CPA2024004 Z240004 BOS REPORT.PDF
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November 6, 2024
CPA240002 & Z240004
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
November 6, 2024
Case #/Title:
CPA240002 & Z240004 – Desert Sands Battery Storage Project
Supervisor District:
4
Applicant/Owner:
Andrew Yancey / Arizona State Land Department
Request:
Comprehensive Plan Amendment (CPA) to amend the future land
use designation in the Tonopah / Arlington Area Plan from Rural
Densities (0-1 du/ac) to Utilities. CPA case approval is by
Resolution
Zone change with overlay from Rural–43 to IND-2 IUPD with precise
plan of development
Site Location:
Generally located about 4,000’ north of Salome Hwy. and east of
455th Ave. in the Tonopah Area
Site Size:
Approximately 26 acres
County Island Status:
N/A
Additional
Comments:
The applicant seeks to amend the future land use designation in the
Tonopah / Arlington Area Plan to utilities and to rezone the subject
area to IND-2 IUPD. This will facilitate development of a battery
energy storage facility. The site is near the Delaney Substation and
is close to existing and future solar generating sites. There are no
homes nearby, with the nearest residence about a mile and a half
to the east, There is a mountainous region between the home and
the subject site. Staff received comments from Arizona Game and
Fish, Luke Air Force Base, and Arizona Department of
Transportation. Comments from these agencies were factored into
staff analysis and guided the recommended conditions of approval
for Z240004. There are no outstanding concerns from reviewing
agencies. There is no known opposition. CPA case approval is by
Resolution, attached.
Commission
Recommendations:
On 10/10/24, the Commission voted 5-0 to adopt a motion
recommending the Board of Supervisors approve CPA2022014.
November 6, 2024
CPA240002 & Z240004
Page 2 of 3
On 10/10/24, the Commission voted 5-0 to adopt a motion
recommending the Board of Supervisors approve Z240004 subject
to conditions ‘a’ – ‘g’:
a.
A Plan of Development is approved subject to site plan entitled “Desert Sands BESS –
Overall Plan of Development” consisting of 14 full-size sheets, dated August 15, 2024, and
stamped received August 21, 2024. The Plan of Development may be amended
administratively under separate application as long as the amendment complies with the
established IUPD development standards as approved by the Board of Supervisors. 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 “Desert Sands Battery Storage Project”, consisting of 18 pages, dated August
2024, and stamped received August 15, 2024, except as modified by the following
conditions.
c.
The following Planning Engineering conditions shall apply:
1.
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.
d.
The following IUPD standards shall apply:
1. Min. front setback: 100’
2. Min. side setback: 100’
3. Min. rear setback: 100’
4. Min. street-side setback: 100’
5. Loading and unloading: non required
6. Site screening: minimum 6’ chain link fence topped with an additional 1’ barbed wire
7. Surface material: drive and parking areas may be gravel surface with compacted
subgrade of native soil
8. Permitted uses: limited to battery energy storage systems and ancillary uses
e.
Prior to approval of construction permits for the site documentation of compliance to the
Arizona Game and Fish Department recommendations provided in the comment letter
dated August 6th, 2024 must be provided to the Planning and Development Department.
f.
Prior to issuance of a building permit, written confirmation will be required from the
emergency fire protection jurisdiction having authority 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
November 6, 2024
CPA240002 & Z240004
Page 3 of 3
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:
Joseph Mueller, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
10/10/24 P&Z Packet (69 pages)
CPA24004 Resolution (2 pages)
Note:
10/10/24 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
CPA240002 & Z240004
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
CPA240002 & Z240004 – Desert Sands Battery Storage Project
Hearing Date:
October 10, 2024
Supervisor District:
4
Applicant:
Andrew Yancy, BFSO
Owner:
Arizona State Land Department
Request:
1.
Comprehensive Plan Amendment (CPA) to amend the future land
use designation in the Tonopah / Arlington Area Plan from Rural Densities
(0-1 du/ac) to Utilities and
2.
zone change with overlay from Rural – 43 to IND-2 IUPD
Site Location:
Generally located about 4,000’ north of Salome Hwy. and east of 455th Ave.
in the Tonopah Area
Site Size:
Approximately 26 acres
Density:
N/A
County Island:
No
County Plan:
Tonopah/Arlington Area Plan – Rural Densities (0-1 d.u. / ac)
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendations:
1.
Approve (CPA240002)
2.
Approve with conditions (Z240004)
CPA240002 & Z240004
Page 2 of 10
Project Summary:
1.
The applicant is seeking designate the site for Utilities land uses in Tonopah/Arlington Area Plan
and to rezone the site IND-2 IUPD, along with a plan of development (POD) for a proposed battery
energy storage system (BESS). The site is 26 acres owned by the Arizona State Land Department
(ASLD) that is surrounded by large swaths of ASLD land on all sides. The Delaney Substation is
located nearby, and the narrative describes a future gen-tie line to connect the BESS to the
substation. The facility will be accessed via an easement over ASLD land from Salome Hwy. The
site will not generate significant traffic once construction is complete. Aside from the BESS, the
site will be comprised of an operations and maintenance facility, gen tie lines, and a substation.
The proposed IUPD overlay will increase all minimum setback requirements to 100’.
Excerpt from Site Plan
2.
The subject site does not have any recent history prior to pursuit of the subject proposals. A
preapplication meeting was held on February 13, 2024. These applications were submitted on
June 27, 2024. A singular technical advisory committee meeting was held for both cases on
August 6, 2024.
CPA240002 & Z240004
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3.
The narrative asserts that the proposed development meets the Comprehensive Plan
Amendment criteria in the following manner:
Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is
not solely for the good or benefit of a particular landowner or owners at a particular point in time.
The narrative states that the proposed amendment to utilities constitutes an overall improvement
to the comprehensive plan as it will allow the development of a BESS facility which will ease
energy capacity restraints during peak electrical demand periods. It will allow for the location of
utility infrastructure in a remote area while still providing energy security. Additionally, the
narrative states the proposed land use designation will be a benefit to local, county, and state
economies.
Whether the amendment will adversely impact all or a portion of the planning area.
A.
Altering acceptable land use patterns to the detriment of the plan – According to the
narrative, the amendment will not detrimentally alter any surrounding land uses or land
use patterns. The applicant states that the proposed land use is consistent with
development patterns as the site is near existing electrical infrastructure, generation
facilities, and the Delaney Substation.
B.
Requiring public expenditures for larger or more expensive infrastructure - The narrative
states that the project would not require public expenditures for larger or more expensive
infrastructure because the site is already near existing infrastructure.
C.
Adversely impacting planned uses because of increased traffic – The narrative indicates
the change in land-use is not anticipated to increase traffic demand as the site will garner
very few vehicle trips when developed.
D.
Affecting the livability of the area or health or safety of present and future residents –
The narrative provided by the applicant argues that the livability of the area will not be
impacted because the site is located about a mile and a half away from the nearest
residential properties and is surrounded by vacant ASLD land and other utility sites.
E.
Adversely impacting the natural environment or scenic quality of the area in
contradiction to the plan – The applicant states that the project will not significantly
impact the natural environment. The narrative further states that the proposed BESS
facility will be visually less impactful than the adjacent Delaney Substation and that the
site is relatively flat so minimal site disturbance will occur.
Animals
The Arizona Game and Fish Department (AZGFD) has commented on the proposed
project regarding measures to protect wildlife encountered on the site. Of particular note,
AZGFD states that the site is within the recovery area for the endangered Sonoran
Pronghorn. Additional species of concern include the western burrowing owl, the Sonoran
desert tortoise, and various burrowing mammals which may be present on site.
Historical Resources
The applicant has provided documentation of an archaeological survey that was
completed in 2022 which did identify any significant cultural remnants in the project area.
CPA240002 & Z240004
Page 4 of 10
The narrative states that there will be continued coordination with the Arizona State
Historic Preservation Office (AZSHPO) during the duration of the project.
Scenic Views
The narrative states that scenic views will not be impeded by this change in land use
designation due to the site’s relatively remote location and the adjacency of existing utility
infrastructure which may be more imposing than the proposed BESS on the subject site.
Whether the amendment is consistent with the overall intent of the Comprehensive Plan.
The applicant’s narrative states that the request is consistent with the overall intent of the
Comprehensive Plan by addressing the Strategic Priorities for Maricopa County such as providing
diversified energy security and increasing the economic base for local, county, and state
economies.
The extent to which the amendment is consistent with the specific goals and policies contained
within the plan.
The applicant’s narrative contains a substantial list of goals and policies from the Vision 2030
Maricopa County Comprehensive Plan as well as the Tonopah / Arlington Area Plan. This staff
report identifies which goals and policies the applicant’s narrative addressed.
Tonopah / Arlington Area Plan
Land Use – Goal L.1, Objective L.1, Objective L.3
Transportation – Goal T1
Environmental Element – Goal E1, Goal E2, Objective E1, Policy E1.1, Policy E1.2, Objective E2,
Policy E2.5, Objective E3, Objective E4, Policy E4.1
Economic Development – Goal ED1, Objective ED1, Policy ED1.10
4.
The following chart compares the proposed IUPD development standards and use regulations to
the base IND-2 zoning district. Minimum setbacks from all lot lines have been increased to 100’.
This is to ensure adequate areas for firefighting and staging and refuge in the event of an
emergency. There is no proximate residential neighborhood anticipated in the foreseeable future.
CPA240002 & Z240004
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REGULATION
BASE ZONING
DISTRICT
REGULATIONS (IND-2)
PROPOSED ZONING REGULATIONS
(IND-2 IUPD)
Height
40’
40’
Min. Front Yard
20’(abutting any major
street, section line
road, state or federal
highway)
100’
Min. Side Yard
5’
100’
Min. Rear Yard
25’ (abutting rural or
residential)
100’
Min. Street Side Yard
10’
100’
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
Uses Permitted
All uses permitted in
the IND-2 zoning
district
Battery Energy Storage and Ancillary
Uses
Load and Unloading
Regulations
For all wholesale,
manufacturing and
industrial buildings
there shall be one
loading and unloading
space for each 10,000
sq ft of floor area
No Loading/unloading space
required
Site Screening
Solid masonry wall not
less than 6’ in height
Minimum 6’ chain-link fence topped
with barbed wire
Paving
Parking area must be
paved
Gravel surface with compacted
subgrade of native soil
CPA240002 & Z240004
Page 6 of 10
2024 Aerial Photograph
Zoning Map
CPA240002 & Z240004
Page 7 of 10
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural-43 / Vacant (ASLD land)
North:
Rural-43 / Vacant (ASLD land)
South:
Rural-43 / Vacant (ASLD land)
East:
Rural-43 / Vacant (ASLD land)
West:
Rural-43 / Vacant (ASLD land)
Utilities and Services:
6.
Water:
On site well
Wastewater:
On site septic
School District:
Arlington Elementary School District
School District:
Buckeye Union High School District
Fire:
Harquahala Fire District
Police:
Maricopa County Sheriff’s Office
Right-of-Way:
7.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Salome Hwy
90’
65’
Minor Arterial
Adopted Plan:
8.
Tonopah / Arlington Area Plan (adopted September 6, 2000): The area plan defines the rural land
use designation as an area that may be desirable for residential development but is lacking urban
services such as water and sewer. However, CPA240002 proposes designating the site for
Utilities which is appropriate for BESS development with IND-2 IUPD zoning.
Public Participation Summary:
9.
The applicant met minimum notification requirements by notifying property owners within 300’
of the site, all identified areas of interest, and posting two signs. Due to the site’s remote location
on ASLD land, the applicant worked closely with staff to achieve an acceptable notification
campaign. The two signs were placed about ¾ of a mile south of the site along the Salome Hwy.
right-of-way. The applicant reported no comment from the public. Staff have not received any
comment from the public as of publication of this report.
Outstanding Concerns from Reviewing Agencies:
10.
N/A
Staff Analysis:
11.
The proposed amendment to the Tonopah/Arlington Area Plan to Utilities seems to be
appropriate and consistent with applicable plans and policies. It will be consistent with land use
and development patterns. The site is in a remote location that is near other utility land uses, as
CPA240002 & Z240004
Page 8 of 10
well as being adjacent to existing electrical transmission infrastructure. The applicant has made
a strong case that the proposed land use designation will not add a strain to transportation
infrastructure, will have minimal environmental impacts, will not have a significant negative
impact on scenic views, and will serve county goals such as adding to energy security and
diversity, as well as adding to the economic base. The proposed land use designation will provide
a modest amount of short-term construction jobs and will have two full time employees once the
site is up and running. As such, staff is supports CPA240002.
Proposed Land Use Designation
12.
Staff feels the site is similarly appropriate for the proposed IND-2 IUPD zoning. The overlay will
limit uses on site to BESS and ancillary uses. The site is located near existing transmission lines,
the existing Delany Substation, and in relative proximity to existing and proposed utility scale
energy generating sites. Staff notes that the proximity to existing transmission lines for a
proposed BESS site is desirable because it will require minimal additional infrastructure aside
from the facility itself, which will minimize impact on wildlife and the natural environment.
Additionally, the site seems appropriate for BESS specifically as it is a remote location about a
mile north of Salome Hwy and two miles south of I-10. The nearest development of any kind
besides electrical infrastructure are some sparsely developed residences about a mile and a half
to the east. This sparse residential area is shielded by a large geological outcropping located
CPA240002 & Z240004
Page 9 of 10
between the proposed site and the residential parcels. As such impact to area residents will be
minimal.
13.
