01. CPA2022012_02. Z2022183 Staff Report
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CPA2022012 & Z2022183 Page 1 of 13 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Cases: CPA2022012 & Z2022183 – Harquahala Generating Facility Hearing Date: April 6, 2023 Supervisor District: 5 Applicant: Burch & Cracchiolo, P.A. Owner: New Harquahala Generating Company, LLC Requests: 1) General Comprehensive Plan Amendment (CPA) to change the land use designation in the Vision 2030 Maricopa County Comprehensive Plan from Rural Development Area and Industrial to Utilities 2) Zone Change with Overlay from Rural-43 and Rural-43 SUP to IND-2 IUPD Site Location: Generally located at the SWC of 491st Ave. and Thomas Rd. Site Size: Approx. 361.13 acres Density: N/A County Island: No County Plan: Vision 2030 Maricopa County Comprehensive Plan – Rural Development Area and Industrial Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: None received to date Recommendations: 1) Approve 2) Approve with conditions CPA2022012 & Z2022183 Page 2 of 13 Project Summary: 1. The applicant is requesting a Comprehensive Plan Amendment (CPA) to change the land use designation in the Vision 2030 Maricopa County Comprehensive Plan from Rural Development Area and Industrial to Utilities. In addition to the CPA proposal, the applicant is requesting a Zone Change with Overlay from Rural-43 and Rural-43 SUP to IND-2 IUPD. The subject site is approximately 378.11 gross acres and approximately 361.13 net acres located in the Tonopah area. The difference between the gross and net acreage is due to the property lines extending into right-of-way dedicated in-fee to MCDOT along Thomas Rd. & 491st Ave. 2. In 2000, the original undeveloped property received a Comprehensive Plan Amendment (CPA199902) to change the land use designation to Industrial. Concurrently, the Board approved a SUP for an electric plant and generating station under case Z2000049. Subsequent amendments to the SUP were approved in 2001, 2002, 2003, 2004, 2006, 2009 and 2022. The amendments pertained to increasing tower height, switchyard modifications, updating landscaping/grading/drainage plans, and adding miscellaneous equipment and parking covers. The CPA and zoning are being requested in order to both replace the existing but outdated land use designation and zoning classification for the facility, while also adding additional land to the zoning entitlement for utility uses. To note, the County previously required that applicants seek an Industrial land use designation followed by a Special Use Permit (SUP) to develop a site for utility uses. 3. The existing power plant is a combined cycle gas turbine powered plant. There are three (3) units (each with a combustion turbine and a steamed turbine) for a total of six (6) generators in the plant. The combustion turbines use fuel from the El Paso Natural Gas Pipeline. Together these turbines generate approximately 1,100 MWs of capacity annually. The site is manned 24 hours a day and employs approximately 37 employees overall. 4. The site features flat topography with a portion being used for agricultural uses and the remainder serving as the existing generating facility. If approved, the developer plans to grade the agricultural fields and develop two evaporation ponds accessory to the generating facility. There will also be a transformer and auxiliary transformer developed to supplement facility operations in the event of a failure of existing transformers on site. 5. Primary access is available to the site from 491st Ave. with a secondary access point available also on 491st Ave. The owner or developer will be constructing improvements in accordance with MCDOT requirements as needed. There are thirty-five (35) paved parking spaces and two (2) ADA spaces on the site. Fire service is provided by the Harquahala Valley Fire District. 6. The narrative provided for CPA2022012 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 in their narrative that the amendment will be an overall improvement to the Comprehensive Plan because current land use designation of Rural Development Area (on the area not designated Industrial) robs the County of the benefits associated with extending the Utilities designation. The Utilities designation will allow the owner to proceed forth with the proposed development of evaporation ponds and spare transformers for increased efficiency and CPA2022012 & Z2022183 Page 3 of 13 reduction of delays associated with equipment failure. The applicant also notes that the station employs thirty-five (35) people and generates electricity which will be added to the grid. Whether the amendment will adversely impact all or a portion of the planning area. A. Altering acceptable land use patterns to the detriment to the plan. The applicant states that the land use patterns in the planning will not be altered and will remain agricultural, vacant and utilities (utility-scale solar and generating plants). Any future residential in the surrounding areas will remain low-density and (0-1) d.u. per acre. B. Requiring public expenditures for larger and more expensive public improvements to roads, sewer, or water systems that are needed to support planned land uses. All costs associated with any larger or more expensive infrastructure required as a result of the site shall be borne by the developer. C. Requiring public improvements to roads, sewer, or water systems that are needed to support planned land uses. All roads, water, sewer and other public infrastructure costs associated with the development shall be borne by the developer. D. Adversely impacting planned uses because of increased traffic. The narrative states that the only increase to occur in traffic will occur during the construction period for the ponds and backup transformers. Otherwise, the number of employees will remain static and in accordance with the existing generating facility. E. Affecting the livability of the area or the health or safety of present and future residents. The applicant notes that their proposal will have no negative social, visual, traffic, air quality, water quality impacts or other adverse impacts with a negative effect on the livability, health or safety of the area. F. Adversely impacting the natural environment or scenic quality of the area in contradiction of the plan. The existing site received a Certificate of Environmental Compatibility (CEC) in the year 2000 confirming that it had addressed US Fish & Wildlife Service (USFWS), Arizona Game & Fish Department (AZGFD) and Arizona State Historic Preservation Office (AZSHPO) requirements. The applicant states it will submit a survey for the new site that complies with both USFWS and AZGFD and ultimately results in a Biological Memorandum. AZSHPO stated that it previously surveyed the site and has no comments. Whether the amendment is consistent with the overall intent of the Comprehensive Plan. The narrative notes consistency with the intent of the Vision 2030 Comprehensive Plan. Specifically, the narrative identifies how this proposal is consistent with the County Mission “to provide regional leadership and fiscally responsible, necessary public services so that residents can enjoy living in a healthy and safe community” by achieving balanced and efficient CPA2022012 & Z2022183 Page 4 of 13 development patterns because this amendment focusing utility uses in a certain area of the County. The narrative states that the amendment will help protect the public health, safety, well- being and environment by ensuring air quality is preserved during construction of the proposed development and preventing the contamination of local soil and/or groundwater. The amendment assists in ensuring safe, reliable and efficient operating flexibility to generate electricity for the benefit of County residents in accordance with the Plan’s Mission. Lastly, the applicant’s narrative states the amendment and development will be fiscally responsible because infrastructure improvements required as a result of the site will be borne by the developer. The extent to which the amendment is consistent with the specific goals and policies contained within the plan. The narrative states that the subject site meets the following goals and policies of the Vision 2030 Comprehensive Plan. The applicant’s narrative report provides details about how this project intends to meet these goals and policies. Vision 2030 Maricopa County Comprehensive Plan Land Use Element – Goal 1, Goal 3, Policy 7, Policy 33 Transportation