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[Captioner present]

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>> You are beautiful in all of your ways.

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In the name of Jesus Christ Amen.

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>> Please join us for the Pledge of Allegiance.

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>> "I pledge allegiance to the Flag of the United States

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of America, and to the Republic for which it stands,

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one Nation under God, indivisible,

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with liberty and justice for all,

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.

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>> Thank you.

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Adoption of the agenda planning Commission the motion

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to adopt the agenda.

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All those in favor.

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Any opposed and we have an agenda item five

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is the employment of John Bishop a secretary of Planning.

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First I would like to congratulate

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Mr. Bishop on his appointment as Director

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of Planning and Development for Frederick County

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congratulations sir.

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Now we need to make him responsible for taking

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all of our notes.

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I will be glad to accept a motion

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to appoint Mr. Bishop as Secretary

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of Planning Commission.

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>> A second.

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>> A motion and a second all those in favor signify by saying

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aye

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>> I'd also like to completed our Certified Planners course.

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If you are the Planning Commission

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you are expected to go to Richmond

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and participate in a course that Virginia Commonwealth

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University puts on.

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There are two days at the beginning of the course

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and two days at the end.

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It goes on for four months.

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It is where we learn about the laws in Virginia and land.

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Basic land planning a lot of the things

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that you hear us talk about up here, some of the terms

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that we throw around.

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He recently finished the course.

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Is there anything that you'd like to say about the course.

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Turn your microphone on.

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>> When I was appointed to this commission it wasn't exactly

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what my background was.

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A lot of the language and the details were somewhat beyond me.

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I didn't know what I didn't know.

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The two day workshop and three day work at home

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really gave me the awareness that I

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think that I needed to at least know

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what questions I need to ask.

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I think that is very important when you are serving

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on a panel of this nature.

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The other plus of it as well and I might say,

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is the interaction between other commissioners.

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There was a Board of supervisors, city council

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people.

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And executives down there as well.

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That intermingling and understanding

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of what is happening in the state

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and what they are being challenged by

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was also very helpful.

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The only thing were the two tests we have to deal with.

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The Planning Commission Guide zoning 101 and of course

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the Comprehensive Plan.

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It was also very interesting that all of the commissioners

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down there were involved in either developing or revising

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the plan.

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That was interesting as well.

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I would say it was very beneficial for me.

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Chairman Stowe:

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that leads us to item six.

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We have meetings dash I would be glad to move

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the adoption as presented.

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All in favor say aye

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>> The DRC development review and Regulations Committee met

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on August 27th.

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And it reviewed several proposed ordinance updates, two of which

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are on the agenda tonight and a few are in the future.

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The first one was phase one ordinance amendments

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reviewed policy related updates to the zoning and subdivision

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ordinances recommended through the Park League group

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to provide modernization efforts there was an effort

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to update legislative updates for the proposed amendments

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to county ordinances with recent changes to the Code of Virginia.

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We discussed a proposal to remove data centers

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as a permitted use in all zoning ordinances

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and as a conditional use permit.

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We reviewed a proposal to eliminate and remove the TM,

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technology manufacturing zoning ordinance

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and then the final item was battery energy storage systems.

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We discussed what that looks like and discussed

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whether we would allow battery storage facilities in Frederick

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County.

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Thank you.

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Thank you.

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Chairman Stowe

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>> There was one rezoning that we took a look at that was

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the Gibson Properties rezoning down on route 27.

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Route 277 Fairfax Pike and 522.

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There were a couple of properties involved in that

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and the applicant was talking about removing

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one of the three parcels that they had talked about.

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I think there are going to be changes

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to that as it comes along.

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From rural to M1, we did talk about that.

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I don't think there was anything significant

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with historic resources related with that property we also

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looked at a number of comprehensive plan amendments.

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One of those was for some land around the airport

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and two properties over next to where the Walmart is on 522.

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I am sorry on 50 come up back behind there.

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Those were all kind of related to the Shenandoah

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Valley Battlefields Foundation and the uses of the properties.

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Finally, there was a comprehensive plan amendment

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request by, Lyman Stone for the property

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up by the existing Quarry.

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There were no historic resources that were found up there either.

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>> Any community reports to the right to my left,

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committee reports?

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Go okay.

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Council Member McKay:

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the councilman authority met on the 24th also.

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They talked about one of the things

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that was budgeting and coming up with funding

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to pay for the operations and education

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and that is dealing with the Finance Committee.

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They are looking for that to get resolved.

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They talked about the transmission corridor

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and had a discussion about the taking of land

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and what to Do about it.

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They began drafting an opposition resolution

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to the taking of land relative to these transmission corridors.

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They also had discussed the access to the website.

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The website is being improved and it

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will include a portal to enhance the access

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to it and the content.

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Finally, the committee was given a briefing on the Comprehensive

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plan and related Preservation for the Comprehensive Plan

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drafting efforts, and how to get involved in it.

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That is it.

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>> Thank you sir.

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Council Member Bottorf: I've got about five highlights.

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Rainfall continues to be problematic.

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We have many areas of seeing the localized storms.

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Frederick water remains a good position

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however with the continued lack of rain.

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On August 18th Frederick had a meeting with Wiley Wilson

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and Burns McDonnell to give us a presentation on phase two.

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Fortunate the initiative will allow Frederick Water

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to use the East Pit that is capable of holding

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1.7 billion gallons of water.

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The next meeting, next week, we will have a meeting

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to hear the final maximum guaranteed price

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and be asked to authorize the project.

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Contractors are working with the county obtaining

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necessary permits for the phase one, which

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involves the construction of the intake line,

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and pipeline from the peck and creek over to the east pit

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Frederick Water this summer has finished three bulk filling

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stations with anyone needing potable water.

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These are located at Deal and Anderson at Sunnyside Plaza.

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There is a credit card reader and you

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can purchase as low as 100 gallons in increments

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of 100 gallons a day time.

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There are two connections of a water hose and a 2.5in water

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connection.

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Board authorized sending a comment letter

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opposing two locations of the Valley Link power lines.

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The northern route crosses directly

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over Frederick Water property where we will have a treatment

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plant in the future, and the southern route

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passes right next to the limited storage tank on 277.

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Chairman Stowe:

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thank you sir any to my right?

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Co

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Chairman Stowe:

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we talked about the smart scale of funds.

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That the county put forward in smart scale.

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These are exit 307 bridge replacement and interchange

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upgrades.

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Route 50 safety improvements, the Siler Road intersection.

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Route 50 West at Stony Hill Road.

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Route 522 improvements at route 37.

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Apple Pie Ridge Road.

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Route seven gateway area upgrades.

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Route seven and Greenwood Road intersection upgrades Brook

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if you want to know more about those

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projects you can find it on the county website

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in the transportation section.

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The Board of Supervisors, it was recommended

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to the Board of Supervisors that the county proceed

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with the current stance, and that is providing a 20% funding

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commitment to the projects.

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There was also a discussion about through truck restrictions

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on Jones Road and Koegel Road.

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They will be doing a study of traffic counts

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to see what is going on as far as trucks

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and determine what may be needed.

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On August 24th, Transportation Committee met again,

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aside from things I had just mentioned,

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there was a concerned citizen who came forward,

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concerned about pedestrian movements and e-bikes on Fort

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Collier Road.

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And some of the way these things are operating out in traffic.

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The Sheriff's deputy said this is a problem not

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just on Fort Collier Road, but several places.

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That is going to be reviewed by the Sheriff's department

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and VDOT.

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the second thing I want to report is on July 23rd we had

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a joint meeting with the Board of Supervisors.

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The Planning Commission to review the comprehensive plan

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update..

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The joint working session.

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There were a variety of things.

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There is a video of the meeting that is available.

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One of the things I wanted to highlight,

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a poll was taken of the participants in the meeting.

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The poll had several questions that were provocative.

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One of them was do you support removing current alignment

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of route 37 eastern bypass.

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This is the one that has been on the map for 30

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plus years, or however long.

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Since Moby Dick was a minnow.

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That was unanimous.

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We need to get that off of there come up because it

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doesn't make sense anymore.

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We cannot afford it.

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Another one was, should the plan update specify new regional park

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amenity to include indoor elements, such as pool,

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or recreation center.

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Again, unanimous.

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We need to do that with one.

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The immediate thing that needs to be addressed in the plan

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is economic development and providing

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opportunities for the future.

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With that, I will turn it over to Winchester Planning

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Commission.

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We have the chairman with us this evening here good evening,

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sir.

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>> A quick update.

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Through Winchester Planning Commission

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will have a retreat as the first retreat ever later this month

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we are excited about planning that.

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Most of this month was batch text amendments.

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They are made necessary under state law.

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We have to update it.

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Some of the items are discretionary

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where we are handling some updates to neighborhood design

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districts.

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Lastly, we are examining ways of streamlining

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the process of applications for individuals.

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Right now, there are many processes

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related to the work session, planning commission, and all

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of these other items.

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We are really excited about streamlining the process,

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offering waivers, and trying to get people approvals if they do

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deserve them, if as quickly as possible and eliminate a lot .

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That is it.

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>> Thank you very much.

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We also have our dynamic duo from the Board of Supervisors

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with us this evening.

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Dr. Orndorf

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, good evening sir.

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>> I have a few items from the August 12th Board of Supervisors

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meeting for conservation Authority --

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Eastman authorities.

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There were three year appointments

268
00:20:27,751 --> 00:20:31,630
for three year terms for Philippines, Dianne Kearns

269
00:20:31,630 --> 00:20:35,888
and I were appointed liaison for another three years.

270
00:20:35,888 --> 00:20:41,288
Also actions by the board , the ordinance amendments subdivision

271
00:20:43,988 --> 00:20:48,648
and zoning ordinance updates phase one companion amendments

272
00:20:48,648 --> 00:20:54,480
were sent forth to public hearing the legislative update ,

273
00:20:56,768 --> 00:21:00,788
again ordinance amendment sent forth the public hearing

274
00:21:00,788 --> 00:21:03,654
and then the ordinance amendment on data center removal

275
00:21:03,654 --> 00:21:07,868
as an allowed use was sent forward to public hearing

276
00:21:07,868 --> 00:21:09,680
as well.

277
00:21:09,680 --> 00:21:13,868
With that, Mr. Chairman, that concludes my report.

278
00:21:16,482 --> 00:21:17,378
Chairman Stowe:

279
00:21:17,378 --> 00:21:19,660
thank you very much that moves us to item eight,

280
00:21:19,660 --> 00:21:21,618
citizen comments this is a time for individuals

281
00:21:21,618 --> 00:21:23,428
that are welcome to address the Planning

282
00:21:23,428 --> 00:21:25,828
Commission about any matter not on our agenda

283
00:21:25,828 --> 00:21:27,921
this evening as a public hearing.

284
00:21:27,921 --> 00:21:31,180
If you want to state to speak please state

285
00:21:31,180 --> 00:21:33,628
your name, your district and limit your comments

286
00:21:33,628 --> 00:21:35,188
to three minutes or less.

287
00:21:35,188 --> 00:21:37,641
Would anyone like to address the Planning Commission.

288
00:21:37,641 --> 00:21:40,888
>> We have two signed up beginning with Theresa Ostertag

289
00:21:40,888 --> 00:21:43,868
and followed by Nicholas Edward.

290
00:21:43,868 --> 00:21:44,641
>> Theresa?

291
00:21:44,641 --> 00:21:46,641
Co --

292
00:21:53,693 --> 00:21:56,680
>> She would like to be added to the ordinance amendment.

293
00:21:56,680 --> 00:21:58,328
>> She put her name on the wrong list.

294
00:21:58,328 --> 00:22:00,148
>> We will take care of that.

295
00:22:00,148 --> 00:22:03,188
>> The name after hers was Mr. Nicholas Edward.

296
00:22:03,188 --> 00:22:04,880
>> Mr. Edward?

297
00:22:04,880 --> 00:22:05,534
Co

298
00:22:05,534 --> 00:22:07,534
>> Good evening, Sarah.

299
00:22:08,280 --> 00:22:10,701
>> I'm Nicholas Edward of the Gainsborough District.

300
00:22:10,701 --> 00:22:13,648
I think we are going to hear a lot of information

301
00:22:13,648 --> 00:22:15,668
about data centers and their impact.

302
00:22:15,668 --> 00:22:18,108
I am not going to speak directly to that,

303
00:22:18,108 --> 00:22:20,532
but I do live on old Baltimore Road, which

304
00:22:20,532 --> 00:22:23,222
is one of the areas that is about less than half

305
00:22:23,222 --> 00:22:28,888
a mile from the proposed valley linked next era energy

306
00:22:28,888 --> 00:22:31,840
transmission lines that will be seriously affected.

307
00:22:31,840 --> 00:22:35,884
Living in that area I have special appreciation,

308
00:22:35,888 --> 00:22:38,361
over the last 17 years, since my family

309
00:22:38,361 --> 00:22:41,568
and I have purchased a historic house in the area,

310
00:22:41,568 --> 00:22:44,800
of the remarkable character that we have preserved

311
00:22:44,800 --> 00:22:47,972
in this county for the last roughly 300 years

312
00:22:47,972 --> 00:22:50,372
of settlement and farming.

313
00:22:50,824 --> 00:22:55,348
Roughly the last 400 years of settlement here in Virginia.

314
00:22:55,348 --> 00:22:59,212
The historic character, the beautiful rural character

315
00:22:59,212 --> 00:23:03,588
of our farms, our pastors, our historic spaces,

316
00:23:03,588 --> 00:23:06,328
our architecture and the general esthetics that we enjoy.

317
00:23:06,328 --> 00:23:11,572
I think that as we look at data centers as such

318
00:23:11,572 --> 00:23:13,731
an important industrial element that

319
00:23:13,731 --> 00:23:15,898
is coming into our communities all over the country,

320
00:23:15,898 --> 00:23:19,468
but especially here in Virginia and Northern Virginia, that this

321
00:23:19,468 --> 00:23:22,508
is an opportunity to look at what the future of the county

322
00:23:22,508 --> 00:23:23,294
should be.

323
00:23:23,294 --> 00:23:27,494
Should we have a static, beautiful areas?

324
00:23:28,548 --> 00:23:31,900
Should we have development that we know will happen.

325
00:23:31,900 --> 00:23:33,910
We have a we are a fast growing area

326
00:23:33,910 --> 00:23:34,508
should we have development that is

327
00:23:34,508 --> 00:23:37,988
sympathetic to our historic esthetic and rural character,

328
00:23:37,988 --> 00:23:43,231
that looks like Virginia for the next 200, 300, or 400 years

329
00:23:43,231 --> 00:23:44,132
that we will be here.

330
00:23:44,132 --> 00:23:45,900
I think that we should.

331
00:23:45,900 --> 00:23:47,321
I think we should have architectural standards,

332
00:23:47,321 --> 00:23:51,848
esthetic standards that speak to our history, our culture,

333
00:23:51,848 --> 00:23:54,244
and our identity as a specific people.

334
00:23:54,244 --> 00:23:57,238
We have lots of examples from across the Commonwealth

335
00:23:57,238 --> 00:24:00,468
come from places like Williamsburg, James city

336
00:24:00,468 --> 00:24:03,745
County, Henrico County, Chesterfield County, and even

337
00:24:03,745 --> 00:24:05,328
in Northern Virginia where development

338
00:24:05,328 --> 00:24:09,388
has been rampant for decades, of beautiful sympathetic

339
00:24:09,388 --> 00:24:11,848
architectural styles and the esthetic standards that

340
00:24:11,848 --> 00:24:12,768
have gone through.

341
00:24:12,768 --> 00:24:15,616
Even in industrial centers and industrial buildings.

342
00:24:15,616 --> 00:24:18,430
You only need to take a trip down route 29

343
00:24:18,430 --> 00:24:22,328
to see the difference between our beautiful rural route

344
00:24:22,328 --> 00:24:25,280
50 that runs all the way through places like Upperville,

345
00:24:25,280 --> 00:24:27,248
Middleburg, and even out here to Winchester,

346
00:24:27,248 --> 00:24:30,654
and the difference on route 29 between 40 and 60

347
00:24:30,654 --> 00:24:32,768
foot tall concrete block structures

348
00:24:32,768 --> 00:24:34,999
that block out the sun.

349
00:24:34,999 --> 00:24:37,848
I don't know how tall they are, but I

350
00:24:37,848 --> 00:24:40,552
fear that I might find out.

351
00:24:40,552 --> 00:24:43,608
The hundreds and hundreds of megavolt transmission lines

352
00:24:43,608 --> 00:24:45,548
that may come through as well.

353
00:24:45,548 --> 00:24:48,284
Not just for data centers, but for all development

354
00:24:48,284 --> 00:24:51,240
that there is, we should make sure

355
00:24:51,240 --> 00:24:54,972
that what comes into the area is sympathetic to us.

356
00:24:54,972 --> 00:24:58,700
We deserve it as citizens, as people of Virginia,

357
00:24:58,700 --> 00:25:01,516
to live in a beautiful area, and area

358
00:25:01,516 --> 00:25:04,516
that we would be happy to have our children grow up in,

359
00:25:04,516 --> 00:25:06,268
our grandchildren and future descendants.

360
00:25:06,268 --> 00:25:09,532
We do not deserve to have ugly structures,

361
00:25:09,532 --> 00:25:12,532
ugly development and unacceptable --

362
00:25:12,985 --> 00:25:14,610
unsympathetic development that does not

363
00:25:14,610 --> 00:25:18,268
fit in with our transportation, industrial, or economic design

364
00:25:18,268 --> 00:25:20,493
spirit we should be building what works for us,

365
00:25:20,493 --> 00:25:22,268
and if that means more people need

366
00:25:22,268 --> 00:25:25,268
to get involved, more people need to help out,

367
00:25:25,268 --> 00:25:27,982
or assist the board in any way that they need,

368
00:25:27,982 --> 00:25:30,616
I know that I would be happy to work with any of you.

369
00:25:30,616 --> 00:25:33,656
I think that we all need to work together and cut

370
00:25:33,656 --> 00:25:35,918
through any rancor there may be in order

371
00:25:35,918 --> 00:25:41,210
to have a more prosperous future for Frederick County.

372
00:25:41,210 --> 00:25:43,210
Thank you.

373
00:25:44,855 --> 00:25:46,855
[Applause]

374
00:25:51,466 --> 00:25:56,000
>> I am Penny Smith from Opequon district and I have 2 or 3

375
00:25:56,000 --> 00:25:56,654
sentences.

376
00:25:56,654 --> 00:26:01,668
I live in Lake Frederick and I am aware of the Gibson

377
00:26:01,668 --> 00:26:02,208
application.

378
00:26:02,208 --> 00:26:06,988
My distress is not that the land would be developed,

379
00:26:06,988 --> 00:26:13,148
but to go from rural to industrial is a drastic change.

380
00:26:13,148 --> 00:26:17,948
If it was developed for business I could understand that.

381
00:26:17,948 --> 00:26:21,279
Across from 277 would be the Madison

382
00:26:21,279 --> 00:26:24,648
and I have been informed that Valley Health will also

383
00:26:24,648 --> 00:26:27,814
put some sort of health aspect in their.

384
00:26:27,814 --> 00:26:31,568
It is a -- unnatural to float into business.

385
00:26:31,568 --> 00:26:33,548
There are two horse farms that would be

386
00:26:33,548 --> 00:26:36,548
within range, within two miles.

387
00:26:40,524 --> 00:26:42,348
Two horse farms.

388
00:26:42,348 --> 00:26:45,932
There are cows all along before Lake Frederick,

389
00:26:45,932 --> 00:26:52,708
after, up past the solar farm and that is Clark County rural.

390
00:26:52,708 --> 00:26:56,300
There are probably 6000 or more people,

391
00:26:56,300 --> 00:27:00,500
3000 plus Lake Frederick , Madison I don't know, 2000.

392
00:27:03,548 --> 00:27:05,404
There is the trailer park, a community,

393
00:27:05,404 --> 00:27:08,374
so I am extremely concerned.

394
00:27:08,374 --> 00:27:11,374
People band together class action,

395
00:27:12,880 --> 00:27:14,788
or whatever you would call it, group,

396
00:27:14,788 --> 00:27:17,948
legal counsel when it is high density.

397
00:27:17,948 --> 00:27:22,148
We would have at least 6000 people there.

398
00:27:22,414 --> 00:27:28,959
We were informed by John Joel on May 18th at Lake Frederick that

399
00:27:28,959 --> 00:27:32,248
there would be for a data center.

400
00:27:32,248 --> 00:27:37,480
The application has come in , warehouse with storefront,

401
00:27:40,148 --> 00:27:44,708
many warehouse applications have evolved to a data center.

402
00:27:44,708 --> 00:27:50,108
I am concerned about pollution, noise, farming, rural density

403
00:27:50,204 --> 00:27:51,172
in.

404
00:27:51,172 --> 00:27:53,172
Thank you

405
00:27:56,851 --> 00:27:59,268
>> At our next meeting we will have a work session on that

406
00:27:59,268 --> 00:28:00,774
particular rezoning request.

407
00:28:00,774 --> 00:28:02,208
You are welcome to join us then.

408
00:28:02,208 --> 00:28:05,536
I believe it is the 16th, if I am not mistaken.

409
00:28:05,536 --> 00:28:07,328
>> Thank you very much for telling me that.

410
00:28:07,328 --> 00:28:09,560
I will be there.

411
00:28:09,560 --> 00:28:11,560
Thank you.

412
00:28:12,704 --> 00:28:14,704
[Applause]

413
00:28:18,268 --> 00:28:19,435
>> Anyone else wish to speak

414
00:28:19,435 --> 00:28:21,966
>> My name is Leslie Spencer and I live in Gainsboro.

415
00:28:21,966 --> 00:28:22,508
Good evening.

416
00:28:22,508 --> 00:28:25,848
After the joint work session and hearing the comprehensive plans

417
00:28:25,848 --> 00:28:29,410
and survey results, I keep thinking about the bigger

418
00:28:29,410 --> 00:28:31,280
picture of where we are headed.

419
00:28:31,280 --> 00:28:34,760
Sometimes we look at other counties

420
00:28:34,760 --> 00:28:37,108
and what they have done, and assume

421
00:28:37,108 --> 00:28:39,183
that is where we are headed to.

422
00:28:39,183 --> 00:28:41,183
Maybe that isn't.

423
00:28:42,351 --> 00:28:43,768
Frederick County is still unusual.

424
00:28:43,768 --> 00:28:46,928
We still have farmland, forest, water, historic landscapes

425
00:28:46,928 --> 00:28:49,414
and this incredible fertile valley all around us.

426
00:28:49,414 --> 00:28:52,732
We also have major amenities come up markets, and highways,

427
00:28:52,732 --> 00:28:54,419
but we haven't lost our charm.

428
00:28:54,419 --> 00:28:57,528
It feels as though we are trying to grow even more of it

429
00:28:57,528 --> 00:28:59,748
through revitalization by small businesses.

430
00:28:59,748 --> 00:29:01,434
That is so special.

431
00:29:01,434 --> 00:29:04,254
That is why I keep calling us a unicorn.

432
00:29:04,254 --> 00:29:06,508
I think the comprehensive plan survey

433
00:29:06,508 --> 00:29:12,108
results are telling us that people here recognize that to.

434
00:29:12,108 --> 00:29:15,413
They are asking us to think bigger, think harder.

435
00:29:15,413 --> 00:29:16,348
Take housing.

436
00:29:16,348 --> 00:29:19,328
I don't think we should build and build until prices fall.

437
00:29:19,328 --> 00:29:22,248
Especially while people are moving here from expensive,

438
00:29:22,248 --> 00:29:24,932
heavily developed data center counties.

439
00:29:24,932 --> 00:29:27,364
We could chase that demand across our county

440
00:29:27,364 --> 00:29:29,134
and still not solve affordability.

441
00:29:29,134 --> 00:29:33,334
The housing infrastructure, industrial revenue suck --

442
00:29:34,579 --> 00:29:36,620
structure has to go.

443
00:29:36,620 --> 00:29:39,714
We need a local housing plan for the people and the workforce

444
00:29:39,714 --> 00:29:43,540
that we want to keep here which should include our community.

445
00:29:43,540 --> 00:29:46,108
Which should include community land trust,

446
00:29:46,108 --> 00:29:48,636
our own community land trust our county

447
00:29:48,636 --> 00:29:51,608
doesn't have to provide every kind of industrial growth

448
00:29:51,608 --> 00:29:53,840
in American needs.

449
00:29:53,840 --> 00:29:56,558
We will always need food and our soil is rich for that here at.

450
00:29:56,558 --> 00:30:00,188
Our next chapter could be smaller businesses,

451
00:30:00,188 --> 00:30:02,374
b1 and B2 uses.

452
00:30:02,374 --> 00:30:05,568
Offices, rural tourism stores and food markets.

453
00:30:05,568 --> 00:30:06,968
Event venues.

454
00:30:06,968 --> 00:30:12,368
Fun places alongside healthy high wage campuses and tourism.

455
00:30:12,808 --> 00:30:16,388
As more of the world becomes industrialized and developed

456
00:30:16,388 --> 00:30:20,588
come out what we manage to keep becomes more valuable, not less.

457
00:30:20,588 --> 00:30:26,588
Before expanding the UDA , let's see what is possible with

458
00:30:27,161 --> 00:30:28,894
the land we have already designated.

459
00:30:28,894 --> 00:30:31,294
Even outside, rural things.

460
00:30:32,748 --> 00:30:35,628
Once those green spaces on the east side are gone,

461
00:30:35,628 --> 00:30:40,380
we cannot build them back here they are luxury spaces.

462
00:30:40,380 --> 00:30:42,780
This valley has value.

463
00:30:44,788 --> 00:30:48,700
300 years ago, food, water, soil and living systems

464
00:30:48,700 --> 00:30:52,228
could be just as valuable a thousand years from now

465
00:30:52,228 --> 00:30:54,768
we may not find another county that has done exactly what we

466
00:30:54,768 --> 00:30:55,668
are trying to do.

467
00:30:55,668 --> 00:30:57,828
We may have to invent it.

468
00:30:57,828 --> 00:31:02,428
We should, and deserve to be particular about the final

469
00:31:02,428 --> 00:31:03,908
development plans at the East side

470
00:31:03,908 --> 00:31:05,828
and ask what really helps everyone thrive.

471
00:31:05,828 --> 00:31:08,768
I really want to help think about this 20

472
00:31:08,768 --> 00:31:13,280
year comprehensive plan in a healthy, creative, award winning

473
00:31:13,280 --> 00:31:14,484
and even luxurious way.

474
00:31:14,484 --> 00:31:16,250
Frederick County is worth it.

475
00:31:16,250 --> 00:31:18,280
I hope you will join me.

476
00:31:18,280 --> 00:31:20,280
Thank you.

477
00:31:22,880 --> 00:31:24,880
[Applause]

478
00:31:26,144 --> 00:31:27,970
Chairman Stowe:

479
00:31:27,970 --> 00:31:30,970
anyone else come up here.

480
00:31:41,703 --> 00:31:42,828
>> Basically

481
00:31:42,828 --> 00:31:45,654
>> Can you give us your name and magisterial district

482
00:31:45,654 --> 00:31:49,132
>> My name is Arthur Christon and I'm actually from Winchester

483
00:31:49,132 --> 00:31:51,330
which is right over there.

484
00:31:51,330 --> 00:31:56,161
One of the things I am kind of dismayed about

485
00:31:56,161 --> 00:32:01,680
is the courthouse is no longer Ada compliant because it closed

486
00:32:01,680 --> 00:32:04,174
off one of the doors so that you have

487
00:32:04,174 --> 00:32:06,788
to actually come in my case come out

488
00:32:06,788 --> 00:32:08,888
walk clear around the building.

489
00:32:08,888 --> 00:32:11,281
That should have never been done.

490
00:32:11,281 --> 00:32:13,252
I don't know who thought of that.

491
00:32:13,252 --> 00:32:18,520
Secondly, these are now allowed in the courthouse.

492
00:32:20,388 --> 00:32:22,938
This is technically now a medical device.

493
00:32:22,938 --> 00:32:26,261
Monitors my heart rate and other fun stuff.

494
00:32:26,261 --> 00:32:28,314
It cannot leave me.

495
00:32:28,314 --> 00:32:31,428
I had that argument with one of the security guards

496
00:32:31,428 --> 00:32:32,556
at the courthouse.

497
00:32:32,556 --> 00:32:35,941
They allowed me to keep my phone with me.

498
00:32:35,941 --> 00:32:38,936
Mostly because I turned it off so

499
00:32:38,936 --> 00:32:44,292
the alarms would only come to me and nobody would hear.

500
00:32:44,292 --> 00:32:47,894
Those are the two major things that I have.

501
00:32:47,894 --> 00:32:53,294
Finally I would like to see some public transportation

502
00:32:53,788 --> 00:32:57,388
from this area to Laurel Ridge.

503
00:33:00,280 --> 00:33:02,748
Although, we do have sort of a thing

504
00:33:02,748 --> 00:33:06,428
through Winchester, which unfortunately I have never

505
00:33:06,428 --> 00:33:08,688
been able to actually ride.

506
00:33:08,688 --> 00:33:09,888
And I live there.

507
00:33:09,888 --> 00:33:13,488
That is all that I have.

508
00:33:15,348 --> 00:33:18,720
Chairman Stowe: Anybody else Quickscope

509
00:33:18,720 --> 00:33:23,128
seeing none I am going to close the public comments.

510
00:33:23,128 --> 00:33:25,547
I have already closed it, sir.

511
00:33:25,547 --> 00:33:26,728
I am sorry.

512
00:33:26,728 --> 00:33:30,328
This leads us to public hearings.

513
00:33:30,507 --> 00:33:37,107
Public hearing leads us to nine a conditional use permit zero

514
00:33:39,148 --> 00:33:41,148
02-26 Mrs. Feltner

515
00:33:49,126 --> 00:33:53,926
>> Thank you Mr. and of the Planning Commission.

516
00:33:58,908 --> 00:34:00,408
I am sorry.

517
00:34:00,408 --> 00:34:05,527
This is a conditional use permit for a general store

518
00:34:05,527 --> 00:34:06,492
without fuel sales.

519
00:34:06,492 --> 00:34:12,492
The property is located at 5387 Wardensville grade in the back

520
00:34:12,548 --> 00:34:16,121
Crete -- back Creek magisterial district.

521
00:34:16,121 --> 00:34:19,308
The party located on that provides the location in Red.

522
00:34:19,308 --> 00:34:23,628
It is located in the southwest area of the county

523
00:34:23,628 --> 00:34:25,964
adjacent to Near Star Tannery.

524
00:34:25,964 --> 00:34:28,938
The property is located at the intersection of Wardensville

525
00:34:28,938 --> 00:34:32,748
grade come back Mountain Road and Mountain Falls Road.

526
00:34:32,748 --> 00:34:36,188
The structure closest to Mountain Falls Road

527
00:34:36,188 --> 00:34:38,558
and Wardensville grade intersection

528
00:34:38,558 --> 00:34:40,796
is the proposed general store.

529
00:34:40,796 --> 00:34:44,841
These are the applicant's proposal and not conditions

530
00:34:44,841 --> 00:34:47,608
the applicant proposes to operate a general store

531
00:34:47,608 --> 00:34:52,408
without fuel sale inside an existing 1860 square foot

532
00:34:52,998 --> 00:34:54,348
structure.

533
00:34:54,348 --> 00:34:56,272
Hours of operation are from 6 a.m.

534
00:34:56,272 --> 00:34:57,690
Until 9 p.m.

535
00:34:57,690 --> 00:34:57,569
Daily.

536
00:34:57,569 --> 00:34:59,700
Three full time employees with an average

537
00:34:59,700 --> 00:35:02,100
of 65 customers daily, 500 weekly.

538
00:35:03,410 --> 00:35:07,132
This is the sketch plan provided by the applicant showing

539
00:35:07,132 --> 00:35:10,521
the new entrance on Mountain Falls Park and the parking area

540
00:35:10,521 --> 00:35:12,521
improvements.

541
00:35:15,588 --> 00:35:18,538
A general country store without fuel sales

542
00:35:18,538 --> 00:35:22,523
is permitted in the RA with an approved conditional use permit

543
00:35:22,523 --> 00:35:24,898
the zoning ordinance provides for additional regulations.

544
00:35:24,898 --> 00:35:28,128
Requires the use showed dash --

545
00:35:28,128 --> 00:35:31,868
shall adhere to the B-2 general business dimensional standards

546
00:35:31,868 --> 00:35:35,408
for a retail floor area cannot exceed 3500ft².

547
00:35:35,408 --> 00:35:39,800
It cannot include accessory fuel sales.

548
00:35:39,410 --> 00:35:41,578
A site plan is required to be submitted and approved

549
00:35:41,578 --> 00:35:45,600
by Frederick County prior to the establishment of the use.

550
00:35:45,600 --> 00:35:48,748
Any expansion of the use shall require a new conditional use

551
00:35:48,748 --> 00:35:49,248
permit.

552
00:35:49,248 --> 00:35:52,748
Should the Planning Commission find this use to be appropriate,

553
00:35:52,748 --> 00:35:54,738
staff would recommend the following conditions.

554
00:35:54,738 --> 00:35:57,226
All review agency comments and requirements

555
00:35:57,226 --> 00:35:58,768
should be complied with at all times.

556
00:35:58,768 --> 00:36:00,644
A site plan should be submitted to

557
00:36:00,644 --> 00:36:02,208
and approved by Frederick County,

558
00:36:02,208 --> 00:36:05,730
and all improvements completed prior to the establishment

559
00:36:05,730 --> 00:36:06,340
of the use.

560
00:36:06,340 --> 00:36:09,684
All parking shall have a gravel or hard surface.

561
00:36:09,684 --> 00:36:12,828
Hours of operation are from 6 a.m.

562
00:36:12,828 --> 00:36:13,768
Until 9 p.m.

563
00:36:13,768 --> 00:36:14,268
Daily.

564
00:36:14,268 --> 00:36:16,123
Any expansion or change of use shall

565
00:36:16,123 --> 00:36:19,680
require a new conditional use permit this item is

566
00:36:19,680 --> 00:36:20,788
presented as a public hearing.

567
00:36:20,788 --> 00:36:22,388
Staff is seeking a recommendation

568
00:36:22,388 --> 00:36:24,441
from the Planning Commission to forward

569
00:36:24,441 --> 00:36:27,441
to the Board of Supervisors.

570
00:36:29,278 --> 00:36:34,678
Chairman Stowe: Thank you any questions for Mrs. Feltner .

571
00:36:35,714 --> 00:36:37,178
Is the applicant here to speak?

572
00:36:37,178 --> 00:36:39,178
Co --?

573
00:36:44,406 --> 00:36:46,494
>> The applicant is here

574
00:36:46,494 --> 00:36:50,890
>> Could you explain a little bit into the general store

575
00:36:50,890 --> 00:36:51,601
and what is allowed and what isn't.

576
00:36:51,601 --> 00:36:54,681
I just am cautious of this turning into a vape shop

577
00:36:54,681 --> 00:36:56,952
or a liquor store.

578
00:36:56,952 --> 00:37:02,352
What are the parameters to prevent that from happening?

579
00:37:02,508 --> 00:37:05,108
>> The ordinance does define general store and it focuses

580
00:37:05,108 --> 00:37:05,848
on retail.

581
00:37:05,848 --> 00:37:08,714
It doesn't distinguish between the products for sale.

582
00:37:08,714 --> 00:37:15,188
I can let the applicant speak to that, if that would be okay.

583
00:37:15,188 --> 00:37:17,188
>> Yes.

584
00:37:24,640 --> 00:37:25,850
>> My name is Daniel Kelly.

585
00:37:25,850 --> 00:37:28,844
I am, I guess it would be Cross Junction.

586
00:37:28,844 --> 00:37:30,988
We have no intention of that.

587
00:37:30,988 --> 00:37:34,628
It is like bread, milk, beer, cigarettes.

588
00:37:34,628 --> 00:37:37,468
No vape shop or any of that.

589
00:37:37,468 --> 00:37:39,668
It is an old time general store.

590
00:37:39,668 --> 00:37:42,680
That is our intentions.

591
00:37:42,401 --> 00:37:42,994
>> All right.

592
00:37:42,994 --> 00:37:43,908
That is all.

593
00:37:43,908 --> 00:37:45,908
Thank you.

594
00:37:48,228 --> 00:37:50,916
Chairman Stowe: This is a public hearing for anyone

595
00:37:50,916 --> 00:37:54,481
who would like to address this request is welcome to do so.

596
00:37:54,481 --> 00:37:56,978
You can come to the podium and address your name

597
00:37:56,978 --> 00:37:59,360
and magisterial district and keep your comments

598
00:37:59,360 --> 00:38:00,121
to three minutes or less.

599
00:38:00,121 --> 00:38:01,599
Would anyone like to speak?

600
00:38:01,599 --> 00:38:03,193
I am sorry.

601
00:38:03,193 --> 00:38:06,471
This is a CEP and not a rezoning.

602
00:38:06,471 --> 00:38:07,138
Thank you.

603
00:38:07,138 --> 00:38:10,228
Seeing no one I will close the public hearing.

604
00:38:10,228 --> 00:38:12,628
This is Back Creek.

605
00:38:15,201 --> 00:38:19,588
>> I would like to make a motion to approve permit 0246.

606
00:38:19,588 --> 00:38:21,988
Is there a second?

607
00:38:24,788 --> 00:38:26,288
>> We have a motion and a second.

608
00:38:26,288 --> 00:38:27,528
Any discussion?

609
00:38:27,528 --> 00:38:28,548
Okay.

610
00:38:28,548 --> 00:38:30,948
Let's take a vote.

611
00:38:35,774 --> 00:38:37,774
[Members Voting]

612
00:38:44,710 --> 00:38:45,600
Chairman Stowe: The motion carries.

613
00:38:45,600 --> 00:38:50,180
This will go to the Board of Supervisors on September 23rd.

614
00:38:50,180 --> 00:38:52,180
Thank you sir.

615
00:38:52,408 --> 00:38:59,800
This is the latest item nine B. Conditional use permit 03-26

616
00:39:01,378 --> 00:39:03,778
for Winchester Gateway, LLC.

617
00:39:05,228 --> 00:39:07,228
Good evening, sir.

618
00:39:07,975 --> 00:39:10,308
>> Good evening Mr. Chairman and members of the Planning

619
00:39:10,308 --> 00:39:13,348
Commission this is conditional use permit 0326 for Winchester

620
00:39:13,348 --> 00:39:14,628
Gateway LLC.

621
00:39:14,628 --> 00:39:18,610
You will recall that you held a work session on this item

622
00:39:18,610 --> 00:39:22,498
on June 9th and this is the applicant returning to seek

623
00:39:22,498 --> 00:39:24,318
a recommendation from you.

624
00:39:24,318 --> 00:39:27,899
We are at the maximum extent of the clock,

625
00:39:27,899 --> 00:39:31,548
so this evening you are being requested to provide an action.

626
00:39:31,548 --> 00:39:33,996
This is a request for conditional use permit

627
00:39:33,996 --> 00:39:37,212
on 71.85 acres of property that is presently

628
00:39:37,212 --> 00:39:40,140
zoned M-1 Light Industrial the applicant is seeking

629
00:39:40,140 --> 00:39:42,892
to establish a data center campus on this property that

630
00:39:42,892 --> 00:39:46,568
is located at the intersection of Apple Valley Road and Middle

631
00:39:46,568 --> 00:39:49,900
Road in the Back Creek Magisterial District.

632
00:39:49,900 --> 00:39:52,778
Many of you sitting here this evening would recall rezoning

633
00:39:52,778 --> 00:39:56,978
0623 for Winchester Gateway, which was approved in 2024.

634
00:39:57,452 --> 00:40:01,652
That rezoning sought to rezone the property

635
00:40:01,888 --> 00:40:05,654
from R A and M1 to M1 for the establishment

636
00:40:05,654 --> 00:40:06,850
of industrial uses.

637
00:40:06,850 --> 00:40:11,388
And at the time of the rezoning the data center was compliant --

638
00:40:11,388 --> 00:40:14,388
contemplating as a rezoning use.

639
00:40:14,428 --> 00:40:17,488
Many of the proffers that were approved for the rezoning

640
00:40:17,488 --> 00:40:21,880
contemplated including noise and sound attenuation.

641
00:40:21,474 --> 00:40:23,161
For the purpose of the presentation

642
00:40:23,161 --> 00:40:25,268
I will be doing a high level overview.

643
00:40:25,268 --> 00:40:28,148
I think you are all well versed on the project at this point.

644
00:40:28,148 --> 00:40:30,680
I will be focusing mainly on the changes that

645
00:40:30,680 --> 00:40:31,524
were made since the work session,

646
00:40:31,524 --> 00:40:33,228
and also the conditions of approval.

647
00:40:33,228 --> 00:40:37,761
This is your county wide locator map showing the subject property

648
00:40:37,761 --> 00:40:38,580
highlighted in red.

649
00:40:38,580 --> 00:40:42,388
It is between the City of Winchester and Route 37.

650
00:40:42,388 --> 00:40:44,548
This is your zoning and location map

651
00:40:44,548 --> 00:40:48,334
showing the 71 acre industrial zone property, which

652
00:40:48,334 --> 00:40:52,410
is bound by Apple Valley Road, middle road, and route 37

653
00:40:52,410 --> 00:40:53,161
to the west.

654
00:40:53,161 --> 00:40:56,723
It adjoins areas of significant industrial development including

655
00:40:56,723 --> 00:40:58,834
those areas around the Shady Elm Road

656
00:40:58,834 --> 00:41:01,494
here could also joins existing suburban style

657
00:41:01,494 --> 00:41:05,940
residential rural residential, church, and kernstown

658
00:41:05,981 --> 00:41:09,968
battlefield, which is a significant historic resources

659
00:41:09,968 --> 00:41:11,700
for Winchester and Frederick County.

660
00:41:11,700 --> 00:41:14,148
This is your adopted long range land use

661
00:41:14,148 --> 00:41:16,368
plan that is contained in your comprehensive plan.

662
00:41:16,368 --> 00:41:19,392
Again that subject property is outlined in purple.

663
00:41:19,392 --> 00:41:20,768
Is designated blue.

664
00:41:20,768 --> 00:41:23,748
That reflects the existing zoning of the property,

665
00:41:23,748 --> 00:41:27,108
but it has been planned to be an industrial site for longer

666
00:41:27,108 --> 00:41:29,380
than it has been zoned for industrial.

667
00:41:29,380 --> 00:41:32,995
Since your June 9th worth session the applicant has made

668
00:41:32,995 --> 00:41:35,778
changes to the application to address stated concerns from

669
00:41:35,778 --> 00:41:37,138
the Planning Commission.

670
00:41:37,138 --> 00:41:39,680
In your packet this evening you were

671
00:41:39,680 --> 00:41:42,680
provided supplemental elevations, conceptual building

672
00:41:42,358 --> 00:41:44,708
renderings and a modified use of analysis

673
00:41:44,708 --> 00:41:47,800
looking at the buildings from various viewpoints

674
00:41:47,800 --> 00:41:48,160
around the county.

