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Home My WebLink AboutPCAgenda2026January71.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 5.Meeting Minutes 5.A.November 5, 2025 Meeting Minutes 6.Committee Reports 7.Citizen Comments 8.Public Hearings 8.A.Ordinance Amendment to the Frederick County Code Modifications to additional regulations for specific uses contained in §165-204.26 for public utilities and use permissions for the Rural Areas (RA) Zoning District. ARTICLE II - Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 - Additional Regulations for Specific Uses; §165-204.26 - Public Utilities ARTICLE IV - Agricultural and Residential Districts; Part 401 - RA Rural Areas District; §165-401.02 - Permitted Uses §165-401.03 - Conditional Uses AGENDA PLANNING COMMISSION WEDNESDAY, JANUARY 7, 2026 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC01-07-26MinutesNovember5.pdf 1 8.B.Ordinance Amendment to the Frederick County Code Modifications to amend design requirements contained in §165-402.09 for the Residential Performance (RP) Zoning District. ARTICLE IV - Agricultural and Residential Districts; Part 402 - RP Residential Performance District; §165-402.09 - Dimensional Requirements 9.Other 9.A.Data Center Fact Sheet Report summarizing key characteristics, regulatory considerations, and potential impacts associated with data center development in Frederick County. 9.B.Current Planning Applications 10.Adjourn PC01-07-26OA_PublicUtilities.pdf PC01-07-26OA_RPDimensionRequirements.pdf PC01-07-26DataCenterFactSheet.pdf 2 Planning Commission Agenda Item Detail Meeting Date: January 7, 2026 Agenda Section: Meeting Minutes Title: November 5, 2025 Meeting Minutes Attachments: PC01-07-26MinutesNovember5.pdf 3 Frederick County Planning Commission Page 4228 Minutes of November 5, 2025 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 5, 2025. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Kevin Sneddon, Opequon District; Thomas Bottorf, Opequon District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Vaughn Whitacre, Gainesboro District; Mollie Brannon, Member at Large. ABSENT: Charles Markert, Red Bud District STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Eric Bittner, Planner II; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the November 5, 2025 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Thomas led the Pledge of Allegiance. ADOPTION OF AGENDA Upon a motion made by Commissioner McKay and seconded by Commissioner Brannon, the Planning Commission unanimously adopted the agenda for this evening’s meeting with two amendments: under Other, a brief discussion on substations; and under Other discussion on prayer before each Planning Commission meeting. MINUTES Upon motion made by Commissioner McKay and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the September 3, 2025 and October 1, 2025 meetings. ------------- 4 Frederick County Planning Commission Page 4229 Minutes of November 5, 2025 COMMITTEES Frederick Water – 11/18/25 Commissioner Bottorf reported, the Board Frederick County is continuing to experience drought conditions and Frederick Water is asking for voluntary water conservation. He continued, the Lake Frederick well is due to come online December 15th; the Diehl project is complete; the Advanced Metering system is starting to progress; and the East Pit Advanced Treatment Project is approximately 30% complete. Board of Supervisors – 10/08/25 and 10/22/25 Supervisor Liero, Board of Supervisor Liaison, reported the Board of Supervisors did not have any Planning items at their last meeting. ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission . Leslie Spencer, Gainesboro District, came forward and share that she is in support of adding prayer to the Planning Commission agenda. No one else came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARING Ordinance Amendment to the Frederick County Code: Modifications to supplementary use regulations for outdoor lighting contained in §165-201.07 to modernize outdoor lighting standards. Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to amend supplementary use regulations for outdoor lighting contained in §165-201.07. The purpose of this amendment is to modernize outdoor lighting standards through comparison with other localities and best practices, clarify and ensures consistent use of terminology, review illumination levels and mounting heights for fixtures, photometric plan requirements, and incorporated LED lighting standards into the ordinance. Mr. Klein continued, this ordinance amendment was initiated by Staff at the request of the Board of Supervisors. In preparing the ordinance amendment, Staff viewed other VA locality lighting standards, best practices from lighting professional groups and the American Plannin g Association (APA) and consulted with Parks and Recreation regarding lighting for recreational areas. Mr. Klein reiterated, in the ordinance, the purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass, and over lighting; promote safety and security; and encourage energy conservation. He noted the outdoor lighting standards section was last comprehensively updated in 2009. 5 Frederick County Planning Commission Page 4230 Minutes of November 5, 2025 Mr. Klein shared, the Development Review and Regulations Committee (DRRC) discussed the proposed amendment on September 25, 2025. In general, the DRRC was supportive of the proposed amendment, noting support for changes to lighting heights and illumination levels adjoining residential and agricultural areas. The committee expressed concern about what happens to establishments when they need to change lighting fixtures; for example, changing incandescent fixtures for LED fixtures. After discussions with the Zoning Administrator, fixture replacements would be allowed, however should an establishment seek additional lighting fixtures, to modify where fixtures are located on site, or change the mounting height of fixtures, they would need to comply with any new requirements. He continued, the DRRC noted the need for differentiation between commercial/industrial lighting and residential lighting for correlated color temperature (CCT). Following the committee meeting, Staff have revised the requirement and increased the CCT for C/I and high security lighting areas. In response to DRRC comments Staff modified the proposed amendment for building-mounted fixture height for non-residential uses and specified illumination levels for loading docks. Commissioners asked Staff to clarify enforcement, nonconforming lighting, and general safety of the community. The Commission members expressed support for the changes to address concerns where residential and agricultural uses adjoining commercial and industrial uses while also maintaining the business friendly nature of the ordinance. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. Four members of the public spoke; the citizen comments noted that changes to the lighting ordinance were a step in the right direction and would further address community health, light pollution, and glare. No one else came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Kozel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code: Modifications to supplementary use regulations for outdoor lighting contained in §165-201.07 to modernize outdoor lighting standards. (Note: Commissioner Markert was absent from the meeting) Ordinance Amendment to the Frederick County Code: Modifications to amend design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. Action – Recommend Approval Wyatt G. Pearson, Director, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to amend design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. He noted, this ordinance amendment was initiated by Staff. Mr. Pearson continued, the R4 Zoning District in intended to be a higher density mixed-use/mixed-housing type district as stated in the ordinance. The R4 Zoning District standards section was last comprehensively updated in 2013. Mr. Pearson shared, the Board of Supervisor’s authorized Staff to proceed with committee review at their September 10, 2025 meeting. The Development Review and Regulations Committee (DRRC) discussed the proposed amendment on September 25, 2025 and were supportive of the proposed amendment. 6 Frederick County Planning Commission Page 4231 Minutes of November 5, 2025 Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. No one came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Kozel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code: Modifications to amend design requirements contained in §165-501.06 for the R4 (Residential Planned Community) Zoning District to remove the minimum size required and amend the residential density requirements. (Note: Commissioner Markert was absent from the meeting) Ordinance Amendment to the Frederick County Code: Modifications to amend dimensional regulations contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. Action – Recommend Approval Wyatt G. Pearson, Director, reported this is a proposal to amend Chapter 165 – Zoning Ordinance to amend dimensional regulations contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. Specifically, Staff proposes increasing the maximum height allowed to 60-feet and removing the restriction on habitable floors from a maximum of three (3). He noted, 60-feet corresponds to the maximum height allowed for a multistory residential building. This would enable true mixed-use type structures with ground floor commercial/retail and residences above. This ordinance amendment was initiated by Staff at the request of a developer. Mr. Pearson continued, as stated in the ordinance: The TNDB Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the County’s present and future populations, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety, and general welfare of the public and the orderly development of Frederick County. He noted, the TNDB district standards section was last comprehensively updated in 2008. Mr. Pearson concluded, the Board of Supervisors authorized Staff to proceed with committee review and to advertise for public hearings at their September 10, 2025 regular meeting. The Development Review and Regulations Committee discussed the proposed amendment on September 25, 2025 and were supportive of the proposed amendment. Chairman Stowe called for anyone who wished to speak regarding the Public Hearing to come forward. No one came forward and the Public Hearing was closed for the public comment portion. Upon motion made by Commissioner Kozel and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Ordinance Amendment to the Frederick County Code: Modifications to amend dimensional regulations 7 Frederick County Planning Commission Page 4232 Minutes of November 5, 2025 contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the maximum height (feet) and habitable floors allowed. (Note: Commissioner Markert was absent from the meeting) ------------- ACTION Rezoning #08-25 Eastgate Commerce Center Action – Recommend Approval John A. Bishop, Assistant Director, reported this is a request for a minor proffer amendment to amend proffers associated with REZ #02-97, Eastgate Commerce Center. The amendments propose increasing the allowed number of street connections along Tasker Road from five (5) to six (6) and removing the proffer requiring a thirty foot wide road efficiency buffer along Tasker Road . He shared a zoning map of the area. Mr. Bishop continued, the previous rezoning application (REZ #02-97) was approved by the Board of Supervisors on August 13, 1997, and rezoned the subject property and a larger area (known as Eastgate Commerce Center) from RA (Rural Areas, B2 (General Business), B3 (Industrial Transition), and M1 (Light Industrial) zoned land to B2, B3, and M1 zoned land with proffers. Since that time, this area of the County has developed with a shopping center, convenience uses, and industrial uses. The remaining 30.40 acres of B2 on the north side of Tasker Road (the subject property) remains undeveloped. Mr. Bishop continued, the Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan provide guidance on the future development of the subject property. The Plan identifies the subject property within the “Route 277 Triangle – Centers of Economy” and having a business land use designation. The property is located in the Sewer and Water Service Area (SWSA) and outside the Urban Development Area (UDA). Mr. Bishop shared a long range land use map of the area. The proposed minor proffer amendment and existing zoning (B2) is otherwise in conformance with the Plans future land use policies. In regard to Transportation and Site Access; REZ #02-97 limited street intersection to Tasker Road to five streets that would create three intersections with Tasker Road. The proposed rezoning seeks to enable an additional connection, enabling six streets and four intersections with Tasker Road. He explained Tasker Road is identified in the Comprehensive Plan as an improved major collector. Currently, Tasker Road right-of-way (ROW) is 80-FT wide. To meet the envisioned improved major collector roadway, 105-FT of ROW would be required. Commissioner Thomas stated a continued need to be able to accommodate future widening of Tasker Road along the subject property frontage. He asked if the Applicant would commit to 105-FT of ROW. The Applicant stated their willingness to amend the proffer statement to provide the ROW dedication prior to the Board of Supervisors taking action. Upon motion made by Commissioner Kozel and seconded by Commissioner Thomas to recommend approval of the rezoning for a minor proffer amendment with the ROW dedication included BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Rezoning #08-25 Eastgate Commerce Center proffer amendment. 