*
Webb St.
N/A
N/A
Private*
Lincoln St.
N/A
N/A
Private*
Sherman St.
N/A
N/A
Private*
Tonto St.
N/A
N/A
Private*
Courthouse Rd.
55’
130’
Minor Arterial
Elwood St.
Varies
130’
Minor Arterial
Harquahala Valley
Rd.
40’ – 55’ (Varies)
130’
Minor Arterial
499th Ave.
Varies
130’
Minor Arterial
Lower Buckeye Rd.
40’ (Varies)
80’
Major Collector
507th Ave.
65’
80’
Major Collector
Buckeye Rd.
33’
80’
Minor Collector
Huisman St.
Varies
50’
Local
*Private streets will not be accepted by MCDOT into the public system.
**Right-of-way dedications and preservations will be addressed at the time of construction permitting.
Adopted Plan:
16.
Vision 2030 Maricopa County Comprehensive Plan: The land use on approx. 327.65 acres of the
site is designated as Rural Development Area (0-1 d.u./ac.). The Rural Development Area land
use designation encourages low-density rural residential and agricultural uses. The remainder of
the site is designated as Utilities (per CPA2020002). The Utilities designation is for electric
generating plants, water, and wastewater treatment facilities, associated offices and accessory
equipment. Under a Utilities designation, the appropriate zoning district is IND-2.
CPA2022015 & Z2022214
Page 12 of 18
Public Participation Summary:
17.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification by first class mail to adjacent property owners within 300’ of
the subject parcel and interested parties. The applicant submitted a Public Participation Results
Report.
18.
According to the Public Participation Results Report submitted by the applicant, the applicant did
not conduct a public meeting; however, the applicant is free to conduct public participation as the
applicant desires outside of the minimum required by County or State law. Staff prefers that a
public meeting be held for large sites such as these and notes that a separate applicant
conducted a public meeting during the original CPA case (CPA2020002) associated with a large
portion of this site.
19.
ADOT Southwest District submitted comments requesting that the developer improve the
intersection of Salome Highway and the Frontage Road for Harquahala Valley Road south of the
eastbound off and on ramps within ADOT right-of-way by placing paved shoulders. ADOT also
requested that the top 2’ of road be replaced and that the road be restriped in the same location.
ADOT ROW Project Management had not comments.
20.
The Arizona Game and Fish Department (AZGFD) submitted several comments related to
protection of local species to be addressed at the time of construction permitting. The Arizona
State Historic Preservation Office (AZSHPO) also submitted comments requesting a Class III
cultural resource survey to be conducted on the entire site. While this was requested at the time
of the zone change and plan of development, the cultural resource survey is something that is
traditionally submitted after the zone change and plan of development at the time of construction
permitting. AZSHPO revised their request upon negotiation with the applicant to a Class II survey.
21.
Luke Air Force Base (LAFB) submitted comments stating that the applicant understands this
project is located underneath military training routes (MTRs) and that the applicant route their
plans through the Informal Review DOD Siting Clearinghouse process. Staff is requiring LAFB’s
subsequent approval of the site at the time of construction permitting. The applicant has initiated
the informal review process.
22.
There is one individual in opposition to the proposed CPA and zone change. Staff received a letter
from a local landowner, Mr. Matthew Bates, whose property is completely surrounded by the
development. Mr. Bates stated in the letter that he has concerns about noise, light, power line
placement and the rural character of the area. Specifically, he requested a number of
development conditions to be applied to the development, some of which are enforceable and
others of which are not such as noise (MCSO enforces noise concerns) or the placement of power
lines outside of the area of the site (Arizona Corporation Commission is the regulating authority).
Staff forwarded the letter to the applicant for response and spoke with the concerned citizen
about their requests to clarify what was being requested. The applicant substantially responded
to these concerns by agreeing to condition the development to exclude privacy features such as
slates in favor of utilizing chain-link (open-view) fencing with barbed wire, setbacks for fencing
from rural/residential property lines and setbacks for infrastructure from said fencing. The
applicant also agreed to include an exclusion area of 1-acre east of the landowner’s parcel and
to preserve two palm trees south of the landowner’s parcel (one of the trees is home to an owl’s
nest). The applicant agreed to notify rural/residential landowners of traffic disruption to internal
easements, to provide appropriate detours for these landowners, to repair access if damage is
CPA2022015 & Z2022214
Page 13 of 18
caused by construction traffic and to abate dust during construction. Lastly, the applicant stated
they would not locate inverters or transformers within 300’ of existing residences and that lighting
would be compliant with the Dark Sky Ordinance (incorporated as Chapter 11 – Article 1112 of
the MCZO).
23.
Staff has not received any other letters or other communications in support or opposition.
Outstanding Concerns from Reviewing Agencies
24.
N/A
Staff Analysis:
25.
Staff supports the requests for a Comprehensive Plan Amendment and Zone Change. The state
and Maricopa County recognize the potential environmental and economic benefits that solar
technology can provide. Harquahala Sun II will use photovoltaic technology that generates energy
from sun absorption. Photovoltaic technology differs from other techniques that required vast
amounts of water to cool the units. In contrast, very little water is utilized for photovoltaic
technology. As a result, this development would not pose a threat to groundwater depletion. The
battery storage component associated with this proposal assists with additional production and
any concerns associated with fire will be resolved prior to any construction permit issuance.
26.
Staff believes the proposed solar facility is well suited to this rural area. Solar facilities require
large amounts of relatively flat land, and the vast majority of the subject site is flat. Staff agrees
with the applicant that the subject site is suitable due to relative proximity to electrical
transmission lines, nearby stations and substations, and because the surrounding area is
undeveloped. Staff agrees with the applicant that the project will not detrimentally affect the
visual quality of the area. Since the area is primarily undeveloped vacant land in near proximity
to other existing utility-scale solar projects, staff believes there will be minimal impacts to the
surrounding area.
27.
The development of solar energy over the past several years in Maricopa County reinforces the
County’s interest in promoting the County as an economic leader for solar development. Staff
believes that Harquahala Sun II would add to this effort in a positive way by providing the potential
for 250 to 400 temporary construction jobs and 20 seasonal operation/maintenance jobs.
28.
Staff believes Harquahala Sun II is consistent with and meets the goals and policies of the
Comprehensive Plan. Staff’s position is that this project, as proposed and as governed by the
recommended conditions, represent proper long-term land use planning in the region and for
Maricopa County as a whole.
29.
The request for a zone change is consistent with the existing and proposed land use of Utilities
in the Vision 2030 Maricopa County Comprehensive Plan. Staff believes that the variations
requested to the development standards for transmission tower height, parking spaces,
pavement, sight visibility triangles, loading spaces, outdoor uses, screening and landscaping are
appropriate to the development. Uses permitted under the zone change will be limited to utilities,
existing agricultural uses and accessory uses.
30.
Staff routed this proposal to LAFB twice and received comments requesting that the applicant
undergo informal review through the DOD Clearinghouse process. Staff notes that the applicant
did initiate an informal review process through the DOD Clearinghouse process. As the IUPD
CPA2022015 & Z2022214
Page 14 of 18
overlay allows for Staff to propose conditions related to the development of the site, Staff is
proposing to require that the applicant submit and receive approval the site plan from LAFB, and
that the applicant may submit a revised site plan for administrative approval if required by LAFB.
31.
Staff is including a condition that requires the applicant to address comments to the satisfaction
of AZGFD at the time of construction permitting and to submit a cultural resources survey to
AZSHPO at the time of construction permitting in accordance with AZSHPO’s comments. Staff
notes that other solar developments have been required to address these issues at that time as
well, and that for consistency Staff is requiring the same.
32.
Staff is also including a condition related to decommissioning the site due to concerns about end-
of-cycle removal. The decommissioning condition basically requires that the landowner(s) be
made aware of the responsibility for the removal of the structures from above and below the
ground once the solar farm has ceased operating permanently and for the restoration of the site.
33.
Staff believes that the applicant appropriately addressed neighboring landowner concerns with
the development by agreeing to a number of conditions buffering the development from
neighboring landowners and communicating with landowners about traffic impacts during
construction. The concessions offered forth will help the neighboring landowners live in harmony
with the development.
Recommendations (Two Motions – CPA2022015 & Z2022214):
34.
For the reasons outlined in this report, staff recommends the Commission adopt a motion that
the Board of Supervisors Approve CPA2022015.
35.
For the reasons outlined in this report, staff recommends the Commission adopt a motion that
the Board of Supervisors Approve Z2022214, subject to conditions ‘a’ – ‘u’:
a.
Development of the site shall be in substantial conformance with the Legal Description
entitled “Legal Description”, consisting of 4 pages, stamped received February 23, 2023,
except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Harquahala Sun II Site Plan” consisting of 17 full-size sheets, dated April 11, 2023, and
stamped received April 11, 2023, except as modified by the following conditions. The Plan
of Development may be amended administratively under 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.
c.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Harquahala Sun II”, consisting of 13 pages, dated March 3, 2023, and stamped
received March 21, 2023, except as modified by the following conditions.
d.
The following IND-2 IUPD Zoning District standards shall apply:
1.
Max. Electric Transmission Line Height: 140’
2.
Parking Spaces Required: None required
CPA2022015 & Z2022214
Page 15 of 18
3.
Pavement: Pavement not required for parking spaces with an approved dust
control plan by Maricopa County Air Quality Control
4.
Loading and Unloading Spaces: No loading and unloading spaces required
5.
Landscaping: No landscaping setback required
6.
