[00:00:02]
[I. CALL TO ORDER]
CALL TO ORDER THE FRONT ROYAL TOWN PLANNING COMMISSION MEETING FOR SEPTEMBER 17TH, 2025.MS. POTTER, MAY WE HAVE A ROLL CALL, PLEASE? CHAIRMAN MARNER.
LET'S ALL MAKE A POINT TO HAVE ONLY ONE MIC ON AT A TIME.
ALSO, I WANNA INTRODUCE, UM, UH, AMANDA WISELY, WHO IS AT THE FAR RIGHT.
SHE IS FILLING IN FOR GEORGE SONNET, THE TOWN ATTORNEY THIS EVENING.
UH, FIRST ITEM OF BUSINESS IS, UH, ITEMS ON THE AGENDA, ADDITION OR DELETIONS.
ARE THERE ANY, UH, WELL, WE DID THE ROLL CALL.
[III. ADDITION/DELETION OF ITEMS FROM THE AGENDA]
ARE THERE ANY ITEMS TO ADD OR SUBTRACT FROM THE AGENDA? NOPE.[IV. APPROVAL OF MINUTES]
I WILL BRING UP THE SUBJECT OF THE MINUTES.HAVE ALL THE MEMBERS REVIEWED THE MINUTES OF THE MEETING OF AUGUST 20TH? YES.
UH, ARE THERE ANY CHANGES REQUESTED? NO.
WOULD SOMEONE LIKE TO MAKE A MOTION? MADAM CHAIR, I MOVE TO APPROVE THE REGULAR MEETING MINUTES FROM THE AUGUST 20TH, 2025 MEETING AS WRITTEN.
IS THERE A SECOND MS. FEDERICA SECONDS? I SECOND.
MS. POTTER, PLEASE CALL THE ROLE COMMISSIONER MARRAZZO? YES.
AT THIS POINT I OPEN THE MEETING TO PUBLIC COMMENTS NOT RELATED TO AN ITEM ON THE AGENDA.
COPIES OF THE AGENDA ARE OVER BY THE DOOR, SO THIS IS THE OPPORTUNITY FOR ANY MEMBER OF THE PUBLIC TO SPEAK FOR THREE MINUTES ON MATTERS OF LAND USE THAT ARE NOT ON THE AGENDA.
NOBODY HAS SIGNED UP ON A, THE WRITTEN SHEET.
IS THERE ANYBODY WHO WISHES TO SPEAK ON SOME MATTER LIKE THAT? OKAY.
UM, I WILL CLOSE THAT SECTION OF PUBLIC HEARINGS, AND WE ARE NOW
[VI. PUBLIC HEARING]
AT THE DIS, THE FIRST ITEM ON OUR REGULAR AGENDA, THE FIRST PUBLIC HEARING ON OUR REGULAR AGENDA.I'M NOT SURE IF IT'S THE RIGHT COLUMN.
IT BECAME OF THE SHEET THAT I HAD.
FIRST ITEM ON THE AGENDA, AND LET ME JUST REMIND, UH, EVERYBODY THAT THIS IS THE TOWN OF FRONT ROYAL, SO THIS IS A MATTER FOR, THIS IS TOWN BUSINESS THAT WE ARE DISCUSSING HERE.
UM, ITEM NUMBER 2 5 0 0 3 2 OH FOR PUBLIC NECESSITY, CONVENIENCE, GENERAL WELFARE OR GOOD ZONING PRACTICE ZONING, TEXT AMENDMENT TO TOWN CODE 1 75 DASH THREE TO DEFINE DESIGNATED SPECIAL CIRCUMSTANCE HOUSING TEXT AMENDMENT TO TOWN CODE 1 75 DASH 12 1A, SECTION 1 75 DASH 20 AND 1 75 DASH 30 TO ADD DESIGNATED SPECIAL CIRCUMSTANCE HOUSING PERFORMANCE STANDARDS BY SPECIAL USE PERMIT AND ESTABLISH TOWN CODE 1 7 5 1 17 TO ADD DESIGNATED SPECIAL CIRCUMSTANCE HOUSING PERFORMANCE STANDARDS.
MR. WARE, DO YOU HAVE ANYTHING PRESENTED TO PRESENT? I SHOULD SAY THANK YOU.
THAT'S THE AMENDMENT TO TOWN CODE FOR 1 75 DASH THREE.
UH, FOR THE DEFINITION SECTION 1 75 12 1 A, THAT IS FOR THE R ONE ZONING DISTRICT.
THAT IS FOR THE R TWO AND 1 75 30 IS FOR THE R THREE.
UH, THIS MATTER WAS BROUGHT UP IN APRIL OF THIS YEAR, UH, WHEN WE'VE BEEN BEEN GETTING A ABUNDANT AMOUNT OF, UH, LODGING HOUSES COME BEFORE THE PLANNING COMMISSION AND TOWN COUNCIL FOR SPECIAL USE PERMITS.
SO WE KIND OF REVIEWED, IF YOU REMEMBER, WE'VE REVIEWED OUR COMPREHENSIVE PLAN, UH, WHERE WE, UH, AS HOUSING, UH, SHORTAGE AND TYPE OF HOUSING THAT WAS.
AND WE FOUND OUT THE LODGING HOUSES REALLY DID NOT MEET THE CRITERIA, WHAT WE WAS LOOKING FOR WITH THESE APPLICATIONS.
UH, SO WE HAD, UH, SEVERAL MEETINGS GET THE SLIDE TO WORK.
[00:05:02]
IS THE DEFINITION SECTION.UH, YOU ALL TOOK THIS MATTER UP IN, UH, JULY.
YOU PASSED THIS ORDINANCE OR FORWARD THE ORDINANCE RECOMMENDATION, A RECOMMENDATION OF APPROVAL TO TOWN COUNCIL.
UH, THEY REVIEWED IT AND WITH THE ADVICE FROM OUR TOWN ATTORNEY AND LEGAL STAFF, THEY ASKED US TO, UH, BACK TO THE PLANNING COMMISSION TO MAKE A FEW MINOR CHANGES.
UH, BASICALLY ON THE 1 75 DASH THREE ON THE DEFINITIONS, UH, WE INCLUDED THE ACRONYM THERE FOR DSCH.
UH, WE PUT THAT IN ALPHABETICAL ORDER IN THAT PART OF THE DEFINITIONS.
SO THOSE ARE HOUSING THAT, UH, THE SPECIAL CIRCUMSTANCE HOUSING WOULD BE FOR EMERGENCY FAMILY HOUSING, UH, SHELTER AT RISK CHILDREN, UH, DE UH, DOMESTIC ABUSE VICTIMS AND VETERAN HOUSING, AND THE REST THAT ARE LISTED THERE.
THE OTHER CHANGE WAS THIS PART OF 1 75 1 17 A.
THIS IS THE, UH, SENTENCE THAT WE HAD TO MODIFY, UH, AS LISTED THERE.
WE DISCUSSED THAT AT LENGTH AT THE LAST WORK SESSION, UH, ON ADVICE OF OUR TOWN COUNCIL TO COME IN ALIGNMENT WITH STATE CODES.
SO THAT'S THE CHANGES FROM YOUR PREVIOUS APPROVAL.
UH, SO DO YOU HAVE ANY QUESTIONS ON THE TWO CHANGES THAT WAS RECOMMENDED FROM, UH, OUR LEGAL TEAM? YES.
WE'RE AT THE, UM, PUBLIC, UH, UH, HEARING PORTION OF THIS ONE PERSON HAS SIGNED UP UNDER THAT TOPIC.
WAS THAT ERRONEOUS OR WAS THAT INTENTIONAL? UM, THAT, UH, BE RANIER SIGNED UP TO SPEAK ON THE ZONING TEXT AMENDMENT SPECIFICALLY.
WANTED TO SPEAK TO THE DATA CENTER.
OKAY, SO YOU JUST SIGNED UP THE WRONG COLUMN.
JUST WANTED TO MAKE SURE IF, UH, DOES ANYBODY WISH TO SPEAK ON THE DESIGNATED SPECIAL CIRCUMSTANCE HOUSING, HOUSING? IF NOT, I WILL CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION FROM MY COLLEAGUES, MR. NEIL.
IN, IN ORDER TO PROMOTE GENERAL WELFARE OF THE PUBLIC IN ACCORDANCE WITH TOWN CODE 1 75 DASH ONE B, BY PROVIDING AN AVENUE TO PERMIT ALTERNATIVE HOUSING NEEDS WITHIN THE COMMUNITY, I MOVE THE PLANNING COMMISSION FORWARD A RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL TO APPROVE THE TEXT AMENDMENT TO DEFINE DESIGNATED SPECIAL CIRCUMSTANCE HOUSING AND PERMIT THE USE BY SPECIAL USE PERMITS SUBJECT TO THE PERFORMANCE STANDARDS WITHIN THE TOWN'S RESIDENTIAL DISTRICTS.
IS THERE A SECOND? I SECOND PLANNING COMMISSION DISCUSSION.
WE'VE WORKED ON THIS HARD FOR A WHILE.
THIS IS WELL WORN GROUND AND JUST A LITTLE BIT OF JUST A MINOR CHANGE.
MS. POTTER, MAY I HAVE A ROLL CALL, PLEASE? CHAIRMAN MARNER? YES.
OKAY, THE NEXT ITEM ON THE AGENDA IS ITEM NUMBER 2 5 0 0 3 4 5 FOR A PUBLIC NECESSITY, CONVENIENCE, GENERAL WELFARE OR GOOD ZONING PRACTICE ZONING, TEXT AMENDMENTS TO TOWN CODE 1 75 DASH THREE DEFINITIONS TO DEFINE DATA CENTERS AND TOWN CODE 1 75 DASH 64 INDUSTRIAL EMPLOYMENT DISTRICT I TWO TO ADD DATA CENTERS WITH PERFORMANCE STANDARDS BY SPECIAL USE PERMIT.
MR. WARE, DO YOU HAVE A INFORMATIONAL PRESENTATION ON THIS ITEM? THANK YOU.
UH, WE'LL GIVE YOU A GENERAL OVERVIEW OF THE, UH, TEXT AMENDMENT.
UH, YOU'VE HAD TWO WORKING, UH, WORK SESSIONS ON THIS TO ADDRESS THE MATTERS.
NUMEROUS EXCHANGES, UH, BETWEEN THE GROUP, UH, FOR EMAILS BACK AND FORTH ON CHANGES.
UH, TO GET YOUR FEEDBACK ON THAT.
WE DID EXTENSIVE RESEARCH ON THIS MATTER, UH, CONSULTED WITH OTHER LOCALITIES.
UH, SO THE STAFF HAS PUT TOGETHER WHAT WE BELIEVE IS A VERY SOLID ORDINANCE, UH, TO ADDRESS THIS ISSUE.
UH, SO THIS WOULD, UH, YOU WOULD BE ADDING TEXT AMENDMENTS TO TOWN CODE 1 75 3.
THAT'S THE DEFINITION PART, AND YOU WOULD DEFINE DATA CENTERS WITH THAT.
AND 1 75 64 IS THE INDUSTRIAL EMPLOYMENT DISTRICT, THE I TWO, WHERE WE, UH, DETERMINED THAT
[00:10:01]
IT WOULD BE THE USE WOULD BE APPROPRIATE IN THAT DISTRICT AND BY A SPECIAL USE PERMIT.UH, TO START OFF, WE HAVE NOT RECEIVED AN APPLICATION FOR DATA CENTERS.
THIS IS ONLY THE TEXT AMENDMENT TO TOWN CODE.
UH, THE TEXT AMENDMENT IS TO REGULATE AND RESTRICT THE USE.
THIS IS NOT A REVIEW OF AN ACTUAL APPLICATION IS JUST A TEXT AMENDMENT TO THE ZONING ORDINANCE.
UH, BASICALLY THIS IS THE SAME PROCEDURE, UH, WITH REGULATIONS AND RESTRICTIONS.
IF YOU REMEMBER TO THE TOBACCO SMOKE AND VAPE SHOPS, UH, WHEN THEY FIRST CAME INTO, UH, TOWN, UH, THEY WERE CONSIDERED RETAIL.
BY OUR DEFINITION, THAT'S JUST A BUILDING THAT HAS ITEMS FOR DISPLAY AND MERCHANDISE.
SO THOSE FELL UNDER THE RETAIL SHOP DEFINITION IN OUR USE.
SO ESSENTIALLY IN THE C ONE, C TWO AND C3 DISTRICT, IF IT WAS RETAIL USE AND SOMEONE CAME IN AS AN APPLICANT TO OPEN UP A VAPE SHOP, FOR INSTANCE, WE HAD NO MEANS TO DISAPPROVE OF IT.
IT WAS CONSIDERED RETAIL UNTIL, UH, THE STATE, THE GENERAL ASSEMBLY GAVE AUTHORIZATION TO RESTRICT AND REGULATE THE USE OF VAPE SHOPS.
SO THOSE ONES THAT CAME BEFOREHAND, THEY WERE CONSIDERED JUST RETAIL SHOPS.
SO PROCEDURE WISE, THIS IS THE SAME THING.
FIRST, YOU GOTTA DEFINE THE USE.
UH, THEN WE CAN RESTRICT OR REGULATE THE USE.
SO, INTERESTING FOR US THAT, UH, THIS IS OUR ZONING MAP.
UH, SO THE USE IS, UH, THE USE WE DETERMINE WOULD BE MORE APPROPRIATE IN THE I TWO.
UH, THE I TWO DISTRICT BASICALLY IS IN ONLY IN TWO AREAS OF THE TOWN.
SO UP HERE AT THE, UH, KIND THE NORTHEAST QUADRANT OF THE TOWN HERE AND OVER HERE NEXT TO THE RIVER AND WEST OF THE RAILROAD TRACKS.
THOSE ARE THE ONLY TWO AREAS THAT ARE DESIGNATED I TWO.
WE DID NOT, THIS IS NOT A NEW ZONING DISTRICT.
THIS IS THE CURRENT I TWO ZONING DISTRICT.
UH, SO WE HAD MUCH DISCUSSIONS ON THESE.
UH, THE VIRGINIA ASSOCIATION OF ZONING OFFICIALS MET IN SEPTEMBER OF 2024.
UH, ABOUT 250 MEMBERS DISCUSS THESE USES FOR DATA CENTERS.
WE HAD A REGIONAL MEETING IN FEBRUARY OF THIS YEAR.
WE ALSO HAD A MEETING, UH, FOR LAND USE, UM, AT VIRGINIA COMMONWEALTH UNIVERSITY IN JANUARY AND IN MARCH TO DISCUSS THIS.
SO WE GATHERED A LOT OF INFORMATION FROM OTHER LOCALITIES.
INTERESTING THAT HOUSE BILL 1601 WAS INTRODUCED THIS YEAR, UH, WHICH WOULD MANDATE NEW REQUIREMENTS FOR LOCAL GOVERNMENTS REVIEWING LAND USE APPLICATIONS FOR HIGH ENERGY USE FACILITIES.
UH, THAT WAS VETOED BY OUR GOVERNOR.
AND HIS COMMENT WITH THE VETO WAS, THIS BILL LIMITS LOCAL DISCRETION AND CREATES UNNECESSARY RED TAPE.
WHILE WELL INTENTIONED, THE LEGISLATION IMPOSES A ONE SIZE FITS ALL APPROACH ON COMMUNITIES THAT ARE BEST POSITIONED TO MAKE THEIR OWN DECISIONS.
DATA CENTERS REPRESENT AN IMMENSE OPPORTUNITY FOR LOCALITIES AROUND THE COMMONWEALTH, ESPECIALLY THOSE THAT DON'T ALREADY HAVE THEM.
SO THAT HA UH, BILL WAS VETOED BY THE GOVERNOR TO HAND OUT STATE, UH, FROM THE GENERAL ASSEMBLY, MORE REG OR REGULATIONS FOR THIS USE.
SO WHAT CAN WE DO WELL AND WHAT IS ZONING? WELL, ZONING IS A TOOL THAT LOCALITIES USE TO GOVERN THE PHYSICAL DEVELOPMENT OF LAND.
AND THE KINDS OF USES ALLOWED ON INDIVIDUAL PROPERTY ZONING MAY REGULATE THE DIMENSIONAL REQUIREMENTS FOR LOTS BUILDINGS AND STRUCTURES, THE DENSITY OF THE DEVELOPMENT AND HOW DEVELOPMENT RELATES TO ITS SURROUNDINGS, INCLUDING OTHER BUILDINGS, OPEN SPACES, AND THE STREET.
SO THAT IS, UH, UH, BY THE STATE CODE 15 TWO, CHAPTER 22 7.
SO WHAT, THAT'S WHAT ZONING IS.
AND WHAT CAN WE DO WITH THAT? WELL, ZONING CAN DIVIDE THE LAND IN DISTRICTS FOR DIFFERENT USES, SUCH AS INDUSTRIAL, COMMERCIAL, AND RESIDENTIAL.
WE CAN REGULATE THE SIZE AND THE TYPE OF THE BUILDING THAT CAN BE CONSTRUCTED IN EACH DISTRICT.
WE CAN REQUIRE DEVELOPMENT STANDARDS SUCH AS SCREENING AND SETBACKS TO MINIMIZE THE IMPACTS ON ADJACENT PROPERTIES.
WE CAN PROTECT SENSITIVE RESOURCES FROM INCONSISTENT OR HARMFUL USE, AND WE CAN ENHANCE THE COMMUNITY CHARACTER WITH SIGNAGE, PARKING, AND LANDSCAPING STANDARDS.
UH, SO BASED ON THE VETO OF THE HOUSE BILL, UH, IT IS
[00:15:01]
AT BEST IS IN OUR BEST INTEREST TO OUR CITIZENS HERE IN A TOWN TO HAVE A LONG-TERM, LONG-TERM VISION IN STRATEGIES TO ADDRESS FUTURE LAND USE ISSUES.THAT'S PART OF OUR COMPREHENSIVE PLAN.
UH, SO THE FIRST STEP, WHAT CAN WE DO? UH, WELL ZONING REGULATES THE LAND USE.
UH, SO THE FIRST STEP IS THE DEFINITION.
SO WE'RE GOING DEFINE WHAT DATA CENTERS ARE AND THE TERMINOLOGY ASSOCIATED WITH THAT.
THAT'S WHAT 1 75 3 IN YOUR PACKET WITH THOSE DEFINITIONS.
SECONDLY, WE DETERMINE WHERE THAT USE, WHAT DISTRICT WOULD THAT BE APPROPRIATE IN? AND WE DID DO THE I TWO.
THAT IS THE, UH, INDUSTRIAL EMPLOYMENT DISTRICT.
AGAIN, THIS IS NOT A NEW DISTRICT.
UH, SOME USES IN THE I TWO CURRENTLY INCLUDE LIGHT, MEDIUM, AND HEAVY MANUFACTURING, AUTOMOBILE GRAVEYARDS, SCRAP METAL PROCESSING, AND HAZARDOUS MATERIAL STORAGE TO NAME A FEW.
SO THAT'S WHAT'S ALLOWED CURRENTLY IN THE I TWO.
SO THEN WE NEED TO DETERMINE IF THE PERMITTED USE WOULD BE BY RIGHT OR SPECIAL USE PERMIT.
THE SPECIAL USE PERMIT IS ANOTHER PROCESS TO DETERMINE IF THE USE IS APPROPRIATE FOR THAT PARTICULAR PARCEL OR TRACK OF LAND.
THE SUP REQUIRES ANOTHER PUBLIC HEARING THAT YOU'RE WELL AWARE OF FOR THE PLANNING COMMISSION AND FOR THE PUBLIC HEARING FOR TOWN COUNCIL, THAT WOULD BE WHERE YOU WOULD ACTUALLY REVIEW AN APPLICATION.
UH, SO CONDITIONS, YOU'RE WELL AWARE.
CONDITIONS CAN BE PLACED BY THE SPECIAL USE PERMIT.
IF YOU BELIEVE, UH, AN SUP COMES BEFORE YOU AND YOU WANNA PLACE OTHER CONDITIONS ON IT, YOU CAN.
IF IT'S BASED ON ZONING PRINCIPLES, UH, THE NEXT STEP WE DID, UH, WOULD, WAS GONNA BE CREATE PERFORMANCE STANDARDS.
THE PERFORMANCE STANDARDS REGULATE THE DEVELOPMENT BASED ON QUANTIFIABLE IMPACTS LIKE NOISE, TRAFFIC, WATER RUNOFF, RATHER THAN RESTRICTING THE SPECIFIC LAND USES.
PERFORMANCE STANDARDS HAVE TO INVOLVE A MEASURABLE CRITERIA.
SO IN THESE SETBACKS AND BUILDING HEIGHTS AND BUILDING SIZES, THOSE RESTRICTIONS CANNOT BE ARBITRARY.
MEANING YOU CANNOT PULL NUMBERS OUTTA THE HAT, SO TO SPEAK.
HOW YOU COME UP WITH THESE NUMBERS AND HOW THEY RELATE TO THAT USE.
