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June 8, 2022
Z2022015
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
June 8, 2022
Case #/Title:
Z2022015 – Arlington Valley Solar Energy
Supervisor District:
4
Applicant/Owner:
Marilyn Burke / ConEdison
Request:
Special Use Permit (SUP) Modification of Condition(s) of case
Z2009063, as amended via Z2012043, Z2013102 and Z2016059,
to modify condition ‘j’ to preserve ROW for 395th Ave, and
modify condition ‘x’ to extend the SUP to 5/11/2027
Site Location:
Generally located 7,900 feet south of the SWC of Elliot Rd. &
387th Ave. in the Arlington area.
Site Size:
Approx. 1,429 Acres
County Island Status:
N/A
Additional
Comments:
There are no outstanding concerns from reviewing agencies.
There is no known opposition. The amendment will extend the
SUP validity period from May 11, 2022 to May 11, 2027. The
amendment will also preserve a total rights-of-way area half-
width of 65’ for 395th Ave. in the project design.
Commission
Recommendation:
On 5/12/22, the Commission voted 9-0 to recommend
approval of Z2022015 subject to conditions ‘a’ – bb’:
a.
Development of the site shall be in substantial compliance with the Site Plan
entitled "Arlington Valley Solar Energy, LLC", consisting of twelve (12) full-size sheets,
dated February 22, 2022, and stamped received February 28, 2022, except as
modified by the following conditions. Staff may determine slight refinements to
remain in substantial conformance with the approved site plan. Minor and major
amendments to the site plan will be determined in accordance with Chapter 3 of
the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled "Arlington Valley Solar Energy project Narrative Report", consisting
of 35 pages, dated February 11, 2022, and stamped received February 28, 2022,
except as modified by the following conditions.
June 8, 2022
Z2022015
Page 2 of 4
c.
Any special events as described in the narrative report shall be limited to 30
people. The groundbreaking event will exceed this maximum number; however,
the developer will make provisions for off-site parking and shuttle service.
d.
Prior to zoning clearance for any permit, legal access documentation shall be
provided for both the main and emergency access points.
e.
To the extent possible, the applicant shall accommodate Maricopa County's
regional trail system which traverses their site generally along the 387th Ave.
alignment adjacent to Winters Wash as may be deemed necessary by Maricopa
County Parks.
f.
Any existing vegetation along 395th Avenue shall be maintained through
construction and revegetation efforts shall be generally consistent with the
vegetation along the west side of said alignment.
g.
Revegetation along and within Winters Wash shall be consistent with the US Army
Corps of Engineers permitting requirements. In the event that this permit is not
pursued, revegetation along Winters Wash shall be consistent with the Arlington
Valley Energy Land Management Plan approved with CPA200004.
h.
All trees shall be double staked when installed.
i.
All transformers, back-flow prevention devices, utility boxes and all other utility
related ground mounted equipment shall be painted to complement the
development and shall be screened with landscape material where possible. All
HVAC units shall be ground-mounted or screened with a continuous parapet.
j.
Preservation of a right-of-way area to bring the total half-width to 65’ for 395th Ave.
shall be maintained in project design.
k.
Prior to zoning clearance, the applicant/property owner shall obtain the
necessary encroachment permits from the Maricopa County Department of
Transportation [MCDOT) for landscaping or other improvements in the right-of-
way.
l.
The following Maricopa County Environmental Services [MCESD) stipulations shall
be met:
1.
Prior to issuance of the first facility building permit, all required permits for
any required drinking water, sanitary, and industrial wastewater permits by
MCESD and ADEQ must be submitted to the appropriate agency.
2.
No facility operation can begin prior to the approval of the above permits
(issuance of an Approval to Construct) and a construction approval
(Approval of Construction) of the required facilities signed by MCESD.
m.
All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
n.
Development of the site shall· be in compliance with all applicable Maricopa
County Air Quality rules and regulations.
June 8, 2022
Z2022015
Page 3 of 4
o.
An archeological survey shall be submitted to and approved by the Arizona State
Historic Preservation Office prior to issuance of a grading permit. The applicant
must contact the State office prior to initiating disturbance of the site. The
applicant shall provide the Planning and Development Department with written
proof of compliance with this stipulation prior to zoning clearance for any building
permits.
p.
