Connect with us

Local Government

After discussion following comments of ‘private citizen’ Darryl Merchant on Data Center ‘by right’ concerns, council appears to shift course – better late than never

Published

on

At its regular meeting of Monday evening, June 27, the Front Royal Town Council faced two issues with potential long-term consequences for the town’s future land use and utility infrastructure needs and costs. Those were public hearings on a Short-Term Rental Special Use Permit (SUP) request under the Town’s new ordinance guiding such quasi-commercial uses in Residential Districts; and on an Ordinance Amendment proposal that would allow Data Centers as a By Right use in Industrial-2 Districts.

In the first case, despite significant citizen and neighborhood opposition, countered by significant support, a 5-0 council majority (Gary Gillispie absent) decided to move forward with approval of the request within the new town ordinance guidelines. That approval was for Alexandria-based Bridget Scanlan’s SUP request for a maximum four-person Short-Term Tourist Rental at 108 Virginia Avenue at its three-way intersection with First Street.

Alexandria-based Short-Term Tourist Rental applicant Bridget Scanlan, who said she may retire to what is now her second home on Virginia Ave., assured council her plan is not to destroy the livability of the neighborhood.

However, on the second matter of allowing energy and water-gobbling Data Centers with a generally low job creation outlook as a “by-right” use rather than on a case-by-case Special Use Permitting review basis, council appeared to reverse its previously chosen course of action. After a first speaker in opposition to the “by-right” aspect of the ordinance proposal, followed by nearly unanimous council concurrence with that concern, council voted 5-0 to return the matter for additional review and re-advertisement for a vote on approval of Data Centers as an Industrial-2 District use by Special Use Permitting. We will focus on this second decision here while exploring the Short-Term Tourist Rental debate in a second story on Monday’s meeting.

The primary public hearing speaker was Darryl Merchant, who noted he was appearing as a private town citizen, not in his role as chairman of the town planning commission. But private citizen Merchant’s comments (beginning at the 1:37:15 mark of the below LINKED town video) echoed the recommendation of the planning commission, which was to require a Special Use Permit review of any Data Center application for a town industrially zoned location. Merchant began by commending the planning department staff for its background work in setting performance standards for Data Center reviews, adding, “I’m certainly not opposed to Data Centers other than I think it should be a special use and not a by-right use.”

Noting that Data Centers were currently a hot item on the economic development front across the commonwealth, Merchant noted that, unlike many established industrial-zone businesses, data centers were a relatively new and quickly evolving entity. He pointed to the generally huge size of the buildings – “They are massive both in square footage and in height” before moving to the utilities aspect: “Energy consumption is another concern we have. I know I’ve read some public comments from council regarding some of the electric blips (outages) that we’ve currently had; as well as water usage. You know water is a finite resource,” Merchant pointed out of the strain data centers can pose on a host municipality’s public utilities the entire community, industrial, commercial and residential, depend on.

Speaking as a town citizen, rather than in his role as chairman of the town planning commission, Darryl Merchant reiterated concerns about allowing data centers as a ‘by-right’ use in Industrial-2 Districts inside the town limits. Citizen Merchant, like the planning commission he chairs, believes the town and its citizens will be better served by a Special Use Permit requirement. Perhaps surprisingly considering the ordinance amendment forwarded to them for approval, it appeared council agreed with him.

He told council he believed the industry was taking steps to try and reduce that usage in the future, but cautioned that how successful those efforts would be is still an unknown. Merchant also observed that it was somewhat ironic the Town was placing Data Centers in the I-2 District with businesses generally providing a significant employment base for a community, while data centers generally provide a relatively small number of jobs for the local work force.

As to any fears that imposing the additional SUP review criteria might deter major players from considering Front Royal as a possible data center destination, Merchant pointed east. “You know Amazon just recently … submitted an application for a Warrenton site; and Warrenton does use the Special Use provision for approval,” he said in closing.

Having filed to run for a seat on council in November’s Special Election to fill the remaining two years of Scott Lloyd’s vacated term (current appointee Amber Morris filed to run in the three-seat general election), Tom Sayre followed Merchant to the podium for one of his three campaign, we mean public comment, trips to the podium. Sayre acknowledged his agreement with Merchant’s observations on the low employment numbers data centers provide. He estimated an average of 5 to 20 jobs, with 20 being a “high side” estimate, he observed. “So, I suggest you take a hard look at data centers,” Sayre concluded.

The public hearing completed, Vice-Mayor Lori Cockrell again chairing a meeting for absent Mayor Chris Holloway, put the matter to council. Amber Morris made an initial motion to “defer the item to a work session”. Cockrell seconded the motion, opening the matter for council discussion. Morris opened that discussion (at the 1:42:55 mark of linked video) noting a 20-year gap in council review of Industrial-zoned properties in town, calling them somewhat “random” in nature at this point. She also suggested not jumping the gun on major zoning decisions with the current Town Comprehensive Plan Review underway.

Once again Vice-Mayor Lori Cockrell chaired a meeting for an absent Mayor Holloway. Well, she may need the practice as the lone declared candidate for mayor in the November election.

