This is not over. Help protect Foxfire.

Please vote yes on the 18-month data center moratorium

I am a resident of Commercial Point writing in strong support of the proposed 18-month data center moratorium, introduced by Council Member Ezekiel Miller on February 23, 2026.

The moratorium is not an attempt to block development permanently. It is a reasonable request for time to get answers that should have been provided before Ordinance 2024-07 was adopted in May 2024. Here is what residents still do not know:

- Whether the village's water and sewer systems can support the scale of this development without degrading service for existing residents.
- What noise standards, if any, will apply to data center operations adjacent to a residential neighborhood.
- Whether power infrastructure requirements will result in aboveground utility lines near Foxfire homes.
- What tax incentives, if any, have been negotiated, and whether the village will receive adequate revenue to offset increased service demands.
- What the village's obligations are under the NDA with Amazon Data Services, which expires July 2026.

Data centers in a village of Commercial Point's size represent a significant and largely irreversible land-use decision. The village has an obligation to understand the long-term consequences before any further approvals are granted.

I ask the council to vote yes on the moratorium and use that time to answer these questions publicly.

Request for public transparency on the Amazon Data Services NDA

I am a resident of Commercial Point writing to express concern about the non-disclosure agreement between the Village of Commercial Point and Amazon Data Services, reportedly signed in July 2023.

Public statements at the February 23, 2026 council meeting indicate that this NDA exists, that it was signed by the previous mayor, and that the village has sent non-renewal notice. The NDA is reported to expire in July 2026.

My concerns are as follows:

1. The NDA governs discussions between the village and a private company about the potential development of approximately 267 acres of land adjacent to a residential neighborhood. Residents have a right to understand what was discussed and what commitments, if any, were made on their behalf.

2. Multiple land use and utility decisions may have been shaped by information or agreements contained in or related to that NDA. If residents were not informed because of confidentiality obligations, that creates a transparency problem regardless of whether those decisions were ultimately correct.

3. The NDA expires in July 2026. Before it expires, I ask the council to publish the full text of the agreement and provide a clear public accounting of any village commitments or representations made under it.

The credibility of local government depends on open and accountable decision-making. I ask that this NDA be released in full and discussed openly at a public meeting before it expires.

Concerns about health and quality-of-life impacts on Foxfire residents

I am a resident of Commercial Point writing to raise concerns about the health and quality-of-life impacts of a large-scale data center complex adjacent to the Foxfire neighborhood.

Data centers of the scale proposed for the K-Nova / Jahn Farm property, approximately 267 acres, generate significant and continuous noise from cooling systems and HVAC equipment, consume enormous quantities of water, require major electrical infrastructure, and produce electromagnetic output. These operations run 24 hours a day, 365 days a year.

What concerns me is that there are limited peer-reviewed, long-term studies on the effects of large-scale data center operations on adjacent residential communities. We do not have clear answers about how continuous low-frequency noise affects sleep and health over years and decades. We do not have a full assessment of water draw impacts on well water quality or local aquifer health. We do not have a completed analysis of the visual, noise, and air quality environment that Foxfire families will live in once a facility of this scale is built and operating.

Before the village issues any permits for this development, I am asking the council to commission or require an independent environmental and health impact assessment that specifically addresses the impact on existing residential properties near Foxfire.

Families in this neighborhood bought homes here because of the quality of the environment. That environment is a public trust, and the council has an obligation to protect it.

Questions about Commercial Point's capacity to support this scale of development

I am a resident of Commercial Point writing to raise questions about whether our village has the institutional and infrastructure capacity to responsibly manage a development of this scale.

Ordinance 2024-07 rezoned approximately 266.971 acres for data center use. This is an extraordinarily large industrial footprint for a small village. Commercial Point has a limited administrative staff, a small water and sewer system, and emergency services that serve a modest population. I am asking the council to publicly address the following:

1. Water and sewer: What is the current daily capacity of the village's water and sewer systems? What is the projected daily water demand of the proposed data center development? Has an independent engineering assessment confirmed the systems can support both existing residents and this development without service degradation?