8 Frederick County Planning Commission Page 4233 Minutes of November 5, 2025 (Note: Commissioner Markert was absent from the meeting) ------------- OTHER The Planning Commission unanimously recommends Staff request the Board of Supervisors to authorize Staff to research areas better suited for substations. A motion was made by Commissioner Whitacre to request a prayer of all faiths be shared before the Planning Commission meetings. Commissioner Brannon seconded this motion. Commissioners Whitacre, Brannon, DeHaven, Kozel, McKay, Thomas, Bottorf, Stowe, Sneddon, and Brumback voted in favor of , with Commissioner Kerns voting to not support this. Commissioner Markert was absent. Wyatt G. Pearson, Director, introduced Eric Bittner, who is our new Planner in the Planning Department. ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Kozel and unanimously passed. The meeting was adjourned at 8:45 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary 9 Planning Commission Agenda Item Detail Meeting Date: January 7, 2026 Agenda Section: Public Hearings Title: Ordinance Amendment to the Frederick County Code Attachments: PC01-07-26OA_PublicUtilities.pdf 10 ZONING ORDINANCE TEXT AMENDMENT Public Utilities – Transmission and Distribution Facilities Staff Report for the Planning Commission Prepared: December 17, 2025 Staff Contact: M. Tyler Klein, AICP, Senior Planner Executive Summary: Meeting Schedule Development Review and Regulations Committee: December 11, 2025 Action: None Planning Commission: January 7, 2026 Action: Pending Board of Supervisors: January 28, 2026 Action: Pending Proposal This is a proposal to amend Chapter 165 - Zoning Ordinance to modify definitions and performance standards for “Public Utilities.” Current Standard Public Utilities – Transmission and Distribution Facilities are currently allowed as a permitted use in the RA Zoning District (§165-401.02(Q)) and all other zoning districts by-right. The use allowances for” “Public Utilities” was last modified in 2025 in conjunction with the data center ordinance amendment. “Additional Regulations for Specific Uses” contained in §165-204.26 for Public Utilities allow the Zoning Administrator the authority to determine minimum lot size and appropriate setbacks. The “Additional Regulations for Specific Uses” was last amended in 2020 to specify requirements for “utility-scale solar power generating facilities.” Prior to that, the section was last amended in 2020 and 2011 respectively. Planning & Zoning Staff Analysis: The Planning Commission, at their November 5, 2025, meeting, made a motion to request the Board of Supervisors direct staff to develop a draft ordinance addressing electrical substations in the County. In their discussion, the Planning Commission directed staff to consider performance standards that could include enhanced buffer and screening requirements for substations, including an earthen berm and/or other screening, increased setbacks, siting requirements near existing transmission lines, and prohibiting siting where adjoining residential uses. Additionally, staff were directed to evaluate if a conditional use permit (CUP) should be required for the rural areas. The Board of Supervisors discussed this ordinance amendment at their November 12, 2025, meeting and made a motion to direct staff to take the ordinance amendment forward for further 11 Page 2 of 5 study and to authorize staff to hold public hearings. In their discussion the Board expressed support for including additional regulations in the ordinance but did not provide consensus on requiring a conditional use permit. Public facilities, such as electrical substations, also require Planning Commission approval of the proposed facility and site being in conformance with the Comprehensive Plan (2021) following a public hearing. Specifically, this process determines if the general or approximate location, character and extent are in substantial accord with the Frederick County Comprehensive Plan. If the Planning Commission finds a proposal to be inconsistent with adopted Plan policy, they could deny the request for a 2232 review. The 2232 process gives the Planning Commission limited control over siting and performance standards, outside of a conditional use permit process, as it is primarily evaluating consistency with the Comprehensive Plan. Presently, there is not a proposal included below to modify the current by-right allowance to a “conditional use” requiring a conditional use permit (CUP) in the RA District. However, making such a change would be relatively simple if directed to do so. Other Jurisdictions: Staff reviewed the regulations for substations in other Virginia localities. Most other jurisdictions require a “special exception” (i.e. a conditional use permit) or similar public process for electrical substations on properties primarily zoned for agricultural/residential uses in addition to the state code required 2232 review. Additionally, most if not all the other localities that reviewed include performance standards to regulate setbacks, screenings, landscaping, and other elements of site design. Typical performance standards included minimum setbacks (varying from 50-feet to 100- FT from residential uses), screening required (varying from 8-FT to 12 -FT tall wall or fence), and buffers (with planting sizes of 6-FT tall trees and 42-48-inch-tall shrubs). It is important to note that species for plantings need to be considered carefully as many typical screening trees can grow to mature heights that would be incompatible with overhead utility lines. Additionally, some localities require co-location studies and/or environmental noise impact assessments when considering electrical substation citing. A cross comparison of other Virginia localities is included as an attachment to this report. Proposed Standard (additions bold/italicized/underlined): Chapter 165 – Zoning Ordinance Article I – General Provisions; Amendments; and Conditional Use Permit. Part 101 – General Provisions. §165-101.02 Definitions and word usage. 12 Page 3 of 5 PUBLIC UTILITIES, TRANSMISSION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for long range transmission of wholesale electrical power with voltages 138KV and higher. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR). PUBLIC UTILITIES, DISTRIBUTION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for local distribution of retail electrical power with voltages 138KV and lower. Such facilities may be owned by public utilities with retail territory defined by the Virginia State Corporation Commission (SCC). Article II – Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 – Additional Regulations for Specific Uses §165-204.26 – Public Utilities 1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation, the Frederick-Winchester Service Authority, and Frederick Water for public utility purposes shall be as follows: A. In all zoning districts, the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes. B. If a buffer requirement is imposed by this Chapter, the Zoning Administrator shall have the authority to modify the buffer standard if the adjoining property does not contain residential uses. C. Such lots shall be exempt from the individual on-site sewage disposal system requirements. D. Such lots may be accessed by private access easements; any such easement shall be a minimum of 15 feet in width. 2. Utility-scale solar power generating facilities. A. Any owner, lessee, or developer of real property for the purposes of solar power energy generation shall enter into a written agreement, prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia. B. For utility-scale solar power generating facilities a site plan, in accordance with Article VIII, shall be submitted to and approved by Frederick County, prior to the establishment of the use. 13 Page 4 of 5 3. Transmission Voltage Electrical Substations in the RA (Rural Areas) Zoning District. A. A modified Category C Type full screen buffer is required around the perimeter of the facility. The following enhanced landscaping and screening requirements apply: 1) A minimum 8-foot-tall opaque fence, wall or berm shall be provided. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. c. Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. 2) Deciduous trees shall be a minimum of one-and-one-half-inch caliper, and a minimum of six feet tall, at the time of planting. 3) Evergreen trees shall be a minimum of six feet in height at the time of planting. 4) Shrubs shall be a minimum of 36 inches in height at time of planting. 5) All other landscaping requirements, not modified above and contained in §165-203.01 shall apply. 4. Distribution Voltage Electrical Substation in the RA (Rural Areas) Zoning District. A. A Category B Type full screen buffer, satisfying requirements contained in §165-203.02(D), is required around the perimeter of the facility. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. c. Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. Summary & Requested Action: This item was reviewed by the Development Review and Regulations Committee (DRRC) on December 11, 2025. The committee generally supported the proposed changes to differentiate between “types” of substations and include enhanced buffer requirements for siting. The DRRC noted in their discussion they did not support modifying the use permissions in the RA zoning district to require a conditional use permit (CUP) for “Public Utilities – Transmission and Distribution Facilities.” 14 Page 5 of 5 Following DRRC discussion, staff also sought input from public utility (electric) providers for feedback. This ordinance amendment to add definitions and “Additional Regulations for Specific Uses” for “Public Utilities” in the RA Zoning District is presented to the Planning Commission for Public Hearing. Questions regarding the proposal should be directed to Planning and Development department staff. Following a public hearing, staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this ordinance amendment. 15 Proposed Changes – Public Utilities – Transmission and Distribution Facilities Revised December 17, 2025 Chapter 165 – Zoning Ordinance Article I – General Provisions; Amendments; and Conditional Use Permit. Part 101 – General Provisions. §165-101.02 Definitions and word usage. PUBLIC UTILITIES, TRANSMISSION AND DISTRIBUTION FACILITIES Booster or relay stations, transmission lines and towers, pipes, meters and other facilities, and sewer and water treatment facilities, including sewer and water transmissions lines. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR). PUBLIC UTILITIES, TRANSMISSION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for long range transmission of wholesale electrical power with voltages 138KV and higher. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR). PUBLIC UTILITIES, DISTRIBUTION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for local distribution of retail electrical power with voltages 138KV and lower. Such facilities may be owned by public utilities with retail territory defined by the Virginia State Corporation Commission (SCC). Article II – Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 – Additional Regulations for Specific Uses §165-204.26 – Public Utilities 1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation, the Frederick-Winchester Service Authority, and Frederick Water for public utility purposes shall be as follows: A. In all zoning districts, the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes. B. If a buffer requirement is imposed by this Chapter, the Zoning Administrator shall have the authority to modify the buffer standard if the adjoining property does not contain residential uses. C. Such lots shall be exempt from the individual on-site sewage disposal system requirements. D. Such lots may be accessed by private access easements; any such easement shall be a minimum of 15 feet in width. 16 Proposed Changes – Public Utilities – Transmission and Distribution Facilities Revised December 17, 2025 2. Utility-scale solar power generating facilities. A. Any owner, lessee, or developer of real property for the purposes of solar power energy generation shall enter into a written agreement, prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia. B. For utility-scale solar power generating facilities a site plan, in accordance with Article VIII, shall be submitted to and approved by Frederick County, prior to the establishment of the use. 3. Transmission Voltage Electrical Substations in the RA (Rural Areas) Zoning District. A. A modified Category C Type full screen buffer is required around the perimeter of the facility. The following enhanced landscaping and screening requirements apply: 1) A minimum 8-foot-tall opaque fence, wall or berm shall be provided. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. c. Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. 2) Deciduous trees shall be a minimum of one-and-one-half-inch caliper, and a minimum of six feet tall, at the time of planting. 3) Evergreen trees shall be a minimum of six feet in height at the time of planting. 4) Shrubs shall be a minimum of 36 inches in height at time of planting. 5) All other landscaping requirements, not modified above and contained in §165-203.01 shall apply. 4. Distribution Voltage Electrical Substation in the RA (Rural Areas) Zoning District. A. A Category B Type full screen buffer, satisfying requirements contained in §165-203.02(D), is required around the perimeter of the facility. a. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements b. Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator. c. Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. 17 Town of Ashland Fairfax County Loudoun County Henrico County Prince William County Rockingam County Albermarle County Permission for rural and agricultural areas Conditional Use Not Allowed in Residential-Agricultural District Special Exception Special Use Special Permit Special Use Special Use 50' from streets 100' from residential 50' from agricultural uses 60' road 75' front 100' from residential uses (within 50- 300 feet of the facility)20' from non-residential uses 20' from all other uses 15' side 25' side 20' from other uses 50' minimum setback from residential for electric substation serving a specific project 20' from roadways 25' rear 35' rear 8' tall screen; deciduous and evergreen trees Screened by a wall or fence a minimum 12' in height In all agricultural and residential districts utility substations (distribution) shall be located on lots of 1-acre or more. 10' tall opaque fence One (1) parking space per facility The proposed use at the location selected will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development of same. Decommissioning policies Mixed buffer yard a minimum of 50' in width where adjoining residential uses; large and medium trees and evergreen shrubs; minimum 6' in height for trees; 42-48" tall shrubs All Utility Substations and accessory storage yards require a minimum Buffer Type C, however, if required utility connections preclude installation of large and small deciduous trees, the maximum percentage applicable to shrubs under Section 7.04.07.B.2.d does not apply. In lieu of the minimum and maximum percentages applicable to evergreen trees under Section 7.04.07.B.2.b, at least 40% and up to 70% of the required plant units must be evergreen trees. located outside of front setback Public utility buildings and structures in any residential zone shall, wherever practical, have the exterior appearance of residential buildings and shall have landscaping, screen planting and/or fencing, whenever these are deemed necessary by the commission. Noise study required Must be located in areas consistent with Comprehensive Plan. Such structures as towers, transmission lines, transformers, etc., which are abandoned, damaged or otherwise in a state of disrepair, which in the opinion of the zoning administrator pose a hazard to the public safety, shall be repaired/removed to the satisfaction of the zoning administrator within a reasonable time prescribed by the zoning administrator. If the proposed location is in a R district, the use may be permitted only upon finding by the Board that the proposed location is a co-location or expansion of an existing facility and would minimize adverse effects in the R district compared to alternative sites; or there is no alternative site in a commercial or industrial district that can provide satisfactory service within one mile of the propose location. Utility Substations may be accessed by a private road. Minimum Setback Performance Standards Utility Substations must be set back a minimum of 100 feet from adjacent property with existing residential development 200' 18 Planning Commission Agenda Item Detail Meeting Date: January 7, 2026 Agenda Section: Public Hearings Title: Ordinance Amendment to the Frederick County Code Attachments: PC01-07-26OA_RPDimensionRequirements.pdf 19 ZONING ORDINANCE TEXT AMENDMENT RP Zoning District Dimensional Requirements Staff Report for the Planning Commission Prepared: December 16, 2025 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Development Review and Regulations Committee: Action: None Planning Commission: January 7, 2026 Action: Pending Board of Supervisors: January 28, 2026 Action: Pending Proposal This is a proposal to amend Chapter 165 - Zoning Ordinance to modify dimensional requirements for certain housing types in the RP (Residential Performance) Zoning District to allow for townhouses which are accessed through an alley in the back of the property, referred to herein as rear-loaded. Current Standard Townhouse; back-to-back townhouse B. Building Setbacks B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 ft B2 From off-street parking lot 15 feet B3 Side 10 feet B4 Rear 20 feet Back-to-back option: N/A C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off-street parking lot 10 feet C2 Front from private/public road 15 feet C3 side (end unit) 5 feet C4 Rear 5 feet Planning & Zoning Staff Analysis: This ordinance amendment was requested by Pennoni Associates, Inc., in a letter to the Planning and Zoning Department dated August 25, 2025. This ordinance amendment would allow for the townhouses that are accessed through the rear via an alley. The primary changes are in a reduction to the required rear setbacks if the townhouses are rear loaded. 20 Page 2 of 4 One concern noted by staff is that the 18-foot (FT) driveway referenced in Pennoni’s letter is not reflected in the proposed changes. Similarly, this distance is not included in the 6-FT rear setback that is proposed. The 6-FT setback is not likely to be utilized as the building would probably need to be a further distance from the alley to accommodate the required off-street parking. Frederick Water has expressed concern over underground utilities being provided via the alley easement and with sharing the utility easement with other uses which may affect or be affected by utility maintenance. The rear setback concern is not extended to the setbacks for unroofed decks, as these features are able to be elevated to still allow for parking. Several of the proposed changes should be better specified to apply rear loaded townhouses, namely the reduction of the side yard to 5 feet. Staff do not believe this change is necessary to adequately accommodate this use. The allowance for a reduced side setback reduction in sub-section B2 (see below, “Proposed Standard”) and the setback reduction without a garage in sub-section C2 are not necessary to accommodate rear loaded townhouses. Additionally, it should be considered that the required off-street parking of 2.5 spaces may be supplied through parking bays within a development and would likely not need to be fully captured on the individual lots. For example, a developer could provide a 2-car garage or driveway, then provide off-street parking elsewhere in the development. If approved, this amendment would become an administrative requirement, allowing rear-loaded townhouses as a by-right use in the RP district, no approvals or waivers would be necessary from the Board of Supervisors. Other Jurisdictions: Staff reviewed regulations for townhouses in other Virginia localities which allow rear-loaded townhouses. In instances where localities had differing regulations depending on the zoning district, the comparison was pulled using districts of comparable density limitations and land uses to the RP district. Of note, multiple jurisdictions did not distinguish rear-loaded and front-loaded townhouses. Those that did typically had a slightly reduced front setback, but an unaltered rear setback requirement. These localities also typically allowed for detached garages in the rear with a reduced setback. Most jurisdictions have setbacks which exceed the proposed setbacks, typically having a rear setback of 15’ or 25’ and front setback of 25’. A cross-comparison of other Virginia localities is included as an attachment to this report. Proposed Standard §165-402.09. H. – Dimensional Requirements Townhouse; back-to-back townhouse, rear alley townhouse B. Building Setbacks 21 Page 3 of 4 B1 From public or private road right-of- way With garage: 25 feet Without garage: 15 ft Rear alley option: The front setbacks may be reduced to 15 feet, provided the residential unit utilizes a rear alley access and there are no driveways on the private or public road fronting the residential unit. B2 From off-street parking lot 15 feet Side setback may be reduced to 10 feet when adjacent to private roadway or parking lot B3 Side 10 feet 5 feet 5 feet B4 Rear 20 feet Back-to-back option: N/A Rear alley option: 6 feet from shared alley access easement C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off- street parking lot 10 feet 5 feet 5 feet C2 Front from private/public road 15 feet Without garage 10 feet Rear alley option: 10’ C3 side (end unit) 5 feet Rear alley option: 2’ from shared rear alley access easement C4 Rear 5 feet Summary & Requested Action: This item was reviewed by the Development Review and Regulations Committee (DRRC) on December 11, 2025. The committee generally supported the proposed changes for rear-loaded townhomes. There were concerns regarding green space and townhouse being located against major roadways. Both scenarios are addressed currently in code, via minimum greenspace requirements and road efficiency buffers respectively. The Board of Supervisors discussed this ordinance amendment at their November 12, 2025, meeting and made a motion to direct staff to take the ordinance amendment forward for further study and to authorize staff to hold public hearings. In their discussion the Board expressed support 22 Page 4 of 4 for having additional options for more diverse housing types to meet changing market trends, as well as concerns regarding parking and overall affordability. This item is presented to the Planning Commission for Public Hearing. Questions regarding the proposal should be directed to Planning and Development department staff. Following a public hearing, staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this Zoning Text Amendment. 