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December 8, 2021
CPA2021010
Page 1 of 2
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
December 8, 2021
Case #/Title:
CPA2021010 – Yellow Bell Solar
Supervisor District:
5
Applicant:
RWE Solar Development, LLC
Owner:
Arizona State Land Department
Request:
Major Comprehensive Plan Amendment to change the land
use designations in the State Route 85 Corridor Area Plan from
Large Lot Residential and Community Retail Center to Utilities.
CPA case approval is by Resolution, attached.
Site Location:
Generally located west of State Route 85, east of the 299th
Ave. road alignment, north of Watermelon Rd., and south of
the Sisson Rd. alignment in the Gila Bend area.
Site Size:
Approx. 941 acres
County Island Status:
No
Additional
Comments:
The
applicant
seeks
a
Major
Comprehensive
Plan
Amendment to change the land use designation in the
Comprehensive Plan to Utilities in order to develop a solar
installation. The subject site is identified as having Large Lot
Residential and Community Retail land use designations in
the State Route 85 Corridor Area Plan. Staff received two (2)
letters from other jurisdictions (City of Buckeye and Apache
Junction) expressing no concerns. AZ Dept. of Game & Fish
and AZSHPO commented on the as well. These comments
will be considered during a future zone change request. Luke
Air Force Base (LAFB) provided comments after the staff
report was written, see attached memo with their concerns
and staff’s comments. Although some of the Commissioners
raised discussion with these late LAFB comments, staff notes
that these concerns are not related to the CPA application
for land use. LAFB would be routed any future zone change
application material and would then be able to review and
analyze aspects of the site including design considerations
and provide additional comments if necessary.
December 8, 2021
CPA2021010
Page 2 of 2
Commission
Recommendation:
On 11/4/21, the Commission voted 4-3 to recommend
approval of CPA2021010 subject to conditions ‘a’ – ‘d’:
a.
Development and use of the site shall be in general conformance with the
narrative report entitled “Yellow Bell Solar Project” consisting of 24 pages, dated
stamped received on September 30, 2021, except as modified by the following
conditions.
b.
Development and use of the site shall be in conformance with the land use exhibit
entitled “Yellow Bell Solar” consisting of 2 pages, dated stamped received on
September 30, 2021, except as modified by the following conditions.
c.
The land use designation of utilities approved as part of case CPA20210010 shall
be subject to the time limits set forth in the subsequent zone change.
d.
The applicant is proposing to develop a photovoltaic solar electric generating
facility which, pursuant to the Maricopa County Comprehensive Plan,
necessitates a change in the land use designation from Large Lot Residential and
Community Retail to Utilities. The proposal by the applicant represents a
comprehensive approach to the subject property and will allow the applicant to
pursue the proper entitlements pursuant to state law so that they can lawfully
operate in unincorporated Maricopa County. This particular proposal is an
appropriate plan for the property and is consistent with the overall intention of the
comprehensive plan. However, in the event that the zone change or a zone
change phase for this particular proposal is not approved by Maricopa County
Board of Supervisors (BOS) within five (5) years from the date of Board approval of
this comprehensive plan amendment, this amendment shall no longer be
effective as the planning justification for this comprehensive plan amendment will
no longer be present. In such instance, a change of the land use designation from
Utilities to Large Lot Residential and Community Retail will occur, and all
comprehensive plan land use maps shall be altered to reflect as such, because
this represents superior long-range planning by Maricopa County.
Presented by:
Ray Banker, Senior Planner
Reviewed by:
Darren Gerard, AICP, Planning Manager
Attachments:
11/4/21 P&Z Packet (50 pages)
11/4/21 P&Z Handout Memo (3 pages)
CPA2021010 Resolution (2 pages)
Note:
11/4/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
CPA2021010
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
CPA2021010 – Yellow Bell Solar
Hearing Date:
November 4, 2021
Supervisor District:
5
Applicant:
RWE Solar Development, LLC
Owner:
Arizona State Land Department
Request:
Major Comprehensive Plan Amendment to change the land use
designations in the State Route 85 Corridor Area Plan from Large Lot
Residential and Community Retail Center to Utilities.
Site Location:
Generally located west of State Route 85, east of the 299th Ave.
road alignment, north of Watermelon Rd., and south of the Sisson Rd.
alignment in the Gila Bend area.
Site Size:
Approx. 941 acres
Density:
N/A
County Island:
No
County Plans:
State Route 85 Area Plan – Large Lot Residential (1 – 2 d.u./ac.) and
Community Retail Center
Municipal Plan:
Town of Gila Bend – Medium Density Residential (5 – 10 d.u./ac.) and
Industrial Business Park
Municipal Comments:
Two (2) letters – Apache Junction and Buckeye - No concerns
Support/Opposition:
None received
Recommendation:
Approve with conditions
CPA2021010
Page 2 of 10
Project Summary:
1.
RWE Solar Development, LLC is requesting a Major Comprehensive Plan Amendment
(CPA) to change the land use designation in the State Route 85 Area Plan from Large Lot
Residential (1 – 2 d.u./ac.) and Community Retail Center to Utilities. Such a change could
allow development of a future utility-scale solar photovoltaic (PV) with battery storage
power plant, including possible accessory uses, generating approximately 200
megawatts (MWs) of electricity. The applicant will subsequently be required to obtain a
Zone Change with Overlay (including a precise Plan of Development) to IND-2 IUPD as
part of the entitlement process within five (5) years (on a phase or for the entirety of the
development.
2.
The site is comprised of 941 acres of State Trust Land within the Rural-190 and Rural-43
zoning districts. The entire project consists of 1,787 acres; however, 846 acres are within
the Town of Gila Bend’s jurisdiction. The site also surrounds BLM land (approx. 40 acres)
with a future land use designation of Transition Area/Proposed Open Space within the
State Route 85 Area Plan. This area is not included with the subject request. The project is
located north of I-8 and just west of State Route 85.
3.
Nearly all land used for solar energy projects are developed for the large fields of solar
collectors that capture the energy through photovoltaic technology. The subject site is
relatively flat and allows for the development of solar energy with little or no additional
grading. The site is currently vacant, but the general area contains significant local utility
infrastructure including a gas-fired electrical generating facility (Gila River Power Station),
other industrial-scale PV solar facilities, electrical transmission lines and substation (APS
Panda Substation). The applicant mentions that the future development would connect
to the APS Panda Substation or a Salt River Project/Tucson Electric Power. Other adjacent
land uses include vacant, agricultural and very limited rural residential uses.
4.
The narrative asserts that the proposed development meets the Comprehensive Plan
Amendment criteria in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan
and is not solely for the good or benefit of a particular landowner or owners at a particular
point in time.
The narrative states that the Yellow Bell Solar Project is within an area that includes large,
flat areas with a lack of sensitive biological resources as well as compatibility with nearby
uses and a growing infrastructure for energy. There are limited areas where utility
infrastructure, flat land, and being in a state where direct sunlight is available, make solar
at this location a viable option. The project would generate additional employment
opportunities for the region as well.
Whether the amendment will adversely impact all or a portion of the planning area.
A.
Altering acceptable land use patterns to the detriment of the plan
According to the narrative, the amendment will not alter any surrounding land
uses or land use patterns. This site would be consistent with the other adjacent
CPA2021010
Page 3 of 10
and nearby energy and utility uses including existing generation sites, transmission
lines, and other solar projects in the vicinity of the project.
B.
Requiring public expenditures for larger or more expensive infrastructure
The narrative mentions that the project would not require additional public
infrastructure, and it would use existing electrical infrastructure, such as the APS
Panda Substation.
C.
Requiring public improvements to roads, sewer, or water systems that are needed
to support the planned land uses
The narrative states that the project would not require public improvements to
roads, sewer or water systems to support the proposed solar development. Water
is expected to be hauled to the site during construction and operation or
obtained from new or existing wells on-site. Otherwise, any proposed road
construction needed to access the project would be constructed and paid for by
the developer/owner.
D.
Adversely impacting planned uses because of increased traffic
The narrative indicates there would be minimal increased traffic during the
construction
and
implementation
period,
due
to
the
delivery
of
equipment/supplies and the commuting of the construction workforce. However,
there would be no significant increases in traffic during the operation and
maintenance of the project.
E.
