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April 6, 2022
Z2021111
Page 1 of 5
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
April 6, 2022
Case #/Title:
Z2021111 – Harquahala Sun
Supervisor District:
5
Applicant/Owners:
Kimley-Horn & Associates – Keith Nichter / CV Harquahala LLC
(C/O HV Sunrise, LLC) & Kawela One LLC (C/O HV Sunrise,
LLC) – Matthew McCaffrey
Request:
Zone Change from Rural-43 to IND-2 IUPD with a Plan of
Development
Site Location:
Generally located at the SWC of the intersection of 483rd
Ave. & Courthouse Rd
Site Size:
Approx. 1,173 acres
County Island Status:
No
Additional
Comments:
The applicant seeks a Zone Change from Rural-43 to IND-2
IUPD with a Plan of Development for the development of a
utility-scale
solar
development
that
will
generate
approximately 150 megawatts (MWs) of electricity along with
battery storage. The proposal complies with the land use
designation of Utilities in the Vision 2030 Maricopa County
Comprehensive Plan. Comments were received by Arizona
Game & Fish Department (AZGFD), Luke Air Force Base (LAFB)
and Arizona State Historic Preservation Office (AZSHPO). Staff
received one (1) letter of opposition from an individual
concerned with the big horn sheep habitat in and around the
Saddle Mountain area and the potential for continuous solar
development to disrupt the habitat. According to the AZGFD,
this site will not have a significant impact on the big horn
sheep in the area. Other comments by AZGFD included
standard construction-related comments for protection of
local wildlife. SHPO requested a cultural resources survey
which has since been completed and is under review by
various state and federal entities with approval of the survey
conditioned by Staff at the time of building permitting. LAFB
requested that the applicant route their proposal through the
Department of Defense siting clearinghouse process. The
applicant has initiated this process and is awaiting the results
of any recommendations. The Commission recommended
April 6, 2022
Z2021111
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approval of a condition that requires the applicant to revise
the site plan if required as a result of those recommendations.
Commission
Recommendation:
On 3/10/22, the Commission voted 7-0 to recommend
approval of Z2021111 subject to revised conditions ‘a’, ‘d.9’
and ‘e’ as presented by Staff.
a.
The initial Plan of Development shall be developed in substantial conformance
with the Site Plan entitled “Harquahala Sun Site Plan” consisting of 17 full-size
sheets, dated March 1, 2022, and stamped received March 1, 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 “Harquahala Sun Narrative Report”, consisting of 14 pages, dated
February 25, 2021, and stamped received March 1, 2022 except as modified by
the following conditions.
c.
The following Planning Engineering conditions shall apply:
1. At the time of application for building permits, the plans or a drainage exhibit
must identify (quantity) offsite flows entering the site,
2. At the time of application for building permits, retention basin design for basins
located in a floodplain must be revised to provide excavated basins.
3. Retention basin volumes must be sized for the 100 year, 2 hour storm event.
Retention basins must drain within 36 hours.
4. At the time of application for building permits, the weighted runoff coefficient
to size retention basins must be verified and be based on C=0.95 for the panels,
C=0.88 for gravel access roads; and C=0.5 for unimproved areas.
5. At the time of application for building permits, detailed grading and drainage
plans must show diversions necessary to direct flows from solar development
site to a retention basin. No flow from the solar development site shall be
permitted to flow directly offsite (unretained).
6. Electrical equipment, including inverters must be elevated to be at or above
the regulatory flood elevation for each respective flood zone; or otherwise
floodproofed.
7. Work with the floodplains will require a floodplain use permit issued concurrent
with the building permits.
8. Extension of the gen-tie across FCDMC owned properties will require
procurement of a Flood Control District R/W permit.
April 6, 2022
Z2021111
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9. Extension of the gen-tie within County (MCDOT) right-of-way may require
procurement of a lease or license to occupy the right-of-way.
10.Driveways C and D along 491st Avenue, south of Courthouse Road must align.
11.The following R/W dedication and preservation will be required. R/W
dedication must occur prior to issuance of building permits.
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a collector roadway
Courthouse Road – 65’ half width right-of-way
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
12.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.
13.Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted
with the application for Final Plat Approval and Building Permits.
14.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.
d.
