Council votes to expedite changes to the Town CodeThe Oro Valley Town Council voted 6-0, with one abstention, on October 7 to begin an expedited process to amend the Town's zoning code to prevent data centers from being permitted automatically in any zoning district. The action follows concerns that existing zoning provisions might allow data centers without specific regulations governing their development. As LOVE reported earlier this week, Oro Valley currently lacks development regulations written specifically for large-scale data centers.
Barrett seeks immediate action to close potential loopholes
Vice Mayor and Mayor-elect Melanie Barrett, who requested the agenda item with Mayor Joe Winfield, said she had become aware of possible loopholes in the Town Code that could allow data centers in several zoning districts. She compared the situation to the recent Board of Adjustment proceedings involving the interpretation of existing zoning provisions. Barrett also indicated that there might already be parties interested in pursuing data center development under the current code. She urged Council to act quickly, preferably before the current Council leaves office, to prevent developers from taking advantage of potential ambiguities.
A two-stage approach to regulating data centers
Barrett proposed addressing the issue in two stages. The first would clarify that data centers are not permitted by right in any Oro Valley zoning district. This means a developer could not rely solely on existing zoning permissions to establish a data center. The second stage, which Barrett suggested leaving to the incoming Council, would involve a more comprehensive review of potential regulations addressing noise, water consumption, electricity demands, and other impacts. She also suggested following similar regulatory efforts underway in Tucson and Pima County.
Council establishes an aggressive timetable
Barrett's motion directs that the Planning and Zoning Commission hold a special meeting on or before October 27, followed by a special Town Council meeting on October 28 to consider the proposed amendment. The motion also calls for a temporary moratorium on data center development to the extent legally possible while the review proceeds. Councilmember Murphy seconded the motion, which passed with six votes in favor and one abstention. Following the vote, staff raised concerns about meeting the required public notification deadlines, including notifying property owners in the C-1, C-2, and Technological Park zoning districts. The Council did not change the schedule.
The decision does not permanently prohibit data centers
The Council's action begins the process of changing the Town Code. It does not immediately establish new zoning restrictions or permanently prohibit data centers in Oro Valley. Rather, the proposed amendment would prevent data centers from being permitted automatically under existing zoning classifications. Whether the Town should eventually allow such facilities, where they might be located, and what development standards should apply remain questions for future consideration.
Oro Valley moves to establish the rules before development proposals arrive
The October 7 decision moves Oro Valley beyond simply considering whether its code needs revision. Council has now directed that a specific amendment be prepared and reviewed within three weeks. If the proposed timetable is met, the current Council will have an opportunity to act before the newly elected Council takes office. The broader discussion of whether data centers are appropriate for Oro Valley, and under what conditions, would then become a matter for the new Council to address.
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