Element – Goal 1, Policy 11 Environment Element – Policy 3, Policy 4, Policy 5, Policy 10 Economic Growth Element – Goal 1, Policy 5 Growth Area Element – Policy 1 Open Space Element – Goal 1 Water Resources Element – Goal 1 Energy Element – Goal 1, Goal 3 Cost of Development Element – Goal 2 CPA2022012 & Z2022183 Page 5 of 13 7. The subject property is currently zoned Rural-43 and Rural-43 SUP. The applicant is proposing to vary the development standards of the IND-2 zoning district. The existing standards for the IND- 2 zoning district and proposed IND-2 IUPD zoning district are listed below: REGULATION BASE ZONING DISTRICT REGULATIONS (IND-2) PROPOSED ZONING REGULATIONS (IND-2 IUPD) Max. Height 40’, except any building or structure closer than 40’ to any rural or residential zone boundary shall not exceed the distance from said building or structure to the zone boundary except that no building need be less than 10’ 190’ for existing site, 50’ for expansion area Min. Front Yard 25’ 25’ Min. Side Yard 10’ 10’ Min. Rear Yard 25’ 25’ Min. Lot Area 6,000 sq. ft. 6,000 sq. ft. Min. Lot Width 60’ 60’ Max. Lot Coverage 60% 60% Parking Spaces Required 1 per 600 sq. ft. of floor area with 5% required to be ADA 35 paved spaces 2 ADA spaces Loading & Unloading Spaces Article 1103.2 One loading and unloading space for each 10,000 sq. ft. of floor area, or fraction thereof, devoted to such use in the building 0 loading and unloading spaces Landscaping Article 901.4.1: All properties abutting a public street shall have an open setback area which shall be landscaped extending for the full width of the property No landscape setback required Screening A solid masonry wall not less than six feet in height shall be required along and adjacent to any side or rear property line abutting any rural or residential zone boundary, or any alley abutting such zone boundary. Further, any access gates shall be constructed of view-obscuring material to provide effective site screening Chain-link fencing and gates shall be allowed on the perimeter of the project. Sight Visibility Triangles Required No SVT’s at project site entry/exit points, section line, and midsection line intersecting alignments Article 902.9.1 All uses except for parking, loading, unloading or storage shall be conducted within a completely enclosed building Evaporation ponds shall not be located inside enclosed buildings CPA2022012 & Z2022183 Page 6 of 13 8. The applicant is requesting several standards to be varied for the IND-2 IUPD zoning district including maximum height, parking spaces, loading and unloading spaces, landscaping, screening, sight visibility triangles (SVTs) and permitted outdoor uses. For height, the applicant’s narrative states that the 190’ maximum height is for the previously approved facility area. The applicant is requesting to vary parking to thirty-seven (37) total spaces including two (2) ADA spaces in accordance with the number of employees of the facility. For loading and unloading spaces, the applicant’s narrative states that they use various areas of the site for loading and unloading and want to continue the operation without pavement of such areas being required as per the existing operation of the site. The applicant is requesting to vary the landscape setback as the new areas of the site will continue to include significant open areas that sufficiently buffer the existing station from the public right-of-way. The applicant is proposing chain link fencing to screen the site due to the rural character of the area and the open space (ponds) being developed in the new portion of the site. A waiver to sight visibility triangles (SVTs) is also being requested as the existing plan of development did not require the triangles. Lastly, the applicant is requesting to allow the evaporation ponds to be developed and utilized outdoors as it is necessary for those to be developed outdoors by their very nature. Exhibit 1 – 2022 Aerial Map CPA2022012 & Z2022183 Page 7 of 13 Exhibit 2 – Rural-43 & Rural-43 SUP Zoning Districts & Surrounding Districts Exhibit 3 – Land Use Exhibit CPA2022012 & Z2022183 Page 8 of 13 Exhibit 4 – Site Plan Excerpt Existing On-Site and Adjacent Zoning / Land Use: 9. On-site: Rural-43 & Rural-43 SUP / Agricultural & Utilities North: Rural-43 / Agricultural South: Rural-43 / Agricultural East: Rural-43 / Agricultural West: Rural-43 / Agricultural Utilities and Services: 10. Water: Central Arizona Project & Private Wells Wastewater: Septic Electric: Self-Generating & APS Gas: El Paso Natural Gas School Districts: Arlington Elementary School District #47 Buckeye Union High School District #1 Fire: Harquahala Valley Fire District Police: Maricopa County Sheriffs Office (MCSO) CPA2022012 & Z2022183 Page 9 of 13 Right-of-Way: 11. 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 Existing Classification 491st Avenue 30’ 60’ Local Road Thomas Road Varies Varies to 130’ Future Minor Arterial Adopted Plan: 12. Vision 2030 Maricopa County Comprehensive Plan: The land use on approx. 160 acres of the site is designated as Industrial (per CPA199902) which encourages general, warehousing, storage, distribution activities, general manufacturing and product assembly. The remainder of the site 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. Staff notes the Industrial designation and SUP overlay are outdated as pertaining to private utilities and the applicant is seeking the updated designation of Utilities for the entire site. The Utilities designation designated electric generating plants, water and wastewater treatment facilities, and associated offices and accessory equipment. The appropriate zoning under the Utilities designation is IND-2. Public Participation Summary: 13. 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 and HOA’s within 300’ of the subject parcel and notification to interested parties. Signs were posted on site in accordance with applicable regulations. The applicant advertised the CPA along with the Zone Change. Advertising the Comprehensive Plan Amendment is not required; however, the applicant included the CPA request for public participation purposes. Staff received a Public Participation Results Report in accordance with County requirements. 14. The applicant held a virtual public meeting on November 22, 2022. According to the Results Report, two (2) neighboring landowners attended the meeting. Some of the issues discussed included operations of the plant, potential for other structures as high as 190’, lining of evaporation ponds and legal agreements between landowners. The Results Report also includes correspondence with the owner’s onsite leaseholder concerned with their ability to continue farming. Overall, the questions from the landowners participating in the process focused on private matters between the applicant and the landowners unrelated to the request. 15. To date, Staff has not received any letters or other communications in support or opposition. 16. Staff routed the request to various external agencies including Luke Air Force Base, ADOT, AZGFD and AZSHPO. Only AZSHPO commented stating they had no concerns and noting that no cultural or archeological resources were identified during a previous survey. Outstanding Concerns from Reviewing Agencies 17. N/A CPA2022012 & Z2022183 Page 10 of 13 Staff Analysis: 18. Staff supports the requests for a Comprehensive Plan Amendment and Zone Change. The proposed land use designation of Utilities allows for the existing facility to operate under the current land use designation versus a defunct designation and a temporal zoning overlay no longer permitted for electrical generating facilities. The expanded use designation and subsequent entitlement allow the developer to add features to the site which allow for greater efficiency in the generation of energy which is important to the overall stability of the grid. 19. Staff believes the site is well-suited to this rural area and is in relative proximity to electrical transmission lines, solar facilities, nearby stations and substations, and because the surrounding area is either undeveloped or utilized as agricultural land. Staff agrees with the applicant that the project will not detrimentally affect the visual quality of the area as the improvements (evaporation ponds and backup transformers) primarily comprise grade work and smaller structures associated with the existing generating plant. 20. 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. 