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December 8, 2021
CPA2021007
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:
CPA2021007 – Harquahala Sun
Supervisor District:
5
Applicant:
Kimley-Horn & Associates
Owners:
CV Harquahala LLC and Kawela One LLC
Request:
Major Comprehensive Plan Amendment (CPA) to change
the land use designation in the Vision 2030 Maricopa County
Comprehensive Plan from Rural Development Area to Utilities.
CPA case approval is by Resolution, attached.
Site Location:
Generally located at the SEC and SWC of Courthouse Rd.
and 491st Ave. road alignment in the Tonopah area.
Site Size:
Approx. 705 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 Rural
Development Area land use designation in the Vision 2030
Maricopa County Comprehensive Plan. All approx. 705 acres
are designated as Rural Development Area (0-1 d.u./acre).
This designation encourages low-density rural residential and
agricultural uses. 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
CPA2021007
Page 2 of 2
Commission
Recommendation:
On 11/4/21, the Commission voted 4-3 to recommend
approval of CPA2021007 subject to conditions ‘a’ – ‘d’:
a.
Development and use of the site shall be in general conformance with the
narrative report entitled “Harquahala Sun” consisting of 31 pages, dated stamped
received on October 11, 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 “Harquahala Sun” consisting of 2 pages, dated stamped received on
September 7, 2021, except as modified by the following conditions.
c.
The land use designation of utilities approved as part of case CPA2021007 shall be
subject to any 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 Rural Development Area
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 the 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 Rural
Development Area 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 (53 pages)
11/4/21 P&Z Handout Memo (3 pages)
CPA2021007 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.
CPA2021007
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
CPA2021007 – Harquahala Sun
Hearing Date:
November 4, 2021
Supervisor District:
5
Applicant:
Kimley-Horn & Associates
Owners:
CV Harquahala LLC and Kawela One LLC
Request:
Major Comprehensive Plan Amendment (CPA) to change the land
use designation in the Vision 2030 Maricopa County Comprehensive
Plan from Rural Development Area to Utilities.
Site Location:
Generally located at the SEC and SWC of Courthouse Rd. and 491st
Ave. road alignment in the Tonopah area.
Site Size:
Approx. 705 acres
Density:
N/A
County Island:
No
County Plans:
Vision 2030 Maricopa County Comprehensive Plan – Rural
Development Area (0 -1 d.u./ac.)
Municipal Plan:
N/A
Municipal Comments:
Two (2) letters – Apache Junction and Buckeye - No concerns
Support/Opposition:
None received
Recommendation:
Approve with conditions
CPA2021007
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Project Summary:
1.
Kimley Horn & Associates is requesting a Major Comprehensive Plan Amendment (CPA)
to change the land use designation in the Vision 2030 Maricopa County Comprehensive
Plan from Rural Development Area to Utilities to allow development of a future utility-
scale hybrid solar photovoltaic (PV) and battery storage power plant, including
accessory uses, which would generate approximately 150 megawatts (MWs) of
electricity. This would also include approximately 400,000 solar modules as well. 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). It should be noted that
a related POD (Z2021110) and Zone Change with Overlay (Z2021111) have been
submitted and are currently under review.
2.
The site is comprised of six (6) private contiguous parcels under two separate ownerships
– APN 506-29-001, 506-29-002, 506-29-022A, and 506-29-022B (CV Harquahala LLC); 506-
29-023C and 506-29-023D (Kawela One LLC). Most properties in the immediate vicinity of
the project are privately owned with a partially developed Rose View Estate and Rose
View Estates Unit 2 subdivisions located just east of the site with 483rd Ave between.
3.
Nearly all land used for solar energy projects such as this are developed with 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 current use of the site is for agriculture. The general area contains
significant local electrical infrastructure including a power generation facility
(Harquahala Power Plat) and substation (APS Delaney).
4.
Other adjacent land uses include vacant, agricultural and very limited rural residential
uses. Previous CPAs in the area were approved in 2011 under an older land use
designation; however, the projects were abandoned. There was also an approved
CPA2020002 that included much of the area to the east where there are other major
solar projects located or planned in this corridor south of the I-10 as shown on the map in
purple below.
CPA2021007 and surrounding solar projects
CPA2021007
Page 3 of 10
5.
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 Harquahala Sun Project is in direct alignment with the
County’s mission and guiding principles for leadership and strategic priorities. The supply
of energy is essential to the region’s transportation and manufacturing sectors.
According to the narrative, the project would benefit the state, county, local and
regional economy by providing employment for approximately 240 construction and
related employees. A power purchase agreement (PPA) has been executed with an
Arizona corporate entity for energy and plans to be able to deliver energy by late 2022.
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 is situated near other solar developments and
comprises a key use-sector of unincorporated Maricopa County including utilities
(solar and electric generating stations), agriculture and rural-residential. This
project would add to the infrastructure of these types of facilities and could help
with lower cost of energy production as a long-term tangible impact.
B.
Requiring public expenditures for larger or more expensive infrastructure
The narrative states that the project would not require public expenditures for
larger or more expensive infrastructure. The costs of the project’s infrastructure
needs shall be borne by the owner/developer.
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.
However, any costs that may come up in the future would be borne solely by the
developer. The applicant then identified the right-of-way dedication and
preservation requests by MCDOT to be further evaluated at the time of future
entitlements (zoning, POD, etc.) based on a traffic study review. Otherwise, sewer
is not proposed, and discussions would be done when phasing for other related
uses (O&M building, etc.) are part of a site plan review.
D.
Adversely impacting planned uses because of increased traffic
The narrative indicates there would be increased traffic during the construction
and implementation period, but there would be no significant increase in traffic
during the operational life of the project following the construction phase. With a
CPA2021007
Page 4 of 10
small number of staff operating the facility during the project’s operating life,
planned uses overall will not be adversely impacted.
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. Site preparation,
construction, and operation will not include hazardous material or activities where
noise would also be limited to the construction period. Dust control would be
maintained during construction and operational periods by implementing proper
draining and erosion control measures. Fire hazard and wildlife mitigation would
be further discussed and addressed with the future POD.
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. There are key measures of
responsibility that demonstrate an applicant’s commitment to avoiding adverse
impacts to the natural environment and scenic quality of a site. These measures
are subjective in a sense, but may include animals, plants, historical resources,
scenic views and hydrology/ground disturbance.
As discussed within the transportation section, no major offsite road improvements
would be required to support this project. Dust control measures are to be
provided to protect air quality during the construction phases of the project.
Vegetation may be required to be reduced in height to maintain appropriate
levels for fire and dust control.
The site would have minor visual impacts to surrounding areas as it would be
screened by a minimum 6’ fencing with opaque material to be requested at time
of zone change and would include input from adjacent or nearby residents and
property owners.
At the maximum point during sunrise and sunset the solar arrays would be
approximately 10’ in height. However, there are other future utility uses planned to
the west and northwest of the site. The Rose View Estates subdivision is separated
by a 60’ right-of-way in 483rd Ave. with most residences within 300’ of the subject
site although the closest is 60’.
PV technology is the most water-efficient solar generation available where the
project would implement water conservation measures. The project’s water-
conscious design is consistent with the applicable water goals and policies of the
Comprehensive Plan.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The applicant’s narrative states that the request is consistent with the overall intent of the
Comprehensive Plan as the plan explicitly identifies encouraging solar energy
development as an important goal and strategy to attract solar and other alternative
energy research and development to Maricopa County. In addition to the state, county,
CPA2021007
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local and regional benefits, the narrative asserts that the project displays consistency with
the County’s vision to work collaboratively and effectively for residents and the County’s
mission to provide regional leadership by encouraging solar energy development.
Additionally, the applicant believes that the project aligns with the County’s priorities to
leverage resources, plan for effective/efficient infrastructure and manage County
resources.
The extent to which the amendment is consistent with the specific goals and policies
contained within the plan.
The applicant’s narrative contains a substantial list of Goals and Policies from the Vision
2030 Maricopa County Comprehensive 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, Goal 2, Policy 1, Policy 7, Policy 22
Transportation Element – Goal 1, Goal 2, Goal 3, Policy 11, Policy 12
Environment Element – Goal 1, Policy 3, Policy 4, Policy 5
Economic Growth Element – Goal 1, Policy 5, Policy 10
Growth Area Element – Goal 1, Policy 1
Open Space Element – Goal 1, Goal 2, Policy 2,
Water Resources Element – Goal 1, Goal 2, Goal 4, Policy 2, Policy 4, Policy 5, Policy 7
Energy Element – Goal 1, Goal 2, Policy 6
Cost of Development Element – Goal 2, Policy 2
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.
CPA2021007
Page 6 of 10
2018 Aerial Map
Zoning Map - Rural-43 & Surrounding Districts
CPA2021007
Page 7 of 10
Land Use Exhibit – Current Land Use (Rural Development Area)
Land Use Exhibit – Proposed Land Use (Utilities)
CPA2021007
Page 8 of 10
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
Rural-43 / Vacant-Agricultural
North:
Arterial then Rural-43 / Courthouse Rd. then Vacant/Agricultural as
well as a Power Plant (Harquahala)
South:
Rural-43 / Vacant-Agricultural
East:
Arterial then Rural-43, R-5, C-2, & C-3 / 483rd Ave. then Rose View
Estates Subdivisions
West:
Rural-43 / Vacant-Agricultural
Utilities and Services:
7.
