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July 24, 2024
Z2023131
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
July 24, 2024
Case #/Title:
Z2023131 – Harquahala Sun III-V
Supervisor District:
5
Applicant/Owners:
Kimley-Horn & Associates – Keith Nichter / WPI II-HARQ III Farm AZ
LLC, Shelli Lamoreauz Living Trust/ET AL, CV Harquahala LLC, CV
Farming LLC, Rancho Amable SPE LLC, Waydon Farms LLC, and
Davenport Stephanie/TMV Income Trust
Request:
Zone change from Rural-43 and Rural-190 to IND-2 IUPD with a plan
of development for a 500 MW photovoltaic solar power generation
facility with battery energy storage system
Site Location:
Generally located south of Lower Buckeye Road and Harquahala
Valley Road.
Site Size:
Approximately 9,048 acres
County Island Status:
N/A
Additional
Comments:
There are no outstanding concerns from reviewing agencies. The
request is a zone change with overlay from Rural-43 and Rural-190
to IND-2 IUPD with a Plan of Development (POD) for an industrial
utility-scale solar energy generation facility. It will include 600,000
solar modules with 500 MW PV generating capacity with battery
energy storage. The facility will be constructed in three phases.
The subject site is not within a County island. The property has a
land use designation of ‘Utilities’ in the county’s comprehensive
plan. The IND-2 IUPD zoning is consistency with this designation.
The applicant conducted a public outreach but did not receive any
comment. There is no known opposition.
Commission
Recommendation:
On 6/13/24, the Commission voted 6-0 to adopt a motion
recommending the Board of Supervisors approve Z2023131
subject to conditions ‘a’ – ‘i’:
a.
Development shall be in substantial conformance with the site plan entitled “Harquahala
Sun III-V” consisting of 33 full-size sheets, dated February 23, 2024, and stamped received
July 24, 2024
Z2023131
Page 2 of 4
April 12, 2024, except as modified by the following conditions. Staff may determine slight
refinements to remain in substantial conformance with the approved site plan. Minor and
major amendments to the site plan will be determined in accordance with Chapter 3 of the
Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the narrative report
entitled “Narrative Report for Harquahala Sun III-V”, consisting of 15 pages, dated March 5,
2024, and stamped received April 12, 2024 except as modified by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1. On-site retention basins shall be designed to contain overflows/spillways designed to
accommodate the unattenuated peak 100-year inflow to each respective basin,
inclusive of offsite flows.
2. Detailed grading and drainage plans shall be submitted with building permit
application(s) indicating that runoff from each solar field area will be directed to a
retention basin. Diversions may be required to direct flow towards the retention basins
as part of the final design.
3. Storm water retention shall be provided for the entire developed site including solar
fields, battery storage areas and substations.
4. Any reduction of the 100 year, 2 hr. retention volume requirement will require a
Drainage Waiver. The waiver application is a separate application and must
demonstrate that there will be no increase in runoff from the site as a result of the
proposed development. At a minimum, the first flush volume of runoff must be
retained. The Drainage Waiver is separate application must be submitted concurrent
with this re-zone application.
5. The final pier design for the solar panels should include consideration for additional
scour protection/depth for the solar fields just west of the Centennial Wash floodway.
6. Permitting for the gen-tie line shall require calculations substantiating scour related
pole depths within the floodway of Centennial Wash.
7. Disturbance within regulated floodplains (FEMA ZONE AE) will require procurement of
a floodplain use permit prior to or concurrent with building permits.
8. If inverters are proposed with regulatory floodplain, base flood elevations and their
corresponding regulatory flood elevations (RFE) will be required to be determined to
verify that inverters will be constructed at or above the RFE’s. This will be required as
part of the construction documents.
9. Private utilities that will occupy County R/W or other County property require a solar
license in addition to any construction related permits. The solar license must be
effectuated prior to issuance if building permit(s).
10. New driveways that connected to County roadways shall conform to the current
version of the MCDOT Roadway Design Manual in effect at the time of permitting.
