[4:56] [Captioner present]
[6:35] >> You are beautiful in all of your ways.
[6:37] In the name of Jesus Christ Amen.
[6:43] >> Please join us for the Pledge of Allegiance.
[6:50] >> "I pledge allegiance to the Flag of the United States
[6:52] of America, and to the Republic for which it stands,
[6:52] one Nation under God, indivisible,
[6:54] with liberty and justice for all,
[7:02] .
[7:06] >> Thank you.
[7:06] Adoption of the agenda planning Commission the motion
[7:09] to adopt the agenda.
[7:10] All those in favor.
[7:13] Any opposed and we have an agenda item five
[7:17] is the employment of John Bishop a secretary of Planning.
[7:19] First I would like to congratulate
[7:21] Mr. Bishop on his appointment as Director
[7:23] of Planning and Development for Frederick County
[7:25] congratulations sir.
[7:28] Now we need to make him responsible for taking
[7:33] all of our notes.
[7:34] I will be glad to accept a motion
[7:37] to appoint Mr. Bishop as Secretary
[7:38] of Planning Commission.
[7:44] >> A second.
[7:44] >> A motion and a second all those in favor signify by saying
[7:53] aye
[7:55] >> I'd also like to completed our Certified Planners course.
[7:58] If you are the Planning Commission
[7:59] you are expected to go to Richmond
[8:01] and participate in a course that Virginia Commonwealth
[8:03] University puts on.
[8:04] There are two days at the beginning of the course
[8:07] and two days at the end.
[8:08] It goes on for four months.
[8:10] It is where we learn about the laws in Virginia and land.
[8:14] Basic land planning a lot of the things
[8:16] that you hear us talk about up here, some of the terms
[8:18] that we throw around.
[8:21] He recently finished the course.
[8:25] Is there anything that you'd like to say about the course.
[8:28] Turn your microphone on.
[8:32] >> When I was appointed to this commission it wasn't exactly
[8:38] what my background was.
[8:40] A lot of the language and the details were somewhat beyond me.
[8:45] I didn't know what I didn't know.
[8:47] The two day workshop and three day work at home
[8:49] really gave me the awareness that I
[8:51] think that I needed to at least know
[8:52] what questions I need to ask.
[8:54] I think that is very important when you are serving
[8:56] on a panel of this nature.
[8:58] The other plus of it as well and I might say,
[9:01] is the interaction between other commissioners.
[9:04] There was a Board of supervisors, city council
[9:07] people.
[9:07] And executives down there as well.
[9:10] That intermingling and understanding
[9:11] of what is happening in the state
[9:13] and what they are being challenged by
[9:14] was also very helpful.
[9:16] The only thing were the two tests we have to deal with.
[9:22] The Planning Commission Guide zoning 101 and of course
[9:24] the Comprehensive Plan.
[9:25] It was also very interesting that all of the commissioners
[9:29] down there were involved in either developing or revising
[9:33] the plan.
[9:34] That was interesting as well.
[9:35] I would say it was very beneficial for me.
[9:46] Chairman Stowe:
[9:47] that leads us to item six.
[9:48] We have meetings dash I would be glad to move
[9:57] the adoption as presented.
[9:59] All in favor say aye
[10:13] >> The DRC development review and Regulations Committee met
[10:15] on August 27th.
[10:17] And it reviewed several proposed ordinance updates, two of which
[10:22] are on the agenda tonight and a few are in the future.
[10:26] The first one was phase one ordinance amendments
[10:29] reviewed policy related updates to the zoning and subdivision
[10:34] ordinances recommended through the Park League group
[10:37] to provide modernization efforts there was an effort
[10:41] to update legislative updates for the proposed amendments
[10:46] to county ordinances with recent changes to the Code of Virginia.
[10:52] We discussed a proposal to remove data centers
[10:54] as a permitted use in all zoning ordinances
[10:58] and as a conditional use permit.
[11:00] We reviewed a proposal to eliminate and remove the TM,
[11:05] technology manufacturing zoning ordinance
[11:07] and then the final item was battery energy storage systems.
[11:12] We discussed what that looks like and discussed
[11:14] whether we would allow battery storage facilities in Frederick
[11:18] County.
[11:19] Thank you.
[11:20] Thank you.
[11:27] Chairman Stowe
[11:28] >> There was one rezoning that we took a look at that was
[11:31] the Gibson Properties rezoning down on route 27.
[11:36] Route 277 Fairfax Pike and 522.
[11:40] There were a couple of properties involved in that
[11:42] and the applicant was talking about removing
[11:43] one of the three parcels that they had talked about.
[11:46] I think there are going to be changes
[11:48] to that as it comes along.
[11:50] From rural to M1, we did talk about that.
[11:54] I don't think there was anything significant
[11:56] with historic resources related with that property we also
[12:00] looked at a number of comprehensive plan amendments.
[12:03] One of those was for some land around the airport
[12:06] and two properties over next to where the Walmart is on 522.
[12:12] I am sorry on 50 come up back behind there.
[12:17] Those were all kind of related to the Shenandoah
[12:20] Valley Battlefields Foundation and the uses of the properties.
[12:24] Finally, there was a comprehensive plan amendment
[12:29] request by, Lyman Stone for the property
[12:32] up by the existing Quarry.
[12:34] There were no historic resources that were found up there either.
[12:42] >> Any community reports to the right to my left,
[12:45] committee reports?
[12:46] Go okay.
[12:50] Council Member McKay:
[12:51] the councilman authority met on the 24th also.
[12:56] They talked about one of the things
[12:58] that was budgeting and coming up with funding
[13:00] to pay for the operations and education
[13:06] and that is dealing with the Finance Committee.
[13:11] They are looking for that to get resolved.
[13:13] They talked about the transmission corridor
[13:16] and had a discussion about the taking of land
[13:23] and what to Do about it.
[13:27] They began drafting an opposition resolution
[13:33] to the taking of land relative to these transmission corridors.
[13:38] They also had discussed the access to the website.
[13:43] The website is being improved and it
[13:47] will include a portal to enhance the access
[13:51] to it and the content.
[13:54] Finally, the committee was given a briefing on the Comprehensive
[14:00] plan and related Preservation for the Comprehensive Plan
[14:08] drafting efforts, and how to get involved in it.
[14:11] That is it.
[14:13] >> Thank you sir.
[14:19] Council Member Bottorf: I've got about five highlights.
[14:22] Rainfall continues to be problematic.
[14:23] We have many areas of seeing the localized storms.
[14:27] Frederick water remains a good position
[14:31] however with the continued lack of rain.
[14:33] On August 18th Frederick had a meeting with Wiley Wilson
[14:36] and Burns McDonnell to give us a presentation on phase two.
[14:39] Fortunate the initiative will allow Frederick Water
[14:42] to use the East Pit that is capable of holding
[14:46] 1.7 billion gallons of water.
[14:48] The next meeting, next week, we will have a meeting
[14:53] to hear the final maximum guaranteed price
[14:56] and be asked to authorize the project.
[14:58] Contractors are working with the county obtaining
[15:01] necessary permits for the phase one, which
[15:03] involves the construction of the intake line,
[15:07] and pipeline from the peck and creek over to the east pit
[15:12] Frederick Water this summer has finished three bulk filling
[15:15] stations with anyone needing potable water.
[15:18] These are located at Deal and Anderson at Sunnyside Plaza.
[15:22] There is a credit card reader and you
[15:24] can purchase as low as 100 gallons in increments
[15:27] of 100 gallons a day time.
[15:29] There are two connections of a water hose and a 2.5in water
[15:34] connection.
[15:35] Board authorized sending a comment letter
[15:37] opposing two locations of the Valley Link power lines.
[15:41] The northern route crosses directly
[15:43] over Frederick Water property where we will have a treatment
[15:45] plant in the future, and the southern route
[15:48] passes right next to the limited storage tank on 277.
[15:56] Chairman Stowe:
[15:57] thank you sir any to my right?
[15:59] Co
[16:07] Chairman Stowe:
[16:08] we talked about the smart scale of funds.
[16:10] That the county put forward in smart scale.
[16:12] These are exit 307 bridge replacement and interchange
[16:16] upgrades.
[16:16] Route 50 safety improvements, the Siler Road intersection.
[16:20] Route 50 West at Stony Hill Road.
[16:23] Route 522 improvements at route 37.
[16:26] Apple Pie Ridge Road.
[16:28] Route seven gateway area upgrades.
[16:30] Route seven and Greenwood Road intersection upgrades Brook
[16:34] if you want to know more about those
[16:36] projects you can find it on the county website
[16:38] in the transportation section.
[16:40] The Board of Supervisors, it was recommended
[16:44] to the Board of Supervisors that the county proceed
[16:47] with the current stance, and that is providing a 20% funding
[16:52] commitment to the projects.
[16:54] There was also a discussion about through truck restrictions
[16:57] on Jones Road and Koegel Road.
[17:00] They will be doing a study of traffic counts
[17:02] to see what is going on as far as trucks
[17:05] and determine what may be needed.
[17:07] On August 24th, Transportation Committee met again,
[17:11] aside from things I had just mentioned,
[17:15] there was a concerned citizen who came forward,
[17:17] concerned about pedestrian movements and e-bikes on Fort
[17:21] Collier Road.
[17:22] And some of the way these things are operating out in traffic.
[17:26] The Sheriff's deputy said this is a problem not
[17:29] just on Fort Collier Road, but several places.
[17:31] That is going to be reviewed by the Sheriff's department
[17:38] and VDOT.
[17:42] the second thing I want to report is on July 23rd we had
[17:44] a joint meeting with the Board of Supervisors.
[17:46] The Planning Commission to review the comprehensive plan
[17:49] update..
[17:50] The joint working session.
[17:53] There were a variety of things.
[17:54] There is a video of the meeting that is available.
[17:57] One of the things I wanted to highlight,
[17:58] a poll was taken of the participants in the meeting.
[18:02] The poll had several questions that were provocative.
[18:06] One of them was do you support removing current alignment
[18:10] of route 37 eastern bypass.
[18:12] This is the one that has been on the map for 30
[18:14] plus years, or however long.
[18:16] Since Moby Dick was a minnow.
[18:18] That was unanimous.
[18:20] We need to get that off of there come up because it
[18:23] doesn't make sense anymore.
[18:25] We cannot afford it.
[18:26] Another one was, should the plan update specify new regional park
[18:31] amenity to include indoor elements, such as pool,
[18:35] or recreation center.
[18:38] Again, unanimous.
[18:39] We need to do that with one.
[18:43] The immediate thing that needs to be addressed in the plan
[18:49] is economic development and providing
[18:51] opportunities for the future.
[18:53] With that, I will turn it over to Winchester Planning
[18:56] Commission.
[18:57] We have the chairman with us this evening here good evening,
[19:00] sir.
[19:02] >> A quick update.
[19:03] Through Winchester Planning Commission
[19:05] will have a retreat as the first retreat ever later this month
[19:10] we are excited about planning that.
[19:12] Most of this month was batch text amendments.
[19:16] They are made necessary under state law.
[19:18] We have to update it.
[19:19] Some of the items are discretionary
[19:21] where we are handling some updates to neighborhood design
[19:24] districts.
[19:25] Lastly, we are examining ways of streamlining
[19:29] the process of applications for individuals.
[19:33] Right now, there are many processes
[19:36] related to the work session, planning commission, and all
[19:41] of these other items.
[19:42] We are really excited about streamlining the process,
[19:45] offering waivers, and trying to get people approvals if they do
[19:50] deserve them, if as quickly as possible and eliminate a lot .
[19:57] That is it.
[19:59] >> Thank you very much.
[20:00] We also have our dynamic duo from the Board of Supervisors
[20:03] with us this evening.
[20:13] Dr. Orndorf
[20:17] , good evening sir.
[20:19] >> I have a few items from the August 12th Board of Supervisors
[20:21] meeting for conservation Authority --
[20:25] Eastman authorities.
[20:26] There were three year appointments
[20:27] for three year terms for Philippines, Dianne Kearns
[20:31] and I were appointed liaison for another three years.
[20:35] Also actions by the board , the ordinance amendments subdivision
[20:43] and zoning ordinance updates phase one companion amendments
[20:48] were sent forth to public hearing the legislative update ,
[20:56] again ordinance amendment sent forth the public hearing
[21:00] and then the ordinance amendment on data center removal
[21:03] as an allowed use was sent forward to public hearing
[21:07] as well.
[21:09] With that, Mr. Chairman, that concludes my report.
[21:16] Chairman Stowe:
[21:17] thank you very much that moves us to item eight,
[21:19] citizen comments this is a time for individuals
[21:21] that are welcome to address the Planning
[21:23] Commission about any matter not on our agenda
[21:25] this evening as a public hearing.
[21:27] If you want to state to speak please state
[21:31] your name, your district and limit your comments
[21:33] to three minutes or less.
[21:35] Would anyone like to address the Planning Commission.
[21:37] >> We have two signed up beginning with Theresa Ostertag
[21:40] and followed by Nicholas Edward.
[21:43] >> Theresa?
[21:44] Co --
[21:53] >> She would like to be added to the ordinance amendment.
[21:56] >> She put her name on the wrong list.
[21:58] >> We will take care of that.
[22:00] >> The name after hers was Mr. Nicholas Edward.
[22:03] >> Mr. Edward?
[22:04] Co
[22:05] >> Good evening, Sarah.
[22:08] >> I'm Nicholas Edward of the Gainsborough District.
[22:10] I think we are going to hear a lot of information
[22:13] about data centers and their impact.
[22:15] I am not going to speak directly to that,
[22:18] but I do live on old Baltimore Road, which
[22:20] is one of the areas that is about less than half
[22:23] a mile from the proposed valley linked next era energy
[22:28] transmission lines that will be seriously affected.
[22:31] Living in that area I have special appreciation,
[22:35] over the last 17 years, since my family
[22:38] and I have purchased a historic house in the area,
[22:41] of the remarkable character that we have preserved
[22:44] in this county for the last roughly 300 years
[22:47] of settlement and farming.
[22:50] Roughly the last 400 years of settlement here in Virginia.
[22:55] The historic character, the beautiful rural character
[22:59] of our farms, our pastors, our historic spaces,
[23:03] our architecture and the general esthetics that we enjoy.
[23:06] I think that as we look at data centers as such
[23:11] an important industrial element that
[23:13] is coming into our communities all over the country,
[23:15] but especially here in Virginia and Northern Virginia, that this
[23:19] is an opportunity to look at what the future of the county
[23:22] should be.
[23:23] Should we have a static, beautiful areas?
[23:28] Should we have development that we know will happen.
[23:31] We have a we are a fast growing area
[23:33] should we have development that is
[23:34] sympathetic to our historic esthetic and rural character,
[23:37] that looks like Virginia for the next 200, 300, or 400 years
[23:43] that we will be here.
[23:44] I think that we should.
[23:45] I think we should have architectural standards,
[23:47] esthetic standards that speak to our history, our culture,
[23:51] and our identity as a specific people.
[23:54] We have lots of examples from across the Commonwealth
[23:57] come from places like Williamsburg, James city
[24:00] County, Henrico County, Chesterfield County, and even
[24:03] in Northern Virginia where development
[24:05] has been rampant for decades, of beautiful sympathetic
[24:09] architectural styles and the esthetic standards that
[24:11] have gone through.
[24:12] Even in industrial centers and industrial buildings.
[24:15] You only need to take a trip down route 29
[24:18] to see the difference between our beautiful rural route
[24:22] 50 that runs all the way through places like Upperville,
[24:25] Middleburg, and even out here to Winchester,
[24:27] and the difference on route 29 between 40 and 60
[24:30] foot tall concrete block structures
[24:32] that block out the sun.
[24:34] I don't know how tall they are, but I
[24:37] fear that I might find out.
[24:40] The hundreds and hundreds of megavolt transmission lines
[24:43] that may come through as well.
[24:45] Not just for data centers, but for all development
[24:48] that there is, we should make sure
[24:51] that what comes into the area is sympathetic to us.
[24:54] We deserve it as citizens, as people of Virginia,
[24:58] to live in a beautiful area, and area
[25:01] that we would be happy to have our children grow up in,
[25:04] our grandchildren and future descendants.
[25:06] We do not deserve to have ugly structures,
[25:09] ugly development and unacceptable --
[25:12] unsympathetic development that does not
[25:14] fit in with our transportation, industrial, or economic design
[25:18] spirit we should be building what works for us,
[25:20] and if that means more people need
[25:22] to get involved, more people need to help out,
[25:25] or assist the board in any way that they need,
[25:27] I know that I would be happy to work with any of you.
[25:30] I think that we all need to work together and cut
[25:33] through any rancor there may be in order
[25:35] to have a more prosperous future for Frederick County.
[25:41] Thank you.
[25:44] [Applause]
[25:51] >> I am Penny Smith from Opequon district and I have 2 or 3
[25:56] sentences.
[25:56] I live in Lake Frederick and I am aware of the Gibson
[26:01] application.
[26:02] My distress is not that the land would be developed,
[26:06] but to go from rural to industrial is a drastic change.
[26:13] If it was developed for business I could understand that.
[26:17] Across from 277 would be the Madison
[26:21] and I have been informed that Valley Health will also
[26:24] put some sort of health aspect in their.
[26:27] It is a -- unnatural to float into business.
[26:31] There are two horse farms that would be
[26:33] within range, within two miles.
[26:40] Two horse farms.
[26:42] There are cows all along before Lake Frederick,
[26:45] after, up past the solar farm and that is Clark County rural.
[26:52] There are probably 6000 or more people,
[26:56] 3000 plus Lake Frederick , Madison I don't know, 2000.
[27:03] There is the trailer park, a community,
[27:05] so I am extremely concerned.
[27:08] People band together class action,
[27:12] or whatever you would call it, group,
[27:14] legal counsel when it is high density.
[27:17] We would have at least 6000 people there.
[27:22] We were informed by John Joel on May 18th at Lake Frederick that
[27:28] there would be for a data center.
[27:32] The application has come in , warehouse with storefront,
[27:40] many warehouse applications have evolved to a data center.
[27:44] I am concerned about pollution, noise, farming, rural density
[27:50] in.
[27:51] Thank you
[27:56] >> At our next meeting we will have a work session on that
[27:59] particular rezoning request.
[28:00] You are welcome to join us then.
[28:02] I believe it is the 16th, if I am not mistaken.
[28:05] >> Thank you very much for telling me that.
[28:07] I will be there.
[28:09] Thank you.
[28:12] [Applause]
[28:18] >> Anyone else wish to speak
[28:19] >> My name is Leslie Spencer and I live in Gainsboro.
[28:21] Good evening.
[28:22] After the joint work session and hearing the comprehensive plans
[28:25] and survey results, I keep thinking about the bigger
[28:29] picture of where we are headed.
[28:31] Sometimes we look at other counties
[28:34] and what they have done, and assume
[28:37] that is where we are headed to.
[28:39] Maybe that isn't.
[28:42] Frederick County is still unusual.
[28:43] We still have farmland, forest, water, historic landscapes
[28:46] and this incredible fertile valley all around us.
[28:49] We also have major amenities come up markets, and highways,
[28:52] but we haven't lost our charm.
[28:54] It feels as though we are trying to grow even more of it
[28:57] through revitalization by small businesses.
[28:59] That is so special.
[29:01] That is why I keep calling us a unicorn.
[29:04] I think the comprehensive plan survey
[29:06] results are telling us that people here recognize that to.
[29:12] They are asking us to think bigger, think harder.
[29:15] Take housing.
[29:16] I don't think we should build and build until prices fall.
[29:19] Especially while people are moving here from expensive,
[29:22] heavily developed data center counties.
[29:24] We could chase that demand across our county
[29:27] and still not solve affordability.
[29:29] The housing infrastructure, industrial revenue suck --
[29:34] structure has to go.
[29:36] We need a local housing plan for the people and the workforce
[29:39] that we want to keep here which should include our community.
[29:43] Which should include community land trust,
[29:46] our own community land trust our county
[29:48] doesn't have to provide every kind of industrial growth
[29:51] in American needs.
[29:53] We will always need food and our soil is rich for that here at.
[29:56] Our next chapter could be smaller businesses,
[30:00] b1 and B2 uses.
[30:02] Offices, rural tourism stores and food markets.
[30:05] Event venues.
[30:06] Fun places alongside healthy high wage campuses and tourism.
[30:12] As more of the world becomes industrialized and developed
[30:16] come out what we manage to keep becomes more valuable, not less.
[30:20] Before expanding the UDA , let's see what is possible with
[30:27] the land we have already designated.
[30:28] Even outside, rural things.
[30:32] Once those green spaces on the east side are gone,
[30:35] we cannot build them back here they are luxury spaces.
[30:40] This valley has value.
[30:44] 300 years ago, food, water, soil and living systems
[30:48] could be just as valuable a thousand years from now
[30:52] we may not find another county that has done exactly what we
[30:54] are trying to do.
[30:55] We may have to invent it.
[30:57] We should, and deserve to be particular about the final
[31:02] development plans at the East side
[31:03] and ask what really helps everyone thrive.
[31:05] I really want to help think about this 20
[31:08] year comprehensive plan in a healthy, creative, award winning
[31:13] and even luxurious way.
[31:14] Frederick County is worth it.
[31:16] I hope you will join me.
[31:18] Thank you.
[31:22] [Applause]
[31:26] Chairman Stowe:
[31:27] anyone else come up here.
[31:41] >> Basically
[31:42] >> Can you give us your name and magisterial district
[31:45] >> My name is Arthur Christon and I'm actually from Winchester
[31:49] which is right over there.
[31:51] One of the things I am kind of dismayed about
[31:56] is the courthouse is no longer Ada compliant because it closed
[32:01] off one of the doors so that you have
[32:04] to actually come in my case come out
[32:06] walk clear around the building.
[32:08] That should have never been done.
[32:11] I don't know who thought of that.
[32:13] Secondly, these are now allowed in the courthouse.
[32:20] This is technically now a medical device.
[32:22] Monitors my heart rate and other fun stuff.
[32:26] It cannot leave me.
[32:28] I had that argument with one of the security guards
[32:31] at the courthouse.
[32:32] They allowed me to keep my phone with me.
[32:35] Mostly because I turned it off so
[32:38] the alarms would only come to me and nobody would hear.
[32:44] Those are the two major things that I have.
[32:47] Finally I would like to see some public transportation
[32:53] from this area to Laurel Ridge.
[33:00] Although, we do have sort of a thing
[33:02] through Winchester, which unfortunately I have never
[33:06] been able to actually ride.
[33:08] And I live there.
[33:09] That is all that I have.
[33:15] Chairman Stowe: Anybody else Quickscope
[33:18] seeing none I am going to close the public comments.
[33:23] I have already closed it, sir.
[33:25] I am sorry.
[33:26] This leads us to public hearings.
[33:30] Public hearing leads us to nine a conditional use permit zero
[33:39] 02-26 Mrs. Feltner
[33:49] >> Thank you Mr. and of the Planning Commission.
[33:58] I am sorry.
[34:00] This is a conditional use permit for a general store
[34:05] without fuel sales.
[34:06] The property is located at 5387 Wardensville grade in the back
[34:12] Crete -- back Creek magisterial district.
[34:16] The party located on that provides the location in Red.
[34:19] It is located in the southwest area of the county
[34:23] adjacent to Near Star Tannery.
[34:25] The property is located at the intersection of Wardensville
[34:28] grade come back Mountain Road and Mountain Falls Road.
[34:32] The structure closest to Mountain Falls Road
[34:36] and Wardensville grade intersection
[34:38] is the proposed general store.
[34:40] These are the applicant's proposal and not conditions
[34:44] the applicant proposes to operate a general store
[34:47] without fuel sale inside an existing 1860 square foot
[34:52] structure.
[34:54] Hours of operation are from 6 a.m.
[34:56] Until 9 p.m.
[34:57] Daily.
[34:57] Three full time employees with an average
[34:59] of 65 customers daily, 500 weekly.
[35:03] This is the sketch plan provided by the applicant showing
[35:07] the new entrance on Mountain Falls Park and the parking area
[35:10] improvements.
[35:15] A general country store without fuel sales
[35:18] is permitted in the RA with an approved conditional use permit
[35:22] the zoning ordinance provides for additional regulations.
[35:24] Requires the use showed dash --
[35:28] shall adhere to the B-2 general business dimensional standards
[35:31] for a retail floor area cannot exceed 3500ft².
[35:35] It cannot include accessory fuel sales.
[35:39] A site plan is required to be submitted and approved
[35:41] by Frederick County prior to the establishment of the use.
[35:45] Any expansion of the use shall require a new conditional use
[35:48] permit.
[35:49] Should the Planning Commission find this use to be appropriate,
[35:52] staff would recommend the following conditions.
[35:54] All review agency comments and requirements
[35:57] should be complied with at all times.
[35:58] A site plan should be submitted to
[36:00] and approved by Frederick County,
[36:02] and all improvements completed prior to the establishment
[36:05] of the use.
[36:06] All parking shall have a gravel or hard surface.
[36:09] Hours of operation are from 6 a.m.
[36:12] Until 9 p.m.
[36:13] Daily.
[36:14] Any expansion or change of use shall
[36:16] require a new conditional use permit this item is
[36:19] presented as a public hearing.
[36:20] Staff is seeking a recommendation
[36:22] from the Planning Commission to forward
[36:24] to the Board of Supervisors.
