Planning Commission - Regular Meeting

The audience alike would stand for the Pledge of Allegiance.

everything that's happening, Father, and that we would just be wise in the decision-making process. In Jesus' name we pray. Amen.

Okay, we do have a quorum. I thought Dr. Bell would be here, but it looks like he might be late or absent. So we move on to the review and approval of the minutes of August 5th. Anybody have any additions or deletions? Seeing none, I entertain our motion to approve the minutes of August 5th. Any discussion? Can we have a vote?

I missed who made that motion. Did someone make the motion?

I think I did. Oh, okay. Yeah, we don't need seconds anymore.

Oh, hey.

Dr. Bell, good evening to you. Okay reports of standing committees, mr. Wood I Think you I think you probably missed the last Transportation Committee because your surgery and so Yes Fundamentals I Didn't I didn't get that the vote was complete. Well, come on try it again. I You know, I'm just kind of curious. At the Board of Supervisors meeting, the numbers at the top show up. Ours do not for some reason?

That's OK. Could the vote be displayed, please?

What did she say?

It looks like we're having some technical difficulty. It's not. Yeah.

Not working.

We're going to do a roll call. OK. Mr. Wood?

Aye.

Ms. Fergoso? Aye. Mr. Grinnell? Aye. Mr. Phelps? Aye. Dr. Bell? Aye. Mr. Bullock?

Aye. OK. So we have no committee reports?

Correct. The next meeting is tomorrow evening. OK.

All right. Generally right about here. I asked the commissioners if there's anything specific in your district that you'd like to bring up or for the countywide in the issue. Mr. Wood.

Well, I know staff will cover it as well, but no, there's there's feedback there. There's also a meeting for in the Berkeley district concerning a development as well. I'm sure staff will talk about. During their report, that's tomorrow night for people to be aware of. Okay. Mr.

I just want to mention we had a community meeting Thursday night on the Harefield property, which is in reference to 128 single-family detached homes and commercial space. So that application will come forward to us soon.

Okay. Mr. Bullock? Dr. Bell?

Mr. Phelps?

Okay. The only thing I have, I'm going to ask the planning department, to take a look at County Code Section 23-6.28.6. It's the parking ordinance for condos, apartments, and town homes. Ask y'all to take a look at it and check and see how we stand by the other localities and if there's any need to change it plus or minus and bring it back to us in the second meeting of October, if you could. All right. Thank you. Okay. Mrs. Pomato, plan an update, please.

Thank you, Mr. Chairman. Your next meeting is Wednesday, October 7th at 6 p.m. in this room. That will be your public hearing for the five-year comprehensive plan update. That's the only item on your agenda that evening. And as Mr. Wood noted, there is one community meeting. It is scheduled for tomorrow night at 6 o'clock, located in the multipurpose room of Thornburg Middle School. This is to discuss a case that has been pending since 2020. It's identified as Thornburg Commons. It's a rezoning to allow for no more than 190 single-family detached dwellings. That property is located on the south side of Morris Road, right adjacent to the west of Tavenier subdivision. And that concludes my announcements, Mr. Chair.

Okay. We have a request.

I didn't look at my papers.

Thank you. To adjourn into closed session. Whereas the Spotsylvania County Planning Commission desires to adjourn into a closed meeting for consultation with legal counsel employed by the county regarding specific identifiable legal matters and legal questions requiring the provision and receipt of legal advice by and from such counsel, specifically regarding legal statutory procedure under Virginia Code section 15.2-220. the statutory duties and rights of the Commission under Virginia Code Section 15.2-220 and probable potential litigation. Whereas pursuant to the Code, such discussions may occur in closed sessions. Now, therefore, be it resolved that the Spotsylvania County Planning Commission does hereby authorize discussion of the afore stated matters.

Mr. Chairman, if I could just add, those code sections specifically that we must cite are 2.23711A7 and 2.23711A8. Okay. Thank you. Thank you. All right.

So we have a motion to adjourn the closed session?

I'll make that motion.

Okay. All right. All in favor?

Aye. Aye. Aye. Aye. All right.

Bobby Joe.

Yes, Mr. Chairman, I'd like to read your motion and resolution to return to open meeting. Whereas the Spotsylvania County Planning Commission has convened a closed meeting on the 16th day of September 2026 pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act, and whereas Section 2.2-3712D of the Code of Virginia requires a certification by this commission that such closed meeting was conducted in conformity with Virginia law, including but not limited to the best of each Commission member's knowledge that only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed, or considered in the closed meeting by the Commission. And it's important now, therefore, be it moved and resolved, that the Spotsylvania Planning Commission hereby returns to open meeting and certifies by a roll call vote that Ms. Mann will take that to the best of each member's knowledge, only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion to convene into closed meeting were heard, discussed, or considered in the closed meeting. I yield to Ms. Mann to take the roll call vote.

Mr. Wood?

Aye.

Ms. Fergoso? Aye. Mr. Grinnell? Aye. Mr. Phelps? Aye. Dr. Bell? Aye. Mr. Bullock?

Aye. Okay. We have a public hearing, SUP 26-0005 for Tabernacle Church. Do I have to declare this open now while y'all are doing the presentation? OK. The public hearing is now open for SUP 26-0005. Matthew, thank you.

Thank you. Uh, good evening everyone. Um, this is the staff presentation for 26, 0, 0, 0, 5, which is the tabernacle church all things Academy located in the chancellor district. Um, can I get the floor computer please? The applicant requests a special use permit to allow for the enrollment expansion of an existing private school operating under conditional use permit CP 94-08 from 60 to 100 children on approximately 3.29 acre parcels zoned Residential 1. Staff recommends approval with recommended conditions. The site is shown here is on in green and is located at 7301 Old Plank Road. The property is located across from the intersection of Old Plank Road and Rocky Run Road. Properties surrounding the parcel are characterized by single family detached subdivisions, including Ashley Park and Ashley Ridge to the north, Falcon Ridge to the south and Ashley Park south to the west. Um, see, on this on this on the zoning map here, the subject property and the adjacent properties south of the plank road or zone are 1 and then north of old plank road. Um, they're zoned to and rural. And on the future map, um, both the subject parcel and the surrounding properties are zoned or are, um, they've been, they've been designated as, uh, low density residential. So again, the applicant requests a special use permit for the enrollment expansion from 60 to 100 children. This private school currently operates from 6 a.m. to 7 p.m. Monday through Friday, with at least one adult present for each 15 children as per the conditions of CP94-08. With staff's recommended conditions, these conditions Current conditions would remain in place. However, the maximum student and enrollment condition would expand from 60 to 100 students. As a part of this request. As a part of this request, no additional buildings or development is proposed, and the proposal is expected to generate an increase in traffic of about 70 vehicles trips per day, with 30 trips during the a.m. peak hour on Old Plank Road. However, these trips are not expected to cause any significant additional congestion or hazards on the road. On the slide, you will see the STP standards of review as outlined in Section 23-4.5.7 of the ordinance. STPs must satisfy these eight standards of review. These pertain to compliance with the comp plan, being harmonious with the character of the area, and others. Overall, staff finds that the project satisfies these eight standards of review. Um, for project strengths, um, the proposal is in accord with the comp plan and other official plans that that are adopted that are adopted by the county. The proposal satisfies all of the standards of review as established in the ordinance. And the proposal is business friendly. And for project weaknesses, the proposal is expected to generate an increase in traffic of about 70 vehicle trips per day and 30 during the AM peak hour on Old Pink Road. However, these additional trips aren't expected to cause any significant congestion or hazards on the road. Staff recommends approval of the request with the following conditions. That the normal hours of operation shall be limited to Monday through Fridays, 6 a.m. to 7 p.m. And the maximum enrollment shall be 100, with at least one adult present for each 15 children. And lastly, that in 60 days of the approval of the SEP, the owner slash applicant will apply for an educational occupancy building permit For the maximum of 100 students, and that is the end of staff's presentation. The applicant is here and I'd be happy to answer any questions.

Okay, any questions for Matthew.

Mr. Wood? I just had one out of curiosity. The 1 to 15 ratio, just curious how that number came up with. I was just looking at the state recommendations for daycares and schools, and it's a little bit different. So I was just kind of seeing if you guys are kind of in the middle or how that number came about.

That would be a good question for the applicant. I know this was established back in the 1994 conditional use permit, so we're just sticking with that. But the applicant might be aware of it.

Any other questions from the commissioners? Okay. Is the applicant here to speak?

There's a button on the mic.

Just state your name and address, please.

Melanie Paxson.

Okay.

Yes. Continue yes, so we are Unique in that we have smaller cohorts. So that's where that number came from. So we've got pair of professionals and Our regular general ed teachers that we came up with those numbers for the 1 to 5 15 Is that all I thought I was just answering his question.

You can answer the question, but anything you want to present on behalf of Tabernacle Church?

Yes. OK, please. We have been functioning within this space for since July of 2022. So we started with 22 students and we are seeing the increase in the need and. desire for what we have to offer and in that we've been on a waitlist so in upping our building occupancy this is a first step to rezone and amend the special permit use that I think it was granted in 94 I believe was the original special for preschool prior to us coming in okay any questions for the applicant

Pardon? Okay. Mr. Phelps.

Uh, has there been any discussion as far as, like, long term planning? So, if you projected from, say, 1994 till now, and then now you're asking for this extension, is there any room for further expansion after you've reached the 100 or no, we would not go above 100. okay.

Okay.

Any questions.

All right, anybody from the audience would like to I do have a sign-up sheet I can call the names that signed up. Okay, please First to sign up was Daniel Pemberton followed by Robert Tubbs Daniel good to see you.

Okay, I My name is Daniel Pemberton. I'm chairman of the trustees of Tabernacle United Methodist Church. And we as a church are here tonight to hope you will approve the application amendment to moving this student number to 100. THE ACADEMY, WHICH IS ALL THINGS ACADEMY, HAS BEEN WRITTEN FROM US FOR THIS WILL BE THE FIFTH YEAR. AND, OF COURSE, AS TIME GOES ON, THERE'S MORE AND MORE STUDENTS WANT TO COME. AND LIKE SHE JUST SAID, WE ARE AT A MAXIMUM PROBLEM AT 100. SO WE ENCOURAGE YOU TO TAKE THIS AND GIVE THEM THE PERMISSION TO PASS THIS SPECIAL USE PERMIT. THANK YOU.

Robert Tubbs followed by Lauren Tubbs. Is there a Robert Tubbs?

I don't think anybody's here for that.

Lauren Tubbs, Diane Foster followed by Chanel Smithson. haley grimes i had no idea what she said she said that they signed the wrong paper so they may i have a lot of signs okay is that everybody okay last chance everybody from the public to speak on tabernacle method

form at this time. Please rise and step up. If not, the applicant has a chance for a rebuttal. No rebuttal? Okay. Close the public hearing. Any comments from the board? I'd just like to say I've known numerous people from Tabernacle Methodist. Even though I attend a Baptist church now, they've been there for years, been good for the community. My friend Alan Thorburn was very active there. I miss dearly. And I think I'm very supportive of Tabernacle Church and Dr. Bell, Pastor Bell.

Mr. Chairman, Tabernacle Baptist Church is a few blocks away from the church I pastor. As you know, I pastor Mount Hope Baptist Church. We've had a great relationship with them throughout the years. This year, we had a wonderful joint session of the Easter service. THIS IS A CHURCH OF HIGH EXPERTISE AND QUALITY AND I'M EXCITED THAT THEY'RE MOVING FORWARD AND HELPING OUR YOUNG ADULTS AND YOUTH AND YOUNG FAMILIES FIND QUALITY DAY CARE AND A GREAT SCHOOL. SO I'M EXCITED ABOUT THIS PROJECT ALSO.

ARE YOU MAKING A MOTION TO APPROVE THAT?

WITH THAT BEING SAID, I WOULD LIKE TO ACCEPT STAFF'S RECOMMENDATION FOR SUP 26005 FOR FURTHER CONTINUOUS TO THE BOARD OF SUPERVISORS.

Okay. Any discussion? With conditions. With conditions. Any discussion? Mr. Wood?

Yeah, I just want to say I'm glad to see churches expanding opportunities for young people in education and schools. I know my church has started one about a year ago, and so I think it's a great way to continue to grow relationships in the community if churches get involved in education of students as well.

Okay, thank you. Anybody else? Paul, I was just curious, while we were in the back, did the things get fixed? Okay. Roll call vote at this time, then.

Do we have a second?

We don't need a second any longer. Mr. Wood? Aye. Mrs. Fergoso? Aye. Mr. Grinnell? Aye. Mr. Phelps? Aye. Dr. Bell? Aye. And Mr. Bullock?

Aye. Okay unanimously All right next public hearing This is a vote only so dark This is not a public hearing so you don't need to open. It's just under All right, we have a vote on Crossroads technological campus 2232 of the comprehensive plan review Is there any presentation from the board, from the planning commission on this? Okay.

