01. Z2023028 PZ Report
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Z2023028 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023028 - Justice Battery Energy Storage System Hearing Date: December 7, 2023 Supervisor District: 4 Applicant: Chris Webb, Rose Law Group PC Owners: Adventure Arena LLC & Three Strands Property LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located at the NWC of Tuthill & Broadway Roads in the Buckeye area Site Size: Approximately 13.9 acres Density: N/A County Island: No County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: Buckeye – Neighborhoods (1+ d.u./ac) Municipal Comments: City of Buckeye – Objection Support/Opposition: None known Recommendation: Approve with conditions Z2023028 Page 2 of 7 Project Summary: 1. The applicant, Chris Webb with Rose Law Group, representing Strata Energy, is requesting a zone change from Rual-43 to IND-2 IUPD with a plan of development to allow for development of a utility-scale battery energy storage system (BESS) on a 13.9-acre site located at the northwest corner of Broadway Rd, & Tuthill Rd. in the Buckeye area. The project’s intention is to store and release generated power within battery systems to be used in times of excess service demand. 2. The BESS would include 1,290 battery units housed within specifically designed storage cabinets. The project would contain its own site power substation as well as project offices and associated work and maintenance buildings. The project would include up to three employees overseeing the operations at any one time. 3. The site is located across from an APS substation that will serve as an interconnection. A small cluster of residential housing exists directly east of the proposed project. The neighbor directly east has provided land for the proposal and will buffer the use from the other nearby homes. 4. The proposal involves an Industrial Unit Planed Development (IUPD) Overlay which allows deviation of standards to help meet project intentions. The site would provide an outdoor workspace for staff to maintain the battery systems, and the applicant is requesting a deviation in standards to allow work to occur in this outdoor space without screening measures or within an enclosed building as would otherwise be required. The applicant is also requesting a deviation from standard parking requirements from 1:250 sf office & 1:600 sf industrial to 1:750 & 1:1,200 respectively. Finally, the applicant is requesting a deviation for wall and screening standards. Current MCZO regulations require a 6’ masonry wall for seperation, but the applicant is requesting to amend this standard to allow a wrought iron fence along with adjacent interior landscaping. Proposed IUPD Table: Z2023028 Page 3 of 7 2023 Zoning Map: Proposed Site Plan: Z2023028 Page 4 of 7 Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: Rural-43 / Residential / Agriculture North: PR / Agriculture (City of Buckeye) South: PC / Agriculture (City of Buckeye) East: Rural-43 / Residential / Agriculture West: Rural-43 / Electrical transfer substation Utilities and Services: 6. Water: Roosevelt Irrigation District Wastewater: Septic Fire: Arizona Fire & Medical Authority Police: Maricopa County Sherriff 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 Tuthill Rd. 33’ 40’ Major Collector Broadway Rd. 66’ 66’ Minor Arterial Adopted Plan: 8. City of Buckeye General Plan: The City of Buckeye’s General Plan, updated in 2022, designates this site as ‘Neighborhoods’ which allows land densities over 1 du/ac. Public Participation Summary: 9. The applicant sent neighborhood notifications to all parcel owners within 300’ and has had the site posted since April 5, 2023 with no public outreach received. Outstanding Concerns from Reviewing Agencies: 10. The City of Buckeye sent a letter of objection to the zoning proposal stating they want to see the property annexed into the city and developed within their design regulations. The City notes that under their ordinances the project is a by-right use in their current Rural Residential zoning and would not require rezoning. Staff Analysis: 11. Staff supports the proposed zone change as the project helps provide a unique solution to energy need issues within the local power grid. The specific location was chosen due to its proximity to a power substation and the current rural nature of the surrounding built environment. Staff notes Z2023028 Page 5 of 7 a minor impact to the local residences and notes that the property owner providing land for the project will provide a buffer from the proposed use. 12. Staff recognizes the City of Buckeye’s request for design review. Due to the 100’ fire seperation setback required, the proposed use would have extensive distance separation which would accomplish the same result as additional setbacks as well as incorporate a robust planned landscaping plan. The request for the wrought iron fence goes against conventional requirements for a block wall for seperation purposes, but the applicant is requesting to match the adjacent substation which was developed under previous standards that’s allowed wrought iron screening. Staff recognizes the proposed use as not being a traditional ‘industrial’ use in that the design incorporates thoughtfully designed battery storage units that do not create the same level of intensity seen in traditional industrial zones. Staff views the wrought iron, landscaping, extended setbacks and designed utility cabinets as a viable and thoughtful alternative to the traditional CMU block wall screening standard and meeting the City of Buckeyes intent of screening and design character concerns. Recommendation: 13. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023028 subject to the following conditions ‘a’ – ‘j’: a. A Plan of Development is approved subject to site plan entitled “Justice Battery Storage Preliminary Site Plan” consisting of 1 full-size sheet, dated 9/15/23, and stamped received 10/2/23. 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 “Zone Change with Overlay – Justice Battery Storage”, consisting of 15 pages, dated 8/21/2023, and stamped received 8/31/2023, except as modified by the following conditions. c. Development of the site shall be in substantial conformance with the landscape plan entitled “Justice Battery Storage Preliminary Landscape Plan“, consisting of 3 full-size sheets, dated 9/19/2023, and stamped received 10/2/23, except as modified by the following conditions. d. The following IND-2 IUPD standards shall apply: Additional Regulations (MCZO Section 902.9.1)- The activities and operations associated with the BESS staging area use and activities are not required to be conducted within a completely enclosed building. Parking ( MCZO Section 1102) - Office: 1 space per 750 SF, Industrial: 1 space per 1,200 SF. Perimeter Screening (Side & Rear abutting a rural or residential zoning district) - North: 6’ wrought iron fence South (adjacent to Broadway Road) & West: 6’ wrought iron fence with landscape setback South (not adjacent to Broadway Road) & East: 6’ wrought iron fence with adjacent interior landscaping. Z2023028 Page 6 of 7 Perimeter Screening (not abutting a rural or residential zoning district) - North: 6’ wrought iron fence South (adjacent to Broadway Road) & West: 6’ wrought iron fence with landscape setback South (not adjacent to Broadway Road) & East: 6’ wrought iron fence with adjacent interior landscaping. e. Prior to issuance of initial building permits, 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. Prior to issuance of initial building permits, all parcels shall be combined to create a single parcel matching the zone change area. g. The following Planning Engineering conditions shall apply: 1. Driveway access to County roads must be paved and will require a permit from MCDOT issued concurrent with building permit(s) required for site development. 