In turn, Vice-Mayor Cockrell (video 1:44:08), Joseph McFadden (1:45:55), Zach Jackson (1:46:47) agreed with the planning commission and private-citizen Merchant suggested change to requiring Special Use Permit review for data center applications into I-2 zoned properties.

But with council poised to vote on Morris’s original motion to return the matter to council work session discussion, Assistant Town Attorney George Sonnett suggested more precise motion wording to forego the necessity of a second public hearing, with the advertised public hearing having been closed. Morris gave it another try, amending her original motion to defer a vote on the proposed ordinance amendment to the July 25 council meeting following discussion at a July 11 work session. With council again poised for a vote, McFadden, who had seconded Morris’s reworked motion, wondered at the necessity of a month’s delay on a vote.

Noting an apparent consensus on the change to requiring the SUP review for data center applications, why not just go ahead and vote on an amended motion requiring SUP review of data center applications, McFadden asked. Town Manager Steven Hicks replied that the additional time would allow staff additional time for a review of standards, which led Morris to point to the planning staff review and subsequent planning commission recommendations that had already been made. McFadden also worried that “if we kick it down two meetings … politics comes into play …” as to influence on council’s decision-making process.

But after a brief conversation with Assistant Town Attorney Sonnett, Town Manager Hicks informed council that due to the way the proposed ordinance amendment had been advertised as a vote on by-right approval, a newly worded proposal would have to be advertised for another public hearing anyway. With additional questions looming (1:52:20), Hicks elaborated that following council work session discussion, the staff recommendation would be that the ordinance amendment proposal be returned to the planning commission. Planning Director Lauren Kopishki noted that would likely throw the matter into August for council approval of an adjusted ordinance amendment on data centers.

Under the watchful eye of Finance Director B.J. Wilson, Planning Director Lauren Kopishke estimated that once returned to the planning commission for secondary review, final council consideration of an ordinance amendment on data centers requiring Special Use Permit approval would not come back to council for a vote before August.

So, Morris went again, withdrawing her earlier amended motion to be replaced by one reading “That council send back Public Hearing item 7-E, an Ordinance Amendment to Town Code Chapter 175 to add Data Centers to make this by Special Use Permit only.” That motion was approved by a 5-0 vote – and here we go again.

Click here to watch the Town Council meeting of June 27, 2022.

Front Royal, VA
55°
Clear
6:42 am5:10 pm EST
Feels like: 55°F
Wind: 1mph N
Humidity: 88%
Pressure: 30.18"Hg
UV index: 0
WedThuFri
77°F / 63°F
77°F / 55°F
72°F / 45°F
Local News2 hours ago

Blue Ridge Wildlife Center Patient of the Week: North American River Otter

Community Events2 hours ago

This Week’s Showtimes at Royal Cinemas as of November 5th

arrest logo
Arrest Logs2 hours ago

POLICE: 7 Day FRPD Arrest Report 11/2/2026

Local News3 hours ago

Front Royal Incumbents Lead Election Results as Warren County Rejects All Three Constitutional Amendments

Local News8 hours ago

Ever Wonder How Front Royal Runs? Citizens Academy Opens Applications for New Class

Obituaries10 hours ago

Mary Ann “Molly” Harrison (1939 – 2026)

Community Events12 hours ago

Master Gardeners Invite Public to November 14 Symposium on Birds, Native Plants, and Healthy Gardens

Scott's Turn14 hours ago

Why Some Small Towns Become Destinations (and Others Don’t)

Historically Speaking15 hours ago

Israel: Through World War I

State News15 hours ago

Virginia Report Reveals Major Gaps in Access to Career and Technical Education Courses, Credentials

Interesting Things to Know17 hours ago

You May Be Paying Too Much for Prescriptions: One Question at the Pharmacy Could Save You Money

Obituaries1 day ago

Fay G. Ingles (1937 – 2026)

Obituaries1 day ago

John McLane “Johnny” Cole (1943 – 2026)

Obituaries1 day ago

Joyce Ellen Meadows Powell (1947 – 2026)

Local News1 day ago

Oops All Berries Takes Spotlight in Virginia Breeders Fund “Day of Champions” Card at Shenandoah Downs 

Health1 day ago

Lung Cancer Often Has No Early Warning Signs: UVA Health Expert Urges Virginians to Get Screened

State News2 days ago

Virginia Governor Pledges Overhaul of Outdated K-12 School Funding Formula

National News2 days ago

Explosive Spending, Ugly Ads and Courtroom Battles Set Stage for Tense Midterm Elections

Interesting Things to Know2 days ago

Girl Scout Cookie Season Is Going to the Dogs in 2027

Opinion2 days ago

Rules for Me, But Not for Thee?

National News2 days ago

‘Medically Frail’ Medicaid Enrollees Won’t Have to Prove Their Inability to Work to Keep Coverage

Interesting Things to Know2 days ago

Ask Stewart: Why Is Front Royal a Tree City USA?

Interesting Things to Know3 days ago

A Fallen Tree in Washington, D.C., Becomes an Unlikely Memorial

Community Events3 days ago

Costumes, Candy and Community Spirit Fill Downtown Front Royal for Hometown Halloween

Local News3 days ago

Leslie Fox Keyser Elementary School Students Celebrate Heroes Day at the End of Red Ribbon Week