[36:29] Chairman Stowe: Thank you any questions for Mrs. Feltner .
[36:35] Is the applicant here to speak?
[36:37] Co --?
[36:44] >> The applicant is here
[36:46] >> Could you explain a little bit into the general store
[36:50] and what is allowed and what isn't.
[36:51] I just am cautious of this turning into a vape shop
[36:54] or a liquor store.
[36:56] What are the parameters to prevent that from happening?
[37:02] >> The ordinance does define general store and it focuses
[37:05] on retail.
[37:05] It doesn't distinguish between the products for sale.
[37:08] I can let the applicant speak to that, if that would be okay.
[37:15] >> Yes.
[37:24] >> My name is Daniel Kelly.
[37:25] I am, I guess it would be Cross Junction.
[37:28] We have no intention of that.
[37:30] It is like bread, milk, beer, cigarettes.
[37:34] No vape shop or any of that.
[37:37] It is an old time general store.
[37:39] That is our intentions.
[37:42] >> All right.
[37:42] That is all.
[37:43] Thank you.
[37:48] Chairman Stowe: This is a public hearing for anyone
[37:50] who would like to address this request is welcome to do so.
[37:54] You can come to the podium and address your name
[37:56] and magisterial district and keep your comments
[37:59] to three minutes or less.
[38:00] Would anyone like to speak?
[38:01] I am sorry.
[38:03] This is a CEP and not a rezoning.
[38:06] Thank you.
[38:07] Seeing no one I will close the public hearing.
[38:10] This is Back Creek.
[38:15] >> I would like to make a motion to approve permit 0246.
[38:19] Is there a second?
[38:24] >> We have a motion and a second.
[38:26] Any discussion?
[38:27] Okay.
[38:28] Let's take a vote.
[38:35] [Members Voting]
[38:44] Chairman Stowe: The motion carries.
[38:45] This will go to the Board of Supervisors on September 23rd.
[38:50] Thank you sir.
[38:52] This is the latest item nine B. Conditional use permit 03-26
[39:01] for Winchester Gateway, LLC.
[39:05] Good evening, sir.
[39:07] >> Good evening Mr. Chairman and members of the Planning
[39:10] Commission this is conditional use permit 0326 for Winchester
[39:13] Gateway LLC.
[39:14] You will recall that you held a work session on this item
[39:18] on June 9th and this is the applicant returning to seek
[39:22] a recommendation from you.
[39:24] We are at the maximum extent of the clock,
[39:27] so this evening you are being requested to provide an action.
[39:31] This is a request for conditional use permit
[39:33] on 71.85 acres of property that is presently
[39:37] zoned M-1 Light Industrial the applicant is seeking
[39:40] to establish a data center campus on this property that
[39:42] is located at the intersection of Apple Valley Road and Middle
[39:46] Road in the Back Creek Magisterial District.
[39:49] Many of you sitting here this evening would recall rezoning
[39:52] 0623 for Winchester Gateway, which was approved in 2024.
[39:57] That rezoning sought to rezone the property
[40:01] from R A and M1 to M1 for the establishment
[40:05] of industrial uses.
[40:06] And at the time of the rezoning the data center was compliant --
[40:11] contemplating as a rezoning use.
[40:14] Many of the proffers that were approved for the rezoning
[40:17] contemplated including noise and sound attenuation.
[40:21] For the purpose of the presentation
[40:23] I will be doing a high level overview.
[40:25] I think you are all well versed on the project at this point.
[40:28] I will be focusing mainly on the changes that
[40:30] were made since the work session,
[40:31] and also the conditions of approval.
[40:33] This is your county wide locator map showing the subject property
[40:37] highlighted in red.
[40:38] It is between the City of Winchester and Route 37.
[40:42] This is your zoning and location map
[40:44] showing the 71 acre industrial zone property, which
[40:48] is bound by Apple Valley Road, middle road, and route 37
[40:52] to the west.
[40:53] It adjoins areas of significant industrial development including
[40:56] those areas around the Shady Elm Road
[40:58] here could also joins existing suburban style
[41:01] residential rural residential, church, and kernstown
[41:05] battlefield, which is a significant historic resources
[41:09] for Winchester and Frederick County.
[41:11] This is your adopted long range land use
[41:14] plan that is contained in your comprehensive plan.
[41:16] Again that subject property is outlined in purple.
[41:19] Is designated blue.
[41:20] That reflects the existing zoning of the property,
[41:23] but it has been planned to be an industrial site for longer
[41:27] than it has been zoned for industrial.
[41:29] Since your June 9th worth session the applicant has made
[41:32] changes to the application to address stated concerns from
[41:35] the Planning Commission.
[41:37] In your packet this evening you were
[41:39] provided supplemental elevations, conceptual building
[41:42] renderings and a modified use of analysis
[41:44] looking at the buildings from various viewpoints
[41:47] around the county.
[41:48] You have been provided an amended sketch plan and site
[41:50] layout.
[41:51] They are proposing again three buildings totaling 800,000ft²
[41:55] within the revised sketch plan they have increased the height
[41:58] of the berm along Apple Valley Road from 10ft to 14ft and they
[42:03] have also added a pollinator preservation area on the site.
[42:08] With the environmental noise study you have provided --
[42:13] you were provided a height addendum which sought
[42:16] to evaluate two various heights and areas and how the impact
[42:19] to noise would be on the surrounding properties.
[42:21] Whether that be at 45ft as currently conditioned by staff,
[42:26] or 60ft as proposed by the applicant.
[42:28] Staff would note that both the applicant sound study --
[42:31] sorry the applicant sound engineer and the county noise
[42:35] both believe the impact and decrease of the height
[42:39] of the building are fairly minimal and not impactful given
[42:42] the adjoining existing noise on the site primarily driven
[42:45] by route 37.
[42:46] You have been provided an amended economic impact
[42:49] analysis.
[42:50] A summary of the significant community
[42:53] outreach the applicant has done since the work session
[42:55] and the applicant provided a summary and a memo
[42:57] to all of your comments.
[42:59] I'm sure that Mr. Lawson will cover
[43:01] most of these items in his presentation.
[43:03] This is that revised site layout again.
[43:06] Three buildings totaling 800,000ft² with generator areas
[43:09] between the buildings.
[43:10] Along Apple Valley Road at the top
[43:12] of the screen is the significant 200 foot buffer that
[43:15] was proffered with the rezoning and the 14 foot
[43:19] tall berm is there as well.
[43:21] In summary come up for your consideration
[43:23] this evening come up we provide positives and concerns
[43:25] for as we do for every application.
[43:27] Staff would note for positives the existing
[43:29] zoning of the property M1 aligns with the planned future land
[43:33] use contained in the Comprehensive Plan,
[43:34] industrial, as does the proposed conditional Use data center.
[43:39] The application checks many of the boxes
[43:41] in regards to planned policy and providing
[43:43] commercial and industrial opportunities in the county that
[43:46] were designated for those opportunities the proposed
[43:48] use is expected to result in a substantial reduction in traffic
[43:52] impacts of the transportation network
[43:53] compared to other M1 uses, including those that
[43:56] are currently allowed on site through the rezoning
[43:59] and the approved proffers.
[44:01] Staff would note that the noise generated
[44:03] by the operation of the data facility at this site
[44:06] during most hours of the day is comparable to or less
[44:09] than the baseline noise currently
[44:10] in the vicinity of the project.
[44:12] Again, route 37 is a significant driver of the noise
[44:16] and the noise generated by the facility
[44:18] is less than the noise currently being generated by route 37.
[44:21] It is important to point out that piece
[44:23] of the environmental noise study, which
[44:25] is a key part of the study that was required
[44:27] for the conditional use permit.
[44:29] No application is without concerns.
[44:32] The facility is proposed in an area
[44:34] of the county that is identified for core battlefield.
[44:37] That includes the Kernstown battlefield and the Battle
[44:39] of Second Winchester.
[44:40] The project has the potential to impact
[44:42] significant historic and cultural resources and tourism
[44:45] in the vicinity of the project.
[44:47] Staff would note that your historic Resources Advisory
[44:50] Board which is an advisory body of the Board of Supervisors
[44:53] come recommended denial of the conditional use
[44:55] permit request view should shed impact concerns on the building
[45:00] height and massing despite increased setbacks and enhanced
[45:03] buffers and screening as significantly double impacting
[45:08] properties.
[45:09] Staff believes many of these concerns
[45:11] may be mitigated through the recommended
[45:12] conditions of approval and finally, I
[45:14] think the most significant issue that was raised during the work
[45:17] session is there remains considerable uncertainty
[45:19] in the applicant supporting documentation regarding
[45:23] the existing substation and overhead
[45:25] utilities at the facility of the site
[45:28] and if they are able to provide the megawatts to support
[45:32] the data center at the site.
[45:33] The total megawatts needed has not
[45:34] been stated in the application material.
[45:36] While we did reach out to the oh Shenandoah Valley Electric
[45:41] they stated they could serve the product
[45:43] but provided no information about existing lines,
[45:45] adjoining route 37 or the vicinity
[45:47] and what would support the project
[45:49] or whether they would need to site new lines or make upgrades.
[45:52] The application materials provide
[45:53] a post work session do not provide any clarity
[45:56] and if the existing infrastructure can
[45:58] support the megawatts needed or if upgrades will be required.
[46:01] We do have a fairly extensive list of conditions of approval
[46:06] which I will summarize for you.
[46:09] Again, the intention of conditions of approval
[46:11] is to mitigate potential impacts of the site
[46:13] should the Planning Commission find these appropriate
[46:15] and would like to make a recommendation of approval.
[46:18] Condition one pertains to the historic resources.
[46:20] We are recommending phase one archeological survey be
[46:24] performed for the site.
[46:26] And the sites that were identified
[46:27] in the phase one study that was provided with the application.
[46:30] That a copy of the phase two study
[46:32] be provided to Frederick County prior to site plan approval.
[46:35] And that no land disturbing activities
[46:37] including grading above or below utilities,
[46:40] should occur within the features identified in the phase one
[46:43] study.
[46:43] That all land disturbance activities
[46:45] would occur outside of those areas that
[46:47] were delineated in phase one.
[46:49] Condition two pertains to site access
[46:53] we would limit the site to one full movement entrance on Apple
[46:56] Valley Road and the entrance would not
[46:57] be directly across from any residential homes along Apple
[47:00] Valley Road as to maintain a continuous buffer
[47:03] and berm along the frontage for sound attenuation and view
[47:07] shed mitigation purposes.
[47:08] We would provide a separate entrance if provided by dash --
[47:14] needed by the fire Marshal and reviewed the site should be
[47:18] reviewed by -- and approved by v dot per condition three prior
[47:25] to site plan approval for each phase of development
[47:28] and construction Mitigation plan should be submitted for planning
[47:31] and consideration.
[47:33] Plan would address at a minimum construction
[47:35] access and control measures including but not limited
[47:37] to mitigation measures to implement during weekday
[47:39] am and peak travel times, and school bus
[47:42] travel times along those construction routes.
[47:44] And that the plan would be approved
[47:47] by the Zoning administration for each phase of development.
[47:50] Continuing construction management
[47:52] that a public liaison would be designated
[47:55] and a phone number and email be provided
[47:57] to the applicant's website, but also to the county public
[47:59] information Officer for where there
[48:02] would be concerns about construction related activities.
[48:05] That they can be clearly communicated
[48:07] to the county and applicants.
[48:09] That any resolution of that would
[48:11] be handled in a timely manner.
[48:13] And then if requested by the county,
[48:16] the applicant would participate in a joint reaction team which
[48:20] include the staff and Sheriff's office
[48:23] to address construction related traffic concerns for the project
[48:26] and having pavement road damages would
[48:28] be repaired within 120 days of notice from the county.
[48:32] Condition for pertains to public utilities.
[48:34] Public water consumption by the subject property would be
[48:37] limited to 35,000 gallons per day or less.
[48:40] This was the number that the applicant supplied to Frederick
[48:42] Water and they agreed to serve no groundwater
[48:45] resources via private wells or other methods shall
[48:48] be used for the operation of the primary or accessory uses
[48:52] on site and that prior to site plan approval,
[48:54] the sanitary discharge methods should be reviewed and approved
[48:57] by Frederick County.
[48:58] Condition five pertains to noise and noise monitoring.
[49:03] That the maximum noise generated by the operation of the data
[49:06] center should not exceed 65 DBA and C during daytime hours
[49:11] and 60 DBA and see by nighttime hours measured in accordance
[49:15] with the Frederick County Zoning Ordinance section 70501 and that
[49:19] mechanical equipment installed on the property will be rated
[49:22] to produce noise that is equal to or less to the equipment that
[49:25] was studied in the Environmental Noise study prepared by Salas
[49:28] O'brien and dated November 24th 2025.
[49:31] And that testing of generator assembly limited to weekdays
[49:33] between 8:30 a.m.
[49:34] And 5:00 pm.
[49:37] Condition seven pertains to power generating facilities.
[49:42] The power generation for the use shall
[49:43] be limited to backup generators and in accordance
[49:46] with condition six, and the use of solar panels.
[49:49] Condition eight pertains to building height, design,
[49:53] and architecture.
[49:54] Maximum height of the principal structure,
[49:57] including all rooftop -- or sorry rooftop and parapet
[50:01] screens should not exceed 45ft in height the building should
[50:05] include a main entrance feature, which must either project
[50:08] or recess from the main building space and be differentiated from
[50:11] the remainder of the facade by a change in building material.
[50:14] That the design of the building facade
[50:16] should include fenestration of two or more
[50:18] of the following materials comprising of approximately 30%
[50:22] of facade concrete block, stone, brick, glass, metal,
[50:27] or architectural precast concrete.
[50:29] That at least two neutral earth tone or color palettes
[50:32] should be used in the building facade.
[50:34] That the maximum length of any exterior wall facing Apple
[50:38] Valley road without modulation shall not exceed 100ft
[50:40] and the minimum modulation depth would be two feet.
[50:44] The minimum modulation width would be 20ft.
[50:47] The final building elevations and renderings
[50:49] would be provided to the county for review
[50:51] and accepted with the above conditions
[50:53] prior to the issuance of the first building permit.
[50:56] Condition nine pertains to buffering and screening.
[50:59] That a category C type full screen buffer
[51:01] should be installed along the property frontage
[51:03] with Apple Valley Road, Middle Road, and route 37.
[51:07] And that unless otherwise modified below the buffer area
[51:10] should fulfill the minimum distance
[51:12] that OPEC screening requirements over the Frederick County zoning
[51:16] requirements 802.
[51:17] And along the front of Apple Valley and Middle Road
[51:20] the buffer distance would be a minimum of 200ft in width
[51:22] and include a minimum of a 14 foot tall earth and berm plus
[51:26] a landscape screen.
[51:27] And that the minimum size at the time of planting
[51:29] for the landscape screen for all buffer areas
[51:32] should be an inch and a half caliber deciduous tree.
[51:35] A six foot tall evergreen tree and a minimum 36 inch tall
[51:39] evergreen shrub.
[51:40] That the planting species would be reviewed and approved
[51:45] at a time of site plan.
[51:46] Would include a mix of species including at least one Virginia
[51:49] native variety of deciduous tree.
[51:51] One Virginia native variety evergreen tree and at least
[51:54] one native variety shrub.
[51:56] That in addition to the minimum ten
[51:58] foot wide landscape easement described above Apple Valley
[52:01] Road there should be an additional double row
[52:03] of evergreen trees.
[52:04] The evergreen tree screen shall include
[52:06] at least two different varieties of plantings.
[52:08] One of which should include a Virginia native
[52:11] it should be bald and burlap and a minimum
[52:13] of eight feet in height at the time of planting.
[52:15] And the double row of evergreen trees
[52:17] should be planted within the limits of the 200 foot buffer
[52:20] and that the planting should be faced appropriately
[52:22] within the inactive portion of the buffer
[52:24] to allow for regular maintenance and mowing.
[52:27] Condition ten is in regard to signage.
[52:31] Would be permitted one freestanding monument sign along
[52:34] Apple Valley Road, not to exceed 50ft² and sign area not
[52:38] to exceed 12ft in height.
[52:40] At the base of the sign and the sign face should be
[52:43] of a material and color palette that is complementary
[52:45] to the building facade materials and that building a wall mounted
[52:49] and electronic messaging signs would be permitted --
[52:53] prohibited on site condition 11 of the standard that all
[52:57] conditional use permits -- that any change in the use for which
[53:01] a conditional use permit was granted shall require a new
[53:04] conditional use permit.
[53:05] We are at the public hearing stage for this request.
[53:07] Following your public hearing staff
[53:09] would be seeking a recommendation
[53:11] to forward to the Board of Supervisors.
[53:13] As noted we are at the maximum extent of the time
[53:16] allocated to the Planning Commission
[53:17] by the Code of Virginia.
[53:19] Tonight is your night to provide a recommendation and following
[53:23] your recommendation, the Board of Supervisors public hearing
[53:26] will be held on September 23rd, 2026.
[53:28] I am happy to answer any questions from the Commission.
[53:31] Ty Lawson is here representing the applicant
[53:34] and he has a brief presentation.
[53:36] Thank you Mr. Chairman.
[53:41] Chairman Stowe: Any questions to my right or left
[53:45] thank you very much.
[53:46] Mr. Lawson Quickscope --? .
[53:55] >> Mr. Chairman and members of the Planning Commission.
[53:57] Ty Lawson here.
[53:59] Winchester gateway and I also have a bunch
[54:01] of folks to my right who are experts
[54:05] in engineering process, mechanical engineering, sound,
[54:09] financial experts, and the like.
[54:12] We are here to respond to any questions.
[54:16] As Mr. Cline started us off.
[54:19] We do have a brief presentation and then we look forward
[54:24] to responding to your questions .
[54:28] And we expect there will be comments from the public
[54:30] to respond to as well.
[54:31] At the end of the day I think we are all looking forward
[54:34] to your recommendation.
[54:37] This is our site.
[54:40] It is a 71 acre site.
[54:43] It is the property , as Mr. Cline pointed out,
[54:49] that is already zoned M1.
[54:51] It is confirmed by the Comp plan to be M1
[54:57] and he made a great point that it was
[55:01] called for that long before.
[55:03] Actually this site was rezoned.
[55:05] It was actually rezoned several times
[55:08] it was rezoned once after the property was zoned in 2015,
[55:14] along with the balance of the property that adjoins it.
[55:17] And then again in 2023.
[55:21] And as was correctly pointed out, as at the time
[55:26] it was moving in the direction contemplated
[55:29] to be a data center.
[55:30] A lot of the buffering that was proffered
[55:32] at the time screening the sound attenuation, and so on
[55:39] was built in.
[55:41] That is the site as we are here today.
[55:44] We are zoned m1.
[55:46] I believe we eliminated two uses.
[55:50] One is a prison and the other is fast food with drive thru,
[55:58] outside drive thru.
[56:01] Everything else is allowed under the M1 uses.
[56:05] We do have some fairly significant screening
[56:09] for typical M1.
[56:10] Over and above what would be required under the ordinance.
[56:13] But of course, and as it was said today,
[56:18] what we are proposing is a data center ,
[56:23] which is allowable under M1 under a conditional use permit.
[56:27] And we, of course, have heaped additional conditions
[56:31] on this site to allow for that opportunity.
[56:37] M1, as we pointed out, what is allowed as we sit here today
[56:43] is various heavy manufacturing warehouse.
[56:50] In fact, Apple Valley has significant road improvements
[56:54] on it because of the traffic impact analysis
[56:57] which came with our rezoning.
[56:59] That remains.
[57:00] We are not allowed and not proposing to change any of that.
[57:04] Office and commercial.
[57:06] Transportation and utilities.
[57:11] And generally an industrial park.
[57:13] The one thing is the square on the right which requires
[57:16] a conditional use permit.
[57:18] That is for the data center .
[57:24] I think it is important to point out what brings us here.
[57:29] We have been distinguished from other sites, which
[57:32] are Rezonings.
[57:33] They are trying to change agriculture to more intense use.
[57:37] We are not.
[57:39] What we are is asking for a conditional use
[57:45] permit to reduce all of our by right M1 uses to one.
[57:50] That is to m1.
[57:52] As is in your report comment the code
[57:56] Frederick County zoning ordinances
[57:57] cited conditions should be reasonably related
[58:00] to the proposed use and reasonably
[58:03] necessary to address the impacts of that specific application.
[58:08] In this case, it is the impacts of a data center.
[58:13] And then, we all get that power, as we do for everything
[58:17] from the Commonwealth and it comes from the Virginia code,
[58:23] which provides Frederick County zoning ordinance may include
[58:27] reasonable regulations for the granting
[58:29] of the special exception under suitable regulations
[58:33] and safeguards.
[58:35] I thought what was important, as we are all
[58:38] following the law here, the Supreme Court
[58:41] spelled out what all of that means.
[58:43] It says that although the uses in such special exception
[58:47] categories are permissible under the ordinance,
[58:50] such permission is to be granted subject to such limitations
[58:55] and conditions as public officials may oppose in order
[59:00] to reduce the impact of the use on neighboring properties
[59:05] and the public to the level which
[59:07] would be cause by those uses permitted as a matter of right.
[59:12] As we all sit here today, the matter
[59:15] of right, the uses of right or all of those M1
[59:20] uses with the exception of the two.
[59:23] No prison and the impacts that come from that, and then a drive
[59:26] through.
[59:27] Everything else, and as we proceed tonight,
[59:31] our conditions have to be measured against the level which
[59:35] would be cause by those uses permitted as a matter of right.
[59:42] This is our data center land plan.
[59:47] It is the three buildings.
[59:49] It shows the Berming, the sound walls
[59:55] that we have worked through with you all, and also with staff.
[1:00:00] It does have some key features.
[1:00:03] Number one, they are 60 foot tall buildings.
[1:00:06] Of course, that is the zoning height that was granted in 2015.
[1:00:11] And then also, with the subsequent
[1:00:15] proffered rezoning a couple of years ago.
[1:00:19] We are not going any higher.
[1:00:21] We are staying consistent with that impact
[1:00:24] with a lot of other things associated
[1:00:28] with it 200 foot setback.
[1:00:29] We have now raised the berms to 14ft.
[1:00:33] Heavy landscaping.
[1:00:34] Mr. Klein walked through some of those conditions in the rows
[1:00:39] and trees and the calipers and all of those things
[1:00:42] that are a result of our working with staff to load it up,
[1:00:48] if you will.
[1:00:49] I will show it in the view shed later as
[1:00:52] to what we get from that, in terms of benefits.
[1:00:57] Then on site ponds and delineated wetlands
[1:01:00] are preserved.
[1:01:01] We have been asked about, what is this thing going to look like
[1:01:05] and we have some renderings.
[1:01:09] These are intentionally designed to mock and mimic
[1:01:15] the development on site.
[1:01:17] Apple Valley, for example, and the residential
[1:01:21] across the street.
[1:01:23] The church is further to the right.
[1:01:25] Of course route 37 is in the back,
[1:01:27] and the ponds are on the left.
[1:01:29] Living wall concepts.
[1:01:31] We have agreed to put that in as a condition.
[1:01:35] That is as a result of your comments and others.
[1:01:39] And then views from the neighborhood.
[1:01:44] We did, and Mr. Klein pointed out
[1:01:48] that there were comments about that.
[1:01:49] What is this going to look like?
[1:01:51] What are we going to see from the various vantage points
[1:01:55] looking from across the street?
[1:01:58] From 37, from up on the hill where Shenandoah Valley
[1:02:03] Battlefield Foundation has property.
[1:02:04] Or across the way where Kernstown has battlefield
[1:02:09] property and Viewsheds.
[1:02:12] We went ahead into -- and prepared a detailed Viewshed
[1:02:21] analysis.
[1:02:21] This was subsequent to the HR a meeting.
[1:02:25] We will show you this as we go through it.
[1:02:30] They are very intentional.
[1:02:31] The engineers are here to show you
[1:02:33] how they did what they did but they
[1:02:36] are able in scale and true scale to show what the berms what
[1:02:41] the berms would look like with landscaping
[1:02:44] and the buildings behind it.
[1:02:46] There was discussion about colors
[1:02:48] and trying to paint the buildings in a certain way
[1:02:52] so that they are less visible, which is somewhat
[1:02:56] of a contrast to our neighbors.
[1:02:58] Those were all very bright white.
[1:03:00] We have agreed to those earth tones.
[1:03:03] I will go ahead and jump.
[1:03:06] It shows you what you see from the Viewsheds,
[1:03:10] or what you, in some cases would not see, because the way
[1:03:14] the buildings are placed here because of the way existing
[1:03:20] woods and other vegetation are there.
[1:03:25] And then, of course, especially as you look down
[1:03:29] to the lower two photographs, that is intentional.
[1:03:32] That is the berms with the landscaping on it, all to scale.
[1:03:38] We heard from our neighbors that they have concerns about views.
[1:03:43] To be blunt, we have delivered.
[1:03:47] We have obscured this site, and I cannot help it,
[1:03:51] I will say it again peer compare that to by right industrial.
[1:03:55] This is mitigating a perceived impact significantly.
[1:04:05] This is where we are in a buy right status.
[1:04:10] The industrial plan.
[1:04:12] We had actually done this early on in the process
[1:04:17] and folks had asked us to compare.
