Z2020093 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: June 9, 2021
Case #/Title: Z2020093 – AES Westwing Battery Storage
Supervisor District: 4
Applicant/Owner: Manish Kumar, AES Energy Storage LLC / Sunbelt Land
Investment
Request: Zone Change from Rural-43 to IND-2 IUPD
Site Location: Parcels 503-53-007 and 503-53-009A, located approx. 600’
east and south (respectively) of the SEC of Happy Valley
Road and El Mirage Road, in the Peoria area
Site Size: Approximately 20 acres (two 10-acre parcels)
County Island Status: Yes (Peoria & Surprise)
Additional
Comments: There are no outstanding concerns from reviewing agencies.
To date, Staff received 2 opposition comments from 2 parties
expressing general concerns regarding the request including
impacts to nearby residential properties, danger to the public
posed by the nature of the proposed use and fears that other
industrial uses may be established as a result of the proposed
zone change. Commissioner Schlosser expressed concerns
related to fire protection services and requested the
Applicant provide documentation from the Arizona Fire and
Medical Authority, Peoria Fire District and any/all other fire
protection service providers who could be called upon to
respond to an emergence at the subject facility.
Commission
Recommendation: On 5/13/21, the Commission voted 6-0 to recommend
approval of Z2020093 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “AES Westwing Energy Storage”, consisting of 1 full-size sheet, dated
January 22, 2021, and stamped received April 6, 2021, except as modified by the
following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “AES Westwing Energy Storage Project”, consisting of 7 pages,
June 9, 2021
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dated March 15, 2021, and stamped received March 16, 2021 except as modified
by the following conditions.
c. The following IND-2 IUPD standards shall apply to both subject parcels 503-53-007
& 503-53-009A, or to the parcel specifically identified:
1. Front Yard Setback: 15 ft. (503-53-007) and 10 ft. (503-53-009A).
2. 14 ft. tall total height perimeter fence (8 ft. solid screen walls with 6 ft.
intrusion detection system).
3. Sight Visibility Triangles: 15 ft. both sides of eastern driveway and east side
of western driveway, 5 ft. west side of western driveway (503-53-007).
4. Reverse motion of vehicle into ROW allowed.
5. AB gravel surface for internal driveways and parking spaces.
d. The following Planning Engineering condition shall apply:
1. 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.
e. 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.
f. 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.
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 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.
Presented by: Sean Watkins, Planner
Reviewed by: Darren V. Gérard, AICP, Planning Services Manager
Attachment: 5/13/21 P&Z Packet (25 pages)
Note: 5/13/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
June 9, 2021
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2020093 – AES Westwing Battery Storage
Hearing Date: May 13, 2021
Supervisor District: 4
Applicant: Manish Kumar, AES Energy Storage LLC
Owner: Sunbelt Land Investment
Request: Zone Change from Rural-43 to IND-2 IUPD
Site Location: Parcels 503-53-007 and 503-53-009A, located approx. 600’ east and
south (respectively) of the SEC of Happy Valley Road and El Mirage
Road, in the Peoria area
Site Size: 20 acres (two 10-acre parcels)
Density: N/A
County Island: Yes (Peoria & Surprise)
County Plan: White Tank / Grand Avenue – Mixed Use Employment
Municipal Plan: Peoria General Plan 2040 – Employment Business Commerce
Municipal Comments: None received to date
Support/Opposition: 2 opposition comments from 2 parties (Alice and Daniel Rooney)
Recommendation: Approve with conditions
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Project Summary:
1. The Applicant, Manish Kumar, AES Energy Storage LLC, requests a zone change with
overlay from Rural-43 to IND-2 IUPD for 2 adjacent, approximately 10-acre parcels. The
subject parcels are 503-53-007 and 503-53-009A, both currently zoned Rural-43 and
owned by Sunbelt Land Investment. 503-53-007 lies approximately 600 ft. east of the SEC
of the intersection of Happy Valley Road and El Mirage Road and 503-53-009A lies
approximately 600 ft. south of the same intersection, both in the Peoria area. Plan of
Development (POD) Z2020094, for parcel 503-53-007, is under review concurrent with this
zone change with overlay request. Approval of a POD is required for each parcel prior
to future building permit approval (MCZO Art. 902.9.6) and the PODs cannot be
approved prior to approval of this zone change with overlay request.
2. The request is for a new utility-scale, battery energy storage system (BESS) facility
(project). Once complete, with build-out of both subject parcels, the project will store up
to approximately 200 megawatts of electricity when there is surplus energy available on
the grid and it will discharge electricity back into the grid at times of high demand.
AES Energy Storage LLC (AES) will provide this service through a Power Purchase
Agreement (PPA) with Arizona Public Service (APS). The project will be owned and
operated by AES and Sunbelt Land Investment will maintain ownership of the subject
parcels. The project is anticipated to have a useful life of up to 25 years and upon
completion of operations, most of the project’s electrical equipment (batteries, breakers,
transformers, and inverters) will be removed and recycled and equipment foundations
and pads will be demolished and removed.
