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March 13, 2024 Z2023119 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: March 13, 2024 Case #/Title: Z2023119 – AES Westwing 2 Supervisor District: 4 Applicant/Owner: Benjamin Graff, Quarles & Brady LLP / HRL-Peoria, LLC Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD Site Location: Generally located at the SEC of Happy Valley Road and El Mirage Road in the Peoria area Site Size: Approximately 8.87 acres County Island Status: N/A Additional Comments: The applicant is requesting this zone change to entitle the third phase of the AES Westwing project, a battery energy storage system (BESS) facility. Two previous phases of the project have already received entitlements per BOS approval of case Z2020093, which rezoned adjacent parcels to the east and south to IND-2 IUPD. Plans of development (PODs) were subsequently approved administratively. These first two phases are currently under construction. The applicant has submitted a POD for this third phase of the project as well, per case Z2023118. Administrative approval of this POD will be contingent upon prior BOS approval of this zone change request. The property is located within a county island enclosed by the cities of Peoria and Surprise, and is within the City of Peoria Municipal Planning Area. The Peoria General Plan designates the site for “Employment Business Commerce” land uses. Likewise, the White Tank / Grand Avenue Area Plan designates the site for “Mixed Use Employment.” The applicant complied with the requirements of the citizen review process. Since the nearest existing residences are just beyond 300’ from the site, the applicant voluntarily increased their outreach to properties within 500’. To date, staff has received one letter of opposition from a resident in the nearby Coldwater Ranch subdivision located northwest of the property across Happy Valley Road. The resident’s property is located outside the required 300’ March 13, 2024 Z2023119 Page 2 of 3 buffer surrounding the property, but within the 500’ notification area offered by the applicant. The resident expressed concerns regarding the potential hazards of a BESS facility and requested that these risks and their impact on public safety be considered. The applicant was notified of the opposition and promptly reached out to the concerned resident. No further correspondence from this or other neighbors has since been received. No comments have been received from areas of interest, including the City of Peoria or the Arizona Fire and Medical Authority (AFMA). Even so, the applicant has corresponded extensively with AFMA to ensure the fire authority’s requirements and guidelines are met with the project proposal. The Commission shared concern with this technology but noted that all construction will require compliance with safety requirements from the fire agency, AFMA. The applicant noted that completion of this phase will provide circulation and firefighting staging areas improving safety of the two previous phases. There are no outstanding concerns from county review agencies. Commissioner Schlosser was the dissenting vote in recommendation for approval. Commission Recommendation: On 2/8/24, the Commission voted 7-1 to adopt a motion recommending the Board of Supervisors approve Z2023119 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “AES Westwing IIB BESS Zoning Exhibit”, consisting of two full-size sheets, dated January 16, 2024, and stamped received January 16, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “AES Clean Energy, LLC Project Narrative”, consisting of 12 pages, dated January 16, 2024, and stamped received January 16, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with future entitlement (POD or Preliminary Plat) application(s) or a TIS waiver obtained from MCDOT. 3. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain March 13, 2024 Z2023119 Page 3 of 3 Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. d. The following IND-2 IUPD standards shall apply for use of the site as a BESS facility: 1. Minimum setback of 100’ required for battery storage containers. 2. 14’ minimum height for perimeter screening (8’ solid masonry wall with 6’ intrusion detection system). 3. Parking spaces not required. 4. Reverse motion of a vehicle into right-of-way allowed. 5. Stabilized DG surfacing for internal circulation and driveways. e. Administrative approval of a plan of development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. Noncompliance with any Maricopa County regulation shall be grounds for consideration of initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. h. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the zone change. The zone change enhances the value of the property above its value as of the date the zone change is granted and reverting to the prior zoning results in the same value of the property as if the zone change had never been granted. Presented by: Nick Schlimm, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 2/8/24 P&Z Packet (30 pages) Note: 2/8/24 Draft P&Z Minutes are not available as of the writing of this report but can be provided upon request later when available. Z2023119 Page 1 of 11 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023119 – AES Westwing 2 Hearing Date: February 8, 2024 Supervisor District: 4 Applicant: Benjamin Graff, Quarles & Brady LLP Owner: HRL-Peoria, LLC Request: Zone Change with Overlay from Rural-43 to IND-2 IUPD Site Location: Generally located at the SEC of Happy Valley Road and El Mirage Road in the Peoria area Site Size: Approx. 8.87 acres Density: N/A County Island: No County Plan: White Tank / Grand Avenue Area Plan – Mixed Use Employment Municipal Plan: City of Peoria – Employment Business Commerce Municipal Comments: None received to date Support/Opposition: 1 letter of opposition Recommendation: Approve with conditions Z2023119 Page 2 of 11 Project Summary: 1. The applicant, Benjamin Graff of Quarles & Brady LLP, is requesting a zone change with overlay from Rural-43 to IND-2 IUPD to accommodate a proposed 58.5-megawatt (MW) battery energy storage system (BESS) facility at the southeast corner of Happy Valley Road and El Mirage Road in the Peoria area. The subject parcel, APN 503-53-009C, is currently vacant and comprises approximately 8.87 acres, not including a 5,000-square-foot wireless communications facility (WCF). This WCF is subject to a previously approved Special Use Permit (SUP) and is therefore not addressed in this zone change request. 2. The proposed BESS would be a third-phase expansion of an existing BESS project that was previously approved by the Board of Supervisors per case Z2020093. That case was also a zone change from Rural-43 to IND-2 IUPD for the adjacent parcels to the east and south of the subject parcel. Following BOS approval of the zone change, each parcel was subject to a separate, administratively approved Plan of Development (POD). The parcel to the east (APN 503-53-007) was subject to the first phase of development (“AES Westwing 1A”) per case Z2020094, whereas the parcel to the south (APN 503-53-009A) was subject to the second phase of development (“AES Westwing 1B/2A”) per case Z2022021. For the subject property, the next phase of development has been designated by the applicant as “AES Westwing 2B.” The applicant submitted a POD simultaneously with, but separately from, this zone change request. Although the zone change is subject to legislative approval, the POD will be subject to administrative approval. Therefore, approval of the POD will be contingent upon prior approval of the zone change. 