Although owners have a right to develop their land, there are guidelines that are designed to protect residents and surrounding areas when considering rezoning to accommodate more intensive uses. These are detailed in the Comprehensive Plan:
“Land Unit H is planned for industrial, research and development, and industrial/flex uses at an intensity up to a maximum of 0.35 FAR.”
“to protect existing residential areas from the encroachment of commercial development”
Appendix 12, “Noise, light and other environmental impacts should be examined to ensure that surrounding uses are not negatively impacted by this higher intensity.”
Area III: "• The use is of a size and scale that will not adversely impact the character of the area in which it is located; and • The use is designed to mitigate impacts on the water quality of the Occoquan Reservoir."
The County:
is prioritizing the applicant’s profits (bigger profit from larger data center) over the negative impacts to surrounding areas by data center/warehouse.
is not waiting for requested year-end report on impacts of data centers and their proper siting.
is dismissing guidelines to protect residents and surrounding areas from encroachment of commercial uses and negative impacts of higher intensity industrial uses. Once the land is rezoned to the heavier industrial I-5 district, near this environmentally sensitive area, there is no going back.
-------FINAL DECISION
THANK YOU to all who provided testimony, and countless time and money to oppose this rezoning. We were not successful but we showed we will not back down and will continue our efforts to stop the over industrialization of the Sully district.
Although clear, factual evidence was presented to the Board of Supervisors, the rezoning to a more industrial district and allowing a special exception to build the tallest data center in Fairfax and Loudoun counties was approved by the Board of Supervisors on January 23, 2024 in a vote of 8 to 1 with 1 Supervisor (Alcorn) absent. (application RZ 2022-SU-00019 / SE 2022-SU-00038)
Putting profits before people, the Board has sent a clear signal that the area character, the noise, the environment and the area business and residents are not important. Although the massive data center is preferred, the warehouse option is still viable. The revenue from the warehouse would only be $330,000 per year.
Mega Data Center: a data center that employs 50 people (on or off site) that may qualify for millions in tax exemptions from Virginia.
High-cube Parcel Warehouse: stores goods like a warehouse but also functions as a high volume delivery center (think, Amazon).
See Fact Sheet for details.
Board of Supervisor's Public Hearing video starting at 4:19:49.
Signed Proffers updated January 16, 2024 - added requirement for Tier IV generators and performing noise tests in case HVACs are installed in phases.
-----------LAND PARCEL HISTORY
The land was originally zoned I-3 for light industrial (low rise buildings dedicated to clean industry) until, during the pandemic in July 2020, part of it was rezoned to C-8 and I-5 to allow for an auto dealership with a maintenance shed that would have serviced the auto park.
Penzance purchased the land in August 2022, adding it to its Penzance Real Estate Fund II - a $345.5 million private investment portfolio as "Chantilly Premier" for the sole purpose of getting the county to rezone two parcels (one a C-8 district where data centers/warehouses are not allowed) to I-5 to allow for construction of a 110-foot tall (unprecedented, tallest in Fairfax County with over 130 noisy rooftop exhaust fans/air handlers and 27 diesel generators storing 148,500 gallons of flammable diesel fuel and toxic diesel exhaust fluid), 402,000 SF data center or a 150,000 SF high-cube parcel warehouse with increased, noisy semi-truck traffic, routing trucks off Route 50 onto Pleasant Valley Rd and Lafayette Center Dr. within 220 yards of Pleasant Valley homes, to return to the only entrance on Eastbound Rt 50. Both options have issues with noise pollution, air pollution and other negative environmental and quality of life / property value impacts.
The applicant would you to believe the data center or warehouse are more environmentally friendly that the car dealership but the The required new substation, large amounts of diesel fuel, noise and air pollution, from the data center or warehouse are environmentally worse than the currently approved dealership.
Opposition
Sully District Council Resolution - recommends denial "in the strongest possible terms"
Virginia Run HOA - "strongly oppose this application"
498 Letters of Opposition were delivered to Board of Supervisors on September 22.
Acoustician, Professor Braxton Boren, expert video testimony
Application Information
PDCREF 2 Chantilly LLC, is requesting a rezoning (RZ 2022-SU-00019) to the I-5 District and a Special Exception (SE 2022-SU-00038) for increased height and Floor Area Ratio (FAR).