AZGFD did provide comment on the proposed zoning and POD. The department did identify the
site as being within the recovery area for the endangered Sonoran Pronghorn, as well as an area
that may contain both the western burrowing owl and the Sonoran desert tortoise. All three of
these species are noteworthy and contain some level of state and federal protect. The
department also identified several best practices for site development to minimize impact to
these species and all wildlife, as well as minimizing environmental impact. Staff recommends
condition “e” to require AZGFD sign-off on an acceptable plan according to the recommendations
provided in the response letter dated August 6, 2024.
Recommendation:
14.
Staff recommends the Commission adopt a motion recommend that the Board of Supervisors
approve CPA240002.
15.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z240004 subject to the following conditions ‘a’ – ‘g’:
a.
A Plan of Development is approved subject to site plan entitled “Desert Sands BESS –
Overall Plan of Development” consisting of 14 full-size sheets, dated August 15, 2024, and
stamped received August 21, 2024. The Plan of Development may be amended
administratively under separate application as long as the amendment complies with the
established IUPD development standards as approved by the Board of Supervisors. 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 “Desert Sands Battery Storage Project”, consisting of 18 pages, dated August
2024, and stamped received August 15, 2024, except as modified by the following
conditions.
c.
The following Planning Engineering conditions shall apply:
1.
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.
d.
The following IUPD standards shall apply:
1. Min. front setback: 100’
2. Min. side setback: 100’
3. Min. rear setback: 100’
4. Min. street-side setback: 100’
5. Loading and unloading: non required
6. Site screening: minimum 6’ chain link fence topped with an additional 1’ barbed wire
CPA240002 & Z240004
Page 10 of 10
7. Surface material: drive and parking areas may be gravel surface with compacted
subgrade of native soil
8. Permitted uses: limited to battery energy storage systems and ancillary uses
e.
Prior to approval of construction permits for the site documentation of compliance to the
Arizona Game and Fish Department recommendations provided in the comment letter
dated August 6th, 2024 must be provided to the Planning and Development Department.
f.
Prior to issuance of a building permit, written confirmation will be required from the
emergency fire protection jurisdiction having authority 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
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:
Joseph Mueller, Planner
Reviewed by:
Rachel Applegate, Planning Supervisor
Attachments:
Case Map (2 pages)
Site Plan (reduced 8.5”x11”, 14 pages)
Narrative Report (CPA240002) (12 pages)
Legal Description (2 pages)
Narrative Report (Z240004) (18 pages)
MCESD comments (1 page)
DPR comments (2 pages)
AZGFD comments (4 pages)
ADOT response (2 pages)
LAFB response (2 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 26 approx.
Generated September 30, 2024 8:33 AM
CPA240002
Application Name:
Legal Description
Desert Sands Battery Energy Storage Project
Applicant
Case Address
Mitchell Willard
Applicant Phone/Email
Parcel Primary:
(480) 299-1215
Mwillard@bfsolaw.com
Map scale 1:3,341
Supervisor District No.
CPA Amendment from Rural Densities (0-1 du/ac) in the Tonopah/Arlington Area Plan to Utilities on
approximately 26 acres
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 26 approx.
Generated September 30, 2024 8:42 AM
Z240004
Application Name:
Legal Description
Desert Sands Battery Energy Storage Project
Applicant
Case Address
Mitchell Willard
45200 W SALOME HWY
Applicant Phone/Email
Parcel Primary:
(480) 299-1215
Mwillard@bfsolaw.com
TONOPAH, AZ 85354
Map scale 1:3,341
Supervisor District No.
Rezone approximately 26-acres from RU-43 to IND-2 IUPUD to construct and operate a battery energy
storage system.
Desert Sands Battery Storage Project
Application for a Comprehensive Plan Amendment (CPA240002)
Narrative Report
Submitted to: Maricopa County Planning & Development Department
301 W Jefferson Street Phoenix, Arizona 85003
August 2024
Table of Contents
Executive Summary ..................................................................................................................... 1
On-site and Regional Location ...................................................................................................... 2
CPA Size and Description of land use types by acreages ................................................................ 3
Roads/transportation systems serving the proposed project ......................................................... 3
Suitability with surrounding land uses ........................................................................................... 3
Narrative Response ...................................................................................................................... 3
Whether the Amendment Constitutes an Overall Improvement to the Comprehensive Plan ........ 3
Whether the Amendment Will Adversely Impact All or a Portion of the Planning Area By .............. 4
Altering acceptable land use patterns .................................................................................... 4
Requiring public expenditures for larger or more expensive infrastructure ............................... 4
Requiring public improvements to roads, sewer, or water systems that are needed to support
the planned land uses ........................................................................................................... 4
Adversely impacting planned uses because of increased traffic ............................................. 4
Affecting the livability of the area or health and safety ............................................................ 5
Adversely impacting the natural environment or scenic quality of the area .............................. 5
Whether the Amendment is Consistent with the Overall Intent of the Comprehensive Plan ............. 5
The Extent to Which the Amendment is Consistent with the Specific Goals and Policies Contained
Within the Tonopah/Arlington Area Plan ........................................................................................ 6
Land Use ..................................................................................................................................... 6
Transportation ............................................................................................................................. 7
Environmental ............................................................................................................................. 7
Economic Development ............................................................................................................. 10
Other Pertinent Information As Requested by the Maricopa County Planning Department ......... 10
Conclusion ................................................................................................................................ 10
1
Executive Summary
This narrative report provides the required information to support the request for a
Comprehensive Plan Amendment (CPA) for the Desert Sands Battery Storage Project
(“Project”) in western Maricopa County, Arizona. The Project is remotely located on
approximately 26 acres of Arizona State Land Department (“ASLD”) Trust land south of
Interstate 10, north of Salome Highway, east of 467th Avenue and adjacent to the Delaney
Substation in the Tonopah area (“Subject Property”). Project components are expected to
include O&M facilities, a substation, gen-tie line, and battery energy storage system (“BESS”)
to provide 300 MWac of energy storage capacity. This standalone battery project will
interconnect with the Delaney Substation and is intended to support utility grid system
operations by storing power for later dispatchment during peak demand periods.
This CPA would accommodate the Project by changing the Subject Property’s land use
designation in the Tonopah/Arlington Area Plan from Rural (0-1 du/ac) to Utilities. The CPA is
necessary to permit a corresponding rezoning request from RU-43 to IND-2/IUPD, which will
be presented in a separate application.
Arizona is experiencing significant new growth with a wide array of employment
opportunities bringing in new residents. While growth naturally increases infrastructure
needs, the manufacturing and hi-tech companies opening facilities throughout central
Arizona create particularly high demand for electrical power. At the same time, many of the
State’s coal plants are being retired. In order to meet this increasing energy demand under
existing conditions, central Arizona’s electrical utilities are requesting proposals for multiple
gigawatts of new power generation, with a focus on renewable resources. Battery energy
storage is an integral component of modern utility operations because it allows the grid to
2
more efficiently incorporate new intermittent energy resources such as wind and solar into
Arizona utilities’ power portfolios.
The Applicant is DESA bn, LLC, a subsidiary of BNC Devco, LLC, which is a joint venture
between BrightNight Power and Cordelio Power.
BrightNight, the lead developer on the project, is an integrated renewable energy company
serving utility, commercial, and industrial customers across the United States and Asia-
Pacific regions. Cordelio Power is a developer, owner, and operator of renewable project
facilities in North America.
As is evidenced in this application, the Subject Property is ideal for development of battery
storage that can add to the State’s energy generation portfolio and help meet some of the
projected demand increase. The Subject Property is particularly appealing because of its
proximity to existing utility infrastructure, which improves efficiency and minimizes the need
for new off-site transmission line construction. While the Subject Property’s distance from
population centers limits its traditional development potential, this remoteness and the
adjacency to a substation is a benefit for the proposed Project. Further, the Project would
not strain other public infrastructure, as battery storage facilities do not require traditional
water and sewer hookups and generate minimal traffic.
On-site and Regional Location
The Subject Property is located on 26 acres of ASLD Trust land in western unincorporated
Maricopa County. The Project is generally located south of Indian School Road and
Interstate 10, north of Salome Highway, and east of 467th Avenue. Located adjacent to the
proposed site to the west is the APS-owned Delaney Substation (APN 506-31-006D). The
Project anticipates interconnection to this substation through a 0.4-mile gen-tie line.
Further west opposite the Delaney Substation is the planned location of the Papago Solar
Project, a 2,800-acre solar project approved by the County in 2019. A low-density residential
neighborhood with unimproved roads is approximately 1.5 miles from the Project. The
Project site is currently vacant land.
The Subject Property is located in the vicinity of significant existing and planned energy
transmission and generation infrastructure. The Subject Property falls within the
Tonopah/Arlington Area Plan, adopted in 2000. ASLD oversees 15 square miles of State Trust
land in the Tonopah/Arlington Planning Area. The closest municipality to the Project is the
City of Buckeye, located approximately 16.5 miles to the east. Land ownership in the vicinity
of the Project is a combination of private land, ASLD trust land, and Bureau of Land
Management (“BLM”) lands.
3
CPA Size and Description of land use types by acreages
The entire 26-acre Project site is located on ASLD Trust land designated as Rural in the
Tonopah/Arlington Area Plan. This application requests a CPA to change the land use
designation for all 26 acres from Rural (0-1 du/ac) to Utilities in order to develop a battery
storage facility to support utility grid operations.
Roads/transportation systems serving the proposed project
Access to the Project site will occur from an entrance road off West Salome Highway.
Approximately 6 miles due east on West Salome Highway is 411th Avenue, providing access
to Interstate 10.
Suitability with surrounding land uses
The land use in the Project area is dominated by utility and rural land uses. These include
several existing 500kV transmission lines, the Delaney Substation, and a large solar facility
approved to the west.
Designating the land for utility use allows for the efficient utilization of available space while
preserving the rural character of the surrounding areas. The Project will be planned and
executed in a manner that minimizes visual and environmental impacts, ensuring
compatibility with the rural setting. In addition, the proposed battery storage components,
O&M facilities, and project substation associated with this CPA will be compatible with
surrounding land uses due to the presence of substantial energy infrastructure in the area.
Narrative Response
The narrative responses below are included pursuant to the Maricopa County CPA
application checklist and Tonopah/Arlington Area Plan amendment requirements.
Whether the Amendment Constitutes an Overall Improvement to the Comprehensive Plan
Amending the Tonopah/Arlington Area Plan to allow for the development of the proposed
Project will constitute an improvement to the Plan because the Subject Property possesses
the necessary characteristics suitable for development of battery storage facilities to
support utility grid operations. The Project is located in an area:
• Far from county population centers or existing residences;
• The adjacent substation and nearby existing transmission infrastructure to allow for
convenient connection into the regional electrical system; and
• With no known sensitive natural resources.
4
The Project will make use of vacant property to benefit the local, County, and State economy
by providing jobs and tax revenue. In addition, due to the location on State Trust Land, the
Project will also generate revenue for State Trust Land beneficiaries. Once in operation, the
electricity stored by this Project will help ease energy capacity restraints during peak
demand periods. This Project will efficiently integrate intermittently generated resources
into Arizona utilities’ portfolios by storing that power for deployment at time of high electricity
demand.
Whether the Amendment Will Adversely Impact All or a Portion of the Planning Area By
Altering acceptable land use patterns
This amendment will not alter the acceptable land use patterns because the Subject
Property is near substantial existing electrical infrastructure and numerous power
generation facilities to the west, including Delaney Substation and the planned Papago Solar
Project site. The land to the east of the Project site is vacant and has limited development
potential due to its increased slope and lack of public services.
Requiring public expenditures for larger or more expensive infrastructure
This amendment will not require public expenditures because the Project will utilize the
substantial existing electrical infrastructure in the Project vicinity. The Project’s adjacency
to the Delaney substation minimizes the need for additional transmission lines beyond the
0.4-mile gen-tie line proposed as part of the Project.
Requiring public improvements to roads, sewer, or water systems that are needed to
support the planned land uses
The operation of the Project will not create a significant increase in traffic that necessitates
road improvements. Construction traffic to the Project site will occur over ASLD Trust land
off Salome Highway and will require very few vehicle trips during operation.
The Project will not require the development of any new water or sewer systems. The need
for water and sewer on the site during operations will be minimal, necessary only to meet
employee needs at the O&M facilities.
Adversely impacting planned uses because of increased traffic
During the construction phase of the Project, traffic will temporarily increase due to the daily
trips for the construction workforce as well as deliveries of supplies and equipment. Few
vehicle trips will be generated during the operational life of the Project, and no significant
impacts on local or regional traffic. In fact, it was determined through the issuance of a
Traffic Study waiver that the nature of the development and site’s remote location would
5
generate fewer than 100 peak hours trips and will have negligible impact on County
roadways in the Project’s vicinity.
Affecting the livability of the area or health and safety
The proposed use of the Subject Property will not impact the health and safety of nearby
residents. The nearest residential single-family home is located approximately 1.5 miles
northeast of the site. The Project will not generate significant emissions or noise during
operation and will take measures to reduce fugitive dust on site. The access road interior to
the Project boundary will be compacted with gravel to minimize dust production and sustain
the weight of emergency vehicles.
All applicable County fire laws and regulations will be complied with, and all reasonable
measures will be taken to prevent fires on the site. The BESS facilities will be constructed
and maintained in compliance with National Fire Protection Association (NFPA) Regulation
855, a state-of-the-art fire prevention protocol designed specifically to mitigate hazards
posed by energy storage systems. The Applicant will also coordinate closely with the
Harquahala Fire District throughout the development process to ensure fire service to the
Project and implement an emergency response plan prior to operation.