3. Per the concurrent POD, the BESS facility will be developed on approximately 6.4 acres of the 8.9- acre property, with 60 stand-alone battery storage containers, 20 transformation/load distribution centers, and two auxiliary pads. Each battery housing, measuring approximately 40 feet long by eight feet wide, will be a self-contained enclosure containing the battery modules and associated equipment, including battery management, thermal management, fire detection/suppression technology, metering, and controls. Each transformation/load distribution center will contain three bi-directional inverters, a transformer, and associated controls. Each auxiliary pad will include a medium-voltage transformer and a low-voltage switchboard. The facility will be surrounded by an eight-foot CMU perimeter wall. A six-foot intrusion detection system will be installed atop the wall to address the facility’s unique security needs. The facility will also include a stormwater retention basin on the southern portion of the site, internal access roads compatible with fire engines, fire hydrants, site lighting, and signage. 4. Per the project narrative, the BESS facility will store and deliver electricity to the grid through a power purchase agreement with APS. AES Energy Storage LLC, which has a purchase option agreement for the land, will build and commission the development. AES intends to formally purchase the subject property after approval of both the zone change and the concurrent POD. The BESS will be owned and operated by AES for a planned useful life of 20 – 25 years. The operational workforce will entail AES-contracted maintenance staff who will maintain the facility on a periodic basis over the development life. A four-person crew will conduct maintenance visits generally twice a month as required. This crew will normally consist of one operator, one contracted field engineer, and two mechanical or electrical technicians. Otherwise, the BESS facility will be operated remotely. There will be no offices on the subject site. 5. The site is bounded to the north by Happy Valley Road. An easement for El Mirage Road currently forms the westernmost 33’ of the subject property, although preservation of 65’ for future right- of-way will be required. Access to this phase of the project will be via El Mirage Road. A 20’-wide Z2023119 Page 3 of 11 access drive aisle will start at El Mirage Road along the west lot line and connect to the Westwing 1A site to the east. This drive aisle will be parallel to Happy Valley Road and located outside the perimeter wall for the BESS facility. Within the perimeter walls, interior drive aisles will circulate around and between the BESS units and provide access to the Westwing 1B/2A site to the south. 6. The project will be designed with multi-tiered and redundant safety mechanisms that can activate automatically or manually during a malfunction or other emergency. Each battery storage container will be equipped with such features as HVAC, a battery management system (BMS), a thermal management system, fire detection/suppression systems, gas detection systems, and ground fault detection systems. These systems will be monitored in real-time 24/7 by offsite personnel to ensure that batteries are charging normally and maintained within safe temperature ranges. Fire suppression systems will activate automatically and trigger core power-down if fault conditions are detected. As a backup, an F-stop button or switch on each container can be activated manually to deenergize the core. Electrical fault conditions will trigger an automatic power-down of the entire development. The facility will also be equipped with breakers that can be opened manually by personnel to power down individual equipment or the entire development. The project will include a staging area parallel to Happy Valley Road that will allow up to six fire trucks to park outside the perimeter wall. The applicant will collaborate with Arizona Fire & Medical Authority (AFMA), which has jurisdiction over the property, to ensure that fire safety training includes protocols with appropriate actions for each situation. 7. Following the end of the project’s operational life, most electrical equipment will be removed and recycled. Batteries will be returned to their manufacturer for recycling. Equipment foundations and pads will be demolished and removed, and the site will be returned to its natural condition. 8. The applicant is requesting an IUPD overlay to vary some of the development regulations of the IND-2 zoning district. The applicant is specifically requesting variations similar to those approved for the first two phases of the project per case Z2020093, as well as to address the concerns from AFMA. For example, while variations to the IND-2 setbacks are not being proposed for general use of the site, the applicant is proposing to establish a use-specific setback of 100’ for the battery housing units. This request is in response to AFMA fire safety requirements that battery storage containers be set back at least 100 feet from any property line. 9. The applicant is also requesting to remove the requirement for onsite parking. There will not be onsite personnel to operate the facility on a regular basis, so the need to provide parking spaces is considered unnecessary. Instead, occasional maintenance staff will park along the edge of the 20’-wide internal drive aisle to service individual battery units or ancillary facilities as needed. 10. Neither the perimeter wall nor the 30’-wide access gates will require modification to the development standards. However, the applicant is also proposing a unique intrusion detection system to be installed on top of the wall to address the site’s enhanced security needs. This intrusion detection system will consist of infrared beam columns measuring approximately eight inches in diameter by six feet in height and spaced apart 200’ – 300’ along the wall. With this system, the total screening height will be 14’, just as with the previous phases. 11. Although the narrative did not discuss these additional requests in detail, the applicant’s IUPD table also requests a modification to MCZO Article 1102.7.3, which states that “parking spaces, aisles, and driveways shall be so arranged as to require ingress and egress from the lot to a street by forward motion of the vehicle.” With the IUPD, the applicant specifically requests to allow ingress and egress by forward and reverse motion of a vehicle. With case Z2020093, staff had recommended this modification to allow driveways that may not provide adequate turn-around Z2023119 Page 4 of 11 for vehicles that could not gain entry at the gates, thus potentially requiring a reverse motion into right-of-way, where reverse motion is not permitted per base zoning regulations. The applicant is requesting the same variation for this request to keep as consistent as possible with the development standards approved for the previous phases. 12. Finally, the applicant is requesting to allow, at minimum, stabilized decomposed granite (i.e., gravel with an approved dust-control plan) for onsite circulation and driveways. Staff notes that case Z2020093 was approved with a development standard allowing crushed gravel (i.e., AB gravel) for internal circulation. Since Z2020093 was approved, staff has refined its requirements for pavement and surfacing, and now allows, at minimum, stabilized decomposed granite with an IUPD. 13. The proposed IUPD Development Standards are summarized in the table below, as provided in the project narrative: Z2023119 Page 5 of 11 2023 Aerial Image Rural-43 Zoning District and Surrounding Zoning Districts Z2023119 Page 6 of 11 Excerpt from Zoning Exhibit Excerpt from Plan of Development (per case Z2023118) Z2023119 Page 7 of 11 Existing On-Site and Adjacent Zoning / Land Use: 14. On-site: Rural-43 / Vacant (WCF subject to SUP) North: R-3 / Vacant (POD approved for multi-family residential) South: IND-2 IUPD / BESS (AES Westwing phase 1B/2A) East: IND-2 IUPD / BESS (AES Westwing phase 1A) West: Rural-43 / Vacant (Arizona State Trust Land) Utilities and Services: 15. Water: EPCOR Water Arizona Wastewater: EPCOR Water Arizona School District: Peoria Unified School District Fire: Arizona Fire and Medical Authority, North County Fire & Medical District Police: Maricopa County Sheriff’s Office Right-of-Way: 16. 