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May 22, 2024
Z2024010
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
May 22, 2024
Case #/Title:
Z2024010 - Harquahala Sun Modification of Conditions
Supervisor District:
5
Applicant/Owners:
Kimley-Horn & Associates, Keith Nichter / CV Harquahala LLC (C/O
HV Sunrise LLC), Garrett Bean
Request:
Modification of Condition to an approved rezone and plan of
development (Z2021111) in the IND-2 IUPD zoning district
Site Location:
Generally located at the SWC of the intersection of 483rd Ave. &
Courthouse Rd.
Site Size:
Approximately 1,173 acres
County Island Status:
No
Additional
Comments:
The applicant is seeking a modification of condition ‘c.11’ of
previously approved zoning case Z2021111; approved zone change
request with a plan of development (POD) for Harquahala Sun
Photovoltaic Solar Energy Generation and Storage project. The site
is comprised of approximately 1, 173 acres in the IND-2 IUPD
zoning district. The initial rezoning case was approved by the Board
of Supervisors (BOS) on April 6, 2022.
The proposal includes amending condition ‘c.11’ which relates to
the right-of-way (R/W) dedication and preservation requirements
prior to issuance of building permits. This modification if for the
required 65’ half width dedication. The request is to modify
dedication to a preservation in order provide consistency with other
approved solar projects along Courthouse Rd. located directly to
the west and the northeast. There is no known public opposition.
Commission
Recommendation:
On 4/25/24, the Commission voted 6-0 to adopt a motion
recommending the Board of Supervisors approve Z2024010
subject to conditions ‘a’ – ‘k’:
May 22, 2024
Z2024010
Page 2 of 4
a.
The initial Plan of Development shall be developed in substantial conformance with the Site
Plan entitled “Harquahala Sun Site Plan” consisting of 17 full-size sheets, dated March 1,
2022, and stamped received March 1, 2022, except as modified by the following conditions.
Staff may determine slight refinements to remain in substantial conformance with the
approved site plan. Minor and major amendments to the site plan will be determined in
accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Harquahala Sun Narrative Report”, consisting of 14 pages, dated February 25, 2021,
and stamped received March 1, 2022 except as modified by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1. At the time of application for building permits, the plans or a drainage exhibit must
identify (quantity) offsite flows entering the site,
2. At the time of application for building permits, retention basin design for basins
located in a floodplain must be revised to provide excavated basins.
3. Retention basin volumes must be sized for the 100 year, 2 hour storm event. Retention
basins must drain within 36 hours.
4. At the time of application for building permits, the weighted runoff coefficient to size
retention basins must be verified and be based on C=0.95 for the panels, C=0.88 for
gravel access roads; and C=0.5 for unimproved areas.
5. At the time of application for building permits, detailed grading and drainage plans
must show diversions necessary to direct flows from solar development site to a
retention basin. No flow from the solar development site shall be permitted to flow
directly offsite (unretained).
6. Electrical equipment, including inverters must be elevated to be at or above the
regulatory flood elevation for each respective flood zone; or otherwise floodproofed.
7. Work with the floodplains will require a floodplain use permit issued concurrent with
the building permits.
8. Extension of the gen-tie across FCDMC owned properties will require procurement of
a Flood Control District R/W permit.
9. Extension of the gen-tie within County (MCDOT) right-of-way may require procurement
of a lease or license to occupy the right-of-way.
10. Driveways C and D along 491st Avenue, south of Courthouse Road must align.
11. The following R/W dedication and preservation will be required. R/W dedication must
occur prior to issuance of building permits.
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a
collector roadway
May 22, 2024
Z2024010
Page 3 of 4
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Courthouse Road – 65’ half width right-of-way
12. Based on the conceptual design nature of the information submitted, changes to the
site layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
13. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Final Plat Approval and Building Permits.
14. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for
construction.
d.