2. Emergency services: Has the fire department and emergency services been consulted about response requirements for a large industrial facility of this type? What infrastructure investments, if any, are required?

3. Administrative capacity: Does the village have the staff and expertise to oversee the permitting, inspection, and ongoing compliance requirements for a major industrial technology facility?

4. Financial obligations: What are the long-term financial obligations the village may be taking on in exchange for hosting this development? Are there infrastructure improvement commitments, utility extension requirements, or service level guarantees?

I am not opposed to thoughtful growth in Commercial Point. I am asking the council to demonstrate that this decision was made with a full and honest accounting of what our village can and cannot support.

Questions about the emergency passage of Ordinance 2024-07 and the refiling process

I am a resident of Commercial Point writing to ask for a full public explanation of the process by which Ordinance 2024-07 was passed.

The public record shows the following sequence of events:

In January 2024, K-Nova filed a rezoning application for approximately 266.971 acres adjacent to the Foxfire neighborhood. That application became Ordinance 2024-02. On April 1, 2024, Ordinance 2024-02 came to its third reading, received no motion to adopt, and was effectively denied.

On April 16, 2024, just 15 days later, K-Nova filed a new rezoning application for the same 266.971 acres. This application became Ordinance 2024-07.

On May 6, 2024, the council adopted Ordinance 2024-05, which amended Chapter 1143.04(e) of the Planning and Zoning Code, the local rule governing when and how a rejected zoning application may be refiled.

On May 20, 2024, Ordinance 2024-07 was adopted 4-1 at a special council meeting. The public record indicates the ordinance was passed with a suspension of the standard reading process, which under Ohio law (ORC 731.30) is reserved for measures necessary for the immediate preservation of public peace, health, or safety, requires a two-thirds vote of all elected members, and must state the reasons for the emergency in the ordinance itself.

I am asking the council to address the following questions publicly:

1. What specific emergency existed in May 2024 that justified suspending the standard reading process for a major and permanent land use decision affecting hundreds of residential properties?
2. Under what authority was K-Nova permitted to refile a rezoning application just 15 days after Ordinance 2024-02 failed, given the standard restrictions on refiling substantially similar applications?
3. What were the specific circumstances cited to allow that refiling, and how does Ordinance 2024-05's amendment of Chapter 1143.04(e) relate to K-Nova's April 16 application?
4. What public notice was provided to Foxfire residents before the May 20, 2024 special meeting at which this permanent rezoning was adopted?

These are factual questions about process and procedure. Residents deserve a complete, written, public answer.

Concerns about property values and energy cost impacts on Foxfire residents

I am a resident of Commercial Point writing to raise concerns about the economic impacts of the proposed data center development on Foxfire homeowners.

Home values near Foxfire represent a significant portion of residents' financial security. Numerous academic and appraisal studies have found that large industrial and utility-scale facilities can suppress residential property values in adjacent neighborhoods, particularly when those facilities produce continuous noise, generate heavy truck traffic, or require visible infrastructure such as aboveground power lines and cooling towers. Ordinance 2024-07 specifically allows utilities to be installed aboveground where "absolutely necessary."

Before this development proceeds, I am asking the council to require an independent property value impact assessment that analyzes the potential effect on Foxfire homes and provides that analysis to residents.

On energy costs: data centers of the scale proposed for this site require substantial electrical infrastructure, including substations and transmission line upgrades. Residents raised concerns about electrical substations at the February 2024 public hearing. I am asking the council to provide a clear public accounting of:

1. What power infrastructure is required to support this development, and who is responsible for funding it?
2. Is there any possibility that infrastructure costs will be passed on to local utility customers or village residents?
3. What agreements, if any, has the village made regarding utility service or capacity for this development?

Foxfire families invested in this community. They deserve a full economic accounting of what this development means for their homes and their bills.