04. and 05. CPA2024003 and Z2024040 PZ Report

Maricopa County — Planning & Zoning (2025-01-09)

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CPA2024003 and Z2024040
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Cases:
CPA2024003 & Z2024040 - Sun Basin III

Hearing Date:
January 9, 2025

Supervisor District:
5

Applicant:
Steve Morgan, KP Environmental

Owner:
Arizona State Land Department

Requests:

1.
General Comprehensive Plan Amendment (CPA) to change a land use
designation in the Old U.S Highway 80 Area Plan from Large Lot Residential
to Utilities

2.
Zone Change with Overlay from Rural-43 to IND-2 IUPD with a Plan of
Development for a solar facility

Site Location:
Generally located at the southwest corner of Narramore Road & 339th
Avenue alignments in the Tonopah area

Site Size:
Approximately 520 acres

Density:
N/A

County Island:
No

County Plan:
Old U.S Highway 80 Plan: Large Lot Residential (1-2 du/ac)

Municipal Plan:
N/A

Municipal Comments:
N/A

Support/Opposition:
95 in opposition

Recommendations:
1.
Approve (CPA2024003)
2.
Approve with conditions (Z2024040)

CPA2024003 and Z2024040
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Project Summary:

1.
The applicant, Steve Morgan with KP Environmental on behalf of Sun Basin Solar LLC, is seeking
a General Comprehensive Amendment (CPA) of the Old U.S Highway 80 Area Plan to change a
land use designation from Large Lot Residential to Utilities and a zone change from Rural-43 to
IND-2 IUPD with a Plan of Development (POD) for construction of a photovoltaic solar energy
generating facility, Sun Basin III. The site is owned by the Arizona State Land Department (ASLD)
and is comprised of 520 acres, located south of Narramore Rd. and west of 339th Avenue,
adjacent to the unincorporated community of Arlington. This project is one of several Sun Basin
projects within this region.

Regional Context of the Six Sun Basin Sites

2.
The proposes photovoltaic panel arrays and electrical collection systems. The applicant also
states the possibility of having an on-site substation, an operation and maintenance building, an
equipment storage facilitie, and maintenance laydown areas. However, these are not part of the
current POD and thus their addition will require POD amendment.

3.
Much of the surrounding area west and south of Arlington has been entitled and developed as
utility-scale solar power generation facilities, including directly west of the site under the approved
Sun Streams IV project. The area’s flat topography, lack of proximate residential neighborhoods
and solar resources have made the area attractive to solar developers. This site is also within the
10-mile emergency planning zone for Palo Verde Nuclear Generating Station, which limits the
development of larger, master-planned residential communities.

CPA2024003 and Z2024040
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4.
The site will be accessed via existing roads. The primary access is anticipated to be via
Narramore Road with regional access to Narramore Road via Interstate 10 (I-10) and Old U.S.
Highway 80. Narramore Road traverses through northeastern portion of the site, curving
southward into Arlignton School Road along the 339th Avenue alignment. There will be two
access points from this roadway into the site.

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CPA2024003 and Z2024040
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Excerpt from Site Plan

5.
The applicant is requesting to deviate specific developments standards in order to facilitate the
development per industry standards similar to other solar facilities in this region. The following
table depicts the base IND-2 zoning standards and the requested IND-2 IUPD zoning standards in
bold text:

CPA2024003 and Z2024040
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REGULATION
BASE ZONING DISTRICT
REGULATIONS (IND-2)
PROPOSED ZONING DISTRICT
REGULATIONS (IND-2 IUPD)
Maximum Height
40’
40’
Minimum Front Yard
10’ – 25’
10’*
Minimum Side Yard
3’ – 10’
10’*
Minimum Rear Yard
25’
10’*
Paving
Article 1102.7.1. For other than
one single-family dwelling unit or
one mobile home on a lot of
record, any parking area must be
paved or in the alternative
surfaced with aggregate base
course material.
Alternative surfacing materials or
methods approved by Maricopa
County Air Quality to minimize dust
pollution such as but not limited to,
compacted native soil or aggregate
base course, may be used in
driveways and parking areas
Loading and Unloading
Article 1103.2 one loading and
unloading space for each 10,000
square feet of floor area, or
fraction thereof, devoted to such
use in the building.
None required
Parking Spaces
See parking regulations
No required parking
Maximum Lot Coverage
60%
60% (solar panels not counted as
lot coverage)
Screening
A solid masonry wall not less than
six feet in height shall be required
along and adjacent to any side or
rear property line abutting any rural
or residential zone boundary, or
any alley abutting such zone
boundary. Further, any access
gates shall be constructed of view-
obscuring material to provide
effective site screening.
Minimum 6’ tall Chain-link fences
adjacent to rural/residential zoning
boundaries, including attached
barbed wire or concertina wire
under 8’ in height, without any
screening materials
*Except where the Property is adjacent to Arlington School Road/Narramore Road and 339th Avenue, where a
minimum 100’ setback is required.