[1:04:19] This is what it is.
[1:04:22] The square footage of the building
[1:04:23] is significantly greater than what
[1:04:26] we are proposing to limit ourselves with the conditions.
[1:04:32] Just show the two entrances.
[1:04:35] There were comments about that.
[1:04:38] We proffered two entrances.
[1:04:40] Was, as a result of agency comments.
[1:04:43] For the record, we have no problem with going down to one
[1:04:47] but we do believe that fire and rescue will want two entrances,
[1:04:52] and of course, our design has it coming
[1:04:56] in at an angle for that second entrance.
[1:05:00] You can still accomplish the emergency access,
[1:05:04] but it does do things.
[1:05:07] Blocks the visual because you are going directly
[1:05:11] through the landscaping and the verbs.
[1:05:13] Then it helps with sound a -- sound attenuation.
[1:05:18] There are benefits that come with that.
[1:05:20] This is the sideboard -- side by side of frankly what was
[1:05:26] in the approved design.
[1:05:28] Significant landscaping and berming
[1:05:31] away above what is typically seen in an M1 preferred
[1:05:36] rezoning.
[1:05:36] We did that on purpose and then with the cup
[1:05:42] we have loaded it up even more, starting
[1:05:45] with the base of the 14 foot berms with landscaping on it.
[1:05:51] With that, I would be happy to respond to any questions.
[1:05:57] We were asked to get to -- through the presentation so that
[1:06:03] we could respond quick we do have other reference materials
[1:06:06] in the deck.
[1:06:08] Folks may refer to that, depending on your questions.
[1:06:13] >> Thank you, Mr. Ralston.
[1:06:16] Any questions.
[1:06:17] Mr. Whitaker quick
[1:06:19] >> Do you have a topographical map you can fill --
[1:06:26] pull up for us?
[1:06:30] >> How do I go -- do you want to see the by right or both?
[1:06:38] >> I want to -- see where all of the watershed coming off
[1:06:41] of the building and everything would run to.
[1:06:45] >> The stormwater features for both our building off
[1:06:48] of the existing ponds and as I said before,
[1:06:55] we have several engineers if you would like to talk to the civil
[1:07:01] engineer about their design.
[1:07:04] >> About the runoff directly to the ponds
[1:07:11] >> Josh?
[1:07:17] >> In the event of any of the cooling systems,
[1:07:18] I would imagine that you cooling this with machinery on top
[1:07:23] of the building?
[1:07:25] >> Yes, sir.
[1:07:27] >> In the event of any of those leaking,
[1:07:29] how is that contained and vented from going into the wetland
[1:07:34] areas?
[1:07:36] >> That may be more of a question for the mechanical
[1:07:39] engineer or the plumbing engineer for the building.
[1:07:45] >> Mitchell.
[1:07:47] >> So the air cooled equipment, chillers on the roof,
[1:07:51] will fill up the whole roof with piping that would be within
[1:07:55] the sound enclosures and the screening.
[1:07:58] There is going to be a cistern that
[1:08:02] will be built into the project where stormwater will
[1:08:05] go into first before leaving the cistern
[1:08:08] and going out of the building out onto the property.
[1:08:15] Council Member Whitacre: So what the cistern doesn't contain
[1:08:17] it is just running over?
[1:08:20] >> It is just coming off of the top.
[1:08:24] Council Member Whitacre: So there
[1:08:26] is no system in there to prevent any toxin from getting
[1:08:28] into the wetland area?
[1:08:30] >> The cistern itself, this is in combination with what was
[1:08:33] mentioned last time.
[1:08:34] There is leak detection along the piping as well would
[1:08:38] be one of the requirements.
[1:08:41] That is actually not normal, but that is something
[1:08:43] that we have talked about.
[1:08:44] It is going to add a cost to provide
[1:08:47] all of that additional leak protection piping is insulated
[1:08:50] and wrapped in aluminum Jacketing.
[1:08:52] Below the Jacketing you would have another layer
[1:08:54] with leak detection.
[1:08:56] That would be your early prevention.
[1:08:58] And then there would also be emergency response measures
[1:09:03] with absorption materials, training
[1:09:09] with administration procedures and quick response
[1:09:11] to be able to mitigate any sort of large, significant leaks.
[1:09:18] Small leaks would be captured by the leak detection
[1:09:20] and would not make it to the roof drains.
[1:09:24] Council Member Whitacre: In the event
[1:09:26] that the wetland area does get contaminated,
[1:09:29] who has to pay for that cleanup?
[1:09:32] >> That would be the owner of the property.
[1:09:35] Or the owner of the building facilities.
[1:09:39] Let's say propylene glycol were to get out
[1:09:43] and it is deemed to be a fineable offense
[1:09:45] by the authorities they would be responsible for that.
[1:09:49] The good news is, there is a secondary tertiary measures
[1:09:54] to mitigating it getting outside of the property line.
[1:09:59] Council Member Whitacre: If the cost was so bad
[1:10:01] that it forced you into bankruptcy, then who gets
[1:10:04] stuck with the bill?
[1:10:06] >> I don't know how to answer that question
[1:10:11] Chairman Stowe: Any other questions
[1:10:13] to my right quick questions to my left?
[1:10:15] Okay.
[1:10:16] Thank you very much.
[1:10:16] This is a public hearing.
[1:10:18] I will open the public hearing for this cup 03-26 if you would
[1:10:27] like to speak I would ask you to come to the podium,
[1:10:30] state your name and your comments and limit your comments
[1:10:33] to three minutes or less.
[1:10:35] As we come to this I would like to acknowledge
[1:10:39] e comments from online from the following people
[1:10:41] just in Platt, Stacy Haaga, Kristen Kearns, Michael Rogo,
[1:10:46] Christopher Bradford, Rhonda Jenkins, Jean Lombardo, Jennifer
[1:10:50] Moy, John Netzel, Anna Bradford, Charlotte Lombardo, Lawrence
[1:10:57] Weiss, Ted Mcfadin, Holli Harrington, Meredith Davis,
[1:11:02] and Randy Leach.
[1:11:04] And a few here intended to speak in addition to E comments,
[1:11:08] I would ask -- you are welcome to do so but I would ask that
[1:11:12] you would please allow those who have not submitted e comments
[1:11:15] to first speak, in the interest of time and that you limit
[1:11:18] your statements to new information that you have not
[1:11:20] provided previously included in the written comments.
[1:11:24] With that said, I will open the public hearing and, Mr. Bishop?
[1:11:39] >> The big winner for tonight is Vicki Michaels,
[1:11:41] followed by forgive me if I mispronounced your name,
[1:11:45] Arthur Christiansen.
[1:11:56] >> Good evening, commissioners my name is Vicki Michaels and I
[1:11:58] live in the Stonewall District.
[1:12:00] While gateway plans to use a closed end loop system,
[1:12:04] the saga and that of the data centers in Frederick County
[1:12:08] seems more like a dead end loop.
[1:12:11] Never ending.
[1:12:12] On page six of 16 of the Cup, executive summary,
[1:12:16] the conditional use shall not be, excuse me
[1:12:21] the conditional use shall be in harmony with,
[1:12:24] and shall not adversely affect the use and enjoyment
[1:12:27] of surrounding properties.
[1:12:29] I could end right now and have gotten my point.
[1:12:33] From August 18th, 2026 under proposed use,
[1:12:37] the proposed building and block massing as proposed
[1:12:39] by the applicant, up to 60 foot, excluding any rooftop mechanical
[1:12:45] equipment.
[1:12:45] I would like to know how much height that adds.
[1:12:49] May have a significant impact on area viewsheds,
[1:12:53] particularly from neighboring historic resources and single
[1:12:56] family residential -- residences in the project vicinity planning
[1:13:01] staff have proposed a maximum structure height not to exceed
[1:13:06] 45ft.
[1:13:07] I believe that was a condition on here.
[1:13:10] This revised application still costs for three buildings
[1:13:14] of 60ft high.
[1:13:16] April 20th, 2026, the HRAB recommended reject due
[1:13:25] to the impact on economic resources.
[1:13:29] By the nighttime levels exceed the ambient noise levels
[1:13:32] during quiet hours because they are also studying,
[1:13:36] they serve to mask the traffic noise.
[1:13:39] Really?
[1:13:39] The applicant also has a study regarding the 60 foot
[1:13:44] building being quieter than the requested 45 foot.
[1:13:48] Not surprising, a third party examiner
[1:13:51] has some concerns on how that study was technically conducted.
[1:13:56] Why aren't the number of generators listed anywhere
[1:14:02] on the CUP and am I the only one that has a problem with the fact
[1:14:09] that we are building a data center right
[1:14:11] next to a Native American site that predates any contact.
[1:14:18] I am a little bit thrown off in my notes
[1:14:23] because I just read the new agenda that you handed out
[1:14:28] today.
[1:14:29] I had to change what I was saying.
[1:14:32] At the August 12th Board of Supervisors meeting come
[1:14:35] on numerous county residents, including myself,
[1:14:38] asked our supervisors to ensure the ordinance to remove data
[1:14:41] centers as permitted and, or conditional use in certain
[1:14:45] zoning be free of loopholes.
[1:14:48] Requesting that they define a data center and state that they
[1:14:51] are not permitted in all zoning districts,
[1:14:53] rather than removing references to data centers and definitions.
[1:14:57] Based on the information that I just now read,
[1:15:01] on the August 31st Legal memorandum I just want to say --
[1:15:10] I don't know how three minutes went by because I timed this
[1:15:13] and I had my time.
[1:15:14] But I just want to say that we are trusting you
[1:15:19] all to act in a manner that your constituents have shown you,
[1:15:25] what we want and for the good of the people.
[1:15:28] I don't know how you can vote on something
[1:15:30] or approve it when the phase two has not yet been completed.
[1:15:34] You are going to be voting on something to pass it
[1:15:37] through when the archeological survey has not gone through.
[1:15:41] Thank you.
[1:15:46] [Applause]
[1:15:50] >> Next we have Arthur Christian followed by Randy Leach
[1:15:52] and folks, if you could come if you are next to beyond
[1:15:55] the person who is speaking you will have --
[1:15:57] if you could kind of queue up behind them to help everybody
[1:16:01] move along.
[1:16:02] >> I would also ask if you could help please hold your applause
[1:16:05] until the end.
[1:16:06] I know this is an item folks are passionate about.
[1:16:08] We are trying to move along.
[1:16:09] We have 27 speakers.
[1:16:11] Or 27 folks who want to speak and some of you
[1:16:14] have kids that have to go to school tomorrow
[1:16:16] or you have to go to work tomorrow I understand that.
[1:16:19] >> I will try to be short.
[1:16:21] My name is Arthur Kristen from Winchester.
[1:16:25] When I noticed no geological study whatsoever in anything .
[1:16:36] Second, this is an earthquake zone.
[1:16:40] We had an earthquake in Middleville Virginia that ran up
[1:16:44] for --
[1:16:45] 522.
[1:16:45] I felt it in my house at that time -- tends to break pipes.
[1:16:50] All of a sudden you break pipes come on giant water pipes
[1:16:54] come I guess what you get in a limestone area?
[1:16:57] Sinkholes.
[1:16:58] That whole area is a giant sinkhole waiting to happen.
[1:17:02] You shouldn't build anything on there whatsoever.
[1:17:06] Finally come out looking at the increase in the electric bill.
[1:17:15] I was under Shenandoah Valley Electric and the increase
[1:17:19] of my water bill.
[1:17:20] Winchester has one of the highest water bills in the area
[1:17:24] up here it is going to go up.
[1:17:28] I object to this.
[1:17:31] Finally come a cybercrime.
[1:17:33] If I was a cyber hacker come on guess where I would go.
[1:17:37] Write to the data center.
[1:17:39] Right to the electric company.
[1:17:41] The electric company does not protect itself.
[1:17:43] I am here to tell you that because I commented
[1:17:46] to their board saying come on you need to do something
[1:17:50] about your cybersecurity.
[1:17:51] I am a cybersecurity expert peer I have several diplomas
[1:17:57] and I have a master's degree in all of that.
[1:18:01] I am just saying, we need to really think
[1:18:06] about a lot of stuff here.
[1:18:08] I am asking that you vote no on this.
[1:18:12] It is too much of a problem.
[1:18:14] That is all that I have for this.
[1:18:17] Thank you.
[1:18:21] Chairman Stowe: -- >> I was one of the E comments.
[1:18:29] Do you want me to wait till the end?
[1:18:31] Go
[1:18:32] >> After Jay Marts we have Jennifer Smith.
[1:18:39] >> Good evening I'm Jay Mark from the Gainsborough District.
[1:18:41] Chairman Stow and hello to my Gainsboro reps.
[1:18:45] And the rest of the commissioners tonight.
[1:18:47] I appreciate the opportunity to petition the local government
[1:18:50] on potential land use decisions.
[1:18:52] These public policy issues under consideration
[1:18:56] will have long term ramifications for our county
[1:18:59] and most are irrevocable.
[1:19:02] Once the shovel hits the ground, the property rarely
[1:19:06] reverts to what it once was.
[1:19:07] You set the path to turn the farm into an industrial park.
[1:19:11] Where orchards once blossomed common cattle graze,
[1:19:15] tractors plows and food grew we will not have industrial parks
[1:19:18] cum a strip malls, condos and townhouses.
[1:19:20] Additionally, too much traffic causing delays and accidents.
[1:19:24] Increased demand on our power grid and most important,
[1:19:27] our water resources.
[1:19:28] This contributes to the overcapacity of our schools,
[1:19:32] and the increased burden on the first responder network.
[1:19:34] We have a beautiful piece of geography
[1:19:36] here at the top of Virginia.
[1:19:38] I moved my entire family, three kids and three grands
[1:19:42] here to enjoy, grow, and prosper in the northern Shenandoah
[1:19:45] Valley.
[1:19:46] We left Fairfax, avoided Loudoun, and settled here.
[1:19:50] We are all pleased with the decision.
[1:19:52] We just hope it was the right one.
[1:19:54] I generally have confidence in this commission.
[1:19:56] You are all professionals in the work of land management.
[1:20:00] Especially now that Dr. Lamanna has graduated.
[1:20:07] I want to ask you to use land management only
[1:20:11] to the areas that are designated for that purpose.
[1:20:14] Stop rezoning rural areas.
[1:20:15] Point developers to properties that
[1:20:17] may have a mutual redevelopment option Excel Sunnyside
[1:20:20] or show me a plan.
[1:20:22] To the subsequent hand.
[1:20:24] The Winchester Gateway project is M1.
[1:20:26] You have done the appropriate work to ensure compliance.
[1:20:28] This is evident by the changes made by the developer.
[1:20:31] This property will eventually be developed by right.
[1:20:35] I would suggest that perhaps you try
[1:20:38] to entice a flock camera manufacturing
[1:20:41] facility to move in.
[1:20:43] You would probably have as good as luck
[1:20:46] as you do with data centers.
[1:20:48] Vote appropriately.
[1:20:48] You are not directly accountable to the electric.
[1:20:52] Pompous to the supervisors and we, the voters,
[1:20:56] will decide who represents us.
[1:20:58] The consequences of decisions will manifest themselves
[1:21:00] on November 3rd.
[1:21:01] Thank you very much for your time.
[1:21:04] >> Thank you.
[1:21:06] >> Next we have Jennifer Smith followed by Leslie Spencer.
[1:21:14] >> Good evening.
[1:21:15] >> Good evening come on Jennifer Smith from the Stonewall
[1:21:17] District.
[1:21:18] I am back again.
[1:21:19] I would like to talk about the comprehensive plan a little bit
[1:21:23] because it seems to be kind of what they seem
[1:21:27] to talk to the lawyers, and meeting the requirements,
[1:21:31] and everything.
[1:21:32] But I want to speak to your vision statement.
[1:21:34] It starts with, to ensure the quality of life
[1:21:39] for all Frederick County citizens.
[1:21:41] When we come to these meetings, and we show you
[1:21:45] what we want for our quality of life,
[1:21:47] it seems to be overlooked that the impact of these facilities
[1:21:54] will have on the people that live here.
[1:21:57] A lot of the people who showed up for this
[1:21:59] are probably not residents in our community.
[1:22:02] They have, while we are meeting demands we are going
[1:22:06] to put bees on the property.
[1:22:09] Virginia planted all of these fine things
[1:22:11] to meet the requirements.
[1:22:12] They do not live here and they do not have to deal with it.
[1:22:15] If there is a leak, they will say, we have made adjustments.
[1:22:18] We have things in place.
[1:22:19] But there is a long history of multi-million dollar billion
[1:22:21] dollar companies coming into rural communities,
[1:22:24] stripping natural resources, poisoning the water come up
[1:22:27] poisoning the land and residents are left dealing with it,
[1:22:31] and nothing happens to these companies.
[1:22:32] The problem is, once you let them in, you cannot get rid
[1:22:37] of them.
[1:22:37] You cannot fix what they do.
[1:22:39] There is no compensation for the health and security,
[1:22:42] into well-being of the folks who live here.
[1:22:45] My concern is, we did not choose this.
[1:22:48] We did not let this happen.
[1:22:50] We did not open a door to data centers.
[1:22:52] The community never voted for that.
[1:22:54] That was brought by the board.
[1:22:58] We have never wanted this and we have continued
[1:23:01] to bring this to board meetings, to the Planning Commission,
[1:23:06] and we have continually stated our guidance.
[1:23:10] We vote for you all and you all are supposed to represent us.
[1:23:14] Our taxes pay for that, and we vote for that.
[1:23:17] Every time we show up and we tell you what we think,
[1:23:21] your votes should reflect the people you represent.
[1:23:24] The people who live here.
[1:23:26] The people who have to deal with this.
[1:23:27] Good planning and your comprehensive plan
[1:23:30] is to protect the rural preservation of this community.
[1:23:34] Planning the community in a proper way.
[1:23:38] Putting data centers across from historical locations,
[1:23:41] and in neighborhoods, is not good planning.
[1:23:44] We have industrial parks and we have places
[1:23:47] that they could better suit.
[1:23:49] But instead, that is being ignored
[1:23:51] at the benefit of large corporations
[1:23:52] and at the detriment of the people who live and work here.
[1:23:57] We are the ones who are dealing with the aftermath of this.
[1:24:00] You should think about that when you set your vote.
[1:24:02] Thank you.
[1:24:04] >> Thank you .
[1:24:08] We have Leslie Spencer followed by Gary Shepherd.
[1:24:13] >> Mr. Bishop, I did not sign up here is there a Leslie
[1:24:16] in the room.
[1:24:17] >> I think perhaps I am reading.
[1:24:19] It is fairly loopy writing it I saw the Leslie.
[1:24:22] If there is a Leslie out there that signed up
[1:24:25] and I haven't called your name, and you
[1:24:27] are on the first page, that is probably,
[1:24:29] I see a big letter L and a letter S,
[1:24:33] but the rest is difficult for me.
[1:24:36] >> I will take it then.
[1:24:38] Good evening, Leslie Spencer from Gainsborough.
[1:24:41] Thank you for your dedication and thank you
[1:24:43] to all of the voters for showing up for your neighbors tonight.
[1:24:47] Frederick County deserves clarity, foresight,
[1:24:50] and strong leadership.
[1:24:52] The land use changes will create real health, ecological,
[1:24:55] and economic risk over many miles.
[1:24:58] Do we truly know the value of what we risk using.
[1:25:01] This is a conditional use permit.
[1:25:04] You have the discretion to decide
[1:25:06] whether this particular use is appropriate
[1:25:08] and the particular location, and compatible with the surrounding
[1:25:12] community.
[1:25:13] Are we properly evaluating the cumulative long term impacts
[1:25:17] at and beyond the immediate property lines,
[1:25:21] via bill SB 94 passed July 1st, gives us reason to pause right
[1:25:26] now and ask the question.
[1:25:27] This bill also allows locality to require the site assessment,
[1:25:31] examine the effect of the proposed facility on the ground
[1:25:34] and surface water, resources, agricultural resources, parks
[1:25:38] come out registered historic sites,
[1:25:40] and the forest land on high energy use facility sites,
[1:25:45] or immediately contiguous land.
[1:25:49] This location sets behind the homes and Battlefield site
[1:25:54] along major tourism corridor.
[1:25:56] Our comprehensive plan reminds us
[1:25:58] that first impressions often set the tone for visitor experience.
[1:26:01] This is an extraordinary intensive industrial use.
[1:26:05] Frederick County needs real transitional zoning
[1:26:08] between uses of this intensity and the people
[1:26:10] who already live here.
[1:26:12] And then there is energy.
[1:26:14] Before we approve a Frederick County high energy use facility,
[1:26:18] we need to ask, where will the power come from,
[1:26:20] and what new generation and transmission
[1:26:22] will be required to serve it.
[1:26:25] Also, there is a new bill.
[1:26:27] The HB 284 says the energy Flexibility Program where,
[1:26:33] and the main feature data centers,
[1:26:35] will run on a flexible schedule where peak electricity is low,
[1:26:38] so the noise -- so is that going to be noise at night?
[1:26:44] What other energy bills have we all been studying?
[1:26:46] What don't we see right now?
[1:26:48] I don't think that Frederick County should approve
[1:26:51] massive new energy loads, while Virginia and PJM are still
[1:26:55] struggling to solve the energy crisis already in front of us.
[1:26:59] Especially for another data center.
[1:27:00] I am also worried about what comes next.
[1:27:03] If we approve a high energy use facility today,
[1:27:06] will Frederick County eventually make --
[1:27:08] be expected to host the generation needed to power it
[1:27:11] tomorrow?
[1:27:12] Especially for a data center.
[1:27:14] We should all know that answer before we say yes.
[1:27:17] We can ask for better.
[1:27:21] There are American tech companies already doing
[1:27:24] this overseas.
[1:27:24] It makes me sad and angry that they will not do that here.
[1:27:28] I will never say yes.
[1:27:29] I will never trust them until they show me that they will.
[1:27:34] Let's plan carefully come up protect back
[1:27:39] Creek district, the historic fertile valley, our state,
[1:27:42] and preserve the irreplaceable beauty of Frederick County.
[1:27:47] Thank you.
[1:27:49] >> Next we have Garry Shepherd followed by Rachel Keller
[1:27:52] or Richard Keller. .
[1:27:56] >> Good evening come up Mr. Shepherd.
[1:27:59] >> Good evening.
[1:27:59] I am Garry Shepherd, president of the Kernstown Battlefield
[1:28:02] Association.
[1:28:03] As I look at you, I sort of wonder
[1:28:06] how many of you have even visited the Kernstown
[1:28:08] battlefield.
[1:28:09] 3/5 of our property is in the Back Creek district of Frederick
[1:28:16] County.
[1:28:17] We are opposed to the data center.
[1:28:21] Our concerns are many.
[1:28:23] We have three wells, we have over 80 head of cattle
[1:28:28] on our property.
[1:28:30] The health of our neighbors on Apple Valley.
[1:28:34] The ignored low frequency emission health risk.
[1:28:38] I am talking about at the 35 decibel and lower level, which
[1:28:44] these generators will be generating.
[1:28:46] All of that is being ignored.
[1:28:48] As well as our Viewshed and the history impact
[1:28:53] that the data centers will have.
[1:28:56] The Kernstown battlefield property was settled in 1735,
[1:29:01] and composes 35 acres of historic property
[1:29:05] in the Back Creek District.
[1:29:07] That includes 315 acres on our main property
[1:29:11] and 38 acres up on Sandy Ridge.
[1:29:15] Our southern border ends at Apple Valley Road,
[1:29:18] directly across from the proposed data center.
[1:29:22] On March 23rd, 1862, during the first Battle of Kernstown,
[1:29:27] Union Colonel Nathan Hill stood on Pritchard's Hill and watched
[1:29:34] the Confederates come out of Barton's Woods where this data
[1:29:39] center is going to be.
[1:29:40] Directed by a guy named Stonewall Jackson
[1:29:45] to attack Pritchard Hill.
[1:29:47] Before they got to Pritchard Hill,
[1:29:49] 80 Confederates were dead or wounded from the artillery that
[1:29:53] was on our hill.
[1:29:56] The battle then moved to Sandy Ridge, and Rosehill,
[1:29:59] and this was the first and only battlefield defeat by Jackson.
[1:30:05] Then on July 34th --
[1:30:09] July 24th, 1864 at the second Battle of Kernstown,
[1:30:13] Union General George Crook's stood on the same hill and was
[1:30:17] looking south with his whole division across the front
[1:30:21] of our property.
[1:30:23] From Valley Pike, all the way up onto Sandy Ridge.
[1:30:26] He sent that division forward to get rid
[1:30:30] of the Confederate bushwhackers that
[1:30:33] were in the field between us and where
[1:30:35] the data center is going to be.
[1:30:37] Once they got 600ft out into the fields,
[1:30:41] the Confederates unleashed their attacks.
[1:30:46] Coming out of Barton's woods and out
[1:30:48] of where the warehouses are now, they
[1:30:50] were hit in three different places.
[1:30:52] It was a complete out.
[1:30:58] The final stand was at the Stonewall.
[1:31:00] Crook ends up going back up into Maryland.
[1:31:08] >> Wrap it up, third.
[1:31:09] >> Kimball and Crook stood on Pritchard's Hill looking south
[1:31:11] at the majestic Massanutten Mountain which divides
[1:31:14] the mountain into two valleys.