The following IND-2 IUPD Zoning District standards shall apply:
1. Maximum Electric Transmission Line Height – 140’
2. Maximum Lot Coverage – 60%
3. Parking Spaces Required – None required
4. Loading & Unloading Spaces Required - None required
5. Landscaping – No landscaping strip required
6. Sight Visibility Triangles – No sight visibility triangles are required at project site
entry/access points and road intersection, section line, mid-section line or
alignment corners
7. Article 902.91 – All utility uses shall be permitted to be conducted outdoors
8. Site Enclosure and Screening – Chain-link fencing and gates are permitted
around the perimeter of the site boundaries except that opaque chain-link
fencing with vinyl slats shall be required along any property line abutting a
residential zoning boundary
9. Pavement Required – Pavement not required for parking spaces with approval
of a dust control plan by Maricopa County Air Quality Department.
April 6, 2022
Z2021111
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e.
The applicant shall route their plans through the Department of Defense (DOD)
siting clearinghouse process in accordance with the letter from Luke Air Force Base
dated November 1, 2021. Based on those findings, a revised site plan shall be
submitted in accordance with condition ‘a’ if required.
f.
The Owner or Developer shall address and respond to all recommendations of the
Arizona Game and Fish Department (AZGFD) included in the letter dated February
24, 2022 at the time of construction permitting. The response shall be sent to
AZGFD for review and consideration. The Zoning Inspector and/or their designee
shall review the applicant’s response, and any subsequent comments received
from AZGFD, to determine whether the response issued by the Owner or Developer
addresses AZGFD comments in good faith. Should the Zoning Inspector and/or
their designee decide that the Owner or Developer has not substantially
addressed AZGFD comments in good faith, the Owner or Developer shall be
required to propose and implement alternatives to the recommendations made
by AZGFD.
g.
The Owner or Developer shall receive approval of a Cultural Resource Survey
accordance with the comments received by AZSHPO in the letter dated July 8,
2021 prior to the issuance of building permits.
h.
The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating
facility including ancillary offices and ancillary uses. Any other site uses shall
require a Zone Change Major Amendment.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
j.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
k.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, and at the time of expiration of the Zone Change, 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 the expiration of the Zone Change, 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 Zone
Change. The Zone Change enhances the value of the property above its value
as of the date the Zone Change is granted and reverting to the prior zoning results
in the same value of the property as if the Zone Change had never been granted.
Presented by:
Adam Cannon, AICP, Planner
Reviewed by:
Darren Gerard, AICP, Planning Manager
Attachments:
3/10/22 P&Z Packet (116 pages)
April 6, 2022
Z2021111
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3/10/22 PZ Handout memo (5 pages)
Note:
3/10/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2021111
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021111 – Harquahala Sun
Hearing Date:
March 10, 2022
Supervisor Districts:
5
Applicant:
Kimley-Horn & Associates – Keith Nichter
Owners:
CV Harquahala LLC (C/O HV Sunrise, LLC) & Kawela One LLC (C/O
HV Sunrise, LLC) – Matthew McCaffrey
Request:
Zone Change with Overlay from Rural-43 to IND-2 IUPD with Plan of
Development
Site Location:
Generally located at the SWC of the intersection of 483rd Ave. &
Courthouse Rd
Site Size:
Approx. 1,173 acres
Density:
N/A
County Island:
No
County Plans:
Maricopa County Vision 2030 Comprehensive Plan - Utilities
Municipal Plan:
N/A
Municipal Comments:
N/A
Support/Opposition:
One (1) opposition letter
Recommendation:
Approve with conditions
Z2021111
Page 2 of 13
Project Summary:
1.
Kimley-Horn & Associates is requesting a Zone Change with Overlay from Rural-43 to IND-
2 IUPD with a Plan of Development for a utility-scale solar development project
generating approximately 125 megawatts (MWs) of electricity, along with 1,800
megawatt hours (MWhs) of battery storage. The subject property is designated as a
Utilities land use per Maricopa County’s Vision 2030 Comprehensive Plan following two
Major Comprehensive Plan Amendments approved by the Board of Supervisors on
December 9, 2020 (CPA2020002) and December 8, 2021 (CPA2021007).
2.
It should be noted that the applicant is proposing a site plan (required plan of
development, POD) and is requesting legislative approval of the POD along with rezoning
approval.
3.
