Irving planners propose requiring conditional use permits for principal data centers

Irving planning staff on Monday recommended an ordinance change that would require conditional use permits for data centers when they operate as a principal use in several industrial zoning districts, while continuing to allow smaller, accessory server rooms by right.

Planning Manager Ken Blum told the commission that the proposed ordinance "allows data centers as principal use only by a conditional use permit" and would let the city set site‑specific conditions such as building size and height, loading and parking, additional landscaping, vehicle access and buffer yards. He said staff would also clarify maximum building height language to 75 feet and update related development standards.

The change responds to several recent data‑center proposals and would permit council to attach conditions and to require periodic review or revoke approvals if the city finds violations. "As a conditional use permit, you and council can set conditions," Blum said, and a CUP could be revoked for unpermitted enlargements, fraud in obtaining the permit, or suspension of the use for more than 180 days.

Commissioners focused questions on resident impact and enforceability. Blum said accessory exterior equipment (unmanned, ancillary structures) would remain limited to 1,000 square feet, 15 feet in height and at least 50 feet from residential property — limits he described as existing standards for accessory equipment. For principal data centers, a 300‑foot minimum distance from residential property is in the current draft; commissioners asked whether the commission should recommend larger buffers.

Noise and nuisance enforcement also drew questions. Commissioners sought ways to speed enforcement for repeated noise complaints. Blum said noise is enforced under the city's separate code enforcement/noise ordinance and that repeated noise violations could be considered if the city later reviewed or sought revocation of a CUP.

Staff described outreach supporting the review: the department mailed more than 6,300 postcards and reported roughly a dozen direct inquiries about whether specific properties would be affected. "Most of the contact was, ‘does this affect my property?’" Blum said, noting many properties were too small or otherwise not likely to be used as a data center.

Because CUPs bring site‑specific conditions, commissioners discussed options such as additional landscaping or higher buffers and whether council could set time limits to require periodic re‑approval. Blum said time limits are possible on a case‑by‑case basis, but data centers generally do not qualify as temporary uses. He reiterated that revocation is an available remedy when violations occur.

Next steps: the commission will hold its public hearing and make a recommendation to city council, which will hold its own public hearing and consider final action.

Provenance: Planning Manager Ken Blum presented the proposal and answered commission questions during the work session discussion on the data‑center ordinance (transcript start 00:38:28).