As part of the request for the proposed hyperscale data center presented to the Town of Mooresville (Project CZ-2025-04 Patterson Farm Road [Mooresville Technology Park]), specific items need to be considered when making amendments to the official zoning map as per Section 2.5.2.D of the Unified Development Ordinance (UDO). Below are five Decision Standards.
Taking a Look at Section 2.5.2.D of the Unified Development Ordinance
Public Trust
Decision Standard One - Consistent w/ One Mooresville & Relevant Adopted Plans
Please read the One Mooresville policies used in Decision Standard One and deemed consistent with this project. There is particular emphasis on investment in underutilized areas, economic development in response to business preferences, and coordinating with Iredell County and maintaining strong community ties on the decision standards, however, read the true policies below:
Policy 3-3-1
Infill & Redevelopment Strategies Will Remediate and Revitalize Aging Investments
To maximize return on public investments and to foster cohesive placemaking efforts, the Town should support efforts to develop infill areas and redevelop and enhance aging developments.
Policy 3-3-1 Support Reinvestment in Underutilized Centers Facilitate the redevelopment and revitalization of the Town’s aging, blighted, and vacant activity centers. Revitalization of these centers can have a positive impact on community character and surrounding property values. Redevelopment and adaptive reuse of buildings located along activity corridors is encouraged and can be made easier through flexible design regulations that facilitate redevelopment. New infill development is encouraged on existing commercial sites.
Policy 5-1-2
Policy 5-1-2 Support Flexible Physical Development Standards to be Responsive to Business Preferences
Regulations will be reviewed to ensure employment areas are attractive for both businesses and employees. Increased flexibility in development standards will allow for more mixed-use areas and allow for the integration of office, research and development, maker spaces, and other innovative spaces. This includes allowing the transformation of office parks, strip commercial plazas, and underutilized industrial sites. Where industrial and manufacturing practices are not compatible with residences, flexibility will still be added to accommodate mid-shift services such as restaurants or convenience stores. Market changes will be monitored to ensure flexibility is sufficient to meet evolving business preferences. Even with the greater focus on flexibility, land will be protected for employment uses. These policies are supported through the guidance of the Future Character and Land Use (FCLU) portion of Chapter 3: Shaping Development.
Policy 2-2-1
Policy 2-2-1 Coordinate Planning and Zoning with Iredell County
Much of the lands within the Town’s planning area are currently within Iredell County’s planning and zoning jurisdiction. The Town should work with Iredell County during future updates to the County’s Comprehensive Plan and Zoning Ordinance to ensure that Mooresville’s Town Framework is reinforced by future County policies and regulations. In addition, consider creating formal relationships to coordinate planning in areas of common interest to ensure that planning policies on one side of the jurisdictional line match the policies on the other side.
Decision Standard Two - Compatible with Existing and Proposed Uses
The data center will have a roughly 1.5 million square foot footprint and has a maximum building height of 100'. Each building can be 30,000,000 square feet totaling 150,000,000 square feet of data center. There is a proposed 100' of buffer with trees that are less than 100' in height. In addition, the rear of the property appears to be highly visible to those residents on Archer Road.
"Yes, the data center will be obscured by natural barriers and will have a low volume of traffic"
Decision Standard Three - Expansion of an Existing Zoning District
We know that these are not local needs. We know that this 400 acres is located almost two miles from the closest current edge of the Town of Mooresville. We know that Iredell County did not know what this project was because of a non-disclosure and that it was originally set for the Back Creek watershed. We know that the residents in this area do not want utilities.
In planning and development, an infrastructure need refers to the essential physical systems and services that support the functioning of a community or area. These needs are vital for a development project to be viable and successful.
"Yes, the location is logical as the site is ideally situated to serve the modern infrastructure needs of the broader community."
Decision Standard Four - Logical and Orderly Development Pattern
Just because one states that, "the conditions limit and mitigate many of the concerns" does not make it true. It is a logical fallacy. Residents have continued to state that they are not informed, that the conditions are too loose, that there is a huge lack of data and research, that the short and long term effects of a data center (based on research) are detrimental to the area. In addition, in December, 2024, the Iredell County Board of Commissioners stated that they granted land rights without any details of the project due to a nondisclosure.
"Yes, the conditions limit and mitigate many of the concerns associated with the original by right request. Additionally, a portion of the watershed has been allocated to the Town from Iredell County in support of industrial development on the site"
Decision Standard Five - Reasonably Served by Public Infrastructure
See Decision Standard Three.
"Yes, water and sewer capacity is available upon extension of the lines by the Applicant."