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.
q.
As part of the building permit process, a Floodplain Use Permit will need to be
obtained from the Floodplain Management and Services Division of the Flood
Control District.
r.
Development and use of the site shall comply with requirements for fire protection
measures as deemed necessary by the Arizona Fire & Medical Authority. Prior to
issuance of zoning clearance, the applicant shall seek review and comment from
the applicable fire protection agency, and shall provide written confirmation that
the site will be developed in accordance with their requirements.
s.
The applicant or his successor shall obtain approval of any development plans
from the applicable Fire Marshall prior to any construction.
t.
This Special Use Permit shall expire forty (40) years from the date of approval by
the Board of Supervisors, or upon expiration of the lease to the applicant, or upon
termination of the use, whichever occurs first. All of the site improvements shall be
removed within 90 days of such termination or expiration.
u.
The applicant shall submit an annual written report from the date of approval by
the Board of Supervisors. The status report shall be reviewed by staff to determine
whether the Special Use Permit remains in compliance with the approved
stipulations including maintenance of drainage facilities.
v.
Amendments to the site plan and narrative report shall be processed as a revised
application in accordance with Maricopa County Zoning Ordinance Article 304.9.
w.
Noncompliance with the conditions of approval will be treated as a violation in
accordance
with
the
Maricopa
County
Zoning
Ordinance.
Further,
noncompliance of the conditions of approval may be grounds for the Planning
and Zoning Commission to take action in accordance with Chapter 3 (Conditional
Zoning).
x.
If a building permit for the facility has not been issued by May 11,2027, this SUP and
the related Comprehensive Plan Amendments (CPA200808, CPA2009016,
CPA200917, and CPA200919) will be scheduled for public hearing by the
Maricopa County Board of Supervisors, upon recommendation by the Maricopa
[County] Planning and Zoning Commission, to consider reverting the zoning to
June 8, 2022
Z2022015
Page 4 of 4
Rural-190 and the related land use designations to Open Space and Rural
respectively. Additionally, in the event of reversion, the Land Management Plan
associated with CPA200004 shall be implemented.
y.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval is
temporary and allows the property to enjoy uses in excess of those permitted by
the zoning existing on the date of application, subject to conditions and
stipulations. In the event of the failure to comply with any condition or stipulation,
and at the time of expiration of the Special Use Permit, the property shall revert to
the zoning that existed on the date of application. It is, therefore, stipulated and
agreed that either revocation due to the failure to comply with any conditions or
stipulations, or the expiration of the Special Use Permit, does not reduce any rights
that existed on the date of application to use, divide, sell or possess the property
and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special
Use Permit. The Special Use Permit enhances the value of the property above its
value as of the date the Special Use Permit is granted and reverting to the prior
zoning results in the same value of the property as if the Special Use Permit had
never been granted.
z.
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 Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
aa.
Prior to any ground disturbance activities and prior to the issuance of any
construction permits, the developer shall provide assurance in an amount and
form acceptable to the Maricopa County Planning & Development Department
sufficient to restore or stabilize the entire site in the event the project is abandoned,
expires, or otherwise becomes defunct. Additionally, in the event of reversion, the
Land Management Plan associated with CPA200004 shall be implemented.
bb.
Continued compliance with the conditions of approval for Z2009063 as
applicable.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
5/12/22 P&Z Packet (13 pages)
Note:
5/12/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Case #
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022015 – Arlington Valley Solar Energy
Hearing Date:
May 12, 2022
Supervisor District:
4
Applicant:
Marilyn Burke, ConEdison
Owner:
Arlington Valley Solar Energy, LLC
Request:
Special Use Permit (SUP) Modification of Condition(s) of case
Z2009063, as amended via Z2012043, Z2013102 and Z2016059, to
modify condition ‘j’ to preserve ROW for 395th Ave, and modify
condition ‘x’ to extend the SUP to 5/11/2027
Site Location:
Generally located 7,900 feet south of the SWC of Elliot Rd. & 387th
Ave. in the Arlington area.