3. The 100 megawatt BESS currently proposed under POD Z2020094 (for parcel 503-53-007)
is similar to the 100 megawatt BESS planned for parcel 503-53-009A: The BESS on
503-53-007 will consist of 37 battery storage “cores” with each energy storage core
consisting of 3 bi-directional inverters, transformer, and 24 battery “cubes.” Each “cube”
is an approximately 7 ft. x 8 ft. x 9 ft. tall building containing batteries, fire detection and
suppression systems, controls, and cooling chiller units. Balance of Plant (BOP) equipment
will also include 2 medium-voltage (MV) transformers and pad, 2 low voltage
switchboards, 1 approximately 8 ft. x 40 ft. (320 sq. ft.) storage enclosure, a control
enclosure with ADA-accessible bathroom, and a 34.5-kilovolt (kV)/230kV substation with
a transformer, associated switches, circuit breakers, and structures. The facility will also
include perimeter screening/security walls, a stormwater retention basin system and fire
access road. In addition, APS will rebuild an existing transmission line with new transmission
poles and associated electricity transmission facilities connecting the project to the
existing APS Westwing Substation, located south of parcel 503-53-009A. It should be noted
that the transmission line interconnection is subject to approval by the Arizona
Corporation Commission (ACC) and will be managed by APS through the Line Siting
process, which requires the preparation of an application to support issuance of a
Certificate of Environmental Compatibility (CEC) resulting in ACC approval. Structures
subject to ACC review and approval are exempt from County review.
4. The subject parcels are flat, with existing, apparent utility transmission towers and lines. As
shown in the Zoning Exhibit, approximately half of both approximately 10-acre parcels
are encumbered by 330 ft. wide utility easements. Specifically, the eastern,
approximately 4.3 acres of parcel 503-53-007, is occupied by a 330 ft. wide “R/W
easement for ingress egress & utilities” (MCR# 19720822 DKT 9645 pg. 58), and the
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southern, approximately 4.9 acres of parcel 503-53-009A, is occupied by a second,
330 ft. wide “R/W easement” (MCR# 19781025 DKT 13235 pg. 1194). Several other utility
and/or access easements are located within those two 330 ft. wide easements, but the
other easements have no effect on the project beyond those associated with the 330 ft.
wide easements. While both 330 ft. wide easements are described at least partially as
“R/W” and/or “Ingress/Egress,” neither provide public access. Rather, the language of
both easements refers to Right-of-Way (“R/W”) and/or “Ingress/Egress” for utility workers
accessing the property for utility-related construction and maintenance activities.
Therefore, public ingress/egress is not conveyed by the 330 ft. wide easements and they
do not comprise “streets” (per Staff Interpretations: “Private Easements”). Accordingly,
no setbacks from the edge of the easements are required and they do not trigger front
or street side parcel boundary designations.
5. AES is obligated to provide 200 megawatts of energy storage capacity to APS with the
proposed project. Because the capacity of the project is related to the number of
battery cubes it comprises, and each battery cube is a certain minimum size, the
maximum potential capacity of the project is directly related to the area it occupies.
Since approximately one-half of both subject parcels are encumbered by utility
easements, the project must optimize the remaining area available on each parcel in
order to provide the minimum energy storage capacity required by APS.
6. The need to optimize the area available to the project on each parcel results in several
development standard modification requests. The first request is to decrease the front,
25-ft open setback (i.e. landscape strip) requirement (MCZO Art. 902.4.1.b) to 15 ft. on
parcel 503-53-007 and 10 ft. on parcel 503-53-009A. The front of parcel 503-53-007 is at
the north, on Happy Valley Road, and the front of parcel 503-53-009A is at the west, on
a Section-Line associated with the El Mirage Road future alignment. Happy Valley Road
comprises a 65 ft., half-width right-of-way (ROW) and El Mirage Road comprises a 65 ft.
half-width future right-of-way (FROW). The reductions to the required front setbacks are
requested specifically in regard to the 25-ft. landscape strip required between the
ultimate edge of fronting streets and the proposed screening/security walls
(MCZO Art. 902.4.1.b). The proposed buildings will meet or exceed all IND-2 required
setbacks (MCZO Art. 902.4). Furthermore, the nature of the facility requires enhanced
safety and security, to protect the facility from intrusion, as well as effective screening, to
minimize off-site visual impacts. Accordingly, 8 ft. tall solid block (masonry) screen/security
walls will surround both BESSs on all sides to effectively screen both properties and an
additional infrared beam intrusion detection system will be located on top of the 8 ft. tall
screen walls. The intrusion detection system comprises 6 ft. tall, 8-inch diameter pylons
(i.e. poles) attached to the top of the 8 ft. tall solid screen walls at the corners of the walls
and at approximately 200 ft. to 300 ft. intervals. Minimum 6 ft. tall screening is required on
almost all sides of both subject parcels (MCZO Art. 902.9.3) and 8 ft. tall solid screen walls
are allowed by-right (MCZO Art. 1111.5.3.1); however, the additional 6 ft. of pylon height
(14 ft. total height) is the subject of one of the development standard modification
requests. The requested reductions to the required front setbacks result in a development
standard modification request for reductions in the size of the 25 ft. Sight Visibility Triangles
(SVTs) required on both sides of both driveways, and at the ultimate edge of ROW, that
serve parcel 503-53-007 (MCZO Art. 1111.4). The requests are for 15 ft. SVTs on both sides
of the eastern driveway and the east side of the western driveway, and a 5 ft. SVT on the
west side of the western driveway. The need for the reductions in the SVTs is related to
the needed reduction in the required depth of the front yard landscape strip, which is, in
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turn, related to the need to optimize the area available for the project, as discussed
above. The request to reduce the SVTs is further supported by the operating
characteristics of the BESSs, which will generate minimal traffic because it is expected to
be operated remotely with occasional visits by AES-contracted maintenance staff,
typically comprising a four-person crew visiting the BESS approximately twice a month.
