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December 11, 2024
Z240007
Page 1 of 6
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
December 11, 2024
Case #/Title:
Z240007 – Grand Verde Energy Solar Project
Supervisor District:
5
Applicant/Owner:
Dylan Ikkala, APEX Clean Energy / Arizona State Land Department
Request:
Zone change with overlay from Rural-190 and Rural-43 to IND-2
IUPD
Site Location:
Generally located one mile north of the northwest corner of
Highway 85 and Riggs Rd. in the Buckeye area
Site Size:
Approximately 3,343 acres
County Island Status:
Yes (City of Buckeye)
Additional
Comments:
The applicant is requesting a zone change with an overlay from
Rural-190/Rural-43 to IND-2 IUPD on a 3,343 acre site to
accommodate the development of a phased utility-scale
photovoltaic solar panel electric generating facility with a battery
energy storage component. There are no outstanding concerns
from reviewing agencies.
The site is in the Buckeye planning area and their General Plan
designates the site as Rural/Open Space. The City of Buckeye views
the proposed solar facility as a good interim use for the site;
however, in the long term the City envisions this area being
developed for traditional suburban residential or commercial uses
with an activity center for recreational uses of the adjacent Buckeye
Hills Recreation Area. Although the City supports the project, the
City would request that the zoning be conditioned so that upon
cessation of the solar use, the site will revert to the rural zoning
designation. However, reversion cannot be automatic. It requires
public hearing. The power generation use will have a life for many
decades and it’s difficult to consider this an interim use. Since the
automatic reversion is not possible then the City requests that the
IUPD restricts the allowed land use to energy production (e.g. solar,
BESS, or hydrogen). To address the City’s concerns another
condition will restrict the IUPD zoning overlay to restrict land uses
December 11, 2024
Z240007
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on the site to only solar energy production with battery energy
storage and associated uses.
Prior to the Commission hearing staff received two letters of
opposition against this request. The property owners are
concerned about glare, increased ambient heat, chemical run off,
fire risk of the BESS, destruction of the site’s natural state, and how
this proposal goes against the current long range plans for this
area. During the Commission hearing four members of the public
spoke in opposition of this request. Their concerns echoed the
concerns that was expresed in the opposition letters that were sent
before the Commission hearing.
After the Commission hearing staff received a request by the
property owner to make a minor alteration to condition ‘f’ of this
request to the following:
The IND-2 zoning is subject to an Industrial Planned Unit
Development (IUPD) zoning overlay that limits the entitled uses to
solar power generation facilities and ancillary uses, or other uses
determined by both the Planning & Development Department and
the Environmental Services Department as appropriate and that can
accommodate wastewater disposal via an on-site septic systems
until such time as a sanitary sewer is available serving the site. The
IUPD may be deleted or amended to entitle additional uses via a
Modification of Condition application to the Planning &
Commission Development Department but will require property
owner authorization and legislative approval by the Board of
Supervisors after recommendation of the Planning & Zoning
Commission.
Staff concurs with modified condition ‘f’ but it would have to be
included in the Board’s motion for approval.
Commission
Recommendation:
On 11/7/24, the Commission voted 8-0 to adopt a motion
recommending the Board of Supervisors approve Z240007 subject
to conditions ‘a’ – ‘u’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Grand Verde Energy“, consisting of one full-size sheet, dated September 10, 2024,
and stamped received September 13, 2024, except as modified by the following
conditions.
b.
Development of the site shall be in substantial conformance with the narrative report
entitled “Grand Verde Energy Solar Project”, consisting of 20 pages, dated September
2024, and stamped received September 13, 2024, except as modified by the following
conditions.
c.
The landowner or developer shall coordinate with the Arizona Game & Fish Department in
each phase of development to determine best management practices to minimize
impacts on the area’s wildlife. The landowner or developer shall coordinate with the
December 11, 2024
Z240007
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Arizona Game & Fish Department to determine the appropriate wildlife surveys, habitat
surveys, and/or requests that will need to be conducted during the development of the
site.
d.
The following Planning Engineering comments shall apply:
1.
Any new site improvements will require a Plan of Development. The Plan of
Development submittal shall require a Grading and Drainage Plan sealed by a civil
engineer registered in the state of Arizona to show conformance to the County
Drainage Regulations.
2.
Without the submittal of a Plan of Development, no development approval will be
inferred by the engineering review, including, but not limited to drainage design,
access and roadway alignments. These items will be addressed as development
plans progress and are submitted to the County for further review and/or
entitlement.
3.
Any Plan of Development must provide for the required retention volume for the
100 year, two hour storm event, plus one foot of freeboard, for the developed area.
Provide documentation that the retention basin(s) will drain within 36 hours.
(MCZO 1205.7.6-2.a & c).
a. Provide a runoff coefficient based on Table 6.3 of the Maricopa County
Drainage Policies and Standards. Solar facilities of this nature typically come
in at C = 0.65 - 0.7.
b. Historic inflow and outflow drainage locations and characteristics must be
maintained.
4.
The site contains regulated floodplain(s) associated with the Rainbow Wash and
its tributaries. Any work in the floodplain will require a Floodplain Use Permit
issued (through the Planning and Development Department) concurrent with
building permit(s) required for site development.
a. Scour analysis will be required for any pole or similar structure in the
floodplain.
b. Underground utilities crossing the floodplain must be buried below the
calculated scour depth or otherwise protected from scour (i.e. concrete
encasement).
5.
A Traffic Impact Study (TIS) or waiver therefrom shall be required as part of any
plan of development application for this project. MCDOT may require dedication
or preservation of rights-of-way (R/W) of the section (up to 130 feet) and mid-
section (up to 80 feet) alignments adjacent to or through the development site.
This determination will be made during the TIS review process. All perimeter
section line and mid-section line alignments required to be preserved or dedicated
as part of the proposed development require the setback lines to start from a
future half street Right-of-Way of 55- and 40-feet (respectively) per the Maricopa
County Zoning Ordinance Section 11-05.
December 11, 2024
Z240007
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6.
Private utilities that will occupy County R/W require a license in addition to any
construction related permits. This license or waiver therefrom is required prior to
issuance of building permits.
7.
Given the site’s proximity, disturbance within or access to SR-85, the applicant
shall inquire of any concerns with ADOT via their red-letter process (email
redletter@azdot.gov).
8.
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.
9.
All plans and reports should be developed and formatted to document that the
project is designed to meet all County regulations, ordinances, and design
standards. It is incumbent upon the engineer to demonstrate compliance with all
regulatory requirements and County design standards.
e.
The following requested IND-2 IUPD zoning district development standards shall apply:
1.
There shall be no required yards or minimum setbacks for solar panel arrays, but
no structure shall overhang a property line or encroach within any right-of-way.
2.
There shall be no required loading/unloading spaces.
3.
Photovoltaic solar panel arrays shall not contribute to lot coverage calculations.
4.
Within sight-visibility triangles at any intersection on-site chain link fences without
screening materials can exceed a height of two feet.
5.
Photovoltaic solar panel arrays and associated utility uses shall not be enclosed
in a building.
6.
Alternative surfacing materials or other methods approved by Maricopa County Air
Quality to minimize dust pollution shall be allowed in driveways and parking areas.
7.
A minimum of six-foot tall chain link fences and gates without screening materials
with one foot of barbed wire attached to the top shall be allowed adjacent to any
zoning district.
8.
Attached barbed wire or concertina wire shall be permitted under a height of eight
feet for fences and gates but shall remain prohibited above a height of eight feet.
9.
Structures that support high tension electric lines shall have a maximum height of
150 feet.
10.
Battery energy storage systems shall be setback from all lot lines a minimum of
100 feet from battery units to any lot line.
December 11, 2024
Z240007
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11.
The battery energy storage system component of this site shall be screened from
any public roadway with a combination of minimum six foot tall solid wall and
landscaping, as approved by the County Planning and Development Director or
designee.
f.
The IND-2 zoning is subject to an Industrial Planned Unit Development (IUPD) zoning
overlay that limits the entitled uses to solar power generation facilities and ancillary uses,
or other uses determined by both the Planning & Development Department and the
Environmental Services Department as appropriate and that can accommodate
wastewater disposal via an on-site septic systems until such time as a sanitary sewer is
available serving the site. The IUPD may be deleted or amended to entitle additional uses
via a Modification of Condition application to the Planning & Zoning Commission.
g.
Prior to the submittal of any plan of development of this site, archaeological surveys must
be submitted to Arizona State Historic Preservation Office and a copy of the result reports
shall be submitted with any plan of development for this site.
h.
All outdoor lighting shall be in compliance with Section 1112 of the Maricopa County
Zoning Ordinance. Any outdoor lighting shall be placed to reflect light away from any
adjoining rural or residential zoning district.
i.
During construction, the treatment of weeds on the site shall be removed manually and
the use of herbicide to treat weeds must only be used in extreme cases.
j.
Where necessary, any portions of the fencing (including attached barbed wire) that exceed
the maximum eight foot fence height to allow for gaps at the fences base to enable wildlife
movement or drainage shall be allowed on this site.
k.
Any temporary facilities, such as office trailers, laydown yards, containers, constriction
warehousing structures, parking areas, and equipment storage areas must be removed
once construction is completed on this site.
l.
The developer shall work closely with the Arizona Fire and Medical Authority to formalize
a site-specific Emergency Response Plan for the facility.
m.
The developer must coordinate with local fire departments and emergency responders
with fire responses services for this site. Such coordination must include, but be not
limited to emergency response drills, site walk-thru, and locations of equipment,
understanding of roles/responsibilities associated with fire/emergency response.
n.
The battery energy storage system facility shall be compliant with the latest UL9540a and
NFPA 855 requirements or any related future requirements to ensure the safe operation
of the facility. Additionally, the facility shall utilize advance data analytics to assess and
monitor the health of the battery system, to provide advanced warning of any potentially
degraded battery cells and routine inspection for water ingress shall be performed for all
battery energy storage systems. Dry pipes must not be utilized in the battery storage
containers to avoid thermal runaway exposure to personnel or first responders.
o.
There shall be no disturbance or development within the area delineated in the legal
description provided in Attachment A of the Narrative Report, other than access
driveways, transmission lines, gen-tie lines, underground collection lines, and/or other
December 11, 2024
Z240007
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similar facilities as approved by the County Planning and Development Department and
County Flood Control District.
p.
The developer/applicant shall submit, during any plan of development on this site, a copy
of the narrative report and site plan for the specific plan of development to the Department
of Defense Siting Clearinghouse for Energy, Installations, and Environment for review at
the following link: osd.dod-sitting-clearinghouse@mail.mil.
q.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to the
issuance of a building permit, written confirmation shall 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.
r.
Amendment to the zone change shall be processed as a revised application in accordance
with Maricopa County Zoning Ordinance requirements.
s.
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.
t.
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.
u.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall be considered for reversion 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, 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 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:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
11/7/24 P&Z Packet (46 pages)
11/7/24 P&Z Handout (1 page)
11/7/24 P&Z Handout 2 (3 pages)
Note:
11/7/24 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
Z240007
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z240007 – Grand Verde Energy Solar Project
Hearing Date:
November 7, 2024
Supervisor District:
5
Applicant:
Dylan Ikkala, APEX Clean Energy
Owner:
Arizona State Land Department
Request:
Zone change with overlay from Rural-190 and Rural-43 to IND-2 IUPD
Site Location:
Generally located one mile north of the northwest corner of Highway 85
and Riggs Rd. in the Buckeye area
Site Size:
Approximately 3,343 acres
Density:
N/A
County Island:
Yes (City of Buckeye)
County Plans:
State Route 85 Area Plan – Rural Densities (0-1)/Proposed Open Space
Old US Highway 80 Area Plan – Rural Densities (0-1)
Municipal Plan:
Imagine Buckeye 2040 – Rural/Open Space
Municipal Comments:
Buckeye is requesting the following:
-
Entitlement must restrict the uses to public utilities.
