02.03 CPA250009 Z250027 BOS REPORT.PDF

Maricopa County — Formal (2026-02-11)

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February 11, 2026
CPA250009 & Z250027
Page 1 of 3

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department

Board Hearing Date:
February 11, 2026

Case #/Title:

CPA250009 & Z250027 – NEC 491st Ave & Thomas Rd.

Supervisor District:
5

Applicant/Owner:
Jason Morris, Withey Morris Baugh, PLC / Grandilla (Arizona) Inc.
and Foot Creek Corporation

Requests:
1)
General Comprehensive Plan Amendment (CPA) of the Maricopa
County Vision 2030 Comprehensive Plan’s land use designation
from Rural Development Area (RDA) to Utilities. CPA case approval
is by Resolution

2)
Zone change with overlay from Rural-43 to IND-2 IUPD

Site Location:
Generally located at the NEC of Thomas Rd & 491st Ave in the
Harquahala Valley area

Site Size:
Approximately 638 acres

County Island Status:
N/A
Additional
Comments:
There are no outstanding concerns from reviewing agencies. The
CPA will change the site’s land use designation to Utilities, and the
associated rezoning will zone the entire site IND-2 IUPD. These
requests will facilitate the development of data centers, utility-
scale solar power generation facilities, battery energy storage
systems (BESS) and other general industrial uses. There is no
known opposition and one letter in support from a nearby
landowner.

CPA case approval is by Resolution, attached.

February 11, 2026
CPA250009 & Z250027
Page 2 of 3
Commission

Recommendations:
On 1/8/26, the Commission voted 9-0 (motion by Commissioner
Toma D4, seconded by Commissioner Lindblom D1) to adopt a
motion recommending the Board of Supervisors approve
CPA250009.

On 1/8/26, the Commission voted 9-0 (motion by Commissioner
Toma D4, seconded by Commission Lindblom D1) to adopt a
motion recommending the Board of Supervisors approve Z250027
subject to conditions ‘a’ – ‘j’:

a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Z250027 Zoning Exhibit“, consisting of 1 full-size sheet, dated November 3,
2025, except as modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “NEC 491st Ave & Thomas Rd Rezone Project Narrative”, consisting of 10 pages,
dated November, 2025, and stamped received December 11, 2025, except as modified
by the following conditions.

c.
The following IND-2 IUPD standards shall apply:

1. Maximum Height – 80’
2. Minimum Parking - 1 space per 9000 sq ft
3. Minimum Screening - A 6’ metal security fence. Chain-link fencing with razor wire is
prohibited
4. Permitted uses - All uses permitted in the IND-2 Zoning District including Data
Centers and accessory uses, electric substations and battery storage, and Power
generation facilities for on-site utilization or sale to a utility or other off-site users.
Until such time as the site is served by sewer, uses on the site shall only be those
acceptable to the Maricopa County Environmental Services Department (MCESD)
that can be accommodated by septic systems. A public water system shall be
required prior to establishment of any non-residential use that requires potable
water.

d.
The following engineering conditions:

1. Without the submittal of a precise plan of development, no development approval is
inferred by this review, including, but not limited to number of proposed building
lots/units, drainage design, access and roadway alignments. These items will be
addressed as development plans progress and are submitted to the County for further
review and/or entitlement.

2. A Traffic Study/Statement must be submitted with future entitlement (POD)
application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4)
https://www.maricopa.gov/DocumentCenter/View/303

3. Engineering review of re-zone cases is conceptual in nature. 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.

February 11, 2026
CPA250009 & Z250027
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e.
Unless waived or modified by the County, the applicant or developer shall implement the
best practices and any recommendations by the Arizona Game and Fish Department
(AZGFD). The Zoning Inspector and/or their designee shall review whether these best
practices are being implemented in accordance with the letter following the issuance of
relevant permits and periodically as needed through either the inspection process or
communication with AZGFD. Should the Zoning Inspector and/or their designee decide
that the owner or developer has not substantially undertaken these best practices in good
faith, the owner or developer shall not receive final permits or certificate of occupancy
until the best practices are implemented.

f.
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.

g.
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.

h.
The developer must submit any project narrative to the Department of Defense Siting
Clearinghouse for Energy, Installations, and Environmental for review at the following site:
osd.dod-siting-clearinghouse@mail.mil prior to the submittal of any Plan of Development.

i.
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.

j.
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:

Andrew Lorentzen, Planner
Reviewed by:

Darren Gérard, AICP, Planning Manager

Attachment:

1/8/26 P&Z Packet (46 pages)

Support Letter (1 page)

CPA250009 Resolution (2 pages)

Note:
1/8/26 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request
later or accessed via Agenda Center when available.

CPA250009 & Z250027
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
CPA250009 & Z250027 – NEC 491st Ave & Thomas Rd.

Hearing Date:
January 8, 2026

Supervisor District:
5

Applicant:
Jason Morris, Withey Morris Baugh, PLC

Owner:
Grandilla (Arizona) Inc. / Foot Creek Corporation

Requests:
1) General Comprehensive Plan Amendment (CPA) of the Maricopa County
Vision 2030 Comprehensive Plan’s land use designation from Rural
Development Area (RDA) to Utilities

2)
Zone change with overlay from Rural-43 to IND-2 IUPD

Site Location:
Generally located NEC of Thomas Rd & 491st Ave in the Harquahala Valley
area.