2. Prior to issuance of any building permits for the project, dedication of R/W along 203rd Avenue (Tuthill Road) to provide a half-width of 40’ must be completed. Documentation shall be provided with the building permit. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 3. Prior to issuance of any building permits for the project, dedication of R/W along West Broadway Road to provide a half-width of 65’ must be completed. Documentation shall be provided with the building permit. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 4. Prior to issuance of any building permits applicant needs to coordinate with irrigation district to address crossing over irrigation prior to issuance of building permits. Provide documentation to Maricopa County of irrigation company approval concurrent with building permit(s) required for site development. 5. Applicant to provide spillway design conforming to Maricopa County Drainage Policies and Standards – Hydraulics, Section 9.3.3 at time of building permit. 6. Applicant to provide flow capacity calculations of outlet pipe at time of building permit. 7. 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. 8. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the Z2023028 Page 7 of 7 site drainage infrastructure. 9. Detailed Grading and Drainage Plans and Drainage Report must be submitted with the application for Building Permits. 10. Retention basins must drain within 36 hours. 11. Historic drainage patterns must be maintained. h. Noncompliance with any Maricopa County regulation shall be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. i. The property owner/s and their successors waive claim for diminution in value if Maricopa County takes action to rescind approval due to noncompliance with conditions. j. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. Failure to comply with any condition may be grounds for consideration of reverting the zoning back to the previous Rural-43, in accordance with Maricopa County requirements and procedures. 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: Andrew Lorentzen, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (1 page) Narrative Report (15 pages) Landscape Plan (3 Pages) Maricopa County Engineering (4 pages) MCDOT comments (3 pages) MCESD comments (1 page) City of Buckeye objection (4 Pages) AFMA Letter (1 Page) BROADWAY ROAD S. TUTHILL ROAD F F VICINITY MAP N.T.S. /2:(5 %8C.(Y( 52A' %52A':AY 52A' -AC.5A%%IT T5AI/ 6 T8T+I// 52A' 6IT( NOT FOR CONSTRUCTION BRYAN M. WRIGHT 62828 d D a t e S i g n e . . . . . . C A T E N O C I F I T R E A A N O Z I R , U A . . S . s R s e f o r P d e r e t s i g e i o n a l E n g i n e e r ( C i v i ) l . . . . . . . . . . / / E x p i r e 12 / / 31 25 s 08 18 23 '8N/AP 52A' BUCKEYE, AZ JUSTICE BATTERY STORAGE NORTH LEGEND F NOTES FLOOD INFORMATION BASIS OF BEARINGS BENCHMARK CIVIL ENGINEER OWNER/DEVELOPER SITE CALCULATIONS PARKING REQUIREMENTS PRELIMINARY SITE PLAN LEGAL DESCRIPTION ZONE CHANGE with OVERLAY NARRATIVE Justice Battery Energy Storage System at NEC of Broadway Road & Tuthill Road Maricopa County, Arizona February 16, 2023 Revised May 5, 2023 Revised August 21, 2023 Prepared for: 800 Taylor St, Suite 200 Durham, North Carolina 27701 Prepared by: 7144 E. Stetson Drive, Suite 300 Scottsdale, AZ 85251 Phone: (480) 240-5648 Case No. Z2023028 Background Strata Clean Energy, LLC (“Strata”) is a family-owned renewable energy developer, owner, and operator with over 190 solar and storage projects completed to date, representing over $4 billion in clean energy investment across the United States. Strata is proposing the development of a new approximately 150 MW Battery Energy Storage System (“BESS” or “Project”) on approximately 13.91 gross acres (13.49 net acres) located at the northeast corner of Broadway Road and Tuthill Road in unincorporated Maricopa County, comprising APN 502-47- 007A and a portion of APN 502-47-038 (the “Site”) (see Exhibit A – Aerial Vicinity Map attached hereto). The Site is bordered on the north by an existing SRP overhead electrical transmission line corridor and located across Tuthill Road from an existing WAPA electrical substation and an existing APS electrical substation (which the Project will interconnect into), thereby making the Site well-suited for the proposed Project. Battery Energy Storage Systems (“BESS”) such as the proposed Project are a necessary part of a modern and robust power network. BESSs safely store abundant electricity generated by renewable energy during daylight hours and then feed that energy back into the power grid in the evening when it is most needed. The proposed facility is capable of storing enough electricity to power approximately120,000 homes and businesses in the valley for four hours. The Project can serve the electrical grid in multiple ways including immediate power for ‘peak’ demand on hot days, back-up energy to reduce/avoid blackouts, increased grid resiliency, near-instantaneous response to changes in renewable energy generation that help integrate and balance intermittent renewable sources, and storage of excess solar power to be used after the sun goes down. In addition to being a necessary component of a dependable power grid, the Project will generate approximately $13.9 million in new property taxes over 20 years as a nearly $250 million investment in Arizona. Purpose of Request The Site is currently zoned RU-43 and is located within Maricopa County’s White Tank/Grand Avenue Area Plan which designates the Site for rural residential and/or agricultural uses. The Site is also located with the General Plan planning area of the City of Buckeye, which designates the Site as “Rural”. The purpose of this request is to pursue approval of a Zone Change with Overlay from RU-43 to “IND-2 (Light Industrial)” with a corresponding Industrial Unit Plan of Development (“IUPD”) to allow for the development of the proposed BESS on the Site. It should be noted that because of the relatively small size of the Site (approximately 13.91 gross acres), a corresponding amendment of the White Tank/Grand Avenue Area Plan is not required. Description of Proposal BESS Use & Equipment The requested Zone Change would specifically provide for the development of a new BESS on the Site. The proposed IUPD will therefore restrict the permitted uses on the Site to only those that provide for the proposed BESS use as indicated in Table 1: Permitted Uses below. The use types described in Section 902.2.17 of the Maricopa County Zoning Ordinance (“MCZO”) have been determined by the County to include a