The final two development standard modification requests are related to the site entry
driveways and are not called out in the development standard modification chart
provided by the Applicant, but Staff determined the additional requests to be necessary.
One of these requests is to allow driveways that may not provide a turn-around for
vehicles that cannot gain entry at the gates, thus, potentially requiring a reverse motion
into the ROW, where reverse motion into the ROW is not permitted (MCZO Art. 1102.7.3).
The second is to allow crushed gravel (i.e. “AB gravel”) to be used for internal driveways
and parking spaces where pavement is required (MCZO Art. 1102.7.1). Staff finds these
requests necessary and approvable based mainly on the low traffic generation
anticipated with the operation of the BESSs.
7. The following table is included to illustrate and contrast the applicable development
standards of the IND-2 zone, and other provisions of the MCZO, with those proposed for
the requested IND-2 IUPD (Note: changes to base standards are indicated in bold).
Regulation Base Zone Regulations Proposed Zoning District
(IND-2) Regulations (IND-2 IUPD)
Maximum Building Height 40’a 40’a
Front Yard Setback* 25’ b 15' (503-53-007)
10’ (503-53-009A)
Interior Side Yard Setback 5’c 5’c
Street Side Yard Setback 10’c 10’c
Rear Yard Setback 25’d 25’d
Lot Area 6,000 sq. ft. 6,000 sq. ft.
Lot Width** 60’ 60’
Lot Coverage 60% 60%
8' solid masonry wall
Side Property Line: (including 6-inch cap) with
≥ 6' solid masonry wall 6’ intrusion detection
system pylons on top (14 ft.
Site Enclosure / Screening total height) e, f
8' solid masonry wall
Rear Property Line: (including 6-inch cap) with
≥ 6' solid masonry wall 6’ intrusion detection
system pylons on top (14 ft.
total height) e, f
Parking Industrial Storage: Industrial Storage:
1 space/600 sq. ft. 1 space/600 sq. ft.
Office: 1 space/250 sq. ft. Office: 1 space/250 sq. ft.
5% ADA-Accessible 5% ADA-Accessible
Spaces g Spaces g
Driveway Sight Visibility 25’ from edge of driveway 15’ (503-53-007; both sides
Triangles (SVTs) and edge of ultimate of eastern driveway, and
right-of-way h
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east side of western
driveway)
5’ (503-53-007; west side of
western driveway)
Driveway Ingress & Egress From the Lot to the Street From the Lot to the Street
by Forward Motion of a by Forward and Reverse
Vehicle i Motion of a Vehicle
Pavement (Internal Parking Parking Spaces and AB Gravel Surface for
Spaces and Driveways) Driveways Shall be Paved j Internal Parking Spaces
and Driveways
* Open setback limited to landscaping where buildings, structures and fences/walls are prohibited
(MCZO Art. 902.4.1.b)
** Lot width is measured at front yard setback.
a The height of a structure closer than 40 feet to the rural zone boundary shall not exceed the
distance from the structure to the zone boundary, except that no building need be less than 10
feet in height.
b Front yard setback equal to adjoining rural requirement, up to 25 feet (MCZO Art. 902.4.1.b).
c Where side yard is adjacent to rural zoning district.
d Where rear yard abuts a rural zoning district.
e Required along and adjacent to side or rear property line abutting any rural zone boundary.
f View-obscuring wall or fence required adjacent to side commercial zone perimeter.
g 5% of parking spaces shall be handicapped parking spaces (MCZO Arts. 1102.1.4, 1102.1.5, and
footnote 2).
h MCZO Art. 1111.4.
I MCZO Art. 1102.7.3
J MCZO Art. 1102.7.1
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Zoning Map (Subject Parcels Outlined in Red)
2020 Aerial Photograph (Subject Parcels Outlined in Red)
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Excerpt of Proposed Zoning Exhibit
8. It should be noted that since the applicant is proposing a required POD for parcel
503-53-007 (Z2020094), and although the zone change is a legislative approval, the POD
is administratively approved. Therefore, POD approval is contingent upon prior zone
change approval. A separate, future POD will be necessary for parcel 503-53-009A.