21. The development’s water usage is governed by the State and a condition is provided limiting the amount that can be drawn down from the Harquahala Irrigation Non-Expansion Area. Prior to utilizing this groundwater, the development is required to seek availability of CAP water and use that water if available. The condition states that the owner is only permitted to utilize 62,500 acre feet of groundwater using a 10-year average on a rolling basis. The applicant’s narrative confirms that all water usage will remain within the parameters authorized by the State and the County condition from the original zoning case. The evaporative ponds are for wastewater from the plant and those ponds will be lined with material designed to protect seepage into groundwater. If approved, conditions associated with the prior cases will be carried over as a part of this request. 22. The applicant is requesting to vary the development standards of the IND-2 zoning district including maximum height for existing structures, parking spaces, loading and unloading spaces, landscaping, screening, sight visibility triangles (SVTs) and permitted outdoor uses. Staff is supportive of these variations as they reflect the existing site as developed with a caveat related to maximum height. 23. Staff routed this proposal to LAFB three times and no comments were received. The applicant is requesting that the existing facility area be permitted a maximum height of 190’ for the existing smoke stack, cooling towers and any future cooling towers they would like to add. Staff supports varying the condition related to height as it pertains to the existing area, but not for the area designated to have evaporation ponds on the expanded area of the generating station without receiving favorable comments from LAFB. Staff received no comments or concerns from AZGFD or AZSHPO. Recommendations (Two Motions – CPA2022012 & Z2022183): 24. For the reasons outlined in this report, Staff recommends the Commission adopt a motion that the Board of Supervisors Approve CPA2022012. 25. For the reasons outlined in this report, Staff recommends the Commission adopt a motion that the Board of Supervisors Approve Z2022183, subject to conditions ‘a’ – ‘t’. CPA2022012 & Z2022183 Page 11 of 13 a. Development of the site shall be in substantial conformance with the Site Plan entitled “Harquahala Generating Station”, consisting of 17 pages, dated March 24, 2023, and stamped received March 24, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “New Harquahala Generating Company, LLC”, consisting of 6 pages, dated March 10, 2023, and stamped received March 10, 2023, except as modified by the following conditions. c. The following IND-2 IUPD Zoning District standards shall apply: 1. Max. Height: 190’ for existing area of site, 50’ for expansion area including evaporation ponds 2. Parking Spaces Required: 37 spaces including 2 ADA spaces 3. Loading and Unloading Spaces: No loading and unloading spaces required 4. Landscaping: No landscaping setback required 5. Screening: Min. 6’ chain-link fencing along the perimeter of the site, existing fencing associated with the existing site may remain in the existing location 6. Sight Visibility Triangles (SVT): SVT’s waived at project site entry/exit points, section line and midsection line intersecting alignments 7. Article 902.9.1: Evaporation ponds and utility uses associated with the generating station permitted outdoors 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. 4. The entire area covered by any new development associated with the Plan of Development and its adjacent half-streets’ runoff shall be retained onsite. If portions of adjacent right-of-way are controlled by other jurisdictions, the adjacent half-streets’ runoff shall be retained unless separately addressed by the other jurisdictions. 5. Sufficient retention volume shall be provided onsite to retain the required 100-year, 2- hour runoff from all contributing areas from any new development associated with the Plan of Development. Retention basins with stormwater depths exceeding one foot shall provide one foot of freeboard. 6. All retention basins shall drain within 36 hours per County requirements. CPA2022012 & Z2022183 Page 12 of 13 e. The IUPD overlay is applied to restrict the use of the site. IND-2 IUPD shall limit the use of the site exclusively to an electric generating facility including ancillary offices, ancillary uses and existing agricultural uses. f. Existing encroachments within the new right-of-way may remain until notified by the Maricopa County Department of Transportation Director. If/when a relocation is required due to a public improvement project; it shall be done so in a timely manner at the owner/developer’s expense. g. Prior to drainage clearance approval, a time limit for any temporary construction lay down areas shall be stated on the Grading and Drainage Plan. h. Interior driveways and parking spaces (both permanent and temporary) shall be surfaced with a form of dust-proofing deemed acceptable by Maricopa County Air Quality Control at the time of zoning clearance. i. Any reporting requirements associated with the Facility shall require reporting data from the original development of the Harquahala Generating Project to present. The conditions of Z2022183 supersede or otherwise retain or modify the prior conditions of approval from prior cases including CPA1999002, Z2000049, Z2001004, Z2001044, Z2002019, Z2002131, Z2003101, Z2006043, Z2009088 and Z2022078. j. Harquahala Generating Facility shall use CAP water as its primary source of water subject to annual availability. k. Harquahala Generating Facility may withdraw groundwater from the Harquahala Irrigation Non-Expansion Area for electrical generation and related uses in an amount not to exceed 62,500 acre feet per ten year period as determined by using a ten-year rolling average commencing upon the date the Harquahala Generating Project originally began withdrawing groundwater in connection with the Project in 2003. Groundwater withdrawal in excess of 62,500 acre feet per 10 years shall require a revised application processed as either a major amendment or modification of conditions and be subject to public hearing and Board of Supervisors approval. l. Harquahala Generating Facility shall site and operate its wells in a manner to prevent “unreasonably increasing damage” as determined by the Arizona Department of Water Resources consistent with A.A.C. R12-15-830, to any well of record with ADWR as of the original date of Board of Supervisors approval of Z2000049. m. The applicant shall submit a written report outlining the status of the development five years from the date of Board of Supervisors approval. The status report shall be reviewed by Staff to determine compliance with conditions of approval and whether the report needs to be reviewed by the Planning and Zoning Commission. The status report shall contain groundwater monitoring reports with annual withdrawals as well as all other annual water use itemized by type and quantity. In addition, a copy of the applicant’s annual CAP allotment shall be submitted. No further status reports will be required if the five year status report is approved by Staff. CPA2022012 & Z2022183 Page 13 of 13 n. All outdoor lighting shall be designed as recommended by the International Dark-Sky Association and shall be in compliance with Section 1112 of the Maricopa County Zoning Ordinance. o. The owner/developer shall provide to MCDOT an acceptable form of assurance to guarantee repairs and/or reconstruction of the damaged roads during construction and at time of completion. p. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and 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. q. Amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. r. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance, and may be grounds for further action, including zoning revocation, by the Maricopa County Board of Supervisors. s. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. t. The granting of this Zone Change has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the land use existing on the date of the application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due to such revocation. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and changing to the prior land use designation results in the same value of the property as if the Zone Change had never been granted. Presented by: Adam Cannon, AICP, Senior Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (2 pages) Land Use Exhibit (1 page) CPA2022012 Narrative Report (10 pages) Z2022183 Narrative Report (6 pages) Site Plan (17 pages) Engineering Comments (1 page) MCESD Comments (2 pages) AZSHPO Comments (4 pages) Information Request (1 page) / Maricopa County Planning & Development - Phoenix, AZ 5 Gross Acres: 379 approx. Generated March 27, 2023 11:32 AM CPA2022012 Application Name: Legal Description Harquahala Generating Facility Applicant Case Address , T2N R08W 31 ED BULL for BURCH & CRACCHIOLO PA 2530 N 491ST Ave Applicant Phone/Email Parcel Primary:506-30-017F 602.234.9913 TONOPAH AZ 85354 Map scale 1:12,881 Supervisor District No. HARQUAHALA GENERATING FACILITY - ADD EVAPORATION PONDS 5.3585 in / Maricopa County Planning & Development - Phoenix, AZ 5 Gross Acres: 379 approx. Generated March 27, 2023 11:34 AM Z2022183 Application Name: Legal Description Harquahala Generating Facility Applicant Case Address , T2N R08W 31 ED BULL for BURCH & CRACCHIOLO PA 2530 N 491ST Ave Applicant Phone/Email Parcel Primary:506-30-017F .. TONOPAH AZ 85354 Map scale 1:12,882 Supervisor District No. HARQUAHALA GENERATING PLANT - ADD EVAPORATION PONDS 5.3585 in THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD THOMAS RD 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE 491ST AVE COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD COURTHOUSE RD VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST VAN BUREN ST INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD INDIAN SCHOOL RD 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 483RD AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE 499ST AVE This plan is conceptual and subject to change through the planning and development process. 1" = 1,000 MAR 2023 2436 MARICOPA COUNTY, ARIZONA HARQUAHALA GENERATING STATION - SITE EXPANSION EXISTING & PROPOSED LAND USE EXHIBIT case no.: CPA2022012 NEW HARQUAHALA GENERATING COMPANY, LLC Zone Change with Overlay from RU-43 and RU-43 SUP to IND-2 IUPD Narrative Harquahala Power Generating Station Approximately 361.31net acres located Southwest corner of 491st Avenue and Thomas Road Harquahala Valley within Maricopa County, Arizona 1st Submittal: October 4, 2022 2nd Submittal: January 5, 2023 3rd Submittal: February 28, 2023 4th Submittal: March 10, 2023 Rezone Case No. Z2022183 Prepared by: Ed Bull and Ali Bull Burch & Cracchiolo, P.A. 1850 North Central, Suite 1700 Phoenix, Arizona 85004 602-234-9913 A. Purpose of Request This request is for a zone change with overlay from RU-43 and RU-43 SUP to IND-2 IUPD of approximately 361.31 net acres located at the southwest corner 491st Avenue and Thomas Rd (“Site”). This rezoning will facilitate the improvement of New Harquahala Generating Company, LLC’s (“New Harquahala”) Harquahala Power Generating Station. New Harquahala intends to add a spare Generator Step Up (“GSU”) transformer, auxiliary transformer, and new evaporation ponds to the Site. The transformers were previously approved several months ago through a Minor Amendment. Moreover, the requested rezoning is consistent with modern-era entitlements for other generating facilities in the general area. B. Description of Proposal The existing Harquahala Power Generating Station located at the northeast corner of the Site will remain on the Site and continue operating. There are no proposed plans to alter the existing plant facility. On the contrary, all proposed changes will occur west and south of the existing plant facility and are simply meant to support and augment that facility. The proposed GSU transformer and Auxiliary transformer will be placed on a new concrete slab which will be surrounded by approximately 4’ tall concrete walls. The proposed slab will be approximately 84’ x 39’ and located in the southeast section of the Site. The additional transformers will ensure the Generating Station works efficiently by reducing delays arising from failures of the existing transformers. It typically takes approximately one year from the time of manufacturing to delivery to acquire new transformers; having spare transformers already on site will drastically reduce the delays and ensure the Generator Station resumes full operating power and efficiency in the event a transformer malfunctions and operations are delayed/stopped until the transformer can be replaced. The proposed evaporation ponds will provide additional wastewater storage volume and evaporative area to provide safe, reliable, and efficient operating flexibility. The proposed ponds will be located south and west of the existing facility. The soil stockpile from the pond construction will be located adjacent to the new ponds within a chain link fence until such time the ponds are closed at the end of the facility’s cycle. The soil stockpiles will not be located within the FEMA Floodplain boundary. The proposed development will not alter the hours of operation, number of employees, parking, access, or signage. The Generating Station is manned and operational 24 hours a day, 365 days a year and currently employs approximately 35 people, but there are only 21 employees on site at a time during a typical weekday. New Harquahala does not anticipate increasing that number as a result of the proposed development. Because the number of employees on site is not anticipated to increase, there is no need to increase parking. The existing facility has 37 marked parking spaces, which is more than sufficient for the current employees. The proposed development will not require any new access points – all access will be through the existing facility. Therefore, no additional signage is needed. C. Relationship to Surrounding Properties The Site is surrounded to the north, south, east, and west by vacant and/or agricultural land. Those properties are zoned for rural uses; specifically Rural-43. The rural zoning districts are compatible with the proposed Industrial zoning on this Site because such districts are intended to preserve farms and open land uses. While there are no developed residences in close proximity to the Site, any future residential development would be low density (1 dwelling unit per acre) and unaffected by Harquahala’s proposed expansion. Any affects to any properties in the area will be positive because the proposed rezoning will ensure the existing facility has the mechanical support it needs to run smoothly and maintain its current power generating capabilities. Moreover, many of the nearby properties have changed their Comprehensive Plan Land Use designations to “Utilities” and have been identified for solar power uses. The proposed zoning change is appropriate and consistent with the changes that have occurred in the area. D. Location and Accessibility The Site is located at the southwest corner of 491st Avenue and Thomas Road. Employees will have the same travel routes available as they currently have because the Site is simply an augmentation of the existing Generating Station site. For example, the Generating Station is located close to the I-10 freeway and employees will still have the option of traveling to the Site via the I-10 via Indian School Road to the east or Salome Road to the west. Nearby local streets include 491st Avenue and Courthouse Road. The Site’s access is not changing. The Generating Station will still be accessed off 491st Avenue. The proposed development areas will be accessed via internal circulation routes. E. Circulation System The onsite circulation has been carefully designed to provide a safe and convenient environment for drivers and pedestrians moving throughout the Site. The existing vehicular drives will remain and additional access roads will be added in the vicinity of the new evaporation ponds. F. Development Schedule The evaporation ponds located south of the existing Generating Station facility will be constructed in Phase 1. Phase 1 is anticipated to take approximately 12 months to complete and is anticipated to be complete by the end of 2024’s second quarter. Additional evaporation ponds located to the west of the existing facility will be constructed at a later date based upon need. G. Community Facilities and Services There are no adjacent or nearby community parks or amenities. Hiking and other recreational activities are available at Saddle Mountain, the Eagletail Mountains Wilderness, and other areas. The Site is located within the Arlington Elementary School District #47, Buckeye Union High School District #1, and Western Maricopa Education Center (West-MEC) public school district. The Site is surrounded by