BESS. Restricting the Site to these uses will prevent other uses that may be considered incompatible with the surrounding area from being constructed on the Site. Any uses not specifically allowed pursuant to MCZO Section 902.2.17 shall not be permitted. Table 1: Permitted Uses Base Zoning District Use Description IND-2 MCZO Section 902.2.17: Public utility treatment and generating plants including sewage, wastewater, water, power, electrical, nuclear and solar, and including ancillary offices. Attendant facilities and appurtenances to the above uses as well as uses associated with service to the public of water, gas, telephone and cable television. Where an electrical generating plant is in operation, evaporation ponds and other appurtenances may be permitted provided such evaporation ponds or appurtenances are associated within the facility being served. The Site is immediately adjacent to Broadway Road and Tuthill Road, both two-lane paved roadways. Access to the Site will occur from Broadway Road and Tuthill Road via a new gated entrance off of each roadway to be constructed with the Project. The Broadway Road entrance will utilize an existing driveway on APN 502-47-007A. The Project will consist of battery storage units located within enclosed cabinets mounted on outdoor concrete pads situated in rows (see Exhibit B – Example Battery Cabinets attached hereto). Internal drives and fire lanes will provide maintenance and emergency response access to the entire Site, including the operations areas (explained below), the battery storage units, and the private project substation in the southwest corner (see Exhibit C– Site Plan attached hereto). The northern portion of the Site, which is subject to the existing SRP electrical transmission line corridor and associated easement, will be left as-is, subject to the restrictions of the easement. The on-site private project substation will be interconnected directly to the APS substation on the west side of Tuthill Road across from the Site. The proximity of the Site to the existing APS substation will minimize the gen-tie length and amount of transmission infrastructure needed in the area. This interconnection is a critical one for both the proposed Project and the APS electrical grid in multiple ways, potentially including immediate power for ‘peak’ demand on hot days, back-up energy to reduce/avoid blackouts, increased grid resiliency, near-instantaneous response to changes in renewable energy generation that help integrate and balance intermittent renewable sources, and storage of excess solar power to be used after the sun goes down. It should be noted that Strata has already gone through the entire interconnection study process with APS and anticipates signing a Generator Interconnection Agreement with APS in the next few months. On-Site Operations Areas There will be a maximum of three (3) employees on-site but no public access to the Site. These employees will continuously monitor the safety and operations of the Project and perform routine Project maintenance, as necessary. An approximately 60’ x 12’ (720 SF) manufactured office building (which includes restroom facilities) will be provided for use by Strata’s on-site employees. The manufactured office building will be connected to either the existing septic system on the Site (constructed for the existing residence) or a new septic system to be constructed with the Project (if necessary). The manufactured office building will also be connected to a new water line from the existing potable well on the Site. It should be noted that the existing residence on the Site will be removed. Additionally, three (3) approximately 8’ x 40’ (320 SF) storage containers arranged around a 40’ x 40’ (1,600 SF) shaded operations staging area will be provided near the manufactured office building for use by the on-site employees. The shade structure will be approximately 11’-14’ in height and constructed of a polyethylene or vinyl polyester covering attached to steel frame posts (see Exhibit D – Office Trailer & Operations Staging Area Renderings attached hereto). This “outdoor” staging area will require a deviation to the IND-2 development standards as noted in Table 2: IND-2 Development Standards Comparison below. It should be noted that Strata may elect to replace the manufactured office building at a future date with a more permanent office building structure. Four (4) parking stalls for Strata’s on-site employees (including one ADA accessible stall) will be provided near the manufactured office building. The proposed parking for the Project will require a deviation to the IND-2 development standards as noted in Table 2: IND-2 Development Standards Comparison below. Perimeter Screening The Site will be enclosed with a 6-foot perimeter wrought iron fence, with landscape buffers provided for additional screening along the southern (Broadway Road frontage only) and western (Tuthill Road frontage) boundaries. The eastern boundary and remaining portion of the southern boundary (the portion not adjacent to Broadway Road) will feature additional landscaping treatment inside of, and along the length of the 6-foot perimeter wrought iron fence. The proposed perimeter screening will require a deviation to the IND-2 development standards as noted in Table 2: IND-2 Development Standards Comparison below. On-Site Lighting Lighting will be limited to bollard lights at each of the project entrances/exits and pole mounted lights around the on-site private substation, manufactured office building, and the storage staging area in order to satisfy security needs. All lighting will meet MCZO requirements. Roosevelt Irrigation District Lateral It should be noted that the existing Roosevelt Irrigation District (“RID”) lateral on the east side of Tuthill Road adjacent to the Site will need to be relocated with the Project. This lateral will be moved further to the east, outside of the ultimate Tuthill Road right-of-way, and put in an underground pipe as noted on the Site Plan. Strata will be coordinating this effort with RID. Fire & Hazard Mitigation Strata is working closely with Arizona Fire & Medical Authority (“AZFMA”) to ensure that all fire suppression and other public safety measures and concerns are addressed for the Project. The Project design currently includes a 100’ setback from the perimeter property lines to all battery storage units and a first responder station/staging area on the southernmost portion of the Site, including onsite water storage tanks for fire suppression (as may be required by AZFMA). The first responder station/staging area, which must be located outside of the Project’s gated entrance per AZFMA requirements, will be accessed off of Broadway Road via the Project’s Broadway Road entrance. The first responder station/staging area will still be screened from Broadway Road and Tuthill Road by the Project’s 6-foot perimeter wrought iron fence and landscape buffers. The Project design may be updated as necessary prior to permitting per direction from AZFMA. Additionally, at the request of AZFMA, a formal Hazard Mitigation Analysis for the Project will also be prepared and submitted for their review. Proposed Development Standards The Site