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 Happy Valley Road 65’ 65’ Principal Arterial El Mirage Road 33’ 65’ Principal Arterial Adopted Plans: 17. White Tank / Grand Avenue Area Plan (adopted December 6, 2023): This area plan designates the site for “Mixed Use Employment,” which the plan defines as a “mix of office, research, warehouse, light industrial, and support employment uses on the same or adjacent parcels. Residential and general retail uses are not allowed.” 18. City of Peoria General Plan (adopted December 2020): The Peoria General Plan designates the site for “Employment Business Commerce” land uses. The general plan defines two sub-types of employment areas, with “business commerce” areas being distinct from “industrial” areas. Per the plan, “Business Commerce areas contain business offices, corporate headquarters, incubator space, research and development, and light industrial uses within a campus format that features common landscaping and centralized access points. These areas are typically low intensity in scale and land use intensive. Site planning should balance the siting of the building for visibility with appropriate screening of loading bays, truck access, screened storage areas, and employee parking.” Public Participation Summary: 19. The applicant complied with the requirements of the citizen review process with the required posting of the property and notification by first-class mail to interested parties and adjacent property owners within 300’ of the subject site. Because the nearest existing residences are just beyond 300’ from the subject site, the applicant voluntarily increased their outreach to within 500’ of the subject site. Z2023119 Page 8 of 11 20. To date, staff has received one letter of opposition from a resident of the nearby Coldwater Ranch subdivision located northwest of the subject property across Happy Valley Road. The resident expressed general concerns regarding the installation of a BESS facility and the potential hazards such a facility could impose, including fire hazards, potential health risks, and environmental impacts. The resident expressed opposition to the zone change and development of the BESS, and requested that the potential risks associated with the project and their impact on the safety of the adjacent community be considered. In the letter the resident states his property is within 50’ of the BESS facility. Per the Maricopa County Assessor Map, the resident’s property is located 315’ from the subject property and 200’ from the Westwing 1A property at their closest points. With the proposed 100’ setbacks for the battery storage containers, the distance between the nearest residences and the batteries themselves would be even greater. Nonetheless, the applicant was notified of the opposition and promptly reached out to the concerned resident. No further correspondence from the concerned resident or other neighbors has since been received by staff or the applicant. No comments have been received from areas of interest, including the City of Peoria or the AFMA. Outstanding Concerns from Reviewing Agencies: 21. N/A Staff Analysis: 22. Staff supports the applicant’s request for a zone change to IND-2 with an IUPD overlay to entitle the expansion of the AES Westwing development. The first two phases of this project (AES Westwing 1A and AES Westwing 1B/2A), located on the adjacent parcels to the east and south, respectively, have already been subject to BOS-approved zone changes to IND-2 IUPD and administratively approved plans of development. The proposed third phase of development (AES Westwing 2B) subject to this request does not differ substantially from the previous phases. As with the previous zone change, staff finds this request, including the proposed development standard modifications, to be appropriate for the area and consistent with surrounding land uses and development patterns. While the nearest residential uses (including the proposed Hancock Communities – Vistancia West multi-family residential development) are located approximately 200’ to the north, staff finds the project is unlikely to produce significant externalities, such as noise or smoke, or substantial visual impacts. The facility will be well-screened, and the appearances of the batteries will be non-obtrusive, being fully enclosed in rectangular containers (similar to shipping containers) measuring 40’x8’ and approximately 9’ tall. The proposed BESS facilities will connect to existing electrical infrastructure located south of the subject site and the nature of the proposed use is pursuant to making the electrical grid more reliable and more supportive of renewable energy sources. 23. The unique requirements of the BESS facility justify the requested development standard modifications as well. The request to increase the setbacks to 100’ specifically for the battery storage containers is consistent with requirements recently established by the AFMA, whose North County Fire & Medical District has jurisdiction over the subject site. Aside from the battery storage containers, the base IND-2 setback regulations would not be modified. The addition of six-foot-tall intrusion detection system pylons atop the proposed eight-foot-tall masonry perimeter wall is necessary to provide enhanced site security, which is essential for a major utility project with high voltage infrastructure. 24. Although parking standards were not modified with the previous zone change, the applicant’s request to eliminate parking requirements for this phase of the project are justified by the minimal Z2023119 Page 9 of 11 traffic it will generate. No offices are planned for this parcel, and personnel are not expected to make daily visits to the site. Four-person crews are expected to make routine maintenance visits twice a month on average. Once inside the controlled access gates, any maintenance vehicles can park along the edge of the 20’-wide interior access road. Infrequent site visits combined with restricted access ensure that this arrangement will not interfere with onsite circulation. 25. Additionally, limited traffic to and from the site makes the request to use stabilized decomposed granite for surfacing of internal circulation and driveways acceptable. As for the request to allow occasional reverse motion of vehicles into right-of-way, based on the applicant’s proposed POD, the onsite circulation appears sufficient that a vehicle could make a three-point turn at the gate – reversing from the gate onto the onsite access aisle and then moving forward (in the direction from which the vehicle came) toward El Mirage Road or (through the Westwing 1A site) toward Happy Valley Road without reverse motion into either right-of-way. Reverse motion of vehicles directly into the right-of-way for Happy Valley or into the easement (or future right-of-way) for El Mirage appears unlikely. However, allowing reverse motion of vehicles into right-of-way was approved as one of the development standards for the adjacent parcels per Z2020093, again justified by the limited traffic generated by the project. To maximize consistency between the proposed development standards and those previously approved per Z2020093, staff supports this modification as well. 26. The site is appropriate for industrial zoning. It will be compatible with surrounding land uses and consistent with development patterns. The county’s area plan designates the general area for Mixed Use Employment. Recommendation: 27. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023119 subject to the following conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “AES Westwing IIB BESS Zoning Exhibit”, consisting of two full-size sheets, dated January 16, 2024, and stamped received January 16, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “AES Clean Energy, LLC Project Narrative”, consisting of 12 pages, dated January 16, 2024, and stamped received January 16, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. Z2023119 Page 10 of 11 2. A traffic impact study must be submitted with future entitlement (POD or Preliminary Plat) application(s) or a TIS waiver obtained from MCDOT. 3. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. d. The following IND-2 IUPD standards shall apply for use of the site as a BESS facility: 1. Minimum setback of 100’ required for battery storage containers. 2. 14’ minimum height for perimeter screening (8’ solid masonry wall with 6’ intrusion detection system). 3. Parking spaces not required. 4. Reverse motion of a vehicle into right-of-way allowed. 5. Stabilized DG surfacing for internal circulation and driveways. e. Administrative approval of a plan of development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. Noncompliance with any Maricopa County regulation shall be grounds for consideration of initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. g. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. h. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the zone change. The zone change enhances the value of the property above its value as of the date the zone change is granted and reverting to the prior zoning results in the same value of the property as if the zone change had never been granted. Z2023119 Page 11 of 11 Presented by: Nick Schlimm, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (2 pages) Narrative Report (12 pages) MCESD comments (1 page) DPR comments (1 page) Letter of opposition (2 pages) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 9 approx. Generated January 25, 2024 8:45 AM Z2023119 Application Name: Legal Description AES Westwing 2 EDR Applicant Case Address T04N R01W 1, Benjamin Graff for Quarles & Brady LLP Applicant Phone/Email Parcel Primary:503-53-009C 602.229.5683 benjamin.graff@quarles.com Map scale 1:1,640 Supervisor District No. THE AES WESTWING IIB ENERGY STORAGE PROJECT WILL DEVELOP A 58.5MW BATTERY STORAGE LOCATED NORTH OF THE ARIZONA PUBLIC SERVICE (APS) WESTWING SUBSTATION WITHIN 303 303 HAPPY VALLEY RD EL MIRAGE RD W. PINNACLE PEAK RD N 117TH AVE W. HATFIELD RD HAPPY VALLEY RD EL MIRAGE RD SITE WESTWING IIB WESTWING IA WESTWING SUBSTATION WESTWING IIA WESTWING IB DATE PLOTTED: 1/12/2024 10:13 AM H:\Project\4200\4208.001 Westwing IIB-30PCT BESS-AES\4_DWGs\2_NEI\BESS\Plan Of Development Documents\Zoning Exhibit\ZONING EXHIBIT COVER SHEET.dwg 2180 South 1300 East, Suite 600 Salt Lake City, UT 84106-2749 (801) 679 - 3500 PROJECT TITLE: DESCRIPTION XREFs: APV: PROJECT LOCATION: NO. KEY PLAN: PE STAMP: REVISIONS: SHEET NO: REV: SCALE AT 24" x 36": CHK: DWN: DES: DATE: PROJ NUM: AES Titleblock 24X36 v210209 SHEET TITLE & DESCRIPTION: AES WESTWING IIB BESS MARICOPA COUNTY, ARIZONA 4208.001 B A 11/22/23 ZONING EXHIBIT B 01/12/24 ZONING EXHIBIT - - - - - - - - - - - - - - - - - - 1 01/12/24 COVER SHEET SD MB RB RB ELECTRIC POWER ENGINEERING, INC. 12600 W. COLFAX AVE, STE. C500 LAKEWOOD, CO 80215 (303) 431-7895 www.neieng.com AES WESTWING IIB BESS ZONING EXHIBIT VICINITY MAP SCALE 1" = 2000' A PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 NORTH RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA 85383 N LEGAL DESCRIPTION LEGAL DESCRIPTION PER COMMITMENT #NCS-1167924-NRG: THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA SHEET INDEX PROJECT DATA AND CODE INFORMATION INDUSTRIAL UNIT PLAN OF DEVELOPMENT (IUPD) SUMMARY PROJECT TEAM AREA MAP N.T.S. PROJECT NAME: WESTWING IIB ENERGY STORAGE PROJECT ADDRESS: 25203 N 123RD AVENUE PEORIA, AZ, 85383 33.7139, -112.324297 EXISTING ZONING: RU-43 EXISTING LAND USE: VACANT PROPOSED ZONING: IND-2 IUPD PROPOSED LAND USE: BATTERY ENERGY STORAGE SYSTEM COUNTY: MARICOPA PARCEL # 503-53-009C OWNER NAME: HRL-PEORIA LLC DEED NUMBER: 20150855449 GROSS AREA: 386,559 SF NET AREA: 8.9 ACRES TRACKING #: Z2023119 BUILDING CODE: 2018 INTERNATIONAL BUILDING CODE ACCESSIBILITY CODE: CCDA ADA ELECTRIC CODE: 2017 NATIONAL ELECTRIC CODE ENERGY CODE: 2018 INTERNATIONAL ENERGY CONSERVATION CODE FIRE CODE: 2018 INTERNATIONAL FIRE CODE MECHANICAL CODE: 2018 INTERNATIONAL MECHANICAL CODE PLUMBING CODE: 2018 INTERNATIONAL PLUMBING CODE 2018 UNIFORM PLUMBING CODE MUNICIPAL CODE: MARICOPA COUNTY REGULATORY ORDINANCES REQUEST OWNER HRL-PEORIA, LLC 4140 SE TAGGERT STREET PORTLAND, OREGON 97202 CONTACT: J. LINSENMEYER T: 480-570-4131 EMAIL: JLINSENMEYER@ME.COM APPLICANT AES WESTWING II ES, LLC 4300 WILSON BLVD ARLINGTON, VIRGINIA 22203 CONTACT: FRANCIS AO T: 303-808-9731 EMAIL: FRANCS.AO@AES.COM ELECTRICAL / STRUCTURAL / CIVIL NEI ELECTRICAL POWER ENGINEERING 12600 WEST COLFAX AVE., STE 500 LAKEWOOD, COLORADO 80215 CONTACT: JEFF SIGL T: 720-764-3585 EMAIL: JSIGL@NEIENG.COM PROJECT UTILITIES GAS SOUTHWEST GAS 1-877-860-6020 ELECTRIC APS 602-258-5483 TELEPHONE AT&T 800-288-2020 WATER / SEWER EPCOR 623-445-2402 STORM DISTRICT MARICOPA COUNTY 602-506-8600 FIRE PROTECTION ARIZONA FIRE AND MEDICAL AUTHORITY 623-544-5400 POLICE PROTECTION MARICOPA COUNTY SHERIFF'S OFFICE 602-876-1000 N HAPPY VALLEY RD EL MIRAGE ROW PARCEL # 503-53-009C PRELIMINAR NOT FOR CONSTRUCTION FOR REVIEW & APPROVAL O SITE WESTWING IIB WESTWING IA: RE-ZONING: Z2020093 PARCEL POD: Z2020094 WESTWING IIA/IB RE-ZONING: Z2020093 PARCEL POD: Z2022021 SHEET TABLE LIST SHEET NUMBER SHEET TITLE REV NUM REV DATE 1 COVER SHEET B 01/12/24 2 B ZONING EXHIBIT SHEET ZONE CHANGE WITH OVERLAY FROM RURAL-43 TO IND-2 IUPD FOR BATTERY ENERGY STORAGE SYSTEMS (BESS). SCHOOL DISTRICT #11 PEORIA UNIFIED SCHOOL DISTRICT 623-486-6000 01/12/24 APN 503-53-009C GROSS AREA 8.87 ACRES (NOT A PART) 1/2" REBAR W/ILLEGIBLE CAP EL MIRAGE ROAD (ALIGNMENT) EX. DIRT ROAD 8' UTILITY EASEMENT REC. NO. 2008-0139417 4' BARBED WIRE FENCE 0.6' W. OF PROP. LINE STATE OF ARIZONA 33' R-O-W FOR ROAD AND INCIDENTAL PURPOSES DKT. 3590, PG. 97 1/2" REBAR NO I.D. APN 503-53-007 SUN BELT LAND INV GEN PARTNERSHIP IND-2 IUPD LAND USE: BESS 1/2" REBAR NO I.D. APN 503-53-008B ARIZONA PUBLIC SERVICE COMPANY/ETAL RURAL-43 LAND USE: TRANSMISSION LINES COMMUNICATIONS TOWER SITE 50' X 100' COMMUNICATIONS SITE LEASE AREA PER INST. 2009-0707455 65' ESMT. & AGREEMENT FOR HWY PURPOSES PER INST. NO. 2006-0663911 & 65' ROAD DECLARATION INST. NO. 2010-0428974 10' ELECTRIC UTILITY ACCESS ESMT. INST. 2008-0713258 8' ESMT. FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES PER INST. 2009-0707454 8' ESMT. FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES PER INST. 2009-0692445 12' X65' ACCESS ESMT. PER INST. 2009-0707455 APN 503-53-009A SUN BELT LAND INVESTMENT GENERAL PARTNERSHIP IND-2 IUPD LAND USE: BESS EX. DIRT ROAD EX. HAPPY VALLEY ROAD APN 503-53-001C PGWS HAPPY VALLEY 1 LP R-3 LAND USE: VACANT, FUTURE MULTI-FAMILY N0° 16' 31.04"W 594.84' N0° 16' 31.04"W 594.84' S89° 48' 58.05"E 658.76' S0° 14' 46.14"E 594.82' N89° 49' 02.13"W 658.46' S89° 48' 58.05"E 658.79' S0° 14' 46.14"E 65.00' N0° 16' 31.04"W 65.00' 65' FUTURE R-O-W FOR EL MIRAGE ROAD 1325 1323 1324 1326 1327 1326 1327 1328 1328 1328 1328 1328 1326 1326 1327 1327 1327 1327 1328 1325 1325 1325 1325 1326 1326 1327 1328 1327 1326 1326 1327 1328 1326 1327 1325 1324 1325 1326 1325 1324 1320 1321 1322 1323 1320 1325 1321 1322 1323 1324 1320 1325 1321 1322 1323 1324 1326 (NOT A PART) DATE PROJECT TITLE: DESCRIPTION APV: PROJECT LOCATION: NO. KEY PLAN: PE STAMP: REVISIONS: SHEET NO: REV: SCALE AT 24" x 36": CHK: DWN: DES: DATE: PROJ NUM: SHEET TITLE & DESCRIPTION: 2180 South 1300 East, Suite 600 Salt Lake City, UT 84106-2749 (801) 679 - 3500 ELECTRIC POWER ENGINEERING, INC. 12600 W. COLFAX AVE, STE. C500 LAKEWOOD, CO 80215 (303) 431-7895 www.neieng.com PLOTTED: 1/12/2024 10:12 AM H:\Project\4200\4208.001 Westwing IIB-30PCT BESS-AES\4_DWGs\2_NEI\BESS\Plan Of Development Documents\Zoning Exhibit\ZONING EXHIBIT EXISTING CONDITIONS.dwg XREFs: ..\..\Reference\AES Titleblock Outline.dwg; ..\..\..