Welcome everyone to our city council work session, July 14, 2026.

Mr.

Manager, we have some interesting interesting topic.

Thank you, Mr.

Mayor.

So this definitely is an interesting topic.

A lot of conversation that's happening out there, not just in Chesapeake, but all around the Commonwealth and really all around the country about data centers.

I'm going to turn it over to Director McNamara in a moment, but I will say obviously we've had a long journey with this.

As you'll recall from the application, the data center application we had some time ago, Chesapeake is really exposed in our existing ordinances.

We have a lot of zoning classifications that allow for buy right data centers.

And council asked us to find an appropriate space for data centers in the community, but to make sure that it they're in areas that that won't um won't harm, particularly residential communities, won't really harm any communities, and that we have an opportunity for the public to um provide input when we do have data center applications.

So Director McNamara is going to go over um the work that staff has done, um, some recommendations that the planning commission has, and then we'll walk you through uh next step.

So, Jimmy.

Good evening, everyone, and thank you, Mr.

Manager, for your time this evening.

Uh data centers are certainly a topic that uh we've heard a lot about and we've engaged with a number of uh of residents, and uh as of last week, uh this this item appeared before planning commission for a recommendation.

So as uh the the manager mentioned that we are currently exposed.

When we talk about uh buy right uses, and those are uses that can go into place without city council approval.

So unlike rezonings and conditional use permits, these do not require city council approval.

And as it's currently designated right now, uh data centers are permitted use in the business uh districts, in industrial districts, office and institutional districts, and then our South Norfolk and Great Bridge overlay districts.

So we are currently very exposed, and when we say very exposed, uh we talk about buy right sites within 500 feet of residential property, zone property.

We have over 27,000 parcels.

And what this means is uh a data center could submit a site plan uh and within you know essentially a 45-day period, we would review that site plan for compliance with codes and ordinances, uh, and then it would go into place.

And this is in place with no mitigation measures, no analysis as far as uh the impacts to the to the adjacent root neighborhood or any residential structures nearby.

So we are currently uh very exposed.

With the proposed ordinance that is uh recommended by staff.

We go from by right development potential on the left, uh, where you see all the green uh the our buy right uh parcels at this time to the right, which is basically the Coastal Virginia Commerce Park as is as those are a permitted uh data centers are permitted use uh as per the development criteria that was adopted with that rezoning.

So we go from the exposure of over 27,000 uh residentially zoned parcels within 500 feet of a data center down to zero.

With the proposal, uh what's recommended is and this is the staff recommendation is making this a conditional use in our industrial districts, and that's the M1 and M2 uh districts.

And this means that data centers require a public hearing before planning commission and city council for every single one of them, with the exception of the coastal Virginia Commerce Park, which is the only place that those would be a by right use.

But everywhere else we would have the ability to require a conditional use permit, uh and that would allow us to look at these on a case-by-case basis and determine appropriateness uh as far as compatibility and uh the the use itself.

Now, what's before you there are two components.

The first component is the city zoning ordinance text amendment, and this is used to establish requirements.

So we're talking things like minimum setbacks, height, uh the application submission materials such as uh sound studies, uh visual impact, those types of things.

And these are required, requir these are these requirements are not flexible.

These have to become to have to be uh uh adhered to.

The other component is the comprehensive plan policy, and this provides policies and standards related to location and siting, uh, landscaping.

Uh it's flexible and allows for advancements and broader interpretation, and and these this is very similar to our solar energy policy, and this helps guide staff's recommendations when we talk about things like you know being appropriately sited.

Uh, that's one of the policies in here that talks about appropriate sighting.

But what does that look like?

You know, you you have the policy that establishes that, and that's and the conditional use permit allows us to look at this on a case-by-case basis.

So many of the topics that are discussed within both the ordinance and uh within uh the ordinance also have the companion policy that goes along with them.

And one of the first topics that comes up is the topic of noise, and this is you know something that we've heard time and time again uh as part of our research uh with with with both uh other ordinances as well with uh with talking with other localities.

Uh and this establishes standards for the DBA, uh, which is the higher frequency audible uh sound that we that we typically regulate within our city code, and it establishes a new DBC range, which is that lower frequency rumble, which is typically associated with uh data centers.

Uh this is a a much uh a much different sound wave that uh our city ordinance right now does not regulate.

So what is being recommended is the uh by staff is the daytime rate of 73 DBC and the nighttime rate of 68 DBC.

Uh these numbers are not random, uh they were polled specifically uh by uh uh Prince William County in particular up in Northern Virginia, who did an extensive study over multiple years, uh hired uh you know some of the best uh sound tech uh uh uh experts to determine uh what noise was appropriate, and we certainly have had uh many conversations with them about their recommendations, and based on the science, that uh these this is where these recommendations came from.

It also requires a sound study.

So when these applications come in, uh a sound study will be required that will show the the pre construction level noise that's around the site currently, uh the projected sound levels that are anticipated with the type of equipment and the siting of the data center itself, and then it would require a post-construction study to determine compliance with the adopted uh ordinance itself.

So you have the three layers of protection the establishing the baseline, the projected, and then uh concurrence uh and post-construction to determine to make sure that we are in compliance.

The policy itself uh is it's much broader, and it states that you know, due to potential noise, uh these should be appropriately separated and buffered from incompatible uses, which again the use permit allows us to take that into consideration to make that determination.

And then noise generating features such as generators, cooling towers, should be oriented away from incompatible uses.

And this is really important because with siting of these things, you could like make a lot of modifications to uh lessen the impact uh of this use on adjacent properties.

Water is another big topic.

Uh, and you know the the first and foremost the ordinance speaks about water and wastewater system impact analysis as being required.

So this would uh talk to the type of uh the amount of water that would be required, uh this would be reviewed as as part of our our review for the uh for the use itself.

It must be served uh by a public water system and private groundwater systems are prohibited, and this was something that we've heard uh time and time again that is really imperative for these facilities and concerns, particularly uh if they are to occur in rural areas where uh wells may be affected by large uh uh uh poles of of groundwater, uh, those are prohibited here.

So no groundwater systems uh will be permitted.

And then from a fire and life safety standpoint, sufficient water for fire suppression.

Uh, this was is absolutely critical to make sure that these facilities have enough uh you know, being as large as they are that we have enough water to continue to uh provide uh protections.