Vote — approved

Kate Brophy McGee	yes
Debbie Lesko	yes
Mark Stewart	yes
Thomas Galvin	yes
Steve Gallardo	no

9.PROJECT BACCARA Case #: MCP250007 (Supervisorial District: 4) Applicant and Owner: Madison Leake, Burch & Cracchiolo / Baccara Eagle Land, LLC Request: Military Compatibility Permit (MCP) for utility land uses to include gas power generation facility and data center in the IND-3 MAAMF & Rural-43 MAAMF zoning districts Site Location: Generally located north of Olive Rd. and ½-mile west of Litchfield Rd. in the west Glendale area Commission Recommendation: On 4/9/26, the Commission voted 8-0 (mo

Item Text

9. PROJECT BACCARA Case #: MCP250007 (Supervisorial District: 4) Applicant and Owner: Madison Leake, Burch & Cracchiolo / Baccara Eagle Land, LLC Request: Military Compatibility Permit (MCP) for utility land uses to include gas power generation facility and data center in the IND-3 MAAMF & Rural-43 MAAMF zoning districts Site Location: Generally located north of Olive Rd. and ½-mile west of Litchfield Rd. in the west Glendale area Commission Recommendation: On 4/9/26, the Commission voted 8-0 (motion by Commissioner Toma D4, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors approve MCP250007 subject to conditions ‘a’ -‘p’. a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Project Baccara Military Compatibility Permit Narrative”, consisting of 20 pages, revision dated 3/17/2026, and stamped received 3/19/26, except as modified by the following conditions. b. The Military Compatibility Permit will only allow the following land uses pursuant to MCP250007: 1. Natural gas power generating facility with turbines 2. Backup power with propane and diesel 3. Field electrical substation 4. Data center buildings and appurtenances 5. Screening, parking and security c. The following IND-3 MAAMF and Rural-43 MAAMF zoning district standards shall apply: 1. Maximum gas turbine stack height: 72’ 2. Minimum gas turbine setback: 150’ measured from any lot line. 3. Minimum setback: 75’ measured from any lot line. 4. Minimum parking spaces: Data Center uses 1 : 10,000 sq. ft. of floor space. 5. Minimum parking spaces: Gas Turbine Yard uses 1 : 1,500 sq. ft. of floor space. 6. Minimum screening: Along the north and east perimeter of use, a minimum 8’ high solid wall shall be provided. Along the west and south perimeter of use, a minimum 8’ high anti-climb fence (such as Ameriscar Impasse II or similar) and landscape screening shall be provided. d. Changes to the Baccara Project Military Compatibility Permit MCP250007 with regard to any of the approved land uses or the conditions approved by the Board of Supervisors, shall be processed as a revised application with approval by the Board of Supervisors upon recommendation of the Planning and Zoning Commission. Revised applications shall be in accordance with the applicable zoning ordinance and County regulations in effect at the time of amendment application. Non-compliance with the approved Baccara Project Military Compatibility Permit, including the narrative report or approved conditions constitutes a violation in accordance with the Maricopa County Zoning Ordinance. e. Unless effective annexation into the City of Glendale, prior to approval of a precise Plan of Development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Glendale that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). f. Unless effective annexation into the City of Glendale, approval by the Board of Supervisors 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. g. The development and operation of the site shall comply with all Conditions for Compatibility and Additional Requirements identified in the Luke Air Force Base letter dated March 13, 2026, which are incorporated herein by reference. h. The applicant shall submit a Military Compatibility Compliance Report as part of the Plan of Development application and building permits subject to review and approval by the Maricopa County Planning and Development Department, in coordination with Luke Air Force Base, prepared and sealed by qualified professionals, demonstrating compliance with all applicable Luke Air Force Base requirements as outlined in the letter dated March 13, 2026, including but not limited to: 1. Electromagnetic interference (EMF/RFI): A technical analysis demonstrating that the facility will not create interference with military or civilian aviation systems, communications equipment, or radar operations. 2. Airspace and communications (FAA/FCC): Documentation of completed FAA Obstruction Evaluation/Airport Airspace Analysis (OE/AAA), any required spectrum analysis, and all required FCC authorizations, demonstrating that no structure or equipment constitutes a hazard to air navigation or communications. 3. Visibility, lighting, and exhaust/plume impacts: A glare analysis and exhaust/plume study demonstrating that lighting, reflective surfaces, emissions, heat exhaust, or atmospheric effects will not impair pilot visibility or interfere with aircraft operations. 4. Air quality compliance (ADEQ): Evidence of all required air quality permits and demonstration that emissions will comply with applicable federal, state, and local regulatory limits. 5. Fire protection and hazard mitigation: A plan demonstrating that the facility is designed to minimize risks associated with fire, explosion, or aircraft impact, including coordination with and approval by the applicable fire authority. 