will comply with all the general IND-2 base zoning district regulations. The proposed development standards for the Project, including three minor deviations to the IND-2 development standards, are outlined in Table 2: IND-2 Development Standards Comparison and described below. The first development standard deviation proposed for the Site is to provide for the above-referenced BESS staging area activities to be conducted “outdoors”, outside of a completely enclosed building. MCZO Section 902.9.1 requires that all IND-2 uses except for parking, loading, unloading or storage be conducted within a completely enclosed building. While we believe the proposed BESS staging area use and activities are already very similar in nature to these exceptions, a specific deviation to allow the BESS staging area use and activities to be conducted outdoors is requested. The second development standard deviation proposed for the Site is a reduction in the amount of required parking. As noted above, the Site will include 720 SF of “office” use and approximately 2,880 SF “industrial” use between the 3 storage containers and the covered staging area. At a parking ratio of 1 space per 250 SF for “office” and 1 space per 600 SF for “industrial” (per MCZO Section 1102), the Site would require a total of 8 parking spaces. However, the Site is not open or accessible to the public and Strata will have a maximum of three (3) on-site employees. Strata is therefore proposing to provide a total of 4 parking spaces (including one ADA accessible space), based on a ratio of 1 space per 750 SF for “office” and 1 space per 1,200 SF for “industrial”, which is more than sufficient for their on-site employees and operational needs. The third development standard deviation proposed for the Site is to allow for a modification of the perimeter screening requirements. As noted above, the Site is proposed to be enclosed with a 6-foot perimeter wrought iron fence rather than a 6’ masonry wall. The Site is immediately adjacent to the SRP electrical transmission line corridor to the north, and two existing electrical substations to west across Tuthill Road, both enclosed with only chain link fencing. The level of screening provided by a 6’ masonry wall should not be required from these uses. Further, Strata is self-imposing a larger setback (100’) around the entire perimeter of the Site as noted on the Site Plan. Nevertheless, Strata is proposing to provide a landscape setback in front of the perimeter wrought iron fence along both Broadway Road (southern boundary) and Tuthill Road (western boundary), and additional landscaping within and adjacent to the wrought iron fencing along the eastern boundary and the remaining portion of the southern boundary (the portion not adjacent to Broadway Road) in order to provide additional screening. Table 2: IND-2 Development Standards Comparison Regulation Base Zoning District Regulations (IND-2) Proposed Zoning District Regulations (IND-2 IUPD) Maximum Height 40' 40’ Min. Front Yard (South, adjacent to Broadway Road) 20’ (abutting a section line road) 20’ (abutting a section line road) Min. Side Yard (East & South, not adjacent to Broadway Road) 5’ (adjacent to rural or residential zoning district) 5’ (adjacent to rural or residential zoning district) Min. Side Yard (West) 10’ (street side of corner lot abutting rural or residential zoning district) 10’ (street side of corner lot abutting rural or residential zoning district) Min. Rear Yard (North) 25' (abutting a rural or residential zoning district) 25' (abutting a rural or residential zoning district) Minimum Lot Area 6,000 sq ft 6,000 sq ft Min. Lot Width 60' 60’ Maximum Lot Coverage 60% 60% Additional Regulations (MCZO Section 902.9.1) All uses except for parking, loading, unloading or storage shall be conducted within a completely enclosed building The activities and operations associated with the BESS staging area use and activities are not required to be conducted within a completely enclosed building Parking ( MCZO Section 1102) Office: 1 space per 250 SF Industrial: 1 space per 600 SF Office: 1 space per 750 SF Industrial: 1 space per 1,200 SF Perimeter Screening (Side & Rear abutting a rural or residential zoning district) 6’ masonry wall North: 6’ wrought iron fence South (adjacent to Broadway Road) & West: 6’ wrought iron fence with landscape setback South (not adjacent to Broadway Road) & East: 6’ wrought iron fence with adjacent interior landscaping Perimeter Screening (not abutting a rural or residential zoning district) 6’ masonry wall or fence with view obscuring material North: 6’ wrought iron fence South (adjacent to Broadway Road) & West: 6’ wrought iron fence with landscape setback South (not adjacent to Broadway Road) & East: 6’ wrought iron fence with adjacent interior landscaping Relationship to Surrounding Property The requested Zone Change is compatible with the surrounding land uses. The Site is bordered on the west by Tuthill Road, and two large electrical substation facilities situated on “RU-43” zoned property owned by APS and the federal government. The Site is bordered on the north by agricultural fields zoned “Planned Residential” in the City of Buckeye, which also contain SRP’s large overhead electrical transmission line corridor. The Site is bordered on the east by additional agricultural fields and rural residential uses zoned “RU-43”. And the Site is bordered on the south by rural residential uses zoned “RU-43”, Broadway Road, and agricultural fields zoned “Planned Community” in the City of Buckeye. Approval of this request should not alter the current feel of the area for the surrounding properties given the complete lack of traffic and minimal on-site employees associated with the Project, as well as the significant existing electrical infrastructure in the immediate area. Table 3: Surrounding Uses, Comprehensive Plan and Zoning Designations below provides a summary of existing and surrounding land uses. Table 3: Surrounding Uses, Comprehensive Plan, & Zoning Designations Existing Land Uses Comprehensive Plan Zoning Jurisdiction Site Agriculture, Rural Residential White Tank/Grand Avenue Area Plan (Rural Residential and/or Agricultural) RU-43 Maricopa County North Agriculture, SRP Electrical Lines Rural PR Buckeye East Agriculture, Rural Residential White Tank/Grand Avenue Area Plan (Rural Residential and/or Agricultural) RU-43 Maricopa County South Rural Residential, Broadway Road, Agriculture White Tank/Grand Avenue Area Plan (Rural Residential and/or Agricultural) & Master Planned Community RU-43 & PC Maricopa County & Buckeye West Tuthill Road, Electrical Substation White Tank/Grand Avenue Area Plan (Rural Residential and/or Agricultural) RU-43 Maricopa County Location & Accessibility As noted above, the Site is located at the northeast corner of Broadway Road and Tuthill Road, with frontage on both roadways. The Site can easily be accessed by taking the Verrado Way exit off of the I-10 freeway (1/2-mile west of Tuthill Road), and then connecting to Tuthill Road via either Lower Buckeye Road or Broadway Road. Tuthill Road and Broadway Road are both existing two-lane paved roadways adjacent to the Site. Access to the Site will occur from Broadway