EMAIL ACTION: To Board of Supervisors BY September 8, 2024
Due to a clerical error, the Board of Supervisors will be re-hearing testimony for the proposed Data Center Zoning Ordinance Amendment on Sept 10th. A special Route 28 tax improvement district allows by-right data centers in areas surrounding Pleasant Valley, extending from Centreville to Herndon, to be built DOUBLE the size of anywhere else in the county, exceeding the Zoning Ordinance. Please email the letter below before the hearing (by Sept 8th) - we need everyone to keep encouraging the Supervisors to use the Special Exception process and eliminate by-right data centers or everything we accomplished with Cahntilly Premier mega data center will be for naught.
Click here for copy of the letter below in docx format.
EMAIL TO:
sully@fairfaxcounty.gov; chairman@fairfaxcounty.gov; mason@fairfaxcounty.gov; braddock@fairfaxcounty.gov; dranesville@fairfaxcounty.gov; huntermill@fairfaxcounty.gov; franconia@fairfaxcounty.gov; mtvernon@fairfaxcounty.gov; providence@fairfaxcounty.gov; springfield@fairfaxcounty.gov; clerktothebos@fairfaxcounty.gov
If you use Yahoo you may need to replace the above semi-colons with commas.
OR MAIL TO: Board of Supervisors, 12000 Government Center Parkway, Suite 552, Fairfax, VA 22035
SUBJECT:
Why Special Exceptions are needed for Data Centers
COPY THE FOLLOWING TO THE BODY OF YOUR EMAIL AND ADD YOUR NAME AND ADDRESS AT THE END:
Dear Supervisor Smith and District Supervisors -
First a clarification: Development conditions, like the ones for Chantilly Premier data center (e.g. Tier 4 generators), would be applicable even if it had been just a Special Exception (SE) – the concurrent rezoning meant the conditions were called proffers (which are longer lived as they stay with the land) vs conditions of that application.
Car Washes, ATMs and Gas Stations require the Special Exception process, even in I-5. Subsection 4102.1.F(1) of the Zoning Ordinance states the SE process is appropriate for uses “which by their nature or design can have an undue impact upon or be incompatible with other uses of land.” With 217 million SQFT of I-5/I-6 land available, the huge impacts of 75-foot tall data centers with footprints of 3 to 10 football fields, required substations, and generators storing hundreds of thousands of gallons of diesel fuel, on neighborhoods, schools, environmental resources, and infrastructure, make the SE process the only way to mitigate those impacts – not to stop the development, but to make it better.
Fairfax County has over 9 million SQFT of data centers existing or approved as of August 2024 with 2.3 million in site plan review. That is already one-third the 30 million square feet of data centers Loudoun has (https://biz.loudoun.gov/key-business-sectors/data-centers/) and Fairfax is 25% smaller than Loudoun with more than double the population.
By denying the importance of the Special Exception process, you are telling us we don’t matter. You are telling us you are not interested in protecting us, especially those in/near the Rt 28 Tax district where data centers can be built double the size of anywhere else in the county, where the Special Exception can offset the unfairness of the 1.0 FAR. The impacts of by-right development becomes even more concerning as Loudoun County’s Board of Supervisors, on July 2, 2024, approved its intent to amend its Zoning Ordinance to “Designate data centers as a Special Exception use in all zoning districts where they are currently permitted by right”.
Please find a way, even if it means size limits, to allow the Special Exception process to occur in the I-5/6 districts.
Respectfully,
In Herndon, Chantilly, and Centreville, data centers are allowed to be built double the size of anywhere else in the county, even larger than Loudoun county. Residents and schools adjacent to the over 100 million square feet available for this data center alley over which 9 million SF earmarked in the last 3 years, its numerous substations and miles of high-voltage transmission lines, are at a disadvantage. The County’s January Data Center Report and the Zoning Amendment Staff Report acknowledge that only the Special Exception process can mitigate the negative impacts. How are by-right data centers that can be built double the size without any notice to residents or the opportunity to mitigate the impacts, fair to those of us living in this area of the county? The Special Exception process proved to be a valuable tool with the Chantilly Premier data center so can you please help us understand why you are opposed to it?
Why do you oppose allowing notice to neighbors and an opportunity to speak at a public hearing, for data center applications in heavy industrial districts, particularly on sites adjacent to residential neighborhoods?
Do you believe that data centers in heavy industrial districts have a lesser impact on adjacent residential neighborhoods than data centers in other zoning districts? How are those impacts on the neighbors any different?
Fairfax County is in a nonattainment area for air pollution, and has publicized its adoption of a robust plan (CECAP) for addressing climate change and energy consumption. But data centers consume enormous quantities of electricity and water, and the diesel generators contribute significantly to particulate pollution levels. How is the staff proposal for allowing data centers as a by right use, with no public hearings or development conditions mitigating environmental impacts, consistent with CECAP objectives?
The County has reported being supportive of the additional tax revenue from data centers. But has the County determined the cost to public health and the environment from additional data centers and associated substations and transmission lines, and their impacts on air pollution, electric and water consumption, and property values?
A special Route 28 tax improvement district allows by-right* data centers in areas surrounding Pleasant Valley, extending from Centreville to Herndon, to be built DOUBLE the size of anywhere else in the county, exceeding the Zoning Ordinance. There is already one under review at Stonecroft Blvd and Pepsi Ln and a waiver request (WAIV-2024-00287) 913,000 SQFT data center and substation within 1300 feet of Pleasant Valley. TAKE ACTION! We MUST speak up now and insist on the Special Exception process for all data centers before the Board votes on September 10th. Please send the letter below (or write your own - see IDEAS section below) to the Board of Supervisors as soon as possible but no later than September 8th. It only takes a few seconds but not speaking up can affect our lives and our property values for years to come.
*by-right are indicated as “permitted” uses which do not allow for public input and also by-pass the guidelines, and area character, of the Comprehensive Plan.
Click here for copy of the letter below in docx format. Visit the Bren Mar community website https://sites.google.com/view/savebrenmar/home for other sample emails.
EMAIL TO:
sully@fairfaxcounty.gov; chairman@fairfaxcounty.gov; mason@fairfaxcounty.gov; braddock@fairfaxcounty.gov; dranesville@fairfaxcounty.gov; huntermill@fairfaxcounty.gov; franconia@fairfaxcounty.gov; mtvernon@fairfaxcounty.gov; providence@fairfaxcounty.gov; springfield@fairfaxcounty.gov; clerktothebos@fairfaxcounty.gov
If you use Yahoo you may need to replace the above semi-colons with commas.
