[4:56] [Captioner present]

[6:35] >> You are beautiful in all of your ways.

[6:37] In the name of Jesus Christ Amen.

[6:43] >> Please join us for the Pledge of Allegiance.

[6:50] >> "I pledge allegiance to the Flag of the United States

[6:52] of America, and to the Republic for which it stands,

[6:52] one Nation under God, indivisible,

[6:54] with liberty and justice for all,

[7:02] .

[7:06] >> Thank you.

[7:06] Adoption of the agenda planning Commission the motion

[7:09] to adopt the agenda.

[7:10] All those in favor.

[7:13] Any opposed and we have an agenda item five

[7:17] is the employment of John Bishop a secretary of Planning.

[7:19] First I would like to congratulate

[7:21] Mr. Bishop on his appointment as Director

[7:23] of Planning and Development for Frederick County

[7:25] congratulations sir.

[7:28] Now we need to make him responsible for taking

[7:33] all of our notes.

[7:34] I will be glad to accept a motion

[7:37] to appoint Mr. Bishop as Secretary

[7:38] of Planning Commission.

[7:44] >> A second.

[7:44] >> A motion and a second all those in favor signify by saying

[7:53] aye

[7:55] >> I'd also like to completed our Certified Planners course.

[7:58] If you are the Planning Commission

[7:59] you are expected to go to Richmond

[8:01] and participate in a course that Virginia Commonwealth

[8:03] University puts on.

[8:04] There are two days at the beginning of the course

[8:07] and two days at the end.

[8:08] It goes on for four months.

[8:10] It is where we learn about the laws in Virginia and land.

[8:14] Basic land planning a lot of the things

[8:16] that you hear us talk about up here, some of the terms

[8:18] that we throw around.

[8:21] He recently finished the course.

[8:25] Is there anything that you'd like to say about the course.

[8:28] Turn your microphone on.

[8:32] >> When I was appointed to this commission it wasn't exactly

[8:38] what my background was.

[8:40] A lot of the language and the details were somewhat beyond me.

[8:45] I didn't know what I didn't know.

[8:47] The two day workshop and three day work at home

[8:49] really gave me the awareness that I

[8:51] think that I needed to at least know

[8:52] what questions I need to ask.

[8:54] I think that is very important when you are serving

[8:56] on a panel of this nature.

[8:58] The other plus of it as well and I might say,

[9:01] is the interaction between other commissioners.

[9:04] There was a Board of supervisors, city council

[9:07] people.

[9:07] And executives down there as well.

[9:10] That intermingling and understanding

[9:11] of what is happening in the state

[9:13] and what they are being challenged by

[9:14] was also very helpful.

[9:16] The only thing were the two tests we have to deal with.

[9:22] The Planning Commission Guide zoning 101 and of course

[9:24] the Comprehensive Plan.

[9:25] It was also very interesting that all of the commissioners

[9:29] down there were involved in either developing or revising

[9:33] the plan.

[9:34] That was interesting as well.

[9:35] I would say it was very beneficial for me.

[9:46] Chairman Stowe:

[9:47] that leads us to item six.

[9:48] We have meetings dash I would be glad to move

[9:57] the adoption as presented.

[9:59] All in favor say aye

[10:13] >> The DRC development review and Regulations Committee met

[10:15] on August 27th.

[10:17] And it reviewed several proposed ordinance updates, two of which

[10:22] are on the agenda tonight and a few are in the future.

[10:26] The first one was phase one ordinance amendments

[10:29] reviewed policy related updates to the zoning and subdivision

[10:34] ordinances recommended through the Park League group

[10:37] to provide modernization efforts there was an effort

[10:41] to update legislative updates for the proposed amendments

[10:46] to county ordinances with recent changes to the Code of Virginia.

[10:52] We discussed a proposal to remove data centers

[10:54] as a permitted use in all zoning ordinances

[10:58] and as a conditional use permit.

[11:00] We reviewed a proposal to eliminate and remove the TM,

[11:05] technology manufacturing zoning ordinance

[11:07] and then the final item was battery energy storage systems.

[11:12] We discussed what that looks like and discussed

[11:14] whether we would allow battery storage facilities in Frederick

[11:18] County.

[11:19] Thank you.

[11:20] Thank you.

[11:27] Chairman Stowe

[11:28] >> There was one rezoning that we took a look at that was

[11:31] the Gibson Properties rezoning down on route 27.

[11:36] Route 277 Fairfax Pike and 522.

[11:40] There were a couple of properties involved in that

[11:42] and the applicant was talking about removing

[11:43] one of the three parcels that they had talked about.

[11:46] I think there are going to be changes

[11:48] to that as it comes along.

[11:50] From rural to M1, we did talk about that.

[11:54] I don't think there was anything significant

[11:56] with historic resources related with that property we also

[12:00] looked at a number of comprehensive plan amendments.

[12:03] One of those was for some land around the airport

[12:06] and two properties over next to where the Walmart is on 522.

[12:12] I am sorry on 50 come up back behind there.

[12:17] Those were all kind of related to the Shenandoah

[12:20] Valley Battlefields Foundation and the uses of the properties.

[12:24] Finally, there was a comprehensive plan amendment

[12:29] request by, Lyman Stone for the property

[12:32] up by the existing Quarry.

[12:34] There were no historic resources that were found up there either.

[12:42] >> Any community reports to the right to my left,

[12:45] committee reports?

[12:46] Go okay.

[12:50] Council Member McKay:

[12:51] the councilman authority met on the 24th also.

[12:56] They talked about one of the things

[12:58] that was budgeting and coming up with funding

[13:00] to pay for the operations and education

[13:06] and that is dealing with the Finance Committee.

[13:11] They are looking for that to get resolved.

[13:13] They talked about the transmission corridor

[13:16] and had a discussion about the taking of land

[13:23] and what to Do about it.

[13:27] They began drafting an opposition resolution

[13:33] to the taking of land relative to these transmission corridors.

[13:38] They also had discussed the access to the website.

[13:43] The website is being improved and it

[13:47] will include a portal to enhance the access

[13:51] to it and the content.

[13:54] Finally, the committee was given a briefing on the Comprehensive

[14:00] plan and related Preservation for the Comprehensive Plan

[14:08] drafting efforts, and how to get involved in it.

[14:11] That is it.

[14:13] >> Thank you sir.

[14:19] Council Member Bottorf: I've got about five highlights.

[14:22] Rainfall continues to be problematic.

[14:23] We have many areas of seeing the localized storms.

[14:27] Frederick water remains a good position

[14:31] however with the continued lack of rain.

[14:33] On August 18th Frederick had a meeting with Wiley Wilson

[14:36] and Burns McDonnell to give us a presentation on phase two.

[14:39] Fortunate the initiative will allow Frederick Water

[14:42] to use the East Pit that is capable of holding

[14:46] 1.7 billion gallons of water.

[14:48] The next meeting, next week, we will have a meeting

[14:53] to hear the final maximum guaranteed price

[14:56] and be asked to authorize the project.

[14:58] Contractors are working with the county obtaining

[15:01] necessary permits for the phase one, which

[15:03] involves the construction of the intake line,

[15:07] and pipeline from the peck and creek over to the east pit

[15:12] Frederick Water this summer has finished three bulk filling

[15:15] stations with anyone needing potable water.

[15:18] These are located at Deal and Anderson at Sunnyside Plaza.

[15:22] There is a credit card reader and you

[15:24] can purchase as low as 100 gallons in increments

[15:27] of 100 gallons a day time.

[15:29] There are two connections of a water hose and a 2.5in water

[15:34] connection.

[15:35] Board authorized sending a comment letter

[15:37] opposing two locations of the Valley Link power lines.

[15:41] The northern route crosses directly

[15:43] over Frederick Water property where we will have a treatment

[15:45] plant in the future, and the southern route

[15:48] passes right next to the limited storage tank on 277.

[15:56] Chairman Stowe:

[15:57] thank you sir any to my right?

[15:59] Co

[16:07] Chairman Stowe:

[16:08] we talked about the smart scale of funds.

[16:10] That the county put forward in smart scale.

[16:12] These are exit 307 bridge replacement and interchange

[16:16] upgrades.

[16:16] Route 50 safety improvements, the Siler Road intersection.

[16:20] Route 50 West at Stony Hill Road.

[16:23] Route 522 improvements at route 37.

[16:26] Apple Pie Ridge Road.

[16:28] Route seven gateway area upgrades.

[16:30] Route seven and Greenwood Road intersection upgrades Brook

[16:34] if you want to know more about those

[16:36] projects you can find it on the county website

[16:38] in the transportation section.

[16:40] The Board of Supervisors, it was recommended

[16:44] to the Board of Supervisors that the county proceed

[16:47] with the current stance, and that is providing a 20% funding

[16:52] commitment to the projects.

[16:54] There was also a discussion about through truck restrictions

[16:57] on Jones Road and Koegel Road.

[17:00] They will be doing a study of traffic counts

[17:02] to see what is going on as far as trucks

[17:05] and determine what may be needed.

[17:07] On August 24th, Transportation Committee met again,

[17:11] aside from things I had just mentioned,

[17:15] there was a concerned citizen who came forward,

[17:17] concerned about pedestrian movements and e-bikes on Fort

[17:21] Collier Road.

[17:22] And some of the way these things are operating out in traffic.

[17:26] The Sheriff's deputy said this is a problem not

[17:29] just on Fort Collier Road, but several places.

[17:31] That is going to be reviewed by the Sheriff's department

[17:38] and VDOT.

[17:42] the second thing I want to report is on July 23rd we had

[17:44] a joint meeting with the Board of Supervisors.

[17:46] The Planning Commission to review the comprehensive plan

[17:49] update..

[17:50] The joint working session.

[17:53] There were a variety of things.

[17:54] There is a video of the meeting that is available.

[17:57] One of the things I wanted to highlight,

[17:58] a poll was taken of the participants in the meeting.

[18:02] The poll had several questions that were provocative.

[18:06] One of them was do you support removing current alignment

[18:10] of route 37 eastern bypass.

[18:12] This is the one that has been on the map for 30

[18:14] plus years, or however long.

[18:16] Since Moby Dick was a minnow.

[18:18] That was unanimous.

[18:20] We need to get that off of there come up because it

[18:23] doesn't make sense anymore.

[18:25] We cannot afford it.

[18:26] Another one was, should the plan update specify new regional park

[18:31] amenity to include indoor elements, such as pool,

[18:35] or recreation center.

[18:38] Again, unanimous.

[18:39] We need to do that with one.

[18:43] The immediate thing that needs to be addressed in the plan

[18:49] is economic development and providing

[18:51] opportunities for the future.

[18:53] With that, I will turn it over to Winchester Planning

[18:56] Commission.

[18:57] We have the chairman with us this evening here good evening,

[19:00] sir.

[19:02] >> A quick update.

[19:03] Through Winchester Planning Commission

[19:05] will have a retreat as the first retreat ever later this month

[19:10] we are excited about planning that.

[19:12] Most of this month was batch text amendments.

[19:16] They are made necessary under state law.

[19:18] We have to update it.

[19:19] Some of the items are discretionary

[19:21] where we are handling some updates to neighborhood design

[19:24] districts.

[19:25] Lastly, we are examining ways of streamlining

[19:29] the process of applications for individuals.

[19:33] Right now, there are many processes

[19:36] related to the work session, planning commission, and all

[19:41] of these other items.

[19:42] We are really excited about streamlining the process,

[19:45] offering waivers, and trying to get people approvals if they do

[19:50] deserve them, if as quickly as possible and eliminate a lot .

[19:57] That is it.

[19:59] >> Thank you very much.

[20:00] We also have our dynamic duo from the Board of Supervisors

[20:03] with us this evening.

[20:13] Dr. Orndorf

[20:17] , good evening sir.

[20:19] >> I have a few items from the August 12th Board of Supervisors

[20:21] meeting for conservation Authority --

[20:25] Eastman authorities.

[20:26] There were three year appointments

[20:27] for three year terms for Philippines, Dianne Kearns

[20:31] and I were appointed liaison for another three years.

[20:35] Also actions by the board , the ordinance amendments subdivision

[20:43] and zoning ordinance updates phase one companion amendments

[20:48] were sent forth to public hearing the legislative update ,

[20:56] again ordinance amendment sent forth the public hearing

[21:00] and then the ordinance amendment on data center removal

[21:03] as an allowed use was sent forward to public hearing

[21:07] as well.

[21:09] With that, Mr. Chairman, that concludes my report.

[21:16] Chairman Stowe:

[21:17] thank you very much that moves us to item eight,

[21:19] citizen comments this is a time for individuals

[21:21] that are welcome to address the Planning

[21:23] Commission about any matter not on our agenda

[21:25] this evening as a public hearing.

[21:27] If you want to state to speak please state

[21:31] your name, your district and limit your comments

[21:33] to three minutes or less.

[21:35] Would anyone like to address the Planning Commission.

[21:37] >> We have two signed up beginning with Theresa Ostertag

[21:40] and followed by Nicholas Edward.

[21:43] >> Theresa?

[21:44] Co --

[21:53] >> She would like to be added to the ordinance amendment.

[21:56] >> She put her name on the wrong list.

[21:58] >> We will take care of that.

[22:00] >> The name after hers was Mr. Nicholas Edward.

[22:03] >> Mr. Edward?

[22:04] Co

[22:05] >> Good evening, Sarah.

[22:08] >> I'm Nicholas Edward of the Gainsborough District.

[22:10] I think we are going to hear a lot of information

[22:13] about data centers and their impact.

[22:15] I am not going to speak directly to that,

[22:18] but I do live on old Baltimore Road, which

[22:20] is one of the areas that is about less than half

[22:23] a mile from the proposed valley linked next era energy

[22:28] transmission lines that will be seriously affected.

[22:31] Living in that area I have special appreciation,

[22:35] over the last 17 years, since my family

[22:38] and I have purchased a historic house in the area,

[22:41] of the remarkable character that we have preserved

[22:44] in this county for the last roughly 300 years

[22:47] of settlement and farming.

[22:50] Roughly the last 400 years of settlement here in Virginia.

[22:55] The historic character, the beautiful rural character

[22:59] of our farms, our pastors, our historic spaces,

[23:03] our architecture and the general esthetics that we enjoy.

[23:06] I think that as we look at data centers as such

[23:11] an important industrial element that

[23:13] is coming into our communities all over the country,

[23:15] but especially here in Virginia and Northern Virginia, that this

[23:19] is an opportunity to look at what the future of the county

[23:22] should be.

[23:23] Should we have a static, beautiful areas?

[23:28] Should we have development that we know will happen.

[23:31] We have a we are a fast growing area

[23:33] should we have development that is

[23:34] sympathetic to our historic esthetic and rural character,

[23:37] that looks like Virginia for the next 200, 300, or 400 years

[23:43] that we will be here.

[23:44] I think that we should.

[23:45] I think we should have architectural standards,

[23:47] esthetic standards that speak to our history, our culture,

[23:51] and our identity as a specific people.

[23:54] We have lots of examples from across the Commonwealth

[23:57] come from places like Williamsburg, James city

[24:00] County, Henrico County, Chesterfield County, and even

[24:03] in Northern Virginia where development

[24:05] has been rampant for decades, of beautiful sympathetic

[24:09] architectural styles and the esthetic standards that

[24:11] have gone through.

[24:12] Even in industrial centers and industrial buildings.

[24:15] You only need to take a trip down route 29

[24:18] to see the difference between our beautiful rural route

[24:22] 50 that runs all the way through places like Upperville,

[24:25] Middleburg, and even out here to Winchester,

[24:27] and the difference on route 29 between 40 and 60

[24:30] foot tall concrete block structures

[24:32] that block out the sun.

[24:34] I don't know how tall they are, but I

[24:37] fear that I might find out.

[24:40] The hundreds and hundreds of megavolt transmission lines

[24:43] that may come through as well.

[24:45] Not just for data centers, but for all development

[24:48] that there is, we should make sure

[24:51] that what comes into the area is sympathetic to us.

[24:54] We deserve it as citizens, as people of Virginia,

[24:58] to live in a beautiful area, and area

[25:01] that we would be happy to have our children grow up in,

[25:04] our grandchildren and future descendants.

[25:06] We do not deserve to have ugly structures,

[25:09] ugly development and unacceptable --

[25:12] unsympathetic development that does not

[25:14] fit in with our transportation, industrial, or economic design

[25:18] spirit we should be building what works for us,

[25:20] and if that means more people need

[25:22] to get involved, more people need to help out,

[25:25] or assist the board in any way that they need,

[25:27] I know that I would be happy to work with any of you.

[25:30] I think that we all need to work together and cut

[25:33] through any rancor there may be in order

[25:35] to have a more prosperous future for Frederick County.

[25:41] Thank you.

[25:44] [Applause]

[25:51] >> I am Penny Smith from Opequon district and I have 2 or 3

[25:56] sentences.

[25:56] I live in Lake Frederick and I am aware of the Gibson

[26:01] application.

[26:02] My distress is not that the land would be developed,

[26:06] but to go from rural to industrial is a drastic change.

[26:13] If it was developed for business I could understand that.

[26:17] Across from 277 would be the Madison

[26:21] and I have been informed that Valley Health will also

[26:24] put some sort of health aspect in their.

[26:27] It is a -- unnatural to float into business.

[26:31] There are two horse farms that would be

[26:33] within range, within two miles.

[26:40] Two horse farms.

[26:42] There are cows all along before Lake Frederick,

[26:45] after, up past the solar farm and that is Clark County rural.

[26:52] There are probably 6000 or more people,

[26:56] 3000 plus Lake Frederick , Madison I don't know, 2000.

[27:03] There is the trailer park, a community,

[27:05] so I am extremely concerned.

[27:08] People band together class action,

[27:12] or whatever you would call it, group,

[27:14] legal counsel when it is high density.

[27:17] We would have at least 6000 people there.

[27:22] We were informed by John Joel on May 18th at Lake Frederick that

[27:28] there would be for a data center.

[27:32] The application has come in , warehouse with storefront,

[27:40] many warehouse applications have evolved to a data center.

[27:44] I am concerned about pollution, noise, farming, rural density

[27:50] in.

[27:51] Thank you

[27:56] >> At our next meeting we will have a work session on that

[27:59] particular rezoning request.

[28:00] You are welcome to join us then.

[28:02] I believe it is the 16th, if I am not mistaken.

[28:05] >> Thank you very much for telling me that.

[28:07] I will be there.

[28:09] Thank you.

[28:12] [Applause]

[28:18] >> Anyone else wish to speak

[28:19] >> My name is Leslie Spencer and I live in Gainsboro.

[28:21] Good evening.

[28:22] After the joint work session and hearing the comprehensive plans

[28:25] and survey results, I keep thinking about the bigger

[28:29] picture of where we are headed.

[28:31] Sometimes we look at other counties

[28:34] and what they have done, and assume

[28:37] that is where we are headed to.

[28:39] Maybe that isn't.

[28:42] Frederick County is still unusual.

[28:43] We still have farmland, forest, water, historic landscapes

[28:46] and this incredible fertile valley all around us.

[28:49] We also have major amenities come up markets, and highways,

[28:52] but we haven't lost our charm.

[28:54] It feels as though we are trying to grow even more of it

[28:57] through revitalization by small businesses.

[28:59] That is so special.

[29:01] That is why I keep calling us a unicorn.

[29:04] I think the comprehensive plan survey

[29:06] results are telling us that people here recognize that to.

[29:12] They are asking us to think bigger, think harder.

[29:15] Take housing.

[29:16] I don't think we should build and build until prices fall.

[29:19] Especially while people are moving here from expensive,

[29:22] heavily developed data center counties.

[29:24] We could chase that demand across our county

[29:27] and still not solve affordability.

[29:29] The housing infrastructure, industrial revenue suck --

[29:34] structure has to go.

[29:36] We need a local housing plan for the people and the workforce

[29:39] that we want to keep here which should include our community.

[29:43] Which should include community land trust,

[29:46] our own community land trust our county

[29:48] doesn't have to provide every kind of industrial growth

[29:51] in American needs.

[29:53] We will always need food and our soil is rich for that here at.

[29:56] Our next chapter could be smaller businesses,

[30:00] b1 and B2 uses.

[30:02] Offices, rural tourism stores and food markets.

[30:05] Event venues.

[30:06] Fun places alongside healthy high wage campuses and tourism.

[30:12] As more of the world becomes industrialized and developed

[30:16] come out what we manage to keep becomes more valuable, not less.

[30:20] Before expanding the UDA , let's see what is possible with

[30:27] the land we have already designated.

[30:28] Even outside, rural things.

[30:32] Once those green spaces on the east side are gone,

[30:35] we cannot build them back here they are luxury spaces.

[30:40] This valley has value.

[30:44] 300 years ago, food, water, soil and living systems

[30:48] could be just as valuable a thousand years from now

[30:52] we may not find another county that has done exactly what we

[30:54] are trying to do.

[30:55] We may have to invent it.

[30:57] We should, and deserve to be particular about the final

[31:02] development plans at the East side

[31:03] and ask what really helps everyone thrive.

[31:05] I really want to help think about this 20

[31:08] year comprehensive plan in a healthy, creative, award winning

[31:13] and even luxurious way.

[31:14] Frederick County is worth it.

[31:16] I hope you will join me.

[31:18] Thank you.

[31:22] [Applause]

[31:26] Chairman Stowe:

[31:27] anyone else come up here.

[31:41] >> Basically

[31:42] >> Can you give us your name and magisterial district

[31:45] >> My name is Arthur Christon and I'm actually from Winchester

[31:49] which is right over there.

[31:51] One of the things I am kind of dismayed about

[31:56] is the courthouse is no longer Ada compliant because it closed

[32:01] off one of the doors so that you have

[32:04] to actually come in my case come out

[32:06] walk clear around the building.

[32:08] That should have never been done.

[32:11] I don't know who thought of that.

[32:13] Secondly, these are now allowed in the courthouse.

[32:20] This is technically now a medical device.

[32:22] Monitors my heart rate and other fun stuff.

[32:26] It cannot leave me.

[32:28] I had that argument with one of the security guards

[32:31] at the courthouse.

[32:32] They allowed me to keep my phone with me.

[32:35] Mostly because I turned it off so

[32:38] the alarms would only come to me and nobody would hear.

[32:44] Those are the two major things that I have.

[32:47] Finally I would like to see some public transportation

[32:53] from this area to Laurel Ridge.

[33:00] Although, we do have sort of a thing

[33:02] through Winchester, which unfortunately I have never

[33:06] been able to actually ride.

[33:08] And I live there.

[33:09] That is all that I have.

[33:15] Chairman Stowe: Anybody else Quickscope

[33:18] seeing none I am going to close the public comments.

[33:23] I have already closed it, sir.

[33:25] I am sorry.

[33:26] This leads us to public hearings.

[33:30] Public hearing leads us to nine a conditional use permit zero

[33:39] 02-26 Mrs. Feltner

[33:49] >> Thank you Mr. and of the Planning Commission.

[33:58] I am sorry.

[34:00] This is a conditional use permit for a general store

[34:05] without fuel sales.

[34:06] The property is located at 5387 Wardensville grade in the back

[34:12] Crete -- back Creek magisterial district.

[34:16] The party located on that provides the location in Red.

[34:19] It is located in the southwest area of the county

[34:23] adjacent to Near Star Tannery.

[34:25] The property is located at the intersection of Wardensville

[34:28] grade come back Mountain Road and Mountain Falls Road.

[34:32] The structure closest to Mountain Falls Road

[34:36] and Wardensville grade intersection

[34:38] is the proposed general store.

[34:40] These are the applicant's proposal and not conditions

[34:44] the applicant proposes to operate a general store

[34:47] without fuel sale inside an existing 1860 square foot

[34:52] structure.

[34:54] Hours of operation are from 6 a.m.

[34:56] Until 9 p.m.

[34:57] Daily.

[34:57] Three full time employees with an average

[34:59] of 65 customers daily, 500 weekly.

[35:03] This is the sketch plan provided by the applicant showing

[35:07] the new entrance on Mountain Falls Park and the parking area

[35:10] improvements.

[35:15] A general country store without fuel sales

[35:18] is permitted in the RA with an approved conditional use permit

[35:22] the zoning ordinance provides for additional regulations.

[35:24] Requires the use showed dash --

[35:28] shall adhere to the B-2 general business dimensional standards

[35:31] for a retail floor area cannot exceed 3500ft².

[35:35] It cannot include accessory fuel sales.

[35:39] A site plan is required to be submitted and approved

[35:41] by Frederick County prior to the establishment of the use.

[35:45] Any expansion of the use shall require a new conditional use

[35:48] permit.

[35:49] Should the Planning Commission find this use to be appropriate,

[35:52] staff would recommend the following conditions.

[35:54] All review agency comments and requirements

[35:57] should be complied with at all times.

[35:58] A site plan should be submitted to

[36:00] and approved by Frederick County,

[36:02] and all improvements completed prior to the establishment

[36:05] of the use.

[36:06] All parking shall have a gravel or hard surface.

[36:09] Hours of operation are from 6 a.m.

[36:12] Until 9 p.m.

[36:13] Daily.

[36:14] Any expansion or change of use shall

[36:16] require a new conditional use permit this item is

[36:19] presented as a public hearing.

[36:20] Staff is seeking a recommendation

[36:22] from the Planning Commission to forward

[36:24] to the Board of Supervisors.