Screening: Min. 6’ chain-link fence required along perimeter of site; fence shall be
setback a min. of 10’ from the property boundaries of any abutting rural or
residential zoned property boundaries internal to the area of the zone change
7.
Sight Visibility Triangles (SVT): SVT’s waived at project site entry/exit points,
section line and midsection line intersecting alignments
8.
Article 902.9.1: All utility uses permitted outdoors, except that inverters and
transformers shall be setback 300’ from existing residences; other outdoor
private infrastructure shall be set back a min. of 10’ from the fenceline located
within 10’ any abutting rural or residential zoned property boundaries internal to
the area of the zone change
e.
The following Planning Engineering conditions shall apply:
1.
On-site retention basins must be designed to contain overflows/spillways
designed to accommodate the unattenuated peak 100 year inflow to each
respective basin, inclusive of offsite flows.
2.
Detailed grading and drainage plans must be submitted with building permit
application(s) indicating that runoff from each solar field area will be directed to a
retention basin.
3.
Any reduction in the 100 year, 2hr. retention volume requirement will require
approval of a Drainage Waiver. The waiver application is a separate application
and must demonstrate that there will be no increase in runoff from the site as a
result of the proposed development. At a minimum, the first flush volume of runoff
must be retained. The Drainage Waiver is a separate application must be approved
prior to issuance of building permit(s).
4.
Existing contour lines must be annotated on the plans submitted for building
permit(s).
5.
Any buildings located in a floodplain must be elevated to the RFE or otherwise
floodproofed.
6.
Disturbance to floodplains will require a floodplain use permit (issued concurrent
with building permit(s) by PND).retention basins shall drain within 36 hours per
County requirements.
7.
The gen-tie line will require an FCD issued R/W permit where it crosses FCD
encumbered properties (i.e. Saddleback FRS/Diversion Channel), prior to issuance
of a building permit(s) involving this work.
8.
Preservation of R/W is required as shown on the approved plans.
9.
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;
CPA2022015 & Z2022214
Page 16 of 18
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
10.
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 or BESS may be
necessitated by the final engineering design of the site’s drainage infrastructure.
f.
The IUPD overlay is applied to restrict the use of the site. IND-2 IUPD shall limit the use of
the site exclusively to a solar electric generating facility including ancillary offices,
ancillary uses and existing agricultural uses. Any other site uses shall require a Zone
Change Major Amendment.
g.
The Owner or Developer shall implement the construction best practices as guaranteed in
the e-mail communication between Arizona Game and Fish Department (AZGFD) and
Copia Power on February 6, 2023. The Zoning Inspector and/or their designee shall review
whether these best practices are being implemented in accordance with the e-mail
following the issuance of relevant permits and periodically as needed through either the
inspection process or communication with AZGFD. Should the Zoning Inspector and/or
their designee decide that the Owner or Developer has not substantially undertaken these
best practices in good faith, the Owner or Developer shall not receive a final permit and
certificate of occupancy until the best practices are implemented.
h.
The Developer shall conduct a Class II Cultural Resources Survey as per the comments
from the Arizona State Historic Preservation Office (AZSHPO) included in the e-mail dated
April 11, 2023 prior to issuance of construction permits unless otherwise coordinated with
AZSHPO. Prior to the Cultural Resources Survey, the Developer shall send a map and
sampling strategy to AZSHPO for approval. Additionally, the Cultural Resources Survey
shall include 100 percent survey coverage in and around washes including Centennial
Wash and its tributaries as depicted on historical topographical maps and historic aerial
imagery. The remainder of the site shall be sample surveyed using larger transect spaces
as necessary and smaller transect widths where cultural resources have been identified
in sample areas.
i.
Development of APN#506-29-025A for utilities uses shall void the Agricultural Exemption
on the parcel.
j.
The Plan of Development shall maintain and illustrate an approximately one (1) acre
development exclusion area directly east of the boundaries of APN#506-29-031C
approximately 140’ running from north to south and approximately 330’ running from east
to west.
k.
The developer shall provide at least five-days notice to rural or residential zoned privately-
owned parcels internal to the area of the zone change of heavy construction traffic and
disruption beyond incidental disruption to any easement providing those owners with
direct access to their properties. An appropriate detour shall be provided to these owners.
l.
The developer shall reasonably repair any damage to easements that provide direct
access to rural or residential zoned privately-owned parcels internal to the area of the zone
change upon completion of use of the easements for heavy construction traffic and shall
abate dust during the construction. If use of the easements is intermittent, then
CPA2022015 & Z2022214
Page 17 of 18
easements shall be repaired following the cessation of the period in which the
construction traffic is occurring.
m.
Two palm trees located south of the boundaries of APN#506-29-031C as illustrated on
the Plan of Development shall be left untouched from site development.
n.
At the time of application for building permits, plans shall indicate construction of paved
shoulders along the intersection of and extend through Salome Hwy and the frontage road
(Harquahala Valley Road) south of eastbound ramps within ADOT ROW. Work shall also
include replacement of the top 2" of the roadway surface and re-striping at this location.
Work within ADOT right-of-way shall require a permit from ADOT. Timing of improvements
shall be coordinated with ADOT prior to the start of work and the extent of the work shall
be limited to the illustration in the e-mail dated Thursday, March 30, 2023 between Kimley-
Horn and ADOT.
o.
All outdoor lighting shall be in compliance with Section 1112 of the Maricopa County
Zoning Ordinance.
p.
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.
q.
In the event that Harquahala Sun II, in whole or in part, is constructed and ceases operating
for a period of five years or more, the Owner shall be responsible for decommissioning
the non-operating portion of the site and for the regrading and restoration of the site.
Decommissioning of the site shall include the removal of all structures above and under
the ground (up to 3 feet) that are not a part of, or provide utility to, other operating portions
of the site. The Owner shall be responsible for reporting any areas decommissioned to
Staff and either converting the site to other uses permitted in condition ‘f’ of Z2022214 or
otherwise Staff may present the CPA and Zoning to the Board of Supervisors for
consideration of reversion within five years. All decommissioning and restoration
activities will adhere to the requirements of the appropriate governing authorities, and will
be in accordance with all applicable, federal, state and Maricopa County regulations.
Decommissioning removal requirements may also be amended and amount of time to
decommission extended, if warranted, by the Zoning Inspector or his or her designee. The
Owner shall inform any future buyers/property owners of this decommissioning
requirement and of their responsibility to decommission.
r.
Amendments to the zone change shall be processed as a revised application in
accordance with Maricopa County Zoning Ordinance requirements.
s.
Noncompliance with the conditions of approval will be treated as a violation in accordance
with the Maricopa County Zoning Ordinance, and may be grounds for further action,
including zoning revocation, by the Maricopa County Board of Supervisors.
t.
Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, Drainage Review
Division, Planning and Development Department, or the Flood Control District of Maricopa
CPA2022015 & Z2022214
Page 18 of 18
County may be grounds for initiating a revocation of this Zone Change as set forth in the
Maricopa County Zoning Ordinance.
u.
The granting of this Zone Change has been at the request of the applicant, with the
consent of the landowner. The granting of this approval allows the property owner to
enjoy uses in excess of those permitted by the land use existing on the date of the
application, subject to conditions. In the event of the failure to comply with any condition
of approval, the property shall change to the land use designation that existed on the date
of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due
to such revocation. The Zone Change enhances the value of the property above its value
as of the date the Zone Change is granted and changing to the prior land use designation
results in the same value of the property as if the Zone Change had never been granted.
Presented by:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (2 pages)
Land Use Exhibit (3 pages)
Legal Description (4 pages)
CPA2022015 Narrative Report (25 pages)
Z2022214 Narrative Report (13 pages)
Site Plan (17 pages)
Engineering Comments (7 pages)
MCESD Comments (3 pages)
ADOT Southwest Engineering District (10 pages)
ADOT ROW Project Management (4 pages)
AZGFD Comments (22 pages)
AZSHPO Comments (7 pages)
LAFB Comments (2 pages)
Opposition Correspondence (3 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 327.65 approx.
Generated March 30, 2023 11:23 AM
CPA2022015
Application Name:
Legal Description
Harquahala Sun II EDR
Applicant
Case Address
T01N R09W 012, T1N R08W 30, T1N R09W 11, T1N R09W 12, T1N R09W 13, T1N R09W 24, T1N R09W 25
Keith J Nichter for Kimley-Horn
Applicant Phone/Email
Parcel Primary:506-29-027G
602.313.7206
keith.nichter@kimley-horn.com
Map scale 1:43,668
Supervisor District No.
506-28-023C, 506-28-028E, 506-28-031C+
CPA GENERAL COMPREHENSIVE PLAN AMENDMENT FROM RURAL DEVELOPMENT AREA TO
UTILITIES TO ALLOW FOR A SOLAR FACILITY.
5.3585 in
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 2718 approx.
Generated March 30, 2023 11:24 AM
Z2022214
Application Name:
Legal Description
Harquahala Sun II EDR
Applicant
Case Address
T01N R08W 019, T1N R08W 07, T1N R08W 18, T1N R08W 19, T1N R08W 30, T1N R09W 01, T1N R09W 11, T1N R09W 12, T1N
Keith J Nichter for Kimley-Horn
2853 N 499TH Ave
Applicant Phone/Email
Parcel Primary:506-28-022
602.313.7206
keith.nichter@kimley-horn.com
TONOPAH AZ 85354
Map scale 1:56,742
Supervisor District No.
ZONE CHANGE WITH OVERLAY FROM RU-43 TO IND-2 IUPD TO FURTHER THE UTILITIES LAND USE
DESIGNATION TO ALLOW FOR THE DEVELOPMENT OF A PLANNED SOLAR FACILITY.
