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Board adopts narrow grandfathering for five data-center projects after public concern over "related" language
Summary
Stafford's board adopted a revision to the data-center ordinance (O25-29R) that preserves pre-Oct. 21, 2025 approvals for five projects but replaces an ambiguous phrase with "directly attributable to the approved project" after public and Planning Commission concern about loopholes.
The Stafford County Board of Supervisors voted Dec. 2 to amend the county's data-center regulations to explicitly grandfather certain projects that obtained approvals on or before Oct. 21, 2025, and to tighten ambiguous language that raised public concern.
County planning staff said the proposed ordinance O25-29R would "permit grandfathering for data center projects receiving reclassification or conditional use permit approval from the Board of Supervisors or site plan approval on or before 10/21/2025." Staff listed five projects the county intended to preserve under the earlier rules: Stafford Technology Campus, Potomac Church Tech Center, Centerport Gateway (Pemberton), Vantage (Melrod) and Cranes Corner Data Center.
During the joint public hearing with the Planning Commission, commissioners and residents pressed staff on a clause that would allow "related existing and future applications and development plans" to proceed under older standards. Planning Commissioner Apicella and several public commenters warned that the word "related" was overly broad and could allow future expansions or parcel acquisitions to be governed by the older rules. Planning Commissioner Apicella proposed alternate language to require that any future applications be "directly attributable to the approved project." He read the alternate phrasing into the record and said it would provide clearer limits on grandfathering.
Multiple residents echoed concerns that the original wording could create a pathway for larger expansions or for developers to acquire adjacent parcels and claim they are "related." Speakers called for grandfathering to be limited to projects that have actually obtained vested rights under Va. Code 15.2-2307.
The Planning Commission voted 6-1 to recommend the alternate language. The Board accepted that recommendation and adopted O25-29R with the amendment (removing "related" and inserting "directly attributable to the approved project"). Chair Deonte Diggs and others emphasized the intent to preserve fairness for applicants who had already secured approvals while avoiding an open-ended loophole. The board vote to adopt the revised ordinance passed unanimously.
Board members asked staff to clarify in the final ordinance how "diligently pursued" and vesting deadlines would be interpreted in practice and to track whether future proffer or site-plan amendments exceed the grandfathered limits. The adopted change preserves the listed projects' ability to proceed under the pre-Oct. 21 rules while narrowing the language that had drawn public concern.