[36:29] Chairman Stowe: Thank you any questions for Mrs. Feltner .

[36:35] Is the applicant here to speak?

[36:37] Co --?

[36:44] >> The applicant is here

[36:46] >> Could you explain a little bit into the general store

[36:50] and what is allowed and what isn't.

[36:51] I just am cautious of this turning into a vape shop

[36:54] or a liquor store.

[36:56] What are the parameters to prevent that from happening?

[37:02] >> The ordinance does define general store and it focuses

[37:05] on retail.

[37:05] It doesn't distinguish between the products for sale.

[37:08] I can let the applicant speak to that, if that would be okay.

[37:15] >> Yes.

[37:24] >> My name is Daniel Kelly.

[37:25] I am, I guess it would be Cross Junction.

[37:28] We have no intention of that.

[37:30] It is like bread, milk, beer, cigarettes.

[37:34] No vape shop or any of that.

[37:37] It is an old time general store.

[37:39] That is our intentions.

[37:42] >> All right.

[37:42] That is all.

[37:43] Thank you.

[37:48] Chairman Stowe: This is a public hearing for anyone

[37:50] who would like to address this request is welcome to do so.

[37:54] You can come to the podium and address your name

[37:56] and magisterial district and keep your comments

[37:59] to three minutes or less.

[38:00] Would anyone like to speak?

[38:01] I am sorry.

[38:03] This is a CEP and not a rezoning.

[38:06] Thank you.

[38:07] Seeing no one I will close the public hearing.

[38:10] This is Back Creek.

[38:15] >> I would like to make a motion to approve permit 0246.

[38:19] Is there a second?

[38:24] >> We have a motion and a second.

[38:26] Any discussion?

[38:27] Okay.

[38:28] Let's take a vote.

[38:35] [Members Voting]

[38:44] Chairman Stowe: The motion carries.

[38:45] This will go to the Board of Supervisors on September 23rd.

[38:50] Thank you sir.

[38:52] This is the latest item nine B. Conditional use permit 03-26

[39:01] for Winchester Gateway, LLC.

[39:05] Good evening, sir.

[39:07] >> Good evening Mr. Chairman and members of the Planning

[39:10] Commission this is conditional use permit 0326 for Winchester

[39:13] Gateway LLC.

[39:14] You will recall that you held a work session on this item

[39:18] on June 9th and this is the applicant returning to seek

[39:22] a recommendation from you.

[39:24] We are at the maximum extent of the clock,

[39:27] so this evening you are being requested to provide an action.

[39:31] This is a request for conditional use permit

[39:33] on 71.85 acres of property that is presently

[39:37] zoned M-1 Light Industrial the applicant is seeking

[39:40] to establish a data center campus on this property that

[39:42] is located at the intersection of Apple Valley Road and Middle

[39:46] Road in the Back Creek Magisterial District.

[39:49] Many of you sitting here this evening would recall rezoning

[39:52] 0623 for Winchester Gateway, which was approved in 2024.

[39:57] That rezoning sought to rezone the property

[40:01] from R A and M1 to M1 for the establishment

[40:05] of industrial uses.

[40:06] And at the time of the rezoning the data center was compliant --

[40:11] contemplating as a rezoning use.

[40:14] Many of the proffers that were approved for the rezoning

[40:17] contemplated including noise and sound attenuation.

[40:21] For the purpose of the presentation

[40:23] I will be doing a high level overview.

[40:25] I think you are all well versed on the project at this point.

[40:28] I will be focusing mainly on the changes that

[40:30] were made since the work session,

[40:31] and also the conditions of approval.

[40:33] This is your county wide locator map showing the subject property

[40:37] highlighted in red.

[40:38] It is between the City of Winchester and Route 37.

[40:42] This is your zoning and location map

[40:44] showing the 71 acre industrial zone property, which

[40:48] is bound by Apple Valley Road, middle road, and route 37

[40:52] to the west.

[40:53] It adjoins areas of significant industrial development including

[40:56] those areas around the Shady Elm Road

[40:58] here could also joins existing suburban style

[41:01] residential rural residential, church, and kernstown

[41:05] battlefield, which is a significant historic resources

[41:09] for Winchester and Frederick County.

[41:11] This is your adopted long range land use

[41:14] plan that is contained in your comprehensive plan.

[41:16] Again that subject property is outlined in purple.

[41:19] Is designated blue.

[41:20] That reflects the existing zoning of the property,

[41:23] but it has been planned to be an industrial site for longer

[41:27] than it has been zoned for industrial.

[41:29] Since your June 9th worth session the applicant has made

[41:32] changes to the application to address stated concerns from

[41:35] the Planning Commission.

[41:37] In your packet this evening you were

[41:39] provided supplemental elevations, conceptual building

[41:42] renderings and a modified use of analysis

[41:44] looking at the buildings from various viewpoints

[41:47] around the county.

[41:48] You have been provided an amended sketch plan and site

[41:50] layout.

[41:51] They are proposing again three buildings totaling 800,000ft²

[41:55] within the revised sketch plan they have increased the height

[41:58] of the berm along Apple Valley Road from 10ft to 14ft and they

[42:03] have also added a pollinator preservation area on the site.

[42:08] With the environmental noise study you have provided --

[42:13] you were provided a height addendum which sought

[42:16] to evaluate two various heights and areas and how the impact

[42:19] to noise would be on the surrounding properties.

[42:21] Whether that be at 45ft as currently conditioned by staff,

[42:26] or 60ft as proposed by the applicant.

[42:28] Staff would note that both the applicant sound study --

[42:31] sorry the applicant sound engineer and the county noise

[42:35] both believe the impact and decrease of the height

[42:39] of the building are fairly minimal and not impactful given

[42:42] the adjoining existing noise on the site primarily driven

[42:45] by route 37.

[42:46] You have been provided an amended economic impact

[42:49] analysis.

[42:50] A summary of the significant community

[42:53] outreach the applicant has done since the work session

[42:55] and the applicant provided a summary and a memo

[42:57] to all of your comments.

[42:59] I'm sure that Mr. Lawson will cover

[43:01] most of these items in his presentation.

[43:03] This is that revised site layout again.

[43:06] Three buildings totaling 800,000ft² with generator areas

[43:09] between the buildings.

[43:10] Along Apple Valley Road at the top

[43:12] of the screen is the significant 200 foot buffer that

[43:15] was proffered with the rezoning and the 14 foot

[43:19] tall berm is there as well.

[43:21] In summary come up for your consideration

[43:23] this evening come up we provide positives and concerns

[43:25] for as we do for every application.

[43:27] Staff would note for positives the existing

[43:29] zoning of the property M1 aligns with the planned future land

[43:33] use contained in the Comprehensive Plan,

[43:34] industrial, as does the proposed conditional Use data center.

[43:39] The application checks many of the boxes

[43:41] in regards to planned policy and providing

[43:43] commercial and industrial opportunities in the county that

[43:46] were designated for those opportunities the proposed

[43:48] use is expected to result in a substantial reduction in traffic

[43:52] impacts of the transportation network

[43:53] compared to other M1 uses, including those that

[43:56] are currently allowed on site through the rezoning

[43:59] and the approved proffers.

[44:01] Staff would note that the noise generated

[44:03] by the operation of the data facility at this site

[44:06] during most hours of the day is comparable to or less

[44:09] than the baseline noise currently

[44:10] in the vicinity of the project.

[44:12] Again, route 37 is a significant driver of the noise

[44:16] and the noise generated by the facility

[44:18] is less than the noise currently being generated by route 37.

[44:21] It is important to point out that piece

[44:23] of the environmental noise study, which

[44:25] is a key part of the study that was required

[44:27] for the conditional use permit.

[44:29] No application is without concerns.

[44:32] The facility is proposed in an area

[44:34] of the county that is identified for core battlefield.

[44:37] That includes the Kernstown battlefield and the Battle

[44:39] of Second Winchester.

[44:40] The project has the potential to impact

[44:42] significant historic and cultural resources and tourism

[44:45] in the vicinity of the project.

[44:47] Staff would note that your historic Resources Advisory

[44:50] Board which is an advisory body of the Board of Supervisors

[44:53] come recommended denial of the conditional use

[44:55] permit request view should shed impact concerns on the building

[45:00] height and massing despite increased setbacks and enhanced

[45:03] buffers and screening as significantly double impacting

[45:08] properties.

[45:09] Staff believes many of these concerns

[45:11] may be mitigated through the recommended

[45:12] conditions of approval and finally, I

[45:14] think the most significant issue that was raised during the work

[45:17] session is there remains considerable uncertainty

[45:19] in the applicant supporting documentation regarding

[45:23] the existing substation and overhead

[45:25] utilities at the facility of the site

[45:28] and if they are able to provide the megawatts to support

[45:32] the data center at the site.

[45:33] The total megawatts needed has not

[45:34] been stated in the application material.

[45:36] While we did reach out to the oh Shenandoah Valley Electric

[45:41] they stated they could serve the product

[45:43] but provided no information about existing lines,

[45:45] adjoining route 37 or the vicinity

[45:47] and what would support the project

[45:49] or whether they would need to site new lines or make upgrades.

[45:52] The application materials provide

[45:53] a post work session do not provide any clarity

[45:56] and if the existing infrastructure can

[45:58] support the megawatts needed or if upgrades will be required.

[46:01] We do have a fairly extensive list of conditions of approval

[46:06] which I will summarize for you.

[46:09] Again, the intention of conditions of approval

[46:11] is to mitigate potential impacts of the site

[46:13] should the Planning Commission find these appropriate

[46:15] and would like to make a recommendation of approval.

[46:18] Condition one pertains to the historic resources.

[46:20] We are recommending phase one archeological survey be

[46:24] performed for the site.

[46:26] And the sites that were identified

[46:27] in the phase one study that was provided with the application.

[46:30] That a copy of the phase two study

[46:32] be provided to Frederick County prior to site plan approval.

[46:35] And that no land disturbing activities

[46:37] including grading above or below utilities,

[46:40] should occur within the features identified in the phase one

[46:43] study.

[46:43] That all land disturbance activities

[46:45] would occur outside of those areas that

[46:47] were delineated in phase one.

[46:49] Condition two pertains to site access

[46:53] we would limit the site to one full movement entrance on Apple

[46:56] Valley Road and the entrance would not

[46:57] be directly across from any residential homes along Apple

[47:00] Valley Road as to maintain a continuous buffer

[47:03] and berm along the frontage for sound attenuation and view

[47:07] shed mitigation purposes.

[47:08] We would provide a separate entrance if provided by dash --

[47:14] needed by the fire Marshal and reviewed the site should be

[47:18] reviewed by -- and approved by v dot per condition three prior

[47:25] to site plan approval for each phase of development

[47:28] and construction Mitigation plan should be submitted for planning

[47:31] and consideration.

[47:33] Plan would address at a minimum construction

[47:35] access and control measures including but not limited

[47:37] to mitigation measures to implement during weekday

[47:39] am and peak travel times, and school bus

[47:42] travel times along those construction routes.

[47:44] And that the plan would be approved

[47:47] by the Zoning administration for each phase of development.

[47:50] Continuing construction management

[47:52] that a public liaison would be designated

[47:55] and a phone number and email be provided

[47:57] to the applicant's website, but also to the county public

[47:59] information Officer for where there

[48:02] would be concerns about construction related activities.

[48:05] That they can be clearly communicated

[48:07] to the county and applicants.

[48:09] That any resolution of that would

[48:11] be handled in a timely manner.

[48:13] And then if requested by the county,

[48:16] the applicant would participate in a joint reaction team which

[48:20] include the staff and Sheriff's office

[48:23] to address construction related traffic concerns for the project

[48:26] and having pavement road damages would

[48:28] be repaired within 120 days of notice from the county.

[48:32] Condition for pertains to public utilities.

[48:34] Public water consumption by the subject property would be

[48:37] limited to 35,000 gallons per day or less.

[48:40] This was the number that the applicant supplied to Frederick

[48:42] Water and they agreed to serve no groundwater

[48:45] resources via private wells or other methods shall

[48:48] be used for the operation of the primary or accessory uses

[48:52] on site and that prior to site plan approval,

[48:54] the sanitary discharge methods should be reviewed and approved

[48:57] by Frederick County.

[48:58] Condition five pertains to noise and noise monitoring.

[49:03] That the maximum noise generated by the operation of the data

[49:06] center should not exceed 65 DBA and C during daytime hours

[49:11] and 60 DBA and see by nighttime hours measured in accordance

[49:15] with the Frederick County Zoning Ordinance section 70501 and that

[49:19] mechanical equipment installed on the property will be rated

[49:22] to produce noise that is equal to or less to the equipment that

[49:25] was studied in the Environmental Noise study prepared by Salas

[49:28] O'brien and dated November 24th 2025.

[49:31] And that testing of generator assembly limited to weekdays

[49:33] between 8:30 a.m.

[49:34] And 5:00 pm.

[49:37] Condition seven pertains to power generating facilities.

[49:42] The power generation for the use shall

[49:43] be limited to backup generators and in accordance

[49:46] with condition six, and the use of solar panels.

[49:49] Condition eight pertains to building height, design,

[49:53] and architecture.

[49:54] Maximum height of the principal structure,

[49:57] including all rooftop -- or sorry rooftop and parapet

[50:01] screens should not exceed 45ft in height the building should

[50:05] include a main entrance feature, which must either project

[50:08] or recess from the main building space and be differentiated from

[50:11] the remainder of the facade by a change in building material.

[50:14] That the design of the building facade

[50:16] should include fenestration of two or more

[50:18] of the following materials comprising of approximately 30%

[50:22] of facade concrete block, stone, brick, glass, metal,

[50:27] or architectural precast concrete.

[50:29] That at least two neutral earth tone or color palettes

[50:32] should be used in the building facade.

[50:34] That the maximum length of any exterior wall facing Apple

[50:38] Valley road without modulation shall not exceed 100ft

[50:40] and the minimum modulation depth would be two feet.

[50:44] The minimum modulation width would be 20ft.

[50:47] The final building elevations and renderings

[50:49] would be provided to the county for review

[50:51] and accepted with the above conditions

[50:53] prior to the issuance of the first building permit.

[50:56] Condition nine pertains to buffering and screening.

[50:59] That a category C type full screen buffer

[51:01] should be installed along the property frontage

[51:03] with Apple Valley Road, Middle Road, and route 37.

[51:07] And that unless otherwise modified below the buffer area

[51:10] should fulfill the minimum distance

[51:12] that OPEC screening requirements over the Frederick County zoning

[51:16] requirements 802.

[51:17] And along the front of Apple Valley and Middle Road

[51:20] the buffer distance would be a minimum of 200ft in width

[51:22] and include a minimum of a 14 foot tall earth and berm plus

[51:26] a landscape screen.

[51:27] And that the minimum size at the time of planting

[51:29] for the landscape screen for all buffer areas

[51:32] should be an inch and a half caliber deciduous tree.

[51:35] A six foot tall evergreen tree and a minimum 36 inch tall

[51:39] evergreen shrub.

[51:40] That the planting species would be reviewed and approved

[51:45] at a time of site plan.

[51:46] Would include a mix of species including at least one Virginia

[51:49] native variety of deciduous tree.

[51:51] One Virginia native variety evergreen tree and at least

[51:54] one native variety shrub.

[51:56] That in addition to the minimum ten

[51:58] foot wide landscape easement described above Apple Valley

[52:01] Road there should be an additional double row

[52:03] of evergreen trees.

[52:04] The evergreen tree screen shall include

[52:06] at least two different varieties of plantings.

[52:08] One of which should include a Virginia native

[52:11] it should be bald and burlap and a minimum

[52:13] of eight feet in height at the time of planting.

[52:15] And the double row of evergreen trees

[52:17] should be planted within the limits of the 200 foot buffer

[52:20] and that the planting should be faced appropriately

[52:22] within the inactive portion of the buffer

[52:24] to allow for regular maintenance and mowing.

[52:27] Condition ten is in regard to signage.

[52:31] Would be permitted one freestanding monument sign along

[52:34] Apple Valley Road, not to exceed 50ft² and sign area not

[52:38] to exceed 12ft in height.

[52:40] At the base of the sign and the sign face should be

[52:43] of a material and color palette that is complementary

[52:45] to the building facade materials and that building a wall mounted

[52:49] and electronic messaging signs would be permitted --

[52:53] prohibited on site condition 11 of the standard that all

[52:57] conditional use permits -- that any change in the use for which

[53:01] a conditional use permit was granted shall require a new

[53:04] conditional use permit.

[53:05] We are at the public hearing stage for this request.

[53:07] Following your public hearing staff

[53:09] would be seeking a recommendation

[53:11] to forward to the Board of Supervisors.

[53:13] As noted we are at the maximum extent of the time

[53:16] allocated to the Planning Commission

[53:17] by the Code of Virginia.

[53:19] Tonight is your night to provide a recommendation and following

[53:23] your recommendation, the Board of Supervisors public hearing

[53:26] will be held on September 23rd, 2026.

[53:28] I am happy to answer any questions from the Commission.

[53:31] Ty Lawson is here representing the applicant

[53:34] and he has a brief presentation.

[53:36] Thank you Mr. Chairman.

[53:41] Chairman Stowe: Any questions to my right or left

[53:45] thank you very much.

[53:46] Mr. Lawson Quickscope --? .

[53:55] >> Mr. Chairman and members of the Planning Commission.

[53:57] Ty Lawson here.

[53:59] Winchester gateway and I also have a bunch

[54:01] of folks to my right who are experts

[54:05] in engineering process, mechanical engineering, sound,

[54:09] financial experts, and the like.

[54:12] We are here to respond to any questions.

[54:16] As Mr. Cline started us off.

[54:19] We do have a brief presentation and then we look forward

[54:24] to responding to your questions .

[54:28] And we expect there will be comments from the public

[54:30] to respond to as well.

[54:31] At the end of the day I think we are all looking forward

[54:34] to your recommendation.

[54:37] This is our site.

[54:40] It is a 71 acre site.

[54:43] It is the property , as Mr. Cline pointed out,

[54:49] that is already zoned M1.

[54:51] It is confirmed by the Comp plan to be M1

[54:57] and he made a great point that it was

[55:01] called for that long before.

[55:03] Actually this site was rezoned.

[55:05] It was actually rezoned several times

[55:08] it was rezoned once after the property was zoned in 2015,

[55:14] along with the balance of the property that adjoins it.

[55:17] And then again in 2023.

[55:21] And as was correctly pointed out, as at the time

[55:26] it was moving in the direction contemplated

[55:29] to be a data center.

[55:30] A lot of the buffering that was proffered

[55:32] at the time screening the sound attenuation, and so on

[55:39] was built in.

[55:41] That is the site as we are here today.

[55:44] We are zoned m1.

[55:46] I believe we eliminated two uses.

[55:50] One is a prison and the other is fast food with drive thru,

[55:58] outside drive thru.

[56:01] Everything else is allowed under the M1 uses.

[56:05] We do have some fairly significant screening

[56:09] for typical M1.

[56:10] Over and above what would be required under the ordinance.

[56:13] But of course, and as it was said today,

[56:18] what we are proposing is a data center ,

[56:23] which is allowable under M1 under a conditional use permit.

[56:27] And we, of course, have heaped additional conditions

[56:31] on this site to allow for that opportunity.

[56:37] M1, as we pointed out, what is allowed as we sit here today

[56:43] is various heavy manufacturing warehouse.

[56:50] In fact, Apple Valley has significant road improvements

[56:54] on it because of the traffic impact analysis

[56:57] which came with our rezoning.

[56:59] That remains.

[57:00] We are not allowed and not proposing to change any of that.

[57:04] Office and commercial.

[57:06] Transportation and utilities.

[57:11] And generally an industrial park.

[57:13] The one thing is the square on the right which requires

[57:16] a conditional use permit.

[57:18] That is for the data center .

[57:24] I think it is important to point out what brings us here.

[57:29] We have been distinguished from other sites, which

[57:32] are Rezonings.

[57:33] They are trying to change agriculture to more intense use.

[57:37] We are not.

[57:39] What we are is asking for a conditional use

[57:45] permit to reduce all of our by right M1 uses to one.

[57:50] That is to m1.

[57:52] As is in your report comment the code

[57:56] Frederick County zoning ordinances

[57:57] cited conditions should be reasonably related

[58:00] to the proposed use and reasonably

[58:03] necessary to address the impacts of that specific application.

[58:08] In this case, it is the impacts of a data center.

[58:13] And then, we all get that power, as we do for everything

[58:17] from the Commonwealth and it comes from the Virginia code,

[58:23] which provides Frederick County zoning ordinance may include

[58:27] reasonable regulations for the granting

[58:29] of the special exception under suitable regulations

[58:33] and safeguards.

[58:35] I thought what was important, as we are all

[58:38] following the law here, the Supreme Court

[58:41] spelled out what all of that means.

[58:43] It says that although the uses in such special exception

[58:47] categories are permissible under the ordinance,

[58:50] such permission is to be granted subject to such limitations

[58:55] and conditions as public officials may oppose in order

[59:00] to reduce the impact of the use on neighboring properties

[59:05] and the public to the level which

[59:07] would be cause by those uses permitted as a matter of right.

[59:12] As we all sit here today, the matter

[59:15] of right, the uses of right or all of those M1

[59:20] uses with the exception of the two.

[59:23] No prison and the impacts that come from that, and then a drive

[59:26] through.

[59:27] Everything else, and as we proceed tonight,

[59:31] our conditions have to be measured against the level which

[59:35] would be cause by those uses permitted as a matter of right.

[59:42] This is our data center land plan.

[59:47] It is the three buildings.

[59:49] It shows the Berming, the sound walls

[59:55] that we have worked through with you all, and also with staff.

[1:00:00] It does have some key features.

[1:00:03] Number one, they are 60 foot tall buildings.

[1:00:06] Of course, that is the zoning height that was granted in 2015.

[1:00:11] And then also, with the subsequent

[1:00:15] proffered rezoning a couple of years ago.

[1:00:19] We are not going any higher.

[1:00:21] We are staying consistent with that impact

[1:00:24] with a lot of other things associated

[1:00:28] with it 200 foot setback.

[1:00:29] We have now raised the berms to 14ft.

[1:00:33] Heavy landscaping.

[1:00:34] Mr. Klein walked through some of those conditions in the rows

[1:00:39] and trees and the calipers and all of those things

[1:00:42] that are a result of our working with staff to load it up,

[1:00:48] if you will.

[1:00:49] I will show it in the view shed later as

[1:00:52] to what we get from that, in terms of benefits.

[1:00:57] Then on site ponds and delineated wetlands

[1:01:00] are preserved.

[1:01:01] We have been asked about, what is this thing going to look like

[1:01:05] and we have some renderings.

[1:01:09] These are intentionally designed to mock and mimic

[1:01:15] the development on site.

[1:01:17] Apple Valley, for example, and the residential

[1:01:21] across the street.

[1:01:23] The church is further to the right.

[1:01:25] Of course route 37 is in the back,

[1:01:27] and the ponds are on the left.

[1:01:29] Living wall concepts.

[1:01:31] We have agreed to put that in as a condition.

[1:01:35] That is as a result of your comments and others.

[1:01:39] And then views from the neighborhood.

[1:01:44] We did, and Mr. Klein pointed out

[1:01:48] that there were comments about that.

[1:01:49] What is this going to look like?

[1:01:51] What are we going to see from the various vantage points

[1:01:55] looking from across the street?

[1:01:58] From 37, from up on the hill where Shenandoah Valley

[1:02:03] Battlefield Foundation has property.

[1:02:04] Or across the way where Kernstown has battlefield

[1:02:09] property and Viewsheds.

[1:02:12] We went ahead into -- and prepared a detailed Viewshed

[1:02:21] analysis.

[1:02:21] This was subsequent to the HR a meeting.

[1:02:25] We will show you this as we go through it.

[1:02:30] They are very intentional.

[1:02:31] The engineers are here to show you

[1:02:33] how they did what they did but they

[1:02:36] are able in scale and true scale to show what the berms what

[1:02:41] the berms would look like with landscaping

[1:02:44] and the buildings behind it.

[1:02:46] There was discussion about colors

[1:02:48] and trying to paint the buildings in a certain way

[1:02:52] so that they are less visible, which is somewhat

[1:02:56] of a contrast to our neighbors.

[1:02:58] Those were all very bright white.

[1:03:00] We have agreed to those earth tones.

[1:03:03] I will go ahead and jump.

[1:03:06] It shows you what you see from the Viewsheds,

[1:03:10] or what you, in some cases would not see, because the way

[1:03:14] the buildings are placed here because of the way existing

[1:03:20] woods and other vegetation are there.

[1:03:25] And then, of course, especially as you look down

[1:03:29] to the lower two photographs, that is intentional.

[1:03:32] That is the berms with the landscaping on it, all to scale.

[1:03:38] We heard from our neighbors that they have concerns about views.

[1:03:43] To be blunt, we have delivered.

[1:03:47] We have obscured this site, and I cannot help it,

[1:03:51] I will say it again peer compare that to by right industrial.

[1:03:55] This is mitigating a perceived impact significantly.

[1:04:05] This is where we are in a buy right status.

[1:04:10] The industrial plan.

[1:04:12] We had actually done this early on in the process

[1:04:17] and folks had asked us to compare.

