The process to write an ordinance for data centers could begin in the next few months, officials said at Tuesday’s Henderson Fiscal Court.
Henderson City-County Planning Commission Executive Director Brian Bishop presented some information about a draft ordinance for data centers that he’s put together. He said to create his draft he used a baseline ordinance that came from the Kentucky Resource Council.
Bishop said his draft contains stricter regulations than Kentucky Resource Council’s and told the Hendersonian in a later telephone interview it could end up being the strictest such ordinance in the state. The KRC is a statewide organization that provides assistance to individuals and communities with issues that affect “public health, quality of life and the environment,” according to its website.
At the meeting, the fiscal court asked the planning commission to originate the ordinance, which doesn’t often occur with ordinances regarding planning and zoning. Most often, the fiscal court (or Henderson City Commission) originates an ordinance and then sends the planning commission more specific directives to accomplish as the process is started to create an ordinance.
With the process of creating an ordinance originating with the planning commission, it allows the planning commission more flexibility during the process because that body won’t need to adhere to guidelines supplied by the fiscal court or city commission, Bishop said.
County Attorney Steve Gold noted at Tuesday’s meeting that with the planning commission originating the ordinance, other recommendations may come through the process. More restrictions or a prohibition could come from the process, Gold said.
There’s also the possibility of a moratorium being put in place, officials said Tuesday.
Magistrate Tim Southard asked if putting a data center moratorium in place might be a good move, allowing the county to take the time to draft a thorough data center ordinance.
Moratoriums are often imposed so that local officials have time to write and approve a thorough ordinance.
Bishop, though, said the ordinance that he’s worked on is a much better starting point than what officials had when they began working on solar energy systems, BESS and WECS.
“We have a strong starting point compared to the other ordinances,” Bishop said.
Both County Judge-Executive Brad Schneider and Bishop said no data center applications have been submitted in the county at this time
Gold also said that though Bishop has put together an ordinance as a starting point, it’s important that the public understands the process to create an ordinance will still occur, adding that an ordinance was not being proposed at Tuesday’s meeting.
The process includes the planning commission holding one or more public hearings on data centers and then making a recommendation which would be sent to the fiscal court for action.
Bishop said the planning commission is happy to originate the measure. But he also said that it’s probably going to be two or more months before the planning commission can start working on data center regulations.
Currently, the planning commission is in the middle of seven scheduled public hearings that will culminate in a recommendation for an ordinance regarding wind energy conversion systems. That could be ending soon, though.
At the planning commission’s last regularly scheduled meeting, Bishop said that he would probably present a WECS ordinance at August’s regularly scheduled meeting. By then, there will have been three public hearings regarding WECS. Some planning commissioners have voiced suggestions that they’ve gathered enough information and public comment to craft and vote on a draft ordinance recommendation.
Once the WECS hearings are complete and a recommended ordinance is sent to the fiscal court, the planning commission could begin working on data centers. Bishop said that could be September, October or November.
Some of the regulations in the data center draft ordinance that Bishop has prepared include a 1,500 feet outer perimeter setback and a real property value protection plan. The KRC model includes a 500 feet outer perimeter setback and does not include real property value protection plan.
Bishop’s draft ordinance also includes a required public information meeting before an application can even be filed, which according to a document he supplied is not in the KRC model.
There’s also a 2,000 feet setback from sensitive uses or residential, commercial, or agricultural district boundaries, whereas the KRC model is 1,500 feet in this instance.
A summary of the data center draft ordinance proposal says the local proposal holds the same structure of the KRC model, but is more protective: “bigger buffers, a lower noise ceiling, an upfront public-engagement requirement, sharper enforcement tools once the facility is running, and a new mechanism for compensating neighbors for demonstrated property value loss.”
Download the planning commission staff’s summary of a data center ordinance proposal below.