Existing On-Site and Adjacent Zoning / Land Use:
9. 503-53-007
On-site: Rural-43 / Utility (Transmission Towers and Lines)
North: Happy Valley Rd., then R-2 RUPD / Single-Family Residential
South: Rural-43 / Utility (Transmission Towers and Lines)
East: C-2 / Vehicle Storage
West: Rural-43 / Cell Tower
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10. 503-53-009A
On-site: Rural-43 / Utility (Transmission Towers and Lines)
North: Rural-43 / Cell Tower
South: Rural-43 / Utility (Substation)
East: Rural-43 / Utility (Transmission Towers and Lines)
West: Rural-43 (State Trust Land) / Utility (Transmission Towers and Lines)
Utilities and Services:
11. Water: EPCOR
Wastewater: EPCOR
School District: Peoria Unified School District #11
Fire: North County Fire & Medical (A.K.A. Arizona Fire & Medical Authority)
Police: MCSO
Right-of-Way:
12. The following tables include existing and proposed half-width right-of-way and the future
classification for both subject parcels based upon the Maricopa County Department of
Transportation (MCDOT) Major Streets and Routes Plan.
503-53-007
Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification
Happy Valley 65 ft 65 ft Urban Principal
Road Arterial
503-53-009A
Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification
El Mirage Rd. 65 ft 65 ft Urban Principal
alignment Arterial
Adopted Plans:
13. White Tank/Grand Avenue Area Plan (Adopted: December 6, 2000): This plan identifies the
subject site as having a Mixed-Use Employment designation. Staff finds the project
consistent with this designation because it is a light industrial use similar in intensity and
function to the existing APS Westwing Substation to the south. Although the finished project
will be operated remotely, with few employees working on site, the purpose of the project
is to enhance the reliability and performance of the electrical grid, which results in tangible
economic and quality of life benefits to the community. Furthermore, the project achieves
these goals while imposing almost no negative externalities to neighboring properties and
nearby, existing residential development.
14. City of Peoria General Plan 2040 (Adopted: December 2020): This plan identifies the subject
site as having an Employment Business Commerce designation. This designation contains
offices, warehousing, incubator space, mini-storage, research and development, and light
industrial uses. Site planning should balance siting of buildings for visibility with appropriate
screening of loading bays, truck access, storage areas and employee parking.
Commercial uses which are complementary or supportive may be appropriate.
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Public Participation Summary:
15. The applicant has complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject site. To date, Staff is aware of 2 opposition comments submitted
by 2 parties (Alice and Daniel Rooney). The opposition letters cite general concerns
regarding the zone change to IND-2 IUPD including impacts to nearby residential
properties, danger to the public posed by the nature of the proposed use and fears that
other industrial uses may be established as a result of the proposed zone change. No
comments from agencies, including the City of Peoria, were submitted.
Outstanding Concerns from Reviewing Agencies:
16. To date, Staff has received no comments from reviewing agencies in opposition to the
proposal.
Staff Analysis:
17. Staff finds the proposed zone change with overlay from Rural-43 to IND-2 IUPD for the
utility-related development anticipated for the subject property (to be addressed by
future PODs), including the requested development standard modifications, to be
appropriate for the area and consistent with surrounding land uses and development
patterns. While the nearest, existing residential uses are located approximately 200 ft.
north of parcel 503-53-007, Staff finds the project is unlikely to produce significant
externalities, such as noise or smoke, or substantial visual impacts because the facility will
be well screened and the appearance of the BESSs are non-obtrusive, being fully
enclosed in “cubes” (i.e. buildings) that are approximately 9 ft. tall. The proposed BESS
facilities will connect to the existing electrical infrastructure located south of the subject
parcels and the nature of the proposed use is pursuant to making the electrical grid more
supportive of renewable energy sources and generally more reliable. The need to
optimize the area available for the proposed use results in the need for the development
standard modification requests for reduced front setbacks, and related reductions in size
of the required SVTs. Additionally, the limited traffic to and from the subject property
make the requests for potential, occasional reverse motion of vehicles into the ROW and
use of AB gravel to surface internal driveways and parking spaces acceptable where
these requests might be unacceptable if more traffic were anticipated. The increased
height of the perimeter screen walls is necessary to provide visual screening of the project
as well as enhanced security, which is vitally important for this project.
18. MCDOT approved a Traffic Impact Study (TIS) waiver for the project with two stipulations
regarding the two driveways proposed on Happy Valley Rd. for parcel 503-53-007 under
POD Z2020094. The first stipulation is to provide an exclusive left-turn bay with at least
100 ft. of storage for vehicles turning left (i.e. west-bound) from the western driveway
proposed on Happy Valley Rd. (with citation of specific MCDOT Roadway Design Manual
median transition design criteria). The second stipulation is for the eastern driveway to be
used exclusively for emergency access limited to right-in/right-out movement only. These
stipulations will be implemented under POD Z2020094.