OR MAIL TO: Board of Supervisors, 12000 Government Center Parkway, Suite 552, Fairfax, VA 22035
SUBJECT:
Important Considerations for Data Center Zoning Amendment
COPY THE FOLLOWING TO THE BODY OF YOUR EMAIL AND ADD YOUR NAME AND ADDRESS AT THE END:
To All Board of Supervisors -
The Route 28 Tax District permits industrial uses to a Floor Area Ratio of 1.0 vs. 0.5 meaning data centers can be built by-right DOUBLE the size in the Rt. 28 Tax District than anywhere else in the county. While we agree with most recommendations of the Planning Commission, a 200-foot setback from residential is insufficient for such enormous data centers. As data centers cluster near Pleasant Valley (WAIV-2024-00287: combining lots for 913,000 SQFT by-right data center / substation campus) and the Meadows of Chantilly Mobile Home community (proposed by-right 7-story data center 50 feet away), we are asking for protection for us and the environment:
Require the Special Exception process for I-5 districts, especially where data centers are clustering and can be allowed by-right DOUBLE the size, are near residential, or require a substation
We are being unfairly denied a say in data center development when it is clustering here and double the size. The Zoning Ordinance cannot protect us but the Special Exception gives us and the county a fighting chance.
The Chantilly Premier Special Exception (SE 2022-SU-00038) resulted in better noise and water mitigation and for the least air polluting diesel generators, Tier 4. This is especially important in the Rt 28 Tax District where data centers are clustering and, even though Tier 4 diesel generators have been around since 2014, the newest data centers are still installing old, more polluting Tier 2 diesel generators NOT Tier 4 (e.g. AWS Virginia Mallory Dr, Chantilly: 2022 DEQ Air Permit Application and the 2023 DEQ Annual Update Report – up to 69 diesel generators and all are/will be Tier 2)
Expand the residential and school setback to 2,640 ft. (1/2 mile) with generators locating at the farthest point from residential
Consider additional setback requirements based on relevant factors such as building size, data center height, land topography, generator location and ability to enclose mechanical equipment.
Preserve language that the new rules apply to site plan applications not yet approved, especially near low-income communities
A by-right application to build a massive 70-foot tall data center with a noisy, air polluting diesel generator yard the length of a football field and loading dock, 50 feet from residents of the Meadows of Chantilly Mobile Home community, is in review. The expedited process has overlooked proffers and bypassed the Comprehensive Plan that protects this low-income community. This is an example of why Special Exceptions are important and why in-progress, by-right applications should be subject to any new regulations.
Respectfully,
EMAIL ACTION REQUESTED BY JUNE 2, 2024
The Proposed Data Center Zoning Ordinance Amendment is now in the hands of the Planning Commissioners and they can request changes but they must hear from you! A sample letter is below. You can use it or create your own - it can be as simple as “Please require a Special Exception for data centers in all permitted districts (as recommended by the January 9, 2024 Data Center Report and Recommendations, page 19) and a minimum of ½ mile from residential”., but we must weigh in by June 2nd. Note: A Special Exception requires the guidance ot the Comprehensive Plan (by-right data centers skip this step). Click here for copy of this letter in docx format.
Visit the Bren Mar community website https://sites.google.com/view/savebrenmar/home for other sample emails.
SEND TO PLANNING COMMISSIONERS AND BOARD OF SUPERVISORS BY JUNE 2nd: Plancom@fairfaxcounty.gov; ClerktotheBOS@fairfaxcounty.gov
(some users may need to separate the emails with a comma instead of a semi-colon)
COPY THIS TO THE SUBJECT: Recommendations on Proposed Data Center Zoning Ordinance Amendment
COPY THE FOLLOWING TO THE BODY AND ADD YOUR NAME AND ADDRESS AT THE END:
To all Planning Commissioners and all Board of Supervisors:
As a resident, I feel that, although the May 17, 2024 Staff Report has some welcome changes, it has fallen short of the January 9, 2024 Data Center Report and Recommendations to “require SE approval for data centers, regardless of size, in the C-3, C-4, and I-2 through I-6 Districts”.
To honor the promise Chairman McKay made to hold data centers to the “highest standards we can possibly foresee” and to give citizens and the county a fighting chance, we request the following three (3) changes and additional follow on motions (supporting details follow):
Require a Special Exception for data centers in all permitted districts (as recommended by the January 9, 2024 Data Center Report and Recommendations, page 19).
Loudoun County is proposing a Special Exception in all permitted districts.
The only way to require air or water quality mitigation or protections, stricter noise regulations, or set electrical limits is through the Special Exception process.
Electrical consumption is a better measure of impact than building size and by-right data centers rob the County and Electrical providers of the ability to plan and forecast electricity needs.
Require ½ mile setback from residential (the same setback recommended for metro).
Many “messy” I-5 districts are adjacent to residential.
Loudoun County’s 200-foot setback was adopted a decade ago at the request of data center industry representatives.
The 200-foot setback is arbitrary and insufficient.
Require noise monitoring (after operations begin) over a minimum of 5 years or any time new noise generating equipment is added.
Especially important in the areas where data centers are concentrating.
Other jurisdictions and data center applications require continuous noise monitoring.
Follow-on motions:
Comprehensive Plan: Update the Glossary definition of INFRASTRUCTURE to include “electricity”.
Comprehensive Plan: Encourage Air Quality and Water quality monitoring and mitigation.
Noise Ordinance: Modify the Noise Ordinance to measure continuous low-frequency noise in dB(C) or a 42 dB(A) limit at residential boundaries.
Other: Request DEQ to install additional Fairfax County air quality monitoring stations, especially in areas where data centers will be concentrated.
Supporting details:
Contrary to the January 2024 Data Center Report and Recommendations, Fairfax County’s website’s July 31, 2018 article Coresite Realty's New Reston Data Center Approved Under New Policy to Attract More Centers to Fairfax states, “In Fairfax County, there are at least 43 data centers occupying about 2.5 million square feet of space, according to the county’s Economic Development Authority.” The Sully District has: 4.7 million square feet of data centers approved (but not yet operational) since 2021 (the highest concentration in the county), has the highest concentration of by-right data center use districts, and Route 28 to Route 50 West is becoming the location of Fairfax’s own “Data Center Alley”. We citizens need a voice.
Require a Special Exception for data centers in all permitted districts (as recommended by the January 9, 2024 Data Center Report and Recommendations, page 19).