The following IND-2 IUPD Zoning District standards shall apply:
1. Maximum Electric Transmission Line Height – 140’
2. Maximum Lot Coverage – 60%
3. Parking Spaces Required – None required
4. Loading & Unloading Spaces Required - None required
5. Landscaping – No landscaping strip required
6. Sight Visibility Triangles – No sight visibility triangles are required at project site
entry/access points and road intersection, section line, mid-section line or alignment
corners
7. Article 902.91 – All utility uses shall be permitted to be conducted outdoors
8. Site Enclosure and Screening – Chain-link fencing and gates are permitted around the
perimeter of the site boundaries except that opaque chain-link fencing with vinyl slats
shall be required along any property line abutting a residential zoning boundary
9. Pavement Required – Pavement not required for parking spaces with approval of a
dust control plan by Maricopa County Air Quality Department.
e.
The applicant shall route their plans through the Department of Defense (DOD) siting
clearinghouse process in accordance with the letter from Luke Air Force Base dated
November 1, 2021. Based on those findings, a revised site plan shall be submitted in
accordance with condition ‘a’ if required.
f.
The Owner or Developer shall address and respond to all recommendations of the Arizona
Game and Fish Department (AZGFD) included in the letter dated February 24, 2022 at the
time of construction permitting. The response shall be sent to AZGFD for review and
consideration. The Zoning Inspector and/or their designee shall review the applicant’s
response, and any subsequent comments received from AZGFD, to determine whether the
response issued by the Owner or Developer addresses AZGFD comments in good faith.
Should the Zoning Inspector and/or their designee decide that the Owner or Developer has
not substantially addressed AZGFD comments in good faith, the Owner or Developer shall
May 22, 2024
Z2024010
Page 4 of 4
be required to propose and implement alternatives to the recommendations made by
AZGFD.
g.
The Owner or Developer shall receive approval of a Cultural Resource Survey accordance
with the comments received by AZSHPO in the letter dated July 8, 2021 prior to the issuance
of building permits.
h.
The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility
including ancillary offices and ancillary uses. Any other site uses shall require a Zone
Change Major Amendment.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
j.
The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
k.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the zone change, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the zone change, does not
reduce any rights that existed on the date of application to use, divide, sell or possess the
property and that there would be no diminution in value of the property from the value it held
on the date of application due to such revocation or expiration of the zone change. The
zone change enhances the value of the property above its value as of the date the zone
change is granted and reverting to the prior zoning results in the same value of the property
as if the zone change had never been granted.
Presented by:
Paola Jaramillo, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
4/25/24 P&Z Packet (18 pages)
Note:
4/25/24 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
Z2024010
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2024010 – Harquahala Sun Modification of Conditions
Hearing Date:
April 25, 2024
Supervisor District:
5
Applicant:
Kimley-Horn & Associates – Keith Nichter
Owner:
CV Harquahala LLC (C/O HV Sunrise LLC) – Garrett Bean
Request:
Modification of Condition to an approved rezone and plan of development
(Z2021111) in the IND-2 IUPD zoning district.
Site Location:
Generally located at the SWC of the intersection of 483rd Ave. & Courthouse
Rd.
Site Size:
Approximately 1,173 acres
Density:
N/A
County Island:
No
County Plan:
Maricopa County Vision 2030 Comprehensive Plan - Utilities
Municipal Plan:
N/A
Municipal Comments:
N/A
Support/Opposition:
None Known
Recommendation:
Approve with conditions
Z2024010
Page 2 of 8
Project Summary:
1.
This is a request for modification of condition ‘c.11’ of zoning case Z2021111; an approved zone
change request with plan of development (POD) for the Harquahala Sun Photovoltaic Solar
Energy Generation and Storage project. The site is comprised of approximately 1,173 acres in the
IND-2 IUPD zoning district. The initial rezoning case was approved by the Board of Supervisors
(BOS) on April 6, 2022.
2.