Consideration of the Town of Mooresville Strategic Plan
The Mooresville Strategic Plan is also considered by the Planning Board when approving or denying a project. Below is the qualifying category that the Mooresville Planning Board used to approve this hyperscale data center request. This overly broad category allows for superficial similarities that have significant differences. It lacks nuances and specific criteria that are essential for effective decision making.
Town of Mooresville Strategic Plan 2025
Individual and Community Economic Vitality
Foster strategic partnerships for economic prosperity
Assist sustainable business growth by leveraging local strengths and identifying new market opportunities for expansion
Pursue diverse economic drivers to foster a robust and varied economy
Support development of housing, employment, and educational choices to support economic sustainability
Town of Mooresville Planning Board Votes for Approval
But Not Option One As Written
This is the form that was used to approve recommendation of the hyperscale data center project. A motion was made by Mr. Cole and seconded by Mr. Perez, to recommend approval to the Town Board for rezoning to flex industrial.
A motion by Mr. Cole to recommend approval included the following statements:
"I make a motion to recommend that the Town Board approve CZ-2025-04 with the condtions. Specifically, the proposal will assist with making Mooresville economic base stronger and more diverse. Therefore, the future land use designation should be updated to reflect flex industrial. The proposal is reasonable and in the public interest because restricting the site to a data center will provide critical and modern infrastructure for Mooresville and the broader community. Additionally, the proposal includes numberous conditions to mitigate impacts to adjacent properties."
Taken from Town of Mooresville Planning Board April 22, 2025 6:00 PM - Mooresville Town Hall
Draft Minutes
Mr. Cole's further explanation:
"I just want to point out that it is not exactly as option one. If the secretaries were taking track there, I did not read everything in that op... I just want to be sure that what goes in the record is what I said. So, are we good? You got it? Okay. Maybe the rest of the board needs to know what I left out. (asked for clarification) Sure. Sure. I'm not trying to be cute I just want to be sure people are following along. What you said, approving option one, it's not option one. I, I left out 'because the proposal is consistent with the town’s One Mooresville plan'; and I left out, 'however, the future land use and character map designate this area as rural residential.' I left that sentence out as well. So, that's what I scratched. And the 'therefore,' and the last sentence in the first paragraph stays in to, 'use designation should be updated to flex industrial.' I know it's kind of odd, but I think the Town Board is gonna have to figure this out. And a lot of good stuff has been said here tonight. I think there's a lot of value in restricting the use of this property to a very specific item. That's my personal opinion. That's why I voted against the first option. But it is not consistent with the plan."
(Asked specifically by chair, "so you struck on the first line, 'I make a motion to recommend that the Town approve CZ-2025-04 with the agreed upon conditions.' Stop.") "Correct. Correct"
("And then you pick up, 'Specifically, the proposal will assit with making Mooresville's economic base stronger and more diverse.' ") "Correct. Scratch the next sentence."
("And pick up with, 'Therefore, the future land use designation should be updated to reflect flex industrual.' ") "Correct."
("Thank you. And then the last paragraph?") "Stays the same."
("Okay.") "I apologize for the inconvenience." ("No. We appreciate your ..ation Mr. Cole. And thank you...")
Read the below transcript from the April 22, 2025 planning board meeting. The board chose option one, although noted that this was not option one... yet recommended that the Town approve this project.
Key Conditions Take Away
Development allows for less stringent standards if otherwise noted on the Concept Plan or in the Development Standards; If not mentioned in Concept Plan or Development Standards then more stringent standards apply; Must follow Ordinance for IN-zoning (although flex industrial zoning recommended).
The nature and location of the site elements can all be modified as long as they meet the new Ordinance standards.
Despite the planning board stating that this is a very specific zoning approval, the property may be developed for any uses permitted in the IN zoning. Accessory uses to support the permitted uses are also allowed. Accessory uses include, "enclosed energy, battery and fuel storage facilities" and "any other infrastructure necessary to support the permitted uses."
No concrete info regarding storm water, sound studies (other than before a building permit is provided; only monitored in decibels and averaged over an hour), light pollution (as security lighting does not have restrictions), energy use, water use, etc.
A gate may be installed on Rustic Road.
There are two "preservation areas" that may or may not occur. One may allow Coddle Creek ARP Church to use it as a cemetary.
Only 100' buffer for buildings that can be 30,000,000 sf or more, EACH totaling 150,000,000 sf.
Maximum building height of these roughly 1000'x300' buildings is 100'.
No sidewalk needed. Pay a fee-in-lieu at 100%.
Areas of the building that are visible from the road need to have 2 elements with colors that blend into the surrounding natural environment. Arhcitectural modifications set forth in Section 2.5.23 of "the Code" may be granted.
Chain link fencing with slats is not acceptable, however, a 14 foot chain link fence with mesh has been accepted.
Concerning conditions that the Planning Board stated will mitigate impact to adjacent properties: