Henrico Board of Supervisors to consider adoption of stricter data center regulations June 10

The Henrico County Board of Supervisors will consider adoption of data center regulations at its June 10 meeting that would require any hyperscale data center proposed in the county to obtain a provisional use permit – a process that requires a public hearing.

The move would represent a major shift in the county's approach to data center development following nearly a decade of efforts to attract them. Some county officials had grown concerned in recent months as large-scale data center proposals popped up on sites where those officials hadn't envisioned them (closer to residential communities, for example).

Current zoning regulations permit such hyperscale data centers to locate by-right on land parcels zoned for certain office, business, office/service and industrial uses – meaning that as long as developers meet the criteria required by those zoning classifications, those projects can proceed even if supervisors or other county officials object to them.

But the zoning ordinance amendment that supervisors are expected to adopt Tuesday would remove those possibilities, eliminating all by-right development options for hyperscale data centers and subjecting all such proposals to the public hearing process.

An initial proposal endorsed May 15 by the Henrico Planning Commission, during a joint meeting with supervisors, would have allowed such facilities to continue locating by right only within a designated area generally encompassing the White Oak Technology Park in Sandston – where several large data centers already operate and rezoning approval has been granted on land that could spawn a dozen or so others.

But the board requested an updated proposal that would eliminate that option, too.

The proposed amendments would not impact smaller proposed accessory data centers – those that exist to support a larger business location – as long as they meet certain conditions, including housing within their physical structures all the equipment needed for ventilating, cooling and operating the facilities. Those facilities would continue to be permitted by-right within the applicable zoning classifications.

The board also will consider an alternate amendment to its Comprehensive Plan that would establish four goals, nine objectives and seven development guidelines for future data center development in the county. The top goal: that data center development will include "a focus on respecting existing residential development."

Other goals include a desire for data center proposals to:

• have adequate utilities available prior to, or provided in conjunction with, their development;

• include shared access for "uses developed in a coordinated plan spanning large parcels" as a way to maximize screening opportunities along roads and adjacent to existing development;

• include coordinated provision of pedestrian and bicycle facilities.

During the board's 4 p.m. work session June 10 in the County Manager's Conference Room in the Administration Building at the Henrico County Government Center, supervisors will hear updates from the Central Virginia Incident Management Team and hold a closed meeting with the county attorney.

At 6 p.m., the board will hold its public meeting in the Board of Supervisors Room at the government center.

In addition to considering the data center regulations, the board also will hear several rezoning proposals involving:

• a proposed warehouse in the Varina District;

• a proposed trade school in the Tuckahoe District;

• a request from a restaurant in the Tuckahoe District to keep its patio that was installed during the COVID pandemic.

Two additional proposals, for single-family residential developments in the Three Chopt and Brookland districts, are likely to be deferred at the requests of the developers.

Members of the public who wish to attend the 6 p.m. meeting in person or via livestream can find more information on the Henrico County website.