02. 03.CPA250009 Z250027 PZ Staff Report
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CPA250009 & Z250027 Page 1 of 11 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 Page 2 of 11 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 Page 3 of 11 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 Page 4 of 11 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 Page 6 of 11 Aerial photo of subject site CPA250009 & Z250027 Page 7 of 11 Aerial image & surrounding environs CPA250009 & Z250027 Page 8 of 11 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 Page 9 of 11 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 Page 10 of 11 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’: 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 CPA250009 & Z250027 Page 11 of 11 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. 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: 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 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 ..............................................................................................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 2 | 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. 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. 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] 3 | 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 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. 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 4 | 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. 5 | 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 6 | 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. 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. 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. 7 | 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 8 | • 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.