Affecting the livability of the area or health or safety of present and future residents
There are not many residents in the area around the subject site and the project
would not create any adverse effects on the livability of the area or health and
safety of present and future residents. The solar facility would not use or store
hazardous materials, generate substantial emissions, or have other potential
negative effects on health and safety. Fugitive dust emissions would likely be
reduced.
F.
Adversely impacting the natural environment or scenic quality of the area in
contradiction to the plan
The applicant states that the project will not significantly impact the natural
environment or overall scenic quality of the area. The project is located adjacent
to the highly traveled I-8, and travelers would likely be able to see the solar facility
from this route. However, staff notes that screening will be required in certain areas
and would be discussed for possible additional requirements during the future
zoning and POD reviews. This could also impact the enclosed BLM site for open
space. The applicant has indicated that they will maintain access to the BLM site.
The narrative also states that environmental surveys are in the process or have
been completed. RWE will continue coordinate with state and federal entities as
needed to identify project design considerations that would avoid, minimize,
CPA2021010
Page 4 of 10
and/or mitigate impacts to the natural environmental resources. No federal listed
species or designated wildlife corridors are present in the project area; however,
migratory birds and plants protected under the Arizona Native Plant Law are
expected to be present in the study area.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The project would adhere to the goals, objectives, and policies of the State Route 85
Area Plan and is consistent with the Vision 2030 Comprehensive Plan,
The extent to which the amendment is consistent with the specific goals and policies
contained within the plans.
The applicant’s narrative contains a substantial list of Goals and Policies from the Vision
2030 Maricopa County Comprehensive Plan and State Route 85 Area Plan. This staff
report identifies which Goals and Policies the applicant’s narrative addressed.
Vision 2030 Maricopa County Comprehensive Plan
Land Use Element – Goal 1, Policy 2, Policy 10, Policy 15, Policy 22, Policy 33
Transportation Element – Policy 1
Environment Element – Policy 2, Policy 3, Policy 4, Policy 7
Economic Growth Element – Goal 1, Policy 10
Open Space Element – Goal 1
Water Resources Element – Goal 5
Energy Element – Goal 2, Goal 6, Goal 7
Cost of Development Element – Goal 2
State Route 85 Area Plan
Land Use Element – Goal L1, Objective L2.1
Transportation Element – Objective T1.2
Environment Element – Goal E1
Economic Growth Element – Goal ED1
Growth Area Element – Goal G1
Open Space Element – Goal OS1,
Water Resources Element – Goal W1
Cost of Development Element – Goal CD1
CPA2021010
Page 5 of 10
Other pertinent information as requested by the Maricopa County Planning Department
Staff.
The applicant was responsive and provided quality information as requested by
Maricopa County Planning Department Staff.
Aerial Map of Subject Site
CPA2021010
Page 6 of 10
Zoning Map – Rural-190, Rural-43, & Surrounding Districts
Land Use Exhibit – Current Land Use (Large Lot Residential and Community Retail Center)
CPA2021010
Page 7 of 10
Land Use Exhibit – Proposed Land Use (Utilities)
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural-190 & Rural-43 / Vacant
North:
AG (Gila Bend) / Vacant
South:
I-1 & AG (Gila Bend) / Vacant
East:
Highway then Rural-190 & Rural-43/ State Route 85 then Vacant
West:
AG (Gila Bend) / Vacant
CPA2021010
Page 8 of 10
Utilities and Services:
6.
Water:
TBD - Private Well or Hauled Water
Wastewater:
TBD - Septic
Fire:
TBD
Police:
MCSO
Right-of-Way:
7.
The following table includes existing and future right-of-way* and the future
classification** based upon the Maricopa County Department of Transportation
(MCDOT) Major Streets and Routes Plan.
Street Name
Existing R/W
Future R/W*
Future
Classification**
Old US 80
Varies
65’ (half-width)
Principal Arterial
Additional Section and
Mid-Section Alignments
Varies
55’ and 40’ (half-
widths)
Section and Mid-
Section
Alignments
** Required dedication/preservation and future classification of ROW is tentative and
subject to change and will be established by MCDOT during a future Plan of
Development review.
Adopted Plan:
8.
State Route 85 Area Plan: Portions of the entire site approx. 941 acres site are designated
as Large Lot Residential (1 – 2 d.u./ac.) and Community Retail Center.
Public Participation Summary:
9.
The applicant posted the subject site and staff notified all property owners within 300’ of
the site. Pursuant to state law, Staff issued enhanced notification letters to all adjacent
and internal jurisdictions to Maricopa County, select state and regional agencies and
Luke Air Force Base. Staff received two (2) letters from jurisdictions (City of Buckeye and
City of Apache Junction) expressing no concerns. Moreover, state agencies such as
Arizona Game & Fish Department and SHPO issued comments. Those comments have
been included in the attachments section and are not actionable until future zoning and
Plan of Development stages. ADOT also provided comments to request a future copy of
the TIS to review expected traffic to be generated by the facility during construction.
County Staff received no opposition letters or any inquiries from the public regarding this
request.
Outstanding Concerns from Reviewing Agencies:
10.
N/A
CPA2021010
Page 9 of 10
Staff Analysis:
11.
The state and Maricopa County recognize the potential environmental and economic
benefits that solar technology can provide. The Yellow Bell Solar project will use
photovoltaic technology that generates energy from sun absorption. Photovoltaic
technology differs from other techniques 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 groundwater depletion and would utilize this
technology to implement water conservation measures.
16.
Staff believes the proposed solar facility is well suited to this rural area. Solar facilities
require large amounts of relatively flat land and the vast majority of the subject site is flat.
Staff agrees with the applicant that the subject site is suitable due to proximity to
electrical transmission lines, nearby stations and substations, and because the
surrounding area is mostly undeveloped. Staff agrees with the applicant that the project
will not detrimentally affect the visual quality of the area. Since the area is primarily
undeveloped vacant land in close proximity to other existing utility-scale solar projects
and related infrastructure, staff believes there will be minimal impacts to the surrounding
area.
17.
Promoting 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 the Yellow Bell Solar Project would add to this effort
in a positive way by providing the potential for temporary construction jobs. There will
also be small number of long-term employment opportunities for County residents.
18.
Staff believes the request is consistent with and meets the goals and policies of the
Comprehensive Plan and the State Route 85 Area Plan. Staff’s position is that this project,
as proposed and as governed by the recommended conditions, represent proper long-
term land use planning in the region and for Maricopa County as a whole.
Recommendation:
19.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘d’.
a.
Development and use of the site shall be in general conformance with the
narrative report entitled “Yellow Bell Solar Project” consisting of 24 pages, dated
stamped received on September 30, 2021, except as modified by the following
conditions.
b.
Development and use of the site shall be in conformance with the land use exhibit
entitled “Yellow Bell Solar” consisting of 2 pages, dated stamped received on
September 30, 2021, except as modified by the following conditions.
c.
The land use designation of utilities approved as part of case CPA20210010 shall
be subject to the time limits set forth in the subsequent zone change.
CPA2021010
Page 10 of 10
d.
The applicant is proposing to develop a photovoltaic solar electric generating
facility which, pursuant to the Maricopa County Comprehensive Plan,
necessitates a change in the land use designation from Large Lot Residential and
Community Retail Center to Utilities. The proposal by the applicant represents a
comprehensive approach to the subject property and will allow the applicant to
pursue the proper entitlements pursuant to state law so that they can lawfully
operate in unincorporated Maricopa County. This particular proposal is an
appropriate plan for the property and is consistent with the overall intention of the
comprehensive plan. However, in the event that the zone change or a zone
change phase for this particular proposal is not approved by Maricopa County
Board of Supervisors (BOS) within five (5) years from the date of Board approval of
this comprehensive plan amendment, this amendment shall no longer be
effective as the planning justification for this comprehensive plan amendment will
no longer be present. In such instance, a change of the land use designation from
Utilities to Large Lot Residential and Community Retail Center will occur, and all
comprehensive plan land use maps shall be altered to reflect as such, because
this represents superior long-range planning by Maricopa County.
Presented by:
Ray Banker, Senior Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Land Use Exhibits (2 pages)
Narrative Report (24 pages)
MCESD Comments (1 page)
AZGFD Comments (5 pages)
SHPO Email (1 page)
ADOT Email (1 page)
City of Buckeye Email (1 page)
City of Apache Junction Comments (1 page)
ASLD Memo (3 pages)
MARICOPA COUNTY
Legal Description:
T5S, R4W, Section 15, 16, & 21
Applicant: RWE Solar Development, LLC
P&Z Hearing Date:
November 4, 2021
MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA
CPA2021010
Case Address: TBD
Parcels: N/A (State
Trust Land)
SUPERVISORAL DISTRICT NO 5
Major Comprehensive Plan Amendment to change the land use designations in State Route 85 Corridor Area Plan from Large
Lot Residential and Community Retail Center to Utilities.