Water:
TBD - Private Well or Hauled Water
Wastewater:
TBD - Septic
School Districts:
Arlington Valley Elementary School District #47
Buckeye Union High School District #1
Fire:
TBD – within Harquahala Valley Fire District
Police:
MCSO
Right-of-Way:
8.
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**
Courthouse Road
55’ (half-width)
65’ (half-width)
Arterial
491st Ave.
Approx. 38’ (half-
width)
55’
Section Line
Alignment
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:
9.
Vision 2030 Maricopa County Comprehensive Plan: The entire site (approx. 705 acres) is
designated as Rural Development Area (0-1 d.u./ac.). The Rural Development Area land
use designation encourages low-density rural residential and agricultural uses.
Public Participation Summary:
10.
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
CPA2021007
Page 9 of 10
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. County Staff received
no opposition letters or any inquiries from the public regarding this request. The applicant
also provided staff with a Public Participation Results Report that indicated no concerns
with only a couple of correspondence received regarding interest of the subject request.
Outstanding Concerns from Reviewing Agencies:
11.
N/A
Staff Analysis:
12.
The state and Maricopa County recognize the potential environmental and economic
benefits that solar technology can provide. The Harquahala Sun project will use
photovoltaic technology that generates energy from sun absorption. Photovoltaic
technology differs from other techniques that required 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,
staff believes there will be minimal impacts to the surrounding area. Additionally, as
previously mentioned, the subject site was already approved as part of a large-scale
project for solar land uses in 2011 with stipulations that required entitlement/development
by a certain, but which have subsequently expired. Now that there is even more
infrastructure and means for solar in the area, this project is more suitable at this time.
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 Harquahala Sun 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. 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.
CPA2021007
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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 “Harquahala Sun” consisting of 31 pages, dated stamped
received on October 11, 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 “Harquahala Sun” consisting of 2 pages, dated stamped received on
September 7, 2021, except as modified by the following conditions.
c.
The land use designation of utilities approved as part of case CPA2021007 shall be
subject to any 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 Rural Development Area
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 the 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 Rural
Development Area 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 (31 pages)
MCESD Comments (1 page)
AZGFD Comments (3 pages)
SHPO Email (1 page)
ADOT Email (2 pages)
City of Buckeye Email (1 page)
City of Apache Junction Comments (1 page)
MARICOPA COUNTY
Legal Description:
T1N, R8W, Section 5 & 6
Applicant: Kimley-Horn & Associates
P&Z Hearing Date:
November 4, 2021
MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA
CPA2021007
Aerial Date: 2018
Case Address: TBD
Parcels: 506-29-001 +
SUPERVISORAL DISTRICT NO 5
Major Comprehensive Plan Amendment to change the land use designation in the Maricopa County Comprehensive Plan from
Rural Development Area to Utilities.
Phone: 602-313-7206
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Kimley-Horn and Associates
HARQUAHALA
SUN
MAJOR COMPREHENSIVE PLAN AMENDMENT
PROJECT NARRATIVE
CPA2021007
8-4-2021
Revision Date: 10-08-2021
Page 1
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Contents
A. EXECUTIVE SUMMARY ......................................................................................................... 2
I.
ON-SITE AND REGIONAL LOCATION ..........................................................................2
II.
CPA SIZE AND DESCRIPTION OF LAND USE TYPES BY ACREAGES ............................4
III.
ROADS/TRANSPORTATION SYSTEMS SERVING THE PROPOSED PROJECT ...............4
IV. SUITABILITY WITH SURROUNDING LAND USES .........................................................5
EXISTING SURROUNDING SOLAR (UTILITY) LAND USE APPROVALS...............................6
B. WHETHER THE AMENDMENT (OR CONDITION MODIFICATION) 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. ............................................................................................... 8
C. THE AMENDMENT WILL NOT ADVERSELY IMPACT ALL OR A PORTION OF THE
PLANNING AREA BY:............................................................................................................. 9
I.
ALTERING ACCEPTABLE LAND USE PATTERNS TO THE DETRIMENT OF THE PLAN. 9
II.
REQUIRING PUBLIC EXPENDITURES FOR LARGER AND MORE EXPENSIVE
INFRASTRUCTURE...................................................................................................... 10
III. REQUIRING PUBLIC IMPROVEMENTS TO ROADS, SEWER, OR WATER SYSTEMS
THAT ARE NEEDED TO SUPPORT THE PLANNED LAND USES. ..................................... 10
IV. ADVERSELY IMPACTING PLANNED USES BECAUSE OF INCREASED TRAFFIC....... 11
V.
AFFECTING THE LIVABILITY OF THE AREA OR HEALTH OR SAFETY OF PRESENT
AND FUTURE RESIDENTS. .......................................................................................... 12
VI. ADVERSELY IMPACTING THE NATURAL ENVIRONMENT OR SCENIC QUALITY OF
THE AREA IN CONTRADICTION TO THE PLAN. ............................................................. 12
D. WHETHER THE AMENDMENT IS CONSISTENT WITH OVERALL INTENT OF THE
COMPREHENSIVE PLAN: .................................................................................................... 14
E. THE EXTENT TO WHICH THE AMENDMENT IS CONSISTENT WITH THE SPECIFIC GOALS
AND POLICIES CONTAINED WITHIN THE PLAN. ................................................................ 15
F. COMPREHENSIVE PLAN AMENDMENT MAP EXHIBIT ....................................................... 23
G. COMPREHENSIVE PLAN AMENDMENT LEGAL DESCRIPTIONS EXHIBITS....................... 25
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kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
A. EXECUTIVE SUMMARY
HV Sunrise, LLC, (hereafter, “Applicant”) on behalf of the property owners, Kawala One, LLC and CV
Harquahala, LLC, is requesting a major Comprehensive Plan Amendment (CPA) of the Vision 2030
Comprehensive Plan to change the land use designation of ±704.68 acres from Rural Development Area
to Utilities. The CPA request will be accompanied by a subsequent zone change request to rezone the
underlying parcels from RU-43 to the IND-2 Zone. The CPA will affect the land use designation of the
following six (6) underlying parcels: Parcel ID Nos.: 506-29-001, 506-29-002, 506-29-022A, 506-29-022B,
506-29-023C, & 506-29-023D.
The Applicant proposes to construct, operate, and maintain a 150-MWac hybrid solar photovoltaic (PV) and
battery power plant and associated infrastructure for the Harquahala Sun Project (Project).
The Project will include approximately 400,000 solar modules mounted on single axis trackers, inverters to
convert direct current into grid-compatible alternating current, transformers to increase the voltage of the
electricity generated, a 500 kV utility substation, battery energy storage system, and one or more small
buildings to house telecommunication equipment. The Project will interconnect to the transmission grid at
the Arizona Public Service (APS) Delaney Substation.
Off-site supporting improvements, infrastructure, and/or uses include a 200-foot-wide gen-tie route corridor
that extends approximately 4 miles through a combination of private land, land owned by Flood Control
District of Maricopa County (FCDMC), Maricopa County Department of Transportation (MCDOT), Arizona
State Land Department (ASLD), and land administered by the Bureau of Land Management (BLM).
The proposed CPA in support of the ±704.68-acre Project will not adversely impact the planning area in
part nor portion. Approval of the proposed CPA, subsequent rezone (Zone Change case number
Z2021111), and associated development plans (Plan of Development case number Z2021110) for the
proposed Project will not generate undue nor unmitigated impacts to the following areas of consideration
identified in the Comprehensive Plan, which include, but are not specifically limited to: land use; public
transportation system improvements; drainage and/or stormwater management; environmental
considerations (air & water quality, potable water & wastewater treatment), areas of geologic concern,
hazard, and/or significance; plant and wildlife habitat/migration environs and/or patterns; aviation and
military installation operations and flight paths/patterns; economic growth; growth areas; open space, water
resources; energy; and/or the cost of development.
Issues relating to these are addressed by the required reports, plans, and analysis submitted in support of
the CPA and subsequent rezone application.
I. ON-SITE AND REGIONAL LOCATION
The proposed Project is located northwest of Saddle Mountain, east of Granite Mountain, and northeast
of the Eagle Tail Mountains in Section 6, Township 1 North, Range 8 West, and Section 5, Township 1
North, Range 8 West. The site is approximately 20 miles west of the City of Buckeye, Arizona in
unincorporated Maricopa County, Arizona with parcels lying southwest and southeast of the
intersections of N. 491st Ave and W. Courthouse Road. The Project area is bound on the north by W.
Courthouse Road and on the south by an unimproved segment of Van Buren Street right-of-way (ROW)
located at the west line of the east one-half of Section 6, Township 1 North, Range 8 West.