675
00:41:48,160 --> 00:41:50,818
You have been provided an amended sketch plan and site

676
00:41:50,818 --> 00:41:51,318
layout.

677
00:41:51,318 --> 00:41:55,668
They are proposing again three buildings totaling 800,000ft²

678
00:41:55,668 --> 00:41:58,868
within the revised sketch plan they have increased the height

679
00:41:58,868 --> 00:42:03,860
of the berm along Apple Valley Road from 10ft to 14ft and they

680
00:42:03,860 --> 00:42:08,836
have also added a pollinator preservation area on the site.

681
00:42:08,836 --> 00:42:13,396
With the environmental noise study you have provided --

682
00:42:13,396 --> 00:42:16,356
you were provided a height addendum which sought

683
00:42:16,356 --> 00:42:19,578
to evaluate two various heights and areas and how the impact

684
00:42:19,578 --> 00:42:21,964
to noise would be on the surrounding properties.

685
00:42:21,964 --> 00:42:26,740
Whether that be at 45ft as currently conditioned by staff,

686
00:42:26,740 --> 00:42:28,444
or 60ft as proposed by the applicant.

687
00:42:28,444 --> 00:42:31,492
Staff would note that both the applicant sound study --

688
00:42:31,492 --> 00:42:35,908
sorry the applicant sound engineer and the county noise

689
00:42:35,908 --> 00:42:39,140
both believe the impact and decrease of the height

690
00:42:39,140 --> 00:42:42,228
of the building are fairly minimal and not impactful given

691
00:42:42,228 --> 00:42:45,568
the adjoining existing noise on the site primarily driven

692
00:42:45,568 --> 00:42:46,572
by route 37.

693
00:42:46,572 --> 00:42:49,852
You have been provided an amended economic impact

694
00:42:49,852 --> 00:42:50,436
analysis.

695
00:42:50,436 --> 00:42:53,178
A summary of the significant community

696
00:42:53,178 --> 00:42:55,428
outreach the applicant has done since the work session

697
00:42:55,428 --> 00:42:57,685
and the applicant provided a summary and a memo

698
00:42:57,685 --> 00:42:59,680
to all of your comments.

699
00:42:59,680 --> 00:43:01,134
I'm sure that Mr. Lawson will cover

700
00:43:01,134 --> 00:43:03,380
most of these items in his presentation.

701
00:43:03,380 --> 00:43:06,280
This is that revised site layout again.

702
00:43:06,280 --> 00:43:09,258
Three buildings totaling 800,000ft² with generator areas

703
00:43:09,258 --> 00:43:10,908
between the buildings.

704
00:43:10,908 --> 00:43:12,363
Along Apple Valley Road at the top

705
00:43:12,363 --> 00:43:15,548
of the screen is the significant 200 foot buffer that

706
00:43:15,548 --> 00:43:19,294
was proffered with the rezoning and the 14 foot

707
00:43:19,294 --> 00:43:21,513
tall berm is there as well.

708
00:43:21,513 --> 00:43:23,221
In summary come up for your consideration

709
00:43:23,221 --> 00:43:25,662
this evening come up we provide positives and concerns

710
00:43:25,662 --> 00:43:27,498
for as we do for every application.

711
00:43:27,498 --> 00:43:29,578
Staff would note for positives the existing

712
00:43:29,578 --> 00:43:33,530
zoning of the property M1 aligns with the planned future land

713
00:43:33,530 --> 00:43:34,924
use contained in the Comprehensive Plan,

714
00:43:34,924 --> 00:43:39,288
industrial, as does the proposed conditional Use data center.

715
00:43:39,288 --> 00:43:41,468
The application checks many of the boxes

716
00:43:41,468 --> 00:43:43,454
in regards to planned policy and providing

717
00:43:43,454 --> 00:43:46,633
commercial and industrial opportunities in the county that

718
00:43:46,633 --> 00:43:48,998
were designated for those opportunities the proposed

719
00:43:48,998 --> 00:43:52,208
use is expected to result in a substantial reduction in traffic

720
00:43:52,208 --> 00:43:53,988
impacts of the transportation network

721
00:43:53,988 --> 00:43:56,568
compared to other M1 uses, including those that

722
00:43:56,568 --> 00:43:59,484
are currently allowed on site through the rezoning

723
00:43:59,484 --> 00:44:01,188
and the approved proffers.

724
00:44:01,188 --> 00:44:03,508
Staff would note that the noise generated

725
00:44:03,508 --> 00:44:06,460
by the operation of the data facility at this site

726
00:44:06,460 --> 00:44:09,481
during most hours of the day is comparable to or less

727
00:44:09,481 --> 00:44:10,937
than the baseline noise currently

728
00:44:10,937 --> 00:44:12,948
in the vicinity of the project.

729
00:44:12,948 --> 00:44:16,360
Again, route 37 is a significant driver of the noise

730
00:44:16,360 --> 00:44:18,208
and the noise generated by the facility

731
00:44:18,208 --> 00:44:21,410
is less than the noise currently being generated by route 37.

732
00:44:21,410 --> 00:44:23,858
It is important to point out that piece

733
00:44:23,858 --> 00:44:25,648
of the environmental noise study, which

734
00:44:25,648 --> 00:44:27,718
is a key part of the study that was required

735
00:44:27,718 --> 00:44:29,772
for the conditional use permit.

736
00:44:29,772 --> 00:44:32,608
No application is without concerns.

737
00:44:32,608 --> 00:44:34,896
The facility is proposed in an area

738
00:44:34,896 --> 00:44:37,308
of the county that is identified for core battlefield.

739
00:44:37,308 --> 00:44:39,692
That includes the Kernstown battlefield and the Battle

740
00:44:39,692 --> 00:44:40,608
of Second Winchester.

741
00:44:40,608 --> 00:44:42,868
The project has the potential to impact

742
00:44:42,868 --> 00:44:45,668
significant historic and cultural resources and tourism

743
00:44:45,668 --> 00:44:47,680
in the vicinity of the project.

744
00:44:47,680 --> 00:44:50,140
Staff would note that your historic Resources Advisory

745
00:44:50,140 --> 00:44:53,161
Board which is an advisory body of the Board of Supervisors

746
00:44:53,161 --> 00:44:55,268
come recommended denial of the conditional use

747
00:44:55,268 --> 00:45:00,258
permit request view should shed impact concerns on the building

748
00:45:00,258 --> 00:45:03,430
height and massing despite increased setbacks and enhanced

749
00:45:03,430 --> 00:45:07,243
buffers and screening as significantly double impacting

750
00:45:08,694 --> 00:45:09,496
properties.

751
00:45:09,496 --> 00:45:11,380
Staff believes many of these concerns

752
00:45:11,380 --> 00:45:12,705
may be mitigated through the recommended

753
00:45:12,705 --> 00:45:14,428
conditions of approval and finally, I

754
00:45:14,428 --> 00:45:17,420
think the most significant issue that was raised during the work

755
00:45:17,420 --> 00:45:19,728
session is there remains considerable uncertainty

756
00:45:19,728 --> 00:45:23,241
in the applicant supporting documentation regarding

757
00:45:23,241 --> 00:45:25,628
the existing substation and overhead

758
00:45:25,628 --> 00:45:28,119
utilities at the facility of the site

759
00:45:28,119 --> 00:45:32,210
and if they are able to provide the megawatts to support

760
00:45:32,210 --> 00:45:33,288
the data center at the site.

761
00:45:33,288 --> 00:45:34,728
The total megawatts needed has not

762
00:45:34,728 --> 00:45:36,748
been stated in the application material.

763
00:45:36,748 --> 00:45:41,896
While we did reach out to the oh Shenandoah Valley Electric

764
00:45:41,896 --> 00:45:43,563
they stated they could serve the product

765
00:45:43,563 --> 00:45:45,809
but provided no information about existing lines,

766
00:45:45,809 --> 00:45:47,643
adjoining route 37 or the vicinity

767
00:45:47,643 --> 00:45:49,668
and what would support the project

768
00:45:49,668 --> 00:45:52,506
or whether they would need to site new lines or make upgrades.

769
00:45:52,506 --> 00:45:53,881
The application materials provide

770
00:45:53,881 --> 00:45:56,248
a post work session do not provide any clarity

771
00:45:56,248 --> 00:45:58,788
and if the existing infrastructure can

772
00:45:58,788 --> 00:46:01,961
support the megawatts needed or if upgrades will be required.

773
00:46:01,961 --> 00:46:06,476
We do have a fairly extensive list of conditions of approval

774
00:46:06,476 --> 00:46:09,452
which I will summarize for you.

775
00:46:09,452 --> 00:46:11,948
Again, the intention of conditions of approval

776
00:46:11,948 --> 00:46:13,781
is to mitigate potential impacts of the site

777
00:46:13,781 --> 00:46:15,990
should the Planning Commission find these appropriate

778
00:46:15,990 --> 00:46:18,188
and would like to make a recommendation of approval.

779
00:46:18,188 --> 00:46:20,668
Condition one pertains to the historic resources.

780
00:46:20,668 --> 00:46:24,508
We are recommending phase one archeological survey be

781
00:46:24,508 --> 00:46:26,556
performed for the site.

782
00:46:26,556 --> 00:46:27,973
And the sites that were identified

783
00:46:27,973 --> 00:46:30,556
in the phase one study that was provided with the application.

784
00:46:30,556 --> 00:46:32,118
That a copy of the phase two study

785
00:46:32,118 --> 00:46:35,680
be provided to Frederick County prior to site plan approval.

786
00:46:35,680 --> 00:46:37,228
And that no land disturbing activities

787
00:46:37,228 --> 00:46:40,828
including grading above or below utilities,

788
00:46:40,868 --> 00:46:43,408
should occur within the features identified in the phase one

789
00:46:43,408 --> 00:46:43,908
study.

790
00:46:43,908 --> 00:46:45,574
That all land disturbance activities

791
00:46:45,574 --> 00:46:47,372
would occur outside of those areas that

792
00:46:47,372 --> 00:46:49,340
were delineated in phase one.

793
00:46:49,340 --> 00:46:52,940
Condition two pertains to site access

794
00:46:53,228 --> 00:46:56,411
we would limit the site to one full movement entrance on Apple

795
00:46:56,411 --> 00:46:57,994
Valley Road and the entrance would not

796
00:46:57,994 --> 00:47:00,548
be directly across from any residential homes along Apple

797
00:47:00,548 --> 00:47:03,208
Valley Road as to maintain a continuous buffer

798
00:47:03,208 --> 00:47:07,338
and berm along the frontage for sound attenuation and view

799
00:47:07,338 --> 00:47:08,548
shed mitigation purposes.

800
00:47:08,548 --> 00:47:14,748
We would provide a separate entrance if provided by dash --

801
00:47:14,748 --> 00:47:18,961
needed by the fire Marshal and reviewed the site should be

802
00:47:18,961 --> 00:47:25,820
reviewed by -- and approved by v dot per condition three prior

803
00:47:25,820 --> 00:47:28,461
to site plan approval for each phase of development

804
00:47:28,461 --> 00:47:31,548
and construction Mitigation plan should be submitted for planning

805
00:47:31,548 --> 00:47:33,248
and consideration.

806
00:47:33,248 --> 00:47:35,810
Plan would address at a minimum construction

807
00:47:35,810 --> 00:47:37,596
access and control measures including but not limited

808
00:47:37,596 --> 00:47:39,996
to mitigation measures to implement during weekday

809
00:47:39,996 --> 00:47:42,460
am and peak travel times, and school bus

810
00:47:42,460 --> 00:47:44,688
travel times along those construction routes.

811
00:47:44,688 --> 00:47:47,660
And that the plan would be approved

812
00:47:47,660 --> 00:47:50,828
by the Zoning administration for each phase of development.

813
00:47:50,828 --> 00:47:52,828
Continuing construction management

814
00:47:52,978 --> 00:47:55,548
that a public liaison would be designated

815
00:47:55,548 --> 00:47:57,388
and a phone number and email be provided

816
00:47:57,388 --> 00:47:59,994
to the applicant's website, but also to the county public

817
00:47:59,994 --> 00:48:02,484
information Officer for where there

818
00:48:02,484 --> 00:48:05,248
would be concerns about construction related activities.

819
00:48:05,248 --> 00:48:07,804
That they can be clearly communicated

820
00:48:07,804 --> 00:48:09,908
to the county and applicants.

821
00:48:09,908 --> 00:48:11,958
That any resolution of that would

822
00:48:11,958 --> 00:48:13,756
be handled in a timely manner.

823
00:48:13,756 --> 00:48:16,364
And then if requested by the county,

824
00:48:16,364 --> 00:48:20,168
the applicant would participate in a joint reaction team which

825
00:48:20,168 --> 00:48:23,388
include the staff and Sheriff's office

826
00:48:23,388 --> 00:48:26,428
to address construction related traffic concerns for the project

827
00:48:26,428 --> 00:48:28,188
and having pavement road damages would

828
00:48:28,188 --> 00:48:32,268
be repaired within 120 days of notice from the county.

829
00:48:32,268 --> 00:48:34,808
Condition for pertains to public utilities.

830
00:48:34,808 --> 00:48:37,804
Public water consumption by the subject property would be

831
00:48:37,804 --> 00:48:40,188
limited to 35,000 gallons per day or less.

832
00:48:40,188 --> 00:48:42,858
This was the number that the applicant supplied to Frederick

833
00:48:42,858 --> 00:48:45,988
Water and they agreed to serve no groundwater

834
00:48:45,988 --> 00:48:48,580
resources via private wells or other methods shall

835
00:48:48,580 --> 00:48:52,840
be used for the operation of the primary or accessory uses

836
00:48:52,840 --> 00:48:54,428
on site and that prior to site plan approval,

837
00:48:54,428 --> 00:48:57,278
the sanitary discharge methods should be reviewed and approved

838
00:48:57,278 --> 00:48:58,828
by Frederick County.

839
00:48:58,828 --> 00:49:03,628
Condition five pertains to noise and noise monitoring.

840
00:49:03,654 --> 00:49:06,196
That the maximum noise generated by the operation of the data

841
00:49:06,196 --> 00:49:11,628
center should not exceed 65 DBA and C during daytime hours

842
00:49:11,628 --> 00:49:15,518
and 60 DBA and see by nighttime hours measured in accordance

843
00:49:15,518 --> 00:49:19,170
with the Frederick County Zoning Ordinance section 70501 and that

844
00:49:19,170 --> 00:49:22,428
mechanical equipment installed on the property will be rated

845
00:49:22,428 --> 00:49:25,348
to produce noise that is equal to or less to the equipment that

846
00:49:25,348 --> 00:49:28,244
was studied in the Environmental Noise study prepared by Salas

847
00:49:28,244 --> 00:49:31,280
O'brien and dated November 24th 2025.

848
00:49:31,280 --> 00:49:33,908
And that testing of generator assembly limited to weekdays

849
00:49:33,908 --> 00:49:34,848
between 8:30 a.m.

850
00:49:34,848 --> 00:49:36,848
And 5:00 pm.

851
00:49:37,828 --> 00:49:42,280
Condition seven pertains to power generating facilities.

852
00:49:42,161 --> 00:49:43,921
The power generation for the use shall

853
00:49:43,921 --> 00:49:46,268
be limited to backup generators and in accordance

854
00:49:46,268 --> 00:49:49,924
with condition six, and the use of solar panels.

855
00:49:49,924 --> 00:49:53,654
Condition eight pertains to building height, design,

856
00:49:53,654 --> 00:49:54,690
and architecture.

857
00:49:54,690 --> 00:49:57,680
Maximum height of the principal structure,

858
00:49:57,680 --> 00:50:01,428
including all rooftop -- or sorry rooftop and parapet

859
00:50:01,428 --> 00:50:05,448
screens should not exceed 45ft in height the building should

860
00:50:05,448 --> 00:50:08,620
include a main entrance feature, which must either project

861
00:50:08,620 --> 00:50:11,668
or recess from the main building space and be differentiated from

862
00:50:11,668 --> 00:50:14,928
the remainder of the facade by a change in building material.

863
00:50:14,928 --> 00:50:16,728
That the design of the building facade

864
00:50:16,728 --> 00:50:18,954
should include fenestration of two or more

865
00:50:18,954 --> 00:50:22,180
of the following materials comprising of approximately 30%

866
00:50:22,180 --> 00:50:26,980
of facade concrete block, stone, brick, glass, metal,

867
00:50:27,116 --> 00:50:29,172
or architectural precast concrete.

868
00:50:29,172 --> 00:50:32,648
That at least two neutral earth tone or color palettes

869
00:50:32,648 --> 00:50:34,828
should be used in the building facade.

870
00:50:34,828 --> 00:50:38,212
That the maximum length of any exterior wall facing Apple

871
00:50:38,212 --> 00:50:40,804
Valley road without modulation shall not exceed 100ft

872
00:50:40,804 --> 00:50:44,480
and the minimum modulation depth would be two feet.

873
00:50:44,480 --> 00:50:47,410
The minimum modulation width would be 20ft.

874
00:50:47,410 --> 00:50:49,458
The final building elevations and renderings

875
00:50:49,458 --> 00:50:51,435
would be provided to the county for review

876
00:50:51,435 --> 00:50:53,180
and accepted with the above conditions

877
00:50:53,180 --> 00:50:56,581
prior to the issuance of the first building permit.

878
00:50:56,581 --> 00:50:59,348
Condition nine pertains to buffering and screening.

879
00:50:59,348 --> 00:51:01,710
That a category C type full screen buffer

880
00:51:01,710 --> 00:51:03,668
should be installed along the property frontage

881
00:51:03,668 --> 00:51:07,388
with Apple Valley Road, Middle Road, and route 37.

882
00:51:07,388 --> 00:51:10,668
And that unless otherwise modified below the buffer area

883
00:51:10,668 --> 00:51:12,788
should fulfill the minimum distance

884
00:51:12,788 --> 00:51:16,668
that OPEC screening requirements over the Frederick County zoning

885
00:51:16,668 --> 00:51:17,668
requirements 802.

886
00:51:17,668 --> 00:51:20,248
And along the front of Apple Valley and Middle Road

887
00:51:20,248 --> 00:51:22,708
the buffer distance would be a minimum of 200ft in width

888
00:51:22,708 --> 00:51:26,444
and include a minimum of a 14 foot tall earth and berm plus

889
00:51:26,444 --> 00:51:27,236
a landscape screen.

890
00:51:27,236 --> 00:51:29,678
And that the minimum size at the time of planting

891
00:51:29,678 --> 00:51:32,368
for the landscape screen for all buffer areas

892
00:51:32,368 --> 00:51:35,491
should be an inch and a half caliber deciduous tree.

893
00:51:35,491 --> 00:51:39,900
A six foot tall evergreen tree and a minimum 36 inch tall

894
00:51:39,900 --> 00:51:40,868
evergreen shrub.

895
00:51:40,868 --> 00:51:45,240
That the planting species would be reviewed and approved

896
00:51:45,240 --> 00:51:46,471
at a time of site plan.

897
00:51:46,471 --> 00:51:49,758
Would include a mix of species including at least one Virginia

898
00:51:49,758 --> 00:51:51,788
native variety of deciduous tree.

899
00:51:51,788 --> 00:51:54,612
One Virginia native variety evergreen tree and at least

900
00:51:54,612 --> 00:51:56,178
one native variety shrub.

901
00:51:56,178 --> 00:51:58,441
That in addition to the minimum ten

902
00:51:58,441 --> 00:52:01,548
foot wide landscape easement described above Apple Valley

903
00:52:01,548 --> 00:52:03,468
Road there should be an additional double row

904
00:52:03,468 --> 00:52:04,648
of evergreen trees.

905
00:52:04,648 --> 00:52:06,596
The evergreen tree screen shall include

906
00:52:06,596 --> 00:52:08,724
at least two different varieties of plantings.

907
00:52:08,724 --> 00:52:11,114
One of which should include a Virginia native

908
00:52:11,114 --> 00:52:13,414
it should be bald and burlap and a minimum

909
00:52:13,414 --> 00:52:15,616
of eight feet in height at the time of planting.

910
00:52:15,616 --> 00:52:17,837
And the double row of evergreen trees

911
00:52:17,837 --> 00:52:20,254
should be planted within the limits of the 200 foot buffer

912
00:52:20,254 --> 00:52:22,521
and that the planting should be faced appropriately

913
00:52:22,521 --> 00:52:24,648
within the inactive portion of the buffer

914
00:52:24,648 --> 00:52:27,268
to allow for regular maintenance and mowing.

915
00:52:27,268 --> 00:52:31,468
Condition ten is in regard to signage.

916
00:52:31,568 --> 00:52:34,916
Would be permitted one freestanding monument sign along

917
00:52:34,916 --> 00:52:38,881
Apple Valley Road, not to exceed 50ft² and sign area not

918
00:52:38,881 --> 00:52:40,748
to exceed 12ft in height.

919
00:52:40,748 --> 00:52:43,336
At the base of the sign and the sign face should be

920
00:52:43,336 --> 00:52:45,588
of a material and color palette that is complementary

921
00:52:45,588 --> 00:52:49,428
to the building facade materials and that building a wall mounted

922
00:52:49,428 --> 00:52:53,228
and electronic messaging signs would be permitted --

923
00:52:53,228 --> 00:52:57,628
prohibited on site condition 11 of the standard that all

924
00:52:57,628 --> 00:53:01,516
conditional use permits -- that any change in the use for which

925
00:53:01,516 --> 00:53:04,124
a conditional use permit was granted shall require a new

926
00:53:04,124 --> 00:53:05,252
conditional use permit.

927
00:53:05,252 --> 00:53:07,994
We are at the public hearing stage for this request.

928
00:53:07,994 --> 00:53:09,452
Following your public hearing staff

929
00:53:09,452 --> 00:53:11,280
would be seeking a recommendation

930
00:53:11,280 --> 00:53:13,980
to forward to the Board of Supervisors.

931
00:53:13,980 --> 00:53:16,252
As noted we are at the maximum extent of the time

932
00:53:16,252 --> 00:53:17,968
allocated to the Planning Commission

933
00:53:17,968 --> 00:53:19,948
by the Code of Virginia.

934
00:53:19,948 --> 00:53:23,668
Tonight is your night to provide a recommendation and following

935
00:53:23,668 --> 00:53:26,468
your recommendation, the Board of Supervisors public hearing

936
00:53:26,468 --> 00:53:28,410
will be held on September 23rd, 2026.

937
00:53:28,410 --> 00:53:31,524
I am happy to answer any questions from the Commission.

938
00:53:31,524 --> 00:53:34,613
Ty Lawson is here representing the applicant

939
00:53:34,613 --> 00:53:36,548
and he has a brief presentation.

940
00:53:36,548 --> 00:53:38,948
Thank you Mr. Chairman.

941
00:53:41,781 --> 00:53:45,234
Chairman Stowe: Any questions to my right or left

942
00:53:45,234 --> 00:53:46,338
thank you very much.

943
00:53:46,338 --> 00:53:48,738
Mr. Lawson Quickscope --? .

944
00:53:55,129 --> 00:53:57,688
>> Mr. Chairman and members of the Planning Commission.

945
00:53:57,688 --> 00:53:59,428
Ty Lawson here.

946
00:53:59,428 --> 00:54:01,748
Winchester gateway and I also have a bunch

947
00:54:01,748 --> 00:54:05,308
of folks to my right who are experts

948
00:54:05,308 --> 00:54:08,908
in engineering process, mechanical engineering, sound,

949
00:54:09,748 --> 00:54:12,356
financial experts, and the like.

950
00:54:12,356 --> 00:54:16,558
We are here to respond to any questions.

951
00:54:16,558 --> 00:54:19,262
As Mr. Cline started us off.

952
00:54:19,262 --> 00:54:24,280
We do have a brief presentation and then we look forward

953
00:54:24,280 --> 00:54:27,280
to responding to your questions .

954
00:54:28,749 --> 00:54:30,916
And we expect there will be comments from the public

955
00:54:30,916 --> 00:54:31,978
to respond to as well.

956
00:54:31,978 --> 00:54:34,311
At the end of the day I think we are all looking forward

957
00:54:34,311 --> 00:54:36,311
to your recommendation.

958
00:54:37,668 --> 00:54:40,680
This is our site.

959
00:54:40,108 --> 00:54:43,108
It is a 71 acre site.

960
00:54:43,334 --> 00:54:48,734
It is the property , as Mr. Cline pointed out,

961
00:54:49,988 --> 00:54:51,888
that is already zoned M1.

962
00:54:51,888 --> 00:54:57,848
It is confirmed by the Comp plan to be M1

963
00:54:57,848 --> 00:55:01,228
and he made a great point that it was

964
00:55:01,228 --> 00:55:03,473
called for that long before.

965
00:55:03,473 --> 00:55:05,968
Actually this site was rezoned.

966
00:55:05,968 --> 00:55:08,748
It was actually rezoned several times

967
00:55:08,748 --> 00:55:14,280
it was rezoned once after the property was zoned in 2015,

968
00:55:14,280 --> 00:55:17,500
along with the balance of the property that adjoins it.

969
00:55:17,500 --> 00:55:19,900
And then again in 2023.

970
00:55:21,170 --> 00:55:26,965
And as was correctly pointed out, as at the time

971
00:55:26,965 --> 00:55:29,678
it was moving in the direction contemplated

972
00:55:29,678 --> 00:55:30,748
to be a data center.

973
00:55:30,748 --> 00:55:32,528
A lot of the buffering that was proffered

974
00:55:32,528 --> 00:55:38,528
at the time screening the sound attenuation, and so on

975
00:55:39,476 --> 00:55:41,620
was built in.

976
00:55:41,620 --> 00:55:44,881
That is the site as we are here today.

977
00:55:44,881 --> 00:55:46,500
We are zoned m1.

978
00:55:46,500 --> 00:55:50,100
I believe we eliminated two uses.

979
00:55:50,268 --> 00:55:58,440
One is a prison and the other is fast food with drive thru,

980
00:55:58,440 --> 00:56:00,440
outside drive thru.

981
00:56:01,548 --> 00:56:05,505
Everything else is allowed under the M1 uses.

982
00:56:05,505 --> 00:56:09,284
We do have some fairly significant screening

983
00:56:09,284 --> 00:56:10,652
for typical M1.

984
00:56:10,652 --> 00:56:13,828
Over and above what would be required under the ordinance.

985
00:56:13,828 --> 00:56:18,224
But of course, and as it was said today,

986
00:56:18,224 --> 00:56:23,240
what we are proposing is a data center ,

987
00:56:23,744 --> 00:56:27,108
which is allowable under M1 under a conditional use permit.

988
00:56:27,108 --> 00:56:31,828
And we, of course, have heaped additional conditions

989
00:56:31,828 --> 00:56:36,628
on this site to allow for that opportunity.

990
00:56:37,588 --> 00:56:43,908
M1, as we pointed out, what is allowed as we sit here today

991
00:56:43,908 --> 00:56:46,908
is various heavy manufacturing warehouse.

992
00:56:50,583 --> 00:56:54,540
In fact, Apple Valley has significant road improvements

993
00:56:54,540 --> 00:56:57,308
on it because of the traffic impact analysis

994
00:56:57,308 --> 00:56:59,610
which came with our rezoning.

995
00:56:59,610 --> 00:57:00,152
That remains.

996
00:57:00,152 --> 00:57:04,388
We are not allowed and not proposing to change any of that.

997
00:57:04,388 --> 00:57:06,374
Office and commercial.

998
00:57:06,374 --> 00:57:08,374
Transportation and utilities.

999
00:57:11,680 --> 00:57:13,934
And generally an industrial park.

1000
00:57:13,934 --> 00:57:16,238
The one thing is the square on the right which requires

1001
00:57:16,238 --> 00:57:18,334
a conditional use permit.

1002
00:57:18,334 --> 00:57:21,934
That is for the data center .

1003
00:57:24,348 --> 00:57:29,148
I think it is important to point out what brings us here.

1004
00:57:29,148 --> 00:57:32,404
We have been distinguished from other sites, which

1005
00:57:32,404 --> 00:57:33,276
are Rezonings.

1006
00:57:33,276 --> 00:57:37,534
They are trying to change agriculture to more intense use.

1007
00:57:37,534 --> 00:57:39,374
We are not.

1008
00:57:39,374 --> 00:57:44,774
What we are is asking for a conditional use

1009
00:57:45,111 --> 00:57:50,748
permit to reduce all of our by right M1 uses to one.

1010
00:57:50,748 --> 00:57:52,808
That is to m1.

1011
00:57:52,808 --> 00:57:56,680
As is in your report comment the code

1012
00:57:56,680 --> 00:57:57,894
Frederick County zoning ordinances

1013
00:57:57,894 --> 00:58:00,868
cited conditions should be reasonably related

1014
00:58:00,868 --> 00:58:03,308
to the proposed use and reasonably

1015
00:58:03,308 --> 00:58:08,168
necessary to address the impacts of that specific application.

1016
00:58:08,168 --> 00:58:13,468
In this case, it is the impacts of a data center.

1017
00:58:13,468 --> 00:58:17,828
And then, we all get that power, as we do for everything

1018
00:58:17,828 --> 00:58:23,488
from the Commonwealth and it comes from the Virginia code,

1019
00:58:23,488 --> 00:58:27,268
which provides Frederick County zoning ordinance may include

1020
00:58:27,268 --> 00:58:29,828
reasonable regulations for the granting

1021
00:58:29,828 --> 00:58:33,703
of the special exception under suitable regulations

1022
00:58:33,703 --> 00:58:35,133
and safeguards.

1023
00:58:35,133 --> 00:58:38,868
I thought what was important, as we are all

1024
00:58:38,868 --> 00:58:41,428
following the law here, the Supreme Court

1025
00:58:41,428 --> 00:58:43,364
spelled out what all of that means.

1026
00:58:43,364 --> 00:58:47,814
It says that although the uses in such special exception

1027
00:58:47,814 --> 00:58:50,681
categories are permissible under the ordinance,

1028
00:58:50,681 --> 00:58:55,148
such permission is to be granted subject to such limitations

1029
00:58:55,148 --> 00:59:00,548
and conditions as public officials may oppose in order

1030
00:59:00,731 --> 00:59:05,324
to reduce the impact of the use on neighboring properties

1031
00:59:05,324 --> 00:59:07,768
and the public to the level which

1032
00:59:07,768 --> 00:59:12,736
would be cause by those uses permitted as a matter of right.

1033
00:59:12,736 --> 00:59:15,996
As we all sit here today, the matter

1034
00:59:15,996 --> 00:59:20,953
of right, the uses of right or all of those M1

1035
00:59:20,953 --> 00:59:23,180
uses with the exception of the two.

1036
00:59:23,180 --> 00:59:26,881
No prison and the impacts that come from that, and then a drive

1037
00:59:26,881 --> 00:59:27,381
through.

1038
00:59:27,381 --> 00:59:31,421
Everything else, and as we proceed tonight,

1039
00:59:31,421 --> 00:59:35,894
our conditions have to be measured against the level which

1040
00:59:35,894 --> 00:59:42,628
would be cause by those uses permitted as a matter of right.

1041
00:59:42,628 --> 00:59:46,828
This is our data center land plan.

1042
00:59:47,328 --> 00:59:49,393
It is the three buildings.

1043
00:59:49,393 --> 00:59:53,593
It shows the Berming, the sound walls

1044
00:59:55,156 --> 01:00:00,948
that we have worked through with you all, and also with staff.

1045
01:00:00,948 --> 01:00:03,180
It does have some key features.

1046
01:00:03,180 --> 01:00:06,828
Number one, they are 60 foot tall buildings.

1047
01:00:06,828 --> 01:00:11,834
Of course, that is the zoning height that was granted in 2015.

1048
01:00:11,834 --> 01:00:15,810
And then also, with the subsequent

1049
01:00:15,810 --> 01:00:19,279
proffered rezoning a couple of years ago.

1050
01:00:19,279 --> 01:00:21,401
We are not going any higher.

1051
01:00:21,401 --> 01:00:24,981
We are staying consistent with that impact

1052
01:00:24,981 --> 01:00:28,204
with a lot of other things associated

1053
01:00:28,204 --> 01:00:29,828
with it 200 foot setback.

1054
01:00:29,828 --> 01:00:33,748
We have now raised the berms to 14ft.

1055
01:00:33,748 --> 01:00:34,828
Heavy landscaping.

1056
01:00:34,828 --> 01:00:39,420
Mr. Klein walked through some of those conditions in the rows

1057
01:00:39,420 --> 01:00:42,680
and trees and the calipers and all of those things

1058
01:00:42,680 --> 01:00:48,902
that are a result of our working with staff to load it up,

1059
01:00:48,902 --> 01:00:49,656
if you will.

1060
01:00:49,656 --> 01:00:52,620
I will show it in the view shed later as

1061
01:00:52,620 --> 01:00:57,548
to what we get from that, in terms of benefits.

1062
01:00:57,548 --> 01:01:00,468
Then on site ponds and delineated wetlands

1063
01:01:00,468 --> 01:01:01,324
are preserved.

1064
01:01:01,324 --> 01:01:05,996
We have been asked about, what is this thing going to look like

1065
01:01:05,996 --> 01:01:08,996
and we have some renderings.

1066
01:01:09,248 --> 01:01:14,480
These are intentionally designed to mock and mimic

1067
01:01:15,520 --> 01:01:17,728
the development on site.

1068
01:01:17,728 --> 01:01:21,868
Apple Valley, for example, and the residential

1069
01:01:21,868 --> 01:01:23,260
across the street.

1070
01:01:23,260 --> 01:01:25,304
The church is further to the right.

1071
01:01:25,304 --> 01:01:27,165
Of course route 37 is in the back,

1072
01:01:27,165 --> 01:01:29,281
and the ponds are on the left.

1073
01:01:29,281 --> 01:01:31,000
Living wall concepts.

1074
01:01:31,000 --> 01:01:35,321
We have agreed to put that in as a condition.

1075
01:01:35,321 --> 01:01:39,532
That is as a result of your comments and others.

1076
01:01:39,532 --> 01:01:43,132
And then views from the neighborhood.

1077
01:01:44,172 --> 01:01:48,236
We did, and Mr. Klein pointed out

1078
01:01:48,236 --> 01:01:49,901
that there were comments about that.

1079
01:01:49,901 --> 01:01:51,610
What is this going to look like?

1080
01:01:51,610 --> 01:01:55,108
What are we going to see from the various vantage points

1081
01:01:55,108 --> 01:01:58,320
looking from across the street?

1082
01:01:58,320 --> 01:02:03,140
From 37, from up on the hill where Shenandoah Valley

1083
01:02:03,140 --> 01:02:04,808
Battlefield Foundation has property.

1084
01:02:04,808 --> 01:02:09,328
Or across the way where Kernstown has battlefield

1085
01:02:09,328 --> 01:02:11,328
property and Viewsheds.

1086
01:02:12,388 --> 01:02:18,388
We went ahead into -- and prepared a detailed Viewshed

1087
01:02:21,288 --> 01:02:21,788
analysis.

1088
01:02:21,788 --> 01:02:25,434
This was subsequent to the HR a meeting.

1089
01:02:25,434 --> 01:02:30,100
We will show you this as we go through it.

1090
01:02:30,100 --> 01:02:31,268
They are very intentional.

1091
01:02:31,268 --> 01:02:33,388
The engineers are here to show you

1092
01:02:33,388 --> 01:02:36,128
how they did what they did but they

1093
01:02:36,128 --> 01:02:41,382
are able in scale and true scale to show what the berms what

1094
01:02:41,382 --> 01:02:44,209
the berms would look like with landscaping

1095
01:02:44,209 --> 01:02:46,212
and the buildings behind it.

1096
01:02:46,212 --> 01:02:48,668
There was discussion about colors

1097
01:02:48,668 --> 01:02:52,321
and trying to paint the buildings in a certain way

1098
01:02:52,321 --> 01:02:56,140
so that they are less visible, which is somewhat

1099
01:02:56,140 --> 01:02:58,508
of a contrast to our neighbors.

1100
01:02:58,508 --> 01:03:00,174
Those were all very bright white.

1101
01:03:00,174 --> 01:03:03,548
We have agreed to those earth tones.

1102
01:03:03,548 --> 01:03:06,134
I will go ahead and jump.

1103
01:03:06,134 --> 01:03:10,448
It shows you what you see from the Viewsheds,

1104
01:03:10,448 --> 01:03:14,901
or what you, in some cases would not see, because the way

1105
01:03:14,901 --> 01:03:20,688
the buildings are placed here because of the way existing

1106
01:03:20,688 --> 01:03:24,288
woods and other vegetation are there.

1107
01:03:25,578 --> 01:03:29,990
And then, of course, especially as you look down

1108
01:03:29,990 --> 01:03:32,868
to the lower two photographs, that is intentional.

1109
01:03:32,868 --> 01:03:38,608
That is the berms with the landscaping on it, all to scale.

1110
01:03:38,608 --> 01:03:43,580
We heard from our neighbors that they have concerns about views.

1111
01:03:43,580 --> 01:03:47,180
To be blunt, we have delivered.

1112
01:03:47,180 --> 01:03:51,170
We have obscured this site, and I cannot help it,

1113
01:03:51,170 --> 01:03:55,948
I will say it again peer compare that to by right industrial.

1114
01:03:55,948 --> 01:04:00,148
This is mitigating a perceived impact significantly.

1115
01:04:05,428 --> 01:04:10,748
This is where we are in a buy right status.

1116
01:04:10,748 --> 01:04:12,748
The industrial plan.

1117
01:04:12,844 --> 01:04:17,668
We had actually done this early on in the process

1118
01:04:17,668 --> 01:04:19,724
and folks had asked us to compare.

1119
01:04:19,724 --> 01:04:22,280
This is what it is.

1120
01:04:22,280 --> 01:04:23,734
The square footage of the building

1121
01:04:23,734 --> 01:04:26,716
is significantly greater than what

1122
01:04:26,716 --> 01:04:32,116
we are proposing to limit ourselves with the conditions.

1123
01:04:32,988 --> 01:04:35,404
Just show the two entrances.

1124
01:04:35,404 --> 01:04:38,248
There were comments about that.

1125
01:04:38,248 --> 01:04:40,648
We proffered two entrances.

1126
01:04:40,798 --> 01:04:43,324
Was, as a result of agency comments.

1127
01:04:43,324 --> 01:04:47,542
For the record, we have no problem with going down to one

1128
01:04:47,542 --> 01:04:52,388
but we do believe that fire and rescue will want two entrances,

1129
01:04:52,388 --> 01:04:56,616
and of course, our design has it coming

1130
01:04:56,616 --> 01:05:00,328
in at an angle for that second entrance.

1131
01:05:00,328 --> 01:05:04,528
You can still accomplish the emergency access,

1132
01:05:04,701 --> 01:05:07,508
but it does do things.

1133
01:05:07,508 --> 01:05:11,577
Blocks the visual because you are going directly

1134
01:05:11,577 --> 01:05:13,628
through the landscaping and the verbs.

1135
01:05:13,628 --> 01:05:18,467
Then it helps with sound a -- sound attenuation.

1136
01:05:18,467 --> 01:05:20,191
There are benefits that come with that.

1137
01:05:20,191 --> 01:05:26,428
This is the sideboard -- side by side of frankly what was

1138
01:05:26,428 --> 01:05:28,828
in the approved design.

1139
01:05:28,828 --> 01:05:31,140
Significant landscaping and berming

1140
01:05:31,140 --> 01:05:36,448
away above what is typically seen in an M1 preferred

1141
01:05:36,448 --> 01:05:36,948
rezoning.

1142
01:05:36,948 --> 01:05:42,628
We did that on purpose and then with the cup

1143
01:05:42,628 --> 01:05:45,340
we have loaded it up even more, starting

1144
01:05:45,340 --> 01:05:51,188
with the base of the 14 foot berms with landscaping on it.

1145
01:05:51,188 --> 01:05:57,788
With that, I would be happy to respond to any questions.

1146
01:05:57,988 --> 01:06:03,208
We were asked to get to -- through the presentation so that

1147
01:06:03,208 --> 01:06:06,400
we could respond quick we do have other reference materials

1148
01:06:06,400 --> 01:06:08,400
in the deck.

1149
01:06:08,212 --> 01:06:13,148
Folks may refer to that, depending on your questions.

1150
01:06:13,148 --> 01:06:15,548
>> Thank you, Mr. Ralston.

1151
01:06:16,281 --> 01:06:17,448
Any questions.

1152
01:06:17,448 --> 01:06:19,448
Mr. Whitaker quick

1153
01:06:19,788 --> 01:06:25,788
>> Do you have a topographical map you can fill --

1154
01:06:26,668 --> 01:06:29,680
pull up for us?

1155
01:06:30,174 --> 01:06:38,108
>> How do I go -- do you want to see the by right or both?

1156
01:06:38,108 --> 01:06:41,295
>> I want to -- see where all of the watershed coming off

1157
01:06:41,295 --> 01:06:45,140
of the building and everything would run to.

1158
01:06:45,140 --> 01:06:48,908
>> The stormwater features for both our building off

1159
01:06:48,908 --> 01:06:54,308
of the existing ponds and as I said before,

1160
01:06:55,548 --> 01:07:01,163
we have several engineers if you would like to talk to the civil

1161
01:07:01,163 --> 01:07:03,563
engineer about their design.

1162
01:07:04,348 --> 01:07:08,548
>> About the runoff directly to the ponds

1163
01:07:11,107 --> 01:07:13,107
>> Josh?

1164
01:07:17,310 --> 01:07:18,948
>> In the event of any of the cooling systems,

1165
01:07:18,948 --> 01:07:23,281
I would imagine that you cooling this with machinery on top

1166
01:07:23,281 --> 01:07:25,281
of the building?

1167
01:07:25,588 --> 01:07:27,588
>> Yes, sir.

1168
01:07:27,601 --> 01:07:29,644
>> In the event of any of those leaking,

1169
01:07:29,644 --> 01:07:34,868
how is that contained and vented from going into the wetland

1170
01:07:34,868 --> 01:07:36,328
areas?

1171
01:07:36,328 --> 01:07:39,680
>> That may be more of a question for the mechanical

1172
01:07:39,680 --> 01:07:43,868
engineer or the plumbing engineer for the building.

1173
01:07:45,599 --> 01:07:47,468
>> Mitchell.

1174
01:07:47,468 --> 01:07:51,641
>> So the air cooled equipment, chillers on the roof,

1175
01:07:51,641 --> 01:07:55,798
will fill up the whole roof with piping that would be within

1176
01:07:55,798 --> 01:07:58,883
the sound enclosures and the screening.

1177
01:07:58,883 --> 01:08:02,127
There is going to be a cistern that

1178
01:08:02,127 --> 01:08:05,163
will be built into the project where stormwater will

1179
01:08:05,163 --> 01:08:08,274
go into first before leaving the cistern

1180
01:08:08,274 --> 01:08:14,274
and going out of the building out onto the property.