-
Screening required for battery storage component from the highway.
-
Manual weed control instead of herbicides.
-
Financial assurances in place to allow the removal of the facility and
restoration of the facility if a part or whole facility is decommissioned.
Support/Opposition:
Three individuals opposed to this request
Recommendation:
Approve with conditions
Z240007
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Project Summary:
1.
The applicant is requesting a zone change with an overlay from Rural-190/Rural-43 to IND-2 IUPD
on a 3,343 acre site to accommodate the development of a phased utility-scale photovoltaic solar
panel electric generating facility with a battery energy storage component. This site also contains
600 acres that are in the City of Buckeye and presently the applicant is working on the entitlement
process with the City. This industrial rezone will allow for the electric production facility and the
IUPD overlay is intended to vary certain development standards due to the unique design of these
types of facilities. The site is located north of Old US 80 and south of the Buckeye Hills. This site
is within the Little Rainbow Valley and is on either side of Highway 85 north of the state prison
ending at the Jojoba Electric Substation in the east.
2.
According the applicant, with all the new manufacturing and technology companies opening
facilities throughout central Arizona necessitates the need for clean renewable energy
production. Moreover, according to the applicant, this site is remote from population centers,
lacks urban services, near a prison, and is only accessible from Highway 85, which makes this
site appropriate for a utility scale solar development especially with proximity existing electrical
infrastructure. Currently, the entire site is on a long term lease with the Arizona State Land
Department (ASLD) and consists of state trust land.
3.
The applicant is proposing to install photovoltaic solar panel modules designed to follow the sun
throughout the day with a maximum height of 20 feet at full rotation. This facility is similar to
many solar energy projects with large arrays of photovoltaic collectors to capture natural solar
rays and convert into alternating current electricity. Once power is generated it will be
interconnected into the regional power grid by a future on-site substation via overhead or
underground electric transmission lines. The site will be enclosed with six-foot tall chain link
fences without screening materials topped with one foot of barbed wire fencing for security.
There will be security lighting that will be shielded and comply with County standards and
international dark sky requirements. This development will have an area reserved for a future
Battery Energy Storage System (BESS) that will contain several lithium battery modules inside
large containers. Additionally, this facility will contain a future Operation/Maintenance facility that
will be generally have approximately three staff members, and a new electric substation. This
proposal will be completed in phases based on current market conditions with individual plan of
developments for each phase that will be approved administratively.
4.
On July 9, 2024, the ASLD entered into a leasing agreement with the developer with conditions
that the site be entitled to allow the land use by Maricopa County for the subject 3,343 acres of
this rezone. Simultaneously, the applicant has a Major Comprehensive Plan Amendment for this
site on this Commission Agenda (CPA2024005) on this same hearing agenda. On September 3,
2024, the applicant meet with the Technical Advisory Committee to discuss the first review of
this case.
5.
The applicant is requesting to vary several development standards for this site. The applicant
justifies these requests due to the unique layout of the site and the general isolation of the site
with very little development. The applicant is requesting to eliminate the required yards for solar
panel arrays to allow for more room on the site for energy production. Additionally, the applicant
is requesting to allow for chain link fences without attached screening materials and attached
barbed wire to top the fences for security. Having transparent fencing instead of solid fences will
not impact the viewshed and keep an open feel for the area. The subject zone change with overlay
to IND-2 IUPD will vary the development standards table listed on the next page.
Z240007
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Z240007
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Aerial-photo and zoning map
Z240007
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Portion of the Zoning Exhibit
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
Rural-190 & Rural-43 / Natural desert
North:
RR (Buckeye) & Rural-43 / Natural desert
South:
Rural-190, Rural-43, R1-10, R1-6, GC (Buckeye) & I-2 (Buckeye)/Natural
desert, agriculture, and future landfill
East:
Rural-43 & RR (Buckeye)/ Natural desert
West:
Rural-190/Natural desert
Utilities and Services:
7.
Water:
Private wells
Wastewater:
Septic system
School Districts:
Buckeye Elementary & Buckeye Union High School Districts
Fire:
Arizona Medical & Fire Authority
Police:
MCZO
Z240007
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Right-of-Way:
8.
Since this is a very large site in an underdeveloped portion of the County without any existing
MCDOT right-of-way, the developer will work closely with MCDOT to determine if any section or
mid-section line alignments throughout the site will require either preservation or dedication of
right-of-way with traffic studies/reports during the plan of development stage.
Adopted Plans:
9.
State Route 85 Corridor Area Plan (adopted August 27, 2003): This area plan designates the site
as Rural Densities (0-1 du/ac) and Open Space. The Rural category identifies areas where single-
family residential development is desirable but unique circumstances dictate the need for lower
densities. The Open Space designation is to preserve areas of natural desert for parks,
recreational areas, mountains, and washes.
10.
Old US 80 Area Plan (adopted May 2007): This area plan designates the western portion of the
site as Rural Densities (0-1 du/ac). This category identifies areas where single-family
development is desirable because urban services are limited or non-existent.
11.
Imagine Buckeye 2040 (ratified August 28, 2018) – This general plan designates the site as Rural
and Open Space. The Rural designation denotes areas that have large-lot residential development
in areas of natural desert, agriculture, or surrounding open space. Development in this designation
should retain the rural character of the area and will be relatively low in densities. The Open Space
denotes both active parks and passive natural areas that are intended for public recreation and
resource conservation.
Public Participation Summary:
12.
The applicant has complied with the requirements stated in Maricopa County’s citizen review
process with the required posting of the site and notification to adjacent property owners within
300 feet of the subject parcel and interested parties via first-class mail. The applicant has
submitted a Public Participation Results Report. According, to this report the applicant received
opposition from one adjacent property owner who has concerns about this future facility. The
property owner is concerned about heat eliminating from the solar panels, impact on sensitive
species in the area, toxic chemicals from the facility leching into the soil, and difficulty accessing
their parcel from Komatke Rd. The applicant emailed and tried to setup virtual meetings with the
property owner to address their concerns; however, the property owner is still opposed to this
request and the associated CPA. Staff have received two opposition letters from a neighboring
property owner of this site. The property owners are concerned about glare, increased ambient
heat, chemical run off, fire risk of the BESS, destruction of the site’s natural state, and how this
proposal goes against the current long range plans for this area.
Outstanding Concerns from Reviewing Agencies:
13.
The City of Buckeye views the proposed solar facility as a good interim use for the site; however,
in the long term the City envisions this area being developed for traditional suburban residential
or commercial uses with an activity center for recreational uses of the adjacent Buckeye Hills
Recreation Area. Although the City supports the project, the City would request that the zoning be
conditioned so that upon cessation of the solar use, the site will revert to the rural zoning
designation. However, reversion cannot be automatic. It requires public hearing. The power
Z240007
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generation use will have a life for many decades and it’s difficult to consider this an interim use.
Since the automatic reversion is not possible then the City requests that the IUPD restricts the
allowed land use to energy production (e.g. solar, BESS, or hydrogen). To address the City’s
concerns another condition will restrict the IUPD zoning overlay to restrict land uses on the site
to only solar energy production with battery energy storage and associated uses.
14.
The City also have a few concerns about the development of the site. One requests is that the
BESS component of the project be screened from any adjacent public streets/SR 85 by a
combination of a solid wall or landscaping. Staff will add this as a condition of approval for this
zoning case. Another request is that no herbicides be used on the property and that vegetation
be manually removed. This type of business operation stipulation is inappropriate as a condition
/ development standard of the IND-2 IUPD zoning district, but staff will seek to require manual
removal only of vegetation during construction. Finally, the City is suggesting financial
assurances that will be in place to facilitate the restoration of the site if the operator abandons
the site. This was done in the past when solar generating facilities were a new type of
development in the County. However, since these types of developments are common in the
County and difficult to enforce, staff no longer requires assurances during a decommissioning
process.
Staff Analysis:
15.
Staff supports this zone change on this site since the development of clean alternative energy
production such as solar collection does not produce greenhouse gas emissions or negatively
affect air quality. Additionally, the economic benefits of both the initial development and the long-
term would be beneficial to this portion of the County. The trading of electricity that will be
produced from the site will also be a sustainable economic benefit for the western region of the
United States. Grand Verde Energy Solar Project will utilize photovoltaic technology panels that
will follow the sun throughout the day constantly absorbing solar energy as a direct current and
converting it to alternating current for electricity distribution onto the electric grid. Additionally,
the use of the battery storage will be able to store electricity for distribution on cloudy days or in
the evening will be an added benefit of this facility. Unlike other energy production that requires
large amounts of water and fossil fuels, photovoltaic solar generation needs only a small amount
of water to occasionally clean the solar panels and no need for fossil fuels during the day-to-day
operation of the facility.
16.
Staff believes that photovoltaic solar generation facilities are compatible with rural areas,
especially on sites that are isolated from any dense residential development. These types of
facilities generally require flat terrain and access to electric transmission lines with adjacent
electrical substations which makes this site a preferred location. Since this site is located
adjacent to electrical substations and transmission lines staff believe this facility will have a
minimal impact in the immediate area. Since this area is next to a state prison and a landfill makes
the industrial zoning on this site for energy production very compatible for this site. Staff believe
that the requested development standards are reasonable and are consistent with recently
approved photovoltaic solar generation facilities in this part of the County.
Recommendation:
17.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z240007 subject to the following conditions ‘a’ – ‘u’:
Z240007
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a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Grand Verde Energy“, consisting of one full-size sheet, dated September 10, 2024,
and stamped received September 13, 2024, except as modified by the following
conditions.
b.
Development of the site shall be in substantial conformance with the narrative report
entitled “Grand Verde Energy Solar Project”, consisting of 20 pages, dated September
2024, and stamped received September 13, 2024, except as modified by the following
conditions.
c.
The landowner or developer shall coordinate with the Arizona Game & Fish Department in
each phase of development to determine best management practices to minimize
impacts on the area’s wildlife. The landowner or developer shall coordinate with the
Arizona Game & Fish Department to determine the appropriate wildlife surveys, habitat
surveys, and/or requests that will need to be conducted during the development of the
site.
d.
The following Planning Engineering comments shall apply:
1.
Any new site improvements will require a Plan of Development. The Plan of
Development submittal shall require a Grading and Drainage Plan sealed by a civil
engineer registered in the state of Arizona to show conformance to the County
Drainage Regulations.
2.
Without the submittal of a Plan of Development, no development approval will be
inferred by the engineering review, including, but not limited to drainage design,
access and roadway alignments. These items will be addressed as development
plans progress and are submitted to the County for further review and/or
entitlement.
3.
Any Plan of Development must provide for the required retention volume for the
100 year, two hour storm event, plus one foot of freeboard, for the developed area.
Provide documentation that the retention basin(s) will drain within 36 hours.
(MCZO 1205.7.6-2.a & c).
a. Provide a runoff coefficient based on Table 6.3 of the Maricopa County
Drainage Policies and Standards. Solar facilities of this nature typically come
in at C = 0.65 - 0.7.
b. Historic inflow and outflow drainage locations and characteristics must be
maintained.
4.
The site contains regulated floodplain(s) associated with the Rainbow Wash and
its tributaries. Any work in the floodplain will require a Floodplain Use Permit
issued (through the Planning and Development Department) concurrent with
building permit(s) required for site development.
a. Scour analysis will be required for any pole or similar structure in the
floodplain.