The site is comprised of approximately 1,173 acres of eight (8) contiguous parcels. The
applicant submitted applications from the owners authorizing the request for the zone
change. It is anticipated that the parcels will be merged prior to construction
permitting. The applicant is proposing to begin construction in late 2022. The
construction period is expected to employ approx. 240 employees. Up to twenty (20)
seasonal employees will be hired for routine maintenance activities, equipment repair
and equipment replacement. All of the properties within the immediate vicinity of the
project are privately owned.
4.
Nearly all land used for solar energy projects like this are developed for the large fields
of solar collectors that capture the energy through photovoltaic technology. The
subject site is relatively flat and allows for the development of solar energy with little or
no additional grading. There do not appear to be any significant washes on the site.
The general area contains significant local electrical infrastructure including power
generation facilities (nuclear, gas, and solar), transmission lines, substations, and
switchyards. The project’s gen-tie line will transmit power from the project’s substation
to APS Delaney Substation.
5.
The subject site is currently zoned Rural-43. The applicant is requesting to change the
zone to IND-2 IUPD. The base IND-2 zone and requested zoning standards for the IND-2
IUPD district are listed on the next page:
Z2021111
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REGULATION
BASE ZONING DISTRICT
REGULATIONS (IND-2)
PROPOSED ZONING REGULATIONS
(IND-2 IUPD)
Max. Height
40’
40’
Max. Electric
Transmission Line
Height
120’
140’
Min. Front Yard
10’ – 25’
10’ – 25’
Min. Side Yard
3’ - 10’
3’ – 10’
Min. Rear Yard
25’
25’
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
Parking Spaces
Required
1 per 600 sq. ft. of floor area with
5% required to be ADA
None required with a Maricopa
County Air Quality Control
approved dust control plan
Loading & Unloading
Spaces
Article 1103.2 One loading and
unloading space for each
10,000 sq. ft. of floor area, or
fraction thereof, devoted to
such use in the building
None required
Landscaping
Article 901.4.1: All properties
abutting a public street shall
have an open setback area
which shall be landscaped
extending for the full width of
the property
No landscape strip required
Screening
A solid masonry wall not less
than six feet in height shall be
required along and adjacent to
any side or rear property line
abutting any rural or residential
zone boundary, or any alley
abutting such zone boundary.
Further, any access gates shall
be constructed of view-
obscuring material to provide
effective site screening
Chain-link fencing and gates shall
be allowed on the perimeter of
the project. Opaque screening
shall be provided against
residential zones in the form of
vinyl slats.
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
A waiver from Article 902.9 as
applied to solar arrays; they will
not be located inside enclosed
buildings
Z2021111
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6.
The applicant is requesting to vary the parking, pavement, loading/unloading,
landscaping, sight visibility triangle, site enclosure, screening and transmission tower
height requirements. The proposed standards are consistent with other similar utility-scale
solar facilities in this area of the County.
7.
The applicant is requesting to waive landscaping requirements in order to preserve
existing natural desert vegetation. For screening, the applicant has proposed chain-link
fencing in lieu of a 6’ CMU wall abutting rural zoning. Along residential zones the
applicant will provide slatted chain-link fencing with vinyl slats to provide opacity and
screen the proposed substation. Additionally, the applicant is requesting that site uses
be permitted outside of an enclosed building as the nature of the use (solar panels)
requires the use to be conducted outdoors to generate energy.
8.
The applicant is also requesting to vary the required site visibility triangles at all project
site entry/exit points, section line, and mid-section line intersecting alignments. The MCZO
specifies that 25’x25’ sight visibility triangles are to be provided at the property line where
all access points are present and at the corner of properties with an intersection. Sight
visibility triangles are unnecessary at alignments internal to the site. Additionally,
proposed fencing at the intersecting alignments and driveways will not include slats and
thus visibility will not be obstructed. Also, the applicant requested that there be no
parking or loading spaces and that pavement for parking spaces be waived with an
approved dust control plan from Maricopa County Air Quality Control as no regularly
occupied buildings will be placed on site.
9.
There is also a request to vary the standard for electric transmission line height from 120’
to 140’. This is requested because a new gen-tie route is required for the project. While
the majority of the gen-tie route is located outside of the proposed site boundaries, the
applicant notes in their narrative a portion is still connected to the substation. The
applicant states that if the transmission line height were limited to 120’ that less spacing
between poles and additional poles would be required.