SO FOR THIS ONE HERE, FOR THE DATA CENTER USE, UH, THERE THE MINIMUM DISTANCE FROM THE PROPERTY LINE, UH, WE DETERMINE, AGAIN, BASED ON RESEARCH FROM OTHER LOCALITIES, UH, UH, THROUGHOUT THE STATE AND EVEN IN OTHER STATES, BASICALLY WE ASKED THEM WHEN WE TALKED TO THEM.
IF YOU HAD TO REWRITE YOUR DATA CENTER ORDINANCE OVER, WHAT WOULD YOU DO DIFFERENTLY? IF YOU COULD DO HIT THE DO OVER BUTTON, SO TO SPEAK, WHAT WOULD YOU SUGGEST WE DO DRAFTING A NEW ORDINANCE.
SO ON THE MINIMUM DISTANCE FROM THE PROPERTY LINE, WE DETERMINE A DATA CENTER USE FROM RESIDENTIAL SHOULD BE 200 FEET.
UH, AUTOMOBILE GRAVEYARDS, SCRAP METAL PROCESSING THAT'S CURRENTLY PERMITTED IN THE I TWO IS 40 FEET.
UH, WE DETERMINE THE DATA CENTER.
IF IT BOUNDS TO A P AND DA PLANNED NEIGHBORHOOD DISTRICT, IT SHOULD BE 150.
THE OTHER USES IS AT 40 FEET FROM THE PROPERTY LINE.
IF THE DATA CENTER USE WOULD BE ADJACENT TO COMMERCIAL PROPERTY, UH, THE SIDE AND THE REAR WOULD BE 25.
SO IT'S ADJOINING ANOTHER I TWO DISTRICT SIDE AND REAR SETBACKS WOULD BE 25.
THE AUTOMOBILE GRAVEYARD AND SCRAP METAL PROCESSING, THE SIDE IS 10 AND THE REAR IS ZERO.
UH, THE SETBACK FROM THE PUBLIC RIGHT OF WAY.
UH, WE, UH, WE'RE ASKING FOR A SETBACK OF 40 FEET.
THE OTHER USES THERE, UH, CURRENTLY IN TOWN CODE ONLY REQUIRE A 25 FOOT SETBACK.
IF IT'S ADJACENT TO AGRICULTURE, UH, WE DETERMINE THE SIDE AND REAR SHOULD BE A HUNDRED.
CURRENTLY, THOSE OTHER USES IS A SIDE OF 10 AND A REAR OF ZERO.
AND IF THE PROPERTY JOINS THE CORPORATE BOUNDARY WITH WARREN COUNTY 200 FEET, UH, THE OTHER USES SIDE 10 AND A REAR WOULD BE ZERO.
AND WE USED, UH, WE WANTED TO PUT THAT UP THERE BECAUSE HERE ON THE ZONING MAP, FOR INSTANCE, THESE PARCELS HERE, THEY JOINED A RESIDENTIAL DISTRICT HERE AND THEY JOINED THE COUNTY HERE, AND THEY HAVE ROAD RUNNING.
SO I JUST USING THAT AS EXAMPLE, HOW THAT WOULD APPLY, UH, FOR THOSE
[00:20:01]
ZONING DISTRICTS.THAT'S WHAT WE'RE ASKING, UH, THE DATA CENTER USE ON THE SETBACKS TO BE.
UH, WE ALSO, UH, SO PART OF THE, UH, THING ON SETBACKS IS ALSO ON THE SIZE OF BUILDINGS IN THE PACKET.
THE BUILDINGS, UH, MAXIMUM SIZE WOULD BE A HUNDRED THOUSAND SQUARE FEET.
THAT'S IN YOUR PACKET WITHIN THE LISTING.
UH, SO IF PEOPLE FAMILIAR HERE IN TOWN, UH, ROYAL KING, A LOT OF PEOPLE GO TO ROYAL KING.
THAT BUILDING IS APPROXIMATELY 95,100 SQUARE FOOT IN SIZE.
SO IT'S GONNA BE COMPARABLE TO THE RURAL KING BUILDING.
ALSO, THERE'S, UH, JACKSON FURNITURE ON SIXTH STREET.
UH, THAT BUILDING IS 94,900 SQUARE FEET APPROXIMATELY.
SO THE BUILDING FOR THESE DATA CENTER USE WOULD BE COMPARABLE TO THOSE TWO, UH, EXISTING BUILDINGS HERE IN TOWN.
UH, THOSE ARE BUILDINGS IN THE COUNTY OUTSIDE THE CORPORATE LIMITS, UH, PEOPLE ARE PROBABLY FAMILIAR WITH THE WALMART AND LOWE'S.
UH, 147,300 FOR THE LOWE'S AND 219,000 FOR THE WALMART.
SO BASICALLY THE WALMART IS THE TWICE THE SIZE OF A DATA CENTER BUILDING THAT WERE, THAT WOULD BE PERMITTED, UH, THE FAMILY DOLLAR DISTRIBUTION CENTER UP ON, UH, THE CORRIDOR.
THAT BUILDING IS 907,400 SQUARE FEET.
SO ESSENTIALLY NINE DATA CENTERS WOULD FIT INSIDE THAT BUILDING.
TO GIVE YOU A PERSPECTIVE ON THE SIZE OF THE BUILDING OF A HUNDRED THOUSAND SQUARE FEET.
UH, SO THE PERFORMANCE STANDARDS, THIS IS IN THE PACKET.
THIS IS WHAT WE REVIEWED AT THE WORK SESSIONS, THE PERFORMANCE STANDARDS.
ARE WE GOING TO BE THE MINIMUM SETBACKS THAT WE TALKED ABOUT EARLIER? WE'RE GONNA REQUIRE PERIMETER BUFFERS.
WE'RE GONNA REQUIRE OPEN SPACES.
WE HAVE NOISE STANDARDS, OUTDOOR LIGHTING STANDARDS, WATER COOLING STANDARDS, BUILDING HEIGHT STANDARDS, BUILDING SIZE STANDARDS.
AND THAT'S WHERE WE ELABORATED ON THE SIZE 100,000 SQUARE FOOT MAXIMUM, UH, DIFFERENTIATED SURFACE STANDARDS.
THE BUILDING FACADE MATERIAL AND PARKING STANDARDS.
THOSE WERE ALL PART OF THE PERFORMANCE STANDARDS THAT'S GONNA BE REQUIRED.
WE ARE ALSO GONNA REQUIRE A DATA CENTER IMPACT ANALYSIS.
THEY WOULD HAVE TO PROVIDE A UTILITY IMPACT ANALYSIS FOR THE ELECTRICAL SYSTEM, WATER AND WASTE WATER, TELECOMMUNICATION, AND SUSTAINABILITY AND EFFICIENCY MEASURES.
THE SECOND PART OF THE IMPACT IS A PHYSICAL IMPACT ANALYSIS.
WE'RE GONNA REQUIRE AN IMPACT ANALYSIS ON NOISE, HEAT AND AIR MISSION, TRAFFIC AND ACCESS, VISUAL AND AESTHETICS, VIBRATION AND LAND USE CAP CAPABILITY.
ALSO, WE'D HAVE AN ENVIRONMENTAL IMPACT, LAND DISTURBANCE AND SOIL IMPACT, STORM WATER AND WATER QUALITY, AIR QUALITY AND EMISSIONS, ENERGY AND CARBON INTENSITY, ECOLOGICAL AND HABITAT, HAZARDOUS MATERIALS AND SPILL PREVENTION.
AND LASTLY, A FACILITY LIFECYCLE PLAN.
UH, SO THOSE ARE THE KEY POINTS OF WHAT WE ARE, WE'RE SUGGESTING, UH, TO BE INCLUDED IN THE, UH, TEXT AMENDMENT.
SO JUST BRIEFLY ON A SUMMARIZATION THAT WAS IN, CONTAINED IN YOUR PACKET, UH, THE SETBACKS FOR RESIDENTIAL IS 200, UH, AND 150 FOR P AND D AND A HUNDRED FOOT FOR AGRICULTURE.
MOST OTHER LOCALITIES HERE IN THE COMMONWEALTH THAT WE DID RESEARCH FOR, WE LOOKED AT A LOT OF THEM, UH, FOR SEVERAL MONTHS.
MOST OTHER LOCALITIES SET BACK FOR RESIDENTIAL IS A HUNDRED FEET.
THE OPEN SPACE REQUIREMENTS, UH, WE WOULD REQUIRE TH 30% OF THE PARCEL BE OPEN SPACE OR 20% IF THE STORM WATER IS FULLY MANAGED ON SITE WATER QUALITY AND WATER QUANTITY, OTHER LOCALITIES, AND MOST OF THEM HAVE NO FIXED OPEN SPACE REQUIREMENTS.
WE ARE ALSO GONNA DO THE NOISE ORDINANCE.
WE'RE GONNA SEPARATE THE DBA AND THE DBC BANDS AND SET LIMITS FOR DAYTIME AND NIGHT PERIODS.
MOST LOCALITIES, AGAIN, WE FOUND OUT THAT THEY ONLY REFERENCED THEIR NOISE ORDINANCE IN THE GENERAL PART OF THEIR ORDINANCE AND NOT PARTICULAR FOR DATA CENTER USE.
THE WATER COOLING STANDARDS WOULD PROHIBIT THE USE OF POTABLE WATER AND WILL REQUIRE
[00:25:01]
A REUSE DRY HYBRID COOLING SYSTEM.MOST LOCALITIES ALLOW POT, UH, POTABLE WATER FOR COOLING SYSTEM, OR THEY HAVE NO PROHIBITION ON THE WATER.
OUR BUILDING BUILDING STANDARDS WOULD LIMIT TO 75 FEET IN HEIGHT AND A THOUSAND, A HUNDRED THOUSAND SQUARE FEET IN SIZE, UNLESS A SPECIAL EXCEPTION IS GRANTED.
OTHER LOCALITIES, A MAJORITY OF THEM HERE IN THE COMMONWEALTH, UH, THEY ALLOW THE BUILDING HEIGHTS TO BE A HUNDRED FEET AND THE SIZES OF OVER 500,000 SQUARE FEET.
UH, WE ALSO HAVE STANDARDS FOR VIBRATION.
UH, WE DID NOT FIND ANY LOCALITY THAT REGULATES VIBRATION.
SO THAT WAS ONE OF THE COMMENTS WE ADDRESSED AT ONE OF THE WORK SESSIONS.
UH, SO WE, UH, DID SOME RESEARCH ON THAT.
UH, SO WE DID COME UP WITH THE STANDARDS ON THE VIBRATION STANDARDS.
AS FAR AS I KNOW, UH, I DID NOT, WE DID NOT FIND ANY LOCALITY THAT DOES REGULATE THAT.
UH, STAFF BELIEVES THIS IS A, UH, VERY SOLID ORDINANCE.
UH, AND I'LL SAY, UM, YOU KNOW, THERE'S A LOT OF DEBATE ON THESE DATA CENTERS.
UH, AND WE KNOW IT'S AN ISSUE.
WE NEED TO BE QUITE FRANK WITH IT.
UH, THIS ORDINANCE IS OUR SOLUTION FOR THE ISSUE.
AND, UH, THOSE LOCALITIES THAT IGNORE THE ISSUE, UH, THEY'RE NOT PROVIDING A SOLUTION TO THE PROBLEM.
WE BELIEVE THIS ORDINANCE IS A VERY SOLID ORDINANCE THAT ADDRESSES THE CONCERNS OF THE PLANNING COMMISSION, ADDRESSES CONCERNS OF THE RESIDENTS BASED ON THE COMPREHENSIVE PLAN THAT WE HAVE IN FRONT OF US AND THE RESEARCH THAT WE DID.
UH, SO STAFF AND MEMBERS OF THE PLANNING COMMISSION, WE SPENT AN ENOR AMOUNT, ENORMOUS AMOUNT OF TIME RESEARCHING THIS TOGETHER.
THIS INFORMATION HAD SEVERAL OTHER MEETINGS WITH OTHER LOCALITIES, UH, THAT WE TALKED TO AND ASKED, UH, IF THEY COULD DO THEIRS OVER, WHAT WOULD THEY DO OR WHAT THEY WOULD RECOMMEND.
SO THAT'S THE BODY OF THIS ORDINANCE.
UH, I DON'T WANNA GO IN A LOT OF DETAIL ABOUT WHICH 'CAUSE WE REVIEWED THOSE FOR THE LAST COUPLE MONTHS ON THIS.
DO YOU HAVE ANY QUESTIONS JUST ON THESE GENERAL STATEMENTS IN THE OVERVIEW OF THIS? MR. WARE? THANK YOU FOR THE PRESENTATION.
COULD YOU EXPLAIN WHAT THE PROCESS WOULD LOOK LIKE IF YOUR OFFICE WERE TO RECEIVE AN APPLICATION FOR A DATA CENTER TODAY WITHOUT THIS TEXT AMENDMENT IN PLACE TODAY? UM, WELL, UH, I'D START OFF WITH THAT.
OUR, OUR, UH, ORDINANCE IS WHAT, UH, WE CALL AN INCLUSIVE ZONING ORDINANCE.
SO IT, SO INCLUSIVE MEANS IT LISTS, OR IT INCLUDES ALL USES THAT ARE PERMITTED BY RIGHT OR BY SPECIAL USE PERMIT.
JUST BECAUSE THE USE IS NOT LISTED OR IS NOT INCLUDED DOES NOT PROHIBIT THAT.
SO IF AN APPLICATION CAME IN FOR A USE THAT IS NOT LISTED, UH, THE BURDEN IS PUT ON THE PROPERTY OWNER, UH, TO PRODUCE ENOUGH EVIDENCE THAT THAT USE SHOULD BE PERMITTED IN THAT ZONING DISTRICT.
UH, TYPICALLY WHEN THAT COMES FORTH, THAT THEY PRODUCE EVIDENCE THAT THAT USE SHOULD BE PERMITTED.
GENERALLY SPEAKING, UH, WE HAVE FOUND OUT THAT COURT SYSTEM RULES IN FAVOR OF THE PROPERTY OWNER.
UM, THE REASON, UH, THAT IS, UH, LOOK THROUGH MY NOTES HERE.
BASICALLY IT'S ON THE FIFTH AND THE 14TH AMENDMENT OF THE CONSTITUTION OF UNITED STATES.
UH, WHERE, LET'S SEE, I DID LOOK THIS UP.
NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF THE LAW.
SO THAT PROPERTY OWNER CANNOT BE DE BE DEPRIVED OF THAT AS LONG AS IT GOES TO THE DUE PROCESS.
SO I'LL SAY THIS MUCH, UM, BECAUSE WELL, REALLY, IF WE THINK ABOUT IT, IT'S, IT'S, EVERYBODY KIND OF KNOWS VIRGINIA IS THE DATA CENTER CAPITAL OF THE WORLD.
THAT'S WHAT THE, WE, WE, WE WERE DUBBED OF THE ENORMOUS AMOUNT OF DATA CENTERS THAT HAVE BEEN PERMITTED.
THE DATA CENTERS HAVE BEEN PERMITTED BY RIGHT IN A LOT OF LOCALITIES WITHOUT PERFORMANCE STANDARDS AND WITHOUT, WITHOUT SPECIAL USE PERMITS.
[00:30:01]
SO NOW THAT STANDARD IS KIND OF SET THROUGHOUT THE STATE THAT THIS USE HAS ALREADY BEEN PERMITTED ELSEWHERE.UM, SO, BUT THE BURDEN WOULD STILL BE ON THE PROPERTY OWNER.
AND TYPICALLY THE COURT SYSTEM DOES RULE IN FAVOR OF THE PROPERTY OWNER FOR THAT INSTANCE IN ANY USE THAT'S NOT LISTED.
BECAUSE OUR, OUR ORDINANCE IS SET UP LIKE MOST LOCALITIES IS INCLUSIVE.
IT ONLY INCLUDES WHAT IS PERMITTED.
UH, AND I WOULD SAY, UH, BASED AGAIN ON, BECAUSE WE ARE A DYLAN RULE STATE.
SO IF YOU REMEMBER THAT WE ARE ONLY GIVEN THE, UH, GRANTED WHAT THE STATE GENERAL ASSEMBLY GRANTS US PERMISSION TO DO UNDER THE DYLAN RULE, WE CANNOT EXERCISE ANY POWER ABOVE AND BEYOND WHAT THE STATE ALLOWS US TO DO.
SO IF YOU'RE ASKING THE QUESTION KIND OF, CAN WE PROHIBIT THIS BASED ON THE HOUSE BILL THAT WAS INTRODUCED AND THE MESSAGE FROM THE GOVERNOR, I WOULD NOT VENTURE HOW YOU COULD PROHIBIT A USE THAT HAS BEEN PERMITTED ELSEWHERE.
AND USUALLY IF YOU'RE GOING TO PROHIBIT A USE, IT WOULD HAVE TO HAVE SOME RAMIFICATIONS ON THE HEALTH, SAFETY AND WELFARE OF THE GENERAL PUBLIC.
WE HAVE ENORMOUS AMOUNT OF THEM HERE IN THIS, HERE IN THE COMMONWEALTH.
I WOULD NOT GIVEN, WE CAN CONSULT OUR LEGAL TEAM THIS EVENING.
UM, SO THE BENCHMARK HAS BEEN SET FOR THEM.
AND I WOULD FIND IT HARD TO IMAGINE THAT A LOCALITY COULD PROHIBIT THE USE BASED ON THE AMOUNT OF ONES WE SEE THROUGHOUT THE COMMONWEALTH.
WERE NOT GRANTED THAT AUTHORITY FROM THE STATE TO PROHIBIT THE USE BASED ON THE DYLAN RULE.
SO, UM, I'LL JUST THROW THAT, THAT WOULD BE, UH, MY TWO CONCERNS.
UH, OUR ASSISTANT TOWN ATTORNEY.
WOULD YOU LIKE TO WEIGH IN ON THAT COMMENT THAT, UH, MAYBE IF I SAID ANYTHING WRONG, YOU WOULD, UH, CORRECT ME ON THAT, PLEASE.
I, I MEAN, I WOULD AGREE WE WOULD'VE A HARD TIME DENYING IT IF AN APPLICATION CAME IN TODAY.
AND YOU HAVE TO REMEMBER, ONE OF THE THINGS THIS WOULD SET FORTH IS A HUGE NUMBER OF REQUIREMENTS THAT IF, IF, LET'S SAY WE PASSED THIS, THAT THEY WOULD HAVE TO MEET, UM, UNDER THE SPECIAL USE PERMIT, THOSE WOULD NOT BE IN PLACE IF THEY APPLY TODAY.
UH, SO I DON'T KNOW IF THAT'S, THAT'S KIND OF A SHORT ANSWER, BUT WE WOULD'VE A HARD TIME DENYING IT.
AND IF WE DID, WE'D BE IN THE COURT SYSTEM.
I MEAN, THAT, THAT'S JUST KIND OF THE REALITY ABOUT WHERE IT WOULD GO.
BUT AGAIN, YOU HAVE TO THINK ABOUT ALL THE THINGS THAT YOU ALL WORKED ON FOR MONTHS TO PUT IN ALL THESE STANDARDS.
THEY WOULD NOT EXIST IF SOMEONE APPLIED TODAY THOSE STANDARDS, THEY WOULDN'T BE HELD TO THOSE STANDARDS.
YOU WOULD BASICALLY JUST BE, IF WE GO BACK TO, IF SOMEONE CAME IN TOMORROW, FOR EXAMPLE, ON THE SETBACKS, THEY COULD PUT THE DATA CENTER, UH, WITHIN 25 FOOT OF THE PUBLIC RIGHT OF WAY.
AND IF IT JOIN THAT PROPERTY THAT JOINS WARREN COUNTY TO THE REAR, BASICALLY THEY COULD BUILD THE DATA CENTER DANG NEAR ON THE PROPERTY LINE.
WE'RE REQUIRING IT TO BE 200 FEET.
SO IF WE DID NOT HAVE ANYTHING REGULATING THESE USES, THIS USE, WE ARE IN JEOPARDY.
UH, THAT POTENTIALLY A PROPERTY OWNER COULD COME WITH AN APPLICATION, RUN IT THROUGH THE SYSTEM, AND THE, AND THE COURT WOULD BE OUT OF OUR HANDS AT THAT POINT.
YOU UNDERSTAND, IT'S OUT OF THE PANEL PLANNING COMMISSION'S HANDS, IT WOULD BE OUT TOWN COUNSEL'S HANDS.
THE COURT SYSTEM WOULD RULE ONE WAY OR THE OTHER.
AND TYPICALLY THEY RULE IN FAVOR OF THE PROPERTY OWNER.
AND FOR THE EXAMPLE FOR THIS, THEN IT WOULD REVERT ONLY TO THIS SETBACKS HERE.
NO OTHER PERFORMANCE STANDARDS, NO IMPACT ANALYSIS, ONLY THOSE THAT WE HAVE ON THE BOOKS CURRENTLY.
AND THAT WOULD BE FOR BASICALLY ANY LOCALITY.
DID YOU HAVE A FOLLOW UP QUESTION? NO, I DIDN'T THINK I DIDN'T.
NO, I, I WANNA FOLLOW UP YOUR QUESTION THOUGH, BECAUSE I THOUGHT IT WAS A VERY GOOD QUESTION.