Z240007
Page 9 of 12
b. Underground utilities crossing the floodplain must be buried below the
calculated scour depth or otherwise protected from scour (i.e. concrete
encasement).
5.
A Traffic Impact Study (TIS) or waiver therefrom shall be required as part of any
plan of development application for this project. MCDOT may require dedication
or preservation of rights-of-way (R/W) of the section (up to 130 feet) and mid-
section (up to 80 feet) alignments adjacent to or through the development site.
This determination will be made during the TIS review process. All perimeter
section line and mid-section line alignments required to be preserved or dedicated
as part of the proposed development require the setback lines to start from a
future half street Right-of-Way of 55- and 40-feet (respectively) per the Maricopa
County Zoning Ordinance Section 11-05.
6.
Private utilities that will occupy County R/W require a license in addition to any
construction related permits. This license or waiver therefrom is required prior to
issuance of building permits.
7.
Given the site’s proximity, disturbance within or access to SR-85, the applicant
shall inquire of any concerns with ADOT via their red-letter process (email
redletter@azdot.gov).
8.
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.
9.
All plans and reports should be developed and formatted to document that the
project is designed to meet all County regulations, ordinances, and design
standards. It is incumbent upon the engineer to demonstrate compliance with all
regulatory requirements and County design standards.
e.
The following requested IND-2 IUPD zoning district development standards shall apply:
1.
There shall be no required yards or minimum setbacks for solar panel arrays, but
no structure shall overhang a property line or encroach within any right-of-way.
2.
There shall be no required loading/unloading spaces.
3.
Photovoltaic solar panel arrays shall not contribute to lot coverage calculations.
4.
Within sight-visibility triangles at any intersection on-site chain link fences without
screening materials can exceed a height of two feet.
5.
Photovoltaic solar panel arrays and associated utility uses shall not be enclosed
in a building.
6.
Alternative surfacing materials or other methods approved by Maricopa County Air
Quality to minimize dust pollution shall be allowed in driveways and parking areas.
Z240007
Page 10 of 12
7.
A minimum of six-foot tall chain link fences and gates without screening materials
with one foot of barbed wire attached to the top shall be allowed adjacent to any
zoning district.
8.
Attached barbed wire or concertina wire shall be permitted under a height of eight
feet for fences and gates but shall remain prohibited above a height of eight feet.
9.
Structures that support high tension electric lines shall have a maximum height of
150 feet.
10.
Battery energy storage systems shall be setback from all lot lines a minimum of
100 feet from battery units to any lot line.
11.
The battery energy storage system component of this site shall be screened from
any public roadway with a combination of minimum six foot tall solid wall and
landscaping, as approved by the County Planning and Development Director or
designee.
f.
The IUPD overlay shall limit entitled use in this IND-2 IUPD zoning district to a photovoltaic
solar electric generation facility including any ancillary uses (such as battery energy
storage systems, operation/maintenance building, electric substation/transmission lines,
etc.). Any other uses on the site shall require a zone change major amendment.
g.
Prior to the submittal of any plan of development of this site, archaeological surveys must
be submitted to Arizona State Historic Preservation Office and a copy of the result reports
shall be submitted with any plan of development for this site.
h.
All outdoor lighting shall be in compliance with Section 1112 of the Maricopa County
Zoning Ordinance. Any outdoor lighting shall be placed to reflect light away from any
adjoining rural or residential zoning district.
i.
During construction, the treatment of weeds on the site shall be removed manually and
the use of herbicide to treat weeds must only be used in extreme cases.
j.
Where necessary, any portions of the fencing (including attached barbed wire) that exceed
the maximum eight foot fence height to allow for gaps at the fences base to enable wildlife
movement or drainage shall be allowed on this site.
k.
Any temporary facilities, such as office trailers, laydown yards, containers, constriction
warehousing structures, parking areas, and equipment storage areas must be removed
once construction is completed on this site.
l.
The developer shall work closely with the Arizona Fire and Medical Authority to formalize
a site-specific Emergency Response Plan for the facility.
m.
The developer must coordinate with local fire departments and emergency responders
with fire responses services for this site. Such coordination must include, but be not
limited to emergency response drills, site walk-thru, and locations of equipment,
understanding of roles/responsibilities associated with fire/emergency response.
Z240007
Page 11 of 12
n.
The battery energy storage system facility shall be compliant with the latest UL9540a and
NFPA 855 requirements or any related future requirements to ensure the safe operation
of the facility. Additionally, the facility shall utilize advance data analytics to assess and
monitor the health of the battery system, to provide advanced warning of any potentially
degraded battery cells and routine inspection for water ingress shall be performed for all
battery energy storage systems. Dry pipes must not be utilized in the battery storage
containers to avoid thermal runaway exposure to personnel or first responders.
o.
There shall be no disturbance or development within the area delineated in the legal
description provided in Attachment A of the Narrative Report, other than access
driveways, transmission lines, gen-tie lines, underground collection lines, and/or other
similar facilities as approved by the County Planning and Development Department and
County Flood Control District.
p.
The developer/applicant shall submit, during any plan of development on this site, a copy
of the narrative report and site plan for the specific plan of development to the Department
of Defense Siting Clearinghouse for Energy, Installations, and Environment for review at
the following link: osd.dod-sitting-clearinghouse@mail.mil.
q.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to the
issuance of a building permit, written confirmation shall 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.
r.
Amendment to the zone change shall be processed as a revised application in accordance
with Maricopa County Zoning Ordinance requirements.
s.
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.
t.
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.
u.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall be considered for reversion 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, 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 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:
Martin Martell, Planner
Reviewed by:
Rachel Applegate, Acting Planning Supervisor
Z240007
Page 12 of 12
Attachments:
Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (20 pages)
DPR comments (2 pages)
LAFB comments (2 pages)
Buckeye comments (1 page)
Opposition Letters (5 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 2,335 approx.
Generated October 23, 2024 12:43 PM
Z240007
Application Name:
Legal Description
Grand Verde Energy Solar Project
Applicant
Case Address
Tristen Utic
27600 W RIGGS RD
Applicant Phone/Email
Parcel Primary:
(760) 622-5566
tutic@kpenvironmental.com
BUCKEYE, AZ 85326
Map scale 1:84,953
Supervisor District No.
The Applicant requests to rezone approximately 3,402 acres of State Trust Land from rural
zoning (RU-190 and RU-43) to Industrial (IND-2), with an Industrial Unit Plan of Development
OLD US 80
283RD AVE
ENTERPRISE RD
BRUNER RD
317TH AVE
PATTERSON RD
Legend
Map
Extent
ARIZONA
Maricopa County
Author: tlu
Date: 09.10.24
Grand Verde Energy
Map Extent: Maricopa County, Arizona
Zoning Exhibit
0
0.25
0.5
0.75
1
Miles
°
State Plane Coordinate System
North American Datum 1983
Arizona Central
Linear Unit: Foot US
")
R1-6 (Single Family Residentail
6,000 sq ft per dwelling)
Grand Verde Energy
Solar Project Boundary
!
!
!
Existing 500 kV Transmission
Line
Road
El Paso Natural Gas Line
!
!
!
Existing 230 kV Transmission
Line
!
!
!
Existing 69 kV Transmission
Line
Existing Zoning Designations
R1-8 (Single Family Residential
8,000 sq ft per dwelling)
R1-10 (Single Family Residential
10,000 sq ft per dwelling)
RU-43 (Rural One
Acre Per Dwelling Unit)
RU-190 (Rural 190,000
sq ft per dwelling)
C-O (Commercial Office)
C-S (Planned Shopping Center)
El Paso Natural Gas Line
R-2 (Limited Multiple
Family Residential)
Jojoba Substation
B u c k e y e
B u c k e y e
Grand Verde Energy Solar Project
City of Buckeye
Gila River
Rainbow Wash
Arizona State Prison
Republic Services
Southwest Regional
Landfill
B u c k e y e
B u c k e y e
Industrial (IND-2)
Z240007
1:40,000
¬«
85
RECEIVED
13.SEP 24
IND-2 IUPD (Proposed Industrial)
Grand Verde Energy Solar Project
IND-2 (Industrial) Zone Change and
Industrial Unit Plan of Development (IND-2 IUPD)
Narrative Report
Z240007
Submitted to:
Maricopa County
Planning and Development Department
September 2024
RECEIVED 13.SEP 24
Z240007
TABLE OF CONTENTS
1.0
Introduction ..................................................................................................................................................... 3
1.1
Project Name ...................................................................................................................................................... 3
1.2
Applicant ............................................................................................................................................................. 3
2.0
Purpose of Request .......................................................................................................................................... 3
2.1
Industrial Unit Plan of Development .................................................................................................................. 4
2.1.1
Justifications for Proposed Zoning District Standards ..................................................................................... 7
3.0
Description of Proposal .................................................................................................................................... 8
3.1
Overview ............................................................................................................................................................. 8
3.2
Solar Field ........................................................................................................................................................... 9
3.3
Battery Energy Storage System .......................................................................................................................... 9
3.4
Interconnection Facilities ................................................................................................................................... 10
3.5
Landscaping ...................................................................................................................................................... 10
3.6
Operation and Maintenance............................................................................................................................. 10
3.6.1
Site Security and Lighting .............................................................................................................................. 11
3.6.2
Weed Management ...................................................................................................................................... 11
4.0
Relationship to Surrounding Properties .......................................................................................................... 12
5.0
Location and Accessibility .............................................................................................................................. 12
6.0
Circulation System ......................................................................................................................................... 13
7.0
Development Schedule .................................................................................................................................. 13
7.1
Phasing Schedule .............................................................................................................................................. 13
8.0
Community Facilities and Services .................................................................................................................. 14
8.1
Emergency Response Plan ................................................................................................................................ 14
9.0
Public Utilities and Services ............................................................................................................................ 14
9.1
Fire Protection .................................................................................................................................................. 14
9.2
Police Protection............................................................................................................................................... 15
9.3
Water and Wastewater Resources ................................................................................................................... 15
9.4
Electric .............................................................................................................................................................. 15
10.0
Drainage and Grading .................................................................................................................................... 15
10.1
Drainage Design ................................................................................................................................................ 15
10.2
Grading Design ................................................................................................................................................. 16
11.0
Environmental Impacts .................................................................................................................................. 16
11.1
Noise ................................................................................................................................................................. 16
11.2
Air Quality ......................................................................................................................................................... 16
11.3
Visual Resources ............................................................................................................................................... 17
11.4
Biological Resources ......................................................................................................................................... 17
12.0
Conformance with the Comprehensive Plan ................................................................................................... 17
13.0
Conclusion ..................................................................................................................................................... 17
Attachment A (Legal Description of Rainbow Wash Open Space Non-Disturbance Area)................................................... 18
3
1.0
Introduction
This narrative provides the required information to support a rezoning request for approximately
3,343 acres of State Land Trust to allow the development of a utility scale solar energy generation
project (Project) in unincorporated Maricopa County. The Project will be located on both sides of
State Route 85 approximately 12 miles south of I-10 (Subject Property) in the vicinity of the Jojoba
Substation and significant existing electrical utility infrastructure.
Arizona is currently experiencing significant new growth with a wide array of employment
opportunities bringing in new residents. While growth naturally increases infrastructure needs, the
manufacturing and hi-tech companies opening facilities throughout central Arizona create
particularly high demand for electrical power. At the same time, many of the State’s coal plants
are being retired. In order to meet this increasing energy demand under existing conditions,
central Arizona’s electrical utilities are requesting proposals for multiple gigawatts of new power
generation, with a focus on renewable resources. Additionally, limited water availability has left
vacant lands underutilized. Solar energy generation presents a low-water use that aids in
supplying the electricity needs for growth throughout the County.
