The difference between a promise and a condition.
One costs us nothing. The other costs us the building. Here's what we've asked the City to hold us to, in the City's language and in plain English.
- Requested as binding
- Eight stipulations
- Still under discussion
- Privacy wall height
- Enforced by
- The City, not us
We asked to be held to this.
A commitment that lives on a website can be quietly dropped. A condition attached to a zoning approval can't. That's why we asked the City to attach ours — so that what we've said here is something the City can enforce, not something you have to take on faith.
Draft stipulations, Case Z2026-12. Public record.
What "enforceable"actually means
A condition isn't a contract with us. It's a term written into the City's approval of the use.
If we violate one, the City has remedies against the approval itself — the thing that lets the building operate at all. That's a different order of consequence from a broken promise, and it's why we asked for it. The recourse belongs to the City, not to a customer service line we control.
The eight, in full.
Plain sentence first. Where we have it, the filed City wording sits underneath as a quiet citation.
- 01
Adaptive reuse of the existing building
Equipment goes inside the building that's already standing. Nothing new gets built.
As filed: “The data infrastructure use shall be accommodated through adaptive reuse of the existing structure, with no new principal building construction.”
Requested as binding - 02
No increase in impervious surface
The property is already paved. This doesn't add to it.
As filed: “The development shall result in no net increase in impervious surface area on the subject property.”
Requested as binding - 03
Generator enclosures, weekday testing only
Enclosed or acoustically screened, kept in good condition, and tested only during business hours on weekdays. Never at night, never on a Sunday.
Requested as binding - 04
An independent acoustic study before we open
An acoustical engineer who doesn't work for us measures at the property line. If it doesn't pass, we don't open.
Requested as binding - 05
Shielded, downward-facing exterior lighting
Full-cutoff LED with motion sensors and dimming. No light crossing onto your property, no glow in the sky.
Requested as binding - 06
Closed-loop cooling, no municipal water for cooling
Sealed and air-cooled. No towers, no evaporative loss, nothing released to the sewer.
Requested as binding - 07
Construction best practices
Dust, erosion, runoff, debris, staging and construction traffic, all managed to standard.
Requested as binding - 08
Equipment oriented away from homes
The equipment that makes noise faces the interstate, not the neighborhood.
Requested as binding - —
A privacy wall along the residential boundary
New construction along the full length of the boundary. Council asked us to look again at the height, and we are. We'll publish the number once it's settled.
Under discussion - —
Perimeter trees retained
The mature buffer stays. It's the screening you already have, and it doesn't get cleared for this.
Requested as binding
The one we haven't settled
Eight of these are ready to be attached. One isn't.
We proposed an eight-foot privacy wall. Council asked whether that's enough for the homes immediately behind the property, and it's a fair question — a wall at the property line does less for sound than people expect. So we've since proposed enclosing the chiller yard itself, which stops noise at the source rather than at the boundary.
The wall height is still under discussion. We could put a number here today and revise it later, but you'd be right to notice.
The existing perimeter buffer, July 2026.
What's binding, what isn't, and what's still open.
| Commitment | Status | Source |
|---|---|---|
| Adaptive reuse — no new construction | Requested as binding | Draft stipulations |
| No increase in impervious surface | Requested as binding | Draft stipulations |
| Generator enclosures, weekday testing | Requested as binding | Draft stipulations |
| Independent acoustic study before opening | Requested as binding | Draft stipulations |
| Shielded, downward-facing lighting | Requested as binding | Draft stipulations |
| Closed-loop cooling, no municipal water | Requested as binding | Draft stipulations |
| Construction best practices | Requested as binding | Draft stipulations |
| Equipment oriented away from homes | Requested as binding | Draft stipulations |
| Perimeter trees retained | Requested as binding | Application |
| Privacy wall along boundary | Under discussion | — |
| Privacy wall height | Pending — with Council | — |
"Requested as binding" means exactly that — we've asked. The Council decides what actually attaches to any approval, and we'll publish the final list the day it's set, whatever it contains.
The full text is on the record.
These are the stipulations as we filed them with the City. The document is public — read it, and if something on this page doesn't match it, tell us.