July 24, 2024
Z2023131
Page 3 of 4
11. The owner/applicant shall dedicate or preserve right-of-way along Harquahala Valley
Road to provide a half-width of 55 feet; and full width of 110 feet, as determined by
MCDOT Planning. If dedication is required, it shall be completed prior to issuance of
building permits and will require that the owner/applicant provide an American Land
Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in
Maricopa County, a political subdivision of the State of Arizona.
12. 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.
13. Based on the conceptual design nature of the information submitted, changes to the
site layout and/or a reduction in the number of solar arrays or BESS may be
necessitated by the final engineering design of the site’s drainage infrastructure.
d.
The following IND-2 IUPD Zoning District standards shall apply:
1. Maximum Electric Transmission Line Height – 150’
2. Parking Spaces Required – None required
3. Loading & Unloading Spaces Required - None required
4. Landscaping – No landscaping strip required
5. Sight Visibility Triangles – No sight visibility triangles are required at project site
entry/access points and road intersection, section line, mid-section line or alignment
corners
6. Article 902.91 – All utility uses shall be permitted to be conducted outdoors
7. Site Enclosure and Screening – Chain-link fencing and gates are permitted around the
perimeter of the site boundaries except that opaque chain-link fencing with vinyl slats
shall be required along any property line abutting an existing residence, unless
otherwise approved by the Maricopa County Planning and Development Department
or Zoning Administrator.
8. Pavement Required – Pavement not required for parking spaces with approval of a
dust control plan by Maricopa County Air Quality Department.
9. Light Pole Height – 30’ maximum from grade
e.
The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility
and battery energy storage systems, including ancillary offices and ancillary uses. Any other
site uses shall require a Zone Change Major Amendment.
f.
The owner or developer shall receive approval of a Traffic Statement for Construction in
accordance with the comments received by ADOT in an email dated November 29, 2023.
g.
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.
h.
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.
i.
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
July 24, 2024
Z2023131
Page 4 of 4
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
may be considered for reversion to the zoning that existed on the date of application in
accordance with Maricopa County Zoning Ordinance requirements. It is, therefore,
stipulated and agreed that reversion of the zoning 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 reversion of the zoning. This
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:
Rachel Applegate, Senior Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
6/13/24 P&Z Packet (63 pages)
Note:
6/13/24 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
Z2023131
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2023131 – Harquahala Sun III-V
Hearing Date:
June 13, 2024
Supervisor District:
5
Applicant:
Kimley-Horn & Associates – Keith Nichter
Owner:
WPI II-HARQ III Farm AZ LLC, Shelli Lamoreauz Living Trust/ET AL, CV
Harquahala LLC, CV Farming LLC, Rancho Amable SPE LLC, Waydon Farms
LLC, and Davenport Stephanie/TMV Income Trust
Request:
Zone change from Rural-43 and Rural-190 to IND-2 IUPD with a plan of
development for a 500 MW photovoltaic solar power generation facility
with battery energy storage system
Site Location:
Generally located south of Lower Buckeye Road and Harquahala Valley
Road.
Site Size:
Approximately 9,048 acres
Density:
N/A
County Island:
No
County Plan:
Maricopa County Vision 2030 Comprehensive Plan - Utilities
Municipal Plan:
N/A
Municipal Comments:
N/A
Support/Opposition:
None Known
Recommendation:
Approve with conditions
Z2023131
Page 2 of 9
Project Summary:
1.
This is a request is for a zone change with overlay from Rural-43 and Rural-190 to IND-2 IUPD with
a Plan of Development (POD) for an industrial utility-scale solar energy generation and battery
energy storage, Harquahala Sun Photovoltaic Solar Energy Generation and Storage Project. The
subject site is designated as a ‘Utilities’ land use per Maricopa County’s Vision 2030
Comprehensive Plan following a Major Comprehensive Plan Amendment approved by the Board
of Supervisors on December 8, 2021 (Case No. CPA2021010).
2.
The total project is comprised of approximately 61 parcels and approximately 9,047acres within
unincorporated Maricopa County. The parcels are owned by seven different entities, which have
all provided permission for the applicant to process a zone change request with Maricopa County.
3.
