City Council - Regular Meeting

Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. We'll be right back. Thank you. me. Thank you.

Test one, two, testing one, two.

We are testing from the staff seats in the chamber.

Council chamber test one, two.

Dr. King, can you hear me?

Hi, yes, I can hear you.

Okay, we can hear you in the chamber. Can you hear me okay? Perfect. One, two, one, two. Can you hear me okay, Dr. King?

Yes, I can hear you perfectly.

Okay, if you would go ahead and mute your phone and stand by, meeting will start at 630.

Thank you. Okay, bye-bye.

Thank you. Thank you. Mayor, excuse me, we have a quorum.

Thank you very much, Mr. Vice Mayor. Council is now in session. I'd like to recognize Council Member Bond at this time for the invocation and to lead us in the Pledge of Allegiance.

Thank you. Dear Heavenly Father, as we come before you tonight to discuss important matters, we ask for your guidance and wisdom. You are the source of knowledge and understanding. Therefore, we seek your direction in our decision-making process. May we also pray to have the eyes to see the best in people, a heart that forgives the worst, a mind that forgets the bad, and a soul that never loses faith in God. Amen. Please join me for the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you, Councilmember Bunn. Thank you very much. Next, we have the roll call. Madam Clerk, would you please?

Councilmember Bunn? Here. Councilmember Jeffries?

Here.

Council Member King is participating remotely if Council approves. Council Member Newens? Here. Council Member Smith?

Here.

Council Member Ward? Visit. Council Member Whitaker?

Present.

Vice Mayor Ritter? Here. Mayor West?

Here. Next, we will talk about ratifying a remote participation. I'd like to call on City Attorney Lindley to please provide the language to ratify the remote participation of Council Member King.

Pursuant to Virginia law and city council's adopted remote participation policy, the council has asked for a motion to ratify the remote participation of Councilmember King in tonight's meeting. Councilmember King notified the mayor that she is unable to attend for a personal reason because she is out of town. The mayor has reviewed the request and determined that it complies with council's remote participation policy, and she will participate in a manner that allows her voice to be heard by everyone in the council chamber, with her remote location being noted in the meeting minutes as required by law.

Thank you. A motion, please. Move approval. Second. Thank you, Ms. Ritter and Dr. Ward. Any discussion? Please prepare to vote. Please vote and record. Madam Clerk.

Motion to approve remote participation for Councilmember King to participate in the City Council meeting is adopted by an 8-0 vote.

Thank you. Are there any changes to the proposed agenda Councilmembers have at this time? Seeing none, a motion to approve, please.

Move approval.

Thank you, Dr. Ward, and thank you, Mr. Smith. Second. Please prepare to vote. Please vote and record.

Mayor, Council Member King, what is your vote, please?

Yes, thank you. Yes, approval.

Thank you. Motion to approve the agenda as presented is adopted by a 9-0 vote.

Thank you very much. Next is applicants, agents, and citizens' comments on public hearing items. The City Council meeting constitutes a limited public forum. Therefore, public comments must be relevant to the items on the agenda tonight. When speaking on the agenda items, please make sure your comments directly relate to the merits of the application. which means you focus on the details and facts of the proposed agenda item. Focusing comments on the merits of the application will ensure that this public hearing item serves its intended purpose of gathering relevant information for the voting body. Further, to strike a balance between maintaining order and honoring the public's right to express themselves, And as established by the City Council's Rules of Order and Procedure, any speaker that delays, interrupts, or otherwise disrupts City Council's ability to conduct its meeting in an orderly manner by disorderly incident or disturbing action, speech, or other conduct will be declared out of order. I will tell you one other thing, just other comments in addition to that. We do have a number of speakers here on one item. So there will be, Madam Clerk, how much time will they have?

We have in excess of 39 speakers. They will be given two minutes each.

Two minutes each. So please stick to your time frame. And we will not have comments. We will not have applauding. We need to get through this in an efficient manner. And please, respect people that you may or may not disagree with, that you may or may not agree with. So having said that, would you please call the speakers? Madam Clerk?

May I just make a quick comment? Sure. The speaker time is a rule that council passed several months ago. So it's not new. It's not contrived for this evening or any evening where there may be a number of speakers. So we have a list of when it drops from five minutes to three minutes and then to two minutes. But I'd just like to let you all know this was a rule change the council put in several months ago. So it's not new, and you can find it in the rules of order and procedure.

And I might add, it's consistent with the way other cities and state government is run as well. Now, Madam Clerk, would you please call speakers?

The first, we have two speakers prior to the presentation of the public hearing items. Linda Tyndale, speaking in opposition to Item E, followed by Jennifer Knight.

Good evening. Linda Tindell, 1045 West Road. I oppose these mega sites. They do not belong in Chesapeake. There is no reason to make them fit or create a pathway. I want you to shut the gate. We are too close to sea level. Our groundwater could be contaminated. Our ecosystem and aquifers must be protected. I am an external stakeholder. I pay taxes and I vote. Why were internal stakeholders, non-residents, and representatives of companies set to profit allowed to manipulate this process? Why was staff able to ignore the Planning Commission policy changes? Who is guarding the hen house? I'm speaking early tonight because I brought a small donkey to the City Hall to participate in the rally to oppose data centers. Darla had a lot to bray about. It would be unfair to leave her in the trailer until my name is called later this evening. As a farm owner, I am a steward of the land and the livestock it supports. Listen to the external stakeholders tonight. We don't care what other cities and counties have allowed. Set a precedent that others can follow. Make the right thing easy and the wrong thing difficult. Thank you to all who have come here tonight, both to protest and to speak. I'm leaving now to take my precious cargo home. Don't worry, I won't be speeding, although I truly will be hauling my ass down Cedar Road.

Next speaker.

Jennifer Knight, Chesapeake, speaking in opposition to item E. Hi, good evening.

Just want to clarify, we have three minutes up front.

Two minutes.

Two minutes. I'm Jennifer Knight. I live on Ballahack Road. Y'all are asking where to put data centers, but haven't asked if we want data centers. Place a referendum question on the November 2027 ballot asking the citizens of Chesapeake if we even want them. Last month, the DEQ delivered a report concluding the Virginia coastal plain lacked sufficient groundwater to support new data centers. 2.5 million people live on the Virginia coastal plain. Bringing data centers to Chesapeake could deny 2.5 million Virginians and our descendants access to drinking water. Consequently, there would be no way to grow fresh crops in Virginia. A yes vote to data centers in Chesapeake could leave nearly 68,000 Virginia farmers on the coastal plain with no livelihood and us with no local food. The governor has okayed a ban on data centers. 72% of Virginians oppose data centers. I won't get bogged down in the minutia of setbacks, water loops, because the devil is in those details and I'm not sitting at a table with evil. However, I will say the good people of the Fentress Overlay District loudly oppose the ridiculous notion of this slice of God's country becoming a tech corridor, home to farmers, historic Mennonite communities, and fighter jets. It's no place to introduce the greed and avarice of the chambers and alliances. When my dad came home from being held hostage by militant extremists in Iran, he would run the length of Fentress Airfield Road. Round trip, 10 miles, every Saturday, I accompanied him on my bike. Fun bike ride for a 10-year-old. As a 55-year-old woman commuting to work on that same road, I see it now for what it really was, freedom. After being locked in a vault for 444 days, he was finally free to move. No amount of money generated from data centers is more valuable. don't allow the profiteers to besmirch that sacrifice in his memory a ban on data centers must cover all of chesapeake including gorgeous highway 17 corridor thank you thank you next speaker please ladies and gentlemen please that concludes the speakers prior to the item thank you would you please present public hearing item a pln rez 2025

Great Hope Baptist Church, Great Hope Baptist Church Corporation, applicant owner, Hoggard-Huer Associates Agency. A conditional zoning reclassification of approximately 14 acres from A1 Agricultural, B1 Business District, and R15S Residential District to AC Assembly Center District. The property is located at 1401 Battlefield Boulevard South in the Great Bridge Planning Area. This item was continued from the June 16, 2026 City Council meeting And a request for withdrawal has been requested by the agent.

Thank you. Mr. McNamara? Stas reports the applicant's request for withdrawal. Thank you. And do we have any speakers?

Yes, sir. We have two speakers. Mr. John Goffrey for questions only.

Thank you, Mr. Mayor, Vice Mayor. It's not necessary anymore that we rezone. That was established in the last meeting, and then we've worked with the planning committee, and so we're just asking that you accept our withdrawal. Thank you. Thank you, Pastor.

Other speakers? Jack Claude.

In the interest of time, ditto. Thank you.

Thank you. A motion is an order to withdraw.

I move to accept the withdrawal.

Second.

Thank you, Ms. Ritter. And Mr. Bunn, I believe, was second to hit the light. Council Member King? Any discussion? Yes. We're going to see if we're having a discussion, and we'll vote. Okay. Any discussion? And then Ms. King?

Council Member King? Item A? Approve. Thank you. Yes, approve them.

Council members, please prepare to vote. Please vote and record, Madam Clerk.

Motion to approve the withdrawal, PLN REZ 2025-015, is adopted by a 9-0 vote. Thank you. Next item, please. B, PLN REZ 2025-021, Mears Creek, Coastal Virginia Partners, LLC, applicant. Gary Mears, trustee, owner. For conditional zoning reclassification of approximately 13.2 acres of R15S residential district to R8 residential district. The property is located at the western terminus of Woodland Drive in the western branch planning area. Planning Commission recommends approval with the proffers listed in the official agenda.

Mr. McNamara. The proposed rezoning is consistent with low-scale neighborhood and conservation character districts and satisfies the smart growth principles by proffering design standards that will result in an attractive amenitized community. Therefore, staff recommends approval with proffers dated June 9, 2026. Thank you.

Speakers?

Yes, sir. We have two speakers. The first is Grady Palmer. Speaking in support, followed by Sam Barocchi.

Good evening, Mayor West, Vice Mayor, members of council. My name is Grady Palmer. My business address, 222 Central Park Avenue in the city of Virginia Beach. It's a pleasure to be here tonight with you. This is a proposal to take property that's currently zoned residential and to rezone it to another residential zoning district to promote the development. One of the things that has changed since the Planning Commission sent you all last night We did get a letter of support from Karen Graham. She's the civic leader at Dock Harbor, which is the immediately adjacent community. And so they had expressed concerns at the Planning Commission. We worked through all those concerns, and now they are in support. So we do ask for your approval. I'm happy to stand by for questions. Thank you. Mr. Baraki is here for questions, I believe.

Okay. Thank you. A motion is in order then with proffers. Thank you, Dr. Ward. Mr. Jeffries? Second. Thank you. Any discussion on this item?

No. You know I'm always excited about something good coming to Western Branch. Thank you. Mr. Jeffries?

Yes, sir. I'd just like to commend the efforts that were made to inform the surrounding impacted residents and help them see the value in the project.

Thank you, sir. We do have a motion for approval. Please prepare to vote. Please vote and record. Madam Clerk.

Council Member King. Council Member King. Approval. Thank you. Motion to approve PLN REZ 2025-021 with proffers as presented as adopted by a 9-0 vote.

Thank you. Next item, please.

PLN, REZ, APM 2026-001, Sawyer Property. J&L Sawyer Holdings, Applicant Owner, Williams Mullen Agency. For an accelerated proffer modification request to amend the conceptual master plan and to incorporate two additional proffers requiring the installation of temporary signage and a temporary, excuse me, and a timing trigger associated with the construction of a pedestrian connection, the property is located at 1917 Elbow Road in the Greenbar Planning Area.