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Recommendation:
19. For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘g’.
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “AES Westwing Energy Storage”, consisting of 1 full-size sheet, dated
January 22, 2021, and stamped received April 6, 2021, except as modified by the
following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “AES Westwing Energy Storage Project”, consisting of 7 pages,
dated March 15, 2021, and stamped received March 16, 2021 except as modified
by the following conditions.
c. The following IND-2 IUPD standards shall apply to both subject parcels 503-53-007
& 503-53-009A, or to the parcel specifically identified:
1. Front Yard Setback: 15 ft. (503-53-007) and 10 ft. (503-53-009A).
2. 14 ft. tall total height perimeter fence (8 ft. solid screen walls with 6 ft.
intrusion detection system).
3. Sight Visibility Triangles: 15 ft. both sides of eastern driveway and east side
of western driveway, 5 ft. west side of western driveway (503-53-007).
4. Reverse motion of vehicle into ROW allowed.
5. AB gravel surface for internal driveways and parking spaces.
d. The following Planning Engineering condition shall apply:
1. 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.
e. 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.
f. 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.
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 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
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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.
Presented by: Sean Watkins, Planner
Reviewed by: Darren V. Gérard, AICP, Planning Services Manager
Attachments: Case Map (1 page)
Zoning Exhibit (1 page)
Narrative (7 pages)
MCENG comment (1 page)
MCESD comments (1 page)
MCDOT TIS Waiver (1 page)
Opposition comments (2 pages)
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MARICOPA COUNTY
Application Name: AES Westwing Battery Energy Storage EDR
Legal Description
,
Applicant Applicant Phone/Email
Shruti Ramaker for Stantec 805.570.5566 shruti.ramaker@stantec.com Z2020093
Case Address Parcel Primary:
503-53-007, 503-53-009A
Generated April 20, 2021 07:44 AM Gross Acres: 20 approx. Map scale 1:3,277
Supervisor District No. 4
ZONE CHANGE FROM RU-43 TO IND-2 WITH IUPD OVERLAY ON TWO (2) 10-ACRE PARCELS (APN 503-
53-007 AND 503-53-009A).
Maricopa County Planning & Development - Phoenix, AZ /



March 15, 2021
Page 2 of 7
AES Westwing Energy Storage Project
Zone Change with IUPD Overlay
Narrative Report
A. Purpose of Request
This is a request for a Zone Change from Rural Zoning District 43 (RU-43) to Light Industrial (IND-2) with an
Industrial Unit Plan of Development (IUPD) overlay on two approximately 10-acre parcels (Assessor’s Parcel
Number [APN] 503-53-007 and 503-53-009A) located east of the southeast corner of West Happy Valley
Road and El Mirage Road (and adjacent to the existing Arizona Public Service Company [APS] Westwing
Substation) for the proposed AES Westwing Energy Storage Project (herein referenced as the “Project”). A
Plan of Development (POD) application is being submitted concurrently but separately for APN 503-53-007
for development of a 100-megawatt (MW) battery energy storage system (BESS) facility.
B. Description of Proposal
B.1 Introduction & Overview
As noted above, this request is for a rezoning from RU-43 to IND-2 IUPD. The current zoning of RU-43 allows
for service to the public of water, gas, electricity, telephone and cable television, including distribution,
collector and feeder lines, pumping or booster stations along pipelines, and substations along electric
transmission lines; however, public utility treatment and generating plants are not included. According to an
interpretation of the Zoning Ordinance, a zone change to IND-2 would be required for future development of
a BESS, which is considered akin to power generation.
The proposed IUPD overlay is requested in conjunction with IND-2 zoning to address variations in the
underlying IND-2 development standards required for this unique future use. Details regarding the proposed
IUPD are noted in Section I of this Narrative Report. Within the Maricopa County Comprehensive Plan and
the White Tank / Grand Avenue Area Plan, the property is designated for Mixed Use Employment land uses.
Mixed Use Employment is described and characterized as a “Mix of office, research, warehouse, light
industrial, and support employment uses on the same or adjacent parcels…” As such, future use of a BESS
facility would be in conformance with the Mixed Use Employment land use designation.
Exhibit 1, Sheet C1.0 illustrates the preliminary site plan for the proposed zone change with IUPD overlay.
C. Relationship to Surrounding Properties
C.1 Project Site Conditions
The Project site currently consists of vacant, partially disturbed (dirt roads) land. Existing transmission lines
and towers and several easements also traverse the site, including natural gas pipeline, right-of-way,
temporary access, temporary workspace, and road and incidental easements (refer to Exhibit 1).
Site topography is gently sloping with elevations ranging from approximately 1,328 feet above mean sea level
(amsl) in the northeastern portion of the site to 1,320 feet amsl in the southwestern portion. Additional property
information is noted below in Table 2.

