Chesapeake City Council Meeting - August 18, 2026

The Chesapeake City Council met on August 18, 2026, at 6:30 PM in City Hall Council Chamber. The meeting included an invocation, pledge of allegiance, roll call (all nine members present, with Councilmember King participating remotely via telephone), approval of remote participation, and approval of the agenda. The council then held public hearings on five items, including zoning reclassifications, a conditional use permit for a communications tower, and a high-profile text amendment to regulate data centers. After extensive public testimony and council deliberation, the council approved all items, including a modified version of the data center ordinance that closes by-right loopholes, removes the Fentress Airfield Overlay District from eligible areas, and effectively imposes a moratorium on data center development.

Consent Calendar

• Approved withdrawal of PLN-REZ-2025-015 (Great Hope Baptist Church) from the June 16, 2026 continued meeting, with all nine votes in favor.
• Approved PLN-REZ-2025-021 (Mears Creek) with proffers, rezoning approximately 13.2 acres from R-15s to R-8 Residential District for up to 22 single-family homes, with design standards, a trail requirement, and a wooded buffer along I-664. Vote: 9-0.
• Approved PLN-REZ-APM-2026-001 (Sawyer Property) with proffers, an accelerated proffer modification to replace a planned road connection with a pedestrian connection due to archaeological and wetland constraints, adding temporary signage and a timing trigger. Vote: 9-0.
• Approved PLN-USE-CT-2026-001 (Sams Circle Communication Tower) with stipulations, a conditional use permit for a 199-foot communications tower at 1521 Sams Circle. Vote: 9-0.

Public Comments & Testimony

• Items A–D: Two speakers addressed Item E prior to the presentations: Linda Tyndale and Jennifer Knight spoke in opposition to data centers. For Item B, Grady Palmer (applicant agent) spoke in support, noting a letter of support from the adjacent Dock Harbor civic leader. For Item C, Grady Palmer explained the pedestrian connection change. For Item D, Vic Nichols asked whether only communications carriers would use the tower; Shahjad Mahmood (Kimley-Horn) confirmed it is designed for Verizon, AT&T, and T-Mobile.
• Item E (Data Center Text Amendment): 37 speakers signed up, most opposing the ordinance or data centers generally. Key themes included: opposition to locating data centers in the Fentress Airfield Overlay District, concerns about groundwater contamination and overuse (citing recent DEQ reports), noise pollution (low-frequency hum), electricity demand and grid reliability, lack of public input and transparency (NDAs, FOIA issues), property value impacts, and harm to agriculture and wildlife. Several speakers called for stronger setbacks (1,600 feet or more), stricter noise limits, and a ban on data centers across the city. A few speakers supported the ordinance but urged stronger protections, such as Michelle Olchi (Chesapeake Climate Action Network), who asked to close a loophole regarding behind-the-meter fossil fuel generation. Some speakers questioned the legality of a ban under the Dillon Rule, and others urged the council to seek an Attorney General opinion. One speaker, Dennis Black, asked for an independent factual report before decisions.

Discussion Items

• Data Center Zoning Text Amendment (PLN-TXT-2026-001): City Manager Christopher Price explained that the ordinance was drafted to close by-right loopholes that currently allow data centers in many zoning districts without public hearing. Staff recommended approval of a version dated August 3, 2026. The Planning Commission had recommended stronger protections (e.g., larger setbacks and lower noise limits) in its July 8 meeting, but staff’s version reverted to less restrictive standards. Councilmember Newins moved to approve a third version that (1) eliminates all by-right data center uses in Chesapeake, (2) removes the Fentress Airfield Overlay District from eligible areas, and (3) includes a provision prohibiting data centers from connecting to groundwater, which effectively prevents development on the Coastal Virginia Commerce Park (Williams Farm) due to the lack of public water and sewer (cost estimated at over $300 million and at least three years to install). The motion also requested the city seek an Attorney General opinion on whether a total ban is legally possible under Virginia law. Councilmember Jefferies seconded. In discussion, council members expressed support, emphasizing the need to protect water, power, and community character. Councilmember Whitaker noted no non-disclosure agreements have been signed regarding data centers. Councilmember King cited a health study on air pollution from backup generators and noted that Prince William County’s noise limits were weaker than their own consultant’s recommendation. Councilmember Bunn stressed the importance of closing the loophole immediately. The motion passed 9-0, adopting the text amendment as version dated August 18, 2026.
• Unfinished Business: Councilmember Newins asked about the implementation of the Animal Cruelty Registry approved at the prior meeting. City Manager Price stated it would be operational within 30 to 60 days and accessible on the Animal Control website.
• New Business: Councilmember Smith thanked Human Resources and Parks & Recreation for summer youth programs, noting 18 out of 20 paid positions filled and high daytime participation. Councilmember Ward announced a community unity day event organized by multiple civic leagues over the weekend.

Key Outcomes

• All public hearing items were approved by unanimous 9-0 votes.
• PLN-TXT-2026-001 (Data Centers) was approved in a modified form (version dated August 18, 2026) that: closes all by-right data center uses; removes the Fentress Airfield Overlay District from eligibility; prohibits connection to groundwater, imposing a de facto moratorium on the Coastal Virginia Commerce Park; and directs the city manager to request an Attorney General’s opinion on the legal authority to ban data centers.
• The council will hold meaningful listening sessions over the next eight months to develop stronger enforceable standards regarding setbacks, noise, water conservation, grid protection, cumulative impacts, and transparency.
• The Animal Cruelty Registry is expected to go live within 30 to 60 days.