AND JUST TO FLIP IT OVER, SO IF THIS WERE IN PLACE AND YOU GOT AN APPLICATION, WHAT WOULD THE PROCEDURE BE? WELL, THEY WOULD HAVE TO, FIRST WOULD BE A SPECIAL, UH, USE PERMIT APPLICATION.
THEY WOULD HAVE TO MEET ALL THOSE PARTS OF THE SPECIAL USE PERMIT WOULD COME IN WITH THE APPLICATION FOR PLANNING COMMISSION AND FOR TOWN COUNCIL TO REVIEW.
UH, AND WITH ANY SPECIAL USE PERMIT, THE, YOU CAN RECOMMEND APPROVAL, YOU CAN RECOMMEND APPROVAL OF DENIAL, YOU CAN RECOMMEND APPROVAL WITH SPECIAL CONDITIONS RELATED ON ZONING PRINCIPLES.
[00:35:01]
YOU THINK THERE'S ANOTHER IMPACT FOR AN APPLICATION, THAT'S WHY EACH ONE, EACH PARCEL THAT CAME IN, WHEREVER IT IS LOCATED WITH A SPECIAL USE PERMIT, YOU WOULD DETERMINE IF THAT USE IS APPROPRIATE ON THAT PARCEL.AND IF YOU WANT TO PLACE ANY OTHER CONDITIONS ON THAT.
BUT IT HAS TO BE RELATED TO ZONING PRINCIPLES.
UH, SO IT ALL HAS TO BE RELATED TO ZONING.
IF YOU THINK, UM, YOU KNOW, THE SETBACKS NEED TO BE INCREASED FOR SOME REASON, UH, BUT YOU WOULD HAVE TO HAVE SOME QU QUANTIFIABLE REASONING FOR IT, NOT JUST, AGAIN, PULLING NUMBERS OUT OF THE AIR, I THINK, OR, AND WE CAN'T MAKE A RULING JUST 'CAUSE WE DON'T LIKE SOMETHING OR WE DON'T WANT SOMETHING.
BUT IF THIS WERE ON THE BOOKS, THEY'D HAVE TO HAVE CLEARED ALL THOSE HURDLES BEFORE YES, THEY GOT FURTHER CONSIDERATION.
AND WITH ANY SPECIAL USE PERMIT, YOU, YOU, YOU HAVE TO, 'CAUSE WE HAVE ALL THESE IMPACT ANALYSIS THAT'S ON THERE.
SO IF THEY VIOLATE THE SPECIAL USE PERMIT, RIGHT, THE SPECIAL USE PERMIT CAN BE REVOKED.
THAT'S WHY WE GEAR THIS FOR A SPECIAL USE PERMIT THAT THAT PUTS A LOT OF TEETH, SO TO SPEAK, IN THE ORDINANCE WITH A SPECIAL USE PERMIT.
IF THEY, IF FOR WHATEVER REASON THEY VIOLATE WHAT THE TOWN COUNCIL, FOR EXAMPLE, WOULD, UH, PASS ON ANY SPECIAL USE PERMIT, THE LOCALITY CAN REVOKE THAT.
UH, THAT'S THE REASON WE PUT THIS, THAT WE WOULD RATHER HAVE THESE SPECIAL USE PERMITS AND NOT BY MATTER OF RIGHT.
AND THAT WOULD BE FOR ANYTHING THEY COULD REPURPOSE AN EXISTING BUILDING, FOR EXAMPLE, MAYBE IT'S A BUILDING ON THIS OTHER DISTRICT OR IN THE DISTRICT UP THERE, EXISTING BUILDING.
UH, THEY COULD REPURPOSE THE INSIDE OF THAT FOR A DATA CENTER, FOR EXAMPLE, BUT THEY WOULD STILL HAVE TO MEET ALL THE CONDITIONS BASED ON THE PERFORMANCE STANDARDS AND THE IMPACT ANALYSIS.
WHEREAS, WHEREAS IF TODAY SOMEBODY TRIED TO REPURPOSE AN EXISTING BUILDING, NONE OF THOSE STANDARDS WOULD BE IN EFFECT.
THE THING IS, AGAIN, WE DON'T LIST IT, IT'S NOT INCLUDED.
IT WOULD BE ON THE PROPERTY OWNER, THEIR RESPONSIBILITY TO JUSTIFY WHY THAT USE WOULD BE PERMITTED IN THAT DISTRICT.
UH, THAT WOULD BE OUT OF OUR CONTROL AT THAT POINT.
ANY OTHER QUESTIONS FROM MEMBERS OF THE COMMISSION? UH, I HAVE A BRIEF QUESTION.
SO, UM, IN THE, UH, THE I TWO AREA THAT'S ALONG THE RIVER, UM, IN THE COMPREHENSIVE PLAN, THE VAST MAJORITY OF THAT IS LISTED AS WE DESIRE THAT TO BE CONSERVED.
UM, WITH THAT IN MIND, IF A, UH, DATA CENTER WERE TO, OR IF A, UH, PROPERTY OWNER WILL CALL IT, UH, WERE TO PURCHASE ENOUGH OF THAT LAND TO MAKE IT SO THAT THEY COULD BUILD SOMETHING LIKE THIS, UM, ARE THERE ANY, UH, PROTECTIONS THAT THE TOWN HAS FOR A SITUATION LIKE THAT WHERE WE HAVE IT SPECIFICALLY SLATED FOR CONSERVATION? I THINK THERE'S OTHER LIMITATIONS ON THAT PROPERTY.
UH, PRIOR DUE TO THE PAST, UH, BUSINESS THAT WAS RAN THERE, THERE IS SOME LIMITATIONS ON THAT THERE.
UH, IF IT'S DESIRE, UH, WASN'T THE COMPREHENSIVE PLAN, UH, FOR THAT, UH, TO BE CHANGED, YOU KNOW, UH, A REZONING COULD TAKE PLACE, FOR EXAMPLE ON THAT, UH, TO CHANGE THAT FROM THE I TWO TO, UH, OPEN SPACE OR AGRICULTURAL OR SOMETHING LIKE THAT TO PUT IT IN SOME TYPE OF CONSER, UH, CONSERVATION AREA.
BUT THAT'S, SORRY, LET ME JUMP IN THERE WITH THAT PIECE OF PROPERTY SPECIFICALLY, BECAUSE THE COMPREHENSIVE PLAN DOES CALL IT OUT AS CON LIKE CONSERVATION LAND.
WE WOULD HAVE AN, OR YOU POTENTIALLY HAVE AN EASIER TIME RECOMMENDING DENIAL OR KEEPING ANY COMPLIANCE WITH THE COMP PLAN.
BECAUSE WE HAVE THESE, THOSE PERFORMANCE STANDARDS DOWN ON THE PART WHERE THEY WOULD HAVE TO, I CAN FLIP THROUGH THAT REAL QUICK.
WE HAVE THAT IN ENVIRONMENTAL IMPACT THERE, WHERE THEY WOULD HAVE TO ADDRESS ALL OF THOSE THERE WITH THAT.
UM, SO IF THEY DIDN'T MEET THE ECOLOGICAL AND HABITAT, UH, PART OF THE ENVIRONMENTAL IMPACT, IT WOULD BE A REASON, OBVIOUSLY TO DENY THE SPECIAL USE PERMIT.
UM, AND SIMILARLY, WHEN IT COMES TO THE VARIOUS AREAS THAT WE HAVE ZONED, UM, YOU KNOW, OF COURSE WE HAVE THE TWO MAJOR AREAS RIGHT NOW THAT ARE I TWO.
UM, BUT IT WOULD NOT BE OUTSIDE NECESSARILY THE REALM OF POSSIBILITY THAT, UH, PERHAPS LIKE THE A ONE, THE AGRICULTURAL AREA ON THE NORTH SIDE OF TOWN NEXT TO THAT I TWO SPOT.
UM, THERE COULD BE SECTIONS OF THAT PERHAPS IF A PROPERTY OWNER, UH, WERE TO APPLY FOR A REZONING TO THAT OR THOSE WHO BECOME I TWO AS OPPOSED TO AGRICULTURAL AS A POSSIBILITY.
THE DARK GREEN PROPERTY YOU'RE TALKING ABOUT THERE? YES.
[00:40:06]
I, I WOULD LOOK AT THAT, THAT IT MAY OR MAY NOT JOIN THE I TWO, MAYBE JUST BUTTS AT THAT CORNER.TYPICALLY, YOU WANT, IF YOU'RE DOING A REZONING, YOU WANT THAT PARCEL TO TOUCH ANOTHER PARCEL THAT YOU'RE REZONING TOO.
UH, TYPICALLY WE DO NOT, UH, REZONE OR SPOT ZONE REZONE SOMETHING, UM, IT'S A POSSIBILITY THEY COULD, IT'S A POSSIBILITY THEY COULDN'T.
BUT AGAIN, YOU WOULD HAVE TO, THEY WOULD PUT IT IN AN APPLICATION FOR THE REZONING.
WE WOULD HAVE TO TAKE THE APPLICATION IN.
STAFF WOULD HAVE TO TAKE THE APPLICATION IN.
REGARDLESS, WE THINK IT'S GONNA GET APPROVED OR DENIED, AND WE'D RUN IT THROUGH THE PROCESS.
UM, AND, UH, SORRY, I KNOW I'M GOING NO, TAKE YOUR TIME.
UM, WHEN IT, UH, WHEN IT COMES TO THE WATER USAGE, WE TALK ABOUT SAYING THAT THEY'RE, THEY'RE GONNA BE COMPLETELY FORBIDDEN AFTER THEIR FIRST FILL UP FROM USING POTABLE WATER OR TOWNS DRINKING WATER.
UM, ARE THERE, UH, WE ARE OF COURSE ENCOURAGING THEM TO USE RESOURCE EFFICIENT, UH, PROCEDURES.
SO, UM, REALLY PUSHING FOR THEM TO USE SYSTEMS THAT USE VERY LITTLE WATER, IF ANY, UM, THAT'S STILL BEING SAID.
UH, WOULD THEY HAVE OTHERWISE FREE USE TO USE NON-POTABLE WATER FROM THE TOWN? UM, THERE, IT'S A POTENTIAL.
THEY COULD MAKE A DEAL WITH LIKE THE SEWAGE TREATMENT PLAN TO USE THE GRAY WATER TO, FOR SOME COOLING.
BUT IF THEY, IF DOING SO, THEN THEY HAVE TO ALSO ENTER INTO TREATMENT PLANS TO GO ALONG WITH IT, SO THAT, THAT IS CONCEIVABLE, BUT ULTIMATELY WHATEVER THEY DISCHARGE WOULD HAVE TO BE, UM, ABLE TO GO BACK INTO A STREAM AT THE SAME STANDARDS THE TOWN IS PRODUCING.
YOU, UM, AND LASTLY WE HAVE HERE, UM, AS PART OF, IS THIS THE, UH, ENVIRONMENTAL IMPACT ANALYSIS, THE FACILITY LIFECYCLE PLAN WHERE WE TALK ABOUT, UH, THERE'S A LINE ABOUT THE RESTORATION DISPOSAL, AND WITH UNDERNEATH THAT IT HAS, IT SAYS THAT THEY MUST SUBMIT PLANS, REPURPOSING, DEMOLITION, AND REHABILITATION OF LAND AFTER END USE OF FACILITY.
UM, ASSUMING A DATA CENTER WAS TO COME TO THE END OF ITS LIFECYCLE, AND THEN THE EXPECTATION WOULD BE THAT THEY WOULD FOLLOW THE PLAN THAT THEY HAD SET OUT HERE.
IF THEY THEN ELECTED TO NOT FOLLOW THAT PLAN BECAUSE OF WHATEVER REASON.
WHAT RECOURSE DO WE HAVE, UM, AS A TOWN TO MAKE THEM FOLLOW THROUGH WITH WHAT WE PREVIOUSLY APPROVED? UM, WELL, AGAIN, THOSE ARE SPECIAL USE PERMITS.
SPECIAL USE PERMITS DOES ALLOW THE LOCALITY TO IMPOSE FINES.
IT WOULD ALLOW US TO, UH, TO REVOKE THE SPECIAL USE PERMIT THAT THEY WOULDN'T BE IN NEC NEED TO USE ANYMORE BECAUSE THEY'RE NOT USING, WELL, THE SPECIAL USE PERMIT, THEY WOULD BE NOT FOLLOWING THE LIFECYCLE PLAN AS SUBMITTED AND APPROVED MM-HMM
SO AT THAT POINT, YOU CAN, THE, THE MUNICIPALITY CAN IMPOSE FINES ON THEM.
UM, AND IF WE WERE TO DO THAT, WHAT SORT OF LIMITS ARE THERE TO THOSE, TO THOSE FINES? IS IT SOMETHING WE'RE LOOKING AT A FEW THOUSAND DO, WE'RE LOOKING AT MORE, DO WE KNOW, I MEAN, I KNOW I'M KIND OF THROWING THIS, UH, YOU KNOW, A BIT OF A SURPRISE, SO I DON'T EXPECT YOU NECESSARILY HAVE THAT OFF THE TOP OF YOUR HEAD, BUT YEAH.
NOT OFF THE TOP OF MY HEAD ON THE FINES, BUT I KNOW SPECIAL USE PERMITS, WE CAN INVOKE FINES ON THOSE.
UH, IF THEY, IF THEY DO NOT FOLLOW THE SPECIAL USE PERMIT AS CONDITIONS PASSED BY ANY LOCALITY, YOU CAN IMPOSE FINES.
I'M ASSUMING, UH, DEPENDING ON THE SIGNIFICANT OF IT, UH, THE TOWN WOULD PURSUE THE MAXIMUM AMOUNT ALLOWABLE LAW BY LAW, I WOULD ASSUME.
UM, AND, UH, SORRY, ONE MORE QUESTION.
THAT'S ALSO GONNA DEAL WITH FINES.
UH, WHEN IT COMES TO, UH, VIOLATIONS OF THE NOISE RESTRICTIONS THAT WE HAVE.
UM, WHAT, UH, YOU KNOW, OF COURSE THERE'S ALWAYS THE LAST RESORT OF REVOKING THE SPECIAL USE PERMIT OF COURSE, BUT IF WE WERE TO GO TO THE FINE ROUTE FIRST TO HAVE THEM, YOU KNOW, VIOLATING THAT, UH, AGAIN, WHAT SORT OF, COULD YOU IN A LITTLE MORE DETAIL WHAT RECOURSES WE HAVE? WELL, WELL TYPICALLY, IF THEY'RE VIOLATING THE SPECIAL USE PERMIT UNDER, UH, THE TOWN COUNCIL COULD DECIDE TO REVOKE THE PERMIT RIGHT OFF THE BAT.
UH, THAT I'M ASSUMING AT TIMES THAT THEY WANNA IMPOSE FINES ON THAT THEY WOULD CONSULT THE LEGAL TEAM ON THE FINES, ON THE DURATION, GIVE THEM A TIMEFRAME TO
[00:45:01]
GET THINGS, UH, WITHIN THAT TIMEFRAME FIXED.AND IF THEY DIDN'T, I ASSUME THAT THAT TIME THE PERMIT WOULD BE REVOKED.
OTHER QUESTIONS? MR. NEIL, DO YOU HAVE ANY QUESTIONS? NO, I'M GOOD.
MR. WEIR, THANK YOU VERY MUCH FOR AN EXHAUSTIVE PRESENTATION.
UH, AT THIS POINT, UH, WE NOW COME TO THE POINT WHERE I WILL OPEN THE PUBLIC HEARING, BUT LET ME JUST RESTATE, UM, THE GUIDELINES FOR PUBLIC HEARINGS.
UM, WHEN YOU STEP UP TO THE PODIUM, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I ASK THAT YOU DIRECT YOUR COMMENTS TO THE PLANNING COMMISSION.
UM, PLEASE DO NOT ADDRESS STAFF OR OTHER SPEAKERS.
THE PLANNING COMMISSION CANNOT RESPOND TO YOU, BUT WE WILL BE TAKING FURIOUS NOTES.
AND AFTER THERE IS A MOTION AND WE DISCUSS AMONG OURSELVES, THEN THE POINTS YOU RAISE, WE WILL HAVE NOTED AND WE WILL DISCUSS AMONG OURSELVES.
UM, PLEASE KEEP YOUR COMMENTS TO THREE MINUTES OR LESS RELEVANT TO THE TOPIC AT HAND.
DISRESPECTFUL OR UN COURTEOUS LANGUAGE WILL NOT BE TOLERATED.
AND PLEASE REMEMBER, IF YOU'RE CONCERNED ABOUT THINGS YOU'VE HEARD ABOUT WHAT MAY BE GOING ON OR BEING CONSIDERED IN THE COUNTY, PLEASE REMEMBER THIS IS THE TOWN TOTALLY DIFFERENT.
WELL, NOT TOTALLY, BUT LARGELY DIFFERENT ENTITY AND MAKING SEPARATE SET OF CODES HERE.
SO BEARING THOSE THINGS IN MIND, I WILL OPEN THE PUBLIC HEARING AND THE FIRST PERSON SIGNED UP IS BEN RANIERI.
THE LAST
UH, ACTUALLY THOUGHT I WAS THE LAST PERSON TO SIGN UP.
UM, AM I ALLOWED TO ASK A QUICK QUESTION FIRST? NO.
WELL, THEN I, UH, I APOLOGIZE.
THANK YOU GUYS, UH, ALL FOR DOING THIS AND ALL YOUR HARD WORK ON THIS.
UM, MY NAME IS BEN RANIER, 13 WEST SECOND STREET, FRONT ROYAL IN TOWN HERE.
UM, THANK YOU ALL VERY MUCH FOR THE, THE HARD WORK ON THIS AND THE PRESENTATION.
AND YOU COVERED A LOT OF, UH, THE POINTS I WAS GONNA BRING UP, BUT IT WAS MORE OF JUST LIKE THE DETAILS.
I UNDERSTAND THIS IS AN UNDERSTANDING OF, UH, THE SPECIAL USE PERMIT.
I PERSONALLY AM AN IT SUPPORT SPECIALIST, UH, CONSIDERED A SUBJECT MATTER EXPERT IT INFRASTRUCTURE, CLOUD INFRASTRUCTURE, AND THE, LIKE.
I'VE BEEN THROUGH MANY OF THESE, UH, DATA CENTERS INCLUDING LIKE IRON MOUNTAIN AND MANASSAS.
SO JUST GOING THROUGH MY POINTS, I'M, IT'S, UH, THE REASON WHY I WANTED TO KNOW IF I HAD A QUESTION, UM, IS BECAUSE, UH, I HAD A LOT OF POINTS.
THE, UM, UH, SORRY, OF COURSE, NOW IT'S NOT COMING UP.
UH, I REALLY NEED MY NOTES THERE AND I'M USING UP ALL MY TIME AND I APOLOGIZE.
I, I I'LL MAKE, UM, I GOT 'EM BACK HERE.
THIS IS THE PROBLEM WITH CLOUD.
AND, UH, FOR THE, UM, FA HIGH IMPACT FAIL SAFE PROTECTIONS, I DO, UH, ENCOURAGE US TO CONSIDER AMENDMENT, UH, FOR A DECOMMISSIONING AND FINANCIAL INSURANCE ASPECT.
UM, SO WITHOUT THIS, THE TOWN COULD INHERIT A MASSIVE UNUSABLE SHELL IN THE CASE OF A DATA CENTER THAT IS DECOMMISSIONED OR THE COMPANY LEAVES, UH, WHICH WE OBVIOUSLY DON'T WANT, AND ANY CONTAMINATION RISK.
UM, THE CURRENT DRAFT THAT YOU HAVE HAS NO DECOMMISSIONING OR FINANCIAL ASSURANCE SECTION.
SO MAYBE ADD A NEW SUB, UH, SUBSECTION UNDER 1 7 5 DASH SEVEN ZERO, UH, J OR IN 1 7 5 DASH SEVEN FOUR, UH, FOR DECOMMISSIONING AND SITE RESTORATION.
UM, I HAVE A LOT OF LITTLE POINTS IN THERE.
UH, I, I'D BE HAPPY TO SHARE THEM AND SEND THEM TO, UH, TO SOMEONE.
I KNOW YOU CAN'T ANSWER THAT, BUT I, I CAN PROBABLY FIND OUT LATER.
UH, HAZMAT CONTROLS ABANDONMENT TRIGGERS FINANCIAL ASSURANCE AND DECOMMISSIONING PLAN IN THE CASE THAT HAPPENS.
UM, IN THE CASE OF NOISE, UH, I WOULD ENCOURAGE CONTINUOUS, UH, MONITORING FOR A, UH, LIMITED TIME, AND ESPECIALLY IN THE BEGINNING, PUBLICLY POSTED MONITORING OF THAT, UH, NOISE.
NOW THE REASON WHY IS THE DRAFT HAS, UH, STRONG NUMERIC LIMITS, 59 TO 65 DECIBELS A DAY, 52 TO 58 DECIBELS AT NIGHT.
UH, AND THEIR TONAL PENALTIES FOR THAT, UH, POST OCCUPANCY CHECKS AND ANNUAL TESTING FOR 10 YEARS.
BUT NO CONTINUOUS MONITORING OR PUBLIC TRANSPARENCY.