\2_Sheetset References\Site Civil\WW2B-ALTA-TEXT.dwg; ..\..\..\2_Sheetset References\Site Civil\WW2B-ALTA.dwg AES Titleblock 24X36 v210209 AES WESTWING IIB BESS MARICOPA COUNTY, ARIZONA ZONING EXHIBIT SHEET 4208.001 SD MB RB RB 01/12/24 2 B A 11/22/23 ZONING EXHIBIT B 01/12/24 ZONING EXHIBIT - - - - - - - - - - - - - - - - - - 0 20' 40' 60' 80' 1" = 40' EX. CONDITIONS NOTES N 1. EXISTING ALTA SURVEY PERFORMED BY EVERETT ALAN GROUP, AND CERTIFIED ON MAY 18, 2023. CONTRACTOR SHALL REVIEW THE PLANS AND CONDUCT FIELD INVESTIGATIONS AS REQUIRED TO VERIFY EXISTING CONDITIONS AT THE PROJECT SITE. 2. EXISTING TOPOGRAPHIC SURVEY PERFORMED BY EVERETT ALAN GROUP, DURING MAY, 2023. GRADES ENCOUNTERED ON-SITE MAY VARY FROM THOSE SHOWN. CONTRACTOR SHALL REVIEW THE PLANS AND CONDUCT FIELD INVESTIGATIONS AS REQUIRED TO VERIFY EXISTING CONDITIONS AT THE PROJECT SITE. PRELIMINARY NOT FOR CONSTRUCTION FOR REVIEW & APPROVAL ONLY LEGEND PROPERTY LINE EASEMENT GATE FOUND MONUMENT (TYPE SHOWN) PAVEMENT CONCRETE FUTURE R-O-W FOR EL MIRAGE ROAD AES Clean Energy, LLC Project Narrative Case No. Z2023119 Rezoning Request for the Westwing 2B Battery Energy Storage System Located at the Southeast Corner of West Happy Valley Road and North El Mirage Road Parcel No. 503-53-009C Prepared By: Benjamin W. Graff, Esq. Joshua Mike, AICP, MBA Quarles & Brady LLP 2 N. Central Ave. Phoenix, AZ 85004 Submittal Date: September 29, 2023 Resubmittal Date: November 22, 2023 Resubmittal Date: January 16, 2024 QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 2 Rezoning Narrative TABLE OF CONTENTS I. DEVELOPMENT TEAM ........................................................................................................................... 3 II. PURPOSE OF REQUEST .......................................................................................................................... 4 III. DESCRIPTION OF PROPOSAL ................................................................................................................. 4 IV. RELATIONSHIP TO SURROUNDING PROPERTIES ................................................................................... 6 V. LOCATION AND ACCESSIBILITY .............................................................................................................. 7 VI. CIRCULATION SYSTEM ........................................................................................................................... 7 VII. DEVELOPMENT SCHEDULE .................................................................................................................... 7 VIII. COMMUNITY FACILITIES AND SERVICES ............................................................................................... 8 IX. PUBLIC UTILITIES AND SERVICES ........................................................................................................... 8 X. FIRE SAFETY AND PROTECTION ............................................................................................................. 8 XI. IUPD COMPARISON CHART ................................................................................................................. 10 XII. COMPLIANCE WITH GENERAL PLAN ................................................................................................... 12 XIII. CONCLUSION ....................................................................................................................................... 12 QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 3 Rezoning Narrative I. DEVELOPMENT TEAM Developer AES Clean Energy, LLC d/b/a AES Westwing II ES, LLC 282 Century Place Louisville, CO 80027 ATTN: Troy Bushman, Senior Development Manager troy.bushman@AES.COM (303) 444-3020 Zoning Attorney / Applicant Quarles & Brady LLP 2 N. Central Avenue Suite 600 Phoenix, AZ 85004 ATTN: Benjamin Graff Benjamin.Graff@Quarles.com (602) 229-5683 Engineer NEI Electric Power Engineering, Inc. 12600 W Colfax Avenue, Ste C500 Lakewood, CO 80215 ATTN: Jeff Sigl, PE, Project Manager II jsigl@neieng.com (720) 764-3585 QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 4 Rezoning Narrative II. PURPOSE OF REQUEST The law firm of Quarles & Brady LLP submits this rezoning application on behalf of AES Clean Energy, LLC (“AES” or the “Applicant”) to allow a 58.5-megawatt (MW) battery energy storage system (“BESS”) (the “Development” or “Westwing 2B”). The Development will be located on approximately 9.0 acres at the Southeast Corner of West Happy Valley Road and North El Mirage Road on Maricopa County Assessor Parcel No. 503-53-009C (the “Property”). The Property is currently vacant and adjacent to the existing Arizona Public Service Company (“APS”) Westwing Substation. Westwing 2B will be an expansion of the previously approved Zoning Case No. Z2020093, which rezoned Parcel Nos. 503-53-007 (“Westwing 1A”) and 503-53-009A (Westwing 1B/2A”) to allow for a first phase of AES Westwing BESS facilities. III. DESCRIPTION OF PROPOSAL Existing Zoning Entitlements The Property is currently zoned Rural Zoning District 43 (“RU-43”), which allows for service to the public of water, gas, electricity, telephone and cable television, including distribution, collector and feeder lines, pumping or booster stations along pipelines, and substations along electric transmission lines. However, public utility treatment and generating plants are not included in this list of permitted uses. Proposed Zoning Entitlements The Applicant’s requests will include two formal applications: (1) a Zone Change from Rural Zoning District 43 (“RU-43”) to Light Industrial (“IND-2”) with an Industrial Unit Plan of Development (“IUPD”) overlay; and (2) a Plan of Development (“POD”) to allow the development of the Westwing 2B BESS facility. QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 5 Rezoning Narrative Rezoning Per the analysis under the previously approved Zoning Case No. Z2020093, a BESS facility is analogous to power generation, therefore, the Property requires a zone change from RU-43 to IND-2 for the future development of Westwing 2B. The proposed IND-2 IUPD zone change will address variations in the underlying development standards required for this unique future use. AES intends to capture the development standards adopted under Case No. Z2020093 and the standards outlined by the approval letter for the Westwing 1A and Westwing 1B/2A facility from Arizona Fire and Medical Authority (“AFMA”), signed on December 7, 2022, included with this application submittal. Plan of Development Under a separate, concurrent POD application, the County will review the Westwing 2B site plan. The POD is administratively approved separately but contingent on the prior approval of the zone change by the Board of Supervisors (“BOS”). The BESS facility will be developed on approximately 6.4 acres of the 9.0 -acre property, with 60 stand-alone storage “housings” along with the necessary infrastructure, including inverters and transformers. Each housing will contain the battery modules and associated equipment, including power conversion, battery management, thermal management, fire prevention and suppression technology, and metering. While the 8-foot masonry wall proposed around the Development complies with County standards, the Applicant is proposing the addition of an intrusion detection system on top of the wall to address the Development’s unique security needs. It is essential for energy storage facilities with high voltage infrastructure to have enhanced site security for equipment protection and public safety. Overview of Operations The BESS facility will store and deliver electricity to the grid through a Power Purchase Agreement (PPA) with APS. AES, which has a purchase option agreement for the land, will build and commission the Development. The Development will be owned and operated by AES, and AES will close on the purchase of the subject property after approval of the rezoning and POD applications. The