Thank you. Mr. McNamara? The proposed pedestrian connection continues to promote neighborhood connectivity, and the removal of the vehicular connection to Bancroft Road is justified by the presence of historically significant archaeological resources. Eliminating the roadway connection minimizes impacts to these resources while allowing the site to be developed in a manner that is sensitive to cultural and historical preservation. Staff therefore recommends approval with proffers dated June 10, 2026. Thank you.

Madam Clerk, do we have any speakers?

Yes, sir. We have one speaker, Grady Palmer.

Thank you, Mayor West. I'm Vice Mayor, member of City Council. Grady Palmer, 222 Central Park Avenue, City of Virginia Beach. This project was approved last year, and as we got into the details, you can see to the right of the image there, there was an actual roadway extension that was stubbed out by the neighboring development. And that was planned to extend to our project. Uh, what we found out, um, uh, was that that little pocket of, it was actually a pocket of wetlands, uh, in there and some, and actually some buried artifacts. And so, uh, instead of a road connection, the project already has two connections, uh, with a third plan heading east on elbow road. Uh, so instead of a fourth connection, what we propose is instead to make a pedestrian connection through the wetland area. So there's a small sliver. of uplands in there, and so we're able to construct a sidewalk and an elevated bridge as well. And so that's the only change to the project. Do ask for your approval. Thank you.

Thank you. We have a motion, please. Move approval. Mr. Whitaker, thank you. Mr. Smith? Second. Thank you. Any discussion, Mr. Whitaker or Mr. Smith?

No. With proffers dated June 10th.

So we do have a motion for approval with proffers. Council, please prepare to vote. Please vote and record. Madam Clerk.

Council Member King.

Approval.

Thank you. Motion to approve PLNREZ APM 2026-001 with proffers as presented is adopted by a 9-0 vote.

Item D, please.

PLNU CT 2026-001, SAM Circle Communication Tower, SBA Communications Applicant. Scott Lee, trustee for Walmart Real Estate Business Trust, owner, Kimley Horne & Associates Agency. For a conditional use permit to construct an approximately 199-foot-tall communications tower, the property is located at 1521 Sam Circle in the Greenbrier Planning Area. Planning Commission recommends approval with the stipulations listed in the official agenda.

Planning staff the proposed use will be compatible with the surrounding land uses as is adjacent to commercial uses and adequately screened by fencing and vegetation and is consistent with the comprehensive plan staff therefore recommends approval with stipulations dated June 17th 2026 Thank you.

Are there any speakers on this item?

Yes, sir. We have two speakers. The first is Vic Nichols speaking in opposition followed by Shahjad Mahmood

Vic Nichols just have one item. Are we absolutely have in writing that only communications such as T-Mobile are going to be there, and that's all that's going to be put on this? That means T-Mobile, Verizon, something, anything, but nothing else at all. Thank you.

Thank you. Thanks, Speaker.

Shahzad, MoMod, I'm sorry. Thank you. Okay, thank you.

Respected council members, thank you for allowing me to speak. To start by answering the question there, yes, the tower and site is specifically designed for three main carriers to install their equipment on it, and that is Verizon, AT&T, and T-Mobile. We've conferred through our analysis that this is an area of need specifically for all three of those carriers, and this will cover a gap that they have in their network. And I'm here for any additional questions. Great. Thank you, sir.

May I ask a question? Go ahead. I'm sorry to ask you this. Could you give your name and who you're representing, please?

Absolutely. My name is Shahzad Mahmood. I work with Kimley Horne and Associates. And we are here on behalf of SBA Communications and Walmart.

Thank you. Thank you. So we have a motion, please, with stipulations.

Move approval with stipulations. Thank you, Ms. Ritter. Mr. Smith? Second.

Second. Thank you. Any discussion on this item? Please prepare to vote.

Mr. Mayor? Yes.

Dr. King?

Yes. I would like to address the planning director, if I may, please. Sure. I noticed that the commissioners didn't unanimously vote to approve this. There were two commissioners who opposed it. Can you provide any insight as to why they were in opposition?

Mr. McNamara. I believe in this case that there was no necessary testimony to why their opposition, why their vote. So I do not have an answer for that.

Thank you. Okay.

So we do have a motion for approval. Council, please prepare to vote. Please vote and record.

Council Member King. Approval.

Thank you.

Motion to approve PLNU CT 2026-001 with stipulations as presented as adopted by a 9-0 vote.

So this next item is where I think we, I know we have many speakers signed up for, and before we introduce the item, I would like to ask Mr. Price to sort of update us on where we are and where we came from and what this item actually is intended to do. Sure. Thank you, Mr. Mayor.

So last year we had a data center application that generated a lot of community input. It was clear it was not the right location for a data center. Council rejected that data center. But one of the things it did was expose very significant vulnerabilities in our zoning ordinance. So most communities permit data centers in industrial districts in Chesapeake today. Data centers are permitted in industrial districts, but also commercial districts. So think about neighborhood commercial districts or shopping centers or You know large commercial districts our office districts the South Norfolk business overlay district So we permit them in all those districts and not only that we permit them by right meaning in any of those districts a data center could go in with no public hearing and and no approval necessary by city council. So we have no data centers in Chesapeake. We haven't really had interest in data centers in Chesapeake until that time. But once that vulnerability was exposed, council directed us to ensure that if we consider data centers in the future, that they've got to be in appropriate locations. and that they have to be subject to public hearings. And so we originally were tracking two items. One was a comprehensive plan amendment, which would change the policy, the review criteria we use when evaluating applications. And the second is what's before you tonight, which is an amendment to the zoning ordinance, which, for lack of a better term, closes those loopholes that council would have never intended. And so it eliminates, data centers can't even be considered in most of those districts. They could be considered in light industrial and general industrial districts, but only by conditional use permit, meaning that they would have to come before council, go through the planning commission, public hearing process, the City Council public hearing process that protection doesn't exist today So we went through that process to create the comprehensive plan policy and the zoning ordinance update, and it was very clear from the comments we received, we had some work sessions with council, a fair amount of public input to council, and that we did not do enough public hearing, provide enough public hearing opportunities during the process, and we will own that. This is our first time doing something like this. Again, this is a new industry for us. And so council asked us to sort of have a three-pronged strategy. Number one, bring this item forward as quickly as possible so you can close that loophole. So if council acts tonight on the ordinance, data centers won't be permitted by right anymore in the business districts, the shopping districts. They would only be permitted in the the industrial districts and for the most part only through conditional use permit right so it would be the public hearing process that I mentioned unless it's otherwise written into the the zoning of a particular parcel so it dramatically restricts data centers from what's permitted today so that's number one that's what's before you tonight The second is, assuming that passes, then applications become discretionary. Right now, they're permitted. They become discretionary, meaning council would have to approve them. And council asked us to put a pause on all discretionary applications. Why the pause? To address the third thing I said, which was gather much more significant public input on the criteria that folks would like to see us use as we evaluate applications moving forward. So that's the strategy that council asked us to bring forward, and that's why the ordinance is on your agenda this evening.

Thank you. Thank you for that explanation. Madam Clerk, would you please present this item?

PLN Text 2026-001, Data Centers. An ordinance amending Appendix A of the Chesapeake City Code entitled Zoning, Article 7, Section 602, Article 8, Sections 601 and 602, Article 9, Section 502, Article 12, Section 405, and enacting Article 13, Section 3400 through 3407. to designate data centers as a conditional use in industrial zoning districts in the Fentress Airfield Overlay District, provided certain requirements are met. Planning Commission recommends approval of version dated June 17, 2026, as amended.

Thank you. Mr. MacMahon?

The proposed text amendment is consistent with the 2045 comprehensive plan and is necessary to protect nearby residential areas while ensuring that future development creates minimal adverse impacts. The amendment also removes data centers as a by-right use in multiple zoning districts, providing greater oversight and allowing case-by-case evaluation of potential land use, environmental and community impacts. The proposed text amendment also incorporates both mandatory and optional statutory provisions as adopted by the Virginia General Assembly during the 2026 legislative session and reflected in the Code of Virginia. Staff therefore recommends approval of version dated August 3rd, 2026.

Thank you, Madam Clerk. How many speakers do we have on this item?

37.

37 speakers. Once again, we remind you, there's a two-minute limit, and please be prepared to come up as you're called prior to. And also, please remember that we may or may not agree on everything that's said, but let's, again, respect each other's opinions. So, Madam Clerk, would you please call the speakers?

First speaker is Christina Tewin, Chesapeake, speaking in opposition, followed by Michelle Olchey.

Hello, Mr. Mayor and City Council members. My name is Christina Tewin at 946 Shillelagh Road here in Chesapeake. I hope you and your families are doing well. What would Chesapeake gain from allowing data centers when Virginia Beach does not want them? We, the people, are extremely concerned and do not want data centers in our fine city. Why was there a nondisclosure agreement signed by our elected officials for the Praetorian Park project to build data centers on an ecologically important area, the Frank Williams 4,000-acre farm? Why is there consideration for data centers at the Fentress Overlay District? If our city leaders allow these centers to be built, the residents need more assurances that the centers will be good neighbors. There are better technologies available to make these centers good neighbors and the City of Chesapeake should implement the highest standards as suggested by unanimous vote of the Planning Commission. Noise levels, water consumption, setbacks, as well as light pollution should be addressed as laid out by the Planning Commission and your Chesapeake Environmental Improvement Council. Should we not have the best interests of the citizens in mind? We, the people, are already paying much more for electricity because of the power grid upgrade to support the increase in power demand. We would like some assurances from our elected officials that we won't be left holding the bag. Thank you very much.

Michelle Olche, Virginia Beach, speaking in support. Michelle Olche, Virginia Beach, speaking in support, followed by Lee Damore.

Hi, good evening, Mr. Mayor and members of the council. My name is Michelle Olche. I'm the Hampton Roads organizer for the Chesapeake Climate Action Network, here today representing our organization and its members in the city of Chesapeake. I'm grateful to you folks for the opportunity to speak tonight about this ordinance. I agree with the statements that other advocates will have here today about setbacks, noise, the Fentress overlay, and decommissioning standards. The recommendations of the Planning Commission were made in collaboration with many residents who had their voices heard, and their work should remain in the ordinance by this council adopting their amendments. In addition, CCAN has noted a few areas of concern within the draft ordinance that may open the door for developers to dangerously pollute our communities. That include provisions that do not clearly prohibit behind-the-meter fossil fuel electricity generation or limit the capacity of backup generator fleets. On behind-the-meter power generation, due to interconnection difficulties, many data center developments are turning to behind-the-meter gas generation as a source of power for their facilities. These systems are incredibly polluting and loud for neighboring residents or businesses, and this disruptive energy generation does not belong in Chesapeake. The current ordinance lacks a definition of generator as used in Section 13-3406. Thus, the restriction states that no data center may use a generator as the primary source of electricity, could be construed to only be referencing backup generators and not include these behind-the-meter gas turbines. CCAN is requesting confirmation that... this council or the city believes that this ordinance does, in fact, close that loophole. And if not, we are asking that the loophole in the ordinance be closed and this practice be explicitly banned on data center campuses by defining and restricting this use. Thank you. Thank you.

Lee DeMoore, Chesapeake, speaking in opposition, followed by Vic Nichols.