Loudoun County is proposing a Special Exception in all permitted districts as part of its Zoning Ordinance changes this year. https://www.loudoun.gov/5990/Data-Center-Standards-Locations
The only way to require air or water quality mitigation or protections, stricter noise regulations, or set electrical limits is through the Special Exception process, as confirmed by the May 17, 2024 Staff Report. A prime example is the January 16, 2024 SE 2022-SU-0038/RZ 2022-SU-00019 PDCREF2 Chantilly Premier Proffers, most notably, 27 through 35: https://plus.fairfaxcounty.gov/CitizenAccess/urlrouting.ashx?type=1001&ID1=REC22&ID2=00000&ID3=00GHV&agency=FFX&SeqNo=3932931)
Electrical consumption is a better measure of impact than building size and by-right data centers rob the County and Electrical providers of the ability to plan and forecast electricity needs. Staff confirmed there is no prohibition “on requesting information about energy usage”. Data Centers use an unprecedented amount of electricity, the technology is rapidly changing and electrical requirements are increasing (e.g. AI requires more power). What may have fit into at 80,000 SQFT data center at 12 MW may now need 60 MW which results in more cooling challenges impacting noise and water and an increased strain on the electrical grid. Because electric providers are required by law to provide power, Virginia is now the leader is electrical consumption by data centers (https://www.visualcapitalist.com/cp/top-data-center-markets/). Dominion Energy and NOVEC admit they cannot meet the current data center electrical demand without continuing to use Coal and other polluting power plants. In addition, the county has yet to realize any tax benefits, or an understanding of residential and environmental impacts, from the 4.7 millions square feet of data centers approved in the Sully district since 2021, and won’t for years since several new substations are needed. For example, the AWS Virginia Mallory buildings are still awaiting the construction of 2 new substations and transmission lines (Dominion Energy project: Aviator to Takeoff).
Equipment unable to be fully enclosed must require a Special Exception, rather than Director LDS approval. The Special Exception process has proven to be the only mechanism for the county to obtain the necessary proffers to protect residents, so the inability to fully enclose noise generating equipment should trigger the Special Exception process.
By-right data centers by-pass the Comprehensive Plan and are incongruent with surrounding areas. For example, Land Unit H recommends a 0.35 F.A.R. but I-5 can be built to 0.5 F.A.R., resulting in massive industrial buildings that are incongruent with the surrounding area. (e.g. AWS Virginia Mallory).
Require ½ mile setback from residential (the same setback recommended for metro)
Many “messy” I-5 districts are adjacent to residential. What the county likes to refer to as the “messiest” industrial districts ignores the history of upzoning to those districts and the fact that Fairfax County’s Zoning Viewer confirms many I-5 districts are adjacent to residential neighborhoods. As data centers congregate, the cumulative impacts are not being addressed.
Loudoun County’s 200-foot setback was adopted a decade ago at the request of data center industry representatives. The setback was requested by representatives of the data center industry and adopted after a November 13, 2013 hearing when data centers were vastly different than they are today. https://www.loudoun.gov/DocumentCenter/View/99067/Item-01-ZOAM-2013-0003-Data-Center?bidId=
The 200-foot setback is arbitrary and insufficient. The uses described in the Staff report (a barn for livestock, a crematorium, or extraction activity) as a reason for the 200-foot setback, do not generate a 24/7 continuous low-frequency noise. The Staff Report also fails to mention other types of uses that “have impacts on adjacent residential property.” For example, Sawmilling (ZO 4102.7.N), which requires a set back of 400 ft. from a residential district. The Chantilly Premier noise study, modeled on enhanced, upgraded noise mitigation, demonstrates that in order for noise from this data center to be below the nighttime standard of 55 dBA, the required range is approximately 1000 feet. https://plus.fairfaxcounty.gov/CitizenAccess/urlrouting.ashx?type=1001&ID1=REC22&ID2=00000&ID3=00GHV&agency=FFX&SeqNo=3451577
Require noise monitoring (after operations begin) over a minimum of 5 years or any time new noise generating equipment is added.
Especially important in the areas where data centers are concentrating, notably along Route 50 between Route 28 and the Loudoun County border.
Other jurisdictions and data center applications require continuous noise monitoring. Chandler, AZ has implemented common sense changes such as requiring continuous noise monitoring and publishing generator testing schedules. https://www.chandleraz.gov/news-center/chandlers-data-center-ordinance-now-effect. PDCREF2 Chantilly Premier, proffers 29d, commits to noise monitoring after each addition of noise generating equipment: https://plus.fairfaxcounty.gov/CitizenAccess/urlrouting.ashx?type=1001&ID1=REC22&ID2=00000&ID3=00GHV&agency=FFX&SeqNo=3932931.
In addition, we request the following follow-on motions:
Comprehensive Plan:
Update the Glossary definition of INFRASTRUCTURE to include “electricity”. The examples in the “Such systems include” sentence are being used as a complete list when analyzing Appendix 12 Guidelines For Higher Intensity. Electricity is a vital infrastructure and must be included. Data Centers use an unprecedented amount of electricity, and with Artificial Intelligence (AI), the need only increases. Proper planning and forecasting cannot be accomplished without considering the electrical needs of each data center.
Encourage Air Quality and Water quality monitoring and mitigation. (e.g. https://plus.fairfaxcounty.gov/CitizenAccess/urlrouting.ashx?type=1001&ID1=REC22&ID2=00000&ID3=00GHV&agency=FFX&SeqNo=3932931 proffers 31 and 35d)
Noise Ordinance: Modify the Noise Ordinance to measure continuous low-frequency noise in dB(C) or a 42 dB(A) limit at residential boundaries. NYC changed their measuring scale away from dB(A) to dB(C) for low-frequency noise and limits air conditioning systems (including industrial rooftop systems) to “42 decibels"..."at an open door or window of a nearby residence”. https://www.nyc.gov/assets/dep/downloads/pdf/air/noise/noise-code-guide-summary.pdf. Chantilly Premier’s Noise Study demonstrates “40 - 42 dBA at the residential area” can be achieved https://plus.fairfaxcounty.gov/CitizenAccess/urlrouting.ashx?type=1001&ID1=REC22&ID2=00000&ID3=00GHV&agency=FFX&SeqNo=3451577
Other: Request DEQ to install additional Fairfax County air quality monitoring stations, especially in areas where data centers will be concentrated; specifically in the Rt 50 corridor between Rt 28 and the Loudoun County border.
Respectfully,
[YOUR NAME AND ADDRESS]
EMAIL ACTION REQUESTED BY Friday, May 17, 2024
The County is fast tracking a Data Center Zoning Ordinance Amendment. We must provide feedback to the process to protect Pleasant Valley. A sample letter is below. You can use it or create your own, but we must weigh in now. Once it goes to the Planning Commissioners it will be harder to make changes. Click here to view the current draft of the Amendment. Click here to see Summary comments on draft proposal.
SEND TO STAFF and PLANNING COMMISSIONERS: ffx-data-centers@PublicInput.com; Plancom@fairfaxcounty.gov; ClerktotheBOS@fairfaxcounty.gov
COPY THIS TO THE SUBJECT: Feedback on Data Center Zoning Ordinance Amendment
COPY THIS TO THE BODY AND ADD YOUR NAME AND ADDRESS AFTER THE FIRST PARAGRAPH:
As a Fairfax County resident, I urge you to consider Chairman McKay’s January 23, 2024 promise that data centers will be done at the “highest standards we can possibly foresee”. The Data Center Zoning Ordinance Amendment (DCZOA) has some welcome changes (i.e. required noise studies, post-construction testing, and equipment enclosures), but falls short of the Chairman’s promise, especially for the I-5 district. Please consider the SE 2022-SU-0038 Chantilly Premier Proffers as an example of how a Special Exception process can accomplish valuable compromise. I respectfully request that the County implement the below modifications to the DCZOA.