The Subject Property also has limited potential for more traditional development at this time
because of its remoteness from population centers, lack of services, and limited accessibility, with
its only frontage on a significant existing roadway being near a prison and a landfill. On the other
hand, the Subject Property is ideal for utility-scale solar development because of its proximity to
grid infrastructure. The Project will make economically beneficial use of otherwise idle land and
provide increased tax revenue, long-term lease revenue for the State Trust, approximately 400
temporary construction jobs, and up to three full-time jobs. This rezoning request is necessary to
allow the proposed development to move forward and make productive use of this vacant land.
1.1
Project Name
The name of the project is the Grand Verde Energy Solar Project, hereafter referred to as
Grand Verde or the Project in this narrative report.
1.2
Applicant
The Applicant is Grand Verde Energy, LLC, an indirectly owned subsidiary of Apex Clean
Energy Holdings, LLC (Apex). Apex is an independent renewable energy company with a
national footprint that has commercialized 10 GW of solar, wind, and BESS facilities that are
now in operation.
2.0
Purpose of Request
The Applicant requests to rezone approximately 3,343 acres of State Trust Land from rural
zoning (RU-190 and RU-43) to Industrial (IND-2), with an Industrial Unit Plan of Development
(IUPD), to allow the development of photovoltaic (PV) solar energy generation and battery
energy storage system (BESS) facilities. The Subject Property is located in unincorporated,
western Maricopa County in the vicinity of Old U.S. Highway 80 and State Route 85. The
Project will be located on approximately 3943 acres of State Trust Land on both sides of State
4
Route 85 approximately 12 miles south of I-10, with 3,343 acres in unincorporated Maricopa
County and 600 acres in the City of Buckeye. Only the 3,343 acres in unincorporated Maricopa
County are subject to this Zone Change with Overlay application. This Project site is
appropriate because of its proximity to significant existing power generation projects and
energy infrastructure in the vicinity of the Palo Verde Nuclear Generating Station (PVNGS)
including several approved and existing solar projects, which improves efficiency and
minimizes the need for new off-site transmission construction. While the Subject Property’s
distance from population centers limits its traditional development potential, this remoteness
is a benefit for the proposed Project. Further, the Project would not strain other infrastructure,
as solar projects have only minimal water use and traffic generation.
Prior to the submittal of this Zone Change with Overlay application, the Applicant has filed a
Major Comprehensive Plan Amendment (CPA) to redesignate the site to a plan designation
suitable for solar and BESS development. This CPA will change the land use designations on
the Subject Property in the State Route 85 Area Plan from Rural Densities (0-1 du/ac) and
Proposed Open Space to Utilities and in the Old US Highway 80 Area Plan from Rural
Residential (0-1 du/acre) to Utilities.
The Applicant’s plan for timing of the Project is to construct it once the offtake agreement is
secured and requisite permits and approvals have been received from Maricopa County and
the City of Buckeye. This Zone Change with Overlay application as well as the corresponding
CPA are the first steps in preparing this Project site for development. The Applicant will
develop this Project in response to market demand.
2.1
Industrial Unit Plan of Development
To develop the Project as planned, the Applicant is seeking modifications from County
development standards using the overlay zoning district IUPD mechanism. According to the
Maricopa County Zoning Ordinance, the purpose of the IUPD is to allow variations to
development standards for industrial projects that require special design techniques or
flexibility due to topography, innovative or sustainable project design, or other considerations.
The majority of these modifications are related to the remote nature of this site. As a result,
the Applicant does not intend to develop the mile or half-mile street alignments through the
site, and therefore, typical street development standards including setbacks, improved
landscaping, fencing and site visibility triangles (SVTs) are not necessary. The specific
modifications of County development standards are set forth in Table 1 below, and
justifications for the modifications are discussed in Section 2.1.1.
5
Table 1 – Grand Verde Energy Solar Project IUPD Modifications to
Development Standards
Regulation
Base IND-2 Zoning District
Standards
Proposed IND-2 IUPD
Zoning District Standards
Front Yard
10’-15’**-
20’***-25’*.
0’ for solar panels with no
structure overhand
Side Yard
0-10’*
0’ for solar panels with no
structure overhand
Rear Yard
0’-25’*
0’ for solar panels with no
structure overhand
Loading and Unloading
Article 1103.2 one loading and
unloading space for each 10,000
square feet of floor area, or
fraction thereof, devoted to such
use in the building.
None.
Maximum Lot Coverage
60%
60%
Solar arrays would not
count towards lot coverage
calculations.
Sight Visibility Triangles
(SVTs)
No obstructions over 2’ in height
within 25’ x 25’ SVTs.
Within sight visibility
triangles at any intersection
on-site chain-link fences
without screening materials
can exceed a height of 2’.
Paving
Article 1102.7.1. For other than
one single-family dwelling unit or
one mobile home on a lot of
record, any parking area must be
paved or in the alternative
surfaced with aggregate base
course material.
Alternative surfacing
materials or methods
approved by Maricopa
County Air Quality to
minimize dust pollution may
be used in driveways and
parking areas.
Site Enclosure and
Screening
Minimum 6’ concrete masonry unit
wall adjacent to rural and
residential zoning boundaries and
for outdoor use of an industrial
nature.
Minimum 6’ tall chain-link
fences without screening
materials adjacent to
rural/residential zoning
boundaries, including
attached barbed wire or
concertina wire under 8’ in
height, and allow all gates
to have no attached
screening.
Maximum Electric
Transmission Line Height
120’
150’
Additional Regulations
Article 902.9.1. All uses except for
parking, loading, unloading or storage
shall be conducted within a completely
enclosed building.
A waiver is requested from this
regulation. Solar arrays would
not be located inside enclosed
buildings.
6
2.1.1 Justifications for Proposed Zoning District Standards
The following standards for interior lot lines are requested to provide for the transition of uses
within the Project area. In addition, future right-of-way reservation proposed by the Maricopa
County Department of Transportation (MCDOT) along the Subject Property’s perimeter will
serve as a setback and help to ensure compatibility with the surrounding area.
Front Yard
The Applicant requests a modification for all front yard setbacks to be zero feet. The inclusion
of yard setbacks will reduce the energy generation and storage capacity of the Project site.
The removal of setbacks in the Project area is reasonable given the remote nature of the site
as well as the suitability of surrounding land uses. In addition, the ancillary solar facilities on
the site will be setback from the perimeter fence to accommodate a perimeter road on the site.
The Applicant requests the setback requirements be waived to allow fencing, landscaping,
driveways, signage, or other improvements, excluding solar panels, buildings or energy
storage equipment, within the yard setback areas.
Side Yard
The Applicant requests a modification for all side yard setbacks to be zero feet. The inclusion
of yard setbacks will reduce the amount of energy generation and storage capacity available
from the Project site. The removal of setbacks in the Project area is reasonable given the
remote nature of the site as well as the suitability of surrounding land uses. In addition, the
ancillary solar facilities on the site will be setback from the perimeter fence to accommodate a
perimeter road on the site. The Applicant requests the setback requirements be waived to
allow fencing, landscaping, driveways, signage, or other improvements, excluding buildings
or energy storage equipment, within the yard setback areas.
Rear Yard
The Applicant requests a modification for all rear yard setbacks to be zero feet. The inclusion
of yard setbacks will reduce the amount of energy generation and storage capacity available
from the Project site. The removal of setbacks in the Project area is reasonable given the
remote nature of the site as well as the suitability of surrounding land uses. In addition, the
ancillary solar facilities on the site will be setback from the perimeter fence to accommodate a
perimeter road on the site. The Applicant requests the setback requirements be waived to
allow fencing, landscaping, driveways, signage, or other improvements, excluding buildings
or energy storage equipment, within the yard setback areas.
Loading and Unloading
The Applicant requests that no loading and unloading spaces be required for the site as the
Operations and Maintenance (O&M) building will not require routine deliveries or shipments.
Sight Visibility Triangles
The Applicant is requesting to allow chain-link fences over two feet in height inside a sight
visibility triangle because these types of fences do not obstruct vehicular visibility. Additionally,
7
allowing this will maximize the amount of usable space for solar generation.
Additional Regulations
The Applicant requests that the regulation requiring all uses except for parking, loading,
unloading, or storage to be conducted within an enclosed building be waived. The majority of
the site is planned for solar arrays which will not be located within enclosed buildings.
Paving
The Applicant requests that alternative surfacing materials or methods approved by Maricopa
County Air Quality may be used in driveways and parking areas. The adjacent roadways
providing access to the Project site are unpaved dirt roads. Unpaved roads on the Project will
be maintained to reduce fugitive dust in accordance with County air quality regulations.
Site Enclosure and Screening
The Applicant requests to install chain-link fencing (at least six feet in height), including
concertina or barbed wire topping up to two feet above the fence, and gates along the
perimeter of the Project. This fencing will not include any screening material such as slats or
privacy fabric. The proposed fencing will allow unimpeded surface flows, be consistent with
other industrial development in the area, and provide site security. Screening material will only
make the site more visible and should, therefore, be waived as a requirement. The Applicant
proposes to use chain-link for the gates which will be consistent with other adjacent and
nearby energy generation projects.
Maximum Electric Transmission Line Height
The Project may utilize electric transmission lines up to 150 ft. in height, including for a
potential gen-tie line. The increased height allowance would decrease the number of poles
needed on the site and allow for increased spacing of the poles.
3.0
Description of Proposal
3.1
Overview
To allow the development of the Project, this Zone Change with Overlay application includes
the following:
•
A solar field made up of ground-mounted solar panels, inverters, and low-voltage (DC)
cables hanging above-ground under the solar panels;
•
A BESS made up of several containers that contain batteries and associated electrical
and safety equipment that will be setback at least 100 feet from any site perimeter
boundary;
•
Interconnection facilities to connect energy generated and/or stored on site to the
regional power grid;
•
Electrical collection systems, including PV combining switchgear, power conversion
stations, inverters, transformers, an overhead generation tie line, and collection lines;
•
An on-site collector substation;
8
•
An O&M building and associated equipment storage facilities, including a microwave
tower (not exceeding 120 feet above grade, in compliance with Section 1202.3.1.2 of the
Maricopa County Zoning Ordinance) for transmission of live Project data to remote
monitoring locations;
•
Multiple maintenance/laydown areas; and,
•
Associated civil infrastructure including fencing, access driveways and gates, driveways,
on-site parking, drainage channels, retention basins, signage, and possibly a septic tank,
leach field, and water storage tanks.
This application does not include a plan of development. As such, project components and
layout may be refined prior to a separate future plan of development approval.
3.2
Solar Field
The solar field will consist of PV modules mounted on a single axis tracking rack system supported
by driven posts, driven concrete piles, ground screws and/or concrete ballasts. The maximum
height at full rotation will not exceed 20 feet. The height will also vary because the rack bases will
be allowed to follow the natural contours of the ground to a limited extent. This reduces the need
for grading on the site while allowing a uniform presentation of the panels to the sun.
To ensure optimal solar energy capture, the single-axis tracking system will rotate to follow the
sun throughout the day. The panel rows will be oriented north – south and rotate east-to-west
during the day. As the panels rotate, their height changes as measured from the maximum point
of rotation. The rotation of the panels will be extremely slow, and essentially noiseless. Weather
monitoring equipment will be installed in appropriately spaced locations to collect critical data for
solar plant operation.
Details related to the solar field layout will be included in the Plan of Development Site Plan.
3.3
Battery Energy Storage System
As solar energy becomes a more important part of the nation's energy supply system, the more
efficient means of solar delivery to the regional power grid is to store solar energy during the
day for delivery onto the regional power grid during evening hours or when there is a high
demand for electricity.