Mr. Mayor, Madam Vice Mayor, members of City Council, good evening. My name is Lee Des Moines. I was out at 921 Whisper Hollow Drive in Chesapeake. I'm here to speak in opposition to the Planning Department recommendations for data center ordinances, which we can propose ordinances in regards to setbacks and noise. The Planning Commission meeting on July 8th recommended increasing setbacks and decreasing noise levels. The City Council suggested a moratorium on data centers until further information could be garnered, including input from the public. With this in place, the urgency to set the ordinances should have been resolved. Where was the additional public input? There was none. The ordinances proposed by the Planning Department are not sufficient. One of the driving factors seem to be the city's interpretation of the Dillon Rule. The city's attorney's viewpoint is that it prevents outright bans and overly restrictive ordinances which have the same result. I provided members of the council and the city's attorney a link which explained how counties like Front Royal and Warren have banned data centers. I received no responses from city council members, and an assistant Chesapeake attorney assured me We are fully confident in our legal opinion. And it is just that, an opinion. I think the city's attorney office should reach out to these other municipalities and others which have interpreted it differently. I also sent a link to an article which somebody else mentioned. The governor supports localities banning data centers. I invite city council to read the room. No data center is supported by a vast majority of Chesapeake citizens. Weakening the ordinances runs counter to the majority. In closing, I hope the true intent of the ordinance is to protect the citizens of Chesapeake and not present a false sense of security. While there is concern on buy-write parcels, the moratorium should allow more public input into the final product. The one proposed by the Planning Department comes up way short. Thank you.

Vic Nichols, Chesapeake, speaking in opposition, followed by Jeff Staples.

Virginia Beach has a video where VB-ers ridicule Chesapeake because they're putting a 12-month moratorium on data centers, but PEEC won't. The NDAs have left many with limited insight into how much water these facilities consume and send back into the system. One report found less than a third of data operators track water consumption. PWC Water's COO projected growth from 4% of the county's water demand to 9% by 2050 is not a radical change. Water use can spike during periods of extreme heat for more cooling. Chip density is increasing, leading to higher room temps and more water chillers needing more water. A federal report estimated an indirect water consumption footprint from electricity use of data centers was roughly 211 billion gallons in 23. Given that 176 terawatt hours of electricity were consumed by data centers in 23, The indirect water consumption is estimated at 1.2 gallons per kilowatt on average nationally in 23. As data centers are expected to consume up to 1,050 terawatt hours annually by 2030, the water usage goes up in parallel. Closed-loop cooling systems use more electricity because 56% of it that is used to power data centers comes from fossil fuels. They generally tend to rely on boilers filled with water superheated by natural gas or coal to produce steam to turn the turbines. The water withdrawals from these power plants are also a significant source of water stress. Downstream farmers with reduced freshwater flow could let saltier water move farther inland, potentially damaging crops and hurting fishing. We have the Northwest River Park in Oak Grove Lake. I don't want to see what happened to my home area of Hyde County, North Carolina, happen to here. And that's exactly what happened. Thank you.

Jeff Staples, Chesapeake, speaking in opposition, followed by Jillian Dillon.

Good evening, Jeff Staples, 1453 Boxwood Drive in Deep Creek. My concerns tonight were not addressed earlier by the city manager and others. Talking about data centers, we will have buy-write data centers, it appears, at the Frank Williams Farm. Praetorian Park Coastal Virginia Park whatever it is today that is one of my main concerns about the seeming disorganization that we are seeing between elected officials appointed officials in our city staff on the evening of August 10th 2026 it was announced that Praetorian in a LinkedIn post had purchased the entire Frank Williams farm in including a 1400-acre section that the city had made a down payment of $14.3 million for. The property was sold evidently by the Chesapeake Economic Development Authority, which is composed of city staff members and volunteers. When I asked many of you on the council, they indicated you knew nothing about the sale beforehand. How can that be? Is the EDA given that much authority? that they can buy and sell taxpayer-paid-for land without publicly elected officials' knowledge and agreement, then this policy is broken. There should have also been a public hearing on this matter as well because there was a public hearing on allocating the money for it. Then we have city staff working on this ordinance. They have mostly waived off the original changes made to it by the Planning Commission that is composed of members of the public Appointed by our City Council. Where's the democracy in staff being able to dismiss a public panel's input?

Yet another thing is the Dillon rule question Thank you Jillian Dillon Chesapeake speaking in opposition followed by Rogard Ross

Hi, my name is Jillian Dillon. I live at 621 Saddlehorn Drive in the Finchers Airfield overlay. I went to the planning commission meeting on July 8, and I listened to all the members talk about how they didn't want data centers either, and how all these reasons that all these people are saying, were relevant, and they cared about farmland, and they cared about the people. But not one of them said, oh, let's take the Finchers Air Foot Overlay off the table. They unanimously voted to have it on the table. That is not an industrial area. It's an agricultural area. And you all know why. And you all know what it's going to do. So please, please vote and take this Ventures Airfield overlay off the table if you care about us and you want us to have the land that we bought. We didn't move out there to have a data center in our backyard. I moved out there to have horses in my backyard. Please do the right thing. Thank you.

Rogard Ross representing Chesapeake Sustainability Network speaking in opposition.

We have a handout that I passed.

Excuse me?

Was the handout being passed out?

It went down.

OK, thank you. Rogat Ross, 3800 Rivercross Place in Chesapeake, Virginia. As mentioned, I'm speaking for the Chesapeake Sustainability Network. As I have mentioned, this ordinance also sets the setbacks, sets the noise limits, and it opens the Pinterest overlay. I could spend an hour this evening giving a detailed presentation on why the noise limits being presented by the planning staff are based on some incorrect assumptions. They poorly implement the recommendations from Prince William County Noise Study and are simply too loud to protect the people and wildlife near data centers. Likewise, explain why a half mile setback is reasonable. But I only have two minutes. In the handout, we've listed all groups' minimum acceptable safeguards that we ask you to consider to include in the ordinance if you approve it tonight. Please incorporate those changes. Please do not open the Fentress overlay to data center development. We do not want a data center alley in our city. These are not your daddy's data centers. They use tremendously more water, tremendously more power than any data center ever has in the past. The people of Chesapeake are saying loud and clear, we don't want these large, power hungry, water hungry data centers in our city. They create too much noise, heat pollution, and other environmental degradations. We urge you to listen to the public's call for stronger safeguards. protect us against the negative impacts of data centers in our community. The data center decision you make tonight will have significant long-term impacts on our city. We're all watching. We're hoping that you do the right thing. Thank you.

Amanda Miller, representing South Chesapeake, speaking in opposition, followed by Mike Hoffman.

Mr. Mayor and members of the council, Amanda Miller, 416 Collington Drive, Fentress area. My neighborhood is on Centerville Turnpike. And to say that my family and neighbors would be affected by any potential data centers is an understatement. I would like to make it quite clear that I am opposed to any data center development in Chesapeake, though I do appreciate council addressing loopholes in the ordinances. As we have seen all across the country and our state, data centers have had negative impacts on local communities and the environment. They use exorbitant amounts of electricity driving up our energy bills, which the data centers do not absorb the cost of. Their cooling systems consume millions of gallons of water daily, stressing our supply and risking the quality of water we use. This is the water we drink, cook with, clean with, and bathe our children in. Then there's the air pollution. I like to breathe when I go outside. How about you? I mean, it's pretty cool. I also don't relish the idea of sending asthmatics to the emergency room either. Areas that have seen data centers pop up do see more medical emergencies and illnesses. That's going to stress the local infrastructure. Don't forget the noise pollution. And yes, I know, we have a bit of that already. Jet noise is acceptable. But that's the price of freedom. Data center noise is the cost of higher electric bills, a risky water supply, and illnesses. Who loves golfing? You love the Battlefield Golf Club? Do you really want that interrupted by the constant irritating noise of the data centers? How about the wildlife? Living in Hickory has the benefits of a rural setting while the convenience of the suburbs. I love going to get my groceries from the Harris Teeter or Kroger. And then I come back and I see some deer in the fields. I see wild turkeys popping their heads up. But I digress. Thank you.

Mike Hoffman, Chesapeake, speaking in opposition, followed by Dr. Charlotte Worley.

Honorable Mayor, Vice Mayor, members of City Council, my name is Mike Hoffman. I live at 1206 Pino Court. I've attended meetings researching this issue since the ordinance was made public. I had a speech prepared tonight with technical points about noise and setbacks, but I scrapped it on Sunday afternoon. After church on Sunday, I decided to take a drive out to the Fentress Overlay area. I wanted to see the area that I've been fighting so hard to protect. And you know what? It's absolutely beautiful. I saw farms. I saw neighborhoods. I saw forests. I saw a small church and the beautiful Pocote River, which happens to be part of Virginia's designated state scenic river system. And I realized something that afternoon. The Fentress Overlay is special. Southern rural Chesapeake is special. Chesapeake is special. I believe God built this city differently. He gave us a special gift. And whether you share that belief or not, I think we can all agree on one thing. This city is different. We are not Prince William County. We are not Manassas. We are Chesapeake, and we're different. You'll hear tonight that data center development benefits the city. The proposed restrictions are adequate, so stronger protections lack precedent, may not be legal. But I tell you here tonight, Chesapeake should establish standards based on what's right for Chesapeake, not rely on what other communities have accepted. So tonight, I ask the council just two things. First, do not open the Fentress overlay area tonight it is not a loophole that needs to be closed and second i challenge you to take these next eight months and not simply decide how to regulate data centers but decide where under what conditions and if they even belong in chesapeake the decisions that the council is going to make tonight and over the next eight months may change the very character of the city for decades to come so i'll leave you with one more one more question

Dr. Charlotte Worley, Chesapeake, speaking in opposition, followed by Dennis Cashman.

Next speaker, please, sir. You're out of order.

Good evening, Mayor West, Vice Mayor Ritter, and council members. I'm a lifelong resident of Chesapeake and reside at 853 North Haven Circle, Chesapeake, Virginia. The matters of city council matter to me and mine. What matters tonight is data centers. However, please allow me to assure you that data centers are not inherently bad. In fact, they can serve very positive outcomes for some communities. Just not ours. Last council meeting, you voted for an eight-month moratorium to further study the impact of data centers. Well, frankly, I'm going to posit to you right now, the jury is back in. The decision should be made. You have ample data to make a good decision about our city. We have told you what we want. Sadly, I fear that this will become another Virginia natural gas debacle where the voices were not heard and a decision that we did not want was made. It's time to turn it around now, do the right thing for Chesapeake, where we, what is it that's on our seal? What's on our seal is where we live, where we learn, where we farm, where we work. thereabouts, and that we have one purpose, and the purpose of Chesapeake City is to protect and serve our citizens. You have the data. Make the right decision. Make that loophole so thin that nobody would even want to come to Chesapeake.

Thank you. Dennis Cashman, Chesapeake. I'm passing it out, sir.

