City Planning Commission Recommends Denial of Proposed Data Center Overlay District
Commissioners seemed uncomfortable with their decision, no matter which way they voted.
By Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
Email Adele
The Fredericksburg Planning Commission is recommending that City Council not move forward with the creation of a technology overlay district that would allow data centers as a by-right use.
The 4-to-3 vote came at the end of a five-plus-hour meeting during which commissioners agreed on a slew of amendments to the ordinance establishing the overlay district.
The amendments would have stipulated that noise levels stay below certain decibel levels when measured from anywhere on the property or from any point on an adjacent property; that there be no new or expanded groundwater intakes; that there be no additional water discharge other than to the city’s public works system; that no accessory use be permitted to draw or collect well or surface water for cooling; that building height be limited to two stories and 70 feet; and that developers must purchase clean energy through renewable energy power purchase agreements—among others.
Despite agreeing on these amendments, a slim majority of commissioners didn’t feel comfortable recommending that City Council adopt the ordinance and zoning map amendments establishing the overlay district.
The commissioners—even the three who supported recommending that council move forward with the overlay district—expressed discomfort and anxiety about being tasked with crafting an ordinance that protects the interests of the city and its residents within the “aggressive” timeline requested by council and the landowner.
“It’s pretty clear that council wants to move forward with a by-right entitlement,” said David Durham, who along with Joseph Winterer and Susanna Finn wanted to recommend approval of the ordinance. “Frankly, I don’t understand why we are doing it this way [as a by-right use instead of requiring a special use permit] when there’s no other locality that does. But we are bound to provide [council] with a recommendation that is the best ordinance for a by-right entitlement. This is the tradeoff for the developer getting a by-right entitlement—they should be subject to more strict regulations.”
Commissioner Mary-Margaret Marshall said she questioned whether any developer would want to continue with a project in the area of the proposed overlay district—250-some acres in Celebrate Virginia South, the majority owned by entities of the Silver Companies—with so many restrictions.
“I think we’re getting really, really specific,” she said. “I think we’re going to lose potential clients, which is a loss of financial revenue.”
Commissioner Carey Whitehead said she “appreciates that we had this detailed discussion.”
“I think there is value in recommending what this ordinance should look like,” she said. “Notwithstanding that, there still could be value in a special use permit.”
Whitehead acknowledged that members of the public have expressed a desire for transparency regarding how much water and electricity a data center in that location would use—information that either isn’t yet available or hasn’t been made public.
Staff said they have a meeting with Dominion and the landowner scheduled for February 21.
If City Council agrees with the Planning Commission’s recommendation against creating a technology overlay district, data center use would be permitted in Celebrate Virginia South by special use permit only, and only in areas that are zoned for planned development-commercial, staff said.
City Council can either vote to follow the Planning Commission’s recommendation or not.
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