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ITEM 3
City Council Memorandum Development Services Memo No.
22-057
Date:
November 10, 2022
To:
Mayor and Council
Thru:
Joshua H. Wright, City Manager
Andy Bass, Deputy City Manager
Derek D. Horn, Development Services Director
From:
Kevin Mayo, Planning Senior Manager
Subject:
PLH22-0053 Data Centers
Introduction and Tentative Adoption of Ordinance No. 5033
Proposed Motion:
Move City Council introduce and tentatively adopt Ordinance No. 5033 approving Zoning Code Amendment PLH22-0053 Data Centers, as recommended by Planning and Zoning Commission.
Background:
At the November 4, 2021, City Council work session on sustainable development initiatives, staff requested direction from City Council on regulations relating to data centers, which are often large consumers of public and private utility resources. Discussion occurred regarding the impacts data centers have on the City of Chandler, and staff received direction from City Council to proceed with a Zoning Code amendment regarding data centers. The subject request is a City initiative to amend the Zoning Code by adding a section regulating data centers. Proposed amendments include clarifying permitted uses, regulations for sound attenuation and acoustic testing, and regulations for backup power generation.
Within the City of Chandler Zoning Code, data centers as a primary use are not permitted by right anywhere in Chandler, as they are not defined within
35-200. - Definitions
, nor within
Article XXI. - TABLE OF PERMITTED USES FOR NONRESIDENTIAL DISTRICTS
. The Zoning Code is entirely silent when it comes to data centers, and as such, data centers represent what is termed an 'unlisted use'. This situation has caused confusion for both the data center industry and Chandler residents. Historically, data centers as a primary use have only been permitted through a site-specific Planned Area Development (PAD) custom zoning designation specifically calling out the data center use, along with a corresponding Preliminary Development Plan (PDP) for site design and building architecture.
Over time as data centers have evolved from single-user facilities to larger multi-tenant facilities, coupled with an industry migration from water-cooled to electrically-cooled facilities, there has been an increase in potential impacts to the surrounding community, primarily from unwanted noise. As these data centers have developed closer to the urbanized area of Chandler, including residential areas, the potential for noise compatibility issues has increased. Over time, the City has required increased levels of noise study/mitigation efforts, public outreach, and regulations regarding backup power generators.
Discussion:
Proposed Code Amendment
The attached proposed Zoning Code Amendment simply sets to codify Chandler's administration and regulations surrounding data centers as a primary use. The following is a summary of the proposed code amendment.
Establish Section
35-2214, Data Centers
Clarify Data Centers as a Primary Use only permitted in PAD zoning designations
Clarify Data Centers as an Ancillary Use, including size limitations, purpose, and location on site
Establish public notification protocol for pre- and post-construction, including neighborhood meetings and an on-site liaison
Require pre-construction sound study to establish noise baseline
Require the incorporation of sound mitigation measures to ensure noise levels from Data Center do not exceed levels observed during baseline study
Require the Data Center to conduct an annual noise study during peak operation times for 5 years upon Data Center construction completion
Establish backup generator routine maintenance and testing time limitations, including notification protocol
Public Notification
This request was noticed in accordance with the requirements of the Chandler Zoning Code
This request was noticed within the City's social media
The public hearing schedule was posted on the City's website and advertised in the newspaper
As of the writing of this memo, City staff is unaware of any opposition to this proposed Code Amendment
Planning and Zoning Commission Vote Report
Planning and Zoning Commission meeting October 19, 2022
Motion to Approve
In Favor: 7 Opposed: 0
Attachments
Ordinance No. 5033
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