[1:31:16] The 40 foot high warehouses that are
[1:31:19] there have very little impact on this view,
[1:31:22] and pose no health risk to the local area and battlefield.
[1:31:26] However, the proposed 60 foot high data center,
[1:31:30] with allowable additional height,
[1:31:32] which could go up to 75ft, will certainly have an impact on that
[1:31:40] view shed that we have.
[1:31:42] The solution for the data center is
[1:31:46] to build this unnatural 14 foot berm and plant taller trees.
[1:31:51] All that does is further distract
[1:31:54] from the natural historic view from Pritchard Hill.
[1:31:58] For 25 years the KBA has worked very
[1:32:02] hard to preserve the 290 year history of this property.
[1:32:08] Our 4000 visitors each year come for the history and the views.
[1:32:13] Not to look at a data center.
[1:32:15] We are asking you as county officials to be responsible.
[1:32:20] Protect historic property and its citizens from health
[1:32:26] risks coming from this data center.
[1:32:28] Regional jurisdictions are now taking stronger stance
[1:32:32] against data centers.
[1:32:34] Joined the club.
[1:32:35] Deny the permit.
[1:32:36] Thank you.
[1:32:41] [Applause]
[1:32:45] >> Richard Keller followed by Mary Margaret Bob.
[1:32:51] >> Richard?
[1:32:53] Mary Margaret?
[1:32:54] You are up.
[1:32:55] After Mary Margaret we have Bob curd
[1:33:03] >> Mam Mary Margaret Kernstown district.
[1:33:06] My -- a meeting with gateway reps and participating
[1:33:13] in Loudoun County tours organized by Winchester Gateway.
[1:33:16] The tour was to visit two campuses.
[1:33:19] Best and worst case where we could hear for ourselves what
[1:33:22] data centers sound like.
[1:33:23] First campus utilizes latest technologies.
[1:33:26] We found noise levels Unconcerning .
[1:33:32] The birds were actually louder.
[1:33:33] The second campus is powered by gas turbines.
[1:33:36] Viewed next to homes Comedy Center could be heard
[1:33:40] but was only background to heavy traffic and planes.
[1:33:43] Was explained that we could expect the sound of gas turbines
[1:33:46] to be more noticeable on the second side of the building
[1:33:48] away from the homes.
[1:33:50] Truthfully the noise there wasn't significantly different
[1:33:53] from the first.
[1:33:54] The sound level measured 55 to 65dB and we were advised that
[1:33:58] was a worst case scenario.
[1:34:01] In the ten minutes that we spent at --
[1:34:05] next to each of those was truly representative of data center,
[1:34:12] the Loudoun County Economic Director, buddy Rizer,
[1:34:16] would not have said to me what he did.
[1:34:18] Immediately prior to our tour, we sat down for a discussion
[1:34:21] with our guide, Mr. Reiser.
[1:34:23] I expressed my concerns regarding data centers
[1:34:26] next to housing.
[1:34:27] Mr. Reiser's response was surprisingly swift and emphatic.
[1:34:31] Don't do it.
[1:34:33] Don't build data centers next to housing.
[1:34:36] He acknowledged numerous complaints from homeowners
[1:34:38] admitting it had been a mistake for Loudon to permit
[1:34:41] data centers next to homes.
[1:34:43] Now that I know where to go, I later
[1:34:47] drove myself to see more locations.
[1:34:49] I found the noise level to be similar to what
[1:34:51] it had been the day of the tour, until I explored further.
[1:34:55] Buildings have four sides and the tour had only taken us
[1:34:58] to one out of two of them.
[1:35:00] Circling, I found loud cooling fans
[1:35:02] at one location and high pitched whining machinery at the other.
[1:35:05] I readily admit that the gateway complex is not
[1:35:08] expected to operate whining turbines
[1:35:11] and there is something to be said for the fact
[1:35:13] that noise levels are not identical on all sides.
[1:35:15] Many unhappy neighbors in Loudon suggest
[1:35:18] that it isn't the entire story.
[1:35:20] The examples we were presented of what data centers sound like
[1:35:23] were misleading.
[1:35:24] Despite my efforts to look at this issue with an open mind,
[1:35:27] I still don't know with any certainty
[1:35:29] that hyperscale data centers can be
[1:35:32] built in a way that won't negatively
[1:35:34] impact neighboring homes.
[1:35:36] What is clear to me is that gateway
[1:35:37] is doing their best to put lipstick on a pig
[1:35:40] and convince us it is a unicorn.
[1:35:44] That leads me to no choice to believe
[1:35:47] that Director Reiser advised don't build
[1:35:49] data centers next to housing.
[1:35:51] I respectfully ask that you also believe him and deny
[1:35:54] the Winchester Gateway permit.
[1:35:56] Thank you for your time and consideration.
[1:35:58] >> Thank you come on Ma'am.
[1:36:05] >> We have bob curd followed by Julie Curd.
[1:36:10] >> My name is Bob curd, back Creek District became a licensed
[1:36:13] civil engineer.
[1:36:15] I have degrees from MIT and UCLA.
[1:36:17] I am also a certified vibration analyst.
[1:36:21] I am not a specialized geologic engineer.
[1:36:28] Frederick County ordinance 123 requires
[1:36:31] that I specialized geologic engineer examined
[1:36:36] the land that is proposed for any large structure.
[1:36:39] The excessive, heavy structured on top of land
[1:36:45] are strongly discouraged.
[1:36:47] What is cast land.
[1:36:50] The landscape are characterized by sinkholes, sinking streams,
[1:36:58] springs and caves.
[1:37:00] Frederick County almost defines what this land is.
[1:37:04] Underneath all of our county are caves, sinkholes
[1:37:08] and underground rivers.
[1:37:10] These were formed slowly over centuries
[1:37:14] by water forming limestone and dolomite.
[1:37:18] There is an enormous sinkhole measuring 150 yards in diameter
[1:37:23] that is on the property.
[1:37:27] They have taken the drawing away.
[1:37:30] There are many close neighbors whose
[1:37:33] homes have been damaged by the settling of their houses
[1:37:36] into hollow sinkholes under their houses.
[1:37:39] In fact, I helped put special plastic foam
[1:37:44] under a large slab at the Tory factory south of here.
[1:37:48] We had to raise the floor.
[1:37:50] It had settled.
[1:37:51] We had to raise it by filling the sinkholes underneath it
[1:37:53] with foam plastic.
[1:37:54] There are other concerns as well.
[1:37:57] There is actually a fault called the Apple Pie Ridge fault
[1:38:03] that runs across the property.
[1:38:05] There are springs bubbling up on the west side of the property.
[1:38:15] Aquifers cannot filter contaminants.
[1:38:18] Polluted water travels miles through underwater conduits
[1:38:22] to wells and springs. karst land can be uniquely catastrophic.
[1:38:33] It would discourage industrial grade wastewater
[1:38:36] above the same aquifers that supply private wells
[1:38:40] in the Shenandoah River.
[1:38:42] Another big concern is how to construct a data center.
[1:38:46] The watering has to be done prior to building
[1:38:50] heavy large structures.
[1:38:52] They have drilled numerous deep wells
[1:38:54] and pump out the underground water
[1:38:56] before establishing a base.
[1:38:58] That would be almost impossible with the existing
[1:39:01] springs on the property.
[1:39:03] De watering would destabilize the entire karst flow of water.
[1:39:12] Heavy construction and high groundwater pumping
[1:39:14] are grown double known triggers for sinkhole formation.
[1:39:17] Thank you.
[1:39:24] >> Julie curd followed by Jay Banks.
[1:39:25] >> Good evening.
[1:39:26] I love that guy.
[1:39:27] We are here tonight talking about zoning and planning.
[1:39:33] What is zoning and planning to me?
[1:39:36] It is a board and a government that helps
[1:39:42] me preserve my property values.
[1:39:45] I am not seeing a whole lot of it.
[1:39:48] I am not feeling right now that will happen to me if this data
[1:39:51] center is built. I am surrounded here tonight
[1:39:54] with a lot of my neighbors.
[1:39:57] We have got a lot to lose because we
[1:40:00] are like a lot of other people in that a lot of our assets
[1:40:04] are tied up in our real estate property.
[1:40:07] We have a goal and a duty to protect our real estate values.
[1:40:16] And, as our leaders, should be cheering us on in that.
[1:40:21] You know why?
[1:40:24] Because property taxes come from our property values.
[1:40:30] If our property values go down, you don't receive the taxes.
[1:40:36] Not only that, the tax money that you
[1:40:40] are generated from the property values, a lot of it
[1:40:44] is going to purchase school bonds to build new schools.
[1:40:48] If our property tax values go down,
[1:40:52] your revenues go down and then who
[1:40:55] is going to pay for the new schools
[1:40:57] up here everybody is always shouting
[1:41:01] that we need them so much.
[1:41:04] If there is nothing to back the school bonds,
[1:41:07] you see that this can create a terrible vicious cycle that
[1:41:12] is just going to deteriorate the viability of a county.
[1:41:18] It is estimated there are -- is about 98% of the counties
[1:41:25] in the United States are in this vicious cycle.
[1:41:28] Draw your own conclusion.
[1:41:29] No property values, no tax value.
[1:41:34] Let this group destroy our property values.
[1:41:39] We have a big problem.
[1:41:40] We cannot let that happen.
[1:41:45] Just recently, the Supreme Court of the United States
[1:41:50] has agreed to hear a case on property taxes.
[1:41:56] Are they constitutional quirks gentlemen and ladies,
[1:42:00] this is just the beginning of what
[1:42:03] is going to happen with this vicious cycle.
[1:42:07] Let's not start it here.
[1:42:10] These guys do not have an end user.
[1:42:13] That means, in three years from now when they get done
[1:42:17] and there is no data center business going on,
[1:42:20] how are they going to get an end user that is a data center?
[1:42:24] By then, they are going to start putting data centers in space.
[1:42:28] They are not going to be on the ground.
[1:42:31] And therefore we have a problem.
[1:42:35] >> Thank you.
[1:42:37] >> Vote no to this.
[1:42:38] Thank you.
[1:42:44] >> Jay banks followed by Rebecca B from Stonewall.
[1:42:48] >> Good evening, J.
[1:42:51] >> Good evening.
[1:42:51] The very next day after my public comments
[1:42:54] to this committee, I got a call from a county staff member,
[1:42:59] which was very intimidating.
[1:43:01] But I will not be silenced and I will continue to come before you
[1:43:06] and speak.
[1:43:07] As a certified arborist, a look at the plans for your buffers
[1:43:12] and it is a joke.
[1:43:16] They are a failure in this community.
[1:43:18] Don't take my word for it you can just go out to the approved
[1:43:23] sites where the solar farms are, and look at the plantings that
[1:43:27] are deteriorating and falling apart
[1:43:30] they are not screening a thing.
[1:43:32] What they are saying is that they
[1:43:35] are going to put enhanced landscaping, it is for naught.
[1:43:39] And those poor people living across the street
[1:43:41] will see these same six foot tall tree for the next 25 years,
[1:43:44] because it is not going to be maintained.
[1:43:48] There is nothing that this county
[1:43:50] has done to make developers maintain the required buffer
[1:43:57] yards.
[1:43:57] There should have been conditions on this. .
[1:44:05] It brings to bear the man's dash --
[1:44:09] the responsibility to maintain the plantings.
[1:44:12] They will bring them in but they will not maintain them.
[1:44:14] I bring your attention to the buffer yards that are failing.
[1:44:17] Earlier this year they planted sections of the buffer yards
[1:44:19] for the solar farms.
[1:44:22] Over half of that is already dead.
[1:44:25] What they are going to put in is just
[1:44:27] going to be more dead material.
[1:44:28] When you are talking about a 14 foot berm,
[1:44:32] it is going to be nothing but vegetation that is dead.
[1:44:37] It will be at a taller level, that is all.
[1:44:41] You cannot build a berm, because it has to be a structure that
[1:44:48] will not erode.
[1:44:49] The state will not let you Build something
[1:44:51] that is going to erode erosion sediment
[1:44:54] control is very important.
[1:44:56] They are going to track in dirt from somewhere,
[1:44:59] it is going to be probably the consistency of concrete,
[1:45:04] and poke a hole in it and try to plant a tree.
[1:45:07] It doesn't work.
[1:45:09] And I've got over 30 years in municipal government
[1:45:12] that I've inspected sites with this type of landscaping
[1:45:17] proposed.
[1:45:17] I can tell you that you have nothing that will hold
[1:45:21] their feet to the fire , then those poor people across
[1:45:27] the street are going to be looking at this building
[1:45:29] for the rest of their duration.
[1:45:31] Thank you very much.
[1:45:39] [Applause]
[1:45:43] >> Rebecca B from Stonewall followed by Tom.
[1:45:47] >> I am Rebecca Bronson.
[1:45:48] I live in the Stonewall District.
[1:45:50] First of all I thank you all for the opportunity
[1:45:52] to speak here tonight and to voice our concerns
[1:45:55] over this particular project.
[1:45:56] I would also like to thank all of our many citizens
[1:46:01] who are so eloquent and have come out
[1:46:04] and had so many helpful things.
[1:46:08] Concerns to express.
[1:46:09] We are standing at a precipice here.
[1:46:13] We might not be dealing with the Valley link issue, had
[1:46:19] Northern Virginia had the information
[1:46:20] that we are now privileged to get about data centers.
[1:46:27] Why do we want to continue down that path?
[1:46:32] I realize that we might just be tilting at windmills here
[1:46:37] because this project has been in development for a very long time
[1:46:43] period you have to follow the law.
[1:46:46] But we are standing at a precipice.
[1:46:49] For that reason I would like to ask you all
[1:46:52] to decline this petition.
[1:46:53] Thank you very much.
[1:46:55] >> Thank you.
[1:46:59] [Applause]
[1:47:02] >> Tom Soulsby followed by Mark Steffler.
[1:47:04] >> Good evening come Mr. Chairman and members
[1:47:06] of the Planning Commission.
[1:47:08] My name is Tom farms I live in Opequon district.
[1:47:14] I am recommending the denial for Winchester Gateway LLC.
[1:47:19] In reviewing the applicant's August 19th letter I believe it
[1:47:22] is a master class of needle misdirection.
[1:47:24] The development entire argument hinges on a threat
[1:47:27] that if you don't give them the CUP
[1:47:29] we are going to build massive beright industrial sites
[1:47:34] instead.
[1:47:35] Do not be bullied.
[1:47:36] Know by right warehouse demands the massive power
[1:47:39] infrastructure, environmental destruction or 24/7 noise
[1:47:42] pollution that a data center does.
[1:47:44] The truth is Winchester Gateway is racing against the clock.
[1:47:48] They know the local and state regulatory frameworks
[1:47:50] we have are desperately lagging behind the explosive growth
[1:47:53] of data center development they know our current ordinances are
[1:47:56] not yet robust enough to protect the citizens
[1:47:59] from the unique threats these facilities pose.
[1:48:02] If you look at tonight's agenda comment
[1:48:04] you are voting on an ordinance amendment amendment
[1:48:06] to remove data centers from the code entirely.
[1:48:09] The applicant is rushing the project forward
[1:48:11] to slip through the gate early before the county finishes
[1:48:14] updating the governance to protect its people.
[1:48:17] Let's address the specific hollow claims
[1:48:19] they tell immunity report promising vast tax revenue
[1:48:22] and good paying jobs.
[1:48:23] This is an industry wide illusion in data centers.
[1:48:26] They are doc, automated holes that
[1:48:28] employed a skeleton crew often brought in from out of town
[1:48:32] by currently depressing surrounding residential property
[1:48:35] values.
[1:48:35] Claims that the noise will be lower than ambient levels, which
[1:48:38] is a road.
[1:48:39] Persistent 24 over seven low frequency mechanical drone from
[1:48:43] cooling systems and 39 train car size generators cannot be
[1:48:48] compared to normal community noise.
[1:48:49] No rooftop buffers are going to silence that reality
[1:48:52] for the families that live 330ft away.
[1:48:56] They mock our intelligence by calling their cooling chemicals
[1:48:59] food grade substance found in lipstick.
[1:49:01] It doesn't matter if it belongs on lips.
[1:49:03] We are talking about massive commercial volumes sitting
[1:49:06] on sensitive cars -- karst land landscape.
[1:49:12] No amount of paint or a berm will protect our local water
[1:49:17] security of the 11 acres of wetlands getting destroyed.
[1:49:20] Finally, they brag the funding power upgrades were already
[1:49:23] planned along route 37 and they are going to fund them.
[1:49:27] What they hide is the sheer scale of infrastructure
[1:49:29] they are forcing into the county.
[1:49:31] They are hyper accelerating transmission line expansions
[1:49:34] while keeping the county legally blind to the actual power
[1:49:37] draw that will be required.
[1:49:38] This developer is trying to exploit a lagging
[1:49:42] regulatory framework.
[1:49:44] Just to get a permanent destructive foothold
[1:49:47] in the community.
[1:49:47] Do not let them protect our homes come a history and water.
[1:49:59] .
[1:50:00] >> Mark's followed by Penny Smith.
[1:50:01] >> Ladies and gentlemen come on I know you guys are underpaid
[1:50:04] and barely making money.
[1:50:05] You love this county and that is why you are here.
[1:50:07] And we entrust you with the outcome.
[1:50:09] So far you have done a great job for us.
[1:50:12] Thank you for that.
[1:50:14] The positives on this.
[1:50:16] Pretty small list.
[1:50:19] 8 million, they say, once it gets going.
[1:50:23] Against the $400 million budget.
[1:50:25] That is well under 2%.
[1:50:28] It is going to go down to 1% as the county grows.
[1:50:31] There will not be any more data centers after this one anyways.
[1:50:34] And if we can help it.
[1:50:36] If you have not approved it.
[1:50:38] But I trust you will not. $8 million is not worth it.
[1:50:44] There is nothing at the county for this.
[1:50:46] There was only destruction, death, and sinkholes.
[1:50:49] We actually asking for a favor not building
[1:50:52] this because these sinkholes will cave in.
[1:50:55] When it caves in it will be a disaster for the county.
[1:50:59] It will happen.
[1:51:01] No one wants it.
[1:51:03] They don't want it.
[1:51:04] No one wants it.
[1:51:05] It is going to happen.
[1:51:07] The other thing is, the sinkhole.
[1:51:10] The negatives are a long list.
[1:51:12] Most have been covered.
[1:51:13] I wanted to focus on one thing because we had an invocation
[1:51:16] tonight.
[1:51:17] Prayer.
[1:51:17] When God created this world, he said that he created man
[1:51:22] just a little bit below angels.
[1:51:24] What matters is people.
[1:51:27] They want money, they worship money, that is their idol.
[1:51:32] That is fine.
[1:51:35] We as a community have to care about people.
[1:51:38] Human beings I want to focus on just the noise.
[1:51:41] My wife and I lived in Ashburn and got
[1:51:44] surrounded by data centers.
[1:51:46] Our neighborhood comedy Regency, will become a data center.
[1:51:50] The one that will be left six years ago
[1:51:51] to come to this fantastic county that I love.
[1:51:53] I feel more at home in this county
[1:51:55] than I ever felt anywhere in my entire life.
[1:51:58] I love the county.
[1:52:00] I defend it and invest in it left and right.
[1:52:03] The noise is going to kill these people.
[1:52:06] There is not just the ones across the street.
[1:52:09] I took a field trip and went out to the property today
[1:52:12] and I talked to a couple of people.
[1:52:14] I made some measurements.
[1:52:15] Noise measurements.
[1:52:18] There is a warehouse just down the street.
[1:52:21] The noise measurements there at the warehouse
[1:52:23] were the same as in front of people's homes
[1:52:26] that are right on Apple Valley.
[1:52:31] I estimate there is another 300 homes within 2000ft
[1:52:35] of the border.
[1:52:37] They are saying 65dB.
[1:52:39] Db c, the low level, there is not enough time to educate you,
[1:52:48] but go Google it.
[1:52:50] These wavelengths come at these low frequencies travel
[1:52:53] much longer and the air doesn't absorb them.
[1:52:56] When they leave -- it is db A when it leaves but it could be
[1:53:02] 70 or 80 of db c.
[1:53:03] That is the one -- injuring people,
[1:53:07] causing them not to sleep, get sick, cardiovascular problems.
[1:53:10] Google it.
[1:53:11] Indazol here out in the open.
[1:53:12] Do your homework on that and care about the people.
[1:53:14] I think that you will.
[1:53:16] I appreciate you.
[1:53:22] >> Thank you.
[1:53:22] >> Penny Smith, followed by Gregory Hubert.
[1:53:26] >> Good evening, Miss Smith.
[1:53:30] >> Penny Smith, Opequon district.
[1:53:32] We are all aware that the two criteria must
[1:53:36] be met to do approval tonight.
[1:53:39] The county code, or the zoning, and
[1:53:43] does it measure up to the requirements for the land.
[1:53:47] I am just going to list off why it doesn't.
[1:53:52] The large sinkhole, the flowing stream,
[1:53:54] the wetlands point to karst land.
[1:54:00] The lack of certified karst attorney
[1:54:04] to evaluate the land per state code.
[1:54:07] There are ghosts here.
[1:54:09] The American Indians, our forebears that died there.
[1:54:13] That is extremely important.
[1:54:16] Throughout -- drought.
[1:54:21] It was disingenuous for the water board
[1:54:22] to say there was enough water and the next week say
[1:54:25] to conserve water we have been in a drought for three years.
[1:54:28] More than that come at the global warming prediction
[1:54:31] states it will get much worse here.
[1:54:35] I am sorry, farmers, who are advocating.
[1:54:38] You must think long term.
[1:54:41] Battery Park has severe risk.
[1:54:44] Fire and thermal, toxic emissions,
[1:54:48] explosions, grid security, I don't want to take my time.
[1:54:53] It is too close to residential .
[1:54:59] The presenter says Battery Park is insufficient for their energy
[1:55:03] needs.
[1:55:04] Would that need generators all the time?
[1:55:07] Gas generators?
[1:55:08] How would they make it up?
[1:55:10] And then I wrote a little skit.
[1:55:15] I call my person an inanimate object or data center.
[1:55:23] I o.
[1:55:25] The setting is extreme doubt.
[1:55:28] I say I o, we need water.
[1:55:31] It has not been for a long time.
[1:55:33] The contractual agreements come I got 35 gallons of water a day.
[1:55:38] But we are thirsty.
[1:55:39] We are living.
[1:55:40] We cannot live without water.
[1:55:42] I need to be cool.
[1:55:44] Your water company promised us water.
[1:55:46] But we are living.
[1:55:47] We need water.
[1:55:49] Your contract --.
[1:55:52] Contractual agreements I get 35,000 gallons.
[1:55:54] We are contaminated now.
[1:55:55] I thought your company said the effluent would be taken away.
[1:55:59] To where?
[1:56:00] There is nowhere to take it.
[1:56:02] But you said you took it somewhere else.
[1:56:04] You can take it somewhere if you can find a place.
[1:56:07] We are thirsty, contaminated, having no mercy.
[1:56:11] What is mercy?
[1:56:12] I see into the homes nearby.
[1:56:13] I hear a six year old cry out, mommy I cannot sleep here do
[1:56:18] so noisy and my head hurts.
[1:56:20] There is another child with an asthma attack.
[1:56:22] Asthma can be severe in young children.
[1:56:25] Mommy, I cannot breathe.
[1:56:27] I will get your inhaler.
[1:56:29] Get the oxygen. It's really bad tonight.
[1:56:33] Call 911, he is turning blue.
[1:56:35] These are the reasons.
[1:56:37] These are all related to this plot of land.
[1:56:42] It is an inappropriate build.
[1:56:45] Deny it.
[1:56:47] >> Thank you, Miss Smith.
[1:56:55] [Applause]
[1:56:55] >> Gregory Hubert followed by Peggy Reed.
[1:56:56] >> My name is Gregory Hubert.
[1:56:58] I am a business owner here in Winchester.
[1:57:00] I have two locations.
[1:57:02] The primary argument that I heard from the applicant's
[1:57:05] representative is that the M1 zoning
[1:57:07] has a right of construction period
[1:57:08] and that their proposed use is better than that
[1:57:11] of a proposed industrial use.
[1:57:13] I spoke they spoke of the studies
[1:57:16] that they have done for noise, viewsheds, wetlands.
[1:57:18] I didn't hear anything about what
[1:57:20] good comes with this giant 72 acre data center.
[1:57:24] Not counting the 60 foot height, including
[1:57:28] the machinery on top, 42 class four diesel generators,
[1:57:32] that as stated previously, are the size of locomotives.
[1:57:35] Just in testing come on monthly they will burn 85,000 gallons
[1:57:39] of diesel fuel over two years.
[1:57:41] 72 acres of core battlefield land
[1:57:45] can turn into a giant electromagnetic eyesore
[1:57:48] and it is not something Frederick County needs.
[1:57:51] Walmart Supercenter uses about 5,000,000W yearly.
[1:57:53] 2 to 300 homes.
[1:57:55] This place is going to use about 80 million.
[1:57:59] That is 60,000 homes worth of power.
[1:58:01] The proposal says they will use 35,000 gallons of water a day
[1:58:05] equal that to 175 homes daily.
[1:58:08] The power and water bills of my two shops
[1:58:10] and that of my 20 employees has increased on average
[1:58:13] 21% up to 23% since 2022.
