Supervisors vote to move forward with data center zoning changes

By Katie Northcott

The Loudoun County Board of Supervisors continued discussions about data center re-zoning at a public hearing on Feb. 12.

The Board of Supervisors began discussions about changing data center zoning ordinances in the spring of 2022. At its Feb. 6, 2024, business meeting, the Board approved the project plan for a joint Comprehensive Plan Amendment (CPAM) and Zoning Ordinance Amendment (ZOAM). The project plan split the project into two phases. The Data Center Standards and Locations CPAM and ZOAM are part of phase one. On Dec. 12, 2024, the Loudoun County Planning Commission recommended denial of these amendments.

The amendments would make it more difficult for developers to obtain approval for new data centers. Data centers would be designated as a conditional use in three place types where they are currently a core use and as a special exception use in three place types where they are currently a permitted use by-right.

“I don’t think this is what the supervisors wanted. We told them, but they’re going to do it the way they want to do it,” said Commissioner Ad Barnes (Leesburg) at the Dec. 12 meeting.

You can read more about the Planning Commission meeting here: Planning Commission recommends denial of zoning changes – Blue Ridge Leader

At the Feb. 12 Board of Supervisors public hearing, public comments on the data center rezoning opened with statements from six of the seven mayors in Loudoun County. All six mayors spoke in favor of the amendments though Round Hill Mayor Scott Ramsey cautioned the Board that it has proceeded too quickly.

“While I definitely agree with the outcome the Board is seeking on this initiative, I have observed, yet again, that the Board has been favoring a very specific outcome on a very tight deadline,” Ramsey said. “And this is really before a full public process and really before engagement with the Planning Commission.”

Public comments continued for about an hour after the mayors finished speaking and featured mixed sentiments from the Loudoun County community. Some residents discouraged the Board from passing the amendments, emphasizing the job opportunities and economic gain that the data center industry has brought to Loudoun County. These residents were concerned that the amendments would drive data center developers away from Loudoun County. Other residents encouraged the Board to pass the amendments to address concerns about impacts on residential neighborhoods.

Vice Chair Michael Turner (D-Ashburn) made a motion to forward the amendments to the Board’s Mar. 18 business meeting and made a motion to direct staff to present a draft of a grandfathering resolution at the Board’s Mar. 4 business meeting. Turner said that requiring data center developers to obtain a special exception from the Board would allow the supervisors to approve data center development on a case-by-case basis.

“We don’t want to disapprove all data centers. We don’t want to approve all data centers,” Turner said. “We want to be able to see all data center applications to make our own determination whether or not we think that data center, under those circumstances, in that location, is the right choice for the county.”

Most of the supervisors agreed with Turner. However, Supervisors Kristen Umstattd (D-Leesburg) and Caleb Kershner (R-Catoctin) raised objections. Umstattd echoed Ramsey’s concerns and expressed concerns that these amendments would negatively impact business in Loudoun County.

“I have been increasingly uncomfortable with the fact that we are singling out one industry and targeting that industry to put limits on it in a way that we don’t do with any other industry or any residential development,” Umstattd said. “The fact that the Planning Commission clearly felt that they were being forced to make a decision that they felt they needed more time to fully investigate makes me uncomfortable with the direction that this motion is taking this board.”

Addressing the public, Kershner expressed concerns that the Board could be sued if it took power concerns into consideration.

“You’re basically asking us to break the law when you come and you talk about power. We can’t take that into consideration,” Kershner said. “Quite frankly, I’m concerned we, as a board, are going to get sued.”

Chair Phyllis Randall (D-At Large) said that she was unconcerned about the Board being sued. Supervisor Koran Saines (D-Sterling) accused his colleagues of fear mongering in regard to comments warning of possible loss of business in Loudoun County.

The supervisors passed the motion to move the amendments forward for action at the Board’s Mar. 18 business meeting with a vote of 6-2-1. Kershner and Umstattd opposed the motion, and Supervisor Matthew Letourneau (R-Dulles) was absent from the dais.

After the amendments were forwarded, discussion turned to whether the Board should consider a grandfathering resolution. The resolution would allow developers that had already gotten data centers approved to continue building the data centers without going back to obtain a special exception. Staff reported that at least 36 pipeline data centers would be significantly affected if the Board did not pass a grandfathering resolution.

The supervisors balked at the idea of passing a resolution, but Umstattd pointed out that the resolution was not being passed in this motion.

“We are not passing a grandfathering resolution tonight. We are simply sending this to the Mar. 4 date with parameters,” Umstattd said. “If we don’t indicate support for some form of grandfathering, we’re leaving people who’ve been hanging with significant investments and a great deal of uncertainty, now.”

Randall encouraged the supervisors to pass the motion so that they could learn more about grandfathering at the Mar. 4 meeting.

The supervisors passed a motion requiring staff to present options for a draft of a grandfathering resolution with a vote of 7-1-1. Supervisor Juli Briskman (D-Algonkian) opposed the motion, and Supervisor Letourneau was absent.