CPA2022012 Z2022183 BOS REPORT.PDF

May 10, 2023 
CPA2022012 & Z2022183 
Page 1 of 4 
 
 
 
 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
Board Hearing Date: 
May 10, 2023 
 
Case #/Title:   
 
 
CPA2022012/Z2022183 – Harquahala Generating Facility      
 
Supervisor District: 
5 
 
Applicant/Owner:  
Burch & Cracchiolo, P.A. / New Harquahala Generating Company, 
LLC  
 
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 and Industrial 
to Utilities. CPA case approval is by Resolution, attached. 
 
 
2) Zone Change with Overlay from Rural-43 and Rural-43 SUP to 
IND-2 IUPD 
 
Site Location: 
Generally located at the SWC of 491st Ave. and Thomas Rd 
 
Site Size: 
Approximately 361.13 acres 
 
County Island Status: 
N/A 
Additional 
Comments: 
The Utilities land use plan designation is intended for electric 
generating plants, water and wastewater treatment facilities, and 
associated offices and accessory equipment.  The appropriate 
zoning under the Utilities designation is IND-2 and therefore the 
zoning request is consistent with the proposed land use 
designation.  The applicant held a public meeting and questions 
from the landowners participating in the process primarily focused 
on private matters between the applicant and the landowners 
unrelated to the request. Staff routed the request to various 
external agencies including Luke Air Force Base, ADOT, AZGFD and 
AZSHPO.  Only AZSHPO commented stating they had no concerns 
and noting that no cultural or archeological resources were 
identified during a previous survey.  There are no outstanding 
concerns from county review agencies, and there is no known 
opposition.   
 
  
Commission  
 
Recommendation (Two Motions): 
On 4/6/23, the Commission voted 9-0 to adopt a motion 
recommending the Board of Supervisors approve CPA2022012.

May 10, 2023 
CPA2022012 & Z2022183 
Page 2 of 4 
 
On 4/6/23, the Commission voted 9-0 to adopt a motion 
recommending the Board of Supervisors approve Z2022183 
subject to conditions ‘a’ – ‘t’:  
 
a. 
Development of the site shall be in substantial conformance with the Site Plan entitled 
“Harquahala Generating Station”, consisting of 17 pages, dated March 24, 2023, and 
stamped received March 24, 2023, except as modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “New Harquahala Generating Company, LLC”, consisting of 6 pages, dated March 
10, 2023, and stamped received March 10, 2023, except as modified by the following 
conditions. 
 
c. 
The following IND-2 IUPD Zoning District standards shall apply:  
 
1. 
Max. Height: 190’ for existing area of site, 50’ for expansion area including 
evaporation ponds 
2. 
Parking Spaces Required: 37 spaces including 2 ADA spaces 
3. 
Loading and Unloading Spaces: No loading and unloading spaces required 
4. 
Landscaping: No landscaping setback required 
5. 
Screening: Min. 6’ chain-link fencing along the perimeter of the site, existing 
fencing associated with the existing site may remain in the existing location 
6. 
Sight Visibility Triangles (SVT): SVT’s waived at project site entry/exit points, 
section line and midsection line intersecting alignments 
7. 
Article 902.9.1: Evaporation ponds and utility uses associated with the 
generating station permitted outdoors 
 
d. 
The following Planning Engineering conditions shall apply: 
  
1. 
Engineering review of planning and/or zoning cases is for conceptual design only. 
All development and engineering design shall be in conformance with Section 
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; 
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; 
and current engineering policies, standards and best practices at the time of 
application for construction. 
 
2. 
Based on the conceptual design nature of the information submitted, changes to 
the site layout may be necessitated by the final engineering design of the site’s 
drainage infrastructure. 
 
3. 
Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with 
the application for Building Permits. 
 
4. 
The entire area covered by any new development associated with the Plan of 
Development and its adjacent half-streets’ runoff shall be retained onsite. If 
portions of adjacent right-of-way are controlled by other jurisdictions, the adjacent 
half-streets’ runoff shall be retained unless separately addressed by the other 
jurisdictions. 
 
5. 
Sufficient retention volume shall be provided onsite to retain the required 100-year, 
2-hour runoff from all contributing areas from any new development associated

May 10, 2023 
CPA2022012 & Z2022183 
Page 3 of 4 
with the Plan of Development. Retention basins with stormwater depths exceeding 
one foot shall provide one foot of freeboard. 
 
6. 
All retention basins shall drain within 36 hours per County requirements. 
 
e. 
The IUPD overlay is applied to restrict the use of the site. IND-2 IUPD shall limit the use of 
the site exclusively to an electric generating facility including ancillary offices, ancillary 
uses and existing agricultural uses.   
 
f. 
Existing encroachments within the new right-of-way may remain until notified by the 
Maricopa County Department of Transportation Director.  If/when a relocation is required 
due to a public improvement project; it shall be done so in a timely manner at the 
owner/developer’s expense. 
 
g. 
Prior to drainage clearance approval, a time limit for any temporary construction lay down 
areas shall be stated on the Grading and Drainage Plan. 
 
h. 
Interior driveways and parking spaces (both permanent and temporary) shall be surfaced 
with a form of dust-proofing deemed acceptable by Maricopa County Air Quality Control 
at the time of zoning clearance. 
 
i. 
Any reporting requirements associated with the Facility shall require reporting data from 
the original development of the Harquahala Generating Project to present.  The conditions 
of Z2022183 supersede or otherwise retain or modify the prior conditions of approval 
from prior cases including CPA1999002, Z2000049, Z2001004, Z2001044, Z2002019, 
Z2002131, Z2003101, Z2006043, Z2009088 and Z2022078. 
 
j. 
Harquahala Generating Facility shall use CAP water as its primary source of water subject 
to annual availability. 
 
k. 
Harquahala Generating Facility may withdraw groundwater from the Harquahala Irrigation 
Non-Expansion Area for electrical generation and related uses in an amount not to exceed 
62,500 acre feet per ten year period as determined by using a ten-year rolling average 
commencing upon the date the Harquahala Generating Project originally began 
withdrawing groundwater in connection with the Project in 2003.  Groundwater withdrawal 
in excess of 62,500 acre feet per 10 years shall require a revised application processed as 
either a major amendment or modification of conditions and be subject to public hearing 
and Board of Supervisors approval. 
 
l. 
Harquahala Generating Facility shall site and operate its wells in a manner to prevent 
“unreasonably increasing damage” as determined by the Arizona Department of Water 
Resources consistent with A.A.C. R12-15-830, to any well of record with ADWR as of the 
original date of Board of Supervisors approval of Z2000049. 
 
m. 
The applicant shall submit a written report outlining the status of the development five 
years from the date of Board of Supervisors approval.  The status report shall be reviewed 
by Staff to determine compliance with conditions of approval and whether the report 
needs to be reviewed by the Planning and Zoning Commission.  The status report shall 
contain groundwater monitoring reports with annual withdrawals as well as all other 
annual water use itemized by type and quantity.  In addition, a copy of the applicant’s 
annual CAP allotment shall be submitted.  No further status reports will be required if the 
five year status report is approved by Staff.

May 10, 2023 
CPA2022012 & Z2022183 
Page 4 of 4 
 
n. 
All outdoor lighting shall be designed as recommended by the International Dark-Sky 
Association and shall be in compliance with Section 1112 of the Maricopa County Zoning 
Ordinance. 
 
o. 
The owner/developer shall provide to MCDOT an acceptable form of assurance to 
guarantee repairs and/or reconstruction of the damaged roads during construction and 
at time of completion. 
 
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. 
Amendments to the zone change shall be processed as a revised application in 
accordance with Maricopa County Zoning Ordinance requirements.  
 
r. 
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. 
 
s. 
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. 
 
t. 
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: 
 
4/6/23 P&Z Packet (57 pages)  
 
 
Resolution (2 pages)  
 
 
Note: 
4/6/23 Draft P&Z Minutes are not available as of the writing of this report, but can be provided 
upon request later when available.

CPA2022012 & Z2022183 
Page 1 of 13 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Cases: 
CPA2022012 & Z2022183 – Harquahala Generating Facility 
 
 
 
 
Hearing Date: 
April 6, 2023 
 
Supervisor District: 
5 
 
 
  
 
Applicant: 
Burch & Cracchiolo, P.A. 
 
Owner: 
New Harquahala Generating Company, LLC 
   
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 and Industrial to Utilities 
 
2) Zone Change with Overlay from Rural-43 and Rural-43 SUP to IND-2 IUPD 
 
  
 
Site Location: 
Generally located at the SWC of 491st Ave. and Thomas Rd. 
 
