Vote — approved

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

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

Item Text

12. SIERRA LUNA BESS FACILITY Case #: Z250007 Supervisor District: 5 Applicant and Owner: Christy Eichorn, Plus Power/ Marwest Enterprises LLC Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD Site Location: Generally located 750’ northeast of Avondale Blvd. and Broadway Rd. in the Avondale area Commission Recommendation: On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1, seconded by Commissioner Whitney D3) to adopt a motion recommending the Board of Supervisors approve Z250007 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Sierra Luna Energy Storage Project“, consisting of 2 full-size sheets, dated July 15, 2025, except as modified by the following conditions and as modified by the Plan of Development. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Sierra Luna Energy Storage Narrative Report”, consisting of 60 pages, dated May 9, 2025, 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). Due to the preliminary nature of this zone change request MCDOT traffic did not comment on the zone change review and will make comments once more details are provided in the future entitlements. 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: 1. Minimum Front Yard: 20’ (100’ for battery enclosures) 2. Minimum Side Yard: 5’ (100’ for battery enclosures) 3. Minimum Street-side Yard: 10’ (100’ for battery enclosures) 4. Minimum Rear Yard: 25’ (100’ for battery enclosures) 5. Parking Spaces: Min. 3 spaces plus one ADA stall 6. Screening: Min. 8’ masonry wall 7. Additional Regulations: Battery Energy Storage System components may be located outside of enclosed buildings 8. Paving: Gravel surface with compacted subgrade of native soil e. The IND-2 zoning is subject to an Industrial Unit Planned Development (IUPD) Overlay that limits the entitled use to battery energy storage facilities and ancillary uses, or other uses determined by both the Planning & Development Department and the Environmental Services Department as appropriate and that can accommodate wastewater disposal via on-site septic systems or a third-party wastewater management provider. . The IUPD may be deleted or amended to entitle additional uses via Modification of Condition application to the Planning & Development Department but will require legislative approval by the Board of Supervisors after recommendation of the Planning & Zoning Commission. f. Administrative approval of a POD 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. g. The following Plan of Development conditions per the City of Avondale development agreement shall apply: 1. Developer shall coordinate with the City of Avondale Fire and Medical Department and Rural Metro to provide onsite training at Developer’s expense. 2. Developer shall provide two (2) access driveways to the Property from South 113th Avenue. 3. Battery unit spacing shall comply with NFPA 855 and OSHA 1926. 4. Developer shall install two (2) 24,000-gallon water tanks on site, with access connections located outside the perimeter wall. 5. Developer shall retain a third-party service provider to refill water tanks as needed to support emergency response. h. Noncompliance with any of the conditions assigned to the approval of this Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. i. 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. 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. In the event of the failure to comply with any condition, the property may be considered for revocation 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-44-26-017-X-00)