Data center developer’s conditional-use permit appeal denied by Chesterfield BZA
The Chesterfield Board of Zoning Appeals unanimously rejected WestDulles Properties’ appeal of a county determination requiring a conditional-use permit for its proposed data center campus. The decision means the 550-acre James River Industrial Center project must undergo public hearings and case-by-case review under Chesterfield’s new zoning ordinance, while WestDulles is considering an appeal to circuit court.
The Chesterfield Board of Zoning Appeals voted 4-0 to deny WestDulles Properties’ appeal of a county staff determination that its planned data center campus at 1500 Battery Brooke Parkway must obtain a conditional-use permit. The Reston-based developer argued that it had vested rights to build the project by right under the former industrial zoning rules and had already spent substantially on site work, engineering and utility planning.
Chesterfield Deputy County Attorney Andrew Fulwider argued that WestDulles’ earlier request did not identify a specific project and therefore did not establish vested rights. The appeal’s denial followed the county’s new zoning ordinance, which requires proposed data centers on industrial properties to go through public hearings and review by county supervisors. WestDulles CEO Eric Wells said the company is evaluating legal options, including an appeal to circuit court.