March 15, 2021
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AES Westwing Energy Storage Project
Zone Change with IUPD Overlay
Narrative Report
Table 2. Project Site Parcels
Assessor’s Parcel Parcel Size
Number (APN) (acres) Location Ownership
Lat: 33.713899,
503-53-007 10 Private: Sunbelt Land Investment
Long.: -112.322132
Lat: 33.712083,
503-53-009A 10 Private: Sunbelt Land Investment
Long.: -112.324280
C.2 Surrounding Uses
The Project site is adjacent to West Happy Valley Road and single-family residential development (Coldwater
Ranch) on the north, privately owned land under development for an RV storage facility on the east and
construction of a housing complex beyond, the existing APS Westwing Substation on the south, and State
Trust land on the west. Privately owned and undeveloped parcels are located adjacent to the Project parcels
on the southeast and northwest, except for an existing cellular tower facility. Within the larger context, land
uses surrounding the Project site generally consist of residential and State Trust lands with the addition of
golf courses to the southwest and Bureau of Land Management (BLM) and mining lands east of State Route
303. A fire station is located to the southeast, adjacent to the APS Westwing Substation. The adjacent land
uses are described in more detail below in Table 3.
Table 3. Surrounding Zoning and Land Uses
Direction/ Area Plan Land Adjacent
Parcel Use Zoning Streets Description
Northwest Mixed Use Rural-43 (1 Acre West Happy Private - Vacant/ Cellular
503-53-009C Employment Per Dwelling Unit) Valley Road Facility
Southeast
Mixed Use Salt River Project (008B)/
503-53- Employment Rural-43 N/A Private - Vacant (008D)
008B/D
East Mixed Use Intermediate West Happy Private – RV Storage in
503-53-010G Employment Commercial (C-2) Valley Road construction
North Mixed Use Two-Family West Happy Private - Coldwater
503-66-592 Employment Residential (R-2) Valley Road Ranch Community
South APS West Wing
Industrial Rural-43 N/A
503-53-024H Substation
West Small Lot Vacant State Trust -
Rural-43 N/A
N/A Residential Vacant
D. Location and Accessibility
The Project site is located off West Happy Valley Road within the north-central portion of Maricopa County,
approximately 7 miles west of the City of Phoenix, 1 mile south of the Village of Vistancia and the City of
Peoria, and 0.7-mile west of State Route 303 (Township: 4 North, Range: 1 West, Section: 1).

March 15, 2021
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Primary access to the Project site is via West Happy Valley Road (Exhibit 1, Sheet C1.0), which is a major
east-west arterial roadway (Road of Regional Significance), with two, east-bound paved lanes and a raised
median (with a median break) adjacent to the property. The typical half-street roadway dedication for an
arterial/road of regional significance is 65 feet. There is no half-street dedication adjacent to the Project.
Future driveway access on West Happy Valley Road would be permitted through the Maricopa County
Department of Transportation.
E. Community Facilities and Services
The Project area is served by the Peoria Unified School District. The schools nearest the Project site include
Zuni Hills Elementary School located over 2 miles to the southeast, and Vistancia Elementary School and Big
Dreams Preschool/Kindergarten located over 2 miles to the north. Other community facilities in the area
include neighborhood parks serving nearby residential communities, the closest being approximately 1,050
feet north of the Project site across West Happy Valley Road. A church was recently constructed on West
Happy Valley Road, approximately 0.25 to 0.5 miles from the Project site. Most other community services
(medical facilities, libraries, churches, banks, etc.) are located over 2 miles from the Project site, east and
south of State Loop 303 (Bob Stump Memorial Parkway). The proposed non-residential zone change with
IUPD overlay will have no negative impact on these types of community facilities and services.
F. Public Utilities and Services
Existing EPCOR Water Arizona water supply and sewer lines run in Happy Valley Road. Public utility and
service providers serving the Project site are summarized below.
UTILITY PROVIDER
Water & Sewer EPCOR Water Arizona
Fire Protection North County Fire and Medical
Police Protection Maricopa County Sherriff’s Office
Electric APS
Telecommunications Various
G. Industrial Unit Plan of Development (IUPD)
Comparison Chart
Along with the requested IND-2 zoning, an IUPD overlay is requested in order to vary the development
standards related to setbacks and site enclosures. Requested variances include:
• Front Yard Setback (at two intersecting streets, equal to adjoining rural requirement, up to 25 feet
[MCZO Art. 902.4.1.b]): A Front Yard setback reduction from 25 feet to 10 feet is requested for 503-
53-009A (a future POD) and from 25 feet to 15 feet is requested for 503-53-007 (POD Z2020094), to
meet the minimum space requirements to support the full 100-MW capacity of battery storage
equipment required by APS on the Project site. The reduced Front Yard setback area will only contain

March 15, 2021
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AES Westwing Energy Storage Project
Zone Change with IUPD Overlay
Narrative Report
perimeter security walls and fire access roadways or open space, necessary to address the Project’s
unique security and safety needs. All battery storage equipment and buildings would ultimately be
set back over 30 feet from the property line.
• Site Enclosure/Screening (side or rear property line abutting rural zone; and side commercial zone
perimeter): While the 8-foot masonry wall proposed around the entire Project site would not require
a modification, the addition of an intrusion detection system on top of the wall is requested to address
the Project’s unique security needs. It is essential for energy storage facilities with high voltage
infrastructure to have enhanced site security for equipment protection and public safety. The
proposed intrusion detection system pylons would consist of infrared beam columns, approximately
8 inches in diameter by 6 feet in height, which would be located approximately every 200 to 300 feet.