proposed BESS will be owned and operated by AES for a planned useful life of 20 to 25 years. The long-term operational workforce will entail AES-contracted maintenance staff who will maintain the facility on a periodic basis over the Development life. The Development will require up to a four-person crew for maintenance visits twice a month on average. The crew will normally consist of one operator, one contracted field engineer, and two mechanical or electrical technicians. The BESS Facility will be primarily operated remotely. Planned maintenance will typically be developed and scheduled a few months in advance. Typical maintenance intervals for major components include: • Fire protection system – twice a year • HVAC and Chillers – twice a year • Battery core – once a year • Relay protection – once in two years QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 6 Rezoning Narrative • Performance testing – once a year • HV substation – once a year The Development will be designed with multiple automatic and manual power-down/safety mechanisms. Electrical and fire systems are designed to open breakers automatically during fault conditions. Each battery storage container will have its own fire protection system that will have a software signal that will trigger core power-down during fire, electrical fire, overheating, etc. The entire Development power-down will occur automatically during electrical fault conditions (e.g., high-voltage, high-frequency, ground fault etc.). Each container includes an F-Stop button/switch that will de-energize the entire core upon activation. In addition, the BESS will be equipped with breakers that could be opened manually to power-down different equipment or the Development as a whole. The manual power-down could be done by local personnel. The Development will be designed to be in operation for 20 years, with the option to be reassessed for an additional 5 years of continued operation, up to 25 years. After completion of 25 years of operations, most of the Development’s electrical equipment (breakers, transformers, inverters) will be removed and recycled. Development batteries will be returned to the battery manufacturer for recycling. Equipment foundations, pads will be demolished and removed, and the site will be returned it its original, natural condition following the end of operations. IV. RELATIONSHIP TO SURROUNDING PROPERTIES The Development site is currently vacant except for an existing cellular tower on the southwest portion of the Property. The 50’ x 100’ compound surrounding the cell tower is subject to a previously approved Special Use Permit (“SUP”) and will not be included in the rezoning request. The Development site consists of partially disturbed land (dirt roads) and future right-of-way for El Mirage Road. Existing transmission lines and towers are east of the Property, including natural gas pipeline, right-of-way, temporary access, temporary workspace, and road and incidental easements. Surrounding Uses The Development site shares the East property line with the approved Westwing 1A BESS facility and the South property line with approved Westwing 1B/2A BESS facility. The BESS facilities are surrounded by variety of uses, as shown below. • North across Happy Valley Road: A large 17-acre vacant parcel approved for a multi- family residential development (“Hancock Communities - Vistancia West”) and a single- family residential development (“Coldwater Ranch”). • East: An existing recreational vehicle storage facility, multi-family residential development (“Christopher Todd Communities on Happy Valley”), and AFMA Fire Station 104. • South: The existing APS Westwing Substation. • West: Arizona State Land Department Trust Land (“State Trust Land”) • Privately owned and undeveloped parcels are located adjacent to the Development parcels on the Southeast. QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 7 Rezoning Narrative • Within the larger context, land uses surrounding the Development site generally consist vacant State Trust Land, Bureau of Land Management (“BLM”), County Flood Control drainage channels, residential developments, and mining lands east of State Route 303. V. LOCATION AND ACCESSIBILITY The Development site is located in the north-central portion of Maricopa County at the Southeast corner of West Happy Valley Road and North El Mirage Road, approximately 7 miles west of the City of Phoenix, 1 mile south of the Village of Vistancia and the City of Peoria, and 0.7-mile west of State Route 303. Primary access to the Development is via the future El Mirage Road which is a major north-south arterial roadway (Road of Regional Significance). As part of the development of the BESS facility, AES will dedicate and construct the half-street width for El Mirage Road from Happy Valley Road to the south boundary of Westwing 1B/2A. The typical half-street roadway dedication for an arterial/road of regional significance is 65 feet. Secondary driveway access on West Happy Valley Road is available through the approved driveways within the Westwing 1A property. VI. CIRCULATION SYSTEM The Development includes an onsite access drive aisle which starts at El Mirage Road and connects to Westwing 1A. The main access drive aisle will be parallel to Happy Valley Road and located outside the perimeter wall for the BESS facility. Interior drive aisles will circulate around and between the BESS units as well as provide access to Westwing 1B/2A. As a closed, private facility, parking will be accommodated within the drive aisles on-site for staff to perform routine maintenance activities on any given battery container on a periodic basis. VII. DEVELOPMENT SCHEDULE Construction is anticipated to occur in one phase over approximately 12 months but may be constructed in multiple phases if required. Construction activities will include site grading, foundation/concrete work, battery container installation, electrical component and cable installation, inverter/ transformer and controls installation, installation of the HV substation and overhead transmission line to the existing APS Westwing Substation, and final grading/paving. Recycling, reduction, and reuse of materials will be incorporated whenever feasible. Construction equipment will include a scraper, excavators, dump trucks, a drum roller, forklifts, a crane, pump trucks, concrete trucks, manlifts, and a boom truck. A temporary construction staging/laydown/storage area will be located adjacent to the BESS, contained within the Development site parcel boundaries. While the County approved TU2023017 for the temporary construction areas for associated with Westwing 1A, the Applicant will obtain the necessary Temporary Use Permit for the subject construction staging area for Westwing 2B. QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 8 Rezoning Narrative Limited water required during the construction phase will be supplied from an existing water line or trucked-in, as necessary. The Development will implement stormwater Best Management Practices (“BMPs”) during construction, including erosion/sediment control and materials/waste management. VIII. COMMUNITY FACILITIES AND SERVICES The Property is served by the Peoria Unified School District. The nearest schools include Zuni Hills Elementary School located over 2 miles to the Southeast, and Vistancia Elementary School and Big Dreams Preschool/Kindergarten located over 2 miles to the north. Other community facilities in the area include neighborhood parks serving nearby residential communities, the closest being approximately 1,050 feet north of the Property across West Happy Valley Road. A church was recently constructed on West Happy Valley Road, approximately 0.25 to 0.5 miles East of the Property. Most other community services (such as medical facilities, libraries, churches, bank) are located over 2 miles from the Development site, east and south of State Loop-303 (Bob Stump Memorial