[1:04:19] This is what it is.

[1:04:22] The square footage of the building

[1:04:23] is significantly greater than what

[1:04:26] we are proposing to limit ourselves with the conditions.

[1:04:32] Just show the two entrances.

[1:04:35] There were comments about that.

[1:04:38] We proffered two entrances.

[1:04:40] Was, as a result of agency comments.

[1:04:43] For the record, we have no problem with going down to one

[1:04:47] but we do believe that fire and rescue will want two entrances,

[1:04:52] and of course, our design has it coming

[1:04:56] in at an angle for that second entrance.

[1:05:00] You can still accomplish the emergency access,

[1:05:04] but it does do things.

[1:05:07] Blocks the visual because you are going directly

[1:05:11] through the landscaping and the verbs.

[1:05:13] Then it helps with sound a -- sound attenuation.

[1:05:18] There are benefits that come with that.

[1:05:20] This is the sideboard -- side by side of frankly what was

[1:05:26] in the approved design.

[1:05:28] Significant landscaping and berming

[1:05:31] away above what is typically seen in an M1 preferred

[1:05:36] rezoning.

[1:05:36] We did that on purpose and then with the cup

[1:05:42] we have loaded it up even more, starting

[1:05:45] with the base of the 14 foot berms with landscaping on it.

[1:05:51] With that, I would be happy to respond to any questions.

[1:05:57] We were asked to get to -- through the presentation so that

[1:06:03] we could respond quick we do have other reference materials

[1:06:06] in the deck.

[1:06:08] Folks may refer to that, depending on your questions.

[1:06:13] >> Thank you, Mr. Ralston.

[1:06:16] Any questions.

[1:06:17] Mr. Whitaker quick

[1:06:19] >> Do you have a topographical map you can fill --

[1:06:26] pull up for us?

[1:06:30] >> How do I go -- do you want to see the by right or both?

[1:06:38] >> I want to -- see where all of the watershed coming off

[1:06:41] of the building and everything would run to.

[1:06:45] >> The stormwater features for both our building off

[1:06:48] of the existing ponds and as I said before,

[1:06:55] we have several engineers if you would like to talk to the civil

[1:07:01] engineer about their design.

[1:07:04] >> About the runoff directly to the ponds

[1:07:11] >> Josh?

[1:07:17] >> In the event of any of the cooling systems,

[1:07:18] I would imagine that you cooling this with machinery on top

[1:07:23] of the building?

[1:07:25] >> Yes, sir.

[1:07:27] >> In the event of any of those leaking,

[1:07:29] how is that contained and vented from going into the wetland

[1:07:34] areas?

[1:07:36] >> That may be more of a question for the mechanical

[1:07:39] engineer or the plumbing engineer for the building.

[1:07:45] >> Mitchell.

[1:07:47] >> So the air cooled equipment, chillers on the roof,

[1:07:51] will fill up the whole roof with piping that would be within

[1:07:55] the sound enclosures and the screening.

[1:07:58] There is going to be a cistern that

[1:08:02] will be built into the project where stormwater will

[1:08:05] go into first before leaving the cistern

[1:08:08] and going out of the building out onto the property.

[1:08:15] Council Member Whitacre: So what the cistern doesn't contain

[1:08:17] it is just running over?

[1:08:20] >> It is just coming off of the top.

[1:08:24] Council Member Whitacre: So there

[1:08:26] is no system in there to prevent any toxin from getting

[1:08:28] into the wetland area?

[1:08:30] >> The cistern itself, this is in combination with what was

[1:08:33] mentioned last time.

[1:08:34] There is leak detection along the piping as well would

[1:08:38] be one of the requirements.

[1:08:41] That is actually not normal, but that is something

[1:08:43] that we have talked about.

[1:08:44] It is going to add a cost to provide

[1:08:47] all of that additional leak protection piping is insulated

[1:08:50] and wrapped in aluminum Jacketing.

[1:08:52] Below the Jacketing you would have another layer

[1:08:54] with leak detection.

[1:08:56] That would be your early prevention.

[1:08:58] And then there would also be emergency response measures

[1:09:03] with absorption materials, training

[1:09:09] with administration procedures and quick response

[1:09:11] to be able to mitigate any sort of large, significant leaks.

[1:09:18] Small leaks would be captured by the leak detection

[1:09:20] and would not make it to the roof drains.

[1:09:24] Council Member Whitacre: In the event

[1:09:26] that the wetland area does get contaminated,

[1:09:29] who has to pay for that cleanup?

[1:09:32] >> That would be the owner of the property.

[1:09:35] Or the owner of the building facilities.

[1:09:39] Let's say propylene glycol were to get out

[1:09:43] and it is deemed to be a fineable offense

[1:09:45] by the authorities they would be responsible for that.

[1:09:49] The good news is, there is a secondary tertiary measures

[1:09:54] to mitigating it getting outside of the property line.

[1:09:59] Council Member Whitacre: If the cost was so bad

[1:10:01] that it forced you into bankruptcy, then who gets

[1:10:04] stuck with the bill?

[1:10:06] >> I don't know how to answer that question

[1:10:11] Chairman Stowe: Any other questions

[1:10:13] to my right quick questions to my left?

[1:10:15] Okay.

[1:10:16] Thank you very much.

[1:10:16] This is a public hearing.

[1:10:18] I will open the public hearing for this cup 03-26 if you would

[1:10:27] like to speak I would ask you to come to the podium,

[1:10:30] state your name and your comments and limit your comments

[1:10:33] to three minutes or less.

[1:10:35] As we come to this I would like to acknowledge

[1:10:39] e comments from online from the following people

[1:10:41] just in Platt, Stacy Haaga, Kristen Kearns, Michael Rogo,

[1:10:46] Christopher Bradford, Rhonda Jenkins, Jean Lombardo, Jennifer

[1:10:50] Moy, John Netzel, Anna Bradford, Charlotte Lombardo, Lawrence

[1:10:57] Weiss, Ted Mcfadin, Holli Harrington, Meredith Davis,

[1:11:02] and Randy Leach.

[1:11:04] And a few here intended to speak in addition to E comments,

[1:11:08] I would ask -- you are welcome to do so but I would ask that

[1:11:12] you would please allow those who have not submitted e comments

[1:11:15] to first speak, in the interest of time and that you limit

[1:11:18] your statements to new information that you have not

[1:11:20] provided previously included in the written comments.

[1:11:24] With that said, I will open the public hearing and, Mr. Bishop?

[1:11:39] >> The big winner for tonight is Vicki Michaels,

[1:11:41] followed by forgive me if I mispronounced your name,

[1:11:45] Arthur Christiansen.

[1:11:56] >> Good evening, commissioners my name is Vicki Michaels and I

[1:11:58] live in the Stonewall District.

[1:12:00] While gateway plans to use a closed end loop system,

[1:12:04] the saga and that of the data centers in Frederick County

[1:12:08] seems more like a dead end loop.

[1:12:11] Never ending.

[1:12:12] On page six of 16 of the Cup, executive summary,

[1:12:16] the conditional use shall not be, excuse me

[1:12:21] the conditional use shall be in harmony with,

[1:12:24] and shall not adversely affect the use and enjoyment

[1:12:27] of surrounding properties.

[1:12:29] I could end right now and have gotten my point.

[1:12:33] From August 18th, 2026 under proposed use,

[1:12:37] the proposed building and block massing as proposed

[1:12:39] by the applicant, up to 60 foot, excluding any rooftop mechanical

[1:12:45] equipment.

[1:12:45] I would like to know how much height that adds.

[1:12:49] May have a significant impact on area viewsheds,

[1:12:53] particularly from neighboring historic resources and single

[1:12:56] family residential -- residences in the project vicinity planning

[1:13:01] staff have proposed a maximum structure height not to exceed

[1:13:06] 45ft.

[1:13:07] I believe that was a condition on here.

[1:13:10] This revised application still costs for three buildings

[1:13:14] of 60ft high.

[1:13:16] April 20th, 2026, the HRAB recommended reject due

[1:13:25] to the impact on economic resources.

[1:13:29] By the nighttime levels exceed the ambient noise levels

[1:13:32] during quiet hours because they are also studying,

[1:13:36] they serve to mask the traffic noise.

[1:13:39] Really?

[1:13:39] The applicant also has a study regarding the 60 foot

[1:13:44] building being quieter than the requested 45 foot.

[1:13:48] Not surprising, a third party examiner

[1:13:51] has some concerns on how that study was technically conducted.

[1:13:56] Why aren't the number of generators listed anywhere

[1:14:02] on the CUP and am I the only one that has a problem with the fact

[1:14:09] that we are building a data center right

[1:14:11] next to a Native American site that predates any contact.

[1:14:18] I am a little bit thrown off in my notes

[1:14:23] because I just read the new agenda that you handed out

[1:14:28] today.

[1:14:29] I had to change what I was saying.

[1:14:32] At the August 12th Board of Supervisors meeting come

[1:14:35] on numerous county residents, including myself,

[1:14:38] asked our supervisors to ensure the ordinance to remove data

[1:14:41] centers as permitted and, or conditional use in certain

[1:14:45] zoning be free of loopholes.

[1:14:48] Requesting that they define a data center and state that they

[1:14:51] are not permitted in all zoning districts,

[1:14:53] rather than removing references to data centers and definitions.

[1:14:57] Based on the information that I just now read,

[1:15:01] on the August 31st Legal memorandum I just want to say --

[1:15:10] I don't know how three minutes went by because I timed this

[1:15:13] and I had my time.

[1:15:14] But I just want to say that we are trusting you

[1:15:19] all to act in a manner that your constituents have shown you,

[1:15:25] what we want and for the good of the people.

[1:15:28] I don't know how you can vote on something

[1:15:30] or approve it when the phase two has not yet been completed.

[1:15:34] You are going to be voting on something to pass it

[1:15:37] through when the archeological survey has not gone through.

[1:15:41] Thank you.

[1:15:46] [Applause]

[1:15:50] >> Next we have Arthur Christian followed by Randy Leach

[1:15:52] and folks, if you could come if you are next to beyond

[1:15:55] the person who is speaking you will have --

[1:15:57] if you could kind of queue up behind them to help everybody

[1:16:01] move along.

[1:16:02] >> I would also ask if you could help please hold your applause

[1:16:05] until the end.

[1:16:06] I know this is an item folks are passionate about.

[1:16:08] We are trying to move along.

[1:16:09] We have 27 speakers.

[1:16:11] Or 27 folks who want to speak and some of you

[1:16:14] have kids that have to go to school tomorrow

[1:16:16] or you have to go to work tomorrow I understand that.

[1:16:19] >> I will try to be short.

[1:16:21] My name is Arthur Kristen from Winchester.

[1:16:25] When I noticed no geological study whatsoever in anything .

[1:16:36] Second, this is an earthquake zone.

[1:16:40] We had an earthquake in Middleville Virginia that ran up

[1:16:44] for --

[1:16:45] 522.

[1:16:45] I felt it in my house at that time -- tends to break pipes.

[1:16:50] All of a sudden you break pipes come on giant water pipes

[1:16:54] come I guess what you get in a limestone area?

[1:16:57] Sinkholes.

[1:16:58] That whole area is a giant sinkhole waiting to happen.

[1:17:02] You shouldn't build anything on there whatsoever.

[1:17:06] Finally come out looking at the increase in the electric bill.

[1:17:15] I was under Shenandoah Valley Electric and the increase

[1:17:19] of my water bill.

[1:17:20] Winchester has one of the highest water bills in the area

[1:17:24] up here it is going to go up.

[1:17:28] I object to this.

[1:17:31] Finally come a cybercrime.

[1:17:33] If I was a cyber hacker come on guess where I would go.

[1:17:37] Write to the data center.

[1:17:39] Right to the electric company.

[1:17:41] The electric company does not protect itself.

[1:17:43] I am here to tell you that because I commented

[1:17:46] to their board saying come on you need to do something

[1:17:50] about your cybersecurity.

[1:17:51] I am a cybersecurity expert peer I have several diplomas

[1:17:57] and I have a master's degree in all of that.

[1:18:01] I am just saying, we need to really think

[1:18:06] about a lot of stuff here.

[1:18:08] I am asking that you vote no on this.

[1:18:12] It is too much of a problem.

[1:18:14] That is all that I have for this.

[1:18:17] Thank you.

[1:18:21] Chairman Stowe: -- >> I was one of the E comments.

[1:18:29] Do you want me to wait till the end?

[1:18:31] Go

[1:18:32] >> After Jay Marts we have Jennifer Smith.

[1:18:39] >> Good evening I'm Jay Mark from the Gainsborough District.

[1:18:41] Chairman Stow and hello to my Gainsboro reps.

[1:18:45] And the rest of the commissioners tonight.

[1:18:47] I appreciate the opportunity to petition the local government

[1:18:50] on potential land use decisions.

[1:18:52] These public policy issues under consideration

[1:18:56] will have long term ramifications for our county

[1:18:59] and most are irrevocable.

[1:19:02] Once the shovel hits the ground, the property rarely

[1:19:06] reverts to what it once was.

[1:19:07] You set the path to turn the farm into an industrial park.

[1:19:11] Where orchards once blossomed common cattle graze,

[1:19:15] tractors plows and food grew we will not have industrial parks

[1:19:18] cum a strip malls, condos and townhouses.

[1:19:20] Additionally, too much traffic causing delays and accidents.

[1:19:24] Increased demand on our power grid and most important,

[1:19:27] our water resources.

[1:19:28] This contributes to the overcapacity of our schools,

[1:19:32] and the increased burden on the first responder network.

[1:19:34] We have a beautiful piece of geography

[1:19:36] here at the top of Virginia.

[1:19:38] I moved my entire family, three kids and three grands

[1:19:42] here to enjoy, grow, and prosper in the northern Shenandoah

[1:19:45] Valley.

[1:19:46] We left Fairfax, avoided Loudoun, and settled here.

[1:19:50] We are all pleased with the decision.

[1:19:52] We just hope it was the right one.

[1:19:54] I generally have confidence in this commission.

[1:19:56] You are all professionals in the work of land management.

[1:20:00] Especially now that Dr. Lamanna has graduated.

[1:20:07] I want to ask you to use land management only

[1:20:11] to the areas that are designated for that purpose.

[1:20:14] Stop rezoning rural areas.

[1:20:15] Point developers to properties that

[1:20:17] may have a mutual redevelopment option Excel Sunnyside

[1:20:20] or show me a plan.

[1:20:22] To the subsequent hand.

[1:20:24] The Winchester Gateway project is M1.

[1:20:26] You have done the appropriate work to ensure compliance.

[1:20:28] This is evident by the changes made by the developer.

[1:20:31] This property will eventually be developed by right.

[1:20:35] I would suggest that perhaps you try

[1:20:38] to entice a flock camera manufacturing

[1:20:41] facility to move in.

[1:20:43] You would probably have as good as luck

[1:20:46] as you do with data centers.

[1:20:48] Vote appropriately.

[1:20:48] You are not directly accountable to the electric.

[1:20:52] Pompous to the supervisors and we, the voters,

[1:20:56] will decide who represents us.

[1:20:58] The consequences of decisions will manifest themselves

[1:21:00] on November 3rd.

[1:21:01] Thank you very much for your time.

[1:21:04] >> Thank you.

[1:21:06] >> Next we have Jennifer Smith followed by Leslie Spencer.

[1:21:14] >> Good evening.

[1:21:15] >> Good evening come on Jennifer Smith from the Stonewall

[1:21:17] District.

[1:21:18] I am back again.

[1:21:19] I would like to talk about the comprehensive plan a little bit

[1:21:23] because it seems to be kind of what they seem

[1:21:27] to talk to the lawyers, and meeting the requirements,

[1:21:31] and everything.

[1:21:32] But I want to speak to your vision statement.

[1:21:34] It starts with, to ensure the quality of life

[1:21:39] for all Frederick County citizens.

[1:21:41] When we come to these meetings, and we show you

[1:21:45] what we want for our quality of life,

[1:21:47] it seems to be overlooked that the impact of these facilities

[1:21:54] will have on the people that live here.

[1:21:57] A lot of the people who showed up for this

[1:21:59] are probably not residents in our community.

[1:22:02] They have, while we are meeting demands we are going

[1:22:06] to put bees on the property.

[1:22:09] Virginia planted all of these fine things

[1:22:11] to meet the requirements.

[1:22:12] They do not live here and they do not have to deal with it.

[1:22:15] If there is a leak, they will say, we have made adjustments.

[1:22:18] We have things in place.

[1:22:19] But there is a long history of multi-million dollar billion

[1:22:21] dollar companies coming into rural communities,

[1:22:24] stripping natural resources, poisoning the water come up

[1:22:27] poisoning the land and residents are left dealing with it,

[1:22:31] and nothing happens to these companies.

[1:22:32] The problem is, once you let them in, you cannot get rid

[1:22:37] of them.

[1:22:37] You cannot fix what they do.

[1:22:39] There is no compensation for the health and security,

[1:22:42] into well-being of the folks who live here.

[1:22:45] My concern is, we did not choose this.

[1:22:48] We did not let this happen.

[1:22:50] We did not open a door to data centers.

[1:22:52] The community never voted for that.

[1:22:54] That was brought by the board.

[1:22:58] We have never wanted this and we have continued

[1:23:01] to bring this to board meetings, to the Planning Commission,

[1:23:06] and we have continually stated our guidance.

[1:23:10] We vote for you all and you all are supposed to represent us.

[1:23:14] Our taxes pay for that, and we vote for that.

[1:23:17] Every time we show up and we tell you what we think,

[1:23:21] your votes should reflect the people you represent.

[1:23:24] The people who live here.

[1:23:26] The people who have to deal with this.

[1:23:27] Good planning and your comprehensive plan

[1:23:30] is to protect the rural preservation of this community.

[1:23:34] Planning the community in a proper way.

[1:23:38] Putting data centers across from historical locations,

[1:23:41] and in neighborhoods, is not good planning.

[1:23:44] We have industrial parks and we have places

[1:23:47] that they could better suit.

[1:23:49] But instead, that is being ignored

[1:23:51] at the benefit of large corporations

[1:23:52] and at the detriment of the people who live and work here.

[1:23:57] We are the ones who are dealing with the aftermath of this.

[1:24:00] You should think about that when you set your vote.

[1:24:02] Thank you.

[1:24:04] >> Thank you .

[1:24:08] We have Leslie Spencer followed by Gary Shepherd.

[1:24:13] >> Mr. Bishop, I did not sign up here is there a Leslie

[1:24:16] in the room.

[1:24:17] >> I think perhaps I am reading.

[1:24:19] It is fairly loopy writing it I saw the Leslie.

[1:24:22] If there is a Leslie out there that signed up

[1:24:25] and I haven't called your name, and you

[1:24:27] are on the first page, that is probably,

[1:24:29] I see a big letter L and a letter S,

[1:24:33] but the rest is difficult for me.

[1:24:36] >> I will take it then.

[1:24:38] Good evening, Leslie Spencer from Gainsborough.

[1:24:41] Thank you for your dedication and thank you

[1:24:43] to all of the voters for showing up for your neighbors tonight.

[1:24:47] Frederick County deserves clarity, foresight,

[1:24:50] and strong leadership.

[1:24:52] The land use changes will create real health, ecological,

[1:24:55] and economic risk over many miles.

[1:24:58] Do we truly know the value of what we risk using.

[1:25:01] This is a conditional use permit.

[1:25:04] You have the discretion to decide

[1:25:06] whether this particular use is appropriate

[1:25:08] and the particular location, and compatible with the surrounding

[1:25:12] community.

[1:25:13] Are we properly evaluating the cumulative long term impacts

[1:25:17] at and beyond the immediate property lines,

[1:25:21] via bill SB 94 passed July 1st, gives us reason to pause right

[1:25:26] now and ask the question.

[1:25:27] This bill also allows locality to require the site assessment,

[1:25:31] examine the effect of the proposed facility on the ground

[1:25:34] and surface water, resources, agricultural resources, parks

[1:25:38] come out registered historic sites,

[1:25:40] and the forest land on high energy use facility sites,

[1:25:45] or immediately contiguous land.

[1:25:49] This location sets behind the homes and Battlefield site

[1:25:54] along major tourism corridor.

[1:25:56] Our comprehensive plan reminds us

[1:25:58] that first impressions often set the tone for visitor experience.

[1:26:01] This is an extraordinary intensive industrial use.

[1:26:05] Frederick County needs real transitional zoning

[1:26:08] between uses of this intensity and the people

[1:26:10] who already live here.

[1:26:12] And then there is energy.

[1:26:14] Before we approve a Frederick County high energy use facility,

[1:26:18] we need to ask, where will the power come from,

[1:26:20] and what new generation and transmission

[1:26:22] will be required to serve it.

[1:26:25] Also, there is a new bill.

[1:26:27] The HB 284 says the energy Flexibility Program where,

[1:26:33] and the main feature data centers,

[1:26:35] will run on a flexible schedule where peak electricity is low,

[1:26:38] so the noise -- so is that going to be noise at night?

[1:26:44] What other energy bills have we all been studying?

[1:26:46] What don't we see right now?

[1:26:48] I don't think that Frederick County should approve

[1:26:51] massive new energy loads, while Virginia and PJM are still

[1:26:55] struggling to solve the energy crisis already in front of us.

[1:26:59] Especially for another data center.

[1:27:00] I am also worried about what comes next.

[1:27:03] If we approve a high energy use facility today,

[1:27:06] will Frederick County eventually make --

[1:27:08] be expected to host the generation needed to power it

[1:27:11] tomorrow?

[1:27:12] Especially for a data center.

[1:27:14] We should all know that answer before we say yes.

[1:27:17] We can ask for better.

[1:27:21] There are American tech companies already doing

[1:27:24] this overseas.

[1:27:24] It makes me sad and angry that they will not do that here.

[1:27:28] I will never say yes.

[1:27:29] I will never trust them until they show me that they will.

[1:27:34] Let's plan carefully come up protect back

[1:27:39] Creek district, the historic fertile valley, our state,

[1:27:42] and preserve the irreplaceable beauty of Frederick County.

[1:27:47] Thank you.

[1:27:49] >> Next we have Garry Shepherd followed by Rachel Keller

[1:27:52] or Richard Keller. .

[1:27:56] >> Good evening come up Mr. Shepherd.

[1:27:59] >> Good evening.

[1:27:59] I am Garry Shepherd, president of the Kernstown Battlefield

[1:28:02] Association.

[1:28:03] As I look at you, I sort of wonder

[1:28:06] how many of you have even visited the Kernstown

[1:28:08] battlefield.

[1:28:09] 3/5 of our property is in the Back Creek district of Frederick

[1:28:16] County.

[1:28:17] We are opposed to the data center.

[1:28:21] Our concerns are many.

[1:28:23] We have three wells, we have over 80 head of cattle

[1:28:28] on our property.

[1:28:30] The health of our neighbors on Apple Valley.

[1:28:34] The ignored low frequency emission health risk.

[1:28:38] I am talking about at the 35 decibel and lower level, which

[1:28:44] these generators will be generating.

[1:28:46] All of that is being ignored.

[1:28:48] As well as our Viewshed and the history impact

[1:28:53] that the data centers will have.

[1:28:56] The Kernstown battlefield property was settled in 1735,

[1:29:01] and composes 35 acres of historic property

[1:29:05] in the Back Creek District.

[1:29:07] That includes 315 acres on our main property

[1:29:11] and 38 acres up on Sandy Ridge.

[1:29:15] Our southern border ends at Apple Valley Road,

[1:29:18] directly across from the proposed data center.

[1:29:22] On March 23rd, 1862, during the first Battle of Kernstown,

[1:29:27] Union Colonel Nathan Hill stood on Pritchard's Hill and watched

[1:29:34] the Confederates come out of Barton's Woods where this data

[1:29:39] center is going to be.

[1:29:40] Directed by a guy named Stonewall Jackson

[1:29:45] to attack Pritchard Hill.

[1:29:47] Before they got to Pritchard Hill,

[1:29:49] 80 Confederates were dead or wounded from the artillery that

[1:29:53] was on our hill.

[1:29:56] The battle then moved to Sandy Ridge, and Rosehill,

[1:29:59] and this was the first and only battlefield defeat by Jackson.

[1:30:05] Then on July 34th --

[1:30:09] July 24th, 1864 at the second Battle of Kernstown,

[1:30:13] Union General George Crook's stood on the same hill and was

[1:30:17] looking south with his whole division across the front

[1:30:21] of our property.

[1:30:23] From Valley Pike, all the way up onto Sandy Ridge.

[1:30:26] He sent that division forward to get rid

[1:30:30] of the Confederate bushwhackers that

[1:30:33] were in the field between us and where

[1:30:35] the data center is going to be.

[1:30:37] Once they got 600ft out into the fields,

[1:30:41] the Confederates unleashed their attacks.

[1:30:46] Coming out of Barton's woods and out

[1:30:48] of where the warehouses are now, they

[1:30:50] were hit in three different places.

[1:30:52] It was a complete out.

[1:30:58] The final stand was at the Stonewall.

[1:31:00] Crook ends up going back up into Maryland.

[1:31:08] >> Wrap it up, third.

[1:31:09] >> Kimball and Crook stood on Pritchard's Hill looking south

[1:31:11] at the majestic Massanutten Mountain which divides

[1:31:14] the mountain into two valleys.