Z2021111
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Exhibit 1 – 2018 Aerial Map (More Recent Map Not Available)
Exhibit 2 – Rural-43 Zoning District and Surrounding Zoning Districts
Z2021111
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Exhibit 3 – Site Plan Excerpt
Exhibit 4 – Solar Panel Exhibit
Z2021111
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Existing On-Site and Adjacent Zoning / Land Use:
10.
On-site:
Rural-43 / Vacant; Agricultural
North:
Rural-43 / Vacant; Agricultural
South:
Rural-43 / Vacant; Agricultural
East:
Rural-43, C-2 & R-5 / Vacant; Agricultural
West:
Rural-43 / Vacant; Agricultural
Utilities and Services:
11.
Water:
Private Well or Hauled Water
Wastewater:
Septic
Electric:
APS
School Districts:
Arlington Valley Elementary School District #47
Buckeye Union High School District #1
Fire:
Harquahala Valley Fire District
Police:
MCSO
Solid Waste:
Republic Services
Right-of-Way:
12.
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
Existing R/W
Proposed R/W*
Future Classification*
Courthouse Rd
Varies
65’ (half)
Minor Arterial
483rd Ave
Varies
65’ (half)
Minor Arterial
491st Ave
Varies
40’ (half) 80’ (full)
Minor Collector
499th Ave
Varies
65’ (half)
Minor Arterial
*Right-of-way dedications and preservations will be addressed at the time of
construction permitting.
Adopted Plan:
13.
Maricopa County Vision 2030 Comprehensive Plan: The site is designated as Utilities. The
Utilities designation is for electric generating plants, water, and wastewater treatment
facilities, associated offices and accessory equipment. Under a Utilities designation, the
appropriate zoning district is IND-2.
Public Participation Summary:
14.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject parcel and interested parties. The applicant submitted a Public
Participation Results Report.
15.
According to the Public Participation Results Report, the applicant received two (2)
inquiries from residents and interested parties about the proposed zone change. The
inquiries were both information requests about the site.
Z2021111
Page 8 of 13
16.
The applicant conducted an open house meeting during the Comprehensive Plan
Amendment public outreach period. The applicant elected to not hold a follow-up
meeting for the Zone Change public outreach period as the applicant felt the prior
meeting was sufficient to address concerns.
17.
The Arizona Game and Fish Department (AZGFD) submitted several comments related
to protection of local species such as the Western Burrowing Owl to be addressed at the
time of construction permitting. The Arizona State Historic Preservation Office (AZSHPO)
also submitted comments during the CPA portion requesting a cultural resource survey
to be provided. While this was requested at the time of the zone change and plan of
development, the cultural resource survey is something that is traditionally submitted
after the zone change and plan of development at the time of construction permitting.
The applicant has stated that cultural resource surveys are complete on both generation
site and all gen-tie alternatives. BLM, as lead federal agency, initiated SHPO and Tribal
consultations on February 10, 2022. The results of SHPO and tribal consultation are being
documented in the BLM’s NEPA process.
18.
Luke Air Force Base (LAFB) submitted similar comments to the comments received during
the CPA process regarding the potential for transmission lines to impact flying operations
and is requesting that the applicant route their plans through the DOD Siting
Clearinghouse process. Staff is requiring LAFB’s subsequent approval of the site at the
time of construction permitting. The applicant has initiated the informal review process
as evidenced by the correspondence included with this report.
19.
There is one individual in opposition to the proposed zone change. Staff received a letter
from Mr. Craig Weaver of the Western Desert Association expressing concern about
continuous solar development in the area in and around the Saddle Mountain area and
associated impacts to wildlife. Mr. Weaver feels that Desert Bighorn Sheep will be isolated
around the area and notes that there is also a poaching problem unrelated to the solar
proposal. Additionally, he noted an error in the letter produced by Arizona Game and
Fish Department about the location of the site. Ginger Ritter of AZGFD updated the letter
with the correct location and responded to Mr. Weaver’s concerns about the Desert
Bighorn Sheep. AZGFD stated they do not believe the project will have significant
impacts to bighorn sheep movement in the area and noted Bighorn Sheep tend to take
the shortest distance possible between mountain ranges. Additionally, based on the
topography and the bridges on I-10, most of the bighorn movement would likely occur
east of the project area. Any projects proposed in the undeveloped areas east of the
agricultural fields for this area would have far more significant impacts to Bighorn Sheep,
especially if fenced.