The development of the PV solar generation facility with battery energy storage will include
approximately 600,000 solar modules mounted on a single axis tracker, inverters to convert direct
current into alternating current, transformers to increase the voltage of the electricity generated,
a 500 MW photovoltaic (PV) generating facility, and battery energy storage system (BESS) with
associated infrastructure. The project will interconnect to the transmission grid at the Arizona
Public Service or a similar facility. On-site overhead electrical structures would be at a 150-foot
maximum while off-site supporting improvements, infrastructure, and/or uses are expected to
include up to a 200-foot wide gen-tie route corridor that extends approximately 10 miles through
private land and to the project substation(s).
4.
The applicant is proposing construction in three-phases starting in Quarter 4 of 2025. The
construction period is expected to employ approximately 350 employees in varying phases in the
construction, contracting, administrative, and project management fields during the construction
and implementation phases. Up to 15-20 permanent full-time employees will be hired for routing
maintenance activities, equipment repair, and equipment replacement. All of the properties within
the immediate vicinity of the project are privately owned.
5.
Nearly all land used for solar energy project like this are developed for the fields of solar collectors
that capture the energy through photovoltaic technology. The subject site is relatively flat and
allows for the development of solar energy with little or no additional grading. There do not appear
to be any significant washes on the site.
6.
The subject site is currently zoned Rural-43 and Rural-190. The applicant is requesting to change
the zoning to IND-2 IUPD. The base IND-2 zone and requested zoning standards for the IND-2
IUPD district are listed on the next page, shown in bold text:
Z2023131
Page 3 of 9
REGULATION
BASE ZONING DISTRICT
REGULATIONS (IND-2)
PROPOSED ZONING
REGULATIONS
MAX. HEIGHT
40’
40’
MIN. FRONT YARD
10’ – 25’
10’
MIN. SIDE YARD
3’ – 10’
10’
MIN. REAR YARD
25’
10’
MIN. STREET SIDE
YARD
0’ – 10’
10’
LANDSCAPING
ARTICLE 901.4.1: ALL PROPERTIES
ABUTTING A PUBLIC STREET SHALL
HAVE AN OPEN SETBACK AREA
WHICH SHALL BE LANDSCAPED
EXTENDING FOR THE FULL WIDTH OF
THE PROPERTY
NO LANDSCAPE STRIP
REQUIRED
MIN. LOT AREA
6,000 SQ. FT.
6,000 SQ. FT.
MIN. LOT WIDTH
60’
60’
MAX. LOT COVERAGE
60%
60%
PARKING SPACES
REQUIRED
1 PER 600 SQ. FT. OF FLOOR AREA WITH
5% REQUIRED TO BE ADA
NONE REQUIRED WITH A
MARICOPA COUNTY AIR
QUALITY CONTROL APPROVED
DUST CONTROL PLAN
LOADING &
UNLOADING SPACES
ARTICLE 1103.2 ONE LOADING AND
UNLOADING SPACE FOR EACH
10,000 SQ. FT. OF FLOOR AREA, OR
FRACTION THEREOF, DEVOTED TO
SUCH USE IN THE BUILDING
NONE REQUIRED
SIGHT VISIBILITY
TRIANGLES
REQUIRED
NO SVT’S AT PROJECT SITE
ENTRY/EXIT POINTS, SECTION
LINE, AND MIDSECTION LINE
INTERSECTING ALIGNMENTS.
SCREENING
A SOLID MASONRY WALL NOT LESS
THAN SIX FEET IN HEIGHT SHALL BE
REQUIRED ALONG AND ADJACENT TO
ANY SIDE OR REAR PROPERTY LINE
ABUTTING ANY RURAL OR RESIDENTIAL
ZONE BOUNDARY, OR ANY ALLEY
ABUTTING SUCH ZONE BOUNDARY.
