VALPARAISO — Valparaiso leaders took the first steps to place strict regulations on data centers in their community by recommending changes to the city's planning ordinance.
A six-page draft ordinance discussed by the council on Monday night forbids data centers outside of heavy industrial zones. Prospective data center developers would also be required to meet several requirements from the beginning and visit the Board of Zoning Appeals to receive special permission to occupy a heavy industrial zone.
Under the terms of the draft ordinance, the Board of Zoning Appeals would review the compatibility of the use with existing development, the use of adjoining land for uses permitted in the district, trends around development in the vicinity of any proposed site, the impact of a data center on the natural land and the quality and available capacity of existing roads to accommodate developmental traffic.
Council President Ellen Kapitan drafted the regulations, led the discussion of this proposed ordinance and made a motion to direct the city’s Plan Commission to make changes to the city’s development ordinance that introduce new limitations on data centers. That motion passed unanimously.
“I think it is really timely, and I think it is really important for our community,” Kapitan said. “Especially in our public meetings, we’ve heard from the community (about) what they do or do not want and how we can address that. … Outlining our own data center expectations ensures that we are putting our community first and putting the people first.”
The Plan Commission’s changes do not necessarily have to be based on Kapitan’s proposal, and the commission and council are both expected to consult a subject-matter expert on this issue at some point in the process.
Mayor Jon Costas said several times on Monday night that no data centers have been proposed in Valparaiso, and he does not expect a proposal to emerge in the coming months.
Several councilors expressed interest in working with Porter County officials to ensure that a data center is not approved on the outskirts of town under the county’s currently less strict standards.
The motion caused some confusion over whether it would kickstart a 60-day clock mandated in Indiana law for the Plan Commission to act, but staff, including Planning Director Bob Thompson, later clarified that was not the case.
“I appreciate everyone’s support on having a proactive approach to this,” Kapitan said after her council colleagues expressed a desire for numerous small changes, but overall supported the larger message of this draft proposal.
“I mean, we’ve all been on the internet to see how other communities are fearing or dealing with this,” she said. “So for us to just set a table for ourselves, set our own rules, I think it’s going to be really important.”
What else did the ordinance say?
The draft regulations lay out numerous required materials for an interested developer to even submit an application, including a site plan, construction schedule, proof of utility capacity, a decommissioning plan and more.
If passed as written and proposed on Monday night, the council would also mandate a set of standards for a given data center development. This includes requiring at least 1,000 feet setbacks from residential and agricultural zones, restricting noise to 55 decibels, ensuring that vibrations do not exceed a certain velocity at the property boundary and more.
Mayor Jon Costas expressed some speculation about the legality of some of those requirements, including the setback, but said he was overall supportive of the measure, so long as it underwent additional legal scrutiny.
The longest section in the draft includes so-called “environmental performance standards,” outlining baselines for energy efficiency, water protection, air quality limitations, noise requirements, heat mitigation practices, stormwater and lighting spaces.
Councilor Barbara Domer said she believed the ordinance could even go a step further on the environment, requiring that data centers use renewable energy sources.
“I feel like if we’re going to be putting what we’ll probably be calling the ‘Valparaiso Gold Standard’ for future data center use, then I think we really need to push the boundary,” Domer said.
A full version of the draft proposal is available on The Times website or the City of Valparaiso’s website.
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