Zoning appeals board rejects challenge to permit requirement for data center project in Chester
The Chesterfield Board of Zoning Appeals rejected an appeal challenging the requirement for a conditional-use permit for a data center project in Chester. The landowner argued they had vested rights under a previous ordinance, but the board upheld the county's determination that a CUP is now required. This decision means the project must now apply for a conditional-use permit to proceed.
The Chesterfield Board of Zoning Appeals has unanimously rejected a challenge to the requirement for a conditional-use permit (CUP) for a data center project in Chester, Virginia. The decision, made Wednesday, upholds the Chesterfield planning director's earlier determination that the landowner lacked vested rights to develop the 89-acre property at 1931 Old Bermuda Hundred Road under the county's previous zoning ordinance.
Attorney Clark Leming, representing the appellant landowner (Washington Single Family Fund3), argued that his client had a vested right under state law to proceed without a CUP. He cited the successful rezoning of an adjacent 63-acre property at 13508 Woods Edge Road for a substation, which he claimed was an integral part of a singular data center development project. Leming also noted a partially approved site plan and substantial investments made by the landowner, including the purchase of the substation site and funds for surveying and wetlands delineation.
Deputy County Attorney Andrew Fulwider countered that the Woods Edge rezoning was a separate project and the site plan for the Old Bermuda Hundred site was not fully approved before the new ordinance took effect. Under the current ordinance, all data centers in Chesterfield County require a CUP, a change from the previous by-right status for data centers in General Industrial (I-2) zones. Fulwider also defended the planning director's authority to make the vesting determination, clarifying the county's charter.
With the appeal rejected, the property owner could now opt to file for CUP approval. A similar appeal by Reston-based developer WestDulles Properties for a data center project at the James River Industrial Center is still pending a BZA decision.