Outstanding Concerns from Reviewing Agencies:
20.
N/A
Staff Analysis:
21.
Maricopa County recognizes the potential environmental and economic benefits that
solar technology can provide. Harquahala Sun will use photovoltaic technology that
generates energy from sun absorption. Photovoltaic technology differs from other
Z2021111
Page 9 of 13
models of solar electric generation that require vast amounts of water to cool the units.
In contrast, very little water is utilized for photovoltaic technology. As a result, this
development would not pose a threat to the groundwater supply.
22.
Staff believes the proposed solar facility is well suited to this rural area, which requires
large amounts of relatively flat land. The majority of the land is flat. Staff agrees with the
applicant that the subject site is suitable due to proximity to electrical transmission lines,
nearby stations and substations, and because the surrounding area is vastly
undeveloped. Staff agrees with the applicant that the project will not detrimentally
affect the visual quality of the area.
23.
The development of solar energy over the past several years in Maricopa County
reinforces the County’s interest in promoting the County as an economic leader for solar
development. Staff believes that Harquahala Sun would add to this effort in a positive
way by providing the potential for 240 temporary construction and 20 seasonal
operation/maintenance jobs.
24.
Staff routed this proposal to LAFB twice. No comments were received on the first routing;
however, Staff received the same comments as received during the CPA process on the
second routing. Staff is concerned about the comments received by LAFB in regard to
flight operations; however, notes that the applicant did initiate an informal review
process through the DOD Clearinghouse process as evidenced in the correspondence
between the applicant and the DOD. As the IUPD overlay allows for Staff to propose
conditions related to the development of the site, Staff is proposing to require that the
applicant submit and receive approval the site plan from LAFB, and that the applicant
may submit a revised site plan for administrative approval if required by LAFB.
25.
Likewise, Staff is including a condition that requires the applicant to address comments
to the satisfaction of AZGFD at the time of construction permitting and to submit a cultural
resources survey to AZSHPO at the time of construction permitting in accordance with
AZSHPO’s comments. Staff notes that other solar developments have been required to
address these issues at that time as well, and that for consistency Staff is requiring the
same.
26.
Staff shares the concerns about the impact on wildlife due to large concentrated solar
development overtaking certain areas. It is why we route solar proposals to expert
agencies like AZGFD as those agencies are best equipped to provide advice to Staff on
wildlife matters. While AZGFD indicated that they do not have concerns about the
potential for impact on animals such as the Bighorn Sheep, they did note an area of
future concern and Staff will take that into account if a proposal is received by any
applicant that encompasses the undeveloped areas east of the site. With that said, Staff
is recommending approval of this zone change request for the reasons noted above,
and the conditions of approval that require comments to be addressed by the various
agencies.
Recommendation:
27.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘k’.
Z2021111
Page 10 of 13
a.
The initial Plan of Development shall be developed in substantial conformance
with the Site Plan entitled “Harquahala Sun Site Plan” consisting of 17 full-size
sheets, dated March 1, 2022, and stamped received March 1, 2022, except as
modified by the following conditions and except that a revised site plan shall be
submitted to Staff and Luke Air Force Base for review and approval if required by
Luke Air Force Base in accordance with Luke Air Force Base comments dated
November 1, 2021. The Plan of Development may be amended administratively
under separate application as long as the amendment complies with the
established IUPD development standards as approved by the Board of
Supervisors. Staff may determine slight refinements to remain in substantial
conformance with the approved site plan. Minor and major amendments to the
site plan will be determined in accordance with Chapter 3 of the Maricopa
County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Harquahala Sun Narrative Report”, consisting of 14 pages, dated
February 25, 2021, and stamped received March 1, 2022 except as modified by
the following conditions.
c.
The following Planning Engineering conditions shall apply:
1. At the time of application for building permits, the plans or a drainage exhibit
must identify (quantity) offsite flows entering the site,
2. At the time of application for building permits, retention basin design for basins
located in a floodplain must be revised to provide excavated basins.
3. Retention basin volumes must be sized for the 100 year, 2 hour storm event.
Retention basins must drain within 36 hours.
4. At the time of application for building permits, the weighted runoff coefficient
to size retention basins must be verified and be based on C=0.95 for the panels,
C=0.88 for gravel access roads; and C=0.5 for unimproved areas.