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kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
The CPA is inclusive of six (6) parcels identified below which are held under two separate ownerships.
The cumulative area of the property included in the CPA request is ±704.68 acres. The subject
properties are currently used for irrigated agricultural uses. Property considered under this CPA include:
PARCEL NO. (APN)
OWNER
ACREAGE (±AC)
ZONING
LOCATION
506-29-001
CV HARQUAHALA LLC
158.28
RU-43
S5 T1N R8W
506-29-002
CV HARQUAHALA LLC
59.98
RU-43
S5 T1N R8W
506-29-022A
CV HARQUAHALA LLC
253.76
RU-43
S5 T1N R8W
506-29-022B
CV HARQUAHALA LLC
66.40
RU-43
S5 T1N R8W
*506-29-023C &
506-29-023D
KAWELA ONE LLC
166.26
RU-43
S6 T1N R8W
Cumulative CPA Area Acreage:
±704.68
(*) Parcels were conveyed together by special warranty deed dated 11/19/2010 at Recording no. 20101014589 in the
records of the Maricopa County Recorder. These parcels have been legally described as a single parcel; however, the
parcels are depicted separately by the Maricopa County Assessor.
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kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
II. CPA SIZE AND DESCRIPTION OF LAND USE TYPES BY ACREAGES
The CPA request is inclusive of six (6) parcels totaling ±704.68 acres in the RU-43 zone district which
is intended to conserve and protect farms and other open land uses, foster orderly growth in rural and
agricultural areas, to prevent urban and agricultural land use conflicts, and to encourage sustainable
development. The zone district has a maximum residential density 1DU/acre. Principal permitted uses
in the RU-43 district include both farming and non-farming related residential uses, farms, and
recreational and institutional uses.
III. ROADS/TRANSPORTATION SYSTEMS SERVING THE PROPOSED PROJECT
The roadway network serving the proposed Project from the I-10 corridor includes the I-10/Salome
Highway interchange that connects Salome Hwy to Harquahala Valley Rd and 491st Ave southerly to
W. Courthouse Rd. The site can be accessed from the I-10/ Salome Highway interchange. Salome
Highway provides connections to both Harquahala Valley Road and 491st Ave which both extend
southerly to W. Courthouse Road. Primary access to the site is from the adjacent W. Courthouse Road
on the northern site boundary and 491st Ave that intersects W. Courthouse Road and extends southerly
into the overall development area. There are a number of smaller, existing roads, both named and
unnamed, that traverse the Project site, which are anticipated to be used and improved for construction
and ongoing operations of the Project. Site access will be identified with the zone change and plan of
development applications. Final access locations will be determined in accordance with access
management policies and permitting requirements of Maricopa County.
Properties within the Project area are located along the southern ROW of W. Courthouse Road at the
southwest intersections of W. Courthouse Road and 483rd, 487th, and 491st Aves. Van Buren Street on
the southern boundary is an existing unimproved agricultural road (within existing County ROW). There
are currently no identified public or private plans to make public improvements to Van Buren Street.
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The Maricopa County Department of Transportation has requested ROW dedications/preservations
along the following alignments:
ROW Dedication Requests (measured as half-width of ROW from centerline):
•
W. Courthouse Road: 65’ dedication of 130’ ROW
•
491st. Avenue: 55’ dedication of 110’ ROW
ROW Preservation Requests (measured as half-width of ROW from centerline):
•
483rd Avenue: 65’ preservation of 130’ ROW
•
487th Avenue 40’ preservation of 80’ ROW
•
495th Avenue: 40’ preservation of 80’ ROW
•
Roosevelt Street: 40’ preservation of 80’ ROW
•
W. Van Buren Street: 55’ preservation of 110’ ROW
There would be no significant increase in traffic during the operational life of the Project that would
require road improvements. There would be a relatively minor increase in the level of traffic during the
approximately 12 months required for Project construction. This increased traffic is expected to be
fewer than 100 trips during single peak morning and evening hours, primarily for the delivery of
equipment and supplies and the commuting of the construction workforce. A traffic impact statement
will be completed as part of the zone change process associated with the Project. The Applicant has
agreed to financial responsibility for repair of roads used during construction, including bonding for such
work, so that there is not public expenditure for transportation infrastructure associated with the Project.
IV. SUITABILITY WITH SURROUNDING LAND USES
The surrounding area is characterized by active and passive agricultural land uses, natural gas-
powered electric generation facilities, solar powered electric generation facilities, and native desert
lands. The dominant private land use within the area surrounding the current CPA is solar generation
facilities, which occurs on parcels or combinations of parcels totaling several hundred to thousands of
acres in irregular configurations. Other surrounding land uses include publicly owned and managed
Local, State, and Federal Lands. These include lands controlled by the Maricopa Flood Control District,
Arizona State Land Trust, and Bureau of Land Management. Other surrounding land uses include
vacant and active agricultural uses with limited residential development. One concentration of
residential development is within the Rose View Estates (RVE) development area. Other than RVE,
there is limited, and sparse distribution of privately owned parcels used for residential purposes within
the surrounding area.
The Rose View Estates (RVE) and Rose View Estates Unit 2 (RVE2) Subdivisions, platted in 1964, are
located east of 481st Street which forms the eastern edge (3,636.14 feet/0.647 miles) of the proposed
CPA and solar Project area. These subdivisions contain 244 lots zoned RU-43 (173 lots), R-5 (65 lots),
and C-3 (6 lots). Only 28 lots have been developed for residential use. Considerations for buffering and
screening of the Project and mitigation of construction and operational visual impacts will be addressed
in greater detail at the rezone and plan of development submittals. Four (4) residences are located
within 500 feet of the development boundary. Eleven (11) residences are located within 501 feet to
1000 feet of the proposed solar development within the R-5 zone. The remaining 13 residences are
located greater than 1,000 feet from the eastern CPA/Solar Project boundary. After 56 years, the
subdivision currently has an 11.5% buildout and is unlikely that any substantial residential development
will occur within the subdivisions that will be negatively impacted by the proposed solar project. Property
owners and residents will be notified of the project and efforts will be made to identify concerns over
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visual impacts and incorporate effective mitigation and screening of the site against the residential
boundaries.
Considerations for buffering and screening of the Project and mitigation of visual impacts during
construction and operational activities. Screening and mitigation of visual impacts will be addressed in
greater detail at the rezone and plan of development submittals.
Site parcels will be enclosed by perimeter security fencing located along the project boundaries and
the Courthouse Rd, 483rd Ave, 487th Ave, 491st Ave, and 499th Ave rights of way. No fencing will impede
or otherwise enclose existing roads within the project boundaries.
The proposed Utility land use contemplated by the Harquahala Sun CPA is compatible with similar
approved and implemented solar Projects within an approximately 4-mile radius of the site. Associated
facilities within this radius include approved CPA’s for Utility (solar) land uses, PV solar generation
facilities, utility corridors, transmission lines and a utility substation.
The parcels surrounding the CPA boundary have been subject to several CPA approvals by the BOS,
that include the following solar and storage generation Projects: Harquahala 160, Almeria Solar, Sun
Valley North, Sun Valley South, Harquahala (Generation Facility), Papago, and Harquahala Solar
Project.
The Maricopa County Board of Supervisors (BOS) approved a CPA for the ‘Harquahala Solar Project’
(File No. CPA 20111002), November 17, 2011 for a 3,514-acre area for future development as a PV
Solar powered generation facility. This CPA was not implemented through requisite rezoning and
approval of a plan of development and was subsequently expired. The current CPA parcels were
included in the previous BOS approval. Approval of the 2011 CPA included findings that the Project
was appropriately sited among other similar facilities; the Project was in substantial conformance with
the goals of policies of the Comprehensive Plan in effect at the time of review and approval, and that,
subject to the terms/conditions of approval, the Project represented appropriate long term land use
planning in the subject region and in Maricopa County as a whole. The current CPA area is
approximately 25-percent of the previous land area and remains consistent with the general findings of
conformance with the comprehensive plan and amendment criteria, as amended.
EXISTING SURROUNDING SOLAR (UTILITY) LAND USE APPROVALS
Project
Location (Township/Range)
Harquahala 160
(T2N R9W)
Harquahala Solar Project
(T1N R8W; T2N R9W)
Almeria Solar
T2N R8W
Sun Valley North
T2N R8W
Sun Valley South
T2N R8W
Harquahala (Generation
Facility)
T2N R8W
Harquahala Solar Project
T1N R8W
*Maricopa Solar and Storage
Project
T1N R8W; T1N R9W; T2N R8W; T2N R9W
Areva Solar AZ II
T2N R7W
Papago Solar
T2N R8W
Tonopah Photovoltaic
T2N R8W
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The BOS recently approved the Maricopa Solar and Storage Project CPA2020002 (Maricopa Solar) to
change the land use of 11,260 acres from Rural Development Area to Utilities. This CPA boundaries
are contiguous and congruent with the Harquahala Sun CPA boundaries. Approximately ±314 AC of
property approved under the Maricopa Solar CPA will be included in the Harquahala Sun Project
boundaries and will be incorporated as such in the subsequent Zone Change (Z2021111) and Plan of
Development (Z2021110) applications.
