Vote — approved

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

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

Item Text

5. RANGER ENERGY CENTER Case #: MCP250005 Supervisor District: 4 Applicant and Owner: Carls Toussaint, Ranger Energy Center LLC / SMT Investors Limited Partnership Request: Military Compatibility Permit (MCP) with a Plan of Development (POD) for a Battery Energy Storage System (BESS) in the Rural-43 MAAMF zoning district Site Location: Generally located at the NEC of Happy Valley Rd. & 199th Ave in the Surprise area Commission Recommendation: On 10/9/25, the Commission voted 7-0 (motion by Vice Chair Milhaven D2, seconded by Chairman Lindblom D1) to adopt a motion recommending the Board of Supervisors approve MCP250005 subject to conditions ‘a’ – ‘g’ with modification to condition ‘d.9.’ as recommended by staff as follows: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Plan of Development for Ranger Energy Center“, consisting of 10 full-size sheets, dated August 8, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Ranger Energy Center LLC”, consisting of 15 pages, dated June 9 2025, except as modified by the following conditions. c. The following engineering conditions: 1. Building permit documents shall include the full geotechnical report for the double ring infiltrometer tests to justify retention basin infiltration calculations and that basin(s) will infiltrate within 36hours. 2. There is a special flood hazard area (SFHA) on parcel but plans do not show encroachment into the floodplain. Any encroachment in a SFHA will require a flood use permit. 3. 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. 4. 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’s drainage infrastructure. 5. Maricopa County does not supply water, fire or sewer services. It is the applicant/owner’s responsibility to coordinate and secure water, fire and sewer services for this site. 6. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final drainage report must be submitted with the application for Building Permits 7. The site plan should show 199th Avenue as preserving the mid-section line per the Zoning Ordinance Section 1105. The perimeter mid-section line alignment of the proposed development requires the setback line to start from a future half street Right-of-Way of 40-feet per the Maricopa County Zoning Ordinance Section 11-05. 8. Happy Valley Road is classified as a future minor arterial requiring fee dedication of a 55-foot half street from the section line. Applicant is required to provide, at applicant’s expense, an American Land Title Association(“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. d. The following Rural-43 MAAMF standards shall apply: 1. Maximum Height: 50’ for substation only, all other structure shall meet the Rural-43 maximum height of 30’. 2. Minimum Front Setback: 25’ 3. Minimum Side Setback: 10’ 4. Minimum Street-Side Setback: 10’ 5. Minimum number of parking spaces: None required for non-habitable structures 6. Minimum Site Screening: 6’ high chain link + 1’ barbed wire security fence 7. Minimum Paving requirements: Dust controlled surfaces per Maricopa County Department of Air Quality. 8. Minimum setback for battery enclosures from parcel boundaries: 100’ 9. Minimum separation for battery enclosures from residential structures: 500 feet. For clarity: (i) POD approval is effective for two years from approval; (ii) new residential construction during that two-year period will not render the project nonconforming; and (iii) once building permits are issued, subsequent residential construction will not render battery unit locations nonconforming. e. All buildings subject to noise attenuation as per ARS § 28-8482(B). f. 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 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 MCP. The MCP Development enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. (C-44-26-043-X-00)

Attachments (3)

Vote — approved

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

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

Item Text

7. RANGER ENERGY CENTER Case #: MCP250005 Supervisor District: 4 Applicant and Owner: Carls Toussaint, Ranger Energy Center LLC / SMT Investors Limited Partnership Request: Military Compatibility Permit (MCP) with a Plan of Development (POD) for a Battery Energy Storage System (BESS) in the Rural-43 MAAMF zoning district Site Location: Generally located at the NEC of Happy Valley Rd. & 199th Ave in the Surprise area Commission Recommendation: On 10/9/25, the Commission voted 7-0 (motion by Vice Chair Milhaven D2, seconded by Chairman Lindblom D1) to adopt a motion recommending the Board of Supervisors approve MCP250005 subject to conditions ‘a’ – ‘g’ with modification to condition ‘d.9.’ as recommended by staff as follows: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Plan of Development for Ranger Energy Center“, consisting of 10 full-size sheets, dated August 8, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Ranger Energy Center LLC”, consisting of 15 pages, dated June 9 2025, except as modified by the following conditions. c. The following engineering conditions: 1. Building permit documents shall include the full geotechnical report for the double ring infiltrometer tests to justify retention basin infiltration calculations and that basin(s) will infiltrate within 36hours. 2. There is a special flood hazard area (SFHA) on parcel but plans do not show encroachment into the floodplain. Any encroachment in a SFHA will require a flood use permit. 3. 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. 4. 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’s drainage infrastructure. 5. Maricopa County does not supply water, fire or sewer services. It is the applicant/owner’s responsibility to coordinate and secure water, fire and sewer services for this site. 6. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final drainage report must be submitted with the application for Building Permits 7. The site plan should show 199th Avenue as preserving the mid-section line per the Zoning Ordinance Section 1105. The perimeter mid-section line alignment of the proposed development requires the setback line to start from a future half street Right-of-Way of 40-feet per the Maricopa County Zoning Ordinance Section 11-05. 8. Happy Valley Road is classified as a future minor arterial requiring fee dedication of a 55-foot half street from the section line. Applicant is required to provide, at applicant’s expense, an American Land Title Association(“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. d. The following Rural-43 MAAMF standards shall apply: 1. Maximum Height: 50’ for substation only, all other structure shall meet the Rural-43 maximum height of 30’. 2. Minimum Front Setback: 25’ 3. Minimum Side Setback: 10’ 4. Minimum Street-Side Setback: 10’ 5. Minimum number of parking spaces: None required for non-habitable structures 6. Minimum Site Screening: 6’ high chain link + 1’ barbed wire security fence 7. Minimum Paving requirements: Dust controlled surfaces per Maricopa County Department of Air Quality. 8. Minimum setback for battery enclosures from parcel boundaries: 100’ 9. Minimum separation for battery enclosures from residential structures: 500 feet. For clarity: (i) POD approval is effective for two years from approval; (ii) new residential construction during that two-year period will not render the project nonconforming; and (iii) once building permits are issued, subsequent residential construction will not render battery unit locations nonconforming. e. All buildings subject to noise attenuation as per ARS § 28-8482(B). f. 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 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 MCP. The MCP Development enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. This item was continued from the November 5th, 2025 meeting. (C-44-26-043-X-00)

Attachments (2)