Site Size:
Approx. 1,429 Acres
Density:
N/A
County Island:
N/A
County Plan:
Old US Highway 80 Area Plan - Industrial
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Case #
Page 2 of 7
Project Summary:
1.
The purpose of this request is to amend condition ‘j’ on the current SUP for Arlington Valley
Solar Energy, approved with case Z2009063 (as amended by Z2012043 Condition ‘j’,
Z2013102 condition ‘a’ and Z2016059 condition ‘j’, approved by the Board of Supervisors
on May 11, 2011. The site consists of approximately 1,429 acres for a Solar Generation
Facility. The proposed language for condition ‘j’ of the subject case is presented here in
legislative edit format, but based off currently approved Z2016059 language:
j.
Dedication of additional rights-of-way to bring the total half-width dedication to
65’ for 395th Avenue shall occur within six (6) months of approval of this request by
the Board of Supervisors, and prior to zoning clearance. All such dedication shall
be in fee and free of all liens and encumbrances. Prior to acceptance of such
dedication, the applicant shall provide the County an owner’s title insurance
policy issued to the County, the Maricopa County Department of Transportation
(MCDOT) environmental checklist and any and all other requirements as set forth
in the “MCDOT Right-of-Way Dedication Reference Guide”. Until Maricopa
County has accepted said dedications, all responsibilities, including but not limited
to maintenance and repair for the property to be dedicated shall be that of the
applicant. Preservation of a rights-of-way area to bring the total half-width to 65’
for 395th Avenue shall be maintained in the project design.
2.
The 395th Avenue alignment in question is located on property owned by Arizona State
Land Department. Arlington Valley Solar Energy (AVSE) does not own the property and
so it cannot dedicate State land to the County. On May 20, 2021, MCDOT approved a
ROW preservation to satisfy the intention of this condition, consistent with CPA2009016.
3.
The applicant also requests that condition ‘x’ of case #Z2013102 (as amended by
Z2013102 condition ‘b’ and Z2016059 condition ‘z’), be modified to extend the deadline
for building permit acquisition from May 11, 2022 to May 11, 2027. The proposed language
for condition 'x' of the subject case is presented here in legislative edit format, but based
off currently approved Z2013102 language:
x.
If a building permit for the facility has not been issued by May 11,2022 2027, this
SUP and the related Comprehensive Plan Amendments (CPA200808, CPA2009016,
CPA200917, and CPA200919) will be scheduled for public hearing by the
Maricopa County Board of Supervisors, upon recommendation by the Maricopa
[County] Planning and Zoning Commission, to consider reverting the zoning to
Rural-190 and the related land use designations to Open Space and Rural
respectively. Additionally, in the event of reversion, the Land Management Plan
associated with CPA200004 shall be implemented.
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
RU-190 SUP / vacant desert and re-vegetated farmland (proposed
AVSE solar facility)
North:
RU-190 and RU-43 SUP / vacant desert, combined-cycle power plant
(Arlington Valley Energy), transmission lines
South:
RU-190 / vacant undisturbed desert, Centennial Wash, Southern
Pacific RR & farmland
Case #
Page 3 of 7
East:
RU-190 / vacant desert
West:
RU-190 & RU-190 SUP / vacant desert and photo-voltaic solar electric
generation facility (Mesquite Solar)
Utilities and Services:
5.
Water:
On-site wells
Wastewater:
On-site septic
School Districts:
Arlington #47 & Buckeye Union HSD
Fire:
Buckeye Valley Fire District
Police:
MCSO
Right-of-Way:
6.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT)
Major Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
395th Ave
65’
65’
Dedicated 2011-0728435
Adopted Plan:
7.
Old US Highway 80 Area Plan: As amended by CPA 200808, CPA 200916, CPA200917 and
CPA 200919, the Area Plan designates the site as Industrial for a solar energy generation
facility. The proposal is in concert with the amended Area Plan.
Public Participation Summary:
8.
In anticipation of the subject Modification of Conditions, the applicant re-posted the site
in the same general locations as was the case for the previous SUP case, in addition to
sending written notification to area stakeholders. Staff will also send notice of the hearing
to all property owners within 300’ of the property and published legal ad in accordance
with the MCZO. As of the writing of this report, staff is unaware of any public support or
opposition to the application.