5.3585 in
550' 1,100'
2,200'
S HARQUAHALA VALLEY RD
W LOWER
BUCKEYE RD
S 507TH AVE
S HARQUAHALA VALLEY RD
W LOWER
BUCKEYE RD
S 507TH AVE
S 499TH AVE
S 499TH AVE
W BUCKEYE RD
W BUCKEYE RD
W VAN BUREN ST
W VAN BUREN ST
W BROADWAY RD
W BROADWAY RD
N
0'
HARQUAHALA SUN II
MARICOPA COUNTY, AZ
EXISTING/PROPOSED CPA LAND USE DESIGNATIONS
DRAWN BY: JBK
SCALE: APPROX.
EXISTING CPA LAND USE - RURAL DEVELOPMENT AREA
PROPOSED CPA LAND USE - UTILITIES
S HARQUAHALA VALLEY RD
W LOWER
BUCKEYE RD
S 507TH AVE
S HARQUAHALA VALLEY RD
W LOWER
BUCKEYE RD
S 507TH AVE
S 499TH AVE
S 499TH AVE
W BUCKEYE RD
W BUCKEYE RD
W VAN BUREN ST
W VAN BUREN ST
W BROADWAY RD
W BROADWAY RD
LEGEND
W COURTHOUSE RD
W COURTHOUSE RD
W COURTHOUSE RD
W COURTHOUSE RD
S 491ST AVE
S 491ST AVE
S 491ST AVE
S 491ST AVE
PROPOSED
HARQUAHALA SUN II
SOLAR SITE
(+/-2,717.76 AC.)
HARQUAHALA SUN I
(CPA2021007/
Z2021111)
MARICOPA SOLAR
(CPA2020002)
EXISTING RURAL
DEVELOPMENT AREA LAND
USE DESIGNATION
HARQUAHALA SUN II SITE
PROPOSED OVERALL SOLAR
SITE (+/-2,717.76 AC.)
EXISTING UTILITIES LAND
USE DESIGNATION
HARQUAHALA SUN II
PROPOSED CPA AREA
(+/-327.65 AC.)
LEGEND
EXISTING RURAL
DEVELOPMENT AREA LAND
USE DESIGNATION
HARQUAHALA SUN II SITE
PROPOSED OVERALL SOLAR
SITE (+/-2,717.76 AC.)
EXISTING/PROPOSED
UTILITIES LAND USE
DESIGNATION
HARQUAHALA SUN II
PROPOSED CPA AREA
(+/-327.65 AC.)
PROPOSED
HARQUAHALA SUN II
SOLAR SITE
(+/-2,717.76 AC.)
HARQUAHALA SUN I
(CPA2021007/
Z2021111)
MARICOPA SOLAR
(CPA2020002)
CPA2022015
02/21/2023
S HARQUAHALA
VALLEY RD
S 507TH AVE
S HARQUAHALA
VALLEY RD
S 507TH AVE
S 499TH AVE
S 499TH AVE
W BUCKEYE RD
W BUCKEYE RD
W VAN BUREN ST
W VAN BUREN ST
W BROADWAY RD
W BROADWAY RD
W LOWER BUCKEYE RD
W LOWER BUCKEYE RD
W COURTHOUSE RD
W COURTHOUSE RD
S 491ST AVE
S 491ST AVE
550' 1,100'
2,200'
N
0'
HARQUAHALA SUN II
MARICOPA COUNTY, AZ
EXISTING CPA LAND USE DESIGNATIONS
CPA2022015
DRAWN BY: JBK
SCALE: APPROX.
PROPOSED
HARQUAHALA SUN II
SOLAR SITE
(+/-2,717.76 AC.)
EXISTING RURAL
DEVELOPMENT AREA LAND
USE DESIGNATION
LEGEND
HARQUAHALA SUN II SITE
PROPOSED OVERALL SOLAR
SITE (+/-2,717.76 AC.)
EXISTING UTILITIES LAND
USE DESIGNATION
HARQUAHALA SUN II
PROPOSED CPA AREA
(+/-327.65 AC.)
HARQUAHALA SUN I
(CPA2021007/Z2021111)
MARICOPA SOLAR
(CPA2020002)
02/21/2023
S HARQUAHALA
VALLEY RD
S 507TH AVE
S HARQUAHALA
VALLEY RD
S 507TH AVE
S 499TH AVE
S 499TH AVE
W BUCKEYE RD
W BUCKEYE RD
W VAN BUREN ST
W VAN BUREN ST
W BROADWAY RD
W BROADWAY RD
W LOWER BUCKEYE RD
W LOWER BUCKEYE RD
W COURTHOUSE RD
W COURTHOUSE RD
S 491ST AVE
S 491ST AVE
550' 1,100'
2,200'
N
0'
HARQUAHALA SUN II
MARICOPA COUNTY, AZ
PROPOSED CPA LAND USE DESIGNATION
DRAWN BY: JBK
SCALE: APPROX.
LEGEND
EXISTING RURAL
DEVELOPMENT AREA LAND
USE DESIGNATION
HARQUAHALA SUN II SITE
PROPOSED OVERALL SOLAR
SITE (+/-2,717.76 AC.)
EXISTING/PROPOSED
UTILITIES LAND USE
DESIGNATION
HARQUAHALA SUN II
PROPOSED CPA AREA
(+/-327.65 AC.)
PROPOSED
HARQUAHALA SUN II
SOLAR SITE
(+/-2,717.76 AC.)
HARQUAHALA SUN I
(CPA2021007/Z2021111)
MARICOPA SOLAR
(CPA2020002)
CPA2022015
02/21/2023
LEGAL DESCRIPTION
A PORTION OF SECTIONS 7, 18, 19 AND 30, TOWNSHIP 1 NORTH, RANGE 8 WEST AND
PORTIONS OF SECTIONS 1, 11, 12, 13, 24 AND 25, TOWNSHIP 1 NORTH, RANGE 9 WEST
OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT PORTION OF THE NORTHEAST QUARTER AND THE SOUTHWEST QUARTER
OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 9 WEST OF THE GILA AND SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA.
SAID PARCEL 1 CONTAINS AN AREA OF 320.60 ACRES, MORE OR LESS.
TOOGETHER WITH:
PARCEL 2:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 12;
THENCE ALONG THE NORTH LINE OF SAID SECTION 12, SOUTH 89˚20’21” EAST, A
DISTANCE OF 1321.47 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00˚41’10” WEST, A DISTANCE OF 2641.81
FEET TO THE EAST–WEST MID SECTION LINE OF SAID SECTION 12;
THENCE ALONG SAID MID SECTION LINE, SOUTH 89˚20’45” EAST, A DISTANCE OF
1322.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 12;
THENCE ALONG THE EAST LINE OF SAID SECTION 12, SOUTH 00˚41’38” WEST, A
DISTANCE OF 1828.33 FEET;
THENCE LEAVING SAID EAST LINE, SOUTH 89˚24’32” EAST, A DISTANCE OF 1286.64
FEET;
THENCE SOUTH 00˚38’06” WEST, A DISTANCE OF 812.00 FEET TO THE NORTH LINE OF
SAID SECTION 18;
THENCE LEAVING SAID NORTH LINE OF SECTION 18, SOUTH 00˚40’54” WEST, A
DISTANCE OF 5282.25 FEET TO THE SOUTH LINE OF SAID SECTION 18;
THENCE LEAVING SAID SOUTH LINE, SOUTH 00˚29’12” WEST, A DISTANCE OF 2290.06
FEET;
THENCE SOUTH 89˚22’39” EAST, A DISTANCE OF 1332.90 FEET TO THE NORTH-SOUTH
MID SECTION LINE OF SAID SECTION 19;
THENCE ALONG SAID MID SECTION LINE, SOUTH 00˚39’01” WEST, A DISTANCE OF
2990.80 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 19;
THENCE ALONG THE NORTH-SOUTH MID SECTION LINE OF SAID SECTION 30, SOUTH
00˚38’28” WEST, A DISTANCE OF 1810.11 FEET;
THENCE LEAVING SAID MID SECTION LINE, NORTH 89˚19’19” WEST, A DISTANCE OF
2634.36 FEET TO THE WEST LINE OF SAID SECTION 30;
THENCE ALONG SAID WEST LINE, NORTH 00˚40’52” EAST, A DISTANCE OF 860.00 FEET;
THENCE LEAVING SAID WEST LINE, NORTH 89˚28’25” WEST, A DISTANCE OF 2638.56
FEET TO THE NORTH-SOUTH MID SECTION LINE OF SAID SECTION 25;
THENCE ALONG SAID MID SECTION LINE, NORTH 00˚43’15” EAST, A DISTANCE OF
950.16 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 25;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 24, NORTH 89˚19’25” WEST, A
DISTANCE OF 1319.89 FEET;
THENCE LEAVING SAID SOUTH LINE, NORTH 00˚22’19” EAST, A DISTANCE OF 1319.85
FEET;
THENCE NORTH 89˚09’05” WEST, A DISTANCE OF 1319.76 FEET TO THE WEST LINE OF
SAID SECTION 24;
THENCE ALONG SAID WEST LINE, NORTH 00˚37’00” EAST, A DISTANCE OF 1318.35
FEET TO THE WEST QUARTER CORNER OF SAID SECTION 24;
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00˚40’56” EAST, A DISTANCE OF
1320.02 FEET;
THENCE LEAVING SAID WEST LINE, SOUTH 89˚20’49” EAST, A DISTANCE OF 2645.39
FEET TO THE NORTH-SOUTH MID SECTION LINE OF SAID SECTION 24;
THENCE ALONG SAID MID SECTION LINE, SOUTH 00˚38’25” WEST, A DISTANCE OF
657.90 FEET;
THENCE LEAVING SAID MID SECTION LINE, SOUTH 89˚21’26” EAST, A DISTANCE OF
1320.43 FEET;
THENCE SOUTH 00˚38’34” WEST, A DISTANCE OF 660.31 FEET TO THE EAST-WEST MID
SECTION LINE OF SAID SECTION 24;
THENCE ALONG SAID MID SECTION LINE, SOUTH 89˚22’35” EAST, A DISTANCE OF
1320.40 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 24;
THENCE ALONG THE EAST LINE OF SAID SECTION 24, NORTH 00˚43’19” EAST, A
DISTANCE OF 1318.94 FEET;
THENCE LEAVING SAID EAST LINE, NORTH 89˚21’29” WEST, A DISTANCE OF 1319.96
FEET;
THENCE NORTH 00˚43’24” EAST, A DISTANCE OF 659.38 FEET;
THENCE NORTH 89˚22’06” WEST, A DISTANCE OF 1323.66 FEET TO THE NORTH-SOUTH
MID SECTION LINE OF SAID SECTION 24;
