{"MatterTextId":34624,"MatterTextGuid":"65DCC417-E07A-4CD9-AAD5-117558199E4E","MatterTextLastModifiedUtc":"2026-03-02T15:47:35.947","MatterTextRowVersion":"AAAAAARkhTE=","MatterTextMatterId":34523,"MatterTextVersion":"1","MatterTextPlain":"..Title\nAuthorization to Grant Aligned Data Centers (Behrend) Propco, LLC (Aligned) a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers (Ordinance S-52717) - District 1\n\n..Description\nRequest authority to grant Aligned Data Centers (Behrend) Propco, LLC (Aligned) a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers under Ordinance G-7396.\n\n..Report\nSummary\nFollowing the City of Phoenix’s adoption of Ordinance G-7396 on July 2, 2025, which established a regulatory framework for data centers, Aligned submitted a demand to the City under Arizona Revised Statutes (A.R.S.) Section 12-1134, asserting that the ordinance diminished the fair market value of its property located at Assessor's Parcel Numbers 206-12-206, 206-12-207, and 206-12-208B.\n\nParcel Address: 3151 W. Behrend Drive,19640 N. 31st  Avenue, and 3202 W. Behrend Drive, Phoenix, AZ 85027\nOwner: Aligned Data Centers (Behrend) Propco, LLC\nRepresentative: Tony Freeman, Rose Law Group P.C.\n\nPursuant to A.R.S. Section 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, Aligned 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, Aligned 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. The requirements may be modified after the Waiver is published.\n\nThe Planning and Development Department reviewed these submissions and determined that the Waiver request meets all the submittal requirements. Staff found that Aligned's mitigation commitments 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 request.\n\nLocation\n31st Avenue and Behrend Drive\nCouncil District: 1\nParcel Address: 3151 W. Behrend Drive,19640 N. 31st  Avenue, and 3202 W. Behrend Drive, Phoenix, AZ 85027\n\n..Department\nResponsible Department\nThis item is submitted by Assistant City Manager Lori Bays and the Planning and Development Department.","MatterTextRtf":"{\\rtf1\\ansi\\ansicpg1252\\deff0\\deflang1033{\\fonttbl{\\f0\\fnil\\fcharset0 Arial;}}\n{\\colortbl ;\\red0\\green0\\blue0;}\n\\viewkind4\\uc1\\pard\\fs29 ..Title\\par\n\\cf1\\b\\fs28 Authorization to Grant Aligned Data Centers (Behrend) Propco, LLC (Aligned\\b0 ) \\b a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers (Ordinance S-52717) - District 1\\par\n\\par\n\\b0 ..Description\\b\\par\n\\b0 Request authority to grant Aligned Data Centers (Behrend) Propco, LLC (Aligned) a Binding Waiver of Enforcement (Waiver) of the Special Permit Provisions for Data Centers under Ordinance G-7396.\\par\n\\par\n..Report\\par\n\\b Summary\\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, Aligned submitted a demand to the City under Arizona Revised Statutes (A.R.S.) Section 12-1134, asserting that the ordinance diminished the fair market value of its property located at Assessor's Parcel Numbers 206-12-206, 206-12-207, and 206-12-208B.\\par\n\\par\nParcel Address: \\cf0 3151 W. Behrend Drive,19640 N. 31st  Avenue, and 3202 W. Behrend Drive, Phoenix, AZ 85027\\cf1\\par\nOwner: Aligned Data Centers (Behrend) Propco, LLC\\par\nRepresentative: Tony Freeman, Rose Law Group P.C.\\par\n\\par\nPursuant to A.R.S. Section 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, Aligned 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.\\cf1  The Waiver describes requirements for each category to comply with Ordinance G-7396. At the City\\rquote s request, Aligned 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. The requirements may be modified after the Waiver is published.\\par\n\\par\nThe Planning and Development Department reviewed these submissions and determined that the Waiver request meets all the submittal requirements. Staff found that Aligned's mitigation commitments 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 request.\\par\n\\par\n\\b Location\\b0\\par\n31st Avenue and Behrend Drive\\par\nCouncil District: 1\\par\nParcel Address: \\cf0 3151 W. Behrend Drive,19640 N. 31st  Avenue, and 3202 W. Behrend Drive, Phoenix, AZ 85027\\cf1\\par\n\\par\n..Department\\par\n\\b Responsible Department\\b0\\par\nThis item is submitted by Assistant City Manager Lori Bays and the Planning and Development Department.\\cf0\\fs29\\par\n}\n"}