Overlap Between Categories for Data Center and Technology Business Emerges at County Planning Commission Meeting

Could a proposed hyperscale facility be intended to do things that are already described as by-right uses in Warren County’s ordinance? A public presentation at a County Planning Commission meeting from Kevin Cuddeback, Front Royal citizen and a member of the Town’s Board of Architectural Review, inspired the Royal Examiner to take a closer look at Section 180-28(B)(18) of the code.

The County Planning Commission met for a work session and a regular meeting on June 10. Royal Examiner Photo Credits: Brenden McHugh

The context for this moment was an evening dedicated largely to the ongoing community concern about data centers. Prior to the regular meeting, the commissioners held a work session in which they discussed the fruits of their research and how it has prepared them to think about regulating the use. Later, they heard from more than 10 citizens about the dangers of data centers and the existential threat they pose to the region.

Planning Director Kelly Wahl and County Attorney Jason Ham.

According to Cuddeback, applicants may be shooting themselves in the foot by applying for a “data center” use. The phrase “data center” has meant various things in the past, currently has a unique meaning, and will likely mean something different in the future. The focus should be on what the applicant is offering and the intensity of the practice, particularly the demands it will place on water and electricity. A “technology business” approach, on the other hand, is permitted in Warren County’s ordinance with a provision, in the industrial zone’s statement of intent, for “appropriate screening” and to “not adversely affect nearby properties”.

During public presentations, Mark Egger (above) spoke against the Dillon Rule argument about data centers while Kevin Cuddeback (below) emphasized the overlap between the proposed data center category and the existing technology business category.

If indeed the computing industry can deliver products, like content development and telecommunications, without being deadly or simply obnoxious, the list of by right, technology business uses under Section 180-28(B)(18) is worth looking at more than once. Appropriately screened to avoid adversely affecting nearby properties, these by-right, technology business uses could meet the needs that “data centers” have historically struggled to meet without being deadly, obnoxious, or operating in a poorly defined grey zone. The community discussion should focus on thresholds, insofar as any practice, regardless of its name, may exceed the community’s preparedness to accommodate it.

The commissioners went on to table a request for a waiver of setback requirements at 0 John Marshall Highway until traffic impact analysis can be rendered; they gave affirmative resolutions to allow staff to proceed with the task of bringing the code on manufactured homes and accessory dwelling units into conformity with recent state bills; and the evening ended with congratulations to Kelly Wahl on becoming the long-term planning director, who notified them that a substation developer has withdrawn the request for a comprehensive plan review per that project, and will therefore not be developing at the site they had previously considered. In passing the consent agenda, they authorized the text amendment for data centers for advertising.

Watch the Warren County Planning Commission Meeting of June 10, 2026.