PDCREF 2 Chantilly Premier LLC Generalized Development Plan/Special Exception Plat 8-11-2023 (original GDP 5-15-2023)
Final Signed Proffers 01-16-2024
(prior: Signed Proffers 10-19-2023,
9-14-2023redlined, 9-6-2023, 6-13-2023 and 5-12-2023)
Staff Report 6-14-2023 and 9-7-2023 Addendum
Contact Information
Please reference "Oppose RZ 2022-SU-00019 / SE 2022-SU-00038" in the subject of emails you may send to the county. See Sample Letters page.
plancom@fairfaxcounty.gov 703-324-2865 - Planning Commissioners who will hear the case and make recommendations to the BOS.
clerktothebos@fairfaxcounty.gov 703-324-3151 - Clerk to the Board of Supervisors (BOS), ask to forward to all Supervisors
emma.estes@fairfaxcounty.gov - Emma Estes Zoning Evaluator assigned to the case
cspv@theshangs.com - questions regarding this website or to receive email updates on this issue
The applicant, PDCREF 2 Chantilly LLC, is requesting a rezoning (RZ 2022-SU-00019) to the I-5 District and a Special Exception (SE 2022-SU-00038) for increased height and Floor Area Ratio (FAR), and there are two options for proposed development. The first option is a data center containing 402,000 square feet at a height of 110 feet (includes rooftop HVAC cooling systems) and FAR of 0.8. The second option is a warehouse containing 150,000 square feet at a height of 55 feet and FAR of 0.3 (there is no increase in height or FAR for the second option).
For more details on noise, electricity, water, traffic, etc. see the Q&A from the May 15, 2023 meeting. See the Contacts section below to email your concerns
How far is the property from Pleasant Valley?
According to the applicant, the distance from Pleasant Valley to the center of the 12 acre applicant property from the closest residence in Pleasant Valley is approximately 2395 feet (0.45 of a mile).
How tall is it?
At 110 feet tall (10 stories), it would be the tallest data center in Fairfax County. The tallest building in our area is the Hampton Inn at 75 feet. The extra 35 feet for the data center is incongruent with the surrounding area and inappropriate adjacent to a Resource Protection Area.
How will the construction and/or the final build affect the Pleasant Valley community?
There will be nearly two years of construction traffic and noise regardless of whether a data center or a "high-cube parcel hub" warehouse gets built.
The larger the data center, the more noise it will generate because it will need more rooftop cooling systems and diesel generators. There are no other data centers within Northern Virginia that are currently operational at the height and size specified in this application, so the vibrations and noise from such a facility could negatively impact the pool and its membership, the residents and pets in the community, etc., especially those closest on General Stevens Ct. and Cub Run Rd, as well as those at the higher elevations on Bannon Hill Ct., Louis Mill Dr., Silas Hutchinson Rd, etc. (The applicant's noise study did not take the higher elevations of homes in Pleasant Valley into account).
Any negative impacts can result in a loss of homeowner property values.
Will the data center generate noise?
The larger the data center the more rooftop HVAC cooling systems and diesel generators are needed. The cooling systems will operate 24/7 and the generators will run approximately 4 hours per week during the day. There are no other data centers within Northern Virginia that are currently operational at the height and size specified in this application, so the vibrations and noise are estimated. The applicant provided a daytime noise study (nighttime noise study not provided) on the continuous noise which they expect to reach 50 decibels (you can measure that with a Sound Level Meter phone app) during peak operating hours (HVACs and generators). See the Noise section of the Q&A from the May 15, 2023 meeting for more details.
The continuous noise ordinance specified in Fairfax County Code 108.1-4-1, is a $1000 (thousand dollar) fine, however, "civil penalties provision shall not apply to noise generation in connection with business being performed on industrially zoned property" and the code exempts generator maintenance. The Applicant Noise Study demonstrates that during generator maintenance the noise level can exceed the ordinance.
What about electricity?
Data centers require a lot of power, so a substation and transmission lines supported by approximately 130 foot poles will need to be built and right-of-way acquired. Rate payers pay for this expansion. The location of the substation has yet to be determined by Dominion Energy. This requires a separate process and public hearing. See the Electricity section of the Q&A from the May 15, 2023 meeting for more details.
Why does the applicant want it rezoned?
The rezoning to I-5 is desirable to developers of data centers because it allows flexibility for greater height and, unlike the I-3 district, there are no requirements for data centers in the I-5 district to mitigate: noise, air, water, visual impacts, etc. even though the lack of requirements violates I-5's regulation.
If the rezoning of the C-8 and I-5 parcels to all I-5 is denied, the applicant still has prior approval to build a car dealership, but if the applicant does not desire that then a data center is not allowed in the C-8 portion and the small, 6-acre, I-5 portion would be less desirable for data centers.
If the rezoning is approved, the applicant must receive approval of the special exception (SE) to build a 110 foot tall (which will be 40 to 50 feet above the tree tops), 402,000 SF data center with an increased 0.8 Floor to Area Ratio (FAR). If the SE is not approved (which the applicant believes it will be if the rezoning is approved), then the applicant can repetition to build a by-right 75-foot tall data center with a 0.5 FAR in the newly rezoned I-5 property.
If the SE is approved, then either a large data center or a large warehouse (presentation lists a "high-cube parcel hub" warehouse) can be built.
What about water/sewer?
The EPA has classified the Cub Run Stream as “impaired” which ultimately feeds into the Occoquan . Any additional runoff from impervious surface could endanger it and our water supply further. There will be a stormwater pond with outflow to Cub Run and there are no plans to mitigate saline in the waste water. See the Water/Sewer section of the Q&A from the May 15, 2023 meeting for more details.
