Silver Fox is not walking through the withdrawn PUD. After April 29, 2026, the land sits on Heavy Industrial. The use line is “Computer and Data Processing.” The process cut is the industrial plat. They tried Sec. 3-2.14 PUD first because a PUD lets the applicant write the campus: 2.2 million square feet, ten phases, “data center or equivalent heavy industrial,” mezzanines off the cap. That application was withdrawn. Withdrawal does not strip the map. The withdrawn master plan already listed existing zoning HI and existing future land use HI.
Village of Indiantown LDRs · September 15, 2026
The HI door
Silver Fox is not walking through the withdrawn PUD. After April 29, 2026, the land sits on Heavy Industrial. The use line is “Computer and Data Processing.” The process cut is the industrial plat.
This file is a compilation of public-source documents. It reflects the available record.
No inference of wrongdoing is made or implied. What follows is the ordinary work of a public compilation: set out the LDR sections on file, set out the path those sections open, and ask the questions those sections leave unanswered.
Prepared for public sharing and official consideration. Not a legal pleading. Not legal advice.
Computer and Data Processing = P
FAR 3.0 · 50 ft · 20,000 sf lot
Heavy Industrial FLU
Industrial plat
any size on a platted lot
What they have to use, assuming the plat is approved
By-right is a use classification. It is not a skip of review. The plat is how review gets smaller.
They tried Sec. 3-2.14 PUD first because a PUD lets the applicant write the campus: 2.2 million square feet, ten phases, “data center or equivalent heavy industrial,” mezzanines off the cap. That application was withdrawn. Withdrawal does not strip the map. The withdrawn master plan already listed existing zoning HI and existing future land use HI.
| Step | Section | What it does |
|---|---|---|
| Use | Sec. 3-3.1 · Table 14 | Line item Computer and Data Processing marked P — permitted by right — in Light Industrial and Heavy Industrial (the table also marks P in other columns; the industrial pair is the one that matters on this land). |
| District | Sec. 3-2.10 HI | Min lot 20,000 sf. Min width 100 ft. Max height 50 ft / 4 stories. FAR 3.0. Front setback 25 ft (gatehouse 20). Extra height may be granted administratively if noise, vibration, smoke or dust do not increase, air traffic is safe, and setbacks are “adequate.” |
| Comp Plan | Policy L6.1.12 | Heavy Industrial Future Land Use. Same FAR 3.0. No residential. Off-site impacts require extensive buffering and/or relative distance. Site plans must show protection of adjacent non-industrial property and a heavy-truck access plan. |
| Consistency | Sec. 3-1.2 | Zoning must stay consistent with that FLU. The PUD withdrawal does not change the underlying pair. |
| Backup name | Sec. 3-3.2 | Uses not listed. Staff interpretation if someone argues a hyperscale hall is not “data processing.” |
| Review | Chapter 12 | Industrial over 100,000 sq ft is a Major site plan — Village Council, public hearing. Industrial of any size on a lot platted pursuant to an industrial site plan is classed Minor. |
Their own math, already on the withdrawn sheet
2,200,000 sf on 296 acres = 0.29 FAR against a 3.0 FAR cap. Height 50 ft / 3 stories, with a note that structures above 50 ft can be approved under Sec. 3-2.10. By-right HI still holds that envelope, or a larger one.
“P” is the use. The plat is the quieting.
Permitted-by-right does not mean no hearing. The industrial-plat line is how later buildings leave the dais.
Chapter 12 site-plan thresholds treat industrial buildings over 100,000 square feet as Major. The same table then says: industrial development of any size on a lot platted pursuant to an industrial site plan is Minor. Threshold math counts gross floor area plus 25 percent of any primary outdoor use — unless the lot is already platted that way.
“Industrial development” is defined as any use under the Industrial heading of Table 14. Computer and Data Processing sits in that heading. The classification is built in.
If the plat is approved, the sequence is short
- Record an industrial plat — the “lot platted pursuant to an industrial site plan” clause.
- Label the use Computer and Data Processing under Sec. 3-3.1 / Table 14.
- Stay inside Sec. 3-2.10 HI dimensions, or ask staff for the administrative height bump.
- File site plans as Minor on each platted lot instead of one 2.2-million-sf Major Council hearing on the whole campus.
- Keep Comp Plan Policy L6.1.12 in the staff report as consistency, not as a new vote.
What the code does not contain
There is no LDR definition that says Computer and Data Processing means a copy shop and does not mean a 100-MW hall. Sec. 2-3 sends undefined words to the dictionary. That silence is the opening. Tesoro’s PUD record already treated data centers as fitting the industrial / data-processing box. A by-right Silver Fox filing would cite the same line.
Wetlands, eagle buffers, stormwater, and Chapter 4 resource standards still apply. Those are not optional because the use is P. They do not, by themselves, reclassify the use.
SB 484 is available. It is not a rumor.
Signed May 7, 2026. Local-authority section effective that day. The rest effective July 1. The HI door still has to answer this statute.
