WATERVILLE TOWNSHIP – A 67-page amendment to the Waterville Township zoning resolution – one that would change how large developments like data centers are handled – was passed back to the township by the Lucas County Plan Commission with no recommendations.
“Go in with your eyes wide open,” commission member and Lucas County Engineer Mike Pniewski said during the June 24 meeting. “As long as you understand the risks…god speed.”
The township forwarded the proposed amendments to the county last month. The amendments include the creation of an M-3 Campus Industrial District zoning designation and changes to the existing M-1 and M-2 industrial district regulations, adding tiered classification standards, and provisions related to phasing, development agreements, financial assurance, decommissioning and more.
Normally, the county planning staff would review the information and make a recommendation to the LCPC – either to approve with or without conditions, or deny, based on concerns. This time, however, the staff made an unusual “no recommendation” on its detailed report, mostly because Assistant Prosecuting Attorney John Borell has “significant concerns,” said Lisa Cottrell, LCPC director.
“It’s difficult to reconcile some of the provisions with the township zoning,” Borell told the commissioners. “I’m not going to say they’re not all enforceable. I’ve just not seen anything like this before. I would be a lot more comfortable if this was a conditional use, not a zoning change. Large portions of it are questionable. It’s data centers, so it’s a whole new ball game.”
Borell said he gives the township credit for trying to do something to control not only data centers but larger industrial-type developments.
“I know they’re in a hurry, and I understand why,” Borell said. “But this is such a new area that you don’t know with certainty what a court would do with it.”
Borell suggested that the county planning commission postpone any recommendations for 30 to 60 days to allow more time for review.
While Waterville Township Trustee Toby Miller said he understands Borell’s concerns – many of which were addressed in a six-page report earlier in the week – he said the trustees are in a hurry to get something in place before a large scale data center applies for a permit. The township trustees enacted a one-year moratorium on December 17, but Miller said that offers little protection from big tech developers.Â
“We’re trying to put this through because time is short for us,” said Miller, explaining that landowners have been approached by developers looking for a site for a large data center.
“We have counsel reviewing this. We believe the entities interested in the property out there are not going to wait until December. They don’t see our moratorium as an obstacle. If we have an applicant come in…they will be grandfathered in under our current zoning book, which is woefully inadequate.”
The changes to the zoning resolution came out of input from a Data Center Advisory Committee and the Columbus law firm of Brosius, Johnson and Griggs LLC, which has experience in representing clients facing large developers, Miller said.
Among the amendments under consideration would be to change the current requirement that a developer apply for a conditional use permit in A-Agricultural districts. Because a conditional use permit is an administrative process, it is not subject to referendum by the citizens. The text amendment would require a developer to apply for an M-1, M-2 or M-3 zoning change, depending on size. A zoning change is considered a legislative action and could be contested by citizens with a referendum.Â
Another concern addressed in the text amendment is the process. A conditional use permit would be decided by the Board of Zoning Appeals, which is made up of appointed members, while a zoning change requires approval from the three elected trustees. Kyle Hertzfeld has stated that he will not vote on the matter because of a perceived conflict of interest. That leaves the decision to Miller and Trustee Julie Theroux.
Miller said a 30- to 60-day delay would push changes to the zoning resolution back by six to eight months, but that he would be open to viable suggestions from the commission members and community in the time before the township Zoning Commission meets on July 20. He also noted that he would continue to work with Borell and Cottrell.
County Commissioner Anita Lopez suggested the township continue to work with outside counsel, but to use caution as any litigation from a developer could be costly.
LCPC member Don Mewhort said it makes sense to send the matter back to the township, and moved to close the meeting, but resident and former township Trustee Karen Schneider stood up and asked for an opportunity to speak. She urged the commission to enact a 30-day delay, because she respects the expertise of Borell and the planning staff. She shared concerns about litigation from a data center developer possibly bankrupting the township, which doesn’t have deep pockets.
“Everything about this feels fast,” Schneider said, adding that the goal should be to protect the residents, not accommodate a schedule by trustees to push things through.
Schneider also noted that the change in zoning would open up the township to other large developments.
The commission then closed the meeting, until Risa Sindel urged them to reopen and allow time for comments from audience members who had signed up to speak. She then spoke about the detrimental impacts of data centers on water, the electrical grid, loss of farmland and lowered property values. Leatra Harper of Bowling Green spoke about a title 5 gas plant going in the Meta facility in Middletown Township, and urged the commission to look into how these impact the environment and health.
Lyn Cox said she’s concerned that the tiers proposed in the amendment would be misused and give developers an opportunity to apply for a lower-tier use but then later expand to a higher-use facility without the same oversight. She cited several other concerns about the text amendments, providing in writing to the commissioners.
Cox also noted that Miller resides near land that is being eyed for a data center; that he organized an “exclusive” data center committee; and that he works for AI Logistics, which she said is a field with direct commercial interest in the expansion of data center infrastructure and AI computing capacity in the region.
While Miller acknowledged his work in the industry, he countered that he is not in favor of a data center in his back yard – which is one proposed location for a possible data center.
The commissioners agreed to punt the issue back to the township without further delay.
After the meeting, several residents cornered Miller, who set up an open time at the township hall later that afternoon, for those who wanted to suggest viable changes to the text amendments. One person showed up.
The next step is for the township Zoning Commission to review the proposed text amendments – which are posted on the township website – during the commission’s Monday, July 20 7 p.m. meeting. The Zoning Commission will then make a recommendation for the trustees to make a final decision, possibly as soon as their July 22 meeting, which begins at 6:30 p.m.
The proposed resolution is a text amendment only. It creates the M-3 zoning classification and related standards, but it does not apply M-3 zoning to any property. Any request to apply M-3 zoning to a specific parcel would require a separate zoning map amendment, public hearings, review under the township’s comprehensive plan, and compliance with Ohio zoning procedures.
