Title
Authorization 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
Description
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.
Report
Summary
Following 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.
Parcel Address: 3151 W. Behrend Drive,19640 N. 31st Avenue, and 3202 W. Behrend Drive, Phoenix, AZ 85027
Owner: Aligned Data Centers (Behrend) Propco, LLC
Representative: Tony Freeman, Rose Law Group P.C.
Pursuant 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.
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. 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.
The 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.
Location
31st Avenue and Behrend Drive
Council District: 1
Parcel Address: 3151 W. Behrend Drive,19640 N. 31st Avenue, and 3202 W. Behrend Drive, Phoenix, AZ 85027
Department
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Planning and Development Department.