Sincerely,
[YOUR NAME]
[YOUR ADDRESS]
REQUESTED MODIFICATIONS (details follow):
1. If the County is unable to require Special Exception approval for all data centers, then a data center building, regardless of whether the building will be newly constructed or repurposed, shall require a Special Exception approval if one of the following is found to be true:
1.1. the building exceeds 40,000 SQFT in the C-3 or C-4 districts or 80,000 SQFT in any industrial district,
1.2. the building requires more than 12 MegaWatts of electricity,
1.3. the construction of a substation (i.e. process 2232) is required,
1.4. the equipment is unable to be fully enclosed.
2. A data center building shall be a minimum of 2,640 feet (½ mile) from any residential boundary.
3. Require/incentivize a 45 dB(A) limit at residential boundaries, especially where multiple data centers are within 2,640 feet (½ mile) from any residential boundary.
4. Require noise monitoring (after operations begin) over a minimum of 5 years or any time new noise generating equipment is added.
5. Require/incentivize LEED-DC Gold (or better) certification, installing the least impactful / highest standard equipment, such as Tier 4 generators, especially where data centers are clustered.
6. Require/incentivize monitoring of sodium discharges into the water, and monitoring of air quality.
7. Require architectural renderings for all data center buildings, not just those going through the Special Exception process.
Some modifications may only be possible through a Special Exception or incentives, and considering the rapidly changing technology and that the county already has over 7 million SQFT of data centers (more than half of which are not yet operational, meaning the impacts are unknown), we strongly urge the county to require a Special Exception for every data center, regardless of size or district. Below are supporting details and recommended solutions for the Requested Modifications above.
DETAILS OF REQUESTED MODIFICATIONS:
1. If the County is unable to require Special Exception approval for all data centers, then a data center building, regardless of whether the building will be newly constructed or repurposed, shall require a Special Exception approval if one of the following is found to be true:
1.1. the building exceeds 40,000 SQFT in the C-3 or C-4 districts or 80,000 SQFT in any industrial district,
Fairfax County has many residential districts that are adjacent to or within a few hundred feet of I-5 districts, (e.g. Pleasant Valley, Chantilly Meadow Mobile Home Park, etc). Those residents should not suffer from this very unique and rapidly changing industry and should be afforded the same protections that this Amendment is striving for.
1.2. the building requires more than 12 MegaWatts of electricity,
Per Commissioner Daren Shumate, May 3, 2023 PC Hearing, [timestamp 41:45] “when they want a data center, they want 100 MegaWatts, they don’t want 12 MegaWatts”. The technology is rapidly changing and electrical requirements are increasing (e.g. AI requires more power). The County is not prohibited from requesting the electrical load requirement. What may have fit into at 80,000 SQFT data center at 12 MW may now need 60 MW which results in more cooling challenges impacting noise and water and an increased strain on the electrical grid, which other states are starting to recognize. If the County is not willing to request electrical load information, then please consider:
extrapolating it from the number of generators detailed in the request for on-site storage of Hazardous and Toxic substances (for example, if ten (10), 3-MW generators are needed then the required load would be 10 x 3 MW = 30 MW), or
requiring Dominion or NOVEC to consult with the county first on their ability to provide power for any data center application.
1.3. the construction of a substation (i.e. process 2232) is required,
The construction of substations and transmission lines allow for land acquisition through eminent domain and the clearing of protected areas. For example, three AWS data centers on Route 50 westbound are waiting for the approval and completion of two new substations: Aviator and TakeOff. Connecting the two through transmission lines, Dominion Energy estimates 5.6 to 5.8 acres of the Resource Protection Area (RPA) north of Route 50 will need to be cleared. Prince William County resident (video timestamp 1:38) laments, “my 10 acres of land are at risk of being divided in half by transmission lines” and many areas including historic Waterford, are having to defend against transmission line routes.
By-right data centers strip electric providers of the ability to plan and forecast electricity needs. West Virginia, Pennsylvania and Maryland are also feeling the effects of losing some of their land to transmission lines for data centers in Virginia.
Both Dominion Energy and NOVEC admit they cannot meet the current data center electrical demand without continuing to use Coal and other polluting power plants. Approved data centers are having to wait years before they can received the electricity they need to function. In addition, the data centers are not paying for the infrastructure that they alone require – we are.
1.4. the equipment is unable to be fully enclosed.
Any data center equipment (e.g. HVACs, generators, cooling towers, etc) that cannot be fully enclosed will have an impact that should not be left as an administrative decision. The Special Exception process has proven to be the only mechanism for the county to obtain the necessary proffers to protect residents, so the inability to fully enclose the required equipment should trigger the Special Exception process.
2. A data center building shall be a minimum of 2,640 feet (½ mile) from any residential boundary.
The low-frequency noise from cooling and backup equipment travels very far. Residents within 3 miles of the True North data center in Leesburg complained of the noise after it began operation in early 2023 using the latest noise mitigation techniques. Data centers have a tendency to cluster together, increasing the cumulative noise level, and are also going vertical so ½ mile provides a better noise and visual buffer.
3. Require/incentivize a 45 dB(A) limit at residential boundaries, especially where multiple data centers are within 2,640 feet (½ mile) from any residential boundary.
Noise is cumulative and the county Noise Ordinance is insufficient as the dB(A) scale masks low-frequency noise. The Chantilly Premier Proffers “Maximum Exterior Noise” state it will not “exceed 50 dBA [at the residential boundary] during periods of typical operation inclusive of all constantly operating equipment”. The Chantilly Premier noise study, modeled on upgraded noise mitigation, demonstrates that in order for noise to be below the nighttime standard of 55 dBA, the required range is about 1000 feet, which is why a greater setback for residential is needed, especially when data centers are concentrated in one area. Noise is so problematic that some localities, such as NYC have changed their measuring scale away from dB(A) to dB(C) for low-frequency noise and limit air conditioning systems (including industrial rooftop systems) to “42 decibels"..."at an open door or window of a nearby residence”. Requiring Special Exception approval will allow for the potential to request mitigation. Incentives could be considered for data centers that make substantial and proven efforts to stay below 45 dB(A) continuous noise at the closest residential boundaries.
4. Require noise monitoring (after operations begin) over a minimum of 5 years or any time new noise generating equipment is added.
The Chantilly Premier Proffers “Maximum Exterior Noise” also require additional noise analysis any time servers and associated cooling and backup generators are installed. Chandler, AZ has implemented common sense changes such as requiring continuous noise monitoring and publishing generator testing schedules. Incentives could be considered for data centers that include more frequent monitoring and publishing of maintenance schedules.
5. Require/incentivize LEED-DC Gold (or better) certification, installing the least impactful and highest standard equipment, such as Tier 4 generators, especially where data centers are clustered.