Adversely impacting the natural environment or scenic quality of the area
The Project is not anticipated to adversely affect any significant or natural habitats. The
Subject Property and surrounding landscape area is essentially flat with slopes ranging from
0 to 5 percent. Due to the Subject Property’s flat terrain, the Project will not require
substantial grading or disturbance of the land within the Project area surrounding the BESS
structures. Although the O&M facilities, substation, and BESS will introduce new structures
to the visual landscape, the Project site’s adjacency to the Delaney Substation and energy
transmission infrastructure ensures the Project will not degrade any existing viewsheds. The
Project components will be low profile and blend cohesively into existing utility uses in the
Project’s vicinity.
Whether the Amendment is Consistent with the Overall Intent of the
Comprehensive Plan
The proposed use associated with this CPA will be consistent with the goals, objectives, and
policies set forth in the Tonopah/Arlington Area Plan. The relevant goals, objectives, and
policies are listed and discussed in the sections below.
6
The Extent to Which the Amendment is Consistent with the Specific Goals and
Policies Contained Within the Tonopah/Arlington Area Plan
Land Use
Goal L.1: Promote efficient land development that is compatible with adjacent land uses, is
well integrated with the transportation system, and is sensitive to the natural environment.
As discussed in previous sections, the proposed Project is compatible with surrounding land
uses. The majority of the surrounding land north, east, and south of the proposed Project
site is undeveloped ASLD land. Other than vacant property, much of the land to the
immediate west of the Project is devoted to utility uses such as solar projects, substations,
and transmission lines. The presence of the existing Delaney Substation and high-voltage
transmission lines adjacent to the Subject Property allows for the efficient interconnection
of the Project to the regional grid. The land to the east of the Project ascends on a gradual
slope reaching a grade of over fifteen degrees, limiting the development potential of other
land uses.
The Project will have no long-term effects on the transportation system and will require very
few vehicle trips once constructed, nor will the Project significantly impact the environment
as further discussed under the Environmental Element below.
Objective L.2: Provide for a functional, efficient and cost-effective system of utilities,
facilities and services to serve county population and employment centers.
Once operational, this Project will provide up to 300 mega-watts (MW) of energy storage. For
scale, this is enough stored energy to power approximately 180,000 homes for a period of
four (4) hours. As industry throughout central Arizona continues to grow, battery energy
storage reserves have become increasingly necessary for utilities to continue to provide
cost-effective and reliable power supplies to consumers. This Project will store power from
the Delaney Substation during periods of excess energy production for later dispatchment
when needed. The Subject Property is efficiently located adjacent to the Delaney Substation
to limit additional transmission line sprawl and away from urban and employment centers
that may be incompatible with the proposed land use.
Objective L.3: 1) Provide sufficient public services for intensity of land use; 2) Minimize
conflicts between urban and rural land use.
Project operations will not require connection to public water and wastewater services. Fire
services are anticipated to be provided to the Project by the Harquahala Fire District.
7
The Project presents no conflict between urban and rural land uses. The land to the east
slopes sharply upward, creating a natural barrier between the Project site and any urban or
rural land uses to the east.
Transportation
Goal T1: Provide an efficient, cost-effective, integrated, accessible, environmentally
sensitive, and safe countywide multi-modal system that addresses existing and future
roadway networks, as well as promotes transit, bikeways, and pedestrian travel.
Access onto Salome Highway to and from the Project will occur south of the Subject
Property, remote from residential and commercial developments or population centers
within the Tonopah/Arlington area. The low-traffic nature of the land use will not contribute
to congestion of county thoroughfares.
Environmental
Goal E1: Promote development that considers adverse environmental impacts on the
natural and cultural environment, preserves highly valuable open space, and remediates
areas contaminated with hazardous materials.
The Project will have minimal impacts on the natural and cultural environment, and there is
no highly valued open space on the Subject Property. A Class III Cultural Resources Survey
was conducted in July 2022 that found no cultural sites, features, or artifacts on the Subject
Property. The Project site is not known to be contaminated with hazardous materials, and
the BESS facilities will be designed as an assembly of insulated containers, employing
thermal suppression and alarm systems to mitigate risk of ground contamination to the
maximum extent possible.
Goal E2: Improve air quality and minimize noise impacts.
The proposed amendment would be expected to result in improved air quality relative to
fugitive dust emissions. Air quality impacts from fugitive dust emissions from the Subject
Property would occur during construction but could be lessened from current conditions
during operations by the development of the Project. After development of the battery
storage facilities, the presence of the batteries would reduce wind velocities at ground level,
and the ground surface could be treated as needed to reduce potential fugitive dust. This
practice could also reduce the amount of fugitive dust from these lands that would affect
local air quality. The Project will comply with all dust control requirements of Maricopa
County.
8
In addition, development of a battery energy storage facility would have a net general benefit
to air quality by reducing the need for alternative peaking generation sources with greater
emissions. BESS operations do not emit noxious fumes and will not result in an increase to
existing noise levels in the surrounding area.
Objective E1: Encourage developments that are compatible with natural environmental
features and which do not lead to their destruction.
The Project site is a relatively flat property that is conducive to BESS. There are no significant
terrain features on the Project site, nor significant natural environmental features that risk
destruction through construction of the Project.
Policy E1.1: In order to minimize impacts of hillside development, the submittal of
land development applications on lands with slopes of 15 percent or greater should
be discouraged.
The Project site is essentially flat, with slopes ranging from 0 to 5 percent that gently
rise to the east. Intensive excavation and grading that disrupt the natural topography
of the land will not be required. Although slopes to the northeast and southeast of
the battery storage area include steeper terrain with slopes ranging from 5 to 15
percent and greater, such areas are beyond the Subject Property boundary and would
not be impacted by development of the Project.
Policy E1.2: Encourage land uses and development designs that are compatible with
environmentally sensitive areas such as parks, open space, floodplains, hillside,
wildlife habitat, scenic areas, and unstable geologic and soil conditions.
Per figures contained within the Tonopah/Arlington Area Plan, the Subject Property
does not contain the environmentally sensitive areas listed below:
• The Palo Verde-Saguaro, Saltbush, and Palo Verde-Cacti-Creosote vegetation
communities do not occur in the area.
• The Saddle Mountain Preservation Area and the Palo Verde Hills do not cover
the Subject Property. This Project does not affect designated scenic areas or
open space.
• The Subject Property does not contain hillsides.
• The Subject Property is not within the Arlington Wildlife Area.
• There are no unstable geologic and soil conditions—according to Figure 9 of
the Tonopah/Arlington Area Plan, soils in the Project area are part of Gilman-
Estrella Avondale. The Gilman-Estrella Avondale Association is generally well
drained with nearly level to moderate sloping between zero to three percent.
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Objective E2: Protect and preserve existing water resources and minimize flood hazards.
The development will comply with stormwater management requirements and will not result
in detrimental impacts on water quality. Stormwater quality is expected to improve due to
the application of stormwater management practices and stormwater retention
infrastructure as part of the project. The Project site is not in a Special Flood Hazard Area.
Policy E2.5: Encourage developments that maximize recharge of groundwater
supplies and utilize treated wastewater for water amenities and irrigation.
The Project will use very little water over its operational life. Water will primarily be
used to control fugitive dust emissions throughout construction and during operation
as necessary. The facility does not require significant staff, so substantial water will
not be required on-site for employee needs during operation.
Objective E3: Preserve existing habitat areas of threatened or endangered wildlife and/or
desert plant species.
The Subject Property is not located within any Palo-Verde Saguaro or Riparian habitat
Communities where development activities should be sensitive and/or limited. The
Creosote Community where the Subject Property is located is home to a bird variety
of Mourning Dove, Gambel Quail and Gila Woodpeckers that will not be disturbed by
day-to-day energy storage operations posed by the Project. The Subject Property is
not located within the Arlington Wildlife Area.
Objective E4: Protect the County’s historical and archaeological resources.
Policy E4.1: Prior to development, excavation, or grading, require that an applicant
submit a letter from the Arizona State Historical Preservation Office stating that the
proposed land development will have no effect on historical and cultural resources.
No significant historical resources are expected on the Subject Property based on
cultural resource surveys. A Class III Cultural Resources Survey was conducted in
July 2022 that found no cultural sites, features, or artifacts on the Subject Property. A
No-Objection Letter was subsequently provided by ASLD to the State Historic
Preservation Office (SHPO) in May 2023.
10
Economic Development
Goal ED1: Promote a growing, balanced, efficient, and diversified economy, consistent with
available resources, that enhances quality employment opportunities, improves quality of
life, and is sensitive to the natural and cultural environment.
Objective ED1: Permit major commercial and job employment centers where the labor force
and infrastructure exist or are expanding.
The Project site is remote and lacks the infrastructure and development potential for
commercial and employment centers. Developing the battery storage use on this site leaves
other lands available in the Tonopah/Arlington Area that are developable for economic
opportunities near population centers and major transportation routes, where labor force
and infrastructure are in place.
Policy ED1.10: Encourage energy production industrial contributions to occur within
their surrounding community.
This Project will connect to the Delaney Substation to assist with managing grid
loads, smoothing out peaks in energy demand, and storing power to prevent outages.
APS operates the Delaney Substation and supplies power to residents and
businesses throughout Maricopa County who stand to benefit from additional grid
reliability offered by this Project. This Project will enhance the resiliency of the
broader energy supply supporting industry across central Arizona in providing an
offtake for excess grid energy for later recall when needed.
Other Pertinent Information As Requested by the Maricopa County Planning Department
At this time, no additional information has been requested by the Maricopa County Planning
Department.
Conclusion
This CPA request efficiently collocates the proposed Project near existing energy
transmission infrastructure and planned energy generation development. Further, the
Project’s distance from population centers ensures minimal disruption to County residents
and makes beneficial use of land that might otherwise lie vacant. From this remote location
with significant existing utility infrastructure, this Project will provide critically needed
storage capacity to support power grid operations throughout Maricopa County.
LEGAL DESCRIPTION
DESERT SANDS
AUGUST 16, 2024
Job No. 7098
Page 1 of 1
RICK ENGINEERING COMPANY | 2401 West Peoria Avenue, Suite 120, Phoenix, AZ 85029
\\cp.rickeng.com\projects\P05500\7098_BESS_Solar\Survey\Legals\7098_Desert_Sands_Legal.docx
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 2
NORTH, RANGE 8 WEST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY,
ARIZONA, AS RECORDED IN A RECORD OF SURVEY, MARICOPA COUNTY GEODETIC
DENSIFICATION AND CADASTRAL SURVEY, BOOK 759 OF MAPS, PAGE 29, RECORDS
OF MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25, A GENERAL
LAND OFFICE BRASS CAP FLUSH, FROM WHICH THE CENTER OF SAID SECTION 25,
A REBAR WITH NO ID, BEARS NORTH 00°38'56" EAST (BASIS OF BEARINGS),
2639.72 FEET;
THENCE NORTH 00°38'56" EAST, ALONG THE NORTH-SOUTH MID-SECTION
LINE OF SAID SECTION 25, 1,203.59 FEET;
THENCE DEPARTING SAID NORTH-SOUTH MID-SECTION LINE, SOUTH 89°21'04" EAST,
999.84 FEET, TO THE POINT OF BEGINNING;
THENCE NORTH 00°38'56" EAST, 1,196.07 FEET;
THENCE SOUTH 89°21'04" EAST, 763.15 FEET;
THENCE SOUTH 00°38'56" WEST, 497.56 FEET;
THENCE SOUTH 89°21'04" EAST, 366.04 FEET;
THENCE SOUTH 00°38'56" WEST, 606.24 FEET;
THENCE NORTH 89°21'04" WEST, 366.04 FEET;
THENCE SOUTH 00°38'56" WEST, 92.28 FEET;
THENCE NORTH 89°21'04" WEST, 763.15 FEET, TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,134,685 SQUARE FEET OR 26.049 ACRES, MORE OR LESS.
BANTA
MICHAEL A.
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08/16/2024
EXHIBIT "A"
MARICOPA COUNTY, ARIZONA
DESERT SANDS
BANTA
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REFERENCE DOCUMENTS
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Desert Sands Battery Storage Project (Z240004)
IND-2 Zone Change and Industrial Plan of Development (IND-2 IUPD)
Narrative Report
Submitted to: Maricopa County Planning & Development Department
301 W Jefferson Street Phoenix, Az 85003
August 2024
Table of Contents
1.0 Introduction .......................................................................................................................... 1
1.1 Project Name..................................................................................................................... 2
1.2 Applicant ........................................................................................................................... 2
2.0 Purpose of Request ............................................................................................................... 2
2.1 Industrial Unit Plan of Development ................................................................................. 2
2.1.1 Justifications for Proposed Zoning District Standards ................................................... 4
3.0 Description of Proposal ........................................................................................................ 5
3.1 Overview ........................................................................................................................... 5
3.2 Battery Energy Storage System ......................................................................................... 5
3.3 O&M Facilities ................................................................................................................... 5
3.4 Interconnection Transmission Line ................................................................................... 5
3.5 Landscaping ...................................................................................................................... 6
3.6 Operations and Maintenance ............................................................................................ 6
3.6.1 Site Security and Lighting ............................................................................................... 6
3.6.2 Weed Management ........................................................................................................ 7
4.0 Relationship to Surrounding Properties ................................................................................ 7
5.0 Location and Accessibility .................................................................................................... 8
6.0 Circulation ............................................................................................................................ 9
7.0 Development Schedule ........................................................................................................ 9
7.1 Phasing Schedule .............................................................................................................. 9
8.0 Community Facilities and Services ...................................................................................... 9
8.1 Emergency Response Plan ................................................................................................ 9
9.0 Public Utilities and Services ................................................................................................. 9
9.1 Fire Protection ................................................................................................................... 9
9.2 Police Protection ............................................................................................................. 10
9.3 Water and Wastewater Resources .................................................................................. 10
9.4 Electric ............................................................................................................................ 10
10.0 Drainage and Grading ....................................................................................................... 10
11.0 Environmental Impacts ..................................................................................................... 10
12.0 Conformance with the Comprehensive Plan .................................................................... 11
13.0 Conclusion ........................................................................................................................ 16
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1.0 Introduction
This narrative supports a request to rezone approximately 26 acres of Arizona State Land
Department (“ASLD”) Trust land north of the Salome Highway adjacent to the Delaney Substation in
the Tonopah area (“Subject Property”) from rural zoning (“RU-43”) to Light Industrial (“IND-2”) with
an Industrial Unit Plan of Development (“IUPD”) to allow the development of the Desert Sands
Battery Storage Project (“Project”). The Project is expected to interconnect to the adjacent
substation and provide 300 MWac of energy storage capacity to support utility grid system
operations.