23 § 165-402.09. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. A. Single-family detached rural traditional. This dwelling type consists of a fully detached, large-lot single-family residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area 100,000 square feet A2 Minimum lot depth to width ratio 1:3 B. Building Setbacks B1 From road right-of-way 60 feet B2 Side 15 feet B3 Rear 50 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right-of-way 50 feet C2 Side 10 feet C3 Rear 35 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet B. Single-family detached traditional. This dwelling type consists of a fully detached, large- lot single-family residence with private yards on all four sides without required common open space. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area 15,000 square feet A2 Minimum lot width at setback 80 feet B. Building Setbacks B1 From road right-of-way 35 feet B2 Side 10 feet Frederick County, VA Downloaded from https://ecode360.com/FR1364 on 2025-11-06 24 B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right-of-way 25 feet C2 Side 5 feet C3 Rear 15 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet C. Single-family detached urban. This dwelling type consists of a fully detached, single- family residence on an individual lot with private yards on all four sides. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area 12,000 square feet A2 Minimum lot width at setback 70 feet A3 Minimum lot width at road right-of-way 40 feet B. Building Setbacks B1 From road right-of-way 35 feet B2 Side 10 feet B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right-of-way 25 feet C2 Side 5 feet C3 Rear 15 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet D. Single-family detached cluster. This dwelling type consists of a fully detached, single- family residence on an individual lot, with private yards on all four sides. Dimensional Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 25 requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area 8,000 square feet A2 Minimum lot width at setback 60 feet A3 Minimum lot width at road right-of-way 30 feet B. Building Setbacks B1 From road right-of-way 25 feet B2 Side 8 feet B3 Rear 20 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right-of-way 15 feet C2 Side 5 feet C3 Rear 10 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet E. Single-family detached zero lot line. This dwelling type consists of a fully detached, single- family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area 6,000 square feet B. Building Setbacks B1 From road right-of-way 25 feet B2 Minimum on-site building spacing (side) 25 feet B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right-of-way 15 feet C2 Side 20 feet C3 Rear 15 feet Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 26 D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet F. Supplemental Regulations F1 A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F2 The opposite side yard must be maintained clear of any obstructions other than a three- foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences. In no case shall any encroachment other than a fence be placed within the required maintenance easement. F3 The zero lot line side must not be adjacent to a road right-of-way. F. Single-family small lot. This dwelling type consists of a single-family detached or attached residence on an individual lot. No more than two units may be attached together. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area 3,750 square feet B. Building Setbacks B1 From public or private road right-of-way 25 feet B2 The front setback may be reduced to 15 feet, provided that the residential unit utilizes a rear alley for access and there are no driveways on the private or public road fronting the residential unit. B3 Side Detached option: 5 feet Attached option: 10 feet B4 Rear 15 feet B5 Minimum building spacing Attached option: 20 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from private/public road 15 feet Rear alley option: 10 feet C2 Side (end unit) 5 feet C3 Rear 10 feet C4 Rear (from open space) 5 feet D. Minimum Parking Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 27 D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet F. Supplemental regulations F1. A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum of three. F2. Detached accessory structures may not exceed 150 square feet. G. Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area per unit 3,000 square feet A2 Maximum site impervious surface ratio 0.50 B. Building Setbacks B1 From road right-of-way 35 feet B2 From parking areas or driveways 20 feet B3 Side 15 feet from perimeter boundary B4 Rear 25 feet from perimeter boundary C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right-of-way 25 feet C2 Front from parking areas or driveways 15 feet C3 Side 10 feet C4 Rear 15 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 28 H. Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows: [Amended 5-25-2022] A. Lot Dimensions A1 Minimum lot area 1,500 square feet A2 Minimum lot width End unit: 22 feet Interior unit: 18 feet B. Building Setbacks B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet B2 From off-street parking lot 15 feet B3 Side 10 feet B4 Rear 20 feet Back-to-back option: N/A C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off-street parking lot 10 feet C2 Front from private/public road 15 feet C3 Side (end unit) 5 feet C4 Rear 5 feet D. Minimum Parking D1 Required off-street parking 2.5 per unit E. Height E1 Principal building (max) 40 feet E2 Accessory building (max) 20 feet I. Garden apartments. This housing type consists of buildings that contain multiple dwelling units that share a common yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden apartments shall be at least two stories high but no more than four stories and shall contain six or more units in a single structure, not to exceed 16 units within a single structure. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Maximum site impervious surface ratio 0.60 B. Building Setbacks B1 From public road right-of-way 35 feet Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 29 B2 From private road right-of-way, off- street parking lot or driveway 20 feet B3 Side (perimeter) 20 feet B4 Rear (perimeter) 25 feet B5 Rear for balconies and decks 20 feet B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. C. Minimum Parking C1 Required off-street parking 2 per unit D. Height D1 Principal building (max): 55 feet D2 Accessory building (max) 20 feet J. Multifamily residential buildings. This housing type consists of multifamily buildings with a minimum of four dwelling unit entrances sharing an internal corridor per floor. The entire dwelling unit does not necessarily have to be on the same floor. External corridors are not permitted. Multifamily residential buildings shall only be located in areas designated in the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high- density residential. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Maximum site impervious surface ratio 0.60 B. Building Setbacks B1 From public road right-of-way 35 feet B2 From off-street parking lot or driveway 20 feet B3 Side (perimeter) 50 feet B4 Rear (perimeter) 50 feet B5 Rear for balconies and decks 20 feet B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. C. Minimum Parking C1 Required off-street parking 2 per unit D. Height Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 30 D1 Principal building (max): 60 feet, provided that a multifamily residential building may be erected to a maximum of 80 feet if it is set back from road right-of-ways and from lot lines in addition to each of the required minimum yard dimensions, a distance of not less than one foot for each one foot of height that it exceeds the sixty-foot limit. D2 Accessory building (max) 20 feet K. Age-restricted multifamily housing. "Age-restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age-restricted multifamily housing shall only be permitted within proffered age- restricted developments. Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests. Dimensional requirements shall be as follows: A. Lot Dimensions A1 Minimum lot area 3 acres A2 Maximum site impervious surface ratio 0.60 A3 Maximum number of units per building 110 B. Building Setbacks B1 From road right-of-way 60 feet B2 From off-street parking lot or driveway 5 feet B3 Side (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single-family residences. B4 Rear (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single-family residences. B5 Rear for balconies and decks May extend 10 feet into a perimeter setback B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. C. Minimum Parking C1 Required off-street parking 1.5 per unit D. Height D1 Principal building (max): The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the forty-foot height limitation, provided that it will not negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in height. Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 31 D2 Accessory building (max) 20 feet L. Height for other uses. The height for all other uses not otherwise specified shall not exceed 45 feet. M. Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard. N. Setbacks for other uses. The following setbacks shall apply to uses not otherwise specified: (1) Front setback shall be 35 feet. (2) Side setbacks shall be 15 feet. (3) Rear setback shall be 50 feet. O. Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses. P. Pipestem lots. The use of pipestem lots is permitted for single-family detached traditional, single-family detached urban and single-family detached cluster lot types, if all of the following design requirements are met: (1) The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots. (2) Pipestem lots shall have a minimum road frontage of 20 feet. (3) Pipestem lot driveways shall access only one lot. (4) Minimum yards shall be as follows: (a) Front, side and rear yards: 20 feet. (b) Accessory buildings: 20 feet. (c) Side yard of lots adjoining pipestem driveway yard: 15 feet. (5) Pipestem lot driveways shall not adjoin other pipestem driveways. (6) Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances. Frederick County, VA § 165-402.09 § 165-402.09 Downloaded from https://ecode360.com/FR1364 on 2025-11-06 32 117 East Piccadilly Street Winchester, VA 22601 T: 540-667-2139 F: 540-665-0493 www.pennoni.com August 25, 2025 Mr. Mark Cheran Zoning Administrator Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Section 165-402.09.H Townhouse Text Amendment Alley Served - Rear Load Townhouses Mr. Cheran: Pennoni understands that Frederick County has been investigating potential updates to the Zoning Ordinance that would accommodate contemporary housing products. Please accept this letter as a formal request for inclusion of the rear alley served townhouse product type that other communities is Virginia allow to be constructed by utilizing existing zoning ordinances. Specifically, the residential land development community would like to propose an additional townhouse housing option allowable within the RP zoning district of the Frederick County Zoning Ordinance. Section 165-402.09.H Townhouse; back-to-back townhouse, of the Frederick County Zoning Ordinance currently does not provide for a commonly constructed rear alley served townhouse unit. The following dimensional requirements & design standards are proposed for use with an alley served - rear load townhouse: 1. The front yard building setbacks from any public or private right-of-way may be reduced to 15 feet. 2. The side yard building setbacks adjacent any private right-of-way may be reduced to 10 feet. 3. The rear building setback will be 6 feet from the rear alley access easement. 