01.02. CPA250011 Z250034 BOS REPORT.PDF
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June 10, 2026 CPA250011 & Z250034 Page 1 of 4 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: June 10, 2026 Case #/Title: CPA250011 & Z250034 – Wintersburg 313 Supervisor District: 4 Applicant/Owner: 313 Wintersburg LLC and Wintersburg Four LLC Request: 1) General Comprehensive Plan Amendment (CPA) to change the land use designation within the Tonopah/Arlington Area Plan from Community Retail Center to Industrial. CPA approval is by Resolution 2) Zone change from Rural-43 to IND-3 IUPD Site Location: Generally located at the NWC of Encanto Blvd. and Wintersburg Rd. in the Tonopah area Site Size: Approximately 316.39 acres County Island Status: N/A Additional Comments: • The change in land use designation to industrial and zone change from Rural-43 to IND-3 IUPD will allow for warehousing, manufacturing, energy production, and a data center. Although no Plan of Development (POD) is incorporated into this request, there will be subsequent PODs submitted for administrative approval. • The subject site is located within the service area of the Water Utility of Greater Tonopah. Preliminary conversations have occurred between the applicant and the water service provider regarding future development of water infrastructure. Compensatory power generation will be in the form of solar power. • There are four points of access to the subject site, one of which has a future classification of Parkway (Wintersburg Rd), and another with a future classification as a Principal Arterial (Thomas Rd). Dedication will be required for Wintersburg Rd. • Staff considers industrial land uses as having less compatibility issues than a community retail center. Given the previous unsuccessful attempt to develop the subject site for medium and higher density mixed uses, the local area sat undeveloped and experienced unregulated land divisions that resulted in low-density and sporadic development. June 10, 2026 CPA250011 & Z250034 Page 2 of 4 • There are no outstanding concerns from reviewing agencies and no known opposition to these cases. • CPA approval is by Resolution, attached. Approval of each case will require majority vote of a quorum. Commission Recommendations: On 5/7/26, the Commission voted 7-0 (motion by Commissioner Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve case CPA250011. On 5/7/26, the Commission voted 7-0 (motion by Commissioner Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve case Z250034 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit”, stamped received April 3, 2026, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Narrative Report”, consisting of 10 pages, stamped received April 3, 2026, except as modified by the following conditions. c. There shall be no less than 20 acres preserved for commercial development. The applicant shall identify the location of the 20 acres as part of each plan of development submittal. d. Prior to any ground disturbing activity, an archaeological/historical review shall be completed and submitted to the Arizona State Historic Preservation Office (SHPO). e. The following IND-3 IUPD development standards shall apply for development: 1. Maximum Height (Industrial): 80’ 2. Maximum Height (Energy Production): 150’ 3. Maximum Height (100’ from 387th Ave Alignment): 40’ 4. 387th Ave Alignment: 50’ 5. Maximum Lot Coverage: 75%; solar panels, batter energy storage container, or ancillary electric generation structures shall not contribute to lot coverage calculations. 6. Screening: 6’ solid wall or privacy fence; Perimeters adjacent to ASLD land shall be screened with 6’ solid wall 7. Loading Space (Data Center): 1 space per 250,000 sq. ft. 8. Parking (Data Center): 1 space per 5,000 sq. ft f. The following engineering conditions shall apply: 1. Any new site improvements will require a Plan of Development (that will require engineered Grading and Drainage Plans and Traffic Impact Study) 2. The site contains areas of regulated floodplains (FEMA Zone A and AE). Any development must comply with the Floodplain Regulations for Maricopa County. June 10, 2026 CPA250011 & Z250034 Page 3 of 4 3. Development of the site for the intended use(s) may require re-delineation of the floodplain through the FEMA CLOMR/LOMR process (administered through the Flood Control District). 4. Dedication of roadway right-of-way (R/W) may be required along the frontage(s) of the subject premises to provide additional R/W widths based on the classification of the surrounding roadways, as determined by MCDOTPlanning@maricopa.gov. 5. Given the site’s proximity to I-10, the applicant shall inquire of any concerns with ADOT via their red-letter process (email redletter@azdot.gov). 6. 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. 7. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permits. g. The following Maricopa County Department of Transportation conditions shall apply: 1. Wintersburg Road is classified as an urban principal arterial requiring fee dedication of a 65-foot half street from the section line per the Maricopa County Zoning Ordinance Section 1104. a. It is the developer's responsibility to determine if the existing right of way is fee simple, if it is not then the developer will need to provide the right of way in said form. b. Applicant is required to provide, at applicant’s expense, an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. 2. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 3. Thomas Road is classified as an urban principal arterial requiring preservation of a 65- foot half street from the section line per the Maricopa County Zoning Ordinance Section 1105. 4. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. a. TIA/TIS to be submitted to MCDOT via Permit Center at https://maricopacountyazenergovweb.tylerhost.net/apps/selfservice#/home. June 10, 2026 CPA250011 & Z250034 Page 4 of 4 b. If a TIA/TIS has been previously submitted, approval is valid for one year. If review for construction is not underway within this time period, MCDOT may request an updated traffic report to assess any changes in condition. h. The following Maricopa County Environmental Services Department conditions shall apply: 1. An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. 2. A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. i. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. j. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. k. 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 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: Isaac Perez, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: 5/7/26 P&Z Packet (85 pages) CPA250011 Resolution (2 pages) Note: 5/7/26 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. CPA250011 & Z250034 Page 1 of 19 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Cases: CPA250011& Z250034 – Wintersburg 313 Hearing Date: May 7, 2026 Supervisor District: 4 Applicant: Michelle Santoro, Gammage & Burnham Owners: 313 Wintersburg LLC and Wintersburg Four LLC Requests: 1) General Comprehensive Plan Amendment (CPA) to change the land use designation within the Tonopah/Arlington Area Plan from Community Retail Center to Industrial 2) Zone change from Rural-43 to IND-3 IUPD Site Location: Generally located at the NWC of Encanto Blvd. and Wintersburg Rd. in the Tonopah area Site Size: Approximately 316.39 acres Density: N/A County Island: No County Plan: Tonopah/Arlington Area Plan – Community Retail Center and Rural Densities 0-1 d.u./ac. Municipal Plan: N/A Support/Opposition: None known Recommendation: 1) Approve (CPA250011) 2) Approve with conditions CPA250011 & Z250034 Page 2 of 19 Project Summary: 1. The applicant, Michelle Santoro, Gammage & Burnham, is requesting a General Comprehensive Plan Amendment (CPA) to change the land use designation from Rural-Densities 0-1 du./ac. and Community Retail Center to Industrial. A concurrent application for a zone change from Rural-43 to IND-3 IUPD has been submitted without a precise plan of development to allow future development of the subject site for warehousing, manufacturing, energy production, and a data center. 2. The subject site consists of five contiguous parcels totaling 316.39 acres located south of Interstate-10 at the northwest corner of Encanto Blvd. and Wintersburg Rd. in the Tonopah area. It is north of land owned by the Arizona State Land Department (ASLD). The immediate area is largely undeveloped, and relatively uniform in elevation. Areas of floodplain extend through several portions of the subject site. Most notably, a four-mile wash is located at the east end of the parcel. There is also a large-lot residential subdivision located to the northwest that was originally platted in 1970. It remains sparsely developed. 3. In 2007, a Comprehensive Plan Amendment, CPA2007011, was approved for the subject site to change the land use designation from Rural Densities 0-1 d.u/ac. and Community Retail Center to various land use designations that would have allowed for more intensive residential and commercial uses. As stipulated by the conditions of approval, in 2012, staff initiated a Comprehensive Plan Amendment, CPA2012007, to revert the land use designation back to Rural Densities 0-1 d.u./ac. and Community Retail Center due to a non-development of the subject site. 4. The applicant is seeking deviations from the base IND-3 zoning district development standards for additional height allowance for energy production and industrial, increased lot coverages, reduced area for loading zones, and reduced parking spaces as indicated below. They are also proposing to reserve 20 acres along the northeast end of the subject site for commercial use and provide a 100’ buffer along the west end comprised of 50’ natural open space plus 50’ where no building height would exceed 40’. 