[1:58:17] Aren't we already in a fight against a high voltage
[1:58:20] passageway they are trying to take through the northern part
[1:58:22] of the county.
[1:58:23] I think we have joined a large suit against that.
[1:58:26] The city of Winchester has.
[1:58:28] What is the point of allowing something
[1:58:30] of this size to grow in the south part of the county.
[1:58:34] I would request that you vote no.
[1:58:39] Thank you for your time.
[1:58:40] >> Thank you.
[1:58:41] Peggy Reed come on followed by Tom Ruth.
[1:58:50] >> I am Peggy Reed and I am resident in Back Creek.
[1:58:53] Also one of the communities closest to where the data
[1:58:56] center might be built. We are hearing everybody
[1:58:59] speak about all of the concerns and the fears
[1:59:02] about the resources and the environment
[1:59:06] here in beautiful Frederick County.
[1:59:09] I haven't heard anybody say this tonight's come up but I think we
[1:59:14] all also say come out we don't want to be Loudoun County.
[1:59:18] I come originally from New York City.
[1:59:22] I like to also share other things that I
[1:59:26] don't think we want to be.
[1:59:28] Nobody is really talking about the fact
[1:59:30] that we already are an M1 light industrial zoned area.
[1:59:37] We don't want to be where there are abandoned warehouses
[1:59:44] like I saw in New York City.
[1:59:46] And we don't want to be where I lived for 18 years
[1:59:50] in Connecticut, in a small town where factories closed,
[1:59:55] and the young people moved away, and the older people could not
[2:00:01] afford higher taxes.
[2:00:02] Schools were underfunded.
[2:00:06] Property values were impacted .
[2:00:12] What was the bailout for that community?
[2:00:15] You don't want to have that here.
[2:00:17] It was an Amazon distribution center.
[2:00:20] While I lived in Connecticut, I worked at a data center.
[2:00:28] One that I think all of you would have
[2:00:30] actually said you would be proud to support.
[2:00:35] We supported the design and build of the nation's submarines
[2:00:40] and tanks.
[2:00:41] We did it in North Connecticut with no negative impact
[2:00:44] to the environment.
[2:00:46] The company coexisted.
[2:00:49] In 2004, I had the blessed opportunity
[2:00:54] to move to this beautiful community.
[2:00:59] I worked for a company whose main job is to find and provide
[2:01:06] health care across states and federal government guess what?
[2:01:13] That company in Ruston has its own data center
[2:01:17] right on premises.
[2:01:18] Whether we are talking about one data center here
[2:01:24] that might support many companies,
[2:01:28] or many companies who might move into this area
[2:01:34] with their own data centers, we are talking about real resource
[2:01:41] requirements.
[2:01:43] Your job is very complex.
[2:01:48] Your job should be devoid of any political fallout.
[2:01:53] You need to tell us if this county has the resources that we
[2:01:58] need to support industry.
[2:02:01] Any industry because whether it is a data
[2:02:04] center or any other one, they are going to use water,
[2:02:08] they are going to use electricity,
[2:02:10] and if they are multiple companies you have a data center
[2:02:14] type things, it is going to fall under the radar and the resource
[2:02:18] use is probably going to be worse.
[2:02:20] Thank you.
[2:02:28] >> Tom Ruth followed by Elizabeth Taylor.
[2:02:30] >> Good evening.
[2:02:31] My name is Tom Ruth.
[2:02:32] I am the Back Creek District resident.
[2:02:35] I live in Kernstown and I'm on the board
[2:02:37] member of the Kernstown Battlefield Association.
[2:02:39] I appreciate very much the work that you people do.
[2:02:43] I reluctantly recognize the need for data centers.
[2:02:47] However I strongly believe that they do not believe in --
[2:02:51] belong in residential areas or certain historic Viewsheds.
[2:02:54] Rather they should be located in Brownfield or industrial sites.
[2:02:58] Very disturbing was the information on April 12th 2024
[2:03:03] when Winchester start an article with Frederick supervisors
[2:03:07] approved more light industrial development near Kernstown.
[2:03:10] In the article it reads, in a vacant 72 acre property,
[2:03:14] 37 acres were already zoned M1.
[2:03:18] The developer, which is Winchester Gateway,
[2:03:21] wants to change the remaining 34 acres from rural to M1.
[2:03:27] Notice importantly to many of us here,
[2:03:31] the same article reads, according to the county
[2:03:33] documents, the 34 acres had remained rural
[2:03:37] while the other 37 acres were rezoned
[2:03:40] M1 to serve as a buffer between existing residential uses
[2:03:45] and the Kernstown battlefield to the east.
[2:03:49] It appears before being rezoned in April 2024,
[2:03:55] the county recognized the need for this rural buffer area.
[2:03:59] It was not until Winchester Gateway instigation
[2:04:02] of the zoning changed that was changed from rural to M1.
[2:04:07] The same article reads the zoning
[2:04:10] was approved despite uncertainty about how the property would
[2:04:13] be developed.
[2:04:14] It is certainly reasonable to believe that in April 2024,
[2:04:18] Winchester Gateway knew the end use would be a data center.
[2:04:21] I have a copy of the article if you would like to have it.
[2:04:24] I respectfully ask for the denial of this CUP.
[2:04:31] Thank you.
[2:04:33] >> Elizabeth Taylor followed by David Dixon.
[2:04:37] >> Elizabeth Aylor back Creek.
[2:04:39] I'm going to speak to you in my expertise, which
[2:04:41] is as a mother and a pollinator, garden and neighbor
[2:04:46] of this beautiful community.
[2:04:48] My children lay their heads right across the street
[2:04:50] from this data center.
[2:04:51] They go to school right down the street from this data center.
[2:04:55] They play football and baseball right
[2:04:57] across the street from this data center.
[2:04:59] Every single angle affects my children and their health.
[2:05:02] It affects my animals.
[2:05:04] It affects our pollinators.
[2:05:05] It affects our history it affects our culture.
[2:05:08] I speak as a mother that has worked her whole life
[2:05:12] through to the bone, blood, sweat and tears
[2:05:16] to get where I am at in my life.
[2:05:18] In middle age, finally getting stability and a lifetime,
[2:05:22] decades of having to struggle economically,
[2:05:25] education, moving around, housing crisis
[2:05:28] peer crisis after crisis.
[2:05:31] Every time I turn around, it is somebody trying to take from us.
[2:05:34] Somebody trying to come into our rural lands,
[2:05:37] disrupt our way of life and affect my private property.
[2:05:42] My privacy.
[2:05:43] I have friends across the street from this data center.
[2:05:46] Victory church feeds people.
[2:05:48] They have developed a sports program program for kids.
[2:05:50] They are some of the best people and they
[2:05:52] have to function with all of their beautiful community
[2:05:54] looking at the data center humming their lives away.
[2:05:57] Reports are coming out across the country
[2:05:59] that kids are getting brain cancer.
[2:06:01] Elementary schools are next to the low frequencies
[2:06:04] that Mark and other people have talked about.
[2:06:06] Seeds are not germinating.
[2:06:07] Water resources, these are my people and no offense
[2:06:16] you are coming in to develop my land and selling it to who?
[2:06:20] Somebody that can bomb us.
[2:06:21] What is going to be going through the data center.
[2:06:24] This is my life.
[2:06:26] I am a Virginian through and through
[2:06:28] and I ask you all to have common sense
[2:06:30] as we continue to plan and develop our strategies in order
[2:06:33] to weave in good partnerships.
[2:06:35] They spoke about putting a prison in.
[2:06:39] Threatening us with a prison or putting in manufacturing.
[2:06:44] Or putting in a data center.
[2:06:45] There are infinite ways we can develop this
[2:06:48] if we work together, Darius.
[2:06:50] We can sit here and build a community that
[2:06:54] is extraordinary we can weave things like Lesley's plans
[2:06:57] with incredible new business models.
[2:06:59] We can create partnerships that have
[2:07:01] longevity and sustainability, that could go for decades.
[2:07:04] Why don't we do creative things.
[2:07:06] We can make this extraordinary, if we think thoroughly
[2:07:10] and infinitely in the possibilities
[2:07:12] of how we want to explore all of these beautiful things.
[2:07:15] I beg of you, have mercy on me.
[2:07:17] I am just a poor woman that just wants to raise her children
[2:07:20] and sit in the back yard and look at the fireflies
[2:07:23] and look at the stars.
[2:07:24] Please protect me because I need protection
[2:07:26] and I need you all to stand up for us.
[2:07:29] Thank you.
[2:07:35] [Applause]
[2:07:39] >> David Dixon followed by Courtney Anderson.
[2:07:43] >> David Dixon, Stonewall district.
[2:07:45] These engineers can correct me if I'm wrong.
[2:07:47] Last I checked, the entire s vac region load is 275MW.
[2:07:53] This one data center is 160 Mega Center.
[2:07:58] If I am correct.
[2:08:00] The message is clear and simple.
[2:08:02] Data centers have no place in Frederick County.
[2:08:06] Our beautiful county is known for rich agriculture,
[2:08:09] sprawling land, tourism, and the beloved Apple Blossom Festival.
[2:08:14] Just to name a few things, you cannot and will not put a price
[2:08:19] tag against our resolve that our precious resources come
[2:08:24] specifically water, electricity, and land belong solely
[2:08:28] to the county and the residents here.
[2:08:31] As to the noise ordinance proposal,
[2:08:34] this county has long supported a culture
[2:08:38] of raising farm animals and fowl,
[2:08:40] and it should be a continued welcome way of life.
[2:08:44] This culture is a God given right.
[2:08:45] Any restrictions on that will ruin
[2:08:48] the livelihoods of many residents of the Stonewall
[2:08:51] district, near the Quarry, deserve
[2:08:53] to be prioritized for adequate buffer zones,
[2:08:55] since we are talking about buffer zones.
[2:08:57] To protect their land and livelihood.
[2:09:00] Clark County has been statistically
[2:09:03] fighting the installation of power lines
[2:09:05] through privately owned land.
[2:09:06] I move that Frederick and Clark counties join in the united
[2:09:11] front to forward off the threats to the treasured neighboring
[2:09:15] communities.
[2:09:15] Together we will be stronger and it needs to start now.
[2:09:18] We need your leadership.
[2:09:25] [Applause]
[2:09:26] >> Mr. Anderson followed by Erin Fox.
[2:09:31] >> My name is Charlene Anderson from the Shawnee District.
[2:09:35] I currently reside in the Shawnee District,
[2:09:38] but I was born, raised, and lived in Back Creek,
[2:09:42] specifically along middle road.
[2:09:44] I cannot say any more than what the rest of the people have
[2:09:47] said.
[2:09:47] That is a beautiful area.
[2:09:49] A rural area.
[2:09:51] Has -- historic area.
[2:09:53] A data center does not need to be built near subdivisions
[2:09:57] and houses in the rural community
[2:09:59] please find somewhere else to put it or deny it altogether.
[2:10:05] Keep our country and our county beautiful in this spot.
[2:10:10] Thank you.
[2:10:11] >> Thank you.
[2:10:14] >> Aaron Fox followed by Kurt Krieger.
[2:10:19] >> You've got to love public speaking.
[2:10:21] Aaron Fox come on back Creek District.
[2:10:23] I live on ten acres on Apple Valley Road
[2:10:25] where the Winchester Gateway project is proposed.
[2:10:27] My kids are actually the fourth generation to live there.
[2:10:30] Thank you all for carefully considering us,
[2:10:33] for those of us with homes nearby.
[2:10:35] I don't think that this project is
[2:10:36] appropriate for several reasons.
[2:10:38] The energy demands come at they conflict with the Comp plan,
[2:10:41] air quality concerns.
[2:10:42] The height of the buildings and the history.
[2:10:44] First, we, and you are not allowed
[2:10:47] to know how much power the data center needs
[2:10:49] or what it will take to take that much power to the site.
[2:10:51] Will it be new lines come a larger
[2:10:53] lines come more substations.
[2:10:54] None of us can know.
[2:10:56] What we do know is that our grid is in crisis.
[2:10:58] We are already having to fight the large inclines that are not
[2:11:02] intended to power our county.
[2:11:04] This is all happening because of irresponsible local approvals
[2:11:07] and poor planning and Northern Virginia.
[2:11:09] Nobody should have to or be able to put such a heavy burden
[2:11:12] on our neighbors like we are experiencing because
[2:11:14] of a conflict with the Comp plan,
[2:11:16] it is true that this area is marked for industrial use.
[2:11:18] It does align Therapeuic the Comp plan is so much
[2:11:21] more than the land use maps.
[2:11:23] Describes how we see the future of our county.
[2:11:24] It is a reminder of what matters to us.
[2:11:26] It keeps us responsible and true to our principles once we grow.
[2:11:30] Holds us accountable, but only if we
[2:11:32] let it begin the Business Development section the Comp
[2:11:35] plan reminds us that the county should be proactive in ensuring
[2:11:39] the resources necessary for business development
[2:11:41] or planned for in a viable way if you could ask us to remember
[2:11:44] that there is a finite capacity to the resources that must be
[2:11:47] managed accordingly it also nudges us back
[2:11:50] on the right path when we are distracted
[2:11:51] by tax revenue and less traffic, by clearly stating,
[2:11:55] overall a sound office and industrial business development
[2:11:58] strategy will result in the conservation
[2:11:59] of a variety of finite resources,
[2:12:02] and promote a high quality of life for citizens.
[2:12:04] Three times it mentions these standards.
[2:12:07] They matter to us.
[2:12:08] The power demands alone and is in stark contrast
[2:12:12] poor to the current area plan it mentions
[2:12:14] twice the focus of the area is specific for employment
[2:12:16] opportunities.
[2:12:17] If we are going to industrialize prime farmland,
[2:12:19] push up against residential areas, and use this power,
[2:12:23] it should provide plenty of local high wage jobs for guys
[2:12:25] for the height of the buildings, 60ft with rooftop equipment that
[2:12:29] could add additional ten feet it is too tall with our houses
[2:12:32] across the street.
[2:12:33] It will affect the historic experience.
[2:12:35] As for air quality, two members of my extended family on Apple
[2:12:39] Valley have respiratory issues.
[2:12:41] One is on oxygen. A recent study found one of these
[2:12:45] that these generators threaten local air quality.
[2:12:48] I heard they are no worse than the tractor trailers that pass
[2:12:51] by daily but why pilot on us.
[2:12:52] We have already taken one for the team with route 37
[2:12:55] right there.
[2:12:55] The phase one archeological study
[2:12:57] found two spots on their property near the spring.
[2:12:59] One where the potential for encountering intact features
[2:13:02] is high and the other where they found Native American tools
[2:13:05] and ceramics dating back to before Europeans arrived.
[2:13:08] A second study was recommended to establish National Register
[2:13:12] eligibility, but has not been conducted.
[2:13:14] I ask you to please deny your recommendation.
[2:13:18] Thank you.
[2:13:23] [Applause]
[2:13:26] >> Kurt Krieger followed by Katherine Compton.
[2:13:28] >> Good evening, members Kurt Krieger, Beck Creek district.
[2:13:32] I would like to recognize that I attended the HRAB meeting
[2:13:39] on April 17th where this was unanimously recommended,
[2:13:43] that it be unanimously denied.
[2:13:45] And then I attended the first of the Apple Valley Elementary
[2:13:48] School open houses on May 11th.
[2:13:51] I have taken the time to understand, I think.
[2:13:56] I read the entire 300 page package.
[2:14:01] I find three strikes on this.
[2:14:05] Together I recommend, strongly recommend
[2:14:09] that you deny this conditional use permit.
[2:14:12] First really turns on the 2023 result imbedded in the 2023
[2:14:18] rezone is the level one archeological survey,
[2:14:21] which concluded on page 45 and 46
[2:14:23] that level two reconnaissance be conducted
[2:14:30] sufficient to establish National Register eligibility.
[2:14:35] Why wouldn't the owner want more information about this site.
[2:14:39] They are hiding that information.
[2:14:41] They went to the HRAB and they were
[2:14:46] asked for something that was called for three years earlier.
[2:14:48] It is still not here today.
[2:14:50] You are being deceived.
[2:14:51] You are only getting partial Information about this site.
[2:14:55] The other deception, strike two, is
[2:14:59] that you have gotten some fairly generic graphic portraits
[2:15:06] of what that would look like.
[2:15:09] It happens in summer to.
[2:15:10] Do you notice that there are no leaves on the trees for more
[2:15:14] than half the year.
[2:15:15] Pritchard Hill is looking at a bank of trees featured in July.
[2:15:20] That is in full season.
[2:15:22] It is basically a trick to show you
[2:15:24] this will blend into the landscape.
[2:15:26] The staff and the HRAB both attempted
[2:15:32] to mitigate this with a 45 inch height which is indifferent.
[2:15:36] Not only is the property owner or developer
[2:15:39] indifferent to the historic value of the property,
[2:15:41] they are indifferent to the overall final appearance
[2:15:43] of the property.
[2:15:45] Third, the more critical, is public health, safety,
[2:15:50] and welfare.
[2:15:51] The other matters are concerned.
[2:15:52] They are not Disqualifiers.
[2:15:54] Public health, safety and welfare.
[2:15:56] The ambient noise and the particulate air pollution
[2:15:59] are clearly inconsistent with your standards
[2:16:04] and cause enough for this to be denied.
[2:16:07] I would not note that there is no safe level
[2:16:12] of particulate emissions from these generators
[2:16:14] and that DEQ, especially with regard to the Vantage Data
[2:16:19] Center in Sterling has proven itself not only
[2:16:22] to be incompetent with regard to public health,
[2:16:24] but really indifferent.
[2:16:26] Don't rely on the state to be enforcing a standard.
[2:16:30] It is up to you to deny this project.
[2:16:32] Thank you.
[2:16:39] [Applause]
[2:16:42] >> Compton followed by Theresa.
[2:16:48] >> My name is Katherine Compton.
[2:16:50] I live at the village for Harvest Ridge.
[2:16:52] It is between Middle Road and Cedar Creek grade.
[2:16:56] It was built on a wetland.
[2:16:59] It is only roughly a mile from where
[2:17:03] this data center is going in.
[2:17:06] Nearly all of us that live on Mikey Court
[2:17:10] deal with groundwater coming up in our crawl spaces.
[2:17:14] We have to have dehumidifiers.
[2:17:15] We have to have sump pumps.
[2:17:20] The neighbor who lives just one development over,
[2:17:24] all of those Fellows over there are on well water.
[2:17:29] I decided, since data centers are basically
[2:17:37] built to support artificial intelligence,
[2:17:39] that I should ask artificial intelligence whether we
[2:17:43] should have data centers.
[2:17:47] Data centers should never be located on karst terrain.
[2:17:55] That is what artificial intelligence says.
[2:17:58] It says that locating a data center on karst terrain
[2:18:05] well severe environmental risks related
[2:18:09] to groundwater contamination, sinkhole activation
[2:18:11] and complex underground drainage.
[2:18:14] Rapid groundwater contamination.
[2:18:18] Karst topography features sinkholes, fractures
[2:18:22] and underground channels that connect the land surface
[2:18:25] directly to the water table.
[2:18:27] Fuel leaks from diesel backup generators
[2:18:31] are chemical spills from cooling systems
[2:18:35] and can enter the drinking water aquifers almost instantly
[2:18:39] without natural soil filtration.
[2:18:43] Wastewater issues .
[2:18:47] Flushing or discharging treated or cooled water,
[2:18:50] or construction wastewater can introduce unexpected bacteria,
[2:18:56] or chemical additives directly into delicate subterranean
[2:19:01] ecosystems.
[2:19:02] Sinkhole formation and subsidence.
[2:19:06] Paving large areas and concentrating stormwater runoff
[2:19:12] into retention basins or drainage wells
[2:19:16] accelerates the natural dissolution
[2:19:19] of underlying limestone.
[2:19:21] Infiltrating water erodes the surface sediments down
[2:19:31] into bedrock voids come out triggering sudden ground
[2:19:36] collapse, or sinkholes underneath
[2:19:39] heavy industrial infrastructure, which is what a data center is.
[2:19:45] Fluctuations in local water tables
[2:19:48] caused by heavy double heavy pumping or shifting
[2:19:53] drainage patterns can destabilize the regular bedrock
[2:19:59] soil property.
[2:20:00] Unpredictable subsurface flow.
[2:20:04] Underground rivers.
[2:20:06] Water runs through karst conduits meaning pollutants can
[2:20:17] travel massive distances in a very short time period I would
[2:20:20] ask that --
[2:20:23] one of the other people here said
[2:20:26] you should have a geologist decide whether or not
[2:20:29] this thing should be built brick I don't think that has happened.
[2:20:33] I think it is absolutely crazy if you do it.
[2:20:41] [Applause]
[2:20:44] >> Teresa followed by Cynthia.
[2:20:48] >> I am from Back Creek.
[2:20:49] My name is Teresa Ostertag.
[2:20:51] Gateway is over 600 zero square feet with 42 generators
[2:20:57] on the original proffer.
[2:20:59] It said phase one.
[2:21:00] I will say come on Mr. Lawson seemed quite bold
[2:21:03] hinting at intimidation with what could be built
[2:21:06] and not even adjusting the 60 foot height
[2:21:09] without the chillers on top.
[2:21:11] You had asked for 40ft in height or to bury it.
[2:21:14] They offered nothing.
[2:21:15] Gateway is a problem.
[2:21:17] It is a problem to me in many ways.
[2:21:21] My mom is a heart patient.
[2:21:23] She is on oxygen. This would not be good for her health,
[2:21:29] but it is not just my mom.
[2:21:32] There are three senior subdivisions right
[2:21:34] across the street which have lots of heart patients.
[2:21:37] People on oxygen. People with fragile health.
[2:21:40] They matter.
[2:21:41] They may not be able to be here today, but they all matter.
[2:21:46] Sometimes they get lost in the shuffle of the busy day to day.
[2:21:50] Our lives are stressed to the max.
[2:21:52] I can hardly sleep thinking about this.
[2:21:56] The great -- grid is so bad right now.
[2:22:01] There are 381 data centers running in Virginia right now.
[2:22:04] There are 438 more that are not hooked into the grid.
[2:22:07] Let's talk about what could change in a month.
[2:22:10] Our governor could say, and mandate
[2:22:12] that they can have on site power generation because
[2:22:15] of grid issues.
[2:22:16] What does that do?
[2:22:18] It could allow gateway to have on site power generation, which
[2:22:22] would create more noise, air pollution, breathing disorders,
[2:22:25] and if you did not know, power generation also
[2:22:28] uses a lot of water.
[2:22:30] The people that vote these in do not
[2:22:32] care if there is clean water or air.
[2:22:37] People, speaking of on site power generation,
[2:22:41] Elon Musk two hyperscale data centers, colossus one and two
[2:22:46] outside of Memphis use gas turbines.
[2:22:48] The neighbors are allegedly sick and dying of asthma, bronchitis,
[2:22:52] COPD, pneumonia, and cancer.
[2:22:56] These are not things that can happen these
[2:23:00] are things that can happen.
[2:23:02] The internet has been cleaned up since a lot of this information
[2:23:05] came out.
[2:23:06] You try putting 40 gas turbines --
[2:23:09] I'm not saying they have 40 gas turbines but you get the idea.
[2:23:13] It is leaving fine particulate matter
[2:23:15] and you tell me that is good for your lungs or your projected
[2:23:18] lifespan.
[2:23:25] Do not fear a lawsuit.
[2:23:28] They didn't even attempt to change the height
[2:23:32] quite bold today.
[2:23:33] That is all that I have to say.
[2:23:35] But I thank you for listening because there
[2:23:38] are some great people here that I have spoke before me that
[2:23:41] are not as nervous as I am.
[2:23:42] I know that a lot of you take this very seriously.
[2:23:44] And I also know that you can say no
[2:23:47] and it will still go to the board.
[2:23:49] That is for everybody behind me to know.
[2:23:51] You can say no and they can still say yes.
[2:23:55] Thank you.
[2:24:01] [Applause]
[2:24:02] >> Cynthia Miller and that is the last person you currently
[2:24:04] have signed up come up Mr. Chairman.
[2:24:08] >> Thank you.
[2:24:09] Miss Miller.
[2:24:18] Chairman Stowe: Would any of the ones with written comments
[2:24:21] have anything additional they would like to share.
[2:24:23] This would be the time.
[2:24:28] Are you Miss Miller?
[2:24:31] >> My name is Charles but I am from the Gainsboro district.
[2:24:34] Thank you very much to all of you here tonight.
[2:24:40] We appreciate everything you are doing.
[2:24:42] I know you are not just here for the paycheck.
[2:24:46] One thing that I wanted to add that I have not heard tonight.
[2:24:50] I have heard a lot but I have not heard this.
[2:24:52] 29 years ago was the first data center built in Loudoun County.
[2:24:59] Today there are over close to 250 data centers
[2:25:04] just in Loudoun County.
[2:25:07] In 29 years, almost 250 data centers
[2:25:12] appear please do not do that to Frederick County.
[2:25:15] Do not set a precedent for Frederick County
[2:25:19] and destroy our county.
[2:25:21] Turn it down.
[2:25:28] Chairman Stowe: Thank you.
[2:25:30] >> My name is Alexander Ritter.
[2:25:32] I reside in the Opequon district.