  
Site Size: 
Approx. 361.13 acres 
 
Density: 
N/A  
 
County Island:  
No 
 
 
County Plan: 
Vision 2030 Maricopa County Comprehensive Plan – Rural Development 
Area and Industrial 
 
Municipal Plan: 
N/A 
 
Municipal Comments: 
None received to date 
 
Support/Opposition: 
None received to date 
 
Recommendations: 
1) Approve 
 
2) Approve with conditions

CPA2022012 & Z2022183 
Page 2 of 13 
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 and Industrial to Utilities. In addition to the CPA proposal, the applicant is requesting a Zone 
Change with Overlay from Rural-43 and Rural-43 SUP to IND-2 IUPD.  The subject site is 
approximately 378.11 gross acres and approximately 361.13 net acres located in the Tonopah 
area.  The difference between the gross and net acreage is due to the property lines extending 
into right-of-way dedicated in-fee to MCDOT along Thomas Rd. & 491st Ave.  
 
2. 
In 2000, the original undeveloped property received a Comprehensive Plan Amendment 
(CPA199902) to change the land use designation to Industrial. Concurrently, the Board approved 
a SUP for an electric plant and generating station under case Z2000049.  Subsequent 
amendments to the SUP were approved in 2001, 2002, 2003, 2004, 2006, 2009 and 2022.  The 
amendments pertained to increasing tower height, switchyard modifications, updating 
landscaping/grading/drainage plans, and adding miscellaneous equipment and parking covers.  
The CPA and zoning are being requested in order to both replace the existing but outdated land 
use designation and zoning classification for the facility, while also adding additional land to the 
zoning entitlement for utility uses.  To note, the County previously required that applicants seek 
an Industrial land use designation followed by a Special Use Permit (SUP) to develop a site for 
utility uses.   
 
3. 
The existing power plant is a combined cycle gas turbine powered plant.  There are three (3) units 
(each with a combustion turbine and a steamed turbine) for a total of six (6) generators in the 
plant.  The combustion turbines use fuel from the El Paso Natural Gas Pipeline.  Together these 
turbines generate approximately 1,100 MWs of capacity annually.  The site is manned 24 hours a 
day and employs approximately 37 employees overall. 
 
4. 
The site features flat topography with a portion being used for agricultural uses and the remainder 
serving as the existing generating facility.  If approved, the developer plans to grade the 
agricultural fields and develop two evaporation ponds accessory to the generating facility.  There 
will also be a transformer and auxiliary transformer developed to supplement facility operations 
in the event of a failure of existing transformers on site. 
 
5. 
Primary access is available to the site from 491st Ave. with a secondary access point available 
also on 491st Ave.  The owner or developer will be constructing improvements in accordance with 
MCDOT requirements as needed.  There are thirty-five (35) paved parking spaces and two (2) ADA 
spaces on the site.  Fire service is provided by the Harquahala Valley Fire District.   
 
6. 
The narrative provided for CPA2022012 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 applicant states in their narrative that the amendment will be an overall improvement to the 
Comprehensive Plan because current land use designation of Rural Development Area (on the 
area not designated Industrial) robs the County of the benefits associated with extending the 
Utilities designation.  The Utilities designation will allow the owner to proceed forth with the 
proposed development of evaporation ponds and spare transformers for increased efficiency and

CPA2022012 & Z2022183 
Page 3 of 13 
reduction of delays associated with equipment failure.  The applicant also notes that the station 
employs thirty-five (35) people and generates electricity which will be added to the grid. 
 
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.  
 
The applicant states that the land use patterns in the planning will not be altered and will 
remain agricultural, vacant and utilities (utility-scale solar and generating plants).  Any 
future residential in the surrounding areas will remain low-density and (0-1) d.u. per acre. 
 
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.  
 
All costs associated with any larger or more expensive infrastructure required as a result 
of the site shall be borne by the developer. 
 
C. 
Requiring public improvements to roads, sewer, or water systems that are needed to 
support planned land uses. 
 
All roads, water, sewer and other public infrastructure costs associated with the 
development shall be borne by the developer. 
 
D. 
Adversely impacting planned uses because of increased traffic.  
 
The narrative states that the only increase to occur in traffic will occur during the 
construction period for the ponds and backup transformers.  Otherwise, the number of 
employees will remain static and in accordance with the existing generating facility. 
 
E. 
Affecting the livability of the area or the health or safety of present and future residents.  
 
The applicant notes that their proposal will have no negative social, visual, traffic, air 
quality, water quality impacts or other adverse impacts with a negative effect on the 
livability, health or safety of the area.   
 
F. 
Adversely impacting the natural environment or scenic quality of the area in contradiction 
of the plan.  
 
The existing site received a Certificate of Environmental Compatibility (CEC) in the year 
2000 confirming that it had addressed US Fish & Wildlife Service (USFWS), Arizona Game 
& Fish Department (AZGFD) and Arizona State Historic Preservation Office (AZSHPO) 
requirements.  The applicant states it will submit a survey for the new site that complies 
with both USFWS and AZGFD and ultimately results in a Biological Memorandum.  
AZSHPO stated that it previously surveyed the site and has no comments.   
 
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.  
 
The narrative notes consistency with the intent of the Vision 2030 Comprehensive Plan.  
Specifically, the narrative identifies how this proposal is consistent with the County Mission “to 
provide regional leadership and fiscally responsible, necessary public services so that residents 
can enjoy living in a healthy and safe community” by achieving balanced and efficient

CPA2022012 & Z2022183 
Page 4 of 13 
development patterns because this amendment focusing utility uses in a certain area of the 
County.  The narrative states that the amendment will help protect the public health, safety, well-
being and environment by ensuring air quality is preserved during construction of the proposed 
development and preventing the contamination of local soil and/or groundwater.  The 
amendment assists in ensuring safe, reliable and efficient operating flexibility to generate 
electricity for the benefit of County residents in accordance with the Plan’s Mission.  Lastly, the 
applicant’s narrative states the amendment and development will be fiscally responsible because 
infrastructure improvements required as a result of the site will be borne by the developer.   
 
The extent to which the amendment is consistent with the specific goals and policies contained 
within the plan. 
 
The narrative states that the subject site meets the following goals and policies of the Vision 
2030 Comprehensive Plan.  The applicant’s narrative report provides details about how this 
project intends to meet these goals and policies. 
 
Vision 2030 Maricopa County Comprehensive Plan 
 
Land Use Element – Goal 1, Goal 3, Policy 7, Policy 33 
 
Transportation Element – Goal 1, Policy 11 
 
Environment Element – Policy 3, Policy 4, Policy 5, Policy 10 
 
Economic Growth Element – Goal 1, Policy 5 
 
Growth Area Element – Policy 1 
 
Open Space Element – Goal 1 
 
Water Resources Element – Goal 1 
 
Energy Element – Goal 1, Goal 3 
 
Cost of Development Element – Goal 2

CPA2022012 & Z2022183 
Page 5 of 13 
7. 
The subject property is currently zoned Rural-43 and Rural-43 SUP.  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: 
 
 
REGULATION 
BASE ZONING DISTRICT 
REGULATIONS (IND-2) 
PROPOSED ZONING REGULATIONS 
(IND-2 IUPD) 
Max. Height  
40’, except any building or structure closer 
than 40’ to any rural or residential zone 
boundary shall not exceed the distance 
from said building or structure to the zone 
boundary except that no building need be 
less than 10’  
190’ for existing site, 50’ for expansion area 
Min. Front Yard 
25’ 
25’ 
Min. Side Yard 
10’ 
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 
35 paved spaces 
2 ADA spaces 
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 
0 loading and unloading spaces 
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 setback 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 
Chain-link fencing and gates shall be 
allowed on the perimeter of the project.  
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 
Evaporation ponds shall not be located 
inside enclosed buildings

CPA2022012 & Z2022183 
Page 6 of 13 
8. 
The applicant is requesting several standards to be varied for the IND-2 IUPD zoning district 
including maximum height, parking spaces, loading and unloading spaces, landscaping, 
screening, sight visibility triangles (SVTs) and permitted outdoor uses.  For height, the applicant’s 
narrative states that the 190’ maximum height is for the previously approved facility area.  The 
applicant is requesting to vary parking to thirty-seven (37) total spaces including two (2) ADA 
spaces in accordance with the number of employees of the facility.  For loading and unloading 
spaces, the applicant’s narrative states that they use various areas of the site for loading and 
unloading and want to continue the operation without pavement of such areas being required as 
per the existing operation of the site.  The applicant is requesting to vary the landscape setback 
as the new areas of the site will continue to include significant open areas that sufficiently buffer 
the existing station from the public right-of-way.  The applicant is proposing chain link fencing to 
screen the site due to the rural character of the area and the open space (ponds) being developed 
in the new portion of the site.  A waiver to sight visibility triangles (SVTs) is also being requested 
as the existing plan of development did not require the triangles.  Lastly, the applicant is 
requesting to allow the evaporation ponds to be developed and utilized outdoors as it is necessary 
for those to be developed outdoors by their very nature. 
 
