County panel approves data center regulations

The Jefferson County Planning and Zoning Commission unanimously approved new regulations for data centers on March 12, aimed at governing development in unincorporated portions of the county. County Services Director Mitch Bair emphasized that these additions to the Unified Development Order create a "proactive, enforceable regulatory framework" to safeguard residents and adjacent land uses, driven by growing interest in data center construction nationally and locally. The regulations define data centers and, notably, were drafted despite the county not yet receiving any development applications. The proposed regulations now await consideration and final approval or denial by the Jefferson County Council, likely at its April 13 meeting. The County Executive Dennis Gannon had previously expressed openness to data center development, comparing it to other landmark innovations, and in December issued an executive order tasking Bair and the Economic Development Objectives Committee (EDOC) with drafting the regulatory framework. The EDOC and county staff have since convened multiple times to refine aspects like noise, air quality, design standards, and community benefit agreements. During the March 12 meeting, commissioners introduced and passed several amendments. Commissioner Jessie Scherrer successfully proposed limiting data center building height to a maximum of 50 feet, down from previously allowed 80 or 70 feet in urban and suburban growth areas respectively. Commissioner Chris Moenster suggested simplifying setback rules, advocating for equal protection for all residential properties. Commissioner Jeffrey Spraul further amended this, increasing the setback requirement to 1,000 feet when adjoining any residential developed property, which was narrowly approved 5-4. Additionally, an amendment proposed by Scherrer regarding emergency backup generator testing was unanimously approved. This change allows multi-generator testing for a shorter duration (30-60 minutes) rather than prohibiting it, addressing concerns about prolonged individual generator testing throughout the day. The county plans to maintain transparency by making annual reports, including emissions and water discharge quality testing, available on a dedicated data center webpage.