After a two-week delay, Orange County Supervisors have approved an amendment removing 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 earlier this month. 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.
Supervisors agreed, opting to approve Capelle’s definition Tuesday. Capelle said his intent was to “make sure no data center slips through and avoids our requirements” while “a legitimate office building doesn’t get discouraged and think they can’t use water for air conditioning cooling.”
“Almost every conceivable [business] facility has some sort of data center in it now,” he said, stating a business who has a room utilized as a data center for the conducting of its own business shouldn’t be held up by the data center definition.
“I’m proud of this board for taking proactive action to protect Orange County from being exploited by data centers,” District 4 Supervisor Crystal Coleman said. “This is something we as a group have been focused on for quite some time now.”
The zoning text amendment was approved unanimously.
