A tied vote was a win for the data center industry in Spotsylvania County.
After a public hearing Tuesday night, the Spotsylvania Board of Supervisors deadlocked 3-3 on requiring a special use permit for data centers in the Industrial, Commerical, Office and Village zones.
The planning commission recommended by a 6-1 vote last week to allow data centers by-right in the Industrial district and by special use permit in all other zones.
Supervisor Jacob Lane of the Livingston District made a motion to require a special use permit in all zones until design standards for the industry are complete. Lane, Lori Hayes of the Lee Hill District and Chris Yakabouski of the Battlefield District supported the motion.
Gerald Childress of the Chancellor District, Drew Mullins of the Courtland District and Kevin Marshall of the Berkeley District voted against the motion. Deborah Frazier of the Salem District was absent.
Childress said he is against an SUP because the county pursued the data center industry since 2018, and now “I feel like we brought them here and we’re changing the game.”
Childress said he agrees with the planning commission that if an SUP is required, it should be in the Office, Commercial and Village zones.
“I think that most of them are looking to be great partners in the community to not only bring revenue but to train our community to be able to have jobs moving forward,” Childress said. “It’s not just working in the data center, it’s construction of the data centers that they’re training them how to do, and that’s a great program for these kids.”
Data centers bring plenty of tax revenue, but detractors, including many who spoke out at the public hearing Tuesday, express concern about the amount of water and electricity they consume.
“I believe special use permits is the only way to go forward short-term with data centers,” county resident Dick Szymanski said … “There is, from what I can see, no power from local authorities to limit or control the risks of the data centers without acts from on high which are completely out of our control.”
Hayes said she is concerned that the by-right process squelches the voices of residents who may want to address issues they have with a data center being built near them.
There are currently four data center projects in the works throughout the county. Another three developers have projects approved but are in flux between building a data center or some other type of warehouse, said Kimberly Pomatto, the county planner.
“There is no denying that there is a value that they bring,” Hayes said. “We’re not debating that. What we’re debating right now is having an SUP provides these people here and at home an opportunity to weigh in on something that’s very large, that will impact them. Without an SUP, they do not have a voice.”
Yakabouski, the board chair, said he does not agree with the argument that an SUP is more regulation on data centers because the projects that have gone forth in the county required a stringent rezoning process, and developers were willing to endure it.
“I just don’t buy that it’s going to be a hindrance,” Yakabouski said of an SUP.
Yakabouski also said that he’s learning from other counties in Virginia that have been involved with data centers longer than Spotsylvania.
He cited Loudoun County, which recently changed its stance and is no longer allowing data centers by-right.
“When I heard that Loudoun got rid of by-right use, that tells me something,” Yakabouski said. “That says to me the by-right use is something that we really need to take a look at because we don’t know what it’s going to look like.”
