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Planning commission debates definitions, buffer size and legal risk in drafting data center rules
Summary
Commissioners and staff debated whether to use firm definitions, a 5,000-foot buffer, drought protections, and how broadly to target AI data centers versus ordinary data centers before recommending a one-year moratorium while staff drafts language.
Commissioners spent substantial time narrowing how the county should define and regulate data centers, with staff recommending starting from federal definitions and commissioners urging precise language to avoid unintended consequences.
Thomas Lloyd advised using clear definitions as the foundation for any zoning amendment and read sample federal language for 'data center' and 'mining facility' as a point of departure. He cautioned that the proposed 5,000-foot buffer may be infeasible in county industrial zones: "...preliminary crunch with GIS... we have 6... there's no point in any of those industrial districts that's less than 5,000 feet," Lloyd said, noting the limitation was part of legal's concern.
Commissioners raised several drafting concerns. Commissioner Wells warned that overly broad wording could capture ordinary, small data centers and noted other counties have faced legal challenges when attempting moratoria. Commissioner Solis suggested phrasing definitions around "computational operations requiring substantial electrical or cooling infrastructure" and proposed adding a drought-related clause to require usage reductions during drought conditions. Some commissioners also proposed explicitly protecting cemeteries and asked whether municipalities could coordinate zoning to avoid conflicting rules.
The commission did not finalize ordinance text at the meeting but agreed to recommend a one-year moratorium to allow staff and legal to prepare precise language that targets large AI-scale operations while excluding routine data services. Staff will return next month with draft language for legal review.