6.
The applicant is requesting to modify the front, rear, and side setbacks to 10’ more specifically
from section lines and mid-section lines; except where the property is adjacent to Arlington
School Road/Narramore Road and 339th Avenue, where a minimum 100’ setback will be required
in order to establish a large separation between the location of the solar infrastructure and the
residential properties to the east of the project site. The applicant is also proposing no parking
and loading/unloading spaces be required and that pavement for provided parking spaces and
drive aisles be waived with an approved dust control plan from the Maricopa County Air Quality
Department.

7.
The applicant is proposing a chain link fence topped with barbed wire in lieu of a minimum 6’ CMU
wall abutting rural/residential zoning district or uses. The applicant has coordinated with the
Arizona Fish and Game Department (AGFD) to develop fencing with small gaps along the ground
to allow for small wildlife to traverse the site. The constructed facility will have up to five full-time
employees working maintenance such as weed management, inspections of equipment, and
maintaining on-site infrastructure.

CPA2024003 and Z2024040
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2024 Aerial Image of the Site

Zoning of the Site and Adjacent Properties

CPA2024003 and Z2024040
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8.
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 applicant states the proposed amendment to utilities constitutes an overall improvement to
the comprehensive plan and the Old U.S. Highway 80 Area Plan because the subject lands have
the necessary characteristics that make them suitable for solar generation. The narrative states
that this will be an improvement as the site is currently vacant, previously disturbed desert land
and the proximity to existing energy infrastructure.

Whether the Amendment Will Adversely Impact All or a Portion of the Planning Area by:

A. Altering acceptable land use patterns – The applicant states the proposed project will not
alter any surrounding land uses or land use patterns as the site is near existing electrical
infrastructure, existing solar and natural gas facilities.

B. Requiring public expenditures for larger or more expensive infrastructure – The applicant
states the proposed project will not require public expenditures as the site is near existing
substantial infrastructure.

C. Requiring public improvements to roads, sewer, or water systems that are needed to support
the planned land uses – The applicant states the proposed project will not contribute to an
increase in traffic that necessitates road improvements, and the use would not require water
or sewer systems improvements.

D. Adversely impacting planned uses because of increased traffic – The applicant indicates that
during the construction phase of the proposed project, traffic will temporarily increase for the
construction workforce, but otherwise little to no traffic after development of the site.

E. Affect the livability of the area or health and safety – The applicant states the project will have
minimal impact on the surrounding communities as all local environmental laws and
regulations will be complied with.

F. Adversely impacting the natural environment or scenic quality of the area – The applicant
indicates the proposed project will not significantly impact the natural environment. The
narrative states the subject site is previously disturbed vacant land and development of the
site will not disturb any land that has not been previously disturbed. Further, the applicant
states any buildings or structures that may be included with development will not adversely
impact scenic quality of the area as the surrounding properties are dominated by utility and
energy infrastructure.

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 by addressing the Strategic Priorities for Maricopa County such as providing
diversified energy security and increasing the economic base for local, county, and state
economies.

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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 as well as the Old U.S. Highway Area Plan. This staff report
identifies which goals, objectives, and policies the applicant’s narrative addressed.

Old U.S. Highway Area Plan

Land Use:

Goal L1: Promote efficient land development that is compatible with adjacent land uses, is well
integrated with the transportation system, and is sensitive to the natural environment.

Objective L1.1: Encourage orderly, efficient, and functional development patterns.