Phone: 415-361-1455
Yellow Bell Solar Project
Case No. CPA2021010
Application for a Major
Comprehensive Plan Amendment
Narrative Report
SEPTEMBER 2021
SUBMITTED TO
Maricopa County Planning and
Development Department
PREPARED BY
SWCA Environmental Consultants
YELLOW BELL SOLAR PROJECT
APPLICATION FOR A MAJOR COMPREHENSIVE PLAN
AMENDMENT
NARRATIVE REPORT
Prepared for
Maricopa County Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, Arizona 85008
(602) 506-3301
Attn: Ray Banker
Prepared by
SWCA Environmental Consultants
20 East Thomas Road #1700
Phoenix, Arizona 85012
(602) 274-3831
www.swca.com
On Behalf of
RWE Solar Development, LLC
20 California Street, Floor 5
San Francisco, California 94111
(415) 361-1445
Attn: Scott Schwartz
September 2021
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
i
CONTENTS
A. Executive Summary ........................................................................................................................... 1
A.1 On-site and Regional Location ....................................................................................................... 6
A.2 CPA Size and Description of Land Use Type by Acreages ............................................................ 6
A.3 Roads/Transportation Systems Serving the Proposed Project ........................................................ 6
A.4 Suitability with Surrounding Land Uses ........................................................................................ 6
A.4.1
Proposed Use .................................................................................................................... 7
B. Whether the Amendment Consitutues an Overall Improvement to the Comprehensive
Plan ............................................................................................................................................................ 7
C. Whether the Amendment Will Adversely Impact all or a Portion of the Planning Area ............. 8
C.1 Altering acceptable land use patterns to the detriment of the plan ................................................. 8
C.2 Requiring public expenditures for larger and more expensive infrastructure ................................. 8
C.3 Requiring public improvements to roads, sewer, or water systems that are needed to
support the planned land uses ........................................................................................................ 8
C.4 Adversely impacting planned uses because of increased traffic ..................................................... 8
C.5 Affecting the livability of the area or health or safety of present and future residents ................... 9
C.6 Adversely impacting the natural environment or scenic quality of the area in contradiction
to the plan ...................................................................................................................................... 9
D. Whether the Amendment (or Conditional Modification) is Consistent with the Overall
Intent of the Comprehensive Plan ........................................................................................................... 9
E. The Extent to Which the Amendment (or Conditional Modification) is Consistent with the
Specific Goals and Policies Contained within the Plan ........................................................................ 10
E.1 Vision 2030 Comprehensive Plan ................................................................................................ 10
E.1.1
Land Use ......................................................................................................................... 10
E.1.2
Transportation ................................................................................................................. 11
E.1.3
Environment .................................................................................................................... 12
E.1.4
Economic Growth ........................................................................................................... 14
E.1.5
Open Space ..................................................................................................................... 14
E.1.6
Water Resources ............................................................................................................. 14
E.1.7
Energy ............................................................................................................................. 14
E.1.8
Cost of Development....................................................................................................... 15
E.2 State Route 85 Area Plan ............................................................................................................. 15
E.2.1
Land Use ......................................................................................................................... 15
E.2.2
Transportation ................................................................................................................. 15
E.2.3
Environment/Environmental Effects ............................................................................... 16
E.2.4
Economic Development .................................................................................................. 16
E.2.5
Growth Areas .................................................................................................................. 16
E.2.6
Open Space ..................................................................................................................... 16
E.2.7
Water Resources ............................................................................................................. 16
E.2.8
Cost of Development....................................................................................................... 17
F. Other Pertinent Information as Requested by the Maricopa County Planning Department
Staff .......................................................................................................................................................... 17
G. Literature Cited ................................................................................................................................ 18
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
ii
Figures
Figure 1. Yellow Bell Solar Project location............................................................................................... 2
Figure 2. Yellow Bell Solar Project Land Ownership and Jurisdiction. ...................................................... 3
Figure 3. Yellow Bell Solar Project planned land use. ................................................................................ 4
Figure 4. Yellow Bell Solar Project proposed Planned Land Use. .............................................................. 5
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
1
This narrative report addresses the information required to support the request for a comprehensive plan
amendment (CPA) for the Yellow Bell Solar Project (project).
A. EXECUTIVE SUMMARY
RWE Solar Development, LLC, (RWE) is proposing to construct, operate, and maintain the project, an
industrial-scale solar energy generation and battery energy storage system, at a location approximately 2
miles northeast of central Gila Bend in Maricopa County, Arizona (Figure 1). The project is 1,787 acres;
941 acres are in unincorporated Maricopa County and are on Arizona State Land Department (ASLD)–
administered lands. The remaining 846 acres of the project are contiguous to the ASLD land and within
the Town of Gila Bend on privately owned land. The project would include photovoltaic (PV) solar
electrical generating equipment and associated infrastructure, including a battery energy storage system,
collection and transmission lines, an on-site switchyard, and potentially an operations and maintenance
building. Water will be hauled onto the site and the project has no need for a sewer system.
Project construction is expected to occur in one phase of construction starting as soon as October 2022
with construction lasting approximately 18 months. Up to approximately 300 construction employees are
expected over the course of the project. RWE would operate the project 24 hours a day, 365 days a year,
with up to two-to-four permanent, full-time staff.
RWE is requesting a major CPA (MCPA) of approximately 941 acres to change the land use designation
in the Maricopa County 2020 Eye to the Future: State Route 85 Corridor Area Plan (Maricopa County
2003) (State Route 85 Area Plan) from the Large Lot Residential and Community Retail Center land use
designations to Utilities land use designation because the project is not permitted in the existing land use
designations (Figures 3 and 4).
At a future date, RWE will be requesting a zone change of the 941 acres from Rural Zoning District-
190,000 square feet per dwelling unit (RU-190) and Rural Zoning District- 1 acre per dwelling unit
(RU- 43) to Industrial (IND-2) zoning for the project because the project is not a permitted use in the
RU- 190 and RU-43 zones
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
2
Figure 1. Yellow Bell Solar Project location.
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
3
Figure 2. Yellow Bell Solar Project Land Ownership and Jurisdiction.
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
4
Figure 3. Yellow Bell Solar Project planned land use.
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
5
Figure 4. Yellow Bell Solar Project proposed Planned Land Use.
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
6
A.1
On-site and Regional Location
Portions of the project are located on lands under the jurisdiction of both the Town of Gila Bend and
Maricopa County, with the subject of this application being the portion of the project located within
unincorporated Maricopa County. The Maricopa County prescribed land uses for the portion of the
project within unincorporated Maricopa County are identified within the State Route 85 Area Plan.
The closest municipality is the Town of Gila Bend, Arizona, which a portion of the project is within.
The project is north of Interstate 8 (I-8) directly west of State Route 85 approximately four miles east of
the intersection of Hwy 85 and I-8. The project area contains existing utility infrastructure such as a
natural gas-fired electrical generating facility (the Gila River Power Station), industrial-scale PV solar
facilities, the Arizona Public Service (APS) Panda Substation, electrical transmission lines, a canal, the
Gila Bend Municipal Airport, as well as isolated rural residences and agricultural fields (see Figure 1).
A.2
CPA Size and Description of Land Use Type by
Acreages
Land ownership in the area is a mix of private lands, state lands, and federal lands managed by the
Bureau of Land Management (BLM). There is an approximately 40-acre parcel of BLM-administered
land located within the project boundary, but it is not included as part of the project (see Figure 2).
RWE has been in communication with BLM and BLM has no specific concerns regarding the proposed
development. Access to the BLM property will be maintained following construction. Property
surrounding the western part of the project is primarily privately owned; property surrounding the east is a
mix of state land and private land. The land use in the immediate area consists of primarily agricultural,
utility, and rural residential. Within the project area, existing land uses include power generation and
transmission facilities such as the APS Panda Substation, the Gila River Power Station power plant, and
related electrical infrastructure; large lot residential, community retail center; and former/current
agricultural properties.
This application requests an MCPA to change the use designation of the State Route 85 Area Plan of
approximately 941 acres from Large Lot Residential and Community Retail Center land use designations
to Utilities land use designation.