5. At the time of application for building permits, detailed grading and drainage
plans must show diversions necessary to direct flows from solar development
site to a retention basin. No flow from the solar development site shall be
permitted to flow directly offsite (unretained).
6. Electrical equipment, including inverters must be elevated to be at or above
the regulatory flood elevation for each respective flood zone; or otherwise
floodproofed.
7. Work with the floodplains will require a floodplain use permit issued concurrent
with the building permits.
8. Extension of the gen-tie across FCDMC owned properties will require
procurement of a Flood Control District R/W permit.
Z2021111
Page 11 of 13
9. Extension of the gen-tie within County (MCDOT) right-of-way may require
procurement of a lease or license to occupy the right-of-way.
10. Driveways C and D along 491st Avenue, south of Courthouse Road must align.
11. The following R/W dedication and preservation will be required. R/W
dedication must occur prior to issuance of building permits.
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a collector roadway
Courthouse Road – 65’ half width right-of-way
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
12. 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.
13. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted
with the application for Final Plat Approval and Building Permits.
14. 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.
d.
The following IND-2 IUPD Zoning District standards shall apply:
1. Maximum Electric Transmission Line Height – 140’
2. Maximum Lot Coverage – 60%
3. Parking Spaces Required – None required
4. Loading & Unloading Spaces Required - None required
5. Landscaping – No landscaping strip required
6. Sight Visibility Triangles – No sight visibility triangles are required at project site
entry/access points and road intersection, section line, mid-section line or
alignment corners
7. Article 902.91 – All utility uses shall be permitted to be conducted outdoors
8. Site Enclosure and Screening – Chain-link fencing and gates are permitted
around the perimeter of the site boundaries except that opaque chain-link
fencing with vinyl slats shall be required along any property line abutting a
residential zoning boundary
9. Pavement Required – Pavement not required for parking spaces with approval
of a dust control plan by Maricopa County Air Quality Department. Pavement
shall be required
Z2021111
Page 12 of 13
e.
The Owner or Developer shall receive clearance by Luke Air Force Base in
accordance with the letter dated November 1, 2021, and must receive a
favorable finding from Luke Air Force Base following the process prior to the
issuance of building permits. A revised site plan shall be submitted in accordance
with condition ‘a’ if required.
f.
The Owner or Developer shall address and respond to all recommendations of the
Arizona Game and Fish Department (AZGFD) included in the letter dated February
24, 2022 at the time of construction permitting. The response shall be sent to
AZGFD for review and consideration. The Zoning Inspector and/or their designee
shall review the applicant’s response, and any subsequent comments received
from AZGFD, to determine whether the response issued by the Owner or Developer
addresses AZGFD comments in good faith. Should the Zoning Inspector and/or
their designee decide that the Owner or Developer has not substantially
addressed AZGFD comments in good faith, the Owner or Developer shall be
required to propose and implement alternatives to the recommendations made
by AZGFD.
g.
The Owner or Developer shall receive approval of a Cultural Resource Survey
accordance with the comments received by AZSHPO in the letter dated July 8,
2021 prior to the issuance of building permits.
h.
The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating
facility including ancillary offices and ancillary uses. Any other site uses shall
require a Zone Change Major Amendment.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
j.
The property owner/s and their successors waive claim for diminution in value if
the County takes action to rescind approval due to noncompliance with
conditions.
k.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, and at the time of expiration of the Zone Change, 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 the expiration of the Zone Change, 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 Zone
Change. The Zone Change enhances the value of the property above its value
as of the date the Zone Change is granted and reverting to the prior zoning results
in the same value of the property as if the Zone Change had never been granted.
