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The Data Center Divide

Lee County

Neutral Data Center Policies

Lee County’s plan makes suitable industrial and Tradeport areas available for data centers, but projects must meet ordinary development rules and receive no special financial incentives.

current law · County measure
Establishes no data-center-specific rules, focusing instead on electronic signs and planned-development regulations.Lee County, Florida Ordinance No. 20-02, Land Development Code

What this means

The measure changes sign rules and certain uses in planned recreational developments, but does not set rules or offer benefits for data centers. It would have no meaningful effect on building, expanding, or operating them.

People behind it

  • Adopted and enacted Ordinance No. 20-02 and takes action on the agenda measures.

  • Made the motion to adopt Ordinance No. 20-02.

  • Seconded the motion to adopt Ordinance No. 20-02.

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  • Administers county disbursement records and prepares Board meeting minutes for approval.

  • Administers the Bald Eagle Management Plan approval process for the proposed Bokeelia gas station and convenience store.

  • Introduces and routes the resolution ratifying the Gasparilla Island SIU assessment method.

  • Proposes and administers the acquisition of land for the North Lee County Wellfield Expansion.

  • Proposes and administers the county-sponsored-functions reporting item and MSTBU interagency agreements.

  • Administers the renewal of the library automation software agreement.

  • Administers the multi-county agricultural extension-agent cost-sharing agreement.

  • Administers the janitorial-services contract extension and CPI price increase.

  • Proposes and administers the EMS patient-account billing-services contract and the amendment to the Local 1826 collective bargaining agreement.

  • Proposes and administers the fare-collection-system replacement contract.

  • Administers agreements and construction projects involving county transportation infrastructure.

  • Proposes and administers the agreement for installing, maintaining, and operating automatic license-plate readers on county transportation infrastructure.

  • Proposes and administers disaster-recovery services contracts for debris and vegetation removal from waterways and creeks.

  • Is a party to interagency agreements required to administer non-ad valorem assessments for Municipal Service Benefit Units.

  • Is a party to interagency agreements required to administer non-ad valorem assessments for Municipal Service Benefit Units.

  • Proposes and administers the interlocal agreement for maintaining the district's surface-water-management systems.

  • Is a party to multiple proposed agreements and amendments, including the Local 1826 collective bargaining amendment and the East Mulloch Water Control District interlocal agreement.

  • Is a negotiating party to and co-proposer of the amendment to the collective bargaining agreement.

Sources

current law · Primarily unincorporated areas of Lee County
Allows data centers in Lee County’s designated industrial and Tradeport areas, subject to local development rules.Lee County Comprehensive Plan (The Lee Plan)

What this means

The measure would make suitable industrial and Tradeport areas available for data centers and discourage those lands from being changed to other uses. Projects would still need to meet ordinary zoning and development requirements, and the measure provides no special financial incentives.

People behind it

  • Directed preparation of the amendments, voted to transmit CPA2022-00001 for state review, and adopted the Economic Element amendment through Ordinance No. 23-08.

  • Prepared and administered the county-initiated comprehensive plan amendment and submitted the transmittal package.

  • Collaborated in developing the proposed Economic Element and related amendments.

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  • Commissioner who offered the motion to adopt the ordinance.

  • Commissioner who seconded the motion to adopt the ordinance.

Restrictions & requirementsHide restrictions & requirements13
  • Industrial data-center developments that require rezoning and meet Development of County Impact thresholds must use the Planned Development zoning process. Industrial-use rezonings outside the Industrial Development, Tradeport, and Industrial Interchange future land-use categories must also use Planned Development zoning, except in the Mixed Use Overlay.

  • Industrial rezoning and development-order applications, including data centers, must undergo review of air emissions, pollution, environmental and natural-resource impacts, utilities, transportation, fire safety, noise, odor, sewage, compatibility, and buffering and screening.

  • Industrial uses must be adequately buffered and screened from adjacent existing or proposed residential areas to prevent visual blight and noise pollution.

  • Industrial development may not generate noise incompatible with nearby residential development, store or produce toxic, explosive, or hazardous materials near residences, or contaminate groundwater or surface water.

  • In the Tradeport future land-use category, data centers are subject to special environmental and design review guidelines because of the category's location within the Six Mile Cypress Basin and its role as a primary point of entry into Lee County.

  • Industrial development may be approved only where existing or planned public services and facilities are available and adequate, creating a prerequisite for the timing and siting of data centers.

  • Industrial development is not permitted if its traffic would travel through predominantly residential areas.

  • A new industrial development exceeding 30,000 square feet of gross floor area per parcel must connect to a public or community water system; if it is within a utility service area or Lee County Utilities' future potable-water service area, it must connect to that utility.

  • A new industrial development generating more than 5,000 gallons of sewage per day must connect to sanitary sewer; where service is available within one-quarter mile and capacity exists, connection to the applicable sewer utility is required.

  • Lee County may not issue or approve development orders that cause the residential, commercial, or industrial acreage totals assigned to a Planning District in Table 1(b) to be exceeded.

  • In the Industrial Development future land-use category, recreational, service, and retail uses may not exceed 20% of the total acreage within that category in each Planning District.

  • In the Tradeport future land-use category, stand-alone retail commercial uses supporting data-center or other business operations are limited to one acre per ten Tradeport and preserved-wetland acres, with additional acreage allowed only for preserved and enhanced uplands meeting specified criteria.

  • No development order, development permit, or land use dependent on the comprehensive-plan amendment may be issued or commence until the amendment becomes effective, generally requiring a 31-day waiting period after the State Land Planning Agency notifies the County that the amendment package is complete.

Benefits & exceptionsHide benefits & exceptions12
  • The Industrial Development future land use category expressly permits data and logistics centers, along with manufacturing, warehousing, research and development, and laboratory uses. Residential uses are generally prohibited except for bona fide caretaker residences.

  • The Tradeport future land use category expressly permits data centers, along with manufacturing, warehousing, distribution, research and development, laboratory, airport-related, and office uses. Residential uses are generally prohibited except for bona fide caretaker residences, which are not allowed in Airport Noise Zone B.

  • The County discourages converting Tradeport and Industrial Development land to other future land use categories, and will not support changes from Industrial Development to accommodate residential development, helping preserve sites for data centers and other employment uses.

  • The County must allocate adequate land on the Future Land Use Map and in Table 1(b) for future commercial and industrial needs, supporting continued availability of appropriately designated data-center sites.

  • Projects identified by the Economic Development Office as economic projects may receive expedited rezoning and development-permit processing.

  • An Economic Development Office zoning and development-permitting ombudsman may coordinate economic projects, reduce requests for additional information, help resolve issues, and shorten rezoning and permitting time.

  • The County will provide technical assistance to businesses seeking to relocate or expand, including development-process guidance, site-selection assistance, and identification of appropriate incentives.

  • The County will provide resources and guidance to help businesses navigate County regulatory processes and encourage relocation to Lee County.

  • The County may provide or implement incentives to attract new businesses and, where appropriate, incentives to maintain existing businesses; these provisions could apply to new data-center development, expansion, or continued operation.

  • The County will support digital broadband and communications infrastructure and the expansion of information-technology industries needed for current and future business needs.

  • The County will maintain transportation infrastructure, including roads, transit, airports, and rail, to support businesses located in the County.

  • The County will protect the capacity and improve access to the State Strategic Intermodal System to support economic-development opportunities.

Sources

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