5. The following table (next page) contrasts the proposed IUPD against the base IND-3 zoning district: CPA250011 & Z250034 Page 3 of 19 REGULATION BASE ZONING DISTRICT REGULATIONS (IND-3) PROPOSED ZONING DISTRICT REGULATIONS (IND-3 IUPD) Maximum Height 60’ 60’ Maximum Height (Industrial) 60’ 80’ Maximum Height (Energy Production) 60’ 150’ Maximum Height (100’ from 387th Ave Alignment) 60’ 40’ Minimum Front Yard 20' 20’ Minimum Side Yard 0 or 10’ 0 or 10’ 387th Ave Alignment N/A 50’ Minimum Street-side Yard 10' 10’ Minimum Rear Yard 10’ or 25’ 10’ or 25’ Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 60' 60’ Maximum Lot Coverage 60% 75% ; Solar panels, battery storage containers, or ancillary electric generation structures shall not contribute to lot coverage calculations Screening 6' solid wall 6’ solid wall or privacy fence; Perimeters adjacent to ASLD land shall be screened with 6’ solid wall Loading Space (Data Center) 1 space per 10,000 sq. ft. 1 space per 250,000 sq. ft. Parking (Data Center) 1 space per 1,000 sq. ft. 1 space per 5,000 sq. ft 6. The narrative asserts that the proposed development meets the Comprehensive Plan Amendment criteria in the following manner: Whether the amendment constitutes an overall improvement to the Comprehensive Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time The proposed amendment carefully evaluates both current land uses and future planned and approved developments in the area, particularly given its proximity to the I-11 corridor. The project will introduce a significant development to an underdeveloped region, delivering a lasting economic boost for decades. Changing a comprehensive plan designation from commercial/mixed-use to industrial can significantly benefit an area by fostering robust economic development, creating stable, high- paying jobs, and boosting the local tax base. This shift allows for the development of modern logistics, manufacturing, or warehousing facilities that often offer higher, more consistent returns and less maintenance overhead compared to retail or office spaces. Furthermore, converting underutilized land into industrial zones supports local supply chains and can enhance economic resilience by diversifying the employment base beyond consumer- dependent retail. CPA250011 & Z250034 Page 4 of 19 Whether the amendment will adversely impact all or a portion of the planning area by: a. Altering acceptable land use patterns to the detriment of the area plan? • Approval of this Project will not alter land use patterns to the detriment of the Comprehensive Plan. The Wintersburg Road and I-10 interchange has been planned as a retail hub for decades. Even the Tonopah / Arlington Area Plan states that the interchange “favors light industrial and manufacturing to the south”. The Industrial designation is compatible with future approved land use patterns for the area and is consistent with land uses that are generally located along freeway corridors and to the south along Wintersburg Rd such as the Palo Verde Generating Station. Changing the designation to Industrial does not preclude commercial development, it simply allows for more of a mix of uses. b. Requiring public expenditures for larger and more expensive infrastructure improvements to roads, sewer, or water systems than are needed to support the planned uses. • The Project will not adversely impact the expenditures for infrastructure improvements as the development of new roads and infrastructure will be paid for by future developments. Prior to Plan of Development approval, the owner shall submit documentation demonstrating an Assured Water Supply. The Property is within the service area for Global Resources with existing infrastructure approximately ½ mile away. In the Plan of Development process infrastructure for water and sewer will be addressed. c. Adversely impacting planned uses because of increased traffic? • The development will not adversely affect the area due to increased traffic. Although currently vacant, the property was previously designated for a large, mixed-use development. This new proposal will generate far fewer trips than the previously approved 2007 Encanto Village mixed-use plan, which included high density residential, office, and other uses. d. Affecting the livability of the area or the health or safety of present and future residents? • The Project will not adversely impact livability as the development is currently surrounded by vacant property and will carefully take into account any future adjacent developments as they occur. e. Adversely impacting the natural environment or scenic quality of the area in contradiction to the plan • The Project will not adversely impact the natural environment. During the design and development phases each project will be thoughtfully designed to not adversely impact the natural environment, including the 4 Mile Wash located along the eastern Property. All development and engineering design shall be in conformance with the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County. CPA250011 & Z250034 Page 5 of 19 Consistent with the overall intent of the Comprehensive Plan: The proposed Project aligns with the overall intent of the Comprehensive Plan. While the previously approved