Arizona is currently experiencing significant new growth with a wide array of employment
opportunities bringing in new residents. While growth naturally increases infrastructure needs, the
manufacturing and hi-tech companies opening facilities throughout central Arizona create
particularly high demand for electrical power. At the same time, many of the State’s coal plants are
being retired. In order to meet this increasing energy demand under existing conditions, central
Arizona’s electrical utilities are requesting proposals for multiple gigawatts of new power
generation, with a focus on renewable resources. Battery energy storage is an integral component
of modern utility operations because it stores power to be dispatched at times of high demand,
which allows the grid to more efficiently incorporate new intermittent energy resources such as
wind and solar into Arizona utilities’ power portfolios.
The Subject Property is an ideal location for the proposed battery storage use because of its
proximity to existing utility infrastructure, which improves efficiency and minimizes the need for
new off-site transmission line construction. While the Subject Property’s distance from population
centers limits its traditional development potential, this remoteness and the adjacency to a
substation benefits the proposed Project. A vicinity map is provided below. Because battery
storage is largely self-operating with minimal need for on-site personnel, the Project will not strain
other public infrastructure, such as water, sewer, and transportation. The Project will also make
use of vacant Subject Property to benefit the local, County, and State economy by providing
additional tax revenue as well as numerous construction jobs and one to two full-time positions
during operations. In addition, due to the location on State Trust Land, the Project will also
generate revenue for State Trust Land beneficiaries.
Exhibit 1: Site Aerial
2 | P a g e
1.1 Project Name
The name of the project is Desert Sands Battery Storage Project.
1.2 Applicant
The Applicant is DESA bn, LLC, a subsidiary of BNC Devco, LLC, which is a joint venture between
BrightNight Power and Cordelio Power.
BrightNight, the lead developer on the project, is an integrated renewable energy company serving
utility, commercial, and industrial customers across the United States and Asia-Pacific regions.
Cordelio Power is a developer, owner, and operator of renewable project facilities in North America.
2.0 Purpose of Request
The Applicant requests to rezone approximately 26 acres from RU-43 to IND-2 with an IUPD to allow
the development of a battery storage facility in proximity to existing utility infrastructure.
Concurrently, the Applicant is also filing a Comprehensive Plan Amendment (“CPA”) application to
redesignate the Subject Property in the Tonopah/Arlington Area Plan from Rural Densities (0-1 D/U)
to Utilities.
The Subject Property is located in unincorporated western Maricopa County near the Tonopah area
on State Trust Land south of Indian School Road and Interstate 10, north of Salome Highway, east
of 467th Avenue and the APS-owned Delaney Substation, and west of an unnamed mountain. The
Subject Property is currently vacant and essentially flat with slopes ranging from 0 to 5 percent. In
addition to the adjacent substation, utility-related development in the area includes existing high-
voltage transmission lines and several approved solar generating projects planned in the vicinity.
The Project will be comprised of Battery Energy Storage System (“BESS”) modules, a substation, a
500 kV generation interconnect (“gen-tie”) line, and an Operations & Maintenance (“O&M”) facility.
Once operations have commenced, the Project is expected to provide up to 300 MWac of energy
storage for later dispatchment to the regional grid, strengthening grid resiliency and adding to the
region’s and State’s energy portfolio.
2.1 Industrial Unit Plan of Development
To accommodate the battery storage project on the Subject Property, the Applicant is requesting
several modifications from IND-2 development standards through the implementation of the IUPD
overlay zoning district. According to the Maricopa County Zoning Ordinance (“MCZO”), the purpose
of the IUPD is to allow variations to development standards for industrial projects that require
special design techniques or flexibility due to topography, innovative or sustainable project design,
or other considerations.
The requested modifications include significantly increased perimeter setbacks that are consistent
with National Fire Protection Association (“NFPA”) standards for remote stationary battery storage
systems and a replacement of the masonry wall requirement found in MCZO Section 902.9.3.b for
chain-link fencing. Additional requested modifications are related to loading and unloading space
requirements and alternative paving materials that are not necessary for this low-traffic use and
3 | P a g e
clarifying that the BESS should not be within an enclosed building. The specific modifications of the
County development standards being requested are in Table 1 below and justifications are
discussed in Section 2.1.1.
Table 1 – Desert Sands Battery Storage Project IUPD Comparison Chart
Regulation
Based IND-2 Zoning
District Standards
Proposed IND-2 IUPD
Zoning District Standards
Building Height
40’
40’
Yard
Front
25’
100’
Side
5’
100’
Rear
25’
100’
Street Side
10’
100’
Lot Area
6,000 SF
6,000 SF
Lot Width
60’
60’
Lot Coverage
60%
60%
Parking
Industrial Storage: 1 Space/600S F
Office: 1 Space/250 SF
5% ADA Accessible Spaces
Industrial Storage: 1 Space/600S F
Office: 1 Space/250 SF
5% ADA Accessible Spaces
Loading and Unloading
Article 1103.2 one loading and
unloading space for each 10,000
square feet of floor area, or fraction
thereof, devoted to such use in the
building
No loading/unloading spaces
required.
Site Enclosure and
Screening
Minimum 6’ concrete masonry unit
wall adjacent to rural and residential
zoning boundaries and for outdoor
use of an industrial nature.
Minimum 6’ chain link fence adjacent
to rural/residential zoning
boundaries, which includes
approximately 1’ of 3 strand attached
barbed wire. Access gates do not
require screening materials.
Driveway Sight Visibility
Triangles (SVTs)
25’ from edge of driveway and edge of
ultimate Right-of-Way
25’ from edge of driveway and edge of
ultimate Right-of-Way
Additional Regulations
Article 902.9.1. All uses except for
parking, loading, unloading or
storage shall be conducted within a
completely enclosed building.
Battery Energy Storage Systems
components may be located outside
of enclosed buildings.
Paving
Article 1102.7.1. For other than one
single-family dwelling unit or one
mobile home on a lot of record, any
parking area must be paved or in the
alternative surfaced with aggregate
base course material.
Gravel surface with compacted
subgrade of native soil
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2.1.1 Justifications for Proposed Zoning District Standards
Justifications for the modifications proposed in the table above are described below.
Front/Side/Rear Yard
The Applicant requests a modification to increase the front, side, and rear yard setbacks to 100’ to
provide an additional safety and aesthetic benefit above and beyond the MCZO’s requirements.
NFPA Regulation 855, a state-of-the-art fire prevention protocol designed especially for stationary
energy storage systems, states a minimum 100’ setback is required from the property line for
remote facilities. Given the site acreage and centralized footprint of the Project, increased setbacks
will ensure fire safety protocols are met and impacts to the surrounding environment are mitigated.
The Applicant requests the setback requirements to be increased and allow for chain-link fencing,
drainage channels, accessways, signage, or other improvements, excluding buildings or battery
storage facilities within the yard setback areas.
Loading and Unloading
The Applicant requests that no loading and unloading spaces are required for this Project. Once
operational, the Project will not require deliveries or shipments and will have very few vehicle trips.
Parking will be provided for the O&M facility per MCZO standards; however, loading/unloading is not
needed. In the event deliveries are required, trucks will utilize a temporary space for loading and
unloading.
Site Enclosure and Screening
The Applicant requests to install chain-link fencing that is at least 6’ in height, which includes
approximately 1’ of 3 strand barbed wire attached on top of the fence. This fencing will not include
any screening material such as slats or privacy fabric. The proposed fencing will allow unimpeded
surface flows and provide site security. At this remote location, screening material would only make
the site more visible and, therefore, should not be required. In addition, the proposed increased
setback of 100’ on all sides improves the Project’s aesthetics and reduces any benefits that may be
derived from opaque perimeter screening. Perimeter fencing will include small gaps at the bottom
(six to eight inches) to allow for the movement of small wildlife. These gaps will be located in areas
where drainage features intersect with the Project perimeter.
Additional Regulations
The Applicant requests removal of the requirement for all uses except for parking, loading and
unloading, or storage to be conducted within an enclosed building. Locating BESS components
indoors would increase fire safety risks, and NFPA standards promote locating BESS components
outdoors within sealed containers that are separated from each other. In addition, the battery
storage containers have a low-profile, similar to shipping containers, and would be less visible than
permanent buildings.
Paving
The Applicant requests that alternative surfacing materials or methods approved by Maricopa
County Air Quality may be used in driveways and parking areas. The adjacent roadways providing
5 | P a g e
access to the Project site are unpaved dirt roads. Gravel roads on the Project will be maintained to
reduce fugitive dust in accordance with County air quality regulations and will be coordinated with
the appropriate fire safety agency to ensure adequacy for emergency vehicle use.
3.0 Description of Proposal
3.1 Overview
Allowing for the development of the Project, this zone change application includes the following:
Approximately 385 Battery Energy Storage System (BESS) containers
Electrical collection systems, including battery invertors, transformers, and generation tie-
in lines
A substation
O&M facility and associated equipment storage facilities
Ancillary civil infrastructure includes screening, accessways and gates, on-site parking,
signage, drainage channels, retention basins, and a septic tank and water storage tank.
3.2 Battery Energy Storage System
The BESS units will be stationed throughout eight (8) banks comprising 25 modules on fixed pilings,
each accompanied by ten (10) inverters. Internally, BESS units are composed of battery packs of
lithium cells and accompanying Battery Management System (“BMS”) to safeguard the battery from
potential damages, a Power Conversion System (“PCS”) to charge or discharge the batteries, a
controller for monitoring the internal systems, and additional protective measures that prevent
overheating or fires. Individually, each battery unit has a storage capacity of 5090 kWh and, when
factoring in all units can provide 300 MWac of energy for dispatchment to the grid during peak
hours. Pursuant to NFPA Regulation 855, the containers housing the BESS modules will be
separated at least 3’ apart to mitigate the risk of a thermal event spreading among Project
components.
The approximate height of a BESS unit, when mounted on a PCS skid, is 8’-10’, just under the height
of the O&M facility. The Plan of Development depicts where BESS will be located on the Project site.
3.3 O&M Facilities
An approximately 720 SF O&M prefabricated office facility for administrative purposes will be
located on-site, accommodating up to seven people during peak maintenance activities and two
full-time employees once the Project is operational. Accompanying this facility will be a storage
area for equipment and spare parts, containers, and space set aside for staging. The on-site
substation will also contain a control facility for temporary use during troubleshooting.
3.4 Interconnection Transmission Line
Power will be provided to the Project from the Delaney Substation 0.4 miles to the west of the site. A
500 kV overhead gen-tie line will route electricity to be stored from the Delaney Substation Point of
Interconnection (“POI”) to the Project’s on-site collection substation located at the site’s southern
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boundary. Here the voltage will be stepped down to 34.5 kV to be stored in the BESS modules.
When energy is required by the grid, the energy in the BESS modules can be stepped back up to the
grid voltage of 500 kV again for transmitting back to the Delaney Substation.
The vicinity of the Project site to the substation not only reduces the amount of infrastructure
required to build transmission towers, but also provides significant power savings by avoiding load
loss that can occur over long transmission lines.
3.5 Landscaping
The Applicant intends to maintain a natural buffer around the site which may involve the relocation
of native plants within the Project and right-of-way to the boundary region or other pre-approved
off-site locations in accordance with state and federal regulations. Additional landscaping will not
be installed throughout the Project area to minimize hazards with on-site components and reduce
the fire risk.
3.6 Operations and Maintenance
Between groundbreaking and the onset of operations of this Project, workers will consistently
access the site, with between 80-100 employed during the peak of construction. When operational,
the Applicant will employ two full-time staff members to monitor and analyze data collection in the
O&M facility, provide site maintenance as necessary, and ensure energy is reliably delivered from
the modules.
The Applicant will conduct annual maintenance to include, but are not limited to the following:
Periodic inspections
Maintaining, cleaning, and replacement of electrical collection system interior and exterior
components (battery modules, inverters, switches, etc.)
Routine monitoring of systems and maintaining of records for performance feedback;
Maintenance and upkeep of on-site infrastructure (accessways, drainage channels, and
retention basins)
Weed control
Dustproofing
3.6.1 Site Security and Lighting
The Project will be enclosed by a minimum 6’ chain-link fence, which will be topped with an
approximate foot of 3 strand barbed wire. The Applicant intends to use chain-link fencing without
screening to maintain a secure but visually open appearance. Where necessary, portions of the
fencing may increase in height to allow for gaps at the base to enable wildlife movement and
drainage.