Total height would be 14 feet.
• Driveway Site Visibility Triangles (SVTs): Reduced SVTs are requested for 503-53-007 (POD
Z2020094) for both sides of the eastern and western driveways. A reduction from 25 feet (MCZO
1111.4) to 15 feet is requested for both sides of the eastern driveway, as well as the east side of the
western driveway. A reduction from 25 feet to 5 feet is requested for the west side of the western
driveway. These reductions are requested to meet the minimum space requirements to support the
full 100-MW capacity of battery storage equipment required by APS on the Project site. The facility
will have minimal traffic as it is expected to be an unmanned site, or only one person working at the
site with occasional site maintenance personnel. Based on the current width of Happy Valley Road,
the Project site will have functional 25-foot SVTs.
A comparison of the IND-2 and proposed IND-2 IUPD development standards is presented below; proposed
differences are in bold:

March 15, 2021
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AES Westwing Energy Storage Project
Zone Change with IUPD Overlay
Narrative Report
REGULATION BASE ZONING DISTRICT PROPOSED ZONING DISTRICT
REGULATIONS (IND-2) REGULATIONS (IND-2 IUPD)
Height 40' a 40' a
15' (503-53-007)
Front Yard 25' b
10’ (503-53-009A)
Interior Side Yard 5' c 5' c
Street Side 10' c 10' c
Rear Yard 25' d 25' d
Lot Area 6,000 sq. ft. 6,000 sq. ft.
Lot Width * 60' 60'
Lot Coverage 60% 60%
Site Enclosure/ Screening:
-Side Property Line ≥ 6' solid masonry wall e, f 8' solid masonry wall (including
6-inch cap) with 6’ intrusion
detection system pylons on top
(14 ft. total height) e, f
-Rear Property Line ≥ 6' solid masonry wall e 8' solid masonry wall (including
6-inch cap) with 6’ intrusion
detection system pylons on top
(14 ft. total height) e, f
Parking Industrial Storage: Industrial Storage:
1 space/600 sq. ft. 1 space/600 sq. ft.
Office: 1 space/250 sq. ft. Office: 1 space/250 sq. ft.
5% ADA-Accessible 5% ADA-Accessible Spaces g
Spaces g
Driveway Sight Visibility 25’ from edge of 15’ (503-53-007; both sides of
Triangles (SVTs) driveway and edge of eastern driveway, and east side
ultimate right-of-way h of western driveway)
5’ (503-53-007; west side of
western driveway)
* Lot width is measured at front yard setback.
a The height of a structure closer than 40 feet to the rural zone boundary shall not exceed the
distance from the structure to the zone boundary, except that no building need be less than 10
feet in height.
b Front yard setback equal to adjoining rural requirement, up to 25 feet (MCZO Art. 902.4.1.b).
c Where side yard is adjacent to rural zoning district.
d Where rear yard abuts a rural zoning district.
e Required along and adjacent to side or rear property line abutting any rural zone boundary.

March 15, 2021
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AES Westwing Energy Storage Project
Zone Change with IUPD Overlay
Narrative Report
f View-obscuring wall or fence required adjacent to side commercial zone perimeter.
g 5% of parking spaces shall be handicapped parking spaces (MCZO Arts. 1102.1.4, 1102.1.5, and
footnote 2).
h MCZO Art. 1111.4.

Maricopa County
Planning & Development Department
Engineering Plan Review
Date: April 2, 2021
Tony Regis P.E.
Planning & Development
501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Phoenix, Arizona 85008 Development
Phone: (602) 506-8790
Fax: (602) 506-8762
Email www.maricopa.gov/planning address: Attn: Sean Watkins, Planner, Planning & Development Services
Tony.Regis@mail.maricopa.gov
From: Tony Regis, P.E., Plans Examiner Engineer, Planning & Development
Services
cc: Michael Norris, P.E., Engineering Manager, Planning & Development
Subject: Z2020093 - Zone Change, AES Westwing Battery Energy Storage
(E3 Memo)
Job Site Address: SEC El Mirage Rd and Happy Valley Rd
APN(s): 503-53-007 & -009A
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
Zone Change application routed for review on March 16, 2021 and has no objections.
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.
Please contact me if you have any questions or require any additional information.

Maricopa County
Environmental Services Department
Water and Waste Management Division DATE: December 1, 2020
Subdivision Infrastructure &
Planning Program TO : Sean Watkins, Planning & Development Dept.
1001 N. Central Avenue #150 Planer.
Phoenix, Arizona 85004
Phone: (602) 506-6666
Fax: (602) 506-5813 FROM: Souren Naradikian, P.E.
TDD 602 506 6704 Senior Civil Engineer
SUBJECT: AES Westwing Energy Storage Project IUPD. Z2020093
The Maricopa County Environmental Services Department (MCESD)
has reviewed documents received from the Maricopa County Planning
and Zoning Department for the above referenced project. This project
is a AES Westwing Energy Storage Project IUPD at APN # 503-53-
007. Water and sewer are provided by EPCOR, MCESD has no
concerns, ATC must be obtained prior to any construction permit
approval.