Encanto Village plans included a broad range of uses, the current proposal adapts to present market conditions, consistent with recent developments in the area. The planned intent of this intersection has always been an active urban, commercial hub. The rooftops are not there to support such development. With the new developments in highway infrastructure, a regional industrial hub still meets intent but responds more appropriately to current demand, while not prohibiting potential commercial development. Consistent with specific goals and policies: The proposed plan amendment supports goals and policies set forth for both the Comprehensive Plan and Area Plan as follows: Maricopa County Comprehensive Plan Land Use Goal 1: Achieve balanced and efficient development patterns: The majority of the Property is already designated as Community Retail Center, which envisions the Property developing as a retail power center near the interstate exchange. With the new freeway alignment nearby the proposed amendment enhances and expands the flexibility for retail, employment and economic opportunities, while still achieving a balance of planned land uses. Again, the Industrial designation will not prohibit a portion of the Property to be developed as commercial, it simply allows for more flexibility in end users. Goal 2: Maricopa County supports phasing plans for new urban development to coordinate such development with new urban services and infrastructure: The West Valley is rapidly growing and changing. This application anticipates the future need and demand and will develop in alignment with services and infrastructure. Coordination with Global Resources will take place at time of Plan of Development. Preliminary discussions have been made and nearby infrastructure identified. Policy 7: Maricopa County supports coordinating land use and infrastructure planning with state agencies, counties, and municipalities: Amending the Property’s designation from Community Retail Center and Rural Development anticipates future needs and growth in the area. Planning between agencies and municipalities will take place as needed when development occurs. Policy 17: Maricopa County supports balanced land use patterns that include various residential, retail, non-retail employment, and public and civic land uses: Amending the Property’s designation from Community Retail Center and Rural Development will enhance and expand the allowable land uses, supporting a more balanced pattern. Again, the Industrial designation will not prohibit a portion of the property to be developed as commercial, it simply allows for more flexibility in end users. Policy 25: Maricopa County supports land use buffers and land use transitions in urban/rural interface areas, including near aggregate mining operations and the county’s regional parks: During the Plan of Development phase, appropriate buffers will be determined for transitions between the proposed use and adjacent uses. CPA250011 & Z250034 Page 6 of 19 Environment Policy 2: To help improve air quality Maricopa County supports balanced and efficient land use patterns where employment, retail and residential land uses are proximate rather than separate: The proposed amendment supports balanced and efficient land use patterns by providing a flexible framework for employment, industry and retail Economic Goal 1: Contribute to an effective regional economy: Response: The Project will add economic opportunity to the regional economy with retail, industrial, and warehousing uses near a major freeway interchange. Goal 2: Have a diverse and balanced economy to promote long-term economic stability and economic resiliency: The Project provides skilled jobs in an underdeveloped area. Goal 4: Create and grow a diverse business climate: The project will attract new innovative businesses such as tech companies utilizing data centers. Growth Areas Goal 1: Achieve orderly urban growth that is fiscally and environmentally responsible, protects public health and safety and promotes sensible annexation patterns: The proposed project aligns with urban growth policies and is planned in an ideal location directly adjacent to the I-10 off-ramp, near a major freeway interchange. Water Resources Goal 4: Increase water conservation: At time of development and construction, the developer will adhere to modern water conservation techniques. Policy 2: Maricopa County supports water conservation techniques in the planning and design of new development: At time of development and construction, the developer will adhere to modern water conservation techniques. Policy 3: Maricopa County supports renewable water use for landscape, park and common area irrigation; artificial lakes; and decorative water features: At time of development and construction, the developer will adhere to modern water conservation and renewable techniques Policy 4: Maricopa County supports compliance with its Drinking Water and Water and Wastewater Treatment Programs: At time of development and construction, the developer will adhere to County Drinking Water and Water and Wastewater Treatment programs. Energy Goal 3: Have balanced and efficient development patterns: The proposed amendment balances development patterns by addressing the typical lack of industrial and employment land in growing areas. It aligns with the future growth patterns and the CPA250011 & Z250034 Page 7 of 19 emerging technological and industrial employment corridors along the I-10 and future I- 11. Cost of Development Goal 2: New development pays its proper and reasonable share of the costs of new infrastructure, services, and other public improvements: Infrastructure and utilities associated with any development within the amendment area will be dedicated or constructed by the developer as each phase is developed. Preliminary discussions with Global Resources have identified existing infrastructure in the area. Tonopah/Arlington Area Plan Land Use Objective L1: Create orderly, efficient, and functional development patterns and create high quality residential, commercial, and industrial land developments that are compatible with adjacent land uses: Response: As stated above, the proposed amendment will provide more effective and functional development patterns. Locating industrial developments along freeway corridors is both functional and efficient Policy L2.2: Where possible and appropriate, in the design and construction of new development, preserve natural drainage ways, including the Hassayampa River, major washes, and open space corridors: Appropriate measures to preserve and/or treat natural drainage ways will be taken at Plan of Development. Policy L3.2: New urban land use development shall be in accordance with the Tonopah/ Arlington Area Plan and respective land use categories: The original plan, adopted in 2000, has not been updated to address the significant changes that have occurred in the area over the past two decades. It no longer reflects the rapidly evolving dynamics of the West Valley. While the existing plan designates industrial development south of the Wintersburg Road and I-10 interchange, the proposed amendment capitalizes on the strategic advantages of this high-degree intersection and corridor. It builds upon and connects to the established industrial uses already present to the south. Policy L3.3: New urban zoning shall be within one mile of existing urban development: As stated above, the west valley is rapidly growing and expanding, especially near the future I-11 interchange, which is approximately 3 miles to the east. Policy L3.5: New urban development (residential and commercial) shall provide evidence of adequate fire protection prior to rezoning. The following standards apply: a) Four (4) minute response time b) 500 gallons per minute pressure rating c) Minimum two (2) engines able to respond: The development will adhere to all fire code requirements. At this time specific uses and building sizes have not yet been determined, therefore requirements have not yet been determined. Policy E4.1: Prior to development, excavation, or grading, require that an applicant submit a letter from the Arizona State Historical Preservation Office stating that the proposed land development will have no effect on historical and cultural resources: An environmental study has been completed that determined no historical or cultural resources on site. The owner will work with Historic Preservation prior to development. CPA250011 & Z250034 Page 8 of 19 Policy ED1.1: Encourage commercial development only when its demand can be justified and with the provision that construction will be completed on the proposed facilities within a specified time period: The demand for commercial is not justified at this intersection, hence the amendment request. Policy ED1.7: Require that future industrial and commercial development be adequately screened from public view: Appropriate screening will be provided with Plan of Development. The I-10 is not raised in this area, so views into the site will be minimal. Policy ED1.8: Encourage industrial development on property zoned industrial prior to rezoning of additional property for industrial use. Economic Development Goal Promote a growing balanced, efficient, and diversified economy, consistent with available resources, that enhances quality employment opportunities, improves quality of life, and is sensitive to the natural and cultural environment: Response: As stated above, the proposed amendment will allow for the development of a diverse, quality employment opportunity with supporting uses. Aerial photo of subject site CPA250011 & Z250034 Page 9 of 19 Aerial image & surrounding environs Eagle view of subject site looking north into subject parcel (aerial image dated 10/02/2021) CPA250011 & Z250034 Page 10 of 19 Photos CPA250011 & Z250034 Page 11 of 19 CPA250011 & Z250034 Page 12 of 19 Lane Use Exhibit CPA250011 & Z250034 Page 13 of 19 Zoning Exhibit. Existing On-Site and Adjacent Zoning / Land Use: 7. On-site: Rural-43 / vacant North: Rural-43 / Thomas