vacant, undeveloped land. The proposed improvement of the Generating Station will not have any negative impacts on any school district, parks or other amenities the area. H. Public Utilities and Services Water – Central Arizona Project and Private Wells Sewer – Septic Police – Maricopa County Sheriff Fire – Harquahala Valley Fire District Gas – El Paso Natural Gas Electric – Significantly self-generating; APS when unable to generate our own electricity I. Development Standards Table The IND-2 IUPD Development Standards Comparison Table is provided below: Regulation Base Zoning District Regulations (IND-2) Proposed Zoning Regulations (IND-2 IUPD) Height 40’, except any building or structure closer than 40’ to any rural or residential zone boundary shall not exceed the distance from said building or structure to the zone boundary except that no building need be less than 10’ 190’ Min. Front Yard 25’ 25’ Min. Side Yard 10’ 10’ Min. Rear Yard 25’ 25’ Min. Lot Area 6,000 sq. ft. 6,000 sq. ft. Min. Lot Width 60’ 60’ Max. Lot Coverage 60% 60% Parking Spaces Required 1 per 600 sq. ft. of floor area with 5% required to be ADA 35 paved parking spaces 2 ADA parking spaces Loading & Unloading Spaces Article 1103.2 One loading and unloading space for each 10,000 sq. ft. of floor area, or fraction thereof, devoted to such use in the building 0 loading & unloading spaces Landscaping Article 901.4.1: All properties abutting a public street shall have an open setback area which shall be landscaped extending for the full width of the property No landscape setback required Screening A solid masonry wall not less than six feet in height shall be required along and adjacent to any side or rear property line abutting any rural or residential zone boundary, or any alley abutting such zone boundary. Further, any access gates shall be constructed of view-obscuring material to provide effective site screening Chain-link fencing and gates shall be allowed on the perimeter of the project. Sight Visibility Triangles Required No SVT’s at project site entry/exit points, section line, and midsection line intersecting alignments Article 902.9.1 All uses except for parking, loading, unloading or storage shall be conducted within a completely enclosed building Evaporation ponds shall not be located inside enclosed buildings Development Standards Justification for Deviation IND-2 Zoning District Height: This is an existing Generating Station with existing buildings and structures. As such, their maximum heights have already been previously approved, constructed, and utilized and New Harquahala needs to retain the existing setup. Parking: Based on the occupiable building space for employees (12,268 SF)1 the Generating Station is only required to have approximately 20 parking spaces plus 1 ADA space – the Generating Station has far more. The existing Generating Station has 35 marked parking spaces and 2 marked ADA spaces, which is adequate for its use. Because the number of employees and individuals going to the Site is not increasing, there is no need for additional parking. Moreover, 1 The employees regularly occupy one administrative/office building located near the entrance of the Site. the parking area is not included in the proposed development area, therefore, reconfiguring the existing area to add parking spaces would be unnecessarily expensive, and disruptive. Loading Spaces: The existing Generating Station has approximately 30 unpaved loading areas located throughout the Site. These loading areas are sufficient for New Harquahala’s existing use. Because the use and needs are not changing, there is no need to require loading spaces. Moreover, as discussed above, the parking area is not included in the proposed development area, therefore, reconfiguring the existing area to add loading spaces would be excessively expensive and disruptive. Landscape Setback: The industrial nature of the Site and area does not require the same screening and buffering created by landscape setbacks that are required by residential or commercial areas. That being said, there will be open areas between the public streets and the Generating Station’s buildings. The area along Courthouse Road will be especially open because the proposed development does not extend that far south and the areas adjacent to the street will remain cultivated fields. Similarly, the areas adjacent to 499th Avenue to the west will be set aside for the future evaporation ponds and existing cultivated fields. Other than the area consisting of the existing Generation Station, the areas adjacent to 491st Avenue to the east will be used for the Phase I evaporation ponds and existing cultivated fields. Accordingly, the majority of the areas adjacent to public streets will have significant open areas that will sufficiently buffer the existing Generating Station from the public street. Screening: Chain link fencing is appropriate for this Site and the industrial nature of the area. Furthermore, the proposed development will retain a rural character because it will be mostly open space without buildings or other large structures. Accordingly, the development will not require the level of screening provided by a masonry wall as if a number of large buildings were being constructed. Article 902.9.1: By the very nature of evaporation ponds, the use must be outdoor and cannot be enclosed in a building. J. Conclusion This proposed rezoning to IND-2 with an IUPD Overlay establishes uses and other criteria that are appropriate for the Site and are compatible with the surrounding area. NEW HARQUAHALA GENERATING COMPANY, LLC FOR A COMPREHENSIVE PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION IN THE VISION 2030 MARICOPA COUNTY COMPREHENSIVE PLAN FROM RURAL DEVELOPMENT AREA AND INDUSTRIAL TO UTILITIES Harquahala Power Generating Station Narrative Approximately 361.31 net acres located Southwest corner of 491st Avenue and Thomas Road Harquahala Valley within Maricopa County, Arizona 1st Submittal: October 4, 2022 2nd Submittal: January 5, 2023 3rd Submittal: February 28, 2023 4th Submittal: March 10, 2023 Case No. CPA2022012 Prepared by: Ed Bull and Ali Bull Burch & Cracchiolo, P.A. 1850 North Central, Suite 1700 Phoenix, Arizona 85004 602-234-9913 A. Executive Summary This request includes approximately 361.31 net acres of New Harquahala Generating Company, LLC’s (“New Harquahala”) property located at the southwest corner of 491st Avenue and Thomas Road (“Site”). The Site is currently designated “Industrial” and “Rural Development Area.” New Harquahala requests to amend the designation to “Utilities” to facilitate the improvement of the Harquahala Power Generating Station (“Generating Station”). Specifically, New Harquahala is planning to add a spare Generator Step Up (“GSU”) transformer, Auxiliary transformer, and new evaporation ponds that will provide additional wastewater storage volume and evaporative area to provide safe, reliable, and efficient operating flexibility to generate electricity. The additional transformers were previously approved several months ago through a Minor Amendment. The requested amendment is appropriate for the Site and area. Most of the nearby properties are vacant and undeveloped and/or identified for solar uses. The proposed augmentation and amendment will not negatively impact any of the surrounding properties. On the contrary, the Generating Station’s entire service area will benefit. The proposed augmentation will ensure efficient power generation by reducing delays resulting from transformer failures. Because it can take approximately one year to acquire additional transformers, the ability to house spare transformers on site will reduce delays resulting from transformer failures and ensure the Generating Station returns to full operational force quickly and efficiently. i. On-Site and Regional Location The proposed development Site is located approximately 30 miles west of the city of Buckeye in an unincorporated area of Maricopa County. The Site is situated northeast of Eagle Tail Mountains and Northwest of Saddle Mountain less than 3 miles south of Interstate 10. The Site is bound on three sides by rights-of-way – 491st Avenue to the east, Thomas Road to the north, and 499th Avenue to the west. The proposed CPA includes approximately 361.31 acres comprised of APN 506-30-017F and a portion of APN 506-30-017E. The northeast portion of the Site is currently used for the existing generating facility while the remainder of the Site is currently vacant and