Road and Tuthill Road via a new gated entrance off of each roadway to be constructed with the Project. The Broadway Road entrance will utilize an existing driveway on APN 502-47-007A. The Broadway Road entrance will also provide emergency access to the Site’s first responder station/staging area, which includes ample turn-around space for emergency vehicles. The BESS use will generate virtually zero traffic and relatively low traffic volumes exist today on both Broadway Road and Tuthill Road in this area (per the Traffic Statement included with this request). Consequently, the location of these new access points and their relationship to the existing accesses on Broadway Road and Tuthill Road have been analyzed in the Traffic Statement and found to be acceptable. Tuthill Road is a planned Collector Street and requires a total half-street right-of-way width of 40’ adjacent to the Site. The Project will dedicate an additional 7’ of right-of-way in order to create the full 40’ that is required. Broadway Road is a planned Principal Arterial and requires a total half-street right-of-way width of 65’ adjacent to the Site. The Project will dedicate an additional 32’ of right-of-way in order to create the full 65’ that is required. Half- street improvements to Tuthill Road and Broadway Road are not necessary nor required by the County with this Project. Circulation System As noted above, access to the Site will occur from Broadway Road and Tuthill Road via a new gated entrance off of each roadway to be constructed with the Project. Emergency access will occur from the Broadway Road entrance, where ample turn-around area is provided in the first responder station/staging area. Internal drives will then allow employees, and maintenance and emergency vehicles to access all areas of the Site, including the battery storage cabinets and the on-site electrical substation. The internal drives will allow for these vehicles to be moved around the site in a circular pattern, meeting all fire access width and turning radii requirements, such that both access points can be utilized equally. Development Schedule The proposed improvements for the BESS are expected to be constructed in a single phase, commencing after the County’s approval of the Zone Change and issuance of required building permits. Construction will most likely begin in late 2024 and last for a period of approximately 12 months. Community Facilities & Services As noted above, the proposed BESS use will have a maximum of three (3) on-site employees. Consequently, the proposed BESS use will have no impact whatsoever on community facilities and services in the area such as schools, parks, libraries, etc. Public Utilities & Services Sewer: Septic System Water: Existing Well Refuse: TBD (will contract with private provider) Electric: APS Fire Protection: Arizona Fire & Medical Authority Police Service: Maricopa County Sheriff Compliance with City of Buckeye General Plan The Site is located within the City of Buckeye’s planning area and is designated “Rural” under the City’s General Plan. Strata has discussed the Project with the City of Buckeye through a formal Pre-Application process. Under the City of Buckeye’s General Plan and Development Code, the BESS use is considered a “Utility Facility, Minor” and is therefore a permitted use given its “Rural” land use designation and the City’s equivalent “SF-43” zoning that would be granted to the Site in the event of an annexation. Therefore, the Project has been confirmed by the City of Buckeye to be in compliance with its General Plan. Nevertheless, it is Strata’s understanding that the City of Buckeye has some concerns with the Site being rezoned for industrial uses given the broad palette of uses typically allowed in industrial zoning districts. In order to address this concern and ensure compatibility with the surrounding land uses (both existing and planned), the IUPD associated with this Zone Change request proposes to limit the permitted uses on the Site to those related to the BESS (see Table 1 above). Conclusion The proposed Project and this Zone Change request is in compliance with both the Maricopa County Comprehensive Plan (White Tank/Grand Avenue Area Plan) and the City of Buckeye General Plan. The Project is situated immediately adjacent to an existing SRP electrical transmission line corridor and two existing electrical substations. As noted above, Strata has also taken extra measures to maximize the compatibility of the Zone Change and the BESS use with the surrounding area. The proposed BESS will enhance the electrical grid by safely storing abundant electricity generated by renewable energy during daylight hours and then feeding that energy back into the grid in the evening when it is most needed. It is a necessary part of a modern and robust power network and will provide significant benefits to the area’s electrical grid. Exhibit “A” Aerial Vicinity Map SITE Strata Clean Energy BESS Project Parcel Map 1 2 1 APN 502-47-007A A portion of APN 502-47-038 2 Exhibit “B” Example Battery Cabinets Rendering of the proposed Powin Centipede BESS enclosure. Photo courtesy of Powin. Rendering of the proposed Powin Centipede BESS system block. Photo courtesy of Powin. Exhibit “C” Site Plan BROADWAY ROAD S. TUTHILL ROAD F F VICINITY MAP N.T.S. /2:(5 %8C.(Y( 52A' %52A':AY 52A' -AC.5A%%IT T5AI/ 6 T8T+I// 52A' 6IT( NOT FOR CONSTRUCTION BRYAN M. WRIGHT 62828 d D a t e S i g n e . . . . . . C A T E N O C I F I T R E A A N O Z I R , U A . . S . s R s e f o r P d e r e t s i g e i o n a l E n g i n e e r ( C i v i ) l . . . . . . . . . . / / E x p i r e 12 / / 31 25 s 08 18 23 '8N/AP 52A' BUCKEYE, AZ JUSTICE BATTERY STORAGE NORTH LEGEND F NOTES FLOOD INFORMATION BASIS OF BEARINGS BENCHMARK CIVIL ENGINEER OWNER/DEVELOPER SITE CALCULATIONS PARKING REQUIREMENTS PRELIMINARY SITE PLAN LEGAL DESCRIPTION Exhibit “D” Office Trailer & Operations Staging Area Renderings Rendering of the proposed 720 SF office trailer to house operations and maintenance staff. Photo courtesy of Tesla. Rendering of the proposed storage contains and staging area. Photo courtesy of Tesla. S. TUTHILL ROAD VICINITY MAP N.T.S. /2:(5 %8C.(Y( 52A' %52A':AY 52A' -AC.5A%%IT T5AI/ 6 T8T+I// 52A' 6IT( '8N/AP 52A' BUCKEYE, AZ JUSTICE BATTERY STORAGE 0 8 / 1 8 / 2 0 2 3 NORTH 1 3 PRELIMINARY LANDSCAPE PLAN MATCHLINE: SEE SHEET LS2 GROUNDCOVERS BOTANICAL NAME / COMMON NAME TREES SHRUBS BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME MATERIALS DESCRIPTION ACCENTS Olneya tesota Ironwood Eremophila glabra 'Mingenew Gold' Outback Sunrise Emu Decomposed Granite 12" Screened, Mahogany, 2" Depth Min. PLANT LEGEND Larrea tridentata Creosote Dasylirion wheeleri Desert Spoon Parkinsonia x 'Desert Museum' Desert Museum Simmondsia chinensis Jojoba Decomposed Granite 12" Screened, Mahogany, 1" Depth Min. for Dust Control QTY QTY QTY QTY QTY SIZE 112" Cal. Min., 6' Ht. Min., 4' Sp. Min., 24" Box Min. 5 Gal. SIZE SIZE SIZE 5 Gal. 5 Gal. 5 Gal. 112" Cal. Min., 8' Ht. Min., 4' Sp. Min., 24" Box Min. 219 91 97 65 19 24 74,530 SF 254,520 SF Hydroseed Mix Low Sonoran Blend 2.24 AC Acacia aneura Mulga 112" Cal. Min., 8' Ht. Min., 4' Sp. Min., 24" Box Min. 28 Dodonaea viscosa Green Hopseed Bush 5 Gal. 130 Existing Tree to Remain Size Varies 10 Tecoma stans 'Orange Jubilee' Orange Jubilee 5 Gal. 87 LS1 CIVIL ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. 