 
Exhibit 1 – 2022 Aerial Map

CPA2022012 & Z2022183 
Page 7 of 13 
Exhibit 2 – Rural-43 & Rural-43 SUP Zoning Districts & Surrounding Districts 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Exhibit 3 – Land Use Exhibit

CPA2022012 & Z2022183 
Page 8 of 13 
Exhibit 4 – Site Plan Excerpt 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
9. 
On-site: 
 
Rural-43 & Rural-43 SUP / Agricultural & Utilities 
North: 
Rural-43 / Agricultural 
South: 
Rural-43 / Agricultural 
East: 
Rural-43 / Agricultural 
West: 
Rural-43 / Agricultural 
 
 
Utilities and Services: 
 
10. 
Water: 
 
Central Arizona Project & Private Wells 
Wastewater: 
Septic 
Electric: 
Self-Generating & APS 
Gas: 
El Paso Natural Gas 
School Districts: 
Arlington Elementary School District #47 
 
Buckeye Union High School District #1 
Fire: 
Harquahala Valley Fire District 
Police:  
Maricopa County Sheriffs Office (MCSO)

CPA2022012 & Z2022183 
Page 9 of 13 
Right-of-Way: 
 
11. 
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 
Future R/W 
Existing Classification 
491st Avenue 
30’ 
60’ 
Local Road 
Thomas Road 
Varies 
Varies to 130’ 
Future Minor Arterial 
 
Adopted Plan: 
 
12. 
Vision 2030 Maricopa County Comprehensive Plan: The land use on approx. 160 acres of the 
site is designated as Industrial (per CPA199902) which encourages general, warehousing, 
storage, distribution activities, general manufacturing and product assembly.  The remainder 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. Staff notes the 
Industrial designation and SUP overlay are outdated as pertaining to private utilities and the 
applicant is seeking the updated designation of Utilities for the entire site.  The Utilities 
designation designated electric generating plants, water and wastewater treatment facilities, and 
associated offices and accessory equipment.  The appropriate zoning under the Utilities 
designation is IND-2. 
 
Public Participation Summary: 
 
13. 
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 and HOA’s 
within 300’ of the subject parcel and notification to interested parties.  Signs were posted on site 
in accordance with applicable regulations.  The applicant advertised the CPA along with the Zone 
Change.  Advertising the Comprehensive Plan Amendment is not required; however, the applicant 
included the CPA request for public participation purposes.  Staff received a Public Participation 
Results Report in accordance with County requirements. 
 
14. 
The applicant held a virtual public meeting on November 22, 2022.  According to the Results 
Report, two (2) neighboring landowners attended the meeting.  Some of the issues discussed 
included operations of the plant, potential for other structures as high as 190’, lining of 
evaporation ponds and legal agreements between landowners.  The Results Report also includes 
correspondence with the owner’s onsite leaseholder concerned with their ability to continue 
farming. Overall, the questions from the landowners participating in the process focused on 
private matters between the applicant and the landowners unrelated to the request. 
 
15. 
To date, Staff has not received any letters or other communications in support or opposition.   
 
16. 
Staff routed the request to various external agencies including Luke Air Force Base, ADOT, AZGFD 
and AZSHPO.  Only AZSHPO commented stating they had no concerns and noting that no cultural 
or archeological resources were identified during a previous survey. 
 
Outstanding Concerns from Reviewing Agencies 
 
17. 
N/A

CPA2022012 & Z2022183 
Page 10 of 13 
Staff Analysis: 
 
18. 
Staff supports the requests for a Comprehensive Plan Amendment and Zone Change.  The 
proposed land use designation of Utilities allows for the existing facility to operate under the 
current land use designation versus a defunct designation and a temporal zoning overlay no 
longer permitted for electrical generating facilities.  The expanded use designation and 
subsequent entitlement allow the developer to add features to the site which allow for greater 
efficiency in the generation of energy which is important to the overall stability of the grid. 
 
19. 
Staff believes the site is well-suited to this rural area and is in relative proximity to electrical 
transmission lines, solar facilities, nearby stations and substations, and because the surrounding 
area is either undeveloped or utilized as agricultural land.  Staff agrees with the applicant that the 
project will not detrimentally affect the visual quality of the area as the improvements 
(evaporation ponds and backup transformers) primarily comprise grade work and smaller 
structures associated with the existing generating plant.   
 
20. 
The request 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.   
 
21. 
The development’s water usage is governed by the State and a condition is provided limiting the 
amount that can be drawn down from the Harquahala Irrigation Non-Expansion Area. Prior to 
utilizing this groundwater, the development is required to seek availability of CAP water and use 
that water if available.  The condition states that the owner is only permitted to utilize 62,500 acre 
feet of groundwater using a 10-year average on a rolling basis.  The applicant’s narrative confirms 
that all water usage will remain within the parameters authorized by the State and the County 
condition from the original zoning case. The evaporative ponds are for wastewater from the plant 
and those ponds will be lined with material designed to protect seepage into groundwater.  If 
approved, conditions associated with the prior cases will be carried over as a part of this request. 
 
22. 
The applicant is requesting to vary the development standards of the IND-2 zoning district 
including maximum height for existing structures, parking spaces, loading and unloading spaces, 
landscaping, screening, sight visibility triangles (SVTs) and permitted outdoor uses.    Staff is 
supportive of these variations as they reflect the existing site as developed with a caveat related 
to maximum height. 
 
23. 
Staff routed this proposal to LAFB three times and no comments were received.  The applicant is 
requesting that the existing facility area be permitted a maximum height of 190’ for the existing 
smoke stack, cooling towers and any future cooling towers they would like to add.  Staff supports 
varying the condition related to height as it pertains to the existing area, but not for the area 
designated to have evaporation ponds on the expanded area of the generating station without 
receiving favorable comments from LAFB.  Staff received no comments or concerns from AZGFD 
or AZSHPO. 
 
Recommendations (Two Motions – CPA2022012 & Z2022183): 
 
24. 
For the reasons outlined in this report, Staff recommends the Commission adopt a motion that 
the Board of Supervisors Approve CPA2022012. 
 
25. 
For the reasons outlined in this report, Staff recommends the Commission adopt a motion that 
the Board of Supervisors Approve Z2022183, subject to conditions ‘a’ – ‘t’.

CPA2022012 & Z2022183 
Page 11 of 13 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan entitled 
“Harquahala Generating Station”, consisting of 17 pages, dated March 24, 2023, and 
stamped received March 24, 2023, except as modified by the following conditions. 
 
b. 
Development of the site shall be in substantial conformance with the Narrative Report 
entitled “New Harquahala Generating Company, LLC”, consisting of 6 pages, dated March 
10, 2023, and stamped received March 10, 2023, except as modified by the following 
conditions. 
 
c. 
The following IND-2 IUPD Zoning District standards shall apply:  
 
1. 
Max. Height: 190’ for existing area of site, 50’ for expansion area including 
evaporation ponds 
2. 
Parking Spaces Required: 37 spaces including 2 ADA spaces 
3. 
Loading and Unloading Spaces: No loading and unloading spaces required 
4. 
Landscaping: No landscaping setback required 
5. 
Screening: Min. 6’ chain-link fencing along the perimeter of the site, existing 
fencing associated with the existing site may remain in the existing location 
6. 
Sight Visibility Triangles (SVT): SVT’s waived at project site entry/exit points, 
section line and midsection line intersecting alignments 
7. 
Article 902.9.1: Evaporation ponds and utility uses associated with the 
generating station permitted outdoors 
 
d. 
The following Planning Engineering conditions shall apply: 
  
1. Engineering review of planning and/or zoning cases is for conceptual design only. All 
development and engineering design shall be in conformance with Section 1205 of 
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction. 
 
2. Based on the conceptual design nature of the information submitted, changes to the 
site layout may be necessitated by the final engineering design of the site’s drainage 
infrastructure. 
 
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the 
application for Building Permits. 
 
4. The entire area covered by any new development associated with the Plan of 
Development and its adjacent half-streets’ runoff shall be retained onsite. If portions 
of adjacent right-of-way are controlled by other jurisdictions, the adjacent half-streets’ 
runoff shall be retained unless separately addressed by the other jurisdictions. 
 
