Supervisors appear reluctant to forward Data Centers as a by-right use regardless of zoning amendment creating new Light Industrial District

Following a detailed presentation by County Planning Director Matt Wendling on the procedural requirements for authorizing the development of Data Centers in Industrial or Light Industrially zoned areas either by-right or by individual Conditional Use Permit (CUP) approval, on Tuesday, October 4, the Warren County Board of Supervisors authorized advertisement for an October 25th public hearing on a zoning amendment on the new zoning district and uses within it.

However, despite Wendling’s overview of the reasoning behind the planning commission’s cited 3-1 recommendation* of approval of a Zoning Text Amendment allowing Data Centers as a by-right use in the Light Industrial District the zoning amendment would create, a board majority appeared reluctant to pursue that recommendation. All four supervisors present – Happy Creek District’s Jay Butler was absent from the 9 a.m. meeting – expressed some concern over a blanket by-right designation, particularly regarding Data Centers.

While Planning Director Wendling cited “more flexibility in marketing”, the elimination of one public hearing in the approval process by eliminating Conditional Use Permitting, and consistency with planned Town Council zoning parameters, citing personal or constituent concerns the board majority indicated a preference for the extra scrutiny that additional permitting would allow. North River Supervisor Delores Oates pointed to constituent concerns about power grid and water usage variables connected to Data Centers, which it has also been pointed out do not generally create many jobs for the local job market.

Supervisors push back on a planning commission recommendation that Data Centers be allowed as a by-right use in a newly created Light Industrial Zoning District, as below, Planning Director Matt Wendling, at podium, listens along with Deputy County Administrator Taryn Logan, seated front row.

“So, it concerns me that this elected body, who is elected to represent the people, would have no say in that final determination. That concerns me a lot,” Oates said in response to the rationale for the by-right designation.

Board Chair Cheryl Cullers of the South River District added, “I never want to take the short route … I’m willing to be here as long as it takes to do this … the by-right bothers me. We wouldn’t even have the final say. And what these building would do or produce or anything like that, it concerns me that by-right they could do it if it’s within parameters without any input from this board.”

Shenandoah District Supervisor Walt Mabe concurred, saying of too broad a by-right zoning code, “That’s not the way I see our government working because we’re protecting our community, and we’re protecting our power grid and water sources, and all things that are necessary to keep things on an even keel …”

Fork District Supervisor Vicky Cook questioned the relatively long list of proposed by-right uses accompanying Data Centers in the new Light Industrial District. “So, are we concerned about by-right use for only Data Centers or are we worried about by-right for the list of these businesses,” Cook asked. “Any and all,” County Administrator Ed Daley responded of the Zoning Text Amendment before them for authorization for public hearing and final board approval.

Responding to a question from Supervisor Vicky Cook, County Administrator Ed Daley, left, noted that all terms of the proposed Zoning Text Amendment are on the table for the supervisors to approve or reject following a public hearing now scheduled for an Oct. 25 Special Meeting starting at 6 p.m.

So, in the wake of Mabe’s motion to authorize the matter for public hearing, seconded by Cook, and approved by a 4-0 voice vote, the public will have a chance to weigh in during the Zoning Text Amendment Public Hearing slated for a 6 p.m. October 25th Special Meeting called to help the board wade through other pending public hearings.

The only other action item on Tuesday morning’s agenda was consideration of a 12-item Consent Agenda. That agenda, included authorization to advertise seven other Conditional Use Permit applications, five of those for short-term tourist rentals and two for private-use camping.

Another Consent Agenda item was approval of a Memorandum of Agreement (MOA) with the Town of Front Royal and Discover Front Royal as a co-created 501-C6 non-profit organization for “Destination Marketing Services” promoting tourism for town and county destinations. Other matters approved on the Consent Agenda were authorization of a refund request for an erroneous tax assessment involving Warren Memorial Hospital; use of the courthouse grounds for the Veterans Day event hosted by American Legion Post 53; setting of a meeting schedule for preparation for the Fiscal Year-2023-24 County budget, as well as preliminary work towards the FY-2024/25 budget; an amendment to the sale of County-owned property at 30 East Jackson Street extending the closing date on the $240,000 sale to Blue Ridge Information Systems to “no later than November 30, 2022 to secure a survey of the property.”

At 10 a.m. the supervisors adjourned to a Closed/Executive Session discussion of EDA-related litigations, the recovery of EDA assets, and possible liabilities and indebtedness of the FR-WC EDA (aka WC EDA). A second item, the potential sale of property, was added to the motion into Closed Session. Nothing was announced and no action taken out of that closed session.

FOOTNOTE: Planning Director Wendling explained that the County Planning Commission vote recommending forwarding approval of the Zoning Text Amendment as presented was 3-0 with one abstention due to a potential conflict of interest, but that the abstention was considered a negative vote in bringing the recommendation forward.