Vote — approved

Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Thomas Galvin	abstain
Steve Gallardo	abstain

Ayes: Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo Recused: Thomas Galvin

Item Text

5. SAGUARO BESS Case #: Z2024012 Supervisor District: 4 Applicants & Owners: Jennifer Hall and Ty Utton, Rose Law Group/ Desert Forrest Nursery LLC and FHF LLC Request: Zone Change with Overlay from C-2 CUPD to IND-2 IUPD Site Location: Generally located 1,500’ southeast from the intersection of Olive Ave. and Cotton Ln. in west Glendale area Commission Recommendation: On 3/6/2025, the Commission voted 9-0 (motion by Commissioner Milhaven D2, seconded by Commissioner Toma D4) to adopt a motion recommending the Board of Supervisors approve Z2024012 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Saguaro BESS Project“, consisting of 1 full-size sheet, dated January 31, 2025 and 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 “Saguaro BESS Project”, consisting of 6 pages, dated February 1, 2025, except as modified by the following conditions. c. Prior to issuance of initial building permits, all parcels shall be combined to create a single parcel matching the zoning exhibit of Z2024012. d. The following IND-2 IUPD zoning regulations will apply: 1. Allowed uses: MCZO Sec. 902.2.17 2. Prohibited uses: Adult Oriented facilities, Automobile repair shops and garages, and Drive-thrus for restaurants. 3. Setbacks (minimums) A. Min. setback for BESS units from all lot lines: 100’ B. Min. separation for BESS units from any existing, permitted dwelling units: 500’ 4. Min. Parking: 2 spaces with one ADA accessible space 5. MCZO 902.9.1: The activities and operations associated with the BESS use are not required to be conducted within a completely enclosed building. 6. Standards for Billboards: A. Max. Off-Site Sign Height: Max. 70’ on side directly abutting and oriented to or within 150’ of Loop 303. Max. 45’ on side directly abutting and oriented to Cotton Lane B. Off-Site Sign Separation Distance: Maximum 2 off-site signs oriented to or within 150’ of Loop 303 at minimum 700’ separation distance. C. Off-Site Signs: Maximum of 2 off-site signs permitted on side directly abutting and oriented to Loop 303. A maximum of 1 off-site sign permitted on side directly abutting and oriented to Cotton Lane and setback a minimum of 500’ from the centerline of Olive Avenue. No other off-site signs permitted. D. Off-Site Sign Max Size: 672 square feet E. Min. Rear (East) Yard Setback (billboard only): 0’ F. Min. Setback to RU-43 or R1-6 RUPD: 0’ East and North, 50’ South G. Min. Setback to RU-43 or R1-6 RUPD for illuminated off-site sign: 0’ East and North 50’ South H. Min. 6’ height screening adjacent to rural or residential zoning boundary: Zero screening unless POD submitted for use other than billboard or nursery 7. The IUPD shall limit entitled uses to battery energy storage systems (BESS) and photovoltaic solar power generation and ancillary uses, billboards per condition ‘d.5.3’, and uses permitted in the C-2 CUPD zoning district. e. 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). 3. Engineering review of re-zone case 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. f. 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. g. 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. 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-44-25-088-X-00)

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