A.3
Roads/Transportation Systems Serving the Proposed
Project
Access to the project would be provided via existing roads. The majority of the project would be
accessible via Old U.S Highway 80 and other local roads. The roads that would provide access are shown
in Figure 2, Figure 3, and Figure 4.
A.4
Suitability with Surrounding Land Uses
The lands in the immediate vicinity of the project are a mix of private lands, ASLD-administered lands,
and BLM-administered lands. The land use in the immediate area consists of undeveloped vacant land
and agriculture uses. However, other related facilities (including a natural gas-fired electrical generating
facility, industrial-scale PV solar facilities, electrical substations, and high-voltage transmission lines) in
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
7
the immediate vicinity of the project make the project site suitable for solar generation. Additionally,
previously approved solar CPAs are within the project vicinity.
RWE has coordinated with the AZ Department of Game and Fish (AGFD), the AZ State Historic
Preservation office (SHPO), and with other state and federal entities as needed to identify project design
considerations that would avoid, minimize, and/or mitigate impacts to the natural environmental
resources and culturally significant resources. No federal listed species or designated wildlife corridors
are present in the project area; however, migratory birds and plants protected under the Arizona Native
Plant Law are expected to be present in the study area. The project will comply with all federal and state
laws, regulations, and guidelines regarding the protection and mitigation of biological, cultural, water,
and other natural resources as required. See Section E.1.3 for more details
A.4.1
Proposed Use
RWE is proposing the development of the project, a PV solar generation facility with battery energy
storage, and associated facilities. At this time, RWE estimates that the project would generate
approximately 200 megawatts, alternating current (MWac) of solar generation and 00MWac, 8-hour
battery storage. In general, the project could occur on all the property identified (see Figure 1) except for
obvious restrictions such as floodways, setbacks, and easements or other rights-of-way.
The PV modules would be mounted on steel support structures or single-axis trackers that are anchored to
or driven into the ground. The project would connect to the APS Panda Substation or a Salt River Project/
Tucson Electric Power point of interconnection collocated with the Gila River Power Station, all of which
are approximately 0.5 mile west of the project (see Figure 1).
B. WHETHER THE AMENDMENT CONSITUTUES AN
OVERALL IMPROVEMENT TO THE COMPREHENSIVE
PLAN
The project location was chosen based on the favorable resources available for PV solar facilities in
southwestern Maricopa County. These resources include large, flat areas with a lack of sensitive
biological resources as well as compatible or existing land use designations within the project area and
proximity to existing electrical and transmission infrastructure.
This amendment would improve the overall State Route 85 Area Plan because it would provide additional
economic opportunity in an efficient growth pattern and make an efficient use of the ASLD-administered
lands more so than their current use. Due to the large availability of solar resources in southwestern
Maricopa County, such as a steady, direct source of sunlight as well as large contiguous areas of
relatively flat land, numerous solar projects have been permitted in the project vicinity. Additionally,
several transmission lines, one substation, and natural gas generation plant exist within the project area
creating an ideal space for large solar development without a need for large transmission infrastructure
improvements. Considering these resources, there are limited areas where energy facility development is
possible, making it important to allow solar development on lands where the criteria is met.
Amending the State Route 85 Area Plan would allow the project and Maricopa County to use favorable
solar resources, land use designations, and transmission infrastructure to create economic opportunity.
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C. WHETHER THE AMENDMENT WILL ADVERSELY
IMPACT ALL OR A PORTION OF THE PLANNING AREA
The MCPA for the project is expected to result in negligible adverse impacts on the State Route 85 Area
Plan, as outlined below.
C.1
Altering acceptable land use patterns to the detriment
of the plan
The project would not alter any nearby land uses or patterns and would be consistent with the other
adjacent and nearby energy and utility uses including existing generation sites, transmission lines, and
several other solar projects in the vicinity of the project. The project would also be compatible with
nearby agricultural uses.
C.2
Requiring public expenditures for larger and more
expensive infrastructure
The project would not require additional public infrastructure, and it would use existing electrical
infrastructure, such as the APS Panda Substation.
C.3
Requiring public improvements to roads, sewer, or
water systems that are needed to support the planned
land uses
No public improvements to roads, sewer, or water systems would be needed as a result of the project.
Water is expected to be hauled to the site during construction and operation or obtained from new or
existing wells on-site. Water hauled to the site would be from permitted sources, and any new or existing
wells on-site will be permitted through the Arizona Department of Water Resources (ADWR) as needed.
Any proposed road construction needed to access the project would be constructed and paid for by RWE,
in coordination with the Arizona Department of Transportation (ADOT) and the Maricopa County
Department of Transportation (MCDOT) as necessary and would not require public expenditures.
C.4
Adversely impacting planned uses because of
increased traffic
The project would have minimal effects on traffic. There would be minimal increased traffic during the
relatively short construction period due to the delivery of equipment/supplies and the commuting of the
construction workforce, but there would be no notable increase in traffic during the operation and
maintenance of the project.
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C.5
Affecting the livability of the area or health or safety of
present and future residents
The project would create no adverse effects on the livability of the area or health and safety of present and
future residents. The project would not use or store hazardous materials, generate substantial emissions,
or have other potential negative effects on health and safety. Fugitive dust emissions would likely be
reduced. The project contemplated by this amendment is located near several other solar facilities,
substations, and transmission lines, making the project location and efficient development pattern since it
is near an area already containing several electrical generation, transmission, and distribution facilities.
No current residential developments are planned for this area.
C.6
Adversely impacting the natural environment or scenic
quality of the area in contradiction to the plan
The project would have minimal impacts on the natural environment and scenic quality of the area.
The project is located adjacent to the highly traveled I-8, and travelers would likely be able to see the
solar facility from this route; however, it would only be seen by travelers for a short duration and is
expected to result in minimal impacts to the scenic quality of the area. The State Route 85 Area Plan notes
that Old U.S. Highway 80, from the junction with State Route 85 south to Stout Road in the Town of Gila
Bend, is a scenic corridor. This corridor is approximately 1.7 miles south of the project so no scenic
impacts are anticipated from this corridor.
Other potential scenic impacts could be experienced by infrequent dispersed recreational users recreating
on the BLM landfill parcel enclosed by the solar facility (see Figure 2) or travelers along local roads in
the area; however, RWE has been in communication with BLM and BLM has no specific concerns
regarding the proposed development. Access to the BLM property will be maintained following
construction. The impacts to these users would be minimal because the proposed project is consistent
with the existing utility uses in the area.
RWE has completed or is in the process of completing environmental surveys, including biological,
cultural, Phase I site assessment, and water resource surveys for the project area. RWE will coordinate
with state and federal entities as needed to identify project design considerations that would avoid,
minimize, and/or mitigate impacts to the natural environmental resources. No federal listed species or
designated wildlife corridors are present in the project area; however, migratory birds and plants protected
under the Arizona Native Plant Law are expected to be present in the study area. The project will comply
with all federal and state laws, regulations, and guidelines regarding the protection and mitigation of
biological, cultural, water, and other natural resources as required. See Section E.1.2 for more details.
D. WHETHER THE AMENDMENT (OR CONDITIONAL
MODIFICATION) IS CONSISTENT WITH THE OVERALL
INTENT OF THE COMPREHENSIVE PLAN
Though the MCPA is specifically land use change in the State Route 85 Area Plan, the project would also
be consistent with the goals and intents of the Maricopa County Vision 2030 Comprehensive Plan
(Vision 2030 Plan) (Maricopa County 2016). The overall intent of the Vision 2030 Plan is based on three
core principles. These principles also guide Maricopa County’s decisions regarding future development,
and for when changes to this plan are justified: 1) Decisions should support implementation of Maricopa
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
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County’s mission statement and strategic priorities; 2) Maintain a disciplined approach where
comprehensive plan policies and growth- related decisions are understandable, measurable, consistent,
practical and promote efficiency. Land use decisions are also based on these factors; 3) Avoid future
problems by carefully considering past decisions. The policies and recommendations in the Vision 2030
plan are based on these principles. Since the project adheres to the overall elements, goals, and policies of
the Vision 2030 plan (see Section E), the project is consistent with the overall intent of the Vision 2030
plan, as well.