The proposal includes amending condition ‘c.11’ which relates to the right-of-way (R/W)
dedication and preservation requirements prior to issuance of building permits. The applicant is
requesting to modify the required 65’ half width dedication to ensure consistency with the other
approved solar projects along Courthouse Rd directly to the west (Z2022214) and directly
northeast (Z2019121).
3.
Listed below is the approved condition along with the requested modification language:
Approved condition language:
c. The following Planning Engineering conditions shall apply:
11. The following R/W dedication and preservation will be required. R/W dedication must occur
prior to issuance of building permits.
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a collector roadway Courthouse
Road – 65’ half width right-of-way
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Proposed amended condition language:
c. The following Planning Engineering conditions shall apply:
11. The following R/W dedication and preservation will be required. R/W dedication must occur
prior to issuance of building permits.
Z2024010
Page 3 of 8
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a collector roadway
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Courthouse Road – 65’ half width right-of-way
4.
Background:
•
December 9, 2020: The BOS approved CPA2020002 a major comprehensive plan
amendment to designate a portion of the site as Utilities land use in the Maricopa County’s
Vision 2030 Comprehensive Plan.
•
December 8, 2021: The BOS approved CPA2021007 a major comprehensive plan
amendment to designate the complete site as Utilities land use in the Maricopa County’s
Vision 2030 Comprehensive Plan.
•
April 6, 2022: The BOS approved Z2021111 to rezone 1,173 acres from RU-43 to IND-2
IUPD with a Plan of Development.
2024 Aerial Image of the Site
Z2024010
Page 4 of 8
Zoning of the Site and Adjacent Properties
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
IND-2 IUPD / Vacant
North:
Rural-43 / Vacant
South:
Rural-43 / Vacant
East:
Rural-43, C-2, & R-5 / Vacant
West:
IND-2 & Rural-43 / Vacant
Utilities and Services:
6.
Water:
Private Well or Hauled Water
Wastewater:
Onsite Septic System
Electric:
APS
School District:
Arlington Valley Elementary School District #47
Buckeye Union High School District #1
Fire:
Harquahala Valley Fire District
Police:
Maricopa County Sheriff’s Office
Solid Waste: Republic Services
Z2024010
Page 5 of 8
Right-of-Way:
7.
The following table includes existing and proposed half-width right-of-way and the future
classification based on the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name
Existing R/W
Proposed R/W*
Future Classification
Courthouse Rd
Varies
65’ (half)
Minor Arterial
483rd Ave
Varies
65’ (half)
Minor Arterial
491st Ave
Varies
40’ (half) 80’ (full)
Minor Collector
499th Ave
Varies
65’ (half)
Minor Arterial
*Right-of-way dedications and preservations will be addressed at the time of construction
permitting.
Adopted Plans:
8.
Maricopa County Vision 2030 Comprehensive Plan (adopted 2013): The site is designated as
Utilities. The utilities designation is for electric generating plants, water, and wastewater
treatment facilities, associated offices, and accessory equipment. Under a Utilities designation,
the appropriate zoning district is IND-2
Public Participation Summary:
9.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification by first class mail to adjacent property owners within 300’ of
the subject parcel and interested parties. The applicant submitted a public participation results
report. According to this report, the applicant received one (1) inquiry from a resident about the
proposed modification of condition. The inquiry was an information request about the site. To
date, no opposition has been received.
Outstanding Concerns from Reviewing Agencies:
10.
N/A
Staff Analysis:
11.
Condition ‘c.11’ of Z2021111 designates Courthouse Rd. as a dedication. The applicant is seeking
to modify the condition by changing the dedication to a preservation to ensure there is
consistency along Courthouse Rd. with the adjacent solar projects.
12.
Reviewing county agencies, interested parties, and adjacent property owners offer no opposition
to this request. The modification of the condition would not have an impact on the approved use
of the property as a solar facility. Staff supports the modification of condition ‘c.11’ as the site
will remain in conformance with the previously approved conditions, site plan, and narrative.