Additional security measures include a video surveillance system to enable the Applicant to
remotely monitor the site even at nighttime and motion-activated lighting. The security lighting will
be installed with shields to ensure that direct illumination will not be cast onto neighboring
7 | P a g e
properties and will be directed downward and into the site. All on-site lighting will also comply with
Maricopa County Zoning Ordinance Article 1112.
3.6.2 Weed Management
The Applicant will prepare a Weed Abatement Plan prior to construction that controls on-site native
grasses. Due to the fire safety hazards weeds can create the presence of weeds (especially
tumbleweed) on the site and will be regularly monitored and managed throughout the life of the
Project. The use of herbicides by licensed and certified applicators that meet applicable federal,
state, and local environmental standards as well as mechanical uses may be used when necessary.
4.0 Relationship to Surrounding Properties
The Subject Property is remotely located in western Maricopa County where the predominant land
uses are energy production and open space. Development of a BESS facility at this location is an
appropriate and compatible land use given the context of its surroundings. Much of the land around
the Subject Property is owned by ASLD and is currently native desert. Approximately 0.4 miles west
of the Subject Property are 500 kV transmission lines and the Delaney Substation, an APS-owned
site the Project intends to interconnect with during operations. Adjacent to this substation and
expanding west is the planned site of a large solar power generation facility encompassing nearly
2,800 acres of IND-2 zoned land, known as Papago Solar, approved by the County in 2019. North of
the Subject Property is a stretch of native desert extending to Indian School Road. Further north and
approximately 2 miles from the Subject Property, is the I-10 Freeway. To the east exists steep
topography with limited development potential buffering the Subject Property from low-density
neighborhoods with unimproved roads on the opposite slope. The nearest residential single-family
home sits approximately 1.5 miles northeast of the site. To the south is more native desert land and
the Salome Highway, approximately 0.75 miles of the Subject Property.
Uses within the vicinity of the Subject Property are a strong indicator of the appropriateness of the
proposed Project in this location. Due to the area’s remoteness, natural barriers, access to
transportation infrastructure, and a lack of adjacent residential, several Comprehensive Plan
Amendment and Zone Change cases for solar generation facilities have been approved on a
substantial swath of land west of the site over recent years that include Papago Solar and others.
Proximity to the existing Delaney Substation and high-voltage transmission wires provides efficient
interconnectedness to the regional grid and limits the need for extensive off-site overhead wires
from the Project. As energy demands increase across Maricopa County, the addition of a battery
storage facility in this location not only complements the surrounding utility infrastructure but
introduces a dispatchable source of stored power that will strengthen the resiliency of the grid
during times of need.
Once developed, the Project will be relatively low-profile with minimal visual and environmental
impacts, preserving the rural character of the surrounding area. Limited activities will occur
throughout the day and at nighttime only shielded, motion-activated lights will identify the site
apart from the desert.
The Subject Property is beyond the 10-mile radius of the Plume Exposure Pathway Emergency Plan
Zone (“EPZ”) surrounding the Palo Verde Nuclear Generating Station (“PVNGS”) located in
8 | P a g e
Wintersburg and is not required to prepare a PVNGS emergency response plan or follow shelter-in-
place or evacuation protocols during an event at the plant.
Exhibit 2: Surrounding land use map
5.0 Location and Accessibility
Access to the Project site will occur from an entrance road off West Salome Highway.
Approximately six miles due east on West Salome Highway is 411th Avenue, providing access to
Interstate 10.
The Applicant anticipates coordination with ASLD to secure rights to use the entrance road over
State Trust land to access the Project site. The Applicant will also construct a 24-foot-wide access
road internal to the Project site connecting to the off-site right-of-way easement. Similar to existing
utility roads in the vicinity, the access road will comprise of a stabilized surface consisting of a
aggregate materials as approved by the County, sufficient to meet fire and maintenance access to
the site.
9 | P a g e
6.0 Circulation
As depicted in the Plan of Development, there will be an internal 20-foot-wide gravel road with 2-
foot compacted subgrade shoulders that provides access and parking for the O&M facility and
navigates around and throughout the Project site. These roads will consist of a stabilized base that
conforms to Maricopa County Department of Transportation (“MCDOT”) regulations and will be
maintained to reduce fugitive dust. The Project will not generate any significant traffic that impacts
existing roadways near to the site and has been waived by County staff from needing a Traffic
Impact Study (“TIS”). One access gate will be provided on the Subject Property’s southern
boundary.
7.0 Development Schedule
7.1 Phasing Schedule
The Project is anticipated to be developed as a single phase. The construction phase will be carried
out over several months, consisting of requisite grading for on-site and off-site drainage facilities.
Temporary facilities may be constructed for office space and store construction equipment and will
be removed upon completion. During this period, more vehicle trips are anticipated to and from the
site and a temporary parking area will be designed as well.
8.0 Community Facilities and Services
During operations, the Project will have no impact on community facilities and services such as
schools and parks, as the Project is not residential.
8.1 Emergency Response Plan
The Applicant is coordinating with Harquahala Fire District and will prepare the appropriate
emergency response plan prior to construction.
9.0 Public Utilities and Services
9.1 Fire Protection
The BESS facilities will be constructed and maintained in compliance with NFPA Regulation 855, a
state-of-the-art fire prevention protocol designed specifically to mitigate hazards posed by energy
storage systems. Each module has its own HVAC system, remote sensors, and internal fire
suppression system. Pursuant to NFPA Regulation 855, the containers housing the BESS modules
will be separated at least 3’ apart to mitigate the risk of a thermal event spreading among Project
components. In addition, all BESS facilities will be setback 100’ from the site boundary to minimize
the risk of fire spreading off-site.
The Applicant will also coordinate closely with the Harquahala Fire District throughout the
development process to ensure fire service to the Project and implement an emergency response
plan prior to operation.
10 | P a g e
9.2 Police Protection
The Applicant will coordinate with the Maricopa County Sheriff’s Office regarding protective
services.
9.3 Water and Wastewater Resources
The Project will not require the development of any new water or wastewater systems. As indicated
above, during operations, there will be two full-time employees on-site. The need for water will be
minimal, necessary only to meet employee needs at the O&M facilities. The wastewater generated
at the facility during operations is anticipated to be minimal and treated by an on-site restroom
facility supported by a septic system without needing permanent above or below-ground fixtures to
be installed.
9.4 Electric
Arizona Public Service (“APS”) is the electrical service provider for this area. The Applicant will
coordinate with electrical service providers in the area as needed throughout the construction and
operation of the Project.
10.0 Drainage and Grading
Preliminary On-Site and Off-Site Drainage Reports were prepared by Kimely-Horn to assess the
Subject Property’s stormwater drainage patterns and identify management practices that satisfy
Maricopa County requirements. The site is not located in a Special Flood Hazard Area. Existing
conditions consist of four (4) ephemeral washes running through the Project site which ultimately
drain into the Centennial Wash to the southeast. These off-site flows are proposed to be diverted
around the perimeter and back to the original drainage path through use of the on-site drainage
channels running along the Subject Property boundaries. The on-site development is proposed to
drain from southeast to northwest. Runoff generated on-site will be collected by the surface
retention basin located in the northwestern quadrant of the site and disposed of using drywells. The
entire Project is located within Federal Emergency Management Agency (FEMA) Zone X Flood
Hazard Zone Area or an area where the annual flood risk is between 1% and 0.2%.
To ensure the battery storage modules are properly waterproofed in the event of flooding, the
finished floor elevations for the piler foundations of the battery storage units will be a minimum of
14 inches above the ultimate site outfall.
11.0 Environmental Impacts
When the Project is fully operational, it is not anticipated that there will be any regular activities on
the site that will result in discernable off-site noise. The use of equipment for performing earthwork
and installation of facilities could temporarily produce noise that is noticeable off-site during
construction. Due to the remote location of the Project and presence of existing energy
infrastructure in the area, the Project will have minimal impacts related to noise.
11 | P a g e
The Applicant will use construction dust control measures as required by Maricopa County to limit
fugitive dust emissions from the site. Details of the construction dust control plan will be submitted
and approved under a separate permit through the Maricopa County Environmental Services
Department. Dust control measures will be supported in part by minimizing the areas requiring
ground disturbance and applying water, as necessary. The Project will not produce any noticeable
odors.
The Project is not expected to significantly affect the visual quality of the area because it is located
in an area with considerable existing energy generation facilities present, is on relatively flat desert
land, will have a low profile on the landscape, is several miles from the nearest population center,
and is located in an area that does not provide recreational opportunities or attract public
attention.
A Class III Cultural Resource Survey was completed by EPG (now Terracon) in July 2022. No
significant cultural, historical, or archeological resources were identified to be impacted on the
Subject Property. A subsequent no objection letter was provided by ASLD to the State Historic
Preservation Office (“SHPO”) on May 9, 2023. In the event cultural resources are encountered
during construction of the Project, the Project will comply with relevant policies and procedures to
avoid and minimize impacts. No sensitive species, critical habitats, or wildlife corridors were
identified on the Subject Property or in its vicinity requiring additional mitigation measures from
potential impacts of project construction or operation. Permeability through the site will be
retained for small wildlife by way of small gaps at the bottoms of the perimeter fencing between 6-8
inches where drainage features intersect with project boundaries.
12.0 Conformance with the Comprehensive Plan
The Subject Property is within the Tonopah/Arlington Area Plan (“Area Plan”) which is part of the
Maricopa County Vision 2030 Comprehensive Plan (“Comprehensive Plan”). Applicant is
submitting a Comprehensive Plan Amendment to change the Subject Property’s land use
designation within the Area Plan from Rural (0-1 du/ac) to Utilities. Upon approval, BESS operations
will be consistent with the land use designation and further the goals and policies of the
Comprehensive Plan consistent with A.R.S. 11-814(A). Conformance with specific goals and
policies within the Comprehensive Plan and Area Plan are as follows.
Area Plan Land Use Goal L.1: Promote efficient land development that is compatible with adjacent
land uses, is well integrated with the transportation system, and is sensitive to the natural
environment.
As discussed in previous sections, the proposed Project is compatible with surrounding land uses.
The majority of the surrounding land north, east, and south of the proposed Project site is
undeveloped ASLD land. Other than vacant property, much of the land to the immediate west of the
Project is devoted to utility uses such as solar projects, substations, and transmission lines. The
presence of the existing Delaney Substation and high-voltage transmission lines adjacent to the
Subject Property allows for the efficient interconnection of the Project to the regional grid. The land
to the east of the Project ascends on a gradual slope reaching a grade of over fifteen degrees, limiting
the development potential of other land uses.
12 | P a g e
The Project will have no long-term effects on the transportation system and will require very few
vehicle trips once constructed, nor will the Project significantly impact the environment.
Area Plan Land Use Objective L.2: Provide for a functional, efficient and cost-effective system of
utilities, facilities and services to serve county population and employment centers.
Once operational, this Project will provide up to 300 mega-watts of energy storage. For scale, this is
enough stored energy to power approximately 180,000 homes for a period of four (4) hours. As
industry throughout central Arizona continues to grow, battery energy storage reserves have become
increasingly necessary for utilities to continue to provide cost-effective and reliable power supplies
to consumers. This Project will store power from the Delaney Substation during periods of excess
energy production for later dispatchment when needed. The Subject Property is efficiently located
adjacent to the Delaney Substation to limit additional transmission line sprawl and away from urban
and employment centers that may be incompatible with the proposed land use.
Area Plan Land Use Objective L.3: 1) Provide sufficient public services for intensity of land use; 2)
Minimize conflicts between urban and rural land use.
Project operations will not require water and wastewater services, opting instead to utilize portable
restrooms for employee use at O&M facilities. The installation of permanent above or below-ground
water and wastewater infrastructure will not be required. Fire services are anticipated to be provided
to the Project by the Harquahala Fire District.
The Project presents no conflict between urban and rural land uses. The land to the east slopes
sharply upward, creating a natural barrier between the Project site and any urban or rural land uses
to the east.
Area Plan Transportation Goal T1: Provide an efficient, cost-effective, integrated, accessible,
environmentally sensitive, and safe countywide multi-modal system that addresses existing and
future roadway networks, as well as promotes transit, bikeways, and pedestrian travel.
Access onto Salome Highway to and from the Project will occur south of the Subject Property, remote
from residential and commercial developments or population centers within the Tonopah/Arlington
area. The low-traffic nature of the land use will not contribute to congestion of county thoroughfares.
Area Plan Environmental Goal E1: Promote development that considers adverse environmental
impacts on the natural and cultural environment, preserves highly valuable open space, and
remediates areas contaminated with hazardous materials.
The Project will have minimal impacts on the natural and cultural environment, and there is no highly
valued open space on the Subject Property. A Class III Cultural Resources Survey was conducted in
July 2022 that found no cultural sites, features, or artifacts on the Subject Property. The Project site
is not known to be contaminated with hazardous materials, and the BESS facilities will be designed
as an assembly of insulated containers, employing thermal suppression and alarm systems to
mitigate risk of ground contamination to the maximum extent possible.
Area Plan Environmental Goal E2: Improve air quality and minimize noise impacts.
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The proposed rezoning would be expected to result in improved air quality relative to fugitive dust
emissions. Air quality impacts from fugitive dust emissions from the Subject Property would occur
during construction but could be lessened from current conditions during operations by the
development of the Project. After development of the battery storage facilities, the presence of the
batteries would reduce wind velocities at ground level, and the ground surface could be treated as
needed to reduce potential fugitive dust. This practice could also reduce the amount of fugitive dust
from these lands that would affect local air quality. The Project will comply with all dust control
requirements of Maricopa County.