The BESS will consist of self-contained battery storage modules placed in racks,
switchboards, integrated heating, ventilation, and air conditioning (HVAC) units, inverters,
transformers, and controls in prefabricated metal or concrete containers. The enclosures
would have appropriate safety systems built to comply with applicable safety regulations. The
BESS equipment will undergo UL9540A testing to ensure the Project provides adequate
equipment setbacks and final design spacing. The Project will also comply with the
requirements of the National Fire Protection Association (NFPA) Standard 855 as it pertains
to the safe installation and operation of stationary energy storage systems.
The BESS may be connected using either an alternating current (AC)-coupled or direct current
(DC)-coupled configuration. When an AC-coupled configuration is used, a central BESS
system is typically connected to the PV plant at the high-voltage level. Bidirectional battery
9
inverters convert the power between AC and DC electricity. When charging the batteries, the
BESS bidirectional inverters convert the AC electricity to the DC electricity stored by the
batteries. When discharging, the bidirectional inverters convert the DC electricity to the AC
electricity output by the plant. Transformers are typically used to match the low-level AC
voltage at the AC side of the inverters to the medium-level voltage necessary to connect to
the substation.
3.4
Interconnection Facilities
Once the power is generated or stored, it will need to interconnect into the regional power grid.
The Project is located in an area with extensive electrical infrastructure and is expected to
interconnect into the existing Jojoba Substation. The Project will route electricity via either
overhead or underground medium-voltage (34.5 kV) lines or a combination of both to a
collection substation located proximate to the grid interconnection location, where the voltage
will be stepped up again to match the regional power grid. A High voltage gen-tie line will be
required to connect into the final point of interconnection. The interconnection will not trigger
the requirement for a Certificate of Environmental Compatibility from the Arizona Corporation
Commission (ACC) because the new transmission infrastructure to support interconnection will
be less than one mile long.
The medium-voltage collection lines will be outside the jurisdiction of the ACC as they only
regulate lines of 115 kV or more. Lines of lesser voltage may be constructed up to a height of
150 feet per Maricopa County Zoning Ordinance Article 1111.7. Off-site transmission lines,
unless constructed by an Arizona utility holding a Certificate of Convenience and Necessity
issued by the ACC, are not exempt from local jurisdiction construction code authority.
3.5
Landscaping
The Project plans to maintain the natural desert vegetation along the site perimeter where
feasible. Fencing will be chain-link topped with barbed wire making them as visually porous
as possible.
Any passersby will see natural desert background as well as the solar arrays and BESS
equipment. The drainage basins on-site may be partially bermed on their downstream side to
further screen visual impact.
3.6
Operation and Maintenance
When operational, the Project will be remotely monitored and controlled by the Applicant.
There will be a small administrative/O&M facility on-site as well as associated equipment
storage facilities. There will be up to three full-time employees employed during the
operational phase of the Project. These employees will work normal shift hours (generally 8
a.m. to 5 p.m.).
BESS facilities require a limited amount of maintenance. Maintenance activities include, but
10
are not limited to, the following:
•
Periodic inspections;
•
Dust control;
•
Weed control;
•
Maintaining
electrical
collection
system
components
(inverters,
switchgear,
transformers, and BESS); and,
•
Maintaining on-site infrastructure (driveways, drainage channels, and retention
basins), as well as responding to issues detected by remote monitoring of the facility.
No major equipment is anticipated to be required for maintenance of the facility except as
necessary for periodic equipment replacement. Interior roadways providing access to the
Project will not be paved. The majority of interior driveways will be native compacted soil and
may require minor grading from time to time. Interior roads will be maintained to reduce fugitive
dust.
3.6.1 Site Security and Lighting
To provide a secure and safe environment, lands will be enclosed by an open, chain-link fence
topped with barbed wire and all access points will be gated with swinging or rolling chain-link
gates topped with barbed wire. The fence and gates will include a minimum of six feet of
chain-link topped with up to two feet of barbed wire, for a total of eight feet after the barbed
wire. The Applicant plans to use open chain-link fencing to maintain a secure but visually open
appearance. Substations will be separately fenced as well with the same type of fencing.
Where necessary, portions of the fencing may increase in height to allow for gaps at the base
to enable wildlife movement and drainage.
For nighttime security, the Project may use motion-activated lights or infrared (IR) illumination
with cameras mounted on approximately 16-foot-tall poles. Because these security lights will
be motion-activated or IR illuminated only, the Applicant expects the site to be dark at night.
Security lighting installed will be directed downward and into the site so that lighting will not
be cast onto neighboring properties. All on-site lighting will also comply with Maricopa County
Zoning Ordinance Article 1112.
Additional security measures that may be implemented include cameras to remotely monitor
the site and periodic patrols of the site's perimeter.
3.6.2 Weed Management
Following initial vegetation removal at the site, vegetation will be allowed to reestablish in
accordance with the Stormwater Pollution Prevention Plan (SWPPP) and to the extent it does
not interfere with equipment or facility O&M. The Applicant may need to use weed control to
ensure the equipment and retention areas continue to function. Herbicides will be used as
needed on a periodic basis and applied by licensed or certified applicators. Hand removal or
mechanical methods (i.e., small drivable weed mowers) of weed control could also be used
11
where necessary and practical.
The presence of weeds (especially tumbleweed) on the site will be regularly monitored and
managed throughout the life of the Project as a fire safety measure.
4.0
Relationship to Surrounding Properties
The development of the Project at this location is an appropriate and compatible land use. The
nearby existing and approved developed uses are primarily industrial and specifically
electrical and/or energy generating infrastructure. The area is considered low density rural
with very few residential areas. As previously noted, the PVNGS, the largest nuclear power
plant in the United States, as well as several solar energy facilities are located nearby. In
addition, an Arizona State Prison complex and the Republic Services Southwest Regional
Landfill are located directly south of the Project directly adjacent to State Route 85. The
presence of the Arizona State Prison complex and Republic Services Southwest Regional
Landfill in close proximity to the Project make the area less suitable for other land uses.
The existing Jojoba Substation is located within the Project boundary as well as an existing 500
kV transmission line that bisects the Project. The Project will not alter the existing Jojoba
Substation. The presence of existing high voltage transmission features allows for the Project to
be built without the need for substantial new transmission infrastructure.
Indicative of the appropriateness for the proposed use in this area, several applications have
been previously approved by the Maricopa County Board of Supervisors for solar energy
generating facilities nearby. The addition of a BESS facility, like this Project, complements
those existing land uses and helps consolidate energy infrastructure in the area. The
proposed Project, when developed, will have a relatively low profile, will emit minimal noise,
will be odorless, and will have very little nighttime lighting or activity.
5.0
Location and Accessibility
The Subject Property is located on approximately 3,343 acres of State Trust Land, south of
the City of Buckeye near State Route 85.
Access to the Project will be via existing roads and private easements. Primary access is
anticipated to be provided via easements along Gas Pipeline Road and State Route 85 and
regional access to the Project will be via Interstate 10 (I-10) and State Route 85. The Project
is not expected to require development or improvement of roads in the Project vicinity.
Additional details related to Project access would be described in the subsequent Plan of
Development site plan.
Construction activity will generate trips for a limited duration. This traffic will be associated
with worker trips and the delivery of construction materials to the site, which will occur during
on-peak and off-peak hours. Project construction will require the delivery of materials from I-
12
10 and State Route 85 that will add approximately 20 semi-trucks per day to current traffic
levels. At its peak, Project construction is anticipated to require a workforce of up to 400. The
construction workforce may add approximately 400 vehicles per day to local roads. The
mobilization and demobilization of equipment used for earthwork, including scrapers, graders,
water wagons, compactors, truck-mounted post drivers, skid loaders, and forklifts, is
anticipated to generate a minimal amount of traffic. The on-site parking and staging yards for
the Project will be located in the vicinity of the primary site access. The Applicant will maintain
its commitment to minimizing the impact of construction traffic impacts in the Project area.
Traffic trips generated during operations will be from a maximum of three full-time employees
and the occasional delivery of materials and supplies.
6.0
Circulation System
Because of the nature of the proposed solar project development, no formal traffic circulation
or coordinated street system will be needed to support the Project. As stated above, access
to the site will be via a number of access driveways from the existing streets and roads that
abut the perimeter of the site. The proposed locations of these access points will be shown on
the subsequent Plan of Development site plan.
Inside the Project site, access to Project facilities will be provided via perimeter roads and
access ways between the solar arrays. These will be shown on the Plan of Development site
plan. These Project roads are planned to be unpaved and maintained to reduce fugitive dust.
7.0
Development Schedule
7.1
Phasing Schedule
The Applicant will construct the Project in response to market demand. The timing of
construction of the Project or phases (if applicable) will ultimately depend on market conditions
and the timeline of Project approvals and requirements. Regardless of timing and phasing, all
construction will be subject to County oversight.
The Applicant is aware that County drainage regulations require that the drainage of the
overall site or any interim phase, functions in an acceptable manner regardless of phasing.
The Applicant acknowledges that this may require the development of interim drainage
facilities in earlier construction phases. Each phase of development will be constructed with
the requisite drainage controls to manage the respective on-site and off-site stormwater runoff
in accordance with County design guidelines and SWPPP (or EPA).
Temporary facilities, such as office trailers, laydown yards, containers, construction
warehousing buildings, parking areas, and equipment storage areas will be removed upon
the completion of construction.
Up to 400 construction workers will be employed during construction, and this workforce will
vary with phases of construction.
13
8.0
Community Facilities and Services
During operations, the Project will have no impact on community facilities and services such
as schools and parks, as the Project is anticipated to only require a minimal number of full-
time employees.
8.1
Emergency Response Plan
The Project will incorporate safety systems for the solar project and the BESS that are required
by applicable codes and regulations and by the agencies having jurisdiction. In addition to
code compliant safety systems, it is important that key stakeholders, particularly the first
responders, have a deep understanding of these safety systems and the associated
technologies. As part of the development of the Project, engagement with local first
responders to offer formal and informal training opportunities and to solicit feedback on the
site design to ensure it is meeting their expectations, i.e. site access points, emergency road
designs, alarm equipment designs, etc., will occur. Feedback from the Arizona Fire and
Medical Authority (AFMA) will also be used to formalize a site-specific Emergency Response
Plan.
9.0
Public Utilities and Services
9.1
Fire Protection
Fire response services for the area are provided by the AFMA, which handles emergencies
closer to Tonopah, located approximately nine miles northwest of the site. On-site driveways
will provide egress for emergency and fire department access. All materials used on the site
will be managed according to applicable federal, state, and local regulations.
As part of the Emergency Response plan, the Applicant will coordinate with local fire
departments, and emergency responders with regards to any fire response services
associated with the Project. Coordination will include, but is not limited to: emergency
response drills, site walk-thru and locations of equipment, understanding of roles and
responsibilities associated with fire response, and isolation of equipment.
The battery system procured for this Project will be compliant with the latest UL9540a and
NFPA 855 requirements to ensure the safe operation of the system. In addition, the Project
will utilize advanced data analytics to assess and monitor the health of the battery system, to
provide advanced warning of any potentially degraded battery cells.
The industry view on fire protection continues to evolve as more knowledge is gained
surrounding the topic. Through project experience and consultation with leading fire safety
consultants, Apex has established a strong position on fire protection. As part of the
Applicant’s asset management strategy, routine inspection for water ingress will be performed
for all battery storage systems, which will minimize the risk of one of the leading causes of
14
battery fires. In addition, dry pipes will not be utilized in the battery containers, consistent with
the current industry practice, because introducing water through a dry pipe during thermal
runaway could expose personnel to unnecessary risk.