THENCE ALONG SAID MID SECTION LINE, NORTH 00˚38’25” EAST, A DISTANCE OF
660.28 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 24;
THENCE ALONG THE NORTH-SOUTH MID SECTION LINE OF SAID SECTION 13, NORTH
00˚40’22” EAST, A DISTANCE OF 1220.28 FEET;
THENCE LEAVING SAID MID SECTION LINE, NORTH 89˚21’13” WEST, A DISTANCE OF
100.00 FEET;
THENCE NORTH 00˚40’22” EAST, A DISTANCE OF 100.00 FEET;
THENCE NORTH 89˚20’56” WEST, A DISTANCE OF 2546.43 FEET TO THE WEST LINE OF
SAID SECTION 13;
THENCE ALONG SAID WEST LINE, NORTH 00˚35’42” EAST, A DISTANCE OF 1319.37
FEET TO THE WEST QUARTER CORNER OF SAID SECTION 13;
THENCE CONTINUING ALONG SAID WEST LINE, NORTH 00˚43’16” EAST, A DISTANCE OF
2641.76 FEET TO THE NORTHWEST CORNER OF SAID SECTION 13;
THENCE ALONG THE WEST LINE OF SAID SECTION 12, NORTH 00˚42’28” EAST, A
DISTANCE OF 2640.44 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 12;
THENCE LEAVING SAID WEST LINE, ALONG THE EAST-WEST MID SECTION LINE OF
SAID SECTION 11, NORTH 89˚19’57” WEST, A DISTANCE OF 2642.17 FEET TO THE
CENTER OF SAID SECTION 11;
THENCE ALONG THE NORTH-SOUTH MID SECTION LINE OF SAID SECTION 11, NORTH
00˚41’26” EAST, A DISTANCE OF 990.25 FEET;
THENCE LEAVING SAID MID SECTION LINE, NORTH 89˚20’08” WEST, A DISTANCE OF
2642.89 FEET TO THE WEST LINE OF SAID SECTION 11;
THENCE ALONG SAID WEST LINE, NORTH 00˚39’04” EAST, A DISTANCE OF 330.15 FEET;
THENCE LEAVING SAID WEST LINE, SOUTH 89˚20’08” EAST, A DISTANCE OF 55.00
FEET;
THENCE NORTH 00˚39’04” EAST, PARALLEL WITH AND 55.00 FEET EAST OF THE WEST
LINE OF SAID SECTION 11, A DISTANCE OF 1320.69 FEET TO THE NORTH LINE OF SAID
SECTION 11;
THENCE ALONG SAID NORTH LINE, SOUTH 89˚20’01” EAST, A DISTANCE OF 2589.03
FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 11;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89˚20’40” EAST, A DISTANCE
OF 2644.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 11;
THENCE ALONG THE NORTH LINE OF SAID SECTION 12, SOUTH 89˚22’15” EAST, A
DISTANCE OF 2645.64 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12;
THENCE ALONG THE NORTH-SOUTH MID SECTION LINE OF SAID SECTION 12, SOUTH
00˚41’55” WEST, A DISTANCE OF 1981.48 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID MID SECTION LINE, SOUTH 00˚41’55” WEST, A
DISTANCE OF 660.49 FEET TO THE CENTER OF SAID SECTION 12;
THENCE ALONG THE EAST-WEST MID SECTION LINE OF SAID SECTION 12, NORTH
89˚21’42” WEST, A DISTANCE OF 1323.55 FEET;
THENCE LEAVING SAID MID SECTION LINE, NORTH 00˚42’52” EAST, A DISTANCE OF
660.44 FEET;
THENCE SOUTH 89˚21’51” EAST, A DISTANCE OF 1323.37 FEET TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 13;
THENCE ALONG THE NORTH LINE OF SAID SECTION 13, SOUTH 89˚20’53” EAST, A
DISTANCE OF 700.63 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89˚20’53” EAST, A DISTANCE
OF 260.00 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00˚42’58” EAST, A DISTANCE OF 180.48
FEET;
THENCE NORTH 89˚21’53” WEST, A DISTANCE OF 260.00 FEET;
THENCE NORTH 00˚42’58” WEST, A DISTANCE OF 180.55 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL 2 CONTAINS AN AREA OF 2,397.16 ACRES, MORE OR LESS.
TOTAL COMBINED AREA FOR PARCELS 1 AND 2 IS 2,717.76 ACRES, MORE OR LESS.
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Kimley-Horn and Associates
HARQUAHALA SUN II
COMPREHENSIVE PLAN AMENDMENT
PROJECT NARRATIVE
CPA2022015
02-21-2023
Page 1
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Contents
A. EXECUTIVE SUMMARY ............................................................................................................ 2
I. ON-SITE AND REGIONAL LOCATION ................................................................................................... 2
II. CPA SIZE AND DESCRIPTION OF LAND USE TYPES BY ACREAGES.............................................. 3
II. ROADS/TRANSPORTATION SYSTEMS SERVING THE PROPOSED PROJECT ............................... 4
IV. SUITABILITY WITH SURROUNDING LAND USES................................................................................ 5
EXISTING SURROUNDING SOLAR (UTILITY) LAND USE APPROVALS ................................................. 6
B. WHETHER THE AMENDMENT CONSTITUTES AN OVERALL IMPROVEMENT TO THE
COMPREHENSIVE PLAN AND IS NOT SOLELY FOR THE GOOD OR BENEFIT OF A
PARTICULAR LANDOWNER OR OWNERS AT A PARTICULAR POINT IN TIME.................... 6
C. THE AMENDMENT WILL NOT ADVERSELY IMPACT ALL OR A PORTION OF THE PLANNING
AREA BY: .................................................................................................................................. 7
I.
ALTERING ACCEPTABLE LAND USE PATTERNS TO THE DETRIMENT OF THE PLAN. ............. 7
II.
REQUIRING
PUBLIC
EXPENDITURES
FOR
LARGER
AND
MORE
EXPENSIVE
INFRASTRUCTURE. ..................................................................................................................................... 8
II.
REQUIRING PUBLIC IMPROVEMENTS TO ROADS, SEWER, OR WATER SYSTEMS THAT ARE
NEEDED TO SUPPORT THE PLANNED LAND USES. .............................................................................. 8
IV.
ADVERSELY IMPACTING PLANNED USES BECAUSE OF INCREASED TRAFFIC. ...................... 9
V.
AFFECTING THE LIVABILITY OF THE AREA OR HEALTH OR SAFETY OF PRESENT AND
FUTURE RESIDENTS. ................................................................................................................................. 9
VI.
ADVERSELY IMPACTING THE NATURAL ENVIRONMENT OR SCENIC QUALITY OF THE AREA
IN CONTRADICTION TO THE PLAN. .......................................................................................................... 9
D. WHETHER THE AMENDMENT IS CONSISTENT WITH OVERALL INTENT OF THE
COMPREHENSIVE PLAN:....................................................................................................... 11
E. THE EXTENT TO WHICH THE AMENDMENT IS CONSISTENT WITH THE SPECIFIC GOALS
AND POLICIES CONTAINED WITHIN THE PLAN................................................................... 12
F. COMPREHENSIVE PLAN AMENDMENT MAP EXHIBIT......................................................... 21
G. COMPREHENSIVE PLAN AMENDMENT LEGAL DESCRIPTIONS EXHIBITS ....................... 22
Page 2
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
A. EXECUTIVE SUMMARY
HV Sunrise, LLC, (“Applicant”) on behalf of the three (3) property owners, CV Harquahala LLC, WPI HD3 Farm
AZ LLC, WPI II-Harq Farm AZ LLC, is requesting a Comprehensive Plan Amendment (CPA) of the Vision 2030
Comprehensive Plan to change the land use designation of a portion (±327.65 acres) of the Harquahala Sun II
Photovoltaic Solar Energy Generation and Storage Project (Project) from Rural Development Area to Utilities.