Outstanding Concerns from Reviewing Agencies:
9.
N/A.
Staff Analysis:
10.
The purpose of the request is twofold: to modify language regarding right-of-way
dedications that have been completed under MCDOT dedication docket 2011-0728435,
and to extend the Special Use Permit expiration date. Staff supports this request clarifying
land ownership challenges regarding State Trust Land, and the intent of the original
condition has been fulfilled by the right-of-way dedication to MCDOT. The plan to
develop the site as a solar generation facility is appropriate for an area with planned
solar generation uses. Furthermore, this type of development will add skilled employment
Case #
Page 4 of 7
opportunities that will foster economic development in this part of the County and
increases renewable energy sources and reduce dependency on fossil fuels.
Recommendation:
11.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2022015 to modify conditions ‘j’ and ‘x’ of case #Z2013102 subject
to the following conditions ‘a’ – ‘bb’:
a.
Development of the site shall be in substantial compliance with the Site Plan
entitled "Arlington Valley Solar Energy, LLC", consisting of twelve (12) full-size sheets,
dated February 22, 2022, and stamped received February 28, 2022, except as
modified by the following conditions. Staff may determine slight refinements to
remain in substantial conformance with the approved site plan. Minor and major
amendments to the site plan will be determined in accordance with Chapter 3 of
the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled "Arlington Valley Solar Energy project Narrative Report", consisting
of 35 pages, dated February 11, 2022, and stamped received February 28, 2022,
except as modified by the following conditions.
c.
Any special events as described in the narrative report shall be limited to 30
people. The groundbreaking event will exceed this maximum number; however,
the developer will make provisions for off-site parking and shuttle service.
d.
Prior to zoning clearance for any permit, legal access documentation shall be
provided for both the main and emergency access points.
e.
To the extent possible, the applicant shall accommodate Maricopa County's
regional trail system which traverses their site generally along the 387th Ave.
alignment adjacent to Winters Wash as may be deemed necessary by Maricopa
County Parks.
f.
Any existing vegetation along 395th Avenue shall be maintained through
construction and revegetation efforts shall be generally consistent with the
vegetation along the west side of said alignment.
g.
Revegetation along and within Winters Wash shall be consistent with the US Army
Corps of Engineers permitting requirements. In the event that this permit is not
pursued, revegetation along Winters Wash shall be consistent with the Arlington
Valley Energy Land Management Plan approved with CPA200004.
h.
All trees shall be double staked when installed.
i.
All transformers, back-flow prevention devices, utility boxes and all other utility
related ground mounted equipment shall be painted to complement the
development and shall be screened with landscape material where possible. All
HVAC units shall be ground-mounted or screened with a continuous parapet.
Case #
Page 5 of 7
j.
Preservation of a right-of-way area to bring the total half-width to 65’ for 395th Ave.
shall be maintained in project design.
k.
Prior to zoning clearance, the applicant/property owner shall obtain the
necessary encroachment permits from the Maricopa County Department of
Transportation [MCDOT) for landscaping or other improvements in the right-of-
way.
l.
The following Maricopa County Environmental Services [MCESD) stipulations shall
be met:
1.
Prior to issuance of the first facility building permit, all required permits for
any required drinking water, sanitary, and industrial wastewater permits by
MCESD and ADEQ must be submitted to the appropriate agency.
2.
No facility operation can begin prior to the approval of the above permits
(issuance of an Approval to Construct) and a construction approval
(Approval of Construction) of the required facilities signed by MCESD.
m.
All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
n.
Development of the site shall· be in compliance with all applicable Maricopa
County Air Quality rules and regulations.
o.
An archeological survey shall be submitted to and approved by the Arizona State
Historic Preservation Office prior to issuance of a grading permit. The applicant
must contact the State office prior to initiating disturbance of the site. The
applicant shall provide the Planning and Development Department with written
proof of compliance with this stipulation prior to zoning clearance for any building
permits.
p.
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.
q.