Floor computer, please. Thank you tonight's action that we have requested for the planning commission is focused on the crossroads technology campus. This is a data center campus that is being considered this evening for a public hearing. That's specific to the special use permit application. Um, this action item here, prior to the actual public hearing for the special use permit involves a code of Virginia section 15.22232 consistency review for comprehensive plan consistency, having to deal with electrical infrastructure, specifically the substations on site with this project, this proposal and the presentation I'm about to go through here. I wanted to be clear is not a public hearing. The public hearing will follow this as it relates to the larger data center campus and the entirety of the proposal. That falls under a special use permit application. This, as Planning Commission is likely familiar and members of the public, if you are or are not familiar, it has to do with a general consistency analysis looking at our comprehensive plan as it relates to electric infrastructure having to do with general location, approximate location, character and extent. of the comprehensive plan. So just giving an overview, procedurally 2232 reviews are typically paired with rezoning or special use permit applications and appear before the planning commission during public hearing at which time the commission votes on 2232 compliance prior to the vote on the enabling request. And that's what's happening this evening. Again, like I said, we have the action item here on the 2232 consistency followed by the special use permit. The 2232 review itself does not require public hearing. The Planning Commission is tasked with making a determination. The requested Planning Commission action concerning on-site electrical infrastructure, particularly substations, is the scope of the request. We note that this 2232 review is not a request to consider the entirety of the Crossroads Technology Campus proposal. The special use permit, as I had stated earlier at the first slide at the outset, will follow this evening and the opportunity for public hearing and comment will be at that time. Electrical infrastructure, particularly substations, are needing to serve the proposed use at the Crossroads Technology Campus. Again, it's a data center proposal. Substations are typical with those type of uses. The Planning Commission must review the proposed electrical infrastructure, particularly the substations necessary to support the data center on site in accordance with the Code of Virginia to determine whether the facility's general location or approximate location, character and extent are substantially in accord with the comprehensive plan. As this is a comprehensive plan, I want to note that the comprehensive plan is a guiding document without the regulatory authority of an ordinance requirement. And we note this guidance tends to be general and findings are based on an unbalanced analysis of our comprehensive plan guidance concerning location, character, and extent as established based on comprehensive plan policies and text descriptions within the plan. So this is an overview of the Crossroads Technology Campus GDP. Obviously, we'll go into more detail on that as you go through the public hearing this evening. Kimberly will go through the various aspects of the GDP. As it relates to this request for this action item, the main focus here is the substation locations. There are three of them located on the GDP associated with Crossroads Technology Campus. the two substations that we find here are we understand from the applicant are likely to be the first or earliest constructed substations on site they are east of saint jude catholic church the generalized development plan includes a 300 foot depth vegetative buffer on site for distance and screening between the substations and the church and i also note that this buffer also extends along eagle drive frontage as well that's a public road So visibility is obviously a concern there. With Lee Hill School Drive, the project does have limited frontage along Lee Hill School Drive. However, the land that is within their control is all under vegetative buffering as well. I believe the remainder is in VDOT right, if I'm not mistaken. The other site here, the other substation, there's one here located along the RF&P Railroad corridor or also it's operated by CSX Freight Rail now. This substation site is buffered with a roughly 25 foot tall railroad embankment along Benchmark Road and is on the east side of the campus adjacent to the rail corridor. I'd also note within that rail corridor, within the rail right-of-way, there is a forest cover buffer within that actual rail right-of-way that if you were looking at Benchmark Road, you'd see the elevated rail corridor, but you'll also see a tree line above that. A lot of that forest vegetation is actually within the rail right-of-way on the embankment on the western side of that embankment. So a little bit of guidance from the comprehensive plan, looking again at those policy statements and text descriptions within the document to see how we relate to location, character, and extent with this particular proposal. I want to focus firstly on utilities, telecommunications, and internet infrastructure language that you can find in the land use chapter. Utilities and telecommunications infrastructure and service reliability is critical in the modern day with application in many areas, including personal use business, public safety and education provision of both publicly and privately administered utility infrastructure to serve the citizens businesses public service. Including 1st responders of spots mania county requires a geographically expansive network of utility infrastructure. that includes all land use designations both inside and outside of the primary development boundary. Considering the nature of utilities and telecommunications infrastructures, proposals for these types of facilities should be measured based on the merits and ability to mitigate their impacts. As it relates to analyzing the proposed substations related to general location or approximate location, our findings are that location is within the primary development boundary and the comprehensive plan establishes preferences for the primary development boundary to be the prime location for data center projects. That was a comprehensive plan policy that was established for data centers a couple of years ago when data center policies were added to the land use chapter. Substations are located on data center campuses are not atypical due to power demands. Data centers are a targeted industry within Spotsylvania County and I believe that goes back to 2011 or 2012. Substations and other electrical infrastructure are necessary to make these uses viable. The requested accessory substations necessary to develop a data center and campus are in support of the comprehensive plan with respect to fiscal policies and economic development interests. Utility and technological enhancements in the area, such as dark fiber, provide prospect of additional community benefits consistent with county telecommunications, utilities, and internet service goals. Per power companies that we've discussed with having meetings with Dominion Energy and REC, these type of infrastructure enhancements are actually considered to help strengthen and armor the grid when you add additional substations and things of that nature. The plan recognizes that need for utility services extends across the county geographically to include urbanized and rural locations, enhancements to such infrastructure are generally supported. So this is a map look at the county's future land use map as it's presently adopted within the comprehensive plan. This last update of the comprehensive plan, the last five year update occurred back in 2021. The comprehensive plan has had subject matter specific amendments up through 2024. This looks at the primary development boundary outlined in this bold black line that you can see here running kind of east and west of I-95, as well as the Spotsylvania courthouse area. The project is located centrally within the primary development boundary. One thing that we've also added what's currently adopted in a text described is the land use overlay outside of the primary development boundary, which we've received direction from the planning commission in the board with the conference of plan update that's underway to ultimately scale back. However, this land use overlay is still presently adopted as it is right now. No matter in this specific instance, because this proposal is located within the primary development boundary. Additionally, for general location or approximate location, over 450 acres are zoned for industrial development and have been since the 1970s and this is the area in which the data center campus footprint is proposed within the industrial portion of that. The proposal is not expected to deviate or upset the character development that one might expect from a by right industrial development upon industrially zoned acreage that could take the form of a large industrial plant or a collection of various industrial users in an industrial park setting. For buy-right industrial development, I wanna note that that's a market-driven proposal that we see. There are a wide array of potential uses that could develop as a buy-right scenario as the property is currently zoned. Their property has industrial one and industrial two zoning in place. And I wanted to note that buy right industrial potential here includes uses such as industrial flex, industrial type one, which is described, industrial type one is described by the zoning ordinance as production of paints, oils, pharmaceuticals, cosmetics, solvents, lumber yards, many warehousing establishments, outdoor storage yards, scientific research and development establishments, warehouses. a variety of commercial uses, vehicle light and major service establishments, animal shelters, eating establishments, outdoor or indoor commercial recreation facilities. Those could all be developed by right market driven and only need to comply with the existing zoning ordinance, code of ordinances and the county's design standards. They don't have additional oversight beyond meeting codes. These are uses that can establish in this site. Again, it tends to be market driven and these applicants come to us with these potential uses. Under the industrial two zoning, in addition to all those, the kind of set of uses that I've introduced under I-1, There's also the opportunity for industrial type two development in the industrial two property as zoned. That would include industrial type, type two industry which includes production from raw materials, large scale assembly line or similar manufacturing, manufacturing of chemicals, rubber, wood or wood pulp, forging, casting, refining, production of motor vehicles and manufactured homes or all potential uses that could develop in this site industrially. as it's zoned presently. The special use process offers the ability to further consider and mitigate impacts associated with the proposed data center specifically with results that exceed minimum codes and standards while also contemplating comprehensive plan-based policies. We don't have the oversight with comprehensive plan policies and conditions under a by-right scenario. In this particular case, there is additional oversight obviously introduced through this public hearing process specific to this use. By-right industrial development need not consider comprehensive plan policies and need only meet required codes and standards for site development aspects, including but not limited to setbacks, buffering, sound, and lighting. Data centers are best fit to the comprehensive plan employment center land use designations based on their descriptions and land use policies. Employment center land use designations are focused on industrial development, office parks, and secondary commercial type of uses. The proposed use and accessories like substations are proposed within a mixed use land use area. The mixed use light and mixed use general land use designations as designated in the comprehensive plan. While the proposed data center campus nor the existing industrial zoning classification are best fit to mixed land use policies, we do note that commercial and office zoning have been identified as complementary zoning districts to mixed use designations via the zoning to land use compatibility table as identified as complementary and that table is within the comprehensive plan that's presently adopted. Both types of zoning designations also allow the potential for data center development via special use permit as we're considering here with the industrial zoning. The extent of substations necessary to serve the use are being designed and constructed in consultation with power suppliers, such as REC and Dominion Energy, who are subject matter experts on their sizing, design, and construction parameters. Project setbacks, vegetative screening, and noise mitigation associated with the special use permit application are expected to reduce impacts of substation infrastructure associated with community character. This is a location and character consideration. For character, accessory substations necessary to develop a data center campus are consistent with the intent of the primary development boundary where data center developments are preferred per land use policy. The most notable character impact concerns with the substation have to do with visual impacts that staff have noted from the east in the area of Benchmark Road. This has been outlined in our 223 review and the special use permit staff report as well. Project setbacks, vegetative screening, and noise mitigation associated with the special use permit application are expected to reduce impacts of substation infrastructure associated with community character. And that's tied to consistency with the generalized development plan that the applicant has proposed as well as any conditions if the planning commission decides to move forward with an approval of a case subject to conditions. Those are intended to ensure those medications occur. Proposed electrical systems upgrades are not expected to be out of character with the area or with the proposed use, especially when considering the long established industrial zoning. I'll go back to my point about other uses that can develop by right as industrial uses. They may not be there now, but there is potential for them to be developed as the property is currently zoned. These substations aren't front and center directly along the public road or adjacent to residences, immediately adjacent to residences, for instance. Setbacks and buffering proposed viewshed analysis provided. Again, staff has raised concern over the easternmost substation, citing relative to viewshed analysis. While located west of the approximately 25-foot tall railroad embankment that contains a forest canopy, Within the rail right-of-way west of the tracks, we note there are 75-foot-tall substation infrastructures that could be much closer to the rail and benchmark road absent proposed conditions. Under location and character for the easternmost substation, the generalized development plan depicts a substation footprint within 500 feet of view 4 vantage points. However, vertical structures 75 foot tall per their cross section from the viewshot analysis associated with the substation appear positioned within the west end of the substation only. There are no assurances these vertical structures will indeed be a setback and limited to the west side of the substation compound away from Benchmark Road and houses along the east side of Benchmark Road. Without specific conditioned assurances, such vertical substation elements could otherwise encroach into the east side of the substation compound and result in significantly more impactful views of a 75 foot tall substation infrastructure elevated by a 35 foot of grade above that of Benchmark Road. Staff recommends vertical substation equipment remain at least at the distances to which the viewshed cross-sections in View 4 have been depicted. This is a snapshot of the viewshed analysis related to that substation that we're referring to on the easternmost side of the project. This is that substation. You see Benchmark Road here running north-south. The railroad corridor is right here. if you compare this to the viewshed analysis you see there's homes and the the benchmark road here at this layer you can see the rail corridor here that roughly 25 foot embankment that's running around here The railroad embankment obviously on the other side towards the data center campus goes back down towards grade, but you can see raises up again to another plateau, which is approximately 35 feet tall compared to the benchmark road grade. IF YOU LOOK AT THIS SUBSTATION INFRASTRUCTURE RELATED TO THE RAIL CORRIDOR, IT'S MUCH CLOSER ON THE GENERALIZED DEVELOPMENT PLAN THAN THE SUBSTATION INFRASTRUCTURE DEPICTED IN THIS LOCATION. AND THAT'S THE POINT THAT WE'VE TRIED TO MAKE WITH THIS, TRYING TO ADDRESS THAT ISSUE. BECAUSE IF WE HAVE GDP COMPLIANCE AND WE DON'T HAVE ANY CONDITION TO ENSURE THAT THIS INFRASTRUCTURE IS THIS FAR AWAY, IT COULD OBVIOUSLY BE MUCH CLOSER TO THE RAIL CORRIDOR AND BENCHMARK ROAD. AND THAT'S THE CONCERN WE'VE BEEN TRYING TO ADDRESS. For extent, utility services are necessary to serve the proposed use. The extent of this project is not atypical for data center campuses. Utility and technological enhancements in the area such as electric and dark fiber substations provide prospect of additional community benefits consistent with county telecommunications. county utilities and internet service goals and the extent of substations necessary to serve the use are dictated by the size of the proposed data center campus and its associated demands for power. The substation will be constructed in consultation with REC or Dominion Energy who are subject matter experts on their sizing design and construction parameters. The county doesn't have a lot of say in actually how that infrastructure is all designed that tends to be developed with the power supply companies in relation to the actual applicant and their demands for power. With that, on recommendation, based on staff's analysis, the proposed electrical infrastructure enhancements and extensions to serve data centers at the Crossroads Technology Campus is substantially in accord with the comprehensive plan and staff recommends approval of the 2232 consistency request. Again, this is specific to the substations and finding consistency with the location character and extent. specific to substations. It has nothing to do with the larger special use permit, which is going to be separately considered under public hearing. Considering location and character, staff has raised concern with the potential for vertical elements associated with the substation to be located nearer to the vantage point provided in the viewshed analysis. Again, this is really focused on that easternmost substation. And with the recommended condition tied to the special use permit specific to the easternmost substation, staff believes this concern can be properly mitigated. Those conditions are outlined within the special use permit application packet. Note that the motion will be required identifying at least one finding and or rationale as to why the proposal is or is not consistent with the location, character, and extent aspects that I've mentioned pertaining to the substation. I'll be looking for a specific reason cited for location because, character because, extent because. The agenda materials this evening highlight those specific location character findings. Alternative, the Planning Commission can simply reference staff's findings as outlined in the report as reasons for approving the consistency analysis considering general or approximate location, character, and extent. And with that, I'll take any questions you may have. Thank you. Okay. Thank you, Jacob.

Any questions from the board up here? Mr. Phelps?

This is specifically related to those substations. Do we have any idea of the amount of power that it brings in megawatts? Do we have somebody to answer that?

1.4 gigawatts.

okay is there any other questions in the meantime mr bullock mr bell any questions for staff david mr wood okay we're just waiting on mr phelps i reckon

And Mr. Phelps, I'll say this was a letter provided by RAC and related to, based on the information they have at this time. New substations that will serve the project, there'll be three. 230-34.5 kV 298 MVA distribution substations. The anticipated transmission voltage is 230 kV. And the transmission provider for the project location is Dominion Energy. And that is information that was provided by REC. The applicant may have more detailed information and they are present to take questions.

Any follow-up to that question? Pardon?

Okay. All right.

Is there a motion from the board on the disposition of the 2232 for Crossroads Technology Center?

I'd like to make motion.

Okay.

I would like to make a motion. A finding of not in substantial accord with the comprehensive plan for the following specific reasons in relation to 15 dot 2 dash 2232. One, the deficiency in character analysis by failing to account for the incoming high voltage transmission lines necessary to operate the substations. The application prevents a comprehensive evaluation of the facility's true operational character. and visual impact on neighboring residential historic or agricultural landscapes. Two, failure to define the true extent the physical footprint represented or presented on the GDP is fundamentally incomplete. Without defining the routing and easement widths required for high voltage connectivity, the county cannot verify if the true extent of the utility conforms to the primary development boundary or adjacent land restrictions. And three conflict with the comprehensive plan of corridors the mission conflicts with the comprehensive plans explicit preference to restrict major solar. or electrical facilities to establish pre mapped high voltage corridors to avoid the ad hoc cutting of new overland transmission swaths through the county and I would also like to adopt. what is in the executive or the staff report of the SUP as a packaged with the the as far as the extent and character and location of the 2232 application okay is there any discussion of the motion and at this time I'd like to make a substitute motion

that I find 2232 in compliance with our comprehensive plan per the findings of our staff and I do find it in compliance.

Just for clarification, Mr. Chapman, you have a substitute motion to the offset to move that it is in substantial accord and you're adopting staff's strengths in their report or as your findings. Is that correct?

I'm not sure what you just said.

I just want to make sure I understand your motion. Your motion is the opposite of Mr. Phelps. That's correct. You're seeking to move that it's in substantial accord. And I think you shared that you adopted staff's findings as your findings. Is that correct? That's correct.

That is correct.

I just wanted to make sure I understand.

Okay. Okay. Any discussion on the substitute motion? All right. We will vote this time on the substitute motion, which is to find it in compliance with our comp plan based on the findings of the staff report.

Mr. Wood?

Aye.

Mrs. Fergoso? No. Mr. Grinnell?

Aye.

Mr. Phelps?

No.

Dr. Bell? Aye. And Mr. Bullock?

Aye.

Okay, the motion passes 4-2. Thank you, Jacob.

Mr. Chairman, with the passage of the substitute motion, obviously the original motion is moot.

Okay, moving on to public hearing.

Can we take a break?

We have a request for a five-minute break. Commissioners feel okay with it. All right, we will take a 5 to 10 minute break. Thank you.

Please.

and I will open up the public hearing for SCP-26-0003, Crossroads Technology Campus. And I turn it over to Mrs. Pomato.

Thank you, Mr. Chairman. I'm going to start tonight to tell you about a very lengthy presentation. This was a large, complicated proposal. There are 54 recommended conditions, and I want to be as thorough as possible. We've received significant public comments and inquiries ahead of this meeting. I received Numerous emails with questions related to the project even just today that I wasn't able to respond to Ahead of this meeting so to the best of my ability I'm gonna try to hit on every question that I saw and and some kind of forewarning everybody this is could be a lengthy presentation, but I think that it's Necessary.

Yeah, I have a question for you because I have several notations on the conditions myself and Do you want to go through them all first and then go back to them or be interrupted as you go?

Why don't we try to just go through all of them and then we can hit through all the questions and clarification.

If that's the way you're most comfortable with it, that's what we'll do.

Just because I'm going to try to explain them to the best of my ability and answer some of the questions that I've already received so far.

Yes, ma'am.

