Goochland Nears Approval of Rezoning for Data Centers, Power Plants

Last week, the Goochland County Planning Commission voted to create a proposed technology overlay district (TOD) and technology zone, with some recommendations. These areas of zoning would incentivise companies, like data centers, to build within them and clear the way for peaker gas plants and small modular reactors to be built in the district.

A rendering of Amazon’s planned new fulfillment center in Goochland Count. (Photo courtesy of Amazon)

Many counties in the state have these specialized zones that are often already commercial or industrial use. They offer incentives to companies to build in those specific zones and often have additional rules for being set back from residential areas and other ordinances.

Goochland’s proposed district was advanced by the county planning commission in a 3-2 vote. The area would stretch for about five miles along Route 288.

The TOD is a controversial subject in the county. Hundreds of residents came to the two public hearings the planning commission hosted on the proposed ordinance and urged the board to reach out to counties where there is an abundance of data centers or where similar energy projects have been proposed.

Their main concerns are impacts on utilities, water use, fire hazards, sound and air and pollution.

“Small nuclear reactors and gas peaking plants do not belong anywhere near neighborhoods, schools and senior living facilities,” said Lawrence Frank, a resident of Goochland County.

The objective of creating the overlay district is to keep these types of developments away from residential areas by providing those incentives. Companies can still build outside of those areas if they so choose.

“Do I think Google and Amazon will choose to build a data center next to a neighborhood when they could choose a different property in the TOD where a retired couple won’t be sitting on their back deck all day with a dB app monitoring noise, then calling the sheriff and the local news station every time the noise limit is exceeded? I don’t,”  commissioner Guy Kimmerly said

Kimmerly ultimately voted against the proposed TOD because he felt it would allow agricultural land owners within the district to build data centers on their land. He suggested making the energy projects subject to conditional use permits that allows for more public input into the permitting process.

“I do agree with the fact that we do need to put the energy generating facilities in the CUP,” commissioner Dwain Cosby said. “That does give you the public the opportunity whenever there’s a CUP to (have public input).”

Data centers will still be able to be built in the TOD by-right, which means they can be permitted without discretionary review if it meets the requirements for the district.

Some key changes were approved in the board’s vote following public comment, which the Board of Supervisors will need to consider. Those changes include:

• Make energy generating facilities allowable only through a conditional use permit, both for primary and accessory uses.
• In the areas of the Technology Overlay District with current base zoning of A2 (agricultural), impose a 500- foot setback from residential property for a data center permitted by right and require conditional use permit approval for locating closer in those areas.
• Limit by-right maximum building height to 80 feet’ for structures located adjacent to residentially zoned property
• Reduce the decibel limits lower than currently proposed 65 dB in the day and 60 at night.

The Board of Supervisors is anticipated to vote on the proposal in the coming weeks.

by Shannon Heckt, Virginia Mercury

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