[1:31:16] The 40 foot high warehouses that are

[1:31:19] there have very little impact on this view,

[1:31:22] and pose no health risk to the local area and battlefield.

[1:31:26] However, the proposed 60 foot high data center,

[1:31:30] with allowable additional height,

[1:31:32] which could go up to 75ft, will certainly have an impact on that

[1:31:40] view shed that we have.

[1:31:42] The solution for the data center is

[1:31:46] to build this unnatural 14 foot berm and plant taller trees.

[1:31:51] All that does is further distract

[1:31:54] from the natural historic view from Pritchard Hill.

[1:31:58] For 25 years the KBA has worked very

[1:32:02] hard to preserve the 290 year history of this property.

[1:32:08] Our 4000 visitors each year come for the history and the views.

[1:32:13] Not to look at a data center.

[1:32:15] We are asking you as county officials to be responsible.

[1:32:20] Protect historic property and its citizens from health

[1:32:26] risks coming from this data center.

[1:32:28] Regional jurisdictions are now taking stronger stance

[1:32:32] against data centers.

[1:32:34] Joined the club.

[1:32:35] Deny the permit.

[1:32:36] Thank you.

[1:32:41] [Applause]

[1:32:45] >> Richard Keller followed by Mary Margaret Bob.

[1:32:51] >> Richard?

[1:32:53] Mary Margaret?

[1:32:54] You are up.

[1:32:55] After Mary Margaret we have Bob curd

[1:33:03] >> Mam Mary Margaret Kernstown district.

[1:33:06] My -- a meeting with gateway reps and participating

[1:33:13] in Loudoun County tours organized by Winchester Gateway.

[1:33:16] The tour was to visit two campuses.

[1:33:19] Best and worst case where we could hear for ourselves what

[1:33:22] data centers sound like.

[1:33:23] First campus utilizes latest technologies.

[1:33:26] We found noise levels Unconcerning .

[1:33:32] The birds were actually louder.

[1:33:33] The second campus is powered by gas turbines.

[1:33:36] Viewed next to homes Comedy Center could be heard

[1:33:40] but was only background to heavy traffic and planes.

[1:33:43] Was explained that we could expect the sound of gas turbines

[1:33:46] to be more noticeable on the second side of the building

[1:33:48] away from the homes.

[1:33:50] Truthfully the noise there wasn't significantly different

[1:33:53] from the first.

[1:33:54] The sound level measured 55 to 65dB and we were advised that

[1:33:58] was a worst case scenario.

[1:34:01] In the ten minutes that we spent at --

[1:34:05] next to each of those was truly representative of data center,

[1:34:12] the Loudoun County Economic Director, buddy Rizer,

[1:34:16] would not have said to me what he did.

[1:34:18] Immediately prior to our tour, we sat down for a discussion

[1:34:21] with our guide, Mr. Reiser.

[1:34:23] I expressed my concerns regarding data centers

[1:34:26] next to housing.

[1:34:27] Mr. Reiser's response was surprisingly swift and emphatic.

[1:34:31] Don't do it.

[1:34:33] Don't build data centers next to housing.

[1:34:36] He acknowledged numerous complaints from homeowners

[1:34:38] admitting it had been a mistake for Loudon to permit

[1:34:41] data centers next to homes.

[1:34:43] Now that I know where to go, I later

[1:34:47] drove myself to see more locations.

[1:34:49] I found the noise level to be similar to what

[1:34:51] it had been the day of the tour, until I explored further.

[1:34:55] Buildings have four sides and the tour had only taken us

[1:34:58] to one out of two of them.

[1:35:00] Circling, I found loud cooling fans

[1:35:02] at one location and high pitched whining machinery at the other.

[1:35:05] I readily admit that the gateway complex is not

[1:35:08] expected to operate whining turbines

[1:35:11] and there is something to be said for the fact

[1:35:13] that noise levels are not identical on all sides.

[1:35:15] Many unhappy neighbors in Loudon suggest

[1:35:18] that it isn't the entire story.

[1:35:20] The examples we were presented of what data centers sound like

[1:35:23] were misleading.

[1:35:24] Despite my efforts to look at this issue with an open mind,

[1:35:27] I still don't know with any certainty

[1:35:29] that hyperscale data centers can be

[1:35:32] built in a way that won't negatively

[1:35:34] impact neighboring homes.

[1:35:36] What is clear to me is that gateway

[1:35:37] is doing their best to put lipstick on a pig

[1:35:40] and convince us it is a unicorn.

[1:35:44] That leads me to no choice to believe

[1:35:47] that Director Reiser advised don't build

[1:35:49] data centers next to housing.

[1:35:51] I respectfully ask that you also believe him and deny

[1:35:54] the Winchester Gateway permit.

[1:35:56] Thank you for your time and consideration.

[1:35:58] >> Thank you come on Ma'am.

[1:36:05] >> We have bob curd followed by Julie Curd.

[1:36:10] >> My name is Bob curd, back Creek District became a licensed

[1:36:13] civil engineer.

[1:36:15] I have degrees from MIT and UCLA.

[1:36:17] I am also a certified vibration analyst.

[1:36:21] I am not a specialized geologic engineer.

[1:36:28] Frederick County ordinance 123 requires

[1:36:31] that I specialized geologic engineer examined

[1:36:36] the land that is proposed for any large structure.

[1:36:39] The excessive, heavy structured on top of land

[1:36:45] are strongly discouraged.

[1:36:47] What is cast land.

[1:36:50] The landscape are characterized by sinkholes, sinking streams,

[1:36:58] springs and caves.

[1:37:00] Frederick County almost defines what this land is.

[1:37:04] Underneath all of our county are caves, sinkholes

[1:37:08] and underground rivers.

[1:37:10] These were formed slowly over centuries

[1:37:14] by water forming limestone and dolomite.

[1:37:18] There is an enormous sinkhole measuring 150 yards in diameter

[1:37:23] that is on the property.

[1:37:27] They have taken the drawing away.

[1:37:30] There are many close neighbors whose

[1:37:33] homes have been damaged by the settling of their houses

[1:37:36] into hollow sinkholes under their houses.

[1:37:39] In fact, I helped put special plastic foam

[1:37:44] under a large slab at the Tory factory south of here.

[1:37:48] We had to raise the floor.

[1:37:50] It had settled.

[1:37:51] We had to raise it by filling the sinkholes underneath it

[1:37:53] with foam plastic.

[1:37:54] There are other concerns as well.

[1:37:57] There is actually a fault called the Apple Pie Ridge fault

[1:38:03] that runs across the property.

[1:38:05] There are springs bubbling up on the west side of the property.

[1:38:15] Aquifers cannot filter contaminants.

[1:38:18] Polluted water travels miles through underwater conduits

[1:38:22] to wells and springs. karst land can be uniquely catastrophic.

[1:38:33] It would discourage industrial grade wastewater

[1:38:36] above the same aquifers that supply private wells

[1:38:40] in the Shenandoah River.

[1:38:42] Another big concern is how to construct a data center.

[1:38:46] The watering has to be done prior to building

[1:38:50] heavy large structures.

[1:38:52] They have drilled numerous deep wells

[1:38:54] and pump out the underground water

[1:38:56] before establishing a base.

[1:38:58] That would be almost impossible with the existing

[1:39:01] springs on the property.

[1:39:03] De watering would destabilize the entire karst flow of water.

[1:39:12] Heavy construction and high groundwater pumping

[1:39:14] are grown double known triggers for sinkhole formation.

[1:39:17] Thank you.

[1:39:24] >> Julie curd followed by Jay Banks.

[1:39:25] >> Good evening.

[1:39:26] I love that guy.

[1:39:27] We are here tonight talking about zoning and planning.

[1:39:33] What is zoning and planning to me?

[1:39:36] It is a board and a government that helps

[1:39:42] me preserve my property values.

[1:39:45] I am not seeing a whole lot of it.

[1:39:48] I am not feeling right now that will happen to me if this data

[1:39:51] center is built. I am surrounded here tonight

[1:39:54] with a lot of my neighbors.

[1:39:57] We have got a lot to lose because we

[1:40:00] are like a lot of other people in that a lot of our assets

[1:40:04] are tied up in our real estate property.

[1:40:07] We have a goal and a duty to protect our real estate values.

[1:40:16] And, as our leaders, should be cheering us on in that.

[1:40:21] You know why?

[1:40:24] Because property taxes come from our property values.

[1:40:30] If our property values go down, you don't receive the taxes.

[1:40:36] Not only that, the tax money that you

[1:40:40] are generated from the property values, a lot of it

[1:40:44] is going to purchase school bonds to build new schools.

[1:40:48] If our property tax values go down,

[1:40:52] your revenues go down and then who

[1:40:55] is going to pay for the new schools

[1:40:57] up here everybody is always shouting

[1:41:01] that we need them so much.

[1:41:04] If there is nothing to back the school bonds,

[1:41:07] you see that this can create a terrible vicious cycle that

[1:41:12] is just going to deteriorate the viability of a county.

[1:41:18] It is estimated there are -- is about 98% of the counties

[1:41:25] in the United States are in this vicious cycle.

[1:41:28] Draw your own conclusion.

[1:41:29] No property values, no tax value.

[1:41:34] Let this group destroy our property values.

[1:41:39] We have a big problem.

[1:41:40] We cannot let that happen.

[1:41:45] Just recently, the Supreme Court of the United States

[1:41:50] has agreed to hear a case on property taxes.

[1:41:56] Are they constitutional quirks gentlemen and ladies,

[1:42:00] this is just the beginning of what

[1:42:03] is going to happen with this vicious cycle.

[1:42:07] Let's not start it here.

[1:42:10] These guys do not have an end user.

[1:42:13] That means, in three years from now when they get done

[1:42:17] and there is no data center business going on,

[1:42:20] how are they going to get an end user that is a data center?

[1:42:24] By then, they are going to start putting data centers in space.

[1:42:28] They are not going to be on the ground.

[1:42:31] And therefore we have a problem.

[1:42:35] >> Thank you.

[1:42:37] >> Vote no to this.

[1:42:38] Thank you.

[1:42:44] >> Jay banks followed by Rebecca B from Stonewall.

[1:42:48] >> Good evening, J.

[1:42:51] >> Good evening.

[1:42:51] The very next day after my public comments

[1:42:54] to this committee, I got a call from a county staff member,

[1:42:59] which was very intimidating.

[1:43:01] But I will not be silenced and I will continue to come before you

[1:43:06] and speak.

[1:43:07] As a certified arborist, a look at the plans for your buffers

[1:43:12] and it is a joke.

[1:43:16] They are a failure in this community.

[1:43:18] Don't take my word for it you can just go out to the approved

[1:43:23] sites where the solar farms are, and look at the plantings that

[1:43:27] are deteriorating and falling apart

[1:43:30] they are not screening a thing.

[1:43:32] What they are saying is that they

[1:43:35] are going to put enhanced landscaping, it is for naught.

[1:43:39] And those poor people living across the street

[1:43:41] will see these same six foot tall tree for the next 25 years,

[1:43:44] because it is not going to be maintained.

[1:43:48] There is nothing that this county

[1:43:50] has done to make developers maintain the required buffer

[1:43:57] yards.

[1:43:57] There should have been conditions on this. .

[1:44:05] It brings to bear the man's dash --

[1:44:09] the responsibility to maintain the plantings.

[1:44:12] They will bring them in but they will not maintain them.

[1:44:14] I bring your attention to the buffer yards that are failing.

[1:44:17] Earlier this year they planted sections of the buffer yards

[1:44:19] for the solar farms.

[1:44:22] Over half of that is already dead.

[1:44:25] What they are going to put in is just

[1:44:27] going to be more dead material.

[1:44:28] When you are talking about a 14 foot berm,

[1:44:32] it is going to be nothing but vegetation that is dead.

[1:44:37] It will be at a taller level, that is all.

[1:44:41] You cannot build a berm, because it has to be a structure that

[1:44:48] will not erode.

[1:44:49] The state will not let you Build something

[1:44:51] that is going to erode erosion sediment

[1:44:54] control is very important.

[1:44:56] They are going to track in dirt from somewhere,

[1:44:59] it is going to be probably the consistency of concrete,

[1:45:04] and poke a hole in it and try to plant a tree.

[1:45:07] It doesn't work.

[1:45:09] And I've got over 30 years in municipal government

[1:45:12] that I've inspected sites with this type of landscaping

[1:45:17] proposed.

[1:45:17] I can tell you that you have nothing that will hold

[1:45:21] their feet to the fire , then those poor people across

[1:45:27] the street are going to be looking at this building

[1:45:29] for the rest of their duration.

[1:45:31] Thank you very much.

[1:45:39] [Applause]

[1:45:43] >> Rebecca B from Stonewall followed by Tom.

[1:45:47] >> I am Rebecca Bronson.

[1:45:48] I live in the Stonewall District.

[1:45:50] First of all I thank you all for the opportunity

[1:45:52] to speak here tonight and to voice our concerns

[1:45:55] over this particular project.

[1:45:56] I would also like to thank all of our many citizens

[1:46:01] who are so eloquent and have come out

[1:46:04] and had so many helpful things.

[1:46:08] Concerns to express.

[1:46:09] We are standing at a precipice here.

[1:46:13] We might not be dealing with the Valley link issue, had

[1:46:19] Northern Virginia had the information

[1:46:20] that we are now privileged to get about data centers.

[1:46:27] Why do we want to continue down that path?

[1:46:32] I realize that we might just be tilting at windmills here

[1:46:37] because this project has been in development for a very long time

[1:46:43] period you have to follow the law.

[1:46:46] But we are standing at a precipice.

[1:46:49] For that reason I would like to ask you all

[1:46:52] to decline this petition.

[1:46:53] Thank you very much.

[1:46:55] >> Thank you.

[1:46:59] [Applause]

[1:47:02] >> Tom Soulsby followed by Mark Steffler.

[1:47:04] >> Good evening come Mr. Chairman and members

[1:47:06] of the Planning Commission.

[1:47:08] My name is Tom farms I live in Opequon district.

[1:47:14] I am recommending the denial for Winchester Gateway LLC.

[1:47:19] In reviewing the applicant's August 19th letter I believe it

[1:47:22] is a master class of needle misdirection.

[1:47:24] The development entire argument hinges on a threat

[1:47:27] that if you don't give them the CUP

[1:47:29] we are going to build massive beright industrial sites

[1:47:34] instead.

[1:47:35] Do not be bullied.

[1:47:36] Know by right warehouse demands the massive power

[1:47:39] infrastructure, environmental destruction or 24/7 noise

[1:47:42] pollution that a data center does.

[1:47:44] The truth is Winchester Gateway is racing against the clock.

[1:47:48] They know the local and state regulatory frameworks

[1:47:50] we have are desperately lagging behind the explosive growth

[1:47:53] of data center development they know our current ordinances are

[1:47:56] not yet robust enough to protect the citizens

[1:47:59] from the unique threats these facilities pose.

[1:48:02] If you look at tonight's agenda comment

[1:48:04] you are voting on an ordinance amendment amendment

[1:48:06] to remove data centers from the code entirely.

[1:48:09] The applicant is rushing the project forward

[1:48:11] to slip through the gate early before the county finishes

[1:48:14] updating the governance to protect its people.

[1:48:17] Let's address the specific hollow claims

[1:48:19] they tell immunity report promising vast tax revenue

[1:48:22] and good paying jobs.

[1:48:23] This is an industry wide illusion in data centers.

[1:48:26] They are doc, automated holes that

[1:48:28] employed a skeleton crew often brought in from out of town

[1:48:32] by currently depressing surrounding residential property

[1:48:35] values.

[1:48:35] Claims that the noise will be lower than ambient levels, which

[1:48:38] is a road.

[1:48:39] Persistent 24 over seven low frequency mechanical drone from

[1:48:43] cooling systems and 39 train car size generators cannot be

[1:48:48] compared to normal community noise.

[1:48:49] No rooftop buffers are going to silence that reality

[1:48:52] for the families that live 330ft away.

[1:48:56] They mock our intelligence by calling their cooling chemicals

[1:48:59] food grade substance found in lipstick.

[1:49:01] It doesn't matter if it belongs on lips.

[1:49:03] We are talking about massive commercial volumes sitting

[1:49:06] on sensitive cars -- karst land landscape.

[1:49:12] No amount of paint or a berm will protect our local water

[1:49:17] security of the 11 acres of wetlands getting destroyed.

[1:49:20] Finally, they brag the funding power upgrades were already

[1:49:23] planned along route 37 and they are going to fund them.

[1:49:27] What they hide is the sheer scale of infrastructure

[1:49:29] they are forcing into the county.

[1:49:31] They are hyper accelerating transmission line expansions

[1:49:34] while keeping the county legally blind to the actual power

[1:49:37] draw that will be required.

[1:49:38] This developer is trying to exploit a lagging

[1:49:42] regulatory framework.

[1:49:44] Just to get a permanent destructive foothold

[1:49:47] in the community.

[1:49:47] Do not let them protect our homes come a history and water.

[1:49:59] .

[1:50:00] >> Mark's followed by Penny Smith.

[1:50:01] >> Ladies and gentlemen come on I know you guys are underpaid

[1:50:04] and barely making money.

[1:50:05] You love this county and that is why you are here.

[1:50:07] And we entrust you with the outcome.

[1:50:09] So far you have done a great job for us.

[1:50:12] Thank you for that.

[1:50:14] The positives on this.

[1:50:16] Pretty small list.

[1:50:19] 8 million, they say, once it gets going.

[1:50:23] Against the $400 million budget.

[1:50:25] That is well under 2%.

[1:50:28] It is going to go down to 1% as the county grows.

[1:50:31] There will not be any more data centers after this one anyways.

[1:50:34] And if we can help it.

[1:50:36] If you have not approved it.

[1:50:38] But I trust you will not. $8 million is not worth it.

[1:50:44] There is nothing at the county for this.

[1:50:46] There was only destruction, death, and sinkholes.

[1:50:49] We actually asking for a favor not building

[1:50:52] this because these sinkholes will cave in.

[1:50:55] When it caves in it will be a disaster for the county.

[1:50:59] It will happen.

[1:51:01] No one wants it.

[1:51:03] They don't want it.

[1:51:04] No one wants it.

[1:51:05] It is going to happen.

[1:51:07] The other thing is, the sinkhole.

[1:51:10] The negatives are a long list.

[1:51:12] Most have been covered.

[1:51:13] I wanted to focus on one thing because we had an invocation

[1:51:16] tonight.

[1:51:17] Prayer.

[1:51:17] When God created this world, he said that he created man

[1:51:22] just a little bit below angels.

[1:51:24] What matters is people.

[1:51:27] They want money, they worship money, that is their idol.

[1:51:32] That is fine.

[1:51:35] We as a community have to care about people.

[1:51:38] Human beings I want to focus on just the noise.

[1:51:41] My wife and I lived in Ashburn and got

[1:51:44] surrounded by data centers.

[1:51:46] Our neighborhood comedy Regency, will become a data center.

[1:51:50] The one that will be left six years ago

[1:51:51] to come to this fantastic county that I love.

[1:51:53] I feel more at home in this county

[1:51:55] than I ever felt anywhere in my entire life.

[1:51:58] I love the county.

[1:52:00] I defend it and invest in it left and right.

[1:52:03] The noise is going to kill these people.

[1:52:06] There is not just the ones across the street.

[1:52:09] I took a field trip and went out to the property today

[1:52:12] and I talked to a couple of people.

[1:52:14] I made some measurements.

[1:52:15] Noise measurements.

[1:52:18] There is a warehouse just down the street.

[1:52:21] The noise measurements there at the warehouse

[1:52:23] were the same as in front of people's homes

[1:52:26] that are right on Apple Valley.

[1:52:31] I estimate there is another 300 homes within 2000ft

[1:52:35] of the border.

[1:52:37] They are saying 65dB.

[1:52:39] Db c, the low level, there is not enough time to educate you,

[1:52:48] but go Google it.

[1:52:50] These wavelengths come at these low frequencies travel

[1:52:53] much longer and the air doesn't absorb them.

[1:52:56] When they leave -- it is db A when it leaves but it could be

[1:53:02] 70 or 80 of db c.

[1:53:03] That is the one -- injuring people,

[1:53:07] causing them not to sleep, get sick, cardiovascular problems.

[1:53:10] Google it.

[1:53:11] Indazol here out in the open.

[1:53:12] Do your homework on that and care about the people.

[1:53:14] I think that you will.

[1:53:16] I appreciate you.

[1:53:22] >> Thank you.

[1:53:22] >> Penny Smith, followed by Gregory Hubert.

[1:53:26] >> Good evening, Miss Smith.

[1:53:30] >> Penny Smith, Opequon district.

[1:53:32] We are all aware that the two criteria must

[1:53:36] be met to do approval tonight.

[1:53:39] The county code, or the zoning, and

[1:53:43] does it measure up to the requirements for the land.

[1:53:47] I am just going to list off why it doesn't.

[1:53:52] The large sinkhole, the flowing stream,

[1:53:54] the wetlands point to karst land.

[1:54:00] The lack of certified karst attorney

[1:54:04] to evaluate the land per state code.

[1:54:07] There are ghosts here.

[1:54:09] The American Indians, our forebears that died there.

[1:54:13] That is extremely important.

[1:54:16] Throughout -- drought.

[1:54:21] It was disingenuous for the water board

[1:54:22] to say there was enough water and the next week say

[1:54:25] to conserve water we have been in a drought for three years.

[1:54:28] More than that come at the global warming prediction

[1:54:31] states it will get much worse here.

[1:54:35] I am sorry, farmers, who are advocating.

[1:54:38] You must think long term.

[1:54:41] Battery Park has severe risk.

[1:54:44] Fire and thermal, toxic emissions,

[1:54:48] explosions, grid security, I don't want to take my time.

[1:54:53] It is too close to residential .

[1:54:59] The presenter says Battery Park is insufficient for their energy

[1:55:03] needs.

[1:55:04] Would that need generators all the time?

[1:55:07] Gas generators?

[1:55:08] How would they make it up?

[1:55:10] And then I wrote a little skit.

[1:55:15] I call my person an inanimate object or data center.

[1:55:23] I o.

[1:55:25] The setting is extreme doubt.

[1:55:28] I say I o, we need water.

[1:55:31] It has not been for a long time.

[1:55:33] The contractual agreements come I got 35 gallons of water a day.

[1:55:38] But we are thirsty.

[1:55:39] We are living.

[1:55:40] We cannot live without water.

[1:55:42] I need to be cool.

[1:55:44] Your water company promised us water.

[1:55:46] But we are living.

[1:55:47] We need water.

[1:55:49] Your contract --.

[1:55:52] Contractual agreements I get 35,000 gallons.

[1:55:54] We are contaminated now.

[1:55:55] I thought your company said the effluent would be taken away.

[1:55:59] To where?

[1:56:00] There is nowhere to take it.

[1:56:02] But you said you took it somewhere else.

[1:56:04] You can take it somewhere if you can find a place.

[1:56:07] We are thirsty, contaminated, having no mercy.

[1:56:11] What is mercy?

[1:56:12] I see into the homes nearby.

[1:56:13] I hear a six year old cry out, mommy I cannot sleep here do

[1:56:18] so noisy and my head hurts.

[1:56:20] There is another child with an asthma attack.

[1:56:22] Asthma can be severe in young children.

[1:56:25] Mommy, I cannot breathe.

[1:56:27] I will get your inhaler.

[1:56:29] Get the oxygen. It's really bad tonight.

[1:56:33] Call 911, he is turning blue.

[1:56:35] These are the reasons.

[1:56:37] These are all related to this plot of land.

[1:56:42] It is an inappropriate build.

[1:56:45] Deny it.

[1:56:47] >> Thank you, Miss Smith.

[1:56:55] [Applause]

[1:56:55] >> Gregory Hubert followed by Peggy Reed.

[1:56:56] >> My name is Gregory Hubert.

[1:56:58] I am a business owner here in Winchester.

[1:57:00] I have two locations.

[1:57:02] The primary argument that I heard from the applicant's

[1:57:05] representative is that the M1 zoning

[1:57:07] has a right of construction period

[1:57:08] and that their proposed use is better than that

[1:57:11] of a proposed industrial use.

[1:57:13] I spoke they spoke of the studies

[1:57:16] that they have done for noise, viewsheds, wetlands.

[1:57:18] I didn't hear anything about what

[1:57:20] good comes with this giant 72 acre data center.

[1:57:24] Not counting the 60 foot height, including

[1:57:28] the machinery on top, 42 class four diesel generators,

[1:57:32] that as stated previously, are the size of locomotives.

[1:57:35] Just in testing come on monthly they will burn 85,000 gallons

[1:57:39] of diesel fuel over two years.

[1:57:41] 72 acres of core battlefield land

[1:57:45] can turn into a giant electromagnetic eyesore

[1:57:48] and it is not something Frederick County needs.

[1:57:51] Walmart Supercenter uses about 5,000,000W yearly.

[1:57:53] 2 to 300 homes.

[1:57:55] This place is going to use about 80 million.

[1:57:59] That is 60,000 homes worth of power.

[1:58:01] The proposal says they will use 35,000 gallons of water a day

[1:58:05] equal that to 175 homes daily.

[1:58:08] The power and water bills of my two shops

[1:58:10] and that of my 20 employees has increased on average

[1:58:13] 21% up to 23% since 2022.