Objective L1.4: Preserve the scenic and where appropriate, the rural character of the Old U.S.
Highway 80 planning area.

Policy L1.1.9: Encourage cooperation and coordination among the Arizona Department of
Homeland Security, Maricopa County Department of Emergency Management, PVNGS, and other
power plants to ensure security and compatibility with adjacent land uses and associated
infrastructure.

Policy L1.4.3: Discourage urban commercial, residential, industrial development in rural
designated areas of the Old U.S. Highway 80 planning area

Transportation:

Goal T1: Provide an efficient, cost-effective, integrated, accessible, environmentally sensitive, and
safe multi-modal system that addresses existing and future roadway networks, and promotes
transit, bikeways, and pedestrian travel.

Policy T1.1.5: Support the Maricopa County Major Streets and Routes Plan and its requirements
for construction and dedication of roads

Policy T1.1.6: Communicate and coordinate with the Maricopa County Department of Emergency
Management regarding new development to ensure compatibility with PVNGS designated
evacuation routes.

Policy T1.1.7: Encourage new development within 10 miles of PVNGS to coordinate with the
Emergency Planning Department at PVNGS regarding its Outdoor Warning Siren System. The
installation of additional sirens may be necessary.

Environmental:

Goal E1: Promote development that mitigates adverse environmental impacts on the natural and
cultural environment, preserves highly valued wildlife habitat, minimizes flooding and drainage
problems, and protects historical and archaeological resources.

CPA2024003 and Z2024040
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Objective E1.1: Encourage developments that are compatible with natural environmental
features.

Objective E1.3: Improve air quality, water quality, and reduce noise impacts.

Objective E1.4: Preserve significant habitat areas for wildlife and native plant species.

Policy E1.1.1: Encourage land uses and development designs that are compatible with
environmentally sensitive areas such as the Palo Verde-Saguaro community, floodplains,
significant washes, hillsides, protected wildlife species habitat, scenic areas, and unstable
geologic and soil conditions.

Policy E1.1.2: Encourage building envelopes and localized grading to minimize blading and cut
and fill in environmentally sensitive areas and leave the remaining portion of the lot undisturbed.

Policy E1.1.6: Encourage the preservation of washes in their natural state.

Policy E1.1.7: Edges of major washes or rivers should remain undisturbed.

Policy E1.1.8: Encourage property owners to consult with the Maricopa County Planning &
Development Drainage Review division prior to land division to adequately plan for local washes
and landforms.

Policy E1.2.4: Prior to development, excavation, or grading, request that developers submit a letter
from the Arizona Historic Preservation Officer stating that the proposed land development will
have no effect on historical or cultural resources.

Policy E1.3.3: Discourage the construction of new dirt roads where feasible by encouraging
common access that is agreed to by end users. Encourage revegetation of abandoned dirt roads.

Policy E1.4.1: Support natural drainage corridors and protective buffering techniques along
significant wash systems where new development is proposed, to provide flood control, preserve
wildlife corridors, and protect open space.

Policy E1.4.2: Encourage protection of sensitive, threatened, or endangered plant and animal
species.

Policy E1.4.3: Encourage cooperation with the Arizona Game and Fish Department (AZGFD) and
the U.S. Fish and Wildlife Service to help prevent encroachment on riparian scrub habitat and/or
channels associated with significant local wash systems.

Policy E1.4.4: Encourage the use of native vegetation replacement.

Economic Development:

Goal ED 1: Promote a growing, balanced, efficient, and diversified economy, consistent with
available resources, that enhances quality employment opportunities, improves quality of life, and
is sensitive to the natural and cultural environment.

Objective ED1.1: Encourage quality employment opportunities by supporting efforts that
encourage business formation and expansion.

CPA2024003 and Z2024040
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Policy ED1.1.1: Encourage rural type, light industrial development near Palo Verde NGS and along
the railroad.

Growth Areas:

Objective G1.2: Ensure that future growth is coordinated in an efficient manner with stakeholder
input.

Policy G1.2.3: Continue to update the Old U.S. Highway 80 Area Plan with input from local
organizations and area residents to determine appropriate growth areas, if any, and make
changes as necessary.

