Although the Spotsylvania County Board of Supervisors voted Tuesday to implement design standards for data centers, some members aren’t backing down from their belief that a special use permit (SUP) is the most effective way to handle the massive projects.
Tuesday’s vote was 4-3, with Vice Chair Lori Hayes of the Lee Hill District, Jacob Lane of the Livingston District and Chair Chris Yakabouski of the Battlefield District voting against the standards.
The trio, which is outspoken in favor of an SUP, will have another supporter join the board next month after David Goosman, the newly elected representative of the Berkeley District, takes office.
Yakabouski hinted that the issue could come up again in the near future.
“I’ve been pushing for an SUP and will push for an SUP next month,” Yakabouski said. “I think that is the way to go. A one-size-fits-all does not work. I will tell you the downside to design standards is design standards apply to everything … If you want less government and less hurdles from the governing body to the private sector, you would not implement more hurdles.”
The design standards the board approved include 300-foot vegetated buffers and 400-foot setbacks from data centers to residential properties, as well as public and private schools, places of worship, hospitals, parks and childcare facilities. The revised ordinance is effective immediately and exempts any property with a zoning map amendment approved between Jan. 1, 2022, and the date of adoption, which was Tuesday.
Yakabouski said the design standards aren’t a good idea because some rezoning applications may be denied if they don’t meet the exact requirements, even if they’re positive for the county. He also said residents deserve to know what’s going on around them and to have their voices heard during public hearings for SUPs.
“I don’t want to implement something and put something in place that future boards can use to beat over the head of the private sector,” Yakabouski said. “I will tell you an SUP is the way to go. I will say it until I’m blue in the face and my board members are tired of hearing it, but that will not stop me because I think it is the best thing, not only for our residents but for a business that comes into the county … I believe there’s a better way to do it and I’ll be bringing that up next month.”
Yakabouski, Hayes and Lane were outnumbered in their opinion by Gerald Childress of the Chancellor District, Deborah Frazier of the Salem District, Drew Mullins of the Courtland District and departing Berkeley representative Kevin Marshall.
Childress said the design standards are the way to go because “the developer knows the game-plan.”
“I just feel the design standards gives everyone the playing field,” Childress said. “It protects our citizens the most over an SUP because an SUP is the will of the board.”
Yakabouski noted that every data center the county has approved so far came by way of an SUP, and no applicants were denied.
But Mullins said major developers need the “predictability” of design standards rather than the uncertainty of an SUP “when you’re talking about billions of dollars of investment and hundreds of millions of dollars of commitment.”
“Knowing that we can breathe easy if we show up with something that works within this framework [is important for developers],” Mullins said. “We don’t have to worry about four votes changing their minds and saying, ‘No, you can’t be here.’”
Yakabouski said he’s concerned in large part because Loudoun, Prince William and Henrico counties all did away with by-right data centers and all now require SUPs. He said those counties have more experience in dealing with the industry, so Spotsylvania officials should take heed.
He also said that data centers may not generate the income that developers promise, saying that it’ll take at least five years before any of that revenue can be factored into the county’s budget. He said other industries and businesses promised similar results, and none helped decrease the tax burden on residents.
“Let’s stop hooking our wagon to what we think is going to be the end-all for everything and let’s do a better job with what we have in front of us,” Yakabouski said.
Charlie Payne, an attorney representing data center developers in the Fredericksburg area, spoke during the public hearing. Payne said the county should be careful in its approach to restricting data centers because developers will look elsewhere. Payne said no data centers are operable in the county yet, but they’re already being blamed for increasing water and electricity bills.
“This is the most significant investment not only in this county, but in the Commonwealth of Virginia and arguably in this country,” Payne said. “We’re lucky to have this. There are a lot of jurisdictions that would love to have our problem.”
In other business, supervisors lauded Marshall for his service, which included two terms on the board, spanning from 2018-25. They presented a plaque to Marshall, who started his career in public service as a firefighter and is now the county’s business development manager.
Later in the meeting, Hayes requested the board examine whether departing supervisors should be permitted to vote on major policy decisions. The board agreed to explore a policy similar to one in place in Stafford that restricts “lame duck” supervisors from voting on major issues such as a rezoning application.
Frazier and Childress immediately expressed disapproval of the proposal, with Childress saying Spotsylvania should set its own standards for others to follow and not look to Stafford or any other county as its model.
Frazier said if Hayes’ suggestion was widespread throughout the state, she might be more agreeable to it. She also said that if Hayes only heard concerns from a handful out of 150,000 constituents, then the topic may not be worth examining.
“When we’re elected, we’re elected for a term and a term is four years, and we have every right … to exercise that time limit,” Frazier said. “And, so, I would caution us to think about making a decision like this without doing the research.”
The topic is set to be revisited at the Jan. 13 board meeting.