9.2
Police Protection
The Maricopa County Sheriff’s Office, operating out of one main station in Avondale and a
satellite station in Buckeye, provides protective services for the area. The Project site is
located within the District II patrol area, and the nearest police substation is located at 920 E.
Van Buren Avenue in Avondale.
9.3
Water and Wastewater Resources
The Project will not impose any new water and wastewater requirements on the area. The site
is located within an Arizona Department of Water Resources (ADWR) regulated Active
Management Area (AMA). The need for water on the site during operations will be minimal,
necessary only for the needs of employees and occasional cleaning of solar panels. Water
needs would be provided by either connecting to an existing utility, developing an on-site
groundwater well, or having water trucked to the site.
As indicated above, during operations there could be up to three full-time employees on the
site. The potable water needs of three employees will be provided via bottled water or from
ADWR-exempt wells. This insignificant amount of water use does not require a Public Water
System.
The wastewater generated at the facility during operations is anticipated to be treated with on-
site wastewater treatment facilities, such as a conventional septic tank system or similar
alternative system as regulated by Arizona Department of Environmental Quality and
administered by Maricopa County Environmental Services Department. Alternatively, it is
possible that portable toilets could be used during operations.
9.4
Electric
Arizona Public Service (APS) and Salt River Project (SRP) are the primary electrical service
providers operating in the Project area. The Applicant will coordinate with electrical service
providers in the area as needed throughout the construction and operation of the Project.
10.0 Drainage and Grading
10.1 Drainage Design
The Project will acquire necessary permits and permissions before developing within any
floodplains. The Applicant will also coordinate with the U.S. Army Corps of Engineers
(USACE) in the unlikely case that there is limited construction within any jurisdictional
waterways determined to be located on-site. The Applicant plans to keep potential impacts to
wetlands below the USACE Nationwide Permit levels, should impacts be necessary. In
15
addition, any portion of a fence to be constructed within drainage areas will be designed with
adequate openings to maintain historic flow patterns.
Developed areas within Maricopa County are required to regulate stormwater discharge such
that net flow rates and flow volume exiting from the site are equal to or less than the
predevelopment rate. This is often controlled through the construction of retention basins.
Generally, the Applicant will be constructing channels, retention basins, and berms throughout
the site to manage stormwater such that flows are not increased as a result of development
while also maintaining historical drainage patterns. These details will be included in the Plan
of Development site plan.
10.2 Grading Design
Unlike a typical project where a site is mass graded at the start of construction, the Applicant plans
to minimize the amount of earthwork required for this Project. The main areas that will be graded are
the retention basins and ancillary drainage controls for stormwater conveyance. In order to minimize
the amount of disturbance, most of the site will be cleared and/or mowed only where needed. If
required, select areas of the site may be disced and rolled. Grading will generally maintain the site's
existing topography. Grading activities will not involve significant dredging or filling within major
washes or any potential jurisdictional waterways determined to be located on-site. As detailed above,
the Applicant is prepared to address appropriate permitting requirements of both the Maricopa
County Flood Control District and U.S. Army Corps of Engineers, as necessary.
11.0 Environmental Impacts
11.1 Noise
When the Project is fully operational, it is not anticipated that there will be any regular activities
on the site that will result in discernable off-site noise. The use of equipment for performing
earthwork and installation of facilities could temporarily produce noise that is noticeable off-
site during construction. Due to the remote location of the Project and presence of existing
energy infrastructure in the area, the Project will have minimal impacts related to noise.
11.2 Air Quality
The Applicant will use construction dust control measures as required by Maricopa County to
limit fugitive dust emissions from the site. Details of the construction dust control plan will be
submitted and approved under a separate permit through the Maricopa County Environmental
Services Department. Dust control measures will be supported in part by minimizing the areas
requiring ground disturbance and applying water to reduce fugitive dust, as necessary. The
Project will not produce any noticeable odors.
16
11.3 Visual Resources
The Project is not expected to significantly affect the visual quality of the area because it is
located in an area with existing energy generation facilities present, is on relatively flat desert
land, and will have a relatively low profile on the landscape. The Project is also several miles
from the nearest population center in the City of Buckeye and is located in an area that does
not provide recreational opportunities or attract public attention. The primary viewers of the
Project would be motorists traveling along State Route 85. The Project would be visible to
motorists on State Route 85, however, it will be consistent with existing features in the visual
landscape that are visible from State Route 85 including 500 kV transmission lines, the Arizona
State Prison complex, the Republic Services Southwest Regional Landfill, and the Jojoba
Substation.
11.4 Biological Resources
Information was obtained from both the U.S. Fish and Wildlife Service and the Arizona Game
and Fish Department (AZGFD) regarding the potential occurrence of special-status species
within the Project area. The Project is sited outside of areas designated for environmental
resource conservation, such as Important Bird Areas, National Wildlife Refuges, Wilderness
Areas, important migratory pathways or stopover sites, or other specially designated areas.
The Project is co-located with existing energy infrastructure in a location that does not contain
designated critical habitats for protected species. There are sensitive species with the
potential to occur in the Project area; however, potential impacts to sensitive species will be
avoided or minimized by implementation of avoidance, minimization, and mitigation measures.
12.0 Conformance with the Comprehensive Plan
The Project applicant has submitted a Comprehensive Plan Amendment (CPA) application.
Once the CPA is approved, the Proposed Project will be in conformance with the
Comprehensive Plan.
13.0 Conclusion
This Zone Change request is necessary to accommodate the proposed Project near existing
energy transmission infrastructure and planned energy generation development. Further, the
Project’s distance from population centers ensures minimal disruption to County residents and
makes beneficial use of land that might otherwise lie vacant. From this remote location with
significant existing utility infrastructure, this Project will provide critically needed storage capacity
to support power grid operations throughout Maricopa County.
Attachment ‘A’
Legal Description of the Rainbow Wash
Open Space Non-Disturbance Area
DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTIONS 22, 23, AND 24, TOWNSHIP 2 SOUTH, RANGE 4 WEST, GILA AND
SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING (POB) AT THE SOUTH QUARTER (S1/4) CORNER OF SAID SECTION 23, AS MONUMENTED BY A
FOUND NAIL WITH A 1-1/2" WASHER, STAMPED "RLS 77626", WHENCE THE SOUTHWEST CORNER OF SAID
SECTION 23, AS MONUMENTED BY A FOUND 3-1/4” ALUMINUM CAP ON A NO. 6 REBAR, STAMPED “RLS
77626”, BEARS NORTH 89°22’00” WEST, A DISTANCE OF 2,643.13 FEET, BEING THE BASIS OF BEARINGS IN
THIS DESCRIPTION.
THENCE NORTH 89°22’00” WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID
SECTION 23, A DISTANCE OF 2,643.13 FEET, TO THE SOUTHWEST CORNER OF SAID SECTION 23, AS
MONUMENTED BY A FOUND 3-1/4” ALUMINUM CAP ON A NO. 6 REBAR, STAMPED “RLS 77626”;
THENCE NORTH 89°24'03" WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SAID
SECTION 22, A DISTANCE OF 602.72 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTH 08°45'08" EAST, A DISTANCE OF 18.10 FEET;
THENCE NORTH 38°52'43" EAST, A DISTANCE OF 3,350.37 FEET;
THENCE NORTH 51°57'11" EAST, A DISTANCE OF 2,334.88 FEET;
THENCE NORTH 64°37'33" EAST, A DISTANCE OF 2,682.38 FEET TO A POINT ON THE NORTH LINE OF THE
NORTHWEST QUARTER (NW1/4) OF SAID SECTION 24, WHENCE THE NORTHWEST CORNER OF SAID
SECTION 24, AS MONUMENTED BY A FOUND 2-1/2” BRASS CAP ON A 1-3/4" IRON PIPE, STAMPED “1931”,
BEARS NORTH 89°20’30” WEST, A DISTANCE OF 442.14 FEET;
THENCE SOUTH 89°20'30" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 426.71 FEET;
THENCE DEPARTING SAID NORTH LINE, SOUTH 61°42'15" WEST, A DISTANCE OF 1,141.14 FEET;
THENCE SOUTH 76°48'07" WEST, A DISTANCE OF 333.43 FEET;
THENCE SOUTH 30°40'09" WEST, A DISTANCE OF 168.45 FEET;
THENCE SOUTH 61°42'15" WEST, A DISTANCE OF 1,684.17 FEET;
THENCE SOUTH 47°09'24" EAST, A DISTANCE OF 2,704.03 FEET;
THENCE NORTH 60°24'53" EAST, A DISTANCE OF 2,849.85 FEET;
THENCE NORTH 74°15'50" EAST, A DISTANCE OF 2,952.49 FEET TO A POINT ON THE EAST LINE OF THE
NORTHEAST QUARTER (NE1/4) OF SAID SECTION 24, WHENCE THE NORTHEAST CORNER OF SAID
SECTION 24, AS MONUMENTED BY A FOUND 2-1/2” BRASS CAP ON A 1-3/4" IRON PIPE, STAMPED “1931”,
BEARS NORTH 00°24’34” EAST, A DISTANCE OF 1,141.43 FEET;
THENCE SOUTH 00°24'34" WEST, ALONG SAID EAST LINE, A DISTANCE OF 157.79 FEET;
THENCE DEPARTING SAID EAST LINE, SOUTH 69°28'02" WEST, A DISTANCE OF 1,650.28 FEET;
THENCE SOUTH 74°08'34" WEST, A DISTANCE OF 1,346.51 FEET;
THENCE SOUTH 60°00'57" WEST, A DISTANCE OF 5,901.58 FEET, TO THE POINT OF BEGINNING (POB);
TOTAL AREA OF PARCELS IS 14,632,240 SQUARE FEET (335.91 ACRES MORE OR LESS). DISTANCES ARE
GROUND DISTANCES AND ARE BASED OFF THE INTERNATIONAL FOOT PER ARIZONA CENTRAL STATE
PLANE (NAD83). TO CONVERT TO GRID A SCALE FACTOR OF 0.99992531 CAN BE APPLIED.
PART OF SECTIONS 22, 23, & 24
TOWNSHIP 2 SOUTH, RANGE 4 WEST
GILA AND SALT RIVER MERIDIAN
MARICOPA COUNTY, ARIZONA
PROPOSED OPEN SPACE
MARICOPA COUNTY, ARIZONA
FILE NAME: OPEN_SPACE_BOUNDARY
PROJECT NO.: APEX_B230003
PRINT DATE: 09/25/2024 SHEET: 1 OF 3
NW CORNER SEC. 24
FOUND 1-3/4" IRON PIPE,
2-1/2" BRASS CAP
STAMPED "1931"
NW 1/4
NE 1/4
SEC. 24
SEC. 22
T2S, R4W
T2S, R4W
SEC. 23
T2S, R4W
PROPOSED OPEN SPACE
BOUNDARY LINE
SW 1/4
SE 1/4
POB
S 1/4 CORNER SEC. 23
SE CORNER SEC. 23
FOUND NAIL,
FOUND NO. 6 REBAR,
1-1/2" WASHER
3-1/4" ALUMINUM CAP
STAMPED "RLS 77626"
STAMPED "RLS 77626"
LEGEND
SECTION (ALIQUOT) LINE
QUARTER SECTION LINE
FOUND MONUMENT (AS DESCRIBED)
POB
POINT OF BEGINNING
0
1000'
2000'
PROPOSED OPEN SPACE BOUNDARY
GRAPHIC SCALE: 1" = 1000'
78326
ANTHONY L.