undeveloped. ii. CPA Size and Description of Land Use Types by Acreages The CPA request incorporates a portion of two parcels totaling 361.31acres. The current zoning is RU-43 and RU-43 SUP. The current zoning permits the existing generating facility and rural uses or low density residential uses (1 dwelling unit per acre). However, New Harquahala has submitted an application to rezone this Site to IND-2 IUPD. iii. Roads/Transportation Systems Serving the Proposed Project The Site is served by Interstate 10 and a network of streets. Access to the Site is off 491st Avenue, which is accessed by Courthouse Road, south of the Site. There will be no need for road improvements or enhancements because the current access will not change as a result of the requested CPA. The proposed development will be accessed through the existing facility. Moreover, traffic will not increase because the number of employees will not increase. iv. Suitability with Surrounding Land Uses The CPA request is suitable with the Site’s nearby land uses. The Site is surrounded to the north, south, east, and west by vacant or agricultural land. The existing Generating Station is already developed with no negative impacts on the surrounding land uses. The requested CPA will not have a negative impact on the surrounding area, either. Amending the Site’s designation to “Utilities” is appropriate given the existing use and the proposed development’s purpose of augmenting and supporting the Generating Station. The “Utilities” designation is consistent with many of the properties in the area. As shown below, many of the nearby properties are now designated “Utilities.” Similar to this Site, many of the properties have also been identified for power generating uses, specifically solar uses. B. Whether the Amendment Constitutes an Overall Improvement to Comprehensive Plan and Is Not Solely for the Good or Benefit of a Particular Landowner or Owners at a Particular Point in Time The proposed amendment will be an overall improvement to the Comprehensive Plan. The current designation of Rural Development Area restricts the development of the Site. This restriction will rob the County of the benefits associated with developing the Site with the proposed improvement. Moreover, given the Generating Station already exists, this proposed amendment will greatly match the existing development. Furthermore, the “Utilities” designation is consistent with modern-era entitlements and other generating facilities in the general area. The region and local areas benefit from the Generating Station in the form of jobs, electricity, revenue, etc. The Generating Station currently employs approximately 35 individuals who work in various capacities to ensure the region’s electricity needs are met. the Generating Station has a nominal capacity to generate electricity up to 1,092 megawatt/hour, which is added to the region’s grid and utilized by local residents and businesses. The requested CPA will facilitate New Harquahala’s proposed development intended to augment and improve the existing Generating Station to ensure efficient and uninterrupted generation of power is possible on the Site. C. The Amendment Will Not Adversely Impact All or a Portion of Planning Area By: i. Altering Acceptable Land Use Patterns to the Detriment of the Plan The nearby area is largely vacant and undeveloped. Existing nearby uses are mostly agricultural and/or identified for solar uses and any possible future residential will be low density (1 dwelling unit per acre). Therefore, the proposed amendment will have no negative impacts on any of the nearby properties. The requested CPA will not alter acceptable land use patterns to the detriment of the Plan. The proposed amendment is consistent with existing approved “Utilities” designations in the area, as well as the existing use on the Site. As discussed above, many of the nearby properties are already designated “Utilities” and identified for solar power uses. ii. Requiring Public Expenditures for Larger and More Expensive Infrastructure The requested amendment will not require any public expenditures for larger and more expensive infrastructure because there will be no infrastructure needs associated with this CPA and proposed development. The Generating Station and the streets needed to access it and other infrastructure already exist. In the event infrastructure improvements are needed, all costs of public improvements to roads, sewer or water systems that are needed to support the site shall be borne by the developer. iii. Requiring Public Improvements to Roads, Sewer, or Water Systems that Are Needed to Support the Planned Land Uses The proposed CPA will not require any public improvements to roads, sewer, or water systems to support the planned land uses. The Generating Station and required infrastructure already exist and will not require improvements as a result of the proposed development meant to merely augment the Generating Station. In the event improvements are needed, New Harquahala will pay its fair and reasonable share of the costs. iv. Adversely Impacting Planned Uses Because of Increased Traffic The requested CPA will not adversely impact the area because of increased traffic. The land use of “Utilities” is unlikely to create additional traffic except during the construction period. There will not be a noticeable increase in traffic related to individuals traveling to the Site. v. Affecting the Livability of the Area or Health or Safety of Present and Future Residents The proposed CPA will not adversely affect the livability of the area or health or safety of present and future residents. As discussed above, the nearby properties are largely agricultural, undeveloped, and/or identified for solar power uses. The land use of “Utilities” will not cause undue social, visual, traffic, air quality, water quality, or other impacts which may have a negative effect on the livability, health, or safety of the area. vi. Adversely Impacting the Natural Environment or Scenic Quality of the Area in Contradiction to the Plan The requested CPA will not have an adverse impact on the natural environment or scenic quality of the area. The initial application for the original Certificate of Environmental Compatibility (CEC) issued April 19, 2000 and amended November 2000 and February 2003 (Decision Nos: 62655, 62996, and 65654), addressed the US Fish and Wildlife Service (USFWS), Arizona Game and Fish Department (AZGFD) (Section 7 Biological Opinion), and Arizona State Historic Preservation Act (SHPO) (Section 106 Review). A survey that complies with both USFWS and AZGFD will be conducted prior to construction resulting in a Biological Memorandum. Any findings will be addressed during the construction. SHPO was addressed and approved for the CEC in 2000 of no archaeological sites and verified by Caroline Klebacha/Archaeological Compliance Specialist SHPO in an email dated November 10, 2022. D. Whether the Amendment is Consistent with Overall Intent of the Comprehensive Plan The Vision 2030 Comprehensive Plan looks to balance development and growth with residents’ quality of life. Comprehensive Plan Amendments are approved when such amendments will benefit the County as a whole. It furthers the County’s Mission “to provide regional leadership and fiscally responsible, necessary public services so that residents can enjoy living in a healthy and safe community.” For example, the proposed amendment will help the County achieve balanced and efficient development patterns throughout the County by focusing many of the region’s power generating and other Utilities uses in this area. The amendment will also help protect the public’s health, safety and well-being while also protecting the environment by ensuring the air quality is preserved during construction of the proposed development and preventing the contamination of the local soil and/or groundwater. Furthermore, the proposed amendment and development will be fiscally responsible because there are little to no anticipated costs for infrastructure improvements. The proposed amendment will facilitate the augmentation of the existing Generating Station ensuring safe, reliable, and efficient operating flexibility to generate electricity for the benefit of County residents in accordance with the Plan’s Mission. E. The Extent to Which the Amendment is Consistent with the Specific Goals and Policies Contained Within the Plan The proposed amendment and expansion of the Generating Station is consistent with