5. Sufficient retention volume shall be provided onsite to retain the required 100-year, 2-
hour runoff from all contributing areas from any new development associated with the 
Plan of Development. Retention basins with stormwater depths exceeding one foot 
shall provide one foot of freeboard. 
 
6. All retention basins shall drain within 36 hours per County requirements.

CPA2022012 & Z2022183 
Page 12 of 13 
 
e. 
The IUPD overlay is applied to restrict the use of the site. IND-2 IUPD shall limit the use of 
the site exclusively to an electric generating facility including ancillary offices, ancillary 
uses and existing agricultural uses.   
 
f. 
Existing encroachments within the new right-of-way may remain until notified by the 
Maricopa County Department of Transportation Director.  If/when a relocation is required 
due to a public improvement project; it shall be done so in a timely manner at the 
owner/developer’s expense. 
 
g. 
Prior to drainage clearance approval, a time limit for any temporary construction lay down 
areas shall be stated on the Grading and Drainage Plan. 
 
h. 
Interior driveways and parking spaces (both permanent and temporary) shall be surfaced 
with a form of dust-proofing deemed acceptable by Maricopa County Air Quality Control 
at the time of zoning clearance. 
 
i. 
Any reporting requirements associated with the Facility shall require reporting data from 
the original development of the Harquahala Generating Project to present.  The conditions 
of Z2022183 supersede or otherwise retain or modify the prior conditions of approval 
from prior cases including CPA1999002, Z2000049, Z2001004, Z2001044, Z2002019, 
Z2002131, Z2003101, Z2006043, Z2009088 and Z2022078. 
 
j. 
Harquahala Generating Facility shall use CAP water as its primary source of water subject 
to annual availability. 
 
k. 
Harquahala Generating Facility may withdraw groundwater from the Harquahala Irrigation 
Non-Expansion Area for electrical generation and related uses in an amount not to exceed 
62,500 acre feet per ten year period as determined by using a ten-year rolling average 
commencing upon the date the Harquahala Generating Project originally began 
withdrawing groundwater in connection with the Project in 2003.  Groundwater withdrawal 
in excess of 62,500 acre feet per 10 years shall require a revised application processed as 
either a major amendment or modification of conditions and be subject to public hearing 
and Board of Supervisors approval. 
 
l. 
Harquahala Generating Facility shall site and operate its wells in a manner to prevent 
“unreasonably increasing damage” as determined by the Arizona Department of Water 
Resources consistent with A.A.C. R12-15-830, to any well of record with ADWR as of the 
original date of Board of Supervisors approval of Z2000049. 
 
m. 
The applicant shall submit a written report outlining the status of the development five 
years from the date of Board of Supervisors approval.  The status report shall be reviewed 
by Staff to determine compliance with conditions of approval and whether the report 
needs to be reviewed by the Planning and Zoning Commission.  The status report shall 
contain groundwater monitoring reports with annual withdrawals as well as all other 
annual water use itemized by type and quantity.  In addition, a copy of the applicant’s 
annual CAP allotment shall be submitted.  No further status reports will be required if the 
five year status report is approved by Staff.

CPA2022012 & Z2022183 
Page 13 of 13 
n. 
All outdoor lighting shall be designed as recommended by the International Dark-Sky 
Association and shall be in compliance with Section 1112 of the Maricopa County Zoning 
Ordinance. 
 
o. 
The owner/developer shall provide to MCDOT an acceptable form of assurance to 
guarantee repairs and/or reconstruction of the damaged roads during construction and 
at time of completion. 
 
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. 
Amendments to the zone change shall be processed as a revised application in 
accordance with Maricopa County Zoning Ordinance requirements.  
 
r. 
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. 
 
s. 
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. 
 
t. 
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 (1 page) 
 
CPA2022012 Narrative Report (10 pages) 
 
Z2022183 Narrative Report (6 pages) 
 
Site Plan (17 pages) 
 
Engineering Comments (1 page) 
 
MCESD Comments (2 pages) 
 
AZSHPO Comments (4 pages) 
 
Information Request (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 379 approx.
Generated March 27, 2023 11:32 AM
CPA2022012
Application Name:
Legal Description
Harquahala Generating Facility
Applicant
Case Address
, T2N R08W 31
ED BULL for BURCH & CRACCHIOLO PA
2530 N 491ST Ave
Applicant Phone/Email
Parcel Primary:506-30-017F
602.234.9913
TONOPAH AZ 85354
Map scale 1:12,881
Supervisor District No.
HARQUAHALA GENERATING FACILITY - ADD EVAPORATION PONDS
5.3585 in

/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 379 approx.
Generated March 27, 2023 11:34 AM
Z2022183
Application Name:
Legal Description
Harquahala Generating Facility
Applicant
Case Address
, T2N R08W 31
ED BULL for BURCH & CRACCHIOLO PA
2530 N 491ST Ave
Applicant Phone/Email
Parcel Primary:506-30-017F
..
TONOPAH AZ 85354
Map scale 1:12,882
Supervisor District No.
HARQUAHALA GENERATING PLANT - ADD EVAPORATION PONDS
5.3585 in

THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
THOMAS RD
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
491ST AVE
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
COURTHOUSE RD
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
VAN BUREN ST
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
INDIAN SCHOOL RD
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
483RD AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
499ST AVE
This plan is conceptual and subject to change through the planning and development process.
1" = 1,000
MAR 2023
2436
MARICOPA COUNTY, ARIZONA
HARQUAHALA GENERATING STATION - SITE EXPANSION
EXISTING & PROPOSED LAND USE EXHIBIT
case no.: CPA2022012

NEW HARQUAHALA GENERATING COMPANY, LLC 
 
Zone Change with Overlay from RU-43 and RU-43 SUP to 
IND-2 IUPD Narrative 
 
Harquahala Power Generating Station 
Approximately 361.31net acres located  
Southwest corner of 491st Avenue and Thomas Road 
Harquahala Valley within Maricopa County, Arizona 
 
1st Submittal: October 4, 2022 
2nd Submittal: January 5, 2023 
3rd Submittal: February 28, 2023 
4th Submittal: March 10, 2023 
Rezone Case No. Z2022183 
 
Prepared by: 
Ed Bull and Ali Bull 
Burch & Cracchiolo, P.A.  
1850 North Central, Suite 1700 
Phoenix, Arizona 85004 
602-234-9913

A. Purpose of Request 
 
This request is for a zone change with overlay from RU-43 and RU-43 SUP to IND-2 
IUPD of approximately 361.31 net acres located at the southwest corner 491st Avenue and 
Thomas Rd (“Site”).  This rezoning will facilitate the improvement of New Harquahala 
Generating Company, LLC’s (“New Harquahala”) Harquahala Power Generating Station.  New 
Harquahala intends to add a spare Generator Step Up (“GSU”) transformer, auxiliary 
transformer, and new evaporation ponds to the Site.  The transformers were previously approved 
several months ago through a Minor Amendment.  Moreover, the requested rezoning is 
consistent with modern-era entitlements for other generating facilities in the general area. 
 
B. Description of Proposal 
 
The existing Harquahala Power Generating Station located at the northeast corner of the 
Site will remain on the Site and continue operating.  There are no proposed plans to alter the 
existing plant facility.  On the contrary, all proposed changes will occur west and south of the 
existing plant facility and are simply meant to support and augment that facility.   
 
The proposed GSU transformer and Auxiliary transformer will be placed on a new 
concrete slab which will be surrounded by approximately 4’ tall concrete walls.  The proposed 
slab will be approximately 84’ x 39’ and located in the southeast section of the Site.  The 
additional transformers will ensure the Generating Station works efficiently by reducing delays 
arising from failures of the existing transformers.  It typically takes approximately one year from 
the time of manufacturing to delivery to acquire new transformers; having spare transformers 
already on site will drastically reduce the delays and ensure the Generator Station resumes full 
operating power and efficiency in the event a transformer malfunctions and operations are 
delayed/stopped until the transformer can be replaced.   
 
The proposed evaporation ponds will provide additional wastewater storage volume and 
evaporative area to provide safe, reliable, and efficient operating flexibility.  The proposed ponds 
will be located south and west of the existing facility.  The soil stockpile from the pond 
construction will be located adjacent to the new ponds within a chain link fence until such time 
the ponds are closed at the end of the facility’s cycle.  The soil stockpiles will not be located 
within the FEMA Floodplain boundary. 
 
The proposed development will not alter the hours of operation, number of employees, 
parking, access, or signage.  The Generating Station is manned and operational 24 hours a day, 
365 days a year and currently employs approximately 35 people, but there are only 21 employees 
on site at a time during a typical weekday. New Harquahala does not anticipate increasing that 
number as a result of the proposed development.  Because the number of employees on site is not 
anticipated to increase, there is no need to increase parking.  The existing facility has 37 marked 
parking spaces, which is more than sufficient for the current employees.  The proposed 
development will not require any new access points – all access will be through the existing 
facility.  Therefore, no additional signage is needed.

