Several residents voiced concerns during last week’s Orange County Planning Commission Public Hearing on a proposed technology zoning district.
Earlier this spring, the Orange County Board of Supervisors passed a resolution to overhaul and amend the county’s zoning ordinance. The Berkley Group was retained to assist in the work with anticipated completion taking approximately 12-18 months. As part of the process, individual zoning districts are being discussed and worked on. The technology zoning district is one of those.
The district, which is being proposed through 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. Three uses would also be 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 being proposed for 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. Currently, data centers are allowed by right in industrial zoned areas, offering little to no board oversight.
During the public hearing, several residents voiced their thoughts, opinions and concerns regarding the proposed district.
Richard Robinson said when he first saw the draft, he was horrified that data centers didn’t require an SUP. He said changing that calmed many of his fears. He added that it would be naive to think any development wouldn’t use water and suggest the county implement the Sierra Club’s recommendation that data centers produce quarterly utility use reports.
Pam Jaske said the idea of having a floating zone is a bit alarming, noting it could cause there to be data centers scattered throughout the county. She questioned how the development would get water and electricity.
Bill Frazier agreed, suggesting there be a countywide maximum amount of acreage that would be placed in the technology zoning district.
Don McCown with the Piedmont Environmental Council (PEC) said the planning commission was considering the right questions and on the right track. However, he voiced concerns over the “floating zone” concept saying it could allow developers to request any parcel of land be rezoned into the district. Like others, he voiced support for an acreage cap.
Matthew Randall, who has spent more than a decade working on generators at data centers, encouraged the planning commission to think about residents and where the data centers are placed. He also said nearly every job on a data center development project is contracted through non-local companies.
Russ Tice, a certified data center professional and Orange County resident, suggested commissioners think about how the center will be cooled and the three to five year refresh in which equipment is tossed and replaced, leading to possible toxic waste in the landfill.
District 1 Planning Commissioner Jason Capelle said he is all for keeping Orange rural and feels like the zoning district is a way to do that.
District Three Planning Commissioner Jordan Marshall said the commission has given a lot of thought to a potential district that would alleviate and mitigate concerns and while he understands there are fears about the district, in reality the county could have data centers today or tomorrow on industrial sites without any of the safeguards in the proposed district.
District 5 Planning Commissioner Frank DiPasquale agreed.
“We’re vulnerable right now,” he said. “We’re exposed right now. Someone could build a data center without any of the provisions in this draft.”
Commissioners recommended the proposed technology zoning district for approval by the board of supervisors with several additions. They added a 1,000 foot setback from an occupied residence and in a state or federally designated historic district. They also added a phrase requiring the water service plan to include information on the disposal of wastewater and quarterly utility reports that will be published for public review.
“I’m acutely, passionately interested in keeping Orange County rural,” Capelle said. “I believe this could be a step in actually realizing that. That’s why I believe this is an important document. It also keeps up from becoming northern Virginia and making the mistakes they’ve made.”
The board of supervisors will hold a public hearing on the proposed technology zoning district Dec. 16. Information on the proposed district can be viewed online at https://orangecountyva.gov/1214/ZTA-25-02-Technology-T-Zoning-District.