Site Size:
Approximately 638 acres

Density:
N/A

County Island:
No

County Plan:
Rural Development Area (RDA)

Municipal Plan:
N/A

Municipal Comments:
None received to date

Support/Opposition:
None known

Recommendation:
1)
Approve

2)
Approve with conditions

CPA250009 & Z250027
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Project Summary:

1.
The applicant, on behalf of the property owners, is requesting a CPA of the County’s Vision 2030
Comprehensive Plan from RDA to Utilities and a companion rezone from Rural-43 to IND-2 IUPD.
This will permit development of solar power generation, battery energy storage systems (BESS)
and other industrial uses.

2.
The site is located in Harquahala Valley at the northeast corner of Thomas Rd and 491st Ave. It
is currently vacant land utilized for agriculture. There are no proximate residential neighborhoods,
but there is a vacant farmhouse property that has been excluded from this application at the
northwestern corner of the site. Surrounding land uses are agricultural and except for a large gas-
powered APS power generating station located adjacent to the immediate southwest.

3.
The CPA narrative asserts that the proposal meets the criteria:

4.
“Overall Improvement to the Comprehensive Plan
The proposed amendment represents an overall improvement to the Maricopa County
Comprehensive Plan by advancing multiple Vision 2030 goals. The land use designation change is
compatible with the existing uses in the area surrounding the Property and supports development
that aligns with the County’s long-term economic and infrastructure goals and policies. The
Property’s proximity to substantial regional energy infrastructure, including power generation
assets, creates a unique opportunity to collocate a high-tech, energy-intensive use where reliable
power infrastructure already exists, thereby minimizing the need for costly or disruptive new utility
extensions.
Data centers are capital-intensive, low-trip-generating employers that diversify the County’s
economic base, strengthen its position in the knowledge and technology sector, and provide
durable tax revenue without straining County services or infrastructure. By placing this use in a
sparsely populated rural area substantially separated from incompatible development, the
amendment supports Vision 2030’s goals of promoting balanced and efficient land use patterns,
encouraging development where infrastructure is available, and fostering economic growth that is
compatible with the surrounding land uses and environmental context. In doing so, it benefits the
broader region, not just the property owner, by catalyzing employment and infrastructure
investment consistent with the Comprehensive Plan’s vision for sustainable, long-term prosperity.

5.
No Adverse Impact to Planning Area

The proposed amendment will have no adverse impact on the planning area because it is located
in a sparsely populated, rural setting with substantial separation from residential neighborhoods
and other sensitive uses, thereby eliminating the potential for land use conflicts. The surrounding
context is dominated by large-lot rural parcels, existing utility infrastructure, and natural gas and
solar energy generation facilities, all of which are compatible with the low-traffic, low-emissions
operational profile of a data center campus. The amendment and the proposed development it will
accommodate will not require unplanned County expenditures for road, water, or sewer extensions,
as all necessary improvements and on-site utility systems will be privately funded. Traffic
generation will be minimal compared to other industrial uses of similar scale, preserving roadway
capacity and avoiding degradation of planned transportation service levels.

In short, the amendment is compatible with the existing land use patterns and will not burden public
infrastructure or diminish the health, safety, or quality of life of current or future area residents.

6.
Consistency with Intent of Comprehensive Plan
This proposal is fully consistent with the intent of the Maricopa County Comprehensive Plan, which
seeks to promote balanced and efficient land use patterns, strengthen the County’s economic base,

CPA250009 & Z250027
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protect environmental resources, and ensure infrastructure investments are fiscally responsible.
Vision 2030 emphasizes directing employment uses to locations where infrastructure already
exists or can be efficiently extended. The property’s proximity to existing regional energy
infrastructure provides reliable energy access without requiring costly new utility corridors. The
proposed Heavy Industrial designation accommodates a use that is low in traffic generation, high
in capital investment, and provides long-term operational stability, traits that align with the Plan’s
goals for sustainable economic growth and fiscal strength. By situating a high-tech data center
campus in a rural, infrastructure-adjacent location buffered from incompatible uses, the
amendment supports the Comprehensive Plan’s overarching vision of fostering prosperity,
protecting quality of life, and guiding development in a manner that benefits the broader region.

7.
. with Specific Goals and Policies:
Economic Growth Goal: Have a diverse and balanced economy to promote long-term economic
stability and economic resiliency. The proposed change in comprehensive plan land use
designation and corresponding rezoning enables the development of a high-tech data center
campus, which directly supports employment opportunities and capital investment in a targeted
growth sector (information and data services). The scale of the development—over 600 acres and
2.25 million square feet of potential building area—signals long-term employment potential and
economic growth aligned with county planning for industrial and employment uses. Additionally,
the project is located in a sparsely populated rural area and in proximity to significant regional
energy infrastructure, reducing the risk of land use conflicts and minimizing impacts to sensitive
residential areas.

