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Lexington residents pack public hearing on data centers. What are their concerns?

‎
John McGary
/
WEKU

The urban county planning commission faced a Thursday deadline to deliver zoning regulation recommendations to the Lexington-Fayette Urban County Council.

Lexington residents advocated for stronger restrictions – and even flat-out bans – on data center projects in Fayette County at a public hearing Thursday.

Members of the public voiced concerns about the vast energy use, pollution and the industry’s ties to artificial intelligence.

The discussions led the Lexington-Fayette Urban County Planning Commission to add tighter guidelines to a data center zoning amendment after around three hours of public comment at council chambers Thursday.

“AI and data centers aren't creating jobs. They aren't making us safer. They are extracting our resources, our land, our ideas, our art, our hard work and funneling profits to the top,” resident Katie Mullen said at the meeting. “Are we really willing to risk so much so a few tech billionaires and a handful of developers can put more money in their pockets?”

Some at the meeting also worried the planning commission did not have enough time to flesh out the details. In June, the Lexington-Fayette Urban County Council directed the commission to draft guidelines to regulate data centers alongside a moratorium on construction through Oct. 31. The planning commission had 60 days to make a recommendation.

“The first thing I realize is that I have not had nearly enough time to do an adequate dive into all the info, and I think we're learning that maybe you all haven't either, especially with this 60-day rush job,” longtime Lexington resident Don Ament said.

Council member Emma Curtis, who represents District 4, argued the commission had plenty of time to go over the zoning amendment.

“This draft ZOTA was publicly shared over a month ago on June 25,” Curtis said. “Additionally, the planning commission also held a prior work session on this issue, so this is not the first time that you should be seeing any of these documents, nor is it the first opportunity for there to be questions asked in a government forum about the document.”

Curtis, who has been a vocal opponent of data centers, also indicated she would work to strengthen the amendment when it comes to the council next month.

“If we do not have stringent enough guidelines in place, and if you all do not send us more stringent guidelines in the current ZOTA, I will work to make them more stringent,” she said. “And if we do not have more stringent guidelines in place by Oct. 31, when the moratorium ends, I will bust my ass to make sure that we extend that moratorium.”

Multiple planners pushed back, saying they’ve been working on a strict deadline amid work on other projects, like defining where solar farms can be built in Fayette County. The Thursday deadline resulted in a flurry of last-minute amendments to the draft at the end of the meeting.

“The council gave us two things to do in 60 days: one was solar, and one was data centers. Don't blame us, blame the council. They're the ones that sent it to us,” planning commission member Frank Penn said. “The council can subsidize, change the rules, kick it on down the road. We don't have that, so we're going to do the best effort we can today to send them what we think you want.”

Stakeholders advocate for cap on energy usage, more protections

The city council passed the moratorium in response to news data center company DartPoints had purchased a north Lexington property formerly owned by Lexmark.

In a release Wednesday, DartPoints said the company is looking to “update” the space, including “improvements designed to reduce noise, limit water use, and fit appropriately within the surrounding area.”

The company originally had long-term plans to scale the operation to a 50 megawatt capacity, double the cap the planning commission now recommends.

At the meeting, Jon Woodall, a legal representative for DartPoints, said a limit on capacity would be necessary to prevent larger, hyperscale data centers in Fayette County.

“That's not what we have here. That's not what we want to be. But we need to be thinking about that as a restriction in this zoning ordinance of this text amendment, so that we can keep that out of our community,” he said.

The Lexington-Fayette County Environmental Commission also presented stricter requirements Thursday.

“The main focus of our feedback relies on two regulatory standards: vague or permissive guidelines won't work. We need clear, enforceable performance metrics,” environmental commission director Patrick Mason said.

The planning commission ultimately added more restrictions to the zoning amendment, including:

  • Further restricting the size of data centers, from 50,000 to 40,000 square feet
  • Setting a 25-megawatt cap on capacity
  • Increasing setbacks from sensitive areas, like neighborhoods, schools and hospitals, from 1,000 to 1,500 feet
  • Adding a 24-hour noise limit of 30 decibels
  • Plans for decommissioning and stormwater management
  • Prohibiting evaporation-based cooling systems, with a preference for closed-loop cooling systems

The council will receive those recommendations Aug. 18, after it comes back from recess. The council can make more changes and give final say on whether to approve it. There is no set timeline on when the council will make a final decision.

Shepherd joined WEKU in June 2023 as a staff reporter. He most recently worked for West Virginia Public Broadcasting as General Assignment Reporter. In that role, he collected interviews and captured photos in the northern region of West Virginia. Shepherd holds a master’s degree in Digital Marketing Communication and a bachelor’s in music from West Virginia University.
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