The CPA request will be accompanied by a request for approval of a Zone Change with Overlay (rezone) from
RU-43 & C-2 to IND-2 IUPD Zone for the ±2,717.76-acre Project. The majority of the site (88%) already has
the Utility land use designation as part of the Maricopa Solar major Comprehensive Plan Amendment
(CPA2020002) approved by the Board of Supervisors on December 9, 2020. This CPA will affect the land use
designation of the subject ten (10) parcels (506-28-023C, 506-28-028E, 506-28-031C, 506-28-031D, 506-29-
015B, 506-29-027D, 506-29-027G, 506-29-031E, 506-29-031G, 506-29-012A), which were not a part of this
previous approval, allowing the Applicant to construct and operate a 350-MWac hybrid solar photovoltaic (PV)
plant, battery energy storage system (BESS) and associated infrastructure.
The Project will include approximately +/-1,050,000 solar modules mounted on single axis trackers, inverters
to convert direct current into alternating current, transformers to increase the voltage of the electricity generated,
a 500 kV utility substation, BESS, and one or more small buildings to house telecommunication equipment. The
Project will interconnect to the transmission grid at the Arizona Public Service (APS) Delaney Substation. On-
site overhead electrical structures will have a 140-foot maximum height.
Off-site supporting improvements, infrastructure, and/or uses include a gen-tie route corridor that extends
through a combination of private land, land owned by Flood Control District of Maricopa County (FCDMC),
Maricopa County Department of Transportation (MCDOT), Arizona State Land Department (ASLD), and land
administered by the Bureau of Land Management (BLM). Offsite improvements will be approved via separate
applications with supporting site plan exhibits through MCDOT, FCDMC, ASLD, and BLM.
The proposed ±327.65-acre CPA request, in support of the overall ±2,717.76-acre Project, will not adversely
impact the planning area in part nor portion and is consistent with the surrounding Utility land use designations.
Approval of the proposed CPA, subsequent rezone and associated development plans for the proposed Project
will not generate undue nor unmitigated impacts to the following areas of consideration identified in the
Comprehensive Plan, which include, but are not specifically limited to: land use; public transportation system
improvements; drainage and/or stormwater management; environmental considerations (air & water quality,
potable water & wastewater treatment), areas of geologic concern, hazard, and/or significance; plant and
wildlife habitat/migration environs and/or patterns; aviation and military installation operations and flight
paths/patterns; economic growth; growth areas; open space, water resources; energy; and/or the cost of
development.
Issues relating to these are addressed by the required reports, plans, and analysis submitted in support of the
CPA and concurrent rezone application.
I. ON-SITE AND REGIONAL LOCATION
The proposed Project is located west of Saddle Mountain, east of Granite Mountain, and north and east
of the Eagle Tail Mountains in Township 1 North, Range 8 West, and Township 1 North, Range 9 West.
The site is approximately 15 miles west of Tonopah, Arizona in unincorporated Maricopa County, Arizona
with parcels lying south and west of the intersection of 499th Avenue and Courthouse Road. The overall
Project area is irregularly shaped and is generally located between the alignments of Courthouse Road
Page 3
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
on the north, Southern Avenue on the south, Harquahala Valley Road on the west line and 491st Avenue
on the east.
II. CPA SIZE AND DESCRIPTION OF LAND USE TYPES BY ACREAGES
The CPA area impacts ten (10) parcels which are held under three (3) separate ownerships. The area of
the property included in the CPA request is ±327.65 acres. The subject properties are mostly being used
for irrigated agricultural uses or are vacant. A detailed list of the parcels considered under this CPA are
listed in Appendix A.
The existing land use designation for the CPA area is Rural Development Area which is intended to
conserve and protect farms and other open land uses, foster orderly growth in rural and agricultural areas,
to prevent urban and agricultural land use conflicts, and to encourage sustainable development. The
current RU-43 zoning district is intended to have residential densities of one (1) dwelling unit per acre
(du/ac) and 0.22 du/ac. Principal permitted uses in the Rural zoning districts include both farming and
non-farming related residential uses, farms, and recreational and institutional uses. The proposed Utilities
land use and corresponding IND-2 IUPD zoning will be consistent with surrounding approvals necessary
to develop the proposed solar facility.
Page 4
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
III. ROADS/TRANSPORTATION SYSTEMS SERVING THE PROPOSED PROJECT
The roadway network serving the proposed Project from the I-10 corridor includes the I-10/Salome
Highway interchange that connects to Harquahala Valley Road. The site can also be accessed from the
east from the Salome Highway which provides access to 499th and 507th Avenues and Harquahala
Valley Road via Courthouse Rd. There are several smaller, existing roads, both named and unnamed,
that traverse the Project site, which are anticipated to be used and improved for construction and ongoing
operations of the Project. Site access will be identified with the Plan of Development. Final access
locations will be determined in accordance with access management policies and permitting requirements
of Maricopa County.
As requested by MCDOT, Harquahala Sun II will preserve a 65’ half street right-of-way for Harquahala
Valley Road and a minimum of 30’ half street(s) right-of-way for Buckeye Road. Where reasonable, the
Project will preserve section and mid-section alignments, and per Maricopa County Zoning Ordinance
Section 1105, and will provide the necessary setbacks starting from the future half street rights-of-way of
55’ and 40’ respectively. Offsite improvements and any additional right-of-way needed will be determined
by MCDOT Traffic Design and MCDOT Permits based on the submittal of a TIA/TIS. Final dedication,
preservation, alignments, terminations, and vacations of unneeded ROW will be determined in
negotiation with MCDOT.
Harquahala Sun II – Project/Zone Change Area Harquahala Sun II – CPA Area (±327.65-acres)
Page 5
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
There would be no significant increase in traffic during the operational life of the Project that would require
road improvements. There would be a relatively minor increase in the level of traffic during the phased
construction. This increased traffic is expected to be minor during single peak morning and evening hours,
primarily for the delivery of equipment and supplies and the commuting of the construction workforce. A
traffic impact study will be completed as part of the zone change process associated with the Project.
The Applicant has agreed to financial responsibility for repair of existing roads used during construction,
including bonding for such work, so that there is not public expenditure for transportation infrastructure
associated with the Project.
IV. SUITABILITY WITH SURROUNDING LAND USES
The surrounding area is characterized by active and passive agricultural land uses, natural gas-powered
electric generation facilities, solar powered electric generation facilities, and native desert lands. The
dominant private land use within the area surrounding the current CPA is for future solar generation
facilities, which occur on parcels or combinations of parcels totaling several hundred to thousands of
acres in irregular configurations. Other surrounding land uses include publicly owned and managed Local,
State, and Federal Lands. These include lands controlled by the Maricopa Flood Control District, Arizona
State Land Trust, and Bureau of Land Management. Other surrounding land uses include vacant and
active agricultural uses with limited and sparse distribution of privately owned parcels used for residential
purposes within the surrounding area. Additionally, Luke Air Force Base (LAFB) is known to have military
training routes out in this area. Under the Department of Defense (DOD) Clearinghouse process, energy
projects greater than 199’ above ground level are required to go through a Formal Review. The routes in
this area already fly over several existing 500kV lines and fly nearby several other solar projects. The
proposed gen-tie pole heights will vary slightly, but no pole height is expected to exceed 150’. Although,
the Project team will be proactive in addressing any potential concerns and will submit under the Informal
Review DOD Clearinghouse process during the zoning process.
Property owners and residents will be notified of the project and efforts will be made to identify concerns
over visual impacts and incorporate effective mitigation and screening of the site against any residential
boundaries.
Considerations for buffering and screening of the Project and mitigation of visual impacts during
construction and operational activities. Screening and mitigation of visual impacts will be addressed in
greater detail at the rezone and plan of development submittals.
Site parcels will be enclosed by perimeter security fencing located along each phase project boundaries
and adjacent rights of way. No fencing will impede or otherwise enclose existing roads within the project
boundaries.
Harquahala Sun II looks to expand upon the upcoming improvements to be constructed as a part of the
recently approved Harquahala Sun CPA (CPA2021007) and Zone Change with a Plan of Development
(Z2021111). Additionally, the proposed Utility land use contemplated by the Harquahala Sun II CPA is
compatible with other similar approved and implemented solar Projects within the general area.
Associated facilities within this area include approved CPA’s for Utility (solar) land uses, PV solar
generation facilities, utility corridors, transmission lines and a utility substation. Many of the surrounding
Page 6
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
and on-site parcels have been subject to previous CPA approvals, by the BOS, including the Maricopa
Solar & Storage Project (CPA2020002), Other nearby projects are as follows:
EXISTING SURROUNDING SOLAR (UTILITY) LAND USE APPROVALS
Project
Location (Township/Range)
Maricopa Solar and Storage Project
T1N R8W; T1N R9W; T2N R8W; T2N R9W
Harquahala Sun
T1N R9W
Saddle Mountain Solar
T1N R9W
Eagletail Solar Farm
T1S R9W
Almeria Solar
T2N R8W
Sun Valley North
T2N R8W
Sun Valley South
T2N R8W
Areva Solar AZ II
T2N R7W
Papago Solar
T2N R8W
Tonopah Photovoltaic
T2N R8W
B. WHETHER THE AMENDMENT CONSTITUTES AN OVERALL IMPROVEMENT TO THE
COMPREHENSIVE PLAN AND IS NOT SOLELY FOR THE GOOD OR BENEFIT OF A
PARTICULAR LANDOWNER OR OWNERS AT A PARTICULAR POINT IN TIME.
Per the Vision 2030 Maricopa County Comprehensive Plan (2016), Comprehensive Plan Amendments should
improve the county’s overall condition and not undermine the plan’s core principles. The Plan recognizes the
need to redesignate land uses in response to changing market conditions and to address the increasing
demands of growth to the public infrastructure needs, specifically energy generation and consumption demands
within the local economy.
