After a year of heated discussions in the aftermath of its rejection of the Project Blue data center, the Tucson City Council has approved an exceptionally strict zoning framework for hyperscale data centers.
Fearing conflict with the voter-approved Arizona Private Property Rights Protection Act, commonly known as Proposition 207, which makes cities liable for losses incurred by developers when zoning changes reduce the value of developable land, the City stopped short of declaring an outright citywide ban and opted for stringent controls.
Under the new requirements, data centers larger than 25KSF or with energy capacity greater than 20 megawatts now require planned area development or planned community development zoning.
This is the same requirement faced by power plants and requires a neighborhood meeting, zoning examiner hearing and final approval by the Mayor and Council.
In addition, large data centers:
- Must be more than half a mile from homes and schools and at least 1,000 feet from commercial developments,
- Are limited to heights of no more than 50 feet,
- Require a noise study and muffled generators,
- Can only run backup generators during scheduled tests or power outages,
- Cannot use potable water for cooling unless a formal agreement is in place and
- Can only have lot coverages of up to 40%.
The Tucson Planning Commission forwarded the measure to Council without a formal recommendation. Two commissioners feared the measure over-regulated industry and voted against a recommendation. The recommendation passed on a 6-2 vote, while seven affirmative votes were required for a recommendation.
Several residents and activists felt the measure does not go far enough and pressed for an outright ban or more significant restrictions during the Council meeting. Some said they believed developers would somehow circumvent or simply fail to abide by the new restrictions.
The revision goes into effect immediately. City staff will return within a year and provide a review of the implementation, although adjustments can be presented earlier if they are deemed necessary. (Source: Arizona Daily Star)