the goals and policies of the Comprehensive Plan. The following goals and policies are furthered by New Harquahala’s proposal: COMP PLAN ELEMENT (GOALS/POLICIES) CPA CONSISTENCY Land Use Goal #1: Achieve balanced and efficient development patterns New Harquahala’s requested CPA will help the County achieve balanced and efficient development patterns by ensuring appropriate spacing between such Utilities uses and the County’s urban environment. Moreover, the proposed CPA is consistent with the nearby properties that are now designated “Utilities” and identified for solar power uses. Land Use Goal #3: Protect public health, safety and well-being New Harquahala’s proposed development will protect public health, safety and well-being. The developed portion of the existing Generating Station is not changing, therefore there will be no negative impacts from building construction or infrastructure improvements. Furthermore, the proposed evaporation ponds will be constructed with proper lining methods and materials, preventing the contamination of nearby soil and/or groundwater. Moreover, the public well-being will be protected by the continued benefits associated with having access to reliable and safe electricity. Land Use Policy #33: Maricopa County supports using land use buffers and compatible land use strategies near existing and future high voltage electric utility line corridors. New Harquahala’s proposed development is compatible with the nearby electric utility uses. The existing Generating Station is consistent with the surrounding solar power uses; this land use pattern is an efficient strategy for providing appropriate spacing between such electric utility uses and urban areas. Energy Goal #1: Provide leadership to promote environmental quality. New Harquahala’s proposed development will promote environmental quality by preserving the soil and groundwater supply. The proposed evaporation ponds will be constructed with the proper lining methods and materials to prevent contamination of the soil and/or groundwater. Energy Goal #3: Have balanced and efficient development patterns. The requested CPA will encourage the balanced and efficient development of the surrounding area. As demonstrated by the growing number of properties designated “Utilities,” the area is ideal for the energy industry. The proposed development will augment and support the existing Generating Station to ensure the Generating Station is capable of meeting the region’s power needs by preventing operational disruptions caused by mechanical failures. Transportation Goal #1: Promote and protect public health through a safe transportation system. The proposed development will not have a negative impact on the area’s transportation system. With the exception of the construction period, the proposed CPA will not generate additional traffic. Transportation Policy #11: Maricopa County supports National Ambient Air Quality Standards (NAAQS) compliance. The proposed development will maintain compliance with NAAQS throughout both phases of construction and development. Reasonable measures will be taken to control dust and other airborne contaminants associated with construction and development. 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 proposed development will not have a negative impact on the region’s water supply. The proposed evaporation ponds will be constructed with proper lining methods and materials to prevent the contamination of the groundwater and/or soil. The Generating Station is in compliance with the Drinking Water program and Water and Wastewater Treatment program and nothing will change as a result of the proposed evaporation ponds. The Site will not require additional drinking water or wastewater resources. Environment Policy #4: Maricopa County supports innovative project design and development techniques As stated above, the initial application for the original Certificate of Environmental Compatibility (CEC) issued April 19, 2000 and amended November 2000 and February 2003 (Decision Nos: that protect important plant and animal habitat and migration corridors. Environment Policy #5: As directed by the State Historic Preservation Office (SHPO) and Arizona Game and Fish Department, Maricopa County supports cultural resource and biological surveys being completed – and needed mitigation measures established – prior to new development. 62655, 62996, and 65654), addressed the US Fish and Wildlife Service (USFWS), Arizona Game and Fish Department (AZGFD) (Section 7 Biological Opinion), and Arizona State Historic Preservation Act (SHPO) (Section 106 Review). A survey that complies with both USFWS and AZGFD will be conducted prior to construction resulting in a Biological Memorandum. Any findings will be addressed during the construction. SHPO was addressed and approved for the CEC in 2000 of no archaeological sites and verified by Caroline Klebacha/Archaeological Compliance Specialist SHPO in an email dated November 10, 2022. Environment Policy #10: Maricopa County supports enforcement of its Dark Sky Ordinance, and supports regional efforts to limit excessive nighttime light. The Generating Station’s existing lighting supports the Dark Sky Ordinance; additional lighting is not required on that portion of the Site. The evaporation ponds and transformers will not require excessive nighttime light. Economic Growth Goal #1: Contribute to an effective regional economy. The Generating Station contributes to the regional economy by supporting local businesses and residences and providing essential electricity. Economic Growth Policy #5: Maricopa County supports programs that attract a variety of Basic Sector industry clusters that have long-term stable growth prospects. The nearby area is developing with various energy industries, including solar power uses. The requested CPA will support this growth and is consistent with the Site’s current energy industry use and nearby uses. Growth Areas Policy #1: Maricopa County supports consistent implementation of its urban growth area except in the noted instances. The Site is located near other sites designated “Utilities” and identified for power uses. Moreover, the proposed development is a mere augmentation of the existing Generating Station. Consequently, there will be no additional strain on the area’s infrastructure or resources. Given the area’s current development and anticipated power generation uses, this area is most appropriate for such utility uses that will support urban growth located in more appropriate areas. Water Resources Goal #1: Promote and protect public health with a clean water supply. The proposed evaporation ponds will be constructed with the proper lining materials and methods to prevent seepage and contamination of the groundwater and/or soil. Water conservation measures that are employed at the Harquahala facility include low water consumptive desert compatible landscaping, drip irrigation if/as needed to sustain landscaping, reduced water evaporation from the cooling towers by shutting off fans during non-peak hours of the day, modification of chemicals used in the cooling tower basins to reduce make up water requirements, and optimization of the performance of the gas turbine inlet evaporative coolers to reduce water usage. The Harquahala Project was granted the right to withdraw up to 62,500 acre-feet of groundwater over a 10-year rolling average. The Arizona Corporation Commission granted this right on November 3, 2000, and by Maricopa County on August 8, 2000 and has been relied on since it was granted. Assuming a simple average over the 10- year period, the Harquahala Generating Station is allowed to withdraw on an annual basis of 6,250 acre-feet. The maximum annual water usage was 2,901 acre-feet in 2016. As the demand for electricity increases, in part because of the increased population and in part due to other factors such as the phasing-out of coal-fired units at other providers’ facilities, it is anticipated that the Harquahala facility’s operations (and corresponding water withdrawals) will increase to help meet that increased demand. As a result of increased operations, Harquahala anticipates its withdrawal after the first pond is built will be approximately 5,000 acre-feet per year. Moreover, Harquahala agrees it will not require withdrawing more than the permitted 62,500 acre-feet of groundwater over a 10-year rolling average. Cost of Development Goal #2: New development pays its proper and reasonable share of the costs of new