Okay. Thank you. All right. Thank you. All right, the applicant owner is requesting a special use permit to allow for the development of a large scale data Center campus. The proposal includes up to 2,087,000 square feet of data Center buildings and associate associated accessory infrastructure, including several electrical substations as depicted on the GDP. The site consists of three parcels totaling approximately 555 acres, located on the north side of Eagle Drive with approximately half a mile of frontage. It has frontage on Lee Hill School Drive that is approximately 200 feet and Mills Drive with almost a quarter mile of frontage. It is adjacent on the west side of the property is the CSX Railroad, and to the north, the site has approximately 100 feet of frontage on Carolina Court, Which lies between two lots in the lease crossing subdivision, I will say that you know, for the better part of the review of this application, there was an additional 78 acres located on the east side of. The railroad along benchmark road that has been eliminated from the scp application. You'll see here from the aerial, the property is currently vacant and undeveloped and forested. There is a historic easement on the property, which is held by the county. This area consists of approximately 13 1⁄2 acres. It's fairly central to the property, and it includes the ruins of an antebellum mansion, outbuildings, and a family cemetery of the Yerby family that owned the property, which was known as Belvoir during the Civil War. Adjacent to the North is the least crossing subdivision along with approximately 102 acres of vacant industrial zone land to the West is Lee's Hill subdivision, specifically the Hamlet of Inverness to the South across Lee Hill school drive is the timber Ridge town home community. And to the South across Eagle drive are several developed and vacant residential lots. And then to the East across from the CSX railroad corridor. which runs parallel to Benchmark Road, there are several undeveloped residential lots along that east side. Here's the zoning map with the property identified. The property is split zoned with approximately 100 acres zoned Residential 1 or Residential 2 and the remaining balance of 455 acres with split zoning as well of Industrial 1 and Industrial 2. This industrial zoning, as you've heard this evening, most of which dates back to the 1970s and early 80s. The residential zone property collectively, that complete 100 acres, could develop by right for up to 66 single-family residential lots. The remaining 455 acres of industrial zone property could develop for any of the permitted uses in those districts in accordance with the development standards. And in the I-1 district, there are up to 34 permitted uses, and in the I-2, there's up to 36 permitted uses. The property is designated on the comprehensive plan future land use map as mixed use light and mixed use general with an open space designation over those environmentally insensitive areas. The mixed use general and mixed use light land use designations support a higher mix of residential, high density residential, and commercial and office type uses. You'll recall that up until the Code Amendment of 2025, data centers were included in the office definition and the zoning ordinance, but have since been defined as a standalone use and require a special use in all of our non-residential zoning districts. While the proposed data center campus nor the existing industrial zoning are a best fit for the mixed use land use policies, commercial and office zoning have been identified as complementary and both types of zoning designations allow for the potential of a data center development as a special use. It's important to note in county code, uses that are designated as special uses are generally compatible with other land uses permitted in a zoning district, but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the county as a whole, require individual consideration through the special use process. And of course, the county can impose conditions in order to ensure that a project's impacts are mitigated. Here is one sheet pulled from the generalized development plan. You'll see seven data center buildings. The proposed height is a maximum of 75 feet, which is consistent with a two-story configuration. There are three identified substation areas and equipment yards, in addition to other utility buildings and water storage tanks. The project will be developed in phases, with phase one consisting of these two buildings, located right here, along with this substation area. Those two buildings total approximately 650 square feet. Phase one will also include pedestrian improvements consistent with the county's comprehensive plan, the VDOT Route 17 pipeline study, and FAMPO's east-west study. These improvements include a 10-foot shared use path along the project's Eagle Drive frontage and extending partially along Lee Hill School Drive. This shared use path will also be constructed through an existing tunnel under the railroad to connect to Benchmark Road. This path is part of the planned route of the East Coast Greenway, which is an interstate recreational trail system extending from Maine to Florida. I'll note here that there are going to be additional approvals through DCR and Rail Transit Authority to allow the construction within that railroad right-of-way, and there are staff recommended conditions related to that. The site will be served by three access points, a primary entrance on Eagle Drive, an emergency only entrance on Lee Hill School Drive, and a limited access entrance for the substation maintenance and the maintenance of the stormwater facilities near the railroad on Eagle Drive. All of these entrances will be gated. I would like to acknowledge the 100 foot wide property stub at Carolina Court. We received a number of questions about how that would impact the lease crossing subdivision that area has always been part of the main parcel it does stub on to Carolina Court but there is no portion of this project that is going to use Carolina Court access impacts nothing the applicant and owner have expressed a willingness to boundary lie to adjust this property and dedicate it to the HOA if the HOA wants it. But that cannot be as part of a condition to the special use permit. That would be something that the applicant would need to do on their own. And of course, assuming that the HOA wants this additional area. But As it's proposed, regardless of this boundary line adjustment, if it ever occurs, there's no use whatsoever related to this project, the access that would impact Carolina Court. The project entrances must meet all VDOT requirements with respect to any turn lanes, site distance, turning radii, and that will be finalized at the time of site plan. I have received questions about VDOT's comment letters noting that these details were not shown on the GDP. That's not unusual. When GDPs are prepared, the final engineering has not occurred. VDOT does issue those comments just as an advisory of, hey, these requirements are going to need to be met. And to punctuate that point, staff is recommending conditions that just highlight that and punctuate the point that the requirements are what they are and they'll have to meet them at the time of site plan, no questions asked. Related to any potential off-site traffic impacts, staff is recommending a traffic impact analysis that will be prepared prior to phase two. This is to ensure that any of the project traffic impacts off-site or on-site are addressed by this project. That will include a scoping meeting that will have to be subject to approval with the county and VDOT. And staff has recommended conditions that I'll go into more detail that say that the TIA has to ensure that the project's impacts are not degrading levels of service. They'll have to either maintain or even improve levels of service and the applicant will be responsible for constructing those recommended improvements at that time. At full build-out, once the data center is in operation, it is expected to generate approximately 2,000 vehicle trips per day. By comparison, an industrial park with, you know, warehouse, for an example, the traffic would be more than double that amount. So this data centers are identified as a low traffic generator and is not expected to have a significant impact on the network. Here is the building setback sheet from the GDP. The GDP establishes with this sheet the substantial building setbacks across the site. There's a 300-foot setback that extends along most of Eagle Drive, Lee Hill School Drive, and the southern property boundaries, except where a reduced 100-foot setback is permitted adjacent to a county-owned former landfill site, which is located right here. Along the western boundary line near the Lee Hill subdivision, the setback increases to 300 feet, then expands to 1,000 feet along the northern boundary adjacent to Lee's Crossing and continues to the railroad. A 100-foot setback is maintained along the railroad corridor. Project-wide, the closest residential structure to any data center building is approximately 700 feet, and the closest residence to a proposed substation is roughly 470 feet, separated by the railroad right-of-way, which is elevated approximately 25 feet above Benchmark Road. This is the landscape plan out of the GDP. As I've noted, this project totals 555 acres. Only 192 acres will be developed, and that development envelope has been clearly defined on the GDP. The project is setting aside over 349 acres into open space. This is over 63% of the site. This amount vastly exceeds zoning requirements, which are 10% to 15% in the I-1 and I-2 zoned areas, respectively. You will note here, this is the plan that shows this historic easement area the best, and it's this little bit of a donut hole here. This is the 13 1⁄2 acres that's under that historic easement. And you'll note that the dark green shading and the light green shading, all of this is... To be preserved with no disturbance That historic easement as I noted is not Expected to present any negative impacts with this project the terms of the easement are very clear as I noted the county is the holder of that easement and And to punctuate the point, we have a recommended condition that just reiterates that no element of this project can conflict, impact, or harm that historic easement area. The applicant did conduct a phase 1a and phase 1b cultural resources study. There were some archaeological findings that were outside of that historic easement area and none were deemed to be significant. So the historical significant elements are all contained in that existing historic preservation easement. I will say that with the design and layout as proposed, these buffers and the setbacks that have been identified on this GDP and that will be enforceable if approved far exceed any other data center project that's been approved to date. This is the viewshed. The viewshed analysis included is attached on the agenda packet for everybody's reference. It's a huge file. I'm sharing this one sheet out of it for reference because this was the most impactful viewshed. The Leeds Crossing subdivision portions of it are elevated. The grade is elevated, so there is this view of looking down on the subject property. so you will see this was view five from the viewshed analysis and this is the building g i believe it's identified as so it's this building right here and so um you can see the simulation here does show that there is a viewshed of a portion of the top of that building i did receive uh questions and concerns about why additional viewshed perspectives were not provided further into the lease crossing subdivision where that grade even goes higher. Staff's analysis is that those units, those homes further into the community, they have a number of homes. The further back you get, you have different homes and layouts that we think there could be some limited sight lines. The viewshed analysis was prepared in these locations as they were the most impactful. These lots along Lease Crossing Lane, I believe, they have the most direct sight line to the project. But I think it is reasonable to expect that further into Lease Crossing, as you're driving down the road, you may have a similar viewshed that we see here on this view. As with any project, staff identifies project strengths and project weaknesses. These are all tied to the proposal and how it measures up and is consistent with comprehensive plan land use goals and policies. For project strengths, the site is located within the primary development boundary, providing access to public water and sewer and aligning with planned areas for higher density development. The location within the primary development boundary aligns with the county's land use policy, which prefers data centers and areas with public utilities and the developed infrastructure. The project substantially exceeds the open space requirements, as we saw, for the industrial one and two districts, preserving approximately 350 acres. This preserved area enhances vegetative buffering and setbacks for the adjacent neighborhoods. The proposed layout preserves existing tree canopies and provides significant restricted buffers, including 300-foot buffers along multiple boundaries, resulting in setbacks larger than any other approved data center development to date. The pedestrian and trail improvements proposed in phase one support multiple planning documents, the county's comprehensive plan, the VDOT Route 17 pipeline study, and FAMPO's east-west study. and advances the East Coast Greenway. The GDP provides substantial building setbacks, including 3 to 1,000 foot buffers from adjacent residential uses. Topography and the elevated railroad on that benchmark side further reduce visual impacts. The campus is comparatively low traffic generator relative to other permitted industrial uses and a phase two traffic analysis will confirm needed improvements which the applicant and owner will be responsible for to construct prior to phase two. And the proposal advances multiple comprehensive goals including expansion of the non-residential tax base, attraction of technology-based industries, and creation of employment opportunities. And then finally, the conditions associated with the SEP significantly mitigate impacts, whether it be viewshed, environmental, traffic, construction impacts, noise, safety, that go above and beyond what would otherwise be required for a by-right development. For identified weaknesses, the comprehensive plan policy favors data centers that are in proximate to existing transmission corridors. The site is not. So the Dominion has not finalized the alignment of these new corridors, but I will say that is not something that the county has any control over. It's not anything the applicant has control over. We've identified this as a weakness specifically to the comp plan policy that says data centers are favored when proximate to those existing transmission corridors. And next, the comprehensive plan designates the property as mixed-use general and mixed-use light, which emphasize higher density residential and commercial office uses. And a large data center campus is not inherently compatible with those mixed-use development patterns however as I noted commercial or office zoning would be considered complementary to mixed-use designations with SUP review standards and impact mitigation so with that staffs recommended recommendation is approval with the recommended conditions. Staff has crafted these conditions very intentionally to mitigate the potential impacts of the project and to allow for this project to meet and satisfy the eight standards of review for a special use permit which are needed for the Planning Commission to offer a favorable recommendation. So the eight standards of review analysis is contained in the staff report. Much of it I highlighted with the project's findings of strengths and weaknesses. And like I said, with the recommended conditions, staff finds that the project does satisfy those eight standards. There are 54 conditions and I am going to try to summarize some of those, but some of them I am gonna read in their entirety because it's very important. This is the meat of the special use and this is what we've had the most comments and questions that have been received by our office. The first is a fairly standard condition and it is requiring that the project be developed in accordance with the GDP that's been provided. This next language is essentially establishing responsibility. The special use permit runs with the land. Owners are responsible for compliance. This language digs in a little deeper and just makes it absolutely explicitly clear that the SGP is issued to the owners, it runs with the land, and it binds any future owners, heirs, successors, occupants, or users of the property. This next language is related to electrical generation. That's been a new discussion point recently about limitations to power supply. And so this condition is prohibiting the ability for this project to generate any electrical power. So this is totally off the table. This does not prohibit accessory uses, which would be backup generators solely for emergency use or rooftop solar as accessory uses. We have heard a number of concerns during other public comment periods about emergency and how emergency use is defined. there are, emergency is defined in state code. It's under the air quality code. And I will tell you that I have worked with legal staff to ensure that we can tighten up and define what emergency is to the fullest extent that we're allowed to. But state code preempts us from limiting it any further than what we have here. And how we have limited emergency is that they cannot say that an emergency is that they weren't able to obtain initial access to power. So if they were counting on power to be there tomorrow and Dominion's slowed down and it's not available, they can't point to that and say that's an emergency and they need to run off their generators full time. That was about the extent of what we found in our research of how we could tighten up emergency. We'll continue to look at it, to consider it, but the state code does preempt us from further defining it. This language relates to the potential viewshed impacts that were identified and considered during the 2232 review. And that was that view four from Benchmark Road. And here's the sheet that you'll recall from the 2232 review. And as Jacob noted, the generalized development plan depicted the GD, excuse me, depicted the substation area in this location. close to the property line. The view shed analysis showed views much further into the site, much further west. And so because we were concerned about the view shed impacts on Benchmark Road and the inconsistency between the GDP and what was presented with the view shed impact, we have conditioned that any substations constructed on this substation pass must be set back in accordance with the view shed analysis. This language here is related to what I mentioned about any work being done in the railroad right of way. The applicant will be constructing that shared use path along Eagle Drive. This is a significant connection point that is supported as we said across the board from VDOT, FAMFO and the county's comprehensive plan. But any construction within the railroad right-of-way including that tunnel requires an approval process by various agencies including DCR and Department of Rail and Public Transportation to name a few. This condition just clarifies that the applicant's ability to construct this trail is contingent on obtaining those required approvals. Noise. This is one I'll go ahead and read. Noise exceeding 45 dBA at nighttime or 50 dBA in the daytime measured at the property line adjacent to or directly across the street from to any residential use or place of worship is prohibited. No noise emitted from the property or facility may exceed 45 dBA nighttime or 50 dBA daytime measured at the property line adjacent to or directly across the street from any residential use or place of worship. Daytime means the local time of day between the hours of 6 a.m. and 10 p.m. Under no circumstances and in no case can or will the DBC level exceed 60 DBC measured at the property line adjacent including directly across the street from any residential use or place of worship. Note DBA generally refers to the A weighted decibels and DBC refers to the C weighted decibels. All structures on the property which will house noise producing equipment will and must be designed and constructed with acoustic mitigation elements to include but not limited to parapet walls, rooftop enclosures, roof mounted equipment screens, penthouse style housings, sound walls and or sound insulated mechanical rooms. The acoustic mitigation elements will and must be identified and determined at the time of and for each building permit approval and will and must by industry standards be state of the art and industry leading quality and effect at the time each building permit compliance will and must be confirmed at the time with the building permit approval and this language you're gonna see repeated in the next several conditions and I'll stop here and point out the importance is what we know today as being an effective acoustic mitigation element there might be something better ten years from now five years from now the building permit stage is really the last stage of permitting and so we deliberately did not craft this condition to say it must only be these things we've left it open because if it if there is something better and is the state-of-the-art industry leading quality at the time of building permit then we want the best of the best at that time and that's what this language accomplishes all ground-mounted noise-producing equipment will include diligent, meaningful, substantive, and robust vibration mitigation elements and low-frequency mitigation elements as applicable, including but not limited to vibration isolation mounts, spring-isolated equipment platforms, flexible connectors and or floating floors or pads. The vibration mitigation elements and the low frequency mitigation elements will and must be identified and determined at the time of and for each building permit approval and must by industry standards be state of the art, industry leading quality and effect at the time of and for each building permit. Compliance will be confirmed at the time of building permit approval. This one is very important. It speaks to the DBC levels. Those DBC levels are not what we're hearing. Those are the ones that can be felt, and they can be impactful to some individuals with sensitivity to that. Number nine, all mechanical and cooling systems will and must be designed and constructed with low noise condenser fans and variable speed drives. The low noise condenser fans and variable speed drives will and must be identified and determined at the time of each building permit approval. And those elements by industry standards must be state of the art and industry leading quality in effect at the time of that building permit approval. So again, this is an area that I think everybody expects as innovation continues that there will be something better tomorrow than we even know of today. And this allows for the applicant to have the flexibility to employ the best of the best at that time and for us to be able to enforce the best of the best at that time. A sound compliance plan will and must be provided to the county zoning administrator to confirm compliance with that previously condition that I just presented, that DBA daytime sound standard and that DBA nighttime sound standard and the DBC standard. They must provide this sound compliance plan prior to the issuance of the final certificate of occupancy for every single data center building. The sound compliance plan will and must be performed and reviewed at the sole expense of the applicant and owner by a panel of no less than three acoustic engineers with an industrial noise specialty that are full members of the Acoustical Society of America and or the Institute of Noise Control Engineering. Once that initial CO is issued for each of the data center projects, this next condition speaks to ongoing monitoring. Updated sound compliance plans will and must be provided annually to the county zoning administrator to confirm the ongoing compliance with that DBA at daytime and nighttime and that DBC standard. plans will and must be performed and reviewed at the sole expense of the applicant and owner, again by the same standard with a panel of no less than three acoustic engineers with an industrial noise specialty that are full members of the Acoustical Society of America and or the Institute of Noise Control Engineering. Number 12, all mechanical equipment, whether ground-mounted or roof-mounted, will and must be completely screened from view. So we've seen the view sheds. What has been shown is there are very limited sight lines. This condition just ensures if there are any sight lines, this mechanical equipment must be screened from view. It doesn't lock the applicant into any one way. This could be done with berms, with landscaping, fencing. There are a number of options. Number 13, all chain link and barbed wire fencing will and must be completely screened from public view. Number 14, all generators will and must meet or exceed the Tier 4 emissions standard or equivalent set by the EPA. Compliance will and must be confirmed at the time of and with each building permit approval. And we have a reference to condition number three, and that's specifically about that emergency use, what's emergency use defined as. Number 15, all generators will and must be enclosed with a sound dampening barrier and be limited to emergency use only. See SEP condition number three, that's specific to the emergency use. Necessary maintenance and testing are permitted but are expressly limited to Monday through Friday, 9 a.m. to 5 p.m. The testing periods will and must be limited to only one generator at a time for no longer than six minutes. Nighttime testing may occur if and only if limited to one generator at a time for no longer than six minutes and no more than a total of six generators testing in a single night. Nighttime testing is expressly limited to no more than four times in any one month. All generators will and must be diligently, meaningfully, substantively, and robustly designed and constructed with critical-grade mufflers or other superior devices in effect on the exhaust systems. This is specific to that noise. The critical-grade mufflers or other superior devices in effect will and must, by industry standards, be state-of-the-art and industry-leading quality in effect. And this is another reference to SUP condition number three related to emergency use. Number 17, all generators will and must be designed and constructed on vibration isolation mounts or other superior devices in effect. The vibration isolation mounts or other superior devices in effect will and must by industry standards be state of the art and industry leading at the quality and effect, leading quality and effect. And there's also a reference to the emergency use. Number 18. All mechanical and cooling systems will and must be diligently, meaningfully, and substantially designed and constructed with acoustic louvers, baffles, and silencers or equivalent on intake and exhaust openings. The acoustic louvers, baffles, and silencers or equivalent will and must by industry standards be state of the art. Number 19, all mechanical and cooling fan systems will and must be engineered, designed, and constructed to diligently, meaningfully, substantively, and robustly reduce noise. The fan system will and must be identified and determined at the time of and for each building permit approval and must exceed industry standards, state-of-the-art quality at the time of each building permit. This is lengthy. I'm not going to read this. But this is one that you are going to be familiar with because it showed up with some of the already approved data center projects that proffered this. And we have recommended a condition consistent with that. What this language is saying is that if there is any element of this project whether it's the review, the permitting, the inspections, the enforcement, anything related to the project that the county cannot do in-house, or if we need subject matter experts that we just simply do not have in-house, then if we, by our own sole discretion, need to contract with a third-party contractor to accomplish that, the applicant and owner must reimburse us for all of those costs. 21, use of groundwater or rain harvesting for industrial cooling is prohibited. 22, all security fencing will and must be maintained in good conditions at all time, and it must meet all of the requirements of the fire chief. So any of the, we understand that these facilities need to be secured, but they do need to be able to grant emergency access, and this can be done via a Knox box or some other similar feature as approved by the fire chief. And this would be vetted at the time of site plan with every site plan. 23 all structures will and must include high albedo light colored roofing and Notwithstanding that requirement the applicant must ensure that any rooftop lighting would not produce any bounce-back glare reflection or illumination into the sky 24 no structure upon the property will exceed a maximum height of 75 feet the county's court or height ordinance currently If you have your maximum height, it allows for an encroachment into the max height by three feet. This condition is limiting that the max height is 75, and it does not allow for any encroachments. 25, all structures associated with this special use will and must utilize exterior architectural colors and materials in an earth tone neutral shade, including but not limited to browns, beige, tan, muted greens, or other comparable hues. The intent and purpose of this condition is to ensure that all buildings visually blend with the surrounding forested open space environment. To maintain reasonable flexibility, alternative colors or materials may be approved administratively by the county zoning administrator, provided they are demonstrated to be context appropriate and achieve an overall appearance consistent with the natural character of the site and its surroundings. 26, we're getting into the utilities focused conditions.

Kimberly, do you want to take 10 seconds to take a swallow of water?

Sure.

Okay. I mean, you've been going on right long, so I just thought I'd give you... Thank you. You're doing a great job. Thank you.