UH, IF WE COULD ADD AN AMENDMENT TO 1 75 DASH SEVEN ZERO J FIVE IN THE NOISE SECTION, UM, AND HAVE A CONTINU, UH, CONTINUOUS MONITORING TYPE ONE, TWO, UH, NSI, UH, AND, UH, MULTIPLE CA CAMPUS BOUNDARIES.
I, I THINK THAT WOULD ACTUALLY GO OVER MUCH BETTER HAVE A PUBLIC DASHBOARD, UH, NEAR REALTIME
[00:50:01]
GRAPHS, UH, QUALITY ASSURANCE, AND, UH, MR. RA'S POINT, UM, ENFORCEMENT WITH TEETH.SO MAYBE AT THREE STRIKES AND MR. YOUR, YOUR MIC KIND OF WENT OFF, SO I THINK YOUR TIME IS UP.
NEXT IS, NEXT IS JIM COATES, 75 CHESTNUT TRAIL.
OH, NO, YOU GIVE YOUR ADDRESS.
UM, THANK YOU FOR GIVING ME THIS OPPORTUNITY TO SPEAK WITH Y'ALL TONIGHT.
UM, I GOOGLED, AS I'M SURE SOME OF YOU HAVE GOOGLED, BUT I GOOGLED DATA CENTER SOUND LEVELS AND GOOGLE TOLD ME THAT THEY REACHED 90 TO 96 DECIBELS AND THEN AROUND THE SERVER RACKS DUE TO THE OPERATION OF NUMBER SERVERS AND COOLING SYSTEMS, WHICH IS CONSIDERED A HIGH NOISE LEVEL.
WHILE THIS EXCEEDS ASHA'S REQUIREMENTS STANDARDS FOR SAFE HEARING FOR AN EIGHT HOUR SHIFT, ASHA RECOMMENDS THAT NOISE LEVELS AND DATA CENTER WORK CENTERS NOT EXCEED 75 DB.
SO I THOUGHT THAT WAS QUITE INTERESTING.
SO FOR THOSE OF YOU WHO MAY NOT KNOW WHAT 90 DB SOUNDS LIKE, YOU'RE ABOUT TO FIND OUT, I BROUGHT A NOISEMAKER, WHICH IS AN OLD GENERAL ELECTRIC RADIO, AND I GOT A RADIO SHACK DB METER, AND I'M GOING TO START SOME NOISE AND I'M GONNA TRACK THE NOISE LEVEL ON THIS DB METER.
NOW IT MIGHT GET A LITTLE NOISY, SO I'M GONNA RAISE MY HAND WHEN I REACH 90 DB SO Y'ALL CAN TELL, AND I DON'T WANT TO USE THE MIC BECAUSE THAT WOULD BE CHEAP, RIGHT,
OKAY, HERE WE GO TO THAT HOUSE.
IT GOT, I COULD GET IT UP TO 90, BUT HERE I HIGHEST I GOT WAS 88 AND I GUESS IT'S BECAUSE I'M IN TOWN.
BUT ANYWAY, IT'LL GIVE YOU AN IDEA.
YOU'LL SEE A LONG LIST OF PROMISES FROM DATA CENTERS, WORKFORCE TRAINING.
THEY'LL PROMISE TO DO WORKFORCE TRAINING.
THEY'LL ENGAGE WITH OTHER COMMUNITIES BY OFFERING SPONSORSHIPS, GRANTS, AND EMPLOY VOLUNTEER PROGRAMS. I HAVE A WHOLE LIST OF THINGS THAT DATA CENTERS WILL DO FOR US.
MAYBE YES, MAYBE NO, THERE ARE PROMISES.
ONLY THING I DO IS I ENCOURAGE THIS COMMITTEE WHEN GIVEN THOSE TYPES OF PROMISES, GET PROOF.
AND, AND LET ME JUST REMIND EVERYBODY, THIS IS THE PLANNING COMMISSION.
ALL WE CAN DEAL WITH IS LAND USE, UH, IN TERMS POLICY, EMPLOYMENT RELATIONS.
THAT'S NOT US, BUT THANK YOU FOR BRINGING UP THE POINTS.
[00:55:01]
UH, THANK YOU MADAM CHAIR COUNSEL.UM, I'M JARED HILL, ALSO KNOWN AS PARSON BROWN.
I COME FROM 1109 PANHANDLE ROAD IN BENTONVILLE, ACTUALLY, ORIGINALLY, UM, THANK YOU FOR THAT PRESENTATION.
THE COMPARISON OF DATA CENTERS VERSUS VAPE SHOPS IN, UH, THE ADVANCE ACT.
UH, THE ACCELERATING DEPLOYMENT OF VERSATILE ADVANCED NUCLEAR FOR CLEAN ENERGY ACT WAS SIGNED IN, I THINK IT WAS JULY OF 2024.
AND THAT DIRECTS THE NRC TO SPEED UP LICENSING FOR SMALL MODULAR REACTORS, UH, AT LOWER FEES.
UH, THOSE ARE BASICALLY LIKE SMALL NUCLEAR REACTOR BATTERIES THAT WE PLACE PUT IN PLACE FOR DATA CENTERS.
THIS RUSHED PROCESS COULD PUT WARREN COUNTY FRONT ROYAL AND THE SHENANDOAH AT RISK WITHOUT ADEQUATE REVIEW, UM, OR FORETHOUGHT.
THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION, THAT'S VIRGINIA'S LEGISLATIVE RESEARCH AGENCY, REPORTS THAT DATA CENTERS USE LESS THAN 0.5% OF STATE WATER, BUT IN SOME LOCALITIES, THEY CONSUME OVER 20% OF UTILITY WATER.
UM, SO A WATER COOLED CAMPUS, UH, ON THE SHENANDOAH COULD STRAIN LOCAL CAPACITY, ESPECIALLY IN TIMES OF DROUGHT.
SO I WOULD JUST SUGGEST THAT ANY PROJECT SHOULD DISCLOSE WATER POWER GRID DEMAND UPFRONT, UH, TO USE AIR COOLING OR RECLAIMED WATER, UH, TO FOLLOW PROPERTY LINE NOISE LIMITS, AS WE'VE DISCUSSED, UM, AND COMPLETE A FULL COMMUNITY IMPACT STUDY.
UM, DUE TO THE ADVANCE ACT, LOCAL GOVERNMENTS MUST BE RESPONSIBLE.
WE HAVE TO BE OUR OWN STEWARDS.
AND SO IT'S VERY IMPORTANT FOR US TO TAKE ALL OF THESE THINGS INTO CONSIDERATION.
AND I THANK YOU FOR YOUR TIME.
UH, NEXT SPEAKER IS JOHN LUNDBERG.
I LIVE AT 2 0 3 PEACHTREE COURT HERE IN FRONT ROYAL.
I APPRECIATE THE OPPORTUNITY TO TALK TONIGHT ON DATA CENTERS IN FRONT ROYAL, I WISH TO LEAVE WITH NEW MEMBERS OF THE PLANNING COMMISSION.
POINT NUMBER ONE, AS FRONT ROYAL SEEKS TO ADD DATA CENTER PERFORMANCE STANDARDS TO ITS TOWN CODE, IT IS ABSOLUTELY NECESSARY IN MY VIEW THAT FRONT LOYAL, FRONT ROYAL LEARNED FROM THE DEVASTATING EFFECTS MISTAKES OF THE SEVEN COUNTIES IN NORTHERN VIRGINIA WERE MORE THAN 500 DATA CENTERS HAVE BEEN BUILT SINCE THE FIRST ONE WAS CONSTRUCTED IN 1998.
POINT NUMBER TWO, AS ANY FIRST YEAR LAW SCHOOL STUDENT WILL TELL YOU, IF YOU TRY TO OUTRIGHT BAND DATA CENTERS, YOU WILL GET SUED AND YOU WILL LOSE IN COURT.
A MUCH BETTER COURSE OF ACTION IS THE ONE THAT YOU PEOPLE ARE TAKING, WHICH IS TO ADD PERFORMANCE STANDARDS TO OUR TOWN CODE, AND THEN ENFORCE THOSE CODES WHEN AMAZON WANTS TO BUILD A 1 MILLION SQUARE FOOT BUILDING ON A 100 ACRE SITE NEXT TO CHRIST COLLEGE.
POINT NUMBER THREE, I AM VERY IMPRESSED WITH THE PERFORMANCE STANDARD DRAFTED BY CONNIE MARSH, ALAN NEAL, AND THE REST OF THE, UH, PLANNING PERFORMANCE PEOPLE HERE TONIGHT.
IF THESE STANDARDS ARE ADOPTED, DATA CENTERS WOULD NOT BE ABLE TO USE FRONT ROYALS DRINKING WATER TO COOL COMPUTERS.
UNLIKE THE SITUATION IN FAIRFAX COUNTY, LOUDOUN COUNTY AND PRINCE WILLIAM COUNTY, WHERE 80% OF THOSE 500 DATA CENTERS ARE BUILT AND WHERE DRINKING WATER IS USED TO COOL THOSE COMPUTERS, NOR IF THESE STANDARDS ARE ADOPTED, WOULD DATA CENTERS BE ABLE TO BUILD HUGE ELECTRICAL INFRASTRUCTURES LIKE ELECTRICAL TOWERS, ELECTRICAL CABLES AND TUNNELS AT TAXPAYERS EXPENSE? I REPEAT AT TAXPAYERS JUST LIKE THEY'RE ABLE TO DO IN THE THREE COUNTIES IN NORTHERN VIRGINIA THAT I JUST MENTIONED.
IN ADDITION, IF THESE DATA CENTERS OR IF THESE STANDARDS ARE ADAPTED, FRONT ROYAL WILL BE ABLE TO ONE, ENFORCE ONE OF THE STRICTEST NOISE STANDARDS, LIGHT STANDARDS AND VIBRATION STANDARDS IN THE STATE TO CAP THE HEIGHT OF BUILDINGS IN FRONT ROYAL AT 75 FEET, WHICH IS 25 FEET LESS THAN THE HIGHEST STANDARD IN THE HIGHEST BUILDING IN THE THREE COUNTIES IN NORTHERN VIRGINIA.
AND MAYBE MOST IMPORTANT CAP, THE SQUARE FOOTAGE OF BUILDINGS CONSTRUCTED IN FRONT
[01:00:01]
ROYAL TO 100,000 SQUARE FEET, WHICH IS 80% OF THE, WHICH IS IT? IT, UH, IS 80% SMALLER THAN THE SIZE I'M GETTING THE SIGN FROM, I THINK FROM THE CHAIRMAN.HOW DO YOU, IS IT ON? I CAN'T TELL.
HOW DO YOU DO? MY NAME IS THOMAS ARI, 33 CEDAR SIDE COURT.
UM, I WANT TO THANK YOU FOR YOUR WORK ON THIS, UH, ZONING.
AND, UM, UH, I'D LIKE TO REITERATE MY PERSONAL CONCERNS REGARDING WATER, UM, WHICH IS, UM, MY, UH, MAIN CONCERN BECAUSE I DO THINK THAT THE, THE, THE, THE SOUND STANDARDS SEEM PRETTY SOLID, BUT MY MAIN CONCERN IS WATER, BECAUSE WE'VE BEEN HAVING LOTS OF DROUGHTS AND, UM, IT REMAINS AN ISSUE.
UM, THERE HAVE BEEN BIG ISSUES IN TEXAS AND IN NORTHERN VIRGINIA DUE TO THE WATER AND, UH, USING PORTABLE WATER.
ONE OF THE THINGS THAT ISN'T IN HERE, AND PERHAPS I'M MISSING SOMETHING, BUT, UM, IS AWKWARD FOR WATER, WHETHER THEY'RE GONNA BE ALLOWED TO USE, UH, WATER THAT IS UNDERNEATH THE GROUND THAT COULD AFFECT NEARBY HOUSES THAT ALSO USE, UM, POTABLE GET DRINKING WATER FROM WELLS AND UNDER AN UNDERGROUND WATER RATHER THAN WATER THAT'S COMING FROM THE, NECESSARILY FROM THE CITY.
RIGHT? AND, UM, BECAUSE IT'S NOT ADDRESSED, IT MAKES ME NERVOUS BECAUSE THAT SEEMS TO ME MAYBE PERHAPS A LOOPHOLE THEY COULD USE.
UM, I ALSO THINK THAT WHILE THE ENCOURAGEMENT OF, UH, LOW WATER, UH, YOU KNOW, DIFFERENT AND MORE ENVIRONMENTALLY FRIENDLY AND LOW USE WATER SYSTEMS IS GOOD, UM, I'M CONCERNED THAT IT IS VERY, IT IS PERMISSIVELY WRITTEN.
UM, THE WAY THAT IT'S SAID, IT'S, IT'S, WE WANT TO ENCOURAGE YOU TO USE THESE THINGS.
WE WANT TO, YOU KNOW, UM, IF I CAN, MAYBE I COULD READ THE ACTUAL LANGUAGE, UM, WHERE POSSIBLE THE PRE PRIORITIZATION OF COOLING TECHNOLOGIES THAT SIGNIFICANTLY REDUCE WATER CONSUMPTION IS ENCOURAGED.
SO THAT'S, THAT SOUNDS SOMETHING LIKE, OKAY, WELL, WE'RE GONNA DO SOME STUDY AND THEN WE'LL SAY, OH, IT'S NOT POSSIBLE GUYS.
UM, SO JUST LET US USE A LOT OF WATER AND ACCORDING TO OUR OWN, UM, OUR OWN STANDARDS THAT THAT WOULD BE ALLOWED.
AND, AND, AND THAT'S A MAJOR CONCERN FOR ME BECAUSE, UM, WE DON'T WANNA HAVE TO START IMPORTING WATER TO TAKE CARE OF OUR CITIZENS.
WE DON'T WANNA START IMPORTING WATER FROM OUT OF TOWN TO DO THAT.
I THINK THAT, UM, IT'S, IT'S A GOOD IDEA THAT, UH, WE, WE, WE KIND OF BEEF UP THE, UM, IMPACT ANALYSIS, MAYBE DO A LITTLE BIT MORE OF A WATER IMPACT ANALYSIS WITHIN THE, UM, I KNOW THAT THERE'S A, I KNOW THAT THE ZONING LAW HAS AN IMPACT ANALYSIS ALREADY WRITTEN INTO IT, BUT THAT TOO ALSO DOESN'T ADDRESS AQUIFERS AND IT DOESN'T, UM, ADDRESS OTHER, I THINK, UM, MORE, IT TALKS ABOUT LIKE CLEANLINESS OF WATER AND WASTEWATER, BUT IT DOESN'T, UM, I THINK IT KIND OF LEAVES A LARGE, UH, FIELD OPEN.
THANK YOU VERY MUCH FOR, UH, TAKING THE TIME TO LISTEN TO ME AND, AND, UH, YOU HAVE A GREAT DAY.
THANK YOU FOR CRAMMING SO MUCH HARD STUFF IN A SHORT SPACE.
UH, MY NAME'S EVAN CASEY, 4 1 0 3 REMOUNT ROAD FRONT ROYAL.
UM, SO A LOT OF THE POINTS THAT HAVE BEEN ADDRESSED, I, I SHARE KIND OF THE SENTIMENT.
THIS IS REALLY GREAT THAT WE'RE BUILDING IN.
SO, UM, STRINGENT RESTRICTIONS ON, ON DATA CENTERS, UM, AND IN THE EFFORT TO KEEP KIND OF THE COMMUNITY AND, AND THE AREA, UM, MORE RURAL AND, AND PROTECTED.
UM, I KNOW THERE WAS THE MENTION OF, OF NOISE AND, AND DECIBELS BEING DIFFERENTIATED BETWEEN, UH, DBA, UH, DBA AND UH, DBC.
UM, SO KIND OF THE DBC SIDE OF THINGS WHERE IT'S MORE OF THE TONAL FREQUENCIES, THAT REALLY LOW, LOW BROADBAND LEVEL, WHICH OFTENTIMES ISN'T HEARD UNTIL MUCH LATER.
THERE'S ALSO SOME PEOPLE WHO CAN HEAR THEM OR MORE SENSITIVE TO THEM THAN OTHERS, AND THEN THAT ALSO REALLY IMPACTS WILDLIFE.
SO I THINK, UM, BUILDING THOSE RESTRICTIONS AND THOSE, THOSE GUIDELINES IN AND SEPARATING THOSE TONAL FREQUENCIES FROM, FROM THE STANDARD KIND OF EPA DECIBEL LEVEL OF, UH, WHAT IS IT, 55 DURING THE DAY AND 45 AT NIGHT, UM, AS KIND OF JUST A BLANKET STATEMENT, SEPARATING THAT INTO TONAL FREQUENCIES VERSUS, UM, THE, THE DBA FREQUENCIES, UM, IS REALLY IMPORTANT.
THE, UH, PRINCE WILLIAM COUNTY RELEASED A STUDY IN MARCH OF THIS YEAR THAT KIND OF DOVE INTO THAT MORE, AND IT WAS AN UPDATE TO THEIR, THEIR NOISES ORDINANCE SPECIFICALLY AROUND DATA CENTERS, SPECIFICALLY AROUND THE TONAL FREQUENCIES.
SO, UM, IF THAT, I KNOW THIS HAS BEEN IN THE WORKS FOR A LONG TIME, SO IF THAT HASN'T BEEN BROUGHT INTO THE CONVERSATION, UM, WOULD KIND OF ENCOURAGE THAT TO BE, BE A PART OF THE CONVERSATION AND
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SEEING AS HOW WE'RE A LOT MORE RURAL THAN THE MANASSAS, THE FAIRFAX, AND THE AREAS CLOSER TO DC, UM, AND RIGHT, RIGHT ON THE HEART OF SHENANDOAH VALLEY AND SKYLINE DRIVE WOULD ALSO ENCOURAGE THOSE TONAL FREQUENCIES IN FRONT ROYAL TO MAYBE BE A LITTLE BIT MORE RESTRICTIVE THAN WHAT THEY'RE DOING IN, IN PRINCE WILLIAM COUNTY, UM, TO KIND OF KEEP THAT WILDLIFE ATMOSPHERE THAT WE HAVE IN, IN SHENANDOAH, UM, ALIVE.UH, MORGAN SPENCER, I, UH, HI, I'M MORGAN.
UM, I LIVE AT 2, 2 4 5 BUCK MOUNTAIN ROAD IN BENTONVILLE.
UM, AND I JUST MOVED HERE, LIKE I PURCHASED MY HOUSE LAST MONTH.
UM, SO I'M NEW TO THE AREA, BUT WHAT I'M NOT NEW TO ARE DATA CENTERS.
UM, I AM A PIPE FITTER, SO I AM A MEMBER OF UA LOCAL 6 0 2, UM, AND I BUILD THE COOLING SYSTEMS FOR THESE DATA CENTERS.
UM, I HAVE WORKED SIX DAYS A WEEK ON THESE DATA CENTERS FOR THE LAST THREE YEARS.
UM, AND SO SOME OF THE, UM, I GUESS I HAVE QUESTIONS PEOPLE ARE GONNA BRING UP THE NOISE, ESPECIALLY BEING OUT HERE WHERE IT'S SO QUIET.
UM, AND I'M ASSUMING THAT THE RESTRICTIONS ON THE DECIBELS ARE RELATED TO WHEN THE DATA CENTER IS OPERATIONAL, AND I WAS CURIOUS IF THERE'S A DIFFERENCE WHEN IT'S BEING BUILT.
BECAUSE I WORK SIX, SOMETIMES SEVEN DAYS A WEEK.
THERE ARE SUNDAYS THAT WE WORK, UM, THE SMALLER DATA CENTERS, WHEN YOU HAVE A LOT OF TRADES IN A SMALLER SPACE AND THEY JUST PACK THEIR SERVERS MORE DENSELY, YOU'LL DO A LOT OF NIGHT SHIFT.
SO YOU'LL HAVE YOUR ELECTRICIANS ON DAY SHIFT AND YOUR FITTERS AND PLUMBERS ON NIGHT SHIFT SO THAT YOU'RE NOT TRYING TO WORK IN THE SAME SPACE AT THE SAME TIME.
SO THAT'S ANOTHER THING TO CONSIDER.
UM, BUT, UM, WHAT ELSE? A LOT OF SYSTEMS NOW ARE GLYCOL SYSTEMS, SO IT'S NOT ACTUALLY, IT'S A CLOSED SYSTEM.
YOU DON'T ACTUALLY LOSE A LOT OF THE LIQUID IN THE PIPES AND IT'S NOT WATER, IT'S GLYCOL.
SO, UM, IT'S NOT AS TAXING ON THE, UM, THE LOCAL ENVIRONMENT WATER SOURCES.
UM, SO, BUT YOU KIND OF ALSO HAVE TO WATCH YOUR GENERAL CONTRACTOR ON THAT.
UM, AND THEN I JUST WANTED TO SAY THAT I AM LOOKING AT ALL THESE, YOU KNOW, YOUR PROPOSED DEFINITION AND HOW, YOU KNOW, 250 FEET FROM THE PROPERTY LINE.
ALL OF THESE RESTRICTIONS I THINK ARE PRETTY GOOD COMPARED TO WHAT'S HAPPENING IN MANASAS AND ASHBURN WHERE I'VE BEEN WORKING.