Parkway). The proposed non-residential zone change with IUPD overlay will have no negative impact on these types of community facilities and services. IX. PUBLIC UTILITIES AND SERVICES Existing EPCOR Water Arizona water supply and sewer lines run within Happy Valley Road. A private 8-inch fire line water loop will be provided onsite. Public utility and service providers serving the Development are summarized below. UTILITY: PROVIDER: Water & Sewer: EPCOR Water Arizona Fire Protection: Arizona Fire and Medical Authority, North County District Police Protection: Maricopa County Sherriff’s Office Electric: APS Telecommunications: Various X. FIRE SAFETY AND PROTECTION Fire safety for the community, and especially first responders, is the Applicant’s top priority. This state-of-the-art facility incorporates all that has been learned from prior incidents in order to employ the safest design and operational standards. Westwing 2B will be built with safety first and foremost in mind. The BESS facility will possess detailed, multi-tiered, and redundant layers of hardware and software working together to ensure system safety. Battery management systems includes HVAC, hydrogen gas detection, fire and smoke detection, and ground fault detection monitored in real-time to ensure that batteries are not over-charged. The real-time monitoring ensures the batteries are maintained within safe temperature ranges and will shut down upon immediate recognition of abnormalities. QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 9 Rezoning Narrative Facility Safety Components AES will utilize Nationally Recognized Testing Laboratories (“NRTL”), to screen, test, and evaluate the components of each battery unit, which will be housed in certified enclosures. The Development incorporates an anti-intrusion system into the site plan, along the perimeter to prevent unauthorized entry. The proposed intrusion detection system pylons will consist of infrared beam columns, approximately 8 inches in diameter by 6 feet in height, which will be located approximately every 200 to 300 feet. This avoids the need for unsightly barbed wire and less aesthetically pleasing security measures. The 8-foot masonry wall proposed around the entire Development site will not require a modification and the addition of an intrusion detection system on top of the wall addresses the Development’s unique security needs. Fire Safety Features This BESS facility will be integrated into the local electrical grid, complying with national fire protection standards, which are frequently updated to incorporate the best practices for hazard mitigation tools and strategies. Energy storage facilities include equipment and systems designed to detect and suppress fires, to vent gasses, and incorporate fire-proof barriers. In the event of an emergency, automatic fire suppression will be triggered within the enclosures to contain and prevent thermal runaway. First Responder Safety AES will develop robust emergency response plans based on a standard template of national best practices that are customized to the site and regional conditions, such as extreme weather and proximity to other land uses. Westwing 2B will be monitored 24/7 by trained personnel prepared to maintain safety during an emergency event prior to arrival of first responders. The site plan includes a second staging area along Happy Valley Road, which will allow up to 6 fire trucks to park outside of the perimeter wall, in addition to the approved first fire truck staging area adjacent to Westwing 1A. An onsite monitoring station will be integrated with the approved Westwing 1A and Westwing 1B/2A systems and located between the two fire staging areas along Happy Valley Road. Collaboration efforts will include local emergency personnel, including AFMA and Peoria Fire- Medical Department, to ensure that fire safety training includes protocols with appropriate actions for each situation. Proposed Rezoning Case Stipulation Language Regarding Fire Authority Review As part of the previous rezoning request for Westwing 1A and Westwing 1B/2A, Case No. Z2020093, the Applicant worked directly with County Staff, AFMA, and Peoria Fire-Medical Department. Discussions during the project review period and the public hearings resulted in a new stipulation being included in the approval of Case No. Z2020093. The resulting coordination led to the formal approval of the current layout of approved Westwing 1A and Westing 1B/2A site plans by AFMA and the County Planning and Development Department. The applicant is in favor of include the same stipulation language, as shown below, in this rezoning case. “h. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 10 Rezoning Narrative the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required.” XI. IUPD COMPARISON CHART The IUPD overlay request is in conjunction with the IND-2 rezoning request to allow variations to certain development standards. Utilizing development standards similar to those approved under Case No. Z2020093 and within the AFMA agreement, AES is proposing the following modifications via the IUPD overlay district. The items below provide a description of and justification for the proposed IUPD modifications that will be applied to the Property. • Setbacks: Based on surrounding zoning, the front yard (West property line) will be 25 feet, the street side yard (North property line) will be 10 feet, and interior side yard (South property line) and the rear yard (East property line) will be zero feet. The Applicant is proposing to establish a use-specific setback of 100 feet for the BESS housing units. As a result, all battery energy storage system housing units will ultimately be set back over 100 feet from the property line. • Parking Reduction: Similar to Westwing 1A and 1B/2A, Westwing 2B will not include onsite personnel to operate the facility, therefore the Applicant is requesting to remove the requirement for onsite parking. Internal drive aisles will allow staff to park maintenance vehicles in front of any given battery housing to service the BESS unit. • Site Enclosure/Screening: While the 8-foot masonry wall proposed around the entire Development would not require a modification, the addition of an intrusion detection system on top of the wall is requested to address the unique security needs. It is essential for energy storage facilities with high voltage infrastructure to have enhanced site security for equipment protection and public safety. The proposed intrusion detection system pylons would consist of infrared beam columns, approximately 8 inches in diameter by 6 feet in height, which would be located approximately every 200 to 300 feet. Total height would be 14 feet. QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 11 Rezoning Narrative The proposed development standards are as follows (those which differ from the IND-2 zoning district are in bold). Development Standard Current RU-43 Standard Base IND-2 Standards Proposed IND-2 IUPD Standards Maximum Height 30-ft 40-ft a 40-ft a Yard Regulations Front (West) Side-Interior (South) Side-Street (North) Rear (East) BESS Housing Unit 40-ft 30-ft 20-ft 40-ft 25-ft b 0-ft c 10-ft d 0-ft e 25-ft b 0-ft c 10-ft d 0-ft e 100-ft (all property lines) Lot Regulations: Lot Area Lot Width Lot Coverage 43,560 SF 145’ 25% 6,000 SF 60’ 60% 6,000 SF 60’ 60% Site Enclosure / Screening N/A 6-ft solid wall 8-ft solid masonry wall (including 6-in cap) with 6-ft intrusion detection system (14-ft total height) Parking: Office Industrial N/A 1 per 250 SF 1 per 600 SF None Sight Visibility Triangles (SVTs) 25-ft x 25-ft 25-ft x 25-ft 25-ft x 25-ft Driveway Ingress / Egress From the Lot to the Street by Forward Motion of a Vehicle From the Lot to the Street by Forward Motion of a Vehicle From the Lot to the Street by Forward and Reverse Motion of a Vehicle Pavement (Internal Parking Spaces and Driveways) Parking Spaces and Driveways Shall be Paved