4. The setbacks for unroofed decks, stoops, landings and similar features will be 10 feet in the front, 5 feet adjacent off-street parking lot, 5 feet on side and 2 feet in rear from private roadway easement. 5. The rear property line will be the centerline of the Alley. 6. A portion of the Alley will count as a portion of the minimum lot area. 7. The units will have parking and access to the garages from the rear, served by an alley. 8. A minimum 18-foot depth driveway outside of the alleyway shall be required in the rear to count as parking space in addition to garage spaces. See the attached “Alley Served – Rear Load Townhouse Schematic” for a graphical representation of the above requirements and a redline mark-up of how Section 165-402.09.H may be modified to accommodate the proposed unit type. As always, we appreciate your time and consideration on this request. If you have any questions, please feel free to contact the Pennoni office at (540) 771-2087. Sincerely, PENNONI ASSOCIATES INC. David L. Frank, PLA 33 Townhouse; back-to-back townhouse, rear alley townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows: [Amended 5-25-2022] A. Lot Dimensions A1 Minimum lot area 1,500 square feet A2 Minimum lot width End unit: 22 feet Interior unit: 18 feet B. Building Setbacks B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet Rear alley option: The front setbacks may be reduced to 15 feet, provided the residential unit utilizes a rear alley access and there are no driveways on the private or public road fronting the residential unit. B2 From off-street parking lot 15 feet Side setback may be reduced to 10 feet when adjacent to private roadway or parking lot B3 Side 10 feet 5 feet 5 feet B4 Rear 20 feet Back-to- back option: N/A Rear alley option: 6 feet from shared rear alley access easement. C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from off-street parking lot 10 feet 5 feet 5 feet C2 Front from private/public road 15 feet Without garage: 10 feet Rear alley option: 10’ C3 Side (end unit) 5 feet C4 Rear 5 feet Rear alley option: 2’ from shared rear alley access easement D. Minimum Parking D1 Required off-street parking 2.5 per unit E. Height E1 Principal building (max) 40 feet 34 E2 Accessory building (max) 20 feet 35 7 - UNIT TOWNHOUSE ALLEY SERVED - REAR LOAD 7 - UNIT TOWNHOUSE ALLEY SERVED - REAR LOAD PUBLIC ROAD 24 ACCESS ESMT 24' ACCESSESMTROAD R/W (TYP) ROAD R/W (TYP)ACCESS ESMT (TYP)PROPERTY LINE (TYP)PROPERTY LINE (TYP)6' REARSETBACK15' FRONTSETBACK22' END UNIT (MIN) 18' INTERIOR UNIT (MIN)6' REARSETBACKPROPERTY LINE (TYP)FRONT BLDG SETBACK REAR BLDG SETBACK PUBLIC ROAD PRIVATE ALLEY PRIVATE ALLEYREAR BLDG SETBACK FRONT BLDG SETBACK 10' SIDE SETBACK PROPERTY LINE (TYP)10' SIDESETBACK(CORNER)15' FRONTSETBACKLOT DEPTH (TYP)10' SIDE SETBACK (CORNER)ACCESS ESMT (TYP)5 - UNIT TOWNHOUSEALLEY SERVED - REAR LOAD6' REAR SETBACK PROPERTY LINE (TYP)REAR BLDG SETBACKFRONT BLDG SETBACK15' FRONT SETBACK 15' FRONTSETBACK(CORNER)PUBLIC ROAD15' FRONTSETBACK(CORNER)ACCESS ESMT (TYP)ESDIX24001 | 06/18/2025 REVISED: 08/26/2025 NORTHU:\ACCOUNTS\ESDIX\ESDIX25001 - CROSSPOINTE\DESIGN\_EXHIBITS\REAR LOAD TH\REAR LOAD TH SCHEMATIC.DWG PENNONI ASSOCIATES INC. 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 ALLEY SERVED - REAR LOAD TOWNHOUSE SCHEMATIC 00 25'50' GRAPHIC SCALE 1"=25' 36 37 38 39 40 41 42 Stafford County Henrico County Chesterfield County Rockingham County Prince William County Loudoun County Roanoke County Winchester City Shenandoah County front setback 8'25 20 25 0 15'10'35'40' rear setback 25 30 15 15 30'15'25'25'/50*40' side setback 15 20 10'8'15'6'/10'*10' garage (rear)0 5'10' *if adajcent to lower density district 43 Planning Commission Agenda Item Detail Meeting Date: January 7, 2026 Agenda Section: Other Title: Data Center Fact Sheet Attachments: PC01-07-26DataCenterFactSheet.pdf 44 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Wyatt Pearson, Director of Planning and Development RE: Land Use Review: Data Centers DATE: December 31st, 2025 On July 2, 2025, the Frederick County Planning Commission requested that the Board of Supervisors direct staff to conduct further study on data centers as a land use. The Board of Supervisors supported the Planning Commission’s request and directed staff at their August 13, 2025, meeting to further study data centers and provide a report to the Planning Commission and Board explaining some of the common characteristics, concerns, and opportunities associated with data centers as a specific land use. In keeping with the Planning Commission’s and Board’s directive for a concise and impartial report, this study focuses on high-level key discussion topics. These topics are summarized based on their relation to local land use, and this report avoids regional or societal opinions. The data and graphics are pulled mostly from State and Local Governmental reports, primarily “Data Centers in Virginia, 2024,” issued by the Joint Legislative Audit and Review Commission (JLARC). Further information on the topics may be accessed through the below sources. An executive summary is included. The primary sources for information contained within the report include but are not limited to: Joint Legislative Audit and Review Commission (JLARC) Data Centers in Virginia 2024 Piedmont Environmental Council Data Centers: Industry Impact in Virginia Fairfax County Data Centers Report and Recommendations Henrico County Planning Department Staff Analysis Data Center Regulation Conversations with: Frederick County Economic Development Authority (EDA), Frederick Water, Shenandoah Valley Electric Cooperative (SVEC), Rappahannock Electric Cooperative (REC), First Energy 45 1 Executive Summary Purpose At the direction of the Board of Supervisors, Planning and Development staff conducted a high-level review of data centers as a principal land use. This report summarizes key characteristics, regulatory considerations, and potential impacts associated with data center development in Frederick County. Key Findings • Context & Site Selection Criteria: Data centers require abundant, reliable power, access to fiber optic and water infrastructure, and large parcels of land. Proximity to high-voltage transmission lines is a critical factor in site viability. The report focuses on Colocation and Hyperscale data centers, which are typically industrial in scale and may be developed as standalone buildings or large campuses. • Legislative Landscape & Current Regulation: In April 2025, the County adopted ordinance amendments that removed by-right development for data centers. All proposals now require either a rezoning or a conditional use permit and must meet enhanced standards for noise, setbacks, screening, and environmental impact. • Comprehensive Plan Guidance: While not explicitly addressed in the current Comprehensive Plan, data centers align with the County’s fiscal balance goals and are generally suitable for areas designated as Mixed Use Industrial Office (MUIO) or other Industrial designations, particularly where infrastructure is available. • Energy Demand Local and Regional: Data centers have extremely high electricity demands. Local utilities have taken steps to isolate infrastructure costs, but regional transmission impacts may affect broader rate structures. • Water: Cooling technologies vary widely in water use, but data centers are capable of using very little water. Coordination with Frederick Water is essential to evaluate and mitigate potential impacts. • Noise & Air Pollution: Backup generators and cooling systems can significantly affect nearby properties, especially in rural/residential areas. Noise mitigation and generator regulation are key components of the County’s ordinance and need to be carefully evaluated as part of a rezoning or conditional use permit. • Visual and Design Considerations: Data centers are large, monolithic structures with limited architectural features. Screening and 46 2 design treatments are necessary to reduce visual impacts, especially in developmentally sensitive areas. • Economic Impacts: Data centers generate fewer jobs than other industrial uses but offer higher wages and substantial tax revenue through business personal property taxation. Summary Data centers present both opportunities and challenges for Frederick County. Their potential to contribute to fiscal balance and economic development must be weighed against infrastructure demands, environmental impacts, and community compatibility. The County’s updated ordinance provides a robust framework for evaluating future proposals, staff should continue to monitor State legislative changes and continue coordination with utility providers if projects seek to locate in Frederick County. 47 3 Land Use Review Data Centers Context Frederick County Code defines a Data Center as, “A premises in which the majority of the use is occupied by computers and/or telecommunications and related equipment for processing, storing, or transferring information.” For the purposes of this report, data centers are considered a principal land use, distinct from accessory server rooms that may be located within offices or other business facilities. Data centers may be developed as single-use, stand-alone structures or as part of larger campuses that can include multiple facilities. Data center demand has increased significantly due to the rapid growth of digital data, expansion of online activity, and the reliance of businesses and institutions—including those in finance, healthcare, education, and entertainment—on cloud-based services. Northern Virginia has emerged as a leading location for data center development due to its long-established fiber optic infrastructure, reliable power supply, proximity to the Federal Government operations, and major population and business centers. This growth trend is increasing exponentially to meet the needs of artificial intelligence (AI). In turn, those attempting to meet this demand have been spilling out of the Northern Virginia Area due to increasing real estate costs and other related factors. Data centers can provide several community benefits. They typically contribute substantially to local tax revenues (assuming they are not a tax-exempt entity) and typically result in limited impacts on public services such as public safety and transportation systems and can generate high-wage employment opportunities (though fewer overall jobs than other industrial uses). With present land use considerations commonly associated with industrial development, data centers also introduce some unique challenges. These include potential noise and visual impacts on adjacent properties, and significant demands on electricity and water resources with certain cooling technology. Air quality concerns also arise from backup generators, typically reliant on fossil fuels (natural gas or diesel). The impacts may be mitigated through the utilization of modern ordinance standards and proffers/conditions, and the siting and regulation of data centers should be carefully evaluated to balance economic development benefits with environmental and community impacts. Typology and Site Selection This report focuses on two categories of data centers with similar considerations and potential impacts as they are often constructed at an industrial scale: • Colocation data centers. constructed to offer space for multiple entities that typically cannot or prefer not to individually invest in these operations due to scalability, reliability, and other associated costs. • Hyperscale data centers. purpose built to maximize computational capacity and data storage; while able to be lease to multiple entities, they are typically owned or marketed to companies that possess or process substantial amounts of data (Google, Amazon, Meta, etc.). 