Vote — approved

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

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Clint Hickman, Steve Gallardo

Item Text

7. AES WESTWING 2 Case #: Z2023119 Supervisor District: 4 Applicant & Owner: Benjamin Graff, Quarles & Brady LLP/ HRL-Peoria, LLC Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD Site Location: Generally located at the SEC of Happy Valley Road and El Mirage Road in the Peoria area Commission Recommendation: On 2/8/24, the Commission voted 7-1 to adopt a motion recommending the Board of Supervisors approve Z2023119 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “AES Westwing IIB BESS Zoning Exhibit”, consisting of two full-size sheets, dated January 16, 2024, and stamped received January 16, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “AES Clean Energy, LLC Project Narrative”, consisting of 12 pages, dated January 16, 2024, and stamped received January 16, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with future entitlement (POD or Preliminary Plat) application(s) or a TIS waiver obtained from MCDOT. 3. 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. d. The following IND-2 IUPD standards shall apply for use of the site as a BESS facility: 1. Minimum setback of 100’ required for battery storage containers. 2. 14’ minimum height for perimeter screening (8’ solid masonry wall with 6’ intrusion detection system). 3. Parking spaces not required. 4. Reverse motion of a vehicle into right-of-way allowed. 5. Stabilized DG surfacing for internal circulation and driveways. e. Administrative approval of a plan of development will be required prior to approval and issuance of construction permits to develop and establish use of the site. 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. f. Noncompliance with any Maricopa County regulation shall be grounds for consideration of initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. g. 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. 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 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-44-24-196-X-00)

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