[2:25:37] The CUP allows a zone ordinance not by right but certain --
[2:25:43] only if certain conditions are met.
[2:25:45] Unlike other states, Virginia considers conditional use
[2:25:48] permits to be legislative which brings broad discretion
[2:25:51] to reasonably deny.
[2:25:52] When you consider the application,
[2:25:54] I ask you to consider that the burden of proof
[2:25:57] is on the applicant to prove that your decision would
[2:25:59] be clearly unreasonable, arbitrary or capricious.
[2:26:03] That it bears no reasonable relation
[2:26:05] to the public health, safety, morals, or general welfare.
[2:26:10] Allow me to ask you this if this were a project that
[2:26:14] requires such strict conditions to avoid
[2:26:16] any potential impacts, is it that unreasonable to deny
[2:26:19] considering the planning staff have raised concerns
[2:26:21] about the uncertainty regarding the project,
[2:26:24] and the risks it could pose, is it worth it?
[2:26:27] As Kurt mentioned, you are being deceived.
[2:26:30] This project is a half big scheme from someone
[2:26:34] who is not a data center developer looking to profit
[2:26:36] from data center development.
[2:26:38] I have met him.
[2:26:39] What does he do?
[2:26:40] He is a banker and a land speculator.
[2:26:42] He is also unsuccessfully tried to take over mobile homes
[2:26:46] and evict them.
[2:26:47] He has built townhomes.
[2:26:49] I spoke with him at the open house
[2:26:51] and he could not answer a single question
[2:26:53] without referring to someone else.
[2:26:55] He had no idea.
[2:26:57] What data centers have they built?
[2:26:59] What projects have been built that demonstrated
[2:27:01] such good quality of the design?
[2:27:03] His track record shows a lack of transparency and ruthlessness
[2:27:07] towards others operating under the name Crescent Mobile
[2:27:11] Partners, he purchased a mobile home park,
[2:27:13] his goal was obviously to get rid of the park,
[2:27:16] even though residents had been there
[2:27:18] for years when he bought it, he refused
[2:27:20] to say whether he was going to sell or not.
[2:27:23] He sent the residents a letter saying
[2:27:25] the homes they own would be safe for at least
[2:27:28] another year after the sale closes.
[2:27:30] Were they?
[2:27:31] He did not even get the residents
[2:27:33] a means to contact him about updates about what is going on.
[2:27:37] The email address he provided so that residents could receive
[2:27:40] emails come up with future updates
[2:27:42] come up was not a working email address
[2:27:44] and that was corroborated by The Loudoun Times-mirror.
[2:27:47] Luckily those residents fought with unwavering strength
[2:27:51] and he backed out.
[2:27:53] Let me ask you, do we want someone
[2:27:56] like him developing in our county whose
[2:27:58] lack of trustworthiness calls those residents with nowhere
[2:28:02] else to go suffering.
[2:28:04] Are all of those conditions in the proffers
[2:28:06] are all of those things that developers
[2:28:09] promise going to be adhered to are they stated
[2:28:11] as shall and not may.
[2:28:13] Or any of the requirements going to be addressed in the proffers?
[2:28:16] Or is it that we will address it in the site plan.
[2:28:18] If it is addressed in the site plan,
[2:28:20] you may want to reconsider.
[2:28:22] With all of that said, I want to point out that regardless of
[2:28:25] whether or not it was zoned M1 years ago,
[2:28:28] data centers as they currently are were not a contemplated use.
[2:28:32] The is something the county grants.
[2:28:38] They have no right but to adhere to our values.
[2:28:46] >> I am Becky Rieger Gainsboro district.
[2:28:48] I think sitting here I was not going to comment tonight,
[2:28:51] but I felt like I wanted to know why
[2:28:54] we are allowing outside development companies to come
[2:28:56] and talk to us like this.
[2:28:58] To talk down to us, as if we should be grateful for a living
[2:29:02] wall or a higher berm because if you guys don't understand we
[2:29:06] are what a conditional use permit is.
[2:29:08] I recently intended the invite only Equus meeting held
[2:29:11] at the Clearbrook Fire Center.
[2:29:13] It was outside.
[2:29:14] I was not lucky enough to be one of the select few
[2:29:17] to get the invite.
[2:29:18] Like this company, Equus has also never built a data center
[2:29:22] before the only difference is these guys
[2:29:24] are from Virginia and Equus is from Pennsylvania
[2:29:27] and they gave us cookies.
[2:29:30] I heard the same argument tonight that I heard on August
[2:29:33] 25th.
[2:29:33] Which is come if we reject this proposal the land will
[2:29:37] be developed with a far less desirable project or perhaps
[2:29:39] a lawsuit.
[2:29:40] Either way, this is a tactic that residents
[2:29:42] have heard before.
[2:29:44] It is one that attempts to make our planning commissioners come
[2:29:46] a supervisors, and others feel like we do not
[2:29:49] have any choice here.
[2:29:50] Yield to an unwanted development out
[2:29:53] of fear of a hypothetical alternative or lawsuit
[2:29:55] undermines our community's involvement
[2:29:57] and deprives residents of a say in how our county grows.
[2:30:00] I am just here to ask you to please
[2:30:02] listen to your constituents.
[2:30:04] Do not bow to outside Development forces.
[2:30:05] Let them threaten you guys.
[2:30:07] But do what is right for our community and future.
[2:30:11] Thank you.
[2:30:17] [Applause]
[2:30:21] >> Hello.
[2:30:21] My name is Jack Tinsley and I'm from the Gainsboro district.
[2:30:26] I've got to tell you Chairman Stoke I'm originally
[2:30:31] I was trying to stand up to tell you all how grateful I
[2:30:34] am that you listen to us and have
[2:30:37] back and forth conversation.
[2:30:38] You share your opinions, unlike the board.
[2:30:41] That is what I meant to say earlier.
[2:30:43] I'm not going to take it personally.
[2:30:45] I know you didn't mean it like that.
[2:30:49] First off thank you.
[2:30:51] The Planning Commission has not been shy about sharing
[2:30:53] individual opinions about data centers, etc..
[2:30:56] Voting unanimously against recommending Equus
[2:30:59] gave many of us hope and breathe a sigh of relief.
[2:31:02] That was really good.
[2:31:02] I'm going to ask you again to recommend a denial for this data
[2:31:06] center.
[2:31:07] In June of 2025, the commission sent gateway application
[2:31:12] for various reasons.
[2:31:14] You had good concerns.
[2:31:15] I'm just hoping that you all really look
[2:31:17] to make sure that they are addressing those concerns.
[2:31:21] Which after listening, I do not think that they have.
[2:31:25] Obviously I think it is kind of cringey to be showing
[2:31:27] up over and over again, asking for access here
[2:31:30] please let us come hang out at your backyard.
[2:31:32] We do not want them here.
[2:31:34] Nobody back here wants them here.
[2:31:37] No offense.
[2:31:38] We don't want the data centers.
[2:31:40] That is really what it comes down to
[2:31:42] at the end of all of this.
[2:31:44] Something else come up with my one minute and 30 left,
[2:31:48] there has been a lot of climate related disaster.
[2:31:52] I think we just lived through four heat domes in the area
[2:31:56] up here plus all of the droughts.
[2:31:57] Everyone has spoke on that.
[2:31:59] Did you guys see the glacier that fell off and caused
[2:32:02] the huge flood.
[2:32:03] And then the one in the Grand Canyon.
[2:32:05] And then the one in Indiana, where Gary
[2:32:08] was without power for 14 days.
[2:32:10] I don't know if you saw all of that.
[2:32:12] We have climate devastation happening.
[2:32:15] Data centers use 25% of Virginia's energy.
[2:32:18] Which is also related to gas use which
[2:32:22] increases climate disaster.
[2:32:24] You don't really have to listen to me.
[2:32:27] Please listen to what everybody else said.
[2:32:29] Lizzie had a really strong argument
[2:32:31] that I think hit me in my soul.
[2:32:33] Hopefully that will touch you all.
[2:32:36] There is something bigger about a CUP
[2:32:43] that I wanted the record here tonight
[2:32:45] we are going to talk about it as property is offering to be used
[2:32:48] but you are going to be recommending
[2:32:49] the approval or denial of a building, not a tenant.
[2:32:52] That is really important because we don't know necessarily
[2:32:55] who is leasing it, what will run inside
[2:32:57] of it, who the customer will be, what they
[2:32:59] will do with the data center.
[2:33:00] Once it is built, it is not coming back to the public.
[2:33:03] We don't get to talk to them about how they use what is
[2:33:06] happening in the data center.
[2:33:08] Not to this commission, not the Board of supervisors,
[2:33:10] and nobody else in this room.
[2:33:13] It is not a little thing to hand over to a data center company
[2:33:18] which harvests all of our data where we travel, etc..
[2:33:22] I'm going to respect the clock.
[2:33:24] Please vote no.
[2:33:25] I do not recommend approval of this.
[2:33:29] Thank you.
[2:33:36] [Applause]
[2:33:36] >> Good evening Commission members and Mr.
[2:33:38] Chairman my name is Brian and I'm a resident of the Opequon
[2:33:41] district.
[2:33:42] I am a positive person and I've heard
[2:33:44] a lot of people saying no tonight
[2:33:45] and I'm kind of getting tired of it
[2:33:47] I want to turn the page a little bit because let's say yes come
[2:33:50] on but in order to do that, we have to turn the clock back
[2:33:54] to 2019.
[2:33:55] The Board of Supervisors had a proposal for the Blackburn farm
[2:33:59] property.
[2:34:00] Ironically enough come at that exact same spot,
[2:34:03] to put up workforce housing about 200 units of income
[2:34:08] control from 35 to $49,000 income.
[2:34:12] Small starter family homes.
[2:34:15] The Board of Supervisors refused to change the zoning,
[2:34:20] in order to maintain industrial.
[2:34:21] One of the arguments was, people drive in and out
[2:34:24] all of the time.
[2:34:25] What do you think an industrial zone will do?
[2:34:30] After we have denied the CUP let's
[2:34:35] talk about rezoning the area.
[2:34:38] I know that I would rather see 200 homes.
[2:34:40] 200 people building equity.
[2:34:42] 200 people having the dignity to have their own space,
[2:34:46] than 14 people working in a 100,000 square foot data center.
[2:34:52] Let's start looking ahead and say yes
[2:34:54] to better housing in Frederick County.
[2:34:56] Thank you.
[2:35:02] [Applause]
[2:35:06] >> Good evening, I am Steve, Beck Creek district.
[2:35:08] I did not prepare any remarks.
[2:35:10] I am actually happy to yield the remainder of my time
[2:35:13] to any of you guys to answer any of the questions
[2:35:16] or concerns that were brought up tonight
[2:35:18] because we spent about 15 or 20 minutes talking about berms
[2:35:21] and trees.
[2:35:22] I don't think that answers anything
[2:35:23] people are concerned about.
[2:35:25] Anybody?
[2:35:26] You've got three minutes.
[2:35:28] It's All yours.
[2:35:30] Okay.
[2:35:30] I didn't think so.
[2:35:32] I think that pretty much says sums up how we all feel.
[2:35:37] We brought up very legitimate concerns
[2:35:39] over the last several months.
[2:35:40] Not just tonight.
[2:35:41] I was at the Board of Supervisors meeting in August.
[2:35:44] I reiterated a lot of this to them as well.
[2:35:47] I don't have a whole lot else to say other
[2:35:50] than I don't think that is anything
[2:35:52] that I can add that hasn't already been said,
[2:35:55] or you don't already know.
[2:35:56] This is not something that we want.
[2:35:58] It is very clear.
[2:36:00] Everybody on this planning commission, and the board
[2:36:03] works for us.
[2:36:04] You don't really have much of a choice in this.
[2:36:07] The choice has been made.
[2:36:08] That's all that I have to say.
[2:36:10] Thank you.
[2:36:17] [Applause]
[2:36:18] >> I appreciate the time.
[2:36:19] My name is Randy Leach with the Back Creek District.
[2:36:22] When this property was up for rezoning it
[2:36:26] had so many red flags, that it should have never
[2:36:29] been rezoned to start with.
[2:36:31] One of the issues is the traffic study.
[2:36:33] It states an increase of 2777 additional vehicle trips per day
[2:36:39] up and down Apple Valley Road.
[2:36:44] Even VDOT has concerns about this Valley
[2:36:48] is lined from one end to the other
[2:36:50] with residential homes and 255 plus communities.
[2:36:54] These residents especially the ones in the 55 plus communities,
[2:36:58] have worked hard, saved their money
[2:37:01] and purchased homes here to live out the rest of their lives
[2:37:05] in golden peace and quiet.
[2:37:07] But according to the document and the Board of Supervisors
[2:37:09] found the rezoning to be in the best interest of public health,
[2:37:13] safety and welfare.
[2:37:15] Seriously.
[2:37:16] 2777 additional vehicle trips per day
[2:37:20] past all of these homes and 55 plus communities
[2:37:25] is in their best interest this is what you call not
[2:37:28] being in touch with the people.
[2:37:31] I had the opportunity to speak with one
[2:37:34] of the owners of this property.
[2:37:37] We were going back and forth about the noise issues.
[2:37:41] He eventually looked at me and said
[2:37:45] we are already approved for a 40 day warehouse.
[2:37:48] We can put that in place and then
[2:37:50] you will have tractor trailers running up and down your road
[2:37:52] 24 over seven.
[2:37:53] These are the kind of people we are dealing with here not
[2:37:56] to mention that every chance they get,
[2:37:58] they like to use the traffic numbers,
[2:38:01] as well as what they can build by right as intimidation
[2:38:05] tactics.
[2:38:06] They discussed it over and over again at the June work session.
[2:38:11] So no matter what, this developer and this property,
[2:38:17] there needs to be measures in place
[2:38:19] to restrict the amount of traffic on Apple Valley Road.
[2:38:23] If the comprehensive plan needs to be
[2:38:26] updated to keep Apple Valley Road two lanes in order
[2:38:29] to minimize traffic, that would be a good start.
[2:38:31] You have to be proactive at this.
[2:38:33] You have to keep ten steps ahead of these people at all times.
[2:38:38] When it comes to data centers and it
[2:38:40] comes to developers that like to use exploitation
[2:38:43] and intimidation tactics against the people of Frederick County,
[2:38:47] in order to get what they want, you
[2:38:49] need to send them a very strong message that
[2:38:51] is we do not need them here and we definitely
[2:38:54] do not want them here.
[2:38:55] That is it.
[2:38:56] Thank you.
[2:39:00] [Applause]
[2:39:06] Chairman Stowe: I do not see anyone else queued up
[2:39:08] to speak I will close public hearing.
[2:39:10] Mr. Lawson would you care to respond to any of these comments
[2:39:12] here briefly.
[2:39:15] >> Briefly.
[2:39:16] I appreciate the comments.
[2:39:18] One of our slides pointed out and reminded me,
[2:39:23] we actually had seven community meetings and a bus tour.
[2:39:29] A couple of ladies actually spoke about that.
[2:39:32] I really appreciate that.
[2:39:33] We have heard a lot of comments.
[2:39:35] You all have heard a lot of comments.
[2:39:38] I said at the beginning, and I think
[2:39:41] it is appropriate to wrap up with, Thee talking about
[2:39:47] industrial is not intimidation.
[2:39:49] It is what we are.
[2:39:51] It is the standard against which we
[2:39:55] measure this one proposed use.
[2:39:58] This conditional use for a data center.
[2:40:03] And understand the comments and I understand the discussion.
[2:40:09] You will have something on your agenda about the future,
[2:40:11] the county, and will be -- whether there will or will not
[2:40:16] be data centers.
[2:40:16] Those are not the issues that we are faced with here,
[2:40:20] and what we are doing, and the standards we are following.
[2:40:23] I want to point out that not only is our use significantly
[2:40:30] less impactful than the M1, objectively, not subjectively.
[2:40:38] Objectively through measurements, decibels,
[2:40:41] Et-cetera.
[2:40:42] Mr. Klein did a great job of running
[2:40:45] through the conditions of the staffs recommended conditions.
[2:40:48] And I believe we are in sync, all
[2:40:53] with the exception of the height.
[2:40:55] What we have done is, and we have taken all kinds of efforts
[2:41:00] to mitigate the height, but we have kept the height the same.
[2:41:05] Objectively applying standards, we are not going higher than
[2:41:10] 60ft.
[2:41:10] We are at the same level.
[2:41:13] That condition by itself, objectively
[2:41:16] satisfies the standard.
[2:41:19] Nobody talked about it, but we were
[2:41:23] mindful of comments about power lines across the county.
[2:41:26] And certainly we are aware of Valley Link and all of that.
[2:41:30] We actually added a condition that
[2:41:33] said we will stay to construct this facility,
[2:41:37] and this runs with land, and these
[2:41:39] are conditions that are binding on whoever owns this property.
[2:41:42] That we will stay within the current easement corridors.
[2:41:48] We heard you.
[2:41:49] We don't want you or this thing to create or generate
[2:41:54] new easements across the county.
[2:41:57] It will not.
[2:41:57] It is a condition That binds this property.
[2:42:00] Again, we are proud of the work that has been done.
[2:42:06] Working with staff and with you all, and with board members
[2:42:11] to assure that the conditions that have been proposed, frankly
[2:42:16] come out we don't just meet the standard of M1.
[2:42:19] We go well below the impact standards of M1.
[2:42:23] And we look forward to your recommendation.
[2:42:26] Thank you.
[2:42:32] Chairman Stowe: Thank you, sir.
[2:42:34] Mr. Klein.
[2:42:35] >> Mr. Chairman this is a conditional use permit request
[2:42:38] to enable the data center on 71 acres of property presently
[2:42:41] zoned M1.
[2:42:42] As we noted, there are positives for your consideration
[2:42:46] and also concerns.
[2:42:47] Staff has recommended set of conditions.
[2:42:50] We look for your action this evening.
[2:42:52] That would conclude my remarks.
[2:42:54] Thank you Mr. Chairman.
[2:42:57] Chairman Stowe: Planning commissioners
[2:42:59] comment this is our time to discuss this.
[2:43:01] I will begin to my left.
[2:43:02] Comments discussing anything anyone wants to say.
[2:43:08] To my right?
[2:43:19] >> Mr. Chairman, I believe we recommend the Board
[2:43:21] of Supervisors deny conditional use permit 0326.
[2:43:29] >> We have a motion, is there a second?
[2:43:31] >> Second.
[2:43:33] >> We have a second is there any further discussion?
[2:43:36] A yes vote on this is a recommendation for denial
[2:43:40] yes vote is a recommendation of denial.
[2:43:50] [Members Voting]
[2:43:59] Chairman Stowe: Chair votes yes aye motion carries.
[2:44:01] This goes to the Board of Supervisors
[2:44:03] to be determined with a recommendation for denial.
[2:44:05] Thank you very much to all of that --
[2:44:09] those who have participated.[Cheers
[2:44:16] and applause]
[2:45:49] Chairman Stowe: Folks if you could move on out
[2:45:54] into the hallway come out we would appreciate it.
[2:45:56] We have to carry on with several more items here.
[2:46:26] Chairman Stowe: Moving on to nine C. Amendment
[2:46:27] to the Frederick County Code.
[2:46:29] Mr. Bishop, are you going to lead us
[2:46:30] through this quick expediently.
[2:46:36] >> Unless we get going on the history of transportation
[2:46:39] I'm not too known for my verbosity.
[2:46:41] As you noted, this is the ordinance amendment
[2:46:44] to potentially remove data centers from the ordinance
[2:46:47] should it follow through and be adopted
[2:46:48] by the Board of Supervisors.
[2:46:49] This is a proposal to amend chapter 165 Zoning
[2:46:52] Ordinance to remove data centers as a permit or conditional use
[2:46:55] in certain zoning districts and to remove other references
[2:46:59] to data centers.
[2:47:00] This item was authorized by a resolution by the Board
[2:47:03] of Supervisors on August 12th 2026.
[2:47:06] The current standard is that data centers are permitted
[2:47:10] by right, only in the TM technology
[2:47:12] Manufacturing Park zoning district,
[2:47:15] and they are also allowed as a conditional use
[2:47:17] in the B3, m1 and M2 zoning districts.
[2:47:21] There is, of course, a definition
[2:47:24] of data centers in your ordinance,
[2:47:27] and also supplemental use requirements.
[2:47:30] Those current requirements for data centers
[2:47:32] were adopted by the Board of Supervisors in April 2025.
[2:47:38] In summary, the DRC did discuss this on August 22nd and offered
[2:47:44] comments for consideration by the Planning Commission.
[2:47:47] The comments included one committee member
[2:47:52] noting they would rather see an outright prohibition,
[2:47:56] and another committee member that noted that removing them
[2:47:58] was probably not a good idea.
[2:48:00] Other than that, there was fairly little discussion.
[2:48:04] This item is presented for public hearing this evening.
[2:48:07] I would also note that county Attorney Fox is here
[2:48:11] this evening.
[2:48:12] If we get deep enough into legal weeds,
[2:48:14] he will be here to chop the weeds down for us.
[2:48:18] And further, I would note, that he has prepared in coordination
[2:48:22] with staff, and outside counsel an assistance memo that tries
[2:48:27] to address a number of the questions that were brought up
[2:48:30] both on August 12th, when the board authorized the action
[2:48:34] to begin, and since then, in various other conversations that
[2:48:39] have taken place.
[2:48:42] Your diocese as well was added to the agenda at the county data
[2:48:46] Center portal.
[2:48:46] We also have count -- copies that were distributed this
[2:48:51] evening to the public that wanted to take them as they came
[2:48:53] in.
[2:48:54] We are seeking a recommendation following the public hearing
[2:48:56] from the Planning Commission to the Board of Supervisors.
[2:49:03] Any questions to Mr. Bishop, to my right?
[2:49:06] To my left?
[2:49:12] Chairman Stowe: Mr. Fox thank you for the memo.
[2:49:14] After I read it for the third time, I was good.
[2:49:16] Not an attorney.
[2:49:18] This is a public hearing.
[2:49:20] Anyone who would like to speak to this matter, this
[2:49:22] would be the time to do so.
[2:49:24] We ask that you please limit your comments
[2:49:26] to three minutes or less state your name and magisterial
[2:49:29] district.
[2:49:29] I know that we did have one person with online comments.
[2:49:32] Ted McFadden.
[2:49:36] And there is a sign up sheet.
[2:49:39] Mr. Bishop, take it away.
[2:49:43] >> First speaker is Arthur Christian followed by Jennifer
[2:49:46] Smith.
[2:49:49] >> My name is Arthur Christian.
[2:49:52] I am from Winchester, that way.
[2:49:55] I am personally recommended -- recommending that you say yes
[2:50:01] to remove this item from the Frederick County Code.
[2:50:07] If it wasn't there we would not have
[2:50:12] had this whole big discussion in the first place.
[2:50:14] That is all I have to say.
[2:50:15] Thank you very much.
[2:50:18] Chairman Stowe: Thank you.
[2:50:21] We -- >> We have Jennifer Smith and I'm not making light
[2:50:26] of your name I cannot read it.
[2:50:28] I believe your initials are L and S
[2:50:32] and you are the Opequon district.
[2:50:33] If you have not heard your name called and you have signed up,
[2:50:36] it is you we are looking for.
[2:50:44] Chairman Stowe: Is Jennifer Smith still here?
[2:50:50] >> Ls.
[2:50:54] >> I'm Sharon.
[2:50:55] >> You are next on the sign up.
[2:50:57] >> Thank you for sticking with us, by the way.
[2:50:59] I know that not everybody did.
[2:51:01] Mr. Chairman come on members of The Planning commission,
[2:51:04] I live in the Opequon district.
[2:51:08] Like you, I've listened to residents voice concerns
[2:51:12] about data centers, very real concerns about noise
[2:51:16] both audible and inaudible.
[2:51:18] Kind you cannot hear.
[2:51:20] It is unhealthy nonetheless.
[2:51:23] The drain on our electric grid.
[2:51:25] The risk to our water supply, which
[2:51:27] is already in drought status.
[2:51:29] The danger to our health, our livestock, our property values,
[2:51:33] and to our very quality of life.
[2:51:36] As they cite I was looking at a study out
[2:51:45] of the University of California, they
[2:51:47] said getting a 100 word answer from AI,
[2:51:50] which I did several times today, I used a bottle of water.
[2:51:53] A bottle of water for a 100 word answer from AI.
[2:51:58] Imagine the exponential use of water for the data centers.
[2:52:05] I am opposed to data center that's have been
[2:52:08] proposed for Frederick County.
[2:52:10] Frankly, I am no longer sure who my opposition is.
[2:52:13] The billionaires funding these data centers without regard
[2:52:17] to the consequences?
[2:52:19] China enticing us to compete in the artificial intelligence
[2:52:23] race?
[2:52:24] Or is it you?
[2:52:25] The Planning Commission, who voted against the proposed
[2:52:28] Clearbrook data center, yet has not explicitly
[2:52:31] stated in the amended zoning ordinance
[2:52:33] that data centers are prohibited.
[2:52:36] While I am glad and grateful for your vote, without the clarity,
[2:52:41] I fear developers will find a loophole
[2:52:43] and work around it to build data centers for clarity matters.
[2:52:46] It is essential that Frederick County have a revised zoning
[2:52:51] ordinance that clearly states its intent
[2:52:53] and the will of its residents.
