{"MatterTextId":33739,"MatterTextGuid":"29CBE901-44CD-420F-A812-B0080CEF4E84","MatterTextLastModifiedUtc":"2025-11-07T18:00:06.82","MatterTextRowVersion":"AAAAAAQ8Ejc=","MatterTextMatterId":33637,"MatterTextVersion":"1","MatterTextPlain":"..Title\nAuthorization to Grant LKY Real Estate Fund IV Limited Partnership L.L.L.P (LKY) a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers (Ordinance S-52436) - District 8\n\n..Description\nRequest authority to grant LKY Real Estate Fund IV Limited Partnership L.L.L.P (LKY) a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers under Ordinance G-7396.\n\n..Report\nSummary\n\nFollowing the City of Phoenix’s adoption of Ordinance G-7396 on July 2, 2025, which established a regulatory framework for data centers, LKY submitted a demand to the City under A.R.S. § 12-1134, asserting that the ordinance diminished the fair market value of its property located at 617 S. 5th Avenue (Parcel No. 112-19-129B). \n\n\tParcel Address: 617 S. 5th Avenue\n\tOwner: LKY Real Estate Fund IV Limited Partnership L.L.L.P (LKY)\n\tRepresentative: Cameron C. Artigue and Lindsay Shube, Gammage and Burnham,PLC \n\nPursuant to A.R.S. § 12-1134(E), Ordinance G-7396 authorizes the City Council, in its sole discretion, to grant binding waivers of the special permit requirements for data centers. In accordance with this provision, LKY has formally requested such a waiver. The special permit requirements set forth in Ordinance G-7396 were enacted by the City Council to address public health and safety concerns and to mitigate adverse secondary impacts on surrounding neighborhoods, businesses, and residents. \n\nThe purpose of the City's requirements are to protect public health and safety. Therefore, the waiver requires the proposed data center to address and mitigate potential health and safety impacts on neighboring properties, including, among other things, fire and public safety threats, hazardous materials, energy use, water use, and noise pollution. The waiver describes requirements for each category to comply with Ordinance G-7396. At the City’s request, LKY has submitted detailed information and committed to measures designed to mitigate the potential impacts of its proposed data center. Specific requirements will be outlined in the Waiver which will be available to the public 24 hours prior to the meeting.  However, some requirements may be modified after publishing the waiver.\n\nThe Planning and Development Department reviewed these submissions and determined that the waiver request meets all the submittal requirements. They found that LKY’s submittals appear to adequately address the ordinance’s public health and safety objectives. The City Manager reviewed and makes a recommendation to approve the attached Waiver.  \n\nLocation\nCouncil District: 8\nParcel Address: 617 S. 5th Avenue\n\n..Department\nResponsible Department\nThis item is submitted by Deputy City Manager Alan Stephenson and the Law Department.","MatterTextRtf":"{\\rtf1\\ansi\\ansicpg1252\\deff0\\deflang1033{\\fonttbl{\\f0\\fnil\\fcharset0 Arial;}}\n{\\colortbl ;\\red0\\green112\\blue192;\\red0\\green0\\blue0;}\n\\viewkind4\\uc1\\pard\\cf1\\fs28 ..Title\\par\n\\cf0\\b Authorization to Grant LKY Real Estate Fund IV Limited Partnership L.L.L.P (LKY) a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers (Ordinance S-52436) - District 8\\par\n\\b0\\par\n\\cf1 ..Description\\par\n\\cf0 Request authority to grant LKY Real Estate Fund IV Limited Partnership L.L.L.P (LKY) a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers under Ordinance G-7396.\\par\n\\par\n\\cf1 ..Report\\par\n\\cf0\\b Summary\\par\n\\b0\\par\nFollowing the City of Phoenix\\rquote s adoption of Ordinance G-7396 on July 2, 2025, which established a regulatory framework for data centers, LKY submitted a demand to the City under A.R.S. \\'a7 12-1134, asserting that the ordinance diminished the fair market value of its property located at 617 S. 5th Avenue (Parcel No. 112-19-129B). \\par\n\\par\n\\tab Parcel Address: 617 S. 5th Avenue\\par\n\\tab Owner: LKY Real Estate Fund IV Limited Partnership L.L.L.P (LKY)\\par\n\\tab Representative: Cameron C. Artigue and Lindsay Shube, Gammage and Burnham,PLC \\par\n\\par\n\\cf2 Pursuant to A.R.S. \\'a7 12-1134(E), Ordinance G-7396 authorizes the City Council, in its sole discretion, to grant binding waivers of the special permit requirements for data centers. In accordance with this provision, LKY has formally requested such a waiver. The special permit requirements set forth in Ordinance G-7396 were enacted by the City Council to address public health and safety concerns and to mitigate adverse secondary impacts on surrounding neighborhoods, businesses, and residents. \\par\n\\par\n\\cf0 The purpose of the City's requirements are to protect public health and safety. Therefore, the waiver requires the proposed data center to address and mitigate potential health and safety impacts on neighboring properties, including, among other things, fire and public safety threats, hazardous materials, energy use, water use, and noise pollution.\\cf2  The waiver describes requirements for each category to comply with Ordinance G-7396. At the City\\rquote s request, LKY has submitted detailed information and committed to measures designed to mitigate the potential impacts of its proposed data center. Specific requirements will be outlined in the Waiver which will be available to the public 24 hours prior to the meeting.  However, some requirements may be modified after publishing the waiver.\\par\n\\cf0\\par\n\\cf2 The Planning and Development Department reviewed these submissions and determined that the waiver request meets all the submittal requirements. They found that LKY\\rquote s submittals appear to adequately address the ordinance\\rquote s public health and safety objectives. The City Manager reviewed and makes a recommendation to approve the attached Waiver.  \\par\n\\cf0\\par\n\\b Location\\ul\\par\n\\ulnone\\b0 Council District: 8\\par\nParcel Address: 617 S. 5th Avenue\\par\n\\par\n\\cf1 ..Department\\par\n\\cf0\\b Responsible Department\\ul\\par\n\\ulnone\\b0 This item is submitted by Deputy City Manager Alan Stephenson and the Law Department.\\cf1\\par\n}\n"}