Chesapeake Planning Commission Public Hearing on Data Center Regulations – July 8, 2026

The Planning Commission held a pre-meeting at 11:00 a.m. and a public hearing beginning at approximately 6:30 p.m. on July 8, 2026. The primary agenda items were proposed text amendments and a comprehensive plan policy to regulate data centers, moving them from a by‑right use to a conditional use in most zoning districts. The meeting included public testimony, staff presentations, and commissioner deliberations. The commission voted 9‑0 to recommend approval of both the text amendment and the policy with several amendments.

Continuance & Withdrawal

• PLN‑REZ‑2025‑020 (Carleton Park): Continued indefinitely at the applicant’s request.
• PLN‑USC‑2025‑009 (Chesapeake Waterfront Concrete): Continued 60 days to the September 9, 2026 meeting. One speaker (Zachary Hanlin) answered questions on the continuance; no opposition to the continuance itself was expressed. The continuances were approved 9‑0.

Consent Calendar

• PLN‑REZ‑2025‑021 (Mears Creek): Rezoning of 13.2 acres from R‑15 to R‑8 residential. Staff reported five comment forms in opposition (reasons: preserve woods, concerns about lot sizes and property values). Applicant Grady Palmer spoke in support; speakers Karen Graham and Terry Reese spoke in opposition citing density, traffic, drainage, and emergency access. Approved 7‑2.
• PLN‑USC‑CT‑2026‑001 (Sam Circle Communication Tower): Conditional use permit for a 199‑ft communications tower. Staff reported one inquiry and one opposition comment (parking concerns). No speakers. Approved as part of consent agenda.

Public Comments & Testimony

Over 140 emails were received opposing the data center items. Public speakers (approximately 30) addressed the commission:

• Supporters: David Rupp (Chesapeake Alliance) recommended a technology overlay district, small‑scale edge centers, flexible on‑site power, and direct community benefits. Robert Bricker (Sunray Farmers Association) requested protections for agricultural businesses. Brian Dunmeyer proposed strategic energy integration and infrastructure‑first planning.
• Opponents: Many speakers expressed opposition to large‑scale data centers in Chesapeake, citing concerns over noise (low frequency, DBC levels), water consumption, electricity demand, setbacks, property values, environmental impacts (heat islands, aquifer strain), cumulative effects, decommissioning plans, and lack of public engagement. Speakers included representatives from Chesapeake Environmental Improvement Council, Chesapeake Climate Action Network, and numerous residents. Several requested a moratorium or stronger regulations.
• Legal clarification: City Attorney Ben Tedder stated that Virginia law prohibits an outright ban on data centers; localities can only regulate through conditional use permits and zoning standards.

Discussion Items

Data Center Text Amendment (PLN‑TXT‑2026‑001) and Comprehensive Plan Policy (PLN‑COMP‑2026‑002)

• Staff presented extensive research, including a trip to Prince William County, stakeholder committee meetings, and review of state legislation. The current status quo allows data centers as a by‑right use in business and industrial districts, leaving over 27,000 residentially zoned parcels within 500 ft of potential by‑right development. The proposal removes by‑right status in most areas, requiring a conditional use permit (CUP) with public hearings, except in the Coastal Virginia Commerce Park (large industrial PUD).
• Proposed standards included: minimum 100‑ft setback from residential/agricultural property lines and 500‑ft from existing residential structures (minimum); height up to 95 ft with CUP; noise limits of 73 DBC daytime/68 DBC nighttime (based on Prince William County adopted levels); water connection to public system (no groundwater wells); energy infrastructure analysis; emergency response plans; generator testing limits; fire safety; and battery storage compliance.
• Commissioners discussed several amendments:
  • Setbacks: Increase minimum to 1,320 ft (quarter mile) from any structure and half‑mile from residential, schools, hospitals, etc.
  • Noise: Reduce daytime limit to 68 DBC and nighttime to 63 DBC (consultant’s original recommendation for Prince William).
  • Noise measurement: Change from “at or within a residential property boundary in a residential zoning district” to “within any adjacent property” to protect agricultural uses.
  • Energy: Add certification that service will not materially diminish reliability for existing customers.
  • Decommissioning: Not required due to lack of state authority, but policy can encourage voluntary plans.
  • Policy amendments: Vice Chair Squelia proposed additions to emphasize protection of existing communities, preferred industrial locations, infrastructure capacity, accessory infrastructure impacts, and periodic review.
• Legal and utility staff answered questions on water supply, drought resilience, enforcement, cumulative noise, and wells/septic.

Key Outcomes

• PLN‑TXT‑2026‑001 (Text Amendment): Recommended approval 9‑0 with amendments as discussed (setbacks, noise limits, measurement boundary, energy certification).
• PLN‑COMP‑2026‑002 (Comprehensive Plan Policy): Recommended approval 9‑0 with additional policy language proposed by Vice Chair Squelia.
• Both recommendations will be forwarded to City Council for final action. If approved, data centers will require a CUP in M‑1, M‑2, and the Fentress Airfield Overlay District, with the Coastal Virginia Commerce Park remaining by‑right.
• The commission’s retreat is scheduled for July 22, 2026, from 5:00 to 8:00 p.m.