Vote — approved

Thomas Galvin	abstain
Steve Gallardo	abstain
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes

8.JUSTICE BATTERY ENERGY STORAGE SYSTEM Case #: Z2023028 Supervisor District: 5 Applicant & Owners: Chris Webb, Rose Law Group PC / Adventure Arena LLC & Three Strands Property LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located at the NWC of Tuthill & Broadway Roads in the Buckeye area Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023028 subject to conditions ‘a’ – ‘j’: a. A Pla

Item Text

8. JUSTICE BATTERY ENERGY STORAGE SYSTEM Case #: Z2023028 Supervisor District: 5 Applicant & Owners: Chris Webb, Rose Law Group PC / Adventure Arena LLC & Three Strands Property LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located at the NWC of Tuthill & Broadway Roads in the Buckeye area Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023028 subject to conditions ‘a’ – ‘j’: a. A Plan of Development is approved subject to site plan entitled “Justice Battery Storage Preliminary Site Plan” consisting of 1 full-size sheet, dated 9/15/23, and stamped received 10/2/23. 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. b. Development of the site shall be in substantial conformance with the narrative report entitled “Zone Change with Overlay – Justice Battery Storage”, consisting of 15 pages, dated 8/21/2023, and stamped received 8/31/2023, except as modified by the following conditions. c. Development of the site shall be in substantial conformance with the landscape plan entitled “Justice Battery Storage Preliminary Landscape Plan“, consisting of 3 full-size sheets, dated 9/19/2023, and stamped received 10/2/23, except as modified by the following conditions. d. The following IND-2 IUPD standards shall apply: Additional Regulations (MCZO Section 902.9.1)- The activities and operations associated with the BESS staging area use and activities are not required to be conducted within a completely enclosed building. Parking ( MCZO Section 1102) - Office: 1 space per 750 SF, Industrial: 1 space per 1,200 SF. Perimeter Screening (Side & Rear abutting a rural or residential zoning district) - North: 6’ wrought iron fence South (adjacent to Broadway Road) & West: 6’ wrought iron fence with landscape setback South (not adjacent to Broadway Road) & East: 6’ wrought iron fence with adjacent interior landscaping. Perimeter Screening (not abutting a rural or residential zoning district) - North: 6’ wrought iron fence South (adjacent to Broadway Road) & West: 6’ wrought iron fence with landscape setback South (not adjacent to Broadway Road) & East: 6’ wrought iron fence with adjacent interior landscaping. e. Prior to issuance of initial building permits, 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. f. Prior to issuance of initial building permits, all parcels shall be combined to create a single parcel matching the zone change area. g. The following Planning Engineering conditions shall apply: 1. Driveway access to County roads must be paved and will require a permit from MCDOT issued concurrent with building permit(s) required for site development. 2. Prior to issuance of any building permits for the project, dedication of R/W along 203rd Avenue (Tuthill Road) to provide a half-width of 40’ must be completed. Documentation shall be provided with the building permit. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 3. Prior to issuance of any building permits for the project, dedication of R/W along West Broadway Road to provide a half-width of 65’ must be completed. Documentation shall be provided with the building permit. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 4. Prior to issuance of any building permits applicant needs to coordinate with irrigation district to address crossing over irrigation prior to issuance of building permits. Provide documentation to Maricopa County of irrigation company approval concurrent with building permit(s) required for site development. 5. Applicant to provide spillway design conforming to Maricopa County Drainage Policies and Standards – Hydraulics, Section 9.3.3 at time of building permit. 6. Applicant to provide flow capacity calculations of outlet pipe at time of building permit. 7. 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. 8. 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 drainage infrastructure. 9. Detailed Grading and Drainage Plans and Drainage Report must be submitted with the application for Building Permits. 10. Retention basins must drain within 36 hours. 11. Historic drainage patterns must be maintained. h. 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. i. The property owner/s and their successors waive claim for diminution in value if Maricopa County takes action to rescind approval due to noncompliance with conditions. j. 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. Failure to comply with any condition may be grounds for consideration of reverting the zoning back to the previous Rural-43, in accordance with Maricopa County requirements and procedures. 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-44-24-157-X-00)

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