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BLM is the lead federal agency for NEPA compliance. A Biological Evaluation (BE) was submitted to
the Bureau of Land Management (BLM) on July 13, 2021 for review. in preparation for BLM
coordination, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation
(IPaC) system was accessed March 21, 2021 (Consultation Code 02EAAZ00-2021-SLI-0639) and the
Arizona Game and Fish Department (AGFD) Online Environmental Review Tool (OERT) was accessed
on February 12, 2021 (HGIS-12827). BLM is actively leading coordinating with AGFD, SHPO, &
USFWS.
B. WHETHER THE AMENDMENT (OR CONDITION MODIFICATION) 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.
Per the Vision 2030, Maricopa County Comprehensive Plan (2016), Master Plan Amendments should
improve the county’s overall condition and not undermine the plan’s core principles. The Plan recognizes
the need to redesignate land uses in response to changing market conditions and to address the increasing
demands of growth to the public infrastructure needs, specifically energy generation and consumption
demands within the local economy.
As stated, and reinforced in the Plan, the supply of energy is essential to the region’s transportation and
manufacturing sectors. Energy resources significantly impact economic development by contributing to the
region’s overall attractivity on basic and corresponding non-basic employment, primary and secondary
employment sectors and markets, and research and development within existing and emerging markets
and industries. Additionally, energy availability and even surplus opportunities function as an incubator for
innovations within all segments of the local, regional, and state economy.
The Project is anticipated to generate up to 240 jobs in the construction, contracting, administrative, and
Project management fields during the construction and implementation phase. Operation of the site will
employ approximately 5 full time employees daily. Routine maintenance activities will require up to 15 part-
time or seasonal employees and up to 20 employees for equipment repair and replacement as needed.
A power purchase agreement (PPA) has been executed with an Arizona corporate entity for energy from
Harquahala Sun. The Project is scheduled to deliver energy by December 31st, 2022. The Applicant has
a Facility Study with APS to interconnect the Generation Facility to APS’s 500-kV Delaney Switchyard. The
final execution of the Generator Interconnection Agreement is anticipated to occur in June 2021.
The Project benefits the County and greater region within the state by providing additional renewable
energy resources, battery storage for local energy reliability and resiliency, and directly supports Arizona
corporations that seek competitively priced renewable energy. Local Projects like Harquahala Sun will
provide construction jobs, long term technical careers, and uses local engineering and development
contractors in Maricopa County.
The Plan is intended to promote and incentivize the production and delivery of renewable energy resources
that meet and otherwise support consumption needs of existing and emerging markets which benefit the
regional and state economies and tax bases. The availability of sustainable, renewable, and economically
efficient energy and the resulting cost savings, both immediate and over time, creates opportunity for
reinvestment of public and private capital back into the local and regional economy.
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The Plan identifies the County’s potential to be a “global leader in renewable energy research and
development, especially with respect to solar energy” because the region’s environment is considered “one
of the most productive spots in the world for both photovoltaic and concentrated solar energy generation.”
In response to these conditions, the County has taken a proactive approach to attracting and realizing the
economic and environmental benefits of solar research and development by its regulation and approval of
utility scale solar developments.
The proposed Harquahala Sun Project is in direct support of this stated goal, the implementation of which
is evidenced by the current approved CPA and rezoning of property within the current Project vicinity for
solar Projects. The need for this Project is established by growing demand for renewable energy as
evidenced by APS’s request for proposals to supply renewable energy and by Arizona’s Renewable
Portfolio Standard (RPS), which set renewable energy portfolio standards for investor-owned utilities at
45% by 2030 and 100% by 2050.
Approval of the Project strengthens the overall energy production output within Maricopa County. The
increased local production over time will create energy surplus within the market resulting in a reduction of
cost and consumption by additional sectors of the local and regional economy. Project approval facilitates
a larger Regional share of renewable energy generation activities within the national production mix thereby
promoting energy independence throughout related national industries and markets.
C. THE AMENDMENT WILL NOT ADVERSELY IMPACT ALL OR A PORTION OF THE
PLANNING AREA BY:
*EACH CRITERION IS ADDRESSED SEPARATELY WITH THE CRITERIA LISTED AND GENERAL
RESPONSES TO THE CRITERIA CITED AS SUBHEADINGS IN THE PROCEEDING SUBSECTIONS
BELOW:
I. ALTERING ACCEPTABLE LAND USE PATTERNS TO THE DETRIMENT OF THE PLAN.
The proposed CPA will not alter the acceptable land use patterns in the planning area in an adverse
manner to the detriment of the plan. The proposed change in land use is consistent with existing
approved utility land use patterns and subsequent zone change requests. Previous land use approvals
should not be construed to imply future precedents, nor obligate future Board of Supervisor decisions.
However, the infrastructure investment and development within this portion of the planning area make
the Project site a more suitable and logical location for future development of solar powered generation.
The single Renewable Energy Strategy in the Plan promotes/encourages the “[attraction] of solar and
other alternative energy research and development to Maricopa County.” Approval of the CPA is
consistent with this strategy and the utility pattern that has been established in the Project area by
recent BOS approvals in favor of large-scale solar powered generation facilities in the Project area.
Previous CPAs and zoning actions in support of the following solar Projects surrounding the site,
inclusive of the approved unimplemented 2011 CPA approval (CPA 2011002) which included the area
under consideration.
Increasing the County’s investment (in terms of land use planning) in local solar powered generation
facilities and infrastructure has a long-term tangible impact of lowering costs of energy production,
delivery, and consumption. This goal is achieved in part by increasing local/regional energy
production/generation. The increased supply has a proportionate impact on the accessibility of the
resource and encourages integration of applied uses and transitions away from reliance on outdated
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and inefficient modes of energy generation and transmission creating efficiencies in these areas.
Increased supply and efficiencies will promote increased integration into the market for various sectors
of the economy (housing, manufacturing, transportation, etc.).
The CPA to change the land use from Rural Development Area to Utility to accommodate the proposed
solar facility is in substantial conformance with renewable energy policies identified in the Plan,
addressed in the Energy Goal and Policy Considerations in Section D of this report.
II. REQUIRING
PUBLIC
EXPENDITURES
FOR
LARGER
AND
MORE
EXPENSIVE
INFRASTRUCTURE.
No public expenditures for infrastructure improvements are proposed in support of the proposed
Project. Improvements for adjacent access roads will be borne solely at the expense of the developer
proportionate to the impacts placed on the transportation network. Any public or private electric
transmission infrastructure improvement costs needed in support of the Project will be borne solely by
the developer.
III. REQUIRING PUBLIC IMPROVEMENTS TO ROADS, SEWER, OR WATER SYSTEMS THAT ARE
NEEDED TO SUPPORT THE PLANNED LAND USES.
The amendment will not adversely impact the planning area by requiring public improvements to roads,
sewer, or water system needed to support the planned land uses. The provision of these services will
be the responsibility of the developer in a manner that does not detract or negatively impact the
availability, delivery, and/or use of existing services within the planning area. All costs for public
improvements or services necessary to support the planned development will be borne solely by the
developer.
The Maricopa County Department of Transportation has requested ROW dedication or preservation of
the section and mid-section line ROW alignments adjacent to and through the site that include:
ROW Dedication Requests (measured as half-width of ROW from centerline):
•
W. Courthouse Road: 65’ dedication of 130’ ROW
•
491st. Avenue: 55’ dedication of 110’ ROW
ROW Preservation Requests (measured as half-width of ROW from centerline):
•
483rd Avenue: 65’ preservation of 130’ ROW
•
487th Avenue 40’ preservation of 80’ ROW
•
495th Avenue: 40’ preservation of 80’ ROW
•
Roosevelt Street: 40’ preservation of 80’ ROW
•
W. Van Buren Street: 55’ preservation of 110’ ROW
Potential additional section line alignments and/or extensions of unimproved segments will require 55’
and 40’ half width right-of-way dedications, per the Maricopa County Zoning Ordinance Section 1105,
unless otherwise reduced during TAC review.
Final dedication, preservation, alignments, terminations, and vacations of unneeded ROW will be
determined in negotiation with MCDOT with input from the TAC review of the CPA, zone change, and
plan of development, and may be subject to negotiated terms of a development agreement. Additional
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offsite improvements and any additional right-of-way needed will be determined by MCDOT Traffic
Design and MCDOT Permits based on submittal of a TIA/TIS with subsequent zone change and plan
of development review.
Construction is anticipated to occur within a 12-18-month period. Impacts during construction
phase/period is limited to equipment/materials delivery and construction worker traffic, with a Projected
increase of less than 100 average daily trips (ADT) on surrounding roadway network.
The applicant will maintain ongoing coordination with MCDOT to identify ROW dedication, preservation,
and improvements needs throughout the entitlement process (CPA, Rezone, & Plan of Development)
as well as construction and operational phases of the Project.