In addition, development of a battery energy storage facility would have a net general benefit to air
quality by reducing the need for alternative peaking generation sources with greater emissions. BESS
operations do not emit noxious fumes and will not result in an increase to existing noise levels in the
surrounding area.
Area Plan Environmental Objective E1: Encourage developments that are compatible with natural
environmental features and which do not lead to their destruction.
Area Plan Environmental Policy E1.1: In order to minimize impacts of hillside development,
the submittal of land development applications on lands with slopes of 15 percent or greater
should be discouraged.
The Project site is essentially flat, with slopes ranging from 0 to 5 percent that gently rise to
the east. Intensive excavation and grading that disrupt the natural topography of the land will
not be required. Although slopes to the northeast and southeast of the battery storage area
include steeper terrain with slopes ranging from 5 to 15 percent and greater, such areas are
beyond the Subject Property boundary and would not be impacted by development of the
Project.
Area Plan Environmental Policy E1.2: Encourage land uses and development designs that
are compatible with environmentally sensitive areas such as parks, open space, floodplains,
hillside, wildlife habitat, scenic areas, and unstable geologic and soil conditions.
Per figures contained within the Tonopah/Arlington Area Plan, the Subject Property does not
contain the environmentally sensitive areas listed below:
The Palo Verde-Saguaro, Saltbush, and Palo Verde-Cacti-Creosote vegetation
communities do not occur in the area.
The Saddle Mountain Preservation Area and the Palo Verde Hills do not cover the
Subject Property. This Project does not affect designated scenic areas or open space.
The Subject Property does not contain hillsides.
The Subject Property is not within the Arlington Wildlife Area.
There are no unstable geologic and soil conditions—according to Figure 9 of the
Tonopah/Arlington Area Plan, soils in the Project area are part of Gilman-Estrella
Avondale. The Gilman-Estrella Avondale Association is generally well drained with
nearly level to moderate sloping between zero to three percent.
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Area Plan Environmental Objective E2: Protect and preserve existing water resources and minimize
flood hazards.
The development will comply with stormwater management requirements and will not result in
detrimental impacts on water quality. Stormwater quality is expected to improve due to the
application of stormwater management practices and stormwater retention infrastructure as part of
the project. The Project site is not in a Special Flood Hazard Area.
Area Plan Environmental Policy E2.5: Encourage developments that maximize recharge of
groundwater supplies and utilize treated wastewater for water amenities and irrigation.
The Project will use very little water over its operational life. Water will primarily be used to
control fugitive dust emissions throughout construction and during operation as necessary.
The facility does not require significant staff, so substantial water will not be required on-site
for employee needs during operation. Sufficient water to meet employee needs will be
provided by water trucking services hauling water from off-site.
Area Plan Environmental Objective E3: Preserve existing habitat areas of threatened or endangered
wildlife and/or desert plant species.
The Subject Property is not located within any Palo-Verde Saguaro or Riparian habitat
Communities where development activities should be sensitive and/or limited. The Creosote
Community where the Subject Property is located is home to a bird variety of Mourning Dove,
Gambel Quail and Gila Woodpeckers that will not be disturbed by day-to-day energy storage
operations posed by the Project. The Subject Property is not located within the Arlington
Wildlife Area.
Area Plan Environmental Objective E4: Protect the County’s historical and archaeological
resources.
Area Plan Environmental Policy E4.1: Prior to development, excavation, or grading, require
that an applicant submit a letter from the Arizona State Historical Preservation Office stating
that the proposed land development will have no effect on historical and cultural resources.
No significant historical resources are expected on the Subject Property based on cultural
resource surveys. A Class III Cultural Resources Survey was conducted in July 2022 that
found no cultural sites, features, or artifacts on the Subject Property. A No-Objection Letter
was subsequently provided by ASLD to the State Historic Preservation Office (SHPO) in May
2023.
Area Plan Economic Development Goal ED1: Promote a growing, balanced, efficient, and
diversified economy, consistent with available resources, that enhances quality employment
opportunities, improves quality of life, and is sensitive to the natural and cultural environment.
Area Plan Economic Development Objective ED1: Permit major commercial and job employment
centers where the labor force and infrastructure exist or are expanding.
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The Project site is remote and lacks the infrastructure and development potential for commercial
and employment centers. Developing the battery storage use on this site leaves other lands
available in the Tonopah/Arlington Area that are developable for economic opportunities near
population centers and major transportation routes, where labor force and infrastructure are in
place.
Area Plan Economic Development Policy ED1.10: Encourage energy production industrial
contributions to occur within their surrounding community.
This Project will connect to the Delaney Substation to assist with managing grid loads,
smoothing out peaks in energy demand, and storing power to prevent outages. APS operates
the Delaney Substation and supplies power to residents and businesses throughout
Maricopa County who stand to benefit from additional grid reliability offered by this Project.
This Project will enhance the resiliency of the broader energy supply supporting industry
across central Arizona in providing an offtake for excess grid energy for later recall when
needed.
Comprehensive Plan Energy Goal #2: Make Maricopa County a leader in alternative energy
research and development.
Comprehensive Plan Energy Goal #3: Have balanced and efficient development patterns.
Comprehensive Plan Energy Policy #6: Maricopa County supports being a responsible
leader in alternative energy research and development.
Comprehensive Plan Energy Policy #7: Maricopa County supports efforts to assist
businesses and individuals with renewable energy options and energy conservation.
The proposed Project supports Comprehensive Plan Energy Goals and Policies by providing
an opportunity for new alternative energy development to support Arizona utilities’ complex,
modern-day power portfolios. BESS technology has emerged in recent years as essential to
utility grid operations when integrating intermittent, renewable resources such as wind and
solar. Rather than relying on traditional natural gas peaking plants, battery energy storage
components interconnected to the utility grid can offtake excess power when customer
demand is low and store that energy for future dispatchment when needed. Through bridging
periodic gaps in intermittent resource generation and high consumer demand, this BESS
Project supports Maricopa County efforts to ensure renewable energy resources are
harnessed and made available for consumers to the maximum extent possible.
From a land-use perspective, strategically locating this Project near ample existing and
planned energy infrastructure presents a balanced, efficient development pattern that will
not disrupt County population centers. The Project’s adjacency to the Delaney Substation
only requires a 0.4-mile gen-tie line to facilitate energy storage operations from a major
regional substation, minimizing the need for additional transmission infrastructure sprawl
throughout Maricopa County. This proximity also limits inefficient energy losses that occur
when energy is transmitted over long distances.
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13.0 Conclusion
This Zone Change with Overlay request is necessary to accommodate the proposed battery storage
use near existing energy transmission infrastructure and planned energy generation development.
Further, the Project’s distance from population centers ensures minimal disruption to County
residents and makes beneficial use of land that might otherwise lie vacant. From this remote
location with significant existing utility infrastructure, this Project will provide critically needed
storage capacity to support power grid operations throughout Maricopa County.
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SEC 25
SEC 36
Power when you need it
BRIGHTNIGHT
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BRIGHTNIGHT
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SEC 25
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Power when you need it
BRIGHTNIGHT
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Power when you need it
BRIGHTNIGHT
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Power when you need it
BRIGHTNIGHT
3
DOUBLE SWING GATE DETAIL
7
5
6
MUSHROOM ANCHOR DETAIL
GATELOCK ASSEMBLY DETAIL
GATE HOLDER FOUNDATION DETAIL
1 TYPICAL FENCING DETAIL
GATE FACE
2
GATE SIGNAGE
10'-0"
MAX SPACING
24' PER NOTES ON SITE PLAN
7'-0"
12'-0"
2" MAX
VERIFY WITH SITE PLAN
2" MAX
1.
TO BE PLACED AT ALL ENTRANCE GATES TO
THE SITE
2.
SIGN BACKING TO BE REFLECTIVE SHEETING,
ASTM TYPE I REFLECTIVE SHEETING ALSO
KNOWN AS ENGINEER GRADE SCOTCHLITE OR
BETTER
3.
MINIMUM TEXT HEIGHT TO BE 1"
4.
GATE SIGNAGE TO BE POSTED EVERY 100'
ALONG THE FENCE PERIMETER
PHONE
XXXX
FACILITY OPERATOR
ACCESS ONLY
PRIVATE AND EMERGENCY
XXX.XXX.XXXX
NOTES:
18" MIN
12" MIN
1" MIN
MUSHROOM TYPE
POST PLUNGER
ANCHOR
GATE PLUNGER ROD
2" (MIN)
3" (MAX)
1'-0"
(TYP)
2'-0"
GATE LEAF
GATE LEAF
3 8" HOLES (TYP.)
1"
1"
7 3/4"
9 1/2"
4
METAL MUSHROOM
STOP INSTALL WITH
SLOT PARALLEL WITH
CLOSED GATES
FINISHED GRADE
4'-6" MIN
LOCKING BAR
3/8" CARRIAGE
BOLT (TYP.)
SLEEVES
"STYMIELOCK" MULTI LOCKING DEVICE OR
APPROVED EQUAL
1. DRILL 3/8" HOLES IN THE GATE LEAF USING THE GATE DIMENSIONS PROVIDED.
2. SLIDE THE CARRIAGE BOLTS IN THE SLOTS ON THE BACK OF PART "B" AND PUSH THE BOLTS
THROUGH THE HOLES DRILLED IN THE GATE FIGURE. PUT THE NUT AND THE LOCKNUT ON AND
TIGHTEN AND CUT THE EXCESS BOLT OFF. DO THE SAME WITH PART "A".
3. ADD THE NUMBER OF SLEEVES NEEDED FOR THE NUMBER OF LOCKS AND SLIDE THE LOCKING
BAR INTO PLACE THROUGH BOTH PART "A" AND PART "B". NOW INSTALL THE LOCKS.
4. IF THE GATE HAS NO CENTER BAR IN THE GATE LEAF YOU MAY NEED TO MOUNT THE
STYMIELOCK VERTICALLY USING THE SAME DIMENSIONS GIVEN ON THE GATE FACE.
5. VERTICAL APPLICATION MAY ALSO BE USED ON SLIDING GATES WITH MULTIPLE LOCKS.
PART "A"
PART "B"
GATE LOCK ASSEMBLY
STYMIELOCK INSTALLATION
THREE STRAND BARBED WIRE
TIE WIRE AND
TENSION WIRE
TERMINAL POST
(PULL, END OR
CORNER POST)
BRACE POST
LINE POST
GATE POST
BRACE RAIL
DIAGONAL ROD
TIE WIRE AND
TENSION WIRE
BRACE RAIL
DUCKBILL GATE
HOLDER
BRACE RAIL
DIAGONAL ROD
WELDED GATE
FRAME
KNOX BOX
STYMIELOCK
SEE DETAIL 7
STRETCHER BAR
GATE SIGNAGE
SEE DETAIL 2
TERMINAL POST,
SEE SCHEDULE
LINE POST,
SEE SCHEDULE
GATE POST,
SEE SCHEDULE
THREE STRAND BARBED WIRE
GATE POST
DUCKBILL GATE
HOLDER
STYMIELOCK
SEE DETAIL 7
DIAGONAL ROD
BRACE RAIL
WELDED GATE
FRAME
GATE POST
DRIVEN GATE
POST (TYP),
SEE SCHEDULE
8'-0"
DUCKBILL GATE
HOLDER
7'-0"
CONCRETE
DETAILS
PROVIDE AND INSTALL 2-1"Ø
POINTED STEEL PINS X 18" LONG
SCREED FINISH BOTTOM.
ALL OTHER SURFACES TO
BE FROM FINISH
4-#4X5'-9"
FOR 6' WHEELSTOP
8
3" PRECAST CONCRETE WHEEL STOP
AGGREGATE ROAD SECTION - ACCESS ROAD
NOTES:
20' OR 24'
1.
REMOVE ALL GRASSES AND ORGANICS WITHIN ACCESS ROAD AREA.
2.
COMPACTION SHALL BE VERIFIED BY TESTING BY THE GEOTECHNICAL CONSULTANT.
3.
ROADWAY STANDARDS AND MINIMUM CROSS SLOPES SHALL MEET THE REQUIREMENTS OF
THE FINAL GEOTECHNICAL REPORT.
NOTES:
EXISTING
GRADE
EXISTING NATIVE SOIL TO BE SCARIFIED,
MOISTURE CONDITIONED AND RE-COMPACTED
TO A MINIMUM DENSITY OF 95%.
GRAVEL SURFACE
10"
MIN
4"
MIN
GRAVEL SURFACE. MOISTURE
CONDITIONED AND COMPACTED TO A
MINIMUM DENSITY OF 95%.
FINISHED
GRADE
FINISHED
GRADE
1' MIN.
D50 = 6" RIPRAP
PROFILE VIEW
INSTALL MIRAFI 140N
FILTER FABRIC OR
EQUIVALENT
FILTER FABRIC SHALL
CONFORM TO SEC 796 OF MAG
SPECIFICATIONS, CLASS A.
RIP RAP SHALL CONFORM TO
SECTION 220 OF THE MAG
STANDARDS: RIP RAP
CONSTRUCTION. RIP RAP SHALL BE
ANGULAR.
2.
1.
RIP RAP NOTES:
PERCENT OF GRADATION
SMALLER THAN
100
85
RIPRAP GRADATION TABLE
STONE SIZE RANGE
[FT]
1.5*D50 TO 1.7*D50
1.2*D50 TO 1.4*D50
50
15
1.0*D50 TO 1.15*D50
0.4*D50 TO 0.6*D50
0
< 0.4*D50
4
18"
4
12"
4
6", 8", 9"
TYPE I
TYPE II
4
4
6
NOTE: TYPE I AND II ARE BOTH REQUIRED.