The County has indicated that they cannot require Tier 4 generators or other greener, less polluting technologies through the Zoning Ordinance, so the solution would be to require a Special Exception where such things can be requested (e.g. Chantilly Premier Proffers committed to Tier 4 generators). At a minimum, incentives could be employed to accomplish this goal, especially considering the concentration of data centers in a single area (such as Route 50, west of Route 28).
6. Require/incentivize monitoring of sodium discharges into the water, and monitoring of air quality.
The County has indicated that they cannot require a reduction in sodium discharges or monitoring, therefore, the only way to accomplish this is through Special Exception proffers. For example, Chantilly Premier Proffers “Wastewater” include requiring an initial water quality analysis, a prohibition on “bromide, bromine, and/or brominated compounds” and “ongoing water quality monitoring” with the requirement that any concentrations deemed unacceptable will be mitigated onsite.
Air quality monitoring should also be considered since neither the DEQ nor EPA monitor the contributions to air pollution from all generators at a facility (they only sample) or across separate facilities. Fairfax County currently has only 4 air monitoring stations and none are close to the Rt 28 and Rt 50 corridors where data centers are being encouraged to cluster.
7. Require architectural renderings for all data center buildings, not just those going through the Special Exception process.
Two of 3 by-right data centers have been completed on Route 50 (north side) in Chantilly between Avion Parkway and Stonecroft Blvd. As by-right, the facilities bypassed the Comprehensive Plan recommendations of 0.35 F.A.R. and instead built beyond that and constructed very utilitarian concrete structures. Had an architectural rendering been provided, such an eye-sore may have been avoided.
EMAIL ACTION REQUESTED BY January 20, 2024
The final stretch and we need your help by simply copying and pasting and sending an email. A separate email will come about the hearing but this email is a call to action that should take only a minute to do. Scott and I and representatives from SDC, WFCCA and VA Run HOA, met with several Supervisors over the past 2 weeks showing them the 3D printed model (which was possible due to your generous donations!) but we need you to reinforce us. We know you’ve emailed a lot before, but this will be directly to the Supervisors. We need as many of you to send an email as possible so please take a few moments to follow the instructions below:
COPY THIS INTO THE TO FIELD:
chairman@fairfaxcounty.gov; mason@fairfaxcounty.gov; braddock@fairfaxcounty.gov; Dranesville@FairfaxCounty.gov; huntermill@fairfaxcounty.gov; Franconia@fairfaxcounty.gov; mtvernon@fairfaxcounty.gov; providence@fairfaxcounty.gov; springfield@fairfaxcounty.gov; sully@fairfaxcounty.gov; clerktothebos@fairfaxcounty.gov;
COPY THIS TO THE SUBJECT:
January 23rd hearing on RZ 2022-SU-00019 / SE 2022-SU-00038
COPY THIS TO THE BODY AND ADD YOUR NAME AND ADDRESS AT THE END:
This is a watershed moment with the first ever, 110-foot tall, 3-story data center / warehouse application. The Board has the power to say no to, or modify, rezonings, especially when they affect all Fairfax County residents and set a precedent for all districts. Doubts=deny, not abstain. We have respectfully requested the following common sense modifications:
Reduce the height to reduce the data center’s adverse impacts driven by the 110’ foot height (tallest in Fairfax and Loudoun counties):
requires off-site substation, location unknown
more cooling challenges (noise), more generators (noise/air pollution)
destroys area character (tallest building for miles)
aircraft navigation space encroachment
Move the generators to east side to reduce the threat to the Occoquan and residents:
spills/leaks from nearly 150,000 gallons diesel fuel/exhaust fluid
diesel firefighting foam contains PFAs and other chemicals hazardous to waterways
noise on nearby residential communities in Fairfax and Loudoun
Eliminate the warehouse that adds excessive truck traffic
single, right in/out, forces highway truck traffic onto secondary roads (increased maintenance)
truck traffic passing homes, day cares, schools (safety and health hazard)
increases traffic congestion and accident potential on Rt 50 (Fairfax & Loudoun commuters/residents)
If you do nothing else, please, before making your decision, request a noise study to include the frequency octave band limits (also recommended by the new “Data Centers Report and Recommendations”) to satisfy the Board’s obligation under the Noise Ordinance “that it is the policy of the Board to prevent such noise” ensuring that people are protected from noise “that jeopardizes the public health, welfare, peace and safety or degrades the quality of life”
We ask you to protect us and the Fairfax County we know and love.
Respectfully,
ACTION REQUESTED BY DECEMBER 15th. The Statement of Diplomatic Resolutions, consolidates items many have already asked about into a formal request to the County and the Applicant with the intent of 1) Reinforcing our opposition to the application and 2) providing diplomatic solutions. Our goal is to provide feedback to the County and Applicant on the wishes of the community to pursue viable solutions.
INSTRUCTIONS:
Copy the Statement of Diplomatic Resolutions by selecting the content from the Statement of Diplomatic Resolutions below (then ctrl c, or right click and select Copy, to copy) or from this .docx file (after opening, use ctrl a to select the entire contents, then ctrl c, or right click to select Copy, to copy).
Paste (ctrl v, or right click and Paste) the contents into an email. It is important that the statement be included as text in your email.
Add your name and address. Sending from your valid email address and adding your name and address will act as your signature that you agree with all or part of the resolutions.
Send your email to cynthia@theshangs.com by Friday, December 15, 2023
STATEMENT OF DIPLOMATIC RESOLUTIONS
Given the numerous negative impacts on the public and the environment as detailed in the hundreds of correspondences and testimonies regarding application RZ 2022-SU-00019 / SE 2022-SU-00038, we still strongly oppose the rezoning to a heavier industrial district to accommodate an unprecedentedly tall (110 feet) data center or heavily truck-trafficked warehouse. However, we recognize the economic pressure on Fairfax County to approve the application may be considerable and that the Board of Supervisors must weigh that against the responsibility to protect its constituents, therefore, be it resolved that we citizens, represented by Save Pleasant Valley, are requesting the following diplomatic resolutions:
A reduction in the size of the tallest data center in Fairfax and Loudoun Counties in order to conform to area character and minimize health risks. The 0.8 F.A.R. was never intended for the area and, in fact, is 60% greater than the I-5 Zoning Ordinance’s 0.5 maximum and more than double the Comprehensive Plan’s 0.35 maximum for Land Unit H (and adjacent Land Units). No other building in the 935 acres of Land Unit H exceeds 0.5 F.A.R. and only two (2) exceed 59 feet in height. A reduction in the F.A.R., and a maximum height of 60 feet would: preserve the character of the area, avoid setting a precedent for future development, reduce/eliminate: the risk to aircraft, the need for a new substation, and the negative health and environmental impacts from noise emitted from the continuous rooftop cooling systems and intermittent backup generators.