Rd. Alignment then vacant South: Rural-43 / Encanto Blvd. then vacant East: Rural-43 / Wintersburg Rd. then vacant West: Rural-43 / vacant CPA250011 & Z250034 Page 14 of 19 Zoning District map Land Use Designation Map of the Tonopah/Arlington Area Plan Utilities and Services: 8. Water: Water Utility of Greater Tonopah Wastewater: Water Utility of Greater Tonopah School Districts Saddle Mountain Unified School District Fire: South County Fire and Medical Police: Maricopa County Sheriff's Office Right-of-Way: 9. The following table (next page) 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. CPA250011 & Z250034 Page 15 of 19 Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification N. Wintersburg Rd 28’ 65’ Parkway Thomas Rd N/A 65’ Principal Arterial 387th Ave N/A 55’ N/A W. Encanto Blvd N/A 40’ N/A Adopted Plan: 10. Tonopah/Arlington Area Plan (adopted September 6, 2000): The subject site is designated as one of three Community Retail Center designations within this plan. Public Participation Summary: 11. Staff received one memo from STOPP, Inc., a neighborhood advocacy group who requested that a portion of land be preserved for commercial use. In response, the applicant has agreed to reserve 20 acres specifically for commercial use. Outstanding Concerns from Reviewing Agencies: 12. Staff received comments from the Arizona Game and Fish Department, who provided development guidelines and recommendations to protect native wildlife during the site construction. 13. Comments were also received from ASLD requesting that the northern half-road right-of-way be retained along Encanto Blvd, and that the portion of the subject site adjacent to ASLD owned land is screened with 6’ high CMU wall. The applicant has agreed to this request. Staff Analysis: 14. Staff believes that the land use designation as Community Retail Center no longer reflects the land uses and development patterns of the local area. While residential development has occurred, it typically takes form in large-lot unregulated land divisions. It is unlikely that any moderate or higher-density residential development will take place in the foreseeable future. A case in point is the West Phoenix Estates Unit 7 subdivision that lies directly northwest of the subject site, and which is well-positioned to support residential development but remains largely vacant since platting in 1970. Because of the lack of residential development, a community retail center would not have the ideal population base to thrive. This is also reinforced by the failed Encanto Village project derived from CPA2007011 which did not develop and which would have featured a mixed-use development and more robust population base. 15. Staff earlier expressed concerns with erosion of the community retail but the applicant has agreed to reserve 20 acres for commercial use. The county’s area plan has two other areas designated for community retail, one to the east along Interstate-10, and one to the south where there is a higher concentration of residents. It was also emphasized by the applicant that IND-3 IUPD zoning will not necessarily preclude commercial or retail development. Staff agrees with this statement. 16. There are concerns with the availability of utilities such as water; however, the applicant is within the service area of the Water Utility of Greater Tonopah aka Global Water and has had CPA250011 & Z250034 Page 16 of 19 conversations about the expansion of infrastructure to serve the subject site. From an energy standpoint, solar would provide the compensatory power generation. There is also adequate access to the site with four points of access via Wintersburg Rd, 387th Ave. alignment, Thomas Rd. alignment, and Encanto Blvd. Recommendations: 17. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve CPA250011. 18. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z250034 subject to the following conditions ‘a’ – “k”: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit”, stamped received April 3, 2026, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Narrative Report”, consisting of 10 pages, stamped received April 3, 2026, except as modified by the following conditions. c. There shall be no less than 20 acres preserved for commercial development. The applicant shall identify the location of the 20 acres as part of each plan of development submittal. d. Prior to any ground disturbing activity, an archaeological/historical review shall be completed and submitted to the Arizona State Historic Preservation Office (SHPO). e. The following IND-3 IUPD development standards shall apply for development: 1. Maximum Height (Industrial): 80’ 2. Maximum Height (Energy Production): 150’ 3. Maximum Height (100’ from 387th Ave Alignment): 40’ 4. 387th Ave Alignment: 50’ 5. Maximum Lot Coverage: 75%; solar panels, batter energy storage container, or ancillary electric generation structures shall not contribute to lot coverage calculations. 