As part of the building permit process, a Floodplain Use Permit will need to be
obtained from the Floodplain Management and Services Division of the Flood
Control District.
r.
Development and use of the site shall comply with requirements for fire protection
measures as deemed necessary by the Arizona Fire & Medical Authority. Prior to
issuance of zoning clearance, the applicant shall seek review and comment from
the applicable fire protection agency, and shall provide written confirmation that
the site will be developed in accordance with their requirements.
s.
The applicant or his successor shall obtain approval of any development plans
from the applicable Fire Marshall prior to any construction.
Case #
Page 6 of 7
t.
This Special Use Permit shall expire forty (40) years from the date of approval by
the Board of Supervisors, or upon expiration of the lease to the applicant, or upon
termination of the use, whichever occurs first. All of the site improvements shall be
removed within 90 days of such termination or expiration.
u.
The applicant shall submit an annual written report from the date of approval by
the Board of Supervisors. The status report shall be reviewed by staff to determine
whether the Special Use Permit remains in compliance with the approved
stipulations including maintenance of drainage facilities.
v.
Amendments to the site plan and narrative report shall be processed as a revised
application in accordance with Maricopa County Zoning Ordinance Article 304.9.
w.
Noncompliance with the conditions of approval will be treated as a violation in
accordance
with
the
Maricopa
County
Zoning
Ordinance.
Further,
noncompliance of the conditions of approval may be grounds for the Planning
and Zoning Commission to take action in accordance with Chapter 3 (Conditional
Zoning).
x.
If a building permit for the facility has not been issued by May 11,2027, this SUP and
the related Comprehensive Plan Amendments (CPA200808, CPA2009016,
CPA200917, and CPA200919) will be scheduled for public hearing by the
Maricopa County Board of Supervisors, upon recommendation by the Maricopa
[County] Planning and Zoning Commission, to consider reverting the zoning to
Rural-190 and the related land use designations to Open Space and Rural
respectively. Additionally, in the event of reversion, the Land Management Plan
associated with CPA200004 shall be implemented.
y.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval is
temporary and allows the property to enjoy uses in excess of those permitted by
the zoning existing on the date of application, subject to conditions and
stipulations. In the event of the failure to comply with any condition or stipulation,
and at the time of expiration of the Special Use Permit, the property shall revert to
the zoning that existed on the date of application. It is, therefore, stipulated and
agreed that either revocation due to the failure to comply with any conditions or
stipulations, or the expiration of the Special Use Permit, does not reduce any rights
that existed on the date of application to use, divide, sell or possess the property
and that there would be no diminution in value of the property from the value it
held on the date of application due to such revocation or expiration of the Special
Use Permit. The Special Use Permit enhances the value of the property above its
value as of the date the Special Use Permit is granted and reverting to the prior
zoning results in the same value of the property as if the Special Use Permit had
never been granted.
z.
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
Case #
Page 7 of 7
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
aa.
Prior to any ground disturbance activities and prior to the issuance of any
construction permits, the developer shall provide assurance in an amount and
form acceptable to the Maricopa County Planning & Development Department
sufficient to restore or stabilize the entire site in the event the project is abandoned,
expires, or otherwise becomes defunct. Additionally, in the event of reversion, the
Land Management Plan associated with CPA200004 shall be implemented.
bb.
Continued compliance with the conditions of approval for Z2009063 as
applicable.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Applicant Letter (2 pages)
Planning Engineering comments (1 page)
MCESD comments (1 page/s)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
4
G
ross Acres: 1429 approx.
G
enerated April 22, 2022 13:55 PM
Z2022015
Application Nam
e:
Legal Description
Arlington Valley Solar Energy - PSEIS
Applicant
Case Address
T01S R06W
021,
M
arilyn Burke for Arlington Valley Solar Energy, LLC
13224 S 383RD Ave
Applicant Phone/Em
ail
Parcel Prim
ary:401-46-009
..
burkem
@
conedceb.com
TO
NO
PAH AZ 85354
M
ap scale 1:26,019
Supervisor District No.
