Items on the Spotsylvania County Board of Supervisors’ consent agenda are typically approved in bulk with little or no discussion.
But Item No. 13 at this past Tuesday night’s meeting was pulled by Supervisor Drew Mullins of the Courtland District, and he and his fellow board members proceeded to debate it for more than an hour.
The conversation was about design standards for data centers, particularly the required setbacks for the facilities from residential property lines, schools, churches, hospitals, daycares and parks.
The board voted 7-0 in August to suggest 1,000-foot setbacks from those locations, but, as Supervisor Lori Hayes of the Lee Hill District put it, some supervisors may be experiencing “buyer’s remorse.”
Hayes noted that the board seemed to be unanimous in recommending the setback distance, but Mullins said Tuesday he was only attempting to be supportive of Hayes in having the conversation about that requirement.
“It’s not buyer’s remorse on my part,” Mullins said. “This was a discussion about [a special use permit] at the time. One of the things we talked about is, ‘Why penalize data centers?’ If you want to do an SUP, let’s do it for everything in [Industrial-1 or Industrial-2]. That was shot down. No one wanted to do that.”
Supervisor Deborah Frazier of the Salem District said she’s also not having buyer’s remorse about her vote, but she’s had a change of heart after reflecting on her previous decision. She also listened to a property owner who was not in favor of 1,000-foot setbacks. Frazier said it would be “irresponsible” not to take advantage of the revenue data centers provide for future generations.
“I did not realize that the message that we’re sending to our data centers is that, ‘We don’t want you,’” Frazier said. “So, I’m being reflective and that’s not necessarily buyer’s remorse. It is responsibility on my part. So, if this comes across as anything other than being reflective and responsible, then those of you who have that feeling, I don’t know what I can do to impart to you that I’m going always going to operate from that lens.”
The board voted 6-1 not to advertise a public hearing for a zoning code amendment related to data center development, which included the 1,000-foot setbacks. Instead, County Attorney Karl Holsten recommended the board hold a joint work session with the planning commission to hammer out data center regulations once and for all. The board accepted Holsten’s recommendation and scheduled the meeting for Oct. 28.
“Respectfully, we thought we were there with the previous work session when you all authorized the 1,000-foot,” Holsten said. “I understand you all have changed your mind and you’re allowed to change your mind … Respectfully, you have to go through the process again.”
Board Chair Chris Yakabouski of the Battlefield District cast the lone dissenting vote against not approving the prior authorization. Yakabouski’s view is opposite to Frazier’s. He said it would be neglectful to prioritize future revenue over current residents.
“I’m not going to sell out our citizens for the hope of dollars in the future,” Yakabouski said. “I’m not going to do that. It is not right. It is not moral, and it is not what my vote is going to do. That’s why I think an SUP is the way.”
In other business on Tuesday, the board began discussions about its legislative priorities to forward to state representatives in the General Assembly. The long list includes taxation and regulation of vape products, Interstate 95 improvements, rural road funding, supporting school choice legislation, reducing the 45-day early voting period, and increasing penalties for voter harassment, among other concerns.
The board talked about reducing the list to five and potentially partnering with other localities with common interests to push legislation forward.
Yakabouski said the 45-day early voting period is too long and stretches resources.
“We need to get back to a voting day and not a voting season,” Yakabouski said.
Frazier, who is the chief academic officer for Spotsylvania County Public Schools, voiced concern about the support of school choice. She said that if tax dollars follow students to private schools, that could lead to a reduction in staff for the county’s public schools.
“For three students who leave, that could possibly be one [full-time employee],” Frazier said … “We are struggling already to support public education and all the things that come with it.”