[1:58:17] Aren't we already in a fight against a high voltage

[1:58:20] passageway they are trying to take through the northern part

[1:58:22] of the county.

[1:58:23] I think we have joined a large suit against that.

[1:58:26] The city of Winchester has.

[1:58:28] What is the point of allowing something

[1:58:30] of this size to grow in the south part of the county.

[1:58:34] I would request that you vote no.

[1:58:39] Thank you for your time.

[1:58:40] >> Thank you.

[1:58:41] Peggy Reed come on followed by Tom Ruth.

[1:58:50] >> I am Peggy Reed and I am resident in Back Creek.

[1:58:53] Also one of the communities closest to where the data

[1:58:56] center might be built. We are hearing everybody

[1:58:59] speak about all of the concerns and the fears

[1:59:02] about the resources and the environment

[1:59:06] here in beautiful Frederick County.

[1:59:09] I haven't heard anybody say this tonight's come up but I think we

[1:59:14] all also say come out we don't want to be Loudoun County.

[1:59:18] I come originally from New York City.

[1:59:22] I like to also share other things that I

[1:59:26] don't think we want to be.

[1:59:28] Nobody is really talking about the fact

[1:59:30] that we already are an M1 light industrial zoned area.

[1:59:37] We don't want to be where there are abandoned warehouses

[1:59:44] like I saw in New York City.

[1:59:46] And we don't want to be where I lived for 18 years

[1:59:50] in Connecticut, in a small town where factories closed,

[1:59:55] and the young people moved away, and the older people could not

[2:00:01] afford higher taxes.

[2:00:02] Schools were underfunded.

[2:00:06] Property values were impacted .

[2:00:12] What was the bailout for that community?

[2:00:15] You don't want to have that here.

[2:00:17] It was an Amazon distribution center.

[2:00:20] While I lived in Connecticut, I worked at a data center.

[2:00:28] One that I think all of you would have

[2:00:30] actually said you would be proud to support.

[2:00:35] We supported the design and build of the nation's submarines

[2:00:40] and tanks.

[2:00:41] We did it in North Connecticut with no negative impact

[2:00:44] to the environment.

[2:00:46] The company coexisted.

[2:00:49] In 2004, I had the blessed opportunity

[2:00:54] to move to this beautiful community.

[2:00:59] I worked for a company whose main job is to find and provide

[2:01:06] health care across states and federal government guess what?

[2:01:13] That company in Ruston has its own data center

[2:01:17] right on premises.

[2:01:18] Whether we are talking about one data center here

[2:01:24] that might support many companies,

[2:01:28] or many companies who might move into this area

[2:01:34] with their own data centers, we are talking about real resource

[2:01:41] requirements.

[2:01:43] Your job is very complex.

[2:01:48] Your job should be devoid of any political fallout.

[2:01:53] You need to tell us if this county has the resources that we

[2:01:58] need to support industry.

[2:02:01] Any industry because whether it is a data

[2:02:04] center or any other one, they are going to use water,

[2:02:08] they are going to use electricity,

[2:02:10] and if they are multiple companies you have a data center

[2:02:14] type things, it is going to fall under the radar and the resource

[2:02:18] use is probably going to be worse.

[2:02:20] Thank you.

[2:02:28] >> Tom Ruth followed by Elizabeth Taylor.

[2:02:30] >> Good evening.

[2:02:31] My name is Tom Ruth.

[2:02:32] I am the Back Creek District resident.

[2:02:35] I live in Kernstown and I'm on the board

[2:02:37] member of the Kernstown Battlefield Association.

[2:02:39] I appreciate very much the work that you people do.

[2:02:43] I reluctantly recognize the need for data centers.

[2:02:47] However I strongly believe that they do not believe in --

[2:02:51] belong in residential areas or certain historic Viewsheds.

[2:02:54] Rather they should be located in Brownfield or industrial sites.

[2:02:58] Very disturbing was the information on April 12th 2024

[2:03:03] when Winchester start an article with Frederick supervisors

[2:03:07] approved more light industrial development near Kernstown.

[2:03:10] In the article it reads, in a vacant 72 acre property,

[2:03:14] 37 acres were already zoned M1.

[2:03:18] The developer, which is Winchester Gateway,

[2:03:21] wants to change the remaining 34 acres from rural to M1.

[2:03:27] Notice importantly to many of us here,

[2:03:31] the same article reads, according to the county

[2:03:33] documents, the 34 acres had remained rural

[2:03:37] while the other 37 acres were rezoned

[2:03:40] M1 to serve as a buffer between existing residential uses

[2:03:45] and the Kernstown battlefield to the east.

[2:03:49] It appears before being rezoned in April 2024,

[2:03:55] the county recognized the need for this rural buffer area.

[2:03:59] It was not until Winchester Gateway instigation

[2:04:02] of the zoning changed that was changed from rural to M1.

[2:04:07] The same article reads the zoning

[2:04:10] was approved despite uncertainty about how the property would

[2:04:13] be developed.

[2:04:14] It is certainly reasonable to believe that in April 2024,

[2:04:18] Winchester Gateway knew the end use would be a data center.

[2:04:21] I have a copy of the article if you would like to have it.

[2:04:24] I respectfully ask for the denial of this CUP.

[2:04:31] Thank you.

[2:04:33] >> Elizabeth Taylor followed by David Dixon.

[2:04:37] >> Elizabeth Aylor back Creek.

[2:04:39] I'm going to speak to you in my expertise, which

[2:04:41] is as a mother and a pollinator, garden and neighbor

[2:04:46] of this beautiful community.

[2:04:48] My children lay their heads right across the street

[2:04:50] from this data center.

[2:04:51] They go to school right down the street from this data center.

[2:04:55] They play football and baseball right

[2:04:57] across the street from this data center.

[2:04:59] Every single angle affects my children and their health.

[2:05:02] It affects my animals.

[2:05:04] It affects our pollinators.

[2:05:05] It affects our history it affects our culture.

[2:05:08] I speak as a mother that has worked her whole life

[2:05:12] through to the bone, blood, sweat and tears

[2:05:16] to get where I am at in my life.

[2:05:18] In middle age, finally getting stability and a lifetime,

[2:05:22] decades of having to struggle economically,

[2:05:25] education, moving around, housing crisis

[2:05:28] peer crisis after crisis.

[2:05:31] Every time I turn around, it is somebody trying to take from us.

[2:05:34] Somebody trying to come into our rural lands,

[2:05:37] disrupt our way of life and affect my private property.

[2:05:42] My privacy.

[2:05:43] I have friends across the street from this data center.

[2:05:46] Victory church feeds people.

[2:05:48] They have developed a sports program program for kids.

[2:05:50] They are some of the best people and they

[2:05:52] have to function with all of their beautiful community

[2:05:54] looking at the data center humming their lives away.

[2:05:57] Reports are coming out across the country

[2:05:59] that kids are getting brain cancer.

[2:06:01] Elementary schools are next to the low frequencies

[2:06:04] that Mark and other people have talked about.

[2:06:06] Seeds are not germinating.

[2:06:07] Water resources, these are my people and no offense

[2:06:16] you are coming in to develop my land and selling it to who?

[2:06:20] Somebody that can bomb us.

[2:06:21] What is going to be going through the data center.

[2:06:24] This is my life.

[2:06:26] I am a Virginian through and through

[2:06:28] and I ask you all to have common sense

[2:06:30] as we continue to plan and develop our strategies in order

[2:06:33] to weave in good partnerships.

[2:06:35] They spoke about putting a prison in.

[2:06:39] Threatening us with a prison or putting in manufacturing.

[2:06:44] Or putting in a data center.

[2:06:45] There are infinite ways we can develop this

[2:06:48] if we work together, Darius.

[2:06:50] We can sit here and build a community that

[2:06:54] is extraordinary we can weave things like Lesley's plans

[2:06:57] with incredible new business models.

[2:06:59] We can create partnerships that have

[2:07:01] longevity and sustainability, that could go for decades.

[2:07:04] Why don't we do creative things.

[2:07:06] We can make this extraordinary, if we think thoroughly

[2:07:10] and infinitely in the possibilities

[2:07:12] of how we want to explore all of these beautiful things.

[2:07:15] I beg of you, have mercy on me.

[2:07:17] I am just a poor woman that just wants to raise her children

[2:07:20] and sit in the back yard and look at the fireflies

[2:07:23] and look at the stars.

[2:07:24] Please protect me because I need protection

[2:07:26] and I need you all to stand up for us.

[2:07:29] Thank you.

[2:07:35] [Applause]

[2:07:39] >> David Dixon followed by Courtney Anderson.

[2:07:43] >> David Dixon, Stonewall district.

[2:07:45] These engineers can correct me if I'm wrong.

[2:07:47] Last I checked, the entire s vac region load is 275MW.

[2:07:53] This one data center is 160 Mega Center.

[2:07:58] If I am correct.

[2:08:00] The message is clear and simple.

[2:08:02] Data centers have no place in Frederick County.

[2:08:06] Our beautiful county is known for rich agriculture,

[2:08:09] sprawling land, tourism, and the beloved Apple Blossom Festival.

[2:08:14] Just to name a few things, you cannot and will not put a price

[2:08:19] tag against our resolve that our precious resources come

[2:08:24] specifically water, electricity, and land belong solely

[2:08:28] to the county and the residents here.

[2:08:31] As to the noise ordinance proposal,

[2:08:34] this county has long supported a culture

[2:08:38] of raising farm animals and fowl,

[2:08:40] and it should be a continued welcome way of life.

[2:08:44] This culture is a God given right.

[2:08:45] Any restrictions on that will ruin

[2:08:48] the livelihoods of many residents of the Stonewall

[2:08:51] district, near the Quarry, deserve

[2:08:53] to be prioritized for adequate buffer zones,

[2:08:55] since we are talking about buffer zones.

[2:08:57] To protect their land and livelihood.

[2:09:00] Clark County has been statistically

[2:09:03] fighting the installation of power lines

[2:09:05] through privately owned land.

[2:09:06] I move that Frederick and Clark counties join in the united

[2:09:11] front to forward off the threats to the treasured neighboring

[2:09:15] communities.

[2:09:15] Together we will be stronger and it needs to start now.

[2:09:18] We need your leadership.

[2:09:25] [Applause]

[2:09:26] >> Mr. Anderson followed by Erin Fox.

[2:09:31] >> My name is Charlene Anderson from the Shawnee District.

[2:09:35] I currently reside in the Shawnee District,

[2:09:38] but I was born, raised, and lived in Back Creek,

[2:09:42] specifically along middle road.

[2:09:44] I cannot say any more than what the rest of the people have

[2:09:47] said.

[2:09:47] That is a beautiful area.

[2:09:49] A rural area.

[2:09:51] Has -- historic area.

[2:09:53] A data center does not need to be built near subdivisions

[2:09:57] and houses in the rural community

[2:09:59] please find somewhere else to put it or deny it altogether.

[2:10:05] Keep our country and our county beautiful in this spot.

[2:10:10] Thank you.

[2:10:11] >> Thank you.

[2:10:14] >> Aaron Fox followed by Kurt Krieger.

[2:10:19] >> You've got to love public speaking.

[2:10:21] Aaron Fox come on back Creek District.

[2:10:23] I live on ten acres on Apple Valley Road

[2:10:25] where the Winchester Gateway project is proposed.

[2:10:27] My kids are actually the fourth generation to live there.

[2:10:30] Thank you all for carefully considering us,

[2:10:33] for those of us with homes nearby.

[2:10:35] I don't think that this project is

[2:10:36] appropriate for several reasons.

[2:10:38] The energy demands come at they conflict with the Comp plan,

[2:10:41] air quality concerns.

[2:10:42] The height of the buildings and the history.

[2:10:44] First, we, and you are not allowed

[2:10:47] to know how much power the data center needs

[2:10:49] or what it will take to take that much power to the site.

[2:10:51] Will it be new lines come a larger

[2:10:53] lines come more substations.

[2:10:54] None of us can know.

[2:10:56] What we do know is that our grid is in crisis.

[2:10:58] We are already having to fight the large inclines that are not

[2:11:02] intended to power our county.

[2:11:04] This is all happening because of irresponsible local approvals

[2:11:07] and poor planning and Northern Virginia.

[2:11:09] Nobody should have to or be able to put such a heavy burden

[2:11:12] on our neighbors like we are experiencing because

[2:11:14] of a conflict with the Comp plan,

[2:11:16] it is true that this area is marked for industrial use.

[2:11:18] It does align Therapeuic the Comp plan is so much

[2:11:21] more than the land use maps.

[2:11:23] Describes how we see the future of our county.

[2:11:24] It is a reminder of what matters to us.

[2:11:26] It keeps us responsible and true to our principles once we grow.

[2:11:30] Holds us accountable, but only if we

[2:11:32] let it begin the Business Development section the Comp

[2:11:35] plan reminds us that the county should be proactive in ensuring

[2:11:39] the resources necessary for business development

[2:11:41] or planned for in a viable way if you could ask us to remember

[2:11:44] that there is a finite capacity to the resources that must be

[2:11:47] managed accordingly it also nudges us back

[2:11:50] on the right path when we are distracted

[2:11:51] by tax revenue and less traffic, by clearly stating,

[2:11:55] overall a sound office and industrial business development

[2:11:58] strategy will result in the conservation

[2:11:59] of a variety of finite resources,

[2:12:02] and promote a high quality of life for citizens.

[2:12:04] Three times it mentions these standards.

[2:12:07] They matter to us.

[2:12:08] The power demands alone and is in stark contrast

[2:12:12] poor to the current area plan it mentions

[2:12:14] twice the focus of the area is specific for employment

[2:12:16] opportunities.

[2:12:17] If we are going to industrialize prime farmland,

[2:12:19] push up against residential areas, and use this power,

[2:12:23] it should provide plenty of local high wage jobs for guys

[2:12:25] for the height of the buildings, 60ft with rooftop equipment that

[2:12:29] could add additional ten feet it is too tall with our houses

[2:12:32] across the street.

[2:12:33] It will affect the historic experience.

[2:12:35] As for air quality, two members of my extended family on Apple

[2:12:39] Valley have respiratory issues.

[2:12:41] One is on oxygen. A recent study found one of these

[2:12:45] that these generators threaten local air quality.

[2:12:48] I heard they are no worse than the tractor trailers that pass

[2:12:51] by daily but why pilot on us.

[2:12:52] We have already taken one for the team with route 37

[2:12:55] right there.

[2:12:55] The phase one archeological study

[2:12:57] found two spots on their property near the spring.

[2:12:59] One where the potential for encountering intact features

[2:13:02] is high and the other where they found Native American tools

[2:13:05] and ceramics dating back to before Europeans arrived.

[2:13:08] A second study was recommended to establish National Register

[2:13:12] eligibility, but has not been conducted.

[2:13:14] I ask you to please deny your recommendation.

[2:13:18] Thank you.

[2:13:23] [Applause]

[2:13:26] >> Kurt Krieger followed by Katherine Compton.

[2:13:28] >> Good evening, members Kurt Krieger, Beck Creek district.

[2:13:32] I would like to recognize that I attended the HRAB meeting

[2:13:39] on April 17th where this was unanimously recommended,

[2:13:43] that it be unanimously denied.

[2:13:45] And then I attended the first of the Apple Valley Elementary

[2:13:48] School open houses on May 11th.

[2:13:51] I have taken the time to understand, I think.

[2:13:56] I read the entire 300 page package.

[2:14:01] I find three strikes on this.

[2:14:05] Together I recommend, strongly recommend

[2:14:09] that you deny this conditional use permit.

[2:14:12] First really turns on the 2023 result imbedded in the 2023

[2:14:18] rezone is the level one archeological survey,

[2:14:21] which concluded on page 45 and 46

[2:14:23] that level two reconnaissance be conducted

[2:14:30] sufficient to establish National Register eligibility.

[2:14:35] Why wouldn't the owner want more information about this site.

[2:14:39] They are hiding that information.

[2:14:41] They went to the HRAB and they were

[2:14:46] asked for something that was called for three years earlier.

[2:14:48] It is still not here today.

[2:14:50] You are being deceived.

[2:14:51] You are only getting partial Information about this site.

[2:14:55] The other deception, strike two, is

[2:14:59] that you have gotten some fairly generic graphic portraits

[2:15:06] of what that would look like.

[2:15:09] It happens in summer to.

[2:15:10] Do you notice that there are no leaves on the trees for more

[2:15:14] than half the year.

[2:15:15] Pritchard Hill is looking at a bank of trees featured in July.

[2:15:20] That is in full season.

[2:15:22] It is basically a trick to show you

[2:15:24] this will blend into the landscape.

[2:15:26] The staff and the HRAB both attempted

[2:15:32] to mitigate this with a 45 inch height which is indifferent.

[2:15:36] Not only is the property owner or developer

[2:15:39] indifferent to the historic value of the property,

[2:15:41] they are indifferent to the overall final appearance

[2:15:43] of the property.

[2:15:45] Third, the more critical, is public health, safety,

[2:15:50] and welfare.

[2:15:51] The other matters are concerned.

[2:15:52] They are not Disqualifiers.

[2:15:54] Public health, safety and welfare.

[2:15:56] The ambient noise and the particulate air pollution

[2:15:59] are clearly inconsistent with your standards

[2:16:04] and cause enough for this to be denied.

[2:16:07] I would not note that there is no safe level

[2:16:12] of particulate emissions from these generators

[2:16:14] and that DEQ, especially with regard to the Vantage Data

[2:16:19] Center in Sterling has proven itself not only

[2:16:22] to be incompetent with regard to public health,

[2:16:24] but really indifferent.

[2:16:26] Don't rely on the state to be enforcing a standard.

[2:16:30] It is up to you to deny this project.

[2:16:32] Thank you.

[2:16:39] [Applause]

[2:16:42] >> Compton followed by Theresa.

[2:16:48] >> My name is Katherine Compton.

[2:16:50] I live at the village for Harvest Ridge.

[2:16:52] It is between Middle Road and Cedar Creek grade.

[2:16:56] It was built on a wetland.

[2:16:59] It is only roughly a mile from where

[2:17:03] this data center is going in.

[2:17:06] Nearly all of us that live on Mikey Court

[2:17:10] deal with groundwater coming up in our crawl spaces.

[2:17:14] We have to have dehumidifiers.

[2:17:15] We have to have sump pumps.

[2:17:20] The neighbor who lives just one development over,

[2:17:24] all of those Fellows over there are on well water.

[2:17:29] I decided, since data centers are basically

[2:17:37] built to support artificial intelligence,

[2:17:39] that I should ask artificial intelligence whether we

[2:17:43] should have data centers.

[2:17:47] Data centers should never be located on karst terrain.

[2:17:55] That is what artificial intelligence says.

[2:17:58] It says that locating a data center on karst terrain

[2:18:05] well severe environmental risks related

[2:18:09] to groundwater contamination, sinkhole activation

[2:18:11] and complex underground drainage.

[2:18:14] Rapid groundwater contamination.

[2:18:18] Karst topography features sinkholes, fractures

[2:18:22] and underground channels that connect the land surface

[2:18:25] directly to the water table.

[2:18:27] Fuel leaks from diesel backup generators

[2:18:31] are chemical spills from cooling systems

[2:18:35] and can enter the drinking water aquifers almost instantly

[2:18:39] without natural soil filtration.

[2:18:43] Wastewater issues .

[2:18:47] Flushing or discharging treated or cooled water,

[2:18:50] or construction wastewater can introduce unexpected bacteria,

[2:18:56] or chemical additives directly into delicate subterranean

[2:19:01] ecosystems.

[2:19:02] Sinkhole formation and subsidence.

[2:19:06] Paving large areas and concentrating stormwater runoff

[2:19:12] into retention basins or drainage wells

[2:19:16] accelerates the natural dissolution

[2:19:19] of underlying limestone.

[2:19:21] Infiltrating water erodes the surface sediments down

[2:19:31] into bedrock voids come out triggering sudden ground

[2:19:36] collapse, or sinkholes underneath

[2:19:39] heavy industrial infrastructure, which is what a data center is.

[2:19:45] Fluctuations in local water tables

[2:19:48] caused by heavy double heavy pumping or shifting

[2:19:53] drainage patterns can destabilize the regular bedrock

[2:19:59] soil property.

[2:20:00] Unpredictable subsurface flow.

[2:20:04] Underground rivers.

[2:20:06] Water runs through karst conduits meaning pollutants can

[2:20:17] travel massive distances in a very short time period I would

[2:20:20] ask that --

[2:20:23] one of the other people here said

[2:20:26] you should have a geologist decide whether or not

[2:20:29] this thing should be built brick I don't think that has happened.

[2:20:33] I think it is absolutely crazy if you do it.

[2:20:41] [Applause]

[2:20:44] >> Teresa followed by Cynthia.

[2:20:48] >> I am from Back Creek.

[2:20:49] My name is Teresa Ostertag.

[2:20:51] Gateway is over 600 zero square feet with 42 generators

[2:20:57] on the original proffer.

[2:20:59] It said phase one.

[2:21:00] I will say come on Mr. Lawson seemed quite bold

[2:21:03] hinting at intimidation with what could be built

[2:21:06] and not even adjusting the 60 foot height

[2:21:09] without the chillers on top.

[2:21:11] You had asked for 40ft in height or to bury it.

[2:21:14] They offered nothing.

[2:21:15] Gateway is a problem.

[2:21:17] It is a problem to me in many ways.

[2:21:21] My mom is a heart patient.

[2:21:23] She is on oxygen. This would not be good for her health,

[2:21:29] but it is not just my mom.

[2:21:32] There are three senior subdivisions right

[2:21:34] across the street which have lots of heart patients.

[2:21:37] People on oxygen. People with fragile health.

[2:21:40] They matter.

[2:21:41] They may not be able to be here today, but they all matter.

[2:21:46] Sometimes they get lost in the shuffle of the busy day to day.

[2:21:50] Our lives are stressed to the max.

[2:21:52] I can hardly sleep thinking about this.

[2:21:56] The great -- grid is so bad right now.

[2:22:01] There are 381 data centers running in Virginia right now.

[2:22:04] There are 438 more that are not hooked into the grid.

[2:22:07] Let's talk about what could change in a month.

[2:22:10] Our governor could say, and mandate

[2:22:12] that they can have on site power generation because

[2:22:15] of grid issues.

[2:22:16] What does that do?

[2:22:18] It could allow gateway to have on site power generation, which

[2:22:22] would create more noise, air pollution, breathing disorders,

[2:22:25] and if you did not know, power generation also

[2:22:28] uses a lot of water.

[2:22:30] The people that vote these in do not

[2:22:32] care if there is clean water or air.

[2:22:37] People, speaking of on site power generation,

[2:22:41] Elon Musk two hyperscale data centers, colossus one and two

[2:22:46] outside of Memphis use gas turbines.

[2:22:48] The neighbors are allegedly sick and dying of asthma, bronchitis,

[2:22:52] COPD, pneumonia, and cancer.

[2:22:56] These are not things that can happen these

[2:23:00] are things that can happen.

[2:23:02] The internet has been cleaned up since a lot of this information

[2:23:05] came out.

[2:23:06] You try putting 40 gas turbines --

[2:23:09] I'm not saying they have 40 gas turbines but you get the idea.

[2:23:13] It is leaving fine particulate matter

[2:23:15] and you tell me that is good for your lungs or your projected

[2:23:18] lifespan.

[2:23:25] Do not fear a lawsuit.

[2:23:28] They didn't even attempt to change the height

[2:23:32] quite bold today.

[2:23:33] That is all that I have to say.

[2:23:35] But I thank you for listening because there

[2:23:38] are some great people here that I have spoke before me that

[2:23:41] are not as nervous as I am.

[2:23:42] I know that a lot of you take this very seriously.

[2:23:44] And I also know that you can say no

[2:23:47] and it will still go to the board.

[2:23:49] That is for everybody behind me to know.

[2:23:51] You can say no and they can still say yes.

[2:23:55] Thank you.

[2:24:01] [Applause]

[2:24:02] >> Cynthia Miller and that is the last person you currently

[2:24:04] have signed up come up Mr. Chairman.

[2:24:08] >> Thank you.

[2:24:09] Miss Miller.

[2:24:18] Chairman Stowe: Would any of the ones with written comments

[2:24:21] have anything additional they would like to share.

[2:24:23] This would be the time.

[2:24:28] Are you Miss Miller?

[2:24:31] >> My name is Charles but I am from the Gainsboro district.

[2:24:34] Thank you very much to all of you here tonight.

[2:24:40] We appreciate everything you are doing.

[2:24:42] I know you are not just here for the paycheck.

[2:24:46] One thing that I wanted to add that I have not heard tonight.

[2:24:50] I have heard a lot but I have not heard this.

[2:24:52] 29 years ago was the first data center built in Loudoun County.

[2:24:59] Today there are over close to 250 data centers

[2:25:04] just in Loudoun County.

[2:25:07] In 29 years, almost 250 data centers

[2:25:12] appear please do not do that to Frederick County.

[2:25:15] Do not set a precedent for Frederick County

[2:25:19] and destroy our county.

[2:25:21] Turn it down.

[2:25:28] Chairman Stowe: Thank you.

[2:25:30] >> My name is Alexander Ritter.

[2:25:32] I reside in the Opequon district.

