New regulations for data centers pass JC planning commission

Proposed changes to Johnson City's zoning code that would significantly change how data centers are regulated within city limits made it through the first round of board approval Tuesday night. "This is tough for all of us because I don't think any of us want a data center in Johnson City, but at the same time, we have to have something in place for accountability purposes," said planning commissioner Robert Williams before voting to approve the zoning code changes. While most praised elected officials and city staff for working to develop more intensive regulations for data centers, several local residents voiced concerns about the distance required between a potential data center development, citing the proposed amendments' minimum distance requirement of 200 feet between data center and residential property line. City planning staff however, say 200 feet is the distance they feel is reasonable enough to still limit potential data center impacts while also not effectively banning the development type altogether because of parcel limitations. Zoning regulations that effectively prevent a type of business from operating within the city could open up the city to potential legal challenges. "I think all of us are still struggling with this number, 200," said Laura Kelly, of the distance requirements. "I'm so close to voting 'yes' for this," said planning commissioner Laura Kelly, before voting 'no' on the amendments. "I need to do a little more due diligence and learn more… and see the numbers on the 200-foot setback. I just would like to see it with my own eyes and have a better understanding, because it still seems like a little bit of a gray area in terms of liability and where a lawsuit could potentially begin." With passage from the planning commission, the amendments can now head to the city commission for their first reading. The amendments must pass through three readings before the city commission to be adopted. If codified, the amendments would make it so any proposed data center project would need to be approved by the Board of Zoning Appeals (BZA) before the developer could submit an application for a building permit. With the changes, developers would also have to check off an extensive list of prerequisites, including the completion of several impact studies and verify utilities can handle their operation, before submitting plans for approval. There are currently no proposed or ongoing data center operations known in Johnson City.