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Transition clause limits expansions: existing data centers may be grandfathered but growth could be blocked
Summary
Staff recommended a transition clause that would exempt projects that already have a Department of Permitting Services building permit at the ZTA's effective date; staff said expansions that push a facility above the 25 MW threshold would not be permitted under the ZTA and would be assessed case‑by‑case.
Staff recommended a transition clause so the prohibition would apply to any application that had not received a Department of Permitting Services building permit before the ZTA's effective date. That language is intended to "wrap everything up in terms of indicating the council's intent at this time," Ms. Wellens said.
Councilor Madrona asked how facilities under the 25 MW threshold would be treated; Ms. Wellens responded that existing facilities would not be affected but an expansion that would push a facility from under the threshold to above it (for example, from 24 MW to 26 MW) "would not be permitted under the ZTA currently." Staff said any site‑specific questions would be handled with DPS and the Office of County Attorney and be fact‑specific.