1181
01:08:15,184 --> 01:08:17,684
Council Member Whitacre: So what the cistern doesn't contain

1182
01:08:17,684 --> 01:08:20,684
it is just running over?

1183
01:08:20,774 --> 01:08:24,632
>> It is just coming off of the top.

1184
01:08:24,632 --> 01:08:26,700
Council Member Whitacre: So there

1185
01:08:26,700 --> 01:08:28,468
is no system in there to prevent any toxin from getting

1186
01:08:28,468 --> 01:08:30,707
into the wetland area?

1187
01:08:30,707 --> 01:08:33,308
>> The cistern itself, this is in combination with what was

1188
01:08:33,308 --> 01:08:34,363
mentioned last time.

1189
01:08:34,363 --> 01:08:38,633
There is leak detection along the piping as well would

1190
01:08:38,633 --> 01:08:41,113
be one of the requirements.

1191
01:08:41,113 --> 01:08:43,427
That is actually not normal, but that is something

1192
01:08:43,427 --> 01:08:44,688
that we have talked about.

1193
01:08:44,688 --> 01:08:47,485
It is going to add a cost to provide

1194
01:08:47,485 --> 01:08:50,388
all of that additional leak protection piping is insulated

1195
01:08:50,388 --> 01:08:52,303
and wrapped in aluminum Jacketing.

1196
01:08:52,303 --> 01:08:54,848
Below the Jacketing you would have another layer

1197
01:08:54,848 --> 01:08:56,120
with leak detection.

1198
01:08:56,120 --> 01:08:58,188
That would be your early prevention.

1199
01:08:58,188 --> 01:09:03,588
And then there would also be emergency response measures

1200
01:09:03,868 --> 01:09:06,268
with absorption materials, training

1201
01:09:09,188 --> 01:09:11,548
with administration procedures and quick response

1202
01:09:11,548 --> 01:09:18,700
to be able to mitigate any sort of large, significant leaks.

1203
01:09:18,700 --> 01:09:20,132
Small leaks would be captured by the leak detection

1204
01:09:20,132 --> 01:09:24,479
and would not make it to the roof drains.

1205
01:09:24,479 --> 01:09:26,180
Council Member Whitacre: In the event

1206
01:09:26,180 --> 01:09:29,288
that the wetland area does get contaminated,

1207
01:09:29,288 --> 01:09:32,388
who has to pay for that cleanup?

1208
01:09:32,388 --> 01:09:35,448
>> That would be the owner of the property.

1209
01:09:35,448 --> 01:09:39,648
Or the owner of the building facilities.

1210
01:09:39,753 --> 01:09:43,108
Let's say propylene glycol were to get out

1211
01:09:43,108 --> 01:09:45,868
and it is deemed to be a fineable offense

1212
01:09:45,868 --> 01:09:49,388
by the authorities they would be responsible for that.

1213
01:09:49,388 --> 01:09:54,810
The good news is, there is a secondary tertiary measures

1214
01:09:54,810 --> 01:09:59,381
to mitigating it getting outside of the property line.

1215
01:09:59,381 --> 01:10:01,339
Council Member Whitacre: If the cost was so bad

1216
01:10:01,339 --> 01:10:04,888
that it forced you into bankruptcy, then who gets

1217
01:10:04,888 --> 01:10:06,841
stuck with the bill?

1218
01:10:06,841 --> 01:10:11,554
>> I don't know how to answer that question

1219
01:10:11,554 --> 01:10:13,120
Chairman Stowe: Any other questions

1220
01:10:13,120 --> 01:10:15,540
to my right quick questions to my left?

1221
01:10:15,540 --> 01:10:16,109
Okay.

1222
01:10:16,109 --> 01:10:16,942
Thank you very much.

1223
01:10:16,942 --> 01:10:18,280
This is a public hearing.

1224
01:10:18,280 --> 01:10:25,828
I will open the public hearing for this cup 03-26 if you would

1225
01:10:27,154 --> 01:10:30,488
like to speak I would ask you to come to the podium,

1226
01:10:30,488 --> 01:10:33,706
state your name and your comments and limit your comments

1227
01:10:33,706 --> 01:10:35,330
to three minutes or less.

1228
01:10:35,330 --> 01:10:39,288
As we come to this I would like to acknowledge

1229
01:10:39,288 --> 01:10:41,708
e comments from online from the following people

1230
01:10:41,708 --> 01:10:46,148
just in Platt, Stacy Haaga, Kristen Kearns, Michael Rogo,

1231
01:10:46,148 --> 01:10:50,348
Christopher Bradford, Rhonda Jenkins, Jean Lombardo, Jennifer

1232
01:10:50,988 --> 01:10:55,788
Moy, John Netzel, Anna Bradford, Charlotte Lombardo, Lawrence

1233
01:10:57,488 --> 01:11:01,688
Weiss, Ted Mcfadin, Holli Harrington, Meredith Davis,

1234
01:11:02,768 --> 01:11:04,168
and Randy Leach.

1235
01:11:04,168 --> 01:11:08,884
And a few here intended to speak in addition to E comments,

1236
01:11:08,884 --> 01:11:12,300
I would ask -- you are welcome to do so but I would ask that

1237
01:11:12,300 --> 01:11:15,260
you would please allow those who have not submitted e comments

1238
01:11:15,260 --> 01:11:18,781
to first speak, in the interest of time and that you limit

1239
01:11:18,781 --> 01:11:20,948
your statements to new information that you have not

1240
01:11:20,948 --> 01:11:24,308
provided previously included in the written comments.

1241
01:11:24,308 --> 01:11:31,508
With that said, I will open the public hearing and, Mr. Bishop?

1242
01:11:39,251 --> 01:11:41,452
>> The big winner for tonight is Vicki Michaels,

1243
01:11:41,452 --> 01:11:45,761
followed by forgive me if I mispronounced your name,

1244
01:11:45,761 --> 01:11:47,761
Arthur Christiansen.

1245
01:11:56,121 --> 01:11:58,704
>> Good evening, commissioners my name is Vicki Michaels and I

1246
01:11:58,704 --> 01:12:00,780
live in the Stonewall District.

1247
01:12:00,780 --> 01:12:04,694
While gateway plans to use a closed end loop system,

1248
01:12:04,694 --> 01:12:08,194
the saga and that of the data centers in Frederick County

1249
01:12:08,194 --> 01:12:11,124
seems more like a dead end loop.

1250
01:12:11,124 --> 01:12:12,420
Never ending.

1251
01:12:12,420 --> 01:12:16,868
On page six of 16 of the Cup, executive summary,

1252
01:12:16,868 --> 01:12:21,668
the conditional use shall not be, excuse me

1253
01:12:21,804 --> 01:12:24,441
the conditional use shall be in harmony with,

1254
01:12:24,441 --> 01:12:27,658
and shall not adversely affect the use and enjoyment

1255
01:12:27,658 --> 01:12:29,468
of surrounding properties.

1256
01:12:29,468 --> 01:12:33,720
I could end right now and have gotten my point.

1257
01:12:33,720 --> 01:12:36,672
From August 18th, 2026 under proposed use,

1258
01:12:37,625 --> 01:12:39,750
the proposed building and block massing as proposed

1259
01:12:39,750 --> 01:12:45,248
by the applicant, up to 60 foot, excluding any rooftop mechanical

1260
01:12:45,248 --> 01:12:45,748
equipment.

1261
01:12:45,748 --> 01:12:49,920
I would like to know how much height that adds.

1262
01:12:49,920 --> 01:12:53,401
May have a significant impact on area viewsheds,

1263
01:12:53,401 --> 01:12:56,908
particularly from neighboring historic resources and single

1264
01:12:56,908 --> 01:13:01,808
family residential -- residences in the project vicinity planning

1265
01:13:01,808 --> 01:13:06,748
staff have proposed a maximum structure height not to exceed

1266
01:13:06,748 --> 01:13:07,288
45ft.

1267
01:13:07,288 --> 01:13:10,378
I believe that was a condition on here.

1268
01:13:10,378 --> 01:13:14,972
This revised application still costs for three buildings

1269
01:13:14,972 --> 01:13:16,388
of 60ft high.

1270
01:13:16,388 --> 01:13:20,588
April 20th, 2026, the HRAB recommended reject due

1271
01:13:25,790 --> 01:13:29,280
to the impact on economic resources.

1272
01:13:29,280 --> 01:13:32,468
By the nighttime levels exceed the ambient noise levels

1273
01:13:32,468 --> 01:13:36,796
during quiet hours because they are also studying,

1274
01:13:36,796 --> 01:13:39,118
they serve to mask the traffic noise.

1275
01:13:39,118 --> 01:13:39,728
Really?

1276
01:13:39,728 --> 01:13:44,108
The applicant also has a study regarding the 60 foot

1277
01:13:44,108 --> 01:13:48,288
building being quieter than the requested 45 foot.

1278
01:13:48,288 --> 01:13:51,100
Not surprising, a third party examiner

1279
01:13:51,100 --> 01:13:56,428
has some concerns on how that study was technically conducted.

1280
01:13:56,428 --> 01:14:01,228
Why aren't the number of generators listed anywhere

1281
01:14:02,538 --> 01:14:09,873
on the CUP and am I the only one that has a problem with the fact

1282
01:14:09,873 --> 01:14:11,540
that we are building a data center right

1283
01:14:11,540 --> 01:14:17,540
next to a Native American site that predates any contact.

1284
01:14:18,348 --> 01:14:23,741
I am a little bit thrown off in my notes

1285
01:14:23,741 --> 01:14:28,981
because I just read the new agenda that you handed out

1286
01:14:28,981 --> 01:14:29,481
today.

1287
01:14:29,481 --> 01:14:32,520
I had to change what I was saying.

1288
01:14:32,520 --> 01:14:35,678
At the August 12th Board of Supervisors meeting come

1289
01:14:35,678 --> 01:14:38,148
on numerous county residents, including myself,

1290
01:14:38,148 --> 01:14:41,468
asked our supervisors to ensure the ordinance to remove data

1291
01:14:41,468 --> 01:14:45,828
centers as permitted and, or conditional use in certain

1292
01:14:45,828 --> 01:14:48,758
zoning be free of loopholes.

1293
01:14:48,758 --> 01:14:51,368
Requesting that they define a data center and state that they

1294
01:14:51,368 --> 01:14:53,488
are not permitted in all zoning districts,

1295
01:14:53,488 --> 01:14:57,727
rather than removing references to data centers and definitions.

1296
01:14:57,727 --> 01:15:01,850
Based on the information that I just now read,

1297
01:15:01,850 --> 01:15:08,285
on the August 31st Legal memorandum I just want to say --

1298
01:15:10,952 --> 01:15:13,410
I don't know how three minutes went by because I timed this

1299
01:15:13,410 --> 01:15:14,948
and I had my time.

1300
01:15:14,948 --> 01:15:19,582
But I just want to say that we are trusting you

1301
01:15:19,582 --> 01:15:25,308
all to act in a manner that your constituents have shown you,

1302
01:15:25,308 --> 01:15:28,328
what we want and for the good of the people.

1303
01:15:28,328 --> 01:15:30,908
I don't know how you can vote on something

1304
01:15:30,908 --> 01:15:34,214
or approve it when the phase two has not yet been completed.

1305
01:15:34,214 --> 01:15:37,680
You are going to be voting on something to pass it

1306
01:15:37,680 --> 01:15:41,588
through when the archeological survey has not gone through.

1307
01:15:41,588 --> 01:15:43,588
Thank you.

1308
01:15:46,936 --> 01:15:48,936
[Applause]

1309
01:15:50,125 --> 01:15:52,458
>> Next we have Arthur Christian followed by Randy Leach

1310
01:15:52,458 --> 01:15:55,534
and folks, if you could come if you are next to beyond

1311
01:15:55,534 --> 01:15:57,805
the person who is speaking you will have --

1312
01:15:57,805 --> 01:16:01,388
if you could kind of queue up behind them to help everybody

1313
01:16:01,388 --> 01:16:02,528
move along.

1314
01:16:02,528 --> 01:16:05,548
>> I would also ask if you could help please hold your applause

1315
01:16:05,548 --> 01:16:06,148
until the end.

1316
01:16:06,148 --> 01:16:08,231
I know this is an item folks are passionate about.

1317
01:16:08,231 --> 01:16:09,472
We are trying to move along.

1318
01:16:09,472 --> 01:16:11,940
We have 27 speakers.

1319
01:16:11,940 --> 01:16:14,537
Or 27 folks who want to speak and some of you

1320
01:16:14,537 --> 01:16:16,370
have kids that have to go to school tomorrow

1321
01:16:16,370 --> 01:16:19,561
or you have to go to work tomorrow I understand that.

1322
01:16:19,561 --> 01:16:21,334
>> I will try to be short.

1323
01:16:21,334 --> 01:16:25,348
My name is Arthur Kristen from Winchester.

1324
01:16:25,348 --> 01:16:30,748
When I noticed no geological study whatsoever in anything .

1325
01:16:36,724 --> 01:16:40,324
Second, this is an earthquake zone.

1326
01:16:40,948 --> 01:16:44,836
We had an earthquake in Middleville Virginia that ran up

1327
01:16:44,836 --> 01:16:45,494
for --

1328
01:16:45,494 --> 01:16:45,994
522.

1329
01:16:45,994 --> 01:16:50,108
I felt it in my house at that time -- tends to break pipes.

1330
01:16:50,108 --> 01:16:54,274
All of a sudden you break pipes come on giant water pipes

1331
01:16:54,274 --> 01:16:57,468
come I guess what you get in a limestone area?

1332
01:16:57,468 --> 01:16:58,800
Sinkholes.

1333
01:16:58,800 --> 01:17:02,718
That whole area is a giant sinkhole waiting to happen.

1334
01:17:02,718 --> 01:17:06,388
You shouldn't build anything on there whatsoever.

1335
01:17:06,388 --> 01:17:12,988
Finally come out looking at the increase in the electric bill.

1336
01:17:15,468 --> 01:17:19,884
I was under Shenandoah Valley Electric and the increase

1337
01:17:19,884 --> 01:17:20,868
of my water bill.

1338
01:17:20,868 --> 01:17:24,640
Winchester has one of the highest water bills in the area

1339
01:17:24,640 --> 01:17:28,828
up here it is going to go up.

1340
01:17:28,828 --> 01:17:31,540
I object to this.

1341
01:17:31,540 --> 01:17:33,236
Finally come a cybercrime.

1342
01:17:33,236 --> 01:17:37,821
If I was a cyber hacker come on guess where I would go.

1343
01:17:37,821 --> 01:17:39,668
Write to the data center.

1344
01:17:39,668 --> 01:17:41,230
Right to the electric company.

1345
01:17:41,230 --> 01:17:43,674
The electric company does not protect itself.

1346
01:17:43,674 --> 01:17:46,708
I am here to tell you that because I commented

1347
01:17:46,708 --> 01:17:50,201
to their board saying come on you need to do something

1348
01:17:50,201 --> 01:17:51,488
about your cybersecurity.

1349
01:17:51,488 --> 01:17:57,488
I am a cybersecurity expert peer I have several diplomas

1350
01:17:57,596 --> 01:18:01,357
and I have a master's degree in all of that.

1351
01:18:01,357 --> 01:18:06,541
I am just saying, we need to really think

1352
01:18:06,541 --> 01:18:08,160
about a lot of stuff here.

1353
01:18:08,160 --> 01:18:12,182
I am asking that you vote no on this.

1354
01:18:12,182 --> 01:18:14,976
It is too much of a problem.

1355
01:18:14,976 --> 01:18:17,680
That is all that I have for this.

1356
01:18:17,680 --> 01:18:19,680
Thank you.

1357
01:18:21,236 --> 01:18:27,236
Chairman Stowe: -- >> I was one of the E comments.

1358
01:18:29,720 --> 01:18:31,201
Do you want me to wait till the end?

1359
01:18:31,201 --> 01:18:32,508
Go

1360
01:18:32,508 --> 01:18:36,708
>> After Jay Marts we have Jennifer Smith.

1361
01:18:39,130 --> 01:18:41,630
>> Good evening I'm Jay Mark from the Gainsborough District.

1362
01:18:41,630 --> 01:18:45,891
Chairman Stow and hello to my Gainsboro reps.

1363
01:18:45,891 --> 01:18:47,641
And the rest of the commissioners tonight.

1364
01:18:47,641 --> 01:18:50,608
I appreciate the opportunity to petition the local government

1365
01:18:50,608 --> 01:18:52,738
on potential land use decisions.

1366
01:18:52,738 --> 01:18:56,268
These public policy issues under consideration

1367
01:18:56,268 --> 01:18:59,748
will have long term ramifications for our county

1368
01:18:59,748 --> 01:19:02,148
and most are irrevocable.

1369
01:19:02,644 --> 01:19:06,187
Once the shovel hits the ground, the property rarely

1370
01:19:06,187 --> 01:19:07,879
reverts to what it once was.

1371
01:19:07,879 --> 01:19:11,774
You set the path to turn the farm into an industrial park.

1372
01:19:11,774 --> 01:19:15,280
Where orchards once blossomed common cattle graze,

1373
01:19:15,280 --> 01:19:18,484
tractors plows and food grew we will not have industrial parks

1374
01:19:18,484 --> 01:19:20,948
cum a strip malls, condos and townhouses.

1375
01:19:20,948 --> 01:19:24,628
Additionally, too much traffic causing delays and accidents.

1376
01:19:24,628 --> 01:19:27,396
Increased demand on our power grid and most important,

1377
01:19:27,396 --> 01:19:28,668
our water resources.

1378
01:19:28,668 --> 01:19:32,308
This contributes to the overcapacity of our schools,

1379
01:19:32,308 --> 01:19:34,868
and the increased burden on the first responder network.

1380
01:19:34,868 --> 01:19:36,814
We have a beautiful piece of geography

1381
01:19:36,814 --> 01:19:38,644
here at the top of Virginia.

1382
01:19:38,644 --> 01:19:42,268
I moved my entire family, three kids and three grands

1383
01:19:42,268 --> 01:19:45,908
here to enjoy, grow, and prosper in the northern Shenandoah

1384
01:19:45,908 --> 01:19:46,408
Valley.

1385
01:19:46,408 --> 01:19:50,356
We left Fairfax, avoided Loudoun, and settled here.

1386
01:19:50,356 --> 01:19:52,540
We are all pleased with the decision.

1387
01:19:52,540 --> 01:19:54,780
We just hope it was the right one.

1388
01:19:54,780 --> 01:19:56,848
I generally have confidence in this commission.

1389
01:19:56,848 --> 01:20:00,668
You are all professionals in the work of land management.

1390
01:20:00,668 --> 01:20:04,868
Especially now that Dr. Lamanna has graduated.

1391
01:20:07,791 --> 01:20:11,988
I want to ask you to use land management only

1392
01:20:11,988 --> 01:20:14,178
to the areas that are designated for that purpose.

1393
01:20:14,178 --> 01:20:15,768
Stop rezoning rural areas.

1394
01:20:15,768 --> 01:20:17,588
Point developers to properties that

1395
01:20:17,588 --> 01:20:20,268
may have a mutual redevelopment option Excel Sunnyside

1396
01:20:20,268 --> 01:20:22,116
or show me a plan.

1397
01:20:22,116 --> 01:20:24,516
To the subsequent hand.

1398
01:20:24,568 --> 01:20:26,441
The Winchester Gateway project is M1.

1399
01:20:26,441 --> 01:20:28,900
You have done the appropriate work to ensure compliance.

1400
01:20:28,900 --> 01:20:31,488
This is evident by the changes made by the developer.

1401
01:20:31,488 --> 01:20:35,388
This property will eventually be developed by right.

1402
01:20:35,388 --> 01:20:38,488
I would suggest that perhaps you try

1403
01:20:38,488 --> 01:20:41,668
to entice a flock camera manufacturing

1404
01:20:41,668 --> 01:20:43,534
facility to move in.

1405
01:20:43,534 --> 01:20:46,534
You would probably have as good as luck

1406
01:20:46,534 --> 01:20:48,160
as you do with data centers.

1407
01:20:48,160 --> 01:20:48,808
Vote appropriately.

1408
01:20:48,808 --> 01:20:52,292
You are not directly accountable to the electric.

1409
01:20:52,292 --> 01:20:56,433
Pompous to the supervisors and we, the voters,

1410
01:20:56,433 --> 01:20:58,188
will decide who represents us.

1411
01:20:58,188 --> 01:21:00,628
The consequences of decisions will manifest themselves

1412
01:21:00,628 --> 01:21:01,556
on November 3rd.

1413
01:21:01,556 --> 01:21:04,548
Thank you very much for your time.

1414
01:21:04,548 --> 01:21:06,548
>> Thank you.

1415
01:21:06,648 --> 01:21:12,480
>> Next we have Jennifer Smith followed by Leslie Spencer.

1416
01:21:14,694 --> 01:21:15,361
>> Good evening.

1417
01:21:15,361 --> 01:21:17,564
>> Good evening come on Jennifer Smith from the Stonewall

1418
01:21:17,564 --> 01:21:18,640
District.

1419
01:21:18,640 --> 01:21:19,461
I am back again.

1420
01:21:19,461 --> 01:21:23,494
I would like to talk about the comprehensive plan a little bit

1421
01:21:23,494 --> 01:21:27,353
because it seems to be kind of what they seem

1422
01:21:27,353 --> 01:21:31,787
to talk to the lawyers, and meeting the requirements,

1423
01:21:31,787 --> 01:21:32,412
and everything.

1424
01:21:32,412 --> 01:21:34,904
But I want to speak to your vision statement.

1425
01:21:34,904 --> 01:21:39,310
It starts with, to ensure the quality of life

1426
01:21:39,310 --> 01:21:41,788
for all Frederick County citizens.

1427
01:21:41,788 --> 01:21:45,154
When we come to these meetings, and we show you

1428
01:21:45,154 --> 01:21:47,684
what we want for our quality of life,

1429
01:21:47,684 --> 01:21:54,284
it seems to be overlooked that the impact of these facilities

1430
01:21:54,972 --> 01:21:57,921
will have on the people that live here.

1431
01:21:57,921 --> 01:21:59,788
A lot of the people who showed up for this

1432
01:21:59,788 --> 01:22:02,228
are probably not residents in our community.

1433
01:22:02,228 --> 01:22:06,294
They have, while we are meeting demands we are going

1434
01:22:06,294 --> 01:22:09,894
to put bees on the property.

1435
01:22:09,988 --> 01:22:11,914
Virginia planted all of these fine things

1436
01:22:11,914 --> 01:22:12,956
to meet the requirements.

1437
01:22:12,956 --> 01:22:15,414
They do not live here and they do not have to deal with it.

1438
01:22:15,414 --> 01:22:18,181
If there is a leak, they will say, we have made adjustments.

1439
01:22:18,181 --> 01:22:19,341
We have things in place.

1440
01:22:19,341 --> 01:22:21,799
But there is a long history of multi-million dollar billion

1441
01:22:21,799 --> 01:22:24,654
dollar companies coming into rural communities,

1442
01:22:24,654 --> 01:22:27,572
stripping natural resources, poisoning the water come up

1443
01:22:27,572 --> 01:22:31,200
poisoning the land and residents are left dealing with it,

1444
01:22:31,200 --> 01:22:32,678
and nothing happens to these companies.

1445
01:22:32,678 --> 01:22:37,188
The problem is, once you let them in, you cannot get rid

1446
01:22:37,188 --> 01:22:37,774
of them.

1447
01:22:37,774 --> 01:22:39,634
You cannot fix what they do.

1448
01:22:39,634 --> 01:22:42,518
There is no compensation for the health and security,

1449
01:22:42,518 --> 01:22:45,281
into well-being of the folks who live here.

1450
01:22:45,281 --> 01:22:48,721
My concern is, we did not choose this.

1451
01:22:48,721 --> 01:22:50,410
We did not let this happen.

1452
01:22:50,410 --> 01:22:52,308
We did not open a door to data centers.

1453
01:22:52,308 --> 01:22:54,948
The community never voted for that.

1454
01:22:54,948 --> 01:22:58,214
That was brought by the board.

1455
01:22:58,214 --> 01:23:01,504
We have never wanted this and we have continued

1456
01:23:01,504 --> 01:23:06,901
to bring this to board meetings, to the Planning Commission,

1457
01:23:06,901 --> 01:23:10,948
and we have continually stated our guidance.

1458
01:23:10,948 --> 01:23:14,364
We vote for you all and you all are supposed to represent us.

1459
01:23:14,364 --> 01:23:17,768
Our taxes pay for that, and we vote for that.

1460
01:23:17,768 --> 01:23:21,748
Every time we show up and we tell you what we think,

1461
01:23:21,748 --> 01:23:24,858
your votes should reflect the people you represent.

1462
01:23:24,858 --> 01:23:26,520
The people who live here.

1463
01:23:26,520 --> 01:23:27,820
The people who have to deal with this.

1464
01:23:27,820 --> 01:23:30,788
Good planning and your comprehensive plan

1465
01:23:30,788 --> 01:23:34,643
is to protect the rural preservation of this community.

1466
01:23:34,643 --> 01:23:38,348
Planning the community in a proper way.

1467
01:23:38,348 --> 01:23:41,558
Putting data centers across from historical locations,

1468
01:23:41,558 --> 01:23:44,248
and in neighborhoods, is not good planning.

1469
01:23:44,248 --> 01:23:47,140
We have industrial parks and we have places

1470
01:23:47,140 --> 01:23:49,124
that they could better suit.

1471
01:23:49,124 --> 01:23:51,268
But instead, that is being ignored

1472
01:23:51,268 --> 01:23:52,998
at the benefit of large corporations

1473
01:23:52,998 --> 01:23:57,348
and at the detriment of the people who live and work here.

1474
01:23:57,348 --> 01:24:00,132
We are the ones who are dealing with the aftermath of this.

1475
01:24:00,132 --> 01:24:02,368
You should think about that when you set your vote.

1476
01:24:02,368 --> 01:24:04,188
Thank you.

1477
01:24:04,188 --> 01:24:06,188
>> Thank you .

1478
01:24:08,932 --> 01:24:13,348
We have Leslie Spencer followed by Gary Shepherd.

1479
01:24:13,348 --> 01:24:16,450
>> Mr. Bishop, I did not sign up here is there a Leslie

1480
01:24:16,450 --> 01:24:17,588
in the room.

1481
01:24:17,588 --> 01:24:19,360
>> I think perhaps I am reading.

1482
01:24:19,360 --> 01:24:22,288
It is fairly loopy writing it I saw the Leslie.

1483
01:24:22,288 --> 01:24:25,128
If there is a Leslie out there that signed up

1484
01:24:25,128 --> 01:24:27,569
and I haven't called your name, and you

1485
01:24:27,569 --> 01:24:29,748
are on the first page, that is probably,

1486
01:24:29,748 --> 01:24:33,759
I see a big letter L and a letter S,

1487
01:24:33,759 --> 01:24:36,241
but the rest is difficult for me.

1488
01:24:36,241 --> 01:24:38,835
>> I will take it then.

1489
01:24:38,835 --> 01:24:41,758
Good evening, Leslie Spencer from Gainsborough.

1490
01:24:41,758 --> 01:24:43,881
Thank you for your dedication and thank you

1491
01:24:43,881 --> 01:24:47,374
to all of the voters for showing up for your neighbors tonight.

1492
01:24:47,374 --> 01:24:50,374
Frederick County deserves clarity, foresight,

1493
01:24:50,668 --> 01:24:52,108
and strong leadership.

1494
01:24:52,108 --> 01:24:55,208
The land use changes will create real health, ecological,

1495
01:24:55,208 --> 01:24:58,428
and economic risk over many miles.

1496
01:24:58,428 --> 01:25:01,579
Do we truly know the value of what we risk using.

1497
01:25:01,579 --> 01:25:04,438
This is a conditional use permit.

1498
01:25:04,438 --> 01:25:06,448
You have the discretion to decide

1499
01:25:06,448 --> 01:25:08,248
whether this particular use is appropriate

1500
01:25:08,248 --> 01:25:12,578
and the particular location, and compatible with the surrounding

1501
01:25:12,578 --> 01:25:13,103
community.

1502
01:25:13,103 --> 01:25:17,188
Are we properly evaluating the cumulative long term impacts

1503
01:25:17,188 --> 01:25:21,410
at and beyond the immediate property lines,

1504
01:25:21,410 --> 01:25:26,100
via bill SB 94 passed July 1st, gives us reason to pause right

1505
01:25:26,100 --> 01:25:27,764
now and ask the question.

1506
01:25:27,764 --> 01:25:31,828
This bill also allows locality to require the site assessment,

1507
01:25:31,828 --> 01:25:34,468
examine the effect of the proposed facility on the ground

1508
01:25:34,468 --> 01:25:38,668
and surface water, resources, agricultural resources, parks

1509
01:25:38,728 --> 01:25:40,678
come out registered historic sites,

1510
01:25:40,678 --> 01:25:45,173
and the forest land on high energy use facility sites,

1511
01:25:45,173 --> 01:25:47,573
or immediately contiguous land.

1512
01:25:49,748 --> 01:25:54,988
This location sets behind the homes and Battlefield site

1513
01:25:54,988 --> 01:25:56,521
along major tourism corridor.

1514
01:25:56,521 --> 01:25:58,248
Our comprehensive plan reminds us

1515
01:25:58,248 --> 01:26:01,568
that first impressions often set the tone for visitor experience.

1516
01:26:01,568 --> 01:26:05,614
This is an extraordinary intensive industrial use.

1517
01:26:05,614 --> 01:26:08,760
Frederick County needs real transitional zoning

1518
01:26:08,760 --> 01:26:10,764
between uses of this intensity and the people

1519
01:26:10,764 --> 01:26:12,372
who already live here.

1520
01:26:12,372 --> 01:26:14,244
And then there is energy.

1521
01:26:14,244 --> 01:26:18,360
Before we approve a Frederick County high energy use facility,

1522
01:26:18,360 --> 01:26:20,648
we need to ask, where will the power come from,

1523
01:26:20,648 --> 01:26:22,988
and what new generation and transmission

1524
01:26:22,988 --> 01:26:25,268
will be required to serve it.

1525
01:26:25,268 --> 01:26:27,873
Also, there is a new bill.

1526
01:26:27,873 --> 01:26:32,673
The HB 284 says the energy Flexibility Program where,

1527
01:26:33,248 --> 01:26:35,748
and the main feature data centers,

1528
01:26:35,748 --> 01:26:38,868
will run on a flexible schedule where peak electricity is low,

1529
01:26:38,868 --> 01:26:44,190
so the noise -- so is that going to be noise at night?

1530
01:26:44,190 --> 01:26:46,753
What other energy bills have we all been studying?

1531
01:26:46,753 --> 01:26:48,778
What don't we see right now?

1532
01:26:48,778 --> 01:26:51,258
I don't think that Frederick County should approve

1533
01:26:51,258 --> 01:26:55,948
massive new energy loads, while Virginia and PJM are still

1534
01:26:55,948 --> 01:26:59,300
struggling to solve the energy crisis already in front of us.

1535
01:26:59,300 --> 01:27:00,888
Especially for another data center.

1536
01:27:00,888 --> 01:27:03,888
I am also worried about what comes next.

1537
01:27:03,888 --> 01:27:06,618
If we approve a high energy use facility today,

1538
01:27:06,618 --> 01:27:08,748
will Frederick County eventually make --

1539
01:27:08,748 --> 01:27:11,808
be expected to host the generation needed to power it

1540
01:27:11,808 --> 01:27:12,308
tomorrow?

1541
01:27:12,308 --> 01:27:14,172
Especially for a data center.

1542
01:27:14,172 --> 01:27:17,601
We should all know that answer before we say yes.

1543
01:27:17,601 --> 01:27:20,601
We can ask for better.

1544
01:27:21,508 --> 01:27:24,148
There are American tech companies already doing

1545
01:27:24,148 --> 01:27:24,774
this overseas.

1546
01:27:24,774 --> 01:27:28,940
It makes me sad and angry that they will not do that here.

1547
01:27:28,940 --> 01:27:29,814
I will never say yes.

1548
01:27:29,814 --> 01:27:34,448
I will never trust them until they show me that they will.

1549
01:27:34,448 --> 01:27:38,648
Let's plan carefully come up protect back

1550
01:27:39,120 --> 01:27:42,830
Creek district, the historic fertile valley, our state,

1551
01:27:42,830 --> 01:27:46,883
and preserve the irreplaceable beauty of Frederick County.

1552
01:27:47,748 --> 01:27:49,748
Thank you.

1553
01:27:49,788 --> 01:27:52,428
>> Next we have Garry Shepherd followed by Rachel Keller

1554
01:27:52,428 --> 01:27:54,428
or Richard Keller. .

1555
01:27:56,641 --> 01:27:59,210
>> Good evening come up Mr. Shepherd.

1556
01:27:59,210 --> 01:27:59,688
>> Good evening.

1557
01:27:59,688 --> 01:28:02,554
I am Garry Shepherd, president of the Kernstown Battlefield

1558
01:28:02,554 --> 01:28:03,540
Association.

1559
01:28:03,540 --> 01:28:06,500
As I look at you, I sort of wonder

1560
01:28:06,500 --> 01:28:08,998
how many of you have even visited the Kernstown

1561
01:28:08,998 --> 01:28:09,768
battlefield.

1562
01:28:09,768 --> 01:28:16,368
3/5 of our property is in the Back Creek district of Frederick

1563
01:28:16,748 --> 01:28:17,414
County.

1564
01:28:17,414 --> 01:28:21,614
We are opposed to the data center.

1565
01:28:21,852 --> 01:28:23,931
Our concerns are many.

1566
01:28:23,931 --> 01:28:28,705
We have three wells, we have over 80 head of cattle

1567
01:28:28,705 --> 01:28:30,920
on our property.

1568
01:28:30,920 --> 01:28:34,268
The health of our neighbors on Apple Valley.

1569
01:28:34,268 --> 01:28:38,468
The ignored low frequency emission health risk.

1570
01:28:38,548 --> 01:28:44,428
I am talking about at the 35 decibel and lower level, which

1571
01:28:44,428 --> 01:28:46,228
these generators will be generating.

1572
01:28:46,228 --> 01:28:48,308
All of that is being ignored.

1573
01:28:48,308 --> 01:28:53,124
As well as our Viewshed and the history impact

1574
01:28:53,124 --> 01:28:56,708
that the data centers will have.

1575
01:28:56,708 --> 01:29:00,908
The Kernstown battlefield property was settled in 1735,

1576
01:29:01,596 --> 01:29:05,196
and composes 35 acres of historic property

1577
01:29:05,388 --> 01:29:07,728
in the Back Creek District.

1578
01:29:07,728 --> 01:29:11,874
That includes 315 acres on our main property

1579
01:29:11,874 --> 01:29:15,474
and 38 acres up on Sandy Ridge.

1580
01:29:15,556 --> 01:29:18,764
Our southern border ends at Apple Valley Road,

1581
01:29:18,764 --> 01:29:22,432
directly across from the proposed data center.

1582
01:29:22,432 --> 01:29:27,832
On March 23rd, 1862, during the first Battle of Kernstown,

1583
01:29:27,853 --> 01:29:33,853
Union Colonel Nathan Hill stood on Pritchard's Hill and watched

1584
01:29:34,308 --> 01:29:39,188
the Confederates come out of Barton's Woods where this data

1585
01:29:39,188 --> 01:29:40,668
center is going to be.

1586
01:29:40,668 --> 01:29:44,868
Directed by a guy named Stonewall Jackson

1587
01:29:45,468 --> 01:29:47,528
to attack Pritchard Hill.

1588
01:29:47,528 --> 01:29:49,684
Before they got to Pritchard Hill,

1589
01:29:49,684 --> 01:29:53,338
80 Confederates were dead or wounded from the artillery that

1590
01:29:53,338 --> 01:29:55,738
was on our hill.

1591
01:29:56,980 --> 01:29:59,876
The battle then moved to Sandy Ridge, and Rosehill,

1592
01:29:59,876 --> 01:30:05,508
and this was the first and only battlefield defeat by Jackson.

1593
01:30:05,508 --> 01:30:08,508
Then on July 34th --

1594
01:30:09,441 --> 01:30:13,104
July 24th, 1864 at the second Battle of Kernstown,

1595
01:30:13,104 --> 01:30:17,788
Union General George Crook's stood on the same hill and was

1596
01:30:17,788 --> 01:30:21,980
looking south with his whole division across the front

1597
01:30:21,980 --> 01:30:23,228
of our property.

1598
01:30:23,228 --> 01:30:26,748
From Valley Pike, all the way up onto Sandy Ridge.

1599
01:30:26,748 --> 01:30:30,114
He sent that division forward to get rid

1600
01:30:30,114 --> 01:30:33,114
of the Confederate bushwhackers that

1601
01:30:33,318 --> 01:30:35,798
were in the field between us and where

1602
01:30:35,798 --> 01:30:37,793
the data center is going to be.

1603
01:30:37,793 --> 01:30:41,301
Once they got 600ft out into the fields,

1604
01:30:41,301 --> 01:30:44,301
the Confederates unleashed their attacks.

1605
01:30:46,318 --> 01:30:48,620
Coming out of Barton's woods and out

1606
01:30:48,620 --> 01:30:50,588
of where the warehouses are now, they

1607
01:30:50,588 --> 01:30:52,628
were hit in three different places.

1608
01:30:52,628 --> 01:30:55,628
It was a complete out.

1609
01:30:58,108 --> 01:31:00,852
The final stand was at the Stonewall.

1610
01:31:00,852 --> 01:31:05,652
Crook ends up going back up into Maryland.

1611
01:31:08,473 --> 01:31:09,348
>> Wrap it up, third.

1612
01:31:09,348 --> 01:31:11,848
>> Kimball and Crook stood on Pritchard's Hill looking south

1613
01:31:11,848 --> 01:31:14,908
at the majestic Massanutten Mountain which divides

1614
01:31:14,908 --> 01:31:16,844
the mountain into two valleys.

1615
01:31:16,844 --> 01:31:19,340
The 40 foot high warehouses that are

1616
01:31:19,340 --> 01:31:22,268
there have very little impact on this view,

1617
01:31:22,268 --> 01:31:26,533
and pose no health risk to the local area and battlefield.

1618
01:31:26,533 --> 01:31:30,681
However, the proposed 60 foot high data center,

1619
01:31:30,681 --> 01:31:32,908
with allowable additional height,

1620
01:31:32,908 --> 01:31:40,708
which could go up to 75ft, will certainly have an impact on that

1621
01:31:40,828 --> 01:31:42,828
view shed that we have.

1622
01:31:42,828 --> 01:31:46,292
The solution for the data center is

1623
01:31:46,292 --> 01:31:51,684
to build this unnatural 14 foot berm and plant taller trees.

1624
01:31:51,684 --> 01:31:54,148
All that does is further distract

1625
01:31:54,148 --> 01:31:58,340
from the natural historic view from Pritchard Hill.

1626
01:31:58,340 --> 01:32:02,384
For 25 years the KBA has worked very

1627
01:32:02,384 --> 01:32:07,784
hard to preserve the 290 year history of this property.

1628
01:32:08,380 --> 01:32:13,508
Our 4000 visitors each year come for the history and the views.

1629
01:32:13,508 --> 01:32:15,788
Not to look at a data center.

1630
01:32:15,788 --> 01:32:20,148
We are asking you as county officials to be responsible.

1631
01:32:20,148 --> 01:32:24,948
Protect historic property and its citizens from health

1632
01:32:26,508 --> 01:32:28,374
risks coming from this data center.

1633
01:32:28,374 --> 01:32:32,308
Regional jurisdictions are now taking stronger stance

1634
01:32:32,308 --> 01:32:34,780
against data centers.

1635
01:32:34,780 --> 01:32:35,388
Joined the club.

1636
01:32:35,388 --> 01:32:36,948
Deny the permit.

1637
01:32:36,948 --> 01:32:38,948
Thank you.

1638
01:32:41,706 --> 01:32:43,706
[Applause]

1639
01:32:45,385 --> 01:32:49,585
>> Richard Keller followed by Mary Margaret Bob.

1640
01:32:51,988 --> 01:32:53,108
>> Richard?

1641
01:32:53,108 --> 01:32:54,228
Mary Margaret?

1642
01:32:54,228 --> 01:32:55,321
You are up.

1643
01:32:55,321 --> 01:32:59,521
After Mary Margaret we have Bob curd

1644
01:33:03,748 --> 01:33:06,268
>> Mam Mary Margaret Kernstown district.

1645
01:33:06,268 --> 01:33:11,668
My -- a meeting with gateway reps and participating

1646
01:33:13,258 --> 01:33:16,348
in Loudoun County tours organized by Winchester Gateway.

1647
01:33:16,348 --> 01:33:19,868
The tour was to visit two campuses.

1648
01:33:19,868 --> 01:33:22,508
Best and worst case where we could hear for ourselves what

1649
01:33:22,508 --> 01:33:23,990
data centers sound like.

1650
01:33:23,990 --> 01:33:26,298
First campus utilizes latest technologies.

1651
01:33:26,298 --> 01:33:29,298
We found noise levels Unconcerning .

1652
01:33:32,696 --> 01:33:33,988
The birds were actually louder.

1653
01:33:33,988 --> 01:33:36,828
The second campus is powered by gas turbines.

1654
01:33:36,828 --> 01:33:40,868
Viewed next to homes Comedy Center could be heard

1655
01:33:40,868 --> 01:33:43,518
but was only background to heavy traffic and planes.

1656
01:33:43,518 --> 01:33:46,515
Was explained that we could expect the sound of gas turbines

1657
01:33:46,515 --> 01:33:48,848
to be more noticeable on the second side of the building

1658
01:33:48,848 --> 01:33:50,228
away from the homes.

1659
01:33:50,228 --> 01:33:53,268
Truthfully the noise there wasn't significantly different

1660
01:33:53,268 --> 01:33:54,360
from the first.

1661
01:33:54,360 --> 01:33:58,534
The sound level measured 55 to 65dB and we were advised that

1662
01:33:58,534 --> 01:34:01,220
was a worst case scenario.

1663
01:34:01,220 --> 01:34:05,288
In the ten minutes that we spent at --

1664
01:34:05,288 --> 01:34:11,888
next to each of those was truly representative of data center,

1665
01:34:12,628 --> 01:34:16,513
the Loudoun County Economic Director, buddy Rizer,

1666
01:34:16,513 --> 01:34:18,494
would not have said to me what he did.

1667
01:34:18,494 --> 01:34:21,708
Immediately prior to our tour, we sat down for a discussion

1668
01:34:21,708 --> 01:34:23,578
with our guide, Mr. Reiser.

1669
01:34:23,578 --> 01:34:26,740
I expressed my concerns regarding data centers

1670
01:34:26,740 --> 01:34:27,916
next to housing.

1671
01:34:27,916 --> 01:34:31,660
Mr. Reiser's response was surprisingly swift and emphatic.