Required financial assurances for construction traffic improvements, longer term improvements, and
maintenance for the operational impacts will be addressed during the zone change and plan of
development submittal and review.
It is anticipated the Project would not connect to any existing sewer system. Personnel who are on-
site to perform module washing (up to four times per year) would be provided with portable restrooms
serviced by a licensed provider. Construction staff would also utilize portable restrooms serviced by a
licensed provider.
Options for construction and operational water needs is currently under examination by the applicant,
and none of these options would require improvements to public water systems.
The Project is anticipated to require approximately 210 acre-feet of water over the construction period.
This water will be sourced from an on-site well, a nearby well, or delivered from the Harquahala Valley
Irrigation District. Neither water storage tanks nor holding ponds are expected to be needed or placed
within the adjacent Courthouse Rd., 483rd Ave, 487th Ave, or 491st Ave ROW. During the O&M phase,
up to approximately 10 acre-feet of water would be required per year for module washing and
maintenance. The Project will be consistent with Maricopa County’s water and wastewater treatment
programs during all phases of the development.
Underground wet/dry utility service or transmission lines within adjacent right-of-way will be solely at
the developer’s expense. Required on-site water and wastewater service and/or treatment for
construction, operations, and maintenance, activities will be the sole financial burden of the developer.
Required services and the developer’s plan of provision will meet County and State requirements for
water and on-site wastewater disposal criteria, permitting, and monitoring standards.
IV. ADVERSELY IMPACTING PLANNED USES BECAUSE OF INCREASED TRAFFIC.
Existing and planned uses surrounding the site which are dependent on the surrounding transportation
system are not anticipated to be impacted due to increased traffic. Planned uses on-site will not be
adversely impacted due to increased traffic. Increased traffic will be limited to construction and
implementation activities associated with this Project and not from others. It is not anticipated that
surrounding approved, but not yet implemented solar utility Projects will begin construction activities at
the same time as the Harquahala Sun Project. During the construction period less than 100 additional
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ADT are expected; therefore, per the MCDOT Traffic Impact Study Manual, a traffic statement will be
required for the proposed site. A traffic impact statement will be provided in support of the necessary
zone change and plan of development application and review process. A traffic statement is a scaled
down and simplified version of the traffic impact study and is intended for smaller Projects that will have
lesser impacts on existing traffic as compared to the larger type developments. At that time, a clearer
Projection of traffic impacts will be available which will consider construction and operational ADT,
construction haul routes, necessary ROW dedications, and road improvements.
V. AFFECTING THE LIVABILITY OF THE AREA OR HEALTH OR SAFETY OF PRESENT AND
FUTURE RESIDENTS.
The CPA will not adversely affect the liveability of the area or health or safety of present and future
residents of the area. As previously discussed, there are relatively few residences in the area. Site
preparation, construction, or operation will not include any hazardous activities, materials, processes,
or outputs. Noise impacts would be limited construction activities during specified construction hours.
Fugitive dust control will be achieved during construction and operational periods by implementation of
proper grading and erosion control measures, BMP’s to include appropriate dust control and mitigation
of dust on unpaved roads. Standard operational activities conform to applicable noise ordinances. Fire
hazard and wildfire mitigation will be addressed with the plan of development. The CPA will not result
in undue or unmitigated social, visual, traffic, air quality, water quality, or other impacts which may have
a disproportionate affecting the livability of the area.
VI. ADVERSELY IMPACTING THE NATURAL ENVIRONMENT OR SCENIC QUALITY OF THE AREA
IN CONTRADICTION TO THE PLAN.
The Project is not anticipated to generate adverse impacts to the natural environment or the scenic
quality of the area. Preliminary site investigations have not identified any significant, unique, or critical
wildlife habitats, endangered and/or protected flora/fauna species, or significant cultural resources
within the Project area. As discussed in the transportation sections, no major offsite road or
transportation network improvements are required to support the Project. Dust control measures will
be provided to protect air quality during construction activities. Ground disturbing activities may also
require dust mitigation, erosion control BMPs, and select soils stabilization or enhancement where
existing erosion is encountered to maintain compliance with local, state, and federal air and water
quality standards.
The site is predominately flat and will require little to no grading for access, PV pedestals, or supporting
accessory equipment or storage structures. Construction activities will implement accepted BMP’s for
solar PV facility development, which include minimum ground disturbance and non-disturbance of
existing low-lying vegetation and vegetation for erosion control purposes. Vegetation may require
mowing to heights approved by the fire district or other environmental agencies to maintain appropriate
levels of fire mitigation and erosion control.
The site will have minor visual impacts to surrounding areas and properties. The site will be screened
with a minimum 6-foot opaque fence to provide optimal screening effect, where required to provide
adequate visual relief and screening against existing residential uses. Details of proposed screening
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wall will be provided with subsequent zone change and plan of development applications and finalized
through coordination and input from residents and impacted property owners.
The solar arrays will extend to an approximate 10-foot vertical height (typical) when panels are nearly
vertical during sunrise and sunset. The site is adjacent to a future utility use (solar farm) to the west
and northwest, vacant agricultural land adjacent to the north, separated by Courthouse Road (120-foot
ROW); unimplemented utility use (solar farm) to the northeast; the Rose View Estates residential
development to the east separated by 483rd Ave (60-foot ROW); and a commercial nursery on
agricultural exempt land to the south. One residence is located within 60 feet of the site opposite the
483rd Avenue frontage. Most residences within this subdivision are more than 300 feet away from the
Project area’s eastern most boundary.
The Project will utilize photovoltaic (PV) modules to generate electricity. PV technology is the most
water-efficient solar generation technology available. The application recognizes that the proposed site
receives a high degree of solar radiation and that water supplies in the vicinity are limited. The Project
straddles the Phoenix Active Management Area and the Harquahala Irrigation Non-expansion Area,
and Applicant understands the limitations and restrictions imposed by each of these designations. The
Project will implement water conservation measures while utilizing water-efficient technology. PV
technology use the least amount of water of any utility-scale solar energy design. The Project’s water-
conscious design and implementation is consistent with the applicable water goals and policies of the
Comprehensive Plan.
No adverse or otherwise unmitigated impacts to the natural environment or scenic quality of the area
are anticipated. The Project will be consistent with previous approvals for similar facilities located
adjacent and nearby the current site.
The site will be surveyed prior to construction activities to identify plant/vegetation species which are
protected by the Arizona Department of Agriculture under the Arizona Native Plant Law. Protected plant
life and/or vegetation will be relocated or otherwise salvaged. All activities associated with the removal,
relocation, or sale of protected plants/vegetation will comply with the notice requirements of Title 3,
Chapter 3, Title II, of the Arizona Administrative Code.
Additional detailed analysis of environmental impacts will occur with pending zone change and plan of
development submittals. Any identified impacts will be evaluated together with Planning and other staff
within affected local, state, federal regulatory agencies and corresponding County departments and
agencies, and participating stakeholders to identify appropriate mitigation strategies and/or other
acceptable offsetting measures. The Project will maintain compliance with applicable Maricopa County
Air Quality Department permitting and operational standards, including conformance with U.S.
Environmental Protection Agency (EPA), and Arizona Department of Environmental Quality.
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D. WHETHER THE AMENDMENT IS CONSISTENT WITH OVERALL INTENT OF THE
COMPREHENSIVE PLAN:
The County’s Vision 2030 Comprehensive Plan places emphasis on the value and desire for
Maricopa County to become a global leader in renewable energy. More specifically Maricopa County
notably states encouraging solar energy development as an important goal, within the Economic
Growth Policy 10, Energy Goal 2, Energy Policy 6, and Water Resources Policy 5. The County’s
strategy to boost renewable energy development is specified below:
Renewable Energy
Maricopa County has the potential to be a global leader in renewable energy research and
development, especially with respect to solar energy. Maricopa County is one of the most
productive spots in the world for both photovoltaic and concentrated solar energy generation.
Many companies have already discovered this potential, evidenced by the large number of
utility-scale plants being planned in unincorporated areas. Because of the economic and
environmental benefits Maricopa County supports state and local efforts to attract solar
research and development to this region.
Strategies – Attract solar and other alternative energy research and development to Maricopa
County
The project is consistent with overall intent and spirit of the County’s Vision 2030 Comprehensive
Plan. Additionally, the project is in line with the County’s strategy to support solar generation
industry’s development. The project would create employment opportunities for many experienced
professionals in the County and therefore supplement and benefit the local, County, state, and
regional economy.
As mentioned previously the project is not anticipated to generate adverse impacts to the natural
environment or the scenic quality of the area. Preliminary site investigations have not identified any
significant, unique, or critical wildlife habitats, endangered and/or protected flora/fauna species, or
significant cultural resources within the Project area. Once completed the project’s generation of solar
electricity could also result in improved air quality through the reduction of emissions from other
electrical generating solutions currently used.
In summary, the project is in alignment with the County’s goals and future vision. Approval of this
application to facilitate the development of solar energy generation in close proximity to existing
electrical infrastructure in addition to proximity to existing and planned solar generation facilities
would further the implementation of the County’s strategic priorities to become a global leader in
renewable energy. This project supports One of the County’s Core Principles and benefits the
County’s strategic priorities identified in the Comprehensive Plan as discussed in the following
section.