The applicant is proposing a 150,000 SF High Cube Parcel Hub warehouse as an alternative toe the data center; what is a High Cube Parcel Hub warehouse?
A Parcel Hub is a type of High Cube Warehouse (HCW) and its typical function is as a regional and local freight-forwarder facility for time-sensitive shipments via air freight and ground (e.g., UPS, FedEx, USPS, Amazon); site often includes truck maintenance, wash, or fueling facilities and is often a stand-alone facility in close proximity to an airport.
What about air pollution?
Diesel generators, required by data centers, pollute the air but are required to adhere to air quality standards which the data center must monitor.
Diesel trucks also pollute the air, especially with a concentrated, higher volume of trucks. The California South Coast Air Quality Management District adopted a regulation requiring that warehouses of 100,000 square feet or more must take measures to reduce the health impact of trucks as well as other diesel-gasoline powered vehicles. The Socioeconomic Impact Assessment for this regulation noted that emissions from a warehouse of 100,000 square feet or more can affect the health of those living 0.5- to 2.0-miles distant.
How does the process work?
Please see the county's response to clarifications on the process: Process Clarifications in the Documents and Resources section below.
Since the land has to be rezoned, we can be part of the process which means we can voice our concerns or objections, especially anything that violates the I-5 regulation that "Uses must minimize noise, smoke, glare, and other environmental pollutants on the uses within the district and on neighboring areas."
Sully District Council resolution recommends denial - The SDC's resolution recommended denial of both the warehouse and the data center options "in the strongest possible terms".
White Paper on Effects of Data Center Noise on the Pleasant Valley neighborhood - Expert witness and Acoustician, Professor Braxton Boren details the negative effects on the Pleasant Valley community of the constant 24/7 low-frequency noise emitted from the proposed data center. Provided to the Board of Supervisors and Planning Commissioners and the Data Center Work Group for inclusion in their report.
Acoustician, Professor Braxton Boren, expert video testimony - presented at the September 20th PC hearing and sent to the Board of Supervisors and Data Center Work Group for inclusion in their report.
Issues with Application - handout from July 27th Supervisor Kathy Smith meeting (corrected for auto park building heights)
Issues that County departments have raised that are being dismissed.
Applicant responses to questions posed by community member, Jim Hart. Applicant responses are in red.
2023-07-19 Virtual Community Meeting - presentation to community
Fact Sheet: Data Centers Growth Unsustainable
HOA Roundtable - their mission is "Protecting our residential communities, schools and parks from industrialization by multi-national data center operators."
Truck Routes - provided by the applicant and calls for trucks to make a left from Rt. 50 onto Pleasant Valley Rd (very congested turning lanes in the AM) then loop through the quiet, narrow streets of the Lafayette Business Park. The latest ITE Trip Generation states "the first page of land use 156 does specify that it “underwent specialized consideration through a commissioned study titled ‘High Cube Warehouse Vehicle Trip Generation Analysis’ confirms the warehouse would generate hundreds of truck per day.
Mega Data Center / Warehouse - Issues and Concerns, updated 6/30/2023
MWAA Letter 6/27/23 - raises concerns about the height regarding airport operations. (Note: the soil is not suited for a 40' tall building let along a 110' tall one so exceeding the height is a real possibility).
Questions and Answers provided by Fairfax County Staff on June 15th (after cancelled meeting with Supervisor Smith) with comments from Pleasant Valley residents.
Applicant Sound Modeling Report this 8-14-2023 report differs from the previous May 25, 2023 Applicant Sound/Noise Modeling Report as it now includes the 27 diesel generators BUT it uses "enhanced sound enclosures" yet the proffers require only that the residential area not exceed 50 dBA during normal operations and 60 dBA during generator operations, with no way for citizens to prove it when they exceed those limits and does not consider the frequency in Hertz or the octave spectra.
Fairfax County Tallest Data Centers - this application's data center will be the tallest in Fairfax County to date.
Comprehensive Plan, Land Unit H - see pages 116 through 118
Legal Notice - only those homes closest to the applicant property received notification.
USGS Elevation Change - from Applicant property to approximate top of Pleasant Valley Community.
Process Clarifications - County's response to clarifications on the process.
Questions and Answers from May 15, 2023 Sully District Council meeting with the applicant and county staff regarding RZ 2022-SU-00019 / SE 2022-SU-00038. Updated 5/23/23 regarding question 4 of the Warehouse Options section.
Applicant Presentation from May 15, 2023 meeting, June 19 Applicant Presentation, July 27, Kathy Smith meeting, Applicant presentation.
May, 3, 2023 USDA Soil Report - shows area in question (RZ 2022-SU-00019) is unfavorable for building even a 3-story building (approx. 40 feet tall, according to USDA).
EPA Waterbody Report - The EPA has given the Cub Run Stream an “impaired” rating meaning that our waterways are already impacted, and by creating more impervious surfaces, the waterways will only continue to degenerate, as the EPA directly cites run-off as a large contributor to the stream pollution.