13.
The conditions recommend by staff remain identical to the conditions approved by the BOS under
Z2021111 except for the subject condition outlined below with modified condition relabel.
Z2024010
Page 6 of 8
Recommendation:
14.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2024010 subject to the following conditions ‘a’ – ‘k’:
a.
The initial Plan of Development shall be developed in substantial conformance with the Site
Plan entitled “Harquahala Sun Site Plan” consisting of 17 full-size sheets, dated March 1,
2022, and stamped received March 1, 2022, except as modified by the following conditions.
Staff may determine slight refinements to remain in substantial conformance with the
approved site plan. Minor and major amendments to the site plan will be determined in
accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Harquahala Sun Narrative Report”, consisting of 14 pages, dated February 25, 2021,
and stamped received March 1, 2022 except as modified by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1. At the time of application for building permits, the plans or a drainage exhibit must
identify (quantity) offsite flows entering the site,
2. At the time of application for building permits, retention basin design for basins
located in a floodplain must be revised to provide excavated basins.
3. Retention basin volumes must be sized for the 100 year, 2 hour storm event. Retention
basins must drain within 36 hours.
4. At the time of application for building permits, the weighted runoff coefficient to size
retention basins must be verified and be based on C=0.95 for the panels, C=0.88 for
gravel access roads; and C=0.5 for unimproved areas.
5. At the time of application for building permits, detailed grading and drainage plans
must show diversions necessary to direct flows from solar development site to a
retention basin. No flow from the solar development site shall be permitted to flow
directly offsite (unretained).
6. Electrical equipment, including inverters must be elevated to be at or above the
regulatory flood elevation for each respective flood zone; or otherwise floodproofed.
7. Work with the floodplains will require a floodplain use permit issued concurrent with
the building permits.
8. Extension of the gen-tie across FCDMC owned properties will require procurement of
a Flood Control District R/W permit.
9. Extension of the gen-tie within County (MCDOT) right-of-way may require procurement
of a lease or license to occupy the right-of-way.
10. Driveways C and D along 491st Avenue, south of Courthouse Road must align.
Z2024010
Page 7 of 8
11. The following R/W dedication and preservation will be required. R/W dedication must
occur prior to issuance of building permits.
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a
collector roadway
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Courthouse Road – 65’ half width right-of-way
12. Based on the conceptual design nature of the information submitted, changes to the
site layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
13. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Final Plat Approval and Building Permits.
14. Engineering review of planning and/or zoning cases is for conceptual design only. All
development and engineering design shall be in conformance with Section 1205 of
the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current
engineering policies, standards and best practices at the time of application for
construction.
d.
The following IND-2 IUPD Zoning District standards shall apply:
1. Maximum Electric Transmission Line Height – 140’
2. Maximum Lot Coverage – 60%
3. Parking Spaces Required – None required
4. Loading & Unloading Spaces Required - None required
5. Landscaping – No landscaping strip required
6. Sight Visibility Triangles – No sight visibility triangles are required at project site
entry/access points and road intersection, section line, mid-section line or alignment
corners
7. Article 902.91 – All utility uses shall be permitted to be conducted outdoors
8. Site Enclosure and Screening – Chain-link fencing and gates are permitted around the
perimeter of the site boundaries except that opaque chain-link fencing with vinyl slats
shall be required along any property line abutting a residential zoning boundary
9. Pavement Required – Pavement not required for parking spaces with approval of a
dust control plan by Maricopa County Air Quality Department.
e.
The applicant shall route their plans through the Department of Defense (DOD) siting
clearinghouse process in accordance with the letter from Luke Air Force Base dated
November 1, 2021. Based on those findings, a revised site plan shall be submitted in
accordance with condition ‘a’ if required.
Z2024010
Page 8 of 8
f.