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E. THE EXTENT TO WHICH THE AMENDMENT IS CONSISTENT WITH THE SPECIFIC GOALS
AND POLICIES CONTAINED WITHIN THE PLAN.
LAND USE GOALS AND POLICIES
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Land Use Goal #1: Achieve
balanced and efficient
development patterns.
Approval of the CPA is consistent with the existing and approved utility solar
powered generation land uses in the sub region of the County. The site is
located in a region within unincorporated County surrounded by similar solar
generation utility facilities with nearby utility/transmission corridors, overhead
high voltage power lines, and the APS Delaney Substation. This CPA is
located within the boundaries of the previously approved Harquahala Solar
Project (CPA 2011002, approved 12-14-2011) in support of a 3,514 AC CPA.
This CPA remains consistent with the previously approved, unimplemented
CPA.
Land Use Goal #2: Provide
regional leadership on land
use issues.
An identified energy strategy in the Plan is to “Attract solar and other
alternative energy research and development to Maricopa County.” Approval
of the CPA is demonstrative of the County’s implementation of this land use
goal in support of the cited energy strategy.
Land Use Policy #7:
Maricopa County supports
coordinating land use and
infrastructure planning with
state agencies, counties, and
municipalities.
Approval of the CPA and subsequent zone change and plan of development
require ongoing coordination with local, state, and federal agencies to ensure
protections of public services, utilities, infrastructure, and natural resources.
This coordination will also ensure these are available and adequate to meet
current and future demands of development. The coordination includes
considerations for the provision as well as protection of natural resources and
public services including, but not limited to, water resources (ground/surface
water supplies), flora and fauna impacts, air and water quality, and stormwater
impacts, open spaces, buffering and screening, and transportation facilities
and rights-of-way.
Land Use Policy #22:
Maricopa County supports
reducing the impacts of new
development on
environmentally sensitive
areas, including native flora
and fauna habitat and
corridors.
The Project boundary does not include environmentally sensitive areas
requiring avoidance or mitigation. Initial environmental studies have not
identified any flora or fauna species requiring special mitigation or
preservation. All development activities will remain compliant with applicable
environmental regulations requiring flora/fauna habitat and/or environmental
protection or relocation. Ongoing coordination with local, state, and federal
environmental and natural resource agencies throughout the Project life cycle
to ensure regulatory compliance with applicable environmental policies,
protocols, and regulations.
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TRANSPORTATION GOALS AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Transportation Goal #1:
Promote and protect public
health through a safe
transportation system.
A TIS will be submitted with the zone change/plan of development application
to evaluate existing conditions of roadways impacted by the proposed
development during construction and operation. The Project will be
responsible for ROW dedication from its respective boundaries to comply with
the Maricopa County Transportation Plan and road/ROW dedication
standards of the County. Exceptions will be negotiated with MCDOT and
authorized by the MC BOS and may require specific development agreements
to memorialize terms of negotiated dedications, preservation, and/or and
deferments or exemptions.
Transportation Goal #2:
Contribute to a safe, seamless
and effective transportation
system.
The Project will support a safe, seamless, and effective transportation system
by dedicating and/or preserving required ROW in support of future road
alignments as coordinated with MCDOT in a manner consistent with
Departmental planning objectives and the Maricopa County Transportation
Plan.
Transportation Goal #3:
Coordinate land use decisions
with transportation investments
to help the county exercise
sound financial management
and build the county’s fiscal
strength.
All transportation improvements required to support the planned use or any
expansion thereof will be borne solely by the developer, subject to all required
agreements, financial assurances and/or performance bonds.
Transportation Policy #11:
Maricopa County supports
National Ambient Air Quality
Standards (NAAQS)
compliance.
The Project will maintain compliance with National Ambient Air Quality
Standards throughout development phases. Operation of the Project will result
in lower overall emissions
Transportation Policy #12:
Maricopa County supports
improving low volume dirt
roads as directed by its PM-10
Dust Abatement Program.
The Project will maintain compliance with the permitting and operational
standards of the Maricopa County Air Quality Department dust control
requirements as governed by activities regulated by a dust control permit or
Rule 310.01.
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ENVIRONMENTAL GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Environment Goal #1:
Provide regional leadership to
promote all aspects of regional
environmental quality.
Approval of the CPA supports improved air quality by decreasing emissions
that result from electricity produced by fossil fuels. Transitioning from coal-
powered plants to solar powered plants significantly decreases carbon dioxide
emissions and eliminates sulfur, nitrous oxides, and mercury emissions
generated by conventional electric generation facilities. The Project footprint
requires significantly less disturbance and disruption to existing flora and
fauna species than power generation activities conducted within conventional
structures (brick/mortar type facilities). Reports, plans, and permits to identify
areas of concern, demonstrate proposed methods of mitigation and
compliance, and identify compliance with environmental performance criteria
will be provided for all on-site and off-site Project activities and phases. The
County demonstrates its leadership in regional environmental quality by
authorizing the CPA in conformance with local, state, and federal
environmental permits, regulations, and policies throughout the Project’s
lifecycle (entitlements, implementation, and operational activities).
Environment Policy #3:
To help protect water quality
Maricopa County supports
compliance with its Drinking
Water program and its Water
and Wastewater Treatment
program.
The Project as proposed is consistent with and will maintain compliance with
Maricopa County Drinking and Wastewater Treatment program including
water supply of the Maricopa County Environmental Health Code.
Environment Policy #4:
Maricopa County supports
innovative Project design and
development techniques that
protect and mitigate damage to
important plant and animal
habitat and migration corridors.
The Project will be designed to minimize, avoid, and/or mitigate negative
impacts to flora and fauna habitat and wildlife migration corridors during
implementation and operational activities. Comments from the AZGAFD will
be addressed in a manner consistent with the intent of this policy, which may
include preservation and/or relocation of impacted flora and/or fauna species.
Best management practices will be employed to address flora/fauna impacts.
Environment Policy #5: As
directed by 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.
Cultural and biological reporting and surveys as required by the State Historic
Preservation Office and Arizona Game and Fish Department will be submitted
with the zone change and plan of development application to identify sensitive
areas requiring protection, preservation, and/or mitigation of impacts to
respective natural, biologic, and/or cultural resources. Mitigation identified by
these or by the respective agency’s staff or other guidance documents will be
adhered to during implementation, and operation of the use.
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ECONOMIC GROWTH GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Economic Growth Goal #1:
Contribute to an effective
Regional economy.
The physical development of the site will employ hundreds of specialized
construction and skilled trade workers and laborers from unincorporated areas
and incorporated municipalities within Maricopa County. Construction
activities will generate employment opportunities for qualified workers over a
12 to 18-month construction period which is anticipated to occur from early
2022 through the end of 2022. Local businesses including, but not limited to
retail, food service, gas station/convenience, and hospitality businesses will
be supported by workers commuting to the site or lodging near the site for
short/long terms during their respective periods of construction activities. No
construction camps or on-site housing are proposed during the
implementation (construction) phase of the Project. No on-site security or
maintenance housing is proposed during the operational phase of this
development.
Economic Growth Policy #5:
Maricopa County supports
programs that attract a variety
of Basic Sector industry
clusters that have long-term,
stable growth prospects.
Economic Growth Policy
#10: Maricopa County
supports leveraging its solar
resource potential to attract
solar-related industries and
alternative energy research
and development.
More accessible energy sources will attract energy dependent employment
sectors to the region and allow existing basic sector industries to reinvest
energy savings into expansions, research and development, and retrofitting
activities to increase productivity in response to growing demands and
competition in the regional and national share of their respective industries.
Increasing the supply of locally generated renewable energy increases the
attractiveness of the region on the demand for technological innovations to
meet the demand for additional skilled and specialized workers. There will also
be an increase in the demand for specialized workers to respond to changes
and innovations in the solar powered generation industry and in the
development of spin off applications in the manufacturing, transportation, and
research/development industries.
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GROWTH AREAS GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Growth Areas Goal #1:
Achieve orderly urban growth
that is fiscally and
environmentally responsible,
protects public health and
safety and promotes sensible
annexation patterns.
The Project is located adjacent to and near existing and approved generation
facilities and has convenient access to existing electrical infrastructure, major
transmission corridors, and a major electrical substation. Proximity to existing
transmission lines, corridors, and easements reduces the applicant’s
expenditures to utilize existing infrastructure and to obtain necessary
easements to interconnect to the electrical grid. Construction and operational
activities will maintain compliance with applicable environmental criteria,
regulations, and permitting to ensure protection of biologic and natural
resources.
Growth Areas Policy #1:
Maricopa County supports
consistent implementation of
its urban growth area except in
the noted instances.
The proposed Project is considered an industrial land use requiring large
amounts of land to operate that do not require a corresponding level of urban
services and infrastructure and can be located in rural remote areas. As the
plan recommends, this land use is acceptable outside the urban growth area.
