Orange County Supervisors have opted to wait two weeks to approve a recommended change that would remove data centers as a by-right use.
In December, supervisors approved a new technology zoning district. The district is intended to accommodate high-intensity technology-based uses including data centers, technology schools or colleges and technology research and development facilities. Four uses are also allowed by special use permit (SUP)–a data center, on-site power generation, a public utility facility not including utility-scale solar and a telecommunications tower.
The zone sets forth larger setbacks and buffers as well as height restrictions and sign regulations. It’s also a “floating zone” and isn’t dedicated to one particular area in the county, but rather is obtained through a rezoning. Rezoning applications offer opportunities for public feedback through public hearings and are evaluated by both the planning commission and the board of supervisors which ultimately decides the application’s fate.
While the zone was approved, existing language allowing data centers by-right in industrial zoned areas remained in the zoning ordinance. In March, planning commissioners recommended approval of removing data centers as a by-right use in all zoning districts and adding language to the data center definition. The recommended definition added the stipulation that data centers are only permitted by SUP and only in the technology zone. It stated that the principal use of the building has to be the data center and could include various sources of primary and emergency power together with supporting mechanical, electrical and cooling infrastructure.
It was that definition that held supervisors up from approving the changes Tuesday. Prior to the meeting, District 1 Supervisor Jason Capelle circulated proposed changes to the definition including that data centers be considered a principal use if they exceed “10,000 sq. ft. in aggregate within a building, on a lot or as part of a unified development or is designed to operate independently of or serve multiple unaffiliated users or customers.” District 3 Supervisor Keith Marshall said he would want legal review of the changes prior to approving anything and questioned why the number was set at 10,000. Interim county attorney Amy Wilson said on a quick review of the definition, which was done during the meeting, she didn’t see any issues with the changes. District 1 Supervisor and board chair Byran Nicol said Capelle’s definition seemed to be a “touch better” than the planning commission’s.
To appease Marshall’s concerns, supervisors opted to revisit the issue during the April 28 board meeting. Nicol said any comments should be circulated by next week.
“I don’t want to come back on the 28th and not do this,” he said.