1672
01:34:31,660 --> 01:34:33,556
Don't do it.

1673
01:34:33,556 --> 01:34:36,214
Don't build data centers next to housing.

1674
01:34:36,214 --> 01:34:38,848
He acknowledged numerous complaints from homeowners

1675
01:34:38,848 --> 01:34:41,924
admitting it had been a mistake for Loudon to permit

1676
01:34:41,924 --> 01:34:43,534
data centers next to homes.

1677
01:34:43,534 --> 01:34:47,130
Now that I know where to go, I later

1678
01:34:47,130 --> 01:34:49,260
drove myself to see more locations.

1679
01:34:49,260 --> 01:34:51,818
I found the noise level to be similar to what

1680
01:34:51,818 --> 01:34:55,403
it had been the day of the tour, until I explored further.

1681
01:34:55,403 --> 01:34:58,218
Buildings have four sides and the tour had only taken us

1682
01:34:58,218 --> 01:35:00,180
to one out of two of them.

1683
01:35:00,180 --> 01:35:02,377
Circling, I found loud cooling fans

1684
01:35:02,377 --> 01:35:05,620
at one location and high pitched whining machinery at the other.

1685
01:35:05,620 --> 01:35:08,180
I readily admit that the gateway complex is not

1686
01:35:08,180 --> 01:35:11,180
expected to operate whining turbines

1687
01:35:11,527 --> 01:35:13,728
and there is something to be said for the fact

1688
01:35:13,728 --> 01:35:15,968
that noise levels are not identical on all sides.

1689
01:35:15,968 --> 01:35:18,188
Many unhappy neighbors in Loudon suggest

1690
01:35:18,188 --> 01:35:20,140
that it isn't the entire story.

1691
01:35:20,140 --> 01:35:23,708
The examples we were presented of what data centers sound like

1692
01:35:23,708 --> 01:35:24,388
were misleading.

1693
01:35:24,388 --> 01:35:27,208
Despite my efforts to look at this issue with an open mind,

1694
01:35:27,208 --> 01:35:29,468
I still don't know with any certainty

1695
01:35:29,468 --> 01:35:32,269
that hyperscale data centers can be

1696
01:35:32,269 --> 01:35:34,734
built in a way that won't negatively

1697
01:35:34,734 --> 01:35:36,140
impact neighboring homes.

1698
01:35:36,140 --> 01:35:37,732
What is clear to me is that gateway

1699
01:35:37,732 --> 01:35:40,841
is doing their best to put lipstick on a pig

1700
01:35:40,841 --> 01:35:44,328
and convince us it is a unicorn.

1701
01:35:44,328 --> 01:35:47,148
That leads me to no choice to believe

1702
01:35:47,148 --> 01:35:49,788
that Director Reiser advised don't build

1703
01:35:49,788 --> 01:35:51,716
data centers next to housing.

1704
01:35:51,716 --> 01:35:54,814
I respectfully ask that you also believe him and deny

1705
01:35:54,814 --> 01:35:56,640
the Winchester Gateway permit.

1706
01:35:56,640 --> 01:35:58,868
Thank you for your time and consideration.

1707
01:35:58,868 --> 01:36:01,868
>> Thank you come on Ma'am.

1708
01:36:05,208 --> 01:36:10,800
>> We have bob curd followed by Julie Curd.

1709
01:36:10,559 --> 01:36:13,878
>> My name is Bob curd, back Creek District became a licensed

1710
01:36:13,878 --> 01:36:15,980
civil engineer.

1711
01:36:15,980 --> 01:36:17,708
I have degrees from MIT and UCLA.

1712
01:36:17,708 --> 01:36:21,280
I am also a certified vibration analyst.

1713
01:36:21,280 --> 01:36:25,228
I am not a specialized geologic engineer.

1714
01:36:28,188 --> 01:36:30,588
Frederick County ordinance 123 requires

1715
01:36:31,268 --> 01:36:34,868
that I specialized geologic engineer examined

1716
01:36:36,148 --> 01:36:39,581
the land that is proposed for any large structure.

1717
01:36:39,581 --> 01:36:44,381
The excessive, heavy structured on top of land

1718
01:36:45,564 --> 01:36:47,564
are strongly discouraged.

1719
01:36:47,768 --> 01:36:50,168
What is cast land.

1720
01:36:50,838 --> 01:36:55,638
The landscape are characterized by sinkholes, sinking streams,

1721
01:36:58,238 --> 01:37:00,238
springs and caves.

1722
01:37:00,943 --> 01:37:04,868
Frederick County almost defines what this land is.

1723
01:37:04,868 --> 01:37:08,348
Underneath all of our county are caves, sinkholes

1724
01:37:08,348 --> 01:37:10,348
and underground rivers.

1725
01:37:10,608 --> 01:37:14,280
These were formed slowly over centuries

1726
01:37:14,280 --> 01:37:17,628
by water forming limestone and dolomite.

1727
01:37:18,460 --> 01:37:23,860
There is an enormous sinkhole measuring 150 yards in diameter

1728
01:37:23,868 --> 01:37:26,868
that is on the property.

1729
01:37:27,988 --> 01:37:30,836
They have taken the drawing away.

1730
01:37:30,836 --> 01:37:33,138
There are many close neighbors whose

1731
01:37:33,138 --> 01:37:36,572
homes have been damaged by the settling of their houses

1732
01:37:36,572 --> 01:37:39,628
into hollow sinkholes under their houses.

1733
01:37:39,628 --> 01:37:44,332
In fact, I helped put special plastic foam

1734
01:37:44,332 --> 01:37:48,953
under a large slab at the Tory factory south of here.

1735
01:37:48,953 --> 01:37:50,225
We had to raise the floor.

1736
01:37:50,225 --> 01:37:51,298
It had settled.

1737
01:37:51,298 --> 01:37:53,698
We had to raise it by filling the sinkholes underneath it

1738
01:37:53,698 --> 01:37:54,932
with foam plastic.

1739
01:37:54,932 --> 01:37:57,908
There are other concerns as well.

1740
01:37:57,908 --> 01:38:03,120
There is actually a fault called the Apple Pie Ridge fault

1741
01:38:03,120 --> 01:38:05,468
that runs across the property.

1742
01:38:05,468 --> 01:38:12,668
There are springs bubbling up on the west side of the property.

1743
01:38:15,108 --> 01:38:17,508
Aquifers cannot filter contaminants.

1744
01:38:18,881 --> 01:38:22,228
Polluted water travels miles through underwater conduits

1745
01:38:22,228 --> 01:38:28,228
to wells and springs. karst land can be uniquely catastrophic.

1746
01:38:33,388 --> 01:38:36,680
It would discourage industrial grade wastewater

1747
01:38:36,680 --> 01:38:40,208
above the same aquifers that supply private wells

1748
01:38:40,208 --> 01:38:42,388
in the Shenandoah River.

1749
01:38:42,388 --> 01:38:46,764
Another big concern is how to construct a data center.

1750
01:38:46,764 --> 01:38:50,788
The watering has to be done prior to building

1751
01:38:50,788 --> 01:38:52,408
heavy large structures.

1752
01:38:52,408 --> 01:38:54,668
They have drilled numerous deep wells

1753
01:38:54,668 --> 01:38:56,934
and pump out the underground water

1754
01:38:56,934 --> 01:38:58,537
before establishing a base.

1755
01:38:58,537 --> 01:39:01,148
That would be almost impossible with the existing

1756
01:39:01,148 --> 01:39:03,548
springs on the property.

1757
01:39:03,788 --> 01:39:09,788
De watering would destabilize the entire karst flow of water.

1758
01:39:12,170 --> 01:39:14,128
Heavy construction and high groundwater pumping

1759
01:39:14,128 --> 01:39:17,228
are grown double known triggers for sinkhole formation.

1760
01:39:17,228 --> 01:39:19,228
Thank you.

1761
01:39:24,880 --> 01:39:25,588
>> Julie curd followed by Jay Banks.

1762
01:39:25,588 --> 01:39:26,328
>> Good evening.

1763
01:39:26,328 --> 01:39:27,868
I love that guy.

1764
01:39:27,868 --> 01:39:33,268
We are here tonight talking about zoning and planning.

1765
01:39:33,468 --> 01:39:36,776
What is zoning and planning to me?

1766
01:39:36,776 --> 01:39:42,121
It is a board and a government that helps

1767
01:39:42,121 --> 01:39:45,121
me preserve my property values.

1768
01:39:45,268 --> 01:39:48,479
I am not seeing a whole lot of it.

1769
01:39:48,479 --> 01:39:51,968
I am not feeling right now that will happen to me if this data

1770
01:39:51,968 --> 01:39:54,707
center is built. I am surrounded here tonight

1771
01:39:54,707 --> 01:39:57,125
with a lot of my neighbors.

1772
01:39:57,125 --> 01:40:00,548
We have got a lot to lose because we

1773
01:40:00,548 --> 01:40:04,948
are like a lot of other people in that a lot of our assets

1774
01:40:04,948 --> 01:40:07,890
are tied up in our real estate property.

1775
01:40:07,890 --> 01:40:15,690
We have a goal and a duty to protect our real estate values.

1776
01:40:16,132 --> 01:40:21,708
And, as our leaders, should be cheering us on in that.

1777
01:40:21,708 --> 01:40:23,708
You know why?

1778
01:40:24,348 --> 01:40:29,148
Because property taxes come from our property values.

1779
01:40:30,140 --> 01:40:36,228
If our property values go down, you don't receive the taxes.

1780
01:40:36,228 --> 01:40:40,732
Not only that, the tax money that you

1781
01:40:40,732 --> 01:40:44,409
are generated from the property values, a lot of it

1782
01:40:44,409 --> 01:40:48,838
is going to purchase school bonds to build new schools.

1783
01:40:48,838 --> 01:40:52,532
If our property tax values go down,

1784
01:40:52,532 --> 01:40:55,690
your revenues go down and then who

1785
01:40:55,690 --> 01:40:57,774
is going to pay for the new schools

1786
01:40:57,774 --> 01:41:01,374
up here everybody is always shouting

1787
01:41:01,468 --> 01:41:04,588
that we need them so much.

1788
01:41:04,588 --> 01:41:07,436
If there is nothing to back the school bonds,

1789
01:41:07,436 --> 01:41:12,356
you see that this can create a terrible vicious cycle that

1790
01:41:12,356 --> 01:41:18,356
is just going to deteriorate the viability of a county.

1791
01:41:18,654 --> 01:41:25,254
It is estimated there are -- is about 98% of the counties

1792
01:41:25,264 --> 01:41:28,268
in the United States are in this vicious cycle.

1793
01:41:28,268 --> 01:41:29,868
Draw your own conclusion.

1794
01:41:29,868 --> 01:41:33,468
No property values, no tax value.

1795
01:41:34,948 --> 01:41:39,280
Let this group destroy our property values.

1796
01:41:39,280 --> 01:41:40,812
We have a big problem.

1797
01:41:40,812 --> 01:41:43,812
We cannot let that happen.

1798
01:41:45,388 --> 01:41:50,768
Just recently, the Supreme Court of the United States

1799
01:41:50,768 --> 01:41:56,680
has agreed to hear a case on property taxes.

1800
01:41:56,680 --> 01:42:00,268
Are they constitutional quirks gentlemen and ladies,

1801
01:42:00,500 --> 01:42:03,494
this is just the beginning of what

1802
01:42:03,494 --> 01:42:07,620
is going to happen with this vicious cycle.

1803
01:42:07,620 --> 01:42:10,100
Let's not start it here.

1804
01:42:10,100 --> 01:42:13,841
These guys do not have an end user.

1805
01:42:13,841 --> 01:42:17,631
That means, in three years from now when they get done

1806
01:42:17,631 --> 01:42:20,534
and there is no data center business going on,

1807
01:42:20,534 --> 01:42:24,420
how are they going to get an end user that is a data center?

1808
01:42:24,420 --> 01:42:28,408
By then, they are going to start putting data centers in space.

1809
01:42:28,408 --> 01:42:31,582
They are not going to be on the ground.

1810
01:42:31,582 --> 01:42:35,182
And therefore we have a problem.

1811
01:42:35,828 --> 01:42:37,548
>> Thank you.

1812
01:42:37,548 --> 01:42:38,833
>> Vote no to this.

1813
01:42:38,833 --> 01:42:40,833
Thank you.

1814
01:42:44,860 --> 01:42:48,708
>> Jay banks followed by Rebecca B from Stonewall.

1815
01:42:48,708 --> 01:42:50,708
>> Good evening, J.

1816
01:42:51,231 --> 01:42:51,898
>> Good evening.

1817
01:42:51,898 --> 01:42:54,108
The very next day after my public comments

1818
01:42:54,108 --> 01:42:59,648
to this committee, I got a call from a county staff member,

1819
01:42:59,648 --> 01:43:01,580
which was very intimidating.

1820
01:43:01,580 --> 01:43:06,388
But I will not be silenced and I will continue to come before you

1821
01:43:06,388 --> 01:43:07,476
and speak.

1822
01:43:07,476 --> 01:43:12,900
As a certified arborist, a look at the plans for your buffers

1823
01:43:12,900 --> 01:43:15,900
and it is a joke.

1824
01:43:16,428 --> 01:43:18,756
They are a failure in this community.

1825
01:43:18,756 --> 01:43:23,396
Don't take my word for it you can just go out to the approved

1826
01:43:23,396 --> 01:43:27,998
sites where the solar farms are, and look at the plantings that

1827
01:43:27,998 --> 01:43:30,610
are deteriorating and falling apart

1828
01:43:30,610 --> 01:43:32,185
they are not screening a thing.

1829
01:43:32,185 --> 01:43:35,472
What they are saying is that they

1830
01:43:35,472 --> 01:43:39,208
are going to put enhanced landscaping, it is for naught.

1831
01:43:39,208 --> 01:43:41,406
And those poor people living across the street

1832
01:43:41,406 --> 01:43:44,826
will see these same six foot tall tree for the next 25 years,

1833
01:43:44,826 --> 01:43:48,137
because it is not going to be maintained.

1834
01:43:48,137 --> 01:43:50,708
There is nothing that this county

1835
01:43:50,708 --> 01:43:56,108
has done to make developers maintain the required buffer

1836
01:43:57,388 --> 01:43:57,924
yards.

1837
01:43:57,924 --> 01:44:02,124
There should have been conditions on this. .

1838
01:44:05,500 --> 01:44:09,324
It brings to bear the man's dash --

1839
01:44:09,324 --> 01:44:12,439
the responsibility to maintain the plantings.

1840
01:44:12,439 --> 01:44:14,772
They will bring them in but they will not maintain them.

1841
01:44:14,772 --> 01:44:17,370
I bring your attention to the buffer yards that are failing.

1842
01:44:17,370 --> 01:44:19,828
Earlier this year they planted sections of the buffer yards

1843
01:44:19,828 --> 01:44:22,540
for the solar farms.

1844
01:44:22,540 --> 01:44:25,184
Over half of that is already dead.

1845
01:44:25,184 --> 01:44:27,140
What they are going to put in is just

1846
01:44:27,140 --> 01:44:28,580
going to be more dead material.

1847
01:44:28,580 --> 01:44:32,593
When you are talking about a 14 foot berm,

1848
01:44:32,593 --> 01:44:37,348
it is going to be nothing but vegetation that is dead.

1849
01:44:37,348 --> 01:44:41,588
It will be at a taller level, that is all.

1850
01:44:41,588 --> 01:44:48,280
You cannot build a berm, because it has to be a structure that

1851
01:44:48,280 --> 01:44:49,708
will not erode.

1852
01:44:49,708 --> 01:44:51,700
The state will not let you Build something

1853
01:44:51,700 --> 01:44:54,628
that is going to erode erosion sediment

1854
01:44:54,628 --> 01:44:56,680
control is very important.

1855
01:44:56,680 --> 01:44:59,260
They are going to track in dirt from somewhere,

1856
01:44:59,260 --> 01:45:04,368
it is going to be probably the consistency of concrete,

1857
01:45:04,368 --> 01:45:07,788
and poke a hole in it and try to plant a tree.

1858
01:45:07,788 --> 01:45:09,680
It doesn't work.

1859
01:45:09,680 --> 01:45:12,348
And I've got over 30 years in municipal government

1860
01:45:12,348 --> 01:45:17,000
that I've inspected sites with this type of landscaping

1861
01:45:17,000 --> 01:45:17,500
proposed.

1862
01:45:17,500 --> 01:45:21,498
I can tell you that you have nothing that will hold

1863
01:45:21,498 --> 01:45:27,103
their feet to the fire , then those poor people across

1864
01:45:27,103 --> 01:45:29,228
the street are going to be looking at this building

1865
01:45:29,228 --> 01:45:31,532
for the rest of their duration.

1866
01:45:31,532 --> 01:45:33,932
Thank you very much.

1867
01:45:39,876 --> 01:45:41,876
[Applause]

1868
01:45:43,396 --> 01:45:47,268
>> Rebecca B from Stonewall followed by Tom.

1869
01:45:47,268 --> 01:45:48,693
>> I am Rebecca Bronson.

1870
01:45:48,693 --> 01:45:50,680
I live in the Stonewall District.

1871
01:45:50,680 --> 01:45:52,334
First of all I thank you all for the opportunity

1872
01:45:52,334 --> 01:45:55,452
to speak here tonight and to voice our concerns

1873
01:45:55,452 --> 01:45:56,828
over this particular project.

1874
01:45:56,828 --> 01:46:01,556
I would also like to thank all of our many citizens

1875
01:46:01,556 --> 01:46:04,268
who are so eloquent and have come out

1876
01:46:04,268 --> 01:46:07,868
and had so many helpful things.

1877
01:46:08,308 --> 01:46:09,796
Concerns to express.

1878
01:46:09,796 --> 01:46:13,268
We are standing at a precipice here.

1879
01:46:13,268 --> 01:46:19,268
We might not be dealing with the Valley link issue, had

1880
01:46:19,268 --> 01:46:20,900
Northern Virginia had the information

1881
01:46:20,900 --> 01:46:26,900
that we are now privileged to get about data centers.

1882
01:46:27,988 --> 01:46:32,951
Why do we want to continue down that path?

1883
01:46:32,951 --> 01:46:37,428
I realize that we might just be tilting at windmills here

1884
01:46:37,428 --> 01:46:43,821
because this project has been in development for a very long time

1885
01:46:43,821 --> 01:46:46,561
period you have to follow the law.

1886
01:46:46,561 --> 01:46:49,644
But we are standing at a precipice.

1887
01:46:49,644 --> 01:46:52,732
For that reason I would like to ask you all

1888
01:46:52,732 --> 01:46:53,974
to decline this petition.

1889
01:46:53,974 --> 01:46:55,588
Thank you very much.

1890
01:46:55,588 --> 01:46:57,588
>> Thank you.

1891
01:46:59,904 --> 01:47:01,904
[Applause]

1892
01:47:02,967 --> 01:47:04,889
>> Tom Soulsby followed by Mark Steffler.

1893
01:47:04,889 --> 01:47:06,764
>> Good evening come Mr. Chairman and members

1894
01:47:06,764 --> 01:47:08,148
of the Planning Commission.

1895
01:47:08,148 --> 01:47:14,148
My name is Tom farms I live in Opequon district.

1896
01:47:14,608 --> 01:47:19,608
I am recommending the denial for Winchester Gateway LLC.

1897
01:47:19,608 --> 01:47:22,416
In reviewing the applicant's August 19th letter I believe it

1898
01:47:22,416 --> 01:47:24,241
is a master class of needle misdirection.

1899
01:47:24,241 --> 01:47:27,740
The development entire argument hinges on a threat

1900
01:47:27,740 --> 01:47:29,925
that if you don't give them the CUP

1901
01:47:29,925 --> 01:47:34,648
we are going to build massive beright industrial sites

1902
01:47:34,648 --> 01:47:35,198
instead.

1903
01:47:35,198 --> 01:47:36,588
Do not be bullied.

1904
01:47:36,588 --> 01:47:39,288
Know by right warehouse demands the massive power

1905
01:47:39,288 --> 01:47:42,252
infrastructure, environmental destruction or 24/7 noise

1906
01:47:42,252 --> 01:47:44,708
pollution that a data center does.

1907
01:47:44,708 --> 01:47:48,196
The truth is Winchester Gateway is racing against the clock.

1908
01:47:48,196 --> 01:47:50,378
They know the local and state regulatory frameworks

1909
01:47:50,378 --> 01:47:53,528
we have are desperately lagging behind the explosive growth

1910
01:47:53,528 --> 01:47:56,907
of data center development they know our current ordinances are

1911
01:47:56,907 --> 01:47:59,244
not yet robust enough to protect the citizens

1912
01:47:59,244 --> 01:48:02,547
from the unique threats these facilities pose.

1913
01:48:02,547 --> 01:48:04,172
If you look at tonight's agenda comment

1914
01:48:04,172 --> 01:48:06,578
you are voting on an ordinance amendment amendment

1915
01:48:06,578 --> 01:48:09,238
to remove data centers from the code entirely.

1916
01:48:09,238 --> 01:48:11,893
The applicant is rushing the project forward

1917
01:48:11,893 --> 01:48:14,268
to slip through the gate early before the county finishes

1918
01:48:14,268 --> 01:48:17,388
updating the governance to protect its people.

1919
01:48:17,388 --> 01:48:19,798
Let's address the specific hollow claims

1920
01:48:19,798 --> 01:48:22,516
they tell immunity report promising vast tax revenue

1921
01:48:22,516 --> 01:48:23,708
and good paying jobs.

1922
01:48:23,708 --> 01:48:26,460
This is an industry wide illusion in data centers.

1923
01:48:26,460 --> 01:48:28,988
They are doc, automated holes that

1924
01:48:28,988 --> 01:48:32,773
employed a skeleton crew often brought in from out of town

1925
01:48:32,773 --> 01:48:35,198
by currently depressing surrounding residential property

1926
01:48:35,198 --> 01:48:35,528
values.

1927
01:48:35,528 --> 01:48:38,120
Claims that the noise will be lower than ambient levels, which

1928
01:48:38,120 --> 01:48:39,281
is a road.

1929
01:48:39,281 --> 01:48:43,324
Persistent 24 over seven low frequency mechanical drone from

1930
01:48:43,324 --> 01:48:48,256
cooling systems and 39 train car size generators cannot be

1931
01:48:48,256 --> 01:48:49,988
compared to normal community noise.

1932
01:48:49,988 --> 01:48:52,412
No rooftop buffers are going to silence that reality

1933
01:48:52,412 --> 01:48:56,212
for the families that live 330ft away.

1934
01:48:56,212 --> 01:48:59,308
They mock our intelligence by calling their cooling chemicals

1935
01:48:59,308 --> 01:49:01,336
food grade substance found in lipstick.

1936
01:49:01,336 --> 01:49:03,328
It doesn't matter if it belongs on lips.

1937
01:49:03,328 --> 01:49:06,800
We are talking about massive commercial volumes sitting

1938
01:49:06,800 --> 01:49:10,208
on sensitive cars -- karst land landscape.

1939
01:49:12,960 --> 01:49:17,940
No amount of paint or a berm will protect our local water

1940
01:49:17,940 --> 01:49:20,230
security of the 11 acres of wetlands getting destroyed.

1941
01:49:20,230 --> 01:49:23,948
Finally, they brag the funding power upgrades were already

1942
01:49:23,948 --> 01:49:27,129
planned along route 37 and they are going to fund them.

1943
01:49:27,129 --> 01:49:29,254
What they hide is the sheer scale of infrastructure

1944
01:49:29,254 --> 01:49:31,308
they are forcing into the county.

1945
01:49:31,308 --> 01:49:34,268
They are hyper accelerating transmission line expansions

1946
01:49:34,268 --> 01:49:37,372
while keeping the county legally blind to the actual power

1947
01:49:37,372 --> 01:49:38,928
draw that will be required.

1948
01:49:38,928 --> 01:49:42,468
This developer is trying to exploit a lagging

1949
01:49:42,468 --> 01:49:44,480
regulatory framework.

1950
01:49:44,480 --> 01:49:47,900
Just to get a permanent destructive foothold

1951
01:49:47,900 --> 01:49:47,792
in the community.

1952
01:49:47,792 --> 01:49:54,992
Do not let them protect our homes come a history and water.

1953
01:49:59,570 --> 01:50:00,700
.

1954
01:50:00,700 --> 01:50:01,666
>> Mark's followed by Penny Smith.

1955
01:50:01,666 --> 01:50:04,208
>> Ladies and gentlemen come on I know you guys are underpaid

1956
01:50:04,208 --> 01:50:05,332
and barely making money.

1957
01:50:05,332 --> 01:50:07,668
You love this county and that is why you are here.

1958
01:50:07,668 --> 01:50:09,591
And we entrust you with the outcome.

1959
01:50:09,591 --> 01:50:12,479
So far you have done a great job for us.

1960
01:50:12,479 --> 01:50:14,108
Thank you for that.

1961
01:50:14,108 --> 01:50:16,508
The positives on this.

1962
01:50:16,718 --> 01:50:18,718
Pretty small list.

1963
01:50:19,150 --> 01:50:23,350
8 million, they say, once it gets going.

1964
01:50:23,710 --> 01:50:25,948
Against the $400 million budget.

1965
01:50:25,948 --> 01:50:28,348
That is well under 2%.

1966
01:50:28,576 --> 01:50:31,769
It is going to go down to 1% as the county grows.

1967
01:50:31,769 --> 01:50:34,828
There will not be any more data centers after this one anyways.

1968
01:50:34,828 --> 01:50:36,976
And if we can help it.

1969
01:50:36,976 --> 01:50:38,961
If you have not approved it.

1970
01:50:38,961 --> 01:50:44,432
But I trust you will not. $8 million is not worth it.

1971
01:50:44,432 --> 01:50:46,992
There is nothing at the county for this.

1972
01:50:46,992 --> 01:50:49,728
There was only destruction, death, and sinkholes.

1973
01:50:49,728 --> 01:50:52,728
We actually asking for a favor not building

1974
01:50:52,728 --> 01:50:55,214
this because these sinkholes will cave in.

1975
01:50:55,214 --> 01:50:59,650
When it caves in it will be a disaster for the county.

1976
01:50:59,650 --> 01:51:01,396
It will happen.

1977
01:51:01,396 --> 01:51:03,210
No one wants it.

1978
01:51:03,210 --> 01:51:04,698
They don't want it.

1979
01:51:04,698 --> 01:51:05,480
No one wants it.

1980
01:51:05,480 --> 01:51:07,140
It is going to happen.

1981
01:51:07,140 --> 01:51:10,614
The other thing is, the sinkhole.

1982
01:51:10,934 --> 01:51:12,965
The negatives are a long list.

1983
01:51:12,965 --> 01:51:13,932
Most have been covered.

1984
01:51:13,932 --> 01:51:16,618
I wanted to focus on one thing because we had an invocation

1985
01:51:16,618 --> 01:51:17,272
tonight.

1986
01:51:17,272 --> 01:51:17,772
Prayer.

1987
01:51:17,772 --> 01:51:22,141
When God created this world, he said that he created man

1988
01:51:22,141 --> 01:51:24,378
just a little bit below angels.

1989
01:51:24,378 --> 01:51:26,778
What matters is people.

1990
01:51:27,372 --> 01:51:32,958
They want money, they worship money, that is their idol.

1991
01:51:32,958 --> 01:51:34,958
That is fine.

1992
01:51:35,788 --> 01:51:38,702
We as a community have to care about people.

1993
01:51:38,702 --> 01:51:41,359
Human beings I want to focus on just the noise.

1994
01:51:41,359 --> 01:51:44,476
My wife and I lived in Ashburn and got

1995
01:51:44,476 --> 01:51:46,508
surrounded by data centers.

1996
01:51:46,508 --> 01:51:50,410
Our neighborhood comedy Regency, will become a data center.

1997
01:51:50,410 --> 01:51:51,858
The one that will be left six years ago

1998
01:51:51,858 --> 01:51:53,991
to come to this fantastic county that I love.

1999
01:51:53,991 --> 01:51:55,783
I feel more at home in this county

2000
01:51:55,783 --> 01:51:58,561
than I ever felt anywhere in my entire life.

2001
01:51:58,561 --> 01:52:00,148
I love the county.

2002
01:52:00,148 --> 01:52:03,614
I defend it and invest in it left and right.

2003
01:52:03,614 --> 01:52:06,812
The noise is going to kill these people.

2004
01:52:06,812 --> 01:52:09,461
There is not just the ones across the street.

2005
01:52:09,461 --> 01:52:12,693
I took a field trip and went out to the property today

2006
01:52:12,693 --> 01:52:14,392
and I talked to a couple of people.

2007
01:52:14,392 --> 01:52:15,868
I made some measurements.

2008
01:52:15,868 --> 01:52:17,868
Noise measurements.

2009
01:52:18,988 --> 01:52:21,353
There is a warehouse just down the street.

2010
01:52:21,353 --> 01:52:23,228
The noise measurements there at the warehouse

2011
01:52:23,228 --> 01:52:26,604
were the same as in front of people's homes

2012
01:52:26,604 --> 01:52:30,204
that are right on Apple Valley.

2013
01:52:31,228 --> 01:52:35,668
I estimate there is another 300 homes within 2000ft

2014
01:52:35,668 --> 01:52:37,208
of the border.

2015
01:52:37,208 --> 01:52:39,608
They are saying 65dB.

2016
01:52:39,901 --> 01:52:47,701
Db c, the low level, there is not enough time to educate you,

2017
01:52:48,841 --> 01:52:50,548
but go Google it.

2018
01:52:50,548 --> 01:52:53,148
These wavelengths come at these low frequencies travel

2019
01:52:53,148 --> 01:52:56,828
much longer and the air doesn't absorb them.

2020
01:52:56,828 --> 01:53:02,362
When they leave -- it is db A when it leaves but it could be

2021
01:53:02,362 --> 01:53:03,985
70 or 80 of db c.

2022
01:53:03,985 --> 01:53:07,478
That is the one -- injuring people,

2023
01:53:07,478 --> 01:53:10,968
causing them not to sleep, get sick, cardiovascular problems.

2024
01:53:10,968 --> 01:53:11,485
Google it.

2025
01:53:11,485 --> 01:53:12,809
Indazol here out in the open.

2026
01:53:12,809 --> 01:53:14,934
Do your homework on that and care about the people.

2027
01:53:14,934 --> 01:53:16,468
I think that you will.

2028
01:53:16,468 --> 01:53:18,468
I appreciate you.

2029
01:53:22,246 --> 01:53:22,788
>> Thank you.

2030
01:53:22,788 --> 01:53:26,268
>> Penny Smith, followed by Gregory Hubert.

2031
01:53:26,268 --> 01:53:28,668
>> Good evening, Miss Smith.

2032
01:53:30,708 --> 01:53:32,744
>> Penny Smith, Opequon district.

2033
01:53:32,744 --> 01:53:36,231
We are all aware that the two criteria must

2034
01:53:36,231 --> 01:53:39,831
be met to do approval tonight.

2035
01:53:39,988 --> 01:53:43,885
The county code, or the zoning, and

2036
01:53:43,885 --> 01:53:47,319
does it measure up to the requirements for the land.

2037
01:53:47,319 --> 01:53:52,241
I am just going to list off why it doesn't.

2038
01:53:52,241 --> 01:53:54,848
The large sinkhole, the flowing stream,

2039
01:53:54,848 --> 01:53:58,448
the wetlands point to karst land.

2040
01:54:00,290 --> 01:54:03,629
The lack of certified karst attorney

2041
01:54:04,720 --> 01:54:07,796
to evaluate the land per state code.

2042
01:54:07,796 --> 01:54:09,188
There are ghosts here.

2043
01:54:09,188 --> 01:54:13,620
The American Indians, our forebears that died there.

2044
01:54:13,620 --> 01:54:16,200
That is extremely important.

2045
01:54:16,508 --> 01:54:18,508
Throughout -- drought.

2046
01:54:21,730 --> 01:54:22,698
It was disingenuous for the water board

2047
01:54:22,698 --> 01:54:25,280
to say there was enough water and the next week say

2048
01:54:25,280 --> 01:54:28,868
to conserve water we have been in a drought for three years.

2049
01:54:28,868 --> 01:54:31,748
More than that come at the global warming prediction

2050
01:54:31,748 --> 01:54:35,188
states it will get much worse here.

2051
01:54:35,188 --> 01:54:38,316
I am sorry, farmers, who are advocating.

2052
01:54:38,316 --> 01:54:41,308
You must think long term.

2053
01:54:41,308 --> 01:54:44,308
Battery Park has severe risk.

2054
01:54:44,812 --> 01:54:47,812
Fire and thermal, toxic emissions,

2055
01:54:48,540 --> 01:54:53,930
explosions, grid security, I don't want to take my time.

2056
01:54:53,930 --> 01:54:57,530
It is too close to residential .

2057
01:54:59,108 --> 01:55:03,396
The presenter says Battery Park is insufficient for their energy

2058
01:55:03,396 --> 01:55:04,400
needs.

2059
01:55:04,400 --> 01:55:07,684
Would that need generators all the time?

2060
01:55:07,684 --> 01:55:08,554
Gas generators?

2061
01:55:08,554 --> 01:55:10,754
How would they make it up?

2062
01:55:10,754 --> 01:55:14,954
And then I wrote a little skit.

2063
01:55:15,280 --> 01:55:21,280
I call my person an inanimate object or data center.

2064
01:55:23,601 --> 01:55:25,428
I o.

2065
01:55:25,428 --> 01:55:28,388
The setting is extreme doubt.

2066
01:55:28,388 --> 01:55:31,783
I say I o, we need water.

2067
01:55:31,783 --> 01:55:33,788
It has not been for a long time.

2068
01:55:33,788 --> 01:55:38,460
The contractual agreements come I got 35 gallons of water a day.

2069
01:55:38,460 --> 01:55:39,684
But we are thirsty.

2070
01:55:39,684 --> 01:55:40,595
We are living.

2071
01:55:40,595 --> 01:55:42,201
We cannot live without water.

2072
01:55:42,201 --> 01:55:44,248
I need to be cool.

2073
01:55:44,248 --> 01:55:46,168
Your water company promised us water.

2074
01:55:46,168 --> 01:55:47,708
But we are living.

2075
01:55:47,708 --> 01:55:49,628
We need water.

2076
01:55:49,628 --> 01:55:51,628
Your contract --.

2077
01:55:52,158 --> 01:55:54,193
Contractual agreements I get 35,000 gallons.

2078
01:55:54,193 --> 01:55:55,624
We are contaminated now.

2079
01:55:55,624 --> 01:55:59,268
I thought your company said the effluent would be taken away.

2080
01:55:59,268 --> 01:56:00,388
To where?

2081
01:56:00,388 --> 01:56:02,468
There is nowhere to take it.

2082
01:56:02,468 --> 01:56:04,588
But you said you took it somewhere else.

2083
01:56:04,588 --> 01:56:07,708
You can take it somewhere if you can find a place.

2084
01:56:07,708 --> 01:56:11,480
We are thirsty, contaminated, having no mercy.

2085
01:56:11,480 --> 01:56:12,330
What is mercy?

2086
01:56:12,330 --> 01:56:13,899
I see into the homes nearby.

2087
01:56:13,899 --> 01:56:18,601
I hear a six year old cry out, mommy I cannot sleep here do

2088
01:56:18,601 --> 01:56:20,280
so noisy and my head hurts.

2089
01:56:20,280 --> 01:56:22,556
There is another child with an asthma attack.

2090
01:56:22,556 --> 01:56:25,652
Asthma can be severe in young children.

2091
01:56:25,652 --> 01:56:27,156
Mommy, I cannot breathe.

2092
01:56:27,156 --> 01:56:29,308
I will get your inhaler.

2093
01:56:29,308 --> 01:56:33,364
Get the oxygen. It's really bad tonight.

2094
01:56:33,364 --> 01:56:35,688
Call 911, he is turning blue.

2095
01:56:35,688 --> 01:56:37,368
These are the reasons.

2096
01:56:37,368 --> 01:56:42,508
These are all related to this plot of land.

2097
01:56:42,508 --> 01:56:45,508
It is an inappropriate build.

2098
01:56:45,868 --> 01:56:47,868
Deny it.

2099
01:56:47,868 --> 01:56:50,268
>> Thank you, Miss Smith.

2100
01:56:55,401 --> 01:56:55,901
[Applause]

2101
01:56:55,901 --> 01:56:56,801
>> Gregory Hubert followed by Peggy Reed.

2102
01:56:56,801 --> 01:56:58,480
>> My name is Gregory Hubert.

2103
01:56:58,480 --> 01:57:00,188
I am a business owner here in Winchester.

2104
01:57:00,188 --> 01:57:02,940
I have two locations.

2105
01:57:02,940 --> 01:57:05,914
The primary argument that I heard from the applicant's

2106
01:57:05,914 --> 01:57:07,556
representative is that the M1 zoning

2107
01:57:07,556 --> 01:57:08,973
has a right of construction period

2108
01:57:08,973 --> 01:57:11,568
and that their proposed use is better than that

2109
01:57:11,568 --> 01:57:13,612
of a proposed industrial use.

2110
01:57:13,612 --> 01:57:16,341
I spoke they spoke of the studies

2111
01:57:16,341 --> 01:57:18,978
that they have done for noise, viewsheds, wetlands.

2112
01:57:18,978 --> 01:57:20,808
I didn't hear anything about what

2113
01:57:20,808 --> 01:57:24,944
good comes with this giant 72 acre data center.

2114
01:57:24,944 --> 01:57:28,260
Not counting the 60 foot height, including

2115
01:57:28,260 --> 01:57:32,288
the machinery on top, 42 class four diesel generators,

2116
01:57:32,288 --> 01:57:35,572
that as stated previously, are the size of locomotives.

2117
01:57:35,572 --> 01:57:39,840
Just in testing come on monthly they will burn 85,000 gallons

2118
01:57:39,840 --> 01:57:41,428
of diesel fuel over two years.

2119
01:57:41,428 --> 01:57:44,428
72 acres of core battlefield land

2120
01:57:45,328 --> 01:57:48,148
can turn into a giant electromagnetic eyesore

2121
01:57:48,148 --> 01:57:51,388
and it is not something Frederick County needs.

2122
01:57:51,388 --> 01:57:53,908
Walmart Supercenter uses about 5,000,000W yearly.

2123
01:57:53,908 --> 01:57:55,808
2 to 300 homes.

2124
01:57:55,808 --> 01:57:59,100
This place is going to use about 80 million.

2125
01:57:59,100 --> 01:58:01,808
That is 60,000 homes worth of power.

2126
01:58:01,808 --> 01:58:05,741
The proposal says they will use 35,000 gallons of water a day

2127
01:58:05,741 --> 01:58:08,396
equal that to 175 homes daily.

2128
01:58:08,396 --> 01:58:10,814
The power and water bills of my two shops

2129
01:58:10,814 --> 01:58:13,528
and that of my 20 employees has increased on average

2130
01:58:13,528 --> 01:58:15,528
21% up to 23% since 2022.

2131
01:58:17,156 --> 01:58:20,408
Aren't we already in a fight against a high voltage

2132
01:58:20,408 --> 01:58:22,908
passageway they are trying to take through the northern part

2133
01:58:22,908 --> 01:58:23,508
of the county.

2134
01:58:23,508 --> 01:58:26,808
I think we have joined a large suit against that.

2135
01:58:26,808 --> 01:58:28,228
The city of Winchester has.

2136
01:58:28,228 --> 01:58:30,572
What is the point of allowing something

2137
01:58:30,572 --> 01:58:34,405
of this size to grow in the south part of the county.

2138
01:58:34,405 --> 01:58:38,605
I would request that you vote no.

2139
01:58:39,348 --> 01:58:40,668
Thank you for your time.

2140
01:58:40,668 --> 01:58:41,388
>> Thank you.

2141
01:58:41,388 --> 01:58:46,188
Peggy Reed come on followed by Tom Ruth.

2142
01:58:50,348 --> 01:58:53,916
>> I am Peggy Reed and I am resident in Back Creek.

2143
01:58:53,916 --> 01:58:56,834
Also one of the communities closest to where the data

2144
01:58:56,834 --> 01:58:59,548
center might be built. We are hearing everybody

2145
01:58:59,548 --> 01:59:02,308
speak about all of the concerns and the fears

2146
01:59:02,308 --> 01:59:05,908
about the resources and the environment

2147
01:59:06,818 --> 01:59:09,648
here in beautiful Frederick County.

2148
01:59:09,648 --> 01:59:14,620
I haven't heard anybody say this tonight's come up but I think we

2149
01:59:14,620 --> 01:59:18,776
all also say come out we don't want to be Loudoun County.

2150
01:59:18,776 --> 01:59:22,685
I come originally from New York City.

2151
01:59:22,685 --> 01:59:26,548
I like to also share other things that I

2152
01:59:26,548 --> 01:59:28,548
don't think we want to be.

2153
01:59:28,548 --> 01:59:30,774
Nobody is really talking about the fact

2154
01:59:30,774 --> 01:59:36,774
that we already are an M1 light industrial zoned area.

2155
01:59:37,188 --> 01:59:43,188
We don't want to be where there are abandoned warehouses

2156
01:59:44,108 --> 01:59:46,614
like I saw in New York City.

2157
01:59:46,614 --> 01:59:50,852
And we don't want to be where I lived for 18 years

2158
01:59:50,852 --> 01:59:55,976
in Connecticut, in a small town where factories closed,

2159
01:59:55,976 --> 02:00:01,220
and the young people moved away, and the older people could not

2160
02:00:01,220 --> 02:00:02,854
afford higher taxes.

2161
02:00:02,854 --> 02:00:04,854
Schools were underfunded.

2162
02:00:06,134 --> 02:00:08,534
Property values were impacted .

2163
02:00:12,574 --> 02:00:15,396
What was the bailout for that community?

2164
02:00:15,396 --> 02:00:17,959
You don't want to have that here.

2165
02:00:17,959 --> 02:00:20,908
It was an Amazon distribution center.

2166
02:00:20,908 --> 02:00:27,508
While I lived in Connecticut, I worked at a data center.

2167
02:00:28,456 --> 02:00:30,944
One that I think all of you would have

2168
02:00:30,944 --> 02:00:35,360
actually said you would be proud to support.

2169
02:00:35,360 --> 02:00:40,888
We supported the design and build of the nation's submarines

2170
02:00:40,888 --> 02:00:41,554
and tanks.

2171
02:00:41,554 --> 02:00:44,868
We did it in North Connecticut with no negative impact

2172
02:00:44,868 --> 02:00:46,188
to the environment.

2173
02:00:46,188 --> 02:00:48,188
The company coexisted.

2174
02:00:49,828 --> 02:00:53,428
In 2004, I had the blessed opportunity

2175
02:00:54,132 --> 02:00:57,732
to move to this beautiful community.

2176
02:00:59,108 --> 02:01:06,634
I worked for a company whose main job is to find and provide

2177
02:01:06,634 --> 02:01:12,340
health care across states and federal government guess what?