Digitally signed by Anthony Knievel
DN: C=US,
KNIEVEL
Anthony Knievel
O=Ascent Geomatics, CN=Anthony
E=tknievel@ascentgeomatics.com,
Knievel
Reason: I attest to the accuracy and
integrity of this document
Date: 2024.09.26 16:27:47-06'00'
NOTE:
1. THIS IS NOT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO
BE A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION
ANTHONY L. KNIEVEL, AZ RLS 78326
2. THE PROPOSED OPEN SPACE BOUNDARY WAS SUPPLIED
FOR AND ON BEHALF OF
DIGITALLY VIA EMAIL ON 08/08/2024 AS A KML FILE AND SPATIALLY
PETROLEUM FIELD SERVICES, LLC
TRANSLATED TO BE GRAPHICALLY DEPICTED HEREON.
D.B.A. ASCENT GEOMATICS SOLUTIONS
PART OF SECTIONS 22, 23, & 24
TOWNSHIP 2 SOUTH, RANGE 4 WEST
GILA AND SALT RIVER MERIDIAN
MARICOPA COUNTY, ARIZONA
PROPOSED OPEN SPACE
MARICOPA COUNTY, ARIZONA
FILE NAME: OPEN_SPACE_BOUNDARY
PROJECT NO.: APEX_B230003
PRINT DATE: 09/25/2024 SHEET: 2 OF 3
NW CORNER SEC. 24
FOUND 1-3/4" IRON PIPE,
2-1/2" BRASS CAP
NE CORNER SEC. 24
STAMPED "1931"
FOUND 1-3/4" IRON PIPE,
2-1/2" BRASS CAP
STAMPED "1931"
NE 1/4
NW 1/4
PROPOSED OPEN SPACE
BOUNDARY LINE
SEC. 24
SEC. 19
T2S, R4W
T2S, R3W
SEC. 23
T2S, R4W
SW 1/4
SE 1/4
LEGEND
SECTION (ALIQUOT) LINE
QUARTER SECTION LINE
FOUND MONUMENT (AS DESCRIBED)
POB
POINT OF BEGINNING
0
1000'
2000'
PROPOSED OPEN SPACE BOUNDARY
GRAPHIC SCALE: 1" = 1000'
78326
ANTHONY L.
Digitally signed by Anthony Knievel
DN: C=US,
KNIEVEL
E=tknievel@ascentgeomatics.com,
Anthony Knievel
O=Ascent Geomatics, CN=Anthony
Knievel
Reason: I attest to the accuracy
and integrity of this document
Date: 2024.09.26 16:28:07-06'00'
NOTE:
1. THIS IS NOT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO
BE A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION
ANTHONY L. KNIEVEL, AZ RLS 78326
2. THE PROPOSED OPEN SPACE BOUNDARY WAS SUPPLIED
FOR AND ON BEHALF OF
DIGITALLY VIA EMAIL ON 08/08/2024 AS A KML FILE AND SPATIALLY
PETROLEUM FIELD SERVICES, LLC
TRANSLATED TO BE GRAPHICALLY DEPICTED HEREON.
D.B.A. ASCENT GEOMATICS SOLUTIONS
PART OF SECTIONS 22, 23, & 24
TOWNSHIP 2 SOUTH, RANGE 4 WEST
GILA AND SALT RIVER MERIDIAN
MARICOPA COUNTY, ARIZONA
PROPOSED OPEN SPACE
MARICOPA COUNTY, ARIZONA
FILE NAME: OPEN_SPACE_BOUNDARY
PROJECT NO.: APEX_B230003
PRINT DATE: 09/25/2024 SHEET: 3 OF 3
Doug Jones, P.E., CFM
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-0790
www.maricopa.gov/planning
Email address:
Doug.Jones@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
August 14, 2024
Memo To:
Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Martin Martell, Planner, Planning & Development Services
cc:
Bob Fedorka, PE, Engineering Manager, Planning & Development
From:
Doug Jones, PE, CFM, Engineering Supervisor, Planning &
Development
Subject:
Z240007 – Grande Verde Solar Project w/out POD
Location:
adjacent to APN: 401-62-006A
Engineering Review has reviewed the first submittal routed for review on 07/24/2024,
for the subject application and has No Objections subject to the following conditions:
1. Any new site improvements will require a Plan of Development and Traffic
Impact Study. The Plan of Development submittal shall require a Grading and
Drainage Plan sealed by a civil engineer registered in the state of Arizona to
show conformance to the County Drainage Regulations.
2. Without the submittal of a plan of development, no development approval will
be inferred by the engineering review, including, but not limited to drainage
design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further
review and/or entitlement.
3. Plan of Development must provide for the required retention volume for the
100 year, 2 hour storm event, plus one (1) foot of freeboard, for the developed
area. Provide documentation that the retention basin(s) will drain within 36
hours. (MCZO 1205.7.6-2.a & c)
a. Provide a runoff coefficient based on Table 6.3 of the Maricopa County
Drainage Policies and Standards. Solar facilities of this nature typically
come in at C = 0.65 - 0.7.
b. Historic inflow and outflow drainage locations and characteristics must
be maintained.
c.
See https://apps.pnd.maricopa.gov/plansubmittalchecklist for the
most up to date interactive Engineering Plan Review checklist. (Please
be sure to check commercial and all related grading related matters so
the checklist expands properly).
Page 2 of 4
4. The site contains regulated floodplain(s) associated with the Rainbow Wash
and its tributaries. Any work in the floodplain will require a Floodplain Use
Permit issued (through Planning & Development) concurrent with building
permit(s) required for site development.
a. Development in floodways is extremely restrictive and should be
avoided.
b. Scour analysis will be required for any pole or similar structure in the
floodplain.
c. Underground utilities crossing the floodplain must be buried below the
calculated scour depth or otherwise protected from scour (i.e.
concrete encasement).
5. MCDOT may require dedication or preservation of right-of-ways (R/W) of the
section (up to 130’) and mid-section (up to 80’) alignments adjacent to or
through the development site. Contact MCDOTPlanning@Maricopa.gov for
more information. This determination will be made during the TIS review
process. All perimeter section line and mid-section line alignments of the
proposed development require the setback lines to start from a future half
street Right-of-Way of 55- and 40-feet (respectively) per the Maricopa County
Zoning Ordinance Section 11-05.
6. Private utilities that will occupy County R/W require a license in addition to
any construction related permits. This license or waiver therefrom is required
prior to issuance of building permits. The first step in the licensing process is
to
complete
the
attached
application
for
and
email
it
to
MCDOTsolarlicense@maricopa.gov.
https://www.maricopa.gov/DocumentCenter/View/74250/MCDOT-Solar-
License-Application
7. The applicant will be responsible for coordinating with the City of Buckeye to
review any traffic impact, right-of-way dedication, permitting or roadway
improvement requirements for any roads within the jurisdiction of the City.
8. Given the site’s proximity, disturbance within or access to SR-85, the applicant
shall inquire of any concerns with ADOT via their red-letter process (email
redletter@azdot.gov.
9. Engineering review of planning and/or zoning cases is for conceptual design
only. All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway
Design Manual; and current engineering policies, standards and best practices
at the time of application for construction.
All plans and reports should be developed and formatted to document that
the project is designed to meet all County regulations, ordinances and design
standards.
Page 3 of 4
It is incumbent upon the engineer to demonstrate compliance with all
regulatory requirements and County design standards.
Please contact me with any questions.
DRAINAGE PLAN REVIEW REFERENCES:
The Drainage Regulations are listed in Section 1205 of the MCZO:
https://www.maricopa.gov/documentcenter/view/272
Maricopa County Drainage Policies and Standards Manual:
https://www.maricopa.gov/DocumentCenter/Home/View/2369
For Additional Information See:
https://www.maricopa.gov/1635/Drainage-Review
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES:
Floodplain Regulations for Maricopa County:
https://www.maricopa.gov/DocumentCenter/View/630
For Additional Information See:
https://www.maricopa.gov/3847/Flood-Control-District
PND TRANSPORTATION REFERENCES:
Residential Driveway Guidelines
https://www.maricopa.gov/documentcenter/view/362
Roadway Design Manual
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883
Maricopa County Resolution for ROW Permits
https://www.maricopa.gov/documentcenter/view/364
For Additional Information See:
https://www.maricopa.gov/156/MCDOT
PND STORMWATER QUALITY (SWPPP) REFERENCES:
Storm Water Quality Management and Discharge Control Regulation
https://www.maricopa.gov/DocumentCenter/View/6577
Air Pollution Control Regulations Rule 310
https://www.maricopa.gov/DocumentCenter/View/5354
For Additional Information See:
https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste
Page 4 of 4
Abbreviations Key:
Drainage:
DD =
Department Directive (See: http://www.maricopa.gov/1911/Department-
Directives)
MCZO =
Maricopa County Zoning Ordinance
DPSM =
Maricopa County Drainage Policies and Standards
SSA =
State Standard Attachment
DDMV1=
Maricopa County Drainage Design Manual – Hydrology
DDMV2 = Maricopa County Drainage Design Manual – Hydraulics
Flood Control:
FRMC =
Floodplain Regulations for Maricopa County
PND Transportation:
RDM =
MCDOT Roadway Design Manual
RDG =
MCDOT Residential Design Guidelines
MSRP =
MCDOT Major Streets and Routes Plan
PND Storm Water:
SWMDCR= Maricopa County Storm Water Quality Management and Discharge Control
Regulation
DDMV3=
Maricopa County Drainage Design Manual – Erosion Control
APCR=
Maricopa County Air Pollution Control Regulations – Rule 310
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
12 August 2024
Mr. Christopher P. Toale
Director, Community Initiatives Team
56th Fighter Wing
14185 W. Falcon Street
Luke AFB AZ 85309-1629
Mr. Martin Martell
Maricopa County Planning & Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
RE: Z240007; Grand Verde Energy Solar Project Dear
Mr. Martell
Thank you for the opportunity to comment on the Grande Verde Energy Zone Change
with Overlay application. The applicant requests to change the land use designation for
development of a photovoltaic (PV) solar energy generating facility with battery energy storage
system. The site is located on 3,402 acres of state trust land approximately 12 miles south of I-
10 along SR 85 in unincorporated Maricopa County, Arizona.
This project is located underneath Military Training Route (MTR) 242 where low-level
flights might be expected as low as 100 ft above ground level (AGL). Luke AFB appreciates the
Project Team being proactive in addressing any potential concerns by submitting for an Informal
Review. Please ensure the project is submitted for a review through the DoD Siting
Clearinghouse for Energy, Installations, and Environment by sending the project narrative to:
osd.dod-siting-clearinghouse@mail.mil. This response is conditional upon their approval/input.
If applicable, it should be noted that certain investments and real estate transactions
within the military installation footprint of Luke AFB may be subject to review by the
Committee on Foreign Investment in the United States (CFIUS) to determine the effect of such
transactions on the national security of the United States. The CFIUS regulations, Foreign
Investment Risk Review Modernization Act of 2018 (FIRRMA) provisions, and related
resources can be found on the Department of the Treasury’s website:
http://www.treasury.gov/cfius.
If you have any questions, please contact, Mr. Mark James at (623) 856-6175.
Sincerely
TOALE.CHRISTOP
Digitally signed by
TOALE.CHRISTOPHER.P.10396
96165
Date: 2024.08.12 09:09:26 -07'00'
CHRISTOPHER P. TOALE
cc:
Colonel Matthew R. Johnston, Deputy Commander, 56th Fighter Wing
Ms. Demetria Themistocles, General Law Attorney, 56th Fighter Wing
HER.P.1039696165
Hi Martin,
A portion of the site is located in Buckeye’s jurisdiction so they will need to obtain concurrent
approvals from us for that portion. Representatives of the project have reached out to Buckeye and
they are aware, but we’ll join the call to answer any questions as needed. Please send me over an
invite for this meeting.