Move the data center’s backup generators to the east side to reduce the noise impacts and the threat to drinking water; additionally mitigating through the use of alternative fuel sources. Not only would this reduce the noise impacts on residents but also reduce the threat of a diesel leak or spill (from accidents or natural disasters) from the unprecedented on-site storage of 135,000 gallons of diesel fuel and 13,500 gallons of diesel exhaust fluid, adjacent to an Occoquan Reservoir drinking water tributary and Resource Protection Area. Mitigation through the commitment to use alternative sources would further comply with the Comprehensive Plan’s objective “The use is designed to mitigate impacts on the water quality of the Occoquan Reservoir.” and the goals of the County’s Resilient Fairfax plan. The noise ordinance exempts generators so there would be no violation resulting from the relocation, and any impacts to the Resource Protection Area can be avoided with a creative design and reduced F.A.R.
Obtain the frequency/octave range for the data center’s rooftop HVACs and backup generators to ensure the public health. Being able to determine the frequency and third-octave noise range of the cooling systems and generators during typical and maximum operations, would allow the Board of Supervisors to make a more informed decision of the harmful impacts on the public, in compliance with Fairfax County Noise Ordinance, section 108.1-1-2: “people have a right to and should be ensured of an environment free from sound that jeopardizes the public health, welfare, peace and safety or degrades the quality of life; and that it is the policy of the Board to prevent such noise”.
Deny the heavily truck trafficked warehouse option to ensure traffic and health safety. The single Route 50 eastbound-only truck entry/exit to the warehouse would not only increase congestion and the potential for accidents on Route 50 and Pleasant Valley Rd, but would force hundreds of noisy, air-polluting trucks daily to reroute onto smaller roads, bringing Route 50 highway truck traffic to the doorsteps of many homes, child daycare centers, schools and small businesses.
We respectfully request your consideration of these resolutions.
The following sample letters can be emailed to the Planning Commissioners (plancom@fairfaxcounty.gov) and to the Board of Supervisors (clerktothebos@fairfaxcounty.gov), subject "Oppose RZ 2022-SU-00019 / SE 2022-SU-00038". Be sure to address the first line to the appropriate recipients and add your name and address at the bottom.
To email separately:
visit Planning Commissioners or you can email them directly and cc plancom@fairfaxcounty.gov (Evelyn Spain is the Sully Planning Commissioner): evelyn.spain@fairfaxcounty.gov; peter.murphyjr@fairfaxcounty.gov; john.ulfelder@fairfaxcounty.gov; timothy.sargeant@fairfaxcounty.gov; daren.shumate@fairfaxcounty.gov; mary.cortina@fairfaxcounty.gov; john.carter@fairfaxcounty.gov; daniel.lagana@fairfaxcounty.gov; walter.clarke@fairfaxcounty.gov; phillip.niedzielski-eichner@fairfaxcounty.gov; andres.jimenez@fairfaxcounty.gov; candice.bennett@fairfaxcounty.gov;
visit Board of Supervisors or you can email them directly and cc clerktothebos@fairfaxcounty.gov : (Kathy Smith is the Sully Supervisor) sully@fairfaxcounty.gov; chairman@fairfaxcounty.gov; mason@fairfaxcounty.gov; braddock@fairfaxcounty.gov; Dranesville@FairfaxCounty.gov; huntermill@fairfaxcounty.gov; Franconia@fairfaxcounty.gov; mtvernon@fairfaxcounty.gov; providence@fairfaxcounty.gov; springfield@fairfaxcounty.gov;
Petition Letter from Letter Signing Campaign - open and then select Download from the File menu in the upper left to save in a different format, sign then scan or take a picture with your phone and email to the Planning Commissioners (plancom@fairfaxcounty.gov) and to the Board of Supervisors (clerktothebos@fairfaxcounty.gov), subject "Oppose RZ 2022-SU-00019 / SE 2022-SU-00038".
Sample-Letter-summary.docx - open and then select Download from the File menu in the upper left to save in a different format, or copy the text below. Email to the Planning Commissioners (plancom@fairfaxcounty.gov) and to the Board of Supervisors (clerktothebos@fairfaxcounty.gov), subject "Oppose RZ 2022-SU-00019 / SE 2022-SU-00038". Be sure to address the first line to the appropriate recipients and add your name and address at the bottom.
-----------------------------------------
Dear [indicate to whom you are sending, either All Planning Commissioners or All Board of Supervisors]
As a resident, I am requesting that the RZ 2022-SU-00019 / SE 2022-SU-00038 application be denied as the specified uses – 110-foot tall data center or heavily truck trafficked high-cube parcel warehouse – conflict with the Comprehensive Plan, Land Unit H, including the "Guidelines for Higher Intensity within Areas Planned for Industrial Use" in Appendix 12 of The Policy, and are incompatible with, and will negatively impact, the surrounding areas. Additionally, some information requested as part of this entitlement phase by County departments has either been ignored, pushed off to site plan or only partially provided.
The entire 79 acre parcel was I-3 light industrial district until July 28, 2020 when, during the pandemic (legality questionable), the Board of Supervisors allowed a rezoning of part of it to a heavier industrial district, I-5, for a car dealership maintenance area.
There are no other data centers within Fairfax County that are currently approved or operational at 110-feet, storing 148,000 gallons of flammable diesel fuel and toxic diesel exhaust fluid, adjacent to a Resource Protection Area (RPA) and tributary to our drinking water, therefore there is insufficient information regarding the impacts of such a data center on the residents’ quality of life, home values, animals, and the environment. The Board of Supervisors directed staff to supply a year-end report on the environmental impacts of data centers and their proper siting, yet the County is not waiting on that report for this unprecedented data center. The Resource Protection Area (RPA) / Cub Run Stream Valley Park will become a test ground and the residents of Pleasant Valley will be test subjects without recourse.
The applicant-provided noise study is based on 20 diesel generators, not the 27 stated in the Statement of Justification and the Staff Report, therefore also bringing into question the number of HVAC units. Even so, the incomplete study demonstrates that the noise will at times exceed the 60 dBA, violating the Comprehensive Plan's requirement “to ensure that surrounding uses are not negatively impacted by this higher intensity”.
The $1000 (thousand dollar) fine and the fact that the "civil penalties provision shall not apply to noise generation in connection with business being performed on industrially zoned property" and that the code exempts back-up generator maintenance, make the continuous noise ordinance insufficient especially considering that there is no guidance for the 24/7 low-frequency HVAC noise which passes through barriers and travels farther than high frequency noise, leaving no real recourse for subjected residents/businesses. Even though the applicant has agreed to a pre- and post- construction noise study, any violations after will place the burden on residents/businesses to prove. Again, violating the requirement “to ensure that surrounding uses are not negatively impacted by this higher intensity”.