As stated, and reinforced in the Plan, the supply of energy is essential to the region’s transportation and
manufacturing sectors. Energy resources significantly impact economic development by contributing to the
region’s overall attractivity on basic and corresponding non-basic employment, primary and secondary
employment sectors and markets, and research and development within existing and emerging markets and
industries. Additionally, energy availability and even surplus opportunities function as an incubator for
innovations within all segments of the local, regional, and state economy.
The Project is anticipated to be developed in multiple phases and will generate approximately 250-400 jobs in
the construction, contracting, administrative, and project management fields during the construction and
implementation of each Project phase. Operation of the site will employ zero full-time employees daily. Routine
maintenance activities will require up to 15 part-time or seasonal employees and up to 20 employees for
equipment repair and replacement as needed per phase. In addition to providing in state construction jobs and
long-term technical careers, local projects like Harquahala Sun II will help contribute to the regional economy
by providing tax revenue and by using local engineering and development contractors in Maricopa County. The
Project could enter construction as early as 2023 and is expected to be operational in 2024.
Harquahala Sun II supports the county and greater region within the state by providing additional renewable
energy resources, battery storage for local energy reliability and resiliency. The location and surrounding utility
land uses minimize impacts to neighbors and lessen the impact to the environment based on proximity to the
Page 7
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
APS Delaney Substation by minimizing very long electrical interconnects. The electricity generated through
these facilities would be distributed to the regional electrical grid, supplying the county, state and wider
west/southwest regions while directly benefitting Arizona corporations seeking competitively priced renewable
energy and looking to add new clean energy resources to power the record number of people and companies
moving to the state. Specifically, consistent with their 2020 Clean Energy Commitment, Arizona Public Service
Co. (APS) is looking to add additional clean energy resources to its diverse power supply and has issued a
request for proposals (RFP) to supply renewable energy, which Harquahala Sun II will respond to.
This Project is intended to promote and incentivize the production and delivery of renewable energy resources
that meet and otherwise support consumption needs of existing and emerging markets which benefit the
regional and state economies and tax bases. The availability of sustainable, renewable, and economically
efficient energy and the resulting cost savings, both immediate and over time, creates opportunity for
reinvestment of public and private capital back into the local and regional economy.
The proposed Harquahala Sun II Project is in direct support of this stated goal, the implementation of which is
evidenced by the current approved CPA and rezoning of property within the current Project vicinity for solar
Projects. The need for this Project is established by growing demand for renewable energy as evidenced by
the APS RFP and Arizona’s Renewable Portfolio Standard (RPS). RPS are policies designed to increase the
use of renewable energy sources for electricity generation. These policies require or encourage electricity
suppliers to provide their customers with a stated minimum share of electricity from eligible renewable
resources. Most states, including Arizona, have enacted their own RPS programs to diversify their energy
resources, promote domestic energy production and encourage economic development. Arizona has set their
standards for investor-owned utilities at 45% by 2030 and 100% by 2050.
Approval of the Project strengthens the overall energy production output within Maricopa County. The increased
local production over time will create energy surplus within the market resulting in a reduction of cost and
consumption by additional sectors of the local and regional economy. Project approval facilitates a larger
regional share of renewable energy generation activities within the national production mix thereby promoting
energy independence throughout related national industries and markets.
C. THE AMENDMENT WILL NOT ADVERSELY IMPACT ALL OR A PORTION OF THE
PLANNING AREA BY:
*EACH CRITERION IS ADDRESSED SEPARATELY WITH THE CRITERIA LISTED AND GENERAL
RESPONSES TO THE CRITERIA CITED AS SUBHEADINGS IN THE PROCEEDING SUBSECTIONS
BELOW:
I.
ALTERING ACCEPTABLE LAND USE PATTERNS TO THE DETRIMENT OF THE PLAN.
The proposed CPA will not alter the acceptable land use patterns in the planning area in an adverse manner
to the detriment of the plan. The proposed change in land use is consistent with existing approved utility
land use patterns and subsequent zone change requests. Previous land use approvals should not be
construed to imply future precedents, nor obligate future Board of Supervisor decisions. However, the
infrastructure investment and development within this portion of the planning area make the Project site a
more suitable and logical location for future development of solar powered generation. The single
Renewable Energy Strategy in the Plan promotes/encourages the “[attraction] of solar and other alternative
energy research and development to Maricopa County.” Approval of the CPA is consistent with this strategy
Page 8
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
and the utility pattern that has been established in the Project area by recent BOS approvals in favor of
large-scale solar powered generation facilities within this remote area.
Increasing the county’s investment (in terms of land use planning) in local solar powered generation
facilities and infrastructure has a long-term tangible impact of lowering costs of energy production, delivery,
and consumption. This goal is achieved in part by increasing local/regional energy production/generation.
The increased supply has a proportionate impact on the accessibility of the resource and encourages
integration of applied uses and transitions away from reliance on outdated and inefficient modes of energy
generation and transmission creating efficiencies in these areas. Increased supply and efficiencies will
promote increased integration into the market for various sectors of the economy (housing, manufacturing,
transportation, etc.).
The CPA to change the land use from Rural Development Area to Utilities to accommodate the proposed
solar facility is in substantial conformance with renewable energy policies identified in the Plan, addressed
in the Energy Goal and Policy Considerations in Section D of this report.
II. REQUIRING
PUBLIC
EXPENDITURES
FOR
LARGER
AND
MORE
EXPENSIVE
INFRASTRUCTURE.
Any and all expenditures for larger and more expensive infrastructure that are required as a result of the
development shall be borne by the developer. Improvements for adjacent access roads will be borne solely
at the expense of the developer proportionate to the impacts placed on the transportation network. Any
public or private electric transmission infrastructure improvement costs needed in support of the Project will
be borne solely by the developer.
III. REQUIRING PUBLIC IMPROVEMENTS TO ROADS, SEWER, OR WATER SYSTEMS THAT ARE
NEEDED TO SUPPORT THE PLANNED LAND USES.
The amendment will not adversely impact the planning area by requiring public improvements to roads,
sewer, or water system needed to support the planned land uses. The provision of these services will be
the responsibility of the developer in a manner that does not detract or negatively impact the availability,
delivery, and/or use of existing services within the planning area. All costs for public improvements or
services necessary to support the planned development will be borne solely by the developer.
Options for construction and operational water needs is currently under examination by the applicant, and
none of these options would require improvements to public water systems.
Each phase of the Project is anticipated to require approximately 210 acre-feet of water over the
construction period. This water will be sourced from an on-site well, a nearby well, or delivered from the
Harquahala Valley Irrigation District. Neither water storage tanks nor holding ponds are expected to be
needed or placed within the adjacent road ROW. During the O&M phase, up to approximately 10 acre-feet
of water would be required per year for module washing and maintenance. The Project will be consistent
with Maricopa County’s water and wastewater treatment programs during all phases of the development.
Underground wet/dry utility service or transmission lines within adjacent right-of-way will be solely at the
developer’s expense. Required on-site water and wastewater service and/or treatment for construction,
operations, and maintenance, activities will be the sole financial burden of the developer. Required services
Page 9
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
and the developer’s plan of provision will meet county and state requirements for water and on-site
wastewater disposal criteria, permitting, and monitoring standards.
IV. ADVERSELY IMPACTING PLANNED USES BECAUSE OF INCREASED TRAFFIC.
Existing and planned uses surrounding the site which are dependent on the surrounding transportation
system are not anticipated to be impacted due to increased traffic. Planned uses on-site will not be
adversely impacted due to increased traffic. Increased traffic will be limited to construction and
implementation activities associated with this Project and not from others. The Project will keep existing
access points to nearby owners open and available. It is not anticipated that surrounding approved, but not
yet implemented solar utility Projects will begin construction activities at the same time as the Harquahala
Sun II Project. During the construction minor increases are expected for each phase of Project construction;
therefore, per the MCDOT Traffic Impact Study Manual, a traffic statement will be required for each phase
of the proposed site. A traffic impact study will be provided in support of the necessary zone change and
plan of development application and review process. A traffic statement is a scaled down and simplified
version of the traffic impact study and is intended for smaller Projects that will have lesser impacts on
existing traffic as compared to the larger type of master plan developments. At that time, a clearer Projection
of traffic impacts will be available which will consider construction and operational ADT, construction haul
routes, necessary ROW dedications, and road improvements.
V. AFFECTING THE LIVABILITY OF THE AREA OR HEALTH OR SAFETY OF PRESENT AND
FUTURE RESIDENTS.
The CPA will not adversely affect the livability of the area or health or safety of present and future residents
of the area. As previously discussed, there are relatively few residences in the area. The surrounding area
has a few sparsely distributed residential land uses including residential owners & vacant lots interior to
site. Existing access to these properties will be preserved and nearby development will take into
consideration the required setbacks and screening. Site preparation, construction, or operation will not
include any hazardous activities, materials, processes, or outputs. Noise impacts would be limited
construction activities during specified construction hours. Fugitive dust control will be achieved during
construction and operational periods by implementation of proper grading and erosion control measures,
BMP’s to include appropriate dust control and mitigation of dust on unpaved roads. Standard operational
activities conform to applicable noise ordinances. Fire hazard and wildfire mitigation will be addressed with
the plan of development. Harquahala Sun II will comply with all applicable local and county fire laws and
regulations. All reasonable measures will be taken to prevent fires on the site including the control or
suppression of weeds. If necessary, all weed control would be in compliance with county regulations. The
CPA will not result in undue or unmitigated social, visual, traffic, air quality, water quality, or other impacts
which may have a disproportionate affecting the livability of the area.