The State Route 85 Area Plan “was completed to reflect current conditions and to accommodate a portion
of the anticipated growth in a manner that is consistent with protecting public health, safety, convenience,
and general welfare. In addition to elements examining Land Use, Transportation, Environment, and
Economic Development, this Area Plan includes Environmental Effects, Growth Areas, Open Space,
Water Resources, and Cost of Development elements... This Area Plan contains a series of goals,
objectives, and policies used to define development standards, guide public investment, and guide public
and private decision-making” (Maricopa County 2003:VVI). Because the project adheres to the goals,
objectives, and policies of the State Route 85 Area Plan (see Section E), the project is consistent with the
overall intent of the State Route 85 Area Plan, as well.
E. THE EXTENT TO WHICH THE AMENDMENT (OR
CONDITIONAL MODIFICATION) IS CONSISTENT WITH
THE SPECIFIC GOALS AND POLICIES CONTAINED
WITHIN THE PLAN
E.1
Vision 2030 Comprehensive Plan
E.1.1
Land Use
Land Use Goal #1: Achieve balanced and efficient development patterns.
The amendment will be consistent with this goal as it will be compatible with adjacent uses, will have no
long-term effects on the efficiency of the transportation system, and would be a balanced land use
decision as there are no sensitive natural environmental features (see Environmental Policy #5 under
Section E.1.3.). Additionally, the project contemplated by this amendment is located near several other
solar facilities, substations, and transmission lines, making the project location and efficient development
pattern since it is near an area already containing several electrical generation, transmission, and
distribution facilities.
The proposed project (i.e., a solar facility) contemplated by the amendment requires a large amount of flat
land. The proposed project site is compatible with this land use because the area is a large amount of flat
land and in a rural, undeveloped setting and is surrounded by undeveloped or agricultural lands.
Land Use Policy #2: Maricopa County supports phasing plans for new urban development to
coordinate such development with new urban services and infrastructure.
RWE will coordinate with any new urban services and infrastructure as needed (including, but not limited
to ADOT, the Gila Bend Fire District, or the Buckeye Valley Fire District).
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Land Use Policy #10: Maricopa County supports coordinated planning efforts between local, state,
and federal agencies.
The portion of the project in unincorporated Maricopa County contemplated by the amendment is located
entirely on ASLD-administered lands. RWE has begun and is coordinating the lease application process
with ASLD for the project.
Land Use Policy #15: Maricopa County supports evaluating comprehensive plan amendments and
zoning district boundary changes to determine the existence of the urban services and
infrastructure identified in this element.
The project contemplated by the amendment is near several high-voltage transmission lines and is
adjacent to the substation that would serve as the point of interconnection, making the project area an
appropriate location for this type of facility as existing infrastructure is compatible with this type of
development. Several other solar facilities are near the project, as well. RWE anticipates no need for
sewer or septic facilities, and water is expected be hauled to the site during construction and operation or
obtained from new or existing wells on-site. The Gila Bend Fire District or the Buckeye Valley Fire
District can provide fire and emergency medical services to the project area through subscription or
district incorporation, and the Maricopa County Sheriff’s Department provides law enforcement service
to the project area. RWE will coordinate further with the Gila Bend Fire District and/or Buckeye Valley
Fire District to determine how best to serve the site with fire and emergency medical services. Therefore,
existing infrastructure and urban services can support this type of proposed development.
Land Use Policy #22: Maricopa County supports reducing the impacts of new development on
environmentally sensitive areas, including native wildlife (flora and fauna) habitat and corridors.
The project area is mainly mapped as having native vegetation characteristic of the Sonoran/Mohave
Desert Scrub biome. There is native wildlife (flora and fauna) habitat and corridors in the project area (see
Environmental Policies #4 and #5 under Section E.1.3 for detailed information). RWE will comply with
applicable federal, state, and local laws, regulations, and guidelines as required to avoid, minimize, and
mitigate the impacts to the wildlife habitat present in the project area. RWE will also comply with
requested construction recommendations made by AZGFD (See Section E.1.3., Environmental Policy
#4.)
Land Use Policy #33: Maricopa County supports using land use buffers and compatible land use
strategies near existing and future high voltage electric utility line corridors.
The project location was identified because of the close proximity to several high-voltage transmission
lines, electrical generating facilities, and the substation to which the project will interconnect. The project
is compatible with these existing electrical generation and transmission facilities and was sited in
proximity to these facilities based on this compatibility and as a strategy to limit the need for additional
new transmission and/or substation infrastructure.
E.1.2
Transportation
Transportation Policy #1: As necessary, Maricopa County supports preserving future road
alignments called for in county-recognized transportation plans, especially mid-section line, section
line, and arterial roads; parkways; freeways; and interchanges.
RWE will work with ADOT and/or MCDOT to preserve the alignments of State Route 85 and Old U.S.
Highway 80 as needed.
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E.1.3
Environment
Environmental Policy #2: To help improve air quality Maricopa County supports balanced and
efficient land use patterns where employment, retail and residential land uses are proximate rather
than separate.
Air quality impacts resulting from fugitive dust emissions from the subject lands would be lessened from
current conditions by the development of the project. Dust/dirt would affect the performance of the solar
panels. Therefore, after development of the solar fields, the ground surface would be treated to reduce
potential fugitive dust. In addition to minimizing the effects this dust would have on the solar panels, this
would also reduce the amount of fugitive dust from these lands that could affect local air quality.
Environmental Policy #3: To help protect water quality Maricopa County supports compliance
with its Drinking Water program and its Water and Wastewater Treatment program.
RWE anticipates no need for sewer or septic facilities, and water is expected be hauled to the site during
construction and operation.
RWE will comply with the Drinking Water program and Water and Wastewater Treatment program, as
necessary.
Environmental Policy #4: Maricopa County supports innovative project design and development
techniques that protect important plant and animal habitat and migration corridors.
The project contemplated by the amendment is in an important connectivity zone for wildlife movement,
however, no designated wildlife corridor is associated with it and the area is already segmented by
transportation and canal infrastructure. A desktop review of the project determined that wildlife and plant
species listed under the Endangered Species Act may occur in the project site; however, no critical habitat
for federally listed species has been designated within or near the project site. Bird species protected by
the Migratory Bird Treaty Act are expected to forage, nest, and/or migrate through the project area.
Bat species protected by state statutes are expected to forage and migrate through the project area.
Plants protected by the Arizona Native Plant Law are likely to be impacted as a result of project
construction.
The project will comply with all applicable federal and state laws, regulations, and guidelines regarding
the protection of plant and animal species, habitat, and migration corridors and recommendations from
AZGFD (letter dated July 27, 2021).
Environmental Policy #5: As directed by the State Historic Preservation Office (SHPO) and
Arizona Game and Fish Department, Maricopa County supports cultural resource and biological
surveys being completed – and needed mitigation measures established – prior to new development.
Because the project being contemplated by the amendment is located entirely on ASLD-administered
lands, RWE will conduct biological and cultural resources surveys as part of obtaining a lease from
ASLD. A desktop review of cultural, biological, and water resources for the project has determined the
following:
•
Cultural resources: Trail segments, in association with pre-Contact and historic-
era artifacts and the known history of the general area have been identified within the
project area. The project is situated nearby the Great Bend of the Gila, a traditional
cultural property and nationally significant cultural landscape. No direct effects to
this traditional cultural property are anticipated. As part of the ASLD lease
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application process, RWE has commissioned a cultural resource survey of the
project area, and the project will comply with all applicable federal and state laws,
regulations, and guidelines regarding the protection and mitigation of cultural
resources as required.
•
Biological resources: RWE has coordinated with and prepared a biological
resources analysis. AZGFD made recommendations for protection of wildlife
species including western burrowing owl (Athene cunicularia hypugaea), protection
of Sonoran desert habitat, and general wildlife species. The project will comply
with all applicable federal and state laws, regulations, and guidelines regarding the
protection and mitigation of water resources as required.
•
Water resources: Surface water features were found within the project area and
appear to be ephemeral and are therefore unlikely to be considered jurisdictional
waters of the United States. Approximately 55.4 acres within the project is mapped
as special flood hazard areas. Water resource surveys are in process of being
completed for the project. The project will comply with all applicable federal and
state laws, regulations, and guidelines regarding the protection and mitigation of
water resources as required.
The presence of any potentially significant cultural, biological, or water resources within the project area
will not be fully known until on-site surveys are conducted. RWE will complete these on-site cultural,
biological, and water resource surveys and reports in support of the ASLD application process.
