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Record of Proceedings

Planning and Zoning Commission Meeting - August 7, 2026: Battery Energy Storage System Zoning Text Amendment

Planning and Zoning Commission — Friday, August 7, 2026
BodySurprise, Arizona
SessionPlanning and Zoning Commission
DateFriday, August 7, 2026
StatusFILED
Video Record
0:00 / 1:14:03

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
2:52

I'd like to call that the planning zoning commission meeting uh to order on this Thursday, August sixth, two thousand twenty-six.

3:01

And uh could we please sir, could we please have roll call?

3:05

Commissioner Perry.

3:07

Here.

3:07

Commissioner Holland.

3:08

Here.

3:09

Commissioner Leonard.

3:10

He has an excuse absence.

3:13

Chair Chapman.

3:14

Here.

3:15

Vice Chair Spada.

3:17

He also has an excused absence.

3:19

Commissioner Everett?

3:20

Here.

3:21

Commissioner Bash.

3:22

Here.

3:22

We have a quorum.

3:24

Okay, thank you.

3:39

One nation.

3:48

Thank you.

3:50

Travis, our director.

3:53

Do we uh have any current events or staff reports this evening?

3:57

Thank you, Chair.

3:58

Nothing for me tonight.

3:59

Okay, thank you.

4:01

If we could move to the consent uh agenda item, sir.

4:07

Consideration and action to approve or disapprove the July sixteenth, twenty twenty-six planning and zoning commission meeting minute.

4:16

Okay, I think that uh we're gonna be unable to take action on it because we don't have a quorum.

4:24

The two people that were absent last week are here tonight to form a quorum, but we do not have uh they couldn't vote, so we'll table this until our next meeting.

4:48

Oh, excuse me.

4:49

I believe you do need to make a motion for that to table that item.

4:54

I moved to table consideration of the minutes till the next meeting.

5:10

Motion passes with four votes in favor.

5:14

Okay, thank you.

5:15

Uh now we can move on to our next regular agenda item, the public hearing.

5:22

Consideration and action pertaining to a proposed zoning text amendment, ZTA to the surprise land development ordinances, LDO related to battery energy storage systems, best case number FS23-1041.

5:40

Thank you.

5:41

And uh we have Chris with us tonight.

5:43

Yes, thank you, Chair and Commission.

5:45

Good evening.

5:46

The item before you is a zone text amendment for a battery energy storage system, also known as BESS.

5:56

So to give you a background on the timeline, staff has been working on this for a few years now.

6:01

The initial apologies on that, the slideshow is okay.

6:20

Thank you.

6:21

Sorry about that.

6:22

So to give you a background on the timeline, staff has been working on this for a few years now.

6:27

The initial outreach meeting was held in January 2025.

6:31

After that, staff or after that outreach meeting, staff did some additional work on the text amendment, and then a second outreach meeting was held in January of earlier this year.

6:41

In May, staff had a work session with the commission.

6:44

In the beginning of June, staff had a work a work session with city council.

6:48

However, due to time constraints, a second work session was held with city council.

6:55

So for the public hearings, of course, we're before you tonight for you to provide a recommendation to city council.

7:01

The city council meeting will then be held on September 1st for a final decision on the text amendment.

7:13

So to recap on the topics of discussion from the commission.

7:18

Um overall, commission was supportive of the text amendment for adding the use and the approach provided with the proposed amendment.

7:25

Specific topics of discussion was noise.

7:28

And the feedback was the approach to addressing noise was not clear and defined enough.

7:33

Staff's response was that the noise study will just mirror the requirements of the code.

7:38

There was some feedback that our exception to residential and multifamily projects in relation to solar did not expand to commercial purposes.

7:47

The proposed text amendment was revised to exclude rooftop solar for commercial, industrial, and industrial installations.

Discussion Breakdown — Share of Meeting
Energy Policy█████████████████████████████████████37%
Public Safety██████████████████████22%
Zoning Regulations████████████████████20%
Procedural█████████9%
Miscellaneous██████6%
Public Engagement██2%
Workforce Development██2%
Economic Development██2%
Summary of Proceedings

Planning and Zoning Commission Meeting - August 7, 2026

Note: The transcript indicates the meeting was called to order on Thursday, August 6, 2026, and continued into the early hours of August 7, 2026, matching the provided timestamp. The meeting focused on a proposed zoning text amendment (ZTA FS23-1041) for Battery Energy Storage Systems (BESS). The commission heard public testimony and deliberated on appropriate separation distances before voting to recommend approval with a 100-foot setback from existing dwellings.

Consent Calendar

  • The July 16, 2026, planning and zoning commission meeting minutes were tabled to the next meeting due to the absence of two commissioners who had been present at the previous meeting (Commissioner Leonard and Vice Chair Spada had excused absences). A motion to table passed with four votes in favor.