Thank you, Mr. Chairman. Number 26, we're getting into the utilities-focused requirements. I will say that I think the bulk of these are required. They will be required. These have been included to just punctuate that point. All water, wastewater, and reuse public utility uses by this project will and must be subject to an independent water and wastewater services agreement with Spotsylvania County. The applicant and owner will and must pay all costs associated with any necessary water, wastewater, reuse utility infrastructure both on-site and off-site to meet the project demands, including costs associated with the existing system demand at the time of project implementation. And I will say something I didn't cover in the presentation, but this project did grant easements to the county to allow for the construction of the reuse pipe that we all know. And they are planning to connect to the reuse once it is constructed and complete. Number 27, the project will and must comply with any of the permit requirements articulated within an industrial pretreatment permit required and issued pursuant to the Code of Virginia. If an industrial pretreatment permit is not required under the Code of Virginia, the county in its sole discretion may still otherwise require an industrial pretreatment permit to be issued. 28. To the fullest extent permitted and allowable under law, the project and the applicant, owners and operators are prohibited from applying for or receiving a surface or groundwater withdrawal permit issued by the Commonwealth of Virginia. to serve any use within the proposed project boundary without approval of the Spotsylvania County Board of Supervisors prior to permit application. The applicant and owner and operator will and must provide the Spotsylvania County Board of Supervisors written notice of their intent to submit an application and will not and must not submit a permit application to the Commonwealth without the board's approval. So this is specific to concerns we've heard about withdrawals from the Rappahannock River or otherwise. And so this condition, while that is a state permit, what this condition is, it says they can't even apply for the permit without the board's approval. Number 29, this prohibits use of Leehill School Drive during construction. This includes all of the aspects of construction, heavy equipment, the haul trucks, the contractors, subcontractors, material deliveries. And it makes it clear that it's the owner and applicant's responsibility to make sure those contractors know that they are not allowed to use the Leehill School Drive for any construction traffic purposes. Number 30 is the requirement of the construction mitigation plan. I think most people are familiar with this. This would be required prior to approval of any site plan. It is a living document, too, in that it's prepared, reviewed, and approved by the county and VDOT. It's where the applicant identifies where their construction routes are going to be, when their deliveries are. In this instance, we have, you know, we've already have a condition that's prohibiting use of Lee Hill School Drive, but this construction mitigation plan could involve, you during you know school am and pm you know pick up and drop off times just to avoid any conflict that's just one example of what the construction mitigation plan can accomplish this becomes enforceable and like i said it is all reviewed and approved by the county and vdot Number 31 is that they'll provide the county notice, 48 hours notice, if there is any oversized deliveries expected on the site. And number 32 is the requirement that they have a public liaison during construction. This has been very effective. It was very effective with the Yes Power project during construction. This is a condition with all of our existing data center projects that are under construction now. It just has a point person, toll-free number, a direct dial if a citizen has a question. They can go straight to the source. They can always still call the county, but it cuts out the middleman, so to speak. Number 33, if requested by the county, the applicant will participate in a joint construction traffic reaction team. This would include members of county staff, VDOT, the sheriff's office, and it would be used to serve and identify expeditiously, resolve any mitigation needed. So if something wasn't covered in that construction mitigation plan and we started having issues, we could kind of pull together bring this traffic reaction team together to hash it out, whatever the case may be. This was a condition of the SPower SUP and it was very effective during the construction of that project. 34 this language is saying that any pavement damage that's a result of the construction of this project the applicant and owner responsible for repairing if it's during the construction and there's a Damage that's creating any kind of safety issue upon being notified by the county. They have 48 hours to start fixing it and also at the end of the project after that final co is issued they'll they have to make any repairs at that time as well number 35 is a requirement for the applicant owner to provide the county an annual update of their project's development schedule this is just more for awareness knowing how the project's moving forward and just have updated timelines and information. Number 36 is related to the phase two TIA that I previously presented. So prior to site plan approval of phase two, they will have had to have conducted this TIA, the traffic impact analysis that is scoped and all subject to county and VDOT approval. Scopes, what intersections they're gonna look at, how much of traffic, time of day, peak hours, all of it. All approved development in the area. And any improvements that are needed to maintain or exceed the levels of service, they'll be responsible for constructing and they'll need to have those constructed prior to phase two of the development. These next three conditions, they are related to any potential condemnation process. And this, I know, has generated some concern. I won't gloss over it, but there is a lot of language here. And this is all specific to conditions 37, 38, and 39. What this language is saying is that the applicant, no matter what, is going to be responsible for constructing the improvements that are needed. there is any additional right-of-way that is needed to construct those improvements they are responsible for obtaining that right-of-way as with any other project they can always petition the county to consider condemnation if they are unable to obtain that right-of-way the county with these conditions are as drafted is in no way compelled to proceed with with any condemnation. That will be a decision that the board would make, like I said, with any other project if somebody petitions for that. What this language does say is, applicant, it's your responsibility to get it. You're gonna exhaust all efforts to obtain it. you cannot obtain it and you petition the county to condemn and if the board proceeds with that what this language here says is they are going to reimburse us for all costs associated with that condemnation process and what this last one says is that if there is any need for the county to to retain legal counsel as part of that condemnation process, they're responsible for reimbursing us for those costs as well. Number 40, these next two, 41 and 42, they're both to what I mentioned about final engineering on a site plan. Final engineering has not occurred. VDOT in their comment letter had raised a couple questions about the turning movements at their entrances on Eagle Drive, and they flagged that, hey, additional right-of-way may be needed, but again, without final engineering, there is no That's not definite. We inserted these two conditions. They're pulled straight from the GDP that acknowledges that they are going to have to meet VDOT requirements, and that will be done at site plan when all of the details and final engineering has occurred. And that's what 41 is speaking to here as well, specific to Eagle Drive. 42 is the applicant will provide a geotechnical investigation assessing the potential presence for acid sulfate soils associated with the Chesapeake Group underlying the property. Chesapeake Group is a specific rock formation that is within this area and I believe located on this property. They must provide a summary report of this and If acid sulfate soils are identified, then they must prepare and submit a management and mitigation plan to the county for review and approval. And this plan must include procedures for identification, excavation, handling, stockpiling, neutralization, and the disposal of acid sulfate soils, as well as monitoring practices and measures to ensure protection of surface water and groundwater quality. Number 43 is the project will minimize fragmentation of natural areas and protect existing drainage corridors. Any low impact development measures proposed will and must be evaluated in coordination with the geotechnical findings, applicable stormwater management requirements, and any sulfate soil constraints identified on the site. Number 45, the project will and must employ infiltration-based stormwater practices where supported by the results of the soil analysis and where deemed appropriate by the county. And 45 requires that any areas where stream corridors, wetland buffers, or other riparian areas have been previously cleared or fragmented must be reforested. So to be clear, if the project's land disturbance are impacting wetlands today, they'd be required to reforest those impacted areas. What this condition is saying is that if any of those areas had been previously cleared, that they will also reforest those. And all of that would be reviewed, assessed, and determined at the time of site plan. Number 46, most of this language is required by code, but it does set a standard. It's stating that the project has to meet all ENS measures. They must comply with stormwater quantity and quality. They must protect the stream buffers and RPAs. They must manage the acid sulfate soils that they encounter during construction. And they need to avoid unnecessary impacts to streams and wetlands and they must be emphasized and implemented throughout the final site plan and the project will and must demonstrate diligent meaningful and substantive and robust avoidance and Minimization of impacts to wetlands stream buffers and forested areas to the maximum extent practical This language is specific to an emergency action plan and this is familiar to us as well as This has been already employed successfully with the approved data center projects that we have and two of those sites. The emergency action plan is prepared by the applicant. It has to be approved by the fire chief. And this plan is to ensure the safety of the public, but also to our first responders. responders. It'll provide any necessary training to respond to the site and it's another living document because the response procedure for this project when it's in early construction and then when it's still under construction and operation and then when it goes to complete operation, that response changes and this emergency action plan gets updated accordingly. Number 49, this is getting into the compliance section. So number 49, owners herein, all of these conditions means is defined as and refers to current owners and any and all heirs, successors, assigns, occupants, and users, i.e. current, future, successor, owners, occupants, and users. Operators herein, all of these conditions means is defined as and referred to current owners and any and all errors successors assigns occupants and users. This is just making it abundantly clear all of these are subject to these conditions, responsible for the compliance of these conditions. 50. Any violation of the special use permit will and must be corrected by the applicant and owner and or operators within 60 days of notification by the county zoning administrator, except as otherwise provided herein. The county zoning administrator may determine a different date of compliance, as may be appropriate in his or her sole discretion consistent with law. Under exigent circumstances or other reasonable circumstances to the fullest extent permitted by and allowable under law, the date of correction may be sooner than 60 days. Again, Code enforcement is going to follow as it's set out in county code. This condition takes it one step further, and it sets right off the bat an expectation for if they're in violation of anything, they're on the clock for 60 days to comply. But the zoning administrator still has the authority to adjust that as appropriate. 51. If at any time after the project is approved and the applicant and owner or operators are found to be in violation of any of the conditions of approval and fail to abate and correct violations consistent with any notice issued by the county zoning administrator, the applicant and owner and or operators will be subject to enforcement action, including penalties described in the zoning ordinance, including revocation of the special use approval. and or other legal action and attendant penalties allowable under law. And 52, to the extent demonstrating compliance with meeting industry standards being state of the art, industry leading quality and effect may require industry or third party corroboration. The costs of such rests with and is the responsibility of the applicant and owner at their sole expense. 53 is punctuating the point that this project in no way, shape, or form can conflict or interfere with that historic easement that the county holds. 54 in the event of any special use condition herein or in whole in part is determined to be invalid illegal or an unenforceable the validity legality and enforceability of the remaining conditions and applications of the SUP shall remain in full force in effect and will not must not in any way be negatively affected or impaired thereby that is the severability language that if one is not valid the rest remain intact that concludes my presentation I do at this time I want to bring to the Planning Commission and the public's attention to items that were included included in the evening this evening's agenda packet it is standard practice for the county to provide copies of all written communication related to a public hearing case in case that's on an agenda whether it be questions comments in support or in opposition This is done to ensure transparency and public awareness. And with that, I want to acknowledge on the record that the Crossroads applicant and owner has communicated with the county in a letter. And what was attached to the agenda packet tonight, the letter was dated September 8th, 2026. And in that letter, the applicant communicated their intent to provide the county with certain benefits in connection with their application. I want to remind the Planning Commission that voluntary commitments, like proffers, can only be made voluntarily by an applicant or owner with a rezoning application. With a special use application, that's a different beast. The county can impose conditions that are directly related to the project's impacts, and that's what we've just gone through. With respect to the applicant and owner's letter I just want to reiterate that the commitments contained in the letter are unenforceable and should not be considered with the special use permit I noted that what was attached on the agenda packet is dated September 8th Prior to coming to this meeting an updated letter was provided dated September 16th and so we have made copies for the Planning Commission members and I have extra copies and that I'll set on the podium over there for the public to review. And Mr. Chairman, that concludes my presentation.

Okay. Any questions from the commissioners for staff at this time? I'll start over at Ms. Fragosa, the only lady on our commission.

One question I have is if any of these conditions are violated, which ones would the zoning administrator deem pertinent to be fixed sooner than that 60-day window. Is there any certain rule on that, or is it at the discretion of the zoning administrator?

It is at the discretion of the zoning administrator. And like any zoning violation that's even not, you know, subject to special use conditions, if there is a situation, a violation that's posing an impact to the health safety of the injunctions and stop work orders. I mean we have a variety of options at our disposal that the county attorney's office assists us with but that would absolutely be an option that could be pursued. That condition language about the 60 days just at least out the gate sets a standard.

Michael?

I know one question that came up, and it might be the question for the applicant, was the number of generators potentially on this site. Have they given an estimate about the number of generators that are potentially going to be in this site?

No. I'll defer to the applicant if they have more information on that. On the GDP, just what was provided was just the generator areas.

Okay. We'll ask that of the applicant when they speak. Mr. Feltz?

um i'd like to go to uh there was a statement i think on a slide 28 maybe 29 it said uh State of the art, you know, best in the, in the industry or whatever, when we're identifying components that are used within the facility, who determines what is state of the art? Do we have a mechanical engineer on staff or are we relying on them to hire a mechanical engineer to tell us what the best state of the art thing is?

so that so the compliance with the conditions that rests with your zoning administrator but you'll recall that we have conditions and they're saying hey I believe that was condition 50 something that said hey if we need subject matter experts to confirm that this is state-of-the-art industry leading quality then we will get those subject matter experts and that will be at the expense of the applicant so We'll find them. They will reimburse us for those costs.

Okay. What is our role as far as identifying components? If we see something out there that's cutting-edge technology, do we have a role in saying, hey, make a suggestion to the applicant to entertain using these components?

Yeah, absolutely. And I mean, the way those conditions are written is that when it comes down to time to the building for that and they you know are submitting something we can communicate what we think is is the best of the best or the industry leading but we can always communicate that again at the end of the day the zoning administrator makes that final determination the the and if we need subject matter experts to you know corroborate that then then we will hire them okay

Well, 1 of my suggestions would have been a V bank dry coolers. I was looking into it and I've introduced other technology what I thought was cutting edge technology. And then I've heard maybe opinions, maybe effect on why, or why it would not work in this application. So, but I would just throw that out the bank dry coolers. It's supposed to be water conservation. It takes into consideration conserving water at a quite a significant rate. Um, what about the guarantee about. Um, the fans, um, you know, when we identified noises, um, or can we can we had that off by some of the examples up in Northern Virginia where they've corrected issues? Can we specifically identify what those components are no matter if it's the same tenant inside the, um, the building or not that we could pass that that information on as a generic suggestion and where to go point them in the right direction to use those components that do not emit those noises in those concerned frequency spectrums that we've talked to ad nauseum.

Yes, sir, and that's why I say the conditions have been drafted very intentionally to offer options of how to accomplish, you know, whatever it was. Was it the vibration or the noise or, you know, water? But have flexibility that if there is something that we don't even know of now that results in a better condition, then they need to employ that. And then with respect to the noise, keep in mind, we still have recommended that max DBA, nighttime, daytime, and DBC. So we've got the noise max, they have to provide the compliance plans at construction, they have to provide ongoing maintenance every year. And of course, if then there was a concern that they were not meeting, the noise conditions, then they would need to demonstrate how they're complying even if it was within that year timeframe of when they're required to demonstrate compliance per the conditions. But with the recommended maxes of the noise on top of all of the recommendations for the acoustical mitigation for the structures, we think we've covered it from both angles.

And I'll probably have some more questions later, but I do have 1 related to why I brought up what I did in the. The 2232, so it's roughly about 400 megawatts if I understand correctly what the research that I've done is 400 megawatts for a substation of that size typically for data center. Right? So we have 3 of them. Which would equal 1200 megawatts come into the site. We have 2Million square feet. If roughly the average amount of power consumption is 300 megawatts per 1Million square feet, which would be 4 buildings. So, we're looking at possibly 8 buildings, or, you know, as as the drawings show that there's some that are quite elongated. Anyway, the math is, is that there's going to have to be at least. a 230 kilovolt tower with five to six lines or a 500 kilovolt tower with three lines on there. So that's why I brought up that concern is because there's going to have to be a wide swath somewhere cut into the land in order to get those lines to the site. What is the most likely entry point to the site, to those substations?

Based on information provided to us by Dominion, and the applicant may have more detailed information, that the golf course, the Lee Hill golf course, was not a viable path. There's a conservation easement on that area. So one routing, and this was contained in the staff report. One alternative that was noted was to extend from where the Powerhouse 95 data center is under construction, that corridor, that would extend a line along Route 17 within the right-of-way, co-locating within the right-of-way. Or they were looking at another path that would be come up from further south and it would come up north and it would actually run in between two approved data center projects already, Summit Crossing Tech and Carter Store. And it would come in from the south. None of those have been finalized. County has no jurisdiction on that location any more than the applicant does. And to my knowledge, the path has not been finalized. But the applicant may have more information to share.

I did have somebody contacted me and asked me to mention this was the construction traffic. You know, you said plainly clearly that. It's forbidden to be on legal school drive, so they got to go to Eagle drive. Is there any opportunity where there's maintenance traffic after the buildings are up and running that they have to swap out some large device on there? Do they still have to go through the main entrance on Eagle Drive? If not, if they're allowed to go through a separate entrance, the request was that any of that kind of traffic would not be permitted between the hours of, I think it was 8 p.m. to 5 p.m. while, you know, the potential for the school traffic in the morning and in the evening or, you know, commuter traffic.

So the way the condition is drafted currently, it's specific to the construction traffic. So if that's something that the Planning Commission would like to recommend to the board to include operational, you know, kind of repair maintenance traffic during operations, you could certainly recommend that in your motion to be added.

No, sir. No questions? Not right now. I started to call you Dr. Bullock. Travis Bullock. It's close. Yeah, okay.

Could you go over number 51 again?

So 51 is another kind of punctuation of what's already stated in county code for enforcement. And so it's simply saying that the applicant is responsible if they're found to be in violation of any of the conditions of approval and they fail to abate or correct those violations. Then they would be subject to enforcement action including penalties described in the zoning ordinance including revocation of the special use approval And or other legal action and attendant penalties allowed under law The only other one has done the sound compliance plan I think the review is once a year.

I would like to see that once a once a quarter and That's all I have.

Okay. Okay, Kimberly. I had a question on is actually number three, but it wasn't on the conditions. So I'm not sure how to pose this because I think the first set of statements were listed as well standards for review and it was about the entrance on carolina court uh in a reference to 66 possible dwellings so i thought it was just like one lot there is this going back to a larger track that could be developed because uh i'd hate to see i mean to give the lot on carolina court if this is done But I'd hate to see houses get built closer to a project which has been the main challenge of getting this project developed to start with.

Yeah, I think that's just a miscommunication, Mr. Chair. The 66 homes was simply staff relaying what the buy-right development potential is with the 100 acres of residentially zoned land. If this project is approved, if this SGP is required, approved, all of that residential zoned land, right here is the perfect side, if I could have the floor computer, this is all to be open space and under tree preservation. So there is no by-right development. If this SUP is approved, there is no by-right development other than what you see right here on the GDP.

I was a little confused on that issue then. Number six. addressing the DBAs and DBCs and going through the applicant's statements too. In reference to County Code 14-53 for exemptions concerning natural disasters or prolonged power outages, I'd like to see that added in there because if there's a natural disaster, you're gonna hear every Generac generator in Lees Hill running. And there's nothing noisier than a Generac generator, I can tell you that, because they're just terribly noisy. So I don't see how we could state a sound level lower than any other industry in the county. So I'd like to see a reference to our, with an exception to our county code, which I think is 14-53 added in there. Going on to number 10 and number 11 about acoustic engineers. I would like to see if it can be done to say no AWS engineers on that three panel. I'd like to make sure that they're all independent engineers. then over a number 15 we spoke about this a little bit today about the nighttime testing does there have to be any nighttime testing at all or that's something I should ask the applicant that's something staff has discussed with the applicant our understanding is that you know for appropriate testing of this equipment it needs to be tested at

different times of day, different times of weather conditions. So we put this provision in there to limit it, but I'll defer to the applicant.

Okay. All right. A couple more. This kind of addresses what Mr. Phelps was referring to. I know when the solar system was being built, out past Fawn Lake, there was a lit up sign the whole time on Route 3 saying no solar construction traffic to enter whatever road that is there across from Wilderness Church. I don't know.

Was it Old Lake?

No, it's something else. I can't read lips. I'm sorry.

Orange plank crab.

Orange plank. Okay. But anyway, similar to me, we should have maybe a sign up at the entrance of Lee's Hill at the double entrance because that's the only way. Well, you could get way up here at Germanna, but nobody, no heavy truck driver would enter there that's got any brains at all. But a sign just saying all traffic must go down to Eagle.

court you know like one of those it's the same kind of sign i don't know who put them up i assume it's the applicant it's a solar panel business it was and in the condition where we are saying that the use of lee hill school drive is prohibited it includes language that says it's incumbent it's their responsibility to to um make that known. I mean, so they could do that a variety of different ways, and like S-Power, they had a lot of signage, and that was one of them.

I mean, so this sets this up for the applicant to... Yeah, because it's imperative that we keep any heavy-duty traffic away from Lee Hill Elementary School. That's imperative. On to number 31, which is notification of This is on an administrator, being you. I'd like to see that read Sheriff and VDOT resident engineer also. Because I know if we only got one person to reach and you're not available or you're not around, let them contact the Spotsmanian Sheriff or the resident engineer at VDOT to let them know a wide load is coming through or exceptional heavy load or whatever. And number 42, the acid soil or sulfur soil. Lees Hill, I'm not familiar with a lot of Lees Hill South, but Lees Hill North also had a lot of shrink-swell soil. And, you know, that's more the applicant's job for the footings and stuff. But if you get into a lot of it, then it has to be disposed of somewhere. Because you can't even backfill with it. So I think maybe something to address shrink swell, or at least address it with the applicant and see if there's a solution in case they hit that also.

Specific to the disposal of it?

Yes, ma'am.

and that's all i have mr phelps have you thought about any more since okay give you a second shot at it then you know going back to the uh suggestion of components um one of those one of those do uh one of those put into into effect of you know is that that site plan or is that at the board of supervisors

I missed the beginning of your question, Mr. Phelps.

I'm sorry. So when they draft their site plan and submit it to the county, right? So that's going to be at your office. Have they taken suggestions of using different components or have you made the suggestions that maybe you should look at this before you finalize this site plan?

Yeah, I mean, I think those discussions would certainly occur during the site plan review process, building department review site plans along with all of the other technical review agencies. But the conditions are specific that those, you know, whatever they are going to employ, you know, is going to actually be finalized at the time of building permit approval. And we specifically chose building permit approval because that's really the last stage of the permitting process process. for a construction project. With SUPs, you have a SUP validity period of 18 months. And then a use needs to initiate the use. Initiating the use is, hey, getting your site plan in. So you've got 18 months there. If you get a site plan approved, just the review of a site plan can take up to a year. Once the site plan is approved, it's valid for five years. So you can see there's a significant amount of time where we said, hey, there could be a lot of changes, a lot of innovation. So that's why we picked building permit approval for when they needed to lock into whatever those acoustic mitigation elements and the others would be finalized.

So if data center company A... Decides and wants to use a certain technology and they bring bring it forth. Um. So you have your, you have your, uh. Your legal representation, a potential buyer, they buy the land. They need a tenant for the data center site. So at what point do you know who the tenant is? And then they tell you what those components are that they're going to be using on the site? Or is it the developer of the land, the shell of the building, that's telling you what they think it might be?

So who's applying for the permit for the building permit that could be the owner that could be the contractor could be the developer. And that is what the condition reads is that when they are providing that level of detail that will be reviewed for compliance with the conditions. But I'll say at the end of the day, compliance is the responsibility of the owner and the applicant. So whoever's applying that or providing that information, it is the owner who's responsible for compliance. All right.

And the other follow-up to that was, what's the projected date of operation for this site?

Based on the applicant's narrative, I know they are targeting 2031, but I'll defer to the applicant if there's ANY CHANGE TO THAT?