Z2021111
Page 13 of 13
Presented by:
Adam Cannon, AICP, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 17 pages)
Narrative Report (14 pages)
MCESD Comments (1 page)
Engineering Comments (2 pages)
MCDOT Comments (17 pages)
LAFB Comments (4 pages)
AZGFD Comments (6 pages)
AZSHPO Comments (1 page)
Applicant Correspondence Re: LAFB & SHPO Comments (3 pages)
DOD Clearinghouse Correspondence (3 pages)
BLM Tribal Consultation Letters (30 pages)
Opposition Correspondence (1 page)
Applicant Response to Opposition (3 pages)
MARICOPA COUNTY
Legal Description:
Pt. of Secs. 5, 6 & 7, T1N, R8W
Applicant: Keith Nichter, Kimley-Horn & Associates
P&Z Hearing Date:
March 10, 2022
MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA
Z2021111
Aerial Date: 2018
Case Address: N/A
Parcel: Multiple
SUPERVISORAL DISTRICT NO 5
Zone Change with Overlay from RU-43 to IND-2 IUPD for Harquahala Sun
Phone: 480-207-2666
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C1.0
HARQUAHALA SUN SITE PLAN
150 MWAC
PARCEL PLAN
NTS
PARCEL INFORMATION
VICINITY MAP
PROJECT INFORMATION:
SITE SUMMARY
NO LANDSCAPE
STRIP REQUIRED
NONE REQUIRED WITH
A MARICOPA COUNTY
AIR QUALITY
CONTROL APPROVED
DUST CONTROL PLAN
NONE REQUIRED
NO SVT'S AT PROJECT
SITE ENTRY/EXIT
POINTS, SECTION LINE,
AND MID-SECTION LINE
INTERSECTING
ALIGNMENTS
A WAIVER FROM
ARTICLE 902.9 AS
APPLIED TO SOLAR
ARRAYS; THEY WILL
NOT BE LOCATED
INSIDE ENCLOSED
BUILDINGS
CHAIN-LINK FENCING
AND GATES SHALL BE
ALLOWED ON THE
PERIMETER OF THE
PROJECT. OPAQUE
SCREENING SHALL BE
PROVIDED AGAINST
RESIDENTIAL ZONES
IN THE FORM OF VINYL
SLATS.
140FT
DEVELOPMENT STANDARDS CHART:
COVER
UTILITIES:
BENCHMARK:
BASIS OF BEARING:
FOR IND-2 IUPD (LIGHT INDUSTRIAL ZONING) WITH AN INDUSTRIAL ZONING
PLAN OF DEVELOPMENT
KIMLEY-HORN PROJECT NO.
291565001
CASE REFERENCE NO.
Z2021111
SHEET INDEX
APN
OWNER
Zone
LAND USE
506-23-038A
WPI-HD2 FARM AZ LLC
RU-43
AGRICULTURAL/VACANT
506-29-003A
TONOPAH WEST HORIZON
RU-43
AGRICULTURAL/VACANT
506-29-003H
ALLBEE KAREN
RU-43
AGRICULTURAL/VACANT
506-29-003L
VALPARAISO LLC
RU-43
AGRICULTURAL/VACANT
506-29-003Q
ATIENZO PAUL MICHAEL
RU-43
AGRICULTURAL/VACANT
506-29-003R
BELLO PASCUAL SORIA/BALENCIA MARVELLA
RU-43
AGRICULTURAL/VACANT
506-29-005
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-005
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-006A
WILTSHIRE DAISY J ETAL
RU-43
AGRICULTURAL/VACANT
506-29-024A
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-024B
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-025A
WPI-HD1 FARM AZ LLC
RU-43
AGRICULTURAL/VACANT
506-29-025B
WPI-HD1 FARM AZ LLC
RU-43
AGRICULTURAL/VACANT
506-29-029
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-029
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-030
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-030
CV HARQUAHALA LLC
RU-43
AGRICULTURAL/VACANT
506-29-067
SUNRISE NURSERY LLC LEASE # 01-106014
RU-43
AGRICULTURAL/VACANT
506-30-017E
NEW HARQUAHALA GENERATING COMPANY LLC
RU-43
AGRICULTURAL/VACANT
506-30-018C
ACCOMAZZO JACQUELYNN C TR
RU-43
