By Gordon Anderson | gordon@rantnc.com

The Lee County Board of Commissioners voted down a 180-day moratorium on further data center development Monday night.

The pause, proposed by Democratic Commissioner Robert Reives Sr., wouldn’t have applied to a data center project on Lower Moncure Road which has been a source of controversy since it was proposed in June. Even with that project administratively approved, Reives floated a moratorium on additional development in Lee County, saying “the process is flawed and should have been handled differently.”

“The economic development situation is one we should take a closer look at,” Reives said. “In this case, we’re dealing with decisions the public never had a chance to have a say in.”

Democrat Mark Lovick joined Reives in supporting the moratorium. Republicans Eric Davidson, Andre Knecht, Samantha Martin, and Kirk Smith, along with Democrat Cameron Sharpe voted against.

Reives made the motion after a lengthy discussion on data centers during which the board called on Brady Herman, a Chapel Hill attorney specializing in zoning and planning matters whom they recently retained.

Herman advised the board against enacting a moratorium, saying state law requires specific findings outlining the problems necessitating a pause, alternatives that have proven inadequate and a schedule for addressing those problems. He also questioned the need for a moratorium six months after the county adopted specific regulations governing data centers.

“The problem in terms of timing of a moratorium now — the function is when you have a unique land use, like data centers, and you have zero regulations in place. There’s nothing to prevent what can be added (to the UDO), but you don’t need a moratorium because you adopted standards six months ago,” he said.

Herman also said additions to the UDO may not trigger “down zoning,” or changing zoning rules to reduce development rights or permitted uses on a property.

Monday’s data center discussion was one of the first times the board as a whole has openly tackled the issue since Virginia-based PointOne proposed its facility on Lower Moncure Road in June. Since then, opponents have been a regular presence at board meetings, voicing a number of objections during public comment periods. The county’s planning staff issued administrative approval on September 25, and the county board issued a lengthy statement affirming the project will move forward on October 1.

That statement was attached to copies of the agenda for Monday’s meeting, and “data center discussion” was the first regular item on that agenda. Martin began by having staff present a map showing other parcels in the county which would theoretically be capable, based on size, zoning status and availability of utilities, of hosting a project similar to the Lower Moncure one.

“There’s only one site that’s zoned light industrial and not currently being developed that’s big enough,” County Manager Lisa Minter told the board. “There’s not enough power at that substation to power a data center.”

She said without a rezoning approval, there aren’t any other sites that could host a data center as large as the one proposed for Lower Moncure Road.

Reives later said that didn’t totally reassure him, noting that “they’re not all going to be 400 acres. It could be on 20 acres.”

Reives also questioned Eddie Oldham, CEO of the Central Electric Membership Corporation, about whether the area’s electrical infrastructure could accommodate additional data center development. CEMC serves the Lower Moncure Road area and issued a “will serve” letter indicating it has the capacity to power the project without adverse impacts to its rate payers.

“Our ‘will serve’ is just for building one,” Oldham said, referencing a conceptual master plan submitted by PointOne that shows additional buildings. “For a second phase, there would have to be a transmission study, and if upgrades are needed, a data center would have to pay for those upgrades.”

Reives said at the time of his motion that he thought the board needed “time to digest what we’ve done.”

“I’m not opposed to anything we’ve done (regarding the county’s UDO), but it doesn’t satisfy my concerns about a small county,” he said. “We’re getting to a point where we need to take a breather.”

When Reives said he believed the process by which the data center project was introduced and approved was flawed, Republican Kirk Smith pressed him for specifics. Reives began answering, only to be cut off by Smith, who repeated his question.

“I’m about to tell you if you’d shut up for a second,” Reives shot back.

As has happened at most of the board’s meetings in recent months, several citizens spoke during the public comment period, reiterating their opposition to the Lower Moncure Road project and data centers in general. Some of those speakers on Monday credited the board with finally having a conversation about the issue, but said it came later than it should have.

“I applaud y’all for this,” said Mark Mansfield, who lives near the site. “But this should have been done a long time ago.”

Michelle Eaves said that even with the Lower Moncure project approved and moving forward, the commissioners shouldn’t let the issue go.

“The window for this project may have closed,” she said. “But the policy window for protecting the county has not. Please act now.”