The Owner or Developer shall address and respond to all recommendations of the Arizona
Game and Fish Department (AZGFD) included in the letter dated February 24, 2022 at the
time of construction permitting. The response shall be sent to AZGFD for review and
consideration. The Zoning Inspector and/or their designee shall review the applicant’s
response, and any subsequent comments received from AZGFD, to determine whether the
response issued by the Owner or Developer addresses AZGFD comments in good faith.
Should the Zoning Inspector and/or their designee decide that the Owner or Developer has
not substantially addressed AZGFD comments in good faith, the Owner or Developer shall
be required to propose and implement alternatives to the recommendations made by
AZGFD.
g.
The Owner or Developer shall receive approval of a Cultural Resource Survey accordance
with the comments received by AZSHPO in the letter dated July 8, 2021 prior to the issuance
of building permits.
h.
The IND-2 IUPD shall limit the use of the site exclusively to a solar electric generating facility
including ancillary offices and ancillary uses. Any other site uses shall require a Zone
Change Major Amendment.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for initiating a
revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance.
j.
The property owner/s and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
k.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, and at the
time of expiration of the zone change, the property shall revert to the zoning that existed on
the date of application. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, or the expiration of the zone change, does not
reduce any rights that existed on the date of application to use, divide, sell or possess the
property and that there would be no diminution in value of the property from the value it held
on the date of application due to such revocation or expiration of the zone change. The
zone change enhances the value of the property above its value as of the date the zone
change is granted and reverting to the prior zoning results in the same value of the property
as if the zone change had never been granted.
Presented by:
Paola Jaramillo, Planner
Reviewed by:
Darren Gerard, AICP, Planning Services Manager
Attachments:
Case Map (1 page)
Narrative Report (7 pages)
Engineering comments (2 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 1006.16 approx.
Generated April 16, 2024 9:23 AM
Z2024010
Application Name:
Legal Description
Harquahala Sun - Modification of Conditions - PSEIS
Applicant
Case Address
T01N R08W 6,
Keith J Nichter for Kimley-Horn
49503 W COURTHOUSE Rd
Applicant Phone/Email
Parcel Primary:506-29-004
602.313.7206
keith.nichter@kimley-horn.com
TONOPAH AZ 85354
Map scale 1:25,980
Supervisor District No.
506-29-001, 506-29-002, 506-29-022A+
MODIFICATION OF CONDITION FOR PRESERVATION OF COURTHOUSE RD RIGHT OF WAY
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
General Location: The proposed Project is located northwest of Saddle Mountain, east of Granite
Mountain, and northeast of the Eagle Tail Mountains in Sections 5, 6, and 7 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 south 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.
HARQUAHALA SUN
ASSOCIATED CASE#: Z2021111
REQUEST: MODIFICATION OF CONDITION FOR PRESERVATION OF
COURTHOUSE RD. RIGHT OF WAY
MODIFICATION OF CONDITION
NARRATIVE REPORT – JANUARY 2024
Page 2
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
PURPOSE OF REQUEST
HV Sunrise, LLC, (“Applicant”) on behalf of the property owners, Kawala One, LLC and CV Harquahala,
LLC, request a ‘Modification of Conditions’ for the previously approved case #Z2021111 for a zone
change from RU-43 to IND-2 IUPD Zone for the Harquahala Sun Photovoltaic Solar Energy Generation
and Storage Project (Project) on approximately ±1,226.86 gross acres.
DESCRIPTION OF PROPOSAL
This proposed ‘Modification of Condition’ application looks to amend a condition (C-11) in case
#Z2021111, which was approved by the Maricopa County Board of Supervisors (BOS) on April 6, 2022.
This modification looks to create a consistent application of the right-of-way treatment along
Courthouse Road, as approved in the adjacent solar projects to the east (#Z2019121) and west
(#Z2022214), by changing the 65’ half width dedication to a preservation. All other conditions, proposed
uses and details of Z2021111 will remain as previously approved unless specifically addressed through
subsequent applications/approvals.
