Fairfax County's New Data Center Regulations Approved, Bren Mar Neighbors Respond

FAIRFAX COUNTY, VA — After hours of public testimony on data centers, the Fairfax County Board of Supervisors approved a zoning ordinance amendment with stricter data center standards on Tuesday. However, one Fairfax County neighborhood west of Alexandria city limits raised concerns that the new standards won't apply to a pending data center proposal near homes.

Data centers are already permitted in various commercial and industrial zoning districts in Fairfax County, but the board approval updates regulations related to proximity to residential areas, noise and building design. Chairman Jeff McKay (D-At-Large) had first requested a review on data centers last year in response to rapid data center growth in Loudoun and Prince William counties.

According to the county, the goal of the zoning update is "to better manage the location and operation of these facilities as demand for data centers increases." Data centers are seen as one potential source of revenue for the county, while opponents say data centers present environmental and quality of life disturbances to nearby residents.

Under the new guidelines, data center buildings must be at least 200 feet from the lot line of a residential district or property, and equipment like back-up generators must be 300 away. That applies to by-right data centers in zoning districts where they are permitted. Special exception approval would be required for closer distances.

The county is also requiring new data centers to be at least one mile from a Metro station, pre-construction and post-construction noise studies, and building design elements to boost visual appeal of data centers. Another guideline requires equipment to be enclosed or screened by a wall or barrier to mitigate noise and visual impacts in districts where data centers are permitted.

However, the approved motion means the new standards won't apply to applications the county has accepted for review as of July 16.

The new regulations maintain size limits on by-right data centers and add a size limit in the I-4 zoning district. Larger data center developments require a special exception approval, except in the I-5 and I-6 zoning districts.

The only supervisors to vote against the proposal were Supervisors Andres Jimenez (D-Mason) and Walter Alcorn (D-Hunter Mill). The two supervisors offered an amendment to make the new standards apply to data center applications with pending site plans. That includes the Plaza 500 application that has drawn opposition from the Bren Mar community in Jimenez's district near the City of Alexandria.

"While I support the intent of the direction of the ordinance, there are additional steps that I believe should be taken," said Jimenez. "Although this is a countywide ordinance, my focus is on the unique challenges Mason District residents are facing. These added measures would be critical in addressing concerns specific to our community and ensuring that future developments align with the standards that we need to maintain the quality of life that our residents deserve."

McKay spoke against the amendment, saying it would affect plans that were already pending.

"When we write a zoning ordinance, we shouldn't be writing a zoning ordinance based on an application," said McKay. "We should be writing a zoning ordinance based on what is in the best interest of the county to apply to future actions that could be taken."

The chairman noted four data center proposals have pending site plans and said the Dulles Gateway and McLaren data center proposals meet the new standards. According to McKay, Starwood's 500 data center proposal meets all standards except for distance from Metro — being 0.6 miles from a Metro station rather than 1 mile set in the new standards. He noted it meets setback standards with intent to have the building 250 feet from residences and the generator 390 feet from residents.

The Save Bren Mar Coalition, which has been opposing the Plaza 500 data center proposal for two years, blasted the decision to leave out the pending Plaza 500 application.

"The so-called protections passed tonight puts Fairfax County’s standards behind other Northern Virginia jurisdictions in nearly every way," said Tyler Ray of the Save Bren Mar Coalition in a statement. "A minuscule 200 ft. set back from residents, preserving by-right data center development that denies residents even a public hearing, and weakening what their own Planning Commission unanimously recommended for the distance of harmful noise generating equipment, including generators."