As previously reported, developer Brian O’Neill is seeking approval for a data center for a property along Front Street in West Conshohocken at the border with Upper Merion Township. The applicant is Innovation 411 Fee Owner, an entity associated with O’Neill.

The approval process involves two different hearings. The main process involves a review by the borough’s planning commission (which can offer a recommendation) and then a conditional use hearing before the borough council. The borough recently adopted and revised an ordinance that permits data centers by conditional use on heavy industrial-zoned properties, which includes regulations involving energy, water, etc., that must be met.

The second process, which is starting first, involves an effort to have previous zoning relief (for a different project that never moved forward on the same property) amended, plus seeks some additional relief. This hearing (agenda) is scheduled for November 16th at 7:00 p.m. The specific relief sought is as follows:

1. A variance from Section 113-103.A(1) of the Zoning Ordinance regarding loading berths, so as to permit the number of loading berths to be reduced from approximately 130 spaces, to 7 to 14 spaces.
2. A variance from Section 113-75.B of the Zoning Ordinance, so as to permit development in an area with steep slopes measuring 25% or more.
3. A variance from Section 113-88.B(3) relating to certain expressly prohibited activities in the Floodplain Conservation District.
4. For the Zoning Hearing Board to otherwise specify the term of validity of zoning relief, or in the alternative, a variance from Section 113-123 of the Zoning Ordinance, to extend the term of validity of any zoning relief granted for 2 years.

Please note that the applicant has withdrawn the substantive validity challenge to Section 113-103.A(1) of the Zoning Ordinance.

There is some confusion.

Two weeks ago, as required by law, the Borough of West Conshohocken published a notice that a conditional use hearing would be held on November 10th before the borough council. However, this hearing was not included on the borough council agenda when it was published on November 6th.

This is not an unusual occurrence. When a developer submits an application, the municipality is legally bound to schedule a hearing within a specific timeframe. Often, the developer decides to wait and requests that the hearing be held at a later date. So, while there was legal notice, it isn’t held as initially scheduled.

Confusing the matter is that there is a mention on the November 10th agenda of the data center zoning application involving the November 16th zoning hearing. More and more, elected bodies are including mentions of these applications on agendas so they can discuss them in an informal way or move to take a position in support of or opposition to them. Usually, they are just read, and no position is taken.

Whether or not this zoning application appeared on the agenda, the public can always offer comment to the elected body about what comes before the zoning hearing board and advocate that the elected body take a position. Those opposing the project, through the West Conshohocken Against Data Centers (a Facebook page), are encouraging residents of West Conshohocken to attend the meeting and ask that the council send its solicitor to the zoning hearing board to oppose the application.

Photo – Site where Brian O’Neill seeks to construct a data center in West Conshohocken. Google