6. Screening: 6’ solid wall or privacy fence; Perimeters adjacent to ASLD land shall be screened with 6’ solid wall 7. Loading Space (Data Center): 1 space per 250,000 sq. ft. 8. Parking (Data Center): 1 space per 5,000 sq. ft. f. The following engineering conditions shall apply: 1. Any new site improvements will require a Plan of Development (that will require engineered Grading and Drainage Plans and Traffic Impact Study) 2. The site contains areas of regulated floodplains (FEMA Zone A and AE). Any development must comply with the Floodplain Regulations for Maricopa County. CPA250011 & Z250034 Page 17 of 19 3. Development of the site for the intended use(s) may require re-delineation of the floodplain through the FEMA CLOMR/LOMR process (administered through the Flood Control District). 4. Dedication of roadway right-of-way (R/W) may be required along the frontage(s) of the subject premises to provide additional R/W widths based on the classification of the surrounding roadways, as determined by MCDOTPlanning@maricopa.gov. 5. Given the site’s proximity to I-10, the applicant shall inquire of any concerns with ADOT via their red-letter process (email redletter@azdot.gov). 6. 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. 7. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Final Plat Approval and Building Permits. g. The following Maricopa County Department of Transportation conditions shall apply: 1. Wintersburg Road is classified as an urban principal arterial requiring fee dedication of a 65-foot half street from the section line per the Maricopa County Zoning Ordinance Section 1104. a. It is the developer's responsibility to determine if the existing right of way is fee simple, if it is not then the developer will need to provide the right of way in said form. b. Applicant is required to provide, at applicant’s expense, an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. 2. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 3. Thomas Road is classified as an urban principal arterial requiring preservation of a 65-foot half street from the section line per the Maricopa County Zoning Ordinance Section 1105. 4. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. a. TIA/TIS to be submitted to MCDOT via Permit Center at https://maricopacountyazenergovweb.tylerhost.net/apps/selfservice#/h ome. CPA250011 & Z250034 Page 18 of 19 b. If a TIA/TIS has been previously submitted, approval is valid for one year. If review for construction is not underway within this time period, MCDOT may request an updated traffic report to assess any changes in condition. 5. A mid-section line alignment is located on the southern perimeter and a section line alignment on the western perimeter of the proposed development requiring the setback line to start from a future half street Right-of-Way of 40-feet and 55- feet, respectively, per the Maricopa County Zoning Ordinance Section 1105. 6. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the I-10. h. The following Maricopa County Environmental Services Department conditions shall apply: 1. An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. 2. A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. i. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. j. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. k. 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 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. CPA250011 & Z250034 Page 19 of 19 Presented by: Isaac Perez, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Land Use Exhibit (1 page) Zoning Exhibit (1 page) Narrative Report (24 pages) MCDOT comments (4 pages) MCESD comments (4 pages) DPR comments (2 pages) AZGFD comments (13 pages) ASLD comments (1 page) Public comments (3 pages) Applicant Correspondence (8 pages) ASLD and Applicant Correspondence (4 pages) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 316 approx. Generated April 22, 2026 3:44 PM CPA250011 Application Name: Legal Description WINTERSBURG 313 Applicant Case Address 2N 6W 33 Michelle Santoro Applicant Phone/Email Parcel Primary:506-45-029R 6022560566 Map scale 1:12,906 Supervisor District No. WINTERSBURG 313- REZONE AND COMPREHENSIVE PLAN AMENDMENT TO FACILITATE WAREHOUSE, DATA CENTER, MANUFACTURING, AND ENERGY PRODUCTION Received 04/03/2026 Received 04/03/2026 Arizona Environmental Online Review Tool Report Arizona Game and Fish Department Mission To conserve Arizona's diverse wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations. The Department requests further coordination to provide project/species specific recommendations. Please use the Project Evaluation Form to submit your project to the Project Evaluation Program at PEP@azgfd.gov. Project Name: Maricopa County Case No. CPA250011 & Z250034 - Wintersburg 313 Project Type: Development Outside Municipalities (Rural Development), Commercial/industrial (mall) and associated infrastructure, New construction or expansion Project ID: HGIS-26901 User Project Number: M25-11201911 Project Description: Comprehensive Plan Amendment and Zone Change with Overlay application in Maricopa County for an approximately 320 