Open Space:

Goal O1: Maintain and, where necessary, encourage expanding the open space system for
Maricopa County to address public access, connectivity, education, preservation, buffering,
quantity, quality, and diversity for regionally significant open spaces.

Objective O1.3: Protect and enhance environmentally sensitive areas, including existing natural
washes; steep slopes; historical, cultural, and archaeological resources; view corridors; sensitive
desert; and significant wildlife habitat and ecosystems.

Objective O1.6: Promote the economic, environmental, and quality of life benefits of natural open
space.

Policy O1.6.1: Encourage communication efforts with stakeholders to share information and
discuss current issues and development applications.

Water Resources:

Goal W1: Promote development that makes conservative use of renewable water supplies such
as effluent, surface water, and Central Arizona Project water when feasible, as well as
nonrenewable sources like groundwater.

Goal W2: Reduce the impacts of development on water quality.

Cost of Development:

Goal C1: Ensure that new development pays its fair and proportional share of the cost of
additional public facility and service needs generated by new development.

Existing On-Site and Adjacent Zoning / Land Use:

9.
On-site:

Rural-43 / Vacant
North:
Rural-43 / Vacant
South:
Rural-43 / OLD US 80 then Vacant
East:
Rural-43 / Single-family residence and vacant
West:
IND-2 / Utility scale solar farm

CPA2024003 and Z2024040
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Utilities and Services:

10.
Water:

On-site Well
Wastewater:
On-site Septic
School Districts:
Arlington Elementary School District

Buckeye Union High School district
Fire:
Arizona Fire & Medical Authority
Police:
Maricopa County Sheriff’s Office

Right-of-Way:

11.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.

Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Narramore Rd
40’
55’
Minor Arterial
OLD US 80
50’
65’
Principal Arterial
Arlington
School Road
40’
55’
Minor Arterial

*Right-of-way dedications and preservations will be addressed at the time of construction permitting.

Adopted Plan:

12.
Old U.S Highway 80 Plan (adopted 2007): This area plan currently designates the site as Large
Lot Residential (1-2 du/ac) This category identifies areas where low density single-family
development is desirable because urban services are limited or non-existent.

Public Participation Summary:

13.
The applicant has met all statutory requirements for public outreach. The site was posted in 14
locations and notifications was sent to all property owners within 300’ of the site as well as
identified areas of interest. Staff notes that while the general CPA does not require site posting
or mailed notification the applicant included both requests on the signage and mailers. As a result
of applicant notification, staff has received a signature petition in opposition with 95 individuals
representing 47 known property addresses located in the approximate vicinity of the proposed
site.

14.
Neighbor concerns include destruction of natural habitat, urban heat island effect, impact to
property values, decreased views, neighborhood encroachment, intensity and frequency of dust
storms and utility rate increases related to the proposal.

15.
Staff routed the application to reviewing agencies, the AGFD responded providing a comment
letter offering assistance in establishing best practices in design and function as habitat changes
inevitably occur with large site development. AGFD identified areas of potential critical habitat.
The applicant will continue to work with AGFD on implementation of prevention, minimization,
and mitigation measures.

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Outstanding Concerns from Reviewing Agencies:

16.
N//A

Staff Analysis:

17.
Maricopa County recognizes the potential environmental and economic benefits that solar
technology can provide. Sun Basin III will use photovoltaic technology (PV) that generates energy
from sun absorption. PV differs from other models of solar electric generation that require higher
amounts of water to cool the units. In contrast, very little water is utilized for PV. As a result, this
development would not pose a threat to the groundwater supply.

18.
The proposed solar facility is well suited to this rural area. It requires large amounts of relatively
flat land. The majority of the land is flat. The site is suitable due to proximity to electrical
transmission lines and substation, and because the surrounding area is vastly undeveloped with
no proximate residential densitys of moderate or higher density. The project is consistent with
regional land use and development patterns and will not detrimentally affect the area’s visual
quality.

19.
Staff is recommending approval of the CPA and zone change requests for the reasons noted
above. Staff has added conditions of approval that would allow for continued development of
the site to include battery energy storage systems (BESS) companion to solar power generation.

Recommendations:

20.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve CPA2024003.