As approved, Condition “C.11” reads as follows.
11. The following R/W dedication and preservation will be required. R/W dedication must occur
prior to issuance of building permits.
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a collector roadway
Courthouse Road – 65’ half width right-of-way
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Page 3
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
As coordinated with Maricopa County Dept of Transportation (MCDOT), the requested modification
would read as follows.
11. The following R/W dedication and preservation will be required. R/W dedication must occur
prior to issuance of building permits.
Dedication:
491st Avenue – 40’ half width (80’ full) right-of-way for a collector roadway
Preservation:
483rd Avenue – 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Courthouse Road – 65’ half width right-of-way
RELATIONSHIP TO SURROUNDING PROPERTIES
The surrounding areas are zoned IND-2 IUPD, RU-43, R-5 & C-3 and 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 CPA land use within the area
surrounding the site is Utilities for the proposed solar generation facilities, which will occur 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.
LOCATION AND ACCESSIBILITY
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.
Access:
The Project is located south of Interstate 10 (I-10), approximately 30 miles west of the State Route
85 (SR 85) connection to I-10.
Regional access to the site will be from I-10 to Harquahala Valley Road southward to Courthouse
Road easterly to the site. Alternatively, Salome Highway southeasterly from I-10 to Courthouse
Road westerly to the site. Access to 491st Avenue may be achieved from Courthouse Road easterly
from Harquahala Valley Road or westerly the intersection of Courthouse Road and Salome Highway.
Access to the site will be established by the five (5) full-access driveways shown in the illustration
below. Two of the driveways will be located on Courthouse Road (Driveway A, just east of 499th
Avenue and Driveway B, just east of 487th Avenue) and the other three (3) driveways on 491st
Avenue south of Courthouse Road (Driveway C & Driveway E) on the west side of 491st Avenue
and Driveway D, on the east side).
Page 4
kimley-horn.com
1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Maricopa County Department of Transportation (MCDOT) requires that driveways be spaced a
minimum of 250 feet from adjacent intersections on major collector roadways. As currently planned
Driveway A is approximately 0.15-miles from 499th Avenue, Driveway B is approximately 0.10-miles
from 487th Avenue, and Driveways C and D are approximately 0.5-miles from Courthouse Road.
Driveway E is located approximately 1.16 miles from Courthouse Road.
CIRCULATION SYSTEM
Off-site Circulation (Access)
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 several 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 with Overlay and
Plan of Development. 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
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1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
are currently no identified public or private plans to make public improvements to Van Buren Street.
The Maricopa County Department of Transportation has required 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):
491st. Avenue: 40’ dedication of 80’ ROW
ROW Preservation Requests (measured as half-width of ROW from centerline):
Courthouse Road: 65’ dedication of 130’ ROW
483rd Avenue: 40’ half ROW preservation
499th Avenue: 65’ half width ROW preservation
The
Zone
Change
with
Overlay
and
Plan
of
Development
identify
required
ROW
dedications/preservations. 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 or deemed unnecessary in coordination with
MCDOT.
Final dedication, preservation, alignments, terminations, and vacations of unneeded ROW will be
determined in negotiation with MCDOT.
On-site Circulation
Internal circulation is planned via a network of private maintenance and service drive aisles to provide
vehicular access to the solar arrays, associated equipment, and BESS and substation facilities. All
driveway aprons (as specified by MCDOT), shall be paved with a minimum asphalt millings bound with
a liquid binding emulsifier, or comparable, with the remainder of the typical 20’ internal drives being
compacted decomposed granite (DG), or similar road base material to minimize imperviousness and
stormwater runoff, as proposed with an approved dust control permit from Maricopa County Air Quality
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1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
Control. Construction and maintenance of the drives will conform to applicable requirements of the
Maricopa County Air Quality Control Department.
DEVELOPMENT SCHEDULE
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 in 2024. The Applicant has a Facility
Study with APS to interconnect the Generation Facility to APS’s 500-kV Delaney Switchyard.