VI. ADVERSELY IMPACTING THE NATURAL ENVIRONMENT OR SCENIC QUALITY OF THE AREA
IN CONTRADICTION TO THE PLAN.
The Project site has mostly been disturbed to accommodate agricultural uses and is not anticipated to
generate adverse impacts to the natural environment or the scenic quality of the area. Preliminary site
investigations have not identified any significant, unique, or critical wildlife habitats, endangered and/or
protected flora/fauna species, or significant cultural resources within the Project area.
Page 10
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
The Project team will conduct onsite investigations and implement appropriate protective measures as
needed for biological and historical/archaeological resources to either avoid or mitigate impacts to the
natural environment, in coordination with the Arizona State Historic Preservation Office (SHPO) and Arizona
Game and Fish Department (AZGFD). High level conversations have been had with AZGFD and the Project
team recognizes that appropriate coordination, proper planning, and implementation of best management
practices allow projects to be developed that avoid, minimize, or mitigate potential impacts to wildlife and
recreational access during development and operation of the facilities. The Project team has discussed an
upcoming meeting with AZGFD and that this coordination will continue in a more detailed fashion with the
subsequent zone change and plan of development to minimize any potential impacts to the surrounding
wildlife including proper treatment or preservation of drainage ways and wildlife corridors. Specific to
wildlife, AZGFD has recommended surveys and monitoring to identify the species in the area. Based on
previous approvals, it is known that this site is located south and west of the known big horn sheep
movement patterns in the area which occur to the north and east through the Saddle Mountain range. Best
management practices will be introduced to address Avian safety. Future 500 kv lines do not pose
significant threat to avian species because of their spacing due to voltage. However, in general the Project
team will follow best practices in the industry to protect avian species such as adhering to APLIC standards.
Our biologist team has reviewed these designs and indicated that these power lines pose an almost
negligible risk to avian species. Additionally, a burrowing owl survey will be required prior to final plan
approval.
As discussed in the transportation sections, no major offsite road or transportation network improvements
are required to support the Project. Dust control measures will be provided to protect air quality during
construction activities. Ground disturbing activities may also require dust mitigation, erosion control BMPs,
and select soils stabilization or enhancement where existing erosion is encountered to maintain compliance
with local, state, and federal air and water quality standards.
The site is predominately flat and will require little to no grading for access, PV pedestals, or supporting
accessory equipment or storage structures. Construction activities will implement accepted BMP’s for solar
PV facility development, which include minimum ground disturbance and non-disturbance of existing low-
lying vegetation and vegetation for erosion control purposes. Vegetation may require mowing to heights
approved by the fire district or other environmental agencies to maintain appropriate levels of fire mitigation
and erosion control.
The site will have minor visual impacts to surrounding areas and properties. The site will be screened with
a minimum 6-foot fence to provide separation and security. Details of proposed fencing will be provided
with subsequent zone change and plan of development applications and finalized through coordination and
input from residents and impacted property owners.
The solar arrays will extend to an approximate 10-foot vertical height (typical) when panels are nearly
vertical during sunrise and sunset. The surrounding area has a few sparsely distributed residential land
uses. The rest of the surrounding area is characterized by active and passive agricultural land uses, Bureau
of Land Management (BLM) and Arizona State Land Department (ASLD) owned and managed lands,
natural gas-powered electric generation facilities, solar powered electric generation facilities, and native
desert lands. The predominant surrounding private land uses within the area is Utilities as designated by
approved Comprehensive Plan Amendments which have changed the underlying future land uses from
Rural Development Area to Utilities.
Page 11
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
No adverse or otherwise unmitigated impacts to the natural environment or scenic quality of the area are
anticipated.
The site will be surveyed prior to construction activities to identify plant/vegetation species which are
protected by the Arizona Department of Agriculture under the Arizona Native Plant Law. Protected plant life
and/or vegetation will be relocated or otherwise salvaged. All activities associated with the removal,
relocation, or sale of protected plants/vegetation will comply with the notice requirements of Title 3, Chapter
3, Title II, of the Arizona Administrative Code.
Additional detailed analysis of environmental impacts will occur with pending zone change and plan of
development submittals. Any identified impacts will be evaluated together with Planning and other staff
within affected local, state, federal regulatory agencies and corresponding county departments and
agencies, and participating stakeholders to identify appropriate mitigation strategies and/or other
acceptable offsetting measures. The Project will maintain compliance with applicable Maricopa County Air
Quality Department permitting and operational standards, including conformance with U.S. Environmental
Protection Agency (EPA), and Arizona Department of Environmental Quality.
D. WHETHER THE AMENDMENT IS CONSISTENT WITH OVERALL INTENT OF THE
COMPREHENSIVE PLAN:
Maricopa County’s original Comprehensive Plan was adopted in 1997 as a sensible approach to addressing
the regions fast paced growth and associated development issues. A lot has changed since 1997, including a
relevant update to introduce energy efficiency and renewable energy into the plan in 2007, and the county looks
to build on the past and lessons learned to experience continued smart growth and achieve a healthy, vibrant
and prosperous future. This can be seen throughout the county’s current Vision 2030 Comprehensive Plan,
which is a planning mechanism that looks to balance this future growth with a high quality of life. The
Comprehensive Plan looks to achieve this balance by providing policies and recommendations on how to
protect public health and safety, promote stable economic growth, maintain a healthy environment, provide
adequate community services, and ensure that tax money is spent efficiently. These policies and
recommendations also guide Maricopa County’s decisions regarding future development, and for when
changes to this plan are justified.
Applicant initiated changes to the comprehensive plan, like this change in land use designation, may occur with
Board approval to account for changing conditions provided that such revisions benefit the county as a whole.
This benefit can be weighed through the goals and policies of a series of plan elements, which each address a
subject that affects the county’s quality of life. While each element is distinct, combined they reinforce the
county’s strategic priorities and the core principles of Vision 2030, and promote consistent interpretation and
implementation of its policies and recommendations. The Harquahala Sun CPA is an example of citizens
serving citizens by working collaboratively, innovatively, efficiently and effectively to bring forward a mutually
beneficial land use to the county while working together responsively to be fiscally prudent in the attempt to
expand renewable energy opportunities.
Consistent with the county’s core principles, the Harquahala Sun II land use change helps support the
implementation of Maricopa County’s mission statement and strategic priorities by providing fiscally responsible
alternative energy services and effective and efficient infrastructure to implement delivery of services that help
promote and contribute to a healthy community that residents can enjoy. The Harquahala Sun II CPA will
maintain the county’s comprehensive plan approach to ensure that the land use request is understandable,
Page 12
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
measurable, practical and promotes efficiency. This request will be consistent with the county’s regulatory
policies and practices which support the growth of business enterprises, specifically renewable energy, in order
to produce a vibrant and balanced regional economy.
This narrative, and more specifically the goal and policy analysis below, lays out the expectations for future
growth and development of the utilities designation, which promote an efficient use of land, energy and financial
resources. Specifically, the renewable energy and solar uses are discussed throughout Vision 2030 responding
to Maricopa County’s ability to be one of the most productive spots int the world for solar energy generation as
discussed in the plan. These references provide measurable policies and strategies to further the Economic
Growth, Water Resources and Energy elements, as described below, while complementing the growth and
development related issues and goals of the remaining plan elements. Overall, this approach allows the Project
to consider the county’s past decisions provided within Vision 2030 to provide practical and informed decisions
to avoid future problems.
Harquahala Sun II meets the overall intent of the Maricopa County Comprehensive Plan Vision 2030 by
providing a future need in renewable energy, which has been identified as a strategic priority, that benefits the
region and county as a whole. Additionally, this Project will improve the quality of life as identified in the goals
and policies of the Comprehensive Plan as discussed in the following section.
E. THE EXTENT TO WHICH THE AMENDMENT IS CONSISTENT WITH THE SPECIFIC GOALS
AND POLICIES CONTAINED WITHIN THE PLAN.
Maricopa County’s Vision 2030 Comprehensive Plan considers growth-related topics that will affect the county’s
future. The following nine (9) plan elements examine key issues that shape the goals and policies that Maricopa
County uses to implement its mission, vision, strategic priorities and make informed and effective decisions.
Land Use
Transportation
Environment
Economic Growth
Growth Areas
Open Space
Water Resources
Energy
Cost of Development
Harquahala Sun II and the Utilities land use designation are affirmed by many of the goals, objectives, and
policies identified within these identified plan elements. The relevant goals, objectives, and policies contained
in the Comprehensive Plan are listed below with specific examples and guarantees of how each is relevant to
the proposed use and why it is consistent and helps implement Maricopa County’s Mission, Vision, and
Strategic Priorities.
Page 13
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
LAND USE GOALS AND POLICIES
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Land Use Goal #3: Protect public
health, safety and well-being
Harquahala Sun II is a low impact land use, consistently found in the
area, that provides renewable energy generation to the region. The
Project requires minimal water usage, minimal traffic, minimal
operational employment or activity and no wastewater. Additionally, it
improves air quality and will provide necessary ROW dedications,
circulation, screening, and appropriate buffers. Altogether, this
passive land use will help contribute to the public health, safety and
well-being of the area.
Land Use Policy #7: Maricopa
County supports coordinating land
use and infrastructure planning with
state
agencies,
counties,
and
municipalities.