8.
Land Use Policy: Use land use buffers and compatible land use strategies near existing and future
high voltage electric utility line corridors. The subject site is in close proximity to several important
utility infrastructure assets. Although the specific power source has not yet been confirmed, the
presence of significant nearby energy infrastructure supports the feasibility of large-scale industrial
development at this location. The proposed development represents an efficient and compatible
use of land resources.

9.
Economic Growth Goal: Create and grow a diverse business climate. Data centers represent a vital
component of the digital economy, providing infrastructure to support cloud services, AI
processing, and global data management. This project would help diversify the local economy
beyond traditional agriculture and energy uses and solidify Maricopa County’s role as a destination
for emerging technology investment.”

10.
The rezoning request does not include a Plan of Development (POD) to set specific uses and
design layouts at this time. However, the applicant’s narrative, speaks to a proposed data storage
use intended to operate 24-hours per day. Each building of the data center will house digital
servers, switches, and telecommunications equipment. To maintain optimal conditions, systems
such as generators, batteries, electrical distribution, and cooling systems are used to regulate
heat and airflow throughout the building. The data center will employ technicians with specialized
expertise who will monitor and maintain the data systems either on-site or remotely. At this time
the number of employees, type of screening, types of lighting, number of driveways, and amount
of parking needed has not been finalized and will be determined in the Plan of Development stage.

11.
The IUPD proposes modified development standards from the base zoning district for flexibility
in site design. An 80’ maximum building/structure height is requested (increased from 40’ in
current ordinance and 60’ in updated ordinance effective January 9, 2026) to allow for modern
data center design practices. Parking requirements are requested at a minimum 1 space per

CPA250009 & Z250027
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9,000 sq ft of building floor area (reduced from 1:900 in the current ordinance and 1:1,000 in the
updated ordinance) as arguably the use is employee extensive. Screening is requested to allow
decorative metal fencing rather than a min. 6’ solid wall. Note that solid screen walls in practice
are uncommon for large-acreage power generation facilities in remote locations, and often such
site’s are surrounded by chain-link security fencing. The proposal is to match industry
standards and provide a congruent site design. IUPD will also limited the entitled uses of the
IND-2 zoning district to uses available on septic until such time as sewer infrastructure is
installed.

[TABLE ON NEXT PAGE]

CPA250009 & Z250027
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Aerial photo of subject site

CPA250009 & Z250027
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Aerial image & surrounding environs

CPA250009 & Z250027
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Existing On-Site and Adjacent Zoning / Land Use:

12.
On-site:

Rural-43 / Agricultural & vacant
North:
Rural-43 / Agricultural & vacant
South:
Rural-43 / Agricultural & vacant
East:
Rural-43 & IND-2/ Agricultural & vacant
West:
Rural-43 / Agricultural & vacant

Zoning District map

Utilities and Services:

13.
Water:

Well (Harquahala Irrigation Authority)
Wastewater:
Septic
School Districts:
Buckeye Union High School District

Arlington School District
Fire:
Harquahala Valley Fire District
Police:
MCSO

CPA250009 & Z250027
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Right-of-Way:

14.
The following table 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. It should be noted without a precise site plan nor a traffic study, right-
of-way preservation or right-of-way dedication cannot be determined at this time. MCDOT is
requesting that all perimeter section lines shall reserve a half-width right-of-way of 55’ and all
perimeter mid-section lines shall reserve a half-width right-of-way of 40’. Moreover, any adjacent
setback to these perimeter section and mid-section lines shall be added to the reserved half-width
right-of-way.

Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
491st Ave
30’
30’
Minor Collector

Adopted Plan:

13.
Maricopa County Vision 2030 Comprehensive Plan (adopted 1/13/16): The plan designates this
site as within the Rural Development Area (RDA) with a maximum density of one dwelling unit per
gross acre, suitable for agricultural related uses and residential land uses.

14.
The same parcel confines were previously part of a comprehensive plan amendment under
CPA2009009 which also changed the plan designation from RDA to Industrial for the Starwood
Solar 1 Project. The case was conditioned on a 2-year timeframe due to concerns a zoning was
not obtainable. (Note that CPA cases are no longer approved subject to conditions.) On December
12, 2012 per CPA2021005 the CPA was rescinded and land use redesignated as its current RDA.

Public Participation Summary:

15.
The applicant complied with the requirements of the citizen review process with the required
posting of the site and notification by first class mail to interested parties and adjacent property
owners within 300’ of the site. The applicant went further and notified all landowners within one-
mile. Signs were posted on the site, in accordance with applicable regulations. As of the writing
of this report, neither applicant nor staff have received any support or opposition from the public.
Staff spoke with two landowners in the vicinity who requested additional information but did not
provide comments.