These uses could include electric generating facilities, proving grounds and
test facilities, agriculturally oriented businesses, and other rural-type industrial
uses on a case-by-case basis.
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WATER RESOURCES GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Water Resources Goal #1:
Promote and protect public
health with a clean water
supply.
The Project will utilize photovoltaic (PV) modules to generate electricity. PV
technology is the most water-efficient solar generation technology available.
The Applicant recognizes that the proposed site receives a high degree of
solar radiation and that water supplies in the vicinity are limited. The Project
will implement water conservation measures while utilizing water-efficient
technology.
The Project will include a comprehensive Water Conservation Plan with
established BMPs for water conservation. Drinking water will be delivered by
truck. If a local well is required for water use, such well will comply with local
and state permitting, operations, monitoring, and recharge requirements. The
Project’s water-conscious design and implementation is consistent with the
applicable water goals and policies of the Comprehensive Plan.
The Project will maintain compliance with Maricopa County’s wastewater
treatment programs during the construction activity period. The Project as
proposed will not have wastewater demands or discharge. A septic system
will be used if an O&M building is required. Alternatively, portable restroom
facilities will be provided for employee use during the implementation and
operational phases.
If landscape treatments are required to provide visual buffering, they will be
selected from drought tolerant xeric species which will require low water use
to establish and maintain.
The Arizona Department of Water Resources has been notified of this CPA
request and may provide comments. No specific renewable water resources
are planned for use during construction phases of the project.
Water Resources Goal #2:
Provide leadership to promote
regional water quality and
water use.
Water Resources Goal #4:
Increase water conservation.
Water Resources Policy #2:
Maricopa County supports
water conservation techniques
in the planning and design of
new development.
Water Resources Policy #4:
Maricopa County supports
compliance with its Drinking
Water and Water and
Wastewater Treatment
Programs.
Water Resources Policy #5:
Maricopa County supports low
water use solar electric
generating technologies.
Water Resources Policy #7:
Maricopa County supports low
water use and drought tolerant
landscaping.
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ENERGY GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Energy Goal #1:
Provide leadership to promote
regional environmental quality.
Approval of the Project has a long-term environmental impact of improving air
quality by reducing emissions associated with conventional electric energy
generation. The County has adopted environmental performance standards
intended to preserve and sustain biologic, cultural, and environmental
resources of the region which are evidence of the County’s regional leadership
role in the promotion of environmental quality.
Energy Goal #2:
Make Maricopa County a
leader in alternative energy
research and development.
Approval of the Project provides the opportunity to implement, test, and
evaluate the efficiencies of the most current PV solar generation equipment
and battery energy storage systems. Evaluation of their operational
performance is key to the research and development of more efficient
equipment and related processes. An operational facility provides
opportunities to implement advances in the associated technologies over the
life of the Project. Approval of the facility provides opportunities to test storage
systems in response to increasing demands for the use of stored energy.
Energy Policy #6:
Maricopa County supports
being a responsible leader in
alternative energy research
and development.
Approval of the Project will be reflective of the Maricopa County Board of
Supervisor’s regional and statewide leadership in the attraction, promotion,
and delivery of renewable energy resources and infrastructure.
COST OF DEVELOPMENT GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Cost of Development Goal #2:
New development pays its proper
and reasonable share of the costs
of new infrastructure, services
and other public improvements.
All Project costs, including, but not limited to, on-site improvements, gen-
tie line infrastructure and connections, collection lines, off-site road
improvements, and water and wastewater treatment service, shall be borne
solely by the applicant.
Cost of Development Policy #2:
Maricopa County supports
recouping the costs of its
products and services without
unfairly burdening those most in
need of its products and services.
All development costs will be borne solely by the developer, including, but
not limited to, applicable fees for service, impact fees, performance bonds
and sureties, and property taxes.
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OPEN SPACE GOAL AND POLICY CONSIDERATIONS
COMP PLAN ELEMENT
(GOALS/POLICIES)
CPA CONSISTENCY/JUSTIFICATION
Open Space Goal #2: Protect
and expand the regional park
system proportionately with
population growth.
Open Space Policy #2:
Maricopa County supports
dedication and improvement of
trail right-of-way within new
development, including the
Maricopa Trail, the Maricopa
County Regional Trail System,
and wildlife linkages.
All Project costs, including, but not limited to, on-site improvements, gen-
tie line infrastructure and connections, collection lines, off-site road
improvements, and water and wastewater treatment service, shall be borne
solely by the applicant.
Open Space Goal #1: Provide
regional leadership to promote
environmental quality, in-
cluding the preservation of open,
natural park and recreation lands.
Reduction of emissions in support of increased air quality, water usage for
energy production, consumption (including extraction and transport of
inputs for use in energy production promoted by Solar Generation activities
has net positive impacts to environmental quality in terms of air quality
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F. COMPREHENSIVE PLAN AMENDMENT MAP EXHIBIT
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G. COMPREHENSIVE PLAN AMENDMENT LEGAL DESCRIPTIONS EXHIBITS
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LEGAL DESCRIPTION - PARCEL 506-29-001 (158.28 AC)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA,
STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
LOTS 1 AND 2 AND THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 5,
TOWNSHIP 1 NORTH, RANGE 8 WEST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA;
EXCEPT THE NORTH 33 FEET THEREOF; AND
EXCEPT 50% OF ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS AND OTHER HYDROCARBON AND HYDROCARBON RIGHTS, BY
WHATSOEVER NAME KNOWN, GEOTHERMAL HOT WATER OR STEAM, ROCK, SAND AND
GRAVEL AS RESERVED IN DEED RECORDED AS DOCKET 11672, PAGE 363, RECORDS OF
MARICOPA COUNTY, ARIZONA.
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LEGAL DESCRIPTION - PARCEL 506-29-002 (59.98 AC)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA,
STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 8 WEST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5;
THENCE SOUTH 00 DEGREES 35 MINUTES 46 SECONDS WEST, ALONG THE EAST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2645.56 FEET TO THE
EAST QUARTER CORNER OF SAID SECTION 5;
THENCE CONTINUING ALONG SAID LINE SOUTH 00 DEGREES 35 MINUTES 47 SECONDS
WEST, A DISTANCE OF 990.67 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH
1650.00 FEET;
THENCE ALONG SAID LINE, NORTH 89 DEGREES 38 MINUTES 58 SECONDS WEST, A
DISTANCE OF 2639.89 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 5;
THENCE ALONG SAID LINE, NORTH 00 DEGREES 33 MINUTES 24 SECONDS EAST, A
DISTANCE OF 989.44 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 5;
THENCE NORTH 00 DEGREES 33 MINUTES 23 SECONDS EAST, ALONG THE WEST LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2642.23 FEET TO THE
NORTH QUARTER CORNER OF SAID SECTION 5;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5,
SOUTH 89 DEGREES 44 MINUTES 53 SECONDS EAST, A DISTANCE OF 2642.44 FEET TO
THE POINT OF BEGINNING;
EXCEPT THAT PORTION LYING WITHIN THE NORTHEAST QUARTER OF SAID SECTION 5;
EXCEPT 50% OF ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS AND OTHER HYDROCARBON AND HYDROCARBON RIGHTS, BY
WHATSOEVER NAME KNOWN, GEOTHERMAL HOT WATER OR STEAM, ROCK, SAND AND
GRAVEL AS RESERVED IN DEED RECORDED AS DOCKET 11672, PAGE 363, RECORDS OF
MARICOPA COUNTY, ARIZONA.
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LEGAL DESCRIPTION - PARCEL 506-29-022A (253.76 AC)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA,
STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 8 WEST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 5;
THENCE ALONG THE WEST LINE OF SECTION 5, NORTH 00 DEGREES 30 MINUTES 41
SECONDS EAST, A DISTANCE OF 4185.00 FEET;
THENCE LEAVING SAID LINE, SOUTH 89 DEGREES 42 MINUTES 15 SECONDS EAST, A
DISTANCE OF 2641.14 FEET TO THE NORTH-SOUTH MID SECTION LINE;
THENCE ALONG SAID LINE, SOUTH 00 DEGREES 33 MINUTES 23 SECONDS WEST, A
DISTANCE OF 1546.74 FEET TO THE NORTH-SOUTH MID-SECTION LINE OF SAID
SECTION 5;
THENCE CONTINUING ALONG SAID LINE, SOUTH 00 DEGREES 33 MINUTES 23
SECONDS WEST, A DISTANCE OF 2639.45 FEET TO THE SOUTH QUARTER CORNER OF
SAID SECTION 5;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5,
NORTH 89 DEGREES 40 MINUTES 43 SECONDS WEST, A DISTANCE OF 2637.85 FEET TO
THE POINT OF BEGINNING;
EXCEPT 50% OF ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS AND OTHER HYDROCARBON AND HYDROCARBON RIGHTS, BY
WHATSOEVER NAME KNOWN, GEOTHERMAL HOT WATER OR STEAM, ROCK, SAND
AND GRAVEL AS RESERVED IN DEED RECORDED AS DOCKET 11672, PAGE 363,
RECORDS OF MARICOPA COUNTY, ARIZONA.