I'm Dennis Cashman at 1018 Grantham Lane, Chesapeake. I oppose the data center development in the Fentress overlay district as currently drafted. This ordinance relies on SIC code 737, a generic code meant for office-based computer programming. Let's be honest. These are not office spaces. They are massive, heavy industrial utility plants with continuous cooling infrastructure and emergency backup generators. The city must reject this classification loophole and mandate specific codes like 7374 or 7376 to ensure proper heavy industrial compatibility. If you apply this correct SIC code, data centers are prohibited in the overlay. Second, the proposed 100-foot property line setback and 1,000-foot structural setbacks are dangerously insufficient. The science on it, low frequency, does not support these numbers. A data center generating unmitigated low frequency hum of 68 decibels at 100 feet will only decay to roughly 50 decibels by the time it hits a home 1,000 feet away. At 50 decibels at DCB, a continuous 24-7 hum at this level is proven to cause chronic sleep, stress, fatigue, and anxiety. Because distance cannot solve this, the city cannot rely on a 100-foot buffer. If you insist on keeping this dangerously short distance, you must legally mandate the developer to install state-of-the-art proven mitigation strategies before any site plan is approved. The safest path forward and what jurisdictions nationwide outside of Virginia are doing is moving toward maximum setbacks. I urge this council to codify an aggressive non-waverable ordinance requiring a minimum setback of 1,600 feet from all residential property lines, 3,280 feet from the existing residential structures. Finally, technical standards mean nothing without transparency. When municipal workers and economic development staff sign non-disclosure agreements with megawatt data center developments, public safety is deeply compromised. NDAs hide the true scale and strength of the water depletion discrepancy.

Lynn Cross, Chesapeake.

I'm sorry, you must implement an immediate ban. Your time is up.

Followed by Jennifer Anderson. Who?

Who did you call?

I called Lynn Cross. Thank you.

Thank you, Council, for hearing me tonight. My name's Len Cross. I live at 1086 Horwich Drive in Cairnhouse Estates. Data centers has to be one of the most important items the city of Chesapeake has ever had to decide on. and you need to decide is it worth the health property and everything else values the city, the quality of life, property values. You guys want to stop putting any data centers in the whole city where all of y'all live. but the people at Fentress Airfield overlay, you want to cram it down our throats. And, you know, y'all put Maine Water Line down Etheridge Manor Boulevard years ago and fiber optics. Why is that? That seems strange, doesn't it? Sounds like the political party of Chesapeake is the one that wants to do this, and y'all got to vote for it, and it's not right. Thank you.

Jennifer Anderson, Chesapeake, speaking in opposition, followed by Walt Murphy.

Good evening. Jennifer Anderson. I reside at 1002 Broward Way in Chesapeake. Since June 17th last year when I spoke in opposition of the Etheridge Lakes Data Center, I have seen no data or studies that show what a safe distance from a data center is to residences or farms or anything like that. But do you know what I have seen? It's communities all over the country speaking against data centers being anywhere near residences or their natural resources. Erin Brockovich has data centers on her radar, and she's remarked that you tick off one mom, she'll bring another ticked-off mom, and this whole country's full of ticked-off moms and other citizens. These moms and other citizens are voting out their elected officials who are casting aside the safety of their constituents to support a multi-billion dollar industry that doesn't care about the fallout and short or long-term effects of these blights on the land. We do not want conditional use permits for data centers because we do not want data centers at all in Chesapeake. We do not want to keep coming back on Tuesday nights to hear from the next company that's going to insultingly offer proffers which do not have public health or safety in mind. Thank you.

Walt Murphy, Chesapeake, speaking in opposition, followed by Len Keffer.

Good evening. I'm Walt Murphy. Council, thank you for your time. My family and I transferred to Chesapeake in 2007. We selected Chesapeake because it was a quiet residential agricultural area. I retired in 2011, and our family chose to remain in Chesapeake because of the quality of life. If you allow this data center to be built, that quality of life is gone. No question. A year ago, We, the community, and you, our leadership, sat in this very office and said no to data centers. There's no more water. There's no more electricity. There's no more environmental improvements that have happened. Yet we bring it up again. Are we going to do this every year? I ask you as leadership, make a decision and say no. Sponsor and be behind your taxpayers, your people that you represent, you represent, and say no to data centers. It's unacceptable. Thank you.

Lynn Kepper, Chesapeake, speaking in opposition, followed by Nancy Cashman.

Good evening, Mayor West and Vice Mayor Ritter and city council members. My name is Len Kaffer and I live at 700 Bedford Street in Chesapeake, which is in the Fentress Overlay District. Seems that everyone agrees that data centers should not be in residential areas but rather in industrial areas or industrial parks, if you will. That being the case, how can it be a good idea to include the Fentress Overlay District as a potential or possible area to put data centers? Looking at the overlay map, there's a lot of homes in that district, but not one single large industrial site such as Cavalier or Greenbrier Industrial Park. Not one. Not one single one. The overlay district is not an industrial area. It's not an industrial park. And it's unfair to those of us that live there for planning city planners to include us into that category. It just doesn't fit. So I'm asking you to please take the Fentress Overlay District out of your list of potential sites. Thank you.

Nancy Cashman, Chesapeake, speaking in opposition, followed by Donald Fox.

Hello, good evening. I'm Nancy Cashman, 1018 Grantham Lane. Here we go again. We're fighting to keep data centers out of Chesapeake. And I have to ask, when communities across the country are questioning, restricting, and refusing to have data centers, why is our city council proposing to put them here? Who is really benefiting from this? Because I can tell you who I don't believe is, and that's the citizens of Chesapeake. Are the incentives or financial benefits involved that the public needs to know about? If these projects are such a good deal for our community, then let's be completely transparent about who benefits and how much they benefit and what the citizens are going to have to give up. We also need to talk about fences, air loop, and everybody's covered that pretty good, but I'm against them being put there also. And let's not forget about a rural farmland. Chesapeake rural character is one of the things that makes our city special. Once farmland's been paved, once it's been paved and developed, we don't get it back. We will not have those anymore. We protect these open spaces, and instead of continually trying to turn them into industrial sites. Most importantly, we must protect our citizens. Data centers should not be placed near residential neighborhoods, schools, hospitals, and other places where people live, work, learn, and receive care. We have responsibility to consider the noise, the power dividing, the water use, traffic, environmental impacts, and the long-term effects on the quality of our life. Virginia is already carrying a tremendous data center burden, about 25%. of Virginia's electricity is reported being consumed by data centers, and you can check on that fact. That should make us stop. Very simple question. How much is enough?

Donald Fox, Chesapeake, speaking in opposition, followed by Paul Doran.

Donald Fox, 1333 Laurel Ridge Lane, Chesapeake, Virginia. We have two choices. And we've actually heard the gentleman right there, one, two, three, four up, kind of talked about doing the right thing. A couple of people in here said it. But I think what we're being told, maybe you all are being told, is to do things right. Do things right is what the city attorney would say. is probably the best way to handle things. Do only what the policies procedures require. So as you notice tonight, we don't have a big showing. Why? Because 95,000 families, for the most part, didn't know anything about this policy. No letters sent out. In 2025, there were 8 to 10 letters sent out to homes on my street, but I didn't get one because I was 13 houses away of that data center in 2025. Thankfully, word got out and there was a good turnout in spite of doing minimum notice by the city. So what should the city do, you ask? Do the right thing. Do your best, not do things right. Notify as many humans as possible. Use cities' available notification system. Notify me of mosquitoes, storms. So why not something as important as a data center? So do the right thing. Don't just do things right. Keep citizens aware of anything data center related or extreme solar farms, battery storage, energy, water, noise. Inform your citizens. Do the right thing. Don't do things right. Do the right thing. Thank you.

Paul Doran, Chesapeake, speaking in opposition, followed by John Royal.

Hey, good evening. Paul Dornwin, Johnstown Road. Bought my house here eight months ago. I did all the right things. I worked hard. I saved up my money. I told us it's a great place to live. A city that cares is what I was told. I got to tell you, it's my first one I ever came to. I never wanted to show up to one of these. Prayer's a great touch. I'm sure God is stoked. We're giving up our land, our natural resources, and our homes for corporate greed. That's awesome. We don't need a data center. For what? What data are they housing? They bring absolutely no jobs. Once that concrete box is built and those bulldozers leave, you're left with no jobs. They are autonomous. You're talking to somebody who works in tech. There is no one in there. They staff maybe 25 to 50 people tops. And that's mostly security. That's it. They have remote techs that go in and touch it, and then they leave. So you're going to destroy it all for that. And that's not even the craziest part. I would encourage you to take a ride up north of Virginia, where I work, and have to come back down to, and see how bad the quality of life is in Loudoun County. See how loud it is living next to an Amazon data center that's 700 feet from their house. And you want these now to be, what, 1,000? It's a 24-7 hum. These people's lives are ruined. Their property values are ruined. For what? For what data? Government surveillance? Corporate greed? There is absolutely no need for this. And the craziest part of this entire thing, as I read through it on my lunch break, the craziest part is that Dominion is sitting here trying to tell me that they want a backroom verbal deal about their grid. If their grid can't support this in my town, that's a hard stop, period. There should be no data center. In what world is a verbal agreement that this should work out a good idea? It's insanity. I mean, it's just watered down recommendations over and over and over again. How many times do the residents of this town have to tell you, we do not want this? We don't want them in the woods. We don't want them in Fentress. I don't want them anywhere in this country. Virginia alone, this state alone, holds 45% of the world's data centers. For what?

John Royal, representing Chesapeake, speaking in opposition, followed by James. One moment.

Ladies and gentlemen, again, the next speaker cannot hear him being called. If you're clapping, please hold the clapping. Thank you.

Hey, good evening. My name is John Royal. I live on 1500 Beaver Dam Road. I've been here for about three years. We lived in Virginia Beach prior to that. And we got tired of the city, so we wanted to move to the country. So yeah, we're kind of country. We got fields behind us with corn, whatever crop they're growing this year or the next year. We love it. We love having a well. We love having our own water and being able to feed our chickens and ducks and things of those natures. Now, I haven't been out here near as long as many of these people have. But their livelihoods are at danger. Mine's not. I work for the federal government as a civil servant. I work from home. I'm blessed. But I still care about the land that's behind me, the land that's across the street from me, which is part of the Civil War Trail, the Cuffee Town area. So all that stuff is going to go away. And I think you know that. So I know who I am. I know whose I am. And when you look up there, it says, in God we trust. That's who we trust in. And we're putting our trust in you just like we are God. So do make the right choice. Get rid of this overfield, the airfield overlay district, and just get rid of the data center altogether. Thank you.

James Gagorski, Chesapeake, speaking in opposition, followed by Justin Smith.

Good evening, Mr. Mayor, City Council, staff.

My name is James Gorgorski. I'm on Mega Drive in Fentress, and I represent some of the residents living there. Remove the Fentress overlay. Just last year, this council had to unceremoniously reject a massive 350,000-square-foot data center pitched right at the corner of Etheridge Manor and Centerville Turnpike. following massive backlash from the immediate neighbors. Residents have been left with no choice but to lay the foundation for judicial review on this matter. We do not take this step lightly, but we're doing so because established city protocols and commitments are being set aside. In the introduction, Mr. City Manager, you never said the two words, Fentress Overlay. It's striking that that monitor not once has shown a map of the overlay and where conventional use permits could be provided. Now, I provided media to city councils so they can understand exactly what it is that the residents are talking about and how close to the neighborhoods that these data centers could be located and how they violate city noise contours in the AQ zone. Second, voting on this amendment tonight directly violates this council's own explicit directive from July 21st, which correctly recognized that additional public research and community input were mandatory before taking action. Moving forward tonight bypasses that promise. Third, adding the Fentress overlay actively undermines millions of dollars in taxpayer funds that the city and the US Navy spent specifically to purchase development rights and preserve Fentress as a permanent agricultural buffer. Furthermore, this expansive is entirely redundant with the 4,000 acres at Coastal Virginia Commerce Park.

Thank you, sir.

Thanks for your time and attention. I left you some media as well to help you absorb the complexity. Thank you.

Chesapeake speaking in opposition, followed by Carl Every.