C. Relationship to Surrounding Properties 
 
The Site is surrounded to the north, south, east, and west by vacant and/or agricultural 
land.  Those properties are zoned for rural uses; specifically Rural-43.  The rural zoning districts 
are compatible with the proposed Industrial zoning on this Site because such districts are 
intended to preserve farms and open land uses.  While there are no developed residences in close 
proximity to the Site, any future residential development would be low density (1 dwelling unit 
per acre) and unaffected by Harquahala’s proposed expansion.  Any affects to any properties in 
the area will be positive because the proposed rezoning will ensure the existing facility has the 
mechanical support it needs to run smoothly and maintain its current power generating 
capabilities.  Moreover, many of the nearby properties have changed their Comprehensive Plan 
Land Use designations to “Utilities” and have been identified for solar power uses.  The 
proposed zoning change is appropriate and consistent with the changes that have occurred in the 
area.   
 
D. Location and Accessibility 
 
The Site is located at the southwest corner of 491st Avenue and Thomas Road.  
Employees will have the same travel routes available as they currently have because the Site is 
simply an augmentation of the existing Generating Station site.  For example, the Generating 
Station is located close to the I-10 freeway and employees will still have the option of traveling 
to the Site via the I-10 via Indian School Road to the east or Salome Road to the west.  Nearby 
local streets include 491st Avenue and Courthouse Road.  
 
The Site’s access is not changing.  The Generating Station will still be accessed off 491st 
Avenue.  The proposed development areas will be accessed via internal circulation routes.   
 
E. Circulation System 
 
The onsite circulation has been carefully designed to provide a safe and convenient 
environment for drivers and pedestrians moving throughout the Site.  The existing vehicular 
drives will remain and additional access roads will be added in the vicinity of the new 
evaporation ponds. 
 
F. Development Schedule 
 
The evaporation ponds located south of the existing Generating Station facility will be 
constructed in Phase 1.  Phase 1 is anticipated to take approximately 12 months to complete and 
is anticipated to be complete by the end of 2024’s second quarter.  Additional evaporation ponds 
located to the west of the existing facility will be constructed at a later date based upon need. 
 
G. Community Facilities and Services

There are no adjacent or nearby community parks or amenities.  Hiking and other 
recreational activities are available at Saddle Mountain, the Eagletail Mountains Wilderness, and 
other areas.  The Site is located within the Arlington Elementary School District #47, Buckeye 
Union High School District #1, and Western Maricopa Education Center (West-MEC) public 
school district.  The Site is surrounded by vacant, undeveloped land.  The proposed improvement 
of the Generating Station will not have any negative impacts on any school district, parks or 
other amenities the area.  
 
H. Public Utilities and Services  
 
Water – Central Arizona Project and Private Wells 
Sewer – Septic  
Police – Maricopa County Sheriff 
Fire – Harquahala Valley Fire District 
Gas – El Paso Natural Gas 
Electric – Significantly self-generating; APS when unable to generate our own electricity 
 
I. Development Standards Table 
 
The IND-2 IUPD Development Standards Comparison Table is provided below: 
 
Regulation 
Base Zoning District 
Regulations (IND-2) 
Proposed Zoning 
Regulations (IND-2 IUPD) 
Height 
40’, except any building or 
structure closer than 40’ to 
any rural or residential zone 
boundary shall not exceed the 
distance from said building or 
structure to the zone 
boundary except that no 
building need be less than 10’ 
190’ 
Min. Front Yard  
25’ 
25’ 
Min. Side Yard  
10’ 
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 
35 paved parking spaces 
2 ADA parking spaces 
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  
0 loading & unloading 
spaces

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 setback 
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 
Chain-link fencing and 
gates shall be allowed on the 
perimeter of the project.  
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 
Evaporation ponds shall not 
be located inside enclosed 
buildings 
 
Development Standards Justification for Deviation IND-2 Zoning District 
 
Height: 
 
This is an existing Generating Station with existing buildings and structures.  As such, 
their maximum heights have already been previously approved, constructed, and utilized and 
New Harquahala needs to retain the existing setup.  
 
Parking: 
 
Based on the occupiable building space for employees (12,268 SF)1 the Generating 
Station is only required to have approximately 20 parking spaces plus 1 ADA space – the 
Generating Station has far more.  The existing Generating Station has 35 marked parking spaces 
and 2 marked ADA spaces, which is adequate for its use.  Because the number of employees and 
individuals going to the Site is not increasing, there is no need for additional parking.  Moreover, 
 
1 The employees regularly occupy one administrative/office building located near the entrance of the Site.

the parking area is not included in the proposed development area, therefore, reconfiguring the 
existing area to add parking spaces would be unnecessarily expensive, and disruptive.   
 
Loading Spaces: 
 
The existing Generating Station has approximately 30 unpaved loading areas located 
throughout the Site.  These loading areas are sufficient for New Harquahala’s existing use.  
Because the use and needs are not changing, there is no need to require loading spaces.  
Moreover, as discussed above, the parking area is not included in the proposed development 
area, therefore, reconfiguring the existing area to add loading spaces would be excessively 
expensive and disruptive.  
 
 Landscape Setback: 
 
The industrial nature of the Site and area does not require the same screening and 
buffering created by landscape setbacks that are required by residential or commercial areas.  
That being said, there will be open areas between the public streets and the Generating Station’s 
buildings.  The area along Courthouse Road will be especially open because the proposed 
development does not extend that far south and the areas adjacent to the street will remain 
cultivated fields.  Similarly, the areas adjacent to 499th Avenue to the west will be set aside for 
the future evaporation ponds and existing cultivated fields.  Other than the area consisting of the 
existing Generation Station, the areas adjacent to 491st Avenue to the east will be used for the 
Phase I evaporation ponds and existing cultivated fields.  Accordingly, the majority of the areas 
adjacent to public streets will have significant open areas that will sufficiently buffer the existing 
Generating Station from the public street. 
 
Screening: 
 
Chain link fencing is appropriate for this Site and the industrial nature of the area.  
Furthermore, the proposed development will retain a rural character because it will be mostly 
open space without buildings or other large structures.  Accordingly, the development will not 
require the level of screening provided by a masonry wall as if a number of large buildings were 
being constructed. 
 
Article 902.9.1: 
 
By the very nature of evaporation ponds, the use must be outdoor and cannot be enclosed 
in a building.     
 
J. Conclusion 
 
This proposed rezoning to IND-2 with an IUPD Overlay establishes uses and other 
criteria that are appropriate for the Site and are compatible with the surrounding area.

NEW HARQUAHALA GENERATING COMPANY, LLC 
 
FOR A COMPREHENSIVE PLAN AMENDMENT TO 
CHANGE THE LAND USE DESIGNATION IN THE VISION 
2030 MARICOPA COUNTY COMPREHENSIVE PLAN 
FROM RURAL DEVELOPMENT AREA AND INDUSTRIAL 
TO UTILITIES 
 
Harquahala Power Generating Station 
Narrative  
Approximately 361.31 net acres located 
Southwest corner of 491st Avenue and Thomas Road 
Harquahala Valley within Maricopa County, Arizona 
1st Submittal: October 4, 2022 
2nd Submittal: January 5, 2023 
3rd Submittal: February 28, 2023 
4th Submittal: March 10, 2023 
 
Case No. CPA2022012 
 
 
Prepared by: 
Ed Bull and Ali Bull 
Burch & Cracchiolo, P.A.  
1850 North Central, Suite 1700 
Phoenix, Arizona 85004 
602-234-9913

A. Executive Summary 
 
This request includes approximately 361.31 net acres of New Harquahala Generating 
Company, LLC’s (“New Harquahala”) property located at the southwest corner of 491st Avenue 
and Thomas Road (“Site”).  The Site is currently designated “Industrial” and “Rural 
Development Area.”  New Harquahala requests to amend the designation to “Utilities” to 
facilitate the improvement of the Harquahala Power Generating Station (“Generating Station”).  
Specifically, New Harquahala is planning to add a spare Generator Step Up (“GSU”) 
transformer, Auxiliary transformer, and new evaporation ponds that will provide additional 
wastewater storage volume and evaporative area to provide safe, reliable, and efficient operating 
flexibility to generate electricity.  The additional transformers were previously approved several 
months ago through a Minor Amendment.   
 
