At the Jan. 6 work session, staff presented proposed Unified Development Code amendments to move data centers from by-right approvals in certain districts to a model in which data centers would be permitted only through a conditional-use permit process in those same districts and in any SP‑1/SP‑2 site plans that specifically allow data-center uses.

Staff said the city originally adopted data-center standards in June 2024 and that recent council direction asked staff to explore a CUP option. Under the proposed approach, data centers in commercial warehouse, light industrial and commercial park districts (and in SP‑1/SP‑2 sites specifically zoned for data centers) would require a CUP. A CUP would trigger Planning & Zoning and City Council public hearings, allow conditions and time limits, and permit periodic compliance reviews and revocation if the city finds violations or detrimental impacts.

Staff walked commissioners through revocation criteria the city would use (changes in circumstances, unapproved enlargements, violations of the site plan/CUP, fraud in obtaining the CUP, a suspension or cessation of use for 180 days, or findings the use is detrimental to public health, safety or welfare). Staff also described enforcement steps: written notice of violation, a 10–30 day cure period, and then initiation of a revocation process with public hearings if violations remain.

Several commissioners voiced support for requiring CUPs as a tool to manage clustering and quality-of-life impacts (noise from generators, potential strain on electrical service). One commissioner said the CUP approach was "pretty thoughtful" and practical. Commissioners also asked that staff provide more lead time for statutory mail notices required under Senate Bill 929 (2023), which staff said would require mailing more than 6,000 postcards for the citywide mailing list for this ordinance re-adoption. Commissioners asked staff to consider additional outreach and explanatory materials because postcard text required by state law can alarm recipients.

Staff confirmed the existing standards (including the 300-foot residential buffer and other supplemental development standards in Section 320) would largely carry forward in the rewrite; the proposed revision would repeal the current ordinance and replace it with cleaned, clarified language while switching the approval mechanism to CUP. Staff provided a timeline: publish legal notice in the local paper 14 days before Planning & Zoning, mail postcards 10 days before P&Z (statutory requirement), Planning & Zoning on Feb. 3 and City Council on Feb. 6 if council authorizes the schedule at its Jan. 16 work session.

Why it matters: the change would shift who reviews and imposes conditions on data-center proposals and would add public hearings to a process that previously allowed certain data centers to proceed by right in specific districts or under SP site plans.

No final ordinance change was adopted at the work session; staff requested direction on timing and outreach and will return with formal drafts and public-notice mailings following council authorization.