The Planning Commission is schedule to review a draft Data Center Ordinance and Policy on Wednesday, July 8, 7 pm, at City Hall. This ordinance will allow building of Data Centers in Chesapeake with a Conditional Use Permit in Industrial zoning districts (M-1 and M-2) and within the Fentress Overlay and establishes conditions and guidelines for granting such Conditional Use Permit.
We need residents to come to the Planning Commission on July 8 and speak out to make sure we have the strongest possible ordinance to govern where and how data centers are built. Under current zoning regulation, data centers could be build "By Right", without any City Council oversight, in any business, commercial, or industrial zoning district.
The Planning Department convened a Stakeholder Group to help draft the document and one of our associates on the group shared the June 6 version. We are hoping to see and be able to share a revised version prior to Planning Commission meeting. The June 6 version included many good standards are requirements, but fell short in several key areas:
- Fentress Overlay
- The draft ordinance permits data centers, by Conditional Use in the Fentress Overlay. The associated policy document sets the preferred siting to be within 0.5 miles of existing electric transmission corridors or other suitable power sources. This could open up about 500 acres of agricultural land for potential data center development in the Fentress Overlay, east of Centerville Turnpike. This land area could support 20 data centers the size of the one proposed for Etheridge Manor. While the 2045 Comp Plan states that "Industrial and commercial uses that are compatible with rural infrastructure and aesthetic and noise levels commonly produced during Fentress operations are appropriate" in the Overlay, we would like to see a cap on how many data centers or how much power they can cumulatively draw from a single substation (e.g., 200 MW).
- The draft ordinance permits data centers, by Conditional Use in the Fentress Overlay. The associated policy document sets the preferred siting to be within 0.5 miles of existing electric transmission corridors or other suitable power sources. This could open up about 500 acres of agricultural land for potential data center development in the Fentress Overlay, east of Centerville Turnpike. This land area could support 20 data centers the size of the one proposed for Etheridge Manor. While the 2045 Comp Plan states that "Industrial and commercial uses that are compatible with rural infrastructure and aesthetic and noise levels commonly produced during Fentress operations are appropriate" in the Overlay, we would like to see a cap on how many data centers or how much power they can cumulatively draw from a single substation (e.g., 200 MW).
- Noise
- The proposed permitted low-frequency noise levels in the June 6 draft are too loud. The draft proposed the same levels recently adopted by Prince William County with a maximum daytime noise level at 73dB(C) and a maximum nighttime level at 68 dB(C). But Prince William County Board of Supervisors adopted levels louder than recommended by their own consultants, in order not to negatively impact existing data centers; data centers which people complained about as too loud. https://www.princewilliamtimes.com/news/supervisors-ok-compromise-noise-ordinance-aimed-at-data-centers/article_1288e464-5559-4c12-ab8f-2a28ca28d819.html . We should adopt the levels their consultant recommended - a daytime level at 67 dB(C) and the maximum nighttime level at 62 dB(C) - or lower.
- The draft ordinance has no mechanism for noise enforcement when data centers exceed permitted levels. Current City ordinances exempt noise from HVAC systems, Backup Generators, and lawful activities in the M-1 Light Industrial, M-2 General Industrial zones, from enforcement.
- Criteria for modeling noise levels during plan approval are not spelled out in the policy. If the simulation incorrectly models the equipment, the analysis will result in inaccurate noise predictions.
- Setbacks
- The draft requires a 500' setback of any data center structure from any residential structure, but only a 100' setback from a residential property line. Effectively, the data center can be 100' from a home's "back yard". For larger properties, such as those found in rural areas, this could hinder the enjoyment of their property by property owners. We recommended a 500' setback from the property line in our comments.
- Decommissioning Plan
- The policy indicates a Decommission Plan should be considered during the Conditional Use process, but does not include details. We would like to see it specify a timeframe for the safe removal of equipment and infrastructure and the return of the site to a stable and appropriate post-use condition. Also, we should consider requiring the operator to provide a bond in the event that they go bankrupt and are not financially able to decommission the site.
- Efficiency Standards
- The policy states an intent that data center developments should be designed to meet high standards of energy efficiency and sustainability. But no standards are defined. We recommend that Data Centers adopt a Power Usage Effectiveness of 1.2 or better and a Water Usage Effectiveness (WUE) ratio below 1.0 liters per kilowatt-hour (L/kWh) for a closed-loop cooling system. https://www.energy.gov/sites/default/files/2024-07/best-practice-guide-data-centerdesign_0.pdf
- Plans and components required in a Conditional Use Permit Application
- Back-up Power Generator restrictions
- Lighting Standards
- Landscaping and Buffering Standards