Orange County Planning Commissioners are developing a checklist for the newly approved technology zoning district.
The district, which was approved last month via a zoning ordinance amendment, is intended to accommodate high-intensity technology-based uses including data centers, technology schools or colleges and technology research and development facilities. The technology district is part of an ongoing overhaul of the county’s zoning ordinance. Three uses in the district are allowed by special use permit (SUP)–on-site power generation, a public utility facility not including utility-scale solar and a telecommunications tower. Planning commissioners also revised the initial draft to add data centers to the list of uses requiring an SUP. Other changes made by the commission include not allowing the use of public water, groundwater or potable water.
The zone sets forth larger setbacks and buffers as well as height restrictions and sign regulations. It’s also a “floating zone” and isn’t tied to one particular area in the county, but rather would be obtained through a rezoning. Rezoning applications offer opportunities for public feedback through public hearings and are evaluated by both the planning commission and the board of supervisors which ultimately decides the application’s fate. Previously, data centers were allowed by right in industrial zoned areas, offering little to no board oversight.
During the board of supervisors’ public hearing on the district, several things that had been added by the planning commission were removed including quarterly utility usage reports; 1,000 feet setback from an occupied residence; 1,000 feet setback from streams and the Rapidan (the setback was kept for the Rapidan River, the other was reduced to 500 feet); and the 1,000 feet setback from state or federally designated historic districts (it was changed to be determined by the SUP). Some of these are now being added to a new checklist the commission is developing to use when or if an application for a rezoning is submitted.
“When working on the technology district, there were lots of good comments,” District 1 Planning Commissioner and supervisor-elect Jason Capelle said. “Rather than build everything into the ordinance, we can create a review list so if the county received an SUP application, there’s some record of comments the public gave and we can make sure we’re checking all the boxes.”
The commissioners discussed the idea of data centers utilizing their own nuclear reactors, a technology that is currently being developed and is backed by Google and Amazon. They also talked about powerlines and who would pay for them to be constructed and the issue of generators and their emissions.
“It’s about being mindful of what may be nearby,” Capelle said.
Other questions the commissioners talked about adding to a checklist include the idea of wastewater and how plants are cooled down, as well as local jobs and the proximity to historic districts.
One thing that seems to be handled is the idea of e-waste. Commissioners pointed out that the Orange County Landfill does not accept any type of e-waste.
The checklist is just a starting point. Capelle said as more comments come in and commissioners learn more, additional items could be added.
“None of us have seen a data center application,” District 3 Planning Commission Jordan Marshall said. “I think a lot of these questions are going to be a natural consequence of seeing an application. It’s a good list. We’ve spent a lot of time thinking of potential pitfalls. A lot of questions are going to be organic and happen [by] looking at the application. Having this as a set of guardrails is a move in the right direction.”
Capelle said the checklist may be a good process to duplicate for other application types the commission receives frequently.
“Things to start with,” he said.