FURTHER, ANY ACCESS GATES SHALL BE
CONSTRUCTED OF VIEW OBSCURING
MATERIAL TO PROVIDE EFFECTIVE SITE
SCREENING
CHAIN-LINK FENCING AND
GATES SHALL BE ALLOWED ON
THE PERIMETER OF THE
PROJECT. ONE (1) FOOT OF
BARBED WIRE STRANDS WILL
BE INCORPORATED ATOP 6-
FOOT FENCING FOR
ADDITIONAL SECURITY AND
ALLOW BARBED WIRE FENCING
MATERIALS UNDER 8’ IN
HEIGHT, EXCEPT IF NEXT TO
EXISTING RESIDENCES.
ARTICLE 902.9.1
ALL USES EXCEPT FOR PARKING,
LOADING, UNLOADING OR STORAGE
SHALL BE CONDUCTED WITHIN A
COMPLETELY ENCLOSED BUILDING
ALL UTILITY USES PERMITTED
OUTDOORS
MAX. ELECTRIC
TRANSMISSION LINE
HEIGHT
120’
150’
BARBED WIRE
FENCING
BARBED WIRE ATTACHED TO FENCES IS
PROHIBITED FOR FENCES UNDER 8’
BARBED WIRE ATTACHED TO
FENCING UNDER 8’ WILL BE
ALLOWED WITHIN THE
PROPERTY LINE BOUNDARIES
LIGHT POLE HEIGHT
18’ MAXIMUM FROM GRADE
30’ MAXIMUM FROM GRADE
Z2023131
Page 4 of 9
7.
The applicant is requesting to vary the parking, pavement, loading/unloading, landscaping, sight
visibility triangle, site enclosure, screening, transmission tower height, and light pole height
requirements. The proposed standards are consistent with other similar utility-scale solar
facilities in this area of the County.
8.
The applicant is requesting to waive landscaping requirements in order to preserve existing
natural desert vegetation. For screening, the applicant has proposed chain-link fencing in lieu of
a 6’ CMU wall abutting rural zoning. Along residential zones the applicant will provide a slatted
chain-link fencing with vinyl slats to provide opacity and screen the proposed substation.
Additionally, the applicant is requesting that site uses be permitted outside of an enclosed
building as the nature of the use (solar panels) requires the use to be conducted outdoors to
generate energy.
9.
The applicant is also requesting to vary the required site visibility triangles at all project site
entry/exit points, section line, and mid-section line intersecting alignments. The MCZO specifies
that 25 x 25 sight visibility triangles are to be provided at the property line where all access points
are present and at the corner of properties with an intersection. Sight visibility triangles are
unnecessary at alignments internal to the site. Additionally, proposed fencing at the intersecting
alignments and driveways will not include slats and thus visibility will not be obstructed. Also, the
applicant requested that there be no parking or loading spaces and that pavement for parking
spaces be waived with an approved dust control plan from Maricopa County Air Quality Control
since not regularly occupied buildings will be placed on site.
10.
There is also a request to vary the standard for electric transmission line height from 120’ to 150’.
This is requested because a new gen-tie route is required for the project. The applicant states
that if the transmission line height were limited to 120’ that less spacing between poles and
additional poles would be required.
11.
The applicant is also proposing to reduce all the setbacks (front yard, rear yard, side yard, street
side yard) to 10’ regardless of the street type and adjacent zoning district in order to keep
consistency throughout the project.
12.
All of these IUPD development standard variations are arguably tied to the proposed land use.
Staff has recommended a condition that the IUPD limit entitled use within the zoning district to
solar power generation and battery storage and ancillary uses. This limitation is also necessary
as the site is not served by a central sanitary sewer system thus the comprehensive list of uses
normally entitled with the base IND-2 zoning district would not be appropriate within the area of
the proposed zoning district, at this time.
Z2023131
Page 5 of 9
2024 Aerial Image of the Site
Zoning of the Site and Adjacent Properties
Z2023131
Page 6 of 9
Existing On-Site and Adjacent Zoning / Land Use:
13.
On-site:
Rural-43 & Rural-190 / Vacant & Agriculture
North:
Rural-43 / Vacant & Agriculture
South:
Rural-43 / Vacant & Agriculture
East:
Rural-43 & Rural-190/ Vacant & Agriculture
West:
Rural-43 / Vacant & Agriculture
Utilities and Services:
14.