Outstanding Concerns from Reviewing Agencies:

16.
N/A

Staff Analysis:

17.
Staff is supportive of both the comprehensive plan amendment and the rezoning due to the
changing nature of the area. History of the property and the surrounding area indicate industrial
development specific to solar and other power-generation facilities and related uses are
appropriate land use in the general vicinity due to remote location not proximate to any residential
neighborhoods but with electric power distribution infrastructure. The adjacent gas-powered
generation station creates an audible buzz in the air noted during site visits. The area is primarily
agricultural in nature with a number of power-generation facilities, and a very sparse scattering
of residences. The proposed 80’ maximum height allowance will make future structures visible
from all vantage points. However, the request for the site reflects a further expansion of the IND-

CPA250009 & Z250027
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2 zoning approved on nearby parcels and the higher intensity energy generating uses such as that
of the neighboring power-generation station. There is no known opposition to the IND-2 IUPD
zoning.

Recommendation:

18.
Staff recommends the Commission adopt a motion to recommend that the Board of Supervisors
approve CPA250009.

19.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z250027 subject to the following conditions ‘a’ – ‘j’:

c.
The following IND-2 IUPD standards shall apply:

d.
The following engineering conditions:

3. Engineering review of re-zone cases is conceptual in nature. All development and
engineering design shall be in conformance with Section 1205 of the Maricopa County

CPA250009 & Z250027
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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.

f.
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.

i.
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.

Presented by:
Andrew Lorentzen, Planner
Reviewed by:
Rachel Applegate, Planning Supervisor

Attachments:
Comprehensive Plan Case Map (1 page)

Zoning Case Map (1 page)

Zoning Exhibit (1 page)

Comprehensive Plan Change Narrative Report (16 pages)

Zone Change Narrative Report (10 pages)

Engineering Report (3 pages)

MCESD comments (3 pages)

/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 637 approx.
Generated December 11, 2025 11:51 AM
CPA250009
Application Name:
Legal Description
NEC 491st Ave & Thomas Rd CPA
Applicant
Case Address
Stephanie Watney
3503 N 491ST AVE
Applicant Phone/Email
Parcel Primary:506-30-021A
6023464619
TONOPAH, AZ 85354
Map scale 1:13,073
Supervisor District No.
CPA to amend land use designation to Heavy Industrial. See narrative.

/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 641 approx.
Generated December 11, 2025 11:56 AM
Z250027
Application Name:
Legal Description
491st Ave & Thomas Rd Rezoning
Applicant
Case Address
Stephanie Watney
3503 N 491ST AVE
Applicant Phone/Email
Parcel Primary:506-30-021A
6023464619
TONOPAH, AZ 85354
Map scale 1:13,084
Supervisor District No.
I2 IUPD Rezoning (without a Plan of Development)

Development Team

Legal Representative
Withey Morris Baugh, PLC
Jason Morris / Alex Hayes / Stephanie Watney, AICP
2525 E. Arizona Biltmore Circle, Suite A-212
Phoenix, AZ 85016
hayes@wmbattorneys.com
Civil Engineer
Colliers Engineering & Design
Darrell Wilson / Casey Whiteman
2141 E. Highland Avenue
Phoenix, AZ 850212

1 |

TABLE OF CONTENTS

A. INTRODUCTION ..............................................................................................2
B. LOCATION AND SITE CONDITIONS ...........................................................2
C. COMPREHENSIVE PLAN AND ZONING ......................................................2
D. COMPREHENSIVE PLAN AMENDMENT PROPOSAL .................................3
E. COMPREHENSIVE PLAN ANALYSIS .............................................................3
F. CONCLUSION .................................................................................................5

EXHIBITS

1. Aerial Map
2. Existing Comprehensive Plan Map
3. Existing and Proposed Zoning Map
4. Proposed Comprehensive Plan Map

2 |

A. Introduction
We are pleased to submit this comprehensive plan amendment application for the
approximately 638-acre site located between Indian School Road to Thomas Road, and
483rd Avenue to 491st Avenue in Unincorporated Maricopa County, otherwise commonly
known as Maricopa County Assessor’s Parcel Numbers (APNs) 506-30-021A, 506-30-
024A (cumulatively, the “Property”) (See Tab 1, Aerial Map). The request is to change the
Property’s Comprehensive Plan Land Use Designation from Rural Development Area to
Heavy Industrial. Notably, this request does not include a ±2.12 acre residential portion
of APN 506-30-021A (the “Out Parcel”); that parcel will remain a residential parcel. A
companion application to rezone the Property from RU-43 to IND-2 IUPD has been filed
under separate cover.

B. Location and Site Conditions
The Property is located in a predominantly undeveloped, rural area in western Maricopa
County and the surrounding land uses are generally low-intensity, with large
undeveloped tracts and rural residential parcels. However, to the east and beyond, there
is an emerging industrial land use pattern with several properties rezoning to IND-2. To
the north of the Property is vacant RU-43 land; to the east and southeast is vacant land
and a solar farm zoned RU-43 and IND-2; to the south is vacant and farmed land zoned
RU-43; to the southwest is the Harquahala Power Generation facility; and, to the west is
vacant and farmed land zoned RU-43.
Given the transition of the general area toward an industrial land use pattern, and the
Property’s proximity to major transportation arteries, the Applicant proposes to develop
the Property with industrial uses.
C. Existing Comprehensive Plan and Zoning
The Property has an existing Comprehensive Plan land use designation of Rural
Development Area (See Tab 2, Existing Comprehensive Plan Map), which was approved
by the Board of Supervisors in December 2012. Historically, the Property was designated as
Industrial via Case No. CPA2009009 and was once envisioned as the site for a utility-scale
solar electrical generating plant. However, the companion rezoning and Special Use Permit
applications stalled during the Great Recession, when market conditions and financing
constraints significantly reduced demand for large-scale energy projects. As a result, the
County initiated a Comprehensive Plan reversion—an uncommon procedure by today’s
practices—which restored the Property to its current Rural Development Area designation.