infrastructure, services and other public improvements. It is anticipated that the proposed development will not require any public improvements. However, if improvements are needed, New Harquahala will pay its proper and reasonable share of the costs. Open Space Goal #1: Provide regional leadership to promote environmental quality, including the preservation of open, natural park and recreation lands. New Harquahala is not aware of any biological/archaeological resources on the Site. If any such resources are identified before or during construction, reasonable steps will be taken to preserve such resources and the appropriate agencies will be contacted. The proposed development will not disturb any identified natural park or recreation lands; the Site’s development area has already been utilized for agricultural purposes. P: 602.490.0535 / F: 602.368.2436 www.hilgartwilson.com 2141 E. HIGHLAND AVE., STE. 250 PHOENIX, AZ 85016 Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM HARQUAHALA COOLING POND FACILITY Contact Arizona 811 at least two full working days before you begin excavation CALL 811 or click Arizona811.COM Kevin Bischel, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 372-0966 www.maricopa.gov/planning Email address: kevin.bischel@maricopa.gov Planning & Development Engineering Plan Review Date: March 23, 2023 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Adam Cannon, Senior Planner, Planning & Development Services cc: Bob Fedorka, PE, Engineering Supervisor, Planning & Development From: Kevin Bischel, PE, Engineering Plans Examiner, Planning & Development Subject: Z2022183 – Harquahala Evap. Ponds APN(s): 506-30-017F, Portion of 506-30-017E Engineering Review has reviewed the plan and report routed for review on 03/03/2023, for the subject application and has no further comments with the following stipulations: 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 4. The entire area covered by this planning submittal and its adjacent half-streets’ runoff shall be retained onsite. If portions of adjacent right-of-way are controlled by other jurisdictions, the adjacent half-streets’ runoff shall be retained unless separately addressed by the other jurisdictions. 5. Sufficient retention volume shall be provided onsite to retain the required 100-year, 2-hour runoff from all contributing areas covered by this planning submittal. Retention basins with stormwater depths exceeding one foot shall provide one foot of freeboard. 6. All retention basins accepting water from areas covered by this planning submittal shall drain within 36 hours per County requirements. 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 DATE: October 12, 2022 TO : Adam Cannon, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Harquahala Power Generating Station. CPA2022012 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced projects. This request is to add evaporation ponds to 1he facility for the proposed amendment that will be an overall improvement to the Comprehensive Plan. The current designation of Rural Development Area restricts the development of the Site. This restriction will rob the County of the benefits associated with developing the Site with the proposed improvement. Moreover, given that the Generating Station already exists, this proposed amendment will greater match the existing development.at APN # 506-30- 017F and a portion of 506-30-017E. Water service and sewer service will remain the same, MCESD has no concerns. Based on the above, MCESD raised no objection to this project to the Planning & Development Department in Accela Automation on October 12, 2022 and can 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. 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 DATE: October 12, 2022 TO : Adam Cannon, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: Harquahala Power Generating Station. Z2022183 The Maricopa County Environmental Services Department (MCESD) has reviewed revised documents received from the Maricopa County Planning and Development Department for the above referenced projects. This request is to add evaporation ponds to the facility for the zone change that will allow an overall improvement to the Comprehensive Plan. The current designation of Rural Development Area restricts the development of the Site. This restriction will rob the County of the benefits associated with developing the Site with the proposed improvement. Moreover, given that the Generating Station already exists, this proposed amendment will greater match the existing development.at APN # 506-30-017F and a portion of 506-30-017E. Water service and sewer service will remain the same, MCESD has no concerns. Based on the above, MCESD raised no objection to this project to the Planning & Development Department in Accela Automation on October 12, 2022 and can 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. From: Caroline Klebacha To: Adam Cannon (PND) Subject: Re: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change with Overlay for Harquahala Generating Facility Date: Monday, February 6, 2023 6:28:00 PM Hi Adam, Thank you for sending these documents. The project area has been previously surveyed and no cultural resources were identified. We have no concerns. Thank you, Caroline Caroline Klebacha, M.A. Archaeological Compliance Specialist State Historic Preservation Office A Division of Arizona State Parks & Trails Please use azshpo@azstateparks.gov for all consultation! 1110 West Washington Street, Suite 100 Phoenix, AZ 85007-2957 Phone: 602-542-7140 Email: cklebacha@azstateparks.gov Web: http://AZStateParks.com/SHPO On Mon, Jan 9, 2023 at 9:31 AM AZSHPO - AZPARKS <azshpo@azstateparks.gov> wrote: SHPO-2022-1310 (167240) ---------- Forwarded message --------- From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> Date: Fri, Jan 6, 2023 at 5:46 PM Subject: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change with Overlay for Harquahala Generating Facility To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> Good afternoon all, This e-mail serves as notification of a 2nd Submittal we have received from Burch & Cracchiolo, P.A. for a Comprehensive Plan Amendment and Zone Change with Overlay from Rural-43 to IND-2 IUPD for Harquahala Generating Facility. Applicable documents for review are available on the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case under Planning Services by using the CPA case number CPA2022012 and the Zone Change case number Z2022183. Please let me know if you have any questions or concerns. Best regards, Adam Cannon, AICP Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0292 adam.cannon@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here. From: Caroline Klebacha To: Adam Cannon (PND) Subject: Re: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change with Overlay for Harquahala Generating Facility Date: Monday, February 6, 2023 6:28:00 PM Hi Adam, Thank you for sending these documents. The project area has been previously surveyed and no cultural resources were identified. We have no concerns. Thank you, Caroline Caroline Klebacha, M.A. Archaeological Compliance Specialist State Historic Preservation Office A Division of Arizona State Parks & Trails Please use azshpo@azstateparks.gov for all consultation! 1110 West Washington Street, Suite 100 Phoenix, AZ 85007-2957 Phone: 602-542-7140 Email: cklebacha@azstateparks.gov Web: http://AZStateParks.com/SHPO On Mon, Jan 9, 2023 at 9:31 AM AZSHPO - AZPARKS <azshpo@azstateparks.gov> wrote: SHPO-2022-1310 (167240) ---------- Forwarded message --------- From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> Date: Fri, Jan 6, 2023 at 5:46 PM Subject: CPA2022012 & Z2022183 - Comprehensive Plan Amendment & Zone Change with Overlay for Harquahala Generating Facility To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> Good afternoon all, This e-mail serves as notification of a 2nd Submittal we have received from Burch & Cracchiolo, P.A. for a Comprehensive Plan Amendment and Zone Change with Overlay from Rural-43 to IND-2 IUPD for Harquahala Generating Facility. Applicable documents for review are available on the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case under Planning Services by using the CPA case number CPA2022012 and the Zone Change case number Z2022183. Please let me know if you have any questions or concerns. Best regards, Adam Cannon, AICP Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0292 adam.cannon@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here.