2178
02:01:13,858 --> 02:01:17,604
That company in Ruston has its own data center

2179
02:01:17,604 --> 02:01:18,988
right on premises.

2180
02:01:18,988 --> 02:01:24,280
Whether we are talking about one data center here

2181
02:01:24,280 --> 02:01:27,280
that might support many companies,

2182
02:01:28,128 --> 02:01:33,528
or many companies who might move into this area

2183
02:01:34,280 --> 02:01:40,628
with their own data centers, we are talking about real resource

2184
02:01:41,868 --> 02:01:43,468
requirements.

2185
02:01:43,468 --> 02:01:46,468
Your job is very complex.

2186
02:01:48,614 --> 02:01:53,356
Your job should be devoid of any political fallout.

2187
02:01:53,356 --> 02:01:58,916
You need to tell us if this county has the resources that we

2188
02:01:58,916 --> 02:02:01,280
need to support industry.

2189
02:02:01,280 --> 02:02:04,148
Any industry because whether it is a data

2190
02:02:04,148 --> 02:02:08,748
center or any other one, they are going to use water,

2191
02:02:08,748 --> 02:02:10,848
they are going to use electricity,

2192
02:02:10,848 --> 02:02:14,532
and if they are multiple companies you have a data center

2193
02:02:14,532 --> 02:02:18,844
type things, it is going to fall under the radar and the resource

2194
02:02:18,844 --> 02:02:20,948
use is probably going to be worse.

2195
02:02:20,948 --> 02:02:22,948
Thank you.

2196
02:02:28,738 --> 02:02:30,668
>> Tom Ruth followed by Elizabeth Taylor.

2197
02:02:30,668 --> 02:02:31,428
>> Good evening.

2198
02:02:31,428 --> 02:02:32,828
My name is Tom Ruth.

2199
02:02:32,828 --> 02:02:35,840
I am the Back Creek District resident.

2200
02:02:35,840 --> 02:02:37,588
I live in Kernstown and I'm on the board

2201
02:02:37,588 --> 02:02:39,721
member of the Kernstown Battlefield Association.

2202
02:02:39,721 --> 02:02:43,428
I appreciate very much the work that you people do.

2203
02:02:43,428 --> 02:02:47,548
I reluctantly recognize the need for data centers.

2204
02:02:47,548 --> 02:02:51,268
However I strongly believe that they do not believe in --

2205
02:02:51,268 --> 02:02:54,708
belong in residential areas or certain historic Viewsheds.

2206
02:02:54,708 --> 02:02:58,636
Rather they should be located in Brownfield or industrial sites.

2207
02:02:58,636 --> 02:03:03,308
Very disturbing was the information on April 12th 2024

2208
02:03:03,308 --> 02:03:07,368
when Winchester start an article with Frederick supervisors

2209
02:03:07,368 --> 02:03:10,236
approved more light industrial development near Kernstown.

2210
02:03:10,236 --> 02:03:14,968
In the article it reads, in a vacant 72 acre property,

2211
02:03:14,968 --> 02:03:17,968
37 acres were already zoned M1.

2212
02:03:18,898 --> 02:03:21,540
The developer, which is Winchester Gateway,

2213
02:03:21,540 --> 02:03:27,540
wants to change the remaining 34 acres from rural to M1.

2214
02:03:27,588 --> 02:03:31,221
Notice importantly to many of us here,

2215
02:03:31,221 --> 02:03:33,740
the same article reads, according to the county

2216
02:03:33,740 --> 02:03:37,340
documents, the 34 acres had remained rural

2217
02:03:37,360 --> 02:03:40,301
while the other 37 acres were rezoned

2218
02:03:40,301 --> 02:03:45,648
M1 to serve as a buffer between existing residential uses

2219
02:03:45,648 --> 02:03:49,196
and the Kernstown battlefield to the east.

2220
02:03:49,196 --> 02:03:53,396
It appears before being rezoned in April 2024,

2221
02:03:55,148 --> 02:03:59,272
the county recognized the need for this rural buffer area.

2222
02:03:59,272 --> 02:04:02,488
It was not until Winchester Gateway instigation

2223
02:04:02,488 --> 02:04:07,728
of the zoning changed that was changed from rural to M1.

2224
02:04:07,728 --> 02:04:10,360
The same article reads the zoning

2225
02:04:10,360 --> 02:04:13,828
was approved despite uncertainty about how the property would

2226
02:04:13,828 --> 02:04:14,628
be developed.

2227
02:04:14,628 --> 02:04:18,808
It is certainly reasonable to believe that in April 2024,

2228
02:04:18,808 --> 02:04:21,879
Winchester Gateway knew the end use would be a data center.

2229
02:04:21,879 --> 02:04:24,881
I have a copy of the article if you would like to have it.

2230
02:04:24,881 --> 02:04:30,281
I respectfully ask for the denial of this CUP.

2231
02:04:31,788 --> 02:04:33,108
Thank you.

2232
02:04:33,108 --> 02:04:36,708
>> Elizabeth Taylor followed by David Dixon.

2233
02:04:37,708 --> 02:04:39,548
>> Elizabeth Aylor back Creek.

2234
02:04:39,548 --> 02:04:41,848
I'm going to speak to you in my expertise, which

2235
02:04:41,848 --> 02:04:46,400
is as a mother and a pollinator, garden and neighbor

2236
02:04:46,400 --> 02:04:48,680
of this beautiful community.

2237
02:04:48,680 --> 02:04:50,924
My children lay their heads right across the street

2238
02:04:50,924 --> 02:04:51,934
from this data center.

2239
02:04:51,934 --> 02:04:55,148
They go to school right down the street from this data center.

2240
02:04:55,148 --> 02:04:57,668
They play football and baseball right

2241
02:04:57,668 --> 02:04:59,668
across the street from this data center.

2242
02:04:59,668 --> 02:05:02,820
Every single angle affects my children and their health.

2243
02:05:02,820 --> 02:05:04,318
It affects my animals.

2244
02:05:04,318 --> 02:05:05,788
It affects our pollinators.

2245
02:05:05,788 --> 02:05:08,554
It affects our history it affects our culture.

2246
02:05:08,554 --> 02:05:12,268
I speak as a mother that has worked her whole life

2247
02:05:12,268 --> 02:05:16,393
through to the bone, blood, sweat and tears

2248
02:05:16,393 --> 02:05:18,930
to get where I am at in my life.

2249
02:05:18,930 --> 02:05:22,340
In middle age, finally getting stability and a lifetime,

2250
02:05:22,340 --> 02:05:25,188
decades of having to struggle economically,

2251
02:05:25,188 --> 02:05:28,188
education, moving around, housing crisis

2252
02:05:28,628 --> 02:05:31,280
peer crisis after crisis.

2253
02:05:31,228 --> 02:05:34,996
Every time I turn around, it is somebody trying to take from us.

2254
02:05:34,996 --> 02:05:37,788
Somebody trying to come into our rural lands,

2255
02:05:37,788 --> 02:05:42,204
disrupt our way of life and affect my private property.

2256
02:05:42,204 --> 02:05:43,100
My privacy.

2257
02:05:43,100 --> 02:05:46,538
I have friends across the street from this data center.

2258
02:05:46,538 --> 02:05:48,156
Victory church feeds people.

2259
02:05:48,156 --> 02:05:50,946
They have developed a sports program program for kids.

2260
02:05:50,946 --> 02:05:52,654
They are some of the best people and they

2261
02:05:52,654 --> 02:05:54,904
have to function with all of their beautiful community

2262
02:05:54,904 --> 02:05:57,840
looking at the data center humming their lives away.

2263
02:05:57,840 --> 02:05:59,228
Reports are coming out across the country

2264
02:05:59,228 --> 02:06:01,348
that kids are getting brain cancer.

2265
02:06:01,348 --> 02:06:04,373
Elementary schools are next to the low frequencies

2266
02:06:04,373 --> 02:06:06,248
that Mark and other people have talked about.

2267
02:06:06,248 --> 02:06:07,721
Seeds are not germinating.

2268
02:06:07,721 --> 02:06:13,121
Water resources, these are my people and no offense

2269
02:06:16,168 --> 02:06:20,281
you are coming in to develop my land and selling it to who?

2270
02:06:20,281 --> 02:06:21,679
Somebody that can bomb us.

2271
02:06:21,679 --> 02:06:24,148
What is going to be going through the data center.

2272
02:06:24,148 --> 02:06:26,136
This is my life.

2273
02:06:26,136 --> 02:06:28,961
I am a Virginian through and through

2274
02:06:28,961 --> 02:06:30,748
and I ask you all to have common sense

2275
02:06:30,748 --> 02:06:33,708
as we continue to plan and develop our strategies in order

2276
02:06:33,708 --> 02:06:35,538
to weave in good partnerships.

2277
02:06:35,538 --> 02:06:39,628
They spoke about putting a prison in.

2278
02:06:39,628 --> 02:06:44,880
Threatening us with a prison or putting in manufacturing.

2279
02:06:44,880 --> 02:06:45,788
Or putting in a data center.

2280
02:06:45,788 --> 02:06:48,840
There are infinite ways we can develop this

2281
02:06:48,840 --> 02:06:50,484
if we work together, Darius.

2282
02:06:50,484 --> 02:06:54,380
We can sit here and build a community that

2283
02:06:54,380 --> 02:06:57,368
is extraordinary we can weave things like Lesley's plans

2284
02:06:57,368 --> 02:06:59,476
with incredible new business models.

2285
02:06:59,476 --> 02:07:01,228
We can create partnerships that have

2286
02:07:01,228 --> 02:07:04,444
longevity and sustainability, that could go for decades.

2287
02:07:04,444 --> 02:07:06,768
Why don't we do creative things.

2288
02:07:06,768 --> 02:07:10,748
We can make this extraordinary, if we think thoroughly

2289
02:07:10,748 --> 02:07:12,580
and infinitely in the possibilities

2290
02:07:12,580 --> 02:07:15,100
of how we want to explore all of these beautiful things.

2291
02:07:15,100 --> 02:07:17,765
I beg of you, have mercy on me.

2292
02:07:17,765 --> 02:07:20,908
I am just a poor woman that just wants to raise her children

2293
02:07:20,908 --> 02:07:23,192
and sit in the back yard and look at the fireflies

2294
02:07:23,192 --> 02:07:24,486
and look at the stars.

2295
02:07:24,486 --> 02:07:26,854
Please protect me because I need protection

2296
02:07:26,854 --> 02:07:29,680
and I need you all to stand up for us.

2297
02:07:29,680 --> 02:07:31,680
Thank you.

2298
02:07:35,205 --> 02:07:37,205
[Applause]

2299
02:07:39,408 --> 02:07:43,800
>> David Dixon followed by Courtney Anderson.

2300
02:07:43,508 --> 02:07:45,680
>> David Dixon, Stonewall district.

2301
02:07:45,680 --> 02:07:47,544
These engineers can correct me if I'm wrong.

2302
02:07:47,544 --> 02:07:53,338
Last I checked, the entire s vac region load is 275MW.

2303
02:07:53,338 --> 02:07:57,538
This one data center is 160 Mega Center.

2304
02:07:58,280 --> 02:08:00,108
If I am correct.

2305
02:08:00,108 --> 02:08:02,680
The message is clear and simple.

2306
02:08:02,680 --> 02:08:06,121
Data centers have no place in Frederick County.

2307
02:08:06,121 --> 02:08:09,321
Our beautiful county is known for rich agriculture,

2308
02:08:09,321 --> 02:08:14,721
sprawling land, tourism, and the beloved Apple Blossom Festival.

2309
02:08:14,848 --> 02:08:19,804
Just to name a few things, you cannot and will not put a price

2310
02:08:19,804 --> 02:08:24,541
tag against our resolve that our precious resources come

2311
02:08:24,541 --> 02:08:28,581
specifically water, electricity, and land belong solely

2312
02:08:28,581 --> 02:08:31,372
to the county and the residents here.

2313
02:08:31,372 --> 02:08:34,558
As to the noise ordinance proposal,

2314
02:08:34,558 --> 02:08:38,618
this county has long supported a culture

2315
02:08:38,618 --> 02:08:40,856
of raising farm animals and fowl,

2316
02:08:40,856 --> 02:08:44,790
and it should be a continued welcome way of life.

2317
02:08:44,790 --> 02:08:45,978
This culture is a God given right.

2318
02:08:45,978 --> 02:08:48,948
Any restrictions on that will ruin

2319
02:08:48,948 --> 02:08:51,188
the livelihoods of many residents of the Stonewall

2320
02:08:51,188 --> 02:08:53,316
district, near the Quarry, deserve

2321
02:08:53,316 --> 02:08:55,598
to be prioritized for adequate buffer zones,

2322
02:08:55,598 --> 02:08:57,620
since we are talking about buffer zones.

2323
02:08:57,620 --> 02:09:00,788
To protect their land and livelihood.

2324
02:09:00,788 --> 02:09:03,468
Clark County has been statistically

2325
02:09:03,468 --> 02:09:05,388
fighting the installation of power lines

2326
02:09:05,388 --> 02:09:06,932
through privately owned land.

2327
02:09:06,932 --> 02:09:11,281
I move that Frederick and Clark counties join in the united

2328
02:09:11,281 --> 02:09:15,800
front to forward off the threats to the treasured neighboring

2329
02:09:15,800 --> 02:09:15,508
communities.

2330
02:09:15,508 --> 02:09:18,588
Together we will be stronger and it needs to start now.

2331
02:09:18,588 --> 02:09:20,988
We need your leadership.

2332
02:09:25,434 --> 02:09:26,228
[Applause]

2333
02:09:26,228 --> 02:09:29,828
>> Mr. Anderson followed by Erin Fox.

2334
02:09:31,908 --> 02:09:35,180
>> My name is Charlene Anderson from the Shawnee District.

2335
02:09:35,180 --> 02:09:38,348
I currently reside in the Shawnee District,

2336
02:09:38,348 --> 02:09:42,338
but I was born, raised, and lived in Back Creek,

2337
02:09:42,338 --> 02:09:44,610
specifically along middle road.

2338
02:09:44,610 --> 02:09:47,118
I cannot say any more than what the rest of the people have

2339
02:09:47,118 --> 02:09:47,618
said.

2340
02:09:47,618 --> 02:09:49,428
That is a beautiful area.

2341
02:09:49,428 --> 02:09:51,680
A rural area.

2342
02:09:51,680 --> 02:09:53,468
Has -- historic area.

2343
02:09:53,654 --> 02:09:57,738
A data center does not need to be built near subdivisions

2344
02:09:57,738 --> 02:09:59,588
and houses in the rural community

2345
02:09:59,588 --> 02:10:05,468
please find somewhere else to put it or deny it altogether.

2346
02:10:05,468 --> 02:10:10,108
Keep our country and our county beautiful in this spot.

2347
02:10:10,108 --> 02:10:11,908
Thank you.

2348
02:10:11,908 --> 02:10:13,908
>> Thank you.

2349
02:10:14,680 --> 02:10:17,668
>> Aaron Fox followed by Kurt Krieger.

2350
02:10:19,604 --> 02:10:21,187
>> You've got to love public speaking.

2351
02:10:21,187 --> 02:10:23,568
Aaron Fox come on back Creek District.

2352
02:10:23,568 --> 02:10:25,458
I live on ten acres on Apple Valley Road

2353
02:10:25,458 --> 02:10:27,500
where the Winchester Gateway project is proposed.

2354
02:10:27,500 --> 02:10:30,308
My kids are actually the fourth generation to live there.

2355
02:10:30,308 --> 02:10:33,438
Thank you all for carefully considering us,

2356
02:10:33,438 --> 02:10:35,331
for those of us with homes nearby.

2357
02:10:35,331 --> 02:10:36,748
I don't think that this project is

2358
02:10:36,748 --> 02:10:38,810
appropriate for several reasons.

2359
02:10:38,810 --> 02:10:41,508
The energy demands come at they conflict with the Comp plan,

2360
02:10:41,508 --> 02:10:42,572
air quality concerns.

2361
02:10:42,572 --> 02:10:44,568
The height of the buildings and the history.

2362
02:10:44,568 --> 02:10:47,168
First, we, and you are not allowed

2363
02:10:47,168 --> 02:10:49,680
to know how much power the data center needs

2364
02:10:49,680 --> 02:10:51,964
or what it will take to take that much power to the site.

2365
02:10:51,964 --> 02:10:53,381
Will it be new lines come a larger

2366
02:10:53,381 --> 02:10:54,604
lines come more substations.

2367
02:10:54,604 --> 02:10:56,530
None of us can know.

2368
02:10:56,530 --> 02:10:58,974
What we do know is that our grid is in crisis.

2369
02:10:58,974 --> 02:11:02,526
We are already having to fight the large inclines that are not

2370
02:11:02,526 --> 02:11:04,840
intended to power our county.

2371
02:11:04,840 --> 02:11:07,180
This is all happening because of irresponsible local approvals

2372
02:11:07,180 --> 02:11:09,280
and poor planning and Northern Virginia.

2373
02:11:09,280 --> 02:11:12,526
Nobody should have to or be able to put such a heavy burden

2374
02:11:12,526 --> 02:11:14,568
on our neighbors like we are experiencing because

2375
02:11:14,568 --> 02:11:16,468
of a conflict with the Comp plan,

2376
02:11:16,468 --> 02:11:18,924
it is true that this area is marked for industrial use.

2377
02:11:18,924 --> 02:11:21,628
It does align Therapeuic the Comp plan is so much

2378
02:11:21,628 --> 02:11:23,390
more than the land use maps.

2379
02:11:23,390 --> 02:11:24,956
Describes how we see the future of our county.

2380
02:11:24,956 --> 02:11:26,912
It is a reminder of what matters to us.

2381
02:11:26,912 --> 02:11:30,836
It keeps us responsible and true to our principles once we grow.

2382
02:11:30,836 --> 02:11:32,948
Holds us accountable, but only if we

2383
02:11:32,948 --> 02:11:35,908
let it begin the Business Development section the Comp

2384
02:11:35,908 --> 02:11:39,188
plan reminds us that the county should be proactive in ensuring

2385
02:11:39,188 --> 02:11:41,188
the resources necessary for business development

2386
02:11:41,188 --> 02:11:44,378
or planned for in a viable way if you could ask us to remember

2387
02:11:44,378 --> 02:11:47,788
that there is a finite capacity to the resources that must be

2388
02:11:47,788 --> 02:11:50,257
managed accordingly it also nudges us back

2389
02:11:50,257 --> 02:11:51,924
on the right path when we are distracted

2390
02:11:51,924 --> 02:11:55,298
by tax revenue and less traffic, by clearly stating,

2391
02:11:55,298 --> 02:11:58,137
overall a sound office and industrial business development

2392
02:11:58,137 --> 02:11:59,804
strategy will result in the conservation

2393
02:11:59,804 --> 02:12:02,468
of a variety of finite resources,

2394
02:12:02,468 --> 02:12:04,771
and promote a high quality of life for citizens.

2395
02:12:04,771 --> 02:12:07,348
Three times it mentions these standards.

2396
02:12:07,348 --> 02:12:08,761
They matter to us.

2397
02:12:08,761 --> 02:12:12,844
The power demands alone and is in stark contrast

2398
02:12:12,844 --> 02:12:14,652
poor to the current area plan it mentions

2399
02:12:14,652 --> 02:12:16,908
twice the focus of the area is specific for employment

2400
02:12:16,908 --> 02:12:17,491
opportunities.

2401
02:12:17,491 --> 02:12:19,988
If we are going to industrialize prime farmland,

2402
02:12:19,988 --> 02:12:23,160
push up against residential areas, and use this power,

2403
02:12:23,160 --> 02:12:25,870
it should provide plenty of local high wage jobs for guys

2404
02:12:25,870 --> 02:12:29,680
for the height of the buildings, 60ft with rooftop equipment that

2405
02:12:29,680 --> 02:12:32,891
could add additional ten feet it is too tall with our houses

2406
02:12:32,891 --> 02:12:33,641
across the street.

2407
02:12:33,641 --> 02:12:35,268
It will affect the historic experience.

2408
02:12:35,268 --> 02:12:39,988
As for air quality, two members of my extended family on Apple

2409
02:12:39,988 --> 02:12:41,368
Valley have respiratory issues.

2410
02:12:41,368 --> 02:12:45,108
One is on oxygen. A recent study found one of these

2411
02:12:45,108 --> 02:12:48,228
that these generators threaten local air quality.

2412
02:12:48,228 --> 02:12:51,248
I heard they are no worse than the tractor trailers that pass

2413
02:12:51,248 --> 02:12:52,948
by daily but why pilot on us.

2414
02:12:52,948 --> 02:12:55,338
We have already taken one for the team with route 37

2415
02:12:55,338 --> 02:12:55,838
right there.

2416
02:12:55,838 --> 02:12:57,213
The phase one archeological study

2417
02:12:57,213 --> 02:12:59,616
found two spots on their property near the spring.

2418
02:12:59,616 --> 02:13:02,668
One where the potential for encountering intact features

2419
02:13:02,668 --> 02:13:05,513
is high and the other where they found Native American tools

2420
02:13:05,513 --> 02:13:08,954
and ceramics dating back to before Europeans arrived.

2421
02:13:08,954 --> 02:13:12,988
A second study was recommended to establish National Register

2422
02:13:12,988 --> 02:13:14,841
eligibility, but has not been conducted.

2423
02:13:14,841 --> 02:13:18,108
I ask you to please deny your recommendation.

2424
02:13:18,108 --> 02:13:20,108
Thank you.

2425
02:13:23,645 --> 02:13:25,645
[Applause]

2426
02:13:26,631 --> 02:13:28,548
>> Kurt Krieger followed by Katherine Compton.

2427
02:13:28,548 --> 02:13:32,121
>> Good evening, members Kurt Krieger, Beck Creek district.

2428
02:13:32,121 --> 02:13:38,721
I would like to recognize that I attended the HRAB meeting

2429
02:13:39,248 --> 02:13:43,630
on April 17th where this was unanimously recommended,

2430
02:13:43,630 --> 02:13:45,222
that it be unanimously denied.

2431
02:13:45,222 --> 02:13:48,628
And then I attended the first of the Apple Valley Elementary

2432
02:13:48,628 --> 02:13:51,599
School open houses on May 11th.

2433
02:13:51,599 --> 02:13:56,244
I have taken the time to understand, I think.

2434
02:13:56,244 --> 02:13:59,844
I read the entire 300 page package.

2435
02:14:01,788 --> 02:14:05,108
I find three strikes on this.

2436
02:14:05,108 --> 02:14:08,108
Together I recommend, strongly recommend

2437
02:14:09,332 --> 02:14:12,848
that you deny this conditional use permit.

2438
02:14:12,848 --> 02:14:18,248
First really turns on the 2023 result imbedded in the 2023

2439
02:14:18,388 --> 02:14:21,174
rezone is the level one archeological survey,

2440
02:14:21,174 --> 02:14:23,948
which concluded on page 45 and 46

2441
02:14:23,948 --> 02:14:27,548
that level two reconnaissance be conducted

2442
02:14:30,908 --> 02:14:34,508
sufficient to establish National Register eligibility.

2443
02:14:35,243 --> 02:14:39,852
Why wouldn't the owner want more information about this site.

2444
02:14:39,852 --> 02:14:41,648
They are hiding that information.

2445
02:14:41,648 --> 02:14:46,448
They went to the HRAB and they were

2446
02:14:46,461 --> 02:14:48,961
asked for something that was called for three years earlier.

2447
02:14:48,961 --> 02:14:50,678
It is still not here today.

2448
02:14:50,678 --> 02:14:51,894
You are being deceived.

2449
02:14:51,894 --> 02:14:55,348
You are only getting partial Information about this site.

2450
02:14:55,348 --> 02:14:58,948
The other deception, strike two, is

2451
02:14:59,108 --> 02:15:04,508
that you have gotten some fairly generic graphic portraits

2452
02:15:06,916 --> 02:15:09,492
of what that would look like.

2453
02:15:09,492 --> 02:15:10,868
It happens in summer to.

2454
02:15:10,868 --> 02:15:14,278
Do you notice that there are no leaves on the trees for more

2455
02:15:14,278 --> 02:15:15,193
than half the year.

2456
02:15:15,193 --> 02:15:20,880
Pritchard Hill is looking at a bank of trees featured in July.

2457
02:15:20,880 --> 02:15:22,801
That is in full season.

2458
02:15:22,801 --> 02:15:24,374
It is basically a trick to show you

2459
02:15:24,374 --> 02:15:26,468
this will blend into the landscape.

2460
02:15:26,468 --> 02:15:30,668
The staff and the HRAB both attempted

2461
02:15:32,548 --> 02:15:36,180
to mitigate this with a 45 inch height which is indifferent.

2462
02:15:36,180 --> 02:15:39,361
Not only is the property owner or developer

2463
02:15:39,361 --> 02:15:41,444
indifferent to the historic value of the property,

2464
02:15:41,444 --> 02:15:43,808
they are indifferent to the overall final appearance

2465
02:15:43,808 --> 02:15:45,188
of the property.

2466
02:15:45,188 --> 02:15:49,988
Third, the more critical, is public health, safety,

2467
02:15:50,356 --> 02:15:51,120
and welfare.

2468
02:15:51,120 --> 02:15:52,598
The other matters are concerned.

2469
02:15:52,598 --> 02:15:54,480
They are not Disqualifiers.

2470
02:15:54,480 --> 02:15:56,508
Public health, safety and welfare.

2471
02:15:56,508 --> 02:15:59,188
The ambient noise and the particulate air pollution

2472
02:15:59,188 --> 02:16:02,788
are clearly inconsistent with your standards

2473
02:16:04,476 --> 02:16:07,845
and cause enough for this to be denied.

2474
02:16:07,845 --> 02:16:12,670
I would not note that there is no safe level

2475
02:16:12,670 --> 02:16:14,948
of particulate emissions from these generators

2476
02:16:14,948 --> 02:16:19,236
and that DEQ, especially with regard to the Vantage Data

2477
02:16:19,236 --> 02:16:22,468
Center in Sterling has proven itself not only

2478
02:16:22,468 --> 02:16:24,915
to be incompetent with regard to public health,

2479
02:16:24,915 --> 02:16:26,358
but really indifferent.

2480
02:16:26,358 --> 02:16:30,319
Don't rely on the state to be enforcing a standard.

2481
02:16:30,319 --> 02:16:32,548
It is up to you to deny this project.

2482
02:16:32,548 --> 02:16:34,548
Thank you.

2483
02:16:39,958 --> 02:16:41,958
[Applause]

2484
02:16:42,583 --> 02:16:44,983
>> Compton followed by Theresa.

2485
02:16:48,677 --> 02:16:50,100
>> My name is Katherine Compton.

2486
02:16:50,100 --> 02:16:52,379
I live at the village for Harvest Ridge.

2487
02:16:52,379 --> 02:16:56,519
It is between Middle Road and Cedar Creek grade.

2488
02:16:56,519 --> 02:16:59,611
It was built on a wetland.

2489
02:16:59,611 --> 02:17:03,708
It is only roughly a mile from where

2490
02:17:03,708 --> 02:17:06,681
this data center is going in.

2491
02:17:06,681 --> 02:17:10,227
Nearly all of us that live on Mikey Court

2492
02:17:10,227 --> 02:17:14,145
deal with groundwater coming up in our crawl spaces.

2493
02:17:14,145 --> 02:17:15,710
We have to have dehumidifiers.

2494
02:17:15,710 --> 02:17:19,310
We have to have sump pumps.

2495
02:17:20,227 --> 02:17:24,924
The neighbor who lives just one development over,

2496
02:17:24,924 --> 02:17:29,732
all of those Fellows over there are on well water.

2497
02:17:29,732 --> 02:17:33,932
I decided, since data centers are basically

2498
02:17:37,360 --> 02:17:39,418
built to support artificial intelligence,

2499
02:17:39,418 --> 02:17:43,128
that I should ask artificial intelligence whether we

2500
02:17:43,128 --> 02:17:45,528
should have data centers.

2501
02:17:47,308 --> 02:17:52,708
Data centers should never be located on karst terrain.

2502
02:17:55,484 --> 02:17:58,268
That is what artificial intelligence says.

2503
02:17:58,268 --> 02:18:04,268
It says that locating a data center on karst terrain

2504
02:18:05,773 --> 02:18:08,773
well severe environmental risks related

2505
02:18:09,168 --> 02:18:11,854
to groundwater contamination, sinkhole activation

2506
02:18:11,854 --> 02:18:14,147
and complex underground drainage.

2507
02:18:14,147 --> 02:18:16,147
Rapid groundwater contamination.

2508
02:18:18,400 --> 02:18:21,400
Karst topography features sinkholes, fractures

2509
02:18:22,788 --> 02:18:25,459
and underground channels that connect the land surface

2510
02:18:25,459 --> 02:18:27,675
directly to the water table.

2511
02:18:27,675 --> 02:18:31,275
Fuel leaks from diesel backup generators

2512
02:18:31,768 --> 02:18:35,147
are chemical spills from cooling systems

2513
02:18:35,147 --> 02:18:39,897
and can enter the drinking water aquifers almost instantly

2514
02:18:39,897 --> 02:18:42,297
without natural soil filtration.

2515
02:18:43,188 --> 02:18:45,188
Wastewater issues .

2516
02:18:47,998 --> 02:18:50,724
Flushing or discharging treated or cooled water,

2517
02:18:50,724 --> 02:18:54,924
or construction wastewater can introduce unexpected bacteria,

2518
02:18:56,608 --> 02:19:00,808
or chemical additives directly into delicate subterranean

2519
02:19:01,428 --> 02:19:02,561
ecosystems.

2520
02:19:02,561 --> 02:19:04,961
Sinkhole formation and subsidence.

2521
02:19:06,908 --> 02:19:11,108
Paving large areas and concentrating stormwater runoff

2522
02:19:12,534 --> 02:19:16,134
into retention basins or drainage wells

2523
02:19:16,468 --> 02:19:18,868
accelerates the natural dissolution

2524
02:19:19,268 --> 02:19:21,268
of underlying limestone.

2525
02:19:21,988 --> 02:19:26,188
Infiltrating water erodes the surface sediments down

2526
02:19:31,680 --> 02:19:35,868
into bedrock voids come out triggering sudden ground

2527
02:19:36,628 --> 02:19:39,280
collapse, or sinkholes underneath

2528
02:19:39,654 --> 02:19:45,284
heavy industrial infrastructure, which is what a data center is.

2529
02:19:45,284 --> 02:19:48,284
Fluctuations in local water tables

2530
02:19:48,492 --> 02:19:53,292
caused by heavy double heavy pumping or shifting

2531
02:19:53,448 --> 02:19:57,648
drainage patterns can destabilize the regular bedrock

2532
02:19:59,940 --> 02:20:00,388
soil property.

2533
02:20:00,388 --> 02:20:02,388
Unpredictable subsurface flow.

2534
02:20:04,588 --> 02:20:06,568
Underground rivers.

2535
02:20:06,568 --> 02:20:11,368
Water runs through karst conduits meaning pollutants can

2536
02:20:17,708 --> 02:20:20,798
travel massive distances in a very short time period I would

2537
02:20:20,798 --> 02:20:22,798
ask that --

2538
02:20:23,660 --> 02:20:26,100
one of the other people here said

2539
02:20:26,100 --> 02:20:29,860
you should have a geologist decide whether or not

2540
02:20:29,860 --> 02:20:33,760
this thing should be built brick I don't think that has happened.

2541
02:20:33,760 --> 02:20:39,760
I think it is absolutely crazy if you do it.

2542
02:20:41,368 --> 02:20:43,368
[Applause]

2543
02:20:44,260 --> 02:20:46,660
>> Teresa followed by Cynthia.

2544
02:20:48,448 --> 02:20:49,448
>> I am from Back Creek.

2545
02:20:49,448 --> 02:20:51,708
My name is Teresa Ostertag.

2546
02:20:51,708 --> 02:20:56,508
Gateway is over 600 zero square feet with 42 generators

2547
02:20:57,348 --> 02:20:59,920
on the original proffer.

2548
02:20:59,920 --> 02:21:00,658
It said phase one.

2549
02:21:00,658 --> 02:21:03,908
I will say come on Mr. Lawson seemed quite bold

2550
02:21:03,908 --> 02:21:06,700
hinting at intimidation with what could be built

2551
02:21:06,700 --> 02:21:09,588
and not even adjusting the 60 foot height

2552
02:21:09,588 --> 02:21:11,268
without the chillers on top.

2553
02:21:11,268 --> 02:21:14,294
You had asked for 40ft in height or to bury it.

2554
02:21:14,294 --> 02:21:15,468
They offered nothing.

2555
02:21:15,468 --> 02:21:17,382
Gateway is a problem.

2556
02:21:17,382 --> 02:21:21,779
It is a problem to me in many ways.

2557
02:21:21,779 --> 02:21:23,664
My mom is a heart patient.

2558
02:21:23,664 --> 02:21:29,633
She is on oxygen. This would not be good for her health,

2559
02:21:29,633 --> 02:21:32,578
but it is not just my mom.

2560
02:21:32,578 --> 02:21:34,508
There are three senior subdivisions right

2561
02:21:34,508 --> 02:21:37,624
across the street which have lots of heart patients.

2562
02:21:37,624 --> 02:21:40,360
People on oxygen. People with fragile health.

2563
02:21:40,360 --> 02:21:41,120
They matter.

2564
02:21:41,120 --> 02:21:46,456
They may not be able to be here today, but they all matter.

2565
02:21:46,456 --> 02:21:50,990
Sometimes they get lost in the shuffle of the busy day to day.

2566
02:21:50,990 --> 02:21:52,268
Our lives are stressed to the max.

2567
02:21:52,268 --> 02:21:56,468
I can hardly sleep thinking about this.

2568
02:21:56,468 --> 02:22:01,752
The great -- grid is so bad right now.

2569
02:22:01,752 --> 02:22:04,548
There are 381 data centers running in Virginia right now.

2570
02:22:04,548 --> 02:22:07,484
There are 438 more that are not hooked into the grid.

2571
02:22:07,484 --> 02:22:10,241
Let's talk about what could change in a month.

2572
02:22:10,241 --> 02:22:12,581
Our governor could say, and mandate

2573
02:22:12,581 --> 02:22:15,548
that they can have on site power generation because

2574
02:22:15,548 --> 02:22:16,988
of grid issues.

2575
02:22:16,988 --> 02:22:18,794
What does that do?

2576
02:22:18,794 --> 02:22:22,740
It could allow gateway to have on site power generation, which

2577
02:22:22,740 --> 02:22:25,828
would create more noise, air pollution, breathing disorders,

2578
02:22:25,828 --> 02:22:28,468
and if you did not know, power generation also

2579
02:22:28,468 --> 02:22:30,268
uses a lot of water.

2580
02:22:30,268 --> 02:22:32,694
The people that vote these in do not

2581
02:22:32,694 --> 02:22:37,494
care if there is clean water or air.

2582
02:22:37,732 --> 02:22:41,788
People, speaking of on site power generation,

2583
02:22:41,788 --> 02:22:46,508
Elon Musk two hyperscale data centers, colossus one and two

2584
02:22:46,508 --> 02:22:48,218
outside of Memphis use gas turbines.

2585
02:22:48,218 --> 02:22:52,361
The neighbors are allegedly sick and dying of asthma, bronchitis,

2586
02:22:52,361 --> 02:22:54,761
COPD, pneumonia, and cancer.

2587
02:22:56,118 --> 02:23:00,772
These are not things that can happen these

2588
02:23:00,772 --> 02:23:02,312
are things that can happen.

2589
02:23:02,312 --> 02:23:05,140
The internet has been cleaned up since a lot of this information

2590
02:23:05,140 --> 02:23:06,164
came out.

2591
02:23:06,164 --> 02:23:09,764
You try putting 40 gas turbines --

2592
02:23:09,888 --> 02:23:13,988
I'm not saying they have 40 gas turbines but you get the idea.

2593
02:23:13,988 --> 02:23:15,793
It is leaving fine particulate matter

2594
02:23:15,793 --> 02:23:18,708
and you tell me that is good for your lungs or your projected

2595
02:23:18,708 --> 02:23:20,708
lifespan.

2596
02:23:25,348 --> 02:23:28,348
Do not fear a lawsuit.

2597
02:23:28,881 --> 02:23:32,400
They didn't even attempt to change the height

2598
02:23:32,400 --> 02:23:33,588
quite bold today.

2599
02:23:33,588 --> 02:23:35,831
That is all that I have to say.

2600
02:23:35,831 --> 02:23:38,147
But I thank you for listening because there

2601
02:23:38,147 --> 02:23:41,560
are some great people here that I have spoke before me that

2602
02:23:41,560 --> 02:23:42,801
are not as nervous as I am.

2603
02:23:42,801 --> 02:23:44,884
I know that a lot of you take this very seriously.

2604
02:23:44,884 --> 02:23:47,302
And I also know that you can say no

2605
02:23:47,302 --> 02:23:49,248
and it will still go to the board.

2606
02:23:49,248 --> 02:23:51,708
That is for everybody behind me to know.

2607
02:23:51,708 --> 02:23:55,141
You can say no and they can still say yes.

2608
02:23:55,141 --> 02:23:57,141
Thank you.

2609
02:24:01,688 --> 02:24:02,188
[Applause]

2610
02:24:02,188 --> 02:24:04,948
>> Cynthia Miller and that is the last person you currently

2611
02:24:04,948 --> 02:24:08,248
have signed up come up Mr. Chairman.

2612
02:24:08,248 --> 02:24:09,100
>> Thank you.

2613
02:24:09,100 --> 02:24:11,100
Miss Miller.

2614
02:24:18,555 --> 02:24:21,569
Chairman Stowe: Would any of the ones with written comments

2615
02:24:21,569 --> 02:24:23,652
have anything additional they would like to share.

2616
02:24:23,652 --> 02:24:26,652
This would be the time.

2617
02:24:28,348 --> 02:24:30,748
Are you Miss Miller?

2618
02:24:31,668 --> 02:24:34,828
>> My name is Charles but I am from the Gainsboro district.

2619
02:24:34,828 --> 02:24:40,578
Thank you very much to all of you here tonight.

2620
02:24:40,578 --> 02:24:42,302
We appreciate everything you are doing.

2621
02:24:42,302 --> 02:24:46,276
I know you are not just here for the paycheck.

2622
02:24:46,276 --> 02:24:50,680
One thing that I wanted to add that I have not heard tonight.

2623
02:24:50,680 --> 02:24:52,718
I have heard a lot but I have not heard this.

2624
02:24:52,718 --> 02:24:59,156
29 years ago was the first data center built in Loudoun County.

2625
02:24:59,156 --> 02:25:03,956
Today there are over close to 250 data centers

2626
02:25:04,948 --> 02:25:07,204
just in Loudoun County.

2627
02:25:07,204 --> 02:25:10,204
In 29 years, almost 250 data centers

2628
02:25:12,640 --> 02:25:15,568
appear please do not do that to Frederick County.

2629
02:25:15,568 --> 02:25:19,858
Do not set a precedent for Frederick County

2630
02:25:19,858 --> 02:25:21,211
and destroy our county.

2631
02:25:21,211 --> 02:25:23,211
Turn it down.

2632
02:25:28,203 --> 02:25:30,603
Chairman Stowe: Thank you.

2633
02:25:30,641 --> 02:25:32,964
>> My name is Alexander Ritter.

2634
02:25:32,964 --> 02:25:36,564
I reside in the Opequon district.

2635
02:25:37,614 --> 02:25:43,348
The CUP allows a zone ordinance not by right but certain --

2636
02:25:43,348 --> 02:25:45,468
only if certain conditions are met.

2637
02:25:45,468 --> 02:25:48,588
Unlike other states, Virginia considers conditional use

2638
02:25:48,588 --> 02:25:51,884
permits to be legislative which brings broad discretion

2639
02:25:51,884 --> 02:25:52,676
to reasonably deny.

2640
02:25:52,676 --> 02:25:54,388
When you consider the application,

2641
02:25:54,388 --> 02:25:57,880
I ask you to consider that the burden of proof

2642
02:25:57,880 --> 02:25:59,868
is on the applicant to prove that your decision would

2643
02:25:59,868 --> 02:26:03,308
be clearly unreasonable, arbitrary or capricious.

2644
02:26:03,308 --> 02:26:05,228
That it bears no reasonable relation

2645
02:26:05,228 --> 02:26:10,628
to the public health, safety, morals, or general welfare.

2646
02:26:10,716 --> 02:26:14,680
Allow me to ask you this if this were a project that

2647
02:26:14,680 --> 02:26:16,260
requires such strict conditions to avoid

2648
02:26:16,260 --> 02:26:19,228
any potential impacts, is it that unreasonable to deny

2649
02:26:19,228 --> 02:26:21,900
considering the planning staff have raised concerns

2650
02:26:21,900 --> 02:26:24,384
about the uncertainty regarding the project,

2651
02:26:24,384 --> 02:26:27,596
and the risks it could pose, is it worth it?

2652
02:26:27,596 --> 02:26:30,236
As Kurt mentioned, you are being deceived.

2653
02:26:30,236 --> 02:26:34,821
This project is a half big scheme from someone

2654
02:26:34,821 --> 02:26:36,988
who is not a data center developer looking to profit

2655
02:26:36,988 --> 02:26:38,428
from data center development.

2656
02:26:38,428 --> 02:26:39,182
I have met him.

2657
02:26:39,182 --> 02:26:40,530
What does he do?

2658
02:26:40,530 --> 02:26:42,638
He is a banker and a land speculator.

2659
02:26:42,638 --> 02:26:46,660
He is also unsuccessfully tried to take over mobile homes

2660
02:26:46,660 --> 02:26:47,652
and evict them.

2661
02:26:47,652 --> 02:26:49,894
He has built townhomes.

2662
02:26:49,894 --> 02:26:51,311
I spoke with him at the open house

2663
02:26:51,311 --> 02:26:53,313
and he could not answer a single question

2664
02:26:53,313 --> 02:26:55,200
without referring to someone else.

2665
02:26:55,200 --> 02:26:57,268
He had no idea.

2666
02:26:57,268 --> 02:26:59,760
What data centers have they built?

2667
02:26:59,760 --> 02:27:01,718
What projects have been built that demonstrated

2668
02:27:01,718 --> 02:27:03,860
such good quality of the design?

2669
02:27:03,860 --> 02:27:07,828
His track record shows a lack of transparency and ruthlessness

2670
02:27:07,828 --> 02:27:11,228
towards others operating under the name Crescent Mobile

2671
02:27:11,228 --> 02:27:13,828
Partners, he purchased a mobile home park,

2672
02:27:13,828 --> 02:27:16,583
his goal was obviously to get rid of the park,

2673
02:27:16,583 --> 02:27:18,718
even though residents had been there

2674
02:27:18,718 --> 02:27:20,794
for years when he bought it, he refused

2675
02:27:20,794 --> 02:27:23,208
to say whether he was going to sell or not.