48 4 Both types normally utilize either a campus/technology park style site or a stand-alone building site. The main differential is the size of the site. Stand-alone structures typically occupy less than 100 acres and range between 200,000 and 800,000 square feet typically; a campus/technology park facility usually exceeds over 400 acres, some instances over 1,000 acres, and multiple buildings comprising millions of square feet. Both facility types use similar criteria of access to significant electrical power, wet utilities (water-sewer), and fiber optic for site location. Figure 1 Campus Style Example Meclenburg County, VA Microsoft Frederick County has received inquiries for both approaches, but the stand-alone data center approaches are more likely due to suitability of locating in existing industrial clusters. Campus/technology park projects can achieve a greater scale to bring necessary infrastructure to the site that would otherwise be prohibitive to other projects and can capitalize on efficiencies on the construction and operational side. Many entities with entitlement in Virginia or that are project-seeking outside of traditional data center clusters are pursuing Campus/technology park projects due to demand and the aforementioned economies of scale. Site selection and power supply planning for data centers is a complex process that often includes studies being conducted over multiple years in coordination with utility providers, including transmission providers and distribution providers. 49 5 Data center site selectors want to be close to or have direct access to a 230 kV or greater line, especially if they plan to construct multiple buildings or a campus style project. Site selectors also view areas within a mile of an existing 500 kV line positively due to the economic feasibility of constructing a substation and a 230 kV or 138 kV line that is fed off the 500 kV line to serve their project. Since servers generate significant heat when clustered in large numbers, data centers demand far greater cooling capacity than most other building types. For example, a server room of about 10,000 square feet may need roughly 100 tons of cooling, while a space of similar size in a shopping mall might only require around 40 tons, and an office closer to 30 tons. In turn it is often assumed that all data centers are high consumers of water resources to meet these cooling demands, but the reality is far more nuanced and dependent upon the design of the specific facility needs, surrounding climate, available access to water resources, etc. There are technologies in use for large portions of the existing data center footprint that use an equivalent amount or less than a commercial office building. Figure 2 Standalone Facility Example Ashburn, VA Visa Legislative Landscape Data center legislation is likely to appear in the next General Assembly Session, though the form is uncertain. There is a failed bill from the 2025 Session, S.B. 1449, that may indicate how the land use component of legislation is likely to be addressed. This was used by the County as a framework for its ordinance update. More extreme approaches such as a Statewide moratoriums on data centers or 50 6 preemption of local land use authority to regulate data centers may be introduced, but it’s doubtful such legislation could withstand concerted efforts by vested interest groups. On April 9, 2025, the Board of Supervisors adopted amendments to the Frederick County Zoning ordinance that established specific regulations for data centers and power generating facilities including but not limited to adjusting noise regulations to be more stringent, controlling the location of mechanical equipment, increasing building setback, screening, height waivers, regulating backup generator locations and usage, and requiring site assessment evaluating the potential impacts on water resources, agricultural resources, parks, historic sites, forestland, and noise. For those familiar with Senate Bill 1449 from the Virginia 2025 legislative session, even though it was never adopted by the State, Frederick County adopted a very similar version of that piece of draft legislation into our ordinance. Additionally, these ordinance changes had the effect of eliminating any by-right pathway for data center development and requiring all projects to either pursue a rezoning or conditional use permit application. By-right data center development was removed as a “permitted use” in the 2025 amendment, where it had previously been allowed. Current Regulation Framework Below is a summary of the additional use regulations for data centers in Frederick County which is still in effect: 1. Site Assessments: Applicants must provide prior to approval of rezoning or conditional use permit studies on: • Noise impacts on nearby homes and schools (within 500 feet). • Effects on water resources, agriculture, parks, historic sites, and adjacent forestland. • Substation and transmission voltage needs to serve the facility. 2. Generator Use: • Testing/cycling allowed only on weekdays from 8 a.m.–5 p.m. • All generator noise must comply with County noise regulations. 3. Mechanical Equipment: • Equipment cannot be located in primary setbacks. • Ground-mounted and rooftop equipment must be fully screened from public roads and neighbors. • Generators must be enclosed or located within buildings; other equipment requires opaque screening. 4. Setbacks and Buffers: • Minimum 200-foot setback when adjoining residential or mobile home districts. • A full-screen buffer (Category C) required around the property, except when adjacent to certain commercial or industrial zones. 5. Noise Mitigation Measures and Ongoing Monitoring: • Applicants must submit a professional noise impact assessment with rezoning or conditional use applications. 51 7 • Post-construction noise studies required at 12 months and every 5 years thereafter. • Studies must use industry-standard equipment and procedures, with results reviewed by the Zoning Administrator. • Any expansions or modifications require a new noise study. • Exceedances of permitted levels trigger required mitigation. • Cooling and power equipment must incorporate low-noise fans, acoustic wraps, acoustic perimeters, and other approved sound-attenuation strategies. • Documentation of these measures must be submitted with building permits and verified at occupancy. Demonstrated in the following infographic, several impacts of data centers are within the jurisdiction of different levels of government, and may not be resolved solely through local land use regulation. Diesel back-up generators require DEQ air permits, water withdrawals are regulated by the State, whether by a public utility or private entity, and wastewater discharges are subject to State regulation and require processing through a wastewater treatment facility. Stormwater must install and maintain best management practices consistent with State standards, which are enforced locally. Other impacts on conservation efforts, local waste disposal capacity, and historic resources should be evaluated through the rezoning application process. . Figure 3 JLARC Table 5-1 52 8 Comprehensive Plan Guidance Data centers as a specific use are not directly addressed by the most recently adopted Frederick County Comprehensive Plan (November 10, 2021) but is grouped with “technology” related uses and energy-intensive development within the Economic Development Authority’s (EDA) target industry categories. Recent Comprehensive Plan adoptions have generally viewed the future land use designation “Mixed Use Industrial Office”(MUIO) as the preferable location for those EDA targeted industries, provided the impacts are effectively mitigated. Some MUIO areas have supporting plan text that provide some specificity as to which targets might be more appropriate than others, or which EDA goals seem more advisable in this location than others. Certain specific Area Plans within Appendix I of the Comprehensive still refer to older EDA targets reflecting when the Area Plan was last updated. Most MUIO areas are inadvisable for suitable or planned data centers, due to distance from major electrical infrastructure. Only one area of the County, within the Northeast Land Use Plan, has planned industrial areas within a reasonable proximity of existing major electrical infrastructure. Broadly, data centers located in the County with effectively minimized adverse impacts present an opportunity to achieve the Comprehensive Plan goal of achieving fiscal balance through land use planning. Historically, the County expressed this as achieving a 25/75 collective taxable value ratio between commercial/industrial land uses and residential land uses. By providing much higher taxable values than many other industrial data centers could assist in furthering that goal by providing much higher taxable values than many other industrial uses on similar footprints. Therefore, the County could commit less land to planned industrial in order to satisfy the intent of the 25/75 balance which is to maintain a broad tax base. Preliminary values from an analysis conducted by TischlerBise to determine the cost to serve different land use prototypes (single family residential, warehousing, retail, etc.) weighed against the direct economic benefits they provide indicate that data centers outperform warehousing from a net fiscal impact perspective 6 times over. Even office and manufacturing developments, which have been long perceived as being leaders in the positive net fiscal impacts measures, provide one-half and one-third of what data centers are estimated to provide respectively. Energy Demand and Impacts Locally and Regionally Electrical demand for a typical data center far exceeds any existing uses in Frederick County currently on a per square foot comparison basis. For example, it can be assumed that a roughly 400,000 square feet data center could use between 48-60 megawatts (MW), but depending upon cooling technology, facility design, and intended use case, that number could vary greatly (proposed projects in the County contemplated nearly double that average across less square feet). For context, 200 homes could use roughly 1 MW dependent upon how efficient the structures are and their environmental setting, and a typical hospital uses 3-4 MW. It should remain a consideration that regardless of what the County does absent State or Federal legislative intervention, the County will share in the regional decision-making burden. Due to the nature of electrical transmission, this is a regional concern more than a localized land use issue. The JLARC report utilized for this report provides greater detail on the impact to energy demand. 53 9 Figure 4 JLARC Figure 3-1 The energy grid is divided into three distinct components (Generation, Transmission, Distribution) which are operated by different regulated entities. Frederick County resides within the Pennsylvania-New Jersey-Maryland (PJM) Interconnection regional transmission organization which manages the transmission system for the broader region (Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Washington DC). PJM is regulated by the Federal Energy Regulatory Commission (FERC). PJM buys power from a variety of power generation sources and manages the transmission of that power through different transmission providers (Dominion, Appalachian Power, FirstEnergy etc.) who interconnect and provide power to distribution providers (Rappahannock Electrical Cooperative, Shenandoah Valley Electric Cooperative, etc.) which sell power directly to end users. In this relationship, a customer can clearly distinguish between their distribution costs and generation/transmission costs (generation and transmission costs are typically combined). Rappahannock Electric Cooperative (REC) and Shenandoah Valley Electric Cooperative (SVEC), the local electrical cooperatives distributing power in Frederick County, have taken preventative measures to restructure their operations through different rate classes or other methods to isolate additional infrastructure costs necessary to serve data centers, and other high intensity electrical users. These costs are assigned to the entities that create the need for that additional infrastructure. These solutions will require continuous monitoring and adjustment. 