acre site located south of the I-10 at Wintersburg Road. Rezoning from current rural residential to heavy industrial is intended to allow for mixed industrial uses including warehouses, manufacturing, and data centers. Project is located on undisturbed Sonoran desert scrub habitat. Contact Person: Calle Hinkle Organization: Arizona Game & Fish On Behalf Of: MARICOPA Page 1 of 9 Arizona Game and Fish Department project_report_maricopa_county_case_no_cpa_93546_96427.pdf Project ID: HGIS-26901 Review Date: 12/4/2025 01:41:01 PM Page 4 of 9 Arizona Game and Fish Department project_report_maricopa_county_case_no_cpa_93546_96427.pdf Project ID: HGIS-26901 Review Date: 12/4/2025 01:41:01 PM Page 5 of 9 Arizona Game and Fish Department project_report_maricopa_county_case_no_cpa_93546_96427.pdf Project ID: HGIS-26901 Review Date: 12/4/2025 01:41:01 PM Page 6 of 9 1 Isaac Perez (PND) From: Sent: Tuesday, April 28, 2026 3:31 PM To: Isaac Perez (PND) Cc: Ashley Z. Marsh Subject: RE: Case No. Z250034 Categories: Green Category This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. Thank you Isaac. We are good with all the stipulations and with providing a 6’ CMU wall along the ASLD portion. Thanks. Michelle Santoro Senior Land Use Planner Gammage & Burnham | Profile 602.256.4486 Direct From: Isaac Perez (PND) <Isaac.Perez@maricopa.gov> Sent: Tuesday, April 28, 2026 11:29 AM To: Cc: Subject: FW: Case No. Z250034 Good morning, Michelle Please see below correspondence from ASLD. ASLD has requested that the portion of the parcel adjacent to their property be screened with 6’ CMU wall in lieu of 6’ CMU or privacy fence as varied by the application request. Is this something that would be welcomed? Please let me know by the end of the day as our final staff reports will be going to print tomorrow morning. Isaac Perez Planner Planning & Development 301 W JeƯerson St Suite 170 Phoenix, AZ 85003 O: 602-506-7150 E: isaac.perez@maricopa.gov [ Maricopa.Gov ] Facebook | Instagram | X | YouTube | LinkedIn 2 Please be aware there is rampant fraud attempts to solicit wire transfer payments based upon email addresses found in public records. Maricopa County will never ask for a wire transfer payment. Maricopa County is developing the Framework 2040 Comprehensive Plan – a document which guides growth and development for the next decade and beyond. Visit Framework 2040 to learn how to participate, attend meetings and be heard! From: Rhonda Buss <rbuss@azland.gov> Sent: Tuesday, April 28, 2026 7:35 AM To: Isaac Perez (PND) <Isaac.Perez@maricopa.gov> Cc: Karen Dada <kdada@azland.gov> Subject: Re: Case No. Z250034 Good mor ning Isaac, Thank you for reaching out. A 6-foot CMU wall should work wonderfully. Appreciate the coordination, thank you. Best regards, Rhonda Buss, AICP Planner III 1110 W. Washingt on St Phoenix, AZ 85007 602-542-3126 land. az. gov | Good morning Isaac, Thank you for reaching out. A 6-foot CMU wall should work wonderfully. Appreciate the coordination, thank you. Best regards, Rhonda Buss, AICP Planner III 1110 W. Washington St Phoenix, AZ 85007 602-542-3126 land.az.gov | Facebook | Twitter/X On Mon, Apr 27, 2026 at 1:26 PM Isaac Perez (PND) <Isaac.Perez@maricopa.gov> wrote: Good afternoon, Ms. Buss, Thank for the response. The applicant has requested that the property be allowed to be screened with either 6 CMU wall or other privacy type screening. From your standpoint, Would privacy type screening satisfy this requirement? 3 Isaac Perez Planner Planning & Development 301 W JeƯerson St Suite 170 Phoenix, AZ 85003 O: 602-506-7150 E: isaac.perez@maricopa.gov [ Maricopa.Gov ] Facebook | Instagram | X | YouTube | LinkedIn Please be aware there is rampant fraud attempts to solicit wire transfer payments based upon email addresses found in public records. Maricopa County will never ask for a wire transfer payment. Maricopa County is developing the Framework 2040 Comprehensive Plan – a document which guides growth and development for the next decade and beyond. Visit Framework 2040 to learn how to participate, attend meetings and be heard! From: Rhonda Buss <rbuss@azland.gov> Sent: Thursday, April 23, 2026 3:50 PM To: Isaac Perez (PND) <Isaac.Perez@maricopa.gov> Cc: Karen Dada <kdada@azland.gov> Subject: Case No. Z250034 Dear Isaac, Thank you for the public notice regarding Case No. Z250034. ASLD requests that the I-3 screening dev. standard, minimum six-foot masonry wall along the perimeter of the property or to screen industrial outdoor uses, be upheld where Dear Isaac, Thank you for the public notice regarding Case No. Z250034. ASLD requests that the I-3 screening dev. standard, minimum six-foot masonry wall along the perimeter of the property or to screen industrial outdoor uses, be upheld where adjacent to State Trust Land (STL). STL may develop sometime in the future. 4 Please feel free to contact me if the County would like to discuss this further. Thank you, Rhonda Buss, AICP Planner III 1110 W. Washington St Phoenix, AZ 85007 602-542-3126 land.az.gov | Facebook | Twitter/X