The data center 0.8 FAR exceeds the maximum intensity of 0.35 FAR for Land Unit H, towering over 80 feet above the adjacent properties, irreparably changing the character of the area and inviting more such development. In addition, the required new substation requires more land be developed to support it and the miles of transmission lines, violating the criteria that new uses "be supported by existing infrastructure".
The elevation of Pleasant Valley reaches over 60 feet above the applicant property making the RPA tree "buffer" insufficient in height and evergreens to shield homes from noise and visual impacts violating the Comprehensive Plan's requirement “to ensure that surrounding uses are not negatively impacted by this higher intensity”.
The warehouse and associated increase in truck traffic noise and diesel emissions (nitrogen oxides and particulate matter), and routing truck traffic through the smaller Lafayette Center Dr, within 300 yards of Pleasant Valley residents, conflict with the Comprehensive Plan’s objective “to protect existing residential areas from the encroachment of commercial development” and “to ensure that surrounding uses are not negatively impacted by this higher intensity”
Rezoning the land to a more industrial use, with 27 air-polluting diesel generators, 24/7 noise polluting (affecting humans and wildlife) HVACs and diesel generators and trucks, huge quantities of on-site toxic fuel storage, zero-distance from the RPA and a within a few hundred feet of a tributary to our drinking water, violates the Board of Supervisor’s priority: “Fairfax County will continue to protect our drinking water, air quality, stream valleys and tree canopy through responsible environmental regulations and practices.”
In June 14, 2023 Staff Report, County departments requests have either been ignored, pushed off to site plan or only partially provided. For example, the Fairfax County Park Authority’s repeated requests for handling, storage, and spill containment plans have only been recommended to be provided, not required, and only after the rezoning is approved; and the Development Review Branch’s continued “request that a noise study be performed as part of this entitlement phase to identify the anticipated transportation noise levels” has been ignored. These are only 2 of numerous examples throughout the Staff Report.
Although the Comprehensive Plan provides guidelines, they are all too often ignored when it is convenient or profitable to do so. The county should not always be expected to approve whatever a developer wants; in doing so, the county opens the area up to more of the same industrial development. The county should take into account an I-5 district’s distance from homes, schools, churches, wildlife and natural resources, and not simply rezone an area to I-5 because an applicant wants them to.
I strongly oppose this application and request that you deny RZ 2022-SU-00019 / SE 2022-SU-00038.
Respectfully,
[Your Name]
[Your Address]
Sample-Letter-detailed.docx - open and then select Download from the File menu in the upper left to save in a different format, or copy the text below. Email to the Planning Commissioners (plancom@fairfaxcounty.gov) and to the Board of Supervisors (clerktothebos@fairfaxcounty.gov), subject "Oppose RZ 2022-SU-00019 / SE 2022-SU-00038". Be sure to address the first line to the appropriate recipients and add your name and address at the bottom.
-----------------------------------------
Dear [indicate to whom you are sending, either Planning Commissioners or Board of Supervisors]
As a resident of the Pleasant Valley neighborhood in Chantilly, I am requesting that the RZ 2022-SU-00019 / SE 2022-SU-00038 application be denied as the specified uses – 110-foot tall data center or high-volume truck trafficked parcel hub warehouse – conflict with the Comprehensive Plan, Land Unit H, and are incompatible with, and will negatively impact, the surrounding areas. Additionally, some information requested as part of this entitlement phase by County departments has either been ignored, pushed off to site plan or only partially provided.
Special Exception SE 2022-SU-00038, Option 1 Data Center opposition:
There are no other data centers within Fairfax County that are currently approved or operational at 110-feet, storing 148,000 gallons of flammable diesel fuel and toxic diesel exhaust fluid, adjacent to a Resource Protection Area (RPA) and tributary to our drinking water, therefore there is insufficient information regarding the impacts of such a data center on the residents’ quality of life, home values, animals, and the environment. The Board of Supervisors directed staff to supply a year-end report on the environmental impacts of data centers and their proper siting, yet the County is not waiting on that report for this unprecedented data center. The Resource Protection Area (RPA) / Cub Run Stream Valley Park will become a test ground and the residents of Pleasant Valley will be test subjects without recourse.
Size / Noise / Electricity
The proposed 110-foot high data center would be the tallest data center in all of Fairfax County, in fact, the tallest building in Land Unit H, would tower over the adjacent buildings (Ourisman Toyota 26 feet, Sheehy Infinity 28.7 feet, Rosenthal Jaguar / Landrover 27.4 feet) by 80 feet and is therefore incompatible with the character of the area. The adjacent buildings Per the Comprehensive Plan, the data center exceeds the maximum intensity of 0.35 FAR for Land Unit H of the "Guidelines for Higher Intensity within Areas Planned for Industrial Use" in Appendix 12 of the Land Use section of the Policy Plan. If approved, then where does it end? Land Unit H is a suburban area and attempts to change it into an urban area are inappropriate.
Citing that the tenant is unknown, the applicant is unable to specify the electrical requirements. However, the data center would require so much electricity, that additional land development near the applicant property is required to build a new substation to supply it, violating the criteria that new uses "be supported by existing infrastructure" of the "Guidelines for Higher Intensity within Areas Planned for Industrial Use" in Appendix 12 of the Land Use section of the Policy Plan.
At 110 feet, the data center would rise fifty (50) feet or more above the tree line of the RPA buffer. Given that most homes in the Pleasant Valley neighborhood sit on land that is thirty (30) to over sixty (60) feet (USGS) above the elevation of the applicant property, the RPA tree "buffer" is insufficient in height to shield homes in the Pleasant Valley neighborhood from the data center and the noise of the rooftop cooling systems. As such, the data center does not meet the criteria "to ensure that surrounding uses are not negatively impacted by this higher intensity" and "to minimize visual impacts on adjacent properties related to height and building mass" of Appendix 12 of the Policy Plan of the Comprehensive Plan.
Although the data center may meet the continuous noise ordinance as specified in Fairfax County Code 108.1-4-1, the $1000 (thousand dollar) fine and the fact that the "civil penalties provision shall not apply to noise generation in connection with business being performed on industrially zoned property" and that the code exempts back-up generator maintenance, make it insufficient, leaving no real recourse for residents subjected to constant noise which, by its continuous nature, can be annoying even when below the noise ordinance threshold. Data center HVAC systems produce a 24/7 low-frequency hum, which passes through barriers and travels further than higher frequencies, that the brain has difficulty filtering out. The applicant has not been asked to provide a frequency level (Hz) analysis regarding the constant and continuous noise.
Water / Air / Environment
The quantity of water required by the data center has not been provided as the applicant does not know the final build and there is no on-site mitigation of the elevated levels of saline that are created by evaporative cooling which leaves higher salt wastewater behind causing problems for publicly funded wastewater treatment facilities. In a letter to Prince William County regarding their Digital Gateway, dated October 24, 2022, Rachel Flynn, the Deputy County Executive of Fairfax County, stated "We concur with the comments of Fairfax Water, dated March 21, 2022, and May 4, 2022, i.e., reducing sodium and bromide concentrations in industrial wastewater before they enter the public sanitary sewer system.", yet there is no requirement for this applicant to reduce either of these concentrations.