OKAY. SO ALL RIGHT. I'LL JUST SKIP THE HYPOTHETICAL. AND NEVER MIND. I'LL JUST I'M DONE. I'M GOOD. THANK YOU. APPRECIATE IT.

ALL RIGHT. SEE THE APPLICANT HERE. AND JUST MR. PHELPS A LITTLE BIT. Reuse system the other day Groundbreaking think the Purple Line schedule will be completed January January 1st of 29 Between 29 and 2030.

Yes, sir.

Okay Yeah, and and in just as little further information To the Commission. I've been speaking with Ben Lovejoy text with him today and if Crossroads gets approved and the Purple Line will be 90% at capacity, which they consider to be full capacity. So there would be no other hookups to the Purple Line unless one of the users finds some other cooling system and vacates their use of the cooling.

Chair, are you saying that

The water from the purple pipe will not be available to crossroads.

No, it will be available. Okay.

They're included in that.

If crossroads goes online, the purple line will be 90% at capacity. Okay, I recommend for the applicant at this time. Thank you. Mr. motto.

Mr. Chairman, other members of the Planning Commission, before the clock starts, I ask a special request that you give us a little extra time to unpack our presentation.

Yeah. Mr. Payne, if I do that, then I have to get every member of the audience extra time, too.

Well, I appreciate that. I don't control the clicker, and I can't get through things pretty quick, and I've got a bunch of view sheds to show. But we're happy to give it a run.

Let's be as efficient as we can be, please.

Yes, sir.

Floor computer, please.

So just a real quick introduction to the applicant and the property owners. Kettler is 49 years in the business in Virginia. In fact, the principal is here, Mr. Kettler, Bob Kettler, who's the founder. He started the company when he was two years old. and well-respected, well-known Virginia developer. You can see he's got over 800 employees and he's built out 8 million square feet commercial space and 25,000 multifamily units and 78,000 plus homes and communities. Next, please. The user is going to be Amazon. I think we all know Amazon. They're here in the county now. They have projects under construction. This was the announcement in 2023. They're going to invest $35 billion and create 1,000 jobs in Virginia. And quite honestly, most of that, if not most of that plus, is happening here in this region, including Spotsylvania County. So far in 2025, at Cosner Tech Park, Amazon has invested $400 million in capital investment, created 54 direct jobs and 500-plus construction jobs. Since then, 200 full-time employees in Spotsylvania County. That is projected to go up to 400 by mid-2027. Two million so far and counting labor hours, and 900 construction workers are on site daily. If you look at that little number at the bottom there, 80% of the initial Cosner staffing were internal transfers, local residents who had been commuting to Northern Virginia who are now working here locally. Here is where Amazon is with their workforce development. You see Germanna right there in the middle. This is the Cosner Tech campus currently under construction. You see one building is completed. And Mr. Chairman, Mr. Grenot, to your comments earlier about the purple pipe, the reuse water system, here's some details regarding that's a $480 million investment for your wastewater treatment plants. Here's four of them, 20 miles of purple pipe, all 100% reclaimed water. There'll be no permanent cooling or potable water cooling for these sites. About 9.4 million gallons per day will be generated from this initiative, and it's 20 miles of line, and again, six sites. And they're in the community now. They have invested locally in charities, and they're very much engaged in what's going on in Spotsylvania County. In fact, they won the 2026 Virginia School Board Association Business Honor Roll. And what is in data centers? A lot of times we hear about what's the need for data centers. Every single industry, not only us personally, but also everything that we touch utilizes data centers. Data center is technology infrastructure that supports our technology and digital world today. As you can see, all of these various different industries, including government and national security, first responders, pharmaceutical, and healthcare, all very much lean on and depend on the cloud, which is what this project will be. It'll be a cloud project. Next, please. So here's the project, just real quick overview of the project. It does include well over 533 acres. There'll be 2.087 square feet of data center space. REC confirmed that's 894 megawatts, not any gigawatts. um and it will require three substations and you guys know the location as staff has noted uh very importantly um we're developing on about 192 acres um in about in 63 approximately 63 of the open space and we have an announcement at the end of these slides which is why i wanted a little extra time Thank you. Project evolution. So when this project started, it was by right. This property has been industrial zoned I-1, I-2, most of it except for the 100 acres is R-1, R-2 that staff noted earlier since the 1970s. So when we came in initially, it was by right before the SUP process. There were 13 buildings, roughly 4.46 million square feet of data center space. We only had 10 to 15 percent open space, which was what was by right. Impervious areas were well over 158 acres and only adhere to the by right setbacks, which include 40-foot setbacks. and reduce rear and side setbacks. And this is important because you'll see in our presentation what the significant setbacks are today. So today, we were proposing seven buildings, 63% open space, again over close to 350 acres. We have significantly reduced our impervious area, and you'll see our setbacks have increased significantly everywhere from 400 feet to over 3,000 feet. Again, here is the overview of the evolution of the project. You can see the large footprint to the left and the reduced footprint to the right with lots of open space. Again, this property has been zoned industrial since the 70s. We're here to develop this property for a productive use of undeveloped land. It's been undeveloped for quite a long time. You may recall this at one point, not too many years ago, there was a proposed mixed use project for this site, which was denied by the county. The project will buffer surrounding neighborhood properties by including at least a minimum 300-foot wide restricted buffer, vegetated buffer. Again, that extends well over a thousand feet in some areas. 50-foot buffer along all public and private roads, which is consistent with your guidance. 400-foot building setbacks from residentially used and zoned properties at the minimum. And again, that goes from 700 feet up to 3,100 feet and we're maintaining 63% open space. Here's an overview of the site. You can see a lot of the open space in the buffer area, the building locations, and the substations. By right, here's what we could do by right today. 66 single-family homes on 100 acres. Of the remaining 455 acres, you could do warehouse and distribution, heavy equipment sales, industrial flex, industrial one type, which is manufacturing and processing, industrial type two, which is mass production of raw materials, public utilities, transportation facilities, which could be very busy, lots of traffic, etc., And again, that would come with development standards with 40-foot setbacks, a max FAR of 1.5, which is a very large development area, and then 10% open space. And again, the noise standard would be 79 dBA a day. This is your current noise ordinance and 70 dBA by right today for those uses. Economic impacts. This is an $8 billion investment. This will help support that 70-30 mix that the county has as a goal regarding revenue generation. Right now, residents pay 88% of that burden. We'll be creating 535 jobs and generating approximately $38 to $40 million annually of full build-out. Here are the setbacks, and I'm going to go through these view sheds pretty quickly, Mr. Chairman, because I'm running out of time. But you can see the various different view areas. We've got them noted one through whatever the number is, seven, I think, or eight. And we're going to go through those real quick as they are intended to show you the view shed from the closest homes. This location is from Lee's Crossings neighborhood. You can see up in the corner where the view shed is. That distance looking from that area, from Caroline Court, is looking into trees. You see the building G and E there. That's where the buildings are behind the trees. So it's at a lower elevation. That's well over 2,500 feet. This view is Lee's Crossing neighborhood, again, at Caroline Court, building C and G. You can see the distance is close to 2,500 feet. Hamlet, Iverness at Lee's Hill, Mindy Court, you can see it's 1,760 feet. Again, the View 2, the Hamlet, well over 1,600 feet away, looking into trees. Again, Lee Hill Park, again, you're looking into trees, 940 and 1,400 feet. And this was what staff had noted earlier about from Lee's Hill neighborhood, Lee's Crossing Lane, looking at from that location at Building G, you can see barely the top of that building is about maybe five to eight feet. We are talking about reducing the size of that building so you actually see nothing, and that's close to 2,700 feet away. And this is Lee's Hill neighborhood, Lee's Crossing Lane. You're looking, you're roughly 3,100 feet away. Eagle Drive, 700 feet, looking into trees. And this is what we wanted to announce today. We're going to, as part of the letter that you received today that staff noted, dated today, is we're going to dedicate 100 acres here in the dark green to the east of the rail line to the county for whatever county purposes, including a park. And we're going to do that as part of this project as well. And that we already went through the 2232, so I'm happy to take any questions you may have. Mr. Wood had a question on the number of generators. There's 238. And I don't have any additional info than what staff presented on transmission routing. Of course, that is 100% controlled by Dominion and the State Corporation Commission and has a separate legal process from the entitlement process. And I think there were some questions about testing. And Mr. Chairman, I do have some concerns, not concerns, but some comments I want to bring to your attention regarding the conditions if I have a little extra time just to highlight those. There's 54 of them. We scrambled like everybody else to get through them, but we only really had a handful of questions. But testing at night is required by DEQ because they have, obviously, ozone limits during the day. So they want us to test at night. So that's one of the things I wanted to bring up in the conditions is that we have their state permitting requirements that require us to do testing at certain times. So we want to make sure that that's included.

Mr. Payne, I'm going to have to stop you here, sir. And maybe we can answer something in the questions from the commission. But your time is currently up.

Well, I'm happy to answer any questions. And I hope I have an opportunity to maybe on rebuttal to bring up some of the questions on the commission.

OK. Mr. Bullitt, any questions for the applicant? Dr. Bell. Come on, Scott. I know you got a question. I'll help you out. All right, Charlie.

So we were up at one of the sites up in Prince William, Manassas area. And they were testing the generators while we were standing there in between the buildings doing cycle tests. I don't know if there was like a different test that they conduct at night, elongated tests, you know, like 50%. 15, 20 minutes. I don't know. We've had these discussions before, but is that what you're concerned about?

Well, the operator, actually, of Cosner Tech is here. He can probably answer the question.

Jeff, can you answer those questions?

Yeah.

You can come up to the mic. That testing at night is a question.

Yes, sir. Jeff McCormick. I work at Amazon. I work at Cosner and manage the data. Don't go ahead and hit the button.

What's that? There's a button to get on the microphone working.

Maybe I just got to get closer.

Okay, there you go.

Sorry about that. Jeff McCormack, I work at Madison Data Centers for Amazon in Stafford, Spotsylvania, Caroline, and Louisa County. Specifically, we're talking about the generators. Our testing, we do confidence tests every two weeks just to make sure they'll run. That's where the six minutes come from. We just start them up long enough for them to come up to temperature, make sure the SCRs run, and then we shut them back down. The reason we do it at night is specifically because of ozone restrictions. That is a VDEQ requirement, not an Amazon requirement. that's just something we wanted to cover that that's why the the proffers is written that way so that way we have the ability to do our confidence tests to ensure that they'll run when they're called upon um but there's no extended testing required outside of state requirements so what did what did we witness uh noon right it was about noon that we saw the

cycling of the generators coming down the line.

It was likely commissioning, or were there new sites?

No, it was right next to Great Oaks Community.

Yeah, so that may have been another, you know, we do have maintenance, so it could have been run for other maintenance tasks, where if you had to... If the switch gear had an issue, you have to shift load over to the generator so you can do repairs. There could have been a fault with the lineup, the medium voltage switch gear that forced you to shift to generators. There's also state requirements that the state will come in and have us run them so they could do emissions testing. So it could have been that as well. So I know we've done that at Cosner where we had to do extended load runs so they could do emissions testing and opacity testing. It's possible that's that i'm not sure that i'm not i'm not sure specifically what you witness there.

Mr. Phelps my understanding when we were on the site visit is that they were running them for demonstration purposes for for us so that we could hear them at that at that level.

All right. Jeff, are you going to be the on-site manager at these data centers? I mean, not if they go somewhere else, but on Costner and Hunters Ridge and Crossroads. Is that you?

Yes, sir. Right now, I'm responsible. I'd be responsible for those data centers. uh somewhere i read i didn't see it in a presentation which i cut short which i have to uh i read that the generator is all located on the inside of the buildings not in physically inside but the back side of it yes sir so we try to be deliberate about that i know when we toured cosner all the buildings are are facing outward so the generators are shielded from the closest house it's part of the site plan and you can see it in the presentation sorry i know it's not so it'd be done here also yes sir typically they're in the back side of the building all pointing inwards so that way you get a sound buffer to the community okay any questions for jeff down this way i can't hear you okay go ahead

So now that we know that Amazon would be a tenant of this site, can you speak to improvements at other sites that are in the area, Amazon sites?

Other Amazon sites in the area? Yes. As far as they relate to this site?

Yes. What would you be adopting from other Amazon sites, the improvements that they've made in bringing that to this area?

so i think we're very deliberate with when we build a site with respect to acoustics we have over they said over 80 of the employees i have 250 employees that work for me right now the initial 80 of them are spots of india county or local residents maybe not all spots of india county but they were amazon employees that we poached and brought down here uh to manage this site um They're sensitive. They live and work here. So we try to be very deliberate with how we build these sites out. So the tree buffer, that's something that, you know, I work at the Louisa campus a couple days a week. You can't see it from the road. Even the Cosner campus, when I'm in a cab or even at the bar, you talk to somebody, they don't know that we're there. People that oppose data centers don't recognize that that data center is there just based off the healthy tree buffer that we maintain, the low acoustic noise based off the generators in the back of the building. the setbacks from the street so and then you talk about best-in-class technology that's also something that we're interested in to maintain we put those our internal limits are set using the best-in-class technology so that way we can try to be good neighbors so does that answer your question i mean i was getting more you know leaning towards the mechanical improvements that have been made at this amazon site over there at great oaks um you know those those pieces of technology are being brought down here yeah so to yeah when you when you had brought about earlier about the the mechanical improvements based off that we have an internal design standard for acoustics and mechanical uh and it's based off best in class and the lessons that we have learned there that was a very expensive retrofit. And we are now, that is incorporated into our standard design build, right? And to the point earlier, as equipment improves and there's technology advances, we will incorporate that as well. But right now, the design, we do best in class as that, so that way we can maintain our data centers as quiet as possible.

Okay. Any other questions for Jeff or for Charlie? Okay, seeing none, thank y'all. At this time, we'll open it up for public comment.

Sean Matthews followed by Douglas Crowder.

Evening. My name is Shawn Matthews, resident of Leaves Crossing. So I'd like to invite you all to come to my property on Antietam Court, which is a little more elevated, have a perfect view of where it's going to be. So I will actually see those buildings. So I'd appreciate a viewshed analysis there. But I want to talk about something different. I'd ask that you defer this until a complete historic and archaeological record for this property is complete. i'm not asking i'm asking you to not make an irreversible recommendation before determining what might be lost this property sits within the broader southern military landscape of the battle of fredericksburg prospect hill hamilton's crossing benchmark road massaponics creek hamilton's crossing was not simply a point on a battle map his confederate supply base troops reserves logistics and rear area activities extended well behind the front Massaponix Creek was also part of the military geography. Its marshy terrain helped define the Confederate right. Stuart's cavalry extended toward it, and Confederate military activity occurred on its south side. The historic battlefield did not suddenly stop at the creek, and it certainly did not stop at the boundary of today's national park to the north. Well, there's something even more concrete within this development landscape that was mentioned, Belvoir and the Yerby Family Cemetery. Belvoir was an antebellum plantation that became a Confederate field hospital during the Battle of Fredericksburg. Brigadier General Maxie Gregg was taken there after being mortally wounded, and he died there. Stonewall Jackson visited the wounded there. National Park Service research documents seven marked graves and at least 11 unmarked graves at the Irby Cemetery. It also records a separate Herndon Family Cemetery associated with Belvoir, whose location has been lost. As you mentioned, the county's own crossroads case file contained phase 1A and phase 1B cultural resource investigations. Before you recommend approval, I respectfully ask for clear answers on the record. What exactly did those investigations find? Was Virginia DHR reviewed and concurred with them? Have the full limits of Yerby Cemetery unmarked burials been established? And has the lost Herndon Cemetery been located or affirmatively ruled out within areas that will be disturbed? And has the National Park Service evaluated this project's effect on the Prospect Hill-Hamilton Crossing Massaponics historic landscape? There is precedent for caution. Slaughter Pin Farm was also zoned light industrial. Had zoning alone decided its fate, one of the most important surviving portions of Fredericksburg Battlefield might have been lost. I therefore ask you to defer until Virginia DHR, National Park Service, American Battlefield Protection Program, and qualified battlefield preservation organizations can complete a full review. If you choose not to defer, I ask that the commission to state on record what evidence allows you to conclude that these historic and archeological questions have been adequately resolved. Thank you for your time.

Douglas Crowder followed by Vicki Crowder.

Good evening. My name is Douglas Crowder, as I said. I'm a Leaves Hill resident, 31 years. I'd like to talk about things like power, environment, and money. Now, we've heard that it's 0.87 gigawatts for this Cosner Corner one, plus the Amazon one, which is another 0.45 gigawatts. Total of 1.4 or 1.3 gigawatts, which is about two-thirds of the power that Lake Anna can put out. You know, that is a lot of power. I'd also like to talk about the areas talking about. The flatland surface of the roofs that are going to be generating a lot of water runoff. That two million square feet, if that's all there is, will produce about a million gallons of water in one inch rainfall. Where's that water going? I didn't see any lakes out there to collect this water. It's going to go into our watersheds. It's going to increase flooding. It's going to cause a lot of havoc. So we're cutting down trees. All right. I saw that they didn't look like they cut down a lot. They cut down a lot. Every 200 trees that are cut down, takes away the fact that those 200 trees absorb the amount of CO2 that one car produces in a year. There are so many environmental issues and also who's paying for this? Virginia's own Joint Legislation Audit and Review Commission says we're about to spend $8.5 to $18 billion for this infrastructure. Who's going to pay that? Do you think it's just going to be us and Lee's Hill? No, it's all of Virginia. Our electric bills are going to go through the roof. I'm not asking you to postpone anything. I'm asking you to deny it. In all good conscience, you're not doing anything for Spotsylvania. And all good conscious, there's nothing we're gaining. The little amount of work that these people are bringing are for construction. How many people does it take to run a data center? Nothing, hardly. So we're not getting jobs out of this. We're getting the shaft. I don't mean to be rude, but I'm passionate about this. I've heard a lot of Fuzzy noise here, but I haven't anybody talked about the real issues. Power, environment, and money. Don't do it. Thank you very much.

Vicki Crowder, followed by David Norris.

Good evening, commissioners. I am Vicki Crowder. I live in Lees Hill. I am here to implore you to deny the Crossroads Campus project. This 633-acre massive project is not proposed in a remote industrial area. No, it abuts established homes and is fundamentally incompatible with the community. For residents near a data center, their quiet neighborhood would become a 24-7 industrial zone. Residents would face constant industrial noise, carcinogenic particulate matter from diesel and gas turbines, water abuse, water contamination from PFAs, water table depletion, enormous electrical demands, blackout risks, surging utility bills, plunging property values, and more. And what happens when we have one of our droughts? What happens to that water then? The environmental fallout would be egregious, permanent, and irreversible. Replacing hundreds of acres of natural land with impervious surfaces will increase runoff into the Massaponix Creek watershed and risk erosion, flooding, and damage to local ecosystems. and would severely strain our valuable resources. While the long-term costs and risks fall on the residents, yet all the profits will leave the county. They won't come to us. Crossroads also violates the county's comprehensive plans, 45% cap on data center land use in a region that is already oversaturated. Approving this project would violate the county's own long-range plan for balanced growth and set a dangerous future precedence. Who will want to come to live here? Who will want to live in this region anymore? Homeowners should not be asked to absorb the consequences and costs of an industrial project they did not invite, they strenuously object to, and they cannot escape it. We need leadership that prioritizes the voices, health, and long-term stability of Spotsylvania over outside corporate interests where we will net zero profits after shouldering the infrastructure burden. You were elected to represent and protect the people of this county. Please listen to your constituents. They're here tonight. They're all over the place. People are dead set against this. The people who live here and live right next to this center.