UM, BECAUSE IT GIVES, RIGHT, 'CAUSE OUTRIGHT BANNING THEM IS PRETTY HARD.
UM, BUT IT ALLOWS THE TOWNSHIP TO MAINTAIN A LOT OF SAY, OVER EACH INDIVIDUAL PROJECT.
UM, AND SO IF THERE IS EVER A WAY TO CONTROL THESE THINGS, I THINK YOU GUYS ARE HEADED IN THE RIGHT DIRECTION.
UM, AND I THINK THAT'S EVERYTHING.
AND I THINK IT'S MARBURG, BUT I CAN'T BE SURE.
UM, A TECHNICALITY, PLEASE RESTATE YOUR NAME AND ADDRESS, PLEASE.
CHRIS MARBURY, 1234 BOWLING GREEDY ROAD.
UM, I LIVE IN THE COUNTY, SO I'M NOT LIKE IN THE TOWN PROPER, IF I CAN STILL ADDRESS.
UM, SO, UH, SEEING THE PROPOSAL, LIKE THE, THE ARGUMENTS PUT FORTH FOR RESTRICTING AND MAKING SURE THAT WE CAN KIND OF CONTROL LIKE DATA CENTERS BEING BUILT HERE A LITTLE BIT BETTER THAN OTHER COMMUNITIES, UM, HAS BEEN REALLY, UH, WELL PUT TOGETHER.
I THINK A COUPLE OF POINTS THAT I HAVE, UM, REALLY EMPHASIZING, UM, THE U UH, THE WAY, UH, DATA CENTERS, UM, KIND OF NUMBER THEMSELVES WITH MEGAWATTS IN USE, KIND OF DETERMINES THE NUMBERS OF SYSTEMS IN THEM, THEIR POWER USE, EFFICIENCY.
UM, THE HIGHER THE NUMBER, THE MORE EFFICIENT IT IS.
SO LIKE, KIND OF STRESSING THOSE FACTORS, UM, ON MAKING SURE THAT THEY'RE ACTUALLY PUTTING FORTH EFFORT TO BE MORE EFFICIENT AND, UM, KIND OF, UH, PUTTING LIMITS ON THE TOTAL AMOUNT OF POWER THAT THEY CAN DRAW.
'CAUSE A LOT OF THESE NEW DATA CENTERS ARE NOTHING LIKE TRADITIONAL DATA CENTERS.
AND THE POWER DRAW GOES FROM LIKE, THE, THE HIGH DENSITY ONES NOW ARE LIKE 50, A HUNDRED MEGAWATTS PLUS, LIKE, WHICH OUR SIZE RESTRICTIONS HERE WOULD KIND OF NEGATE THAT.
BUT KIND OF LEANING TOWARDS ACTUALLY ADDRESSING THOSE IN THE ORDINANCE MIGHT HELP WITH KIND OF THEM OVERSHOOTING, UM, WHAT WE WOULD ACTUALLY BE SUSTAINABLY ABLE TO DO AS A COMMUNITY.
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WATER USAGE SECTIONS OF IT KIND OF, UM, ALLOW, LIKE SEEMINGLY ALLOW, LIKE, ALONG WITH THE AQUIFER STATEMENT BY THE OTHER GENTLEMAN.UM, THEY'RE, THEY CAN'T PERMANENTLY USE POTABLE WATER, BUT THEY'RE ALLOWED TO TEMPORARILY USE POTABLE WATER.
WHAT SORT OF TIME RESTRICTIONS CAN WE PLACE ON THAT, UM, TO MAKE SURE THAT THEY'RE NOT LIKE JUST BEING LIKE, OOP, EMERGENCY, EMERGENCY.
AND THEN IT BECOMES BASICALLY A PERMANENT USAGE QUESTION.
UM, AND THOSE ARE REALLY THE POINTS THAT I HAD TO ADD IN, ALONG WITH BASICALLY THE FEELING OF THE REST OF THE FOLKS THAT HAVE SP SPOKEN THUS FAR.
UM, I'M AT 1 1 2 LERAY A INTOWN.
UH, I WANNA POINT OUT IN, UH, PEOPLE HAVE RAISED GREAT OBJECTIONS.
IT'S, IT'S GREAT ALSO TO SEE THAT THE PAN, IF WE LOOK ON PAGE 10 OF TODAY'S HANDOUT, CONSTRUCTION WORK IS GOVERNED BY EXISTING NOISE ORDINANCES, NOT THE DURING OPERATIONAL.
SAME THING WE FIND ON PAGE 12 WHERE NOISE AND WHERE VIBRATION IS COVERED BY CONSTRUCTION THINGS AND NON-OPERATIONAL.
AND, AND FINALLY, JUST IN EIGHT C ON PAGE 13, WHERE IT COVERS REALLY WELL THAT TEMPORARY POTABLE WATER FOR INDUSTRIAL COOLING MAY BE PROVIDED THROUGH A WATER SERVICE AGREEMENT APPROVED BY THE TOWN TO BRIDGE INITIAL WATER REQUIREMENTS WHILE AN INDUSTRIAL REUSE WATER SYSTEM IS BEING CONSTRUCTED.
TO ME, THAT SAYS YOU CAN FILL YOUR TANK ONCE.
UM, I JUST ALSO WANT TO PRAISE JUST THE PRIOR WORK DONE ON THE SELECTION OF THE I TWO ZONES, WHICH HAVE THE BIG HONKING, TO USE THE TECHNICAL TERM, BIG HONKING POWER LINES ALREADY THERE.
THE, THE HIGH KILOWATT LINES LEFT OVER FROM AVTEC, THAT, THAT RUN AND TERMINATE THERE WITH NO CURRENT USE READY TO BE REUSED.
AND THEN THE, THE EVEN LARGER 500 KILOWATT LINES THAT PASS OVER THE HAPPY CREEK SITE.
SO I I, NOT ONLY IS IT A GREAT SET OF PLANS IN MY OPINION, BUT IT'S, IT'S WELL MATCHED TO THE I TWO ZONE.
UH, THAT IS THE LAST THING THAT IS ON THE SIGNUP SHEET.
UH, SO, UM, AT THIS POINT I THINK THAT WE HAVE, UH, OTHER PEOPLE HAVE COME IN, BUT, UH, UH, IS THERE ANYBODY ELSE WHO WANTS TO SPEAK, WHO DIDN'T GET TO SIGN UP ON THE SHEET? UH, OKAY.
UM, AND, UH, IF YOU WEREN'T HERE TO HEAR THE ANNOUNCEMENT, PLEASE LIMIT YOUR REMARKS TO THREE MINUTES AND, UH, KEEP THEM ON TARGET.
UM, WE WILL WAIT UNTIL EVERYBODY HAS SIGNED UP BEFORE ANYBODY SPEAKS.
I LIVE AT 83 MASS NUTTON FARMS ROAD.
UM, I'VE BEEN RESIDENT OF WARREN COUNTY FOR, UH, I THINK 25 YEARS NOW.
UM, I APPRECIATE MANY OF THE COMMENTS WERE ALREADY MADE AND JUST HAVE, UM, A FEW THINGS TO ADD TO THOSE COMMENTS.
UM, ONE OF THEM IS REGARDING, UM, COMMISSIONER ZOS CONCERN REGARDING, UM, THE VISTAS NEAR THE CHANDLE RIVER.
'CAUSE THAT WAS SOMETHING THAT HAD ALREADY STRUCK ME.
COULD YOU PUT THE MICROPHONE CLOSER TO YOUR MOUTH, PLEASE? SURE.
MY CONCERN ABOUT THE SHENANDOAH RIVER, THERE'S A MENTION ABOUT DIFFERENT SETBACKS, UM, FROM OTHER PROPERTIES AND DIFFERENT THINGS, PERHAPS A SETBACK FROM THE RIVER ITSELF COULD ALSO BE INCLUDED
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SPECIFICALLY TO MAINTAIN THAT BEAUTIFUL AREA AND, UM, FOR ENVIRONMENTAL CONCERNS, WHICH I KNOW ARE NOTED, BUT ALSO JUST FOR THE, FOR THAT BEAUTY OF THE RIVER.UM, AND THAT'S ONE THING THAT OCCURRED TO ME.
UM, ANOTHER THING IS TO TALK ABOUT IS THE SIZE OF THE GENERATORS, WHICH ARE QUITE LARGE.
UM, IF WE CAN SPECIFY THAT THEY ARE AT ADHERE TO THE HIGHER LEVEL, UM, LIKE AN EPA TIER FOUR OR HIGHER, UM, THESE GENERATORS ARE THE SIZE OF RAILROAD CARS.
SO THEIR, UM, THEIR CAPACITY AND THEIR ENVIRONMENTAL IMPACT CAN BE MITIGATED BY ENSURING THAT WE, UM, HOLD THOSE TO THE HIGHEST STANDARDS.
UM, AGAIN, TO HELP, UH, PROTECT OUR COMMUNITY HERE.
UM, PERHAPS WE COULD REMOVE THE EXCEPTIONS FOR EMERGENCY OPERATIONS FROM THE NOISES, UM, WHEN THEY'RE USING A BACKUP GENERATOR.
SO THEY STILL WOULD HAVE TO ADHERE TO THOSE NOISE AUDIENCES, EVEN IN AN EMERGENCY SITUATION.
THEY WOULD HAVE TO STILL COMPLY.
AND I LIKE BEN RANIER'S SUGGESTION ABOUT THE, UM, PUBLICLY AVAILABLE, UM, PUBLICLY SHOWING THE NOISE VOLUME, UM, DURING DIFFERENT TIMES.
'CAUSE THAT WOULD HELP JUST WITH TRANSPARENCY, TRANSPARENCY AND TRUST IN THE COMMUNITY.
AND ALSO KNOWING IF THEY WERE VIOLATING THAT AND HAVING SOME, UM, KIND OF, UH, YOU KNOW, REPERCUSSIONS THERE.
MAYBE IF THERE WERE TOO MANY VIOLATIONS WITHIN A SIX MONTH OR A 12 MONTH PERIOD THAT THEY WOULD, UM, YOU KNOW, HAVE TO RESEND THE CUP OR HAVE SOME KIND OF ACTUAL REPERCUSSIONS.
BECAUSE RIGHT NOW, NOISE ORDINANCE FINES ARE A FEW HUNDRED DOLLARS OR SOMETHING LIKE THAT.
FOR SOMETHING THAT'S CREATING HUNDREDS OF THOUSANDS OF DOLLARS OR MORE IN REVENUE, THAT'S NOT REALLY, YOU KNOW, THAT BIG OF A DETERRENT, I WOULDN'T THINK.
UM, AGAIN, ECHOING ABOUT THE DECOMMISSIONING PROCESS, MAKING SURE THAT THE TALENT IS PROTECTED IF AND WHEN, UM, THESE STRUCTURES ARE NO LONGER IN USE BECAUSE TECHNOLOGIES DO CHANGE VERY QUICKLY.
SO WHAT DOES THAT LOOK LIKE? WHAT IS THE EXIT STRATEGY THERE? AND JUST ANY OF THESE THINGS, UM, TIGHTENING UP SOME OF THE LANGUAGE OR LIKE, IF IT EVER SAYS WE'LL BE SUGGESTED OR WILL BE ENCOURAGED, IF WE ACTUALLY WANT IT, WE NEED TO CODIFY IT, BECAUSE OTHERWISE IT DOESN'T HAVE ANY TEETH TO IT.
SO IF IT'S SOMETHING THAT'S IMPORTANT TO US, LET'S MAKE IT A REQUIREMENT INSTEAD OF A SUGGESTION.
UM, THOSE WOULD BE MY MAIN, MY MAIN CONCERNS.
THANK YOU ALL SO MUCH FOR YOUR WORK YOU'VE DONE.
I APPRECIATE THE, THE CONCISENESS OF YOUR REMARKS, EVERYBODY.
HOLD ON JUST A SECOND SO MY COLLEAGUES CAN FINISH TAKING NOTES.
FATHER, I AM AT 1 5 8 CAL MOUNTAIN ROAD.
UM, SO FIRST OF ALL, I WANNA THANK YOU GUYS.
THIS IS A VERY ROBUST, UM, PLAN.
UM, MOST, I'M SURE THE MOST ROBUST FOR A FIRST DRAFT THAT'S PROBABLY BEEN DONE IN VIRGINIA.
UM, AND I'M GLAD THAT YOU GUYS CONSULTED OTHER MUNICIPALITIES, KIND OF SEE WHAT THEY WOULD'VE DONE DIFFERENTLY.
UM, AND I UNDERSTAND THAT THIS IS TIMELY.
OBVIOUSLY WE WANT TO GET THIS IN ON TIME, MAKE SURE THAT NOBODY SLIPS THROUGH THE CRACKS, AND WE CAN GET THIS IN BEFORE WE RECEIVE ANY KINDA APPLICATIONS.
UM, THE A HUNDRED THOUSAND SQUARE FOOT, I REALLY LIKE THAT KEEPS THEM PRETTY SMALL.
UM, THE QUESTION THAT I WOULD HAVE IS, ARE THEY ABLE TO STACK ON TO EACH OTHER AS FAR AS SIDE BY SIDE? YOU'LL SEE IN MANASSAS, THEY HAVE DATA CENTER CAMPUSES WHERE THEY HAVE MULTIPLE DATA CENTERS RIGHT NEXT TO EACH OTHER SEPARATED BY ONLY A FEW FEET.
UM, THAT KIND OF NEGATES, YOU KNOW, MAYBE IT'S A HUNDRED THOUSAND SQUARE FEET PER STRUCTURE, BUT YOU STACK FIVE OF THEM NEXT TO EACH OTHER AND NOW YOU HAVE A 500,000 SQUARE FOOT STRUCTURE INSTEAD EFFECTIVELY.
UM, AND THEN AS FAR AS THE BUFFER ZONES THAT WE'RE CREATING AROUND THE DATA CENTERS, UM, IN MY OPINION, 200 FEET REALLY ISN'T THAT MUCH.
IF YOU CAN IMAGINE STEPPING OUT OF YOUR HOUSE AND HAVING A DATA CENTER LESS THAN A FOOTBALL FIELD'S LENGTH AWAY FROM YOUR HOUSE, UM, MAINLY BECAUSE THE LOW FREQUENCY VIBRATIONS ARE GONNA BE MESSING WITH YOUR HOUSE.
JUST IMAGINE LIKE A BOX CAR, YOU KNOW, WHEN THE RAILROADS ARE GOING, WHEN A TRAIN'S GOING BY.
ALL THAT RATTLING THAT'S HAPPENING WITH DATA CENTERS.
IT'S JUST NOT AS LOUD OR OBVIOUS BECAUSE THERE'S NOT ANY KIND OF MOVEMENT THERE, BUT IT IS, IT IS HAP IT DOES HAPPEN.
WINDOWS RATTLE, THINGS LIKE THAT.
SO I WOULD SUGGEST IT'S LIKE A TWO MILE RADIUS, ESPECIALLY FROM NEIGHBORHOODS, SCHOOLS, MAKING SURE THAT, YOU KNOW, WE'RE NOT AFFECTING THE YOUTH OR PEOPLE THAT ARE ALREADY LIVING HERE IN FAVOR OF, YOU KNOW, A LARGE COMPANY'S INTEREST AS OPPOSED TO OUR RESIDENTS.
UM, AND THEN AS FAR AS THE WATER, I LIKE THE IDEA OF HAVING THEM USE LESS OF OUR WATER, BUT IT'S A DOUBLE-EDGED SWORD.
IF THEY USE LESS OF OUR WATER, THEY'RE GONNA MOVE MORE TOWARDS THE ELECTRICAL STU SIDE OF THINGS.
SO JUST MAKING SURE THAT WE HAVE A PLAN IN PLACE THAT IF THEY DO MAX OUT OUR SUBSTATIONS, WHO'S RESPONSIBLE FOR BUILDING THE NEW SUBSTATION? IS IT GONNA BE THE TAXPAYER WHO'S GONNA HAVE TO BUY THEIR INFRASTRUCTURE FOR THEM OR IS THAT GONNA BE ON THEIR DOLLAR? UM, AND THEN, UM, SIMILAR TO WHAT, UM, MARIA SAID, UH, WITH THE GENERATORS RECENTLY, THERE WAS AN EVENT IN LOUDOUN
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WHERE ELECTRICITY CUT OUT THEIR GENERATORS, WENT ON FOR ALMOST A WEEK, JUST BELCHING SMOKE REALLY LOUD, GOT A LOT OF COMPLAINTS, UM, FROM THE LOCAL RESIDENTS.UH, THEY WERE COMPLAINING ABOUT SMELLS, BREATHING, COUGHING, ALL THAT KIND OF THINGS, JUST TO MAKE SURE THAT WE HAVE THE CLEANEST POSSIBLE, UM, HIGHEST TIER GENERATORS, JUST TO MINIMIZE THAT EFFECT ON OUR RESIDENTS.
UM, AND THEN JUST TWO MORE QUICK POINTS.
AS FAR AS CORRECTIVE MEASURES FOR DATA CENTERS, IN MY OPINION, THEY REALLY CAN'T BE MONETARY.
'CAUSE ONCE THE DATA CENTER IS BUILT, THESE ARE HUNDREDS OF MILLION DOLLAR FACILITIES FOR THE LARGER ONES.
OBVIOUSLY THESE ONES ARE SMALLER, BUT THEY WILL, UM, BE, THEY'LL APPEAR THEMSELVES IN SIX MONTHS.
SO THAT'S HUNDRED MILLION DOLLARS IN SIX MONTHS.
SO IF WE'RE CHARGING THEM 5,000 A WEEK OR SOMETHING LIKE THAT, IT'S A DROP IN THE BUCKET FOR THEM.
UM, SO I'M GETTING THE TIME, BUT THANK ALL FOR YOUR TIME AND EVENING.
UH, I LIVE AT 3 28 VIRGINIA AVENUE.
UM, THANK YOU FOR HAVING ME, AND THANK YOU FOR THIS PRESENTATION.
IT SEEMS A LOT MORE ROBUST AND SOLVES A LOT OF PROBLEMS. I THINK, UH, THIS IS ACTUALLY MY FIRST ANY SORT OF LOCAL GOVERNMENT MEETING I'VE EVER ATTENDED.
UH, I MOVED HERE JUST EIGHT MONTHS AGO FROM SALT LAKE CITY.
UM, THAT'S WHY, 'CAUSE IT'S A DROP.
IT DOESN'T MATTER THERE, RIGHT? UM, BUT I GREW UP IN A SMALL TOWN OF ABOUT 5,000 PEOPLE, SO I KNOW WHAT LIKE LOCAL CULTURE IS ABOUT.
I KNOW HOW IMPORTANT THAT IS AND HOW FRAGILE IT IS.
UM, WHEN WE WERE DECIDING WHERE TO MOVE, WE DECIDED TO MOVE HERE SPECIFICALLY BECAUSE IT FELT LIKE A PLACE WHERE WE COULD PUT DOWN ROOTS BECAUSE PEOPLE CARED ABOUT THE LOCAL NATURE.
THEY CARED ABOUT THE RURAL ENVIRONMENT, THEY CARE ABOUT DEVELOPERS, THEY CARE ABOUT THESE THINGS.
AND THAT WAS REALLY, REALLY APPEALING TO US, RIGHT? WE DIDN'T WANT TO COME IN AND BE A PART OF A COMMUNITY AND LIKE IMPORT IDEAS LIKE SO MANY PEOPLE DO WHEN THEY'RE MOVING AROUND THESE DAYS.
BUT WE WANTED TO COME HERE AND BE A PART OF THIS COMMUNITY THAT WAS REALLY, REALLY IMPORTANT TO US.
SO I, AND I, I CAME HERE AND VISITED THREE TIMES.
UM, HOWEVER, MY WIFE MOVED WITH ME AND OUR FOUR KIDS SIGHT UNSEEN.
AND AS WE WERE DRIVING IN, UH, SHE TURNED TO ME AND SAID THAT, UH, YEAH, I I REALLY THINK YOU UNDERSOLD VIRGINIA.
AND I THINK YOU ALL KNOW THAT, UM, YOU'RE HALF, YOU'RE HALFWAY THROUGH YOUR TIME.
SO I DON'T HAVE THE EXPERIENCE FIRSTHAND, BUT I HAVE A LOT OF EXPERIENCE WITH PEOPLE CUTTING CORNERS AND CONTRACTS, AND THOSE ARE THE THINGS THAT I WANT TO CALL OUT.
AND A LOT OF PEOPLE HAVE ALSO HERE, BUT RECOURSE TO PUT IN PLACE IN, IN REGARDS TO PENALTIES, RIGHT? IF PEOPLE ARE JUST GONNA, AS PATRICK MENTIONED, IF THEY'RE JUST GONNA TAKE THE LOSS, UM, THERE'S LOTS OF PEOPLE THAT ARE GOING TO DO THAT, RIGHT? WE'RE TALKING LIKE, HE MENTIONED MILLIONS AND MILLIONS OF DOLLARS, UM, AS WE'VE SEEN WITH OTHER PLACES, AQUIFERS BEING OVERUSED, LAND CAN SHIFT, WELLS CAN DRY UP, FLOOD RISKS CAN INCREASE IN CERTAIN PLACES.