The subject property is located within the Water Supply Protection Overlay District (WSPOD), and is adjacent to the Cub Run watershed (which the USDA has classified as "impaired"), Cub Run Stream Valley Park and a Resource Protection Area. The impact of the additional water pollution from the runoff, noise and air pollution from the cooling and power generators on the wildlife and the environment is incompatible with the area.
With over 4,000 data center diesel generators in the tri-county area as of early 2023, air quality will continue to degrade, violating the Comprehensive Plan’s criteria "to ensure that surrounding uses are not negatively impacted by this higher intensity"
The data center requires 27 diesel generators, storing 135,000 gallons of flammable diesel fuel and 13,500 gallons of toxic diesel exhaust fluid on-site. A spill (from the generators or diesel trucks hooking up to fill the generators), leak, fire or other accident can shut down the area and contaminate the adjacent Resource Protection Area and Cub Run stream (a tributary to Occoquan Reservoir drinking water). Fairfax County Park Authority (FCPA) has raised concerns: “a diesel spill could contaminate FCPA’s adjacent and downstream properties and the Cub Run watercourse. FCPA continues to request details on the handling, storage, and spill containment of the fuel system, as well as construction and operational safeguards and redundancies to be provided by the contractor and owner.” Yet the Staff Report concluded only that “A proffer is recommended to provide this information at site plan.” Rezoning is an entitlement; by putting this off until site plan, the county is not following its own recommendation “to undertake those studies prior to the approval of any entitlements.”
Development Review Branch “continues to request that a noise study be performed as part of this entitlement phase to identify the anticipated transportation noise levels” yet this has been ignored. Given that the only truck access will be on eastbound Route 50, trucks will be required to traverse the 2-lane Lafayette Center Drive, with an on-road bike path, bringing heavy truck traffic within 300 yards of homes in the Pleasant Valley neighborhood.s
Special Exception SE 2022-SU-00038, Option 2 High Cube Parcel Hub Warehouse opposition:
The warehouse and associated increase in truck traffic noise and diesel emissions (nitrogen oxides and particulate matter), conflict with the Comprehensive Plan’s objective "to protect existing residential areas from the encroachment of commercial development" and "to ensure that surrounding uses are not negatively impacted by this higher intensity". Diesel emissions pose a health hazard to those living near a highway or warehouse, and if the proposed warehouse is built, the residents of Pleasant Valley would be within a half mile of both.
Air / Noise / Environmental Impacts
The Federal Highway Administration (FHWA) has thirteen (13) classes of vehicles ranging from motorcycles to "Seven or More Axle Multi-Trailer Trucks". The applicant has not provided any details as to the expected type of vehicles to be used for the facility, making it difficult if not impossible to estimate the air and noise pollution impacts. However, Fairfax Zoning Administration indicated the facility would be classified as a Freight Distribution Hub which uses semi-trailer trucks and is only allowed in the I-4, I-5, and I-6 Districts (not in the I-3 district which the land was originally zoned).
Given the topographical elevations of the Pleasant Valley neighborhood, most homes sit on land that is thirty (30) to over sixty (60) feet (USGS) above the elevation of the applicant property. Most can hear the traffic on Route 50 clearly because there is no berm or wall and even if there were, homes would be outside the noise shadow created by the berm or wall due to the neighborhood elevation. The elevation also makes the RPA tree “buffer” insufficient to shield homes in the Pleasant Valley neighborhood from increased truck traffic and other noises associated with a distribution warehouse.
The subject property is located within the Water Supply Protection Overlay District (WSPOD), and is adjacent to the Cub Run watershed (which the USDA has classified as “impaired”), Cub Run Stream Valley Park and a Resource Protection Area. Therefore, the air and noise pollution from the increase in diesel trucks on the wildlife and environment is incompatible with the area.
The warehouse and associated increase in truck traffic noise and diesel emissions (nitrogen oxides and particulate matter), conflict with the Comprehensive Plan’s objective “to protect existing residential areas from the encroachment of commercial development” and “to ensure that surrounding uses are not negatively impacted by this higher intensity”.
Traffic / Health / Safety
Development Review Branch (DRB) “continues to request that a noise study be performed as part of this entitlement phase to identify the anticipated transportation noise levels” yet this has been ignored. Given that the only truck access will be on eastbound Route 50, trucks will be required to traverse the 2-lane Lafayette Center Drive, with an on-road bike path, bringing heavy truck traffic within 300 yards of homes in the Pleasant Valley neighborhood. In addition to the noise, the increased truck traffic, poses a safety hazard to people driving or biking along these roads, especially students going to/from Westfield High School, and brings Rt 50 to the doorsteps of residents.
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 up to 2.0-miles distant.
Rezoning RZ 2022-SU-00019 Opposition:
The entire parcel was originally zoned I-3 light industrial which is more compatible with the Land Unit H designation the parcels are in. In July 2020 the BOS granted a rezoning of 6.68 acres to I-5 with strict proffer provisions. Owners and developers have learned to take advantage of permissive zoning rules in the I-5 for warehouses and data centers because it permits by-right construction up to 75 feet in height without any requirements to mitigate noise (e.g. no need to enclose cooling, ventilating or power generators) or other environmental impacts and pollutants, as they would in I-3. Upzoning to I-5 conflicts with the Comprehensive Plan’s Land Unit H guidelines and the "Guidelines for Higher Intensity within Areas Planned for Industrial Use" in Appendix 12 of the Land Use section of the Policy Plan “to ensure that surrounding uses are not negatively impacted by this higher intensity”. If anything, the I-5 parcel should be down-zoned back to I-3 to mitigate impacts on the adjacent Cub Run Stream Valley Park, the RPA, the Pleasant Valley neighborhood, the Westfield High School and surrounding areas rather than compounding potential problems by upzoning.
On May 15, 2023 the applicant indicated their unwillingness to remove any bamboo on the 67-acres zoned I-3, therefore the “dedication” of the site for conservation should not be considered a bargaining chip with the county.
Although the Comprehensive Plan provides guidelines, they are all too often ignored when it is convenient or profitable to do so. The county should not always be expected to approve whatever a developer wants; in doing so, the county opens the area up to more of the same development. The county should take into account an I-5 district’s distance from homes, schools, churches, wildlife and natural resources, and not rezone an area to I-5 simply because an applicant wants them to.
I strongly oppose this application and request that you deny RZ 2022-SU-00019 / SE 2022-SU-00038.
Respectfully,
[Your Name]
[Your Address]
Jehanne Arslan September 20, 2023 letter - Former municipal planner and development acquisition consultant, and former member of the Dulles South Suburban Comprehensive Plan Committee weighs in on the impacts of the Mega Data Center / Warehouse