1001 WEST SOUTHERN AVENUE SUITE 131 MESA, AZ 85210 TEL. NO. (480) 207-2681 CONTACT: BRYAN WRIGHT EMAIL: BRYAN.WRIGHT@KIMLEY-HORN.COM OWNER/DEVELOPER STRATA CLEAN ENERGY 1401 LAWRENCE STREET, SUITE 1600 DENVER, CO 80203 TEL. NO. (919) 520-2984 CONTACT: ZACHARY WALKER EMAIL: ZWALKER@STRATACLEANENERGY.COM LANDSCAPE ARCHITECT KIMLEY-HORN AND ASSOCIATES, INC. 1001 WEST SOUTHERN AVENUE SUITE 131 MESA, AZ 85210 TEL. NO. (602) 906-1103 CONTACT: ANDREW VALESTIN EMAIL: ANDREW.VALESTIN@KIMLEY-HORN.COM S. TUTHILL ROAD VICINITY MAP N.T.S. /2:(5 %8C.(Y( 52A' %52A':AY 52A' -AC.5A%%IT T5AI/ 6 T8T+I// 52A' 6IT( '8N/AP 52A' BUCKEYE, AZ JUSTICE BATTERY STORAGE 0 8 / 1 8 / 2 0 2 3 NORTH MATCHLINE: SEE SHEET LS1 2 3 PRELIMINARY LANDSCAPE PLAN GROUNDCOVERS BOTANICAL NAME / COMMON NAME TREES SHRUBS BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME MATERIALS DESCRIPTION ACCENTS Olneya tesota Ironwood Eremophila glabra 'Mingenew Gold' Outback Sunrise Emu Decomposed Granite 12" Screened, Mahogany, 2" Depth Min. PLANT LEGEND Larrea tridentata Creosote Dasylirion wheeleri Desert Spoon Parkinsonia x 'Desert Museum' Desert Museum Simmondsia chinensis Jojoba Decomposed Granite 12" Screened, Mahogany, 1" Depth Min. for Dust Control QTY QTY QTY QTY QTY SIZE 112" Cal. Min., 6' Ht. Min., 4' Sp. Min., 24" Box Min. 5 Gal. SIZE SIZE SIZE 5 Gal. 5 Gal. 5 Gal. 112" Cal. Min., 8' Ht. Min., 4' Sp. Min., 24" Box Min. 219 91 97 65 19 24 74,530 SF 254,520 SF Hydroseed Mix Low Sonoran Blend 2.24 AC Acacia aneura Mulga 112" Cal. Min., 8' Ht. Min., 4' Sp. Min., 24" Box Min. 28 Dodonaea viscosa Green Hopseed Bush 5 Gal. 130 Existing Tree to Remain Size Varies 10 Tecoma stans 'Orange Jubilee' Orange Jubilee 5 Gal. 87 LS2 MATCHLINE: SEE SHEET LS3 S. TUTHILL ROAD BROADWAY ROAD VICINITY MAP N.T.S. /2:(5 %8C.(Y( 52A' %52A':AY 52A' -AC.5A%%IT T5AI/ 6 T8T+I// 52A' 6IT( '8N/AP 52A' BUCKEYE, AZ JUSTICE BATTERY STORAGE 0 8 / 1 8 / 2 0 2 3 NORTH MATCHLINE: SEE SHEET LS2 3 3 PRELIMINARY LANDSCAPE PLAN GROUNDCOVERS BOTANICAL NAME / COMMON NAME TREES SHRUBS BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME BOTANICAL NAME / COMMON NAME MATERIALS DESCRIPTION ACCENTS Olneya tesota Ironwood Eremophila glabra 'Mingenew Gold' Outback Sunrise Emu Decomposed Granite 12" Screened, Mahogany, 2" Depth Min. PLANT LEGEND Larrea tridentata Creosote Dasylirion wheeleri Desert Spoon Parkinsonia x 'Desert Museum' Desert Museum Simmondsia chinensis Jojoba Decomposed Granite 12" Screened, Mahogany, 1" Depth Min. for Dust Control QTY QTY QTY QTY QTY SIZE 112" Cal. Min., 6' Ht. Min., 4' Sp. Min., 24" Box Min. 5 Gal. SIZE SIZE SIZE 5 Gal. 5 Gal. 5 Gal. 112" Cal. Min., 8' Ht. Min., 4' Sp. Min., 24" Box Min. 219 91 97 65 19 24 74,530 SF 254,520 SF Hydroseed Mix Low Sonoran Blend 2.24 AC Acacia aneura Mulga 112" Cal. Min., 8' Ht. Min., 4' Sp. Min., 24" Box Min. 28 Dodonaea viscosa Green Hopseed Bush 5 Gal. 130 Existing Tree to Remain Size Varies 10 Tecoma stans 'Orange Jubilee' Orange Jubilee 5 Gal. 87 LS3 Krystina Aragon, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-8790 www.maricopa.gov/planning Email address: Krystina.aragon@maricopa.gov Planning & Development Engineering Plan Review Date: October 17, 2023 Memo To: Darren Gerard, Planning Manager, Planning & Development Attn: Andrew Lorentzen, Planner, Planning and Development From: Krystina Aragon, P.E.,, Plans Examiner Engineer, Planning and Development cc: Michael Norris, P.E., Engineering Manager, Planning and Development Subject: Z2023028 – Justice Battery Energy Storage System (E4 Memo) APN: 502-47-007A & 502-47-038 Engineering has reviewed the fourth plan and report routed for review on 10/2/2023, for the subject application and have the following stipulations: 1. Driveway access to County roads must be paved and will require a permit from MCDOT issued concurrent with building permit(s) required for site development. 2. Prior to issuance of any building permits for the project, dedication of R/W along 203rd Avenue (Tuthill Road) to provide a half-width of 40’ must be completed. Documentation shall be provided with the building permit. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 3. Prior to issuance of any building permits for the project, dedication of R/W along West Broadway Road to provide a half-width of 65’ must be completed. Documentation shall be provided with the building permit. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 4. Prior to issuance of any building permits applicant needs to coordinate with irrigation district to address crossing over irrigation prior to issuance of building permits. Provide documentation to Maricopa County of irrigation company approval concurrent with building permit(s) required for site development. 5. Applicant to provide spillway design conforming to Maricopa County Drainage Policies and Standards – Hydraulics, Section 9.3.3 at time of building permit. Page 2 of 4 6. Applicant to provide flow capacity calculations of outlet pipe at time of building permit. 7. 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. 8. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site drainage infrastructure. 9. Detailed Grading and Drainage Plans and Drainage Report must be submitted with the application for Building Permits. 10. Retention basins must drain within 36 hours. 11. Historic drainage patterns must be maintained. Please contact me with any questions. Page 3 of 4 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 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 PND STORMWATER QUALITY (SWPPP) REFERENCES: Storm Water Quality Management and Discharge Control Regulation https://www.maricopa.gov/DocumentCenter/View/6577 Air Pollution Control Regulations Rule 310 https://www.maricopa.gov/DocumentCenter/View/5354 For Additional Information See: https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste Page 4 of 4 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 PND Storm Water: SWMDCR= Maricopa County Storm Water Quality Management and Discharge Control Regulation DDMV3= Maricopa County Drainage Design Manual – Erosion Control APCR= Maricopa County Air Pollution Control Regulations – Rule 310 MCDOT -- TRAFFIC ENGINEERING REVIEW COMMENT SHEET 1 of 1 Project Name: Battery Energy Storage System Location: Northeast Broadway Road and 203rd Avenue MCDOT File No.: Z2023028 Date: October 12, 2023 Reviewer: Laxmikanth Narwa, P.E. Phone No.: 602-506-8677 Consultant: Summit Land Management, LLC Project No.: Plans Sealed By: Paul E. Basha, P.E., PTOE Consultant Code: A = Will Comply B = Deleted C = Consultant to Evaluate Item Number Page Number Comments Consultant Reply = = = 1. = = = General 2nd REVIEW (TS) Consultant: Please use the code and respond to each comment in the Consultant Reply Column. This sheet is for our record, please answer every question and sign and date your acknowledgement or the plans will be sent back to complete the process. Send back the marked-up plans and a new set of plans along with this comment sheet. Thank you for your cooperation. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Review Comments: All the 1st review comments are acknowledged and accepted (see attached) by the developer. Therefore, County has no further comments on the subject TS. Please note that there are a total of three submittals under Z2023028, even though this document says 2nd Review. Developer had 1st traffic study submittal in March, 2023 which was approved on March 23, 2023 (see attached). However, developer has revised the study due to major changes to driveway and MCDOT received this under submittal # 2 in September, 2023 and hence comments were issued as 1st review comments (Dated September 20, 2023). A third submittal was received by MCDOT in October, 2023 with comment responses to September 20, 2023 1st review comments (see attached). In summary, the current 2nd review comments reflect comments for the third submittal received by MCDOT in October, 2023. The Traffic Impact Study is Approved. Signature: _____________________________________ Date: ___________ Use CODE "A", "B","C" in this column next to every comment. = = = = C:\Users\Laxmikanth.Narwa\Documents\TIA - To Review\TIA After March 29 2023\South_West_Valley(South of I10_West of I17)\Battery Storage_Z2023028\Z2023028_Battery Storage_Review 1.docx MCDOT -- TRAFFIC ENGINEERING REVIEW COMMENT SHEET 1 of 1 Project Name: Battery Energy Storage System Location: Northeast Broadway Road and 203rd Avenue MCDOT File No.: Z2023028 Date: September 20, 2023 Reviewer: Laxmikanth Narwa, P.E. Phone No.: 602-506-8677 Consultant: Summit Land Management, LLC Project No.: Plans Sealed By: Paul E. Basha, P.E., PTOE Consultant Code: A = Will Comply B = Deleted C = Consultant to Evaluate Item Number Page Number Comments Consultant Reply = = = 1. 2. 3. 4. 5. = = = General General Figure 4 Page 5 Page 5 1st REVIEW (TS) Consultant: Please use the code and respond to each comment in the Consultant Reply Column. This sheet is for our record, please answer every question and sign and date your acknowledgement or the plans will be sent back to complete the process. Send back the marked-up plans and a new set of plans along with this comment sheet. Thank you for your cooperation. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = General Project Summary: The proposed Battery Energy Storage System development is located at the northeast corner of the intersection of Broadway Road and 203rd Avenue / Tuthill Road. One new access is proposed for the site on 203rd Ave development will retain the existing access on Broadway Road on the site frontage. Per the TIS, the estimated peak hour trips will be less than 165 total trips, 13 AM peak hour trips, and 16 PM peak hour daily (estimated for 14 single-family houses, if constructed on the property). Review Comments: Provide opening/build-out year in the TS. Surrounding parcels to the project site appears to be in the jurisdiction of the City of Buckeye (COB). Submit a copy of this TS for review by the COB. Submit a copy of authorization by COB (letter / email / TS approval) to MCDOT prior to permits approval. Proposed access on 203rd Avenue / Tuthill Road as shown in Figure 4 is acceptable to MCDOT. Developer shall be responsible to maintain the existing access (which development proposes to retain) on Broadway Road at site frontage. All Access driveways shall meet latest MCDOT RDM Standards. The future classification of Broadway Road on site frontage is minor arterial. Therefore, as part of half street improvements maintain/dedicate a minimum 65 feet ROW along the site frontage. All dedicated right of way must fall fully within unincorporated Maricopa County The future classification of 203rd Avenue / Tuthill Road on site frontage is major collector. Therefore, as part of half street improvements maintain/dedicate a minimum 40 feet ROW along the site frontage. All dedicated right of way must fall fully within unincorporated Maricopa County The Traffic Impact Study is NOT Approved. Signature: _____________________________________ Date: ___________ Use CODE "A", "B","C" in this column next to every comment. = = = = A A A A A F:\Traffic Impact Studies\Z2023028 Justice Battery\Justice Battery TS Review.docx MCDOT -- TRAFFIC ENGINEERING REVIEW COMMENT SHEET 1 of 1 Project Name: Justice Battery Energy Storage System Location: Northeast of Broadway Road and Verrado Way MCDOT File No.: Z2023028 Date: 03/23/2023 Reviewer: Amber Cauble Phone No.: 602.319.9083 Consultant: Summit Land Management Project No.: Plans Sealed By: Paul E. Basha, PE Consultant Code: A = Will Comply B = Deleted C = Consultant to Evaluate Item Number Page Number Comments Consultant Reply = = = 1. = = = General 1st REVIEW (TS) Consultant: Please use the code and respond to each comment in the Consultant Reply Column. This sheet is for our record, please answer every question and sign and date your acknowledgement or the plans will be sent back to complete the process. Send back the marked-up plans and a new set of plans along with this comment sheet. Thank you for your cooperation. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = General Project Summary: The proposed Battery Energy Storage yard is located at the east of Verrado way and north of Broadway Road, in unincorporated Maricopa County. The parcels included in the proposed development are 502-47-007A and 502-47- 038. The site proposes a total of two (2) driveways. One (1) new full access driveway on Tuthill Road/203rd Avenue, 690’ north of Broadway Road. Another (1) new full access driveway is proposed on Tuthill Road/203rd Avenue, 1140’ north of Broadway Road. Per the TS, no trip generation was used to estimate total daily and peak hour trips. The site anticipates a maximum of three (3) employees accessing the site daily. Review Comments: As part of half-street improvements, maintain a minimum 40’ right-of-way dedication to MCDOT along the site frontage of 203rd Avenue (Tuthill Road). The site is estimated to have a negligible impact on the surrounding roadways therefore, MCDOT has no further comments on the study. The Traffic Statement is Approved. Signature: _____________________________________ Date: ___________ Use CODE "A", "B","C" in this column next to every comment. = = = = 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 ZONE CHANGE with OVERLAY planning case(s). Please note the following MCESD requirements for site development: Onsite Wastewater – 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. For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506- 6666 or by email at septicquestions@maricopa.gov. Additional Notes – Environmental Services does not require these items for condition of approval of Z2023028, 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: ZONE CHANGE with OVERLAY Primary Contact Name: Gary Mayfield Planning Application Type: Zone Change with Overlay APN(s): 502-47-007A Reviewer: Souren Naradikian, P.E. Email: Souren.Naradikian@maricopa.gov Phone: 602-372-2907 Planner Name: Andrew Lorentzen Planning Case #: Z2023028 Date: March 6, 2023 Water and Waste Management Division 1 Andrew Lorentzen (PND) From: Ken Galica <kgalica@buckeyeaz.gov> Sent: Monday, June 5, 2023 9:25 AM To: Andrew Lorentzen (PND) Cc: Brian Craig; Adam Copeland; Jaime Baca; Scott Zipprich; John Willett; Ron Moll; Nate Ryan; Hobart