A data center can no longer be built in Denton by right. City Council members voted 4-0 on Tuesday, Oct. 13, to amend the data center rules in the Denton Development Code, so each project now needs a specific use permit that the council votes on one at a time.
Shortly before the vote, Mayor Pro Tem Nick Stevens said city officials had rejected a data center application the previous week because it did not meet Denton's intake requirements, the Denton Record-Chronicle reported. Stevens asked City Attorney Mack Reinwand whether the new standards would apply to that developer.
Reinwand answered that the new rules might have applied, but that the city would first need to examine the submittal, a call he described as requiring considerable review.
Mayor Chris Watts and council member Jill Jester were absent.
What the amendments require
- Zoning. Data centers are limited to land zoned light industrial, heavy industrial or public facilities.
- Distance and light. A 300-foot setback applies, along with limits on how much light can spill onto neighboring homes.
- Approvals first. A project must have every needed approval from the Public Utility Commission of Texas and the Electric Reliability Council of Texas before the project can go on a meeting agenda.
- Water. Applicants must provide water and wastewater studies and use closed-loop or free-air cooling.
- Penalty. The ordinance sets a maximum fine of $2,000 per violation, according to the meeting agenda.
The Planning and Zoning Commission had recommended the changes 5-0.
Angie Manglaris, the city's assistant planning director, told the council that under a specific use permit the use "[is not] prohibited, but it's also not allowed by right," and staff weighs each request against criteria such as adverse impacts and compatibility with the surrounding area. Asked by Stevens, she confirmed council members would vote on every data center request.