Parking Spaces and Driveways Shall be Paved Stabilized DG (Decomposed Granite, or gravel with an MCAQC- approved dust control plan) for Internal Circulation and Driveways Lighting See MCZO Section 1112 See MCZO Section 1112 See MCZO Section 1112 a. The height of a structure closer than 40 feet to the rural zone boundary shall not exceed the distance from the structure to the zone boundary, except that no building need be less than 10 feet in height. b. Where the frontage between two intersecting streets is located partly in the IND-2 Zoning District and partly in a rural, residential or commercial zoning district, there shall be a front yard equal to the front yard required in the adjoining rural, residential or commercial zoning district, but such yard need not exceed 25 feet in depth (MCZO Art. 902.4.1.b). c. Where side yard is not adjacent to rural or residential zoning district. d. Where a corner lo abuts a rural or residential zoning district, there shall be a side yard on the street side of such corner lot having a width of not less than ten feet (MCZO Art. 902.4.2.b). e. Where rear yard is not adjacent to rural or residential zoning district. QB\84905395.4 AES Westwing 2B Battery Energy Storage System P a g e | 12 Rezoning Narrative XII. COMPLIANCE WITH GENERAL PLAN General Plan The Property is designated under the Mixed-Use Employment land use designation of the White Tank/Grand Avenue Area Plan and Employment Business Commerce designation of the City of Peoria General Plan 2040. Although the BESS facility will be operated remotely with few employees working on site, the purpose of the Development is to improve the reliability and performance of the electrical grid, which improves economic and quality of life benefits to the community. XIII. CONCLUSION AES Clean Energy, LLC’s proposed Development will meet the significant need for improved energy infrastructure and sustainable energy storage, while meeting the highest standards of compatibility with and safety for the community. As demonstrated by the previous County approval of Zoning Case No. Z2020093 located adjacent to the Development, the proposed Development will be a benefit for this community and meets local, state and federal clean energy goals. Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 S u b d i vi s io n @ m a ri co p a .go v e s d .m a r i c o pa .g o v The Maricopa County Environmental Services Department (MCESD) has completed review for the SUP IUPD POD - AES Westwing 2 planning case(s). Please note the following MCESD requirements for site development: Subdivision and Infrastructure – An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. For subdivision related questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov. Additional Notes – Environmental Services does not require these items for condition of approval of Z2023119, however these items must be addressed with the development of the site. Environmental Services does not require additional review of this case. *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: SUP IUPD POD - AES Westwing 2 Primary Contact Name: Jeanine Linsenmeyer Planning Application Type: Zone Change with Overlay APN(s): 503-53-009C Reviewer: Souren Naradikian, P.E. Email: Souren.Naradikian@maricopa.gov Phone: 602-372-2907 Planner Name: Nick Schlimm Planning Case #: Z2023119 Date: October 31, 2023 Water and Waste Management Division Page 1 of 1 Anh Harambasic, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-3611 www.maricopa.gov/planning Email address: anh.harambasic@maricopa.gov Planning & Development Engineering Plan Review Date: October 23, 2023 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Nicholas Schlimm, Planner, Planning & Development Services From: Anh Harambasic, P.E., Engineering Plan Reviewer, Planning & Development Services via: Bob Fedorka, P.E., Engineering Supervisor, Planning & Development Subject: Z2023119 – Westwing 2B Battery Energy Zone Storage System Zone Change from RU-43 to IND-2 (light industrial) with an Industrial Unit Plan of Development (E1 Memo) Job Site Address: SEC Happy Valley & El Mirage Roads APN(s): 503-53-009C This application is to specify zoning for future development and includes an Industrial Plan of Development overlay and a Plan of development to allow for development of Westwing 2B BESS Facility. PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the Zone Change application routed for review on 10.20.2023 and has no objections subject to the following conditions: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with future entitlement (POD or Preliminary Plat) application(s) or a TIS waiver obtained from MCDOT. 3. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. Please contact me if you have any questions or require any additional information. 1 Nicholas Schlimm (PND) From: Ravin A <ravinmsgr@yahoo.com> Sent: Thursday, November 9, 2023 10:46 AM To: Nicholas Schlimm (PND) Cc: Rav; Jyothi Chelly Subject: County Response: Concerns Regarding Rezoning and Proposed Battery Energy Storage System (BESS) Attachments: Quarles.pdf Dear Maricopa County Planner, I am writing to express my concerns about the proposed installation of a Battery Energy Storage System (BESS). The close proximity of this BESS to residential areas (in my case less than 50 feet) raises serious concerns regarding fire hazards, potential health risks, and environmental impacts. I kindly request that the Maricopa County Planning Department thoroughly assess the potential risks associated with this project and consider the safety and well-being of our community. Would request County not to approve the rezoning and development of BESS. Your attention to this matter is greatly appreciated, and I look forward to your response. Sincerely, Ravin Adams P.S: Below is the copy of the letter sent to my HOA as well. Begin forwarded message: From: Ravin A <ravinmsgr@yahoo.com> Date: November 9, 2023 at 10:33:24 AM MST To: betsy.baca@cityproperty.com, tania.lopez@cityproperty.com Cc: Rav <ravinmsgr@yahoo.com>, Jyothi Chelly <jyothimins@gmail.com> Subject: Coldwater Ranch HOA Response: Concerns Regarding Rezoning and Proposed Battery Energy Storage System (BESS) Hi, I am the home-owner at 12117 W Leather Ln. Received this attached notice from Quarles for rezoning for a proposed battery energy storage system (BESS). I am writing to express my deep concerns about the proposed rezoning and the development of a Battery Energy Storage System (BESS) within less than 50 feet of my home. This matter has raised considerable apprehension in our community, as it poses potential hazards in terms of fire safety, public health, and the environment. The safety of our community is of utmost importance, and I believe that the rezoning and BESS development could have serious consequences for all residents. Battery energy storage systems, if not properly managed, can present a risk of fires and other safety hazards. Furthermore, the potential health risks associated with the presence of a BESS system should not be taken lightly, considering the potential emissions and environmental impacts. 2 I kindly request that the Coldwater Ranch HOA Board take these concerns into consideration and respond to the community's worries regarding the rezoning and BESS development. I urge the board to actively assess the potential risks and consequences associated with this project and act in the best interests of all residents. I believe it is crucial for the HOA to advocate against the rezoning and the installation of the BESS in such close proximity to our homes, prioritizing the safety and well-being of our community. I would appreciate your prompt response to this matter and a clarification of the HOA's position on this issue. Thank you for your attention to this important matter. I look forward to hearing from you and working together to ensure the safety and quality of life for all residents in our community. Sincerely, Ravin Adams