Surprise Planning & Zoning Commission Work Session on BESS Overlay – May 22, 2026

The Planning and Zoning Commission met on May 22, 2026, at 00:56 UTC to consider a conditional use permit for a Brakmasters vehicle repair facility and to discuss a proposed zoning text amendment (ZTA) establishing a Battery Energy Storage Systems (BESS) overlay zone. The commission took public testimony from industry representatives, safety experts, and a landowner advocating for a reduced setback from residential dwellings. After deliberation, the commission directed staff to revise the proposed 1,500-foot setback to a more evidence-based distance, likely around 100 to 150 feet from dwellings, while retaining existing on-site setback requirements.

Consent Calendar

• Approved the May 7, 2026, Planning and Zoning Commission meeting minutes by unanimous voice vote.

Public Comments & Testimony

• Jeremy Aiken (development manager, Bay WA) expressed support for the BESS ordinance as drafted and urged prompt adoption, noting 1,500-foot setback is conservative but workable.
• James Caulfield (Fire Risk Alliance, 22-year firefighter) provided expert testimony on BESS safety, stating that plume studies show no detectable hazards beyond the fence line and that evacuations are rarely necessary. He recommended a 100-foot setback based on NFPA standards.
• Matthew Ragsdale (Key Capture Energy) encouraged the commission to use evidence-based data to adopt a more reasonable setback than 1,500 feet.
• Mike Johnson (landowner in Surprise) proposed a 150-foot setback from residential structures and 50 feet from property lines, citing Buckeye and Maricopa County standards. He argued 1,500 feet would eliminate 99% of viable sites.
• Autumn Johnson (Arizona Solar Energy Industries Association) raised three concerns: (1) the ordinance lacks a clear scope and could apply to small commercial systems; (2) 1,500-foot setback should be replaced with 150 feet; (3) noise standard should be objective (decibel-based). She requested administrative flexibility for modifications.
• James (NextEra Energy Resources) stated typical setbacks are 50 to 150 feet and referenced NFPA 855, which requires only 10 feet from a lot line for remote locations. He recommended aligning with Maricopa County’s ordinance.
• Sarah No (attorney for NextEra Energy Resources) warned that the proposed type-three rezone process (6–9 months) plus discretionary site-plan review creates unworkable risk for meeting power purchase agreement deadlines, effectively a de facto moratorium. She suggested BESS be a permitted use in I2/I3 districts with site plan approval.
• Cipan Alizada (Arizona Technology Council) thanked staff and urged reconsideration of the 1,500-foot setback, noting BESS enables tech companies to locate in the West Valley.
• Christiana Fadul Pepper (advocate from Buckeye) urged alignment with NFPA and Maricopa County, stressing energy storage is safer than fossil fuels and generates tax revenue.

Discussion Items

• Presentation by Staff (Chris Trevor):

  • Proposed ZTA defines BESS and battery cabinet, establishes a battery overlay zone requiring type-three rezone and site plan approval.
  • Standalone BESS permitted in all character areas except Heritage District; accessory uses allowed in certain zones with a CUP.
  • Key development standards: 8-12 ft perimeter wall, 150 ft on-site setback from property line to cabinets, 1,500 ft separation from existing dwellings (based on standard evacuation radius of 1,500 ft).
  • Staff provided comparisons: Buckeye 150 ft (with variance to 330 ft), Goodyear draft 330 ft (reduced to 150 ft with plume study), Maricopa County 100 ft.
  • Timeline: Public hearings scheduled June 4 (P&Z) and June 16 (City Council).

• Commissioner Comments & Questions:

  • Commissioner Perry: Shared experience touring an 80 MW BESS facility; could not hear it from 150–200 ft. Emphasized technology improvements and economic benefits (tax revenue, high-wage jobs supporting semiconductor industry). Asked staff to survey surrounding cities’ setbacks.
  • Commissioner Holland: Sought clarification on evacuation rationale for 1,500 ft. Fire department representative confirmed 1,500 ft is worst-case based on Emergency Response Guidebook. Holland expressed preference for evidence-based setback tied to actual impact zone (e.g., 250–300 ft) rather than evacuation distance. Supported noise standard mirroring existing code. Agreed with restricting scope to utility-scale, not small commercial.
  • Commissioner Everett: Opposed 1,500 ft as prohibitive; supported 100 ft setback (matching county). Criticized subjective language in noise standard and sole discretion of community development director; called for objective decibel threshold and clearer approval process. Noted McMicken fire involved lead-acid batteries, not modern lithium-ion.
  • Commissioner Bash: Compared BESS risk to propane tanks (allowable near homes), reasoning 1,500 ft is too restrictive. Recommended economic development department review impact on attracting industry.
  • Commissioner Leonard: Asked safety expert for recommendation; James Caulfield reaffirmed 100 ft based on NFPA and training. Leonard supported 100–150 ft with engagement of fire department.
  • Commissioner Perry (second comment): Raised question about safety disparity: if BESS is near industrial buildings (workers closer) but 1,500 ft from residences, is worker safety less valued? Commissioner Leonard refuted that industrial standards exist.
  • Chair Chapman: Summarized consensus: reduce setback to approximately 100–150 ft from dwellings, retaining the 150 ft on-site setback for total effective distance of 250 ft. Commissioners generally agreed with that range.

Key Outcomes

• Consent Calendar: Approved unanimously (7-0).
• Conditional Use Permit (Brakmasters): Approved unanimously (7-0) subject to stipulations A–E in staff report.
• BESS Zoning Text Amendment (Direction to Staff):
  • Reduce the separation distance from existing dwellings from 1,500 ft to a distance in the range of 100–150 ft (commission consensus leaned toward 100 ft as recommended by safety expert; on-site setback of 150 ft from property line to cabinets to remain, making total effective distance approximately 250 ft).
  • Clarify scope: limit ordinance to utility-scale BESS (exclude small commercial behind-the-meter systems).
  • Revise noise standard to use objective decibel thresholds rather than subjective “perceptible beyond site boundaries.”
  • Consider adding administrative flexibility for minor modifications without requiring full rezone.
  • Staff to survey setbacks in neighboring jurisdictions (Peoria, Glendale, Avondale) and obtain input from economic development department.
  • Public hearings scheduled June 4 (P&Z) and June 16 (City Council); staff to incorporate direction into revised draft.