The requested amendment is appropriate for the Site and area.  Most of the nearby 
properties are vacant and undeveloped and/or identified for solar uses.  The proposed 
augmentation and amendment will not negatively impact any of the surrounding properties.  On 
the contrary, the Generating Station’s entire service area will benefit.  The proposed 
augmentation will ensure efficient power generation by reducing delays resulting from 
transformer failures.  Because it can take approximately one year to acquire additional 
transformers, the ability to house spare transformers on site will reduce delays resulting from 
transformer failures and ensure the Generating Station returns to full operational force quickly 
and efficiently.   
 
i. 
On-Site and Regional Location 
 
The proposed development Site is located approximately 30 miles west of the city of 
Buckeye in an unincorporated area of Maricopa County.  The Site is situated northeast of Eagle 
Tail Mountains and Northwest of Saddle Mountain less than 3 miles south of Interstate 10.  The 
Site is bound on three sides by rights-of-way – 491st Avenue to the east, Thomas Road to the 
north, and 499th Avenue to the west. 
 
The proposed CPA includes approximately 361.31 acres comprised of APN 506-30-017F 
and a portion of APN 506-30-017E.  The northeast portion of the Site is currently used for the 
existing generating facility while the remainder of the Site is currently vacant and undeveloped. 
 
ii. 
CPA Size and Description of Land Use Types by Acreages  
 
The CPA request incorporates a portion of two parcels totaling 361.31acres.  The current 
zoning is RU-43 and RU-43 SUP.  The current zoning permits the existing generating facility 
and rural uses or low density residential uses (1 dwelling unit per acre).  However, New 
Harquahala has submitted an application to rezone this Site to IND-2 IUPD.

iii. 
Roads/Transportation Systems Serving the Proposed Project 
 
The Site is served by Interstate 10 and a network of streets.  Access to the Site is off 491st 
Avenue, which is accessed by Courthouse Road, south of the Site.  There will be no need for 
road improvements or enhancements because the current access will not change as a result of the 
requested CPA.  The proposed development will be accessed through the existing facility. 
Moreover, traffic will not increase because the number of employees will not increase.     
 
iv. 
Suitability with Surrounding Land Uses  
 
The CPA request is suitable with the Site’s nearby land uses.  The Site is surrounded to 
the north, south, east, and west by vacant or agricultural land.  The existing Generating Station is 
already developed with no negative impacts on the surrounding land uses.  The requested CPA 
will not have a negative impact on the surrounding area, either.  Amending the Site’s designation 
to “Utilities” is appropriate given the existing use and the proposed development’s purpose of 
augmenting and supporting the Generating Station.   
 
The “Utilities” designation is consistent with many of the properties in the area.  As 
shown below, many of the nearby properties are now designated “Utilities.”  Similar to this Site, 
many of the properties have also been identified for power generating uses, specifically solar 
uses.   
 
 
 
B. Whether the Amendment Constitutes an Overall Improvement to Comprehensive 
Plan and Is Not Solely for the Good or Benefit of a Particular Landowner or 
Owners at a Particular Point in Time 
 
The proposed amendment will be an overall improvement to the Comprehensive Plan.  
The current designation of Rural Development Area restricts the development of the Site.  This 
restriction will rob the County of the benefits associated with developing the Site with the 
proposed improvement.  Moreover, given the Generating Station already exists, this proposed 
amendment will greatly match the existing development.  Furthermore, the “Utilities”

designation is consistent with modern-era entitlements and other generating facilities in the 
general area. 
 
The region and local areas benefit from the Generating Station in the form of jobs, 
electricity, revenue, etc.  The Generating Station currently employs approximately 35 individuals 
who work in various capacities to ensure the region’s electricity needs are met.  the Generating 
Station has a nominal capacity to generate electricity up to 1,092 megawatt/hour, which is added 
to the region’s grid and utilized by local residents and businesses.  The requested CPA will 
facilitate New Harquahala’s proposed development intended to augment and improve the 
existing Generating Station to ensure efficient and uninterrupted generation of power is possible 
on the Site. 
   
C. The Amendment Will Not Adversely Impact All or a Portion of Planning Area By: 
 
i. 
Altering Acceptable Land Use Patterns to the Detriment of the Plan 
 
The nearby area is largely vacant and undeveloped.  Existing nearby uses are mostly 
agricultural and/or identified for solar uses and any possible future residential will be low density 
(1 dwelling unit per acre).  Therefore, the proposed amendment will have no negative impacts on 
any of the nearby properties.   
 
The requested CPA will not alter acceptable land use patterns to the detriment of the 
Plan.  The proposed amendment is consistent with existing approved “Utilities” designations in 
the area, as well as the existing use on the Site.  As discussed above, many of the nearby 
properties are already designated “Utilities” and identified for solar power uses.   
 
ii. 
Requiring Public Expenditures for Larger and More Expensive 
Infrastructure 
 
The requested amendment will not require any public expenditures for larger and more 
expensive infrastructure because there will be no infrastructure needs associated with this CPA 
and proposed development.  The Generating Station and the streets needed to access it and other 
infrastructure already exist.  In the event infrastructure improvements are needed, all costs of 
public improvements to roads, sewer or water systems that are needed to support the site shall be 
borne by the developer.   
 
iii. 
Requiring Public Improvements to Roads, Sewer, or Water Systems that Are 
Needed to Support the Planned Land Uses 
 
The proposed CPA will not require any public improvements to roads, sewer, or water 
systems to support the planned land uses.  The Generating Station and required infrastructure 
already exist and will not require improvements as a result of the proposed development meant 
to merely augment the Generating Station.  In the event improvements are needed, New 
Harquahala will pay its fair and reasonable share of the costs.

iv. 
Adversely Impacting Planned Uses Because of Increased Traffic 
 
The requested CPA will not adversely impact the area because of increased traffic.  The 
land use of “Utilities” is unlikely to create additional traffic except during the construction 
period.  There will not be a noticeable increase in traffic related to individuals traveling to the 
Site. 
 
v. 
Affecting the Livability of the Area or Health or Safety of Present and 
Future Residents 
 
The proposed CPA will not adversely affect the livability of the area or health or safety of 
present and future residents.  As discussed above, the nearby properties are largely agricultural, 
undeveloped, and/or identified for solar power uses.  The land use of “Utilities”  will not cause 
undue social, visual, traffic, air quality, water quality, or other impacts which may have a 
negative effect on the livability, health, or safety of the area.   
 
vi. 
Adversely Impacting the Natural Environment or Scenic Quality of the Area 
in Contradiction to the Plan 
 
The requested CPA will not have an adverse impact on the natural environment or scenic 
quality of the area.  The initial application for the original Certificate of Environmental 
Compatibility (CEC) issued April 19, 2000 and amended November 2000 and February 2003 
(Decision Nos: 62655, 62996, and 65654), addressed the US Fish and Wildlife Service 
(USFWS),  Arizona Game and Fish Department (AZGFD) (Section 7 Biological Opinion), and 
Arizona State Historic Preservation Act (SHPO) (Section 106 Review).  A survey that complies 
with both USFWS and AZGFD will be conducted prior to construction resulting in a Biological 
Memorandum.  Any findings will be addressed during the construction. SHPO was addressed 
and approved for the CEC in 2000 of no archaeological sites and verified by Caroline 
Klebacha/Archaeological Compliance Specialist SHPO in an email dated November 10, 2022.    
   
D. Whether the Amendment is Consistent with Overall Intent of the Comprehensive 
Plan 
 
The Vision 2030 Comprehensive Plan looks to balance development and growth with residents’ 
quality of life.  Comprehensive Plan Amendments are approved when such amendments will 
benefit the County as a whole.  It furthers the County’s Mission “to provide regional leadership 
and fiscally responsible, necessary public services so that residents can enjoy living in a healthy 
and safe community.” 
 
For example, the proposed amendment will help the County achieve balanced and 
efficient development patterns throughout the County by focusing many of the region’s power 
generating and other Utilities uses in this area.  The amendment will also help protect the 
public’s health, safety and well-being while also protecting the environment by ensuring the air

quality is preserved during construction of the proposed development and preventing the 
contamination of the local soil and/or groundwater.  Furthermore, the proposed amendment and 
development will be fiscally responsible because there are little to no anticipated costs for 
infrastructure improvements.   
 
The proposed amendment will facilitate the augmentation of the existing Generating 
Station ensuring safe, reliable, and efficient operating flexibility to generate electricity for the 
benefit of County residents in accordance with the Plan’s Mission. 
 