The process requires ongoing coordination with local, state, and
federal agencies to ensure protections of public services, utilities,
infrastructure, and natural resources. Coordination has occurred
directly with Maricopa County Planning and Zoning, Environmental
Services, the Maricopa County Department of Transportation, and
Arizona Game and Fish Department (AZGFD). Feedback from state
agencies, other counties and municipalities located in close proximity
to the Project has been received as well through Maricopa County’s
enhanced notification process. Additional coordination will occur with
these groups in addition to the State Historic Preservation Office
(SHPO) and Arizona Department of Agriculture (AZDA). The
coordination includes preparation of necessary reports and
considerations for the provision as well as protection of natural
resources and public services including, but not limited to, water
resources (ground/surface water supplies), flora and fauna impacts,
air and water quality, and stormwater impacts, open spaces, buffering
and screening, and transportation facilities and rights-of-way.
Land Use Policy #20: Maricopa
County
supports
reducing
the
impacts of new urban development
on existing rural land uses and
agriculture.
The Project is a land use already found in the surrounding area,
reducing the impact on nearby agricultural and rural land uses.
Additionally, at the end of the life of the project, agricultural uses could
continue on the site due to the flat terrain and minimal impact to
underlying soils.
Page 14
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Land Use Policy #22: Maricopa
County
supports
reducing
the
impacts of new development on
environmentally
sensitive
areas,
including native flora and fauna
habitat and corridors.
The Project does not include environmentally sensitive areas
requiring avoidance or mitigation that we are aware of at this time.
Initial analysis hasn’t identified any flora or fauna species requiring
special mitigation or preservation. All development activities will
remain compliant with applicable environmental regulations requiring
flora/fauna habitat and/or environmental protection or relocation.
Ongoing coordination with the appropriate agencies, including
AZGFD, SHPO and AZDA, throughout the Project life cycle will
ensure appropriate site treatments and regulatory compliance with
applicable environmental policies, protocols, and regulations.
TRANSPORTATION GOALS AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Transportation Goal #1: Promote
and protect public health through a
safe transportation system.
One of Maricopa County’s strategic priorities is creating a safe,
efficient and effective transportation system. Harquahala Sun II will
further this priority by addressing some of their related concerns
specific to the preservation of road alignments and air pollution. The
Project will be responsible for ROW dedication of the necessary
roadway alignments, as indicated by MCDOT from its respective
boundaries to comply with the Maricopa County Transportation Plan
and road/ROW dedication standards of the county. Exceptions will be
negotiated with MCDOT and authorized by the MC BOS and may
require specific development agreements to memorialize terms of
negotiated dedications, preservation, and/or and deferments or
exemptions. Because no full-time employees are proposed on-site,
outside of the limited construction traffic, Harquahala Sun II provides
a use that will limit automobile usage and reduce air pollution.
Transportation Goal #2: Contribute
to a safe, seamless and effective
transportation system.
The Project will support a safe, seamless, and effective transportation
system by dedicating and/or preserving required ROW in support of
future road alignments as coordinated with MCDOT in a manner
consistent with Departmental planning objectives and the Maricopa
County Transportation Plan.
Transportation
Goal
#3:
Coordinate land use decisions with
transportation investments to help
the county exercise sound financial
management and build the county’s
fiscal strength.
All transportation improvements required to support the planned use,
or any expansion thereof will be borne solely by the developer, subject
to all required agreements, financial assurances and/or performance
bonds.
Page 15
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Transportation
Policy
#11:
Maricopa County supports National
Ambient
Air
Quality
Standards
(NAAQS) compliance.
The Project will maintain compliance with National Ambient Air Quality
Standards throughout development phases. Operation of the Project
will result in lower overall emissions.
Transportation
Policy
#12:
Maricopa
County
supports
improving low volume dirt roads as
directed
by
its
PM-10
Dust
Abatement Program.
The Project will maintain compliance with the permitting and
operational standards of the Maricopa County Air Quality Department
dust control requirements as governed by activities regulated by a
dust control permit or Rule 310.01.
ENVIRONMENTAL GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Environment
Goal
#1:
Provide
regional leadership to promote all
aspects of regional environmental
quality.
One of the reasons Maricopa County supports state and local efforts
to attract solar research and development to this region is due to the
environmental benefits. Harquahala Sun II would further Maricopa
County’s potential to be a leader in renewable energy research and
development, with respect to solar energy, and would benefit their
Green Government Program to help protect the environment with a
use that promotes low water usage and better air quality.
Additionally, throughout the Harquahala Sun II approvals, reports,
plans, and permits will be prepared, for all on-site and off-site Project
activities and phases, to identify areas of environmental concern,
demonstrate proposed methods of mitigation and compliance, and
identify compliance with environmental performance criteria.
Environmental Policy #2: To help
improve air quality Maricopa County
supports balanced and efficient land
use patterns where employment,
retail and residential land uses are
proximate rather
than separate.
Harquahala Sun II supports improved air quality by proposing an
alternative energy use that decreases emissions that result from
electricity produced by fossil fuels. Compared to other power
producers, solar powered plants significantly decrease carbon
dioxide emissions and eliminate sulfur, nitrous oxides, and mercury
emissions generated by conventional electric generation facilities.
Additionally, compared to the current agricultural uses on-site, this
Project which will treated to reduce potential fugitive dust will improve
local air quality impacts from fugitive dust emissions.
Page 16
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Environment Policy #3:
To
help
protect
water
quality
Maricopa
County
supports
compliance with its Drinking Water
program
and
its
Water
and
Wastewater Treatment program.
The Project as proposed is consistent with and will maintain
compliance with Maricopa County Drinking and Wastewater
Treatment program including water supply of the Maricopa County
Environmental Health Code. As proposed, drinking water will be
delivered by truck. If a local well is required for water use, such well
will comply with local and state permitting, operations, monitoring,
and recharge requirements. The Project, as proposed, will not have
wastewater demands or discharge. A septic system will be used if an
O&M building is required.
Environment Policy #4: Maricopa
County supports innovative Project
design and development techniques
that protect and mitigate damage to
important plant and animal habitat
and migration corridors.
The Project will be designed to minimize, avoid, and/or mitigate
negative impacts to flora and fauna habitat and wildlife migration
corridors
during
implementation
and
operational
activities.
Comments from the Arizona Game and Fish Department (AZGFD)
will be addressed in a manner consistent with the intent of this policy,
which may include preservation and/or relocation of impacted flora
and/or fauna species. Best management practices will be employed
to address flora/fauna impacts.
Environment Policy #5: As directed
by SHPO and Arizona Game and
Fish Department, Maricopa County
supports
cultural
resource
and
biological surveys being completed –
and needed mitigation measures
established
–
prior
to
new
development.
Cultural and biological reporting and surveys as required by the State
Historic Preservation Office (SHPO) and AZGFD will be submitted
with the zone change and plan of development application to identify
sensitive areas requiring protection, preservation, and/or mitigation
of impacts to respective natural, biologic, and/or cultural resources.
Mitigation identified by these or by the respective agency’s staff or
other guidance documents will be adhered to during implementation,
and operation of the use.
ECONOMIC GROWTH GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Economic
Growth
Goal
#1:
Contribute to an effective regional
economy.
The physical development of the site will employ hundreds of
specialized construction and skilled trade workers and laborers from
unincorporated areas and incorporated municipalities within
Maricopa County. Construction activities will generate employment
opportunities for qualified workers over a construction period which
is anticipated to occur from approximately 2023 through 2025. Local
businesses including, but not limited to retail, food service, gas
station/convenience, and hospitality businesses will be supported by
workers commuting to the site or lodging near the site for short/long
terms during their respective periods of construction activities. No
construction camps or on-site housing are proposed during the
implementation (construction) phase of the Project. No on-site
security or maintenance housing is proposed during the operational
phase of this development.
Economic
Growth
Policy
#5:
Maricopa County supports programs
that attract a variety of Basic Sector
industry clusters that have long-term,
stable growth prospects.
Page 17
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Economic
Growth
Policy
#10:
Maricopa County supports leveraging
its solar resource potential to attract
solar-related
industries
and
alternative
energy
research
and
development.
More accessible energy sources will attract energy dependent
employment sectors to the region and allow existing basic sector
industries to reinvest energy savings into expansions, research and
development, and retrofitting activities to increase productivity in
response to growing demands and competition in the regional and
national share of their respective industries. Increasing the supply of
locally generated renewable energy increases the attractiveness of
the region on the demand for technological innovations to meet the
demand for additional skilled and specialized workers. There will also
be an increase in the demand for specialized workers to respond to
changes and innovations in the solar powered generation industry
and in the development of spin off applications in the manufacturing,
transportation, and research/development industries.
GROWTH AREA’S GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Growth Areas Goal #1: Achieve
orderly urban growth that is fiscally
and
environmentally
responsible,
protects public health and safety and
promotes
sensible
annexation
patterns.
The Project is located near existing and approved generation
facilities and has convenient access to existing electrical
infrastructure, major transmission corridors, and a major electrical
substation. Proximity to existing transmission lines, corridors, and
easements reduces the applicant’s expenditures to utilize existing
infrastructure and to obtain necessary easements to interconnect to
the electrical grid. Construction and operational activities will
maintain compliance with applicable environmental criteria,
regulations, and permitting to ensure protection of biologic and
natural resources.
Growth Areas Policy #1: Maricopa
County
supports
consistent
implementation of its urban growth
area except in the noted instances.
The proposed Project is considered an industrial land use requiring
large amounts of land to operate that do not require a corresponding
level of urban services and infrastructure and can be located in rural
remote areas. As the plan recommends, this land use is acceptable
outside the urban growth area. These uses could include electric
generating facilities, proving grounds and test facilities, agriculturally
oriented businesses, and other rural-type industrial uses on a case-
by-case basis.