Based on the above, MCESD raised no objections to the Planning &
Development Department in Accela Automation on December 1,
2020, and the project may proceed with the following stipulations:
Stipulations: None
It should be noted that this document does not approve the
referenced project. Comments are provided only as advisory to
Maricopa County Planning and Development Department to assist
staff to prepare a staff report. Other Maricopa County agencies may
have additional requirements. Final review and approval will be made
through Planning and Development Department procedures. Applicant
may need to submit separate applications to the Maricopa County
Environmental Services Department for approval of proposed facilities
regulated by the Department. Review of any such application will be
based on regulations in force at the time of application.

MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 1
Project Name: AES Westwing Energy Storage Project Date: 01-22-2021
Location: SEC of 121st Ln & Happy Valley Rd Reviewer: Raj Thoutam, P.E.
MCDOT File No.: Z2020093/Z2020094 Phone No.: 602-506-8940
Consultant: Stantec Consultant Code:
Project No.: A = Will Comply B = Deleted
Plans Sealed By : C = Consultant to Evaluate
Item Sheet Consultant
Number Number Comments Reply
1st REVIEW (TIS) Use CODE
"A", "B","C"
Consultant: Please use the code and respond to each comment in the in this column
Consultant Reply Column. This sheet is for our record, please answer every next to every
question and sign and date your acknowledgement or the plans will be comment.
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Review Comments:
After review of preliminary site plan, request for traffic study waiver has been
1 approved with the following two stipulations:
1. Exclusive left-turn bay with at least 100ft. of storage be provided for site’s
westbound left-turning vehicles at 121st Ln & Happy Valley Rd intersection. A
Median transition taper design template, figure 6.1, in MCDOT Roadway
Design Manual should be used for exclusive left-turn lane design.
2. Proposed eastern right-in/right-out access be used as an emergency A
access only.
01/22/21
Signature: _____________________________________ Date: ___________
I:\TSM-Design Branch\Rajanikanth Thoutam\Traffic Impact Studies Review Comments\AES Westwing Energy Storage
Facility\AES Westwing Energy Storage Project_ Z2020093 & Z2020094.doc

Sean Watkins (PND)
Subject: FW: Case Z2020093 [QBLLP-ACTIVE.FID40536143]
‐‐‐‐‐Original Message‐‐‐‐‐
From: ALICIA ROONEY <arooney19@aol.com>
Sent: Monday, January 11, 2021 1:08 PM
To: Graff, Benjamin W. (PHX x3083) <Benjamin.Graff@quarles.com>
Subject: Case Z2020093
Hello,
Local communities have been made aware of a proposed battery energy storage system facility on the southeast corner
of Happy Valley and El Mirage.
Thousands of us are worried about the proposed rezone from rural to industrial and what that will mean for our
surrounding communities. Your proposed site is almost literally in a neighbor’s backyard. Not only is this proposal
dangerous, but it leads open the possibility to other big industries coming in and taking over if a rezone were to be
approved. This is not something any nearby resident wants or needs in their community. There are plenty of other
parcels of land away from residential areas that are more suitable for your proposal. Please note my opposition and add
it to your case file.
Sincerely,
Alicia and Daniel Rooney
Concerned Homeowners
Sent from my iPhone
CONFIDENTIALITY NOTICE: This electronic mail transmission and any attachments are confidential and may be
privileged. They should be read or retained only by the intended recipient. If you have received this transmission in
error, please notify the sender immediately and delete the transmission from your system.
1

From: SeanWatkins@mail.maricopa.gov
To: Sean Watkins (PND)
Subject: Issue #192958: Case Z2020093
Date: Tuesday, January 12, 2021 3:30:20 PM
Comment to be addressed separately, as part of project management.
PLEASE DO NOT REPLY TO THIS EMAIL!
The following Issue has been submitted to IssueTrak:
To view this Issue in detail, click HERE.
Issue #: 192958
Subject: Case Z2020093
Status: Open
Division Type: Development Services
Sub Type 1: Planning
Priority: Medium
Project:
Division: PNDDevServ Development Services
Organization: Planning and Development
Submitted By: Baldonado, Rosemary on 11-Jan-2021 602-506-5128
Assigned To: CustomerService, PND on 11-Jan-2021
Next Action: Watkins, Sean on 12-Jan-2021 602-372-0793
Issue Description:
Hello,
Local residents have been made aware of a proposed battery energy storage system facility
that is to go in the southeast corner of Happy Valley and El Mirage. The proposal is to rezone
from rural to industrial.
Industrial does not belong in this residential area, however; certainly not in people's
backyards! If this request were to be granted, it would lead the way for other big industries to
move right on in with it. That cannot happen.
I sincerely ask that you please deny this re-zoning request and add this opposition to the case
file.
Sincerely,
Alicia and Daniel Rooney
Concerned homeowners