Thank you, ma'am. Your time's up. Thank you.

Oh, okay. Shoot.

David Norris, followed by Michael Corson. David Norris, Michael Corson, followed by Diane Williams,

Hi, my name is Michael Corson. Make sure you get that right. It's C-O-R-S-O-N. I'm not Johnny Carson. I live in Berkeley District, and I've lived here for four years but only recently got involved. And I'm retired military, but just to be an honest broker here, I'm not 100% disabled, so I pay all my property taxes and I pay all my car taxes. So I have a vested interest in understanding where that money is going and where the decisions are being made. I actually got involved on 3 November at a town hall with Dave Guzman. I think I've met you there, Michael. And have consistently attended other meetings along the way. So I'm really actively engaged now that I'm a retiree. It does feel like though that I'm coming into this like I'm walking into a movie that's half over. I'm still trying to learn the plot points, who the characters are, and all these other things that are happening. But I didn't come here to talk about me. I want to talk about what I've heard tonight, not only from this group in front here, but also from the passionate citizens behind you that, like she said, you represent. You don't represent them. You represent us, we the people. You know, when I was in the military, I briefed. I'm a military operations analyst, and I got to tell you, we briefed courses of action to the military to inform the decision makers. We never painted a rosy picture. We never painted all good. We painted the good and the bad and the risks. And that's the key to inform leaders. As I listened to the presentation, I was worried that the sight lines only looked at one sight line, which strangely married up with the picture that was provided by the advocate. The acoustic mitigation, you know, that sounds good, but no sound barriers. Every time I drive down 95, I see these housing developments that are right off 95, and they have these huge sound barriers. Supposedly, they wouldn't cough up the money to put those together. Why didn't we hold them to account for that? You know, it's a little concerning, too, that the findings, again, from my military analyst presentations that I've done to general officers and senior executives, that the findings focus 90% on the strengths and 10% on the weaknesses. And the conclusion slide didn't even mention weaknesses. She verbally mentioned them, but did not have it on the slide. It was all a good news rosy picture. Another thing too, after the Second Amendment, I think I can say that private property rights are probably pretty important to this county. If it comes down to an eminent domain where this purple pipe is going through like they're doing in Stafford right now, you're gonna have people howling from the winds. At the end of the day, since I'm running out of time, They have 10 minutes. We each have three. I ask that you listen to the people. The first gentleman that got up here, it's the first meeting he's attended. You're getting more and more people, not just the one with the T-shirts. You're getting guys like me that are going, what is going on here? We need to act. Thank you. Thank you, sir.

Diane Williams, followed by Helen Bloxon.

Hi, I'm Diane Williams. I live in Lee Hill. Last week was the 25th anniversary of 9-11, and we remembered and honored the thousands of souls whom we lost. There were many interviews and testimonials from some of the survivors. One sentiment that was repeated multiple times was the importance of the small things. These small things mattered more than their hard, sought-after careers, which provided amazing perks. But these survivors cared about most was their loved ones, their friends and family, and following their escape, they just wanted to get home. In Spotsylvania, we care about the same thing, making memories with our friends and family in our homes. We love sitting on our deck and listening to the birds and the wind blowing through our trees. We love to watch squirrels scamper and the deers run through our yards. At night, we often sit outside and just listen to the crickets and the cicadas and the bullfrogs as we stargaze. My husband and I moved to Spotsylvania almost 20 years ago for these small things. that give our life peace and meaning. As you make your recommendations regarding the data centers, we beg you to please minimize the destruction of our homes and neighborhoods. We've worked so hard for years to get to this point. Some of us are too old to start over. We are concerned about the noise, the bright lights, the deforestation, and the loss of wildlife that goes along with that. We're dreading the increase in costs for our limited water and electricity. Think of your small things in your life and how protective you are over these precious assets. These data centers are going to affect the rest of our lives. So please consider that as you decide which direction to take our country in the future.

Thank you.

Helen Blockson. Are you still here? Sophie Miller. John Maynard. Cindy Stats. Followed by Leslie Gomez.

I can't see with the glasses on.

Good evening, stranger.

Good evening. Good evening. My name is Cindy Stotz. I live in the Lee Hill District. I stand here today after having spent months reading, researching, emailing, making calls, and so many more things to educate our community and the commission in the desperate hope that one of these avenues may work to convince you to vote no on additional projects. I know there are many residents that have sent emails and materials to the commission and board regarding the complex concerns of these projects. I know there are many residents that don't sleep at night because they're worried about what's happening. You are about to vote on a project that the majority of residents in the area do not want. I recognize that your vote on the Cross Reds project before you tonight is a recommendation to our board of supervisors. And therefore, you may feel that it does not carry much weight with the board. But make no mistake, it carries weight with your neighbors standing here in this room and those watching from home and those that are working and caring for families and have other obligations that can't be here tonight. I know that our board has put us in a bit of a quagmire with having changed the buy-write-build process in the middle of this project. And please understand that I am thankful for this change and fully support the implementation of that process. But the fact remains that we would be able to deny this project for so many reasons if the board had been willing to listen to its constituents and pass the SUP requirement before Crossroads had gotten so far into the project. But alas, here we are. So I have two requests of you tonight. First, please deny or defer this project vote until additional language can be added to the SUP that will protect residents from nuisance noise. The current recommended conditions for noise does not take into account the possibility of nuisance noise. I'm asking that a condition be placed in the SUP that would allow residents a remedy if and when this becomes a problem. The topography of crossroads is unique, and how the noise travels and sounds remains to be seen. The county and thereby residents should have a process in place to be able to require further noise mitigation measures if necessary. Second, please deny or defer this project vote until additional language can be added to the SUP to ban any further development on the wetlands located on the property. We have already lost acres of wetlands due to development. We currently have a DEQ permit request to destroy over three acres of wetlands on the Powerhouse 95 campus. This will absolutely have a negative effect on the Massaponix Creek watershed, of which Crossroads is also a part. Crossroads has acknowledged in their letter dated August 21st that approximately one acre of wetlands and about a half acre of the RPA will be destroyed by this build. I understand that they say they will not build any further on the wetlands. I understand that it would require a permit to do so. I also understand that their promises, unless put in writing in the SUP, are not enforceable. We need to protect this vital waterway in our community. The Massaponix Creek is already classified by DEQ as an impaired waterway, and I am asking for additional language to be added to the SUP that will guarantee a ban on any additional wetlands disturbance or mitigation by this crossroads project. Any further destruction will only compound an already existing problem for our watershed. Thank you.

Thank you.

Leslie Gomez. Followed by Chris Ward.

Good evening. My name is Leslie Gomez, and I represent the Foxcroft NIMBYs, and we live adjacent to the proposed project. Upon a cursory review of this application, I found more than 20 discrepancies and contradictions in their own documentation, including Rappahannock Electric's form says that the project needs 894 megawatts, but the narrative in front of you says 700, and yet you voted on it anyway. The applicant's sound consultant concludes that predicted levels reach 45 decibels, but the narrative in front of you says 35. There is no traffic impact analysis, only a turn lane memo, and it finds phase one generates only seven trips under the county requirement of a traffic study. And I could go on and on. But Virginia's JLARC said it best when they concluded that the industrial scale of data centers makes them largely incompatible with residential uses. And this one is mere feet from Lee Hill Elementary School homes and houses of worship. But the argument in favor of this project is revenue. So let's talk about the money. Spotsylvania taxes data center equipment at $1.25 per $100 of value, whereas Loudoun and Fuqua charge $4.15, Prince William $4.50, and Fairfax charges $4.57. But we're charging less than one-third of these counties, which comes to roughly $3 million a year in lost taxes. The applicant's attorney told Channel 7 this project will employ 2,000 construction workers, but construction is temporary. He never said how many permanent jobs until tonight, but that's a discrepancy in their own paperwork. JLARC found that a typical data center employs about 50 full-time workers. So what I'm asking you tonight is what is the net, not the gross, benefit per permanent job? It's simple math. We start with the promised revenue and subtract costs of roads, school safety, emergency services, water, sewer, and power we build and maintain for them, the permanent environmental monitoring and stormwater enforcement, and then we divide that by the permanent jobs held by people who actually live in Spotsylvania County, and that's the true net benefit. And here's what I want those of you and my elected officials to hear. We are not confused. We are not anti-business. And we do not need this explained to us slowly. We can read. You are saddling us with permanent obligations in exchange for revenue that shrinks year over year. The discrepancies in this application demonstrate a rushed process with permanent consequences not just for your neighbors but for your kids and grandchildren. And I'm submitting 11 pages of discrepancies and contradictions and unanswered questions in writing tonight. And I ask that you deny or defer this until these questions are answered in public, reviewed independently, and written into binding and enforceable conditions. Thank you.

Thank you. Chris Ward, followed by James Weaver.

OK. All right. Can you hear me? Okay. So my name is Chris Ward, and I am a resident of the Fredericksburg area, more specifically Spotsylvania County. I've lived in this area my entire life, and I'm just going to talk about just my general thoughts about the benefits of a data center, right? Just from my perspective. So just to get a little bit of background on myself, I went to Massaponics High School. Both sides of my family attended Cortland High School. Mother, father, aunts, both sides, right? My grandmother was a teacher at Walker Grant Middle School. or excuse me, humorous for middle school, and ran the pool at Spotswood for 30 years. So to me, this community is not some abstract thing. It's my home. It is my family. For most of my life, a good job around here meant leaving, driving up north, driving down south, either to Richmond or Northern Virginia, D.C., you name it. Like my mother and a lot of people I grew up with, I commuted up north or down south for a lot of my adult life. For the last 10 years, I've worked for Amazon. But for the last two, I have been able to actually work at the data center here in Spotsylvania County, which is actually about five minutes away from where I currently live. And I used to live in Lease Crossing, so this is familiar territory for me. And instead of having to make that drive an hour or two hours up north or south or whatever the case might be, I can get home and I can spend more time with my family, my loved ones. That was the primary reason why I wanted to apply to one of the roles here so I can have more time with my family because that's important. And so for the Spotsylvania Data Center, I've been there since the beginning. I was one of the first full time employees that was hired. And I've had a chance to not only interview, but also participate and support the hiring of those 200 individuals that were referred to earlier. So I've been a part of that process. And a lot of those people are not just local residents who are already working up north for these data centers, and they're driving up north anyway to have those good paying jobs. But a lot of them are military veterans. So these are people that are good people. These are people who do live here and they are passionate about their communities and participate in local community activities. So the last thing I guess I would say is that I chose to continue building my career here in Spotsylvania because it's important to me that I can actually support my family and spend more time with them. That's actually what's more valuable. We talked about what are we getting out of this? So for me as a person, as a family man, as someone who cares about my friends and my family, the benefit, you can't put a price tag on spending more time with your family and loved ones. So that is the cost of doing business. And to me, it was worth it. So thank you. That's all I got.

James Weaver, followed by Melissa Weaver. Or followed by Corbin Flynn, I think it says.

my wife accidentally signed us up so okay being i'm here i guess i'll say a couple things um i don't live in the area so this doesn't have as big of an impact on me as it does a lot of the folks in here i'm not against the um the building of the data center i do believe that something will be put on that property eventually that will create other issues that we could have My issues are going to be, I do own a piece of property on Eagle Drive. There's probably 10 homes on Eagle Drive, at least the section that I'm on where it dead ends. And I fear that, I know that they're going to probably build out the roads, make them larger, better to handle this 2,000 cars. It'll be using that entryway and the construction of that. But I would hope they would not encroach on the people on the south side of Eagle Drive to do that. They would only use their property for it. And also consider the people that live on that road during construction. 2,000 cars is a whole lot of cars for a one and a half lane road. I think I had something else here. And then y'all spoke a lot about if the county had to spend money that they would reimburse you for it. Consider the people that live there. If there's a reason they have to have a reimbursement for legal fees or something, maybe the data center could actually help with that or pay for that. Thank you.

Corbin Flynn.

uh donna throm i think it says followed by jacob burkett good evening i'm gonna throw half of mine out the windows so i don't have to repeat what some other people have said um i understand that these centers will bring revenue for our county i am a spotsylvania county school employee Lord knows we need the money, but to what cost? I live near these proposed data centers. First, we have vibrations, sound, pollution. Vibrations from data centers can contribute to soil stress. Didn't really hear a whole lot. We heard a little bit about vibrations, but soil stress to nearby housing and infrastructure on foundations. I haven't really heard any studies into that. I have seen studies in other areas on that and the effects of it. The sound, I live 5,000 feet from a railroad track. It's only 20 more decibels than what will be coming out of this data center campus. I have 15 times the amount of trees between me and those railroad tracks, and believe me, you can still hear the railroad tracks. Those trees are not going to get rid of any noise pollution. Again, it was a little disheartening earlier in our meeting to hear two people speak about their churches and what they love, but now you're trying to put forward a data center right next to a church in an elementary school. want you to think about those elementary school kids that sound those vibrations that pollution is going into their lungs we just heard that there's going to be 238 generators, we can even go low on the scale and say three pounds of nitrogen oxide emitted per hour in an emergency forum that is 714 pounds of nitrogen oxides going into the air around thousands of residents and children. Also, wildlife and our domestic pets. These vibrations, these sounds, this pollution, it's gonna affect all of them. We have eagles, falcons, we have deer and foxes living in this area. I have eagles sitting above my trees and I'm not very far from this campus all the time. Amazon Web Services disclosed their data that they used 2.5 billion gallons of water in 2025. That's an incredible number. I'm not real sure of what your reuse pipe is, but I'm sure it's not going to handle that amount. I'm standing here today to ask you to not do this data center because people in this county do not want to see 75-foot monoliths. And I encourage you to go to Lee's Hill Crossing, Benchmark, Route 17, and go through all those neighborhoods. Thank you.

Thank you. Thank you.

Jacob Burkett followed by Jeanette. Jeanette Buck, I think.

She left.

Oh, she left? Kelly Shafer is after. You can go ahead.

Hi, my name is Jacob. I wish I had a prepared speech as many of my fellows here did today. They've been lovely. Um, unfortunately, uh, this is my 1st meeting and I was not as well prepared. Um, I would also like to speak out in. Against this proposed data center for I won't repeat many of the reasons that my fellow constituents have mentioned, but I just want to reiterate that it is going to have a terrible impact on local wildlife, local water runoff noise levels. I'm aware that they've committed to 45 decibels or less. Um. They've made no mention of potentially damaging infrasound which can travel for miles and disrupt local wildlife it can disrupt sleep and Have negative impacts on health that are long-lasting this data center will impact the lives of not only current residents, but potential future residents and Just have I don't believe that it is worth the cost that we are attempting to pay. Thank you very much.

Thank you, sir.

Kelly, are you Kelly Shafer? Okay. Followed by Rachel Jarvis.

Hi, my name is Kelly Schaefer, and I live in the Lee Hill District. I've spent quite a bit of time looking through the county's budgets, presentations, applications, tax rates, proffers, projections, you name it, for the data center industry. The more I look, the more I struggle to understand the fiscal justification for continuing to approve development at this scale, given the permanent toll it takes on our land, infrastructure, and community. The county is relying heavily on projections 20 years into the future, while the decisions being made today permanently change our land and our future options. In the county's August 11th presentation, Mangum Economics, which is an industry-sponsored company, projected that a single 250,000-square-foot data center could generate approximately $28 million in tax revenue, over 20 years net of incentives for our county. But when you look at the first five years, that same projection is only about 6.5 million. And that assumes that the project is built as expected, equipment is installed as expected, and they adhere to their timeline as expected. Those assumptions can change these numbers drastically. Meanwhile, we are seeing costs higher than that in real time. According to the county's own school board presentation, our schools are facing a loss of nearly 15 million annually in state grants as a result to the data center industry in our county. Despite education being one of the areas the board has consistently touted as a major beneficiary of this industry. We don't have to speculate about whether these projections can be wrong. We have examples. In 2021, Loudon documented roughly a 60 million shortfall from projections associated with the same Mangum economics projections. Prince William County's Digital Realty and Virginia Beach's Point One Data Centers both recently failed to meet the state requirements of $150 million capital investment and 50 new jobs, triggering a state clawback of about $7.5 million for those projects. So why do we believe ourselves to be any different? Why are we trusting this industry that keeps showing up in short while inflating itself and its promises? That should make us pause. We are losing real money now for a hopeful income in 20 years. If we're being asked to accept massive detrimental development, Because of the financial benefit, it is expected to provide. I think it's reasonable for residents to question and to ask for a pause on any further data center approvals until. A clear fiscal analysis is completed with actual numbers. We continue to hand over a massive amount of our county and farm land to this industry while they hold no concerns for what we're left with once our projections fall through. I'm asking for a real pause on data center approvals until we have real revenue and real money for this industry, not just projections. This gives the county a meaningful point where we can stop, evaluate the evidence, and make the next best decision based on what is actually happening. That decision point is not now. For these reasons, I respectfully ask this committee to deny the vote tonight for Crossroads Data Center. Thank you.

Rachel Jarvis, followed by Robert Tubbs.

Good evening. My name is Rachel Jarvis, and I live close to the border of Caroline and Spotsylvania, but I reside on the Caroline side, so I'm actually in Caroline County. But I'm speaking tonight because at this point, there are seven major data centers that are proposed or under construction within an 8 to 10 mile radius of my home and farm. and one of these is the Crossroads Tech campus. I feel that approving this proposed Crossroads Tech location along with these other data centers is going to massively and permanently alter this area with traffic, construction, industrialization, and pollution. And the problems aren't just the basic noise and water consumption that we all are familiar with about data centers. We aren't just building data centers in Spotsylvania. Once we have these centers, there comes a whole cascade of more industrialization that's needed to support the data centers themselves. Their presence now demands on-site power stations, generator facilities, battery storage systems, utilities, and these massive high-voltage transmission lines to try to power the new regional substations. The crack and loop project is just one example of how the regional impact is not just limited to only the data centers. There's a widespread ripple effect that's going to alter many more people in this county, more than just the ones that live in close proximity to this Crossroads campus. Those that can't even see or hear the data center may be impacted by huge transmission lines that are built across their property or be subjected to increased construction traffic or electric bills. And I think we need to consider all the different impacts that this Crossroad Campus and the other data centers are going to bring to our area besides the immediate and obvious ones. Our region is different from Northern Virginia, and we have many different factors to consider when we build data centers here. This area is more rural, less developed, and it doesn't have all the existing infrastructure yet to support these proposed data centers. We really need to take our time and study the potential impacts of these data centers in relation to our specific area before they're built and not after. We have not had enough time or research to know how all this new industrialization is going to impact our more rural issues that we have here, like the local wildlife, farm animals, honeybees. farm land availability, resource strain, and the water table locally. The residents of this area deserve to have all the information gathered and evaluated before they're asked to be guinea pigs for learning about the impacts of data centers in a rural area and on homes and farms. We need to not approve the Crossroads Tech Campus or the other data centers until we fully understand the impacts that they may have on our county. There's no amount of money that's worth compromising our water sources, our way of life, our mental and physical health and our neighborhoods. We need to proceed with extreme caution and pause on approving these data centers before we do irreversible damage to our environment, the residents and our community.