M
O
DIFY CO
NDITIO
N "J" TO
PRESERVE RO
W
AREA FO
R 395TH A
VE, AND M
O
DIFY CO
NDITIO
N "X" TO
EXTEND SUP TO
5/11/2027.
5.3585 in
Arlington Valley Solar Energy
Arlington Valley Solar Energy, LLC
c/o ConEdison Clean Energy Businesses
101 West Broadway, Suite 1120
San Diego, CA 92101
Marilyn J. Burke
Director, Project Development
Mobile: 619.316.6273
BurkeM@ConEdCEB.com
January 19, 2022
Ray Banker
Maricopa County Planning and Development
301 W. Jefferson, Suite 170
Phoenix, AZ 85003
Re: Arlington Valley Solar Energy - Special Use Permit Case Z2009063
Dear Mr. Banker,
By this letter and the attached Special Use Permit Modification of Conditions Application,
Arlington Valley Solar Energy, LLC (“AVSE”) hereby requests modifications of Conditions "j"
and "x" of SUP case number Z2009063, as amended.
Condition “j”
Z2009063 Condition “j” (as amended by Z2012043 Condition “j”, Z2013102 condition “a”, and
Z2016059 Condition “j”) presently reads:
“j.
Dedication of additional rights‐of‐way to bring the total half‐width dedication to 65'
for 395th Avenue shall occur on the earlier of a) May 11, 2022, or b) zoning clearance. All
such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance
of such dedication, the applicant shall provide the County an owner's title insurance policy
issued to the County, the Maricopa County Department of Transportation (MCDOT)
environmental checklist and any and all other requirements as set forth in the "MCDOT
Right‐Of‐Way Dedications Reference Guide". Until Maricopa County has accepted said
dedication, all responsibilities, including but not limited to maintenance and repair for the
property to be dedicated shall be that of the applicant.”
The 395th Avenue alignment in question is located on property owned by Arizona State Land
Department. AVSE does not own the property and so it cannot dedicate State land to the County.
On May 20, 2021, MCDOT approved preservation to satisfy the intention of this Condition. This
is consistent with CPA200916. AVSE requests the language of the Z2009063 Condition “j” be
revised as follows:
“j.
Preservation of a rights‐of‐way area to bring the total half‐width to 65' for 395th
Avenue shall be maintained in the project design.”
Maricopa County Planning and Development
January 12, 2022
Page 2
Condition “x”
Z2009063 Condition “x” (as amended by Z2013102 Condition “b” and Z2016059 Condition “z”)
presently reads:
“x.
If a building permit for the facility has not been issued by May 11, 2022, this SUP
and the related Comprehensive Plan Amendments (CPA200808, CPA200916,
CPA200917, and CPA200919) will be scheduled for public hearing by the Maricopa
County Board of Supervisors, upon recommendation by the Maricopa Planning and
Zoning Commission, to consider reverting the zoning to Rural-190 and the related land use
designations to Open Space and Rural respectively. Additionally, in the event of the
reversion, the Land Management Plan associated with CPA200004 shall be implemented.”
An extension is needed to allow for additional time to complete the development of and finalize
commercial arrangements for the project. The timing and sizing of phases of construction will be
determined in response to future customer and market demands that are not precisely defined at
this time. Typical construction duration for a phase is about 18 months; having several years to
build out customer phases is necessary. AVSE requests the language of the Z2009063 Condition
“x” be revised as follows:
“x.
If a building permit for the facility has not been issued by May 11, 2027, this SUP
and the related Comprehensive Plan Amendments (CPA200808, CPA200916,
CPA200917, and CPA200919) will be scheduled for public hearing by the Maricopa
County Board of Supervisors, upon recommendation by the Maricopa Planning and
Zoning Commission, to consider reverting the zoning to Rural-190 and the related land use
designations to Open Space and Rural respectively. Additionally, in the event of the
reversion, the Land Management Plan associated with CPA200004 shall be implemented.”
Please let me know if you have any questions or require additional information.
Best regards,
Marilyn Burke
Director, Project Development
Robert Fedorka, P.E.