[2:25:37] The CUP allows a zone ordinance not by right but certain --

[2:25:43] only if certain conditions are met.

[2:25:45] Unlike other states, Virginia considers conditional use

[2:25:48] permits to be legislative which brings broad discretion

[2:25:51] to reasonably deny.

[2:25:52] When you consider the application,

[2:25:54] I ask you to consider that the burden of proof

[2:25:57] is on the applicant to prove that your decision would

[2:25:59] be clearly unreasonable, arbitrary or capricious.

[2:26:03] That it bears no reasonable relation

[2:26:05] to the public health, safety, morals, or general welfare.

[2:26:10] Allow me to ask you this if this were a project that

[2:26:14] requires such strict conditions to avoid

[2:26:16] any potential impacts, is it that unreasonable to deny

[2:26:19] considering the planning staff have raised concerns

[2:26:21] about the uncertainty regarding the project,

[2:26:24] and the risks it could pose, is it worth it?

[2:26:27] As Kurt mentioned, you are being deceived.

[2:26:30] This project is a half big scheme from someone

[2:26:34] who is not a data center developer looking to profit

[2:26:36] from data center development.

[2:26:38] I have met him.

[2:26:39] What does he do?

[2:26:40] He is a banker and a land speculator.

[2:26:42] He is also unsuccessfully tried to take over mobile homes

[2:26:46] and evict them.

[2:26:47] He has built townhomes.

[2:26:49] I spoke with him at the open house

[2:26:51] and he could not answer a single question

[2:26:53] without referring to someone else.

[2:26:55] He had no idea.

[2:26:57] What data centers have they built?

[2:26:59] What projects have been built that demonstrated

[2:27:01] such good quality of the design?

[2:27:03] His track record shows a lack of transparency and ruthlessness

[2:27:07] towards others operating under the name Crescent Mobile

[2:27:11] Partners, he purchased a mobile home park,

[2:27:13] his goal was obviously to get rid of the park,

[2:27:16] even though residents had been there

[2:27:18] for years when he bought it, he refused

[2:27:20] to say whether he was going to sell or not.

[2:27:23] He sent the residents a letter saying

[2:27:25] the homes they own would be safe for at least

[2:27:28] another year after the sale closes.

[2:27:30] Were they?

[2:27:31] He did not even get the residents

[2:27:33] a means to contact him about updates about what is going on.

[2:27:37] The email address he provided so that residents could receive

[2:27:40] emails come up with future updates

[2:27:42] come up was not a working email address

[2:27:44] and that was corroborated by The Loudoun Times-mirror.

[2:27:47] Luckily those residents fought with unwavering strength

[2:27:51] and he backed out.

[2:27:53] Let me ask you, do we want someone

[2:27:56] like him developing in our county whose

[2:27:58] lack of trustworthiness calls those residents with nowhere

[2:28:02] else to go suffering.

[2:28:04] Are all of those conditions in the proffers

[2:28:06] are all of those things that developers

[2:28:09] promise going to be adhered to are they stated

[2:28:11] as shall and not may.

[2:28:13] Or any of the requirements going to be addressed in the proffers?

[2:28:16] Or is it that we will address it in the site plan.

[2:28:18] If it is addressed in the site plan,

[2:28:20] you may want to reconsider.

[2:28:22] With all of that said, I want to point out that regardless of

[2:28:25] whether or not it was zoned M1 years ago,

[2:28:28] data centers as they currently are were not a contemplated use.

[2:28:32] The is something the county grants.

[2:28:38] They have no right but to adhere to our values.

[2:28:46] >> I am Becky Rieger Gainsboro district.

[2:28:48] I think sitting here I was not going to comment tonight,

[2:28:51] but I felt like I wanted to know why

[2:28:54] we are allowing outside development companies to come

[2:28:56] and talk to us like this.

[2:28:58] To talk down to us, as if we should be grateful for a living

[2:29:02] wall or a higher berm because if you guys don't understand we

[2:29:06] are what a conditional use permit is.

[2:29:08] I recently intended the invite only Equus meeting held

[2:29:11] at the Clearbrook Fire Center.

[2:29:13] It was outside.

[2:29:14] I was not lucky enough to be one of the select few

[2:29:17] to get the invite.

[2:29:18] Like this company, Equus has also never built a data center

[2:29:22] before the only difference is these guys

[2:29:24] are from Virginia and Equus is from Pennsylvania

[2:29:27] and they gave us cookies.

[2:29:30] I heard the same argument tonight that I heard on August

[2:29:33] 25th.

[2:29:33] Which is come if we reject this proposal the land will

[2:29:37] be developed with a far less desirable project or perhaps

[2:29:39] a lawsuit.

[2:29:40] Either way, this is a tactic that residents

[2:29:42] have heard before.

[2:29:44] It is one that attempts to make our planning commissioners come

[2:29:46] a supervisors, and others feel like we do not

[2:29:49] have any choice here.

[2:29:50] Yield to an unwanted development out

[2:29:53] of fear of a hypothetical alternative or lawsuit

[2:29:55] undermines our community's involvement

[2:29:57] and deprives residents of a say in how our county grows.

[2:30:00] I am just here to ask you to please

[2:30:02] listen to your constituents.

[2:30:04] Do not bow to outside Development forces.

[2:30:05] Let them threaten you guys.

[2:30:07] But do what is right for our community and future.

[2:30:11] Thank you.

[2:30:17] [Applause]

[2:30:21] >> Hello.

[2:30:21] My name is Jack Tinsley and I'm from the Gainsboro district.

[2:30:26] I've got to tell you Chairman Stoke I'm originally

[2:30:31] I was trying to stand up to tell you all how grateful I

[2:30:34] am that you listen to us and have

[2:30:37] back and forth conversation.

[2:30:38] You share your opinions, unlike the board.

[2:30:41] That is what I meant to say earlier.

[2:30:43] I'm not going to take it personally.

[2:30:45] I know you didn't mean it like that.

[2:30:49] First off thank you.

[2:30:51] The Planning Commission has not been shy about sharing

[2:30:53] individual opinions about data centers, etc..

[2:30:56] Voting unanimously against recommending Equus

[2:30:59] gave many of us hope and breathe a sigh of relief.

[2:31:02] That was really good.

[2:31:02] I'm going to ask you again to recommend a denial for this data

[2:31:06] center.

[2:31:07] In June of 2025, the commission sent gateway application

[2:31:12] for various reasons.

[2:31:14] You had good concerns.

[2:31:15] I'm just hoping that you all really look

[2:31:17] to make sure that they are addressing those concerns.

[2:31:21] Which after listening, I do not think that they have.

[2:31:25] Obviously I think it is kind of cringey to be showing

[2:31:27] up over and over again, asking for access here

[2:31:30] please let us come hang out at your backyard.

[2:31:32] We do not want them here.

[2:31:34] Nobody back here wants them here.

[2:31:37] No offense.

[2:31:38] We don't want the data centers.

[2:31:40] That is really what it comes down to

[2:31:42] at the end of all of this.

[2:31:44] Something else come up with my one minute and 30 left,

[2:31:48] there has been a lot of climate related disaster.

[2:31:52] I think we just lived through four heat domes in the area

[2:31:56] up here plus all of the droughts.

[2:31:57] Everyone has spoke on that.

[2:31:59] Did you guys see the glacier that fell off and caused

[2:32:02] the huge flood.

[2:32:03] And then the one in the Grand Canyon.

[2:32:05] And then the one in Indiana, where Gary

[2:32:08] was without power for 14 days.

[2:32:10] I don't know if you saw all of that.

[2:32:12] We have climate devastation happening.

[2:32:15] Data centers use 25% of Virginia's energy.

[2:32:18] Which is also related to gas use which

[2:32:22] increases climate disaster.

[2:32:24] You don't really have to listen to me.

[2:32:27] Please listen to what everybody else said.

[2:32:29] Lizzie had a really strong argument

[2:32:31] that I think hit me in my soul.

[2:32:33] Hopefully that will touch you all.

[2:32:36] There is something bigger about a CUP

[2:32:43] that I wanted the record here tonight

[2:32:45] we are going to talk about it as property is offering to be used

[2:32:48] but you are going to be recommending

[2:32:49] the approval or denial of a building, not a tenant.

[2:32:52] That is really important because we don't know necessarily

[2:32:55] who is leasing it, what will run inside

[2:32:57] of it, who the customer will be, what they

[2:32:59] will do with the data center.

[2:33:00] Once it is built, it is not coming back to the public.

[2:33:03] We don't get to talk to them about how they use what is

[2:33:06] happening in the data center.

[2:33:08] Not to this commission, not the Board of supervisors,

[2:33:10] and nobody else in this room.

[2:33:13] It is not a little thing to hand over to a data center company

[2:33:18] which harvests all of our data where we travel, etc..

[2:33:22] I'm going to respect the clock.

[2:33:24] Please vote no.

[2:33:25] I do not recommend approval of this.

[2:33:29] Thank you.

[2:33:36] [Applause]

[2:33:36] >> Good evening Commission members and Mr.

[2:33:38] Chairman my name is Brian and I'm a resident of the Opequon

[2:33:41] district.

[2:33:42] I am a positive person and I've heard

[2:33:44] a lot of people saying no tonight

[2:33:45] and I'm kind of getting tired of it

[2:33:47] I want to turn the page a little bit because let's say yes come

[2:33:50] on but in order to do that, we have to turn the clock back

[2:33:54] to 2019.

[2:33:55] The Board of Supervisors had a proposal for the Blackburn farm

[2:33:59] property.

[2:34:00] Ironically enough come at that exact same spot,

[2:34:03] to put up workforce housing about 200 units of income

[2:34:08] control from 35 to $49,000 income.

[2:34:12] Small starter family homes.

[2:34:15] The Board of Supervisors refused to change the zoning,

[2:34:20] in order to maintain industrial.

[2:34:21] One of the arguments was, people drive in and out

[2:34:24] all of the time.

[2:34:25] What do you think an industrial zone will do?

[2:34:30] After we have denied the CUP let's

[2:34:35] talk about rezoning the area.

[2:34:38] I know that I would rather see 200 homes.

[2:34:40] 200 people building equity.

[2:34:42] 200 people having the dignity to have their own space,

[2:34:46] than 14 people working in a 100,000 square foot data center.

[2:34:52] Let's start looking ahead and say yes

[2:34:54] to better housing in Frederick County.

[2:34:56] Thank you.

[2:35:02] [Applause]

[2:35:06] >> Good evening, I am Steve, Beck Creek district.

[2:35:08] I did not prepare any remarks.

[2:35:10] I am actually happy to yield the remainder of my time

[2:35:13] to any of you guys to answer any of the questions

[2:35:16] or concerns that were brought up tonight

[2:35:18] because we spent about 15 or 20 minutes talking about berms

[2:35:21] and trees.

[2:35:22] I don't think that answers anything

[2:35:23] people are concerned about.

[2:35:25] Anybody?

[2:35:26] You've got three minutes.

[2:35:28] It's All yours.

[2:35:30] Okay.

[2:35:30] I didn't think so.

[2:35:32] I think that pretty much says sums up how we all feel.

[2:35:37] We brought up very legitimate concerns

[2:35:39] over the last several months.

[2:35:40] Not just tonight.

[2:35:41] I was at the Board of Supervisors meeting in August.

[2:35:44] I reiterated a lot of this to them as well.

[2:35:47] I don't have a whole lot else to say other

[2:35:50] than I don't think that is anything

[2:35:52] that I can add that hasn't already been said,

[2:35:55] or you don't already know.

[2:35:56] This is not something that we want.

[2:35:58] It is very clear.

[2:36:00] Everybody on this planning commission, and the board

[2:36:03] works for us.

[2:36:04] You don't really have much of a choice in this.

[2:36:07] The choice has been made.

[2:36:08] That's all that I have to say.

[2:36:10] Thank you.

[2:36:17] [Applause]

[2:36:18] >> I appreciate the time.

[2:36:19] My name is Randy Leach with the Back Creek District.

[2:36:22] When this property was up for rezoning it

[2:36:26] had so many red flags, that it should have never

[2:36:29] been rezoned to start with.

[2:36:31] One of the issues is the traffic study.

[2:36:33] It states an increase of 2777 additional vehicle trips per day

[2:36:39] up and down Apple Valley Road.

[2:36:44] Even VDOT has concerns about this Valley

[2:36:48] is lined from one end to the other

[2:36:50] with residential homes and 255 plus communities.

[2:36:54] These residents especially the ones in the 55 plus communities,

[2:36:58] have worked hard, saved their money

[2:37:01] and purchased homes here to live out the rest of their lives

[2:37:05] in golden peace and quiet.

[2:37:07] But according to the document and the Board of Supervisors

[2:37:09] found the rezoning to be in the best interest of public health,

[2:37:13] safety and welfare.

[2:37:15] Seriously.

[2:37:16] 2777 additional vehicle trips per day

[2:37:20] past all of these homes and 55 plus communities

[2:37:25] is in their best interest this is what you call not

[2:37:28] being in touch with the people.

[2:37:31] I had the opportunity to speak with one

[2:37:34] of the owners of this property.

[2:37:37] We were going back and forth about the noise issues.

[2:37:41] He eventually looked at me and said

[2:37:45] we are already approved for a 40 day warehouse.

[2:37:48] We can put that in place and then

[2:37:50] you will have tractor trailers running up and down your road

[2:37:52] 24 over seven.

[2:37:53] These are the kind of people we are dealing with here not

[2:37:56] to mention that every chance they get,

[2:37:58] they like to use the traffic numbers,

[2:38:01] as well as what they can build by right as intimidation

[2:38:05] tactics.

[2:38:06] They discussed it over and over again at the June work session.

[2:38:11] So no matter what, this developer and this property,

[2:38:17] there needs to be measures in place

[2:38:19] to restrict the amount of traffic on Apple Valley Road.

[2:38:23] If the comprehensive plan needs to be

[2:38:26] updated to keep Apple Valley Road two lanes in order

[2:38:29] to minimize traffic, that would be a good start.

[2:38:31] You have to be proactive at this.

[2:38:33] You have to keep ten steps ahead of these people at all times.

[2:38:38] When it comes to data centers and it

[2:38:40] comes to developers that like to use exploitation

[2:38:43] and intimidation tactics against the people of Frederick County,

[2:38:47] in order to get what they want, you

[2:38:49] need to send them a very strong message that

[2:38:51] is we do not need them here and we definitely

[2:38:54] do not want them here.

[2:38:55] That is it.

[2:38:56] Thank you.

[2:39:00] [Applause]

[2:39:06] Chairman Stowe: I do not see anyone else queued up

[2:39:08] to speak I will close public hearing.

[2:39:10] Mr. Lawson would you care to respond to any of these comments

[2:39:12] here briefly.

[2:39:15] >> Briefly.

[2:39:16] I appreciate the comments.

[2:39:18] One of our slides pointed out and reminded me,

[2:39:23] we actually had seven community meetings and a bus tour.

[2:39:29] A couple of ladies actually spoke about that.

[2:39:32] I really appreciate that.

[2:39:33] We have heard a lot of comments.

[2:39:35] You all have heard a lot of comments.

[2:39:38] I said at the beginning, and I think

[2:39:41] it is appropriate to wrap up with, Thee talking about

[2:39:47] industrial is not intimidation.

[2:39:49] It is what we are.

[2:39:51] It is the standard against which we

[2:39:55] measure this one proposed use.

[2:39:58] This conditional use for a data center.

[2:40:03] And understand the comments and I understand the discussion.

[2:40:09] You will have something on your agenda about the future,

[2:40:11] the county, and will be -- whether there will or will not

[2:40:16] be data centers.

[2:40:16] Those are not the issues that we are faced with here,

[2:40:20] and what we are doing, and the standards we are following.

[2:40:23] I want to point out that not only is our use significantly

[2:40:30] less impactful than the M1, objectively, not subjectively.

[2:40:38] Objectively through measurements, decibels,

[2:40:41] Et-cetera.

[2:40:42] Mr. Klein did a great job of running

[2:40:45] through the conditions of the staffs recommended conditions.

[2:40:48] And I believe we are in sync, all

[2:40:53] with the exception of the height.

[2:40:55] What we have done is, and we have taken all kinds of efforts

[2:41:00] to mitigate the height, but we have kept the height the same.

[2:41:05] Objectively applying standards, we are not going higher than

[2:41:10] 60ft.

[2:41:10] We are at the same level.

[2:41:13] That condition by itself, objectively

[2:41:16] satisfies the standard.

[2:41:19] Nobody talked about it, but we were

[2:41:23] mindful of comments about power lines across the county.

[2:41:26] And certainly we are aware of Valley Link and all of that.

[2:41:30] We actually added a condition that

[2:41:33] said we will stay to construct this facility,

[2:41:37] and this runs with land, and these

[2:41:39] are conditions that are binding on whoever owns this property.

[2:41:42] That we will stay within the current easement corridors.

[2:41:48] We heard you.

[2:41:49] We don't want you or this thing to create or generate

[2:41:54] new easements across the county.

[2:41:57] It will not.

[2:41:57] It is a condition That binds this property.

[2:42:00] Again, we are proud of the work that has been done.

[2:42:06] Working with staff and with you all, and with board members

[2:42:11] to assure that the conditions that have been proposed, frankly

[2:42:16] come out we don't just meet the standard of M1.

[2:42:19] We go well below the impact standards of M1.

[2:42:23] And we look forward to your recommendation.

[2:42:26] Thank you.

[2:42:32] Chairman Stowe: Thank you, sir.

[2:42:34] Mr. Klein.

[2:42:35] >> Mr. Chairman this is a conditional use permit request

[2:42:38] to enable the data center on 71 acres of property presently

[2:42:41] zoned M1.

[2:42:42] As we noted, there are positives for your consideration

[2:42:46] and also concerns.

[2:42:47] Staff has recommended set of conditions.

[2:42:50] We look for your action this evening.

[2:42:52] That would conclude my remarks.

[2:42:54] Thank you Mr. Chairman.

[2:42:57] Chairman Stowe: Planning commissioners

[2:42:59] comment this is our time to discuss this.

[2:43:01] I will begin to my left.

[2:43:02] Comments discussing anything anyone wants to say.

[2:43:08] To my right?

[2:43:19] >> Mr. Chairman, I believe we recommend the Board

[2:43:21] of Supervisors deny conditional use permit 0326.

[2:43:29] >> We have a motion, is there a second?

[2:43:31] >> Second.

[2:43:33] >> We have a second is there any further discussion?

[2:43:36] A yes vote on this is a recommendation for denial

[2:43:40] yes vote is a recommendation of denial.

[2:43:50] [Members Voting]

[2:43:59] Chairman Stowe: Chair votes yes aye motion carries.

[2:44:01] This goes to the Board of Supervisors

[2:44:03] to be determined with a recommendation for denial.

[2:44:05] Thank you very much to all of that --

[2:44:09] those who have participated.[Cheers

[2:44:16] and applause]

[2:45:49] Chairman Stowe: Folks if you could move on out

[2:45:54] into the hallway come out we would appreciate it.

[2:45:56] We have to carry on with several more items here.

[2:46:26] Chairman Stowe: Moving on to nine C. Amendment

[2:46:27] to the Frederick County Code.

[2:46:29] Mr. Bishop, are you going to lead us

[2:46:30] through this quick expediently.

[2:46:36] >> Unless we get going on the history of transportation

[2:46:39] I'm not too known for my verbosity.

[2:46:41] As you noted, this is the ordinance amendment

[2:46:44] to potentially remove data centers from the ordinance

[2:46:47] should it follow through and be adopted

[2:46:48] by the Board of Supervisors.

[2:46:49] This is a proposal to amend chapter 165 Zoning

[2:46:52] Ordinance to remove data centers as a permit or conditional use

[2:46:55] in certain zoning districts and to remove other references

[2:46:59] to data centers.

[2:47:00] This item was authorized by a resolution by the Board

[2:47:03] of Supervisors on August 12th 2026.

[2:47:06] The current standard is that data centers are permitted

[2:47:10] by right, only in the TM technology

[2:47:12] Manufacturing Park zoning district,

[2:47:15] and they are also allowed as a conditional use

[2:47:17] in the B3, m1 and M2 zoning districts.

[2:47:21] There is, of course, a definition

[2:47:24] of data centers in your ordinance,

[2:47:27] and also supplemental use requirements.

[2:47:30] Those current requirements for data centers

[2:47:32] were adopted by the Board of Supervisors in April 2025.

[2:47:38] In summary, the DRC did discuss this on August 22nd and offered

[2:47:44] comments for consideration by the Planning Commission.

[2:47:47] The comments included one committee member

[2:47:52] noting they would rather see an outright prohibition,

[2:47:56] and another committee member that noted that removing them

[2:47:58] was probably not a good idea.

[2:48:00] Other than that, there was fairly little discussion.

[2:48:04] This item is presented for public hearing this evening.

[2:48:07] I would also note that county Attorney Fox is here

[2:48:11] this evening.

[2:48:12] If we get deep enough into legal weeds,

[2:48:14] he will be here to chop the weeds down for us.

[2:48:18] And further, I would note, that he has prepared in coordination

[2:48:22] with staff, and outside counsel an assistance memo that tries

[2:48:27] to address a number of the questions that were brought up

[2:48:30] both on August 12th, when the board authorized the action

[2:48:34] to begin, and since then, in various other conversations that

[2:48:39] have taken place.

[2:48:42] Your diocese as well was added to the agenda at the county data

[2:48:46] Center portal.

[2:48:46] We also have count -- copies that were distributed this

[2:48:51] evening to the public that wanted to take them as they came

[2:48:53] in.

[2:48:54] We are seeking a recommendation following the public hearing

[2:48:56] from the Planning Commission to the Board of Supervisors.

[2:49:03] Any questions to Mr. Bishop, to my right?

[2:49:06] To my left?

[2:49:12] Chairman Stowe: Mr. Fox thank you for the memo.

[2:49:14] After I read it for the third time, I was good.

[2:49:16] Not an attorney.

[2:49:18] This is a public hearing.

[2:49:20] Anyone who would like to speak to this matter, this

[2:49:22] would be the time to do so.

[2:49:24] We ask that you please limit your comments

[2:49:26] to three minutes or less state your name and magisterial

[2:49:29] district.

[2:49:29] I know that we did have one person with online comments.

[2:49:32] Ted McFadden.

[2:49:36] And there is a sign up sheet.

[2:49:39] Mr. Bishop, take it away.

[2:49:43] >> First speaker is Arthur Christian followed by Jennifer

[2:49:46] Smith.

[2:49:49] >> My name is Arthur Christian.

[2:49:52] I am from Winchester, that way.

[2:49:55] I am personally recommended -- recommending that you say yes

[2:50:01] to remove this item from the Frederick County Code.

[2:50:07] If it wasn't there we would not have

[2:50:12] had this whole big discussion in the first place.

[2:50:14] That is all I have to say.

[2:50:15] Thank you very much.

[2:50:18] Chairman Stowe: Thank you.

[2:50:21] We -- >> We have Jennifer Smith and I'm not making light

[2:50:26] of your name I cannot read it.

[2:50:28] I believe your initials are L and S

[2:50:32] and you are the Opequon district.

[2:50:33] If you have not heard your name called and you have signed up,

[2:50:36] it is you we are looking for.

[2:50:44] Chairman Stowe: Is Jennifer Smith still here?

[2:50:50] >> Ls.

[2:50:54] >> I'm Sharon.

[2:50:55] >> You are next on the sign up.

[2:50:57] >> Thank you for sticking with us, by the way.

[2:50:59] I know that not everybody did.

[2:51:01] Mr. Chairman come on members of The Planning commission,

[2:51:04] I live in the Opequon district.

[2:51:08] Like you, I've listened to residents voice concerns

[2:51:12] about data centers, very real concerns about noise

[2:51:16] both audible and inaudible.

[2:51:18] Kind you cannot hear.

[2:51:20] It is unhealthy nonetheless.

[2:51:23] The drain on our electric grid.

[2:51:25] The risk to our water supply, which

[2:51:27] is already in drought status.

[2:51:29] The danger to our health, our livestock, our property values,

[2:51:33] and to our very quality of life.

[2:51:36] As they cite I was looking at a study out

[2:51:45] of the University of California, they

[2:51:47] said getting a 100 word answer from AI,

[2:51:50] which I did several times today, I used a bottle of water.

[2:51:53] A bottle of water for a 100 word answer from AI.

[2:51:58] Imagine the exponential use of water for the data centers.

[2:52:05] I am opposed to data center that's have been

[2:52:08] proposed for Frederick County.

[2:52:10] Frankly, I am no longer sure who my opposition is.

[2:52:13] The billionaires funding these data centers without regard

[2:52:17] to the consequences?

[2:52:19] China enticing us to compete in the artificial intelligence

[2:52:23] race?

[2:52:24] Or is it you?

[2:52:25] The Planning Commission, who voted against the proposed

[2:52:28] Clearbrook data center, yet has not explicitly

[2:52:31] stated in the amended zoning ordinance

[2:52:33] that data centers are prohibited.

[2:52:36] While I am glad and grateful for your vote, without the clarity,

[2:52:41] I fear developers will find a loophole

[2:52:43] and work around it to build data centers for clarity matters.

[2:52:46] It is essential that Frederick County have a revised zoning

[2:52:51] ordinance that clearly states its intent

[2:52:53] and the will of its residents.

[2:52:56] Simple deletions don't do it.

[2:52:58] It is equally important that data center be defined.

[2:53:01] I know that data center definition was not

[2:53:07] present in the amended ordinance.

[2:53:10] The argument made by the county Attorney that

[2:53:12] would be difficult to craft a definition that was broad enough

[2:53:16] to encompass all data centers baffles me.

[2:53:20] Others in general municipalities and counties

[2:53:23] appear to have done so.

[2:53:24] Perhaps we should borrow from them.

[2:53:27] This much is clear.

[2:53:28] There is a great deal of complexity

[2:53:30] in deciding whether to permit a given data

[2:53:33] center and or where it should be built.

[2:53:37] While I respect members of the Planning Commission

[2:53:40] and members of the Board of Supervisors,

[2:53:41] how can you possibly make an informed decision on data

[2:53:45] centers now without considerable study.

[2:53:47] A clear change in the zoning ordinance

[2:53:49] will provide time for that much needed study.

[2:53:53] You will be able to consult with experts

[2:53:55] and investigate best practices, if or when

[2:53:58] a data center is built in Frederick County Commission

[2:54:02] members will be able to articulate their positions

[2:54:04] and respond to resident concerns.

[2:54:07] I'll stop there.

[2:54:11] >> Thank you.

[2:54:12] Next we have Karen Moreland, followed by Rebecca B

[2:54:16] from the Stonewall District.

[2:54:25] >> I am Karen Moreland.

[2:54:26] I am from the Back Creek District.

[2:54:27] I support the proposed amendment change to remove data centers

[2:54:34] from our zoning information.

[2:54:43] Basically, the whole flight from tonight ,

[2:54:48] we could have had this comment before it's.

[2:54:51] I think it is almost as important as what we just

[2:54:55] sat through.

[2:54:57] Removing them completely from the data

[2:55:05] that every applicant has used to fight against the public

[2:55:08] is probably the best way to fight the war against the data

[2:55:13] centers.

[2:55:14] I would hope that you would look into this further,

[2:55:18] the legalities of it, how we can join the other municipalities

[2:55:21] in the state.

[2:55:23] Thank you.

[2:55:24] >> Thank you.

[2:55:28] >> Rebecca B followed by Elizabeth Aylor.

[2:55:36] >> Rebecca Bronson, Stonewall district.

[2:55:37] Once again I just wanted to reiterate.

[2:55:39] We just sat through an hour and a half, two hours

[2:55:42] of people laying it out.

[2:55:44] I support removing data centers as a permitted use.

[2:55:48] Again, because, had we known what Loudon knows,

[2:55:54] we might not be fight Valley link.

[2:55:58] Now we know and we have the opportunity

[2:56:02] to step away from that and to not further engage.

[2:56:08] Not further endanger our resources.

[2:56:16] We have wonderful, natural History here.

[2:56:20] Lots of people have talked about everything.

[2:56:23] There really isn't much left to say

[2:56:25] that has not already been said.

[2:56:27] But we do stand at the precipice.

[2:56:29] I am thrilled that you are taking this up.

[2:56:34] I am thrilled that this is a possibility for us to decide.

[2:56:39] Let's go ahead and take these out of the mix.

[2:56:44] We need the water.

[2:56:46] We don't need God knows how big of a transmission line

[2:56:52] coming through here.

[2:56:53] We don't need any of that.

[2:56:56] Do you really need an AI summary of your Washington Post

[2:57:00] comments?

[2:57:00] For how many gallons of water?

[2:57:04] That has how many gallons of water

[2:57:06] that you are not going to flush toilet with.

[2:57:09] You might need that someday.

[2:57:10] Thank you very much.

[2:57:13] >> Elizabeth Taylor followed by Charlene Anderson.

[2:57:16] I believe I saw her leave.

[2:57:18] I will also mention after her is Teresa.

[2:57:24] >> Elizabeth Aylor come on back Creek.

[2:57:26] Firstly, I really love recommending

[2:57:28] removing it from the ordinance.

[2:57:30] I know that we keep language intentionally vague

[2:57:33] in order to mitigate litigation.

[2:57:35] I think Jax talked about this before.

[2:57:38] I'm challenging all of us, the great people of Appalachia

[2:57:41] and the Shenandoah Valley, as Virginians and Americans,

[2:57:44] not only to declare that we don't want data centers,

[2:57:47] but to stand up and fight against them.

[2:57:51] Here as they think, my friend said about the Great Valley

[2:57:56] Alliance, we are powerful in numbers.

[2:57:58] This is not the first thing that will come down the pike.

[2:58:01] We have climate change, we have wars

[2:58:03] going on all over the country.

[2:58:05] We have economic crisis as.

[2:58:06] We have one out of four Americans before the poverty

[2:58:09] or out of work.

[2:58:11] We have major issues approaching us as a society.

[2:58:13] Artificial intelligence.

[2:58:14] We talk about industry that we want

[2:58:16] to bring into our neighborhoods.

[2:58:17] We have no idea what the future holds next year,

[2:58:20] let alone ten years from now.

[2:58:22] We are the people here.

[2:58:24] I think that instead of saying come on do this, ambiguous this,

[2:58:29] leave it out at that.

[2:58:30] Fight.

[2:58:31] Stand up and fight.

[2:58:32] Are we afraid of litigation?

[2:58:34] Are we afraid of corporate people

[2:58:35] trying to shake us down and tell us what to do?

[2:58:38] Are we afraid of inviting people in partnerships

[2:58:40] into our communities.

[2:58:41] We need to be taking aggressive stances together

[2:58:44] because if we build out solidarity between all

[2:58:47] of our other counties and work in the great Shenandoah Valley

[2:58:50] Alliance, we can protect our sacred land.

[2:58:53] Our sacred honor.

[2:58:55] Our heritage as stewards of this land.

[2:58:59] We need to preserve the spirit we

[2:59:01] need to convince people to keep our land to keep our water

[2:59:05] and resources.

[2:59:05] If you are looking around the nation,

[2:59:07] it is drying out to the bone.

[2:59:09] Where are they going to come?

[2:59:10] We have industry we can build off of the natural resources

[2:59:14] itself.

[2:59:14] We can grow a potato from a potato,

[2:59:17] and honor ourselves, honor the land,

[2:59:19] and build solidarity together.

[2:59:20] I say do not just take it out of the ordinance.

[2:59:23] I say that we stand up and fight together.

[2:59:25] We build out new opportunities for us

[2:59:27] to unite and unify culturally, together, and protect

[2:59:31] our amazing resources in this incredible land and heritages.

[2:59:35] Thank you.

[2:59:38] >> Charlene Anderson, if you are here come on followed by Teresa.

[2:59:42] I don't think she is here.

[2:59:44] In case I didn't see her I wanted

[2:59:47] to make sure that I said it.

[2:59:49] >> Teresa Ostertag come on Back Creek.

[2:59:53] I have a timeline.

[2:59:55] Let's start with July 8th.

[2:59:57] On July 8th, John Jewell drafted the motion to have a public

[3:00:01] hearing to work on removing the data center ordinance,

[3:00:04] which made the entire room burst into a standing ovation.

[3:00:07] What did that do to the movement?

[3:00:08] It gave people time to breathe and feel safer and more heard.

[3:00:12] What else did it do?

[3:00:13] It took a lot of the energy propelling the movement.

[3:00:16] We were working on getting three of our people elected

[3:00:20] in November and the chairman seat, Gainsborough Seat and Back

[3:00:24] Creek seat on the board.

[3:00:26] I think they would call that a job well done

[3:00:28] because it took your attention off of that

[3:00:31] and they don't want to lose their seats.

[3:00:33] Truly, don't want to listen to us either,

[3:00:37] on July 23rd during a joint work session for the Big Comp Plan

[3:00:44] update, a planner said I'm not going to name names,

[3:00:49] someone directed me to include high energy use facilities

[3:00:52] on the Comp plan, which includes utility corridors, substations,

[3:00:57] data centers and tech corridors.

[3:01:00] On August 12th, a board member said the state may make us add

[3:01:09] data center ordinance back in.

[3:01:10] That they will not have control over it.

[3:01:12] Then he asked the planners if they

[3:01:14] could add the electrical corridor on the Comp plan update

[3:01:18] by November.

[3:01:20] To me, what appears to be, is they

[3:01:24] are preparing to add the data center ordinance back in.

[3:01:28] On the same day, someone said to me,

[3:01:33] at the end of the day you do not get a vote you

[3:01:37] vote through your board member.

[3:01:39] The only thing that I know to do is to tell you to vote.

[3:01:42] Vote in November.

[3:01:43] Tell your neighbors and your friends and your relatives

[3:01:46] to vote.

[3:01:47] There are three seats open.

[3:01:50] Get familiar with what you can and cannot do.

[3:01:52] Your vote does matter.

[3:01:55] These videos are on protect Frederick

[3:01:58] if anyone wants to see them.

[3:02:06] >> Thank you.

[3:02:07] >> That is the end of the signups.

[3:02:08] Anyone else care to speak .

[3:02:16] >> Hello again come on my name is Alexander Ritter and I reside

[3:02:18] in the Opequon district.

[3:02:20] I am here today to talk about the August 31st memo.

[3:02:28] I want to briefly mention that earlier last week I

[3:02:33] have emailed with Mr. Fox on this matter

[3:02:36] and I felt his explanation was less than satisfactory.

[3:02:40] And in fact he included things in that email that

[3:02:43] were not in the current memo.

[3:02:45] Not satisfied, I decided I wanted to field communications

[3:02:51] about the ordinance draft.

[3:02:53] One of the documents I -- received was a legal opinion

[3:02:58] Micheal O picky outside counsel from Spielman law firm dated

[3:03:01] August 13th.

[3:03:02] It was his correspondence.

[3:03:03] In that email, the outside counsel

[3:03:06] starts with this statement.

[3:03:07] There are two types of zoning ordinances.

[3:03:10] Inclusive, which permits only the uses specifically allowed

[3:03:13] and exclusive which prohibits specified

[3:03:15] uses and permits all others.

[3:03:17] Citing the 1968 case Wiley versus Hanover City.

[3:03:21] Lockerby states some localities, ordinance uses both forms,

[3:03:25] in all three including hybrid ordinances

[3:03:28] that incorporate both inclusive and exclusive zoning.

[3:03:30] And are recognized as valid.

[3:03:33] It even explains that our zoning ordinance

[3:03:35] contains a usage provided section

[3:03:37] that not ordinances have.

[3:03:39] Provides an example case, which I

[3:03:41] brought with me, Madison County versus Gaffney,

[3:03:44] of how that use has played out in court.

[3:03:47] Which I believed he mentioned in the memo.

[3:03:49] He also fails to mention that the ordinance does not

[3:03:54] look like our ordinance.

[3:03:55] It has a specific prohibition clause in it that it is not

[3:04:00] anything that is explicitly not -- is prohibited.

[3:04:06] Ours does not say that anywhere.

[3:04:09] Lockerbie argued that it is not applicable

[3:04:14] because Frederick County ordinance is not

[3:04:17] structured similarly.

[3:04:20] It includes inclusive zoning as a default

[3:04:24] but the ordinance is not by default necessarily inclusive.

[3:04:27] Recognizes this, which is why in the email

[3:04:29] he pivots to the recitals and whereas clauses

[3:04:31] that are recited by courts and officials

[3:04:33] to interpret the official purpose of legislation.

[3:04:36] Had come to the conclusion that the intent of the board

[3:04:40] to prohibit data centers.

[3:04:42] If the intent is to prohibit data centers,

[3:04:44] why does the word prohibit never appear anywhere in the clauses.

[3:04:48] Removal has the same meaning?

[3:04:50] It doesn't say removal from all district,

[3:04:53] but from certain districts.

[3:04:55] Fox argument that it is unambiguous as to the intent .

[3:05:12] I appreciate it thank you.

[3:05:20] >> Good evening.

[3:05:20] Jack Tinsley, Gainsboro district.

[3:05:23] Thank you all for your previous vote.

[3:05:26] Just 15 minutes ago.

[3:05:27] I really appreciate it.

[3:05:29] I think everybody did.

[3:05:31] We all clapped.

[3:05:32] I am here to ask you to recommend removing data centers

[3:05:34] as a permitted use countywide.

[3:05:35] I have some reasons why.

[3:05:37] We are not arguing with you all.

[3:05:40] We are not arguing with each other.

[3:05:41] I think we are arguing with private companies that

[3:05:43] have the federal government in their pocket.

[3:05:45] That is the same way every large private company has

[3:05:49] the federal government in its pocket

[3:05:52] through lobbying, kickbacks and outright bribes.

[3:05:54] I'm going to get a little political here hopefully

[3:05:56] that is okay in this political space.

[3:05:58] Two days ago the president posted

[3:06:00] that the only reason a community wouldn't want data centers

[3:06:03] is if they wanted to end up backwards and poor.

[3:06:06] In Republican Congress member from Tennessee responded back

[3:06:09] to him, I guess I am backwards and poor.

[3:06:11] A Fox News poll found 60% of Republicans and 3% of voters

[3:06:17] opposed the project this is not a left versus right issue.

[3:06:21] This is a top versus bottom and I'm

[3:06:24] going to talk about what the top thinks about us.

[3:06:26] And I include you all.

[3:06:27] I don't know what your economic backgrounds are.

[3:06:30] I know that Elon Musk spelled $280 million

[3:06:33] on the last election.

[3:06:35] Within months his people had access to the Social Security

[3:06:38] Administration systems.

[3:06:39] Our numbers come a medical records a bank info, all

[3:06:42] of that.

[3:06:43] His team had.

[3:06:44] These were teenagers.

[3:06:46] The Supreme Court let that happen.

[3:06:48] Another billionaire, the CEO of Shopify,

[3:06:52] endorsed a system that would be based

[3:06:54] on how come income tax you pay zero votes if you pay none.

[3:06:58] Five votes if you pay half a million.

[3:07:00] Said the retirees on a pension should not vote either.

[3:07:03] He called them dependents.

[3:07:05] The same as children.

[3:07:07] Those are quotes.

[3:07:08] Nobody in this room voted for either of those people.

[3:07:11] Those are the kinds of people that

[3:07:12] would be running servers out of data centers

[3:07:15] in Frederick County.

[3:07:16] This has to be categorical.

[3:07:18] In West Virginia, House Bill 2014

[3:07:21] stripped counties of the authority

[3:07:22] to regulate where data centers go and how they are used.

[3:07:26] Not environmentalists.

[3:07:26] Not liberals.

[3:07:28] The legislature for money.

[3:07:31] Here in Virginia, researchers from the University

[3:07:34] of Mary Washington found 25 out of 31 localities with data

[3:07:39] centers signed NDAs with the companies.

[3:07:41] That is zero transparency for money.

[3:07:44] These buildings are where surveillance live.

[3:07:48] Virginia Tech professor who studies this says the buildings

[3:07:50] are used by the federal government, which I don't trust,

[3:07:53] and its contractors.

[3:07:55] One of the agencies paid Palantir $31 for --

[3:08:00] $30 million for a system that without safeguards can come

[3:08:03] at will and has been used against citizens.

[3:08:05] The software runs in the buildings

[3:08:07] and we don't have a say on how it is used.

[3:08:09] Worst, it is already here.

[3:08:10] The Frederick County Sheriff's Department

[3:08:12] applied for a grant with the Department of Justice

[3:08:14] for automated Drones to respond to calls flying

[3:08:16] over homes and businesses.

[3:08:18] Winchester City is starting up its own drone program.

[3:08:21] That is federal money with none of our say last year flock

[3:08:25] built a system that listened for human voices.

[3:08:28] Any of the tools can be used against any people

[3:08:32] in the population.

[3:08:34] These are tech billionaires.

[3:08:35] They are cronies, including our government.

[3:08:38] If they decide anybody is out of line,

[3:08:41] they want us in line, jumping.

[3:08:43] Not asking how high.

[3:08:44] These are the systems they are going

[3:08:47] to use to create an authoritarian government

[3:08:50] to police us.

[3:08:51] Thank you.

[3:08:52] Thank you ahead of time for voting for this.

[3:09:05] >> Good evening my name is Linda Harris and.

[3:09:07] I reside in the Stonewall District.

[3:09:09] There is a saying that there is a place for everything

[3:09:12] and everything has its place, or something like that.

[3:09:15] I personally believe that data centers are a necessary evil.

[3:09:19] We have just come to that point.

[3:09:22] The one that came around today I thought,

[3:09:27] it is just in the wrong place.

[3:09:30] There are too many houses there.

[3:09:32] I grew up on Middle Road.

[3:09:35] There are too many houses out there.

[3:09:37] They need to be in places where they

[3:09:40] won't collide with residences and fit in more

[3:09:44] with the territory around it.

[3:09:45] I just wanted you all to know that I think they are needed,

[3:09:50] they are.

[3:09:50] They just have to be in the right place.

[3:09:54] Thank you.

[3:10:03] >> Leslie Spencer from Gainsboro.

[3:10:05] Thank you very much.

[3:10:06] I support removing the data center ordinance.

[3:10:08] I hope that we inspire every county in Virginia

[3:10:12] to do the same.

[3:10:14] Enough is enough.

[3:10:16] There are too many and we are carrying a lot.

[3:10:18] A lot of the internet add up here dear data Center investors.

[3:10:23] You are amazing.

[3:10:25] I love you a lot, but this research really opened my eyes.

[3:10:29] I thought we were helping nature and saving farmland together.

[3:10:33] Now I see that you have emerged as the biggest threat

[3:10:37] to that future.

[3:10:39] You were born in this great country.

[3:10:41] Became a giant.

[3:10:43] It is like you grew up and went out into the world.

[3:10:47] You need to bring such vanguard innovations back home.

[3:10:52] In Denmark you are cooling by heating thousands of homes

[3:10:56] all throughout Europe.

[3:10:58] In Paris, the same.

[3:11:00] Plus the big pool.

[3:11:03] In no way your sustainability signs with green energy,

[3:11:07] geothermal cooling and home to some of the most beautiful data

[3:11:11] centers ever built. Overseas, there are data centers with open

[3:11:16] and shared community spaces cafes common gardens

[3:11:19] common greenhouses, and even museums.

[3:11:22] There are some living green walls and roofs here in America.

[3:11:26] And a few geothermal to.

[3:11:29] In Georgia you are even using treated gray water

[3:11:32] from outside of your sources.

[3:11:34] There is mostly just industrial sprawl.

[3:11:37] Where overseas you are often always so much more beautiful

[3:11:41] and have a much smaller footprint.

[3:11:43] Why not do all of these things in America.

[3:11:46] Maybe an old rock by burying yourself in geothermal hills

[3:11:52] and becoming a grassland for a threatened.

[3:11:55] Maybe your Superfund sites.

[3:11:58] You must say far from rural America.

[3:12:00] Clean watersheds, nature, and our feud secure --

[3:12:07] food security and farmlands.

[3:12:08] I invite you to work with federal and state communities

[3:12:11] come on conservationists, dreamers and locals.

[3:12:14] Collaborate the right way.

[3:12:16] Dream big.

[3:12:17] Get creative.

[3:12:19] Ask kids, but also mature more.

[3:12:22] I want you to build better when you

[3:12:24] are ready to become a legend.

[3:12:26] I want to see American data centers finally

[3:12:30] on the world's best list.

[3:12:33] Where world leaders come to here to see the legacy

[3:12:37] you built and inspire the world to do better.

[3:12:40] When you are ready to give back, save farmland, dark skies,

[3:12:44] nature, on site forever and ever.

[3:12:47] Then you are ready to collaborate and make this work.

[3:12:50] Thank you.

[3:13:03] >> Good evening.

[3:13:04] My name is Vicki and I am in the Stonewall District.

[3:13:06] I am in favor --

[3:13:10] I have not been drinking back there, really.

[3:13:12] I am in favor, very much, of a resolution

[3:13:15] to remove data centers from our comprehensive plan.

[3:13:19] I am not an attorney, but I do not trust simply

[3:13:24] removing all reference to them.

[3:13:26] It is kind of like tearing down statues.

[3:13:29] If we don't know what we've done in the past,

[3:13:32] we are doomed to repeat the past.

[3:13:34] I do not trust this.

[3:13:36] But if we do not have a data center listed and defined,

[3:13:41] and prohibited in the different zones,

[3:13:44] that there will not be a loophole

[3:13:46] then we will be back through this again.

[3:13:48] I thoroughly appreciate every one of you

[3:13:52] far more than I ever knew.

[3:13:53] Because I am getting tired of coming out every evening

[3:13:57] and going to the historic resources

[3:14:01] and to the Planning Commission and Board of Supervisors.

[3:14:04] I want my life back.

[3:14:06] I want to make sure that whatever you do tonight,

[3:14:10] make sure there are no loopholes.

[3:14:13] Make sure that we are not doing something

[3:14:15] that is going to cause us to be right back in the same place

[3:14:18] a year from now.

[3:14:19] I do appreciate every one of you so much more

[3:14:22] than I did a year ago.

[3:14:24] I am tired of coming.

[3:14:25] Thank you.

[3:14:32] >> I don't see anyone else coming up to speak.

[3:14:34] Aaron's going to prove me wrong.

[3:14:38] >> Aaron Fox come on back Creek.

[3:14:40] I didn't prepare anything and it is an hour past my bedtime.

[3:14:43] I do support an ordinance amendment.

[3:14:45] I do want to see them removed as a use.

[3:14:48] I am also concerned with if this is airtight or not.

[3:14:54] Like Vicki said, I am not an attorney

[3:14:56] but I have been in discussion with someone

[3:14:58] who is consulting with an outside land use attorney.

[3:15:01] I've read statements by Mr. Fox and talked to planning.

[3:15:04] It seems like maybe things are not as clear as they should be.

[3:15:08] While I want to see this happen soon,

[3:15:09] I also don't want us to rush this.

[3:15:11] I am not sure what else to say about that other than to say

[3:15:16] come on please take that into consideration.

[3:15:18] Thank you.

[3:15:19] >> Thank you.

[3:15:22] Chairman Stowe: Seeing no one else,

[3:15:26] I will close the public hearing.

[3:15:27] Mr. Bishop, anything you want to add?

[3:15:31] >> I have nothing to add.

[3:15:32] We have Mr. Fox here this evening,

[3:15:34] should you have any additional details specifically

[3:15:37] legal questions, I can try to address

[3:15:40] from a zoning perspective.

[3:15:42] I can talk about land use cases if you need me to.

[3:15:46] Other than that, I think you have everything before you.

[3:15:51] Chairman Stowe: Did you want to add anything, Mr. Fox.

[3:15:55] I don't think it's necessary but I want

[3:15:57] to afford you the opportunity.

[3:15:59] >> Just to add or amplify, I think Virginia --

[3:16:04] and when it comes to land use law,

[3:16:07] Virginia counties are kind of like.

[3:16:08] They are all going on the road from point A to point B

[3:16:12] but they are very different in how they are constructed.

[3:16:14] I have consulted with an outside attorney.

[3:16:16] It is the same outside attorney that

[3:16:18] consulted with the Berkeley Group

[3:16:19] to overhaul our zoning ordinance.

[3:16:21] Is very familiar with our zoning ordinance.

[3:16:23] Is very familiar with zoning ordinance

[3:16:25] from other part of the state.

[3:16:26] He has absolutely correct when he

[3:16:28] said there were different types of zoning ordinances

[3:16:30] and there are different approaches.

[3:16:32] There is no such thing as airtight

[3:16:34] when it comes to land use law and zoning.

[3:16:37] If there was, you wouldn't need me here

[3:16:41] and you wouldn't need other lawyers

[3:16:43] and other people wouldn't need lawyers to argue about it.

[3:16:46] We are trying to do what the unambiguous direction

[3:16:50] of the Board of Supervisors was to do.

[3:16:53] We are trying to do it as well as we can.

[3:16:58] Just yesterday, my colleague in Loudoun County,

[3:17:01] who has been doing this almost twice as long

[3:17:03] as I have, and I have been doing it a pretty long time,

[3:17:06] was directed to basically do the same thing we are doing.

[3:17:10] But they have over 20 applications in the pipeline.

[3:17:13] And they are Loudoun County.

[3:17:15] He has been given a little over a month

[3:17:17] to come back and tell them how to do that.

[3:17:20] It is unusual to remove a use.

[3:17:23] We are trying to do everything we can,

[3:17:27] bringing in outside experts, considering every possibility.

[3:17:30] We are asking you to move this forward.

[3:17:33] We are not -- we are going to continue to work on it to tweak

[3:17:39] it and make it as airtight as possible as we move towards

[3:17:41] the Board of Supervisors meeting on the 23rd.

[3:17:44] There is no question that we are not

[3:17:47] trying to build any fault into this edifice.

[3:17:49] We are trying to do it exactly as the board directed.

[3:17:52] I'm happy to any -- answer any specific questions.

[3:17:58] Thank you very much, sir.

[3:18:01] This leads us to planning discussion.

[3:18:09] >>.

[3:18:10] You are saying there's no way possible to remove loopholes?

[3:18:16] >> That would be my legal opinion.

[3:18:19] Chairman Stowe: I think if there were no loopholes we wouldn't

[3:18:22] need courts or attorneys.

[3:18:28] Council Member Whitacre: I think we'd

[3:18:30] need to do a lot more research on this.

[3:18:31] I don't believe in the impossible.

[3:18:37] Chairman Stowe: Anyone else have a comment all right

[3:18:40] come on Mr. Kerns.

[3:18:42] >> If members of the Planning Commission could humor me.

[3:18:45] I'm very normally short with my questions

[3:18:47] and try to get to the point.

[3:18:48] I've done a lot of research on this and a lot of thought

[3:18:51] on this and I do have a couple of comments lined up.

[3:18:54] If you could please humor me.

[3:18:57] I spent a lot of time on this and this is not a comment

[3:19:04] that I wanted to make on the because I

[3:19:11] don't think it is applicable.

[3:19:13] That is something we deal with on an individual basis.

[3:19:18] This is more on the outright banning,

[3:19:22] effectively banning a use.

[3:19:26] I hesitantly bring up a couple of points.

[3:19:30] They are at the national level, but they speak exactly

[3:19:32] to what we are talking about right now.

[3:19:34] I think they are relevant to this.

[3:19:37] I will try to go through them quickly.

[3:19:39] In July of last year, the president of the United States

[3:19:42] signed executive order 14318 which

[3:19:44] is titled Accelerating Federal Permitting of Data Center

[3:19:47] infrastructure.

[3:19:47] The purpose of which is stated as, and this is a quote,

[3:19:52] my administration has inaugurated a golden age

[3:19:54] for American manufacturing and technological dominance

[3:19:57] but we will pursue bold large scale industrial plans

[3:20:00] to develop the United States further

[3:20:02] into the lead on critical practices

[3:20:04] and technologies essential to national security,

[3:20:07] economic prosperity, and scientific leadership.

[3:20:09] These plans include artificial intelligence data centers

[3:20:13] and infrastructure that powers them,

[3:20:15] including high voltage transmission

[3:20:16] lines and other equipment.

[3:20:18] Will be a priority of my administration

[3:20:20] to facilitate the rapid and efficient buildout

[3:20:22] of this infrastructure by easing federal regulatory burdens.

[3:20:26] And then it goes on for six pages with definitions

[3:20:28] and other things.

[3:20:29] You can look this up.

[3:20:31] It is on the white House website.

[3:20:33] In addition, based on numerous online resources

[3:20:36] that are easily out there.

[3:20:38] You can find them on the military website.

[3:20:40] They are all out there.

[3:20:42] The United States military actively

[3:20:44] uses ChatGPT, Gemini, the maiden smart system and other custom AI

[3:20:52] tools.

[3:20:52] In January of this year the Secretary of Defense of War

[3:20:56] directed a memorandum to senior leadership

[3:20:58] to accelerate America's military AI

[3:21:01] dominance to this end, aligned with America's action plan

[3:21:04] I directed the Department of War to accelerate the military AI

[3:21:08] dominance by becoming an AI first war fighting

[3:21:11] force across all components from front to back.

[3:21:14] Now we have laid out at the federal level,

[3:21:17] the presidential level, the importance of AI

[3:21:20] and the infrastructure to national security

[3:21:22] and the military.

[3:21:24] And then come out Monday of this week,

[3:21:26] I am sure we have probably read this

[3:21:28] and we just heard a short snippet of the quote,

[3:21:30] but the president did make this following statement.

[3:21:33] I think it is directly exactly on things

[3:21:36] like where we are here.

[3:21:37] This is a direct quote.

[3:21:39] The only reason the communities throughout the United States

[3:21:41] should not want data centers is if they want to end up

[3:21:44] being backwards and poor.

[3:21:45] If they want to be successful and rich with far lower taxes

[3:21:48] and jobs all over the place, let data rain.

[3:21:51] I bring that up, not at a political point in any way,

[3:21:55] but to point out to the fact that at the federal level

[3:21:57] and the presidential level, data centers and data center

[3:22:01] infrastructure is a very high priority.

[3:22:04] I think that is relevant for this discussion tonight

[3:22:08] and for the public to understand that.

[3:22:11] Is that influencing my decision or stance?

[3:22:14] No.

[3:22:14] I am not saying that.

[3:22:16] I just want everyone to know that it's happening

[3:22:20] and this is at the federal level that

[3:22:24] controls funding and all sorts of things up there.

[3:22:27] I just wanted to point that out.

[3:22:29] My question specifically on this, down to this level,

[3:22:33] I feel we have a mechanism in place

[3:22:36] that we used 15 minutes ago.

[3:22:37] We have used it a couple of times now.

[3:22:40] I think it has worked great.

[3:22:42] Yes, it involves a lot of public input, which I think

[3:22:46] is fantastic.

[3:22:47] I think it has engaged a lot of people who have never been

[3:22:50] engaged in government before.

[3:22:51] I think it is a good thing.

[3:22:53] I enjoy seeing that.

[3:22:54] I like people coming out here.

[3:22:56] I think we have the process in place where we can stop this.

[3:23:00] There is a mechanism in place.

[3:23:02] We have used it.

[3:23:03] We just used it.

[3:23:05] It will go to the Board of Supervisors.

[3:23:06] You will take that up at the Board of Supervisors level.

[3:23:09] I think that is in place.

[3:23:11] I agree that removing the TM zoning, we do not need that.

[3:23:16] It is superfluous to have it in there.

[3:23:19] It creates another loophole.

[3:23:20] I don't think it should be there.

[3:23:22] But the CUP that we have in place and now

[3:23:36] does what it is supposed to do.

[3:23:37] I believe that a local body should not

[3:23:39] act based on fear or emotion.

[3:23:44] I think they should be proactive.

[3:23:45] I don't think they should be over reactive.

[3:23:48] I feel that we were a -- pro reactive last year in making

[3:23:53] the CUP and removing the data centers.

[3:23:59] I think we have done the right thing.

[3:24:01] We have the process in place.

[3:24:03] We have just seen that it works this year.

[3:24:05] I like that process.

[3:24:06] I worry that if we overreact and completely remove the use, what

[3:24:11] are we telling developers.

[3:24:12] We are telling developers to shut the door.

[3:24:15] If we leave the door a tiny bit open,

[3:24:18] do we have the opportunity to then say,

[3:24:22] these project are not good enough, innovate, do better.

[3:24:26] Right now they are not good enough.

[3:24:28] In a year from now, six months from now,

[3:24:31] I don't know what technology will be.

[3:24:33] But I feel if we leave the CUP door open a little bit,

[3:24:39] we are demanding that you do better bring something

[3:24:41] better to us that will not have these impacts it will not

[3:24:44] have the impact on the water or electricity because it possible?

[3:24:47] It is possible.

[3:24:48] I think it has been done around the world.

[3:24:50] There are small examples of it.

[3:24:52] I think there is technology coming we do not know about.

[3:24:55] That is just my take on it.

[3:24:57] I know it is probably not of the majority.

[3:24:59] But I just felt like I have done a lot of research

[3:25:03] on this and a lot of thinking on this.

[3:25:06] That was all.

[3:25:07] Thank you.

[3:25:16] >> I fear that we will get stampeded into the Keronian

[3:25:18] action that will result in some statewide or federal level

[3:25:24] action that local communities will lose all prerogatives.

[3:25:30] When we start prohibiting something or taking something

[3:25:33] out of the ordinance that really contributes

[3:25:36] to the national security of this country.

[3:25:39] I don't think any of us want China

[3:25:41] in charge of all of our data.

[3:25:44] Having said that I think we need to take

[3:25:47] this out of our ordinance now and prepare

[3:25:49] for the future at a later date.

[3:25:57] >> I would like to elaborate.

[3:25:58] I agree with you.

[3:25:59] We need to take it out of the ordinance.

[3:26:01] Data is a national security.

[3:26:03] I am not against national security.

[3:26:04] I am against where you are putting it.

[3:26:07] How much easier it is to defend it

[3:26:11] where forces are closer to it.

[3:26:13] Cutting the lines through here to bring energy there.

[3:26:18] Put the energy over there.

[3:26:21] Why would we be wasteful and destroy

[3:26:24] another national security issue.

[3:26:27] Food.

[3:26:28] And banning, outright banning and leaving out

[3:26:33] all of the loopholes to deny data centers

[3:26:34] is not shutting the door to other industry.

[3:26:48] Council Member Markert: I agree and obviously I voted yes

[3:26:49] I agree with what we are doing.

[3:26:50] I just want to make sure -- in my opinion, we need AI.

[3:26:57] We need data centers.

[3:26:59] If we don't do this, all of the AI

[3:27:01] that will be in the commercial marketplace for us to use

[3:27:06] will be from China, with their bias and their backdoors

[3:27:12] and whatever.

[3:27:14] It is not realistic to ban data centers.

[3:27:21] Tonight's, this conversation is jumping from denying one data

[3:27:26] center to banning them all.

[3:27:28] I don't think it's wise at all to ban them all.

[3:27:37] The federal government come out from what you guys just said,

[3:27:41] in support of that, could very well overturn what we are doing.

[3:27:46] We need to be ready with guardrails.

[3:27:48] We need to be ready, if they say no,

[3:27:54] Frederick County you cannot do that.

[3:27:56] You cannot deny data centers.

[3:27:57] It is a national emergency.

[3:27:59] Okay.

[3:28:02] Then we have to have a set of ordinances that says

[3:28:05] they need to be underground.

[3:28:07] They need to be 5000ft from my residence that is occupied.

[3:28:11] They need to be on competent ground, not this current stuff

[3:28:16] that we have.

[3:28:17] And probably half a dozen other things

[3:28:20] that we could put in an ordinance that says if we ever

[3:28:27] have a situation where we were forced to have data centers,

[3:28:32] we would have to set a rule that makes them good neighbors.

[3:28:36] If -- what is a good neighbor it is somebody that is unintrusive

[3:28:41] to you, doesn't impact you, helps you when you need help.

[3:28:48] And it contributes to the neighborhood.

[3:28:52] There may well be cases in Frederick County that

[3:28:58] are far enough away where it will be a good neighbor

[3:29:03] and meet the ordinances that we have in place.

[3:29:05] We don't have them in place right now.

[3:29:15] Chairman Stowe:

[3:29:15] Chairman Stowe: Anything else to my left.

[3:29:17] I will agree.

[3:29:21] >> I will agree.

[3:29:22] Just every -- so many people came up to the microphone very

[3:29:27] few people had more than pad and paper.

[3:29:29] I think in the right place with the right infrastructure we

[3:29:34] are not set for it right now.

[3:29:36] We do not have the power and capabilities

[3:29:38] to do what was proposed.

[3:29:41] Again, technology keeps changing.

[3:29:44] Who knows what is going to power the data

[3:29:46] center in a year or two.

[3:29:48] But I do like the CUP process because it

[3:29:56] does give the public input on how it is sited.

[3:30:01] >> Mr. Chairman, can I make a recommendation?

[3:30:04] >> Please.

[3:30:06] >> I move to recommend that the Board of Supervisors approve

[3:30:09] the ordinance modification, item nine C to remove data centers

[3:30:13] as permitted and or conditional use and to remove other

[3:30:18] references to data centers, including definitions

[3:30:21] and additional regulations for specific uses.

[3:30:26] >> Second.

[3:30:27] >> We have a motion and a second any additional discussion?

[3:30:40] >> A yes vote is removal of data centers.

[3:30:49] [Members Voting]

[3:30:54] motion carries.

[3:30:58] Chairman Stowe: This will go to the Board of Supervisors

[3:31:02] on September 23rd.

[3:31:06] >> Thank you come on Mister Chairman.

[3:31:08] As a follow up to the last item this was also a direct that came

[3:31:11] from the Board of Supervisors that came on August 12th, 2026.

[3:31:13] That was the proposal to amend chapter 165 zoning

[3:31:17] Ordinance to remove the term, technology and manufacturing

[3:31:21] part zoning district and other references to the TM Zoning

[3:31:25] District from the ordinance which are outlined

[3:31:28] in your packet, which will I will not

[3:31:30] try to enumerate here because it is throughout their.

[3:31:33] The TM district was crafted to provide

[3:31:36] areas for economic development authority, targeted industries,

[3:31:40] data centers, offices, low impact industrial center

[3:31:44] and manufacturing uses which do not

[3:31:45] create significant noise beyond the property lines, smoke, dust,

[3:31:49] or other hazards.

[3:31:50] I am reading the intent from the original ordinance.

[3:31:53] The district designed to function

[3:31:56] as a business campus like setting with direct access

[3:31:59] to major transportation network and rail facilities,

[3:32:02] and areas where there is availability

[3:32:04] or close proximity to over electrical transmission lines

[3:32:08] the current conditions were adopted in 2024.

[3:32:12] That is what became of your former Om zoning district.

[3:32:17] The requested action this evening

[3:32:22] is an action, recommendation to the Board of Supervisors.

[3:32:29] The DRC did discuss this on the August 27th meeting they did not

[3:32:33] have any comments on this the item is presented for public

[3:32:38] hearing this evening.

[3:32:39] After which we seek a recommendation.

[3:32:43] >> Any questions for Mr. Bishop?

[3:32:45] To my left?

[3:32:47] This is a public hearing.

[3:32:49] If anyone would like to speak to the ordinance amendment,

[3:32:52] this is the time to do so.

[3:32:53] State your name, district and limit your comments

[3:32:55] to three minutes or less.

[3:32:56] You know that we do not have any jurisdiction in Winchester?

[3:33:01] >> I realized that.

[3:33:03] But I also take whatever I gain from here over there.

[3:33:07] >> You are welcome to speak.

[3:33:09] Don't get me wrong.

[3:33:10] I just don't want you to be disappointed.

[3:33:13] >> Whatever I gain from here transport's over there.

[3:33:17] And sometimes I lose.

[3:33:18] But that is okay.

[3:33:19] My name is Arthur Kristen from Winchester over there.

[3:33:27] Basically I'm suggesting that we vote yes to remove these.

[3:33:35] Although I actually take old computers

[3:33:40] and disassemble them, steel parts of them

[3:33:43] and remanufacture them for other people.

[3:33:47] Basically what I am doing , basically if this went away I

[3:33:54] would be running an illegal operation.

[3:33:56] Although I do it from one computer maybe once a month.

[3:34:06] I keep old tube TVs.

[3:34:09] Mostly because of the tubes inside.

[3:34:11] But also because those have what I call a shelf on top.

[3:34:16] Where you throw your magazines and stuff that you don't want

[3:34:20] to lose like your remote.

[3:34:22] Although I lose those to.

[3:34:33] I am also a fan of Doctor Who, who unfortunately

[3:34:36] the last couple of seasons got hammered

[3:34:39] for using AI to fix the older versions of Doctor Who.

[3:34:48] They got slammed by the classic community of Doctor Who.

[3:34:54] I cannot even repeat some of the words that were said.

[3:34:57] It was not good.

[3:35:00] Personally, I watch it.

[3:35:03] My vision sucks, so I don't really care.

[3:35:08] But having said that, I still think

[3:35:10] we should vote yes on this.

[3:35:14] It is along the lines of the other stuff

[3:35:17] and it is cutting down on loopholes.

[3:35:20] That is the big item.

[3:35:23] Cut the loopholes.

[3:35:25] Thank you very much.

[3:35:28] >> Thank you.

[3:35:30] >> Next sign up as Jennifer Smith from Stonewall.

[3:35:36] Is she still here?

[3:35:39] She may have left.

[3:35:41] After that we have Sharlene Anderson

[3:35:43] who we confirmed as not here.

[3:35:44] I think you are up after all, Jack.

[3:35:52] >> Hello, Jack Tinsley, Gainsboro.

[3:35:53] Not trying to break anything.

[3:35:54] A couple of things.

[3:35:55] Executive orders come and go with presidents.

[3:35:58] We don't have to worry about them too much.

[3:36:00] You have four years.

[3:36:01] That is one thing.

[3:36:03] The other thing is, the only time you can be brave

[3:36:05] is if you are afraid.

[3:36:08] When it comes to whether or not we

[3:36:10] are going to let data centers in or not,

[3:36:13] we have to understand that basically,

[3:36:18] cut everything else away, we are going

[3:36:22] to survive without the data centers.

[3:36:25] We are going to do better.

[3:36:26] We had people talking about --

[3:36:29] Liz said, you can grow a potato from a potato.

[3:36:32] You are not growing anything from a data center.

[3:36:35] The economy is, we are looking at an AI bubble that

[3:36:39] could burst at any moment.

[3:36:40] South Korea and Japan markets are

[3:36:42] tanking because of pulling out of the AI game between China

[3:36:46] and Taiwan, something happens there

[3:36:48] and those microchips become hard to get,

[3:36:50] we are not making those here.

[3:36:52] We don't have that.

[3:36:53] We don't have the rare earth minerals for that stuff.

[3:36:55] We need to invest in things that we

[3:36:57] know are going to keep our families safe.

[3:36:59] That is what we need to invest in.

[3:37:01] We don't need to be worried about data centers

[3:37:03] if we do have data centers here, I am not really worried

[3:37:08] as much about some foreign country

[3:37:10] as I am about corporations who have been pouring

[3:37:13] industrial waste into the ocean, on our land,

[3:37:17] and in our air for longer than I have been alive.

[3:37:20] Blair Mountain in West Virginia was a time

[3:37:23] where coal miners were getting black lung

[3:37:28] and were paid food out of a company script

[3:37:30] and forced into slavery.

[3:37:31] When they tried to revolt, the government,

[3:37:34] along with private businesses, bombed them.

[3:37:36] That is what happened.

[3:37:38] That is what I am worried about with data centers.

[3:37:40] I'm not worried about some economic sense

[3:37:48] of what some other country is going to do.

[3:37:51] I talked with my 401 K people today.

[3:37:54] I was like, how can I reduce this to 0%

[3:37:57] because I am so worried about climate catastrophe

[3:38:00] and the economy, the way it is looking

[3:38:03] and all of these wars happening all over the place.

[3:38:05] I don't think that I'm going to make it to retirement age.

[3:38:08] I don't have kids because of this.

[3:38:09] I would love to have a family.

[3:38:12] Data centers is not going to be the way to get to that.

[3:38:16] I want to see a prosperous country with people who

[3:38:20] will live long healthy lives.

[3:38:21] It is not going to happen through that.

[3:38:23] Be brave.

[3:38:24] Continue doing what you are doing come up please.

[3:38:27] Be brave.

[3:38:28] You cannot be brave unless you are scared.

[3:38:30] That is okay.

[3:38:30] That is all that I have got.

[3:38:32] Thank you.

[3:38:41] >> Elizabeth Taylor, back Creek.

[3:38:43] I work in the UN --

[3:38:44] AI industry.

[3:38:45] I've been onboarding AI technology

[3:38:46] for a multi-billion dollar company since the inception.

[3:38:49] I understand how many servers are

[3:38:50] required to be able to functionally use

[3:38:52] AI in our economy.

[3:38:53] It is not being used for that.

[3:38:55] It is not being used for our economy.

[3:38:57] It is not being used for our people.

[3:38:59] There are enough servers, space and data centers

[3:39:02] throughout our nation to be able to accommodate

[3:39:04] our needs as American citizens, in addition to

[3:39:07] the militarization packaging and planning.

[3:39:09] What I am saying is the data centers are used

[3:39:12] to oppress us, not protect us.

[3:39:15] It is like what Jack said.

[3:39:17] All of this data, this is what they're

[3:39:19] going to use to control us.

[3:39:21] They are building these throughout the entire nation

[3:39:23] in order to be able to keep us down, not to keep us safe.

[3:39:27] You have to see the bigger picture here.

[3:39:29] Our economy functions on AI, yes.

[3:39:32] We have as many data centers as we need.

[3:39:35] China only has 400 data centers.

[3:39:37] They are dropping them at the ocean and spending

[3:39:39] trillions of dollars on war but in building the infrastructure.

[3:39:43] The bridges with communities.

[3:39:45] Everyone has houses.

[3:39:46] I am saying they juxtaposition is, yes, I agree,

[3:39:51] we need technology.

[3:39:52] I onboard it.

[3:39:53] I help build these systems.

[3:39:55] That's why I know so much about them.

[3:39:57] What I am saying is they are building the data centers

[3:39:59] in order to use flock cameras, using surveillance

[3:40:02] and the cameras with corporations

[3:40:05] to continue to oppress us and restrict us to continue

[3:40:08] to restrict our money.

[3:40:09] Drop off the dollar like dropping the 401 K on Bitcoin.

[3:40:13] These are all real things happening.

[3:40:15] I know that it feels abstract and terminator,

[3:40:18] but the illusion will fall eventually within months.

[3:40:21] These AI centers.

[3:40:23] All of these companies are about to go public at the same time.

[3:40:26] They're going to dump the dollar.

[3:40:27] That is going to happen in the next 12 months.

[3:40:29] Even though we are ahead of the game with what they are telling

[3:40:32] you this is coming and it makes it so much more important

[3:40:35] for us to band together in Frederick County

[3:40:38] and keep our sovereignty.

[3:40:39] To keep our community solid.

[3:40:40] We cannot fix the whole problem of all of the world's.

[3:40:43] We cannot fix national agendas or fight against foreign nations

[3:40:46] by ourselves we can't protect each other.

[3:40:48] That is what we need to do.

[3:40:50] I will fight for you and thank you for fighting for us tonight.

[3:41:01] >> Teresa come on you want to speak now is the time.

[3:41:11] >> Six G is so real and nothing you can imagine.

[3:41:14] It is a digital plan of the earth come

[3:41:17] a city come a people come up birds come a

[3:41:20] and they want it to watch us.

[3:41:23] Everything.

[3:41:24] Every movement every object moving.

[3:41:28] A digital twin.

[3:41:30] Flock cameras.

[3:41:32] Real.

[3:41:33] Happening.

[3:41:34] Thousands.

[3:41:34] Happening.

[3:41:35] Drones.

[3:41:36] Activated by the flock.

[3:41:39] Freedom lost every day.

[3:41:41] What do we need?

[3:41:42] We need food, water, and jobs.

[3:41:45] 93 million white collar jobs gone by 2030.

[3:41:49] Elon Musk says within five years there

[3:41:55] will be no emails and no apps, and no phones.

[3:41:58] He had a hard time describing what there will be.

[3:42:02] The elite that are creating this talk openly

[3:42:07] about where they will get the money to create it.

[3:42:10] Shaking the 401 K openly in their little Ted talks.

[3:42:18] Don't be disillusioned by federal government scaring you.

[3:42:23] Yes, we are at war.

[3:42:25] We don't need 4000 more data centers which

[3:42:28] are due to be built already.

[3:42:30] Do we need to build them here quacks like she said?

[3:42:34] Can we just keep our own bubble here?

[3:42:36] Can we try to keep it a little longer?

[3:42:39] I don't know much -- how much time we have.

[3:42:43] Not to be like --

[3:42:46] I am serious.

[3:42:48] I think we've been down here in a different world

[3:42:51] and you've been over there doing this.

[3:42:52] Maybe we have seen some things that you

[3:42:54] don't see here some people work for the government

[3:42:56] and know some things.

[3:42:57] I am just saying come on we need to be focused on food come

[3:43:00] on water come on jobs come on safety, security can we do that?

[3:43:05] Can we be a little bit more sane?

[3:43:07] Can you look into six G. There is not a lot of information

[3:43:10] out there.

[3:43:11] I know some people.

[3:43:14] That is all that I'm saying.

[3:43:15] Take it very seriously.

[3:43:16] We are not conspiracy theorists.

[3:43:19] This is real.

[3:43:21] >> Thank you.

[3:43:31] I don't see anyone else.

[3:43:33] I'm going to close the public meeting.

[3:43:37] Anyone else to my left or right?

[3:43:40] Go I am glad to entertain a motion.

[3:43:44] >> Mr. Chair I move to recommend that the Board of Supervisors

[3:43:46] approve the ordinance modification to remove the TM,

[3:43:50] technology manufacturing part zoning district and other

[3:43:55] references to the TM Zoning District from the ordinance.

[3:43:58] This is item nine D on our agenda.

[3:44:02] >> Second.

[3:44:08] Chairman Stowe: Any discussion the motion is to remove it

[3:44:10] from the ordinance.

[3:44:12] Mr. Whitaker would you vote a yes vote for the removal.

[3:44:27] [Members Voting]

[3:44:40] Chairman Stowe: The motion carries.

[3:44:40] This goes to the Board of Supervisors September 23rd.

[3:44:43] You are all our endurance kings and Queens.

[3:44:46] We have made it.

[3:44:47] Mr. Bishop.

[3:44:49] >> Yes come sir.

[3:44:59] Chairman Stowe:

[3:44:59] Chairman Stowe: I have an omission

[3:44:59] for the Planning Commission.

[3:45:00] I asked Mr. Bishop to add a agenda every time

[3:45:03] we meet for the Planning Commission type of node

[3:45:06] because I am one who likes to continue to learn.

[3:45:08] We are going to hold out until next meeting.

[3:45:14] >> That wasn't on your agenda tonight for an actual item

[3:45:17] either.

[3:45:17] You will be hearing from us about it

[3:45:20] as we work to form a list of items

[3:45:23] which we will plan to bring over a number of meetings.

[3:45:28] Chairman Stowe: With that I'm glad to entertain

[3:45:31] a motion for adjournment.

[3:45:34] >> Motion.

[3:45:38] Chairman Stowe: The motion is here.

[3:45:40] Everybody have a safe trip home.

[3:45:41] Thank you for coming out.

Planning Commission

Agenda

Transcript