54 10 Figure 5 JLARC Figure 4-1 The generation/transmission side of costs are typically distributed across a more regional customer base, and protections are not as directly identifiable. It can be expected that increases in energy demand regionally have already and will continue to have an impact on local power bills, locating a data center in Frederick County is not likely to worsen that reality. It is estimated that the unconstrained demand from data centers could add between $14 to $37 to all Virginians’ monthly electricity bill by 2040. The regulatory landscape for how power is provided to the facilities themselves is a more pressing concern. Data centers require reliable access to significant amounts of electricity; if adequate transmission infrastructure is not already in place, utility providers must plan and build new facilities, which results in land clearing and potential fracturing of intact rural and suburban areas. Electric utilities are subject to the “obligation to serve”, and while they cannot deny service to any legal power customer, they are not required to immediately plug in additional users until the grid fails, or for the utility to bear all the necessary costs of infrastructure upgrades. They instead can place the burden on that customer to pay for the necessary infrastructure. They may circumstantially require that payment upfront and years in advance of when the infrastructure can be constructed. Frederick County has two major transmission lines (500 kV) running through the northern and southern portions of the County in a roughly east to west alignment. All other existing overhead transmission electrical lines in Frederick County are 138 kV or less, and as of this report there are not any 230 kV lines. It may be possible to serve an industrial scale data center project with 138kv infrastructure if sized appropriate, but if additional buildings are added or power demand climbs as equipment is refreshed 55 11 it is very likely additional power would need to be brought to the site. From a local perspective, there is no control over the routing of these transmission lines and if the electric utilities have to expand existing right of way or run new lines through areas that are otherwise rural, there can be major impacts on the community far from the actual project site if/when new 138 kV, 230 kV or 500 kV infrastructure is installed. Given the extensive delays to construct new power infrastructure, many data center developers have been exploring on-site generation as either a permanent solution, or to bridge the gap until power can be provided. This raises a concern regarding air quality and noise generation, as the most common options for on-site generation are natural gas, diesel, and in the not-too-distant future it is likely to include small modular nuclear reactors (SMR) filling that role. While on-site generation may be an effective near-term solution for data center developers, it is safest to assume that power line infrastructure will eventually be brought to the site. Because of these considerations, planning for data centers should include an evaluation of how close a proposed site is to transmission lines and substations, as well as the potential impacts of any related utility projects, as local government is precluded from regulating the location and extent of new transmission lines in most circumstances. With these concerns and the potential local property impacts of adequately sized transmission lines and proposed sites, proximity to transmission lines should be a key if the County chooses to designate areas of the County most appropriate for data center uses (or conversely, how sites not proximate to transmission lines would be served). Water Use Water usage in data centers depends on factors such as their size, computing density, and the cooling systems they employ. Because computing equipment generates significant heat, large-scale cooling is essential. Some cooling systems rely on water evaporation, which requires frequent refills to function. Others use closed-loop systems that recirculate most or all of the water—similar to a radiator—resulting in minimal water consumption. In many cases, data centers combine different cooling methods, including options that do not use water at all. Figure 6 JLARC Figure 5-2 56 12 Modern data centers often use interior cooling systems that minimize or avoid discharges into wastewater or stormwater systems. In cases where cooling towers are used, evaporative processes can concentrate dissolved solids in the water. This concentrated water must occasionally be discharged, introducing elevated levels of total dissolved solids into the wastewater stream. These discharges are not permitted to be directly discharged into the environment and are required to undergo a regulated wastewater treatment process prior to dischargement. Significant quantities of concentrated cooling discharge in the wastewater stream could create treatment difficulties and these issues should be evaluated in cooperation with Frederick Water throughout the rezoning or conditional use process. According the the JLARC report, “…most data centers use about the same amount of water (or less) as an average large office building (6.7 million gallons per year), although a few require substantially more, and some require less than a typical household.” Should a data center seek to utilize a cooling technology that results in higher water consumption, the County’s adopted ordinance and legislative approval process can evaluate and restrict the amount of water to be used. Figure 7 JLARC Figure 5-3 Frederick Water is familiar with the necessary policies and procedures to ensure operations are not a threat to their raw water source, or a liability to the broader customer base, due to existing industrial customers in the Food Manufacturing sector that utilize a significant share of the total water produced. 57 13 Additionally, Frederick Water is constantly evaluating trends related to water consumption and planning to expand its source water supply to meet demand. Frederick County evaluated a preliminary comprehensive plan amendment and rezoning application for a campus/technology park style data center development in the southern portion of the County that requested a maximum of 700,000 gallons per day for their operations. That project was proposed to occur on a property assemblage of roughly 650 acres. As context for understanding what might otherwise seem like extremely large quantities of water, two businesses currently comprise nearly 20% of the total water consumed by Frederick Water customers using on average roughly 1,500,000 gallons per day on a combined 100 acres of land. Noise & Air Pollution Like many other industrial activities, including some already operating here in Frederick County, data centers are a source of noise in communities where they are sited. Data center noise comes in the form of cooling system components such as fans and other equipment, and also from backup generators when they are tested or when a general power outage may require their use. Cooling systems in data centers may produce steady background noise, with certain equipment generating low-frequency sounds that can travel long distances. These lower frequencies may even be sensed physically rather than heard directly. Figure 8 JLARC Figure 6-2 58 14 Backup power systems may also create noise impacts during periods of generator cycling or loss of power. Data centers typically rely on large fleets of diesel generators to ensure reliability during outages, far exceeding the number used in most other facilities. For instance, a hospital may operate only a few backup units, while a large data center may have several dozen. Although these generators are meant strictly for emergencies, they must be tested and maintained on a regular basis, often running for several minutes each month or every week. Furthermore, there are considerations underway to expand the definition of emergency use for these generators by the Virginia Department of Environmental Quality (DEQ). Noise can be mitigated within reason via site design, mechanical equipment placement, acoustical controls, and a variety of other methods. However, depending upon the existing baseline sound levels in the surrounding area it can be very difficult to not create a new impact on adjoining properties. In the Frederick County context this is of particular concern for our rural areas that do not adjoin major roadways or have existing background noise sources. In conversations with experts in the environmental noise field who have been advising staff on previous and future noise ordinance adjustments, it became clear that unless a new source of noise is 10 decibels lower than the existing background noise levels, it is highly likely that a person with average hearing will discern a change in environmental noise. Additionally, the decibel scale is logarithmic and noise is additive, which from a human’s perspective means that 10 decibels of additional noise will sound twice as loud, and it will compound on top of any background noise. In turn, if the existing ambient noise levels on an adjoining property are somewhere between 40-50 decibels, and a data center is constructed nearby that produces 60 decibels of noise during routine operations, those adjoining properties will not only be able to discern a difference in noise, their ambient average noise levels could be double what they are used to, creating a major change in their outdoor experience. This reality is why staff found compliance with the County’s current 70 decibel measure at industrial property lines inadequate for the consideration of new data center locations that adjoin residential uses and supported full consideration via a rezoning or conditional use permit for all new data centers. To that end, mitigating potential noise concerns from data centers will require additional analysis at the forefront of considering a data center rezoning or conditional use permit, and will also require monitoring from County staff throughout the operation of the facilities to ensure compliance. Additionally, given the significant focus on potential data center concerns, care must be taken to not set a different bar for data centers than other industries when considering the overall pros and cons of an individual proposal. Additionally, there is an emerging consideration that Virginia DEQ may revise their definition of emergency operation of backup generators to include planned (scheduled) outage events if notification is provided within fourteen (14) calendar days or less. While this is currently allowed under DEQ air permits for higher tier emergency generators, these changes would expand the definition to include the typical backup generators installed for data centers (Tier 2) which tend to emit more air pollution and be significantly louder than higher tier options. Regardless, the operation of these backup generators can be significant sources of additional noise and air pollution whether during their maintenance cycles or in an emergency. If they are expanded for use beyond typical emergencies provisions should be considered during the legislative approval process for a potential data center in Frederick County to mitigate this concern. Ideally, a data center proposal in Frederick County should evaluate the viability of backup power generation through the use of natural gas, or the highest tier diesel generator feasible for the site. If reliable sources of backup power can be provided via means that produce fewer emissions and less noise, those should also be explored further. 