[2:52:56] Simple deletions don't do it.
[2:52:58] It is equally important that data center be defined.
[2:53:01] I know that data center definition was not
[2:53:07] present in the amended ordinance.
[2:53:10] The argument made by the county Attorney that
[2:53:12] would be difficult to craft a definition that was broad enough
[2:53:16] to encompass all data centers baffles me.
[2:53:20] Others in general municipalities and counties
[2:53:23] appear to have done so.
[2:53:24] Perhaps we should borrow from them.
[2:53:27] This much is clear.
[2:53:28] There is a great deal of complexity
[2:53:30] in deciding whether to permit a given data
[2:53:33] center and or where it should be built.
[2:53:37] While I respect members of the Planning Commission
[2:53:40] and members of the Board of Supervisors,
[2:53:41] how can you possibly make an informed decision on data
[2:53:45] centers now without considerable study.
[2:53:47] A clear change in the zoning ordinance
[2:53:49] will provide time for that much needed study.
[2:53:53] You will be able to consult with experts
[2:53:55] and investigate best practices, if or when
[2:53:58] a data center is built in Frederick County Commission
[2:54:02] members will be able to articulate their positions
[2:54:04] and respond to resident concerns.
[2:54:07] I'll stop there.
[2:54:11] >> Thank you.
[2:54:12] Next we have Karen Moreland, followed by Rebecca B
[2:54:16] from the Stonewall District.
[2:54:25] >> I am Karen Moreland.
[2:54:26] I am from the Back Creek District.
[2:54:27] I support the proposed amendment change to remove data centers
[2:54:34] from our zoning information.
[2:54:43] Basically, the whole flight from tonight ,
[2:54:48] we could have had this comment before it's.
[2:54:51] I think it is almost as important as what we just
[2:54:55] sat through.
[2:54:57] Removing them completely from the data
[2:55:05] that every applicant has used to fight against the public
[2:55:08] is probably the best way to fight the war against the data
[2:55:13] centers.
[2:55:14] I would hope that you would look into this further,
[2:55:18] the legalities of it, how we can join the other municipalities
[2:55:21] in the state.
[2:55:23] Thank you.
[2:55:24] >> Thank you.
[2:55:28] >> Rebecca B followed by Elizabeth Aylor.
[2:55:36] >> Rebecca Bronson, Stonewall district.
[2:55:37] Once again I just wanted to reiterate.
[2:55:39] We just sat through an hour and a half, two hours
[2:55:42] of people laying it out.
[2:55:44] I support removing data centers as a permitted use.
[2:55:48] Again, because, had we known what Loudon knows,
[2:55:54] we might not be fight Valley link.
[2:55:58] Now we know and we have the opportunity
[2:56:02] to step away from that and to not further engage.
[2:56:08] Not further endanger our resources.
[2:56:16] We have wonderful, natural History here.
[2:56:20] Lots of people have talked about everything.
[2:56:23] There really isn't much left to say
[2:56:25] that has not already been said.
[2:56:27] But we do stand at the precipice.
[2:56:29] I am thrilled that you are taking this up.
[2:56:34] I am thrilled that this is a possibility for us to decide.
[2:56:39] Let's go ahead and take these out of the mix.
[2:56:44] We need the water.
[2:56:46] We don't need God knows how big of a transmission line
[2:56:52] coming through here.
[2:56:53] We don't need any of that.
[2:56:56] Do you really need an AI summary of your Washington Post
[2:57:00] comments?
[2:57:00] For how many gallons of water?
[2:57:04] That has how many gallons of water
[2:57:06] that you are not going to flush toilet with.
[2:57:09] You might need that someday.
[2:57:10] Thank you very much.
[2:57:13] >> Elizabeth Taylor followed by Charlene Anderson.
[2:57:16] I believe I saw her leave.
[2:57:18] I will also mention after her is Teresa.
[2:57:24] >> Elizabeth Aylor come on back Creek.
[2:57:26] Firstly, I really love recommending
[2:57:28] removing it from the ordinance.
[2:57:30] I know that we keep language intentionally vague
[2:57:33] in order to mitigate litigation.
[2:57:35] I think Jax talked about this before.
[2:57:38] I'm challenging all of us, the great people of Appalachia
[2:57:41] and the Shenandoah Valley, as Virginians and Americans,
[2:57:44] not only to declare that we don't want data centers,
[2:57:47] but to stand up and fight against them.
[2:57:51] Here as they think, my friend said about the Great Valley
[2:57:56] Alliance, we are powerful in numbers.
[2:57:58] This is not the first thing that will come down the pike.
[2:58:01] We have climate change, we have wars
[2:58:03] going on all over the country.
[2:58:05] We have economic crisis as.
[2:58:06] We have one out of four Americans before the poverty
[2:58:09] or out of work.
[2:58:11] We have major issues approaching us as a society.
[2:58:13] Artificial intelligence.
[2:58:14] We talk about industry that we want
[2:58:16] to bring into our neighborhoods.
[2:58:17] We have no idea what the future holds next year,
[2:58:20] let alone ten years from now.
[2:58:22] We are the people here.
[2:58:24] I think that instead of saying come on do this, ambiguous this,
[2:58:29] leave it out at that.
[2:58:30] Fight.
[2:58:31] Stand up and fight.
[2:58:32] Are we afraid of litigation?
[2:58:34] Are we afraid of corporate people
[2:58:35] trying to shake us down and tell us what to do?
[2:58:38] Are we afraid of inviting people in partnerships
[2:58:40] into our communities.
[2:58:41] We need to be taking aggressive stances together
[2:58:44] because if we build out solidarity between all
[2:58:47] of our other counties and work in the great Shenandoah Valley
[2:58:50] Alliance, we can protect our sacred land.
[2:58:53] Our sacred honor.
[2:58:55] Our heritage as stewards of this land.
[2:58:59] We need to preserve the spirit we
[2:59:01] need to convince people to keep our land to keep our water
[2:59:05] and resources.
[2:59:05] If you are looking around the nation,
[2:59:07] it is drying out to the bone.
[2:59:09] Where are they going to come?
[2:59:10] We have industry we can build off of the natural resources
[2:59:14] itself.
[2:59:14] We can grow a potato from a potato,
[2:59:17] and honor ourselves, honor the land,
[2:59:19] and build solidarity together.
[2:59:20] I say do not just take it out of the ordinance.
[2:59:23] I say that we stand up and fight together.
[2:59:25] We build out new opportunities for us
[2:59:27] to unite and unify culturally, together, and protect
[2:59:31] our amazing resources in this incredible land and heritages.
[2:59:35] Thank you.
[2:59:38] >> Charlene Anderson, if you are here come on followed by Teresa.
[2:59:42] I don't think she is here.
[2:59:44] In case I didn't see her I wanted
[2:59:47] to make sure that I said it.
[2:59:49] >> Teresa Ostertag come on Back Creek.
[2:59:53] I have a timeline.
[2:59:55] Let's start with July 8th.
[2:59:57] On July 8th, John Jewell drafted the motion to have a public
[3:00:01] hearing to work on removing the data center ordinance,
[3:00:04] which made the entire room burst into a standing ovation.
[3:00:07] What did that do to the movement?
[3:00:08] It gave people time to breathe and feel safer and more heard.
[3:00:12] What else did it do?
[3:00:13] It took a lot of the energy propelling the movement.
[3:00:16] We were working on getting three of our people elected
[3:00:20] in November and the chairman seat, Gainsborough Seat and Back
[3:00:24] Creek seat on the board.
[3:00:26] I think they would call that a job well done
[3:00:28] because it took your attention off of that
[3:00:31] and they don't want to lose their seats.
[3:00:33] Truly, don't want to listen to us either,
[3:00:37] on July 23rd during a joint work session for the Big Comp Plan
[3:00:44] update, a planner said I'm not going to name names,
[3:00:49] someone directed me to include high energy use facilities
[3:00:52] on the Comp plan, which includes utility corridors, substations,
[3:00:57] data centers and tech corridors.
[3:01:00] On August 12th, a board member said the state may make us add
[3:01:09] data center ordinance back in.
[3:01:10] That they will not have control over it.
[3:01:12] Then he asked the planners if they
[3:01:14] could add the electrical corridor on the Comp plan update
[3:01:18] by November.
[3:01:20] To me, what appears to be, is they
[3:01:24] are preparing to add the data center ordinance back in.
[3:01:28] On the same day, someone said to me,
[3:01:33] at the end of the day you do not get a vote you
[3:01:37] vote through your board member.
[3:01:39] The only thing that I know to do is to tell you to vote.
[3:01:42] Vote in November.
[3:01:43] Tell your neighbors and your friends and your relatives
[3:01:46] to vote.
[3:01:47] There are three seats open.
[3:01:50] Get familiar with what you can and cannot do.
[3:01:52] Your vote does matter.
[3:01:55] These videos are on protect Frederick
[3:01:58] if anyone wants to see them.
[3:02:06] >> Thank you.
[3:02:07] >> That is the end of the signups.
[3:02:08] Anyone else care to speak .
[3:02:16] >> Hello again come on my name is Alexander Ritter and I reside
[3:02:18] in the Opequon district.
[3:02:20] I am here today to talk about the August 31st memo.
[3:02:28] I want to briefly mention that earlier last week I
[3:02:33] have emailed with Mr. Fox on this matter
[3:02:36] and I felt his explanation was less than satisfactory.
[3:02:40] And in fact he included things in that email that
[3:02:43] were not in the current memo.
[3:02:45] Not satisfied, I decided I wanted to field communications
[3:02:51] about the ordinance draft.
[3:02:53] One of the documents I -- received was a legal opinion
[3:02:58] Micheal O picky outside counsel from Spielman law firm dated
[3:03:01] August 13th.
[3:03:02] It was his correspondence.
[3:03:03] In that email, the outside counsel
[3:03:06] starts with this statement.
[3:03:07] There are two types of zoning ordinances.
[3:03:10] Inclusive, which permits only the uses specifically allowed
[3:03:13] and exclusive which prohibits specified
[3:03:15] uses and permits all others.
[3:03:17] Citing the 1968 case Wiley versus Hanover City.
[3:03:21] Lockerby states some localities, ordinance uses both forms,
[3:03:25] in all three including hybrid ordinances
[3:03:28] that incorporate both inclusive and exclusive zoning.
[3:03:30] And are recognized as valid.
[3:03:33] It even explains that our zoning ordinance
[3:03:35] contains a usage provided section
[3:03:37] that not ordinances have.
[3:03:39] Provides an example case, which I
[3:03:41] brought with me, Madison County versus Gaffney,
[3:03:44] of how that use has played out in court.
[3:03:47] Which I believed he mentioned in the memo.
[3:03:49] He also fails to mention that the ordinance does not
[3:03:54] look like our ordinance.
[3:03:55] It has a specific prohibition clause in it that it is not
[3:04:00] anything that is explicitly not -- is prohibited.
[3:04:06] Ours does not say that anywhere.
[3:04:09] Lockerbie argued that it is not applicable
[3:04:14] because Frederick County ordinance is not
[3:04:17] structured similarly.
[3:04:20] It includes inclusive zoning as a default
[3:04:24] but the ordinance is not by default necessarily inclusive.
[3:04:27] Recognizes this, which is why in the email
[3:04:29] he pivots to the recitals and whereas clauses
[3:04:31] that are recited by courts and officials
[3:04:33] to interpret the official purpose of legislation.
[3:04:36] Had come to the conclusion that the intent of the board
[3:04:40] to prohibit data centers.
[3:04:42] If the intent is to prohibit data centers,
[3:04:44] why does the word prohibit never appear anywhere in the clauses.
[3:04:48] Removal has the same meaning?
[3:04:50] It doesn't say removal from all district,
[3:04:53] but from certain districts.
[3:04:55] Fox argument that it is unambiguous as to the intent .
[3:05:12] I appreciate it thank you.
[3:05:20] >> Good evening.
[3:05:20] Jack Tinsley, Gainsboro district.
[3:05:23] Thank you all for your previous vote.
[3:05:26] Just 15 minutes ago.
[3:05:27] I really appreciate it.
[3:05:29] I think everybody did.
[3:05:31] We all clapped.
[3:05:32] I am here to ask you to recommend removing data centers
[3:05:34] as a permitted use countywide.
[3:05:35] I have some reasons why.
[3:05:37] We are not arguing with you all.
[3:05:40] We are not arguing with each other.
[3:05:41] I think we are arguing with private companies that
[3:05:43] have the federal government in their pocket.
[3:05:45] That is the same way every large private company has
[3:05:49] the federal government in its pocket
[3:05:52] through lobbying, kickbacks and outright bribes.
[3:05:54] I'm going to get a little political here hopefully
[3:05:56] that is okay in this political space.
[3:05:58] Two days ago the president posted
[3:06:00] that the only reason a community wouldn't want data centers
[3:06:03] is if they wanted to end up backwards and poor.
[3:06:06] In Republican Congress member from Tennessee responded back
[3:06:09] to him, I guess I am backwards and poor.
[3:06:11] A Fox News poll found 60% of Republicans and 3% of voters
[3:06:17] opposed the project this is not a left versus right issue.
[3:06:21] This is a top versus bottom and I'm
[3:06:24] going to talk about what the top thinks about us.
[3:06:26] And I include you all.
[3:06:27] I don't know what your economic backgrounds are.
[3:06:30] I know that Elon Musk spelled $280 million
[3:06:33] on the last election.
[3:06:35] Within months his people had access to the Social Security
[3:06:38] Administration systems.
[3:06:39] Our numbers come a medical records a bank info, all
[3:06:42] of that.
[3:06:43] His team had.
[3:06:44] These were teenagers.
[3:06:46] The Supreme Court let that happen.
[3:06:48] Another billionaire, the CEO of Shopify,
[3:06:52] endorsed a system that would be based
[3:06:54] on how come income tax you pay zero votes if you pay none.
[3:06:58] Five votes if you pay half a million.
[3:07:00] Said the retirees on a pension should not vote either.
[3:07:03] He called them dependents.
[3:07:05] The same as children.
[3:07:07] Those are quotes.
[3:07:08] Nobody in this room voted for either of those people.
[3:07:11] Those are the kinds of people that
[3:07:12] would be running servers out of data centers
[3:07:15] in Frederick County.
[3:07:16] This has to be categorical.
[3:07:18] In West Virginia, House Bill 2014
[3:07:21] stripped counties of the authority
[3:07:22] to regulate where data centers go and how they are used.
[3:07:26] Not environmentalists.
[3:07:26] Not liberals.
[3:07:28] The legislature for money.
[3:07:31] Here in Virginia, researchers from the University
[3:07:34] of Mary Washington found 25 out of 31 localities with data
[3:07:39] centers signed NDAs with the companies.
[3:07:41] That is zero transparency for money.
[3:07:44] These buildings are where surveillance live.
[3:07:48] Virginia Tech professor who studies this says the buildings
[3:07:50] are used by the federal government, which I don't trust,
[3:07:53] and its contractors.
[3:07:55] One of the agencies paid Palantir $31 for --
[3:08:00] $30 million for a system that without safeguards can come
[3:08:03] at will and has been used against citizens.
[3:08:05] The software runs in the buildings
[3:08:07] and we don't have a say on how it is used.
[3:08:09] Worst, it is already here.
[3:08:10] The Frederick County Sheriff's Department
[3:08:12] applied for a grant with the Department of Justice
[3:08:14] for automated Drones to respond to calls flying
[3:08:16] over homes and businesses.
[3:08:18] Winchester City is starting up its own drone program.
[3:08:21] That is federal money with none of our say last year flock
[3:08:25] built a system that listened for human voices.
[3:08:28] Any of the tools can be used against any people
[3:08:32] in the population.
[3:08:34] These are tech billionaires.
[3:08:35] They are cronies, including our government.
[3:08:38] If they decide anybody is out of line,
[3:08:41] they want us in line, jumping.
[3:08:43] Not asking how high.
[3:08:44] These are the systems they are going
[3:08:47] to use to create an authoritarian government
[3:08:50] to police us.
[3:08:51] Thank you.
[3:08:52] Thank you ahead of time for voting for this.
[3:09:05] >> Good evening my name is Linda Harris and.
[3:09:07] I reside in the Stonewall District.
[3:09:09] There is a saying that there is a place for everything
[3:09:12] and everything has its place, or something like that.
[3:09:15] I personally believe that data centers are a necessary evil.
[3:09:19] We have just come to that point.
[3:09:22] The one that came around today I thought,
[3:09:27] it is just in the wrong place.
[3:09:30] There are too many houses there.
[3:09:32] I grew up on Middle Road.
[3:09:35] There are too many houses out there.
[3:09:37] They need to be in places where they
[3:09:40] won't collide with residences and fit in more
[3:09:44] with the territory around it.
[3:09:45] I just wanted you all to know that I think they are needed,
[3:09:50] they are.
[3:09:50] They just have to be in the right place.
[3:09:54] Thank you.
[3:10:03] >> Leslie Spencer from Gainsboro.
[3:10:05] Thank you very much.
[3:10:06] I support removing the data center ordinance.
[3:10:08] I hope that we inspire every county in Virginia
[3:10:12] to do the same.
[3:10:14] Enough is enough.
[3:10:16] There are too many and we are carrying a lot.
[3:10:18] A lot of the internet add up here dear data Center investors.
[3:10:23] You are amazing.
[3:10:25] I love you a lot, but this research really opened my eyes.
[3:10:29] I thought we were helping nature and saving farmland together.
[3:10:33] Now I see that you have emerged as the biggest threat
[3:10:37] to that future.
[3:10:39] You were born in this great country.
[3:10:41] Became a giant.
[3:10:43] It is like you grew up and went out into the world.
[3:10:47] You need to bring such vanguard innovations back home.
[3:10:52] In Denmark you are cooling by heating thousands of homes
[3:10:56] all throughout Europe.
[3:10:58] In Paris, the same.
[3:11:00] Plus the big pool.
[3:11:03] In no way your sustainability signs with green energy,
[3:11:07] geothermal cooling and home to some of the most beautiful data
[3:11:11] centers ever built. Overseas, there are data centers with open
[3:11:16] and shared community spaces cafes common gardens
[3:11:19] common greenhouses, and even museums.
[3:11:22] There are some living green walls and roofs here in America.
[3:11:26] And a few geothermal to.
[3:11:29] In Georgia you are even using treated gray water
[3:11:32] from outside of your sources.
[3:11:34] There is mostly just industrial sprawl.
[3:11:37] Where overseas you are often always so much more beautiful
[3:11:41] and have a much smaller footprint.
[3:11:43] Why not do all of these things in America.
[3:11:46] Maybe an old rock by burying yourself in geothermal hills
[3:11:52] and becoming a grassland for a threatened.
[3:11:55] Maybe your Superfund sites.
[3:11:58] You must say far from rural America.
[3:12:00] Clean watersheds, nature, and our feud secure --
[3:12:07] food security and farmlands.
[3:12:08] I invite you to work with federal and state communities
[3:12:11] come on conservationists, dreamers and locals.
[3:12:14] Collaborate the right way.
[3:12:16] Dream big.
[3:12:17] Get creative.
[3:12:19] Ask kids, but also mature more.
[3:12:22] I want you to build better when you
[3:12:24] are ready to become a legend.
[3:12:26] I want to see American data centers finally
[3:12:30] on the world's best list.
[3:12:33] Where world leaders come to here to see the legacy
[3:12:37] you built and inspire the world to do better.
[3:12:40] When you are ready to give back, save farmland, dark skies,
[3:12:44] nature, on site forever and ever.
[3:12:47] Then you are ready to collaborate and make this work.
[3:12:50] Thank you.
[3:13:03] >> Good evening.
[3:13:04] My name is Vicki and I am in the Stonewall District.
[3:13:06] I am in favor --
[3:13:10] I have not been drinking back there, really.
[3:13:12] I am in favor, very much, of a resolution
[3:13:15] to remove data centers from our comprehensive plan.
[3:13:19] I am not an attorney, but I do not trust simply
[3:13:24] removing all reference to them.
[3:13:26] It is kind of like tearing down statues.
[3:13:29] If we don't know what we've done in the past,
[3:13:32] we are doomed to repeat the past.
[3:13:34] I do not trust this.
[3:13:36] But if we do not have a data center listed and defined,
[3:13:41] and prohibited in the different zones,
[3:13:44] that there will not be a loophole
[3:13:46] then we will be back through this again.
[3:13:48] I thoroughly appreciate every one of you
[3:13:52] far more than I ever knew.
[3:13:53] Because I am getting tired of coming out every evening
[3:13:57] and going to the historic resources
[3:14:01] and to the Planning Commission and Board of Supervisors.
[3:14:04] I want my life back.
[3:14:06] I want to make sure that whatever you do tonight,
[3:14:10] make sure there are no loopholes.
[3:14:13] Make sure that we are not doing something
[3:14:15] that is going to cause us to be right back in the same place
[3:14:18] a year from now.
[3:14:19] I do appreciate every one of you so much more
[3:14:22] than I did a year ago.
[3:14:24] I am tired of coming.
[3:14:25] Thank you.
[3:14:32] >> I don't see anyone else coming up to speak.
[3:14:34] Aaron's going to prove me wrong.
[3:14:38] >> Aaron Fox come on back Creek.
[3:14:40] I didn't prepare anything and it is an hour past my bedtime.
[3:14:43] I do support an ordinance amendment.
[3:14:45] I do want to see them removed as a use.
[3:14:48] I am also concerned with if this is airtight or not.
[3:14:54] Like Vicki said, I am not an attorney
[3:14:56] but I have been in discussion with someone
[3:14:58] who is consulting with an outside land use attorney.
[3:15:01] I've read statements by Mr. Fox and talked to planning.
[3:15:04] It seems like maybe things are not as clear as they should be.
[3:15:08] While I want to see this happen soon,
[3:15:09] I also don't want us to rush this.
[3:15:11] I am not sure what else to say about that other than to say
[3:15:16] come on please take that into consideration.
[3:15:18] Thank you.
[3:15:19] >> Thank you.
[3:15:22] Chairman Stowe: Seeing no one else,
[3:15:26] I will close the public hearing.
[3:15:27] Mr. Bishop, anything you want to add?
[3:15:31] >> I have nothing to add.
[3:15:32] We have Mr. Fox here this evening,
[3:15:34] should you have any additional details specifically
[3:15:37] legal questions, I can try to address
[3:15:40] from a zoning perspective.
[3:15:42] I can talk about land use cases if you need me to.
[3:15:46] Other than that, I think you have everything before you.
[3:15:51] Chairman Stowe: Did you want to add anything, Mr. Fox.
[3:15:55] I don't think it's necessary but I want
[3:15:57] to afford you the opportunity.
[3:15:59] >> Just to add or amplify, I think Virginia --
[3:16:04] and when it comes to land use law,
[3:16:07] Virginia counties are kind of like.
[3:16:08] They are all going on the road from point A to point B
[3:16:12] but they are very different in how they are constructed.
[3:16:14] I have consulted with an outside attorney.
[3:16:16] It is the same outside attorney that
[3:16:18] consulted with the Berkeley Group
[3:16:19] to overhaul our zoning ordinance.
[3:16:21] Is very familiar with our zoning ordinance.
[3:16:23] Is very familiar with zoning ordinance
[3:16:25] from other part of the state.
[3:16:26] He has absolutely correct when he
[3:16:28] said there were different types of zoning ordinances
[3:16:30] and there are different approaches.
[3:16:32] There is no such thing as airtight
[3:16:34] when it comes to land use law and zoning.
[3:16:37] If there was, you wouldn't need me here
[3:16:41] and you wouldn't need other lawyers
[3:16:43] and other people wouldn't need lawyers to argue about it.
[3:16:46] We are trying to do what the unambiguous direction
[3:16:50] of the Board of Supervisors was to do.
[3:16:53] We are trying to do it as well as we can.
[3:16:58] Just yesterday, my colleague in Loudoun County,
[3:17:01] who has been doing this almost twice as long
[3:17:03] as I have, and I have been doing it a pretty long time,
[3:17:06] was directed to basically do the same thing we are doing.
[3:17:10] But they have over 20 applications in the pipeline.
[3:17:13] And they are Loudoun County.
[3:17:15] He has been given a little over a month
[3:17:17] to come back and tell them how to do that.
[3:17:20] It is unusual to remove a use.
[3:17:23] We are trying to do everything we can,
[3:17:27] bringing in outside experts, considering every possibility.
[3:17:30] We are asking you to move this forward.
[3:17:33] We are not -- we are going to continue to work on it to tweak
[3:17:39] it and make it as airtight as possible as we move towards
[3:17:41] the Board of Supervisors meeting on the 23rd.
[3:17:44] There is no question that we are not
[3:17:47] trying to build any fault into this edifice.
[3:17:49] We are trying to do it exactly as the board directed.
[3:17:52] I'm happy to any -- answer any specific questions.
[3:17:58] Thank you very much, sir.
[3:18:01] This leads us to planning discussion.
[3:18:09] >>.
[3:18:10] You are saying there's no way possible to remove loopholes?
[3:18:16] >> That would be my legal opinion.
[3:18:19] Chairman Stowe: I think if there were no loopholes we wouldn't
[3:18:22] need courts or attorneys.
[3:18:28] Council Member Whitacre: I think we'd
[3:18:30] need to do a lot more research on this.