2676
02:27:23,208 --> 02:27:25,340
He sent the residents a letter saying

2677
02:27:25,340 --> 02:27:28,710
the homes they own would be safe for at least

2678
02:27:28,710 --> 02:27:30,428
another year after the sale closes.

2679
02:27:30,428 --> 02:27:31,108
Were they?

2680
02:27:31,108 --> 02:27:33,620
He did not even get the residents

2681
02:27:33,620 --> 02:27:37,358
a means to contact him about updates about what is going on.

2682
02:27:37,358 --> 02:27:40,646
The email address he provided so that residents could receive

2683
02:27:40,646 --> 02:27:42,710
emails come up with future updates

2684
02:27:42,710 --> 02:27:44,628
come up was not a working email address

2685
02:27:44,628 --> 02:27:47,508
and that was corroborated by The Loudoun Times-mirror.

2686
02:27:47,508 --> 02:27:51,708
Luckily those residents fought with unwavering strength

2687
02:27:51,868 --> 02:27:53,588
and he backed out.

2688
02:27:53,588 --> 02:27:56,436
Let me ask you, do we want someone

2689
02:27:56,436 --> 02:27:58,788
like him developing in our county whose

2690
02:27:58,788 --> 02:28:02,548
lack of trustworthiness calls those residents with nowhere

2691
02:28:02,548 --> 02:28:04,343
else to go suffering.

2692
02:28:04,343 --> 02:28:06,972
Are all of those conditions in the proffers

2693
02:28:06,972 --> 02:28:09,508
are all of those things that developers

2694
02:28:09,508 --> 02:28:11,934
promise going to be adhered to are they stated

2695
02:28:11,934 --> 02:28:13,396
as shall and not may.

2696
02:28:13,396 --> 02:28:16,428
Or any of the requirements going to be addressed in the proffers?

2697
02:28:16,428 --> 02:28:18,845
Or is it that we will address it in the site plan.

2698
02:28:18,845 --> 02:28:20,654
If it is addressed in the site plan,

2699
02:28:20,654 --> 02:28:22,428
you may want to reconsider.

2700
02:28:22,428 --> 02:28:25,233
With all of that said, I want to point out that regardless of

2701
02:28:25,233 --> 02:28:28,368
whether or not it was zoned M1 years ago,

2702
02:28:28,368 --> 02:28:32,308
data centers as they currently are were not a contemplated use.

2703
02:28:32,308 --> 02:28:35,908
The is something the county grants.

2704
02:28:38,380 --> 02:28:44,380
They have no right but to adhere to our values.

2705
02:28:46,548 --> 02:28:48,438
>> I am Becky Rieger Gainsboro district.

2706
02:28:48,438 --> 02:28:51,534
I think sitting here I was not going to comment tonight,

2707
02:28:51,534 --> 02:28:54,521
but I felt like I wanted to know why

2708
02:28:54,521 --> 02:28:56,834
we are allowing outside development companies to come

2709
02:28:56,834 --> 02:28:58,275
and talk to us like this.

2710
02:28:58,275 --> 02:29:02,121
To talk down to us, as if we should be grateful for a living

2711
02:29:02,121 --> 02:29:06,153
wall or a higher berm because if you guys don't understand we

2712
02:29:06,153 --> 02:29:08,572
are what a conditional use permit is.

2713
02:29:08,572 --> 02:29:11,868
I recently intended the invite only Equus meeting held

2714
02:29:11,868 --> 02:29:13,548
at the Clearbrook Fire Center.

2715
02:29:13,548 --> 02:29:14,628
It was outside.

2716
02:29:14,628 --> 02:29:17,548
I was not lucky enough to be one of the select few

2717
02:29:17,548 --> 02:29:18,908
to get the invite.

2718
02:29:18,908 --> 02:29:22,668
Like this company, Equus has also never built a data center

2719
02:29:22,668 --> 02:29:24,604
before the only difference is these guys

2720
02:29:24,604 --> 02:29:27,628
are from Virginia and Equus is from Pennsylvania

2721
02:29:27,628 --> 02:29:30,228
and they gave us cookies.

2722
02:29:30,228 --> 02:29:33,384
I heard the same argument tonight that I heard on August

2723
02:29:33,384 --> 02:29:33,884
25th.

2724
02:29:33,884 --> 02:29:37,121
Which is come if we reject this proposal the land will

2725
02:29:37,121 --> 02:29:39,628
be developed with a far less desirable project or perhaps

2726
02:29:39,628 --> 02:29:40,428
a lawsuit.

2727
02:29:40,428 --> 02:29:42,938
Either way, this is a tactic that residents

2728
02:29:42,938 --> 02:29:44,363
have heard before.

2729
02:29:44,363 --> 02:29:46,988
It is one that attempts to make our planning commissioners come

2730
02:29:46,988 --> 02:29:49,353
a supervisors, and others feel like we do not

2731
02:29:49,353 --> 02:29:50,412
have any choice here.

2732
02:29:50,412 --> 02:29:53,540
Yield to an unwanted development out

2733
02:29:53,540 --> 02:29:55,418
of fear of a hypothetical alternative or lawsuit

2734
02:29:55,418 --> 02:29:57,100
undermines our community's involvement

2735
02:29:57,100 --> 02:30:00,410
and deprives residents of a say in how our county grows.

2736
02:30:00,410 --> 02:30:02,508
I am just here to ask you to please

2737
02:30:02,508 --> 02:30:04,100
listen to your constituents.

2738
02:30:04,100 --> 02:30:05,928
Do not bow to outside Development forces.

2739
02:30:05,928 --> 02:30:07,968
Let them threaten you guys.

2740
02:30:07,968 --> 02:30:11,134
But do what is right for our community and future.

2741
02:30:11,134 --> 02:30:13,134
Thank you.

2742
02:30:17,672 --> 02:30:19,672
[Applause]

2743
02:30:21,216 --> 02:30:21,832
>> Hello.

2744
02:30:21,832 --> 02:30:26,321
My name is Jack Tinsley and I'm from the Gainsboro district.

2745
02:30:26,321 --> 02:30:31,280
I've got to tell you Chairman Stoke I'm originally

2746
02:30:31,280 --> 02:30:34,730
I was trying to stand up to tell you all how grateful I

2747
02:30:34,730 --> 02:30:37,480
am that you listen to us and have

2748
02:30:37,480 --> 02:30:38,868
back and forth conversation.

2749
02:30:38,868 --> 02:30:41,574
You share your opinions, unlike the board.

2750
02:30:41,574 --> 02:30:43,800
That is what I meant to say earlier.

2751
02:30:43,800 --> 02:30:45,668
I'm not going to take it personally.

2752
02:30:45,668 --> 02:30:49,481
I know you didn't mean it like that.

2753
02:30:49,481 --> 02:30:51,448
First off thank you.

2754
02:30:51,448 --> 02:30:53,894
The Planning Commission has not been shy about sharing

2755
02:30:53,894 --> 02:30:56,454
individual opinions about data centers, etc..

2756
02:30:56,454 --> 02:30:59,454
Voting unanimously against recommending Equus

2757
02:30:59,548 --> 02:31:02,330
gave many of us hope and breathe a sigh of relief.

2758
02:31:02,330 --> 02:31:02,908
That was really good.

2759
02:31:02,908 --> 02:31:06,796
I'm going to ask you again to recommend a denial for this data

2760
02:31:06,796 --> 02:31:07,588
center.

2761
02:31:07,588 --> 02:31:12,388
In June of 2025, the commission sent gateway application

2762
02:31:12,948 --> 02:31:14,800
for various reasons.

2763
02:31:14,800 --> 02:31:15,262
You had good concerns.

2764
02:31:15,262 --> 02:31:17,899
I'm just hoping that you all really look

2765
02:31:17,899 --> 02:31:21,368
to make sure that they are addressing those concerns.

2766
02:31:21,368 --> 02:31:25,600
Which after listening, I do not think that they have.

2767
02:31:25,600 --> 02:31:27,412
Obviously I think it is kind of cringey to be showing

2768
02:31:27,412 --> 02:31:30,748
up over and over again, asking for access here

2769
02:31:30,748 --> 02:31:32,681
please let us come hang out at your backyard.

2770
02:31:32,681 --> 02:31:34,884
We do not want them here.

2771
02:31:34,884 --> 02:31:37,596
Nobody back here wants them here.

2772
02:31:37,596 --> 02:31:38,828
No offense.

2773
02:31:38,828 --> 02:31:40,494
We don't want the data centers.

2774
02:31:40,494 --> 02:31:42,121
That is really what it comes down to

2775
02:31:42,121 --> 02:31:44,717
at the end of all of this.

2776
02:31:44,717 --> 02:31:48,250
Something else come up with my one minute and 30 left,

2777
02:31:48,250 --> 02:31:52,476
there has been a lot of climate related disaster.

2778
02:31:52,476 --> 02:31:56,170
I think we just lived through four heat domes in the area

2779
02:31:56,170 --> 02:31:57,668
up here plus all of the droughts.

2780
02:31:57,668 --> 02:31:59,680
Everyone has spoke on that.

2781
02:31:59,680 --> 02:32:02,561
Did you guys see the glacier that fell off and caused

2782
02:32:02,561 --> 02:32:03,548
the huge flood.

2783
02:32:03,548 --> 02:32:05,548
And then the one in the Grand Canyon.

2784
02:32:05,548 --> 02:32:08,508
And then the one in Indiana, where Gary

2785
02:32:08,508 --> 02:32:10,668
was without power for 14 days.

2786
02:32:10,668 --> 02:32:12,763
I don't know if you saw all of that.

2787
02:32:12,763 --> 02:32:15,241
We have climate devastation happening.

2788
02:32:15,241 --> 02:32:18,524
Data centers use 25% of Virginia's energy.

2789
02:32:18,524 --> 02:32:22,428
Which is also related to gas use which

2790
02:32:22,428 --> 02:32:24,428
increases climate disaster.

2791
02:32:24,438 --> 02:32:27,548
You don't really have to listen to me.

2792
02:32:27,548 --> 02:32:29,483
Please listen to what everybody else said.

2793
02:32:29,483 --> 02:32:31,148
Lizzie had a really strong argument

2794
02:32:31,148 --> 02:32:33,308
that I think hit me in my soul.

2795
02:32:33,308 --> 02:32:36,920
Hopefully that will touch you all.

2796
02:32:36,920 --> 02:32:40,292
There is something bigger about a CUP

2797
02:32:43,724 --> 02:32:45,338
that I wanted the record here tonight

2798
02:32:45,338 --> 02:32:48,365
we are going to talk about it as property is offering to be used

2799
02:32:48,365 --> 02:32:49,865
but you are going to be recommending

2800
02:32:49,865 --> 02:32:52,587
the approval or denial of a building, not a tenant.

2801
02:32:52,587 --> 02:32:55,400
That is really important because we don't know necessarily

2802
02:32:55,400 --> 02:32:57,144
who is leasing it, what will run inside

2803
02:32:57,144 --> 02:32:59,680
of it, who the customer will be, what they

2804
02:32:59,680 --> 02:33:00,968
will do with the data center.

2805
02:33:00,968 --> 02:33:03,874
Once it is built, it is not coming back to the public.

2806
02:33:03,874 --> 02:33:06,823
We don't get to talk to them about how they use what is

2807
02:33:06,823 --> 02:33:08,340
happening in the data center.

2808
02:33:08,340 --> 02:33:10,418
Not to this commission, not the Board of supervisors,

2809
02:33:10,418 --> 02:33:13,430
and nobody else in this room.

2810
02:33:13,430 --> 02:33:18,678
It is not a little thing to hand over to a data center company

2811
02:33:18,678 --> 02:33:22,241
which harvests all of our data where we travel, etc..

2812
02:33:22,241 --> 02:33:24,460
I'm going to respect the clock.

2813
02:33:24,460 --> 02:33:25,852
Please vote no.

2814
02:33:25,852 --> 02:33:29,484
I do not recommend approval of this.

2815
02:33:29,484 --> 02:33:31,484
Thank you.

2816
02:33:36,610 --> 02:33:36,561
[Applause]

2817
02:33:36,561 --> 02:33:38,315
>> Good evening Commission members and Mr.

2818
02:33:38,315 --> 02:33:41,968
Chairman my name is Brian and I'm a resident of the Opequon

2819
02:33:41,968 --> 02:33:42,468
district.

2820
02:33:42,468 --> 02:33:44,296
I am a positive person and I've heard

2821
02:33:44,296 --> 02:33:45,964
a lot of people saying no tonight

2822
02:33:45,964 --> 02:33:47,593
and I'm kind of getting tired of it

2823
02:33:47,593 --> 02:33:50,813
I want to turn the page a little bit because let's say yes come

2824
02:33:50,813 --> 02:33:54,614
on but in order to do that, we have to turn the clock back

2825
02:33:54,614 --> 02:33:55,401
to 2019.

2826
02:33:55,401 --> 02:33:59,628
The Board of Supervisors had a proposal for the Blackburn farm

2827
02:33:59,628 --> 02:34:00,374
property.

2828
02:34:00,374 --> 02:34:03,708
Ironically enough come at that exact same spot,

2829
02:34:03,708 --> 02:34:08,748
to put up workforce housing about 200 units of income

2830
02:34:08,748 --> 02:34:11,148
control from 35 to $49,000 income.

2831
02:34:12,128 --> 02:34:14,528
Small starter family homes.

2832
02:34:15,780 --> 02:34:20,240
The Board of Supervisors refused to change the zoning,

2833
02:34:20,240 --> 02:34:21,883
in order to maintain industrial.

2834
02:34:21,883 --> 02:34:24,828
One of the arguments was, people drive in and out

2835
02:34:24,828 --> 02:34:25,878
all of the time.

2836
02:34:25,878 --> 02:34:30,708
What do you think an industrial zone will do?

2837
02:34:30,708 --> 02:34:34,908
After we have denied the CUP let's

2838
02:34:35,908 --> 02:34:38,148
talk about rezoning the area.

2839
02:34:38,148 --> 02:34:40,676
I know that I would rather see 200 homes.

2840
02:34:40,676 --> 02:34:42,148
200 people building equity.

2841
02:34:42,148 --> 02:34:46,580
200 people having the dignity to have their own space,

2842
02:34:46,580 --> 02:34:51,980
than 14 people working in a 100,000 square foot data center.

2843
02:34:52,800 --> 02:34:54,748
Let's start looking ahead and say yes

2844
02:34:54,748 --> 02:34:56,868
to better housing in Frederick County.

2845
02:34:56,868 --> 02:34:58,868
Thank you.

2846
02:35:02,472 --> 02:35:04,472
[Applause]

2847
02:35:06,226 --> 02:35:08,268
>> Good evening, I am Steve, Beck Creek district.

2848
02:35:08,268 --> 02:35:10,120
I did not prepare any remarks.

2849
02:35:10,120 --> 02:35:13,388
I am actually happy to yield the remainder of my time

2850
02:35:13,388 --> 02:35:16,758
to any of you guys to answer any of the questions

2851
02:35:16,758 --> 02:35:18,468
or concerns that were brought up tonight

2852
02:35:18,468 --> 02:35:21,848
because we spent about 15 or 20 minutes talking about berms

2853
02:35:21,848 --> 02:35:22,348
and trees.

2854
02:35:22,348 --> 02:35:23,808
I don't think that answers anything

2855
02:35:23,808 --> 02:35:25,214
people are concerned about.

2856
02:35:25,214 --> 02:35:26,188
Anybody?

2857
02:35:26,188 --> 02:35:28,524
You've got three minutes.

2858
02:35:28,524 --> 02:35:30,960
It's All yours.

2859
02:35:30,960 --> 02:35:30,596
Okay.

2860
02:35:30,596 --> 02:35:32,410
I didn't think so.

2861
02:35:32,410 --> 02:35:37,250
I think that pretty much says sums up how we all feel.

2862
02:35:37,250 --> 02:35:39,600
We brought up very legitimate concerns

2863
02:35:39,600 --> 02:35:40,644
over the last several months.

2864
02:35:40,644 --> 02:35:41,652
Not just tonight.

2865
02:35:41,652 --> 02:35:44,388
I was at the Board of Supervisors meeting in August.

2866
02:35:44,388 --> 02:35:47,680
I reiterated a lot of this to them as well.

2867
02:35:47,680 --> 02:35:50,280
I don't have a whole lot else to say other

2868
02:35:50,280 --> 02:35:52,841
than I don't think that is anything

2869
02:35:52,841 --> 02:35:55,216
that I can add that hasn't already been said,

2870
02:35:55,216 --> 02:35:56,657
or you don't already know.

2871
02:35:56,657 --> 02:35:58,348
This is not something that we want.

2872
02:35:58,348 --> 02:36:00,401
It is very clear.

2873
02:36:00,401 --> 02:36:03,788
Everybody on this planning commission, and the board

2874
02:36:03,788 --> 02:36:04,928
works for us.

2875
02:36:04,928 --> 02:36:07,480
You don't really have much of a choice in this.

2876
02:36:07,480 --> 02:36:08,610
The choice has been made.

2877
02:36:08,610 --> 02:36:10,990
That's all that I have to say.

2878
02:36:10,990 --> 02:36:12,990
Thank you.

2879
02:36:17,194 --> 02:36:18,848
[Applause]

2880
02:36:18,848 --> 02:36:19,890
>> I appreciate the time.

2881
02:36:19,890 --> 02:36:22,972
My name is Randy Leach with the Back Creek District.

2882
02:36:22,972 --> 02:36:26,250
When this property was up for rezoning it

2883
02:36:26,250 --> 02:36:29,492
had so many red flags, that it should have never

2884
02:36:29,492 --> 02:36:31,280
been rezoned to start with.

2885
02:36:31,280 --> 02:36:33,316
One of the issues is the traffic study.

2886
02:36:33,316 --> 02:36:39,316
It states an increase of 2777 additional vehicle trips per day

2887
02:36:39,648 --> 02:36:43,248
up and down Apple Valley Road.

2888
02:36:44,687 --> 02:36:48,168
Even VDOT has concerns about this Valley

2889
02:36:48,168 --> 02:36:50,480
is lined from one end to the other

2890
02:36:50,480 --> 02:36:53,648
with residential homes and 255 plus communities.

2891
02:36:54,948 --> 02:36:58,668
These residents especially the ones in the 55 plus communities,

2892
02:36:58,668 --> 02:37:01,218
have worked hard, saved their money

2893
02:37:01,218 --> 02:37:05,996
and purchased homes here to live out the rest of their lives

2894
02:37:05,996 --> 02:37:07,436
in golden peace and quiet.

2895
02:37:07,436 --> 02:37:09,900
But according to the document and the Board of Supervisors

2896
02:37:09,900 --> 02:37:13,268
found the rezoning to be in the best interest of public health,

2897
02:37:13,268 --> 02:37:15,268
safety and welfare.

2898
02:37:15,338 --> 02:37:16,548
Seriously.

2899
02:37:16,548 --> 02:37:19,548
2777 additional vehicle trips per day

2900
02:37:20,641 --> 02:37:25,348
past all of these homes and 55 plus communities

2901
02:37:25,348 --> 02:37:28,748
is in their best interest this is what you call not

2902
02:37:28,748 --> 02:37:31,321
being in touch with the people.

2903
02:37:31,321 --> 02:37:34,641
I had the opportunity to speak with one

2904
02:37:34,641 --> 02:37:37,476
of the owners of this property.

2905
02:37:37,476 --> 02:37:41,938
We were going back and forth about the noise issues.

2906
02:37:41,938 --> 02:37:45,410
He eventually looked at me and said

2907
02:37:45,410 --> 02:37:48,940
we are already approved for a 40 day warehouse.

2908
02:37:48,940 --> 02:37:50,363
We can put that in place and then

2909
02:37:50,363 --> 02:37:52,863
you will have tractor trailers running up and down your road

2910
02:37:52,863 --> 02:37:53,478
24 over seven.

2911
02:37:53,478 --> 02:37:56,201
These are the kind of people we are dealing with here not

2912
02:37:56,201 --> 02:37:58,608
to mention that every chance they get,

2913
02:37:58,608 --> 02:38:01,420
they like to use the traffic numbers,

2914
02:38:01,420 --> 02:38:05,533
as well as what they can build by right as intimidation

2915
02:38:05,533 --> 02:38:06,388
tactics.

2916
02:38:06,388 --> 02:38:11,412
They discussed it over and over again at the June work session.

2917
02:38:11,412 --> 02:38:16,812
So no matter what, this developer and this property,

2918
02:38:17,668 --> 02:38:19,340
there needs to be measures in place

2919
02:38:19,340 --> 02:38:23,380
to restrict the amount of traffic on Apple Valley Road.

2920
02:38:23,380 --> 02:38:26,468
If the comprehensive plan needs to be

2921
02:38:26,468 --> 02:38:29,228
updated to keep Apple Valley Road two lanes in order

2922
02:38:29,228 --> 02:38:31,610
to minimize traffic, that would be a good start.

2923
02:38:31,610 --> 02:38:33,401
You have to be proactive at this.

2924
02:38:33,401 --> 02:38:38,348
You have to keep ten steps ahead of these people at all times.

2925
02:38:38,348 --> 02:38:40,708
When it comes to data centers and it

2926
02:38:40,708 --> 02:38:43,668
comes to developers that like to use exploitation

2927
02:38:43,668 --> 02:38:47,332
and intimidation tactics against the people of Frederick County,

2928
02:38:47,332 --> 02:38:49,901
in order to get what they want, you

2929
02:38:49,901 --> 02:38:51,902
need to send them a very strong message that

2930
02:38:51,902 --> 02:38:54,238
is we do not need them here and we definitely

2931
02:38:54,238 --> 02:38:55,430
do not want them here.

2932
02:38:55,430 --> 02:38:56,196
That is it.

2933
02:38:56,196 --> 02:38:58,196
Thank you.

2934
02:39:00,490 --> 02:39:02,490
[Applause]

2935
02:39:06,260 --> 02:39:08,343
Chairman Stowe: I do not see anyone else queued up

2936
02:39:08,343 --> 02:39:10,228
to speak I will close public hearing.

2937
02:39:10,228 --> 02:39:12,908
Mr. Lawson would you care to respond to any of these comments

2938
02:39:12,908 --> 02:39:14,908
here briefly.

2939
02:39:15,188 --> 02:39:16,100
>> Briefly.

2940
02:39:16,100 --> 02:39:18,500
I appreciate the comments.

2941
02:39:18,628 --> 02:39:23,900
One of our slides pointed out and reminded me,

2942
02:39:23,900 --> 02:39:29,353
we actually had seven community meetings and a bus tour.

2943
02:39:29,353 --> 02:39:32,573
A couple of ladies actually spoke about that.

2944
02:39:32,573 --> 02:39:33,690
I really appreciate that.

2945
02:39:33,690 --> 02:39:35,141
We have heard a lot of comments.

2946
02:39:35,141 --> 02:39:38,125
You all have heard a lot of comments.

2947
02:39:38,125 --> 02:39:41,481
I said at the beginning, and I think

2948
02:39:41,481 --> 02:39:47,481
it is appropriate to wrap up with, Thee talking about

2949
02:39:47,858 --> 02:39:49,667
industrial is not intimidation.

2950
02:39:49,667 --> 02:39:51,221
It is what we are.

2951
02:39:51,221 --> 02:39:55,421
It is the standard against which we

2952
02:39:55,548 --> 02:39:58,548
measure this one proposed use.

2953
02:39:58,948 --> 02:40:03,148
This conditional use for a data center.

2954
02:40:03,338 --> 02:40:08,738
And understand the comments and I understand the discussion.

2955
02:40:09,284 --> 02:40:11,808
You will have something on your agenda about the future,

2956
02:40:11,808 --> 02:40:16,880
the county, and will be -- whether there will or will not

2957
02:40:16,880 --> 02:40:16,988
be data centers.

2958
02:40:16,988 --> 02:40:20,226
Those are not the issues that we are faced with here,

2959
02:40:20,226 --> 02:40:23,900
and what we are doing, and the standards we are following.

2960
02:40:23,900 --> 02:40:30,748
I want to point out that not only is our use significantly

2961
02:40:30,748 --> 02:40:35,548
less impactful than the M1, objectively, not subjectively.

2962
02:40:38,508 --> 02:40:40,908
Objectively through measurements, decibels,

2963
02:40:41,788 --> 02:40:42,292
Et-cetera.

2964
02:40:42,292 --> 02:40:45,600
Mr. Klein did a great job of running

2965
02:40:45,600 --> 02:40:48,128
through the conditions of the staffs recommended conditions.

2966
02:40:48,128 --> 02:40:52,928
And I believe we are in sync, all

2967
02:40:53,708 --> 02:40:55,474
with the exception of the height.

2968
02:40:55,474 --> 02:41:00,988
What we have done is, and we have taken all kinds of efforts

2969
02:41:00,988 --> 02:41:05,130
to mitigate the height, but we have kept the height the same.

2970
02:41:05,130 --> 02:41:10,480
Objectively applying standards, we are not going higher than

2971
02:41:10,480 --> 02:41:10,614
60ft.

2972
02:41:10,614 --> 02:41:13,444
We are at the same level.

2973
02:41:13,444 --> 02:41:16,444
That condition by itself, objectively

2974
02:41:16,814 --> 02:41:18,814
satisfies the standard.

2975
02:41:19,708 --> 02:41:23,454
Nobody talked about it, but we were

2976
02:41:23,454 --> 02:41:26,878
mindful of comments about power lines across the county.

2977
02:41:26,878 --> 02:41:30,988
And certainly we are aware of Valley Link and all of that.

2978
02:41:30,988 --> 02:41:33,374
We actually added a condition that

2979
02:41:33,374 --> 02:41:37,343
said we will stay to construct this facility,

2980
02:41:37,343 --> 02:41:39,681
and this runs with land, and these

2981
02:41:39,681 --> 02:41:42,436
are conditions that are binding on whoever owns this property.

2982
02:41:42,436 --> 02:41:47,836
That we will stay within the current easement corridors.

2983
02:41:48,460 --> 02:41:49,516
We heard you.

2984
02:41:49,516 --> 02:41:54,444
We don't want you or this thing to create or generate

2985
02:41:54,444 --> 02:41:57,148
new easements across the county.

2986
02:41:57,148 --> 02:41:57,765
It will not.

2987
02:41:57,765 --> 02:42:00,268
It is a condition That binds this property.

2988
02:42:00,268 --> 02:42:06,428
Again, we are proud of the work that has been done.

2989
02:42:06,428 --> 02:42:11,108
Working with staff and with you all, and with board members

2990
02:42:11,108 --> 02:42:16,741
to assure that the conditions that have been proposed, frankly

2991
02:42:16,741 --> 02:42:19,936
come out we don't just meet the standard of M1.

2992
02:42:19,936 --> 02:42:23,480
We go well below the impact standards of M1.

2993
02:42:23,480 --> 02:42:26,348
And we look forward to your recommendation.

2994
02:42:26,348 --> 02:42:28,348
Thank you.

2995
02:42:32,791 --> 02:42:34,214
Chairman Stowe: Thank you, sir.

2996
02:42:34,214 --> 02:42:35,668
Mr. Klein.

2997
02:42:35,668 --> 02:42:38,468
>> Mr. Chairman this is a conditional use permit request

2998
02:42:38,468 --> 02:42:41,668
to enable the data center on 71 acres of property presently

2999
02:42:41,668 --> 02:42:42,534
zoned M1.

3000
02:42:42,534 --> 02:42:46,810
As we noted, there are positives for your consideration

3001
02:42:46,810 --> 02:42:47,641
and also concerns.

3002
02:42:47,641 --> 02:42:50,668
Staff has recommended set of conditions.

3003
02:42:50,668 --> 02:42:52,408
We look for your action this evening.

3004
02:42:52,408 --> 02:42:54,148
That would conclude my remarks.

3005
02:42:54,148 --> 02:42:56,548
Thank you Mr. Chairman.

3006
02:42:57,525 --> 02:42:59,108
Chairman Stowe: Planning commissioners

3007
02:42:59,108 --> 02:43:01,114
comment this is our time to discuss this.

3008
02:43:01,114 --> 02:43:02,828
I will begin to my left.

3009
02:43:02,828 --> 02:43:07,280
Comments discussing anything anyone wants to say.

3010
02:43:08,308 --> 02:43:10,308
To my right?

3011
02:43:19,936 --> 02:43:21,978
>> Mr. Chairman, I believe we recommend the Board

3012
02:43:21,978 --> 02:43:25,578
of Supervisors deny conditional use permit 0326.

3013
02:43:29,268 --> 02:43:31,908
>> We have a motion, is there a second?

3014
02:43:31,908 --> 02:43:33,328
>> Second.

3015
02:43:33,328 --> 02:43:36,688
>> We have a second is there any further discussion?

3016
02:43:36,688 --> 02:43:40,608
A yes vote on this is a recommendation for denial

3017
02:43:40,608 --> 02:43:44,808
yes vote is a recommendation of denial.

3018
02:43:50,599 --> 02:43:52,599
[Members Voting]

3019
02:43:59,755 --> 02:44:01,880
Chairman Stowe: Chair votes yes aye motion carries.

3020
02:44:01,880 --> 02:44:03,630
This goes to the Board of Supervisors

3021
02:44:03,630 --> 02:44:05,270
to be determined with a recommendation for denial.

3022
02:44:05,270 --> 02:44:09,803
Thank you very much to all of that --

3023
02:44:09,803 --> 02:44:12,803
those who have participated.[Cheers

3024
02:44:16,524 --> 02:44:18,524
and applause]

3025
02:45:49,460 --> 02:45:54,128
Chairman Stowe: Folks if you could move on out

3026
02:45:54,128 --> 02:45:56,170
into the hallway come out we would appreciate it.

3027
02:45:56,170 --> 02:46:02,170
We have to carry on with several more items here.

3028
02:46:26,610 --> 02:46:27,978
Chairman Stowe: Moving on to nine C. Amendment

3029
02:46:27,978 --> 02:46:29,258
to the Frederick County Code.

3030
02:46:29,258 --> 02:46:30,930
Mr. Bishop, are you going to lead us

3031
02:46:30,930 --> 02:46:33,330
through this quick expediently.

3032
02:46:36,836 --> 02:46:39,128
>> Unless we get going on the history of transportation

3033
02:46:39,128 --> 02:46:41,258
I'm not too known for my verbosity.

3034
02:46:41,258 --> 02:46:44,586
As you noted, this is the ordinance amendment

3035
02:46:44,586 --> 02:46:47,180
to potentially remove data centers from the ordinance

3036
02:46:47,180 --> 02:46:48,284
should it follow through and be adopted

3037
02:46:48,284 --> 02:46:49,451
by the Board of Supervisors.

3038
02:46:49,451 --> 02:46:52,808
This is a proposal to amend chapter 165 Zoning

3039
02:46:52,808 --> 02:46:55,998
Ordinance to remove data centers as a permit or conditional use

3040
02:46:55,998 --> 02:46:59,458
in certain zoning districts and to remove other references

3041
02:46:59,458 --> 02:47:00,538
to data centers.

3042
02:47:00,538 --> 02:47:03,882
This item was authorized by a resolution by the Board

3043
02:47:03,882 --> 02:47:06,714
of Supervisors on August 12th 2026.

3044
02:47:06,714 --> 02:47:10,178
The current standard is that data centers are permitted

3045
02:47:10,178 --> 02:47:12,818
by right, only in the TM technology

3046
02:47:12,818 --> 02:47:15,340
Manufacturing Park zoning district,

3047
02:47:15,340 --> 02:47:17,538
and they are also allowed as a conditional use

3048
02:47:17,538 --> 02:47:21,853
in the B3, m1 and M2 zoning districts.

3049
02:47:21,853 --> 02:47:24,610
There is, of course, a definition

3050
02:47:24,610 --> 02:47:27,690
of data centers in your ordinance,

3051
02:47:27,690 --> 02:47:30,440
and also supplemental use requirements.

3052
02:47:30,440 --> 02:47:32,738
Those current requirements for data centers

3053
02:47:32,738 --> 02:47:38,138
were adopted by the Board of Supervisors in April 2025.

3054
02:47:38,674 --> 02:47:44,911
In summary, the DRC did discuss this on August 22nd and offered

3055
02:47:44,911 --> 02:47:47,684
comments for consideration by the Planning Commission.

3056
02:47:47,684 --> 02:47:51,284
The comments included one committee member

3057
02:47:52,218 --> 02:47:56,800
noting they would rather see an outright prohibition,

3058
02:47:56,800 --> 02:47:58,938
and another committee member that noted that removing them

3059
02:47:58,938 --> 02:48:00,778
was probably not a good idea.

3060
02:48:00,778 --> 02:48:04,468
Other than that, there was fairly little discussion.

3061
02:48:04,468 --> 02:48:07,182
This item is presented for public hearing this evening.

3062
02:48:07,182 --> 02:48:11,278
I would also note that county Attorney Fox is here

3063
02:48:11,278 --> 02:48:12,251
this evening.

3064
02:48:12,251 --> 02:48:14,458
If we get deep enough into legal weeds,

3065
02:48:14,458 --> 02:48:18,478
he will be here to chop the weeds down for us.

3066
02:48:18,478 --> 02:48:22,498
And further, I would note, that he has prepared in coordination

3067
02:48:22,498 --> 02:48:27,600
with staff, and outside counsel an assistance memo that tries

3068
02:48:27,600 --> 02:48:30,415
to address a number of the questions that were brought up

3069
02:48:30,415 --> 02:48:34,180
both on August 12th, when the board authorized the action

3070
02:48:34,180 --> 02:48:39,410
to begin, and since then, in various other conversations that

3071
02:48:39,410 --> 02:48:41,410
have taken place.

3072
02:48:42,860 --> 02:48:46,980
Your diocese as well was added to the agenda at the county data

3073
02:48:46,980 --> 02:48:46,898
Center portal.

3074
02:48:46,898 --> 02:48:51,102
We also have count -- copies that were distributed this

3075
02:48:51,102 --> 02:48:53,560
evening to the public that wanted to take them as they came

3076
02:48:53,560 --> 02:48:54,600
in.

3077
02:48:54,600 --> 02:48:56,738
We are seeking a recommendation following the public hearing

3078
02:48:56,738 --> 02:49:02,138
from the Planning Commission to the Board of Supervisors.

3079
02:49:03,418 --> 02:49:06,678
Any questions to Mr. Bishop, to my right?

3080
02:49:06,678 --> 02:49:08,678
To my left?

3081
02:49:12,588 --> 02:49:14,546
Chairman Stowe: Mr. Fox thank you for the memo.

3082
02:49:14,546 --> 02:49:16,889
After I read it for the third time, I was good.

3083
02:49:16,889 --> 02:49:18,302
Not an attorney.

3084
02:49:18,302 --> 02:49:20,440
This is a public hearing.

3085
02:49:20,440 --> 02:49:22,298
Anyone who would like to speak to this matter, this

3086
02:49:22,298 --> 02:49:24,223
would be the time to do so.

3087
02:49:24,223 --> 02:49:26,386
We ask that you please limit your comments

3088
02:49:26,386 --> 02:49:29,104
to three minutes or less state your name and magisterial

3089
02:49:29,104 --> 02:49:29,604
district.

3090
02:49:29,604 --> 02:49:32,391
I know that we did have one person with online comments.

3091
02:49:32,391 --> 02:49:34,391
Ted McFadden.

3092
02:49:36,218 --> 02:49:39,338
And there is a sign up sheet.

3093
02:49:39,338 --> 02:49:42,338
Mr. Bishop, take it away.

3094
02:49:43,980 --> 02:49:46,618
>> First speaker is Arthur Christian followed by Jennifer

3095
02:49:46,618 --> 02:49:48,618
Smith.

3096
02:49:49,538 --> 02:49:52,418
>> My name is Arthur Christian.

3097
02:49:52,418 --> 02:49:55,754
I am from Winchester, that way.

3098
02:49:55,754 --> 02:50:01,980
I am personally recommended -- recommending that you say yes

3099
02:50:01,980 --> 02:50:06,498
to remove this item from the Frederick County Code.

3100
02:50:07,158 --> 02:50:11,958
If it wasn't there we would not have

3101
02:50:12,780 --> 02:50:14,143
had this whole big discussion in the first place.

3102
02:50:14,143 --> 02:50:15,618
That is all I have to say.

3103
02:50:15,618 --> 02:50:18,180
Thank you very much.

3104
02:50:18,698 --> 02:50:21,980
Chairman Stowe: Thank you.

3105
02:50:21,124 --> 02:50:26,453
We -- >> We have Jennifer Smith and I'm not making light

3106
02:50:26,453 --> 02:50:28,229
of your name I cannot read it.

3107
02:50:28,229 --> 02:50:32,291
I believe your initials are L and S

3108
02:50:32,291 --> 02:50:33,666
and you are the Opequon district.

3109
02:50:33,666 --> 02:50:36,249
If you have not heard your name called and you have signed up,

3110
02:50:36,249 --> 02:50:40,449
it is you we are looking for.

3111
02:50:44,812 --> 02:50:49,120
Chairman Stowe: Is Jennifer Smith still here?

3112
02:50:50,663 --> 02:50:52,663
>> Ls.

3113
02:50:54,705 --> 02:50:55,288
>> I'm Sharon.

3114
02:50:55,288 --> 02:50:57,580
>> You are next on the sign up.

3115
02:50:57,580 --> 02:50:59,223
>> Thank you for sticking with us, by the way.

3116
02:50:59,223 --> 02:51:01,358
I know that not everybody did.

3117
02:51:01,358 --> 02:51:04,206
Mr. Chairman come on members of The Planning commission,

3118
02:51:04,206 --> 02:51:07,806
I live in the Opequon district.

3119
02:51:08,368 --> 02:51:12,218
Like you, I've listened to residents voice concerns

3120
02:51:12,218 --> 02:51:16,978
about data centers, very real concerns about noise

3121
02:51:16,978 --> 02:51:18,898
both audible and inaudible.

3122
02:51:18,898 --> 02:51:20,764
Kind you cannot hear.

3123
02:51:20,764 --> 02:51:23,400
It is unhealthy nonetheless.

3124
02:51:23,400 --> 02:51:25,798
The drain on our electric grid.

3125
02:51:25,798 --> 02:51:27,954
The risk to our water supply, which

3126
02:51:27,954 --> 02:51:29,282
is already in drought status.

3127
02:51:29,282 --> 02:51:33,402
The danger to our health, our livestock, our property values,

3128
02:51:33,402 --> 02:51:36,810
and to our very quality of life.

3129
02:51:36,810 --> 02:51:42,810
As they cite I was looking at a study out

3130
02:51:45,284 --> 02:51:47,428
of the University of California, they

3131
02:51:47,428 --> 02:51:50,458
said getting a 100 word answer from AI,

3132
02:51:50,458 --> 02:51:53,635
which I did several times today, I used a bottle of water.

3133
02:51:53,635 --> 02:51:58,458
A bottle of water for a 100 word answer from AI.

3134
02:51:58,458 --> 02:52:04,458
Imagine the exponential use of water for the data centers.

3135
02:52:05,538 --> 02:52:08,698
I am opposed to data center that's have been

3136
02:52:08,698 --> 02:52:10,108
proposed for Frederick County.

3137
02:52:10,108 --> 02:52:13,871
Frankly, I am no longer sure who my opposition is.

3138
02:52:13,871 --> 02:52:17,186
The billionaires funding these data centers without regard

3139
02:52:17,186 --> 02:52:19,186
to the consequences?

3140
02:52:19,364 --> 02:52:23,111
China enticing us to compete in the artificial intelligence

3141
02:52:23,111 --> 02:52:24,580
race?

3142
02:52:24,580 --> 02:52:25,204
Or is it you?

3143
02:52:25,204 --> 02:52:28,608
The Planning Commission, who voted against the proposed

3144
02:52:28,608 --> 02:52:31,258
Clearbrook data center, yet has not explicitly

3145
02:52:31,258 --> 02:52:33,958
stated in the amended zoning ordinance

3146
02:52:33,958 --> 02:52:36,226
that data centers are prohibited.

3147
02:52:36,226 --> 02:52:41,200
While I am glad and grateful for your vote, without the clarity,

3148
02:52:41,200 --> 02:52:43,444
I fear developers will find a loophole

3149
02:52:43,444 --> 02:52:46,834
and work around it to build data centers for clarity matters.

3150
02:52:46,834 --> 02:52:51,580
It is essential that Frederick County have a revised zoning

3151
02:52:51,580 --> 02:52:53,610
ordinance that clearly states its intent

3152
02:52:53,610 --> 02:52:56,338
and the will of its residents.

3153
02:52:56,338 --> 02:52:58,498
Simple deletions don't do it.

3154
02:52:58,498 --> 02:53:01,778
It is equally important that data center be defined.

3155
02:53:01,778 --> 02:53:06,578
I know that data center definition was not

3156
02:53:07,710 --> 02:53:10,710
present in the amended ordinance.

3157
02:53:10,780 --> 02:53:12,938
The argument made by the county Attorney that

3158
02:53:12,938 --> 02:53:16,820
would be difficult to craft a definition that was broad enough

3159
02:53:16,820 --> 02:53:20,106
to encompass all data centers baffles me.

3160
02:53:20,106 --> 02:53:23,550
Others in general municipalities and counties

3161
02:53:23,550 --> 02:53:24,970
appear to have done so.

3162
02:53:24,970 --> 02:53:27,191
Perhaps we should borrow from them.

3163
02:53:27,191 --> 02:53:28,818
This much is clear.

3164
02:53:28,818 --> 02:53:30,883
There is a great deal of complexity

3165
02:53:30,883 --> 02:53:33,708
in deciding whether to permit a given data

3166
02:53:33,708 --> 02:53:37,559
center and or where it should be built.

3167
02:53:37,559 --> 02:53:40,161
While I respect members of the Planning Commission

3168
02:53:40,161 --> 02:53:41,828
and members of the Board of Supervisors,

3169
02:53:41,828 --> 02:53:45,626
how can you possibly make an informed decision on data

3170
02:53:45,626 --> 02:53:47,978
centers now without considerable study.

3171
02:53:47,978 --> 02:53:49,778
A clear change in the zoning ordinance

3172
02:53:49,778 --> 02:53:53,180
will provide time for that much needed study.

3173
02:53:53,180 --> 02:53:55,358
You will be able to consult with experts

3174
02:53:55,358 --> 02:53:58,994
and investigate best practices, if or when

3175
02:53:58,994 --> 02:54:02,980
a data center is built in Frederick County Commission

3176
02:54:02,980 --> 02:54:04,608
members will be able to articulate their positions

3177
02:54:04,608 --> 02:54:07,608
and respond to resident concerns.

3178
02:54:07,658 --> 02:54:09,658
I'll stop there.

3179
02:54:11,698 --> 02:54:12,958
>> Thank you.

3180
02:54:12,958 --> 02:54:16,730
Next we have Karen Moreland, followed by Rebecca B

3181
02:54:16,730 --> 02:54:19,130
from the Stonewall District.

3182
02:54:25,314 --> 02:54:26,272
>> I am Karen Moreland.