RWE will coordinate with any applicable federal and state agencies regarding these resources based on
the on-site survey findings of these resources. The following coordination and compliance could occur
based on the potential presence of certain resources:
•
RWE may coordinate with ASLD (who may then coordinate with the State Historic Preservation
Office) regarding cultural resources.
•
RWE may coordinate with ASLD (who may then coordinate with the U.S. Army Corps of
Engineers) or will coordinate directly with the U.S. Army Corps of Engineers regarding the
presence of water resources.
•
RWE may coordinate with ASLD (who may then coordinate with the U.S. Fish and Wildlife
Service) or will coordinate directly with the U.S. Fish and Wildlife Service regarding federally
listed species that are protected under the Endangered Species Act.
•
RWE may coordinate with the ASLD (who may then coordinate with the Arizona Department of
Agriculture) regarding native plants and noxious weeds.
•
RWE will comply with the Migratory Bird Treaty Act, as required.
It is anticipated that these coordination and compliance efforts will ensure that the impacts to cultural,
biological, and water resources on the project site are sufficiently avoided, minimized, and mitigated.
Environmental Policy #7: Where necessary Maricopa County supports noise reductions in new
development design and in the construction of new buildings.
The project would generate noise during construction; however, the nearest residence is approximately
0.60 mile west of the project, and the next nearest residence is approximately 0.85 mile southwest of the
project. No other nearby sensitive noise receptors have been identified. The residence approximately 0.60
mile away may experience some temporary minor noise impacts from project construction, but the project
is anticipated to general minimal noise during operation.
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E.1.4
Economic Growth
Economic Growth Goal #1: Contribute to an effective regional economy.
RWE estimates that up to approximately 300 construction employees are expected over the
course of project construction. RWE would operate the project with up to approximately
two-to-four permanent, full-time staff. These construction and operational jobs as well as
tax revenue from the project would help contribute to the regional economy.
Economic Growth Policy #10: Maricopa County supports leveraging its solar resource potential to
attract solar-related industries and alternative energy research and development.
The proposed project being contemplated by this amendment (i.e., a solar generation facility) directly
supports this economic growth policy.
E.1.5
Open Space
Open Space Goal #1: Provide regional leadership to promote environmental quality, including the
preservation of open, natural park and recreation lands.
No formal parks, open space, recreational lands, or trails are in the project area contemplated by this
amendment. The project surrounds, but does not directly impact, BLM-administered land that was
designated as proposed open space by the State Route 85 Area Plan. No known formal open space uses
occur on this land, and no public proposals have been submitted to BLM for this land. Access to the BLM
parcel would remain via Old U.S. Highway 80.
E.1.6
Water Resources
Water Resource Goal #5: Maricopa County supports low water use solar electric generating
technologies.
The project being contemplated by this amendment uses PV solar technology, which requires little water
except for maintenance for cleaning the solar panels and equipment. RWE will either haul water to the
site during construction and operation or obtain it from new or existing wells on-site. Water hauled to the
site would be from permitted sources, and any new or existing wells on-site will be permitted through the
Arizona Department of Water Resources (ADWR) as needed.
E.1.7
Energy
Energy Goal #2: Make Maricopa County a leader in alternative energy research and development.
The project being contemplated by this amendment would help Maricopa County fulfill this goal because
the project (i.e., a solar generation facility) is a form of alternative energy development.
Energy Goal #6: Maricopa County supports being a responsible leader in alternative energy
research and development.
The project being contemplated by this amendment would help Maricopa County fulfill this goal because
the project (i.e., a solar generation facility) is a form of alternative energy development and would be
sited at a compatible location that has minimal conflict with environmental resources on-site and is
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
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surrounded by similar land use types (i.e., solar generation and electrical transmission and distribution) as
the proposed project.
Energy Goal #7: Maricopa County supports efforts to assist businesses and individuals with
renewable energy options and energy conservation.
The project being contemplated by this amendment would help Maricopa County fulfill this goal because
the project (i.e., a solar generation facility) is a form of renewable energy and would provide businesses
and individuals with additional opportunities to use renewable energy.
E.1.8
Cost of Development
Cost of Development Goal #2: New development pays its proper and reasonable share of the costs
of new infrastructure, services, and other public improvements.
The project will not require new infrastructure, services, and other public improvements. Should such
improvements they be unexpectedly triggered by the project, RWE is committed to paying its proper and
reasonable share of the costs. While no project-related public expenditures are proposed or anticipated,
RWE will likely need to develop short, internal access roads to portions of the site for internal circulation.
These internal roads will be gravel or compacted dirt roads. Any proposed road construction needed to
access the project would be constructed and paid for by RWE, in coordination with ADOT and MCDOT
as necessary, and would not require public expenditures.
E.2
State Route 85 Area Plan
E.2.1
Land Use
Goal L1: Promote efficient land development that is compatible with adjacent land uses, is well
integrated with the transportation system, and is sensitive to the natural environment
See Land Use Goal #1 under Section E.1.1 and Environmental Policy #5 under Section E.1.2 for this
response.
Objective L2.1: Encourage development that is compatible with existing and future freeways, as
well as other prominent land use features within the area immediately adjacent to State Route 85.
The project being contemplated by this amendment runs parallel to two existing highways: State Route 85
and Old U.S. Highway 80. The development of a solar facility as an industrial/utility use is a compatible
land use near transportation facilities, and neither State Route 85 nor Old U.S. Highway 80 are considered
scenic routes near the project site; however, the State Route 85 Area Plan does note that Old U.S.
Highway 80 is considered a scenic corridor more than 1 mile south of the project site. No prominent land
use features exist within the project as identified in the State Route 85 Area Plan, and no existing facilities
or utilities would be impacted as identified in the State Route 85 Area Plan
E.2.2
Transportation
Objective T1.2: Minimize traffic congestion on regional routes, state highways, and urban arterial
roads
During construction, RWE estimates that a total of 150 trips per day on average would occur (for a total
of 54,000 trips during construction) along primary access roadways. During operation, RWE estimates
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
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that a total of 2 trips per day would occur along primary access roadways. This represents an approximate
2% increase along State Route 85 (8,273 Average Annual Daily Traffic [AADT] in 2020) (Maricopa
Association of Governments 2021) during construction and a negligible increase during operations.
Therefore, traffic volumes along State Route 85 during construction and operation of the project would be
minimally impacted, resulting in minimal additional traffic congestion.
RWE will coordinate with the ADOT and/or MCDOT as needed to ensure that any project access
improvements meet applicable design standards and that any oversize or overweight vehicle traffic is
properly permitted.
E.2.3
Environment/Environmental Effects
Goal E1: Promote development that mitigates adverse environmental impacts on the natural and
cultural environment and preserves highly valued open space.
See Environmental Policy #5 under Section E.1.2 for response.
E.2.4
Economic Development
Goal ED1: Promote a growing, balanced, efficient, and diversified economy, consistent with
available resources, that enhances quality employment opportunities, improves quality of life, and
is sensitive to the natural and cultural environment.
RWE estimates that up to approximately 300 construction employees are expected over the course of
project construction. RWE would operate the project with up to approximately 2 to 3 permanent, full-time
staff. These construction and operational jobs would help contribute to a regional, diversified economy.
E.2.5
Growth Areas
Goal G1: Promote orderly, timely, and fiscally responsible growth in the State Route 85 Corridor
planning area.
See Land Use Goal #1 under Section E.1.1 for response.
E.2.6
Open Space
Goal OS1: Maintain existing open space and encourage expansion of open space to address public
access, connectivity, education, preservation, buffering, quantity, quality, and diversity.
See Open Space Goal #1 under Section E.1.4 for response.
E.2.7
Water Resources
Goal W1: Promote development that makes conservative use of renewable water supplies such as
effluent, surface water, and Central Arizona Project water when feasible, and that uses
groundwater as the primary source only in the absence of renewable sources.
RWE will haul water to the site during construction and operation. Water hauled to the site would be from
permitted sources.
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
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RWE will consider this goal and will obtain surface water or Central Arizona Project water to the extent
practicable; however, effluent water cannot be used during operation as clean water is needed to wash PV
panels. RWE will consider effluent water use during construction for dust suppression.
E.2.8
Cost of Development
Goal CD1: Ensure that new development pays its fair and proportional share of the cost of
additional public facility and service needs generated by new development.
See Cost of Development Goal #2 under Section E.1.7 for response.
