LAW DIRECTOR IS RIGHT

In My Opinion has published several posts about data center critics questioning some of the legal advice Law Director Stephen J. Smith gave to City Council. However, In My Opinion acknowledges that Smith was correct on one piece of his advice.

On May 4, he told Council that Grove City’s current zoning code does not permit data centers. To allow a data center, Smith opined, the Council would have to approve a re-zoning for the massive project’s 310-acre site.

A land-use proposal submitted to City Hall yesterday (May 27) by Headwaters Site Development of Dallas, Texas, shows Smith was correct. The developer’s application asks the city to re-zone the area under a Planned Industrial District (PUD-I).

The application, in effect, is a customized request for a re-zoning. Customized re-zoning requests are routinely submitted by real estate developers throughout Ohio.

At the Council meeting, Smith went even further.  Because a re-zoning vote is required, he believes a 12-month moratorium would not be necessary, Smith advised. Council can delay a vote on Headwaters Development’s re-zoning request for as long as it wants, he told Council. In other words, a lengthy delayed vote would become a de facto moratorium.

While conceding Smith is correct on one aspect, In My Opinion still adamantly disagrees with him on the moratorium issue.

 A moratorium all but guarantees Council would delay a vote on the data center for a full year. Under Smith’s scenario, a 12-month delay would be less likely, In My Opinion believes.

Jackson Township trustees obviously agree with In My Opinion. Earlier this month, they unanimously enacted a 12-moratorium on data centers in the non-Grove City parts of the township. The trustees explained they need time to thoroughly study the numerous and complex issues surrounding data centers.