With regard to the portion within the County, Buckeye views the solar facility as a good interim use
of the land that will provide a public benefit until such time that development reaches this fairly
remote area. In the long term, however, the City’s vision for development of most of the subject
property is for more traditional suburban residential and commercial uses as well as an activity
center providing recreational opportunities for future residents in the southern part of our City.
While we support the project, can the zoning request be conditioned or otherwise approved so that
upon cessation of the solar use, the property will not retain its industrial zoning? Or if that’s not
possible, can the IUPD be tailored so narrowly that only the proposed solar/BESS/hydrogen uses
would be permitted, making it harder for subsequent re-use of the property with more typical
industrial uses? Anything we can do to reduce unintended consequences when the solar use is no
longer occurring on the site is appreciated.
Some additional comments and/or questions:
•
City requests that the BESS component of the project be screened from any adjacent
streets/SR85 through provision of a combination of decorative wall and landscaping.
Screening of the solar panels isn’t a concern and the use of the chain link is supported
except near the BESS facility given the somewhat temporary nature of the use.
•
City requests no herbicides be used on the property and that vegetation be manually
removed if/when it is interfering with the solar facility.
•
City suggests County require some form of financial assurances that would allow for
removal of the facility and restoration of the land in the event the operator abandons the
site.
Let me know what your thoughts are on these comments/questions; I look forward to joining the
call in September.
Thanks!
Ken Galica
Planning Manager
Development Services Department
(623) 349-6214
Jacob Gaston
3230 E. Lynx Pl
Chandler, AZ 85249
jacob@behomerealty.com
10/22/2024
Maricopa County Government
Planning and Development Department
301 W. Jefferson St. Suite 170
Phoenix, AZ 85003
RE:
OPPOSITION TO THE COMPREHENSIVE PLAN AMENDMENT
CPA2024005 and REQUEST FOR ZONE CHANGE CASE NUMBER Z240007
Dear Members of the Maricopa County Planning and Board of Supervisors,
I am writing to express my serious concerns regarding the proposed Comprehensive Plan
Amendment (CPA) and zoning change for the development of a Solar Energy Generating
Facility with a Battery Energy Storage System (BESS) on 3,402 acres of State Trust Land.
While I recognize the importance of renewable energy initiatives, I believe there are more
suitable uses for this land that would generate revenue for its beneficiaries without
compromising our community's vision for the future. The proposed amendment to shift from
rural densities and open space to an industrial designation is inconsistent with the long-term land
use plan that prioritizes community well-being and environmental stewardship.
As the owner of 80 acres of contiguous land, I would be directly impacted by this project, which
would encircle my property on two sides, with panels and infrastructure stretching half a mile
along my eastern boundary. This scenario is deeply concerning for my family, as we have plans
to build and farm the land in the coming years. The potential environmental and health risks
associated with the project are alarming. Specifically, I worry about the toxic substances
associated with solar panels and the possible contamination of our groundwater due to runoff.
Given that stormwater runoff from the mountains passes through my property, the implications
of chemical leaching from solar infrastructure are particularly worrisome. There are huge
dykes/berms that were built at the same time as the canal to direct water from the mountains to
specific washes where can then be directed through two breaks in the canal. Disturbing this
proven stormwater management system is a huge risk we are not willing to risk.
Moreover, the safety risks associated with BESS cannot be overlooked. There have been
numerous incidents globally, including a significant explosion in Surprise, Arizona, that resulted
in injuries to firefighters. The nature of lithium-ion batteries poses unique hazards, including the
potential for catastrophic fires that are difficult to extinguish and can lead to long-lasting
environmental damage.
The development of a solar facility in our area would also likely contribute to increased ambient
temperatures, contradicting our goal of escaping the urban heat island effect. Studies have shown
temperature increases of up to 7.2°F around solar power plants, which could adversely affect our
plans for sustainable farming.
Additionally, the issue of glare from solar panels is a concern. Glare can lead to discomfort and
health issues, impacting not only my family's quality of life but also the use and enjoyment of
our property.
Lastly, the potential devaluation of my property cannot be ignored. In my 23 years in real estate,
I have observed that properties adjacent to solar farms often experience significant declines in
market value. The mere prospect of living in close proximity to extensive solar installations
would deter prospective buyers, thereby diminishing our investment in the land.
I urge the Board to consider the long-term implications of the proposed CPA and zoning change,
including environmental degradation, health and safety risks, and the negative impacts on
property values. These factors far outweigh any short-term financial gains that may be
anticipated from this project.
I respectfully request that you deny the application for the Comprehensive Plan Amendment and
zoning change for the Grande Verde Energy Solar Project. Thank you for your attention to these
serious concerns. I trust you will take my objections into account when making your decision.
Sincerely,
Jacob Gaston
DATE:
November 7, 2024
TO:
Planning & Zoning Commission
From:
Martin Martell, Planner
SUBJECT:
Z240007 – Grand Verde Energy Solar Project
Agenda Item: #8
Since the publishing of the staff report, staff have received a request from the property owner,
which staff support, to modify the language in Condition ‘f’ from:
The IUPD overlay shall limit entitled use in this IND-2 IUPD zoning district to a
photovoltaic solar electric generation facility including any ancillary uses (such as
battery energy storage systems, operation/maintenance building, electric
substation/transmission lines, etc.). Any other uses on the site shall require a zone
change major amendment.
And modify the language of Condition ‘f’ to:
The IND-2 zoning is subject to an Industrial Planned Unit Development (IUPD)
zoning overlay that limits the entitled uses to solar power generation facilities
and ancillary uses, or other uses determined by both the Planning & Development
Department and the Environmental Services Department as appropriate and that
can accommodate wastewater disposal via an on-site septic systems until such
time as a sanitary sewer is available serving the site. The IUPD may be deleted or
amended to entitle additional uses via a Modification of Condition application to
the Planning & Zoning Commission.
DATE:
November 7, 2024
TO:
Planning & Zoning Commission
From:
Martin Martell, Planner
SUBJECT:
Z240007 – Grand Verde Solar Project
Agenda Item: #8
Since the writing of the last handout staff received a letter from Ken Galica, Planning Manager
with the City of Buckeye with concerns about the proposed language of Condition ‘f’ of this
request that was in the last handout presented to the Commission on November 1, 2024. The
City views the latest proposed language for Condition ‘f’ as overly vague and potentially be deleted
sometime in the future development of the City in accordance with the vision of its residents.
However, staff does not support the City’s request believing that the language requested by the
property owner is reasonable. The City is requesting that the Planning and Zoning Commission
and the Board of Supervisors reject the condition as modified by ASLD, replacing it with a
modified condition that strikes out this ambiguous language of the condition, shown below.
Language for Condition ‘f’ requested by the property owner ASLD on November 1, 2024, is as
follows:
The IND-2 zoning is subject to an Industrial Planned Unit Development (IUPD) zoning
overlay that limits the entitled uses to solar power generation facilities and ancillary
uses, or other uses determined by both the Planning & Development Department and the
Environmental Services Department as appropriate and that can accommodate
wastewater disposal via an on-site septic systems until such time as a sanitary sewer is
available serving the site. The IUPD may be deleted or amended to entitle additional uses
via a Modification of Condition application to the Planning & Zoning Commission.
Language of Condition ‘f’ proposed by the City of Buckeye, is as follows:
The IND-2 zoning is subject to an Industrial Planned Unit Development (IUPD) zoning
overlay that limits the entitled uses to solar power generation facilities and ancillary uses.
or other uses determined by both the Planning & Development Department and the
Environmental Services Department as appropriate and that can accommodate
wastewater disposal via an on-site septic systems until such time as a sanitary sewer is
available serving the site. The IUPD may be deleted or amended to entitle additional uses
via a Modification of Condition application to the Planning & Zoning Commission.
Attachments:
Buckeye’s Letter (2 pages)
Good afternoon, Martin, Chair, and Members of the Maricopa County Planning and Zoning
Commission:
As always, thank you for affording the City of Buckeye with the opportunity to review and provide
comment on land use proposals located within the City’s future planning area. Please include this
email as part of the public record for Case Z240007 – Grand Verde Solar Project.
The City of Buckeye fully supports the proposed Grand Verde solar farm/BESS as a good interim
use of land with a facility that will provide a public benefit until such time that services reach this
remote area and redevelopment is pursued. However, beyond the 30–40-year lifespan of this
solar use, the City is concerned with what uses may be able to redevelop on the site in the
future should this zoning case be approved with conditions as currently recommended.
The City’s vision for development within this area (as identified in the Buckeye General Plan ratified
by voters in 2018) is not for industrial development. The approved General Plan designates most of
the Grand Verde site west of Rainbow Wash for as Neighborhood, a land use designation intended
to accommodate development of a range of residential densities (including single-family and multi-
family), as well as supporting commercial uses. In addition to the Neighborhood designation, the
Grand Verde site also includes approximately 551 acres designated as Buckeye Hills Activity
Center, a land use designation intended to accommodate development of the future commercial
core for the southern end of Buckeye. Neither land use category envisions development of
industrial uses that would be permitted in the County’s I-2 district; future redevelopment of this
massive site with industrial uses would be significantly to opposed to the vision of the City and its
residents.
The City is very fortunate that the County Planning and Development staff are extraordinarily
transparent and responsive in working with City counterparts such as myself to vet land use
proposals, incorporating conditions of IUPD approval as needed to ensure that any valid City
concerns are addressed when needed. This open line of communication worked beautifully for this
particular project, as the City was able to work with Planner Martin Martell to include a condition
that would restrict use of the Grand Verde site to solar facilities and ancillary uses. Importantly, the
stipulation as was originally proposed also had buy-in from the solar project applicant, Andrew
Yancey, who understood the City’s long-term concern and rationale for the
condition. Unfortunately, however, the City was recently made aware that the agreed upon
condition was replaced with language requested by the Arizona State Land Department,
highlighted below, that would seemingly allow for future development of the site with an infinite
number of different uses, including industrial uses, so long as wastewater could be
accommodated through on-site septic. The City views this language as overly vague and potentially
deleterious to the future development of the City in accordance with the vision of its residents. As
such, we kindly request that County Planning staff, the Planning and Zoning Commission, and
the Board of Supervisors each reject the condition as modified by ASLD, replacing it with a
modified condition that strikes the ambiguous highlighted segment as pasted below. Again,
the City has no objection to the proposed zoning case or planned solar use, only the condition
noted below.
Proposed stipulation: The IND-2 zoning is subject to an Industrial Planned Unit Development
(IUPD) zoning overlay that limits the entitled uses to solar power generation facilities and ancillary
uses, or other uses determined by both the Planning & Development Department and the
Environmental Services Department as appropriate and that can accommodate wastewater
disposal via an on-site septic systems until such time as a sanitary sewer is available serving the
site. The IUPD may be deleted or amended to entitle additional uses via a Modification of Condition
application to the Planning & Zoning Commission.
Recommended stipulation: The IND-2 zoning is subject to an Industrial Planned Unit
Development (IUPD) zoning overlay that limits the entitled uses to solar power generation facilities
and ancillary uses, or other uses determined by both the Planning & Development Department and
the Environmental Services Department as appropriate and that can accommodate wastewater
disposal via an on-site septic systems until such time as a sanitary sewer is available serving the
site. The IUPD may be deleted or amended to entitle additional uses via a Modification of Condition
application to the Planning & Zoning Commission.
Thank you for your thoughtful consideration of this request; the City truly appreciates its
relationship with the County and our ability to work together to ensure the interests of both County
and City citizens are considered in each and every development proposal.
Please let me know if you have any questions or would like to discuss this further. I can be reached
at (623) 349-6214 or kgalica@buckeyeaz.gov.
Kind regards,
Ken Galica
Planning Manager
Development Services Department
(623) 349-6214