AGRICULTURAL/VACANT
506-30-023
MELANIE ACCOMAZZO LLC
RU-43
AGRICULTURAL/VACANT
506-30-026A
ACCOMAZZO MARITAL DEDUCTION TR LSE # 01-1610
RU-43
AGRICULTURAL/VACANT
506-58-001B
WEST BUCKEYE WATER CO INC
R-5
WATER UTILITY COMPANIES
506-58-110A
IBARRA DORA
R-5
AGRICULTURAL/VACANT
506-58-110C
WATRO GLORIA SULDAHL/GUZEK JOYANN SULDAHL
R-5
AGRICULTURAL/VACANT
506-58-110D
WATRO GLORIA SULDAHL/GUZEK JOYANN SULDAHL
R-5
AGRICULTURAL/VACANT
506-58-117A
IBARRA FRANCISCO A/NANCI
R-5
AGRICULTURAL/VACANT
506-58-117D
DOROTHY J PULKRABEK REV TRUST/GOOLSBEY JOHN H
R-5
AGRICULTURAL/VACANT
506-58-118A
KNORR MARGARET ANNE
R-5
AGRICULTURAL/VACANT
506-58-118D
GUNDERSON DONNA M TR/NELSON NYMAN J
R-5
AGRICULTURAL/VACANT
506-58-125A
MARTINEZ ERACLIO/RAMOS MARIA E
R-5
RESIDENTIAL
506-58-126
MB MEZZDEV LLC
C-3
AGRICULTURAL/VACANT
506-58-234A
FLORES MARIO GARCIA
RU-43
AGRICULTURAL/VACANT
506-58-235
MCDONALD DESIREE ANN
RU-43
AGRICULTURAL/VACANT
506-58-246
KATARIA 1DW 483 COURTHOUSE 21 LLC
RU-43
AGRICULTURAL/VACANT
506-58-247B
BASAR EDWARD G/CHRISTINE A
RU-43
AGRICULTURAL/VACANT
506-58-259
GARUVA LLC
RU-43
AGRICULTURAL/VACANT
506-58-260
GUERRERO MARIELA
RU-43
AGRICULTURAL/VACANT
506-58-272
LAND DEAL LLC/ARIZONA LAND STORE LLC
RU-43
AGRICULTURAL/VACANT
3
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C1.1
LEGAL DESCRIPTION
AND EASEMENTS
3
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C1.2
LEGAL DESCRIPTION
AND EASEMENTS
ZONING APPLICATION REV.3
3
03/01/2022
N 487TH AVE
491ST AVE
W COURTHOUSE RD (PAVED)
483RD AVE
VAN BUREN ST.
499TH AVE
C2.7
C2.6
C2.5
C2.4
C2.1
C2.2
C2.3
LEGEND
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C2.0
OVERALL
SITE PLAN
NORTH
GEN-TIE ROUTING OPTIONS
NTS
3
499TH AVE
W COURTHOUSE RD (PAVED)
C2.1
C2.2
C2.3
C2.4
C2.5
C2.6
C2.7
KEY MAP
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C2.1
NORTH
ENLARGED
SITE PLAN
LEGEND
MATCHLINE SEE SHEET C2.4
MATCHLINE SEE SHEET C2.2
3
491ST AVE
W COURTHOUSE RD (PAVED)
N 487TH AVE
C2.1
C2.2
C2.3
C2.4
C2.5
C2.6
C2.7
KEY MAP
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C2.2
NORTH
ENLARGED
SITE PLAN
LEGEND
MATCHLINE SEE SHEET C2.5
MATCHLINE SEE SHEET C2.1
MATCHLINE SEE SHEET C2.3
3
483RD AVE
N 487TH AVE
W COURTHOUSE RD (PAVED)
C2.1
C2.2
C2.3
C2.4
C2.5
C2.6
C2.7
KEY MAP
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C2.3
NORTH
ENLARGED
SITE PLAN
LEGEND
MATCHLINE SEE SHEET C2.6
MATCHLINE SEE SHEET C2.2
3
499TH AVE
C2.1
C2.2
C2.3
C2.4
C2.5
C2.6
C2.7
KEY MAP
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C2.4
NORTH
ENLARGED
SITE PLAN
LEGEND
MATCHLINE SEE SHEET C2.7
MATCHLINE SEE SHEET C2.1
MATCHLINE SEE SHEET C2.5
3
VAN BUREN ST.
C2.1
C2.2
C2.3
C2.4
C2.5
C2.6
C2.7
KEY MAP
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C2.5
NORTH
ENLARGED
SITE PLAN
LEGEND
MATCHLINE SEE SHEET C2.2
MATCHLINE SEE SHEET C2.6
MATCHLINE SEE SHEET C2.7
MATCHLINE SEE SHEET C2.4
3
C2.1
C2.2
C2.3
C2.4
C2.5
C2.6
C2.7
KEY MAP
HARQUAHALA SUN
©
BRETT M.
STROUP
54159
C2.6
NORTH
ENLARGED
SITE PLAN
LEGEND
MATCHLINE SEE SHEET C2.5
MATCHLINE SEE SHEET C2.3
3