CS/CS/SB 484 is Chapter 2026-65. The Governor’s signing statement said the law “ensures that local governments maintain the authority to reject data center development in their communities.” The enrolled text is narrower and still useful. Use the statute, not the press release.
| Piece | Citation | What it puts on the table |
|---|---|---|
| Local planning power | § 163.326, F.S. | Effective on becoming law (May 7). Local governments maintain authority to exercise comprehensive planning and land-development regulation with respect to large load customers. A large load customer may not be treated as an electric substation under § 163.3208. The substation shield is closed. |
| What “large-scale” means | § 373.203 | A data center is a facility that primarily contains electronic equipment used to process, store, and transmit digital information. A large-scale data center is a single location with an anticipated monthly peak load of 50 megawatts or more. |
| Water | § 373.262 | A water-management district or DEP may not issue a consumptive-use permit to a large-scale data center if the use would be harmful to the water resources of the area or is prohibited by the applicable local zoning regulations and comprehensive plan. A local prohibition has state-permit teeth. |
| Who pays for power | § 366.043 | Large load customers bear their full cost of service. Costs may not be shifted onto the general body of ratepayers. Public utilities file a complying tariff by October 1, 2026. Service to foreign-country-of-concern owners is barred. |
| Study | OPPAGA | Independent study of siting, water, energy, rates, health, and mitigation. Due to the Governor and the Legislature. The Village does not have to invent the research calendar from zero. |
How 484 meets the HI door
Table 14 still says P. Section 163.326 says the Village still owns the comprehensive-plan and LDR pen for large load customers. Section 373.262 says a local zoning or plan prohibition can stop the water permit. The missing piece in Indiantown’s code is the definition that would make “Computer and Data Processing” stop meaning a 50-megawatt hall. 484 does not write that definition for the Village. It confirms the Village may.
Two cautions belong on the same page. First, some county attorneys have read 484 as preserving regulation and denial of a specific application, not a permanent countywide ban written as a use prohibition with no study. Draft to the findings. Second, SB 180 (2025 hurricane-recovery restrictions on certain new moratoria and more-restrictive LDRs) is the statute the prior Village attorney cited against an administrative pause. That citation is why the current draft is being rewritten for lawsuit-proof language — not why 484 disappeared.
Twelve months to measure the pipes — not to bless the campus
The pause is not adopted. It is also not dead. The record is a rewrite after a 4–1, with infrastructure review as the stated purpose.
The ask on the street is a twelve-month pause on accepting, processing, or approving large-load / data-center applications so the Village can complete a comprehensive infrastructure review — water, power, roads, drainage, fire, and the governmental capacity to carry twelve million more square feet of roof. That is a study clock. It is not a yes.
| Date | What the record shows |
|---|---|
| Aug. 18, 2026 | Village election. Data centers were the focal issue. Three incumbents on the ballot lost. |
| Aug. 27, 2026 | New Council’s first meeting. Special meeting set to take up a one-year moratorium. |
| Sept. 2, 2026 | Council voted 4–1 against the draft pause as written. Directed new counsel to produce lawsuit-proof language. A Silver Fox 606 attorney threatened suit if the Village moved to pause. Manager Kryzda was removed the same night. |
| Sept. 8, 2026 | Treasure Coast Newspapers: the Council stopped short of approving a moratorium and still planned to dig into the issue, possibly as soon as Sept. 10. One property owner was already claiming an exemption. |
| Sept. 15, 2026 | This file. No adopted 12-month ordinance is on the record as of this writing. The effort is live. The HI door is still open until the pause is adopted or the LDR is amended. |
What the pause is for
Water firm yield and CUP posture under § 373.262. Firm megawatts and the § 366.043 tariff — who pays. Road and drainage capacity for construction and operations traffic. Fire and emergency load. Noise and heat at the nearest house. Whether Table 14’s “Computer and Data Processing” line should survive a 50-megawatt reading. Whether Chapter 12’s platted-lot minor-review line should survive a two-million-square-foot campus. Twelve months is the time to write those answers into the code so the next site plan is not argued from a dictionary.
Other Florida jurisdictions have already used a study-year. Nassau County adopted a 12-month pause on June 8, 2026, and stood up a fact-finding committee on environment, water, power, roads, tax, and how 484 bounds local regulation. Palmetto moved a one-year freeze in September 2026 on the same theory: the code has no data-center use, so stop the permits while the use is written. Indiantown is late to that calendar, not barred from it.
They have a use line. They do not have a definition.
The counter is an LDR amendment fight, not a claim that HI forbids the name.
Do not say they lack a use. Table 14 gives them one. Say this instead:
- Hyperscale is not in the definition. Define it — megawatts, square feet, generator capacity, water, hours of operation — and lock Major review to the campus, not the lot.
- A plat should not launder a two-million-square-foot load into a stack of minor permits.
- Policy L6.1.12 already requires protection of adjacent non-industrial property and a heavy-truck access plan. Ask whether a minor site plan on a platted lot still carries those findings in public.
- Sec. 3-2.10’s administrative height bump is written for ordinary industrial structures. Ask whether cooling halls and stacks are that class of structure.
The door, in one sentence
Table 14 “Computer and Data Processing” through Sec. 3-2.10 HI, using Chapter 12’s platted-lot minor-review line to keep later buildings off the Council dais — unless SB 484’s local-authority and water-permit teeth, and a 12-month infrastructure pause, close that sequence first.