3183
02:54:26,272 --> 02:54:27,689
I am from the Back Creek District.

3184
02:54:27,689 --> 02:54:33,689
I support the proposed amendment change to remove data centers

3185
02:54:34,910 --> 02:54:36,491
from our zoning information.

3186
02:54:43,458 --> 02:54:47,580
Basically, the whole flight from tonight ,

3187
02:54:48,555 --> 02:54:51,210
we could have had this comment before it's.

3188
02:54:51,210 --> 02:54:55,394
I think it is almost as important as what we just

3189
02:54:55,394 --> 02:54:57,394
sat through.

3190
02:54:57,738 --> 02:55:01,338
Removing them completely from the data

3191
02:55:05,420 --> 02:55:08,906
that every applicant has used to fight against the public

3192
02:55:08,906 --> 02:55:13,898
is probably the best way to fight the war against the data

3193
02:55:13,898 --> 02:55:14,438
centers.

3194
02:55:14,438 --> 02:55:18,200
I would hope that you would look into this further,

3195
02:55:18,200 --> 02:55:21,488
the legalities of it, how we can join the other municipalities

3196
02:55:21,488 --> 02:55:23,380
in the state.

3197
02:55:23,380 --> 02:55:24,898
Thank you.

3198
02:55:24,898 --> 02:55:26,898
>> Thank you.

3199
02:55:28,338 --> 02:55:31,938
>> Rebecca B followed by Elizabeth Aylor.

3200
02:55:36,293 --> 02:55:37,918
>> Rebecca Bronson, Stonewall district.

3201
02:55:37,918 --> 02:55:39,501
Once again I just wanted to reiterate.

3202
02:55:39,501 --> 02:55:42,682
We just sat through an hour and a half, two hours

3203
02:55:42,682 --> 02:55:44,650
of people laying it out.

3204
02:55:44,650 --> 02:55:48,798
I support removing data centers as a permitted use.

3205
02:55:48,798 --> 02:55:53,598
Again, because, had we known what Loudon knows,

3206
02:55:54,124 --> 02:55:58,324
we might not be fight Valley link.

3207
02:55:58,711 --> 02:56:02,946
Now we know and we have the opportunity

3208
02:56:02,946 --> 02:56:08,918
to step away from that and to not further engage.

3209
02:56:08,918 --> 02:56:11,918
Not further endanger our resources.

3210
02:56:16,158 --> 02:56:19,758
We have wonderful, natural History here.

3211
02:56:20,626 --> 02:56:23,418
Lots of people have talked about everything.

3212
02:56:23,418 --> 02:56:25,644
There really isn't much left to say

3213
02:56:25,644 --> 02:56:27,286
that has not already been said.

3214
02:56:27,286 --> 02:56:29,938
But we do stand at the precipice.

3215
02:56:29,938 --> 02:56:34,240
I am thrilled that you are taking this up.

3216
02:56:34,240 --> 02:56:39,178
I am thrilled that this is a possibility for us to decide.

3217
02:56:39,178 --> 02:56:44,498
Let's go ahead and take these out of the mix.

3218
02:56:44,498 --> 02:56:46,551
We need the water.

3219
02:56:46,551 --> 02:56:52,538
We don't need God knows how big of a transmission line

3220
02:56:52,538 --> 02:56:53,858
coming through here.

3221
02:56:53,858 --> 02:56:56,710
We don't need any of that.

3222
02:56:56,710 --> 02:57:00,580
Do you really need an AI summary of your Washington Post

3223
02:57:00,580 --> 02:57:00,978
comments?

3224
02:57:00,978 --> 02:57:04,578
For how many gallons of water?

3225
02:57:04,818 --> 02:57:06,404
That has how many gallons of water

3226
02:57:06,404 --> 02:57:09,340
that you are not going to flush toilet with.

3227
02:57:09,340 --> 02:57:10,754
You might need that someday.

3228
02:57:10,754 --> 02:57:13,154
Thank you very much.

3229
02:57:13,578 --> 02:57:16,668
>> Elizabeth Taylor followed by Charlene Anderson.

3230
02:57:16,668 --> 02:57:18,735
I believe I saw her leave.

3231
02:57:18,735 --> 02:57:23,535
I will also mention after her is Teresa.

3232
02:57:24,138 --> 02:57:26,326
>> Elizabeth Aylor come on back Creek.

3233
02:57:26,326 --> 02:57:28,258
Firstly, I really love recommending

3234
02:57:28,258 --> 02:57:30,298
removing it from the ordinance.

3235
02:57:30,298 --> 02:57:33,828
I know that we keep language intentionally vague

3236
02:57:33,828 --> 02:57:35,663
in order to mitigate litigation.

3237
02:57:35,663 --> 02:57:38,426
I think Jax talked about this before.

3238
02:57:38,426 --> 02:57:41,458
I'm challenging all of us, the great people of Appalachia

3239
02:57:41,458 --> 02:57:44,806
and the Shenandoah Valley, as Virginians and Americans,

3240
02:57:44,806 --> 02:57:47,618
not only to declare that we don't want data centers,

3241
02:57:47,618 --> 02:57:51,620
but to stand up and fight against them.

3242
02:57:51,620 --> 02:57:56,418
Here as they think, my friend said about the Great Valley

3243
02:57:56,418 --> 02:57:58,658
Alliance, we are powerful in numbers.

3244
02:57:58,658 --> 02:58:01,322
This is not the first thing that will come down the pike.

3245
02:58:01,322 --> 02:58:03,632
We have climate change, we have wars

3246
02:58:03,632 --> 02:58:05,654
going on all over the country.

3247
02:58:05,654 --> 02:58:06,880
We have economic crisis as.

3248
02:58:06,880 --> 02:58:09,884
We have one out of four Americans before the poverty

3249
02:58:09,884 --> 02:58:11,111
or out of work.

3250
02:58:11,111 --> 02:58:13,618
We have major issues approaching us as a society.

3251
02:58:13,618 --> 02:58:14,618
Artificial intelligence.

3252
02:58:14,618 --> 02:58:16,351
We talk about industry that we want

3253
02:58:16,351 --> 02:58:17,728
to bring into our neighborhoods.

3254
02:58:17,728 --> 02:58:20,658
We have no idea what the future holds next year,

3255
02:58:20,658 --> 02:58:22,918
let alone ten years from now.

3256
02:58:22,918 --> 02:58:24,482
We are the people here.

3257
02:58:24,482 --> 02:58:29,100
I think that instead of saying come on do this, ambiguous this,

3258
02:58:29,100 --> 02:58:30,638
leave it out at that.

3259
02:58:30,638 --> 02:58:31,138
Fight.

3260
02:58:31,138 --> 02:58:32,444
Stand up and fight.

3261
02:58:32,444 --> 02:58:34,660
Are we afraid of litigation?

3262
02:58:34,660 --> 02:58:35,878
Are we afraid of corporate people

3263
02:58:35,878 --> 02:58:38,310
trying to shake us down and tell us what to do?

3264
02:58:38,310 --> 02:58:40,671
Are we afraid of inviting people in partnerships

3265
02:58:40,671 --> 02:58:41,962
into our communities.

3266
02:58:41,962 --> 02:58:44,818
We need to be taking aggressive stances together

3267
02:58:44,818 --> 02:58:47,900
because if we build out solidarity between all

3268
02:58:47,900 --> 02:58:50,498
of our other counties and work in the great Shenandoah Valley

3269
02:58:50,498 --> 02:58:53,818
Alliance, we can protect our sacred land.

3270
02:58:53,818 --> 02:58:55,738
Our sacred honor.

3271
02:58:55,738 --> 02:58:59,180
Our heritage as stewards of this land.

3272
02:58:59,180 --> 02:59:01,468
We need to preserve the spirit we

3273
02:59:01,468 --> 02:59:05,420
need to convince people to keep our land to keep our water

3274
02:59:05,420 --> 02:59:05,896
and resources.

3275
02:59:05,896 --> 02:59:07,438
If you are looking around the nation,

3276
02:59:07,438 --> 02:59:09,324
it is drying out to the bone.

3277
02:59:09,324 --> 02:59:10,878
Where are they going to come?

3278
02:59:10,878 --> 02:59:14,540
We have industry we can build off of the natural resources

3279
02:59:14,540 --> 02:59:14,554
itself.

3280
02:59:14,554 --> 02:59:17,248
We can grow a potato from a potato,

3281
02:59:17,248 --> 02:59:19,403
and honor ourselves, honor the land,

3282
02:59:19,403 --> 02:59:20,814
and build solidarity together.

3283
02:59:20,814 --> 02:59:23,724
I say do not just take it out of the ordinance.

3284
02:59:23,724 --> 02:59:25,474
I say that we stand up and fight together.

3285
02:59:25,474 --> 02:59:27,682
We build out new opportunities for us

3286
02:59:27,682 --> 02:59:31,258
to unite and unify culturally, together, and protect

3287
02:59:31,258 --> 02:59:35,818
our amazing resources in this incredible land and heritages.

3288
02:59:35,818 --> 02:59:37,818
Thank you.

3289
02:59:38,818 --> 02:59:42,128
>> Charlene Anderson, if you are here come on followed by Teresa.

3290
02:59:42,128 --> 02:59:44,823
I don't think she is here.

3291
02:59:44,823 --> 02:59:47,195
In case I didn't see her I wanted

3292
02:59:47,195 --> 02:59:49,618
to make sure that I said it.

3293
02:59:49,618 --> 02:59:53,218
>> Teresa Ostertag come on Back Creek.

3294
02:59:53,244 --> 02:59:55,538
I have a timeline.

3295
02:59:55,538 --> 02:59:57,771
Let's start with July 8th.

3296
02:59:57,771 --> 03:00:01,180
On July 8th, John Jewell drafted the motion to have a public

3297
03:00:01,180 --> 03:00:04,180
hearing to work on removing the data center ordinance,

3298
03:00:04,180 --> 03:00:07,670
which made the entire room burst into a standing ovation.

3299
03:00:07,670 --> 03:00:08,442
What did that do to the movement?

3300
03:00:08,442 --> 03:00:12,278
It gave people time to breathe and feel safer and more heard.

3301
03:00:12,278 --> 03:00:13,829
What else did it do?

3302
03:00:13,829 --> 03:00:16,602
It took a lot of the energy propelling the movement.

3303
03:00:16,602 --> 03:00:20,178
We were working on getting three of our people elected

3304
03:00:20,178 --> 03:00:24,688
in November and the chairman seat, Gainsborough Seat and Back

3305
03:00:24,688 --> 03:00:26,124
Creek seat on the board.

3306
03:00:26,124 --> 03:00:28,778
I think they would call that a job well done

3307
03:00:28,778 --> 03:00:31,204
because it took your attention off of that

3308
03:00:31,204 --> 03:00:33,978
and they don't want to lose their seats.

3309
03:00:33,978 --> 03:00:37,884
Truly, don't want to listen to us either,

3310
03:00:37,884 --> 03:00:44,530
on July 23rd during a joint work session for the Big Comp Plan

3311
03:00:44,530 --> 03:00:49,358
update, a planner said I'm not going to name names,

3312
03:00:49,358 --> 03:00:52,370
someone directed me to include high energy use facilities

3313
03:00:52,370 --> 03:00:57,511
on the Comp plan, which includes utility corridors, substations,

3314
03:00:57,511 --> 03:01:00,511
data centers and tech corridors.

3315
03:01:00,794 --> 03:01:08,594
On August 12th, a board member said the state may make us add

3316
03:01:09,580 --> 03:01:10,831
data center ordinance back in.

3317
03:01:10,831 --> 03:01:12,498
That they will not have control over it.

3318
03:01:12,498 --> 03:01:14,524
Then he asked the planners if they

3319
03:01:14,524 --> 03:01:18,898
could add the electrical corridor on the Comp plan update

3320
03:01:18,898 --> 03:01:20,258
by November.

3321
03:01:20,258 --> 03:01:24,264
To me, what appears to be, is they

3322
03:01:24,264 --> 03:01:28,898
are preparing to add the data center ordinance back in.

3323
03:01:28,898 --> 03:01:33,268
On the same day, someone said to me,

3324
03:01:33,268 --> 03:01:37,513
at the end of the day you do not get a vote you

3325
03:01:37,513 --> 03:01:39,258
vote through your board member.

3326
03:01:39,258 --> 03:01:42,652
The only thing that I know to do is to tell you to vote.

3327
03:01:42,652 --> 03:01:43,578
Vote in November.

3328
03:01:43,578 --> 03:01:46,434
Tell your neighbors and your friends and your relatives

3329
03:01:46,434 --> 03:01:47,410
to vote.

3330
03:01:47,410 --> 03:01:50,100
There are three seats open.

3331
03:01:50,100 --> 03:01:52,962
Get familiar with what you can and cannot do.

3332
03:01:52,962 --> 03:01:55,314
Your vote does matter.

3333
03:01:55,314 --> 03:01:58,858
These videos are on protect Frederick

3334
03:01:58,858 --> 03:02:02,458
if anyone wants to see them.

3335
03:02:06,885 --> 03:02:07,427
>> Thank you.

3336
03:02:07,427 --> 03:02:08,844
>> That is the end of the signups.

3337
03:02:08,844 --> 03:02:11,844
Anyone else care to speak .

3338
03:02:16,256 --> 03:02:18,881
>> Hello again come on my name is Alexander Ritter and I reside

3339
03:02:18,881 --> 03:02:20,910
in the Opequon district.

3340
03:02:20,910 --> 03:02:26,691
I am here today to talk about the August 31st memo.

3341
03:02:28,378 --> 03:02:33,946
I want to briefly mention that earlier last week I

3342
03:02:33,946 --> 03:02:36,770
have emailed with Mr. Fox on this matter

3343
03:02:36,770 --> 03:02:40,490
and I felt his explanation was less than satisfactory.

3344
03:02:40,490 --> 03:02:43,664
And in fact he included things in that email that

3345
03:02:43,664 --> 03:02:45,402
were not in the current memo.

3346
03:02:45,402 --> 03:02:50,802
Not satisfied, I decided I wanted to field communications

3347
03:02:51,818 --> 03:02:53,210
about the ordinance draft.

3348
03:02:53,210 --> 03:02:58,226
One of the documents I -- received was a legal opinion

3349
03:02:58,226 --> 03:03:01,698
Micheal O picky outside counsel from Spielman law firm dated

3350
03:03:01,698 --> 03:03:02,258
August 13th.

3351
03:03:02,258 --> 03:03:03,948
It was his correspondence.

3352
03:03:03,948 --> 03:03:06,468
In that email, the outside counsel

3353
03:03:06,468 --> 03:03:07,743
starts with this statement.

3354
03:03:07,743 --> 03:03:10,418
There are two types of zoning ordinances.

3355
03:03:10,418 --> 03:03:13,738
Inclusive, which permits only the uses specifically allowed

3356
03:03:13,738 --> 03:03:15,466
and exclusive which prohibits specified

3357
03:03:15,466 --> 03:03:17,370
uses and permits all others.

3358
03:03:17,370 --> 03:03:21,570
Citing the 1968 case Wiley versus Hanover City.

3359
03:03:21,578 --> 03:03:25,442
Lockerby states some localities, ordinance uses both forms,

3360
03:03:25,442 --> 03:03:28,138
in all three including hybrid ordinances

3361
03:03:28,138 --> 03:03:30,722
that incorporate both inclusive and exclusive zoning.

3362
03:03:30,722 --> 03:03:33,420
And are recognized as valid.

3363
03:03:33,420 --> 03:03:35,608
It even explains that our zoning ordinance

3364
03:03:35,608 --> 03:03:37,882
contains a usage provided section

3365
03:03:37,882 --> 03:03:39,673
that not ordinances have.

3366
03:03:39,673 --> 03:03:41,458
Provides an example case, which I

3367
03:03:41,458 --> 03:03:44,266
brought with me, Madison County versus Gaffney,

3368
03:03:44,266 --> 03:03:47,442
of how that use has played out in court.

3369
03:03:47,442 --> 03:03:49,671
Which I believed he mentioned in the memo.

3370
03:03:49,671 --> 03:03:54,218
He also fails to mention that the ordinance does not

3371
03:03:54,218 --> 03:03:55,578
look like our ordinance.

3372
03:03:55,578 --> 03:04:00,304
It has a specific prohibition clause in it that it is not

3373
03:04:00,304 --> 03:04:05,104
anything that is explicitly not -- is prohibited.

3374
03:04:06,590 --> 03:04:09,180
Ours does not say that anywhere.

3375
03:04:09,180 --> 03:04:13,218
Lockerbie argued that it is not applicable

3376
03:04:14,738 --> 03:04:17,684
because Frederick County ordinance is not

3377
03:04:17,684 --> 03:04:19,684
structured similarly.

3378
03:04:20,738 --> 03:04:24,178
It includes inclusive zoning as a default

3379
03:04:24,178 --> 03:04:27,391
but the ordinance is not by default necessarily inclusive.

3380
03:04:27,391 --> 03:04:29,978
Recognizes this, which is why in the email

3381
03:04:29,978 --> 03:04:31,918
he pivots to the recitals and whereas clauses

3382
03:04:31,918 --> 03:04:33,878
that are recited by courts and officials

3383
03:04:33,878 --> 03:04:36,394
to interpret the official purpose of legislation.

3384
03:04:36,394 --> 03:04:40,890
Had come to the conclusion that the intent of the board

3385
03:04:40,890 --> 03:04:42,380
to prohibit data centers.

3386
03:04:42,380 --> 03:04:44,448
If the intent is to prohibit data centers,

3387
03:04:44,448 --> 03:04:48,482
why does the word prohibit never appear anywhere in the clauses.

3388
03:04:48,482 --> 03:04:50,708
Removal has the same meaning?

3389
03:04:50,708 --> 03:04:53,980
It doesn't say removal from all district,

3390
03:04:53,980 --> 03:04:55,368
but from certain districts.

3391
03:04:55,368 --> 03:05:01,368
Fox argument that it is unambiguous as to the intent .

3392
03:05:12,508 --> 03:05:15,508
I appreciate it thank you.

3393
03:05:20,174 --> 03:05:20,841
>> Good evening.

3394
03:05:20,841 --> 03:05:23,241
Jack Tinsley, Gainsboro district.

3395
03:05:23,356 --> 03:05:26,310
Thank you all for your previous vote.

3396
03:05:26,310 --> 03:05:27,504
Just 15 minutes ago.

3397
03:05:27,504 --> 03:05:29,258
I really appreciate it.

3398
03:05:29,258 --> 03:05:31,260
I think everybody did.

3399
03:05:31,260 --> 03:05:32,380
We all clapped.

3400
03:05:32,380 --> 03:05:34,330
I am here to ask you to recommend removing data centers

3401
03:05:34,330 --> 03:05:35,828
as a permitted use countywide.

3402
03:05:35,828 --> 03:05:37,810
I have some reasons why.

3403
03:05:37,810 --> 03:05:40,400
We are not arguing with you all.

3404
03:05:40,400 --> 03:05:41,504
We are not arguing with each other.

3405
03:05:41,504 --> 03:05:43,587
I think we are arguing with private companies that

3406
03:05:43,587 --> 03:05:45,698
have the federal government in their pocket.

3407
03:05:45,698 --> 03:05:49,538
That is the same way every large private company has

3408
03:05:49,538 --> 03:05:52,458
the federal government in its pocket

3409
03:05:52,458 --> 03:05:54,895
through lobbying, kickbacks and outright bribes.

3410
03:05:54,895 --> 03:05:56,978
I'm going to get a little political here hopefully

3411
03:05:56,978 --> 03:05:58,520
that is okay in this political space.

3412
03:05:58,520 --> 03:06:00,278
Two days ago the president posted

3413
03:06:00,278 --> 03:06:03,114
that the only reason a community wouldn't want data centers

3414
03:06:03,114 --> 03:06:06,108
is if they wanted to end up backwards and poor.

3415
03:06:06,108 --> 03:06:09,138
In Republican Congress member from Tennessee responded back

3416
03:06:09,138 --> 03:06:11,684
to him, I guess I am backwards and poor.

3417
03:06:11,684 --> 03:06:17,266
A Fox News poll found 60% of Republicans and 3% of voters

3418
03:06:17,266 --> 03:06:21,398
opposed the project this is not a left versus right issue.

3419
03:06:21,398 --> 03:06:24,298
This is a top versus bottom and I'm

3420
03:06:24,298 --> 03:06:26,671
going to talk about what the top thinks about us.

3421
03:06:26,671 --> 03:06:27,918
And I include you all.

3422
03:06:27,918 --> 03:06:30,174
I don't know what your economic backgrounds are.

3423
03:06:30,174 --> 03:06:33,618
I know that Elon Musk spelled $280 million

3424
03:06:33,618 --> 03:06:35,380
on the last election.

3425
03:06:35,380 --> 03:06:38,124
Within months his people had access to the Social Security

3426
03:06:38,124 --> 03:06:39,820
Administration systems.

3427
03:06:39,820 --> 03:06:42,634
Our numbers come a medical records a bank info, all

3428
03:06:42,634 --> 03:06:43,388
of that.

3429
03:06:43,388 --> 03:06:44,778
His team had.

3430
03:06:44,778 --> 03:06:46,980
These were teenagers.

3431
03:06:46,980 --> 03:06:48,538
The Supreme Court let that happen.

3432
03:06:48,538 --> 03:06:52,580
Another billionaire, the CEO of Shopify,

3433
03:06:52,580 --> 03:06:54,578
endorsed a system that would be based

3434
03:06:54,578 --> 03:06:58,692
on how come income tax you pay zero votes if you pay none.

3435
03:06:58,692 --> 03:07:00,874
Five votes if you pay half a million.

3436
03:07:00,874 --> 03:07:03,903
Said the retirees on a pension should not vote either.

3437
03:07:03,903 --> 03:07:05,368
He called them dependents.

3438
03:07:05,368 --> 03:07:07,280
The same as children.

3439
03:07:07,280 --> 03:07:08,658
Those are quotes.

3440
03:07:08,658 --> 03:07:11,190
Nobody in this room voted for either of those people.

3441
03:07:11,190 --> 03:07:12,938
Those are the kinds of people that

3442
03:07:12,938 --> 03:07:15,410
would be running servers out of data centers

3443
03:07:15,410 --> 03:07:16,426
in Frederick County.

3444
03:07:16,426 --> 03:07:18,593
This has to be categorical.

3445
03:07:18,593 --> 03:07:21,281
In West Virginia, House Bill 2014

3446
03:07:21,281 --> 03:07:22,698
stripped counties of the authority

3447
03:07:22,698 --> 03:07:26,610
to regulate where data centers go and how they are used.

3448
03:07:26,610 --> 03:07:26,978
Not environmentalists.

3449
03:07:26,978 --> 03:07:28,508
Not liberals.

3450
03:07:28,508 --> 03:07:30,908
The legislature for money.

3451
03:07:31,568 --> 03:07:34,668
Here in Virginia, researchers from the University

3452
03:07:34,668 --> 03:07:39,274
of Mary Washington found 25 out of 31 localities with data

3453
03:07:39,274 --> 03:07:41,818
centers signed NDAs with the companies.

3454
03:07:41,818 --> 03:07:44,818
That is zero transparency for money.

3455
03:07:44,818 --> 03:07:48,400
These buildings are where surveillance live.

3456
03:07:48,400 --> 03:07:50,890
Virginia Tech professor who studies this says the buildings

3457
03:07:50,890 --> 03:07:53,698
are used by the federal government, which I don't trust,

3458
03:07:53,698 --> 03:07:55,638
and its contractors.

3459
03:07:55,638 --> 03:08:00,438
One of the agencies paid Palantir $31 for --

3460
03:08:00,578 --> 03:08:03,890
$30 million for a system that without safeguards can come

3461
03:08:03,890 --> 03:08:05,983
at will and has been used against citizens.

3462
03:08:05,983 --> 03:08:07,465
The software runs in the buildings

3463
03:08:07,465 --> 03:08:09,458
and we don't have a say on how it is used.

3464
03:08:09,458 --> 03:08:10,541
Worst, it is already here.

3465
03:08:10,541 --> 03:08:12,250
The Frederick County Sheriff's Department

3466
03:08:12,250 --> 03:08:14,478
applied for a grant with the Department of Justice

3467
03:08:14,478 --> 03:08:16,850
for automated Drones to respond to calls flying

3468
03:08:16,850 --> 03:08:18,218
over homes and businesses.

3469
03:08:18,218 --> 03:08:21,618
Winchester City is starting up its own drone program.

3470
03:08:21,618 --> 03:08:25,738
That is federal money with none of our say last year flock

3471
03:08:25,738 --> 03:08:28,884
built a system that listened for human voices.

3472
03:08:28,884 --> 03:08:32,862
Any of the tools can be used against any people

3473
03:08:32,862 --> 03:08:34,730
in the population.

3474
03:08:34,730 --> 03:08:35,671
These are tech billionaires.

3475
03:08:35,671 --> 03:08:38,358
They are cronies, including our government.

3476
03:08:38,358 --> 03:08:41,240
If they decide anybody is out of line,

3477
03:08:41,240 --> 03:08:43,378
they want us in line, jumping.

3478
03:08:43,378 --> 03:08:44,858
Not asking how high.

3479
03:08:44,858 --> 03:08:47,400
These are the systems they are going

3480
03:08:47,400 --> 03:08:50,362
to use to create an authoritarian government

3481
03:08:50,362 --> 03:08:51,514
to police us.

3482
03:08:51,514 --> 03:08:52,398
Thank you.

3483
03:08:52,398 --> 03:08:57,798
Thank you ahead of time for voting for this.

3484
03:09:05,754 --> 03:09:07,587
>> Good evening my name is Linda Harris and.

3485
03:09:07,587 --> 03:09:09,111
I reside in the Stonewall District.

3486
03:09:09,111 --> 03:09:12,118
There is a saying that there is a place for everything

3487
03:09:12,118 --> 03:09:15,498
and everything has its place, or something like that.

3488
03:09:15,498 --> 03:09:19,938
I personally believe that data centers are a necessary evil.

3489
03:09:19,938 --> 03:09:22,434
We have just come to that point.

3490
03:09:22,434 --> 03:09:27,234
The one that came around today I thought,

3491
03:09:27,298 --> 03:09:30,441
it is just in the wrong place.

3492
03:09:30,441 --> 03:09:32,694
There are too many houses there.

3493
03:09:32,694 --> 03:09:35,702
I grew up on Middle Road.

3494
03:09:35,702 --> 03:09:37,798
There are too many houses out there.

3495
03:09:37,798 --> 03:09:40,122
They need to be in places where they

3496
03:09:40,122 --> 03:09:44,378
won't collide with residences and fit in more

3497
03:09:44,378 --> 03:09:45,884
with the territory around it.

3498
03:09:45,884 --> 03:09:50,180
I just wanted you all to know that I think they are needed,

3499
03:09:50,180 --> 03:09:50,749
they are.

3500
03:09:50,749 --> 03:09:54,710
They just have to be in the right place.

3501
03:09:54,710 --> 03:09:56,710
Thank you.

3502
03:10:03,820 --> 03:10:05,195
>> Leslie Spencer from Gainsboro.

3503
03:10:05,195 --> 03:10:06,280
Thank you very much.

3504
03:10:06,280 --> 03:10:08,666
I support removing the data center ordinance.

3505
03:10:08,666 --> 03:10:12,751
I hope that we inspire every county in Virginia

3506
03:10:12,751 --> 03:10:14,978
to do the same.

3507
03:10:14,978 --> 03:10:16,322
Enough is enough.

3508
03:10:16,322 --> 03:10:18,966
There are too many and we are carrying a lot.

3509
03:10:18,966 --> 03:10:23,778
A lot of the internet add up here dear data Center investors.

3510
03:10:23,778 --> 03:10:25,338
You are amazing.

3511
03:10:25,338 --> 03:10:29,594
I love you a lot, but this research really opened my eyes.

3512
03:10:29,594 --> 03:10:33,610
I thought we were helping nature and saving farmland together.

3513
03:10:33,610 --> 03:10:37,842
Now I see that you have emerged as the biggest threat

3514
03:10:37,842 --> 03:10:39,158
to that future.

3515
03:10:39,158 --> 03:10:41,498
You were born in this great country.

3516
03:10:41,498 --> 03:10:43,498
Became a giant.

3517
03:10:43,778 --> 03:10:47,978
It is like you grew up and went out into the world.

3518
03:10:47,978 --> 03:10:52,598
You need to bring such vanguard innovations back home.

3519
03:10:52,598 --> 03:10:56,890
In Denmark you are cooling by heating thousands of homes

3520
03:10:56,890 --> 03:10:58,438
all throughout Europe.

3521
03:10:58,438 --> 03:11:00,838
In Paris, the same.

3522
03:11:00,844 --> 03:11:03,244
Plus the big pool.

3523
03:11:03,258 --> 03:11:07,178
In no way your sustainability signs with green energy,

3524
03:11:07,178 --> 03:11:11,880
geothermal cooling and home to some of the most beautiful data

3525
03:11:11,880 --> 03:11:16,130
centers ever built. Overseas, there are data centers with open

3526
03:11:16,130 --> 03:11:19,778
and shared community spaces cafes common gardens

3527
03:11:19,778 --> 03:11:22,318
common greenhouses, and even museums.

3528
03:11:22,318 --> 03:11:26,604
There are some living green walls and roofs here in America.

3529
03:11:26,604 --> 03:11:29,106
And a few geothermal to.

3530
03:11:29,106 --> 03:11:32,130
In Georgia you are even using treated gray water

3531
03:11:32,130 --> 03:11:34,220
from outside of your sources.

3532
03:11:34,220 --> 03:11:37,388
There is mostly just industrial sprawl.

3533
03:11:37,388 --> 03:11:41,242
Where overseas you are often always so much more beautiful

3534
03:11:41,242 --> 03:11:43,658
and have a much smaller footprint.

3535
03:11:43,658 --> 03:11:46,391
Why not do all of these things in America.

3536
03:11:46,391 --> 03:11:52,391
Maybe an old rock by burying yourself in geothermal hills

3537
03:11:52,728 --> 03:11:55,498
and becoming a grassland for a threatened.

3538
03:11:55,498 --> 03:11:57,898
Maybe your Superfund sites.

3539
03:11:58,380 --> 03:12:00,551
You must say far from rural America.

3540
03:12:00,551 --> 03:12:05,351
Clean watersheds, nature, and our feud secure --

3541
03:12:07,299 --> 03:12:08,466
food security and farmlands.

3542
03:12:08,466 --> 03:12:11,178
I invite you to work with federal and state communities

3543
03:12:11,178 --> 03:12:14,778
come on conservationists, dreamers and locals.

3544
03:12:14,938 --> 03:12:16,458
Collaborate the right way.

3545
03:12:16,458 --> 03:12:17,738
Dream big.

3546
03:12:17,738 --> 03:12:19,180
Get creative.

3547
03:12:19,180 --> 03:12:22,524
Ask kids, but also mature more.

3548
03:12:22,524 --> 03:12:24,638
I want you to build better when you

3549
03:12:24,638 --> 03:12:26,418
are ready to become a legend.

3550
03:12:26,418 --> 03:12:30,162
I want to see American data centers finally

3551
03:12:30,162 --> 03:12:33,500
on the world's best list.

3552
03:12:33,500 --> 03:12:37,690
Where world leaders come to here to see the legacy

3553
03:12:37,690 --> 03:12:40,900
you built and inspire the world to do better.

3554
03:12:40,900 --> 03:12:44,790
When you are ready to give back, save farmland, dark skies,

3555
03:12:44,790 --> 03:12:47,658
nature, on site forever and ever.

3556
03:12:47,658 --> 03:12:50,951
Then you are ready to collaborate and make this work.

3557
03:12:50,951 --> 03:12:52,951
Thank you.

3558
03:13:03,448 --> 03:13:04,115
>> Good evening.

3559
03:13:04,115 --> 03:13:06,282
My name is Vicki and I am in the Stonewall District.

3560
03:13:06,282 --> 03:13:09,282
I am in favor --

3561
03:13:10,538 --> 03:13:12,448
I have not been drinking back there, really.

3562
03:13:12,448 --> 03:13:15,913
I am in favor, very much, of a resolution

3563
03:13:15,913 --> 03:13:19,391
to remove data centers from our comprehensive plan.

3564
03:13:19,391 --> 03:13:24,378
I am not an attorney, but I do not trust simply

3565
03:13:24,378 --> 03:13:26,844
removing all reference to them.

3566
03:13:26,844 --> 03:13:29,770
It is kind of like tearing down statues.

3567
03:13:29,770 --> 03:13:32,244
If we don't know what we've done in the past,

3568
03:13:32,244 --> 03:13:34,338
we are doomed to repeat the past.

3569
03:13:34,338 --> 03:13:36,400
I do not trust this.

3570
03:13:36,400 --> 03:13:41,330
But if we do not have a data center listed and defined,

3571
03:13:41,330 --> 03:13:44,348
and prohibited in the different zones,

3572
03:13:44,348 --> 03:13:46,720
that there will not be a loophole

3573
03:13:46,720 --> 03:13:48,928
then we will be back through this again.

3574
03:13:48,928 --> 03:13:52,252
I thoroughly appreciate every one of you

3575
03:13:52,252 --> 03:13:53,958
far more than I ever knew.

3576
03:13:53,958 --> 03:13:57,671
Because I am getting tired of coming out every evening

3577
03:13:57,671 --> 03:14:01,271
and going to the historic resources

3578
03:14:01,618 --> 03:14:04,911
and to the Planning Commission and Board of Supervisors.

3579
03:14:04,911 --> 03:14:06,658
I want my life back.

3580
03:14:06,658 --> 03:14:10,530
I want to make sure that whatever you do tonight,

3581
03:14:10,530 --> 03:14:13,180
make sure there are no loopholes.

3582
03:14:13,180 --> 03:14:15,260
Make sure that we are not doing something

3583
03:14:15,260 --> 03:14:18,463
that is going to cause us to be right back in the same place

3584
03:14:18,463 --> 03:14:19,422
a year from now.

3585
03:14:19,422 --> 03:14:22,552
I do appreciate every one of you so much more

3586
03:14:22,552 --> 03:14:24,178
than I did a year ago.

3587
03:14:24,178 --> 03:14:25,471
I am tired of coming.

3588
03:14:25,471 --> 03:14:27,471
Thank you.

3589
03:14:32,981 --> 03:14:34,898
>> I don't see anyone else coming up to speak.

3590
03:14:34,898 --> 03:14:38,218
Aaron's going to prove me wrong.

3591
03:14:38,218 --> 03:14:40,880
>> Aaron Fox come on back Creek.

3592
03:14:40,880 --> 03:14:43,888
I didn't prepare anything and it is an hour past my bedtime.

3593
03:14:43,888 --> 03:14:45,722
I do support an ordinance amendment.

3594
03:14:45,722 --> 03:14:48,418
I do want to see them removed as a use.

3595
03:14:48,418 --> 03:14:54,858
I am also concerned with if this is airtight or not.

3596
03:14:54,858 --> 03:14:56,871
Like Vicki said, I am not an attorney

3597
03:14:56,871 --> 03:14:58,674
but I have been in discussion with someone

3598
03:14:58,674 --> 03:15:01,386
who is consulting with an outside land use attorney.

3599
03:15:01,386 --> 03:15:04,858
I've read statements by Mr. Fox and talked to planning.

3600
03:15:04,858 --> 03:15:08,164
It seems like maybe things are not as clear as they should be.

3601
03:15:08,164 --> 03:15:09,726
While I want to see this happen soon,

3602
03:15:09,726 --> 03:15:11,966
I also don't want us to rush this.

3603
03:15:11,966 --> 03:15:16,980
I am not sure what else to say about that other than to say

3604
03:15:16,980 --> 03:15:18,138
come on please take that into consideration.

3605
03:15:18,138 --> 03:15:19,978
Thank you.

3606
03:15:19,978 --> 03:15:21,978
>> Thank you.

3607
03:15:22,418 --> 03:15:26,180
Chairman Stowe: Seeing no one else,

3608
03:15:26,250 --> 03:15:27,358
I will close the public hearing.

3609
03:15:27,358 --> 03:15:31,324
Mr. Bishop, anything you want to add?

3610
03:15:31,324 --> 03:15:32,741
>> I have nothing to add.

3611
03:15:32,741 --> 03:15:34,466
We have Mr. Fox here this evening,

3612
03:15:34,466 --> 03:15:37,884
should you have any additional details specifically

3613
03:15:37,884 --> 03:15:40,846
legal questions, I can try to address

3614
03:15:40,846 --> 03:15:42,658
from a zoning perspective.

3615
03:15:42,658 --> 03:15:46,600
I can talk about land use cases if you need me to.

3616
03:15:46,600 --> 03:15:51,578
Other than that, I think you have everything before you.

3617
03:15:51,578 --> 03:15:55,605
Chairman Stowe: Did you want to add anything, Mr. Fox.

3618
03:15:55,605 --> 03:15:57,538
I don't think it's necessary but I want

3619
03:15:57,538 --> 03:15:59,978
to afford you the opportunity.

3620
03:15:59,978 --> 03:16:04,938
>> Just to add or amplify, I think Virginia --

3621
03:16:04,938 --> 03:16:07,338
and when it comes to land use law,

3622
03:16:07,338 --> 03:16:08,942
Virginia counties are kind of like.

3623
03:16:08,942 --> 03:16:12,110
They are all going on the road from point A to point B

3624
03:16:12,110 --> 03:16:14,443
but they are very different in how they are constructed.

3625
03:16:14,443 --> 03:16:16,193
I have consulted with an outside attorney.

3626
03:16:16,193 --> 03:16:18,218
It is the same outside attorney that

3627
03:16:18,218 --> 03:16:19,722
consulted with the Berkeley Group

3628
03:16:19,722 --> 03:16:21,468
to overhaul our zoning ordinance.

3629
03:16:21,468 --> 03:16:23,595
Is very familiar with our zoning ordinance.

3630
03:16:23,595 --> 03:16:25,178
Is very familiar with zoning ordinance

3631
03:16:25,178 --> 03:16:26,874
from other part of the state.

3632
03:16:26,874 --> 03:16:28,301
He has absolutely correct when he

3633
03:16:28,301 --> 03:16:30,468
said there were different types of zoning ordinances

3634
03:16:30,468 --> 03:16:32,438
and there are different approaches.

3635
03:16:32,438 --> 03:16:34,648
There is no such thing as airtight

3636
03:16:34,648 --> 03:16:37,570
when it comes to land use law and zoning.

3637
03:16:37,570 --> 03:16:41,244
If there was, you wouldn't need me here

3638
03:16:41,244 --> 03:16:43,580
and you wouldn't need other lawyers

3639
03:16:43,580 --> 03:16:46,684
and other people wouldn't need lawyers to argue about it.

3640
03:16:46,684 --> 03:16:50,638
We are trying to do what the unambiguous direction

3641
03:16:50,638 --> 03:16:53,690
of the Board of Supervisors was to do.

3642
03:16:53,690 --> 03:16:58,326
We are trying to do it as well as we can.

3643
03:16:58,326 --> 03:17:01,162
Just yesterday, my colleague in Loudoun County,

3644
03:17:01,162 --> 03:17:03,349
who has been doing this almost twice as long

3645
03:17:03,349 --> 03:17:06,188
as I have, and I have been doing it a pretty long time,

3646
03:17:06,188 --> 03:17:10,998
was directed to basically do the same thing we are doing.

3647
03:17:10,998 --> 03:17:13,714
But they have over 20 applications in the pipeline.

3648
03:17:13,714 --> 03:17:15,471
And they are Loudoun County.

3649
03:17:15,471 --> 03:17:17,458
He has been given a little over a month

3650
03:17:17,458 --> 03:17:20,518
to come back and tell them how to do that.

3651
03:17:20,518 --> 03:17:23,932
It is unusual to remove a use.

3652
03:17:23,932 --> 03:17:27,466
We are trying to do everything we can,

3653
03:17:27,466 --> 03:17:30,878
bringing in outside experts, considering every possibility.

3654
03:17:30,878 --> 03:17:33,258
We are asking you to move this forward.

3655
03:17:33,258 --> 03:17:39,315
We are not -- we are going to continue to work on it to tweak

3656
03:17:39,315 --> 03:17:41,918
it and make it as airtight as possible as we move towards

3657
03:17:41,918 --> 03:17:44,164
the Board of Supervisors meeting on the 23rd.

3658
03:17:44,164 --> 03:17:47,580
There is no question that we are not

3659
03:17:47,580 --> 03:17:49,818
trying to build any fault into this edifice.

3660
03:17:49,818 --> 03:17:52,891
We are trying to do it exactly as the board directed.

3661
03:17:52,891 --> 03:17:58,291
I'm happy to any -- answer any specific questions.

3662
03:17:58,658 --> 03:18:01,658
Thank you very much, sir.

3663
03:18:01,691 --> 03:18:05,291
This leads us to planning discussion.

3664
03:18:09,676 --> 03:18:10,176
>>.

3665
03:18:10,176 --> 03:18:16,176
You are saying there's no way possible to remove loopholes?

3666
03:18:16,569 --> 03:18:19,445
>> That would be my legal opinion.

3667
03:18:19,445 --> 03:18:22,280
Chairman Stowe: I think if there were no loopholes we wouldn't

3668
03:18:22,280 --> 03:18:24,428
need courts or attorneys.

3669
03:18:28,765 --> 03:18:30,307
Council Member Whitacre: I think we'd

3670
03:18:30,307 --> 03:18:31,932
need to do a lot more research on this.

3671
03:18:31,932 --> 03:18:35,532
I don't believe in the impossible.

3672
03:18:37,992 --> 03:18:40,159
Chairman Stowe: Anyone else have a comment all right

3673
03:18:40,159 --> 03:18:42,498
come on Mr. Kerns.

3674
03:18:42,498 --> 03:18:45,354
>> If members of the Planning Commission could humor me.

3675
03:18:45,354 --> 03:18:47,710
I'm very normally short with my questions

3676
03:18:47,710 --> 03:18:48,315
and try to get to the point.

3677
03:18:48,315 --> 03:18:51,246
I've done a lot of research on this and a lot of thought

3678
03:18:51,246 --> 03:18:54,978
on this and I do have a couple of comments lined up.

3679
03:18:54,978 --> 03:18:57,258
If you could please humor me.

3680
03:18:57,258 --> 03:19:04,451
I spent a lot of time on this and this is not a comment

3681
03:19:04,451 --> 03:19:09,851
that I wanted to make on the because I

3682
03:19:11,338 --> 03:19:13,340
don't think it is applicable.

3683
03:19:13,340 --> 03:19:18,230
That is something we deal with on an individual basis.

3684
03:19:18,230 --> 03:19:22,418
This is more on the outright banning,

3685
03:19:22,418 --> 03:19:24,818
effectively banning a use.

3686
03:19:26,962 --> 03:19:30,440
I hesitantly bring up a couple of points.