Thank you.

Robert Tubbs. Lauren Tubbs. Diane Foster. Chanel Smithson. Haley Grimes. Followed by Jennifer Child.

Am I okay to start? Hello, I'm Haley Grimes. I appreciate the opportunity to discuss this with y'all tonight. I was actually going to come during the general session and bring something to the table because I live close to the Belvedere proposed data center, but I absolutely feel that it applies to this as well. I'm coming from a level of experience in what I say, so I hope this resides in your heart as you continue to consider the developments that are coming to the area. My family actually has a small beef farm in just off the Spotsylvania-Caroline County line. And so all of this development is definitely going to impact our area as well. I am a ninth generation farmer. We're teaching the 10th generation farmer. And when I say I have experience, it's because my family's been farming for over 230 years. And we had a similar experience in Pennsylvania that our family got pushed out of, which is why we ended up here. And it's really stressful to think about the fact that we put all our eggs in the basket to move to Fredericksburg area because of the support of agriculture that it has to potentially be moved out because of eminent domain. I think it's really important to consider the impact. I heard this story about... You know, driving into D.C. or Richmond, I made a five-hour commute every day for years to save up the money to buy land in this county with the hope of farming and passing it on to the 10th generation. And what's going to happen is farmers will be pushed out of this area. We have no understanding of what the impact that this is going to have, either improving housing, taxes, water, anything. We have no understanding of what that's going to look like. And if it raises... the housing value, farmers are gonna suffer. If it lowers the housing value, residents are gonna suffer. It's not a win-win situation. And so I'd like you to heavily consider the impact that it has and know the rich agriculture history that this area has could be ruined and damaged and cannot come back once you push farmers out. So I appreciate your consideration on this matter and I really hope you think about the fact that these decisions not only impact Spotsylvania, They impact Caroline. We've had farmers in Caroline already lose land through eminent domain, and it's happening in Spotsylvania as well. Who's to say it won't happen in my area of Caroline and to other farmers in the Spotsylvania area? So I please ask that you consider that, and I appreciate your time.

Thank you.

Jennifer Child, followed by Michael... Knessney.

Hi, Jennifer. Hi. Hi. My name is Jennifer Child, and my family and I, we live in Lees Hill. We chose Lees Hill over a lot of other neighborhoods because of its proximity to 95 and its adjacency to a lot of things that were important to us. This is a premium neighborhood that has all the things that we wanted in a property, and I want to start by saying that I appreciate all the time that everyone has put in trying to make this project, which is very much a square peg, fit into a round hole. I think that the county has been extremely accommodating to the applicant, considering that it technically, by a reasonable definition, does not fit within mixed use general. An argument can be made. I know that it mentions on their commercial data center, well, my brother is the director of a data center in Florida. It is 20,000 square feet and it has one generator. The county should definitely take into account those things. So it's being very accommodating. And I think that with the special use conditions, especially the ones that are most important to me are three and six and the generator vibration. I have this dream that we can live side by side, naive or not, but all the teeth need to come out of the wolf. It's a wolf and a lamb story. And I would argue, I know that money is going to be talked about and I want to preempt some potential rebuttal things. On the noise, I saw something in paperwork somewhere. I know that it's 60 DBC. I would ask that if that changes or has any inclination of changing for the absolute maximum that you deny this project as is with the 60 DBC, I think that's good, considering my daughter and I went around Data Center Alley for her science project, and I actually brought my notes from that night. I heard something that scared me. It floated 65 dBc. 65 dBc, which is not in this. It's 60, which is good. that would be a non-starter the difference between 65 DBC and 60 DBC is monumental and it is the difference between data center alley when my daughter and I went overnight to just if that is under threat deny it my neighborhood in particular has a running out of time my neighborhood in particular has a character that is very different from other areas I'm running out of time. I'm sorry. I don't want to go long.

Thank you for your time.

Thank you, John. Michael Konieczny, followed by Robert Hall, or I'm sorry, Robert Hill.

Good evening. Good evening. My name is Michael Konieczny, K-O-N-I-E-C-Z-N-Y. I reside in the Lee Hill District. It's late haven't had dinner, so I'm sorry if my remarks end up being less coherent than I would like them to be. Um, I live in the neighborhood of please Hill South. That's 1 of the communities that's directly adjacent to the proposed project. Been following it closely since it was, uh, 1st discussed with the public in May 2025. I've seen how it's evolved in the time since then, and I really appreciate the concerns that a lot of my neighbors have raised about various aspects and elements of any kind of project of this scale. Of course, I share a lot of those concerns. How can I not? They will impact me in the same way as they will impact everyone else who lives in that area. But personally, my assessment of what is likely to occur if this project is built is a little different. Um, I really appreciate the tremendous effort that has been put into scaling back what had originally been proposed in May of 2025 efforts on the part of the applicant county staff and conversations with people who live in the community. Um, we started with 15 buildings and now it's down to 7 and I especially appreciate the fact that 63% of the area will remain open space and that includes the frontage along. Uh, route 17 benchmark road as we saw. Uh, over 80 acres are going to be dedicated to the county hopefully to remain as open space. Um, my priority has always been to preserve as much of the character of this area as possible. And I think. Uh, based on the presentations I've seen in the conversations I've had, I think this project substantially does that. I do share commissioner felt concerned about what the entry point is going to be for those transmission lines that have to be built. And I would hope that, although it's not in your power to determine what that's going to look like, that you would try your best to engage in productive conversations with dominion and with the state utility authority. To choose a path that's going to minimize the impact on the community. Uh, with respect to noise, in addition to preserving open space, that's been among my number 1 concerns. If you recommend the application with the conditions that have been attached to it by county staff. As someone who's going to live in a community adjacent to the project, I feel confident. that those conditions are going to do their best to protect us. Because not only do they address maximum DBA and DBC levels, but they address various aspects of industry standards and engineering techniques that I think, if implemented properly, will reduce that risk close to zero. You don't have, I don't have to belabor the points about energy and water usage. The county has a great water policy and REC has a great energy portfolio policy that will separate out the energy that's being consumed by this project from residential. So with that, I recommend that you support this project with the conditions attached. Thank you.

Thank you.

Robert Hill followed by Ray Gomez.

Good evening. I'm Robert Hill. I live in Lee Hill South. I live in the village of Inverness. I actually, if you look at some of the viewshed arrows, I live almost underneath the 1700 foot arrow. For me, I have a lot of concerns with regards to sound. But before I get into things, I just want to take an opportunity to say, thank you to Kimberly and to her staff. I've had the opportunity to email with them several times that actually had the opportunity to have meetings that, uh, Lori Hayes set up for us to talk even with the crossroads team previously. I feel like that reflects the special use process and the benefits here that are for all of us and the ability to be here. I think we've all gotten the idea of the story that this could be by right, that we're lucky to be here and get as much transparency as we have. And I want to go to not just what we've learned from this, but what we still don't know. Because we don't know what your votes are going to be. And we don't know, and you don't know, what the future is going to hold with this system or with this project. Because we have a lot of time that it's going to be there. We don't know what its impacts are going to be. In their own documentation, they haven't yet made many of their final engineering designs. We don't know what those selections will be. We do not know what the timelines will be. We do not know what the technologies will be that is available. So what I'm going to say is that if you decide to vote yes, if you decide to vote yes, please at least accommodate the conditions that have been put forward by the staff as a minimum and start to think about what it could be beyond that. Take the opportunities to learn and to develop and to make sure that we make changes as they go. Because if this is going to come, we don't all get to decide who our neighbors are. If this is going to be our neighbor, I think they are trying to meet us. And I think that those conditions are a good way to do that. So please, if you decide to vote yes, please keep those conditions in place. Thank you. Thank you.

Ray Gomez, followed by Leslie Gomez.

Thank you. Leslie Gomez already spoke.

OK. B, Paz. And after this person, that's the last of the signed up people. We don't have an online sign up for Planning Commission.

That's okay. Okay, so go ahead.

Yeah, you can talk after this person.

Yeah, we'll open it up to the floor to anybody that hadn't signed up.

Hello. I live in Lees Hill. This is my second data center meeting. The people who are seated behind me, it was all their first data center meeting. We're getting involved, as you can tell, and I am also being backed by dozens of people that are working or too disabled to come here today. I have tons of people that don't believe in data centers in the area in Fredericksburg and Spotsylvania. I oppose more data centers in our area. We are having almost 20 data centers being proposed in Spotsy. This is extremely unnecessary. Dominion states this would strengthen the grid. Of course it does. Of course they're saying it does. Of course Amazon and Dominion are giving large thumbs up for all of these things that are going to give them bunches and bunches of money. And we don't need higher electric bills. I know that you're saying, they're saying it's going to strengthen us. It's going to make it better. But we had a Lees Hill resident in here today who had to leave that has electric bills that are already at $600. So that's exciting. This will not create long-term employment. Data centers aren't in the business of giving jobs to computers. When I compare this to other meetings, I think this one was quite vague. There weren't many metrics here. We had a lot of different presentations. It didn't seem to be very exact. What I want to see is facts. I don't want to have wish-washing answers. I want to have people answering these questions in a way that feels very... very makes actual sense and if we're boasting about cutting egg technology that we're going to be using uh the last data center i was at was 500 gateway and they were promising a sound level at the level of a library and no use of water at all so it seems like there there is higher technology unless we have other companies lying to us which is entirely possible On the global level, they can expect data centers to supply their own electricity in other places. And I really want to be seeing something like that in America. So if you're really trying to have us looking to you for cutting edges in the highest standards, that's really not meaning much. I don't also know why we have ozone checks in the middle of the night. That's kind of concerning that we need to be checking our effects to the ozone so frequently. I really appreciated the person that we had that was under from so many generations of farmers. I've met with some of our small farmers and I miss when we had so many cornfields and so many farmers living a good life here in the area. I'm really concerned about our environment. I'm really concerned about the animals that we have in the area. I'm running out of time. Thank you so much. Thank you.

Karen Prassey, Cortland. Spotsylvania County businesses are granted a major daytime exemption under section 1452 of the county code. Any noise customarily emitted by a commercial or industrial establishment is entirely exempt from decibel limits between 6 a.m. and 10 p.m. Customary business operations include noise generated by a commercial or industrial business that is standard or normal for that type of industry. Another is construction and development. Activities related to construction, repair, remodeling, demolition, grading, or real property improvements. I'd invite you to research the current private nuisance lawsuit, Newsom versus Amazon Data Services. Complaints include continuous round-the-clock heavy machinery, noise, high decibel levels during construction, restricted hours and glaring blue site lights at night. Tap water turning rusty brown due to disruptions in the local water table from heavy excavation and property damage to include structural cracks in the home's foundation for construction vibrations from construction vibrations, heavy dust reducing road visibility, and localized flooding from altered drainage patterns, and his business was impacted. Interference with daily operations at his adjacent boat repair shop and plummeting nearby property values. To me, approving this deal sounds like an invitation to a class action lawsuit against the county. There's already been a violation at the Cosner Tech campus, Amazon Data Services, and it is not even fully up and operating yet. According to a DEQ notice of enforcement action, the DEQ fined ADS $72,000 for three violations, including on May 31st, 2025. ADS exceeded the permitted hourly nitrogen oxide emission limits. Data centers, especially gas-powered data centers, emit significant pollutants such as nitrogen oxides, methane, volatile organic compounds, and fine particulate matter. According to a September 2025 study from Science Direct, these pollutants increase rates of respiratory disease and cardiovascular conditions, and they elevate cancer risks among nearby communities. A 2025 model indicates that the U.S. data centers in 2030 could cause approximately 600,000 asthma symptom cases and 1,300 premature deaths. At 4 p.m. today, I obtained readings from the Cosner Tech campus with my Trifield TF2 displayed a peak standard magnetic reading of 18.8 milligauss, and the standard electric display appeared to exceed its scale, as can be heard here. The Cosner Tech substation is not even completely built, and the reading was off the charts, and it was only near one electric tower. The scale of the proposed substations the applicant wants to build to benefit the Crossroads Tech campus is obscene and inhumane. I'd also like to point out, to answer one of the commissioner's questions regarding right-of-way clearance.

Karen, your time's up now.

Okay. I'll send the rest in an email. Thank you. Okay.

Thank you, ma'am.

Good evening. Um, I do appreciate you letting us stay late, uh, this evening and getting all these points in. Um, it is way past my bedtime. However, um, my name is Catherine Williams and I reside in the Lee's Lee's crossing. subdivision. I have spoken to you previously about my concerns with the Crossroads Data Center and I am continually gravely concerned about this special use permit going through without any sort of decommission plan or any careful thought to the community to which Crossroads will negatively impact the Leeds Crossing subdivision. to which I call home, which I already said. Crossroads is projected to be within a mile from my house, or from my backyard, which we saw on the slides previously. On page five of the special use permit, it states that the building will be limited to 75 feet. This building will be seen from higher elevations, including some residents that live on the Lees crossing lane road, and you will be able to see it from their bedroom windows. In the special use permit, it says that it will not significantly alter the community. This is simply not true and appropriate. A setback would be for Crossroads not to happen altogether. I'm sure that my community would agree with me. sorry that my community would agree with me also in a special use permit on number four on page seven it states that the project would not adversely affect the health of those living in the neighborhood this is simply also not true it would behoove the planning commission to stay up to date with environmental studies currently coming out especially one that came out roughly about six days ago from the environmental protection network they put for the study stating that health health concerns related to air pollution could cost 11.7 billion dollars by 2028. in addition the study states that approximately 600 000 asthma yes 600 000 asthma cases and 1300 premature premature deaths could would occur because of the fallout from the health concerns of data pollution with noise pollution, with air pollution, and environmental concerns going into the air. And the article, so you can look it up, it's the Environmental Protection Network Report that came out on September 10th of 2026. So I just wanted to state the research, it's actual, it's not fake. So many concerns come from a data center this size. My wish is for the developers and planning commission to really consider the impact that this has. I know it may be a market-driven decision or a plan that was in works a long time ago, but it is not right for Spotsy. It is not right for the residents that call these crossing home. Thank you for your time.

Thank you. Is there anybody else in the audience at this time that has not signed up?

Hi, my name is Bob Throm. I reside in the Lee Hill District. And I'm not going to go over all the same points that everybody else has gone over because I think they've clarified those pretty good. But a couple of things that I would like to bring up. First of all, to... Mr. Phelps, your questions about technology, I agree with 100%. I came from the technology world. And I think one of the things we should do is push these guys to go out and develop the better technology to make these better, not let's just go with what they think the state of the art is. If they really believe in their product and they really believe that this is the place to do it, put the money where your mouth is and go out, develop, make these things better for our areas. Second of all, you talked about the generators. I loved your point about all the generators and cycling and everything going on. We're talking right now about one data center. We've got how many data centers that are gonna be on the same grid? When that grid goes down and we're sitting here without power, every one of those 238 generators in this one, how many are in the other ones are all going to be running at the same time. It's going to be producing a lot of emissions, a lot of pollution, a lot of sound, things we don't need. We talked about all the wildlife and everything that was already there. If we do go forward with the data centers, I think we need to go back and look at some of these other states like Oregon, Minnesota, Missouri. They restructured their electrical power and cost and everything to get these big users to have to cover more of that cost and not put it on us. I mean, we're the ones that's going to be paying at the end of the day here, not them. They wouldn't be here pushing for this if they weren't going to win out of this. They're going to make the money, not us. And then my last point is there was a Newsweek article that just came out that the top three AI companies said that we really need to be pushing back on data centers because they're issuing warnings that if we keep going this route, we're not prepared for this and we're going to open up for a catastrophic cyber attack. So we really need to be thinking about this. I don't disagree with data centers. We need it. We have the cloud. Like I said, I worked in the tech world. I know what this is for. But we're going to, building these, it rates much faster than where we're ready for this technology yet. And we're just opening ourselves up because we don't know, beyond these things that's going to impact us, we don't know what's going to happen to the big picture at the end of the day. So please take that into consideration, and I highly recommend that you do not approve this going forward. Thank you.

Thank you, sir. Looks like we got one more. Troy, I was wondering if you were going to make it tonight. It's late. I'm tired. It's late. You're walking as slow as I do. I'm probably 40 years older than you.

Ah, come on. Maybe 20. So, first of all, I am tired, so I'll try to make this as coherent as possible. I do appreciate the fact that you guys are working.

Could you state your name, please?

Oh, sorry. My name is Trillane Ballar, Leas Hill District. I do appreciate the fact that you have worked through the SEP process with us. I do appreciate that. What I don't appreciate is the implication that we can't do math. One of the things that we always hear about the data center is how much money they will bring in. So 30, $40 million at full build out is 10 to 20 years away. And at $1.25, which is the current tax rate, $30 million is $2.4 billion in equipment. Seems like a lot. If there is a AI bubble and it pops, there's a chance that these buildings will never get full. Don't know. Can't predict the future. I also know the $1.25 is the effective tax rate. No, sorry. Is the stated tax rate. We also have a deal with Amazon for 60% tax rebate for the first 10 years, which makes the effective tax rate 50 cents for $100 of equipment. After that, there is another 20% discount for the next 10 years. So I get that maybe at some point in the future, this will be really beneficial to the county. I just don't know when it's going to happen. Thank you.

Thank you, Troy. Okay, is there anybody else at this time that has not signed up that would like to speak? Okay, seeing none, we ask the applicant for the rebuttal. But I would like to say before, Charlie, before you get started, that this hearing... No, here's the rebuttal time, sir. No. You're through, sir. You spoke. This project's been going on for quite a long time, and it's been improved upon, and a lot of that's through y'all. I've met with three different private groups at Lees Hill myself, attended the community meeting, which was a disaster down at Lees Hill. But we've had a lot of good input, and the conditions in this project show it. I might differ in opinion than y'all. The county's been trying to achieve a 70-30 split for years, about 70% residential and 30% commercial industrial, and we can't ever get close to it. These data centers and the supervisors are already looking at putting the cap on 45% of the industrial acreage for data centers. Then they're going to take a pause. We've been calling it a seventh inning stretch and just see what we've already approved is built and running and just how it's going for Spotsylvania County. It's been no secret. I personally have favored this project from the get-go. When I saw it down there, I went through it and went through the details. I just want to let you know we have worked in earnest to get the best project we can. And I don't know how the vote's going to go. I don't know how it's going to go in the Board of Supervisors. Y'all address us as your elected officials, but we're appointed, and we're a sounding board before the Board of Supervisors, and they will make a decision that will make the final determination. I think I probably spoke too much, but Charlie, you got your rebuttal time, sir.