IF THAT HAPPENS HERE, HOW DO WE RESPOND? HOW DO WE DEAL WITH THE RESIDENTS THAT ARE AFFECTED BY THOSE THINGS, ESPECIALLY THE PEOPLE THAT RELY ON THOSE AQUIFERS FOR THEIR DRINKING WATER.
UM, ENORMOUS STRAIN ON WATER AND ELECTRICITY.
LIKE THOSE ARE SAFEGUARDS THAT NEED TO BE CLEARLY OUTLINED.
AND I FORGET WHO WAS IT THAT MENTIONED IT, BUT SAYING IF THESE ARE THINGS THAT WE REALLY TRULY CARE ABOUT, IF WE'RE LOOKING FOR LOOPHOLES AND WE HAVE TO BE REALLY IMPORTANT, LIKE FOCUSED ON LOOKING FOR LOOPHOLES, THEN ADDRESSING THOSE THINGS VERY SPECIFICALLY AND MAKING SURE THAT THEY ARE SPECIFIC RECOURSE FOR THOSE THINGS.
AND THAT THOSE AREN'T JUST THOSE OVERLOOKED BECAUSE PEOPLE ARE GREAT AT THOSE LOOPHOLES.
UM, THE OTHER THINGS HAVE ALREADY BEEN ADDRESSED, SO I'M NOT GONNA GO OVER THEM AGAIN.
I'M GLAD IT WAS ALREADY SO ROBUST AS IT IS.
IT SEEMS LIKE THIS IS POTENTIALLY CLOSE.
IT'S GOOD TO SEE THAT PEOPLE CARE AND ARE PUTTING THESE THINGS IN PLACE, I THINK EVERYBODY KNOWS IS A SUPER, SUPER SPECIAL PLACE.
SO, UM, I I THINK IT'S JUST A MATTER OF BEING PRUDENT IN TERMS OF MAKING SURE THAT THOSE AREN'T GONNA BE ABUSED.
THANK YOU FOR YOUR CONCERN AND THANK YOU FOR YOUR KIND WORDS ABOUT FRONT ROYAL.
UH, UH, LAST, UH, NAME HERE IS STERLING WHITEHEAD.
UH, I'M STERLING WHITEHEAD, 10 58 NORTH VIEW AVENUE.
UM, LIKE TREVOR, I MOVED HERE ABOUT A YEAR AGO, UH, TO ESCAPE THE CRAZY P MASSIVE POPULATION BOOM OF NORTHERN VIRGINIA.
BUT IT DOES SEEM TO BE FOLLOWING THIS WAY, PARTICULARLY WITH DATA CENTERS.
UM, I MOVED HERE TO BE IN A SMALLER COMMUNITY AND TO RESPECT THE LOCAL COMMUNITY AND TO DO THAT, I, I HOPE TO, TO ADD, ADD A FEW POTENTIAL ADDITIONS TO THIS ALREADY ROBUST PLAN.
UH, ONE, UH, IF NO, IF NOISE VIOLATIONS ARE, IF THE NOISE, UH,
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STANDARDS ARE VIOLATED MORE THAN THREE TIMES IN A 12 MONTH PERIOD, RIGHT? YOU NEED TO HAVE THAT, THAT 12 MONTH PERIOD THERE.UH, THE SPECIAL OCCUPANCY, UH, SPECIAL USE PERMIT SHOULD BE REVOKED WITH MINIMAL, UH, WITH MINIMAL RECOURSE.
THEY NEED TO TAKE THAT SERIOUSLY.
I'M A CONTRACTING OFFICER BY TRADE.
PEOPLE WILL FIND LOOPHOLES, UH, B UH, NOISE TESTING FOR NEEDS TO BE, UH, AT LEAST FOR 90 DAYS BEFORE ANY LEVEL OF OPERATIONAL USE, RIGHT? LOW FREQUENCY AND VIBRATIONS.
THEY TAKE TIME TO, TO NOTICE ONE DAY ISN'T GONNA DO IT.
UM, BUILDING SOMETHING LIKE THIS WITH A LOT OF NOISE, POTENTIALLY A LOT OF NOISE NEXT TO THE SOCCER PLEX IS PRETTY SILLY.
THINK ABOUT THAT WITH ALL THE KIDS THERE.
IT'S JUST, WE'VE HEARD THAT TEST EARLIER.
UM, SO THERE NEEDS TO BE A DISTANCE REQUIREMENT, UH, A STRONG ONE TO MAKE SURE THAT, THAT ANY NOISE IS MITIGATED.
UH, IN ADDITION TO THE OTHER STATE EXEMPT POLICE, UH, D UH, A GENERATION, UH, NOISE EXEMPTION, UH, RIGHT.
AND WE HEARD ABOUT THE, THE EVENT THAT OCCURRED IN LOUDOUN COUNTY EARLIER THIS YEAR.
THERE NEEDS TO BE A TIGHT DEFINITION AROUND WHAT AN EMERGENCY EVENT IS AND WHAT THE TIME PERIOD FOR THAT IS.
NO, MAYBE NO MORE THAN ONE DAY, UH, E DECOMMISSIONING, WE NEED TO THINK REALLY FORWARD ON THIS, RIGHT? I DON'T NECESSARILY WANNA HAVE ANOTHER AFT TAX PLANT SITUATION, RIGHT? UM, THESE THINGS ARE BIG BOXES, AND EVEN WHEN WE'RE LIMITING TO BE SMALLER, THEY'RE STILL BIG BOXES.
SO WHAT DOES A POTENTIAL CONVERSION LOOK LIKE, RIGHT? THESE THINGS ARE, HAVE NO WINDOWS.
THEY'RE NOT AESTHETICALLY APPEALING.
SO YOU NEED TO HAVE, UH, THINK ABOUT CONVERTING TO APARTMENT OR WAREHOUSE USE, RIGHT? SO ACTUALLY POTENTIALLY PUTTING WINDOW, ACTUALLY REQUIRING WINDOWS IN THAT ARE SOUNDPROOF FROM THE INSIDE TO KEEP NOISE IN, POTENTIALLY, RIGHT? UH, BUILD ARCHITECTURAL STANDARDS UP FRONT, NOT JUST PRETTY SHRUBBERY AND TREES, BUT CONSIDERING SOME KIND OF ACTUAL, LIKE CLASSICAL ARCHITECTURAL STANDARD.
THERE ARE OTHERS THAT CAN BE PUT IN PLACE, BUT ACTUALLY MAKE THEM A VISUALLY APPEALING.
I'VE COME FROM COLONIAL WILLIAMSBURG ORIGINALLY WHERE THEY BUILT A BIG PARKING LOT IN THE MIDDLE OF DOWNTOWN, BUT THEY DID IT WELL BECAUSE THEY MADE IT BLEND INTO THE LOCAL ARCHITECTURE WITH BRICK.
THAT'S THE KIND OF THING YOU SHOULD BE LOOKING FOR.
AND THEN F THERE NEEDS TO BE, UH, THIRD PARTY INDEPENDENT STANDARDS AT LEAST, UH, EVERY YEAR TO VERIFY COMPLIANCE WITH THESE.
AND THEN TWO, RIGHT? THAT WAY THAT YOU'VE GOT A THIRD PARTY, IT'S NOT JUST YOU ALL LOOKING AT IT.
AND THEN THAT HELPS YOU, UH, ENFORCE, ENFORCE YOUR RECOURSE METHODS.
JOHN, DO YOU NEED TO SAY ANYTHING ELSE? YOU WANNA SAY ANYTHING? I DON'T LIVE HERE.
UH, ANYTHING I SAY WOULD BE COMPLETELY CHARGED, SO, THANK YOU.
UH, STAFF, DO YOU HAVE ANYTHING TO SAY? DOES ANYBODY ON STAFF YOU SAY? I WOULD, I WOULD JUST SAY THAT SOME OF THE COMMENTS ADDRESSED FROM THE, UH, THE COMMUNITY HERE, UH, THOSE YOU SHOULD REVIEW YOUR, THE APPLICATION OR THE TEXT AMENDMENT IN THERE.
A LOT OF THOSE THINGS ARE COVERED IN THERE.
WE'LL BE COVERING THAT IN OUR DISCUSSIONS.
DIDN'T HAVE A THOROUGH TIME TO REVIEW IT LIKE WE DID FOR, YOU KNOW, THREE MONTHS OR WHATEVER.
SO, UH, A LOT OF THOSE COMMENTS WERE ALREADY ADDRESSED.
UH, JUST REVIEW THAT AND YOU MAY WANNA DO THAT DURING YOUR DISCUSSION PART.
I WILL THEREFORE CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION SO THAT WE MAY HAVE A DISCUSSION.
WOULD SOMEONE LIKE TO MAKE A MOTION? UH, I'LL GO AHEAD AND GO.
SO, FOR THE PURPOSE OF GOOD ZONING AND PRACTICE AND IN ACCORDANCE WITH THE TOWN CODE NUMBER 1 75 DASH ONE B, I MOVE THE PLANNING COMMISSION FORWARD, A RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL TO APPROVE ZONING TAX AMENDMENTS IN TOWN.
CODE 1 75 DASH THREE DEFINITIONS TO DEFINE DATA CENTERS TOWN CODE 1 7 5 DASH SIX FOUR, INDUSTRIAL EMPLOYMENT DISTRICT I TWO, TO REVISE THE I TWO STATEMENT OF INTENT INTO THE DATA CENTERS WITH PERFORMANCE STANDARDS BY SPECIAL USE PERMIT, AND ESTABLISH 1 75 DASH SEVEN FOUR DATA CENTER IMPACT ANALYSIS REQUIREMENTS.
PLANNING COMMISSION DISCUSSION, MS. FEDERICA? UM, I'M GONNA GO AHEAD AND READ WHAT I, WHAT I JUST WANTED TO SAY.
WELL, FIRST OF ALL, WELL, BEFORE YOU READ ANYTHING YOU'VE PREPARED, MAY I SUGGEST THAT WE, AMONG OURSELVES, DISCUSS SOME OF THE POINTS THAT WERE RAISED IN THE PUBLIC HEARING AND SEE WHETHER SOME OF THOSE NEED TO BE, UH, NEED TO BE RESPONDED TO? YEAH, I MEAN, THAT'S ALSO A LOT OF PEOPLE MENTIONED NOISE LEVELS.
AND I WAS VERY, VERY, I WAS IMPRESSED
[01:30:01]
AT THE ATTENTION THAT WE PAID TO THE NOISE LEVELS.UM, THAT WAS NOT JUST THE DCB, IS THAT RIGHT? UM, THE DBA, BUT THE IN COMBINATION WITH THE DBC, AND THIS IS RADICALLY NEW FOR DATA CENTERS TO TAKE THIS INTO CONSIDERATION, JUST USING A COUPLE OF DIFFERENT AI TOOLS, REALLY NOT FOUND IN LOCAL ORDINANCES.
AND IT'S THE COMBINATION OF THE TWO THAT REALLY WILL HAVE A PROFOUND IMPACT ON PROTECTING RESIDENTS FROM NOISE THAT YOU DON'T EVEN HEAR.
AND I THINK THE ATTENTION TO THE VIBRATIONAL, I'M VERY SENSITIVE TO NOISE.
UM, SO I REALLY APPRECIATED THAT AND I APPRECIATED THE ATTENTION THAT EVERYBODY PAID TO THAT.
UM, AND EVEN THE VIBRATIONAL LEVELS TOO.
THERE ARE MORE AND MORE STUDIES THAT ARE COMING OUT ALL THE TIME WITH THE DOWNSTREAM EFFECT OF THESE KIND OF, OF PEOPLE BEING EXPOSED TO THIS, THE VIBRATIONS, THE DIFFERENT TONAL NOISE LEVELS THAT THE NEGATIVE IMPACT ON THEIR HEALTH, PSYCHOLOGICAL AND PHYSICAL.
SO I FEEL THAT WE'RE ACTUALLY REALLY KIND OF AHEAD OF THE CURB IN LOOKING TO ADDRESS THOSE AND INCLUDING THEM IN OUR ORDINANCES NOW.
ANY OTHER COMMENTS ON NOISE? THERE WERE A COUPLE OF COMMENTS ABOUT CONTINU.
UH, ONE WAS A SUGGESTION FOR CONTINUOUS MONITORING.
WHAT LEVEL OF MONITORING? MR. NEIL? THERE WAS SEVERAL THINGS.
I I COULD WALK THROUGH A BUNCH OF THESE IF YOU WISH, IF THAT'S WHAT YOU'D LIKE ME TO DO.
MAYBE JUST A QUICK, JUST A QUICK SUMMARY TO MAKE SURE THAT EVERYBODY UNDERSTANDS WHAT IS CURRENTLY THERE AND THE FREQUENCY OF IT.
CURRENTLY, IT HAS TO BE, UH, THE NOISE LEVEL HAS TO BE SET BEFORE ANYTHING'S BUILT FIRST TO DEVELOP A STANDARD.
THEN AFTER THE CONSTRUCTION IS OVER, THEN ONCE EVERY 10 YEARS TO PROVE ALSO, UM, DURING, IF, IF THERE IS ADDITIONAL ISSUES DURING THE, UM, THE, UH, SAY CONSTRUCTION DRAFTING OF THE SPECIAL PURPOSE OR SPECIAL, UM, PERMIT, THAT ADDITIONAL MONITORING COULD BE ADDED.
CONTINUOUS MONITORING WAS CONSIDERED DURING THIS PERIOD OF TIME, BUT YOU HAVE TO TAKE IN CONSIDERATION, THIS IS JUST ANOTHER INDUSTRIAL FACILITY.
AND EVEN THOUGH DATA CENTERS ARE UNIQUE AND HAVE CERTAIN ASPECTS THAT REQUIRE ADDITIONAL REGULATION OVER AND ABOVE WHAT IS NORMALLY DONE, THEY'RE STILL AN INDUSTRIAL FACILITY.
SO THERE HAS TO BE A FAIRNESS.
SO IF, IF THE JUNK YARD DOESN'T HAVE TO HAVE CONTINUOUS NOISE MONITORING, WHY SHOULD A DATA CENTER? SO THOSE ARE PARTS OF THE ARGUMENT THAT HAS TO GO ON.
PLUS, WE DON'T WANT TO BE CHALLENGED EVERY TIME FOR EVERY LITTLE MYTH THAT GOES ALONG.
NOW, IF THERE'S A COMPLAINT THAT COMES ALONG, THEN THAT COULD BE CAUSED FOR, UM, GOING BACK AND, UH, DOING THOSE READINGS AGAIN.
SO THAT, THAT'S WHAT, THAT WAS THE REASON IT IS THE WAY IT IS, BECAUSE THERE HAD TO BE A FAIRNESS AND IT CAN'T JUST BE ARBITRARILY ENFORCED JUST BECAUSE THE NAME IS DATA CENTER.
THANK YOU FOR THAT GOOD EXPLANATION.
UH, SOMEBODY HAD, UH, MADE A POINT THAT, UM, SHOULD THERE BE NOISE CONTROLS DURING CONSTRUCTION PHASE? YEAH.
THE OTHER GENTLEMAN, TO ANSWER THAT, WE ALREADY HAVE CONSTRUCTION NOISE STANDARDS THAT, THAT ARE WITHIN THE, AND THEY WOULD BE FIT THE SAME ONES.
AND THOSE INCLUDE, UM, THEY CAN'T WORK.
UM, EVEN THE GARBAGE TRUCKS CAN'T GO PAST 9:00 PM SO, OKAY.
UM, AND, UH, THE NOISE IS MEASURED HOW FREQUENTLY AGAIN? WELL, IT WOULD BE AT BEFORE IT'S BUILT, AFTER IT'S COMMISSIONED IN ONCE EVERY 10 YEARS.
UNLESS THERE'S A COMPLAINT OR THERE'S OTHER REASONS.
THAT'S PART OF THE WHOLE, UH, I'LL GETTING A BROADER THING, BUT THIS IS PART OF THE ENVIRONMENTAL IMPACT ANALYSIS AND THE BROADER PICTURE OF WHERE IT'S BEING BUILT AND WHAT FRAMEWORK IT'S BEING BUILT INTO.
WE, WE, DURING THE SPECIAL USE PERMIT APPLICATION, ADDITIONAL REQUIREMENTS CAN BE PLACED ON THEM BASED ON THE SITUATION.
UM, BUT AT THE SAME TIME, WE WANT THEM TO BE ABLE TO INNOVATE.
WE HAVE A MINIMUM STANDARD WE HAVE TO SET, BUT WE ALSO WANNA INCLUDE THOSE INNOVATION, BUT WE CAN'T MANDATE INNOVATION.
SO WHAT, WHAT WOULD YOU SAY TO THE PERSON WHO CALLED FOR, UM, MONITORING NOISE? UH, AND, AND EVERY FOUR MONTHS, IF DURING THE SPECIAL USE PERMIT PROCESS THAT BECAME A CONCERN, OR BASED ON THE, UM, PROPOSAL THEY BROUGHT FORWARD, WE, WE WOULD DO IT.
OR IT COULD BE A SUBJECT OF, UM, UH, OF REMEDIAL IF THEY WERE TO FAIL A PARTICULAR TEST OR FAIL, THEY MAY, THAT COULD BE A RE REMEDIAL THING.
WE'RE GONNA GO BACK AND DO THIS AGAIN FOR US, MAKE SURE YOU'RE IN COMPLIANCE, BUT IT HAS TO BE REASONABLE HOW WE WOULD TREAT ANY OTHER
[01:35:01]
INDUSTRIAL.AT LEAST THAT'S A THOUGHT PROCESS.
UH, UH, UH, BRIEFLY ON THIS, UM, ONE NOTE, IT'S, UM, AND SORRY, NEIL, UH, IT'S, UH, IT'S ANNUALLY EVERY, FOR EVERY, UH, OVER A PERIOD OF 10 YEARS.
YOU HAD ACCIDENTALLY SAID ONCE EVERY 10 YEARS.
THAT'S, THAT'S WHOLE LONG WAYS.
ANNUALLY FOR, FOR 10 YEARS, RIGHT? YES.
UM, AND THAT, THAT'S THE LIFE CYCLE OF NORMAL REFRESH OF A TECHNICAL FACILITY.
UH, ONE THING WHEN IT COMES TO CONTINUAL NOISE, AND OF COURSE, YES, THIS IS IN AN INDUSTRIAL USE OR THAT'S HOW WE'RE DEFINING IT AS WE'RE REPLACING IT.
UM, THERE, YOU'RE NOT GOING TO HAVE A, A JUNKYARD, FOR EXAMPLE, THAT MAKES CONTINUOUS NOISE 24 7.
UM, AND, YOU KNOW, WE DO HAVE IN HERE, WHICH IS GOOD THAT THE, UM, TESTING, OH GOODNESS, I JUST HAD THE WORDS, UM, ESSENTIALLY THAT WE ARE GONNA BE ASKING THEM TO PUT THESE TESTS AT SOME OF THEIR PEAK, UH, USAGE TIMES, WHICH IS, WHICH IS GOOD.
UH, THAT ALSO MEANS WE HAVE TO TRUST THEM TO ACTUALLY DO THAT.
AND IF WE WERE TO HAVE SOMETHING WHERE IT IS PUBLICLY AVAILABLE, THEN IT COMPLETELY RELEASES THE PRESSURE OF HAVING TO WORRY ABOUT ANY SPECIFIC INSTANCE OF, OF HONESTY OR TRANSPARENCY, BECAUSE EVERYTHING'S OUT THERE FOR EVERYONE TO SEE.
UM, INCLUDING US, INCLUDING ZONING OFFICIALS, UH, AND, AND THE PUBLIC AT LARGE.
UM, SO I THINK AS WELL, IT COULD EVEN HELP TO AN EXTENT IF SOMEONE BELIEVES, OH, I THINK THAT THEY'RE, THEY'RE VIOLATING THIS, BUT THEY CHECK THE, UH, THE SITE AND THEY GO, OKAY, WELL IT'S ACTUALLY THEY'RE NOT.
UM, YOU KNOW, THEN THERE'S I THINK A, A, A FAIRNESS AND UNDERSTANDING THERE WITH THAT TRANSPARENCY TO THE PUBLIC, GIVEN THE UNIQUE NATURE OF DATA CENTERS.
I MEAN, THIS WHOLE THING THAT WE'VE BUILT IS RIFE WITH THINGS THAT ARE SPECIFIC TO DATA CENTERS BECAUSE THEY ARE SO UNIQUE.
I DON'T THINK THAT REQUIRING CONTINUOUS NOISE, UH, UH, A RECORDING OR, UH, PUTTING THAT OUT THERE FOR THE PUBLIC IS UNREASONABLE AT ALL.
IN FACT, I THINK IT WOULD BE MUCH MORE DIFFICULT TO ADD THAT TO AN APPLICATION BECAUSE WE'D HAVE TO SAY, THIS SPECIFIC APPLICATION REQUIRES IT.
WHEREAS ACROSS THE BOARD, THESE THINGS ARE JUST MAKING NOISE ALL THE TIME.
AND WE WANNA MAKE SURE THAT WE'RE, YOU KNOW, LOOKING OUT FOR THE CONSISTENT WELFARE OF THE PUBLIC.