The Property is zoned RU-43. See Tab 3, Existing and Proposed Zoning Map.

[Left intentionally blank]

3 |

D. Comprehensive Plan Amendment Proposal
With the rise of the Internet of Things (IoT) and its increasingly integral role in the modern
economy, data centers have evolved into critical infrastructure, ensuring reliable access to
machine learning, data analytics, cloud computing and other essential services. In recent
years, Arizona has established itself as an epicenter for this key economic sector. While the
availability of reliable power and energy infrastructure has become a challenge for new
development of data centers, the Property is ideally situated with proximity to energy
options which present a unique opportunity for the Property, which is also proximate to key
transportation arteries.

Accordingly, this proposal is to amend the Property’s Comprehensive Plan land use
designation from Rural Development Area to Heavy Industrial to accommodate data center
uses. See Tab 4, Proposed Comprehensive Plan Map. A companion application will be
filed to rezone the Property from RU-43 to IND-2 with and IUPD.

The proposed development is anticipated as a phased development, in which the
sequencing would occur per market demand. The initial conceptual phase of development
is anticipated to occur over the south portion of the Property. The conceptual site plan
identifies nine (9) industrial buildings, each with a footprint of approximately 250,000 square
feet, for a total building area of 2.25 million square feet. The conceptual site plan may be
modified, however key strategic infrastructure will provide the backbone for development,
including a dedicated switchyard (±26 acres), on-site septic facilities, and a water campus,
which will enhance the site’s capacity for a variety of users. Retention areas are planned
throughout the site to manage stormwater. Designated "Future Development (IND-2)" areas
within the site plan provide flexibility to meet evolving industrial market needs, which may
include colocation and innovative uses that support the primarily intended data center use.

The proposed data center campus would create new, high wage employment opportunities
and provide a new source of revenue for Maricopa County and the various taxing entities
applicable to the Property. Additionally, as a low trip generating land use, the proposed data
center is a compatible use within the existing area. While conceptual development plans are
currently in the design phase, the proposed plans will be designed to provide a high quality
and context appropriate development.

E. Comprehensive Plan Analysis

Overall Improvement to the Comprehensive Plan

The proposed amendment represents an overall improvement to the Maricopa County
Comprehensive Plan by advancing multiple Vision 2030 goals. The land use designation
change is compatible with the existing uses in the area surrounding the Property and
supports development that aligns with the County’s long-term economic and infrastructure
goals and policies. The Property’s proximity to substantial regional energy infrastructure,
including power generation assets, creates a unique opportunity to colocate a high-tech,

4 |

energy-intensive use where reliable power infrastructure already exists, thereby minimizing
the need for costly or disruptive new utility extensions.

Data centers are capital-intensive, low-trip-generating employers that diversify the County’s
economic base, strengthen its position in the knowledge and technology sector, and
provide durable tax revenue without straining County services or infrastructure. By placing
this use in a sparsely populated rural area substantially separated from incompatible
development, the amendment supports Vision 2030’s goals of promoting balanced and
efficient land use patterns, encouraging development where infrastructure is available, and
fostering economic growth that is compatible with the surrounding land uses and
environmental context. In doing so, it benefits the broader region, not just the property
owner, by catalyzing employment and infrastructure investment consistent with the
Comprehensive Plan’s vision for sustainable, long-term prosperity.

No Adverse Impact to Planning Area

The proposed amendment will have no adverse impact on the planning area because it is
located in a sparsely populated, rural setting with substantial separation from residential
neighborhoods and other sensitive uses, thereby eliminating the potential for land use
conflicts. The surrounding context is dominated by large-lot rural parcels, existing utility
infrastructure, and natural gas and solar energy generation facilities, all of which are
compatible with the low-traffic, low-emissions operational profile of a data center campus.
The amendment and the proposed development it will accommodate will not require
unplanned County expenditures for road, water, or sewer extensions, as all necessary
improvements and on-site utility systems will be privately funded. Traffic generation will be
minimal compared to other industrial uses of similar scale, preserving roadway capacity and
avoiding degradation of planned transportation service levels.

In short, the amendment is compatible with the existing land use patterns and will not
burden public infrastructure or diminish the health, safety, or quality of life of current or
future area residents.

Consistency with Intent of Comprehensive Plan

This proposal is fully consistent with the intent of the Maricopa County Comprehensive Plan,
which seeks to promote balanced and efficient land use patterns, strengthen the County’s
economic base, protect environmental resources, and ensure infrastructure investments are
fiscally responsible. Vision 2030 emphasizes directing employment uses to locations where
infrastructure already exists or can be efficiently extended. The Property’s proximity to
existing regional energy infrastructure provides reliable energy access without requiring
costly new utility corridors. The proposed Heavy Industrial designation accommodates a use
that is low in traffic generation, high in capital investment, and provides long-term
operational stability, traits that align with the Plan’s goals for sustainable economic growth
and fiscal strength. By situating a high-tech data center campus in a rural, infrastructure-
adjacent location buffered from incompatible uses, the amendment supports the
Comprehensive Plan’s overarching vision of fostering prosperity, protecting quality of life,
and guiding development in a manner that benefits the broader region.

5 |

Consistency with Specific Goals and Policies

1. Economic Growth Goal: Have a diverse and balanced economy to promote long-
term economic stability and economic resiliency.

The proposed change in comprehensive plan land use designation and corresponding
rezoning enables the development of a high-tech data center campus, which directly
supports employment opportunities and capital investment in a targeted growth sector
(information and data services). The scale of the development—over 600 acres and 2.25
million square feet of potential building area—signals long-term employment potential and
economic growth aligned with county planning for industrial and employment uses.
Additionally, the project is located in a sparsely populated rural area and in proximity to
significant regional energy infrastructure, reducing the risk of land use conflicts and
minimizing impacts to sensitive residential areas.

2. Land Use Policy: Use land use buffers and compatible land use strategies near
existing and future high voltage electric utility line corridors.

The subject site is in close proximity to several important utility infrastructure assets.
Although the specific power source has not yet been confirmed, the presence of significant
nearby energy infrastructure supports the feasibility of large-scale industrial development at
this location. The proposed development represents an efficient and compatible use of land
resources.

3. Economic Growth Goal: Create and grow a diverse business climate.

Data centers represent a vital component of the digital economy, providing infrastructure to
support cloud services, AI processing, and global data management. This project would
help diversify the local economy beyond traditional agriculture and energy uses and solidify
Maricopa County’s role as a destination for emerging technology investment.

F. Conclusion
The requested comprehensive plan amendment and rezoning supports development that
is consistent and compatible with both existing and planned development in this area. The
Property is uniquely suited for the proposed use and would provide significant benefits to
the County and the broader economic region.

https://www.wmbattorneys.com/
TAB 1

https://www.wmbattorneys.com/
TAB 2

https://www.wmbattorneys.com/
TAB 3

https://www.wmbattorneys.com/
TAB 4

Development Team

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TABLE OF CONTENTS

A. INTRODUCTION ..............................................................................................3
B. LOCATION AND SITE CONDITIONS ...........................................................3
C. COMPREHENSIVE PLAN AND ZONING ......................................................3
D. REZONE PROPOSAL .......................................................................................3
E. IUPD OVERLAY ................................................................................................3
F. COMPREHENSIVE PLAN ANALYSIS .............................................................6
G. ACCESSIBILITY AND CIRCULATION ............................................................6
H. COMMUNITY FACILITIES AND SERVICES ...................................................7
I. PUBLIC UTILITIES AND SERVICES ................................................................7
J. CONCLUSION .................................................................................................7

EXHIBITS

1. Aerial Map
2. Comprehensive Plan Map
3. Existing and Proposed Zoning Map
4. Conceptual Development Plan

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A. Introduction
We are pleased to submit this rezoning application for the approximately 638-acre site
located between Indian School Road to Thomas Road, and 483rd Avenue to 491st Avenue
in Unincorporated Maricopa County, otherwise commonly known as Maricopa County
Assessor’s Parcel Numbers (APNs) 506-30-021A, 506-30-024A (cumulatively, the “Property”)
(See Tab 1, Aerial Map). The request is to rezone the Property from RU-43 to IND-2 IUPD.
Notably, this request does not include a ±2.12 acre residential portion of APN 506-30-021A
( the “Out Parcel”); that parcel will remain a residential parcel.

Given the transition of the general area toward an industrial land use pattern, and the
Property’s proximity to major transportation arteries, the Applicant proposes to develop the
Property with industrial uses.
C. Comprehensive Plan and Zoning
The Property has a Comprehensive Plan land use designation of Rural Development Area.
See Tab 2, Existing Comprehensive Plan Map, which was approved by the Board of
Supervisors in December 2012. Historically, the Property was designated as Industrial via
Case No. CPA2009009 and was once envisioned as the site for a utility-scale solar electrical
generating plant. However, the companion rezoning and Special Use Permit applications
stalled during the Great Recession, when market conditions and financing constraints
significantly reduced demand for large-scale energy projects. As a result, the County
initiated a Comprehensive Plan reversion—an uncommon procedure by today’s practices—
which restored the Property to its current Rural Development Area designation.

The Property is zoned RU-43. See Tab 3, Zoning Map. As discussed below, a companion
Minor Amendment to the County’s Comprehensive Plan Map has been submitted under
separate cover to support this industrial rezoning.

