After contentious neighborhood meeting, planning staff to draft ordinance language on data centers; commission cautioned about retroactive limits

Commissioners discussed options for amending ordinances governing placement of data centers following a recent, contentious neighborhood meeting about a proposed larger QTS facility on Gordon Highway. Planning staff said the parcel was rezoned in 2022 (B‑2) and later acquired by a different developer; site plans and permitting are proceeding under current approvals.

Commissioner Wayne Guilfoyle said staff and an outside consultant are drafting updated zoning language and outreach methods to avoid repeating the communication issues that left many neighbors unaware. Planning staff explained that in 2022 the project was rezoned to a business zone and that QTS acquired the project in 2024, enlarging the proposal. Planner Amanda Cruz told the committee that special exceptions sometimes lapse if not initiated within statutory time frames, but typical zoning rezones do not automatically revert.

Attorney Plunkett cautioned that retroactive restrictions (for example rescinding a zoning approval or imposing conditions on already‑approved development) risk inverse‑condemnation claims and could expose the city to liability; he noted other Georgia counties were considering moratoria and sample ordinances to regulate data‑center placement. Commissioners and planning staff agreed to continue drafting ordinance language, improve notification practices (adding signs at both ends of access roads and better email/IT outreach), and meet the community again after staff returns with proposed language.