IT CERTAINLY COULD BE SOMETHING AS A PART OF THE SPECIAL USE PERMIT TO ADD ON, IF THAT IS A CONCERN AT THE TIME.
THERE'S, BUT, BUT, BUT WE COULD, WE COULDN'T JUST ADD IT TO THIS ONE AS AN OVERALL.
I, I, I STATED WHY I DIDN'T THINK IT COULD BE ADDED IN THIS CASE, BUT I KNOW DIFFERENT, DIFFERENT, UM, UH, DIFFERENT MINDS MAY DIFFER, SO TO SPEAK.
BUT THAT'S, THAT WAS THE REASONING BEHIND BECAUSE IT WAS, UM, SEEMED UNREASONABLE BASED ON INDUSTRIAL FACILITY.
'CAUSE WE'RE NOT IMPOSING THAT ON ANY OTHER, AND IT IS NOT UNIQUE TO THEM AS, AS JUST PRODUCING NOISE.
BUT THE, UM, 24 HOUR NOISE AND ALL THAT WAS CONSIDERED AS A PART OF THIS.
'CAUSE THERE'S, THERE'S A LEGAL QUESTION THAT WE, WE CAN'T MAKE.
SPEAKING OF NOISE, SEVERAL PEOPLE MENTIONED, UM, EMERGENCY EXEMPTIONS FROM NOISE LIMITS DURING EMERGENCIES.
WHAT, UH, DO YOU WANT TO SPEAK TO THOSE AND WHAT THAT MIGHT BE AND WHAT THAT MIGHT LOOK LIKE? OR I SHOULD SAY SOUND LIKE, WHAT KIND OF EMERGENCIES ARE WE TALKING ABOUT? I MEAN, I'M ASSUMING IF THERE'S A FIRE, NOBODY'S GOING TO COMPLAIN IF THE SIRENS MAKE TOO MUCH NOISE AT TWO O'CLOCK IN THE MORNING, BUT WHAT OTHER NOISE ISSUES MIGHT WE HAVE WITH AN EMERGENCY THAT WOULD BE A PROBLEM? I THINK THEY'RE ADDRESSING TO EMERGENCY GENERAL OPERATION, WHICH ARE REQUIREMENTS.
WE DO HAVE THE NOISE REQUIREMENTS.
THE GENERATORS HAD TO BE LOCATED INDOORS AND MEET THOSE STANDARDS.
SO THAT ITSELF, BUT I DON'T KNOW WHAT ELSE TO SAY.
SO THE, THE PART OF A DATA CENTER THAT HAS EMERGENCIES IS THE GENERATOR AND THEY'RE INDOORS.
THEY HAVE TO BE HOUSED INDOORS TO MINIMIZE THAT NOISE.
AND THERE, THERE ARE DB DB REQUIREMENTS FOR THAT AND THAT WE'RE, WE'RE GETTING TO OSHA'S REALM HERE TOO, TO SOME EXTENT FOR WHAT THEY CAN AND CAN'T PRODUCE.
SO THAT WOULD COVER THE, THE CONCERN ABOUT EMERGENCY NOISE BEING EXEMPTED.
WHEN IT COMES TO EMERGENCIES THOUGH, I DO THINK THAT THERE WAS AN EXAMPLE BROUGHT UP BY, UM, AT LEAST ONE PERSON MAYBE, UM, OF THAT, UH, WHAT HAPPENED IN LOUDOUN WHERE THERE WAS A GRID EVENT AND THEY HAD TO USE THEIR GENERATORS FOR, YOU KNOW, A A PERIOD OF DAYS AT A TIME.
NOW GRANTED, LOUDOUN DOESN'T REQUIRE THEIR GENERATORS TO BE INSIDE.
[01:40:01]
THINK THAT IS A GREAT IMPROVEMENT AND WHAT WE HAVE HERE.THAT'S, I'M VERY GLAD THAT WE HAVE THAT.
UM, THAT BEING SAID, IF THERE IS A COMPLETE EXEMPTION TO SOUND OR NOISE WHEN THE GENERATORS NEED TO RUN, UH, DURING THOSE EMERGENCY EVENTS, THEN ARE WE SIGNING OURSELVES UP POTENTIALLY FOR A SITUATION WHERE THE GRID DOWN THE LINE DOES GET STRAINED, THEY HAVE TO TURN ON THE GENERATORS FOR LONGER PERIODS OF TIME BECAUSE THEY CAN'T SHUT DOWN.
UM, AND THEN THE SURROUNDING NEIGHBORHOODS, UM, AND WILDLIFE ARE THE ONES PAYING THE PRICE FOR IT.
UM, IS THERE ANYTHING THAT WE COULD DO? AND I WOULD LIKE TO SEE PERHAPS SOMETHING THAT WE COULD DO TO, UH, YOU KNOW, REQUIRE THAT THERE ARE CERTAIN EXTRA SOUND BARRIERS AROUND THE GENERATORS THAT WHEN THEY'RE RUNNING, PERHAPS THE, YOU KNOW, THE REQUIREMENTS DON'T HAVE TO, TO NECESSARILY BE AS STRICT AS WE KEEP THEM EVERYTHING ELSE.
'CAUSE I THINK IT MAKES SENSE THAT IF THERE'S AN EMERGENCY, THINGS ARE DIFFERENT.
BUT IF IT'S GONNA BE SOMETHING THAT'S GONNA POTENTIALLY LAST FOR DAYS, THAT'S A UNIQUE SITUATION THAT I THINK COULD, LET ME JUST READ THIS ONE SECTION THAT HAS TO GO WITH THAT.
THERE'S IN, IN THE TEXT RIGHT NOW.
SO IT'S ATO, THIS IS PART OF THE STUDY IN THE GENERATOR TESTING.
IT'S A TESTING PORTION THAT GOES ALONG WITH THE RUNNING.
THE SOUND STUDY SHALL BE SPECIFIC TO THE PROPOSED SITE LAYOUT, BUILDING TYPE, SCALE, HEIGHT, SHOWN ON THE SITE PLAN, AND SHALL EVALUATE THE NOISE CONDITIONS AT THE SITE PRIOR TO PROJECT DEVELOPMENT AT SET LOCATIONS DETERMINED BY THE TOWN, PROVIDE MODEL NOISE CONDITIONS, RESULT IN PROPOSED POST-DEVELOPMENT THAT APPLIES TO EMERGENCY GENERATORS, APPLIES TO ALL NOISE WITH IT.
SO, AND THAT'S UNDER THE GENERATOR TESTING AND IT SAYS SHALL INCLUDE RECOMMENDATIONS.
SO THIS IS ALL PART OF THE PROCESS WHERE THEY'RE PRESENTING TO THE TOWN AT THE TIME, HERE'S OUR EMERGENCY GENERATORS, WE'RE PUTTING 'EM IN THIS BUILDING.
THE, THIS IS THE NOISE IT'S GOING TO MAKE WHEN THEY'RE RUNNING.
AND THEN IT'S STILL GONNA BE UP TO THE PEOPLE EVALUATING AT THAT TIME SAYING, NOPE, WE WANT 10 DB LIFTS, OR WHATEVER THE CASE MAY BE.
UH, IN OTHER AREAS HERE, OF COURSE, THOUGH, WE ARE PUTTING, UH, VARIOUS MINIMUM REQUIREMENTS IN.
UM, AND OF COURSE THEY ARE WELCOME AND ENCOURAGED TO GO PAST THOSE MINIMUMS, UH, IN VERY, IN A LOT OF LOCATION, A LOT OF SPOTS THROUGHOUT THIS.
BUT IN HERE IT IS SAYING, YOU KNOW, WE'RE GONNA, YOU'RE GONNA BE INCLUDING RECOMMENDATIONS.
THEY'RE GONNA BE TELLING US A PLAN, BUT WE DON'T TELL THEM IT HAS TO BE AT LEAST THIS PLAN.
BUT YOU'RE WELCOME TO DO MORE.
I GUESS I'LL GO BACK TO THE OSHA STANDARDS IS GONNA BE WHAT THE STARTING POINT IS ON THAT.
I DON'T KNOW WHAT YOU'RE, WHAT I DON'T QUITE UNDERSTAND WHAT YOU'RE GETTING AT.
UM, YOU KNOW, WHE WHEN, IF THEY'RE GONNA BE TELLING US HOW MUCH NOISE THEIR GENERATORS ARE GONNA BE MAKING, UH, AND I'M ASSUMING WE'RE GONNA BE LOOKING AT THIS AT THE PROPERTY LINE, JUST LIKE EVERY OTHER, UH, YOU KNOW, PART OF THE NOISE, UH, MEASUREMENT, THEY'RE GONNA TELL US, OKAY, IT'LL BE BETWEEN X AND Y.
RIGHT? WHAT WOULD THEN STOP US FROM SAYING IT HAS TO AT LEAST BE X AND THEN IT CAN, IT IS ALLOWED TO BE LESS THAN X.
YOU CAN'T LET IT BE MORE THAN MORE THAN X.
YOU'RE WELCOME TO PUT IN ALL THE OTHER EXTRA MITIGATION, UH, THINGS THAT WOULD, COULD MAKE IT LESS IF YOU WANTED, BUT LIKE ESTABLISHING A MINIMUM, OR IN THIS CASE A MAXIMUM.
I SUPPOSE WE HAVE MINIMUM NOISE LOGOS AT THE PROPERTY BOUNDARY, BUT THEY, THERE IS AN EXCEPTION DURING EMERGENCY OPERATIONS MOST OPERATION, WHICH IN TURN SHORT TERM, I, I GUESS YOU CAN'T PROVIDE FOR EVERY EXCEPTIONAL THING THAT COULD HAPPEN IF A TORNADO COMES THROUGH TO TRY TO PROVIDE FOR REGULATIONS O ON ON THAT.
UM, AND IT WOULD BE VERY DIFFERENT FROM WHAT ANYBODY ELSE WAS DOING IN THAT REGARD TOO.
I MEAN, THIS WHOLE ORDINANCE IS VERY DIFFERENT THAN WHAT EVERYBODY ELSE IS DOING.
UM, AND WELL, THIS IS DEBATE WE'RE ENDING UP IN HERE.
AND, AND, AND, UM, I'LL JUST, I'LL JUST GO BACK.
I, AT THE TIME OF GOING THROUGH THIS, IT DIDN'T SEEM TO BE REASONABLE TO TRY TO ACCOUNT FOR EVERY POSSIBLE OUTCOME OR PROBABLE OR SHORT TERM.
MOST OF THE TIME WHEN THEY RUN ON DINNER, THERE'S A SHORT PERIOD OF TIME, GENERALLY HOURS.
UM, IS IS SOMETHING POSSIBLE TO COME ALONG THAT WOULD BE DIFFERENT? ABSOLUTELY.
WE'LL MOVE ON TO THE NEXT POINT.
I THINK WHAT YOU'RE SAYING, LET ME MAKE SURE I DON'T WANNA PUT WORDS IN YOUR MOUTH, SO TELL ME IF I'M ACCURATE.
YOUR CONCERN THAT YOU'RE REFLECTING HERE, MR. NEIL, IS THAT WE CANNOT IN THE LAW, IN THE CODE TREAT DATA CENTERS, NOISE REQUIREMENTS, TESTING AND STANDARDS DIFFERENT FROM WE COULD TREAT OTHER BUSINESSES THAT WE HAVE TO HAVE REASONABLE STANDARDS, BUT THEY HAVE TO BE THE SAME AS EVERYBODY'S STANDARDS IN TERMS OF, WELL, E EXCEPT ON THOSE THINGS BE UNIQUE TO DATA CENTERS.
[01:45:01]
'CAUSE DATA CENTERS DO OFFER A UNIQUE CHALLENGES AND THOSE THINGS WE CAN REGULATE SEPARATELY.UH, WHEN, WHEN YOU RUN INTO BUSINESSES THAT HAVE SIMILAR MODELS LIKE THE HOSPITAL, IT CAN HAVE BACKUP GENERATORS RUNNING.
UH, SO WHAT WE'RE NOT, IF THEY HAD TO RUN FOR GEN THREE DAYS, I'M SURE PEOPLE WOULD BE ANNOYED TOO.
AND WHAT IS, WHAT IS THE RANGE OF DBSS AND DBAS THAT WE HAVE IN THERE? JUST TO RESTATE THEM, UH, UH, FOR THE GENERATOR.
SOMEWHERE HERE, JUST, JUST SO PEOPLE CAN BE CLEAR ABOUT THAT.
UH, AND, AND I FORGET, REMEMBER IT'S PROPERTY LINE.
WE'RE MEASURING EVERYTHING TOO.
NOT, NOT WHAT THE GENERATOR'S PRODUCING.
OTHER POINTS THAT PEOPLE RAISED IN PUBLIC COMMENTS.
UM, AQUIFER WATER, UH, SEVERAL PEOPLE MENTIONED USE OF AQUIFER WATER.
IS THAT SOMETHING THAT WOULD BE A PROBLEM? THAT THERE'S, UH, I MEAN, MY UNDERSTANDING IS THAT THEY GET ONE FREED, UH, GULP OF TOWN WATER AND THEN THEY HAVE TO GET IT ON THEIR OWN, BUT NOT FROM AQUIFERS.
IS THAT THEY WERE, WHAT THEY WERE TALKING ABOUT WAS WELL WATER DRAWING THAT.
WELL, THERE'S, DEQ HAS ITS OWN SET OF STANDARDS FOR DRAWING WELL WATER, IF THEY'RE GOING TO USE IT.
TOWN CAN REQUEST, UH, ADDITIONAL VERIFICATION.
AND THERE'S CERTAIN GALLON LEVELS, WHICH I DON'T REMEMBER OFF THE TOP OF MY HEAD, WHICH REQUIRE DIFFERENT ADDITIONAL SCRUTINY BY THE STATE.
BUT FRONT ROYAL, OR EXCUSE ME, WARREN COUNTY DOES NOT HAVE ANY LIMITATION FOR ANYBODY ON GROUNDWATER WITHDRAWAL RIGHT NOW.
WARREN COUNTY DOESN'T AND DOES FRONT ROYAL, NO.
BUT THAT WOULD NOT BE THE PLANNING COMMISSION'S PURVIEW TO REGULATE GROUNDWATER USAGE, UH, TO, WELL, PART OF THE UTILITY IMPACT ANALYSIS IS FOR THEM TO ADDRESS THOSE ISSUES.
SO IF THEY'RE LOOKING FOR ANOTHER SOURCE OF WATER THAT HAS TO BE BROUGHT FORTH ON THE INITIAL SPECIAL USE PERMIT APPLICATION, THEY'RE GONNA HAVE TO ADDRESS HOW THEY'RE GOING.
IF THEY'RE GOING TO IMPACT AN AQUIFER WITH WATER, IF THEY'RE GONNA DRAW FROM ANOTHER SOURCE, THAT HAS TO BE OUTLINED IN THE SPECIAL USE PERMIT FOR REVIEW.
SO THAT'S HOW, UH, A LOT OF THESE ISSUES I UNDERSTAND THAT'S BROUGHT UP, BUT THAT'S WHERE A SPECIAL USE PERMIT IS GONNA BE REQUIRED FOR EACH PARCEL TO GO THERE.
SO THAT YOU WOULD HAVE TO EVALUATE EACH ONE AS THEY, FOR INSTANCE, IF THEY WOULD COME IN FOR AN APPLICATION, YOU WOULD HAVE TO EVALUATE EACH ONE.
UH, LIKE THOSE THAT HAVE A CAMPUS, I KNOW THAT PRESS, UH, QUESTION WAS BROUGHT UP, UH, ON THE BUILDINGS, FOR EXAMPLE, 25 FOOT IS A SEPARATION BETWEEN TWO BUILDINGS.
THAT'S WHAT WE'RE REQUIRING, 25 FOOT.
SO, BUT BASED ON THOSE UTILITIES, THEY STILL HAVE TO DO THE IMPACT ANALYSIS ON THE WATER DRAW IF THEY'RE GONNA GET ANOTHER SOURCE THAT HAS TO BE BROUGHT FORTH IN THE SPECIAL USE PERMIT, HOW THEY'RE GOING TO, IN, HOW THAT'S GONNA BE IMPACTED, WHERE THEY'RE GONNA GET THE WATER, ANOTHER SOURCE OF WATER, WHERE THEY'RE GONNA GET THAT FROM.
AND THAT WOULD BE EVALUATED AT THAT TIME.
SO, SO THAT WOULD BE KNOWN AND EVALUATED AND APPROVED OR DISAPPROVED IN THE PERMITTING PROCESS.
YEAH, THERE'S NO DOUBT THIS WILL BE A VERY COMPLEX ANALYSIS AND REVIEW OF ANY APPLICATIONS.
UM, SOMEBODY MADE A POINT ABOUT SETBACKS FROM THE RIVER.
IS THAT GONNA BE A DEQ MATTER? UH, IS THAT SOMETHING THAT WE CAN GET INTO? THE, UH, THE SETBACK, UM, WAS FROM ANY RIGHT OF WAY ROAD SYSTEM, UH, THE RIVER SYSTEM RAILROAD, THE, TO AT THE 200 FOOT SETBACK FROM THAT, CURRENTLY, THAT'S WHAT WE HAVE.
THAT'S ALREADY IN, IN THE LANGUAGE.
AND THAT WAS THE ONE THAT WAS 25 FEET? UH, 200 I BELIEVE.
OH, FROM THE, NO, FROM THE RIGHT OF WAY, WHICH WOULD INCLUDE THE WATER SYSTEMS, I WOULD ASSUME, LIKE YOU'RE SAYING, THE RAILROADS AND EVERYTHING THERE.
WELL, FORTUNATELY FOR US ON THE RIVER, WE WE'RE AT THE CORPORATE BOUNDARY WITH FRONT ROYAL.
SO THAT DISTANCE IS, THERE WOULD HAVE TO BE 200 FOOT.
UM, THE SIZE OF GENERATORS, SOMEBODY HAD RAISED THEIR QUESTION, BUT THAT'S NOT COVERED BY OUR CODE BECAUSE THAT'S INSIDE THEIR BUILDING.
WE DON'T HAVE ANYTHING TO DO WITH THAT.
UM, THERE WAS, WELL, ONE THING WITH THE GENERATORS THAT WAS, UH, BROUGHT UP, UM, WAS AN EPA STANDARD WITH THEM.
UH, UM, I WILL ADMIT, I'M NOT VERSED IN WHAT THE VARIOUS EPA
[01:50:01]
STANDARDS ARE.UM, BUT I DO RECALL READING SOMETHING AT ONE POINT WHERE I WAS SAYING THAT LIKE MOST, UH, DATA CENTERS AT THIS POINT ARE USING TIER TWO.
AND, UH, THE, UH, PERSON WAS SUGGESTING THREE OR FOUR, I WANNA SAY FOUR, UM, YES, FOUR.
UM, IS THAT SOMETHING, I MEAN, YES, IT IS SOMETHING INSIDE THE BUILDING, BUT IT IS SOMETHING THAT WOULD THEN IF UNDER, UNDER CONTINUAL USAGE OR EVEN TEMPORARY USAGE WOULD HAVE AN, COULD HAVE AN ENVIRONMENTAL IMPACT, UH, FOR BOTH, YOU KNOW, PEOPLE AND NATURE ALIKE.
WOULD WE CONSIDER, OR COULD WE CONSIDER REQUIRING JUST, UH, YOU KNOW, SOMETHING THAT'S MORE EFFICIENT, UH, OR HAS LESS, UH, EMISSIONS LIKE A TIER FOUR? YOU'RE ASKING COULD WE, COULD WE CONSIDER STIPULATING SPECIFICATIONS OF THEIR INTERNAL INTERIOR EQUIPMENT THAT WOULD AFFECT THE ENVIRONMENT? YES.
I'M NOT SURE THAT WE CAN STIPULATE ANYTHING ABOUT THE MACHINERY THAT ANY BUSINESS HAS INTERNALLY.
BUT GO AHEAD AND TAKE THE MIC AND THAT ANSWER INTO THE MIC, PLEASE.
UM, THEN THERE WERE A NUMBER OF QUESTIONS, OR A COUPLE AT LEAST ABOUT, UM, SHOULD THEY REQUIRE A NEW SUBSTATION? UH, WILL THE PUBLIC PAY FOR THAT OR WOULD THE COMPANY PAY FOR THAT? UM, IS, WE'VE SPECIFICALLY TALKED TO THE POWER FOLKS HERE IN TOWN AND WE HAVE THE, THE DATA CENTER WOULD HAVE TO PAY FOR ALL THAT IF, IF THEY NEED IT.
AND, AND THEN THE SUBJECT AND NEGOTIATE THE POWER THAT WOULD BE USED IN ADVANCE, AND THEN THAT WOULD BE THEN PURCHASED AND THEN TAXED BY THE TOWN.
THAT WAS MY IMPRESSION, BUT I WANTED TO MAKE SURE WE ADDRESS THAT QUESTION.
UM, THERE WAS A, A COUPLE OF COMMENT.