[Left intentionally blank]

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D. Rezone Proposal
With the rise of the Internet of Things (IoT) and its increasingly integral role in the modern
economy, data centers have evolved into critical infrastructure, ensuring reliable access to
machine learning, data analytics, cloud computing and other essential services. In recent
years, Arizona has established itself as an epicenter for this key economic sector. While the
availability of reliable power and energy infrastructure has become a challenge for new
development of data centers, the Property is ideally situated with proximity to energy
options which present a unique opportunity for the Property, which is also proximate to key
transportation arteries.

Accordingly, this proposal is to rezone the Property from Rural-43 to Light Industrial (IND-2)
with an Industrial Unit Plan of Development (IUPD) Overlay, which, pursuant to county staff
direction, is the appropriate zoning to accommodate data center uses. A companion
application will be filed to amend the Property’s Comprehensive Plan land use designation
from Rural Development Area to Heavy Industrial, which supports IND-2 uses.

The proposed data center campus would create new, high wage employment opportunities
and provide a new source of revenue for Maricopa County and the various taxing entities
applicable to the Property. Additionally, as a low trip generating land use, the proposed
data center is a compatible use within the existing area. While conceptual development
plans are currently in the design phase, the proposed plans will be designed to provide a
high quality and context appropriate development.

E. IUPD Overlay
The purpose of the IUPD overlay is to allow variations in development standards for
industrial projects that require special design techniques or flexibility. As described herein,
the proposed rezone is intended to accommodate a data center campus that will support
critical digital infrastructure functions. Data centers are a unique and evolving product type
with certain design and operational needs that are not fully accommodated by the base IND-
2 development standards. Accordingly, this application proposes the following
development standards for the IUPD overlay, which include variations to the maximum
height and minimum parking requirements. Additionally, while it is understood that data

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centers are a permitted use in the IND-2 district, the ordinance does not specifically
contemplate the use. This IUPD overlay clarifies that the permitted uses shall include all use
permitted in the IND-2 district, as well as data centers and ancillary uses, including
substations, battery storage, and electrical distribution facilities.

Development Standards

Development Standard
Base Zoning District
Regulations (IND-2)
Proposed Zoning
Regulations (IND-2 IUPD)
Height (Primary Buildings)

40'
80'
Front Yard

Abutting a Major Street, Section
Line Road, State or Federal
Highway
20'
20'
Abutting Collector Streets and
midsection line roads
15'
15'
Abutting local and interior
streets of industrial subdivision
10'
10'
Side Yard

Adjacent rural or residential
zoning district
5'
5'
Rear Yard

Abutting rural or residential
zoning district
25’
25’
Abutting commercial or
industrial zoning district
0’
0’
Lot Area (Min)
6,000 sf
6,000 SF
Lot Width (Min)
60'
60'
Lot Coverage
60%
60%
Parking
1 space / 600 sf of
floor area
1 space / 9,000 sf of floor area
Screening requirement
A solid masonry wall not
less than six feet in height
shall be required along
and adjacent to any side
or rear property line
abutting any rural or
residential zone
boundary, or any alley
abutting such zone
boundary. Further, any
access gates shall be
constructed of view-
obscuring material to
A metal security fence is
permitted in lieu of a solid
masonry wall. Chain link
fencing with razor wire designs
shall not be permitted.

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provide effective site
screening.
Permitted Uses
All Uses Permitted in
the IND-2 Zoning
District
All uses permitted in the
IND-2 Zoning District.
Data Centers and accessory
uses, including electric
substations and battery
storage.
Power generation facilities,
including for on-site utilization
or sale to a utility or other off-
site users.

Height
Additional building height optionality will allow for efficient utilization of land and ensures
scalability to meet future demand. The ability to provide extra clear height will
accommodate the unique operational and design requirements of the modern data center
facility, which require large-volume interior spaces to house vertically stacked server racks,
cooling infrastructure and other mechanical equipment, and fire suppression systems. Taller
structures can also optimize airflow and reduce cooling loads. The minimal residential
development in the vicinity of the Property, as well as the presence of substantial power
generation and transmission infrastructure, minimizes the potential for visual or land use
conflicts.

Parking
The Applicant proposes a reduced parking ratio for the proposed data center campus
based on the unique operational characteristics of data center facilities. While data center
operations require staffing of skilled, high-wage employees, the number of full-time, on-site
employees is less than that of traditional office or industrial uses. Additionally, data centers
are not customer-facing and do not need to accommodate visitor traffic or parking. The
proposed ratio is tailored to actual demand and will fully meet operational needs for both
full-time employees and intermittent contractor and maintenance activity. This approach
ensures functional adequacy and promotes efficient use of land resources by eliminating the
requirement for an expanse of unused parking spaces.

Screening
Considering the scale, location, and operational characteristics of the Property and the
proposed development, a 6’ tall masonry wall around the entire perimeter would be
unnecessary and incompatible with the site context. The Property is located in a sparsely
populated area with substantial distances between the proposed buildings and any existing
residences. The conceptual plan incorporates generous setbacks and natural buffers which
provide effective visual separation and reduce the need for an urban-style solid perimeter
wall. A continuous masonry wall of this scale would create a significant visual barrier and

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disrupt the open, rural character of the area. The proposed alternative – security fencing
combined with landscape screening in key areas – preserves the visual openness typical of
the County’s rural planning area while still providing appropriate screening where
necessary.
F. Comprehensive Plan Analysis
The proposed rezone is consistent with the goals and policies of the Maricopa County Vision
2030 Comprehensive Plan, including the following:

1. Economic Growth Goal: Have a diverse and balanced economy to promote long-
term economic stability and economic resiliency.