3687
03:19:30,440 --> 03:19:32,904
They are at the national level, but they speak exactly

3688
03:19:32,904 --> 03:19:34,628
to what we are talking about right now.

3689
03:19:34,628 --> 03:19:37,510
I think they are relevant to this.

3690
03:19:37,510 --> 03:19:39,111
I will try to go through them quickly.

3691
03:19:39,111 --> 03:19:42,158
In July of last year, the president of the United States

3692
03:19:42,158 --> 03:19:44,118
signed executive order 14318 which

3693
03:19:44,118 --> 03:19:47,103
is titled Accelerating Federal Permitting of Data Center

3694
03:19:47,103 --> 03:19:47,728
infrastructure.

3695
03:19:47,728 --> 03:19:52,770
The purpose of which is stated as, and this is a quote,

3696
03:19:52,770 --> 03:19:54,838
my administration has inaugurated a golden age

3697
03:19:54,838 --> 03:19:57,198
for American manufacturing and technological dominance

3698
03:19:57,198 --> 03:20:00,658
but we will pursue bold large scale industrial plans

3699
03:20:00,658 --> 03:20:02,610
to develop the United States further

3700
03:20:02,610 --> 03:20:04,698
into the lead on critical practices

3701
03:20:04,698 --> 03:20:07,244
and technologies essential to national security,

3702
03:20:07,244 --> 03:20:09,871
economic prosperity, and scientific leadership.

3703
03:20:09,871 --> 03:20:13,508
These plans include artificial intelligence data centers

3704
03:20:13,508 --> 03:20:15,540
and infrastructure that powers them,

3705
03:20:15,540 --> 03:20:16,998
including high voltage transmission

3706
03:20:16,998 --> 03:20:18,290
lines and other equipment.

3707
03:20:18,290 --> 03:20:20,938
Will be a priority of my administration

3708
03:20:20,938 --> 03:20:22,998
to facilitate the rapid and efficient buildout

3709
03:20:22,998 --> 03:20:26,698
of this infrastructure by easing federal regulatory burdens.

3710
03:20:26,698 --> 03:20:28,918
And then it goes on for six pages with definitions

3711
03:20:28,918 --> 03:20:29,730
and other things.

3712
03:20:29,730 --> 03:20:31,460
You can look this up.

3713
03:20:31,460 --> 03:20:33,338
It is on the white House website.

3714
03:20:33,338 --> 03:20:36,538
In addition, based on numerous online resources

3715
03:20:36,538 --> 03:20:38,220
that are easily out there.

3716
03:20:38,220 --> 03:20:40,908
You can find them on the military website.

3717
03:20:40,908 --> 03:20:42,386
They are all out there.

3718
03:20:42,386 --> 03:20:44,668
The United States military actively

3719
03:20:44,668 --> 03:20:51,268
uses ChatGPT, Gemini, the maiden smart system and other custom AI

3720
03:20:52,464 --> 03:20:52,964
tools.

3721
03:20:52,964 --> 03:20:56,377
In January of this year the Secretary of Defense of War

3722
03:20:56,377 --> 03:20:58,608
directed a memorandum to senior leadership

3723
03:20:58,608 --> 03:21:01,554
to accelerate America's military AI

3724
03:21:01,554 --> 03:21:04,754
dominance to this end, aligned with America's action plan

3725
03:21:04,754 --> 03:21:08,158
I directed the Department of War to accelerate the military AI

3726
03:21:08,158 --> 03:21:11,107
dominance by becoming an AI first war fighting

3727
03:21:11,107 --> 03:21:14,138
force across all components from front to back.

3728
03:21:14,138 --> 03:21:17,831
Now we have laid out at the federal level,

3729
03:21:17,831 --> 03:21:20,554
the presidential level, the importance of AI

3730
03:21:20,554 --> 03:21:22,874
and the infrastructure to national security

3731
03:21:22,874 --> 03:21:24,482
and the military.

3732
03:21:24,482 --> 03:21:26,258
And then come out Monday of this week,

3733
03:21:26,258 --> 03:21:28,780
I am sure we have probably read this

3734
03:21:28,780 --> 03:21:30,562
and we just heard a short snippet of the quote,

3735
03:21:30,562 --> 03:21:33,391
but the president did make this following statement.

3736
03:21:33,391 --> 03:21:36,651
I think it is directly exactly on things

3737
03:21:36,651 --> 03:21:37,934
like where we are here.

3738
03:21:37,934 --> 03:21:39,600
This is a direct quote.

3739
03:21:39,600 --> 03:21:41,506
The only reason the communities throughout the United States

3740
03:21:41,506 --> 03:21:44,342
should not want data centers is if they want to end up

3741
03:21:44,342 --> 03:21:45,384
being backwards and poor.

3742
03:21:45,384 --> 03:21:48,310
If they want to be successful and rich with far lower taxes

3743
03:21:48,310 --> 03:21:51,824
and jobs all over the place, let data rain.

3744
03:21:51,824 --> 03:21:55,741
I bring that up, not at a political point in any way,

3745
03:21:55,741 --> 03:21:57,991
but to point out to the fact that at the federal level

3746
03:21:57,991 --> 03:22:01,538
and the presidential level, data centers and data center

3747
03:22:01,538 --> 03:22:04,506
infrastructure is a very high priority.

3748
03:22:04,506 --> 03:22:08,458
I think that is relevant for this discussion tonight

3749
03:22:08,458 --> 03:22:11,338
and for the public to understand that.

3750
03:22:11,338 --> 03:22:14,331
Is that influencing my decision or stance?

3751
03:22:14,331 --> 03:22:14,831
No.

3752
03:22:14,831 --> 03:22:16,658
I am not saying that.

3753
03:22:16,658 --> 03:22:20,506
I just want everyone to know that it's happening

3754
03:22:20,506 --> 03:22:24,180
and this is at the federal level that

3755
03:22:24,180 --> 03:22:27,161
controls funding and all sorts of things up there.

3756
03:22:27,161 --> 03:22:29,980
I just wanted to point that out.

3757
03:22:29,980 --> 03:22:33,764
My question specifically on this, down to this level,

3758
03:22:33,764 --> 03:22:36,100
I feel we have a mechanism in place

3759
03:22:36,100 --> 03:22:37,966
that we used 15 minutes ago.

3760
03:22:37,966 --> 03:22:40,595
We have used it a couple of times now.

3761
03:22:40,595 --> 03:22:42,898
I think it has worked great.

3762
03:22:42,898 --> 03:22:46,631
Yes, it involves a lot of public input, which I think

3763
03:22:46,631 --> 03:22:47,298
is fantastic.

3764
03:22:47,298 --> 03:22:50,276
I think it has engaged a lot of people who have never been

3765
03:22:50,276 --> 03:22:51,484
engaged in government before.

3766
03:22:51,484 --> 03:22:53,626
I think it is a good thing.

3767
03:22:53,626 --> 03:22:54,874
I enjoy seeing that.

3768
03:22:54,874 --> 03:22:56,534
I like people coming out here.

3769
03:22:56,534 --> 03:23:00,808
I think we have the process in place where we can stop this.

3770
03:23:00,808 --> 03:23:02,716
There is a mechanism in place.

3771
03:23:02,716 --> 03:23:03,920
We have used it.

3772
03:23:03,920 --> 03:23:05,223
We just used it.

3773
03:23:05,223 --> 03:23:06,848
It will go to the Board of Supervisors.

3774
03:23:06,848 --> 03:23:09,731
You will take that up at the Board of Supervisors level.

3775
03:23:09,731 --> 03:23:11,463
I think that is in place.

3776
03:23:11,463 --> 03:23:16,884
I agree that removing the TM zoning, we do not need that.

3777
03:23:16,884 --> 03:23:19,187
It is superfluous to have it in there.

3778
03:23:19,187 --> 03:23:20,354
It creates another loophole.

3779
03:23:20,354 --> 03:23:22,650
I don't think it should be there.

3780
03:23:22,650 --> 03:23:28,650
But the CUP that we have in place and now

3781
03:23:36,380 --> 03:23:37,672
does what it is supposed to do.

3782
03:23:37,672 --> 03:23:39,498
I believe that a local body should not

3783
03:23:39,498 --> 03:23:43,980
act based on fear or emotion.

3784
03:23:44,233 --> 03:23:45,674
I think they should be proactive.

3785
03:23:45,674 --> 03:23:48,618
I don't think they should be over reactive.

3786
03:23:48,618 --> 03:23:53,498
I feel that we were a -- pro reactive last year in making

3787
03:23:53,498 --> 03:23:57,698
the CUP and removing the data centers.

3788
03:23:59,218 --> 03:24:01,858
I think we have done the right thing.

3789
03:24:01,858 --> 03:24:03,291
We have the process in place.

3790
03:24:03,291 --> 03:24:05,391
We have just seen that it works this year.

3791
03:24:05,391 --> 03:24:06,618
I like that process.

3792
03:24:06,618 --> 03:24:11,418
I worry that if we overreact and completely remove the use, what

3793
03:24:11,418 --> 03:24:12,918
are we telling developers.

3794
03:24:12,918 --> 03:24:15,555
We are telling developers to shut the door.

3795
03:24:15,555 --> 03:24:18,229
If we leave the door a tiny bit open,

3796
03:24:18,229 --> 03:24:22,100
do we have the opportunity to then say,

3797
03:24:22,100 --> 03:24:26,518
these project are not good enough, innovate, do better.

3798
03:24:26,518 --> 03:24:28,812
Right now they are not good enough.

3799
03:24:28,812 --> 03:24:31,258
In a year from now, six months from now,

3800
03:24:31,258 --> 03:24:33,138
I don't know what technology will be.

3801
03:24:33,138 --> 03:24:39,821
But I feel if we leave the CUP door open a little bit,

3802
03:24:39,821 --> 03:24:41,946
we are demanding that you do better bring something

3803
03:24:41,946 --> 03:24:44,321
better to us that will not have these impacts it will not

3804
03:24:44,321 --> 03:24:47,158
have the impact on the water or electricity because it possible?

3805
03:24:47,158 --> 03:24:48,141
It is possible.

3806
03:24:48,141 --> 03:24:50,762
I think it has been done around the world.

3807
03:24:50,762 --> 03:24:52,243
There are small examples of it.

3808
03:24:52,243 --> 03:24:55,178
I think there is technology coming we do not know about.

3809
03:24:55,178 --> 03:24:57,534
That is just my take on it.

3810
03:24:57,534 --> 03:24:59,724
I know it is probably not of the majority.

3811
03:24:59,724 --> 03:25:03,898
But I just felt like I have done a lot of research

3812
03:25:03,898 --> 03:25:06,178
on this and a lot of thinking on this.

3813
03:25:06,178 --> 03:25:07,438
That was all.

3814
03:25:07,438 --> 03:25:09,438
Thank you.

3815
03:25:16,606 --> 03:25:18,856
>> I fear that we will get stampeded into the Keronian

3816
03:25:18,856 --> 03:25:24,658
action that will result in some statewide or federal level

3817
03:25:24,658 --> 03:25:29,458
action that local communities will lose all prerogatives.

3818
03:25:30,138 --> 03:25:33,498
When we start prohibiting something or taking something

3819
03:25:33,498 --> 03:25:36,538
out of the ordinance that really contributes

3820
03:25:36,538 --> 03:25:39,400
to the national security of this country.

3821
03:25:39,400 --> 03:25:41,995
I don't think any of us want China

3822
03:25:41,995 --> 03:25:44,578
in charge of all of our data.

3823
03:25:44,578 --> 03:25:47,000
Having said that I think we need to take

3824
03:25:47,000 --> 03:25:49,491
this out of our ordinance now and prepare

3825
03:25:49,491 --> 03:25:53,691
for the future at a later date.

3826
03:25:57,665 --> 03:25:58,873
>> I would like to elaborate.

3827
03:25:58,873 --> 03:25:59,581
I agree with you.

3828
03:25:59,581 --> 03:26:01,418
We need to take it out of the ordinance.

3829
03:26:01,418 --> 03:26:03,351
Data is a national security.

3830
03:26:03,351 --> 03:26:04,994
I am not against national security.

3831
03:26:04,994 --> 03:26:07,698
I am against where you are putting it.

3832
03:26:07,698 --> 03:26:11,538
How much easier it is to defend it

3833
03:26:11,538 --> 03:26:13,858
where forces are closer to it.

3834
03:26:13,858 --> 03:26:18,750
Cutting the lines through here to bring energy there.

3835
03:26:18,750 --> 03:26:21,750
Put the energy over there.

3836
03:26:21,938 --> 03:26:24,818
Why would we be wasteful and destroy

3837
03:26:24,818 --> 03:26:27,218
another national security issue.

3838
03:26:27,638 --> 03:26:28,568
Food.

3839
03:26:28,568 --> 03:26:32,768
And banning, outright banning and leaving out

3840
03:26:33,166 --> 03:26:34,998
all of the loopholes to deny data centers

3841
03:26:34,998 --> 03:26:39,798
is not shutting the door to other industry.

3842
03:26:48,638 --> 03:26:49,412
Council Member Markert: I agree and obviously I voted yes

3843
03:26:49,412 --> 03:26:50,964
I agree with what we are doing.

3844
03:26:50,964 --> 03:26:57,418
I just want to make sure -- in my opinion, we need AI.

3845
03:26:57,418 --> 03:26:59,180
We need data centers.

3846
03:26:59,180 --> 03:27:01,884
If we don't do this, all of the AI

3847
03:27:01,884 --> 03:27:06,111
that will be in the commercial marketplace for us to use

3848
03:27:06,111 --> 03:27:12,111
will be from China, with their bias and their backdoors

3849
03:27:12,454 --> 03:27:14,446
and whatever.

3850
03:27:14,446 --> 03:27:19,246
It is not realistic to ban data centers.

3851
03:27:21,338 --> 03:27:26,738
Tonight's, this conversation is jumping from denying one data

3852
03:27:26,791 --> 03:27:28,789
center to banning them all.

3853
03:27:28,789 --> 03:27:35,389
I don't think it's wise at all to ban them all.

3854
03:27:37,138 --> 03:27:41,578
The federal government come out from what you guys just said,

3855
03:27:41,578 --> 03:27:46,138
in support of that, could very well overturn what we are doing.

3856
03:27:46,138 --> 03:27:48,634
We need to be ready with guardrails.

3857
03:27:48,634 --> 03:27:54,340
We need to be ready, if they say no,

3858
03:27:54,608 --> 03:27:56,108
Frederick County you cannot do that.

3859
03:27:56,108 --> 03:27:57,634
You cannot deny data centers.

3860
03:27:57,634 --> 03:27:59,378
It is a national emergency.

3861
03:27:59,378 --> 03:28:01,378
Okay.

3862
03:28:02,338 --> 03:28:05,354
Then we have to have a set of ordinances that says

3863
03:28:05,354 --> 03:28:07,314
they need to be underground.

3864
03:28:07,314 --> 03:28:11,784
They need to be 5000ft from my residence that is occupied.

3865
03:28:11,784 --> 03:28:16,506
They need to be on competent ground, not this current stuff

3866
03:28:16,506 --> 03:28:17,530
that we have.

3867
03:28:17,530 --> 03:28:20,898
And probably half a dozen other things

3868
03:28:20,898 --> 03:28:27,511
that we could put in an ordinance that says if we ever

3869
03:28:27,511 --> 03:28:32,898
have a situation where we were forced to have data centers,

3870
03:28:32,898 --> 03:28:36,346
we would have to set a rule that makes them good neighbors.

3871
03:28:36,346 --> 03:28:41,658
If -- what is a good neighbor it is somebody that is unintrusive

3872
03:28:41,658 --> 03:28:48,258
to you, doesn't impact you, helps you when you need help.

3873
03:28:48,498 --> 03:28:52,980
And it contributes to the neighborhood.

3874
03:28:52,768 --> 03:28:58,168
There may well be cases in Frederick County that

3875
03:28:58,641 --> 03:29:03,615
are far enough away where it will be a good neighbor

3876
03:29:03,615 --> 03:29:05,871
and meet the ordinances that we have in place.

3877
03:29:05,871 --> 03:29:10,671
We don't have them in place right now.

3878
03:29:15,325 --> 03:29:15,950
Chairman Stowe:

3879
03:29:15,950 --> 03:29:17,658
Chairman Stowe: Anything else to my left.

3880
03:29:17,658 --> 03:29:19,658
I will agree.

3881
03:29:21,180 --> 03:29:22,244
>> I will agree.

3882
03:29:22,244 --> 03:29:27,515
Just every -- so many people came up to the microphone very

3883
03:29:27,515 --> 03:29:29,649
few people had more than pad and paper.

3884
03:29:29,649 --> 03:29:34,240
I think in the right place with the right infrastructure we

3885
03:29:34,240 --> 03:29:36,922
are not set for it right now.

3886
03:29:36,922 --> 03:29:38,630
We do not have the power and capabilities

3887
03:29:38,630 --> 03:29:41,584
to do what was proposed.

3888
03:29:41,584 --> 03:29:43,984
Again, technology keeps changing.

3889
03:29:44,800 --> 03:29:46,880
Who knows what is going to power the data

3890
03:29:46,880 --> 03:29:48,511
center in a year or two.

3891
03:29:48,511 --> 03:29:53,911
But I do like the CUP process because it

3892
03:29:56,822 --> 03:30:01,818
does give the public input on how it is sited.

3893
03:30:01,818 --> 03:30:04,938
>> Mr. Chairman, can I make a recommendation?

3894
03:30:04,938 --> 03:30:06,578
>> Please.

3895
03:30:06,578 --> 03:30:09,698
>> I move to recommend that the Board of Supervisors approve

3896
03:30:09,698 --> 03:30:13,528
the ordinance modification, item nine C to remove data centers

3897
03:30:13,528 --> 03:30:18,338
as permitted and or conditional use and to remove other

3898
03:30:18,338 --> 03:30:21,364
references to data centers, including definitions

3899
03:30:21,364 --> 03:30:24,964
and additional regulations for specific uses.

3900
03:30:26,538 --> 03:30:27,578
>> Second.

3901
03:30:27,578 --> 03:30:33,578
>> We have a motion and a second any additional discussion?

3902
03:30:40,170 --> 03:30:44,817
>> A yes vote is removal of data centers.

3903
03:30:49,308 --> 03:30:51,308
[Members Voting]

3904
03:30:54,580 --> 03:30:56,580
motion carries.

3905
03:30:58,378 --> 03:31:02,285
Chairman Stowe: This will go to the Board of Supervisors

3906
03:31:02,285 --> 03:31:04,285
on September 23rd.

3907
03:31:06,512 --> 03:31:08,540
>> Thank you come on Mister Chairman.

3908
03:31:08,540 --> 03:31:11,138
As a follow up to the last item this was also a direct that came

3909
03:31:11,138 --> 03:31:13,973
from the Board of Supervisors that came on August 12th, 2026.

3910
03:31:13,973 --> 03:31:17,834
That was the proposal to amend chapter 165 zoning

3911
03:31:17,834 --> 03:31:21,724
Ordinance to remove the term, technology and manufacturing

3912
03:31:21,724 --> 03:31:25,951
part zoning district and other references to the TM Zoning

3913
03:31:25,951 --> 03:31:28,450
District from the ordinance which are outlined

3914
03:31:28,450 --> 03:31:30,871
in your packet, which will I will not

3915
03:31:30,871 --> 03:31:33,858
try to enumerate here because it is throughout their.

3916
03:31:33,858 --> 03:31:36,608
The TM district was crafted to provide

3917
03:31:36,608 --> 03:31:40,484
areas for economic development authority, targeted industries,

3918
03:31:40,484 --> 03:31:44,710
data centers, offices, low impact industrial center

3919
03:31:44,710 --> 03:31:45,948
and manufacturing uses which do not

3920
03:31:45,948 --> 03:31:49,746
create significant noise beyond the property lines, smoke, dust,

3921
03:31:49,746 --> 03:31:50,991
or other hazards.

3922
03:31:50,991 --> 03:31:53,398
I am reading the intent from the original ordinance.

3923
03:31:53,398 --> 03:31:56,398
The district designed to function

3924
03:31:56,738 --> 03:31:59,340
as a business campus like setting with direct access

3925
03:31:59,340 --> 03:32:02,705
to major transportation network and rail facilities,

3926
03:32:02,705 --> 03:32:04,956
and areas where there is availability

3927
03:32:04,956 --> 03:32:08,180
or close proximity to over electrical transmission lines

3928
03:32:08,180 --> 03:32:11,618
the current conditions were adopted in 2024.

3929
03:32:12,298 --> 03:32:17,618
That is what became of your former Om zoning district.

3930
03:32:17,618 --> 03:32:20,618
The requested action this evening

3931
03:32:22,258 --> 03:32:27,658
is an action, recommendation to the Board of Supervisors.

3932
03:32:29,218 --> 03:32:33,744
The DRC did discuss this on the August 27th meeting they did not

3933
03:32:33,744 --> 03:32:38,168
have any comments on this the item is presented for public

3934
03:32:38,168 --> 03:32:39,818
hearing this evening.

3935
03:32:39,818 --> 03:32:43,710
After which we seek a recommendation.

3936
03:32:43,710 --> 03:32:45,520
>> Any questions for Mr. Bishop?

3937
03:32:45,520 --> 03:32:47,520
To my left?

3938
03:32:47,315 --> 03:32:49,896
This is a public hearing.

3939
03:32:49,896 --> 03:32:52,271
If anyone would like to speak to the ordinance amendment,

3940
03:32:52,271 --> 03:32:53,892
this is the time to do so.

3941
03:32:53,892 --> 03:32:55,934
State your name, district and limit your comments

3942
03:32:55,934 --> 03:32:56,976
to three minutes or less.

3943
03:32:56,976 --> 03:33:01,884
You know that we do not have any jurisdiction in Winchester?

3944
03:33:01,884 --> 03:33:03,126
>> I realized that.

3945
03:33:03,126 --> 03:33:07,618
But I also take whatever I gain from here over there.

3946
03:33:07,618 --> 03:33:09,418
>> You are welcome to speak.

3947
03:33:09,418 --> 03:33:10,378
Don't get me wrong.

3948
03:33:10,378 --> 03:33:13,778
I just don't want you to be disappointed.

3949
03:33:13,778 --> 03:33:17,380
>> Whatever I gain from here transport's over there.

3950
03:33:17,380 --> 03:33:18,258
And sometimes I lose.

3951
03:33:18,258 --> 03:33:19,794
But that is okay.

3952
03:33:19,794 --> 03:33:25,194
My name is Arthur Kristen from Winchester over there.

3953
03:33:27,818 --> 03:33:33,818
Basically I'm suggesting that we vote yes to remove these.

3954
03:33:35,580 --> 03:33:38,658
Although I actually take old computers

3955
03:33:40,951 --> 03:33:43,691
and disassemble them, steel parts of them

3956
03:33:43,691 --> 03:33:47,200
and remanufacture them for other people.

3957
03:33:47,200 --> 03:33:53,602
Basically what I am doing , basically if this went away I

3958
03:33:54,683 --> 03:33:56,266
would be running an illegal operation.

3959
03:33:56,266 --> 03:34:02,866
Although I do it from one computer maybe once a month.

3960
03:34:06,698 --> 03:34:09,231
I keep old tube TVs.

3961
03:34:09,231 --> 03:34:11,538
Mostly because of the tubes inside.

3962
03:34:11,538 --> 03:34:16,658
But also because those have what I call a shelf on top.

3963
03:34:16,658 --> 03:34:20,178
Where you throw your magazines and stuff that you don't want

3964
03:34:20,178 --> 03:34:22,378
to lose like your remote.

3965
03:34:22,378 --> 03:34:25,378
Although I lose those to.

3966
03:34:33,298 --> 03:34:36,548
I am also a fan of Doctor Who, who unfortunately

3967
03:34:36,548 --> 03:34:39,498
the last couple of seasons got hammered

3968
03:34:39,498 --> 03:34:46,980
for using AI to fix the older versions of Doctor Who.

3969
03:34:48,570 --> 03:34:54,570
They got slammed by the classic community of Doctor Who.

3970
03:34:54,922 --> 03:34:57,804
I cannot even repeat some of the words that were said.

3971
03:34:57,804 --> 03:35:00,580
It was not good.

3972
03:35:00,580 --> 03:35:02,458
Personally, I watch it.

3973
03:35:03,162 --> 03:35:07,962
My vision sucks, so I don't really care.

3974
03:35:08,170 --> 03:35:10,711
But having said that, I still think

3975
03:35:10,711 --> 03:35:14,155
we should vote yes on this.

3976
03:35:14,155 --> 03:35:17,938
It is along the lines of the other stuff

3977
03:35:17,938 --> 03:35:20,618
and it is cutting down on loopholes.

3978
03:35:20,618 --> 03:35:23,442
That is the big item.

3979
03:35:23,442 --> 03:35:25,194
Cut the loopholes.

3980
03:35:25,194 --> 03:35:27,594
Thank you very much.

3981
03:35:28,258 --> 03:35:30,258
>> Thank you.

3982
03:35:30,578 --> 03:35:35,378
>> Next sign up as Jennifer Smith from Stonewall.

3983
03:35:36,658 --> 03:35:39,580
Is she still here?

3984
03:35:39,858 --> 03:35:41,718
She may have left.

3985
03:35:41,718 --> 03:35:43,218
After that we have Sharlene Anderson

3986
03:35:43,218 --> 03:35:44,631
who we confirmed as not here.

3987
03:35:44,631 --> 03:35:49,431
I think you are up after all, Jack.

3988
03:35:52,165 --> 03:35:53,582
>> Hello, Jack Tinsley, Gainsboro.

3989
03:35:53,582 --> 03:35:54,790
Not trying to break anything.

3990
03:35:54,790 --> 03:35:55,618
A couple of things.

3991
03:35:55,618 --> 03:35:58,354
Executive orders come and go with presidents.

3992
03:35:58,354 --> 03:36:00,818
We don't have to worry about them too much.

3993
03:36:00,818 --> 03:36:01,991
You have four years.

3994
03:36:01,991 --> 03:36:03,240
That is one thing.

3995
03:36:03,240 --> 03:36:05,938
The other thing is, the only time you can be brave

3996
03:36:05,938 --> 03:36:08,252
is if you are afraid.

3997
03:36:08,252 --> 03:36:10,618
When it comes to whether or not we

3998
03:36:10,618 --> 03:36:13,231
are going to let data centers in or not,

3999
03:36:13,231 --> 03:36:16,831
we have to understand that basically,

4000
03:36:18,380 --> 03:36:22,238
cut everything else away, we are going

4001
03:36:22,618 --> 03:36:25,234
to survive without the data centers.

4002
03:36:25,234 --> 03:36:26,640
We are going to do better.

4003
03:36:26,640 --> 03:36:29,578
We had people talking about --

4004
03:36:29,578 --> 03:36:32,808
Liz said, you can grow a potato from a potato.

4005
03:36:32,808 --> 03:36:35,118
You are not growing anything from a data center.

4006
03:36:35,118 --> 03:36:39,580
The economy is, we are looking at an AI bubble that

4007
03:36:39,580 --> 03:36:40,418
could burst at any moment.

4008
03:36:40,418 --> 03:36:42,178
South Korea and Japan markets are

4009
03:36:42,178 --> 03:36:46,798
tanking because of pulling out of the AI game between China

4010
03:36:46,798 --> 03:36:48,538
and Taiwan, something happens there

4011
03:36:48,538 --> 03:36:50,858
and those microchips become hard to get,

4012
03:36:50,858 --> 03:36:52,158
we are not making those here.

4013
03:36:52,158 --> 03:36:53,424
We don't have that.

4014
03:36:53,424 --> 03:36:55,908
We don't have the rare earth minerals for that stuff.

4015
03:36:55,908 --> 03:36:57,811
We need to invest in things that we

4016
03:36:57,811 --> 03:36:59,640
know are going to keep our families safe.

4017
03:36:59,640 --> 03:37:01,280
That is what we need to invest in.

4018
03:37:01,280 --> 03:37:03,586
We don't need to be worried about data centers

4019
03:37:03,586 --> 03:37:08,380
if we do have data centers here, I am not really worried

4020
03:37:08,380 --> 03:37:10,194
as much about some foreign country

4021
03:37:10,194 --> 03:37:13,403
as I am about corporations who have been pouring

4022
03:37:13,403 --> 03:37:17,812
industrial waste into the ocean, on our land,

4023
03:37:17,812 --> 03:37:20,698
and in our air for longer than I have been alive.

4024
03:37:20,698 --> 03:37:23,924
Blair Mountain in West Virginia was a time

4025
03:37:23,924 --> 03:37:28,290
where coal miners were getting black lung

4026
03:37:28,290 --> 03:37:30,258
and were paid food out of a company script

4027
03:37:30,258 --> 03:37:31,410
and forced into slavery.

4028
03:37:31,410 --> 03:37:34,498
When they tried to revolt, the government,

4029
03:37:34,498 --> 03:37:36,930
along with private businesses, bombed them.

4030
03:37:36,930 --> 03:37:38,180
That is what happened.

4031
03:37:38,180 --> 03:37:40,794
That is what I am worried about with data centers.

4032
03:37:40,794 --> 03:37:44,994
I'm not worried about some economic sense

4033
03:37:48,178 --> 03:37:51,717
of what some other country is going to do.

4034
03:37:51,717 --> 03:37:54,795
I talked with my 401 K people today.

4035
03:37:54,795 --> 03:37:57,658
I was like, how can I reduce this to 0%

4036
03:37:57,658 --> 03:38:00,418
because I am so worried about climate catastrophe

4037
03:38:00,418 --> 03:38:03,218
and the economy, the way it is looking

4038
03:38:03,218 --> 03:38:05,471
and all of these wars happening all over the place.

4039
03:38:05,471 --> 03:38:08,580
I don't think that I'm going to make it to retirement age.

4040
03:38:08,580 --> 03:38:09,669
I don't have kids because of this.

4041
03:38:09,669 --> 03:38:12,180
I would love to have a family.

4042
03:38:12,180 --> 03:38:16,640
Data centers is not going to be the way to get to that.

4043
03:38:16,640 --> 03:38:20,122
I want to see a prosperous country with people who

4044
03:38:20,122 --> 03:38:21,864
will live long healthy lives.

4045
03:38:21,864 --> 03:38:23,834
It is not going to happen through that.

4046
03:38:23,834 --> 03:38:24,818
Be brave.

4047
03:38:24,818 --> 03:38:27,442
Continue doing what you are doing come up please.

4048
03:38:27,442 --> 03:38:28,820
Be brave.

4049
03:38:28,820 --> 03:38:30,180
You cannot be brave unless you are scared.

4050
03:38:30,180 --> 03:38:30,789
That is okay.

4051
03:38:30,789 --> 03:38:32,858
That is all that I have got.

4052
03:38:32,858 --> 03:38:34,858
Thank you.

4053
03:38:41,680 --> 03:38:43,130
>> Elizabeth Taylor, back Creek.

4054
03:38:43,130 --> 03:38:44,423
I work in the UN --

4055
03:38:44,423 --> 03:38:45,180
AI industry.

4056
03:38:45,180 --> 03:38:46,698
I've been onboarding AI technology

4057
03:38:46,698 --> 03:38:49,148
for a multi-billion dollar company since the inception.

4058
03:38:49,148 --> 03:38:50,544
I understand how many servers are

4059
03:38:50,544 --> 03:38:52,169
required to be able to functionally use

4060
03:38:52,169 --> 03:38:53,544
AI in our economy.

4061
03:38:53,544 --> 03:38:55,218
It is not being used for that.

4062
03:38:55,218 --> 03:38:57,940
It is not being used for our economy.

4063
03:38:57,940 --> 03:38:59,378
It is not being used for our people.

4064
03:38:59,378 --> 03:39:02,920
There are enough servers, space and data centers

4065
03:39:02,920 --> 03:39:04,500
throughout our nation to be able to accommodate

4066
03:39:04,500 --> 03:39:07,378
our needs as American citizens, in addition to

4067
03:39:07,378 --> 03:39:09,346
the militarization packaging and planning.

4068
03:39:09,346 --> 03:39:12,711
What I am saying is the data centers are used

4069
03:39:12,711 --> 03:39:15,351
to oppress us, not protect us.

4070
03:39:15,351 --> 03:39:17,378
It is like what Jack said.

4071
03:39:17,378 --> 03:39:19,604
All of this data, this is what they're

4072
03:39:19,604 --> 03:39:21,440
going to use to control us.

4073
03:39:21,440 --> 03:39:23,311
They are building these throughout the entire nation

4074
03:39:23,311 --> 03:39:27,163
in order to be able to keep us down, not to keep us safe.

4075
03:39:27,163 --> 03:39:29,662
You have to see the bigger picture here.

4076
03:39:29,662 --> 03:39:32,298
Our economy functions on AI, yes.

4077
03:39:32,298 --> 03:39:35,478
We have as many data centers as we need.

4078
03:39:35,478 --> 03:39:37,188
China only has 400 data centers.

4079
03:39:37,188 --> 03:39:39,678
They are dropping them at the ocean and spending

4080
03:39:39,678 --> 03:39:43,491
trillions of dollars on war but in building the infrastructure.

4081
03:39:43,491 --> 03:39:45,268
The bridges with communities.

4082
03:39:45,268 --> 03:39:46,546
Everyone has houses.

4083
03:39:46,546 --> 03:39:51,180
I am saying they juxtaposition is, yes, I agree,

4084
03:39:51,180 --> 03:39:52,458
we need technology.

4085
03:39:52,458 --> 03:39:53,831
I onboard it.

4086
03:39:53,831 --> 03:39:55,838
I help build these systems.

4087
03:39:55,838 --> 03:39:57,498
That's why I know so much about them.

4088
03:39:57,498 --> 03:39:59,758
What I am saying is they are building the data centers

4089
03:39:59,758 --> 03:40:02,878
in order to use flock cameras, using surveillance

4090
03:40:02,878 --> 03:40:05,338
and the cameras with corporations

4091
03:40:05,338 --> 03:40:08,282
to continue to oppress us and restrict us to continue

4092
03:40:08,282 --> 03:40:09,722
to restrict our money.

4093
03:40:09,722 --> 03:40:13,562
Drop off the dollar like dropping the 401 K on Bitcoin.

4094
03:40:13,562 --> 03:40:15,278
These are all real things happening.

4095
03:40:15,278 --> 03:40:18,338
I know that it feels abstract and terminator,

4096
03:40:18,338 --> 03:40:21,970
but the illusion will fall eventually within months.

4097
03:40:21,970 --> 03:40:23,506
These AI centers.

4098
03:40:23,506 --> 03:40:26,579
All of these companies are about to go public at the same time.

4099
03:40:26,579 --> 03:40:27,954
They're going to dump the dollar.

4100
03:40:27,954 --> 03:40:29,871
That is going to happen in the next 12 months.

4101
03:40:29,871 --> 03:40:32,496
Even though we are ahead of the game with what they are telling

4102
03:40:32,496 --> 03:40:35,114
you this is coming and it makes it so much more important

4103
03:40:35,114 --> 03:40:38,238
for us to band together in Frederick County

4104
03:40:38,238 --> 03:40:39,352
and keep our sovereignty.

4105
03:40:39,352 --> 03:40:40,772
To keep our community solid.

4106
03:40:40,772 --> 03:40:43,231
We cannot fix the whole problem of all of the world's.

4107
03:40:43,231 --> 03:40:46,180
We cannot fix national agendas or fight against foreign nations

4108
03:40:46,180 --> 03:40:48,384
by ourselves we can't protect each other.

4109
03:40:48,384 --> 03:40:50,160
That is what we need to do.

4110
03:40:50,160 --> 03:40:57,960
I will fight for you and thank you for fighting for us tonight.

4111
03:41:01,361 --> 03:41:07,961
>> Teresa come on you want to speak now is the time.

4112
03:41:11,435 --> 03:41:14,378
>> Six G is so real and nothing you can imagine.

4113
03:41:14,378 --> 03:41:17,518
It is a digital plan of the earth come

4114
03:41:17,518 --> 03:41:20,150
a city come a people come up birds come a

4115
03:41:20,150 --> 03:41:23,170
and they want it to watch us.

4116
03:41:23,170 --> 03:41:24,178
Everything.

4117
03:41:24,178 --> 03:41:27,178
Every movement every object moving.

4118
03:41:28,330 --> 03:41:30,330
A digital twin.

4119
03:41:30,706 --> 03:41:32,298
Flock cameras.

4120
03:41:32,298 --> 03:41:33,980
Real.

4121
03:41:33,980 --> 03:41:34,218
Happening.

4122
03:41:34,218 --> 03:41:34,911
Thousands.

4123
03:41:34,911 --> 03:41:35,604
Happening.

4124
03:41:35,604 --> 03:41:36,818
Drones.

4125
03:41:36,818 --> 03:41:39,180
Activated by the flock.

4126
03:41:39,180 --> 03:41:41,226
Freedom lost every day.

4127
03:41:41,226 --> 03:41:42,598
What do we need?

4128
03:41:42,598 --> 03:41:45,746
We need food, water, and jobs.

4129
03:41:45,746 --> 03:41:49,346
93 million white collar jobs gone by 2030.

4130
03:41:49,834 --> 03:41:54,340
Elon Musk says within five years there

4131
03:41:55,980 --> 03:41:58,758
will be no emails and no apps, and no phones.

4132
03:41:58,758 --> 03:42:02,538
He had a hard time describing what there will be.

4133
03:42:02,538 --> 03:42:07,306
The elite that are creating this talk openly

4134
03:42:07,306 --> 03:42:10,631
about where they will get the money to create it.

4135
03:42:10,631 --> 03:42:16,310
Shaking the 401 K openly in their little Ted talks.

4136
03:42:18,418 --> 03:42:23,160
Don't be disillusioned by federal government scaring you.

4137
03:42:23,160 --> 03:42:25,675
Yes, we are at war.

4138
03:42:25,675 --> 03:42:28,604
We don't need 4000 more data centers which

4139
03:42:28,604 --> 03:42:30,560
are due to be built already.

4140
03:42:30,560 --> 03:42:34,529
Do we need to build them here quacks like she said?

4141
03:42:34,529 --> 03:42:36,766
Can we just keep our own bubble here?

4142
03:42:36,766 --> 03:42:39,211
Can we try to keep it a little longer?

4143
03:42:39,211 --> 03:42:43,583
I don't know much -- how much time we have.

4144
03:42:43,583 --> 03:42:46,360
Not to be like --

4145
03:42:46,360 --> 03:42:48,109
I am serious.

4146
03:42:48,109 --> 03:42:51,600
I think we've been down here in a different world

4147
03:42:51,600 --> 03:42:52,775
and you've been over there doing this.

4148
03:42:52,775 --> 03:42:54,458
Maybe we have seen some things that you

4149
03:42:54,458 --> 03:42:56,826
don't see here some people work for the government

4150
03:42:56,826 --> 03:42:57,818
and know some things.

4151
03:42:57,818 --> 03:43:00,684
I am just saying come on we need to be focused on food come

4152
03:43:00,684 --> 03:43:05,580
on water come on jobs come on safety, security can we do that?

4153
03:43:05,580 --> 03:43:07,378
Can we be a little bit more sane?

4154
03:43:07,378 --> 03:43:10,578
Can you look into six G. There is not a lot of information

4155
03:43:10,578 --> 03:43:11,404
out there.

4156
03:43:11,404 --> 03:43:13,804
I know some people.

4157
03:43:14,218 --> 03:43:15,618
That is all that I'm saying.

4158
03:43:15,618 --> 03:43:16,898
Take it very seriously.

4159
03:43:16,898 --> 03:43:19,203
We are not conspiracy theorists.

4160
03:43:19,203 --> 03:43:21,203
This is real.

4161
03:43:21,898 --> 03:43:23,898
>> Thank you.

4162
03:43:31,498 --> 03:43:33,781
I don't see anyone else.

4163
03:43:33,781 --> 03:43:37,562
I'm going to close the public meeting.

4164
03:43:37,562 --> 03:43:40,468
Anyone else to my left or right?

4165
03:43:40,468 --> 03:43:44,168
Go I am glad to entertain a motion.

4166
03:43:44,168 --> 03:43:46,751
>> Mr. Chair I move to recommend that the Board of Supervisors

4167
03:43:46,751 --> 03:43:50,808
approve the ordinance modification to remove the TM,

4168
03:43:50,808 --> 03:43:55,800
technology manufacturing part zoning district and other

4169
03:43:55,280 --> 03:43:58,210
references to the TM Zoning District from the ordinance.

4170
03:43:58,210 --> 03:44:02,538
This is item nine D on our agenda.

4171
03:44:02,538 --> 03:44:04,538
>> Second.

4172
03:44:08,603 --> 03:44:10,978
Chairman Stowe: Any discussion the motion is to remove it

4173
03:44:10,978 --> 03:44:12,580
from the ordinance.

4174
03:44:12,580 --> 03:44:18,658
Mr. Whitaker would you vote a yes vote for the removal.

4175
03:44:27,853 --> 03:44:29,853
[Members Voting]

4176
03:44:40,592 --> 03:44:40,608
Chairman Stowe: The motion carries.

4177
03:44:40,608 --> 03:44:43,200
This goes to the Board of Supervisors September 23rd.

4178
03:44:43,200 --> 03:44:46,398
You are all our endurance kings and Queens.

4179
03:44:46,398 --> 03:44:47,438
We have made it.

4180
03:44:47,438 --> 03:44:49,438
Mr. Bishop.

4181
03:44:49,444 --> 03:44:51,444
>> Yes come sir.

4182
03:44:59,270 --> 03:44:59,652
Chairman Stowe:

4183
03:44:59,652 --> 03:44:59,777
Chairman Stowe: I have an omission

4184
03:44:59,777 --> 03:45:00,944
for the Planning Commission.

4185
03:45:00,944 --> 03:45:03,109
I asked Mr. Bishop to add a agenda every time

4186
03:45:03,109 --> 03:45:06,380
we meet for the Planning Commission type of node

4187
03:45:06,380 --> 03:45:08,922
because I am one who likes to continue to learn.

4188
03:45:08,922 --> 03:45:14,322
We are going to hold out until next meeting.

4189
03:45:14,898 --> 03:45:17,338
>> That wasn't on your agenda tonight for an actual item

4190
03:45:17,338 --> 03:45:17,838
either.

4191
03:45:17,838 --> 03:45:20,798
You will be hearing from us about it

4192
03:45:20,798 --> 03:45:23,446
as we work to form a list of items

4193
03:45:23,446 --> 03:45:28,498
which we will plan to bring over a number of meetings.

4194
03:45:28,498 --> 03:45:31,851
Chairman Stowe: With that I'm glad to entertain

4195
03:45:31,851 --> 03:45:34,180
a motion for adjournment.

4196
03:45:34,180 --> 03:45:36,180
>> Motion.

4197
03:45:38,218 --> 03:45:40,460
Chairman Stowe: The motion is here.

4198
03:45:40,460 --> 03:45:41,970
Everybody have a safe trip home.

4199
03:45:41,970 --> 03:45:44,970
Thank you for coming out.