21.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2024040 subject to the following conditions ‘a’ – ‘h’:

a.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Sun Basin III Solar Project”, consisting of 17 pages, dated November 2024,
except as modified by the following conditions.

b.
A Plan of Development is approved subject to site plan entitled “Sun Basin III Solar Project”
consisting of 12 full-size sheets, dated November 2024. The Plan of Development may be
amended administratively under separate application as long as the amendment complies
with the established IUPD development standards as approved by the Board of
Supervisors. 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.

c.
The following IND-2 IUPD standards shall apply:
1. Min. Front Setback: 10’ (Except along Arlington School Road/Narramore Road and
339th Avenue where 100’ setback is required.)
2. Min. Side Setback: 10' (Except along Arlington School Road/Narramore Road and 339th
Avenue where 100’ setback is required.)
3. Min. Rear Setback: 10’ (Except along Arlington School Road/Narramore Road and
339th Avenue where 100’ setback is required.)

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4. Parking: No Parking required
5. Loading & Unloading: None required
6. Max. Lot Coverage: 60% Solar panels not counted as lot coverage
7. Paving: Alternative surfacing materials or methods approved by Maricopa County Air
Quality to minimize dust pollution such as but not limited to, compacted native soil or
aggregate base course, may be used in driveways and parking areas.
8. Site Enclosure and Screening: Minimum 6’ tall chain-link fences adjacent to
rural/residential zoning boundaries, including attached barbed wire or concertina wire
under 8’ in height, and allow all gates to have no attached screening.
9. Article 902.9.1 – All utility uses shall be permitted to be conducted outdoor
10. Permitted uses: limited to solar energy generation, battery energy storage systems
and ancillary uses.
11. Battery energy storage systems (BESS) – units shall be setback a min. 100’ from all
lot lines and shall be separated a min. 500’ from all existing dwelling units.

d.
The following Planning Engineering conditions shall apply:

1. 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.

2. 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.

3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits

e.
The IND-2 zoning is subject to an Industrial Unit Planned Development (IUPD) Overlay that
limits the entitled use to solar power generation facilities and ancillary uses, or other uses
determined by both the Planning & Development Department and the Environmental
Services Department as appropriate and that can accommodate wastewater disposal via
on-site septic systems until such time as a sanitary sewer system is available serving the
site. The IUPD may be deleted or amended to entitle additional uses via Modification of
Condition application to the Planning & Development Department but will require
legislative approval by the Board of Supervisors after recommendation of the Planning &
Zoning Commission.

f.
Prior to issuance of a building permit, written confirmation will be required from the
emergency fire protection jurisdiction that emergency fire protection service will be
provided to the facility. Prior to issuance of the certificate of occupancy, local fire
protection jurisdiction review and approval will be required.

g.
In the event that Sun Basin III in whole or in part, is constructed and ceases operating for
a period of five years or more, the Owner shall be responsible for decommissioning the
non-operating portion of the site and for the regrading and restoration of the
site. Decommissioning of the site shall include the removal of all structures above and
under the ground (up to 3 feet) that are not a part of, or provide utility to, other operating

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portions of the site. The Owner shall be responsible for reporting any areas
decommissioned to Staff and either converting the site to other uses permitted in
condition ‘c’ of Z2024040 or otherwise the site will be subject to violation. All
decommissioning and restoration activities will adhere to the requirements of the
appropriate governing authorities, and will be in accordance with all applicable, federal,
state and Maricopa County regulations. Decommissioning removal requirements may
also be amended and amount of time to decommission extended, if warranted, by the
Zoning Inspector or his or her designee. The Owner shall inform any future
buyers/property owners of this decommissioning requirement and of their responsibility
to decommission.

h.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
may be considered by the Board after recommendation by the Commission at a public
hearing for reversion. It is, therefore, stipulated and agreed that either revocation due to
the failure to comply with any conditions, does not reduce any rights that existed on the
date of application to use, divide, sell or possess the property and that there would be no
diminution in value of the property from the value it held on the date of application due to
such revocation of the Zone Change. The Zone Change enhances the value of the property
above its value as of the date the Zone Change is granted and reverting to the prior zoning
results in the same value of the property as if the Zone Change had never been granted.

Presented by:
Paola Jaramillo, Planner
Reviewed by:
Rachel Applegate, Planning Supervisor