THERE WERE A COUPLE OF COMMENTS ABOUT THE DECOMMISSIONING AND EXIT STRATEGY AND, UM, UM, DOES ANYBODY WANNA ADD ANYTHING TO THAT? WE, WE HAVE THAT, AND IT'S UNIQUE THAT WE HAVE IT.
I KNOW THAT NOBODY ELSE HAS IT, BUT WE, WE DON'T, UH, STIPULATE COLONIAL ARCHITECTURE OR SOMETHING, AND THIS, WELL, COLONIAL, I COULDN'T PUT THAT IN.
BUT ANYWAY, THE, THE, UH, IDEA BEHIND IT AND THE CONSTRUCTION OF THE BUILDING AND THE LIFECYCLE, IDEALLY, AS HE MENTIONED, IF IT'S BUILT IN SUCH A WAY THAT IT CAN BE RECONFIGURED, UH, IF IT'S JUST A TIN WAREHOUSE, A HUGE STRUCTURE, SO TO SPEAK, IT CAN'T BE USED FOR ANYTHING ELSE, THEN IT'S GONNA HAVE TO BE TORN DOWN.
AND THE, AND THOSE ARE WHERE THE GUARANTEES, UH, WOULD HAVE TO COME IN.
BUT THE IDEA IS TO HAVE THEM CONSTRUCTED IN SUCH A WAY THAT IT DOES INDEED HAVE A REUSE.
AND THAT'S WHAT PART OF THIS ENCOURAGEMENT IS.
AND, UM, WHILE, WHILE YOU'RE ON THAT THING FOR THE, UM, UH, SOME OF THOSE STANDARDS AND REQUIRING INSURANCE AND SO ON, THAT WAS BEING, BEING TALKED ABOUT, THAT'S GOING TO BE PINNED ON WHAT THAT REUSE PLAN IS.
WHETHER INSURANCE MIGHT BE REQUIRED BY THE TOWN AS PART OF THE SPECIAL USE PERMIT.
IF THERE'S A FEELING THAT WE GET STUCK WITH A HUGE TIN SHED THAT SQUIRRELS DON'T WANNA LIVE IN ANYMORE, BUT WE WANT TO RETURN IT TO ITS NATURAL STATE, THEN THAT INSURANCE MAY BE PROPER.
IF IT'S CONFIGURED IN SUCH A WAY THAT HAS MOVABLE WALLS AND CAN BE CONSTRUCTED INTO AN APARTMENT BUILDING OR THE BOTTOM LEVEL, UM, RETAIL WITH THE UPSTAIRS, UM, APARTMENTS OR WHATEVER THE CASE MAY BE, IT'S ALL PART OF THE PLAN.
AND THAT'S WHAT WE WANT TO ENCOURAGE.
SO IN OTHER WORDS, THAT WOULD ALL BE PART OF THE CONVERSATION AT THE TIME OF AN APPLICATION.
I, LIKE I SAID, IT'S GONNA BE A VERY COMPLEX CONVERSATION WHEN THIS APPLICATION COMES IN.
THE PUBLIC WOULD HAVE, IF I MAY, YES, SURE.
SO ONE THING THAT THE PLANNING COMMISSION NEEDS TO KEEP IN MIND IS THAT ANYTIME WE GET A SPECIAL USE PERMIT APPLICATION, YOU ARE GONNA BE DOING THESE EVALUATIONS ON THOSE MERITS.
IT'S GONNA BE SUBMITTED TO STAFF.
STAFF IS GONNA BE REVIEWING IT.
EVERY DEPARTMENT IN TOWN WILL BE REVIEWING IT.
AND THEN OUR CONSULTANTS WILL ALSO BE REVIEWING THESE THINGS.
THIS IS SETTING UP THE FRAMEWORK.
MY FEAR IS THAT TONIGHT WITH THIS QUESTION ANSWER, WE'RE GETTING AWAY FROM WHAT DISCUSSION SHOULD BE AND THAT WE NEED TO BRING IT BACK TO JUST DISCUSSION.
WELL, I JUST WANTED TO MAKE SURE THAT EVERYBODY WHO HAD RAISED A POINT FELT THAT THEY WERE NOT BEING IGNORED.
I THINK WE'VE COVERED THE POINTS THAT PEOPLE MADE AND HAVE CLARIFIED.
AND I THINK THE, THE POINT IS THAT THERE ARE MANY MORE BITES AT THE APPLE IN CASE SOMEBODY SHOULD APPLY.
UM, NOW, OTHER, OTHER COMMENTS? ANY DISCUSSION? THERESA, DID YOU HAVE MORE THINGS THAT YOU WANTED TO DISCUSS? NO, I THINK I, I PRETTY MUCH SAID THEM.
[01:55:01]
ALREADY BEEN MENTIONED, BUT AGAIN, THIS IS A SPECIAL USE PERMIT.SO AS IT'S BEEN MENTIONED SEVERAL TIMES NOW, IS THAT ANY APPLICATION WILL BE SCRUTINIZED.
THERE'LL BE CONDITIONS THAT CAN POTENTIALLY BE PUT IN PLACE AND THERE ARE ONGOING PERFORMANCE STANDARDS THAT THE TOWN WILL BE, UH, MONITORING.
AND I'D ALSO LIKE TO ACKNOWLEDGE ALL THE HARD WORK OF TOWN STAFF, EVERYONE ON THIS COMMISSION, AND THEN MEMBERS OF THE PUBLIC WHO CAME TONIGHT TO SPEAK.
ARE WE READY TO VOTE FELLOW COMMISSIONERS? NOT QUITE YET.
UM, YOU KNOW, SIMILARLY TO WHAT MANY MEMBERS OF THE PUBLIC HERE AND THE BOARD AND, UH, THE COMMISSION HAVE SAID, UM, YOU KNOW, FIRST AND FOREMOST, I WANT TO THANK EVERYBODY FOR THE AMOUNT OF WORK THAT THEY PUT IN, ESPECIALLY STAFF, UH, AND NEW MEMBERS, UH, OF THE COMMISSION HERE.
THIS IS SOMETHING THAT HAS, THAT WE'VE BEEN TALKING ABOUT FOR A LONG TIME.
UH, WE ARE DECIDING THE FUTURE OF, OF FRONT ROYAL WITH THESE, OR AT LEAST YOU KNOW, THE FRAMEWORK OF WHAT THOSE DECISIONS WILL LOOK LIKE.
UM, DATA CENTERS ARE A VERY UNIQUE SITUATION, AND NORTHERN VIRGINIA HAS LEARNED THE HARD WAY WHAT NOT TO DO.
UH, THE VAST MAJORITY OF WHAT WE HAVE IN HERE AND THE DETAILS AND THE SPECIFICATIONS, I AM SO VERY GLAD TO SEE.
AND IT IS SOMETHING THAT, UH, LIKE YOU SAID, THERESA IS AHEAD OF THE CURVE, RIGHT? NO ONE ELSE IS LOOKING AT SOME OF THE THINGS THAT WE'RE GONNA BE LOOKING AT AND SCRUTINIZING AND PUTTING THROUGH THE RINGER, AS IT WERE.
UM, THAT BEING SAID, I DO THINK THAT DUE TO THE RATHER UNIQUE NATURE OF DATA CENTERS, THEIR CONSISTENT USE, UM, YOU KNOW, THROUGHOUT THE DAY AND NIGHT, UH, THERE ARE SOME OTHER THINGS IN HERE THAT I, ESPECIALLY SOME OF THE STUFF THAT WAS BROUGHT UP TONIGHT WHERE I DO THINK IT IS REASONABLE TO INCLUDE THEM, UH, IN OUR, IN OUR STANDARDS AND REQUIREMENTS HERE.
UM, I'M A LITTLE WORRIED THAT WE ARE KICKING THE CAN A BIT AND SAYING, OH, WE'LL LOOK AT SOME OF THESE THINGS LATER AS OPPOSED TO SETTING, UM, YOU KNOW, CERTAIN RESTRICTIONS AND REQUIREMENTS IN THIS AS IT STANDS.
AND THEN LOOKING SAYING, WELL LOOK AT THIS INDIVIDUAL SPECIAL USE PERMIT WHEN IT COMES TO US DOWN THE LINE.
UH, I FEEL LIKE THAT ADDS A LEVEL OF SUBJECTIVITY TO, UH, ANY GIVEN APPLICATION THAT DOES NOT NECESSARILY NEED TO BE THERE.
I THINK WE'RE INVITING THAT IN CERTAIN CIRCUMSTANCES.
I REALLY DO WANNA REITERATE, I'M, I LIKE THE VAST MAJORITY OF THIS.
I THINK THE WORK THAT'S BEEN IN BUT BEEN PUT INTO IT CANNOT BE UNDERSTATED.
UM, BUT I, I DO THINK THAT SOME OF THESE CONCERNS, UH, ESPECIALLY THE THINGS THAT MEMBER OF THE PUBLIC BROUGHT UP, UM, ARE TO CERTAIN EXTENTS, UH, BEING BRUSHED ASIDE AND SAYING, WE'LL, LOOK AT THAT LATER.
I I, I THINK THE FRAMEWORK AS WE'VE DONE HERE WITH THE SPECIFICITY THAT WE HAVE IS, IS ADEQUATE.
COULD, UM, THERE, THERE HAS TO BE INTELLIGENT ANALYSIS DONE WHENEVER A DATA CENTER WHERE APPLICATION WOULD COME FORWARD.
WE HAVE TO BE LEGAL AND HAS TO BE ETHICAL HOW WE TREAT THEM AS WE TREAT EVERYONE ELSE.
UM, WE, UH, HAVING SAID THAT, AS YOU MENTIONED, THERE IS EXCEPTIONS GOING ON BECAUSE OF UNIQUENESS OF THE DATA CENTER AND, AND GOING WITH ADDRESS.
WE WANT TO ENCOURAGE INNOVATION AND WE DON'T WANT TO, UH, SET THE MINIMUM STANDARDS WHERE IT'S APPLICABLE AND FAIR, UH, BUT ALSO ALLOW FUTURE DEVELOPMENT FOR WHATEVER THE UNIQUE CIRCUMSTANCE IS.
IT'S GOING TO BE FOR THE PLACEMENT, UH, TO GO ALONG WITH IT.
UH, WE CAN ACTUALLY OVERREGULATE AND HURT OURSELVES TO SOME EXTENT.
UH, SO I, I THINK THAT WHAT WE HAVE HERE AND THE COURT, THE VAST MAJORITY OF WHAT WAS SAID HERE TONIGHT WAS EITHER COVERED IN THE REGULATION OR WE DISCUSSED IT A LITTLE BIT WI WITH THAT.
UH, THERE ARE SOME UNKNOWNS AS, AS WITH ANY, ANYTHING THAT COMES ALONG.
'CAUSE WE DON'T KNOW WHAT THE PROPOSAL'S GOING TO BE.
BUT I, I TRULY BELIEVE THIS IS THE FRAMEWORK TO GO WITH AT THIS POINT.
AND KEEP IN MIND, ANY ZONING REGULATION, IT, IT, IT IS NOT FOREVER.
IT, IT IS PART OF A LIVING DOCUMENT.
IF WE LEARN LATER ON OR GET FROM EXPERIENCE ELSEWHERE, SOMETHING DIFFERENT, WE CAN ALWAYS ADD IT AS WELL.
BUT FOR NOW, UH, I BELIEVE THIS IS ADEQUATE TO MOVE FORWARD.
THERESA, DO YOU HAVE A CLOSING STATEMENT? UM, I JUST, I, I DO FEEL, UM, SORRY.
UM, I THINK THAT IT WAS, IT WAS REALLY GREAT TO HEAR FROM
[02:00:01]
EVERYBODY IN TOWN, A LOT OF, UM, REALLY GOOD INSIGHTS.UM, I DO THINK THAT THIS IS SOMETHING THAT IS GONNA BE, THERE'S NO WAY WE CAN PREDICT.
I THINK WE NEED TO BE CAREFUL WITH BEING UTTERLY AND COMPLETELY REACTIVE TO EVERYTHING BAD THAT'S HAPPENED IN NORTHERN VIRGINIA.
UM, I DON'T KNOW THAT THAT'S A HEALTHY APPROACH, IF THAT'S THE TOTALITY OF THE APPROACH.
I THINK THAT THERE ARE LESSONS LEARNED, BUT THERE'S ALSO A WAY OF BEING PROACTIVE.
UM, AND I KIND, I JUST FEEL LIKE OUR ORDINANCES HAVE, HAVE GOTTEN THAT BALANCE.
IS IT PERFECT? I DON'T THINK SO, BUT AS COMMISSIONER NEIL SAID, THIS IS A LIVING DOCUMENT WE CAN IMPROVE.
I THINK THE CARE AND ATTENTION THAT HAS BEEN GIVEN TO SO MANY FACETS ABOUT PROTECTING, UM, FIRST AND FOREMOST THE RESIDENTS OF OUR TOWN IS, IS VERY, VERY IMPRESSIVE.
UM, UH, THE WILDLIFE, THE KIND, EVEN ARCHITECTURALLY THE VISUAL, THE OTHER THINGS THAT, THAT THE ATTENTION THAT HAS BEEN PAID TO THIS DOCUMENT, I THINK IS VERY IMPRESSIVE.
AND IT BE SPEAKS, UM, IT POINTS TO HOW IMPORTANT THE RESIDENTS OF THIS TOWN ARE TO THIS PLANNING COMMISSION AND TO THE, THE PLANNING DEPARTMENT AS A WHOLE.
UM, SO I, I AM VERY PLEASED WITH IT.
IS THERE ROOM FOR IMPROVEMENT? PROBABLY, YOU KNOW, MORE AND MORE STUDIES ARE COMING OUT ALL THE TIME ABOUT THE EFFECTS OF DATA CENTERS.
UM, AND I THINK THAT WE'LL JUST, WE'LL KEEP AN EYE OUT ON THOSE AND WE'LL UPDATE AND DEVELOP OUR, OUR, OUR TOWN ORDINANCES AS NEEDED, AS NEW INFORMATION IS PRESENTED.
AND I DO WANT TO ALSO SECOND WHAT EVERYBODY ELSE HAS SAID IS THE AMOUNT OF TIME, EFFORT, AND ENERGY EVERYBODY HAS PUT INTO THIS HAS BEEN TRULY IMPRESSIVE.
AND TO EVERYBODY WHO CAME TODAY AND SHARED YOUR THOUGHTS.
THANK YOU VERY MUCH FOR THAT TOO.
THE, THE AMOUNT OF WORK THAT THE STAFF AND COMMISSIONERS HAVE PUT INTO THIS IS HUMONGOUS AND CERTAINLY DESERVING OF PRAISE IN CONCLUDING.
I WANNA GO BACK TO THE VERY FIRST THING THAT JOHN WEIR SAID, UM, WHICH, WHICH WAS, REMEMBER THE VAPE SHOP PROBLEM.
REMEMBER HOW VAPE SHOPS WERE OUTTA CONTROL AND NOTHING COULD BE DONE ABOUT THEM.
UH, BECAUSE THERE WAS NO DEFINITION IN THE CODE AND THERE WAS NO WAY TO REGULATE SOMETHING THAT DIDN'T EXIST AS A LEGAL ENTITY.
AND THEN THE FIRST QUESTION THAT COMMISSIONER BROOKS HAD, IF, IF YOU GOT AN APPLICATION TOMORROW, WHAT COULD YOU DO? YOU COULDN'T STOP IT BASICALLY IS THE ANSWER.
SO WITH THAT IN CONTEXT, UH, GIVEN THE FACT THAT WE ARE A DYLAN RULE STATE, WE CANNOT PRO, WE VOCALITY CANNOT PROHIBIT SOMETHING THE STATE REQUIRES, UH, OR I SHOULD SAY ALLOWS, WE CANNOT PROHIBIT SOMETHING THE STATE ALLOWS.
THE STATE ALLOWS DATA CENTERS.
WE CANNOT PROHIBIT A DATA CENTER, THEREFORE WE ARE LIMITED TO REGULATING SECONDARY IMPACTS.
AND FOR THE PROTECTION OF THE TOWN OF FRONT ROYAL AND OUR SMALL TOWN CHARM, WE HAVE TO HAVE IT IN THE CODE.
WE HAVE TO DEFINE IT BEFORE WE CAN GOVERN IT.
AND SO THAT'S WHY WE CAN'T DRAW THIS PROCESS OUT ANY LONGER, UH, BECAUSE IT HAS TO BE DEALT WITH IN AN EXPEDITIOUS MANNER.
THE AMOUNT OF RESEARCH THAT HAS GONE INTO CRAFTING THESE PROPOSED STANDARDS IS REMARKABLE.
NOT ONLY ADJACENT COUNTIES, BUT THE WHOLE COMMONWEALTH AND OTHER STATES AND OTHER COUNTRIES, UH, SOME OTHER COUNTRIES HAD TO BE LOOKED AT TO GET SOME OF THOSE SOUND AND HUM, UH, REGULATIONS AND NUMBERS.
SO WE'VE LEARNED FROM THE MISTAKES OF OTHERS TO THE EXTENT THAT'S PRETTY MUCH HUMANLY POSSIBLE, AND WE'VE GOT OVERLAYS ON EVERYTHING, THE WORK THAT HAS GONE INTO THIS IS HUMONGOUS.
UM, SO THAT SAID, UM, LIMITED BY AN INCLUSIVE ZONING ORDINANCE AND BEING A DI RURAL STATE, THIS IS, I ACTUALLY THINK THIS IS A PHENOMENAL EFFORT.
I THINK THAT, UH, I'VE BEEN TALKING TO PEOPLE IN OTHER STATES WHO ARE HAVING DATA CENTER ISSUES AND I TELL 'EM ABOUT WHAT OUR STANDARDS ARE AND THEY SAY, WOW, I WISH WE HAD THOSE.
UM, SO I THINK THAT, UH, WHAT MAY HAVE COME OUT OF THE PLANNING AND ZONING OFFICE HERE IN FRONT ROYAL MIGHT BE SOMETHING WORTHY OF BEING A NEW MODEL FOR LOCALITIES AROUND THE COUNTRY BECAUSE IT IS SO THOROUGH AND SO EXHAUSTIVE.
SO HAVING SAID THAT, HAVING SAID THAT, I WILL CALL FOR THE VOTE.
[02:05:01]
CHAIRMAN MARNER? YES.VICE CHAIRMAN NEIL? YES, THE AYES HAVE IT.
THE MOTION WILL PROCEED TO TOWN COUNCIL.
AND AGAIN, THANK YOU MEMBERS OF THE PUBLIC FOR COMING TO, UH, TO WITNESSES.
DON'T, DON'T ALL LEAVE IT ONCE.
WE GOT INTERESTING STUFF STILL TO COME.
UM, WHICH, WHICH IS, ARE THERE ANY COMMISSION MEMBERS
[VII. COMMISSION MEMBER REPORTS]
REPORT? WE WERE STILL IN SESSION FOLKS.UM, I UH, ATTENDED THE HUNDRED 19TH COMMISSIONER CERTIFICATION CLASS TWO WEEKS AGO, I THINK IT WAS.
IT WAS PRETTY AMAZING HOW WELL THEY ORGANIZED IT.
THERE WERE ABOUT, I THINK ABOUT 45 PARTICIPANTS AND THEY BROKE US UP INTO GROUPS AND WE HAD GREAT DISCUSSIONS.
THE LEGAL PART WAS EXTREMELY PAINFUL.
BUT BOY DID IT GIVE ME A APPRECIATION ON THE FAR REACHING RAMIFICATIONS OF EVEN THINGS LIKE YOU JUST SAID TONIGHT ABOUT SAYING, YOU KNOW, IF IT'S IN THE EYE TOO, YOU KNOW, THE WHAT, GARBAGE, WHATEVER, JUNKYARDS DON'T HAVE SOUND OR, OR YOU KNOW, LIKE I JUST, IT WAS REALLY INTERESTING TO HEAR A LOT OF THOSE PERSPECTIVES.
UM, AND I'M LOOKING FORWARD TO MY SITE VISIT, WHATEVER YOU CALL IT.
SO THAT HAS TO BE DONE BEFORE THE END OF OCTOBER, SO THAT'LL HAPPEN SOON.
ANY OTHER COMMISSION MEMBERS REPORTS? STAFF
[VIII. PLANNING DIRECTOR REPORT]
PLANNING DIRECTOR REPORT? I WILL KEEP THIS VERY BRIEF.FOR THE MONTH OF AUGUST, WE HAD 180 WALK-INS TO PLANNING AND ZONING, UH, BRINGING US TO 1,526 FOR THE YEAR.
WE ISSUED 32 ZONING PERMITS, SORRY, NEW PERMITS.
UM, CONDUCTED 13, UH, CODE ENFORCEMENT INSPECTIONS, ISSUED EIGHT NEW BUSINESS LICENSES AND WE ARE UP TO 10 NEW DWELLING UNITS WITHIN THE TOWN FOR THE YEAR.
UM, AND JUST TO GIVE YOU A PREVIEW FOR OCTOBER, WE ARE GOING TO DIVE HEAVILY BACK INTO THE PROPOSED ZONING ORDINANCE.
SEE, I THOUGHT WE'D BEEN WORKING IN THAT
UM, DO I HEAR A MOTION TO ADJOURN? SO MOVED.