Wingard Subject: RE: Z2023028 - Outside Routing Hi Andrew: We support the IUPD approach limiting industrial uses of the site to the battery energy storage facility. However, Buckeye Planning does still have two design related concerns that we feel should be addressed by the developer of this site: 1. The proposed opaque (wrought iron) fencing, which is not permitted in base IND‐2 zoning and requires approval through the IUPD, will allow for views into the facility. The project narrative indicates that this will be in character with the existing electrical substations west of Tuthill Road. While this is currently true, as this portion of Buckeye develops as it is anticipated to, it is reasonable to expect that the City and APS will collaborate to improve the aesthetics of the existing substations, including through provision of solid/opaque walls and landscaping around the perimeter of the site. When those improvements are completed, the proposed BESS facility would no longer be “in character” with its surroundings. We would request that the County not approve the proposed standard modification and require a decorative masonry wall be provided along the site’s Tuthill Road frontage, at a minimum. 2. Trees are not provided where the site abuts residentially zoned property lines. We would strongly encourage trees be provided in the setback areas in those locations, spaced at 30 feet on center, to assist in screening the facility from the perspective of the adjacent residences. If Engineering, Traffic or Fire have any concerns, they can share those with you separately. Thank you, Ken Galica Principal Planner Development Services Department (623) 349‐6214 From: Andrew Lorentzen (PND) <Andrew.Lorentzen@maricopa.gov> Sent: Wednesday, May 31, 2023 2:46 PM To: Ken Galica <kgalica@buckeyeaz.gov> Cc: Brian Craig <bcraig@buckeyeaz.gov>; Adam Copeland <acopeland@buckeyeaz.gov>; Jaime Baca <jbaca@buckeyeaz.gov>; Scott Zipprich <szipprich@buckeyeaz.gov>; John Willett <jwillett@buckeyeaz.gov>; Ron Moll <rmoll@buckeyeaz.gov>; Nate Ryan <nryan@buckeyeaz.gov>; Hobart Wingard <hwingard@buckeyeaz.gov> Subject: RE: Z2023028 ‐ Outside Routing [NOTICE: This message originated outside of the City of Buckeye ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Some people who received this message don't often get email from andrew.lorentzen@maricopa.gov. Learn why this is important 2 Hello Ken, Please find an updated submission for Z2023028 - Justice Battery Energy Storage System attached. Please provide any comments by 6/20/2023. Thank you. Andrew Lorentzen Planner Maricopa County Planning & Development Department 301 W. Jefferson Street, Suite 170 602‐506‐2364 Andrew.Lorentzen@Maricopa.gov From: Ken Galica <kgalica@buckeyeaz.gov> Sent: Tuesday, March 7, 2023 4:12 PM To: Andrew Lorentzen (PND) <Andrew.Lorentzen@maricopa.gov> Cc: Brian Craig <bcraig@buckeyeaz.gov>; Adam Copeland <acopeland@buckeyeaz.gov>; Jaime Baca <jbaca@buckeyeaz.gov>; Scott Zipprich <szipprich@buckeyeaz.gov>; John Willett <jwillett@buckeyeaz.gov>; Ron Moll <rmoll@buckeyeaz.gov>; Nate Ryan <nryan@buckeyeaz.gov>; Hobart Wingard <hwingard@buckeyeaz.gov> Subject: FW: Z2023028 ‐ Outside Routing Good afternoon, Andrew: The requested rezoning to County I‐2 is not consistent with the City’s Rural General Plan designation. As such, please let this email serve as notice for the record of the City of Buckeyes objection to rezoning and development of the site with a battery energy storage facility in the County. Instead, Buckeye would strongly encourage the applicant to pursue annexation and development within the City of Buckeye (Note: a pre‐application meeting was held in September 2022), where the battery energy storage will be permitted but subject to additional design requirements, including, but not limited to: A 25 foot landscape setback will be required adjacent to Tuthill Road, within which a minimum of 1 tree and 5 shrubs will be required for every 30 feet of linear frontage. A 30 foot landscape buffer will be required where the site abuts existing or planned/zoned residential uses (sites north, south, and east property lines). Within the buffer, a minimum of 1 tree and 5 shrubs are required for every 30 feet of the perimeter property line. A decorative masonry wall enclosing the facility will be required. Chain link may not be used. The wall must be a minimum of 6’ and up to 8’ in height. The City’s PAC summary listing a more complete list of design requirements is attached for your information. In the event that the site does proceed toward development within the County against the City’s objection, Buckeye would appreciate any assistance from the County to encourage compliance with these same requirements to ensure visual impacts from the use on existing and future residents are mitigated to the extent possible. Additionally, I have copied Scott Zipprich, Ron Moll and John Willett with Buckeye Engineering/Traffic, and Nate Ryan and Jaime Baca with Buckeye Fire who may also have requirements that they will ask be carreid forward should the project develop in the County. Though I will be at a conference on April 4th when the TAC meeting is scheduled, please forward me an invite to the TAC meeting and I will ensure that someone from the City is in attendance to speak on these concerns. 3 Thanks, Ken Galica Principal Planner Development Services Department (623) 349‐6214 From: Andrew Lorentzen (PND) <Andrew.Lorentzen@maricopa.gov> Sent: Tuesday, March 7, 2023 12:38 PM To: rlane@gblaw.com; mvaz@gblaw.com; dhenning@westvalleyview.com; Jon.Lacy@bvfd.az.gov; Mark.burdick@bvfd.az.gov; redletter@azdot.gov; bfenske@azdot.gov; jgarcia@azdot.gov; Teresa.Grombacher@jacobs.com; Ken Galica <kgalica@buckeyeaz.gov>; dmheisler1@aol.com; Alissa.magley@goodyearaz.gov; christopher.baker@goodyearaz.gov; Katie.wilken@goodyearaz.gov; swilken@azmag.gov; Kurt Cotner <kcotner@azmag.gov>; agarza@azmag.gov; pe@azland.gov; Dkrantz@citytocitycre.com; cwebb@roselawgroup.com Subject: Z2023028 ‐ Outside Routing [NOTICE: This message originated outside of the City of Buckeye ‐‐ DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello Registered Area of Interest Member, Please find attached a planning & development application routing for Z2023028. See attached document for instructions to download application materials. Thank you, Andrew Lorentzen Planner PLANNING & DEVELOPMENT 301 W. Jefferson St. Suite 170 Phoenix, AZ 85003 O: 602-506-2364 MARICOPA.GOV Andrew.lorentzen@maricopa.gov Facebook | Instagram | Twitter | YouTube | LinkedIn This message contains confidential information and is intended only for the individual(s) addressed in the message. If you are not the named addressee, you should not disseminate, distribute, or copy this e‐mail. If you are not the intended recipient, you are notified that disclosing, distributing, or copying this e‐mail is strictly prohibited. 4 This message contains confidential information and is intended only for the individual(s) addressed in the message. If you are not the named addressee, you should not disseminate, distribute, or copy this e‐mail. If you are not the intended recipient, you are notified that disclosing, distributing, or copying this e‐mail is strictly prohibited.