Yes, sir. Thank you, Mr. Chairman and other members of the Planning Commission. Appreciate your time and I appreciate the comments from the community. Many of the comments we have heard before and to the chairman's comments, which I thought were very, very, very appropriate. uh we have uh revised this project based on on those comments and many of the meetings that have occurred just a quick reminder of where we've come from you know the county has been recruiting data centers since 2010 2012 to the community because of their economic development benefits or that are tried and proven in Northern Virginia. Just 2027 projection alone, Loudoun County is projecting $1.3 billion in tax revenue from data centers. In Prince William County, a half a billion. Those are game-changing numbers that could help our community, help that 70-30 mix that you noted earlier. And those are real impacts, positive impacts. This project's been zoned industrial, I-1 and I-2, since the 1970s. There have been other potential uses on this site that were rejected by the community. This is a use that is, in my opinion, the highest and best for this location and for that immediate area. It is a responsible approach, much of which, again, due to the community input, but also at the staff's credit as well as to the various 54 conditions on a special use permit for a data center project. Those conditions are from the lessons that have been learned, not only in Northern Virginia, but also from our community and in our region. This is not the first rodeo for staff in regards to a data center project. extensive experience over the past three plus years on the realities of data center projects and the requirements for data center projects and the impacts of data center projects. So you're seeing all of that absorbed in the conditions and the input for the conditions, which I applaud them for. Some of which we want to continue to answer some questions, get some questions answered on and continue to understand a little bit better, but we think it's a very workable process that's before the Planning Commission. I would also like to give credit to the client. I mean, the client has been sort of ground zero for the past year plus in regards to new development standards and the SUP standard. I mean, they had a buy right project. They were moving forward with a site plan for a buy right project, which I don't think the community probably would have liked given the reduced setbacks and lack of lots of open space. But to their credit, they have embraced the new standards. They've embraced the comments. I know Kyle has probably met with members of the public a dozen times to address issues and to ensure that our project is embedded with comments and concerns regarding noise, regarding buffers, regarding setbacks. the the The reality of what I think is a successful data center in this region today is one that's ready to go and has a user. This is not a speculative project. This is a project that will have power by 2030, 2031. It's in zero batch. It's not in a buried batch. It's got a user. You heard tonight Amazon will be the user. They fully embrace this site. It will have access to reuse water, and reuse water is important. And I say that because remember this. There's The data center operations, when they use reuse water, it's about 4% of the operation hours per year when it's super hot. They can still air cool at 100 degrees Fahrenheit outside. So this is when it's at the most extreme hot of the year, so heat of the year. So that's like 4% of the operation hours per year. So we're not using reuse water 365 days a year every day. of every hour of every day. So I want people to understand that. And the reason you use the reuse water during those really hot times is you're drawing less power from the grid. So it helps with reliability. It helps peak shave at the greatest demand time when we're all pumping up our air condition, right? So it is a responsible approach to this. I think I give Amazon credit for that as well. And they're building the infrastructure, you know, at their expense and then kind of turning that over to the county to then bill the user. So this is a great asset. You saw the $480 million that's being invested for that purpose. and the new jobs. It was great to hear a citizen talk about being able to stay here, work here, and not have to get on the road. That's something we've been fighting for for a really long time. So it makes me happy to see that. So with that, Mr. Chairman, I'm happy to answer any questions you have. And again, I appreciate your patience tonight. And I know it's late. So thank you.

Thank you, Charlie. I do have a question that has come up from the audience about the water runoff. I know there's stormwater ponds on the site. Is there any percent of whatever roof runoff is going to these ponds, or is there an internal drainage system to direct? It looked like there was four ponds on the site. Is that going to handle like a 10-year storm or something? Have we designed it yet? Please come up so everybody can hear you, sir.

yeah don't forget the open space and the thinking let's talk about whether we've designed it for 10 50. yeah so the site will contain the 60 63 open space the impervious areas on site will need to be captured and treated to the standards set by the county and the state with DEQ.

Can you get a little closer to your mic? Because I'm having trouble hearing you. Sorry, can you hear me now? That's better. Thank you.

Okay, I can start from the beginning. So the site will have 63% open space. The runoff areas where we'll be adding impervious will be captured. So your question about the roofs, those areas will be captured. Piped to these detention ponds treated in compliance with the county and state standards per. For, uh, channel production and flood control.

Okay, thank you, sir. And is Jeff still here? Yeah. Could I ask you about those violations of the generators? And everybody knew about it because it was in the paper news. How frequently does this type of diesel generators have these accidents?

So that happened pre before Amazon actually took custody of the site. It was during the commissioning. So if you look, it was, I think it happened back in March. So we hadn't actually moved into the site there. So, I mean, obviously we work with the general contractor and the commissioning teams, and we hold them to a high standard. It is unacceptable, but that was before we took custody of the site. So. with tier four generators. If we don't have the ability to dose, we will not run them. That's something we've already communicated internally. So we anticipate zero once operational. Obviously, there's equipment failures. It stemmed from equipment failure, and it wasn't identified until after they looked at reviewing logs. But it should not happen once the building is commissioned and fully tested and received by Amazon.

Okay. Do you have any history of that? I mean, they have to be reported to the state.

Yes, sir. I mean, that's how it was reported by Amazon to the state, and that's how it was.

And so, I mean, do you all keep a record of violations, or you say there hadn't been any?

I do not have that off the top of my head. That's something we could get to you, how many times that has happened. But again, for this project, that was the one, and it has not happened since.

Okay. All right. Thank you. Any other questions for the applicant, Mr. Wood?

Yeah, I just want to make sure that all the information out there is accurate and clear. Can you tell the public where you'll be getting your power from and how they operate differently than some of the other organizations in Virginia when it comes to pricing?

Sure thing, Mr. Wood. Thank you. Yeah, so Rappahannock's Co-op will be serving this site. REC is not an investor utility like Dominion. REC is member-owned. And what REC has done with data centers is what Dominion is now copying in regards to how they allocate costs and how they separate costs, including power and infrastructure. So what REC's model is, is REC carves out that data center power supply requirement and has a direct meter, if you will, to the power supply that the data center will have to purchase. They also have to pay for all the infrastructure, including all the substation infrastructure and all the transmission infrastructure. The native load, if you will, the members that are your typical members of REC, your consumer members of REC, none of that is intermixed together. It's all bifurcated and separated. In fact, it's separated by different companies, affiliate of REC, but separated by different companies. And the members of REC, they get their power from REC, but we buy that power from ODAC, which is also a co-op. But ODAC does not provide power to the data center, so it's completely separate.

So just to be clear, people's power, if you're an REC, does not go up as a result of data center based on REC's model of pricing.

That's right. So the increases that are occurring on power are actually, you know, there are several factors, including inflationary impacts, Actually, if you look at the numbers across the country, it's been pretty, because the increase has been pretty consistent with inflation. Secondly, it's new infrastructure in our territories. You know, you've got to build new power lines. You've got to build new distribution lines, those kind of things. And the cost of power is more expensive, and generally across the board, because Virginia is not generating power, a lot of new power. So it's a very sort of normal process that's happening in the Commonwealth. Again, completely separate from the data center member, which will be buying power directly from PJM.

Good question.

So to go on with the power, Rappahannock Electric is not going to be building the infrastructure for these large transmission lines. Dominion Energy will be. Therefore, we can't guarantee that people that are on Dominion are not going to have higher bills because they do not have the same model that Rappahannock Electric does. So we have to look at the factors of data centers. They bring large transmission lines in. And there's already two transmission line projects in the works and there's probably going to be more when more of these data centers get approved, and that is a huge concern.

I appreciate that. That used to be the old model, but the General Assembly has stepped in this past session, and the State Corporation Commission has given Dominion sort of the tariff, if you will, for it to now have the ability to carve out those costs against data centers. So data centers have never not wanted to pay their fair share of costs. That's never been the issue. The issue— Okay, audience.

Let's give them a chance to speak.

Thank you. It's never been the issue. The issue has been the cost allocation question. So I think the General Assembly and the State Corporation Commission have resolved that.

Okay.

Any questions down this way? None of staff? Thank you, Mr. Chairman. Okay. Well, this will conclude the public hearing on S.U.P. 26. And we'll close the public hearing. Is there any dispositions from any of the Commissioners at this time?

Well, I'll take a crack at it first, I guess.

Okay. Mr. Phelps?

I've been struggling with this one. I do appreciate the applicant's willingness to work with the county and the community to come up with an improved plan for this site. There is that one major thing that's sticking out to me. I don't know why I hadn't even discussed it before, and that's the... If you build two train stations... and then just stop and that's the end of the story right if I built two train stations and I stopped that's what we're expecting to accept that we built two train stations not to say that there was a set of tracks expected there in between the two train stations which is a exactly what this is we build a substation in one spot well what do we expect to connect it to those considerations and those environmental impacts those sight line issues that the possibility of eminent domain happening to get from where the high transmission lines exists today to this site we didn't they're not building substations just to connect it to a couple double-a batteries So I'm going to make the recommendation to defer this until we can identify what those impacts are to this application. And that's my reason.

Okay. So is that your motion to defer?

Correct.

Okay. Motion's been made. Is there any discussion on this? Seeing none, we'll vote on the motion to defer. I do have a question.

So is the deferral to look where the power lines are going? Is that the intent?

Yes.

But the deferral is the motion just to defer the SGP 26003.

Until we can identify and address and answer those concerns that are stated in the SUP. I had it pulled up. But as expressed by the staff, their concern. Okay. Okay.

Okay. Would a deferral basically do the same process again, I guess would be my question, or would a deferral mean that we find that information out and then we vote on it, or is it a whole other SUP process in that?

Well, in my opinion, we close the public hearing, and so if we choose to defer, it's going to defer until staff gets back to us with this information.

then we would vote on it then it would not be a public another public hearing because we've closed a public hearing and i would also like i would i would like to say that you know they they were proposing two sets of power lines coming up to this area right one to the south east and then one to the west that you know they're running the lines to places where their data centers are not built yet Or at least they're proposing a site to bring these transmission lines up. We don't have even a proposal to this site. So we need to know what those impacts are before we say yes or no to this.

Yeah, I understand that argument. I guess my question is, is that normal for other projects that would require power sources? Or is that something that's unique to this specific situation?

Well, I mean, I'm looking at the Brister line, right? And that is purposely being brought around where it is because there's potential data center sites or they're in the application process. and so you have two different you have two different swim lanes that have to be taken care of one is taken care of by the utilities in the state you know corporation and then you have our our process to approve an individual site but they're not building power lines to nothing they're building power power lines or they're planning power lines to a specific area for a customer of such as you know this so I mean, we don't even have a proposal. We don't even have options to go. Okay. This is the best I can support this project because, you know, the power lines aren't going to be anywhere near somebody's property. Anyway, that's why I made the motion.

Okay, any further discussion on the motion. Are you okay to end the mic? It looks like you're still thinking deep on this.

Well, I'm just trying to, because I understand the argument. I'm just wondering, like, if we have, like, big box stores or other things that would require this level, like a mall, do they normally have the proposal of the line at this stage in the process, or is it normally later?

They don't require, the amount of power they consume does not require.

Hang on, because I think he was addressing staff, were you not?

Well, I mean, either, I mean, yeah, staff, and then I'm happy to hear Commissioner Phelps.

Well, we don't want to get a debate between you two, but you were asking about a different scenario, and I don't think.

Yeah, I just want to get a full clear picture.

Scott's a very wise person. Are you familiar with moles and stuff like that need power?

yeah i mean the amount of concentrated power for a site that you're referring to is not comparable to this so i mean you you require actual towers that bring in 230 kilovolts at a minimum depending on how big the site is right or there might be some that are already existing co-located to the site so you don't have to you don't have to uh acquire a corridor to run new power lines that's why you know the intent of our comprehensive plan was to co-locate these things towards our utility corridors this is not i mean we it's it's in line with the the planned recycled water corridor but we don't have a power corridor for it so okay so are you proposing we defer this to a definitive date

Okay.

Do you have some input into this?

My only comment is that, again, whatever that alignment is going to be is going to come from Dominion. I presented tonight two alternatives that Dominion has shared with the county that they're exploring. um there could be others i don't know what their timeline is and so um to defer that i just don't know how much information that we'll have and or when we would have it now we could certainly if you choose to defer it tonight we can reach out to dominion and um and get an update on those paths and try to have you know, something depicted on a map to show you kind of where they're looking. But I don't have a timeline for when they would have that finalized. And I think that they probably wouldn't have that finalized until the entitlement has been completed.

All right. Well, let's proceed with the vote on the deferral.

Mr. Wood? You said aye?

Yes.

I thought you were thinking. I'm so sorry. Ms. Fergoso?

No.

Mr. Grinnell?

Wait a minute. Do you vote? I don't want to defer. I think we should make a vote tonight. Okay. My vote is no.

Mr. Phelps?

Aye.

Dr. Bell? No. Mr. Bullock?

No. Okay, motion fails four to two for the deferral. Any other consideration from the commissioners at this time? Well, seeing none, I will make the motion to approve it with all stipulations from the planning department And any additions that we made and asked for during the meeting? Pardon? I'm sure either Kimberly or Paulette's got them.

I do. I can read off my notes if you'd like. Mr. Phelps, you had recommended an edit about the, I believe it was the V-Bank drive coolers, incorporating that into the list of options. Mr. Grineau, you had noted that the prohibition of a legal school drive would apply to the operations portion of the project for any maintenance or deliveries. Mr. Bullock, you recommended the sound compliance. Staff has drafted it as an annual report. Would that be done once a quarter? Mr. Grinnell, you requested incorporating exemptions, allowed exemptions to the recommended maximum DBA.

Yeah, the section in paragraph six, regulation six. for natural disasters and prolonged power outages.

Mr. Grenaux recommended that of the sound compliance panel that it be stipulated that none of the engineers, that they'd all be independent and not employed by the applicant. or excuse me, AWS. Number 15, Mr. Garneau, you had noted about, you had questioned the nighttime testing. I know that was more of a question.

Yeah, it was a question, so that was addressed.

So you've got that addressed, so as staff had drafted it. Yes, ma'am. Okay, got it. Mr. Garneau, you noted requiring that signage be added to, prohibiting the use of traffic on Lee Hill School Drive, so we can supplement that with the drafted condition.

Yeah, they actually had that lie down on Route 3, the sign saying no solar farm traffic to take this route.

Mr. Grinnell, you recommended for condition number 31, that was related to the oversized deliveries, the 48 hours notice that we add the resident engineer of VDOT.

And the sheriff.

And the sheriff. and then condition number 42 was related to the sulfate soils and that you that was a question that I don't think was answered is that you know if there are any shrink swell soils you know is there a plan for disposal right that was kind of just a question for the applicant and if they hit it they're going to have to address it through the county anyway correct I presented that. That, I think, is based on my notes. Those were all of the recommended

that's all I recall yes so the motion before the Planning Commission is is to move it forward to the board with a recommendation to approve together with the recommended amplifications to the conditions as presented by staff is that correct mr. chair that is correct thank you discussion at this time yes

I just want to say I have heard the community's issues on water, sound, the footprint. I hear everybody's concerns, and I know there are people that are going to disagree with me, but given the 54, now probably close to 60, recommendations within the SUP, I objectively believe that those concerns have been met. If there are other objections, other objective issues that come up, I would welcome more feedback from the community. But the ones that I've heard tonight on the multitude of issues have been addressed in the SUP, as I know some people who were originally against the project in the community that live in Leehill have said that they think that this is okay with the recommendations in the SUP. So for that reason, I will be voting yes.

Okay. Oh, we want to call roll call vote, please.

Mr. Wood?

Aye.

Ms. Fragoso?

No.

Mr. Grinnell?

Aye.

Mr. Phelps?

No.

Dr. Bell? Aye. Mr. Bullock?

Aye. Motion passed 4-2 to forward it to the board with approval. Okay. We're down to public comment. Last thing on our agenda is at the bottom. So if there's anybody in the audience that would like to address the commission on anything that we have not addressed tonight, we can do so at this time. I hope they're all getting up to speak. Okay. I think it's interesting.

I think it's interesting that you said that you hear us and you hear our concerns, but based on the concerns of two or three... You've already spoke tonight, sir. You just said...

I asked for people that hadn't addressed the commissioner at this time. You can email Mr. Wood or do something, but everybody gets to speak once.

He asked... Okay. I understand. Thank you for your time. Thank you.

Steve, you're getting up to speak. Okay. I know you haven't spoken yet, so I just recognize you. All right.

In which case, 30 seconds. Thank you to the Planning Commission. Thank you to the planners for this particular site and this particular project, an incredible amount of work. This particular project may not get deferred or delayed. Take into consideration All of the public commentary. We have eight sites that have been approved by right. We don't know what the implications of them going live are going to be yet. We have one project that has been approved under the SUP with 54 conditions plus additional amendments discussed tonight. There is no comparison between the two packages before number 10 comes before the panel for review. Take into consideration everything that the community has said tonight and look at what's happening with the eight that are approved and are under construction and going live. Do the sound studies. Check the noise. Check all the considerations from the community before proceeding with any other projects.

Steve, I agree completely, and I think the majority of our supervisors do. I think that's why they put a cap on the 45% industrial. I think they're going to take a breather here. I can't speak for them, but that's the feelings I'm getting from them.

And, sir, let the community know that the Planning Commission and the Board of Supervisors

are prepared to take that right and you know we had some new speakers tonight that didn't even know what the reuse system is so i'm amazed but you know we're just a sounding board and kind of a clearinghouse for the board of supervisors so they're the ones make the final decision so there's an objection to my remarks he invited me can i get your name there's not steve steve love love i've met with steve two or three four times i reckon

Chair, I'd like to make a motion to adjourn.

Did anybody get up to speak that has not spoken?

If I didn't speak yet, can I say something?

Have you spoke tonight already?

No, I didn't speak.

Okay, we'll give you time.

There's no, out of all the, how many are we at, 54 or something? Pardon me? I don't know how many conditions there were. It was 54 from the staff. Was there anything about the decommissioning of it when things go, you know?

There was not that I read.

Okay, why can't that be in there? Because everybody's reading the news and AI is very volatile right now, stock market.

And it's something you could bring up to the supervisors because they'll do the same here and they can make the final decision to put it in there.

Okay, I didn't think it was in there.

Okay, thank you, ma'am. All right, we have a motion to adjourn.

Mr. Chairman, I'm sorry. Since I stepped away, if I could just have a moment of clarification. Are we at the public comment section?

We have a motion to adjourn on the floor now.

Okay. Well, we should make sure to afford anyone who wishes to make a public comment.

Well, I did. And someone at the door and Steve stepped up. But everybody else had already spoken almost. I mean, if you want to stay here, I'm going to go on home here in a little bit. You're welcome to stay.

Just making sure where we were and that we get everyone heard.

Well, last call. Is anybody still here that has not spoke tonight that would like to speak? Seeing none, we've got a motion to adjourn on the floor. All those in favor? Aye. Aye. Passed unanimously. Kimberly, Jacob, thank you so much.