59 15 Visual Impact and Building & Site Design Much like the development of a traditional industrial park, large-scale data center facilities can create challenges related to architectural appearance and visual compatibility due to their considerable mass and vertical scale. These structures are commonly built with solid materials, such as concrete, and feature limited windows or openings. In many cases, they may reach heights of 75 feet or more, with some three story products over 100 feet. Beyond the primary buildings, associated infrastructure—such as emergency power systems, water storage tanks, and electrical substations—can further contribute to their overall visual impact. Figure 9 Equinix DC1 Built in 1998 Ashburn VA 60 16 Figure 10 Equinix DC12 Built in 2017 Ashburn VA Modern co-location and hyperscale data centers being built in their current form are industrial structures that can be difficult to screen and require architectural treatments to avoid monolithic appearance. There are unique approaches through architectural design, screening/buffering, and good site design that can assist with these concerns. This could include varying heights, fenestration, step backs as height increases, and varying facade treatments to break up the massing of these structures. The County can and should expect the highest quality design, as well as a sensitivity to the surrounding land uses. 61 17 Figure 11 Mechanical equipment and back up generators for Loudoun, VA data center Screening the associated mechanical equipment from view creates additional unique challenges as well. Heating Ventilation and Air Condition (HVAC) and backup generators rely upon airflow and adequate space for emissions in order to be operated efficiently. This has driven most screening measures to focus on site placement, louvered screening panels, manufacturer approved enclosures, etc. to mitigate both the visual impact and the potential for noise pollution. It is not uncommon for all associated HVAC equipment to be roof-mounted and screened behind a larger than typical parapet wall or louvered metal screen. Generator enclosures or placement within engineered structures and treatments to emission stacks are common design considerations as well. Context really matters when attempting to address these issues. Depending upon the location of the proposed facility and the topography of the surrounding area, it may warrant viewshed analysis, conceptual renderings, and specific proffered site layouts to mitigate this concern. Economic Impacts Generalized Data centers are widely regarded as strong fiscal generators for local governments because they produce substantial tax revenue while placing comparatively limited demand on many locally funded public services, such as schools, public safety staffing, and transportation infrastructure. Unlike most industrial or commercial land uses, a significant share of a data center’s taxable value is derived from business personal property—specifically high-value computing, networking, and power equipment—which materially increases local tax receipts relative to building square footage or employment levels. The magnitude of revenue generated by data centers varies significantly by locality and is influenced by several factors, including business personal property tax rates, depreciation schedules, 62 18 reassessment practices, and ownership or operating structure. As illustrated below in statewide analyses, jurisdictions that apply slower depreciation schedules and higher effective tax rates generally experience greater long-term fiscal returns from data center development. Figure 12 JLARC Figure 2-5 It is important to distinguish between initial revenue generation and longer-term fiscal performance. Business personal property associated with data centers depreciates rapidly, resulting in a front-loaded revenue profile that typically declines over a four- to six-year period unless equipment is replaced through a technology “refresh.” While most operators historically follow regular refresh cycles to maintain competitiveness and efficiency, the timing and scale of these investments remain market-driven decisions and may be affected by broader economic conditions, supply chain constraints, or changes in technology. Frederick County’s current data center tax rate is $1.25 and the depreciation rate is planned to be adjusted by the Commissioner of Revenue to be comparable to a community in the chart above designated as “Slow” in January of 2026 (1st year 55% 2nd year 45% 3rd year 35% 4th year 25% 5th year and every year after 15%). A hypothetical 200 acre data center campus in Frederick County could generate at least $166 million over 10 years. The average annual revenue would be 6% of the total General Fund budget for FY26. This estimate is based on the current tax rate and depreciation schedule and standard refresh cycle using the Economic Development Authority’s calculations. There is also a limited but notable risk that a data center owner or end user could be exempt from local taxation under state or federal law, which would significantly reduce anticipated revenues. This risk is 63 19 not unique to Frederick County and reflects broader statutory frameworks governing tax-exempt entities and financial institutions. While most data center operators are taxable, this factor introduces some uncertainty that cannot be fully mitigated through local land use approvals. From an employment perspective, data centers generate fewer jobs than many traditional industrial or commercial uses; however, the positions they do create are typically high-skill, high-wage roles in information technology, engineering, and facilities operations. As a result, average wages in the data center sector substantially exceed countywide averages, even though total employment impacts are modest. For example, as of the 2nd quarter 2025, the average wage on all industries in Frederick County is $67,711; whereas the average wage for NAICS 518210 (Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services in Virginia) is $187,605. Taken together, data centers present a distinct fiscal profile: high revenue generation per acre or per square foot, limited-service demands, cyclical but potentially recurring tax receipts tied to equipment refresh cycles, and relatively low employment intensity. These characteristics differentiate data centers from other non-residential land uses and warrant careful consideration when evaluating their role in local land use and fiscal planning. In the Frederick County Context When viewed in isolation, the economic impacts associated with data centers may appear similar to those of other industrial land uses. However, in the context of Frederick County’s long-term capital needs and fiscal constraints, the scale of potential revenue generation becomes more consequential. The following discussion is intended to provide high-level, order-of-magnitude context rather than a detailed financial forecast. The County’s adopted 2025–2030 Capital Improvement Plan (CIP) identifies approximately $308 million in planned capital expenditures for public schools, public safety, parks and recreation, and related facilities. The draft 2026–2031 CIP projects these needs increasing to roughly $394 million. In addition, Frederick County Public Schools’ long-range capital plan identifies approximately $386 million in further capital needs beyond those currently incorporated into the County’s CIP. Two simplifying assumptions are used for contextual purposes. First, existing capital funding sources are not sufficient to address smaller-scale capital projects ($1 - $10 million) without additional revenues. Second, once previously authorized school construction debt for the 4th High School is fully issued, the County’s remaining debt capacity will be constrained for an extended period absent policy changes or new revenue streams. While these assumptions are policy-based rather than statutory, they reflect the County’s current fiscal posture. Against this backdrop, even relatively modest recurring revenue streams can materially affect capital planning capacity. As illustrated by Virginia Resources Authority debt capacity scenarios, approximately $1 million in annual revenue can support a meaningful level of long-term debt service, depending on interest rates and term length. Incremental adjustments to traditional revenue sources—such as real estate, meals, or sales taxes—can generate comparable revenue but may require legislative 64 20 changes, voter approval, or broad-based tax increases. The following table titled Incremental Revenue Adjustment and Resulting Revenue was compiled with the assistance of the Commissioner of Revenue’s office and County Administration in order to determine what resulting revenue could be generated via incremental adjustments to taxation sources. It is worth noting that the Local Sales Tax option is dependent upon State Legislative changes and a possible voter referendum to implement, and in previous legislative cycles has been directed to school capital needs specifically. Data centers differ from other non-residential land uses in their ability to generate substantial net fiscal benefits on relatively small land footprints. Preliminary findings from the County’s fiscal impact modeling indicate that, on a per-square-foot basis, data centers significantly outperform other common non-residential uses such as warehousing, office, or manufacturing in terms of net fiscal contribution. This differential reflects both higher taxable values and comparatively lower service demands. Lastly, the following table titled Cost of Land Use Non-Residential Prototype Land Uses Draft Findings includes the net fiscal impact for a range of non-residential uses per 1,000 square feet. These are only initial estimates from work contracted by the County with TischlerBise in a separate study effort. Based on inquiries received by Planning staff, a typical stand-alone data center structure of approximately 200,000 square feet may require 20 to 30 acres, depending on site constraints. A Local Revenue Source Hypothetical Increase or Set-Aside Resulting Revenue Real Estate Tax $0.01 $1,800,000 Meals Tax 1% $1,900,000 Personal Property Tax $0.01 $143,000 Local Sales Tax 1% $20,000,000 Other potential taxes, fees, licenses include: BPOL fee, Motor Vehicle License Tax, Cigarette Tax, etc. Incremental Revenue Adjustments and Resulting Revenue Non-Residential Land Use Net Fiscal Impact per 1,000 Square Feet Retail $4,965 Office $3,315 Industrial: Warehouse $890 Industrial: Manufacturing $2,509 Industrial: Data Center $6,852 Lodging $3,033 Cost of Land Use Non-Residential Prototype Land Uses Draft Findings 65 21 development consisting of two such facilities could generate an estimated net fiscal benefit in excess of $2 million annually. Achieving comparable square footage or fiscal impact through retail, office, or manufacturing development would generally require substantially larger projects, greater infrastructure investment, and market demand that is not currently evident in Frederick County. At a broader scale, a large campus-style data center development—if fully built out and operated over time—could generate revenues comparable to those produced by significant tax rate increases or other major revenue initiatives. While such projects should not be viewed as a singular solution to the County’s capital funding challenges, they represent one of the few land uses capable of materially influencing the County’s long-term fiscal capacity. Lastly, in order to meet the needs expressed in the County’s draft CIP ($394 million) via obligated debt using a 4% interest rate and a 30-year term, about $23 million would be needed annually to service the debt. A 13-cent real estate tax increase could meet that goal ($23.4 million), maxing out the state allowed meals tax by increasing it from the current rate of 4% to the 6% cap could provide $3.8 million lessening the reliance on real estate, and a sales tax option if authorized could nearly meet the amount in question but would likely be restricted to school capital. Also, it bears noting that the additional $386 million in 10-year school capital needs would not be addressed under these scenarios. A campus style data center project greater than 400 acres could likely achieve a similar amount of revenue as well. Ultimately, data centers present Frederick County with a land use option that offers unusually high fiscal efficiency but also introduces unique considerations related to infrastructure, environmental impacts, and community compatibility. These tradeoffs underscore the importance of evaluating data center proposals not only through an economic lens, but within the broader context of land use policy, infrastructure planning, and long-term community goals. 66 Planning Commission Agenda Item Detail Meeting Date: January 7, 2026 Agenda Section: Other Title: Current Planning Applications Attachments: 67