E. The Extent to Which the Amendment is Consistent with the Specific Goals and 
Policies Contained Within the Plan 
 
The proposed amendment and expansion of the Generating Station is consistent with the 
goals and policies of the Comprehensive Plan.  The following goals and policies are furthered by 
New Harquahala’s proposal:  
 
COMP PLAN ELEMENT 
(GOALS/POLICIES) 
CPA CONSISTENCY 
Land Use Goal #1: Achieve balanced 
and efficient development patterns 
New Harquahala’s requested CPA will help the 
County achieve balanced and efficient development 
patterns by ensuring appropriate spacing between 
such Utilities uses and the County’s urban 
environment.   Moreover, the proposed CPA is 
consistent with the nearby properties that are now 
designated “Utilities” and identified for solar power 
uses. 
Land Use Goal #3: Protect public 
health, safety and well-being 
 
New Harquahala’s proposed development will 
protect public health, safety and well-being.  The 
developed portion of the existing Generating Station 
is not changing, therefore there will be no negative 
impacts from building construction or infrastructure 
improvements.  Furthermore, the proposed 
evaporation ponds will be constructed with proper 
lining methods and materials, preventing the 
contamination of nearby soil and/or groundwater.  
Moreover, the public well-being will be protected by 
the continued benefits associated with having access 
to reliable and safe electricity.   
Land Use Policy #33: Maricopa 
County supports using land use buffers 
and compatible land use strategies near 
existing and future high voltage electric 
utility line corridors. 
New Harquahala’s proposed development is 
compatible with the nearby electric utility uses.  The 
existing Generating Station is consistent with the 
surrounding solar power uses; this land use pattern 
is an efficient strategy for providing appropriate

spacing between such electric utility uses and urban 
areas.    
Energy Goal #1: Provide leadership to 
promote environmental quality. 
New Harquahala’s proposed development will 
promote environmental quality by preserving the 
soil and groundwater supply.  The proposed 
evaporation ponds will be constructed with the 
proper lining methods and materials to prevent 
contamination of the soil and/or groundwater. 
Energy Goal #3: Have balanced and 
efficient development patterns. 
 
The requested CPA will encourage the balanced and 
efficient development of the surrounding area.  As 
demonstrated by the growing number of properties 
designated “Utilities,” the area is ideal for the 
energy industry.  The proposed development will 
augment and support the existing Generating Station 
to ensure the Generating Station is capable of 
meeting the region’s power needs by preventing 
operational disruptions caused by mechanical 
failures.   
Transportation Goal #1: Promote and 
protect public health through a safe 
transportation system. 
The proposed development will not have a negative 
impact on the area’s transportation system.  With the 
exception of the construction period, the proposed 
CPA will not generate additional traffic. 
Transportation Policy #11: Maricopa 
County supports National Ambient Air 
Quality Standards (NAAQS) 
compliance. 
The proposed development will maintain 
compliance with NAAQS throughout both phases of 
construction and development.  Reasonable 
measures will be taken to control dust and other 
airborne contaminants associated with construction 
and development. 
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 proposed development will not have a negative 
impact on the region’s water supply.  The proposed 
evaporation ponds will be constructed with proper 
lining methods and materials to prevent the 
contamination of the groundwater and/or soil.  The 
Generating Station is in compliance with the 
Drinking Water program and Water and Wastewater 
Treatment program and nothing will change as a 
result of the proposed evaporation ponds.  The Site 
will not require additional drinking water or 
wastewater resources. 
Environment Policy #4: Maricopa 
County supports innovative project 
design and development techniques 
As stated above, the initial application for the 
original Certificate of Environmental Compatibility 
(CEC) issued April 19, 2000 and amended 
November 2000 and February 2003 (Decision Nos:

that protect important plant and animal 
habitat and migration corridors. 
 
Environment Policy #5: As directed by 
the State Historic Preservation Office 
(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. 
62655, 62996, and 65654), addressed the US Fish 
and Wildlife Service (USFWS), Arizona Game and 
Fish Department (AZGFD) (Section 7 Biological 
Opinion), and Arizona State Historic Preservation 
Act (SHPO) (Section 106 Review).  A survey that 
complies with both USFWS and AZGFD will be 
conducted prior to construction resulting in a 
Biological Memorandum.  Any findings will be 
addressed during the construction. SHPO was 
addressed and approved for the CEC in 2000 of no 
archaeological sites and verified by Caroline 
Klebacha/Archaeological Compliance Specialist 
SHPO in an email dated November 10, 2022. 
Environment Policy #10: Maricopa 
County supports enforcement of its 
Dark Sky Ordinance, and supports 
regional efforts to limit excessive 
nighttime light. 
The Generating Station’s existing lighting supports 
the Dark Sky Ordinance; additional lighting is not 
required on that portion of the Site.  The evaporation 
ponds and transformers will not require excessive 
nighttime light. 
Economic Growth Goal #1: Contribute 
to an effective regional economy. 
The Generating Station contributes to the regional 
economy by supporting local businesses and 
residences and providing essential electricity.   
Economic Growth Policy #5: Maricopa 
County supports programs that attract a 
variety of Basic Sector industry 
clusters that have long-term stable 
growth prospects.  
The nearby area is developing with various energy 
industries, including solar power uses.  The 
requested CPA will support this growth and is 
consistent with the Site’s current energy industry use 
and nearby uses.  
Growth Areas Policy #1: Maricopa 
County supports consistent 
implementation of its urban growth 
area except in the noted instances. 
The Site is located near other sites designated 
“Utilities” and identified for power uses.  Moreover, 
the proposed development is a mere augmentation of 
the existing Generating Station.  Consequently, there 
will be no additional strain on the area’s 
infrastructure or resources.  Given the area’s current 
development and anticipated power generation uses, 
this area is most appropriate for such utility uses that 
will support urban growth located in more 
appropriate areas. 
Water Resources Goal #1: Promote and 
protect public health with a clean water 
supply. 
The proposed evaporation ponds will be constructed 
with the proper lining materials and methods to 
prevent seepage and contamination of the 
groundwater and/or soil. Water conservation 
measures that are employed at the Harquahala 
facility include low water consumptive desert 
compatible landscaping, drip irrigation if/as needed

to sustain landscaping, reduced water evaporation 
from the cooling towers by shutting off  fans during 
non-peak  hours of the day, modification of 
chemicals used in the cooling tower basins to reduce 
make up water requirements, and optimization of the 
performance of the gas turbine inlet evaporative 
coolers to reduce water usage.  The Harquahala 
Project was granted the right to withdraw up to 
62,500 acre-feet of groundwater over a 10-year 
rolling average.  The Arizona Corporation 
Commission granted this right on November 3, 
2000, and by Maricopa County on August 8, 2000 
and has been relied on since it was 
granted.  Assuming a simple average over the 10-
year period, the Harquahala Generating Station is 
allowed to withdraw on an annual basis of 6,250 
acre-feet. The maximum annual water usage was 
2,901 acre-feet in 2016.  As the demand for 
electricity increases, in part because of the increased 
population and in part due to other factors such as 
the phasing-out of coal-fired units at other 
providers’ facilities, it is anticipated that the 
Harquahala facility’s operations (and corresponding 
water withdrawals) will increase to help meet that 
increased demand.  As a result of increased 
operations, Harquahala anticipates its withdrawal 
after the first pond is built will be approximately 
5,000 acre-feet per year.  Moreover, Harquahala 
agrees it will not require withdrawing more than the 
permitted 62,500 acre-feet of groundwater over a 
10-year rolling average.   
Cost of Development Goal #2: New 
development pays its proper and 
reasonable share of the costs of new 
infrastructure, services and other public 
improvements. 
It is anticipated that the proposed development will 
not require any public improvements.  However, if 
improvements are needed, New Harquahala will pay 
its proper and reasonable share of the costs. 
 
Open Space Goal #1: Provide regional 
leadership to promote environmental 
quality, including the preservation of 
open, natural park and recreation lands. 
New Harquahala is not aware of any 
biological/archaeological resources on the Site.  If 
any such resources are identified before or during 
construction, reasonable steps will be taken to 
preserve such resources and the appropriate agencies 
will be contacted.  The proposed development will

not disturb any identified natural park or recreation 
lands; the Site’s development area has already been 
utilized for agricultural purposes.