Planning & Development
301 W. Jefferson Ave., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
Bob.Fedorka@Maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
February 23, 2022
Memo To:
Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Daniel Johnson. Planner, Planning & Development Services
From:
Robert Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2022015 – SUP Amendment for AVSE - PSEIS
(E1 Memo)
Job Site Address:
13224 S. 383rd Avenue, Tonopah
APN(s):
401-46-009
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st
submittal of the SUP Amendment application routed for review on, February 14, 2022.
PND Engineering has no comments or objections to the requested modification of
conditions related to preservation of right-of-way along 395th Avenue and time extension
to procure building permit(s).
The subject to the following Planning Engineering conditions apply:
1. Preservation of a right‐of‐way area along the site’s 395th Avenue (alignment) frontage
to bring the total half‐width to 65', measured from the section line, shall be
maintained in the project design.
2. 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.
Please contact me if you have any questions or require any additional information.
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
Division
DATE:
February 14, 2022
TO :
Daniel Johnson, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Arlington Valley Solar requests modifications. Z2022015
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development Department
for the above referenced project. This project is the revision of stipulations “x” and “j”
of Special Use Permit (SUP) Z2009063 for the proposed Arlington Valley Solar Energy
I facility. The proposed AV Solar facility would be located on a 2,450-acre irregularly
shaped parcel surrounding the Arlington Valley energy facility near Elliot Road and
379th Avenue, southwest of Wintersburg. The solar technology for the facility has now
been selected as a photovoltaic (PV) facility. A Comprehensive Plan Amendment
(CPA200808) had been approved by MCESD on June 25, 2008. The SUP Z2009063
was approved by MCESD on December 8, 2010. The proposed revisions have no direct
impact on water or wastewater infrastructure requirements. The parcel is not located
in the urbanized unincorporated area and is therefore, not regulated by the Maricopa
County Stormwater Quality Program.
Based on our review of previous similar submittals for solar energy facilities, the
number of onsite operating personnel for a PV system is generally very low and should
not require the creation of a public water system. Any onsite facilities can use a private
well and a septic system for sanitary wastewater management.
If the water system meets the criteria as a Public Water System (serving 25 people or
more for any 60 days in a year), it will have to become a regulated PWS. It is our
understanding that the applicant has already contacted Ms. Korissa Entringer, MCESD
Safe Drinking Water Program Manager at 602-506-6935 for more information on this
process. If a PWS is required at the facility, the water system (wells, distribution and
treatment systems) will require construction approvals from MCESD prior to
construction. The wells and distribution system will be permitted by the Subdivision
Infrastructure & Planning Program; contact Wesley Shonerd, PE at 602-506-0376. (No
applications have been received as of this date.)
The narrative stated that a pre-packaged treatment unit to meet the potable water
requirements. This system will require an Approval to Construct prior to construction
and operation. In addition, the narrative discusses the need for evaporation ponds for
any wastewater from the water treatment process. The evaporation ponds will require
an Aquifer Protection Permit (which the narrative acknowledges) prior to construction.
September 22, 2016
Arlington Valley Solar I SUP extension
Page 2
Water and Waste Management
Division
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-0376
Fax: (602) 506-5813
TDD 602 506 6704
MCESD understands that an initial meeting was conducted with ADEQ on October 1,
2009 regarding the Aquifer Protection Permit requirements. The water treatment
system and, perhaps, the evaporation ponds may require permitting through MCESD
Water and Waste Treatment program; please contact Mr. Dale Bodiya at 602-506-
6670 for more information on permitting requirements. (No applications have been
received as of this date.)
Based on the above, MCESD raises no concern to this project to the Planning &
Development Department in Accela Automation on February 14, 2022 and can allow
the project to proceed at this time subject to the following stipulations:
Stipulations:
1. Prior to issuance of the first facility building permit, all required
permits for any required drinking water, sanitary, and industrial
wastewater permits by MCESD and ADEQ must be submitted to
the appropriate agency.
2. No facility operation can begin prior to the approval of the above
permits (issuance of an Approval to Construct) and a construction
approval (Approval of Construction) of the required facilities
signed by MCESD.
It should be noted that several other Maricopa County agencies must review and
recommend approval of this project. Final approval authority rests with the Maricopa
County Board of Supervisors.