Aurora council rejects indefinite data center pause, advances 750-foot residential buffer

Aurora City Council has postponed a vote on an indefinite moratorium for new data centers, keeping the regulatory status quo for the contested Trident project. The decision came after a split vote on Monday, where the body failed to meet the procedural threshold required to reconsider a pause previously rejected in August.

Mayor Mike Coffman and five other council members supported the reconsideration, but the proposal required seven votes to advance. Consequently, the council did not debate the moratorium. Coffman indicated he will bring the reconsideration back to the floor at the November 9 meeting.

The moratorium would have paused the acceptance of new data center applications until the city finalized new regulations. City officials clarified that this pause would not affect the Trident facility, as the city has already accepted its application. Vantage Data Centers, the developer, has stated it is evaluating other locations but has not yet identified a specific alternative site.

In a letter to the council, Vantage requested a 90-day pause on new regulations to assess technical and operational feasibility for sites further from residential areas. Matthew Clark, Vantage's senior manager of public policy, noted that new rules could hinder their efforts. Mark Freeman, the company's vice president for global marketing, confirmed in a statement that no decision has been made to relocate the project, which remains under review at its current site near the Windler and Green Valley Ranch neighborhoods.

Despite rejecting the moratorium, the council unanimously approved a zoning change prohibiting data centers in mixed-use office-industrial areas. It also advanced a proposal from Councilmember Amy Wiles to create a residential buffer. This rule would ban data centers within 750 feet of homes and classify them as conditional uses between 750 feet and half a mile. Sites beyond half a mile in approved zoning would qualify for administrative approval without a public hearing.

City Attorney Pete Schulte stated the new buffer would not apply to existing applications or amended applications for the Trident project. Councilmember Rob Andrews, Francoise Bergan, Curtis Gardner, and Stephanie Hancock questioned the 750-foot distance, while Mayor Coffman supported the measure to prevent future disputes. The council voted to send the buffer proposal to the Planning and Zoning Committee.

Separately, the Management and Finance committee supported a prohibition on future tax incentives for data centers. This move does not affect four existing agreements, which carry a maximum total rebate of approximately $83 million. The Trident project is eligible for up to $39 million in tax rebates under the current terms.