Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

8.AES WESTWING BATTERY STORAGE Case #: Z2020093 Supervisor District: 4 Applicant / Owner: Manish Kumar, AES Energy Storage LLC / Sunbelt Land Investment Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Parcels 503-53-007 and 503-53-009A, located approx. 600’ east and south (respectively) of the SEC of Happy Valley Road and El Mirage Road, in the Peoria area Commission Recommendation: On 5/13/21, the Commission voted 6-0 to recommend approval of Z2020093 subject to conditions ‘a’ –

Item Text

8. AES WESTWING BATTERY STORAGE Case #: Z2020093 Supervisor District: 4 Applicant / Owner: Manish Kumar, AES Energy Storage LLC / Sunbelt Land Investment Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Parcels 503-53-007 and 503-53-009A, located approx. 600’ east and south (respectively) of the SEC of Happy Valley Road and El Mirage Road, in the Peoria area Commission Recommendation: On 5/13/21, the Commission voted 6-0 to recommend approval of Z2020093 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “AES Westwing Energy Storage”, consisting of 1 full-size sheet, dated January 22, 2021, and stamped received April 6, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “AES Westwing Energy Storage Project”, consisting of 7 pages, dated March 15, 2021, and stamped received March 16, 2021 except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply to both subject parcels 503-53-007 & 503-53-009A, or to the parcel specifically identified: 1. Front Yard Setback: 15 ft. (503-53-007) and 10 ft. (503-53-009A). 2. 14 ft. tall total height perimeter fence (8 ft. solid screen walls with 6 ft. intrusion detection system). 3. Sight Visibility Triangles: 15 ft. both sides of eastern driveway and east side of western driveway, 5 ft. west side of western driveway (503-53-007). 4. Reverse motion of vehicle into ROW allowed. 5. AB gravel surface for internal driveways and parking spaces. d. The following Planning Engineering condition shall apply: 1. Engineering review of re-zone cases is conceptual in nature. 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. e. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. 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 shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, 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. (C-44-21-264-X-00)

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