P: 602.490.0535 / F: 602.368.2436
www.hilgartwilson.com
2141 E. HIGHLAND AVE., STE. 250
PHOENIX, AZ 85016
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working days before you begin excavation
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HARQUAHALA
COOLING POND
FACILITY
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Kevin Bischel, PE 
Planning & Development 
301 W. Jefferson St., Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 372-0966 
www.maricopa.gov/planning 
Email address: 
kevin.bischel@maricopa.gov 
Planning & Development 
 
Engineering Plan Review 
 Date:    
March 23, 2023 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Adam Cannon, Senior Planner, Planning & Development Services 
 
cc: 
Bob Fedorka, PE, Engineering Supervisor, Planning & Development 
 
From: 
Kevin Bischel, PE, Engineering Plans Examiner, Planning & 
Development 
 
Subject:   
Z2022183 – Harquahala Evap. Ponds 
APN(s): 
506-30-017F, Portion of 506-30-017E 
Engineering Review has reviewed the  plan and report routed for review on 
03/03/2023, for the subject application and has no further comments with the following 
stipulations: 
 
1. Engineering review of planning and/or zoning cases is for conceptual design only. All 
development and engineering design shall be in conformance with Section 1205 of 
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction. 
 
2. Based on the conceptual design nature of the information submitted, changes to the 
site layout may be necessitated by the final engineering design of the site’s drainage 
infrastructure. 
 
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the 
application for Building Permits  
 
4. The entire area covered by this planning submittal and its adjacent half-streets’ runoff 
shall be retained onsite. If portions of adjacent right-of-way are controlled by other 
jurisdictions, the adjacent half-streets’ runoff shall be retained unless separately 
addressed by the other jurisdictions.  
 
5. Sufficient retention volume shall be provided onsite to retain the required 100-year, 
2-hour runoff from all contributing areas covered by this planning submittal. 
Retention basins with stormwater depths exceeding one foot shall provide one foot 
of freeboard.  
 
6. All retention basins accepting water from areas covered by this planning submittal 
shall drain within 36 hours per County requirements.

Subdivision Infrastructure & 
Planning Program 
1001 N. Central Avenue #150 
Phoenix, Arizona 85004 
Phone: (602) 506-1058 
Fax: (602) 506-5813  
TDD 602 506 6704 
Maricopa County 
Environmental Services Department 
Water and Waste Management 
DATE: 
October 12, 2022   
 
TO : 
Adam Cannon, Planning & Development Dept. 
 
 
Planner 
 
FROM: 
Souren Naradikian, P.E. 
 
 
Senior Civil Engineer 
 
SUBJECT: Harquahala Power Generating Station. CPA2022012 
 
The Maricopa County Environmental Services Department (MCESD) has reviewed 
revised documents received from the Maricopa County Planning and Development 
Department for the above referenced projects. This request is to add evaporation 
ponds to 1he facility for the proposed amendment that will be an overall 
improvement to the Comprehensive Plan. The current designation of Rural 
Development Area restricts the development of the Site. This restriction will rob the 
County of the benefits associated with developing the Site with the proposed 
improvement. Moreover, given that the Generating Station already exists, this 
proposed amendment will greater match the existing development.at APN # 506-30-
017F and a portion of 506-30-017E. Water service and sewer service will remain the 
same, MCESD has no concerns. 
 
Based on the above, MCESD raised no objection to this project to the Planning & 
Development Department in Accela Automation on October 12, 2022 and can allow 
the project to proceed at this time subject to the following stipulations: 
 
Stipulations:  
None 
 
It should be noted that this document does not approve the referenced project.  
Comments are provided only as advisory to Maricopa County Planning and 
Development Department to assist staff to prepare a staff report.  Other Maricopa 
County agencies may have additional requirements. Final review and approval will be 
made through Planning and Development Department procedures. Applicant may 
need to submit separate applications to the Maricopa County Environmental Services 
Department for approval of proposed facilities regulated by the Department.  Review 
of any such application will be based on regulations in force at the time of application.

Subdivision Infrastructure & 
Planning Program 
1001 N. Central Avenue #150 
Phoenix, Arizona 85004 
Phone: (602) 506-1058 
Fax: (602) 506-5813  
TDD 602 506 6704 
Maricopa County 
Environmental Services Department 
Water and Waste Management 
DATE: 
October 12, 2022   
 
TO : 
Adam Cannon, Planning & Development Dept. 
 
 
Planner 
 
FROM: 
Souren Naradikian, P.E. 
 
 
Senior Civil Engineer 
 
SUBJECT: Harquahala Power Generating Station. Z2022183 
 
The Maricopa County Environmental Services Department (MCESD) has reviewed 
revised documents received from the Maricopa County Planning and Development 
Department for the above referenced projects. This request is to add evaporation 
ponds to the facility for the zone change that will allow an overall improvement to 
the Comprehensive Plan. The current designation of Rural Development Area 
restricts the development of the Site. This restriction will rob the County of the 
benefits associated with developing the Site with the proposed improvement. 
Moreover, given that the Generating Station already exists, this proposed 
amendment will greater match the existing development.at APN # 506-30-017F and 
a portion of 506-30-017E. Water service and sewer service will remain the same, 
MCESD has no concerns. 
 
Based on the above, MCESD raised no objection to this project to the Planning & 
Development Department in Accela Automation on October 12, 2022 and can allow 
the project to proceed at this time subject to the following stipulations: 
 
Stipulations:  
None 
 
It should be noted that this document does not approve the referenced project.  
Comments are provided only as advisory to Maricopa County Planning and 
Development Department to assist staff to prepare a staff report.  Other Maricopa 
County agencies may have additional requirements. Final review and approval will be 
made through Planning and Development Department procedures. Applicant may 
need to submit separate applications to the Maricopa County Environmental Services 
Department for approval of proposed facilities regulated by the Department.  Review 
of any such application will be based on regulations in force at the time of application.

From:
Caroline Klebacha
To:
Adam Cannon (PND)
Subject:
Re: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change with Overlay for Harquahala
Generating Facility
Date:
Monday, February 6, 2023 6:28:00 PM
Hi Adam,
Thank you for sending these documents. The project area has been previously surveyed and no
cultural resources were identified. We have no concerns. 
Thank you, 
Caroline
Caroline Klebacha, M.A.
Archaeological Compliance Specialist
State Historic Preservation Office
A Division of Arizona State Parks & Trails
Please use azshpo@azstateparks.gov for all consultation!
1110 West Washington Street, Suite 100
Phoenix, AZ 85007-2957
Phone:  602-542-7140
Email:  cklebacha@azstateparks.gov
Web:  http://AZStateParks.com/SHPO
On Mon, Jan 9, 2023 at 9:31 AM AZSHPO - AZPARKS <azshpo@azstateparks.gov> wrote:
SHPO-2022-1310 (167240)
---------- Forwarded message ---------
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Date: Fri, Jan 6, 2023 at 5:46 PM
Subject: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change
with Overlay for Harquahala Generating Facility
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Good afternoon all,

This e-mail serves as notification of a 2nd Submittal we have received from Burch &
Cracchiolo, P.A. for a Comprehensive Plan Amendment and Zone Change with Overlay
from Rural-43 to IND-2 IUPD for Harquahala Generating Facility.  Applicable documents
for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx.  You can search for the
case under Planning Services by using the CPA case number CPA2022012 and the Zone
Change case number Z2022183. 
 
Please let me know if you have any questions or concerns.
 
Best regards,
 
Adam Cannon, AICP
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292
adam.cannon@maricopa.gov
 
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.

From:
Caroline Klebacha
To:
Adam Cannon (PND)
Subject:
Re: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change with Overlay for Harquahala
Generating Facility
Date:
Monday, February 6, 2023 6:28:00 PM
Hi Adam,
Thank you for sending these documents. The project area has been previously surveyed and no
cultural resources were identified. We have no concerns. 
Thank you, 
Caroline
Caroline Klebacha, M.A.
Archaeological Compliance Specialist
State Historic Preservation Office
A Division of Arizona State Parks & Trails
Please use azshpo@azstateparks.gov for all consultation!
1110 West Washington Street, Suite 100
Phoenix, AZ 85007-2957
Phone:  602-542-7140
Email:  cklebacha@azstateparks.gov
Web:  http://AZStateParks.com/SHPO
On Mon, Jan 9, 2023 at 9:31 AM AZSHPO - AZPARKS <azshpo@azstateparks.gov> wrote:
SHPO-2022-1310 (167240)
---------- Forwarded message ---------
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Date: Fri, Jan 6, 2023 at 5:46 PM
Subject: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change
with Overlay for Harquahala Generating Facility
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Good afternoon all,

This e-mail serves as notification of a 2nd Submittal we have received from Burch &
Cracchiolo, P.A. for a Comprehensive Plan Amendment and Zone Change with Overlay
from Rural-43 to IND-2 IUPD for Harquahala Generating Facility.  Applicable documents
for review are available on the Online Permit Manager at:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx.  You can search for the
case under Planning Services by using the CPA case number CPA2022012 and the Zone
Change case number Z2022183. 
 
Please let me know if you have any questions or concerns.
 
Best regards,
 
Adam Cannon, AICP
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292
adam.cannon@maricopa.gov
 
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.