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Aurora details released on proposed new data center moratorium and residential buffers

AURORA | As city council plans to consider a data center moratorium, lawmakers are also moving forward with a proposed residential buffer zone, which could be up to 750 feet, according to the latest plan.

Councilmember Amy Wiles put forward a suggestion to require data centers be prohibited within 750 feet of homes or planned homes, as well as limit them to conditional use within 750 feet to a half-mile from residences. As a conditional use, data centers looking to build within the specified range will be required to have public hearings and approval is dependent on meeting certain requirements.

Under Wiles’ bid, data centers would be a use by right if they were located in approved zoning and more than a half-mile from houses. As a use by right, data centers would go through an administrative approval process that does not typically require a public hearing.

Data centers would still be limited to certain zoning, including industrial and airport zoning, and the residential buffer would serve as an additional setback from residents. 

The residential buffer is scheduled to be discussed by council at the Oct. 26 study session. The proposal is an increase from previous council conversations that focused on a 350 foot residential buffer.

In a social media post, Wiles said that she doesn’t expect everyone to agree with her proposal but she feels it is a good compromise between people calling for a total ban and those who oppose restrictions. 

“I believe this proposal provides a framework for balancing these competing interests while giving our community a greater voice in decisions that affect where data centers can be located,” Wiles said.  

The proposal is the latest development in a long conversation about data center regulations that started when the council narrowly rejected a six-month moratorium in August. Now the council plans to reconsider a moratorium at the Oct. 26 meeting alongside continued discussion of regulations.

Council’s reconsideration is largely driven by the swell of public backlash against the planned Trident data center, which has applied to build near the Windler and Green Valley Ranch neighborhoods, including a senior housing community. 

The new moratorium proposes a pause on accepting data center applications until the city has implemented new regulations, but does not provide a specific timeline.

The moratorium and residential buffer requirement would likely not impact the Trident data center at its current location because the city has already accepted its application for development, according to city officials. It’s unclear how the moratorium would impact other proposed data centers in the city.

However, Vantage is exploring alternative locations, though no other locations have been identified yet. In a statement to the Sentinel, a Vantage spokesperson said the company is working with Xcel and the city to evaluate other locations to see if they meet the technical, energy and operational requirements needed for the facility. 

“At the same time, we continue to advance the current site, which is appropriately zoned for data center use and remains under review through the city’s established development process. No decision has been made to relocate the project,” Mark Freeman, vice president for global marketing at Vantage, said in the statement. “We remain committed to listening to the community and collaborating with local leaders and our partners as we evaluate the best path forward.”

In addition to a moratorium, Mayor Mike Coffman is sponsoring a prohibition on future tax incentives for data centers, which will be discussed at the Management and Finance committee meeting on Thursday. 

The prohibition would end the practice of remitting sales or use tax back to data centers in exchange for jobs, though it would not apply to existing agreements. 

The city has already committed to four incentive agreements, with a max total rebate of about $83 million. One of the incentive agreements is for the Trident data center, which could receive up to $39 million in tax rebates.

Both the residential buffer and prohibition on tax incentives need multiple rounds of council votes before they would take effect.

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