Public Comments & Testimony

  • Mike Johnson (landowner in Surprise) expressed support for the 100-foot setback, arguing that larger setbacks (500, 1,000, 1,500 feet) do not account for substation requirements and are inconsistent with NFPA standards and other jurisdictions. He noted that the city would benefit from tax revenue and that the 100-foot setback is realistic.
  • Matthew Ragsdale (Key Capture Energy) supported the 100-foot setback, citing NFPA and Fire and Risk Alliance recommendations as the baseline.
  • Autumn Johnson (Arizona Solar Energy Industries Association) supported a setback of no more than 150 feet based on national best practices, and recommended incorporating a waiver provision similar to Goodyear's ordinance to allow flexibility with a plume study. She thanked staff for clarifying that the ordinance applies to utility-scale systems, not customer-sited systems.
  • Kimberly Fadul (retired teacher, West Valley resident) expressed support for clean energy and the 100-foot setback, emphasizing the need for reliable power during hot summers and cleaner air.
  • Christiana Fadul Pepper (Buckeye resident, but with ties to Surprise) supported the 100-foot setback, aligned with Maricopa County and NFPA standards, and urged the commission to base decisions on current technology.
  • Jessica Perry (APS Public Affairs Manager) supported the 100-foot setback and also suggested considering Goodyear's model with a plume study option for larger setbacks. She emphasized that BESS is essential for grid reliability.
  • Manel Gutierrez (Veterans Bower America) supported the 100-foot setback, noting that clean energy projects create jobs for veterans and provide reliable power.

Discussion Items

  • Staff Presentation: Chris (staff) provided a timeline of the ZTA process, including outreach meetings in January 2025 and 2026, work sessions with the commission and city council, and council's direction to provide three separation options: 1,000 feet, 500 feet, or 100 feet from existing dwellings. The proposed ordinance creates a Battery Overlay Zone with a 150-foot setback from the property line to the perimeter wall, plus an additional separation from existing dwellings. Staff clarified that the overlay zone cannot be combined with other overlay districts and that the 100-foot separation is a siting criterion at the time of zoning entitlement.
  • Commissioner Perry: Expressed strong support for the 100-foot setback, noting economic benefits (stable grid for TSMC and other growth) and that the combined 150-foot wall setback plus 100-foot dwelling separation equals 250 feet, which is reasonable. He thanked staff for their work.
  • Commissioner Holland: Focused on safety, referencing an EPA evacuation recommendation of 330 feet from equipment. He liked the Goodyear model (330 feet to residential, reducible to 150 feet with a plume study). He expressed concern that the language "existing dwelling" could allow a BESS facility to be sited next to undeveloped residential lots, bypassing the buffer. He ultimately supported the 100-foot setback as adequate for safety and accommodation of existing landowners.
  • Commissioner Everett: Supported the 100-foot setback, arguing that NFPA standards should be applied consistently. He contrasted BESS with gas stations (which have more fires but no special setbacks) and emphasized grid reliability and tax revenue. He noted that some council members had not toured a BESS facility.
  • Commissioner Bash: Supported the 100-foot setback but asked whether the setback would hamstring property owners wishing to build accessory dwelling units. Staff clarified it would not.

Key Outcomes

  • Motion: Commissioner Perry moved to recommend approval of ZTA FS23-1041 to the mayor and city council with a separation distance of 100 feet from existing dwelling units. The motion was seconded and passed with five votes in favor (Commissioners Perry, Holland, Everett, Bash, and Chair Chapman; Commissioners Leonard and Spada were absent).
  • Next Steps: The recommendation will be forwarded to the city council for a final decision on September 1, 2026.

Meeting Transcript

I'd like to call that the planning zoning commission meeting uh to order on this Thursday, August sixth, two thousand twenty-six. And uh could we please sir, could we please have roll call? Commissioner Perry. Here. Commissioner Holland. Here. Commissioner Leonard. He has an excuse absence. Chair Chapman. Here. Vice Chair Spada. He also has an excused absence. Commissioner Everett? Here. Commissioner Bash. Here. We have a quorum. Okay, thank you. One nation. Thank you. Travis, our director. Do we uh have any current events or staff reports this evening? Thank you, Chair. Nothing for me tonight. Okay, thank you. If we could move to the consent uh agenda item, sir. Consideration and action to approve or disapprove the July sixteenth, twenty twenty-six planning and zoning commission meeting minute. Okay, I think that uh we're gonna be unable to take action on it because we don't have a quorum. The two people that were absent last week are here tonight to form a quorum, but we do not have uh they couldn't vote, so we'll table this until our next meeting. Oh, excuse me. I believe you do need to make a motion for that to table that item. I moved to table consideration of the minutes till the next meeting. Motion passes with four votes in favor. Okay, thank you. Uh now we can move on to our next regular agenda item, the public hearing. Consideration and action pertaining to a proposed zoning text amendment, ZTA to the surprise land development ordinances, LDO related to battery energy storage systems, best case number FS23-1041. Thank you. And uh we have Chris with us tonight. Yes, thank you, Chair and Commission. Good evening. The item before you is a zone text amendment for a battery energy storage system, also known as BESS. So to give you a background on the timeline, staff has been working on this for a few years now. The initial apologies on that, the slideshow is okay. Thank you. Sorry about that. So to give you a background on the timeline, staff has been working on this for a few years now. The initial outreach meeting was held in January 2025. After that, staff or after that outreach meeting, staff did some additional work on the text amendment, and then a second outreach meeting was held in January of earlier this year. In May, staff had a work session with the commission. In the beginning of June, staff had a work a work session with city council.

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