The rezoning to IND-2 enables the development of a high-tech data center campus, which
directly supports employment opportunities and capital investment in a targeted growth
sector (information and data services). The scale of the development—over 600 acres and
2.25 million square feet of potential building area—signals long-term employment potential
and economic growth aligned with county planning for industrial and employment uses.
Additionally, the project is located in a sparsely populated rural area and in proximity to
significant regional energy infrastructure, reducing the risk of land use conflicts and
minimizing impacts to sensitive residential areas.

2. Land Use Policy: Use land use buffers and compatible land use strategies near
existing and future high voltage electric utility line corridors.

The subject site is in close proximity to an existing natural gas power generation facility,
which is an important utility infrastructure asset. Although it’s not confirmed whether the
data center would utilize that specific generation source, the presence of significant nearby
energy infrastructure supports the feasibility of large-scale industrial development at this
location. The proposed development represents an efficient and compatible use of land
resources.

3. Economic Growth Goal: Create and grow a diverse business climate.

G. Accessibility and Circulation
At this stage, the site plan for the proposed development is purely conceptual and the
internal circulation has not been designed. A future plan of development will provide
additional details related to site access and circulation and such design will conform with
County standards and be informed by a Traffic Impact Study.

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Pursuant to the conceptual site plan, primary access to the site will be from 491st Avenue,
which connects to I-10 to the north via Salome Road. Secondary access is anticipated to be
provided via Thomas Road. At the plan of development stage, right of way dedications are
anticipated for Thomas Road, Indian School Road, 491st Avenue, and 483rd Avenue.

H. Community Facilities and Services
The Property is located in the Arlington Elementary School District and the Buckeye Union
High School District. The proposed use is not residential and will not have an impact on local
schools. However, the proposed use will generate substantial revenue that will benefit the
school districts.

The Property is located in a sparsely populated rural area predominantly used for agriculture
and energy generation. There are no community facilities or amenities located in the
immediate vicinity.

I. Public Utilities and Services
A list of anticipated utility and service providers will include:

•
Water - There is no water service available within the area of this Project. It is anticipated
that a private water campus will be constructed as part of this Project with a production well,
treatment and onsite storage that will meet the domestic water, process water and fire
requirements. All water facilities are anticipated to be privately owned and maintained. A
connection to a public water system is not currently contemplated. More detailed water
demand and facility information will be provided for the Project as the site planning and
development process advances.

The Property is located within the Harquahala Irrigation Authority (Nos. 60-201107.0001 and
60-201108.0001), which provides water rights to the Property based on its historically
irrigated acreage. Accordingly, the Property is permitted to withdraw approximately 1,920
acre feet of water per year over a rolling ten-year period, or up to 3,840 acre feet in any given
year. This equates to approximately 1,714,065 gallons per day and 3,428,131 gallons per
day, respectively.

Specific water demand will be identified during the plan of development phase, but water
demand is not anticipated to exceed the existing rights for property.

•
Wastewater - This Project does not currently have wastewater facilities within the Project
vicinity. Domestic wastewater needs will be addressed through a conventional septic system
to be constructed onsite. If industrial wastewater is needed for this Project, an onsite
treatment facility will be constructed. More detailed wastewater production and facility
information will be provided for the Project as the site planning and development process
advances.
•
Fire Protection – Harquahala Valley Fire District
•
Public Safety – Maricopa County Sheriff’s Office (District 2)
•
Power – Arizona Public Service

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•
Gas Services – Southwest Gas Corporation

J. Conclusion
The requested comprehensive plan amendment and rezoning supports development that
is consistent and compatible with both existing and planned development in this area. The
Property is uniquely suited for the proposed use and would provide significant benefits to
the County and the broader economic region.

January 5, 2026
Board of Supervisors
Maricopa County
301 W. Jefferson Street
Phoenix, AZ 85003
Re: Letter of Support for the Proposed Flex Industrial Business Park and Data Center – (Case Nos.
CPA250009 & Z250027)
Dear Board of Supervisors,
I am writing in support of the proposed flex industrial park which features planned data centers at the
property bound by Thomas Road and Indian School Road, and 483 rd Avenue to 491st Avenue in
unincorporated Maricopa County. I own land to the east and within proximity of the proposed development.
Regarding the proposal, I believe that the development will be an asset to the area which is transitioning
toward industrial growth. Not only will the proposal provide a framework for development of a long-time
vacant parcel, but I believe it will help drive economic growth for Maricopa County while also promoting
property values in the surrounding area.
For the reasons above, I support this proposal and respectfully urge the Board of Supervisors to approve
the request.
Sincerely,
Candice Kunz
L Mill Iron Ranch, LLC
eSigned by:
01/15/2026 @ 18:41 UTC