Water:
Hauled Water
Wastewater:
Onsite Septic System
Electric:
APS
Fire:
Harquahala Valley Fire District
Police:
Maricopa County Sheriff’s Office
Solid Waste: Republic Services
Right-of-Way:
15.
The following table includes existing and proposed half-width right-of-way and the future
classification based on the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name
Existing R/W
Proposed R/W*
Future Classification
Baseline Road
65’
130’
Minor Arterial
Harquahala Valley Road
55’
130’
Minor Arterial
Elliot Road
Varies
130’
Minor Arterial
539tj Avenue
40’
130’
Minor Arterial
*Right-of-way dedications and preservations will be addressed at the time of construction
permitting.
Adopted Plans:
16.
Maricopa County Vision 2030 Comprehensive Plan (adopted 2013): The site is designated as
Utilities. The Utilities designation is for electric generating plants, water, and wastewater
treatment facilities, associated offices, and accessory equipment. Under a Utilities designation,
the appropriate zoning district is IND-2.
Public Participation Summary:
17.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification by first class mail to adjacent property owners within 300’ of
the subject parcel and interested parties. The applicant submitted a Public Participation Results
Report. To date, no opposition has been received.
Outstanding Concerns from Reviewing Agencies:
18.
N/A
Z2023131
Page 7 of 9
Staff Analysis:
19.
Maricopa County recognizes the potential environmental and economic benefits that solar
technology can provide. Harquahala Sun III-V will use photovoltaic technology that generates
energy from sun absorption. Photovoltaic technology differs from other models of solar electric
generation that require vast amounts of water to cool the units. In contrast, very little water is
utilized for photovoltaic technology. As a result, this development would not pose a threat to the
groundwater supply.
20.
Staff believes the proposed solar facility is well suited to this rural area, which requires large
amounts of relatively flat land. The majority of the land is flat. Staff agrees with the applicant that
the subject site is suitable due to proximity to electrical transmission lines, nearby stations and
substation, and because the surrounding area is vastly undeveloped. Staff agrees with the
applicant that the project will not detrimentally affect the visual quality of the area.
21.
The development of solar energy over the past several years in Maricopa County reinforces the
County’s interest in promoting the County as an economic leader for solar development. Staff
believes that Harquahala Sun III-V would add to this effort in a positive way by providing the
potential
of
350
temporary
construction
jobs
per
phase
and
15-20
permanent
operation/maintenance jobs. As such, staff recommends approval of this zone change request
for the reasons noted above with the conditions of approval that would make the site appropriate
for the area.
Recommendation:
22.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023131 subject to the following conditions ‘a’ – ‘i’:
a.
Development shall be in substantial conformance with the site plan entitled “Harquahala
Sun III-V” consisting of 33 full-size sheets, dated February 23, 2024, and stamped received
April 12, 2024, except as modified by the following conditions. Staff may determine slight
refinements to remain in substantial conformance with the approved site plan. Minor and
major amendments to the site plan will be determined in accordance with Chapter 3 of the
Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the narrative report
entitled “Narrative Report for Harquahala Sun III-V”, consisting of 15 pages, dated March 5,
2024, and stamped received April 12, 2024 except as modified by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1. On-site retention basins shall be designed to contain overflows/spillways designed to
accommodate the unattenuated peak 100-year inflow to each respective basin,
inclusive of offsite flows.
2. Detailed grading and drainage plans shall be submitted with building permit
application(s) indicating that runoff from each solar field area will be directed to a
retention basin. Diversions may be required to direct flow towards the retention basins
as part of the final design.
Z2023131
Page 8 of 9
3. Storm water retention shall be provided for the entire developed site including solar
fields, battery storage areas and substations.
4. Any reduction of the 100 year, 2 hr. retention volume requirement will require a
Drainage Waiver. The waiver application is a separate application and must
demonstrate that there will be no increase in runoff from the site as a result of the
proposed development. At a minimum, the first flush volume of runoff must be
retained. The Drainage Waiver is separate application must be submitted concurrent
with this re-zone application.