[3:18:31] I don't believe in the impossible.
[3:18:37] Chairman Stowe: Anyone else have a comment all right
[3:18:40] come on Mr. Kerns.
[3:18:42] >> If members of the Planning Commission could humor me.
[3:18:45] I'm very normally short with my questions
[3:18:47] and try to get to the point.
[3:18:48] I've done a lot of research on this and a lot of thought
[3:18:51] on this and I do have a couple of comments lined up.
[3:18:54] If you could please humor me.
[3:18:57] I spent a lot of time on this and this is not a comment
[3:19:04] that I wanted to make on the because I
[3:19:11] don't think it is applicable.
[3:19:13] That is something we deal with on an individual basis.
[3:19:18] This is more on the outright banning,
[3:19:22] effectively banning a use.
[3:19:26] I hesitantly bring up a couple of points.
[3:19:30] They are at the national level, but they speak exactly
[3:19:32] to what we are talking about right now.
[3:19:34] I think they are relevant to this.
[3:19:37] I will try to go through them quickly.
[3:19:39] In July of last year, the president of the United States
[3:19:42] signed executive order 14318 which
[3:19:44] is titled Accelerating Federal Permitting of Data Center
[3:19:47] infrastructure.
[3:19:47] The purpose of which is stated as, and this is a quote,
[3:19:52] my administration has inaugurated a golden age
[3:19:54] for American manufacturing and technological dominance
[3:19:57] but we will pursue bold large scale industrial plans
[3:20:00] to develop the United States further
[3:20:02] into the lead on critical practices
[3:20:04] and technologies essential to national security,
[3:20:07] economic prosperity, and scientific leadership.
[3:20:09] These plans include artificial intelligence data centers
[3:20:13] and infrastructure that powers them,
[3:20:15] including high voltage transmission
[3:20:16] lines and other equipment.
[3:20:18] Will be a priority of my administration
[3:20:20] to facilitate the rapid and efficient buildout
[3:20:22] of this infrastructure by easing federal regulatory burdens.
[3:20:26] And then it goes on for six pages with definitions
[3:20:28] and other things.
[3:20:29] You can look this up.
[3:20:31] It is on the white House website.
[3:20:33] In addition, based on numerous online resources
[3:20:36] that are easily out there.
[3:20:38] You can find them on the military website.
[3:20:40] They are all out there.
[3:20:42] The United States military actively
[3:20:44] uses ChatGPT, Gemini, the maiden smart system and other custom AI
[3:20:52] tools.
[3:20:52] In January of this year the Secretary of Defense of War
[3:20:56] directed a memorandum to senior leadership
[3:20:58] to accelerate America's military AI
[3:21:01] dominance to this end, aligned with America's action plan
[3:21:04] I directed the Department of War to accelerate the military AI
[3:21:08] dominance by becoming an AI first war fighting
[3:21:11] force across all components from front to back.
[3:21:14] Now we have laid out at the federal level,
[3:21:17] the presidential level, the importance of AI
[3:21:20] and the infrastructure to national security
[3:21:22] and the military.
[3:21:24] And then come out Monday of this week,
[3:21:26] I am sure we have probably read this
[3:21:28] and we just heard a short snippet of the quote,
[3:21:30] but the president did make this following statement.
[3:21:33] I think it is directly exactly on things
[3:21:36] like where we are here.
[3:21:37] This is a direct quote.
[3:21:39] The only reason the communities throughout the United States
[3:21:41] should not want data centers is if they want to end up
[3:21:44] being backwards and poor.
[3:21:45] If they want to be successful and rich with far lower taxes
[3:21:48] and jobs all over the place, let data rain.
[3:21:51] I bring that up, not at a political point in any way,
[3:21:55] but to point out to the fact that at the federal level
[3:21:57] and the presidential level, data centers and data center
[3:22:01] infrastructure is a very high priority.
[3:22:04] I think that is relevant for this discussion tonight
[3:22:08] and for the public to understand that.
[3:22:11] Is that influencing my decision or stance?
[3:22:14] No.
[3:22:14] I am not saying that.
[3:22:16] I just want everyone to know that it's happening
[3:22:20] and this is at the federal level that
[3:22:24] controls funding and all sorts of things up there.
[3:22:27] I just wanted to point that out.
[3:22:29] My question specifically on this, down to this level,
[3:22:33] I feel we have a mechanism in place
[3:22:36] that we used 15 minutes ago.
[3:22:37] We have used it a couple of times now.
[3:22:40] I think it has worked great.
[3:22:42] Yes, it involves a lot of public input, which I think
[3:22:46] is fantastic.
[3:22:47] I think it has engaged a lot of people who have never been
[3:22:50] engaged in government before.
[3:22:51] I think it is a good thing.
[3:22:53] I enjoy seeing that.
[3:22:54] I like people coming out here.
[3:22:56] I think we have the process in place where we can stop this.
[3:23:00] There is a mechanism in place.
[3:23:02] We have used it.
[3:23:03] We just used it.
[3:23:05] It will go to the Board of Supervisors.
[3:23:06] You will take that up at the Board of Supervisors level.
[3:23:09] I think that is in place.
[3:23:11] I agree that removing the TM zoning, we do not need that.
[3:23:16] It is superfluous to have it in there.
[3:23:19] It creates another loophole.
[3:23:20] I don't think it should be there.
[3:23:22] But the CUP that we have in place and now
[3:23:36] does what it is supposed to do.
[3:23:37] I believe that a local body should not
[3:23:39] act based on fear or emotion.
[3:23:44] I think they should be proactive.
[3:23:45] I don't think they should be over reactive.
[3:23:48] I feel that we were a -- pro reactive last year in making
[3:23:53] the CUP and removing the data centers.
[3:23:59] I think we have done the right thing.
[3:24:01] We have the process in place.
[3:24:03] We have just seen that it works this year.
[3:24:05] I like that process.
[3:24:06] I worry that if we overreact and completely remove the use, what
[3:24:11] are we telling developers.
[3:24:12] We are telling developers to shut the door.
[3:24:15] If we leave the door a tiny bit open,
[3:24:18] do we have the opportunity to then say,
[3:24:22] these project are not good enough, innovate, do better.
[3:24:26] Right now they are not good enough.
[3:24:28] In a year from now, six months from now,
[3:24:31] I don't know what technology will be.
[3:24:33] But I feel if we leave the CUP door open a little bit,
[3:24:39] we are demanding that you do better bring something
[3:24:41] better to us that will not have these impacts it will not
[3:24:44] have the impact on the water or electricity because it possible?
[3:24:47] It is possible.
[3:24:48] I think it has been done around the world.
[3:24:50] There are small examples of it.
[3:24:52] I think there is technology coming we do not know about.
[3:24:55] That is just my take on it.
[3:24:57] I know it is probably not of the majority.
[3:24:59] But I just felt like I have done a lot of research
[3:25:03] on this and a lot of thinking on this.
[3:25:06] That was all.
[3:25:07] Thank you.
[3:25:16] >> I fear that we will get stampeded into the Keronian
[3:25:18] action that will result in some statewide or federal level
[3:25:24] action that local communities will lose all prerogatives.
[3:25:30] When we start prohibiting something or taking something
[3:25:33] out of the ordinance that really contributes
[3:25:36] to the national security of this country.
[3:25:39] I don't think any of us want China
[3:25:41] in charge of all of our data.
[3:25:44] Having said that I think we need to take
[3:25:47] this out of our ordinance now and prepare
[3:25:49] for the future at a later date.
[3:25:57] >> I would like to elaborate.
[3:25:58] I agree with you.
[3:25:59] We need to take it out of the ordinance.
[3:26:01] Data is a national security.
[3:26:03] I am not against national security.
[3:26:04] I am against where you are putting it.
[3:26:07] How much easier it is to defend it
[3:26:11] where forces are closer to it.
[3:26:13] Cutting the lines through here to bring energy there.
[3:26:18] Put the energy over there.
[3:26:21] Why would we be wasteful and destroy
[3:26:24] another national security issue.
[3:26:27] Food.
[3:26:28] And banning, outright banning and leaving out
[3:26:33] all of the loopholes to deny data centers
[3:26:34] is not shutting the door to other industry.
[3:26:48] Council Member Markert: I agree and obviously I voted yes
[3:26:49] I agree with what we are doing.
[3:26:50] I just want to make sure -- in my opinion, we need AI.
[3:26:57] We need data centers.
[3:26:59] If we don't do this, all of the AI
[3:27:01] that will be in the commercial marketplace for us to use
[3:27:06] will be from China, with their bias and their backdoors
[3:27:12] and whatever.
[3:27:14] It is not realistic to ban data centers.
[3:27:21] Tonight's, this conversation is jumping from denying one data
[3:27:26] center to banning them all.
[3:27:28] I don't think it's wise at all to ban them all.
[3:27:37] The federal government come out from what you guys just said,
[3:27:41] in support of that, could very well overturn what we are doing.
[3:27:46] We need to be ready with guardrails.
[3:27:48] We need to be ready, if they say no,
[3:27:54] Frederick County you cannot do that.
[3:27:56] You cannot deny data centers.
[3:27:57] It is a national emergency.
[3:27:59] Okay.
[3:28:02] Then we have to have a set of ordinances that says
[3:28:05] they need to be underground.
[3:28:07] They need to be 5000ft from my residence that is occupied.
[3:28:11] They need to be on competent ground, not this current stuff
[3:28:16] that we have.
[3:28:17] And probably half a dozen other things
[3:28:20] that we could put in an ordinance that says if we ever
[3:28:27] have a situation where we were forced to have data centers,
[3:28:32] we would have to set a rule that makes them good neighbors.
[3:28:36] If -- what is a good neighbor it is somebody that is unintrusive
[3:28:41] to you, doesn't impact you, helps you when you need help.
[3:28:48] And it contributes to the neighborhood.
[3:28:52] There may well be cases in Frederick County that
[3:28:58] are far enough away where it will be a good neighbor
[3:29:03] and meet the ordinances that we have in place.
[3:29:05] We don't have them in place right now.
[3:29:15] Chairman Stowe:
[3:29:15] Chairman Stowe: Anything else to my left.
[3:29:17] I will agree.
[3:29:21] >> I will agree.
[3:29:22] Just every -- so many people came up to the microphone very
[3:29:27] few people had more than pad and paper.
[3:29:29] I think in the right place with the right infrastructure we
[3:29:34] are not set for it right now.
[3:29:36] We do not have the power and capabilities
[3:29:38] to do what was proposed.
[3:29:41] Again, technology keeps changing.
[3:29:44] Who knows what is going to power the data
[3:29:46] center in a year or two.
[3:29:48] But I do like the CUP process because it
[3:29:56] does give the public input on how it is sited.
[3:30:01] >> Mr. Chairman, can I make a recommendation?
[3:30:04] >> Please.
[3:30:06] >> I move to recommend that the Board of Supervisors approve
[3:30:09] the ordinance modification, item nine C to remove data centers
[3:30:13] as permitted and or conditional use and to remove other
[3:30:18] references to data centers, including definitions
[3:30:21] and additional regulations for specific uses.
[3:30:26] >> Second.
[3:30:27] >> We have a motion and a second any additional discussion?
[3:30:40] >> A yes vote is removal of data centers.
[3:30:49] [Members Voting]
[3:30:54] motion carries.
[3:30:58] Chairman Stowe: This will go to the Board of Supervisors
[3:31:02] on September 23rd.
[3:31:06] >> Thank you come on Mister Chairman.
[3:31:08] As a follow up to the last item this was also a direct that came
[3:31:11] from the Board of Supervisors that came on August 12th, 2026.
[3:31:13] That was the proposal to amend chapter 165 zoning
[3:31:17] Ordinance to remove the term, technology and manufacturing
[3:31:21] part zoning district and other references to the TM Zoning
[3:31:25] District from the ordinance which are outlined
[3:31:28] in your packet, which will I will not
[3:31:30] try to enumerate here because it is throughout their.
[3:31:33] The TM district was crafted to provide
[3:31:36] areas for economic development authority, targeted industries,
[3:31:40] data centers, offices, low impact industrial center
[3:31:44] and manufacturing uses which do not
[3:31:45] create significant noise beyond the property lines, smoke, dust,
[3:31:49] or other hazards.
[3:31:50] I am reading the intent from the original ordinance.
[3:31:53] The district designed to function
[3:31:56] as a business campus like setting with direct access
[3:31:59] to major transportation network and rail facilities,
[3:32:02] and areas where there is availability
[3:32:04] or close proximity to over electrical transmission lines
[3:32:08] the current conditions were adopted in 2024.
[3:32:12] That is what became of your former Om zoning district.
[3:32:17] The requested action this evening
[3:32:22] is an action, recommendation to the Board of Supervisors.
[3:32:29] The DRC did discuss this on the August 27th meeting they did not
[3:32:33] have any comments on this the item is presented for public
[3:32:38] hearing this evening.
[3:32:39] After which we seek a recommendation.
[3:32:43] >> Any questions for Mr. Bishop?
[3:32:45] To my left?
[3:32:47] This is a public hearing.
[3:32:49] If anyone would like to speak to the ordinance amendment,
[3:32:52] this is the time to do so.
[3:32:53] State your name, district and limit your comments
[3:32:55] to three minutes or less.
[3:32:56] You know that we do not have any jurisdiction in Winchester?
[3:33:01] >> I realized that.
[3:33:03] But I also take whatever I gain from here over there.
[3:33:07] >> You are welcome to speak.
[3:33:09] Don't get me wrong.
[3:33:10] I just don't want you to be disappointed.
[3:33:13] >> Whatever I gain from here transport's over there.
[3:33:17] And sometimes I lose.
[3:33:18] But that is okay.
[3:33:19] My name is Arthur Kristen from Winchester over there.
[3:33:27] Basically I'm suggesting that we vote yes to remove these.
[3:33:35] Although I actually take old computers
[3:33:40] and disassemble them, steel parts of them
[3:33:43] and remanufacture them for other people.
[3:33:47] Basically what I am doing , basically if this went away I
[3:33:54] would be running an illegal operation.
[3:33:56] Although I do it from one computer maybe once a month.
[3:34:06] I keep old tube TVs.
[3:34:09] Mostly because of the tubes inside.
[3:34:11] But also because those have what I call a shelf on top.
[3:34:16] Where you throw your magazines and stuff that you don't want
[3:34:20] to lose like your remote.
[3:34:22] Although I lose those to.
[3:34:33] I am also a fan of Doctor Who, who unfortunately
[3:34:36] the last couple of seasons got hammered
[3:34:39] for using AI to fix the older versions of Doctor Who.
[3:34:48] They got slammed by the classic community of Doctor Who.
[3:34:54] I cannot even repeat some of the words that were said.
[3:34:57] It was not good.
[3:35:00] Personally, I watch it.
[3:35:03] My vision sucks, so I don't really care.
[3:35:08] But having said that, I still think
[3:35:10] we should vote yes on this.
[3:35:14] It is along the lines of the other stuff
[3:35:17] and it is cutting down on loopholes.
[3:35:20] That is the big item.
[3:35:23] Cut the loopholes.
[3:35:25] Thank you very much.
[3:35:28] >> Thank you.
[3:35:30] >> Next sign up as Jennifer Smith from Stonewall.
[3:35:36] Is she still here?
[3:35:39] She may have left.
[3:35:41] After that we have Sharlene Anderson
[3:35:43] who we confirmed as not here.
[3:35:44] I think you are up after all, Jack.
[3:35:52] >> Hello, Jack Tinsley, Gainsboro.
[3:35:53] Not trying to break anything.
[3:35:54] A couple of things.
[3:35:55] Executive orders come and go with presidents.
[3:35:58] We don't have to worry about them too much.
[3:36:00] You have four years.
[3:36:01] That is one thing.
[3:36:03] The other thing is, the only time you can be brave
[3:36:05] is if you are afraid.
[3:36:08] When it comes to whether or not we
[3:36:10] are going to let data centers in or not,
[3:36:13] we have to understand that basically,
[3:36:18] cut everything else away, we are going
[3:36:22] to survive without the data centers.
[3:36:25] We are going to do better.
[3:36:26] We had people talking about --
[3:36:29] Liz said, you can grow a potato from a potato.
[3:36:32] You are not growing anything from a data center.
[3:36:35] The economy is, we are looking at an AI bubble that
[3:36:39] could burst at any moment.
[3:36:40] South Korea and Japan markets are
[3:36:42] tanking because of pulling out of the AI game between China
[3:36:46] and Taiwan, something happens there
[3:36:48] and those microchips become hard to get,
[3:36:50] we are not making those here.
[3:36:52] We don't have that.
[3:36:53] We don't have the rare earth minerals for that stuff.
[3:36:55] We need to invest in things that we
[3:36:57] know are going to keep our families safe.
[3:36:59] That is what we need to invest in.
[3:37:01] We don't need to be worried about data centers
[3:37:03] if we do have data centers here, I am not really worried
[3:37:08] as much about some foreign country
[3:37:10] as I am about corporations who have been pouring
[3:37:13] industrial waste into the ocean, on our land,
[3:37:17] and in our air for longer than I have been alive.
[3:37:20] Blair Mountain in West Virginia was a time
[3:37:23] where coal miners were getting black lung
[3:37:28] and were paid food out of a company script
[3:37:30] and forced into slavery.
[3:37:31] When they tried to revolt, the government,
[3:37:34] along with private businesses, bombed them.
[3:37:36] That is what happened.
[3:37:38] That is what I am worried about with data centers.
[3:37:40] I'm not worried about some economic sense
[3:37:48] of what some other country is going to do.
[3:37:51] I talked with my 401 K people today.
[3:37:54] I was like, how can I reduce this to 0%
[3:37:57] because I am so worried about climate catastrophe
[3:38:00] and the economy, the way it is looking
[3:38:03] and all of these wars happening all over the place.
[3:38:05] I don't think that I'm going to make it to retirement age.
[3:38:08] I don't have kids because of this.
[3:38:09] I would love to have a family.
[3:38:12] Data centers is not going to be the way to get to that.
[3:38:16] I want to see a prosperous country with people who
[3:38:20] will live long healthy lives.
[3:38:21] It is not going to happen through that.
[3:38:23] Be brave.
[3:38:24] Continue doing what you are doing come up please.
[3:38:27] Be brave.
[3:38:28] You cannot be brave unless you are scared.
[3:38:30] That is okay.
[3:38:30] That is all that I have got.
[3:38:32] Thank you.
[3:38:41] >> Elizabeth Taylor, back Creek.
[3:38:43] I work in the UN --
[3:38:44] AI industry.
[3:38:45] I've been onboarding AI technology
[3:38:46] for a multi-billion dollar company since the inception.
[3:38:49] I understand how many servers are
[3:38:50] required to be able to functionally use
[3:38:52] AI in our economy.
[3:38:53] It is not being used for that.
[3:38:55] It is not being used for our economy.
[3:38:57] It is not being used for our people.
[3:38:59] There are enough servers, space and data centers
[3:39:02] throughout our nation to be able to accommodate
[3:39:04] our needs as American citizens, in addition to
[3:39:07] the militarization packaging and planning.
[3:39:09] What I am saying is the data centers are used
[3:39:12] to oppress us, not protect us.
[3:39:15] It is like what Jack said.
[3:39:17] All of this data, this is what they're
[3:39:19] going to use to control us.
[3:39:21] They are building these throughout the entire nation
[3:39:23] in order to be able to keep us down, not to keep us safe.
[3:39:27] You have to see the bigger picture here.
[3:39:29] Our economy functions on AI, yes.
[3:39:32] We have as many data centers as we need.
[3:39:35] China only has 400 data centers.
[3:39:37] They are dropping them at the ocean and spending
[3:39:39] trillions of dollars on war but in building the infrastructure.
[3:39:43] The bridges with communities.
[3:39:45] Everyone has houses.
[3:39:46] I am saying they juxtaposition is, yes, I agree,
[3:39:51] we need technology.
[3:39:52] I onboard it.
[3:39:53] I help build these systems.
[3:39:55] That's why I know so much about them.
[3:39:57] What I am saying is they are building the data centers
[3:39:59] in order to use flock cameras, using surveillance
[3:40:02] and the cameras with corporations
[3:40:05] to continue to oppress us and restrict us to continue
[3:40:08] to restrict our money.
[3:40:09] Drop off the dollar like dropping the 401 K on Bitcoin.
[3:40:13] These are all real things happening.
[3:40:15] I know that it feels abstract and terminator,
[3:40:18] but the illusion will fall eventually within months.
[3:40:21] These AI centers.
[3:40:23] All of these companies are about to go public at the same time.
[3:40:26] They're going to dump the dollar.
[3:40:27] That is going to happen in the next 12 months.
[3:40:29] Even though we are ahead of the game with what they are telling
[3:40:32] you this is coming and it makes it so much more important
[3:40:35] for us to band together in Frederick County
[3:40:38] and keep our sovereignty.
[3:40:39] To keep our community solid.
[3:40:40] We cannot fix the whole problem of all of the world's.
[3:40:43] We cannot fix national agendas or fight against foreign nations
[3:40:46] by ourselves we can't protect each other.
[3:40:48] That is what we need to do.
[3:40:50] I will fight for you and thank you for fighting for us tonight.
[3:41:01] >> Teresa come on you want to speak now is the time.
[3:41:11] >> Six G is so real and nothing you can imagine.
[3:41:14] It is a digital plan of the earth come
[3:41:17] a city come a people come up birds come a
[3:41:20] and they want it to watch us.
[3:41:23] Everything.
[3:41:24] Every movement every object moving.
[3:41:28] A digital twin.
[3:41:30] Flock cameras.
[3:41:32] Real.
[3:41:33] Happening.
[3:41:34] Thousands.
[3:41:34] Happening.
[3:41:35] Drones.
[3:41:36] Activated by the flock.
[3:41:39] Freedom lost every day.
[3:41:41] What do we need?
[3:41:42] We need food, water, and jobs.
[3:41:45] 93 million white collar jobs gone by 2030.
[3:41:49] Elon Musk says within five years there
[3:41:55] will be no emails and no apps, and no phones.
[3:41:58] He had a hard time describing what there will be.
[3:42:02] The elite that are creating this talk openly
[3:42:07] about where they will get the money to create it.
[3:42:10] Shaking the 401 K openly in their little Ted talks.
[3:42:18] Don't be disillusioned by federal government scaring you.
[3:42:23] Yes, we are at war.
[3:42:25] We don't need 4000 more data centers which
[3:42:28] are due to be built already.
[3:42:30] Do we need to build them here quacks like she said?
[3:42:34] Can we just keep our own bubble here?
[3:42:36] Can we try to keep it a little longer?
[3:42:39] I don't know much -- how much time we have.
[3:42:43] Not to be like --
[3:42:46] I am serious.
[3:42:48] I think we've been down here in a different world
[3:42:51] and you've been over there doing this.
[3:42:52] Maybe we have seen some things that you
[3:42:54] don't see here some people work for the government
[3:42:56] and know some things.
[3:42:57] I am just saying come on we need to be focused on food come
[3:43:00] on water come on jobs come on safety, security can we do that?
[3:43:05] Can we be a little bit more sane?
[3:43:07] Can you look into six G. There is not a lot of information
[3:43:10] out there.
[3:43:11] I know some people.
[3:43:14] That is all that I'm saying.
[3:43:15] Take it very seriously.
[3:43:16] We are not conspiracy theorists.
[3:43:19] This is real.
[3:43:21] >> Thank you.
[3:43:31] I don't see anyone else.
[3:43:33] I'm going to close the public meeting.
[3:43:37] Anyone else to my left or right?
[3:43:40] Go I am glad to entertain a motion.
[3:43:44] >> Mr. Chair I move to recommend that the Board of Supervisors
[3:43:46] approve the ordinance modification to remove the TM,
[3:43:50] technology manufacturing part zoning district and other
[3:43:55] references to the TM Zoning District from the ordinance.
[3:43:58] This is item nine D on our agenda.
[3:44:02] >> Second.
[3:44:08] Chairman Stowe: Any discussion the motion is to remove it
[3:44:10] from the ordinance.
[3:44:12] Mr. Whitaker would you vote a yes vote for the removal.
[3:44:27] [Members Voting]
[3:44:40] Chairman Stowe: The motion carries.
[3:44:40] This goes to the Board of Supervisors September 23rd.
[3:44:43] You are all our endurance kings and Queens.
[3:44:46] We have made it.
[3:44:47] Mr. Bishop.
[3:44:49] >> Yes come sir.
[3:44:59] Chairman Stowe:
[3:44:59] Chairman Stowe: I have an omission
[3:44:59] for the Planning Commission.
[3:45:00] I asked Mr. Bishop to add a agenda every time
[3:45:03] we meet for the Planning Commission type of node
[3:45:06] because I am one who likes to continue to learn.
[3:45:08] We are going to hold out until next meeting.
[3:45:14] >> That wasn't on your agenda tonight for an actual item
[3:45:17] either.
[3:45:17] You will be hearing from us about it
[3:45:20] as we work to form a list of items
[3:45:23] which we will plan to bring over a number of meetings.
[3:45:28] Chairman Stowe: With that I'm glad to entertain
[3:45:31] a motion for adjournment.
[3:45:34] >> Motion.
[3:45:38] Chairman Stowe: The motion is here.
[3:45:40] Everybody have a safe trip home.
[3:45:41] Thank you for coming out.