F. OTHER PERTINENT INFORMATION AS REQUESTED BY
THE MARICOPA COUNTY PLANNING DEPARTMENT
STAFF
During the preapplication meeting for the project being contemplated by this amendment it was noted that
while a Traffic Impact Analysis was not required, a discussion of anticipated traffic impacts should be
included. A brief discussion of these traffic impacts and anticipated road improvements is provided
below.
The project would require an access road network, which would consist of existing primary access
roadways (State Route 85 and Old U.S. Highway 80) and the construction of internal access roads that
may lead up to these primary access roadways. The project site east and west of State Route 85, and east
and west of Old U.S. Highway 80, would be accessed via newly constructed roads. Any newly
constructed roadways would be developed in accordance with state or local building requirements as
needed. RWE will work with ADOT and/or MCDOT to preserve the alignments of State Route 85 and
Old U.S. Highway 80 as needed.
The trip generation during construction of the proposed project would occur during the entire construction
phase, which is anticipated to last 18 months. The trip generation during operation of the proposed project
would occur for the operational phase of the project, which is expected to be 35 years.
During construction, RWE estimates that a total of 150 trips per day on average would occur (for a total of
54,000 trips during construction) along primary access roadways. During operation, RWE estimates that a
total of 2 trips per day would occur along primary access roadways
Yellow Bell Solar Project Application for a Major Comprehensive Plan Amendment Narrative Report
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G. LITERATURE CITED
Bureau of Land Management. 2021. BLM National NEPA Register. Available at:
https://eplanning.blm.gov/eplanning-ui/home. Accessed April 2021.
Maricopa Association of Governments. 2021. Traffic Volume Survey and Traffic Count Maps. Available
at: https://www.azmag.gov/Programs/Transportation/System-Analysis-and-Forecasting/Traffic-
Volume-Survey-and-Traffic-Count-Maps. Accessed May 2021.
Maricopa County. 2003. Maricopa County 2020 Eye to the Future: State Route 85 Corridor Area Plan.
Available at: https://www.maricopa.gov/DocumentCenter/View/6626/State-Route-85-Corridor-
Area-Plan-PDF. Accessed May 2021.
Maricopa County. 2016. Vision 2030 Comprehensive Plan. Available at:
https://www.maricopa.gov/DocumentCenter/View/3786/Vision-2030-Maricopa-County-
Comprehensive-Plan-PDF#:~:text=Vision%202030%20promotes%20functional%2C%20
efficient,budget%20and%20minimize%20tax%20burdens. Accessed May 2021.
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE:
July 20, 2021
TO :
Ray Banker, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Yellow Bell Solar - Major CPA. CPA2021010
The Maricopa County Environmental Services Department (MCESD) has reviewed
revised documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project is a Yellow Bell Solar - Major
CPA at APN# Arizona State Trust Land. Water and Sewer information is not provided.
MCESD has concerns, Water hauled to the site would be from permitted sources, and
any new or existing the Arizona Department of Water Resources (ADWR) as needed,
NSA from MCESD Drinking Water program also is needed. Sewer service also must be
permitted by MCESD.
Based on the above, MCESD raised no objections to the Planning & Development
Department in Accela: on July 20, 2021 and will allow the project to proceed at this
time subject to the following stipulations
Stipulations:
None.
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. Other Maricopa
County agencies may have additional requirements. Final review and approval will be
made through Planning and Development Department procedures. Applicant may
need to submit separate applications to the Maricopa County Environmental Services
Department for approval of proposed facilities regulated by the Department. Review
of any such application will be based on regulations in force at the time of application.
September 29, 2021
Whitney Rubin
Sr. Project Manager
RWE Solar Development, LLC.
20 California Street, Floor 5
San Francisco, California 94111
Electronically submitted to: whitney.rubin@rwe.com
RE:
Yellow Bell Solar Maricopa County Major Comprehensive Plan Amendment
Dear Whitney Rubin:
The Arizona Game and Fish Department (Department) appreciates the opportunity to review the
Yellow Bell Solar Maricopa County Major Comprehensive Plan Amendment (MCPA). RWE,
Solar Development, LLC (RWE) proposes to construct, operate, and maintain the Project, an
industrial scale solar energy generation and battery energy storage system at a location
approximately 2 miles northeast of central Gila Bend, Maricopa County, Arizona, north of
Interstate 8, and west of State Route 85. The project is approximately 1,787 acres in total, of
which 941 acres are located on Arizona State Land Department administered lands within
unincorporated Maricopa County, Arizona.
Under Title 17 of the Arizona Revised Statutes, the Department, by and through the Arizona
Game and Fish Commission (Commission), has jurisdictional authority and public trust
responsibilities to protect and conserve the state fish and wildlife resources. In addition, the
Department manages threatened and endangered species through authorities of Section 6 of the
Endangered Species Act and the Department’s 10(a)1(A) permit. It is the mission of the
Department to conserve and protect Arizona's diverse fish and wildlife resources and manage for
safe, compatible outdoor recreation opportunities for current and future generations. For your
consideration, the Department provides the following comments based on the agency's statutory
authorities, public trust responsibilities, and special expertise related to wildlife resources and
recreation.
Department personnel had an opportunity to review the Yellow Bell Solar MCPA (CPA2021010)
project in July of 2021; we provided project comments and recommendations on July 27, 2021,
in response to a July 7, 2021 review request by the Maricopa County Planning and Development
Department. As no significant changes have been made to the design and function of the project
since the July 2021 review, the comments and recommendations the Department provided
previously are still valid, and the comment letter is attached for your consideration.
Yellow Bell Solar Maricopa County Major Comprehensive Plan Amendment
September 29, 2021
Page 2
Thank you for the opportunity to provide input on the Yellow Bell Solar Maricopa County Major
Comprehensive Plan Amendment. For further coordination, please contact me at
cboucher@azgfd.gov or 623-236-7615.
Sincerely,
Cheri Bouchér
Project Evaluation Project Specialist, Habitat Branch
AGFD # M21-09140233
cc
Ginger Ritter, Project Evaluation Program Supervisor AGFD (gritter@azgfd.gov)
Tyler Williford, Habitat Program Manager, Region IV (twilliford @azgfd.gov )
July 27, 2021
Mr. Ray Banker
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
Electronically submitted to: adam.cannon@maricopa.gov
RE: Yellow Bell Solar and Storage Project
Dear Mr. Banker:
AttherequestofMaricopaCounty,theArizonaGameandFishDepartment(Department)has
reviewed the Comprehensive Plan Amendment Application (CPA), CPA2019010, for the
proposed solar facility at a location approximately 2 miles northeast ofcentralGilaBendin
Maricopa County, Arizona. TheDepartmentunderstandsthatRWESolarDevelopment,LLC,
(RWE) is proposing the construction, operation, and maintenance of anindustrial-scalesolar
energy generation and battery energy storage system. The project is 1,787 acres that would
include photovoltaic (PV) solar electrical generating equipment andassociatedinfrastructure,
including a battery energy storage system, collection and transmission lines, an on-site
switchyard, and potentially an operations and maintenance building.
Under Title 17 of theArizonaRevisedStatutes,theDepartment,byandthroughtheArizona
Game and Fish Commission (Commission), has jurisdictional authority and public trust
responsibilitiesformanagementofthestate'sfishandwildliferesources.Itisthemissionofthe
DepartmenttoconserveandprotectArizona’sdiversefishandwildliferesourcesandmanagefor
safe,compatibleoutdoorrecreationopportunitiesforcurrentandfuturegenerations.Similarly,
theDepartmentrecognizestheimportanceofplanningeffortsthatcontributetothecountyand
thestate’seconomicgrowthneedsandopportunitiestodeveloprenewableenergylocations.The
Department recognizes that appropriate coordination, proper planning, and voluntary
implementation of best management practices allow projects to be developed that avoid,
minimize, or mitigate potential impacts to wildlife habitat and populations.
Totheextentpossible,theDepartmentencouragespre-constructionsurveysandmonitoringto
determinespeciespresenceasreferencedinourGuidelinesforSolarDevelopmentinArizona.
The Department is available to review survey designs, provide input on developing
best-managementpractices,andareavailabletoassistindevelopingthiseconomically-important
facility while also minimizing any potential impacts to wildlife during construction and
operation of the facility.