5. The final pier design for the solar panels should include consideration for additional
scour protection/depth for the solar fields just west of the Centennial Wash floodway.
6. Permitting for the gen-tie line shall require calculations substantiating scour related
pole depths within the floodway of Centennial Wash.
7. Disturbance within regulated floodplains (FEMA ZONE AE) will require procurement of
a floodplain use permit prior to or concurrent with building permits.
8. If inverters are proposed with regulatory floodplain, base flood elevations and their
corresponding regulatory flood elevations (RFE) will be required to be determined to
verify that inverters will be constructed at or above the RFE’s. This will be required as
part of the construction documents.
9. Private utilities that will occupy County R/W or other County property require a solar
license in addition to any construction related permits. The solar license must be
effectuated prior to issuance if building permit(s).
10. New driveways that connected to County roadways shall conform to the current
version of the MCDOT Roadway Design Manual in effect at the time of permitting.
11. The owner/applicant shall dedicate or preserve right-of-way along Harquahala Valley
Road to provide a half-width of 55 feet; and full width of 110 feet, as determined by
MCDOT Planning. If dedication is required, it shall be completed prior to issuance of
building permits and will require that the owner/applicant provide an American Land
Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in
Maricopa County, a political subdivision of the State of Arizona.
12. 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.
13. Based on the conceptual design nature of the information submitted, changes to the
site layout and/or a reduction in the number of solar arrays or BESS may be
necessitated by the final engineering design of the site’s drainage infrastructure.
d.
The following IND-2 IUPD Zoning District standards shall apply:
Z2023131
Page 9 of 9
1. Maximum Electric Transmission Line Height – 150’
2. Parking Spaces Required – None required
3. Loading & Unloading Spaces Required - None required
4. Landscaping – No landscaping strip required
5. Sight Visibility Triangles – No sight visibility triangles are required at project site
entry/access points and road intersection, section line, mid-section line or alignment
corners
6. Article 902.91 – All utility uses shall be permitted to be conducted outdoors
7. Site Enclosure and Screening – Chain-link fencing and gates are permitted around the
perimeter of the site boundaries except that opaque chain-link fencing with vinyl slats
shall be required along any property line abutting an existing residence, unless
otherwise approved by the Maricopa County Planning and Development Department
or Zoning Administrator.
8. Pavement Required – Pavement not required for parking spaces with approval of a
dust control plan by Maricopa County Air Quality Department.
9. Light Pole Height – 30’ maximum from grade
e.
The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility
and battery energy storage systems, including ancillary offices and ancillary uses. Any other
site uses shall require a Zone Change Major Amendment.
f.
The owner or developer shall receive approval of a Traffic Statement for Construction in
accordance with the comments received by ADOT in an email dated November 29, 2023.
g.
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.
h.
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.
i.
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
may be considered for reversion to the zoning that existed on the date of application in
accordance with Maricopa County Zoning Ordinance requirements. It is, therefore,
stipulated and agreed that reversion of the zoning 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 reversion of the zoning. This
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:
Paola Jaramillo, Planner
Reviewed by:
Darren Gerard, AICP, Planning Services Manager
Attachments:
Case Map (1 page)
Site Plan (33 pages)
Narrative Report (15 pages)
Engineering comments (2 pages)
MCDOT Comments (2 pages)
Email from ADOT (1 page)
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 9048 approx.
Generated May 14, 2024 4:15 PM
Z2023131
Application Name:
Legal Description
Harquahala Sun III-V Project
Applicant
Case Address
T01N R09W 034,
Keith J Nichter for Kimley-Horn
51652 W BASELINE Rd
Applicant Phone/Email
Parcel Primary:506-28-018
602.313.7206
keith.nichter@kimley-horn.com
TONOPAH AZ 85354
Map scale 1:85,412
Supervisor District No.
ZONE CHANGE WITH OVERLAY TO REZONE THE UNDERLYING PARCELS FROM RU-190 AND RU-43 TO
THE IND-2 IUPD DISTRICT IN ORDER TO CONSTRUCT, OPERATE, AND MAINTAIN UP TO