6. Fuel system design: Demonstration that no natural gas storage will occur on-site and that all fuel delivery and backup systems comply with applicable safety regulations and codes. 7. DoD Siting Clearinghouse review: Documentation confirming submittal to the Department of Defense Siting Clearinghouse and demonstration that any recommendations or conditions resulting from that review have been incorporated into the project design. 8. Sound attenuation and notification: Demonstration of compliance with A.R.S. § 28-8482 and implementation of a notification program informing occupants and users that the property is located within the vicinity of a military airport and subject to aircraft overflights. i. The operation of the facility shall not create visual, atmospheric, or electronic interference with aircraft operations. If such impacts are identified by Luke Air Force Base, the FAA, or other regulatory agencies, the operator shall take corrective action to eliminate the impact. Failure to do so shall constitute a violation of this approval. j. All development standards and design criteria, including amenity and enhancement guidelines, shall be established at the time of precise plan of development or amendment thereto. All precise plans of development or amendments thereto shall be approved by the Board of Supervisors, upon recommendation by the Commission. k. All buildings subject to noise attenuation as per ARS § 28-8482(B). l. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Polices 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. 2. 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’s drainage infrastructure. 3. Maricopa County does not supply water, fire, or sewer services. It is the applicant/owner’s responsibility to coordinate and secure water, fire and sewer services for the site. 4. Sealed final Grading and Drainage (Site Infrastructure) Plans and Sealed Final drainage report must be submitted with the application for Building Permits. m. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15 service connections per day for at least 60 days per year is classified as a Public Water System (PWS). If the above criteria are met, a Public Water System application and a New Source Approval application are required and must be submitted to the MCESD’s Drinking Water Program. A water quality analysis report will be required with submittal and is good within one-year of testing. 2. Per the Safe Drinking Water Act, a Community Water System (CWS) is defined as a Public Water System that serves the same 25 or more year-round residents. A Non-Transient Non-Community Water System (NTNCWS) is defined as a Public Water System that serves the same 25 or more persons for at least six months per year. If a new CWS or NTNCWS is being created, then the following major requirements must be complete prior to the issuance of a CWS or NTNCWS permit: a. The Arizona Department of Environmental Quality (ADEQ) requires new CWS and NTNCWS to submit an Elementary Business Plan. Please contact ADEQ at capdev@azdeq.gov for more information on this requirement. New Source Approval is required for both groundwater and surface water sources. b. New Source Approval is required for both groundwater and surface water sources. c. Engineering Approval may be required by MCESD Subdivision and/or Treatment Programs. d. Certified Operator – All public water systems must obtain the services of a certified water operator. 3. A public Water System application and a New Source Approval application are required and must be submitted to the MCESD Drinking Water Program. 4. An Approval to Construct application is required to be submitted to the MCESD’s Treatment Program for all PWS water treatment facilities. For questions, please contact the Water/Wastewater Treatment Program at (602) 372-2861 or email treatmentplantprogram@maricopa.gov 5. An Approval to Construct application is required to be submitted to the MCESD’s Treatment Program for all PWS water treatment facilities. For questions, please contact the Water/Wastewater Treatment Program at (602) 372-2861 or email treatmentplantprogram@maricopa.gov. 6. An Approval to Construct application is required to be submitted to the MCESD’s Subdivision & Infrastructure Program for all PWS water system infrastructure. For questions, please contact the Subdivision & Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov . For additional Drinking Water related questions, please contact the Drinking Water program at (602) 506-6935. n. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. o. 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 may be considered for revocation 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 Military Compatibility Permit. The Military Compatibility Permit enhances the value of the property above its value as of the date the Military Compatibility Permit is granted and reverting to the prior zoning results in the same value of the property as if the Military Compatibility Permit had never been granted. p. The IUPD approved per Z 99-027 as amended Z2000193 is unnecessary and removed with approval of this Military Compatibility Permit. (C-44-26-101-X-00)

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