Construction is anticipated to begin in 2024.
COMMUNITY FACILITIES AND SERVICES
The Project is located within the community service district boundaries:
Western Maricopa Education Center (MEC) Technical School District (District Ward No. 2)
Buckeye Union High School District No. 1
Arlington School District No. 47
The Project is not anticipated to generate any adverse impacts to the listed school districts.
PUBLIC UTILITIES AND SERVICES
Utility service(s) to the site will be provided by the following providers. No water or wastewater service
is planned. Water for construction purposes will be transported to the site. Drinking water for employees
will be individually provided. No permanent restrooms will be provided. Temporary facilities will be
provided for maintenance activities as needed.
UTILITY/SERVICE
AGENCY/PROVIDER
Water
(N/A) Hauled/well
Sewer
(N/A) Sanitary sewer provided via accessible
portable
restroom
facility
as
needed
for
maintenance activities. In the event that a future
O&M
building
is
built
and/or
permanent
employees are present on the site sewer to be
septic.
Electric Service
Arizona Public Service
Fire
Protection
(including
EMS
and
Ambulatory Services)
Harquahala Valley Fire District
Police Protection
Maricopa County Sheriff Office
Refuse (Waste Management)
Republic Services
Telephone
American Telephone and Telegraph (AT&T) Co
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1001 West Southern Avenue Suite 131, Mesa, AZ 85210
480 207 2666
PROJECT IS CONSISTENT WITH THE OVERALL INTENT OF THE
COUNTY COMPREHENSIVE PLAN
This project is consistent with the zone change to IND-2 IUPD approved in case #Z2021111 along with
the County’s Vision 2030 Comprehensive Plan, which places emphasis on the value and desire for
Maricopa County to become a global leader in renewable energy. This project is in alignment with the
County’s goals and future vision. Consistent with the existing Utilities land use designation, approval of
this application will help facilitate the development of renewable energy generation in close proximity
to existing electrical infrastructure and existing and planned solar generation facilities to further the
implementation of the County’s strategic priorities to become a global leader in renewable energy.
Page 1 of 1
Bob Fedorka, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
bob.fedorka@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
February 29, 2024
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning
& Development
Attn:
Paola Jaramillo Quintero, Planner, Planning & Development Services
From:
Robert Fedorka, PE, Engineering Supervisor, Planning &
Development Services
Subject:
Z2024010 – Modification of Conditions
Harquahala Sun Solar
(E1 Memo)
Job Site
Address:
48318 W. Courthouse Road, Tonopah
APN(s):
506-29-001
PND Engineering Review has reviewed the 1st submittal of the subject application
routed for review on 2/28/24 and has no objections.
MCDOT’s approval is attached hereto.
Please contact me if you have any questions or require any additional information.
Engineering Division
2901 W. Durango Street
Phoenix, Arizona 85009
P: 602.506.4889
F: 602.506.5969
DATE:
October 11, 2023
TO:
Bob Fedorka
Engineering Supervisor
FROM:
Denise Lacey
Systems Planning Manager
SUBJECT: Right-of-way Dedications for Harquahala Sun – B202306815, B202307356,
B202307417, Z2023094
The following right-of-way dedication and preservation limits were approved for the Harquahala
Sun 1 development:
Dedication:
491st Avenue – 40’ half width (80‘ full) right-of-way for a collector roadway
Courthouse Road – 65’ half width right-of-way
Preservation:
483rd Avenue - 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Based on new information of existing constraints the following limits are approved:
Dedication:
491st Avenue – 40’ half width (80‘ full) right-of-way for a collector roadway
Preservation:
Courthouse Road – 65’ half width right-of-way
483rd Avenue - 40’ half width right-of-way
499th Avenue – 65’ half width right-of-way
Any questions regarding this new approval should be sent to MCDOTPlanning@maricopa.gov.