TYPE II (1)
TYPE I (1)
STANDARD SIEVE SIZE
3 INCHES
-
90 TO 100
1 1/2 INCHES
-
-
3/4 INCH
-
20 TO 90
3/8 INCH
100
-
#4 (4.75 MM)
95 TO 100
0 TO 20
#16 (1.18 MM)
-
45 TO 80
0 TO 2
0 TO 3
#200 (0.075 MM)
-
2 TO 10
#100 (0.15 MM)
-
10 TO 30
#50 (0.30 MM)
(1) PERCENT PASSING BY WEIGHT
GRADATION FOR GRAVEL
BEDDING/RIP RAP FILTER
N.T.S.
RIP RAP BEDDING THICKNESS AND
GRADATION TABLES
THICKNESS REQUIREMENTS FOR
GRAVEL BEDDING/RIP RAP FILTER
MINIMUM BEDDING
THICKNESS, INCHES
RIP RAP CLASSIFICATION
N.T.S.
RIP RAP APRON DETAIL
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SEC 25
SEC 36
Power when you need it
BRIGHTNIGHT
H
FENCE POST SCHEDULE - 8 FT CHAIN LINK FENCE
FOUNDATION
TYPE B
DRIVEN
FENCE POST NOTES
1. CONTRACTOR MAY ELECT TO USE FENCE POSTS IN ACCORDANCE
WITH ASTM F1083, SCHEDULE 40 OR ASTM F1043, GROUP C AS LISTED
IN THE PIPE DIMENSIONS TABLE.
2. FOUNDATIONS SHALL BE TYPE A - CONCRETE, UNLESS NOTED
OTHERWISE AND APPROVED BY THE ENGINEER.
2.1.
CONCRETE STRENGTH SHALL BE A MINIMUM 2500 PSI.
2.2.
TOPS OF CONCRETE FOUNDATIONS TO BE CROWNED AND 1"
ABOVE FINISHED GRADE.
2.3.
DEPTH SHALL BE AS SHOWN IN THE FENCE POST SCHEDULE OR 6"
BELOW FROST DEPTH, WHICHEVER IS GREATER.
3. SOIL AROUND FOUNDATIONS SHALL BE UNDISTURBED OR REGRADED
AND COMPACTED TO 95% PROCTOR.
H
D
6"
FOUNDATION
TYPE A
CONCRETE
PIPE DIMENSIONS
NPS
(NOMINAL
PIPE SIZE)
OUTSIDE
DIAMETER
ASTM F1083
SCHEDULE 40
FY= 30 KSI
ASTM F1043
GROUP 1C
FY= 50 KSI
PIPE WALL
THICKNESS (IN)
PIPE WALL
THICKNESS (IN)
1-14"
1-5 8"
0.140
0.111
1-12"
1-7 8"
0.145
0.120
2"
2-3 8"
0.154
0.130
2-12"
2-7 8"
0.203
0.160
3"
3-12"
0.216
0.160
3-12"
4"
0.226
0.160
4"
4-12"
0.237
N/A
5"
5-916"
0.258
N/A
6"
6-5 8"
0.280
N/A
FENCE POST SCHEDULE
FENCE POST
NOMINAL
PIPE SIZE
(NPS)
FOUNDATION
TYPE A
FOUNDATION
TYPE B
H
D
H
LINE POST
2"
3'-6"
0'-10"
3'-6" MIN
TERMINAL/BRACE POST
(REQUIRES CONCRETE FOOTING
- FOUNDATION TYPE A)
2-1/2"
3'-6"
1'-2"
N/A
GATE POST - VEHICLE
(REQUIRES CONCRETE FOOTING
- FOUNDATION TYPE A)
3-1/2"
4'-0"
1'-4"
N/A
GATE POST - PEDESTRIAN
2-1/2"
3'-6"
1'-2"
4'-0" MIN
BRACE RAIL
N/A
-
-
-
WELDED GATE FRAME
N/A
-
-
-
GENERAL NOTES
1.
STATE AND LOCAL STANDARDS AND SPECIFICATIONS
PERTAINING TO A SPECIFIC SITE TAKE PRECEDENCE
OVER THIS DRAWING.
2.
SITE CONDITIONS SHALL MEET THE MINIMUM CRITERIA
SPECIFIED IN THIS DRAWING. CONTRACTOR SHALL
NOTIFY ENGINEER IF THERE ARE DISCREPANCIES WITH
EXISTING SITE CONDITIONS.
3.
FABRIC SHALL BE 8' HIGH CHAIN LINK, 9 GA. 2" DIAMOND
MESH, GALVANIZED 1.2 OZ ZINC. SELVAGE: KNUCKLE
BOTTOM, TWIST TOP.
4.
DIAGONAL ROD: 3/8" ROD WITH GALVANIZED STEEL
TURNBUCKLE OR DIAGONAL THREADED ROD.
5.
STRETCHER BAR: 3/16" X 3/4" (MIN.) FULL HEIGHT.
6.
TIE WIRE: 10 GA. STEEL. A SINGLE WRAP OF FABRIC TIE
AND AT TENSION WIRE BY HOG RINGS SPACED 12" O.C.
POSTS/GATES AND 16" RAILS/WIRE.
7.
TENSION WIRE: 7 GA. COIL SPRING TENSION WIRE.
INSTALL FENCING PER ASTM F-567.
8.
BARBED WIRE: CLASS 1 BARBED WIRE. 3-STRANDS 12-12
GA. BARBS SPACED ON APPROXIMATELY 5" CENTERS.
9.
INSTALL SWING GATES PER ASTM F-900.
10.
ALL GATE FRAMES SHALL BE WELDED. ALL WELDING
SHALL BE COATED WITH (2) COATS OF X-O RUST
PROFESSIONAL ALUMINUM PAINT.
11.
ALL PIPE AND FENCE HARDWARE SHALL BE GALVANIZED
IN ACCORDANCE WITH ASTM-A123 AFTER FABRICATION.
12.
ALL OPEN POSTS SHALL HAVE END-CAPS.
13. INTERMEDIATE POST ASSEMBLIES SHALL BE SPACED AT
500' INTERVALS OR MIDWAY BETWEEN PULL POSTS
WHEN THE DISTANCE BETWEEN SUCH POSTS IS LESS
THAN 1,000' AND MORE THAN 500'.
14.
THE POSTS AND HARDWARE OUTLINED IN THIS DRAWING
ARE A MINIMUM SIZE FOR NON-SLATTED FENCE. LARGER
OR HEAVIER POSTS AND HARDWARE SIZES MAY BE
USED UPON APPROVAL. SLAT USED FOR VISUAL
SCREENING MUST BE APPROVED BY THE ENGINEER
PRIOR TO INSTALLATION.
15. USE GALVANIZED HOG-RING WIRE TO MOUNT ALL SIGNS.
16.
ALL SIGNS MUST BE MOUNTED ON INSIDE OF FENCE
FABRIC.
17. MUSHROOM ANCHOR & PLUNGER REQUIRED FOR GATE.
18.
GENERAL CONTRACTOR IS RESPONSIBLE FOR GATE
LOCK.
19.
THE KNOX BOX SHALL BE LOCATED AT OR NEAR THE
RECOGNIZED PUBLIC ENTRANCE TO THE PROPERTY.
20. IN NO CASE SHALL THE KNOX BOX BE LOCATED AT A
HEIGHT OF LESS THAN FOUR (4) FEET FROM THE
GROUND OR MORE THAN SIX (6) FEET FROM THE
GROUND; ALL OTHER LOCATIONS FOR THE KNOX BOX
SHALL BE APPROVED BY THE FIRE MARSHALL.
21. PROVIDE ACCESS KEYS TO THE FIRE MARSHALL TO BE
SECURED INTO THE KNOX BOX. A SEPARATE KEY SHALL
BE PROVIDED TO THE POLICE CHIEF, A SEPARATE
SUB-MASTERED KEY SHALL BE PROVIDED TO THE CHIEF
OF POLICE, AND A SEPARATE KEY TO THE DIRECTOR OF
THE EMERGENCY MEDICAL SERVICES.
22. REFER TO ELECTRICAL PLANS FOR GROUNDING
DETAILS.
23. CONCRETE FENCE/GATE POST FOOTINGS SULFATE
CORROSION EXPOSURE CLASS PER ACI 318 ACCORDING
TO GEOTECH/CORROSION REPORT CITED ON COVER
SHEET OF THIS PLAN SET: S0 (SEVERELY CORROSIVE)
MIN STRENGTH: 2500 PSI MINIMUM CEMENT RATING:
TYPE V
DETAILS
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GRADING AND DRAINAGE NOTES
GRADING AND DRAINAGE PLAN
RETENTION CALCULATIONS:
BASIS OF BEARINGS
BENCHMARK
DISPOSAL CALCULATIONS:
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GRADING AND DRAINAGE PLAN
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CROSS SECTION
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdi vi sio n@mari co pa.go v
esd.mar i co pa.go v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the Desert Sands Battery Storage planning case(s). Please note the following MCESD
requirements for site development:
Onsite Wastewater –
Projects/sites seeking entitlement for site development and use of sanitary facilities require
connection to a gravity sewer system or permitted onsite wastewater treatment (septic)
facilities to support the development.
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic)
system is required for any construction. Application must be submitted to the MCESD
Onsite Wastewater Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
Setback requirements must be maintained per Arizona Administrative Code, Title 18,
Chapter 9, Article 312, C (Features Requiring Setbacks).
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
Additional Notes –
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. 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 current regulations at the time of application.
Project Name: Desert Sands Battery
Storage
Primary Contact Name: Mitchell Willard
Planning Application Type: Zone Change
with Overlay
APN(s):
Reviewer: Ryan Hall, P.E.
Email: Ryan.Hall@maricopa.gov
Phone: 602-918-1241
Planner Name: Joseph Mueller
Planning Case #: Z240004
Date: July 23, 2024
Water and Waste Management Division
Doug Jones, P.E., CFM
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-0790
www.maricopa.gov/planning
Email address:
Doug.Jones@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
September 06, 2024
Memo To:
Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joseph Mueller, Planner, Planning & Development Services
cc:
Bob Fedorka, PE, Engineering Manager, Planning & Development
From:
Doug Jones, PE, CFM, Engineering Supervisor, Planning &
Development
Subject:
Z240004 – Desert Sands BESS Zone Change w/POD
APN(s):
N/A – east of 506-31-006D (State Trust Land)
Engineering Review has reviewed the Version 2 submittal routed for review on
08/27/2024, for the subject application and has No Objections subject to the following
stipulations:
1. 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.
All plans and reports should be developed and formatted to document that
the project is designed to meet all County regulations, ordinances and design
standards.
It is incumbent upon the engineer to demonstrate compliance with all
regulatory requirements and County design standards.
Please contact me with any questions.
DRAINAGE PLAN REVIEW REFERENCES:
The Drainage Regulations are listed in Section 1205 of the MCZO:
https://www.maricopa.gov/documentcenter/view/272
Maricopa County Drainage Policies and Standards Manual:
https://www.maricopa.gov/DocumentCenter/Home/View/2369
For Additional Information See:
https://www.maricopa.gov/1635/Drainage-Review
Page 2 of 2
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES:
Floodplain Regulations for Maricopa County:
https://www.maricopa.gov/DocumentCenter/View/630
For Additional Information See:
https://www.maricopa.gov/3847/Flood-Control-District
PND TRANSPORTATION REFERENCES:
Residential Driveway Guidelines
https://www.maricopa.gov/documentcenter/view/362
Roadway Design Manual
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883
Maricopa County Resolution for ROW Permits
https://www.maricopa.gov/documentcenter/view/364
For Additional Information See:
https://www.maricopa.gov/156/MCDOT
Abbreviations Key:
Drainage:
DD =
Department Directive (See: http://www.maricopa.gov/1911/Department-
Directives)
MCZO =
Maricopa County Zoning Ordinance
DPSM =
Maricopa County Drainage Policies and Standards
SSA =
State Standard Attachment
DDMV1=
Maricopa County Drainage Design Manual – Hydrology
DDMV2 = Maricopa County Drainage Design Manual – Hydraulics
Flood Control:
FRMC =
Floodplain Regulations for Maricopa County
PND Transportation:
RDM =
MCDOT Roadway Design Manual
RDG =
MCDOT Residential Design Guidelines
MSRP =
MCDOT Major Streets and Routes Plan
August 6, 2024
Mr. Joseph Mueller
Maricopa County Planning and Development
201 West Jefferson Street
Phoenix, Arizona 85003
Electronically submitted to: Joseph.Mueller@maricopa.gov
RE:
Desert Sands Battery Storage Project
Dear Mr. Mueller:
The Arizona Game and Fish Department (Department) appreciates the opportunity to review the
Desert Sands Battery Storage Project. The Department understands that BrightNight Power and
Cordelio Power propose to construct a 300 MW battery energy storage system (BESS) and
associated infrastructure on approximately 26 acres of Arizona State Land Department (ASLD)
lands near Tonopah in Maricopa County, Arizona. The facility will be located north of Saddle
Mountain in primarily undeveloped Sonoran desert scrub. An approximately 0.4-mile 500 kV
generation intertie (gen-tie) transmission line would connect the facility to the Delaney
Substation.