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LEGAL DESCRIPTION - PARCEL 506-29-022B (66.40 AC)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA,
STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 8 WEST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 5;
THENCE SOUTH 89 DEGREES 44 MINUTES 02 SECONDS EAST, ALONG THE NORTH LINE
OF SAID SECTION 5, A DISTANCE OF 2642.01 FEET TO THE NORTH QUARTER CORNER OF
SAID SECTION 5;
THENCE ALONG THE NORTH-SOUTH MID SECTION LINE, SOUTH 00 DEGREES 33
MINUTES 23 SECONDS WEST, A DISTANCE OF 1095.49 FEET;
THENCE LEAVING SAID LINE, NORTH 89 DEGREES 42 MINUTES 15 SECONDS WEST, A
DISTANCE OF 2641.14 FEET TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 5;
THENCE ALONG SAID LINE, NORTH 00 DEGREES 30 MINUTES 41 SECONDS EAST, A
DISTANCE OF 1094.12 FEET TO THE POINT OF BEGINNING;
EXCEPT 50% OF ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS AND OTHER HYDROCARBON AND HYDROCARBON RIGHTS, BY
WHATSOEVER NAME KNOWN, GEOTHERMAL HOT WATER OR STEAM, ROCK, SAND AND
GRAVEL AS RESERVED IN DEED RECORDED MAY 12, 1976 AS DOCKET 11672, PAGE 363,
RECORDS OF MARICOPA COUNTY, ARIZONA.
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LEGAL DESCRIPTION - PARCELS 506-29-023C & 506-29-023D (166.26 AC)
Owner: KAWELA ONE
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA,
STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1:
LOTS 1 AND 2; THE SOUTH HALF OF THE NORTHEAST QUARTER; AND THE WEST 126.00
FEET OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 1 NORTH, RANGE 8
WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA;
EXCEPT THE SOUTH 25 FEET THEREOF; AND
EXCEPT THE WEST 126 FEET OF SAID SOUTH 25 FEET OF SAID NORTHEAST QUARTER
THEREOF; AND
EXCEPT 50% OF ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS,
NATURAL GAS RIGHTS AND OTHER HYDROCARBON AND HYDROCARBON RIGHTS, BY
WHATSOEVER NAME KNOWN, GEOTHERMAL HOT WATER OR STEAM, ROCK, SAND AND
GRAVEL AS RESERVED IN DEED RECORDED IN DOCKET 11672, PAGE 363 RECORDS OF
MARICOPA COUNTY, ARIZONA.
PARCEL NO. 2:
AN EASEMENT FOR ROADWAY FOR INGRESS AND EGRESS AS CREATED BY
INSTRUMENT RECORDED IN DOCUMENT NO. 95-0464234, RECORDS OF MARICOPA
COUNTY, ARIZONA, OVER THE SOUTH 25.00 FEET OF THE NORTHEAST QUARTER OF
SECTION 6, TOWNSHIP 1 NORTH, RANGE 8 WEST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT THE WEST 126.00 FEET
THEREOF.
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:
June 30, 2021
TO :
Ray Banker, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
CPA for Harquahala Sun. CPA2021007
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 CPA for Harquahala
Sun at APN# 506-29001, 2, 22A, 22B, 23C & 23 D. Water and Sewer information is
not provided. MCESD has concerns, ATC/NOID must be obtained prior to construction
permit approval.
Based on the above, MCESD raised no objections to the Planning & Development
Department in Accela: on June 30, 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.
July 28, 2021
Mr. Ray Banker
Maricopa County Planning & Development Department
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
Electronically submitted to: ray.banker@maricopa.gov
RE: Harquahala Sun Solar and Storage Project
Dear Mr. Banker:
AttherequestofMaricopaCounty,theArizonaGameandFishDepartment(Department)has
reviewed the Comprehensive Plan Amendment Application (CPA), CPA2021007, 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 150-MWachybridsolar
photovoltaic(PV)andbatterypowerplantandassociatedinfrastructure.TheProjectwillinclude
approximately400,000solarmodulesmountedonsingleaxistrackers,inverterstoconvertdirect
current into grid-compatible alternating current, transformers to increase the voltage of the
electricitygenerated,a500kVutilitysubstation,batteryenergystoragesystem,andoneormore
small buildings to house telecommunication equipment. Additionally, the project includes a
200-footwidegen-tieroutecorridorthatextendsapproximately4miles.ItistheDepartments
understandingthatthisgen-tierouteisstillunderdevelopmentandRWEwillcoordinatewiththe
Department once this route is finalized.
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.
Harquahala Sun Solar and Storage Project
July 28, 2021
Page 2
The Department is available to review survey designs, provide input on developing
best-management practices, and to assist in developing this economically-important facility
whilealsominimizinganypotentialimpactstowildlifeduringconstructionandoperationofthe
facility.
The western burrowing owl (Athene cunicularia hypugaea) is a specialstatusspeciesthatis
regulated under the Migratory Bird Treaty Act (MBTA). The Department recommends
conductinganoccupancysurveyforwesternburrowingowlstodetermineifthisspeciesoccurs
withinyourprojectfootprint.GuidelinesforconductingthissurveyarefoundinBurrowingOwl
Project Clearance Guidance for Landowners which can be accessed on-line through the
Department’s website. Please note that the survey should beconductedbyasurveyorthatis
certifiedbytheDepartment.Ifanactiveburrowingowlburrowisdetected,pleasecontactthe
Department and the U.S. Fish and Wildlife Service for direction, in accordance with the
Burrowing Owl Project Clearance Guidance for Landowners.
In addition, the Department would like to provide the following general recommendations:
●
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.
●
The
Department’s
Wildlife
Compatible
Fencing
Guidelines
(https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/planningF
or/wildlifeFriendlyGuidelines/110125_AGFD_fencing_guidelines.pdf)
provide
informationonhowfencingimpactswildlife,waystodesignfencingtopreventwildlife
entanglement and impalement, and to ensure wildlifemovementisnotrestricted.The
Department developed these guidelines to assist landowners, project managers, land
managementagencies,andothersindesigningwildlifecompatiblefences.Thefocusis
on fence design rather than detailed fence construction specifications. The goal is to
provide guidance in designing a fence that will achieve its objective with minimum
impact to 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
Harquahala Sun Solar and Storage Project
July 28, 2021
Page 3
Departmentrecommendsescaperampsbeconstructedatleastevery90meters.Escape
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 #M21-07074314
From:
David Jacobs
To:
Ray Banker (PND)
Subject:
CPA2021007 Harquahala Sun
Date:
Thursday, July 8, 2021 5:04:05 PM
Ray-
The narrative for the project states [page 16] under Environmental Policy # 5 that a cultural
resource survey will be submitted to our office with the zone change and plan of development
to identify sensitive areas requiring protection, preservation, and/or mitigation of impacts.
Our records indicate that both Section 5 and 6 of Township 1 North and Range 8 West have
not been surveyed or assessed for cultural resources. Our office awaits those surveys for
review and comment.
David Jacobs, Arizona State Historic Preservation Office
From:
Bruce Fenske
To:
Ray Banker (PND)
Cc:
Gerardo Ramirez; Isabell Garcia
Subject:
Re: New Case: CPA2021007 (Harquahala Sun - Major CPA)
Date:
Tuesday, July 6, 2021 12:10:56 PM
Attachments:
image001.png
image002.png
Mr. Banker:
Thank you for notifying the Southwest District of the Arizona Department of Transportation of the proposed
amendment to the county's comprehensive plan.
As stated on pages 5 and 10 of the project's narrative provided by the developer for the Harquahala Sun, the
developer will prepare and submit a traffic impact statement (TIS) per county standards for the project. We request a
copy of the referenced TIS to allow us to review the more detailed information on expected traffic generated by the
proposed facility.
Bruce A. Fenske, P.E.
Assistant District Engineer
Southwest District
Tel. 928.317.2138
Mobile 928.210.8882
On Fri, 2 Jul 2021 at 16:55, Gerardo Ramirez <gramirez@azdot.gov> wrote:
Bruce did you get this?
---------- Forwarded message ---------
From: Ray Banker (PND) <Ray.Banker@maricopa.gov>
Date: Fri, Jul 2, 2021 at 4:46 PM
Subject: New Case: CPA2021007 (Harquahala Sun - Major CPA)
To:
Good afternoon,
You are receiving this email as the above mentioned case is in an area which you are considered an “Area of
Interest”. Attached are documents relating to the subject case and upcoming TAC Meeting. Please let me know if
you if have any questions.
Thank you,
Ray Banker
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson Street, Suite 170
Phoenix, AZ 85003
602-506-2364
Ray.Banker@maricopa.gov
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
This message contains confidential information and is intended only for the individual(s)
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:
CPA2021007 – Harquahala Sun
Agenda Item: PZ-5
After writing of the staff report for CPA2021007, 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 within a Military Training Route (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)