Item 76 - Backup Memo.pdf

City of Phoenix — Formal (2025-12-03)

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City of Phoenix

PLANNING & DEVELOPMENT DEPARTMENT

To: Mayor and City Council Members Date: December 3, 2025

From: Joshua Bednarek
Planning and Development Director

Subject: ITEM 76 ON THE DECEMBER 3, 2025, FORMAL AGENDA — PUBLIC
HEARING AND ORDINANCE ADOPTION - REZONING APPLICATION Z-29-A-
14-1 (METRO NORTH CORPORATE PARK PUD) - APPROXIMATELY 550
FEET SOUTH OF THE SOUTHWEST CORNER OF THUNDERBIRD ROAD
AND BLACK CANYON HIGHWAY (ORDINANCE G-7450)

Item 76, Rezoning Application No. Z-29-A-14-1, is a request to rezone 42.61 acres
located at approximately 550 feet south of the southwest corner of Thunderbird Road
and Black Canyon Highway from PUD (Planned Unit Development) to PUD (Planned
Unit Development) for a Major Amendment to the Metro North Corporate Park PUD
regarding data centers, landscape setbacks, and design standards.

The Planning Commission heard this request on November 6, 2025, and recommended
approval, per the staff recommendation with the modifications, by a vote of 8-0.

The Planning Commission approved the applicant’s request to delete Stipulation No. 1.b
and revise Stipulation No. 1.c with direction to the applicant to work with staff to address
health and safety concerns prior to the City Council Hearing.

As a result of ongoing discussions with the applicant after the Planning Commission
hearing, modifications to the Planning Commission recommended stipulations are
proposed to address the health and safety standards outlined in the Phoenix Zoning
Ordinance for data centers.

The modified stipulations are listed below in BOLD AND CAPITAL letters.
Staff recommends approval, subject to the following stipulations:

1. An updated Development Narrative for the Metro North Corporate PUD reflecting
the changes approved through this request shall be submitted to the Planning
Department within 30 days of City Council approval of this request. The updated
Development Narrative shall be consistent with Development Narrative date
stamped October 28, 2025, as modified by the following stipulations.

a. Front Cover:
Revise Hearing Draft date to reflect October 28, 2025.
Add “City Council adopted: [Insert Adoption date]’.

2-29-A-14-1 City Council Back-up Memo
December 3, 2025
Page 2 of 4

b. Page 17: Section H, Data Center Use Criteria, Delete Second and Fourth
Bullets and revise as follows:

ae

Dj —_ . é Lr

card

« PERMANENT POWER GENERATION SHALL NOT BE
PERMITTED ON THE PROPERTY, EXCEPT FOR EMERGENCY
BACKUP GENERATORS. OWNER MAY ONLY OPERATE
EMERGENCY BACKUP GENERATORS IN THE EVENT OF A
UTILITY OUTAGE OR FOR PERIODIC TESTING AND
MAINTENANCE.

Cc Page 18: Section H, Data Center Use Criteria, Noise Generation. Revise
as follows:

- “Noise Generation:

NOFLIMITED TO NOISE GENERATED BY MECHANICAL

2-29-A-14-1 City Council Back-up Memo

December 3, 2025
Page 3 of 4

(@)

DATA CENTER USES WILL NOT GENERATE NOISE IN
EXCESS OF 55 DB(A) BETWEEN 7:00 AM AND 10:00 PM OR
45 DB(A) BETWEEN 10:00 PM AND 7:00 AM WHEN
MEASURED FROM THE PROPERTY LINE OF THE NEAREST
RESIDENTIALLY ZONED PROPERTY.

THE PROJECT WILL UTILIZE INDUSTRY-STANDARD NOISE
MITIGATION STRATEGIES, ACOUSTIC DESIGNS, AND
MATERIALS TO REDUCE OVERALL NOISE LEVELS TO MEET
CITY STANDARDS.

THE NOISE LIMITS SET FORTH ABOVE WILL BE INCREASED
TO A LEVEL THAT DOES NOT EXCEED THE LEVEL OF
EXISTING BACKGROUND NOISE, IF SUPPORTED BY A
NOISE STUDY SUBMITTED BY THE DEVELOPER AND

2-29-A-14-1 City Council Back-up Memo
December 3, 2025

Page 4 of 4

APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

d. Page 19: Section H, Data Center Use Criteria, Law Enforcement and
Emergency Management Coordination. Please delete last sentence.

e. Page 19: Section H, Data Center Use Criteria: Add new “Cybersecurity
Requirements” section with the following standards:

e OWNER SHALL OBTAIN AND MAINTAIN THROUGHOUT THE
TERM, A CSA STAR LEVEL 2 ASSURANCE (EITHER STAR
CERTIFICATION OR STAR ATTESTATION), OR AN
EQUIVALENT CERTIFICATION OR ATTESTATION APPROVED
BY CITY STAFF. EVIDENCE OF CURRENT STAR LEVEL 2
STATUS (CERTIFICATE OR MOST-RECENT ATTESTATION
REPORT) SHALL BE PROVIDED TO THE CITY PRIOR TO
ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR ANY
DATA CENTER USE.

¢ IDENTIFY A QUALIFIED POINT OF CONTACT (E.G., A
DESIGNATED CHIEF INFORMATION SECURITY OFFICER OR
EQUIVALENT WITH AT LEAST FIVE YEARS OF RELEVANT
EXPERIENCE), INCLUDING CONTACT INFORMATION,
RESPONSIBILITIES FOR MAINTENANCE OF CSA STAR
CERTIFICATION, AND A COMMITMENT TO UPDATES
SUBMITTED TO THE CITY UPON MATERIAL CHANGES.

All improvements to the 1-17 frontage road shall be reviewed and approved by
the Arizona Department of Transportation. Documentation of ADOT review and
approval shall be provided prior to Preliminary Site Plan approval.

In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-foot
radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.

Prior to final site plan approval, the landowner shall execute a Proposition
207 waiver of claims form. The waiver shall be recorded with the Maricopa
County Recorder's Office and delivered to the City to be included in the
rezoning application file for record. This stipulation shall not be applicable if
the property is owned by the City of Phoenix.

renews Lb Hie ja/3 [28
Alan Stephenson Date

Deputy City Manager