Under Title 17 of the Arizona Revised Statutes, the Department, by and through the Arizona
Game and Fish Commission (Commission), has jurisdictional authority and public trust
responsibilities to conserve and protect the state fish and wildlife resources. In addition, the
Department manages threatened and endangered species through authorities of Section 6 of the
Endangered Species Act and the Department’s Section 10(a)(1)(A) permit. It is the mission of
the Department to conserve and protect Arizona's diverse fish and wildlife resources and manage
for safe, compatible outdoor recreation opportunities for current and future generations.
The Department recognizes the importance of planning efforts to develop energy storage
facilities that contribute to regional and state economic growth needs for renewable energy. The
Department
recognizes
that
appropriate
coordination,
proper
planning,
and
voluntary
implementation of best management practices allow projects to be developed that avoid,
minimize, or offset potential impacts to wildlife and recreational access during development,
maintenance, and operation of the facilities. For your consideration, the Department provides the
following general and preliminary comments based on the agency's statutory authorities, public
trust responsibilities, and special expertise related to wildlife resources and recreation.
Additionally,
please
refer
to
the
attached
Online
Environmental
Review
Tool report
Desert Sands Battery Storage Project
August 6, 2024
Page 2
(HGIS-22545) for recommendations on fencing, artificial lighting, actions that could be taken to
reduce the spread of invasive species, and trenching.
●
The project site falls within the 10(j) recovery area for the endangered Sonoran
Pronghorn. If pronghorn are detected during project activities, please notify the U.S. Fish
and Wildlife Service (USFWS) and the Department’s Sonoran Pronghorn Program Lead
1
(rgardner@azgfd.gov) as soon as possible.
●
The Sonoran desert tortoise, which is a federal and state species of special concern, has
been documented within 3 miles of the project area. The Department recommends
conducting surveys, in accordance with the Desert Tortoise Survey Guidelines for
Environmental Consultants , to determine the presence of this species or its habitat. If
2
tortoises are identified, please refer to and implement the Recommended Standard
Mitigation Measures for Projects in Sonoran Desert Tortoise Habitat and Guidelines for
3
Handling Sonoran Desert Tortoises Encountered on Development Projects .
4
●
The western burrowing owl, a special status species that is regulated under the Migratory
Bird Treaty Act (MBTA), may be present in the vicinity of the project. If suitable habitat
for this species is present within or adjacent to the project area, the Department
recommends conducting an occupancy survey for western burrowing owls to determine if
this species occurs within the project footprint. Guidelines for conducting this survey are
found in Burrowing Owl Project Clearance Guidance for Landowners . Please note that
5
the survey should be conducted by a surveyor who is certified by the Department or has
similar training and qualifications. If an active burrowing owl burrow is detected, please
contact the Department and the USFWS for direction, in accordance with the Guidelines.
●
The Department also recommends conducting surveys for nesting birds prior to
vegetation removal and/or construction activities that occur during the breeding season.
The vegetation within the project area may provide nesting opportunities for avian
species that are regulated under the MBTA. If it is anticipated the project will not be in
compliance with MBTA, the Department recommends contacting the USFWS for
technical assistance. Additional clearance surveys for Bendire’s and LeConte’s thrashers,
two bird species of conservation concern, are recommended; a draft protocol from the
Desert Thrashers Working Group is available online.
6
●
Burrowing mammals could occur within the project area and could be influenced by
construction activities and by loss of habitat. Surveys for these species are recommended
to determine their presence and to inform pre-construction activities. Department staff are
available to assist in identifying suitable conservation measures, such as one-way
exclosures on burrows that allow wildlife to exit the burrows and disperse to adjacent
lands in advance of construction.
6 https://borderlandsbirds.org/projects/desert-thrasher/
5 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/nongame/eagles/BurrowingOwlClearanceProtocol_
2009.pdf
4 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/2014%20Tortoise%20handling%20guidelines.pdf
3 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/MitigationMeasures.pdf
2 https://s3.amazonaws.com/azgfd-portal-wordpress/PortalImages/files/wildlife/2010SurveyguidelinesForConsultants.pdf
1 https://www.fws.gov/office/arizona-ecological-services/contact-us
Desert Sands Battery Storage Project
August 6, 2024
Page 3
●
The Department recommends designing power lines and substations to be bird safe by
following standards established by the Avian Power Line Interaction Committee (APLIC)
for new powerlines, which can be found in Suggested Practices for Avian Protection on
Power Lines: The State of the Art in 2006 and Reduced Avian Collisions with Power
7
Lines: The State of the Art in 2012 . Birds of prey, such as raptors, owls, vultures, and
8
eagles, are vulnerable to powerline strikes and electrocution during construction and
operation of transmission lines and substations; power poles can also serve as perches for
birds of prey. The Department’s Raptor Coordinator can provide further information on
specific design features and best management practices; and can be contacted at
raptors@azgfd.gov or 623-236-7575.
●
The information provided indicates that the project includes drainage improvements and
on site retention as needed. Department staff remain available to assist in identifying
potential impacts to wildlife and conservation measures to minimize potential impacts in
development or construction of erosion structures. As an example, rip-rap is difficult for
many species to traverse. If rip-rap is required for the construction of on-site retention
basins or large-scale drainage needs, burying and back-filling with topsoil or other
substrate would allow wildlife to move through the basins.
●
Artificial lighting could impair the ability of nocturnal animals to navigate (e.g., owls,
migratory birds, bats, and other nocturnal mammals) and may affect wildlife behavior
and populations (Davies et. al. 2013 ). The Department recommends using only the
9
minimum amount of light needed for safety. If feasible, “warmer” narrow spectrum
lighting (amber, orange, red) is wildlife-friendly and should be used as often as possible
to minimize the number of species affected by lighting. It is also beneficial that all
lighting is shielded, canted, or cut to minimize the amount of upward shining light.
●
To minimize the potential introduction or spread of exotic invasive species, including
aquatic and terrestrial plants, animals, insects, and pathogens, the Department encourages
taking precautions to wash and/or decontaminate equipment before entering and leaving
the site. See the Arizona Department of Agriculture website
for a list of prohibited and
10
restricted noxious weeds and the Arizona Native Plant Society
for recommendations on
11
how to control them. To view a list of documented invasive species or to report invasive
species in or near the project area, visit iMapInvasives , which is a national cloud-based
12
application for tracking and managing invasive species.
●
The Department recommends revegetating disturbed areas with native drought-tolerant
species that represent the natural surrounding landscape. Landscaping with native plants
can help support wildlife and pollinator species in the area while reducing dust and
erosion. In addition, the applicable land management agencies should be consulted
regarding guidelines for revegetation efforts.
12 https://imap.natureserve.org/imap/services/page/map.html
11 https://aznps.com/invas
10 https://agriculture.az.gov/pestspest-control/agriculture-pests/noxious-weeds
9 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3657119
8 https://www.aplic.org/uploads/files/15518/Reducing_Avian_Collisions_2012watermarkLR.pdf
7 https://www.aplic.org/uploads/files/2643/SuggestedPractices2006(LR-2).pdf
Desert Sands Battery Storage Project
August 6, 2024
Page 4
Thank you for the opportunity to provide input on the Desert Sands Battery Storage Project. For
further coordination, please contact Jessica Potter at j.potter@azgfd.gov or 623-236-7618.
Sincerely,
Renee Wilcox
Habitat, Evaluation, and Lands Branch Chief
cc:
Ginger Ritter, Project Evaluation Program Supervisor
Teigan Williams – Habitat, Evaluation, and Lands Program Manager, Region IV
AZGFD #M24-07021819
1
Joseph Mueller (PND)
From:
Bernadette Martinez <bmartinez@azdot.gov>
Sent:
Tuesday, July 2, 2024 3:33 PM
To:
Joseph Mueller (PND)
Cc:
Peggy Fehlman
Subject:
CPA240002, Z240004 DESERT SANDS BATTERY STORAGE PROJECT 467TH AVE AND
NORTH OF SALOME AVE
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
RE: Notice Number: CPA240002, Z240004
Case Name: DESERT SANDS BATTERY STORAGE PROJECT
APN:
Subject Address: 467TH AVE AND NORTH OF SALOME AVE
Thank you for the notification of the above-referenced proposed development.
ADOT is neutral on this matter. As such, ADOT has no concerns or comments.
ADOT traffic engineering may offer additional comments, it is recommended that the developer ascertain if a
traffic study or permit will be necessary. We appreciate receiving the notice, and the opportunity to review
and comment. I am happy to assist with any other questions or concerns.
Bernadette Martinez
Transportation Construction Technician IV
Central District
2140 W. Hilton Ave, MD 700
Phoenix, AZ 85009
602.712.2086
To help
protect your
privacy,
Micro so ft
Office
prevented
auto matic
download of
this picture
from the
Internet.
On Tue, Jul 2, 2024 at 2:24 PM Joseph Mueller (PND) <Joseph.Mueller@maricopa.gov> wrote:
Good afternoon,
We have received a requested comprehensive plan amendment and corresponding zone change with overlay request
to change the land use designation of about 26 acres from rural densities to utilities (Tonopah/Arlington Area Plan) and
the zoning from Rural – 43 to IND-2 IUPD to facilitate a battery energy storage system.
The TAC for both cases will be held on August 6th, 2024.
2
Please let me know if you have any comments, questions, or concerns.
Kind regards,
Joseph Mueller
PLANNING & DEVELOPMENT
301 W Jefferson St Phoenix, AZ 85003
Planner
O: 602-506-7629
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube
1
Joseph Mueller (PND)
From:
JAMES, MARK C CIV USAF AETC 56 FW/CVE <mark.james.14@us.af.mil>
Sent:
Wednesday, July 10, 2024 4:22 PM
To:
Joseph Mueller (PND)
Cc:
56 FW/CIT Community Initiative; BINKLEY, ERIC S CIV USAF AETC 56 FW/CVE
Subject:
RE: CPA240002 and Z240004 - Desert Sands Battery Storage Project
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
Hi Joseph,
Thank you for allowing Luke AFB to make comments on the Desert Sands Battery Storage Project.
As described in the application, this request will not have a negative impact on Luke AFB Flight Operations. Since
the site will be located inside the “territory in the vicinity of a military airport,” it will be subjected to approximately
165 over flights per day.
Respectfully,
Mark James
Deputy Director, Community Initiatives Team
56th Fighter Wing
Luke AFB AZ 85309
Office: 623-856-6175
DSN: 896-6175
From: Joseph Mueller (PND) <Joseph.Mueller@Maricopa.Gov>
Sent: Tuesday, July 2, 2024 2:23 PM
To: tvcc.events@gmail.com; dmheister1@aol.com; ronsatt@ev1.net; Paul Roetto <proetto1950@gmail.com>; Tyler
Williford <twilliford@azgfd.gov>; Teigan Williams <tstruck@azgfd.gov>; Gerardo Ramirez <gramirez@azdot.gov>;
redletter@azdot.gov; Philip Hilliker (MCSO) <P_Hilliker@MCSO.maricopa.gov>; 56 FW/CIT Community Initiative
<56FW.CIT.CommunityInitiative@us.af.mil>; Scott Wilken <swilken@azmag.gov>; kcotner@azmag.gov; pe@azland.gov;
Project Evaluation Program - Game and Fish <pep@azgfd.gov>; tsprague@azgfd.gov; agarza@azmag.gov; Frank
McWilliams (MCSO) <FrankMcWilliams@MCSO.maricopa.gov>; dkrantz@citytocitycre.com; jgarcia@azdot.gov;
bfenske@azdot.gov
Subject: [Non-DoD Source] CPA240002 and Z240004 - Desert Sands Battery Storage Project
Good aŌernoon,
We have received a requested comprehensive plan amendment and corresponding zone change with overlay request to
change the land use designaƟon of about 26 acres from rural densiƟes to uƟliƟes (Tonopah/Arlington Area Plan) and the
zoning from Rural – 43 to IND-2 IUPD to facilitate a baƩery energy storage system.
The TAC for both cases will be held on August 6th, 2024.
Please let me know if you have any comments, quesƟons, or concerns.
2
Kind regards,
Joseph Mueller
PLANNING & DEVELOPMENT
301 W Jefferson St Phoenix, AZ 85003
Planner
O: 602-506-7629
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube
RESOLUTION OF AMENDMENT
Maricopa County Board of Supervisors
Vision 2030, Maricopa County Comprehensive Plan
Resolution Amending the Maricopa County Comprehensive Plan –
- Tonopah / Arlington Area Plan
Case Number: CPA240002
November 6, 2024
BE IT RESOLVED by the Maricopa County Board of Supervisors as follows:
WHEREAS, Maricopa County adopted its Comprehensive Plan and the
Tonopah / Arlington Area Plan in accordance with Arizona Revised
Statutes to help bring about coordinated physical development
consistent with the present and future needs of Maricopa County; and
WHEREAS, Maricopa County recognizes the importance of having a
comprehensive plan amendment process so that this plan can be
responsive and flexible to meet the changing conditions of Maricopa
County; and
WHEREAS, Maricopa County has procedures to determine when
comprehensive plan amendments are necessary, how comprehensive
plan amendments are processed, and at what point comprehensive
plan amendments can be presented at a public hearing by the Board of
Supervisors, upon recommendation by the Planning and Zoning
Commission; and
WHEREAS, Arizona Revised Statutes requires that amendments to the
Comprehensive Plan be approved by resolution of the Board of
Supervisors; and
WHEREAS, the Maricopa County Board of Supervisors has carefully
considered this comprehensive plan amendment, has held a public
hearing regarding this comprehensive plan amendment, and finds that
this
comprehensive
plan
amendment
constitutes
an
overall
improvement to the Maricopa County Comprehensive Plan the
Tonopah / Arlington Area Plan, and to Maricopa County in general.