Hi, my name is Justin Smith. I live at 505 Woodsmere Road. Good evening. When somebody hears Ventress Overlay, they may picture this enormous stretch of empty rural land, plenty of room to separate industrial development from everybody else. But once you start looking at what's actually there, the picture changes. You have the airfield. You have a large solar facility in the area. You have major electrical transmission infrastructure. You have the land that has been preserved or protected. You have active agricultural land. And then nearby, along portions of the overlay, you have established neighborhoods and homes where people have lived for years. That geography matters because developers don't choose sites randomly. They often look for large parcels and access, especially with data centers. They look for proximity to power. So when we put the Fentress overlay into this ordinance, We shouldn't just look at the total acreage and assume that there's plenty of space. We should ask where the realistically developable land is. Where is it in relation to existing homes? Where is it in relation to the transmission infrastructure? What happens when multiple developers are looking for those same advantages? And what happens to the character of the area if those applications begin arriving one after another? That's why residents are concerned, not because somebody drew a data center on a map and we don't like the picture. We're looking at the physical constraints of this area and asking council not to create development pressure in a place where the available land, infrastructure, and surrounding neighborhoods are already competing with one another. And there's another issue we haven't really solved, and that's scale. A relatively modest standalone data center and massive data center campus are not the same land use in any practical sense. Their acreage, electrical demand, supporting infrastructure, potential effects on neighboring property can be dramatically different. Yet we're talking about making data centers eligible. Thank you, and please take it off the books.

Carl Every, Chesapeake, speaking in opposition, followed by Dennis Black.

Carl Every, 521 Fordsmere Road. I'm the Civic League president for Wooders Mill. We believe the amendment gives Chesapeake an opportunity to establish stronger standards for data centers, which is ideal, right? We support having strong standards, but we don't support using those standards to expand data center eligibility throughout the FENTRIS overlay. A CUP may provide another public hearing, but it still means we've written data centers into the list of uses we're willing to consider there. Once this happens, every individual application becomes another neighborhood fight over whether this particular parcel or this particular developer or this particular facility should be approved. We shouldn't put residents, council, or developers, I know, through this process if we haven't first decided that this is a type of industrial development that belongs on land that is not industrially zoned. Our position is simpler than that. Data centers should be located in areas appropriately planned and zoned for industrial development. The Fentress overlay should not itself create a separate data center pathway for property that is not industrially zoned Don't mistake this for not in my backyard We're asking City Council to apply a land use principle that should work in everybody's backyard Put the industrial development where industrial development belongs remove the Fentress overlay from the data center amendment and Remove the Fentress overlay from the data center amendment.

Dennis Black.

Thanks for being ready.

Speaking in opposition. Followed by Ozon Duran.

Good evening. My name is Dennis Black. I live at 416 Willowbrook Way. And I have heard a lot of very good points tonight, but as a mechanical engineer of 45 years, what's missing, I believe, is the facts, a summary of the facts, the report that summarizes the big issues that are like the financial, the legal, the infrastructure issues, the environmental impacts, the numbers. Engineers were all about the numbers we say in God we trust everybody else brings the data Okay. Now what's missing is the data? So what I'm advocating here with all the good comments tonight is there needs to be the factual report and that needs to be put together by you know recognized experts who are not biased and something that you can have in your hand and you can all look at and because otherwise we're just beating our gums together here. Where's the report? And I challenge the city council to put that in motion. Then we'll be able to talk rationally about this and the real issues and the real numbers. One last thing then I'd like to say is there's a book that kind of comes to mind from 1841, which I think is sweeping the nation on this. And it's called The Extraordinary Popular Delusions of Madness of Crowds. And I think that's what swept the nation related to data centers, not just Chesapeake, but the data centers. And it is another one of those where it's the madness of crowds. And there's been many of those in the book. I challenge you to look it up. You don't even have to buy it. You can read it as a PDF published in 1841, situations over the, since 1600, where there's been mass insanity. And I think this is one of them, personal opinion. Get the facts.

Ozan Duran, speaking in opposition, followed by Kaylee Duncan.

Good evening, Mayor, Vice Mayor, and Council people. My name is Ozan Duran. I live at 1125 Lilac Avenue, Chesapeake, Virginia. My request this evening is simple. Stop stalling. A moratorium is stalling. We don't need more time for city staff to tell us that data centers store the internet or that we don't deserve protections from mistakes that other counties have made. We don't need time for the Chesapeake Alliance, which has a $1,500 membership fee, to lobby ordinances, say how important smartphones are, and feign importance of data centers. None of the members of this council have signed a petition opposing data centers. All other candidates have. Based on how friendly council and the planning department have been towards data centers, Praetorian is currently trying to hire for positions for a data center to be opened as early as 2028. That is the same timeline that suspiciously fits this moratorium. Stop kicking the can down the road. The planning department and council need to uphold the protections that the people and the planning commission painstakingly recommended. The planning department argued that it couldn't find instances of stronger protections than the ones proposed. We don't need to repeat the mistakes of others. We don't need to follow them off that bridge. With the precedent of the planning department stripping protections and city council not attending data center protests, not signing the petition, and being unable to be transparent about the presence of NDAs, voters this November are aware that the fox is in the henhouse. The question tonight is, how many foxes are there? Thank you.

Connie Duncan. Speaking in opposition, followed by Carol Warren.

Good evening. I'm Kaylee Duncan. I just want to state real quick, while I am here to support any regulations on data centers, I'm here to say I oppose data centers, just to get that out there. I'm in South Norfolk, by the way. There will be no meaningful increase to jobs or income for people here, because we've heard already, they don't have a lot of staff. There's barely any income from tax breaks. They're going to show up and take and take and take. And none of these tax breaks to them is going to affect us in a good way. Dominion is conditioning us right now to reduce our energy use on peak hours. And I believe that truly is not to improve our efficiency. It is to get us used to going without power once data centers show up. It's to help us tolerate going without, because they will take all that they need to take. We are becoming a vulnerable state for drought. Why would a state that is vulnerable to drought welcome a data center that's going to go the cheapest route in cooling and use just water instead of their coolant-specific systems? There's noise pollution problems. Imagine there being a car with its subwoofer sitting in your driveway running 24 hours a day. If that annoys you, imagine how your pets will feel about it or the native wildlife here that are struggling already. These CEOs don't live here. They don't have to care if you are happy, or if you are healthy, or if you are enjoying your livelihood in Chesapeake. All they care about is making sure that their money lives on our land, gets them what they need, and to hell with the rest of us. Thank you.

CAROL WARREN, speaking in opposition. Carol Warren. Susan Sherbo, Chesapeake, speaking in opposition, followed by Michael Jamison.

Good evening. My name is Susan Sherbo. My address is 1424 Waterside Drive South in Chesapeake, New Jersey. Chesapeake, Virginia. I'm formerly from New Jersey and I think of New Jersey often now because they have data center issues too. And I came from a place where we have very fine forests and excellent water and they've been fighting data centers up and down the East Coast here. So I'm here tonight to recommend an opposition of data centers, especially those in Fentress. I believe water is precious. It's essential for life. And in coastal southeastern Virginia, it is shared. And that was a misconception at a meeting a while back with the planning commission. that we could just get whatever water we needed from Lake Gaston. But it is shared water. The only drinking water sources within Chesapeake are the Northwest River and private wells. So we need to protect those water sources that are only ours. We rely on shared source waters from Suffolk and North Carolina. And while there might be some flexibility with Lake Gaston, it's not guaranteed because we are looking at a drought-ridden future. The Potomac River Aquifer runs the length of Virginia and under current conditions reported recently, groundwater levels are expected to decline in the next five to 10 years. So we have to problem solve how we're going to be living through worse drought. It is unlikely over the next years that data centers will find sufficient groundwater east of I-95. That's where we are. DEQ will be holding a water meeting on August 20th to discuss these issues of drought and how we're going to deal with our water issues. So I think it's really important that we all listen and pay attention to that. Thank you very much.

Michael Jamison, representing Self, speaking in opposition, followed by Reverend Kevin Ritter.

Hello, good evening, Mr. Mayor and members of City Council. My name is Michael Jamison, and I'm a Chesapeake resident, and tonight I speak for myself and the trees, asking for transparency and accountabilities. I strongly oppose data center development here, but with the Commerce Park now under agreement for acquisition by Pretorian Fund, The clock is ticking to get these protections right. While data centers have only become a broader public conversation in Chesapeake, efforts to bring them here began years ago. The Chesapeake Alliance has publicly advocated for these opportunities from supporting development of the Coastal Virginia Commerce Park in 2022 to promoting Chesapeake as a home for the industry by 2023. Dominion Energy was and remains represented on the Chesapeake Alliance's Board of Directors while also participating in these conversations as Chesapeake's electric utility. Every organization advocates for its own interests, but Mr. Mayor and members of council, you have a different responsibility. You represent all of ours. On February 23rd, City Manager Christopher Price, on your behalf, asked Dominion whether growing data center demand could increase the cost for existing customers. A written response and public council briefing were requested. Days later, the city told residents Dominion's response would be posted when received. As of today, it isn't. Then on August 7th, an amendment sent to you, the planning department reported that Dominion called a planning commission protection too specific. It would require certification that data centers would not materially diminish electric services to existing customers. Staff recommended removing it. Dominion has made it clear what it won't put in writing. Before removing a protection because that assurance won't be provided, demand the answers necessary to know why and share them publicly so residents understand the risks they may be asked to bear. Use these eight months to hear from the Virginians already living beside status centers, what worked, what didn't, and what do they wish had been requested. Voters get less than half that time to decide who they trust to get this right. In 2022, in speaking about the Coastal Virginia Commerce Park right here in City Hall, Chesapeake Alliance Chairman David Ropp called it a once-in-a-lifetime opportunity. On this, I actually agree. Once-in-a-lifetime means exactly that. We only get one chance to get this right. and only one chance to protect the land, wildlife, and people who call Chesapeake home. Thank you.

Reverend Kevin Ritter, Centerville Baptist Church, speaking in opposition, followed by Louis Sapice.

Mayor West, thank you. Debbie Ritter, we're not related, but we tease about that all the time, right? And the rest of the council, I thank you for listening to us. I pastor a church that's right across the road from what could be a data center. I can't imagine having Sunday morning worship service and having one of these loud things going across the road. I also have 150 children in that building five days a week most weeks. Some of your very own relatives and grandchildren and many people in this very place have children that currently attend our church. I want you to stand between us and these kinds of things. You're here to keep us safe. I am the leader of an organization that I have to work to keep people safe. I have to work to take care of people. And I expect that out of you all too. It seems easy. Just say no. No to the Fentress overlay. I appreciate that you're trying to find a way to make this work because I understand the issue of compromise. I have to do it all the time in meetings. But this seems like a pretty simple issue. And I haven't been given a good reason why we have to even consider them to have a possibility to be built across the road. I live at 1449 Fentress Road. If you go to the church, you know where I live. I live in the house right next to the church. I have to. I'm the pastor. That's how it works there. i don't want to have to it's loud enough with all the motorcycles and everything else it's just good that we got rid of frankie everton's mules back a few years ago that i didn't have to hear them so much and yes pearl and jack but they were wonderful these data centers will not be and i ask you to help us please

Speaking in opposition, followed by Elizabeth Gibson Palmer.

Good evening, Mayor. My name's Louis Spies, and Councilman. I am the operations farmer at the Fentress Giving Garden. It is a property owned by Centerville Baptist Church, and it is staffed by five churches here in Chesapeake. We produce about 18,000 pounds of fresh vegetables year round. That's 72,000 vegetable, contributing to 72,000 vegetable meals a year. I am in opposition and so is the garden in opposition of the Fentress overlay, considered as an industrial property for data centers because it's incompatible with the Fentress Giving Garden and its mission. We rely extremely heavily on a well. If we don't have a well, that garden will turn off. and we will provide no vegetables to the indigent poor of the city of Chesapeake. I rest my case. Make the right decision.

Elizabeth Gibson Palmer, Chesapeake, speaking in opposition, followed by Steve Cowan.

Good evening, Mayor, members of the City Council. My name is Elizabeth Gibson Palmer, and I reside in Elmora Ridge Lane. I want to be clear from the beginning. I oppose status centers, but most importantly, I oppose this ordinance as it's been presented to you tonight. The Planning Commission recommended setbacks of 1,320 feet from the property lines and 2,640 feet from homes, with lower noise limits at night and during the day. Those recommendations were made for a reason, because there are legitimate concerns about the long-term impacts on residents, agriculture, livestock, and our quality of life. Yet the ordinance presented to you reverts the original, less protective standards. Why ask the Planning Commission to listen, study these concerns, and make recommendations if we're going to disregard them? We were also told there would be an eight-month moratorium, a chance to slow down, study the impacts, and get this right. Yet one month later, here we are again. And residents continue to show up. We send emails. We attend meetings. Tonight, we get two minutes to speak. We can ask questions, but we don't get answers from you. We don't get to have a conversation with the people that we elected to represent us. And we are the ones who have to live with these decisions. Our homes deserve more than a 1,000-foot buffer. Our properties deserve more than 100 feet of separation from massive industrial development. There are also concerns about continuous noise and the impacts on farms and horses and cattle. If we don't fully understand the long-term impacts, why would we choose less protection? We can't move our homes later, farmers can't relocate their land, and the horses and cattle certainly aren't coming before council to use their two minutes to speak to you. The Planning Commission recommended stronger protections for a reason. Please listen to them. Listen to the residents who continue to show up. I oppose this ordinance as presented. I oppose data centers and restore the stronger setbacks and lower noise limits recommended. Protect Chesapeake now because we cannot undo these decisions later. Thank you.

Steve Cowan, Chesapeake, speaking in opposition, followed by Gerald Chibitar.

Steve Cowan, 808 Brookside Arch, Chesapeake. So tonight, we'll have exhausted all the words we have about how no one wants us in Chesapeake. But you guys will have ample time to discuss your own personal opinions. So I'd like to see some backbone. Just go on record if you're encouraging them or if you're against them. If you don't want ordinances strict enough to ban them, just hear it. As a community, let's just hear your own personal opinions. And then we can just vote accordingly. But, you know, there's something uniquely suspicious when it comes to city leadership and data centers in the country. In fact, last summer, a group of neighbors concerned about the data center development submitted multiple FOIA requests to the city. One specifically sought communication from members of city council. So at 12-29 on June 10, 2025, the city formally responded stating no records had been found and closed inquiry. Wanting to understand, that conclusion was reached A SECOND FOIA REQUEST SEEKING THOSE RECORDS ABOUT HOW THAT ONE WAS HANDLED WAS SUBMITTED, AND THOSE RESULTS WERE CONCERNING. TO CITE THE CITY CLOSING THE ORIGINAL REQUEST AT 1229 P.M., RECORDS OBTAINED IN THE FOLLOW-UP FOIA SHOWED THAT IT WAS NOT UNTIL 332 P.M. THAT SAME DAY THAT THE REQUEST WAS FORWARDED TO MEMBERS OF CITY COUNCIL WITH INSTRUCTIONS TO CHECK FOR RESPONSIVE RECORDS. JUST TO CLARIFY, THE CITY OFFICIALLY CLOSED A FOIA REQUEST CLAIMING NO RECORDS EXISTED THREE HOURS PRIOR TO ASKING THOSE WHOSE RECORDS WERE REQUESTED TO LOOK FOR. OUTSIDE GUIDANCE WAS EVEN REQUESTED. THE VIRGINIA COALITION FOR OPEN GOVERNMENT OPINED IN WRITING IT WAS SUSPICIOUS IT WOULD BE CLOSED BEFORE CITY COUNCIL WAS NOTIFIED. THE VIRGINIA FOIA COUNCIL RESPONDED THAT COURT INTERVENTION WOULD BE NECESSARY TO DETERMINE IF THERE WAS A LEGAL VIOLATION. BUT WE SHOULDN'T HAVE TO CONTEMPLATE LEGAL LITIGATION TO UNDERSTAND IF YOU'RE PROPERLY SEARCHING FOR PUBLIC RECORDS REGARDING DATA CENTER CONVERSATIONS. So tonight, council is being trusted to make decisions on ordinances that will shape that of center development in Chesapeake. It was three minutes and 14 seconds.

Gerald Chevatar, Chesapeake, followed by Morgan De La Grange.

Good evening, honorable mayor, members of city council, and staff. I'm Gerald E. Chevatar, residing at 1318 Old Coach Road, Chesapeake. I've been a resident of Chesapeake since 1973. One of the great things that Chesapeake attracted was us, families, future leaders, and business. You all have heard the good and bad of these centers. If they are to be considered, location, location, location, not in the Fentress overlay area. in industrial parks that are zoned for these type of animals. These dentist centers will be a downfall to personal property values, quality of life for our entire wonderful city. The insatiable power needed by them made it necessary by the massive electric substation, power grid lines, and lithium battery storage area that has been proposed and set back or withdrawn. Those areas with established data centers are regretting their earlier approvals throughout Virginia and the nation, and leaders are researching and listening to their constituents. Please hear us. Please see us. It is very unfortunate that Dominion Virginia Power put the cart before the horse, and if the merger goes forth with NextEra, the future need will even be greater. I thank you, and I look forward to you all doing the right thing for us. Thank you.

Morgan Delagrange, South, speaking in opposition, followed by Michelle Hunter.

Good evening, Morgan Delagrange. I'm on Maxwell Street in the Fentress Overlay District. I can appreciate the getting rid of the buy-right situation and requiring conditional use permits They kind of work. But what I cannot and I will not support in the current amendment is bringing the Fincher-Soverly District in as an option for data centers. We carry our fair share of pollution for what is mostly rural living. We've got a pile of pollutants. You can take a pick. Water well is polluted from the Navy's firefighting foam. We've got the solar panels confusing all of our wildlife. We've got air pollution from the jet's exhaust. We've got noise pollution. That one's pretty self-explanatory. Living with the jets is the price that we pay to live in the community that we love. We have noise levels of 75 DNL in the Fentress overlay. So that's described as unacceptable residential exposure. That's what we live in. And now a lot of data centers, one of their top complaints from citizens are noises. So please don't give us any more noises. I'm begging you on behalf of my neighbors. Please leave the Pinterest overlay out of this one Yeah, we deal with enough already and also in the staffs findings on page six bullet point number four It says the proposed text amendment is consistent with sound zoning practices and promotes public health safety and welfare But if you go back to page four under their summary analysis it says that research is ongoing to better understand many impacts of data centers on water consumption, noise, health, and environmental impacts. So I would just ask, which is it? Are data centers safe or are they not safe? You know, there was once a time where doctors prescribed cigarettes to pregnant women. So let's make sure that we know everything before we go through with this. But again, main points, get the Finch's overlay out of there. We deal with enough.

Michelle Hunter, Self, speaking in opposition, followed by David Williams.

Good evening. Michelle Hunter. I live in the Stratford Terrace neighborhood in the Ventress Airfield overlay district. The one thing that I want to ask is for those of you that don't live in the district, if data centers are allowed to be built in this overlay district, would you consider moving there and buying a house there after they build the data center? I don't think you would. Or at least you'd look twice at how far away your house is going to be from this data center. Chesapeake has an invaluable opportunity to learn from other cities and counties in Virginia that rushed into allowing data centers to be built without properly considering zoning and environmental impacts on residential communities, specifically dealing with noise, the 24-hour whistling, humming, rumbling, high frequency ringing that have been reported to impact health and sleep of residents in the community. I would urge Chesapeake to deny this ordinance at this time specifically relating to the Fentress airfield overlay district and watch and see how Dominion and others respond to the state corporation Commission ordering data centers to cover the cost of transmission infrastructure built exclusively for those facilities and other jurisdictions and to wait and see What results from the state concerning any additional statewide environmental standards involving data centers? other cities right now, Virginia Beach is voting tonight whether to establish a 12-month pause on on permitting new data centers. Suffolk is looking to temporarily ban data centers while the city works on regulations. Prince William County, which you guys visited and met with representatives, they actually voted not to initiate a comprehensive plan amendment, which would have allowed the rezoning of agricultural land to industrial and would have been the first step allowing a developer to in the future submit a rezoning application. Front Royal, no data centers are permitted in the town's industrial area. Shenandoah County.

Thank you.

David Williams, Chesapeake, speaking in opposition.

Good evening, Mr. Mayor, City Council. My name is David Williams. Excuse me. I live at 736 Forest Mill Road and Woodards Mill in the Fentress Overlay District. First of all, I do support any ordinance tightening up so any builders or developers can't circumvent the city and trick us into something that we don't need. Secondly, I'd like to ask all my residents in Chesapeake, who opposes this data center? Raise your hand. I'll tell you what. I think that says it. Look, it's not red or blue. It's just people. That's the bottom line. It's people. We are talking to you. I'm not going to sit up here and preach what everybody else has preached. But I can tell you, New York, they just put a moratorium on data centers for a year. Texas just put data centers on a moratorium for a year. And the governor said just last week they have to be self-sufficient to be brought into Texas. In other words, they must generate their own power, they must generate their own water, and not be on the public grid. Look, we were just in here, what, a week ago, two weeks ago, fighting this battery charging place over there right beside my neighborhood. I mean, the whole neighborhood turned up. It was freaking war. We didn't want to come down here for a war, but you were putting something in our backyard of our fellow neighbors. Now, you got us in the overlay district. Here we go. We're getting ready to put the suit armor on, call the police, let's get it on. We don't want to deal with this. Put an end to it. I'm suggesting do a moratorium. Hire some skilled people that work for the city of Chesapeake. Let's do our homework first and then make decisions and regret it later. That's all I got. I had a long speech here, and it don't matter. I might as well throw it out. So you've heard it from enough people tonight. Please do the right thing. Take the Pinterest overlay out of whatever you want. Please don't put a data center over there near us. Thank you.

That concludes the speaker.

Thank you. That does conclude the speakers. We really do appreciate your input. I would just like to make a comment before I ask for a motion. You know, it's really interesting that you hear the same theme that people, you all, agree that you don't want it in the Fitcher's overlay and I understand and this council has a history of protecting the Fitcher's overlay as well so you know your your desires are certainly our intent I also heard many of you say even the last speaker and to you Mr. Black about being sure we get all the facts before we make decisions and honestly that is what we're trying to do many of you are seeming to thinking think that we're secretly trying to push for something, but that's not at all what we're doing. We're trying to get information to make the right decisions and take time to do that. Having said that, I'd like to ask for a motion from Council Member Newins at this time.

Thank you, Mr. Mayor. I'd like to move to approve a third version of an ordinance that does three things. The first thing is it closes the buy-write loop, so eliminates any buy-write use in Chesapeake. The second is it removes the Fentress overlay. And then the third is it continues the additional provisions for further discussion while we're under this eight-month moratorium. And then I'll reserve my comments for if there's a second.

Thank you. Can we have a second, please? Sir Jeffries? Second. Thank you, sir. Comments to you, Councilman Newlands first?

Thank you, Mr. Mayor. I just have a couple questions for Mr. Manager, if I may. And I don't know if you'd like to answer or the attorney would like to answer it. There's a lot of discussion. I think we've got to get back to the basics on this between by right and conditional use. Can you explain to us the difference between the two and the importance of not having something that's by right in the city?

So buy right means it's permitted with no public hearings, no citizen input, no city council action. And so if you think of like a business district, a grocery store can go in buy right. Conditional use means something that's permitted, but the city has the ability to impose conditions, meaning it's not necessarily compatible. It's only compatible if you impose conditions. And those are subject to public hearing requirements. So like in an industrial area, you might have a manufacturing facility that's permitted by right. Under this ordinance, a data center, even in a manufacturing area, wouldn't be by right. It would be conditional. So you can look and see. Maybe it's in the middle of a big industrial park and there's no houses anywhere near it, or if it's closer to a residential area, maybe it's not compatible. Each application would have to stand on its own merit, but that's the big difference. By right, no public input, no city council approval, conditional use, public input at both planning commission and ultimately city council, and it requires city council approval.

And do you know where, I guess, how much acreage or how many properties exist that right now data centers could go by right if we did not close that loop tonight?

So what you see up here on the screen is a map of the current buy-right areas for data centers. So this is the zonings with the business zonings, the industrial, and the office and institutional zonings across the city, the properties in green.

Okay. And then I saw another slide earlier that you pulled up that had residential. Can you explain to us what this is that shows where buy-right usage near residential?

Yeah, this is an analysis that used a 500-foot buffer to show how many residential properties were located near these areas where they're permitted by right. And you can see that there's over 27,000 parcels that are within 500 feet of areas where data centers would be permitted by right today.

Okay. And Madam Attorney, Madam Vice Mayor, if I may, ask her a question regarding this. As it relates to... the by right versus conditional use and the moratorium, in a sense, the hold is what we're calling it legally, but it's an effectuate moratorium for eight months. What impact would that have on if we adopt an ordinance tonight making everything that's by right conditional use So would they be able to come before council during that time, or would we still be under the moratorium for eight months?

They would not be able to come before council. It would essentially pause all of those applications for that time period.

OK. So there would be no ability for a data center application to come before council during that eight month period if we close this loop?

You are correct. And without the ordinance, they could put in a site plan tomorrow.

Okay. Mr. Manager, I do have a question. Either the manager or the attorney, I'm not sure who's the best person suited to answer this. There's been some concern about the Williams Farm property and what we can do to capture that in our moratorium so we can develop policy and ordinances that will also apply to the Williams Farm. Does the Williams Farm have public water available to it?

It does not.

So the only access point for water to the Williams Farm is groundwater?

Yes. However, the draft ordinances under consideration tonight would apply to Coastal Virginia Commerce Park in that regard. The use is permitted in the zoning for that property. However, the ordinances under consideration tonight require public utilities, and public utilities are not available at that site. And so, in effect, it would also apply to the Coastal Community Commerce Program.

Perfect. That's what I was looking for, is if the third version, so we've got the two, we've got the staff's version, planning commission's version, and then now a new third version that I'm proposing for council consideration. If we include in there that data centers could not connect to groundwater, that would be an effectuate moratorium on a data center for the Williams farm at this point. Yes, ma'am. Okay. Do you know how long it would take to get public utilities to the Williams Farm?

We've investigated in the past, and from where we sit right now, I would say at least three years, if we were starting today.

And do you have an idea of a cost estimate that a private entity would have to take on to do such a thing?

So Chesapeake had considered providing utilities to that site as part of the rezoning back in 2022. And when we looked at it back then and in the subsequent years, I believe the cost for water and sewer alone was approaching or in excess of $300 million.

And you mentioned that we looked at that in the past. The city's not invested any money. There's been a $14 million figure that we bought the land. We didn't buy the land.

Correct. So when the city rezoned the property in 2022, I believe, the Economic Development Authority was considering purchasing the property with state assistance. And if you remember, we had our state delegation here. We had a lot of conversations about that. And the contract had a $14 million down payment, and it was contingent upon receiving $85 million from the state to start to offset the cost of the purchase and the utilities. And we did not receive funding from the state, so we did not execute the contract. So the city has never owned that property.

So the $14 million that we considered investing remains in the taxpayer's pocket, so in the general fund? Yes, ma'am. That's not gone to the Williams farm or been transferred to any other entity at this juncture? No, ma'am. OK. I guess at this point, I just have a couple of comments I'd like to make. And I say a couple very, I guess, sparingly. There's probably a lot that I have to make. There's a speaker that said something along the lines of, I think it's important we hear from you guys what you think. But I don't portray myself to be any subject matter expert in this field, and I think that none of us really do at this point. And I think that's the position that this motion is in. I will tell you what my opinion is, and that's I prepared this speech just like all of you guys, because I had a lot of thoughts about this that I've been thinking about for quite some time. I personally believe that we have to put your quality of life above the interests of an industry that is going to place an enormous demand on our water, electricity, our land, our infrastructure, while fundamentally changing the character of the communities around it. I really appreciate the work that our city has done, our planning staff, Jimmy McNamara, but I just don't think we're finished at this point. I've had the pleasure of making the motion last year when you all were before us to deny the data center. I had the pleasure of making the motion to effectuate the moratorium last month, and it's my pleasure to make this motion tonight because I think it does three really important things. It removes the Fentress overlay from this ordinance. I don't believe we should create a special pathway that we can make Fentress a destination for data centers. It includes a provision prohibiting data centers from connecting to groundwater, which will apply to the Williams farm, as the manager shared with us. It will effectuate a moratorium of a data center development at that property because bringing the water to that property, as you heard, is going to cost over $300 million. I believe that is appropriate. It gives us something that we desperately need right now, and I think we all agree, and that's time, time to listen, time to fully understand the potential impacts on our electrical, on our water, on our infrastructure, on our community. But more important, this motion eliminates any by-right pathways for data centers. If a project has the potential to consume extraordinary amounts of electricity, water, generate significant noise, infrastructure demands. It should not be able to move forward without the community having a voice. I don't think, though, simply requiring a conditional use permit is enough. And that's why I want us to take these eight months ahead and really listen to the community. We're going to hold what I would consider meaningful listening sessions. The city's already started working on developing these sessions. not simply informational meetings, but somewhere where residents can help develop stronger and more enforceable standards. And some of the standards, Mr. Manager, I'd like for us to consider are greater setbacks from homes and neighborhoods, stronger measurable noise restrictions, including nighttime standards, protection of our water supply and requirements for meaningful water conservation, protection of our electrical grid so existing residents and businesses are not forced to bear the consequences, cumulative impacts when multiple facilities are proposed, a distinguishment between the size of data centers, a stronger requirement for buffer screening and site design, and full transparency regarding anticipated water and electricity consumption. I think we have more of an obligation to ask, can this facility be built, but more so, should this facility be built? And I'd like to go one step further. Mr. Manager, you've proposed A great suggestion, I'd like to request that the city seek an attorney general opinion regarding whether Chesapeake has the legal authority under Virginia law to prohibit data centers altogether or what limitations the General Assembly and state law place in our ability to do so. I understand the city attorney has previously opined that council has limitations imposed by state law that we're not able to ban data centers, but before we tell the people of Chesapeake that a ban is legally impossible, I believe we owe the strongest legal analysis possible from the Commonwealth's Attorney General. If the law gives us a path to say no, I think we all should know about it. But if the law does not give us that authority, then we need to use every authority we do have to protect the residents. We do have limited land. We have limited resource. And tonight truly is not making about Chesapeake data center friendly. It's about making sure that Chesapeake remains resident friendly. And I would ask that my fellow council members consider voting for this motion. And I appreciate everyone's time and obviously the opportunity to come out and speak. And I appreciate all your comments.

We don't need clapping for each other either. Thank you. Mr. Jeffries.

I'd also like to make a comment when I can, please.

Excuse me. One second, Captain King. I do need to go to the second of the motion. Sure. Mr. Jeffries, would you like to make any comments at this time?

Yes, sir. First of all, the reason I seconded this motion was, one, I didn't want to just, to quote a previous speaker this evening, do things right. I wanted to also do the right thing. I think we can accomplish both. Tonight we're taking an important first step, but we're far from done. I believe Council Member Newins did an excellent job articulating what's being proposed tonight and what's being accomplished through that proposal. I want to thank everyone for coming out tonight and sharing your concerns. I think it's obvious based on what you're hearing from the dais tonight that we hear you, and we're taking that to heart, and we will work with you to create the most stringent regulations needed to preserve our quality of life in Chesapeake.

Before I go to Councilman King, I'm going to go to Mr. Whitaker and then to Councilman King.

Thank you, Mr. Mayor.

Again, like everybody else said, we thank you for coming out. Your voices have been heard. We appreciate your thoughts. There's a gentleman that came out and said facts are important. Facts are very stubborn things. And part of our job is to take all the facts that we get from every land use application and to utilize discretion for the betterment of this city. That being said, there's one thing that, and I understand people having a distrust of government. I think that's kind of why at some point all of us decided to serve because we saw where change needed to happen. But one question that I have, and I think I could appropriately direct this to the city attorney, there was a lot of, well, several times people spoke about non-disclosure agreements between, I heard from EDA, the City Council, to Dominion Energy. To your knowledge, Mr. Attorney, do you know of any non-disclosure agreements signed between City Council or any other entities that

It is standard practice in economic development to execute non-disclosure agreements when a client is discussing a property. You won't have economic development unless a client can begin with a confidential conversation. We've not had any agreements associated with data centers. Data centers aren't a targeted industry in Chesapeake. We're not even sure, based on the conversation tonight, you know, whether that, you know, what role data centers will play in economic development in the future. So while we have used nondisclosure agreements in the past, we won't use them for data centers. We're not considering them for data centers then. And likewise, you know, I share that same concern so I we can provide more information to counsel on that if you'd like Okay.

All right. Thank you very much But to everybody else here I have not Signed a non-disclosure agreement. I've not accepted anything Nor have I signed anything else regarding of, you know, hiding any facts. There's no hidden agendas. We've been very transparent. I think we've gone above and beyond regarding transparency. If somebody's called us, if somebody's emailed us, typically we respond. I mean, we're, well, an open book. But anyway, and I encourage you to continue to reach out to your council members if you have concerns. Anyway, thank you.

Councilman King.

Thank you, Mr. Mayor. First of all, I'd like to thank Councilwoman Nguyen for her very well thought out comments and her recommendations. I agree with her wholeheartedly. My concern will always be the health and safety of our constituents. And so I have gathered some data that I think might be helpful. And I just want to share it briefly. So in February of 2026, Frontiers in Climate released a health study that evaluated Virginia's data center alley concerns. One of their major concerns was air pollution, especially as it relates to the emergency diesel backup generators that do emit nitrous oxide during testing and during power grid drops, like the one that occurred on July the 22nd of this year in Loudoun County. when the Dominion energy transmission line defaulted, resulting in a data center low drop event. As a result of that, lights and appliances flickered for 100 million people across the United States from Chicago to Miami. And this happened because the data center backup systems do protect their servers first at the expense of energy services to our citizens, which for me is problematic. They also had concerns about the noise distress that many citizens have addressed this evening. And due to low frequency humming from industrial cooling fans and drillers, which result in chronic sleep disturbance, elevated stress, citizens mentioned tonight anxiety, and also neurological impacts for nearby residents. So I wanted to note that yes, Prince William County has noise restrictions of 68 nighttime decibels and 73 daytime. But this was not consistent with the recommendation of their paid consultants who recommended 62 and 68 decibel limits respectively. The Virginia Joint Legislative Audit Review Commission has expressed concerns and they indicate that the traditional noise ordinances fail to address data centers and found that data centers emit a constant deep vibrational hum that penetrate standard residential walls. When it comes to setbacks, there is data, and I was able to obtain it. And if you recall at our last work session, I asked if there was any data to support the recommended setbacks, and I was able to find some data. There are many experts that do recommend that 1,320 foot setback on residential property lines, and it includes Virginia, Stafford County, There's also a county in Georgia, Henry County, that also adheres to those guidelines. So in closing, I would like to say that I respect the citizens, their concerns regarding their health, energy usage, water usage, even though we'll be looking at a closed loop system that does not eliminate water demands, it reduces them by about 70, maybe to 90%, but there's still concerns about There are also some major concerns about groundwater in Virginia. And there has been a recent submission of information regarding that that hopefully you are all privy to. So I am really concerned about your health. I'm really concerned about the environment. I think you all have very legitimate concerns that I agree with. And I agree with Councilwoman Nguyen wholeheartedly that we need to consider this third ordinance suggestion. Thank you so much.

Council Member Bunce, I can ask.

Thank you, Mayor West. I'll echo my colleagues on council. I thank you all for coming out tonight. Thank you for the emails. Thank you for the phone calls. Thank you for addressing me in the line and restaurants and things like that. But I think your voice is definitely important and it's definitely being heard. I think the most important thing that we can do tonight, though, is close the loophole. Having a conversation with our city staff earlier, I was informed that Right now by right, there's like 500 to 1,000 properties or data centers that could be by right. Is that correct? That's a lot. So I think that's the most important thing that we can do is close the loophole. From past experience, you know, some loopholes weren't closed. First, the development on Lex Henderson Road and even development off of Northwest River Park, that's by rights. We had no say-so on turning it down, which I would have turned it down if it came before us. But again, thank you again for y'all's opinions. Thank you for taking the time, and your voice has been heard. Thank you. So, Member Ward.

Thank you, Mr. Mayor, and I'll be very brief. I, too, would like to thank all the citizens for all the emails and all the calls, text messages, and thank you for coming out tonight and letting your voices be heard. We hear you. We understand exactly what you need and what the citizens of Chesapeake need. And I agree with the amendment that has been proposed by Councilwoman Newins, support it wholeheartedly. And we may not have signed the agreement, but I wholeheartedly agree that we Data centers are not the right time, really in the right place for them to be established. I'm concerned about our water. I'm concerned about the environment. I'm concerned about the power that they, and we have looked at this and talked about this before. So all of you have spoken. You let it be heard. Let your thoughts be known. And I just thank you for coming out. and taking your time to convince us and help us make this decision that we are not in support of it. I'm not in support of data centers for the city of Chesapeake. Thank you so very much for being here. Thank you.

Vice Mayor Ritter. Thank you. I'm sure I'll be the last person. I am a resident of the Fentress Overlay District, closer than anyone who spoke tonight. So I do want to say a couple things about the district. There are currently large-scale industrial development in the Fentress Overlay. There's a 500-acre solar farm. Excuse me? There is a 500-acre solar farm with a transmission station with it. The big Dominion Transmission Station was just expanded. And just, I believe, last month, there was a light industrial application in the Fentress Overlay District that was approved by the council. So I'm giving you all a little picture of the reality if you live close by. I've spoken to the staff. I'm concerned about the use of the map. But regardless, there has to be a distinction in the noise level that cannot be based on the Navy's sound contours. have to be based on the ambient noise and where it would go from any facility to any property line or residence. I can tell you, and I'm sure Mr. Keffer could tell you the same thing, because if they miss his street, which is right on the landing path, they hit mine. The jets navigate by streetlights. I know that's hard to believe, but from a Navy family, I can tell you flying a jet and landing on a carrier is like landing on a lighted postage stamp in the middle of an ocean. So there's a difference. A single event which is averaged into those noise contours can exceed 130 decibels. Is that correct, Captain Geist? Oh, he's talking. Single event, remember when we studied that, 130 decibels? It's loud. Yeah. So the noise is a particular issue and does need to be dealt with wherever it may go. But I just did want to correct that one record. There are currently utility scale industrial developments in the Ventris overlay. OK, whatever. Anyway, there are. So I'd like to make sure we make that request, Ms. Lindley, on the AG's opinion as an expedited request, in that the governor made a statement about local government's decision on a ban, which is directly opposite all the legal opinions we've ever gotten about local authority. Now, the attorney general's opinion is only an opinion. And I understand you could say, we don't have to go into detail. The number of case law examples upholding Dillon's rule, is that correct?

There is a significant number of cases in the Virginia Supreme Court, local circuit courts that uphold the Dillon's rule in addition to Attorney General's opinions.

Okay, so we'd like to hear from the current Attorney General, but as for an expedited, I'm not sure we'll get an opinion, but we need to try. So I think that's, I think most of the other questions have been asked. I appreciate differences of opinion. And I appreciate facts also, Mr. Black. But I hope that people who are discussing things like the Economic Development Authority selling the property, they never owned it to sell it. I saw something today about the city didn't approve the sale. The city does not. First of all, there hasn't been a sale. Secondarily, the city doesn't approve private sales of land. If they did, every time someone bought and sold their own home, you'd have to get city approval. Let's deal with the facts. The council listens to people. They want to know your opinion. They want to be responsive. It's hard to respond when you're not getting the real facts. So I know my friends from Fentress that were here last month on that light industrial site. I'm sorry because obviously we need to look more closely at the Fentress overlay district to see what exactly should or should not be there. Thank you.

Thank you. It is time to cast our vote. We do have a motion for Council Member Nguyen's proposed solution. Please prepare to vote. Please vote and record.

Council Member King? Approved. Thank you.

Thank you.

Motion to approve PLN text 2026-001, version dated August 18, 2026, is adopted by a 9-0 vote.

Thank you, Madam Clerk. Next is unfinished business. Are there any unfinished business council members have at this time?

May I just briefly ask a question?

Yes. Councilman Newlands is recognized.

Mr. Manager, at our meeting last week, we voted on implementing an animal cruelty registry. We've had a lot of questions about when that would be implemented. Do you have an update on when the public can expect to see that go live?

We believe it can be done within the next 30 to 60 days.

And where can the public go to access that resource?

On the animal control website, but we will publish that on the city social media when it's available.

Thank you.

Thank you.

Any other unfinished business? Next is new business. Any new business council members have? Councilman Smith?

Yes, thank you, Mr. Mayor. I just would like to thank Human Resources, I believe, in reference to the youth program put on during the summer and how well that went. I did see the report as far as the participation goes. I think it was 18 out of 20 positions were filled. And I'm just hoping it leads to more people working next year and us being able to increase the fund. Secondly is in reference to Parks and Recreation and Tourism and Mr. Barber, Director Barber, in reference to what they did this past summer with the summer program for the kids during the daytime at the three schools for the youth. I think that was 6 to 13, and then also the one for the Friday nights and how that turned out. There was not a good response for the at-night events, but still yet during the day I think there was full participation. But there was some participation in the evening events, and I just think it will grow in the future. But it was like a pilot program, so I do thank them for their efforts this past summer. Thank you.

Thank you. Any other new business? And Councilman Ward?

It's really just an announcement. Georgetown Civic League last night, but they're having a community day on the weekend, Friday, Saturday, and Sunday. But it's a community day. Several civic leagues are coming together. well, they don't have to be civic leagues, but they are community groups that really want to get together for our city. I think when we have events like this that are free, that people can attend just to show the unity and the get people involved in doing things on the weekend. I think it's a great thing. I think this might be one of the first ones they've had this year, but it's a great endeavor and I just like to see different groups that are really trying to help promote Unity Days and Unity Weekends for our citizens of Chesapeake, especially during the summer months and a lot of back to school kinds of things that are being proposed and I just think this is good for our citizens. I hope I got the date right. Thank you.

Thank you. So that pretty much concludes our council agenda. We'd like to call on Council Member Bunn for our benediction.

Thank you, Mayor West. Heavenly Father, as we conclude this meeting, we ask for your continued guidance. May we leave this place as salt and light, making a difference in this world. Lord, remind us that someday everything will make sense. For now, forgive our confusion, smile through our tears, and keep reminding ourselves that everything happens for a reason. Let us give thanks to you, be respectful, and love others, and always praise your name. In Jesus Christ, our Savior's name, amen.

So long. Farewell. Bye-bye. So long. See you in September.

See you when the summer's through.

Have a good time, but remember...

There is danger in the summer moon above. Will I see you in September or lose you to a summer love?

Thank you.

Um, you, I don't know, all of our families have to include the skydivers. I can't, I can't have a fucking skydiver. Well, no. Our game cameras. Game cameras. Well, for my video board, I don't show games. This is what you have to do in the store. That's what I'm actually talking about. It's way wide. It's just way wide. I don't need it. But what I'm showing you on the video board, I'm using the hat. Thank you. ... ... ... ... ... . .

Thank you.

Are you ready, folks? Girl. 21 seconds. Yeah. Yeah. Yeah. 20 years ago, when Bill Brodman was playing in the NBA, he saw an interview with him. He said, Bill, you know, you've got so many books. Oh, that's what he said. Yeah, he's like, what's your goal? He's like, I don't know. I thought it was hysterical. We got up to that golf tournament game. I boldly said, I was telling that story. I said, so here's the deal, guys. I haven't hit a hole in one. I swear to God, I was sitting down there getting a fucking ball. The very next day, I hit a hole in one. Are you serious? Hey, hey. We saw it. It was really like, oh, boy. Is this a real golf course?

Real golf course. No, no, no. This is a real golf course.

Anyway, so it was a part three of a set of sets. And I'm like, sitting in the car, and the other guy's kind of trotting over here. Oh! Basically, it was me. He took the new camera. I wanted to be nice. So here, I'll give you how it feels like. So in the video, I mean, from the back, I'm sitting up right here on that floor. And then, in the fall, I'm trying. Now, it's so exciting. great that was that was part of what i tried to pitch a long time ago was just to do that and then fill in with evergreen stuff and then slowly work it to your area maybe once a day but but they don't want it they don't want people to you know they city hall well city hall They say they do. You would think, right? So now tomorrow I've got to explain to Neil or, I don't know, whenever I would do this with Michael, Michael would get all upset.

do Thank you. Thank you. Thank you. Thank you.

along with me the song is filled with happiness and joy and love take a ride with me the sun is out blue skies are everywhere and you will see there's so much magic in the

It's so good when I'm with you It's so good every day with you It's so good when I'm with you It's so good How beautiful to me this world can be when we share It feels so good.

It feels so good.

When I'm with you It's so good Every day with you It's so good When I'm with you It's so good It's so good Thank you. We'll be right back. Thank you.

Bye.

Oh, wow.

Thank you. Thank you.

Bye. Tell me what you want, what you want, cause I can't reach your mind. Tell me what you want, tell me what you want, please don't waste my time. I can't read your mind, read your mind. Tell me what you want.

Thank you.

Thank you. Bye.

Bye. Thank you. Bye. Thank you. Thank you. Thank you. Thank you.