Villa Rica council approves rezoning, annexation for proposed data center with conditions

The Villa Rica City Council on May 13 approved annexation and rezoning requests tied to a proposed data center campus, imposing conditions that require a development agreement covering water and sewer capacity, removal of residential components, minimum buffers and design controls.

The vote clears the way for the developer to pursue engineering and permitting but leaves utility, traffic and site details to later approvals. Supporters said a data center would generate tax revenue and impose fewer demands on schools and public safety than large-scale residential development; opponents cited pending litigation, conservation easements and questions about water, traffic and notice.

Planning and zoning administrator Sean Daniels presented the application, saying the developer seeks to rezone two parcels — about 182.46 acres on South Van Wert Road and 32.06 acres on Hickory Level Road — to a Planned Unit Development (PUD) with the city’s Technology Park Overlay. He told the council the comprehensive plan designates the area “suburban village,” which allows mixed uses but said staff recommended approval with conditions, including that "water utilization, sewer capacity, and conveyance are to be agreed upon in a form of a development agreement." (Sean Daniels, Planning and Zoning Administrator).

City Engineer Mark Teal summarized review comments from the regional commission, 3 Rivers, including concerns about groundwater recharge, prime farmland designation, potential floodplain and hydrology issues, and the applicant’s need to demonstrate water and wastewater management during later permitting. "Environmental and water considerations ... Villa Rica's encouraged to evaluate water supply capacity and consider cooling technologies that reduce water consumption," Teal said (Mark Teal, City Engineer).

Brandon Bowen, attorney for Atlas Development LLC and the applicant, said the council was voting only on annexation and rezoning and that "if the zoning is approved by this council, then the next round is extensive engineering on this property," including wetlands, site layout and the specific utility needs that will determine water demand. Bowen told council, "recycling is possible, absolutely... using gray water is something that we would actively try to do" (Brandon Bowen, counsel for Atlas Development LLC).

Opponents, represented collectively by attorney Jefferson Allen, urged the council to deny the request, citing a pending judicial challenge to earlier related decisions, alleged improper parcel splitting for annexation and a conservation easement on a 16-acre parcel that Allen said had not been notified. Allen argued the council should not act while litigation is pending: "There is a pending legal action related to the validity of the prior rezoning and annexation action ... under OCGA 36-66-5.1 judicial review ... that stay applies" (Jefferson Allen, counsel for resident petitioners).

Carroll County Schools Superintendent Scott Cowart, speaking in favor, said the district preferred a commercial/industrial use to add tax base rather than add hundreds of new residential units that would increase enrollment. "From our perspective, we found it to be a good recommendation ... we found it to be a positive because it would reduce, potentially, 900 residential units coming into our community," Cowart said (Scott Cowart, Superintendent, Carroll County Schools).

After public hearings and discussion, the council approved annexation motions for the parcels and then passed the rezoning to PUD with the Technology Park overlay with conditions. Key conditions adopted by the council include: water/sewer capacity and conveyance to be agreed by development agreement; removal of the residential component from the PUD; a minimum 100-foot vegetative buffer between subject properties and residential districts; a 200-foot setback for data center buildings from residences; screening or placement of generators, cooling equipment and other noise‑emitting systems behind buildings or behind constructed screening; structures built at least two feet above base flood elevation; and completion of a final traffic analysis at the Land Disturbance Permit stage.

Council members and staff emphasized the rezoning/annexation vote sets zoning but does not permit construction: subsequent engineering, traffic studies, utility agreements and site-plan approvals are required. As Mark Teal summarized, "We will review [floodplain, land disturbance and stormwater] during the permit process as well" (Mark Teal).

Opponents warned the zoning could be premature without a site plan or finalized utility commitments. The council majority said the conditions and subsequent permitting steps would provide oversight. The rezoning motion passed unanimously; annexation votes on the two parcel groups were carried by council votes during the meeting (see actions detail). The city will require development agreements and technical studies before any building permits or land-disturbance permits are issued.

What happens next: the developer must complete engineering, complete required traffic and utility analyses, and negotiate a development agreement demonstrating water and sewer capacity and conveyance. Those deliverables will return to staff and the council for review under existing code and the recently amended Technology Park Overlay standards.

Sources: Council hearing and staff presentations at the May 13, 2025 Villa Rica City Council meeting.