Yellow Bell Solar and Storage Project
July 27, 2021
Page 2
The western burrowing owl (Athene cunicularia hypugaea) is a specialstatusspeciesthatis
regulated under the Migratory BirdTreatyAct(MBTA).Ifsuitablehabitatforthisspeciesis
present within or adjacent to your project area, the Department recommends conducting an
occupancy survey forwesternburrowingowlstodetermineifthisspeciesoccurswithinyour
project footprint. Guidelines for conducting this survey are found in Burrowing OwlProject
Clearance Guidance for Landowners. Please note that the survey should be conducted by a
surveyor that is certified by the Department. If an active burrowing owlburrowisdetected,
pleasecontacttheDepartmentandtheU.S.FishandWildlifeServicefordirection,inaccordance
with the Burrowing Owl Project Clearance Guidance for Landowners.
The Department would like to provide the following general recommendations:
●
Sonoran desert habitats and its associated fauna arehighlydependentontheminimal
precipitationreceivedeachyear.Theresultingsheetflowscontributetothehydrologyof
areas where rain events often occur in isolated patches. To the extent possible, the
Departmentrecommendsminimizingalterationstothelandscapethathavethepotential
to impact vegetation andalterwildlifedistributionsandabundancebeyondtheproject
area.
●
Artificialnightlightingmayattractinsectsandthespeciesthatpreyonthem(e.g.bats).It
could also impair the ability of nocturnal animals to navigate. The Department
recommends using only the minimum amount of light needed for safety. If feasible,
narrowspectrumlightingiswildlife-friendlyandshouldbeusedasoftenaspossibleto
minimizethenumberofspeciesaffectedbylighting.Itisalsobeneficialthatalllighting
is shielded, canted, or cut to minimize the amount of upward shining light.
●
Birdsofpreysuchasraptors,owls,vultures,andeaglesarevulnerabletoelectrocution
andpowerlinestrikesduringconstructionandoperation.Thereareanumberofdesign
featuresthatcanminimizetheseimpactstotheseimportantspecies.TukJacobsonisthe
Department’sraptorexpertandwillbewillingtoshareinformationonbestmanagement
practices; he can be contacted at KJacobson@azgfd.gov or 623-236-7575.
●
Powerpolescanserveasperchesformanybirdsofpreyandtherearedesignfeaturesfor
structuresthatcanreduceimpactstotheseimportantspecies.Anotherpossiblealternative
toreducemortalityisusingbirdflightdiverterstodecreaseavianmortalities.Again,Mr.
Jacobsonhasexpertiseinallofthebestmanagementpracticesandwouldbeavailableto
share his knowledge in the pre-design phase of this project.
●
TheDepartment’sWildlifeCompatibleFencingGuidelinesprovideinformationonhow
fencing impacts wildlife, waystodesignfencingtopreventwildlifeentanglementand
impalement, and to ensure wildlife movement is not restricted. The Department
developed these guidelines to assist landowners, project managers, land management
agencies, and others in designing wildlife compatible fences. The focus is on fence
design rather than detailed fence construction specifications. The goal is to provide
guidance in designing a fence thatwillachieveitsobjectivewithminimumimpactto
wildlife.
●
If trenching will occur for the proposed project, the Department recommends that
trenching and backfilling crews be close together to minimize the amount of open
trenches at any given time. Where trenches cannot be back-filled immediately, the
Departmentrecommendsescaperampsbeconstructedatleastevery90meters.Escape
Yellow Bell Solar and Storage Project
July 27, 2021
Page 3
rampscanbeshortlateraltrenchesorwoodenplanksslopingtothesurface.Theslope
shouldbelessthan45degrees(1:1).Trenchesthathavebeenleftopenovernightshould
be inspected and animals removed prior to backfilling.
Thankyoufortheopportunitytoprovidecommentsonthisproposedproject.TheDepartment
looksforwardtocontinuedcommunicationswithMaricopaCountyandRWEregardingproject
developmentandimplementation.Pleasecontactmeat623-236-7222orACavalcant@azgfd.gov
if you have any questions, or would like to further discuss our concerns and recommendations.
Sincerely,
Andrew Cavalcant
Project Evaluation Project Specialist, Habitat Branch
Cc
Ginger Ritter, Project Evaluation Program Supervisor AGFD (gritter@azgfd.gov)
Tyler Williford, Habitat Program Manager, Region IV (twilliford@azgfd.gov)
AGFD #M21-06184841
From:
David Jacobs
To:
Ray Banker (PND)
Cc:
Michael O"hara
Subject:
CPA2021010 Yellow Bell Solar & CPA2021011 Hyder Solar
Date:
Friday, July 16, 2021 1:46:57 PM
Ray-
Our office recently received notifications for two large solar projects, Yellow Bell Solar
[CPA2021010] and Hyder Solar [CPA2021011], both involving significant acreage of lands
administered by the Arizona State Land Department [ASLD]. Our records indicate these
project areas have not been inventoried for cultural resources, and we recommend a qualified
cultural resource specialist survey the project areas to locate and identify any cultural
resources that may be present within these areas. The narratives of both of the proposed solar
projects note their intent to complete the required survey and reporting as specified in the
County's Environment Policy # 5.
Our office looks forward to receiving an archaeological survey report for review, and
appreciates your cooperation with this office in considering the impacts of development to
cultural resources in the State of Arizona. If you have any questions or concerns, please
contact me at djacobs@azstateparks.gov or 602-542-7140.
David Jacobs, Arizona State Historic Preservation Office
From:
Bruce Fenske
To:
whitney.rubin@rwe.com
Cc:
Ray Banker (PND); Gerardo (Gerry) Ramirez
Subject:
MCPA Application for Yellow Bell Solar
Date:
Tuesday, September 28, 2021 8:00:05 AM
Mr. Whitney:
The Southwest District of the Arizona Department of Transportation requests the opportunity
to review and comment on a traffic statement prepared by a professional engineer registered in
Arizona specifying the projected traffic volumes during construction. Specifically, what is the
type (size and weight) and frequency of vehicles over what period of time expected to
access the site via the nearest crossroad to SR 85? Please include a turning template for the
largest vehicle(s) turning to/from the intersecting crossroad and SR 85.
Thank you.
Bruce A. Fenske, P.E.
Assistant District Engineer
Southwest District
Tel. 928.317.2138
Mobile 928.210.8882
From:
Hobart Wingard
To:
Ray Banker (PND)
Cc:
Adam Copeland
Subject:
County Case Review
Date:
Tuesday, July 6, 2021 7:52:06 AM
Attachments:
image001.png
Good morning Mr. Banker,
The City of Buckeye is in receipt of the following cases to review/comment on:
· CPA2021007 – Harquahala Sun
· CPA2021010 – Yellow Bell Solar
· CPA2021001 – Hyder Solar and Storage
After reviewing these three (3) solar major Comprehensive Plan Amendments,
Buckeye staff has no comments.
Thank you,
Bart
HOBART (BART) WINGARD | PRINCIpAL PLANNER | DEVELOpMENT SERVICEs
CITY OF BUCKEYE | 530 EAsT MONROE AVENUE, BUCKEYE, AZ 85326
O: 623.349.6207 | C: 623.208.8830 | hwINGARD@BUCKEYEAZ.GOV
cIty haLL hOURs: mON-thURs 7am-6pm
CLOsED ON FRIDays
www.buckeyeaz.gov
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addressed in the message. If you are not the named addressee, you should not disseminate,
distribute, or copy this e-mail. If you are not the intended recipient, you are notified that
disclosing, distributing, or copying this e-mail is strictly prohibited.
502 N. 44th Street, Suite 200 ▪ Phoenix, AZ 85008 ▪ (602) 506-2364 ▪ (602) 506-3711 fax
➢Internet: www.maricopa.gov/planning
DATE:
November 4, 2021
TO:
Planning & Zoning Commission
FROM:
Ray Banker, Senior Planner
SUBJECT:
CPA2021010 – Yellow Bell Solar
Agenda Item: PZ-6
After writing of the staff report for CPA2021010, staff received comments from Luke Air
Force Base (LAFB) which are attached. They mention that the proposed solar facility
“could possibly impact” flying operations as the site is near Military Training Routes (MTR)
where jets fly as low as 300’. Their concerns specifically note a potential for glare and/or
height of future electric transmission lines. However, these are issues not related to this
CPA application, but rather, if warranted, would be addressed as part of the final site-
specific entitlement and design. If this major CPA is approved, any future zone change
application would be routed to LAFB for review and analysis of design considerations.
Attachment:
LAFB Comment Memo (2 pages)