The future of data center development in Fairfax County remains in limbo after the Board of Supervisors voted unanimously last night (Tuesday) to delay their decision on a contentious zoning amendment another two weeks.
The supervisors said they needed more time to consider the input provided by 65 residents, attorneys, environmental activists and other community members during a public hearing that lasted nearly five hours.
The board will now vote at its next meeting on July 30 on an amendment that would require special exceptions for data centers in commercial and medium industrial zones and prohibit them in Planned Residential Community (PRC) districts.
“We heard a lot of things tonight…and to me, it would be a disservice to those who testified to try to act on this at this point,” Board Chairman Jeff McKay said after closing the public hearing. “It allows every member of this board to absorb the testimony, ask additional questions of our staff that we may think of over the next couple of days, and come back for a decision in two weeks when our board meets again.”
The public hearing, which started around 4 p.m. and ended shortly before 9 p.m., saw many residents call for stricter regulations to protect their neighborhoods, preserve green spaces and reduce carbon emissions. They also pleaded with supervisors to increase the minimum distance between data centers, residential areas, and Metro stations.
In their original proposal, county staff suggested a minimum distance of 200 feet between data centers and residential neighborhoods, with an option to extend it to 500 feet.
Some speakers advocated for 500 feet and others proposed 1,000 feet, but there was a general consensus at the hearing that a 200-foot setback is too short.
“I can easily toss, toss a ball from the backyard and hit a data center 200 feet away,” Ridges at Edsall Homeowners Association President Tim Pendergrass said. “Data centers with their noise, lights, pollution, emissions and visual blight do not belong 200 feet away from where children play and residents live and sleep.”
Last month, the Fairfax County Planning Commission recommended adding language to extend the minimum distance from Metro stops for data centers from half a mile to a full mile and require a 500-foot setback for unenclosed ground-level equipment.
Another recurring theme at the hearing was the demand that every data center developer apply for a special exception, enabling residents to provide input on each application. Although the proposed zoning revisions curtail development in several commercial and light to medium industrial districts, they will still allow data centers by-right in heavy industrial districts.
Daniel Ben-Chitrit, who lives in Springfield’s Bren Pointe townhomes near a Plaza 500 data center proposed in a heavy industrial district, said he supports data center development, but he feels it would be unwise to trust developers to consider community concerns about projects near residential areas.
“I also work in cybersecurity, and I’ve seen what happened with limited regulations. Breaches happen,” he said. “Things like that happen because companies are not in it to protect people. They are in it for profit. They are for-profit businesses. They are going to do what’s in the best interest of their shareholders, of the people that are going to make money off of it, and so, without additional regulations, there will be issues.”
Attorneys representing data center developers asked the board to grandfather in certain provisions to protect pending data center applications that might be affected by the zoning amendments, saying failing to do so would deter future investment in the county from data centers and other sectors.
“If the perception is that any controversial project could lead to zoning amendments to wipe out already expended capital, that is a concern for us, not just with respect to data center development, but frankly, any development in the county,” said Mike Van Atta, a senior land use planner at Richmond-based law firm McGuireWoods LLP.
A few speakers highlighted the economic potential of data centers to raise tax revenue and create more jobs.
Concerned about the potential economic impact of the new regulations, Chantilly resident George Landrith said he believes data centers offer the county an opportunity to diversify its tax base amid increasing revenue constraints.
“I’m somewhat concerned about the county’s proposed rules and regulations, because they seem…to make [data center development] more difficult to establish, and that strikes me as unwise and unhelpful policy,” he said.
Deborah Harvey, executive director of the Manassas-based nonprofit Heavy Construction Contractors Association, said limiting data center development could affect hundreds of jobs for construction and maintenance. She cited a U.S. Chamber of Commerce report that found data centers bring, on average, 1,688 construction jobs and generate $9.9 million in revenue for state and local government.
Following the public hearing, Sully District Supervisor Kathy Smith asked county staff to add language in the zoning ordinance allowing site plans approved or accepted by July 16, 2024, to be reviewed under the current rules before the next meeting on July 30.
However, any site plans accepted after July 16 would be subject to the new regulations, if they’re adopted.
