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[Planning and Zoning Work Session on July 1, 2026.]
PLANNING COMMISSION WORK SESSION FOR WINS OF JULY 1ST, 2026 TO ORDER.AND WE DO MS. POTTER, WE PLEASE CALL THE VOTE.
AND THE FIRST ONE, WE'RE GONNA START OUT WITH A SPECIAL UNIT PERMIT APPLICATION SUBMITTED BY THE ROTARY CLUB OF FRONT ROW FOR AN ARTISTIC MURAL EXCEEDING 60 SQUARE FEET ON THE NORTH SIDE OF THE BUILDING FACING INTERSECTION OF NORTH COMMERCE AVENUE IN MANASAS STREET, LOCATED 37 WATER STREET IDENTIFIED BY TAX MAP 2086 DASH SIX DASH C3.
THE PROPERTY IS ZONED C TWO DOWNTOWN BUSINESS DIS DISTRICT.
AND I'M JUST GONNA MENTION, I'M GOING TO STAY OUT OF THIS CONVERSATION SINCE I AM A ME MEMBER OF THE ROTARY CLUB AND I JUST FEEL MORE COMFORTABLE THAT WAY.
I JUST A LITTLE BIT OF A SIDEBAR.
DID ANYBODY DRIVE BY A FEW SELF HOLD FLOORS TO SEE THEIR MURAL? YEAH, IT LOOKS REALLY GOOD.
I THOUGHT THE COLORS WOULD BE MORE INTENSE.
MR. WHERE DO YOU HAVE A PRESENTATION? YEAH, THAT'S FOR PRESENTATION.
I MEAN, WE'LL SEND OUT A PACKET TOGETHER, BUT JUST A LITTLE BRIEF EXPLANATION ON THIS IF YOU'RE FAMILIAR.
THAT'S THE BUILDING THERE AT THE INTERSECTION WITH THE TRAFFIC LIGHT THERE ON NORTH COMMERCE STREET PROPERTY OUTLINED THERE IN YELLOW WITH THE PROPERTY ON THAT BUILDING THERE.
LEFT IS WHERE EVER GROW IS THE FARM STORE.
THE BUILDING THERE, HERE ON THE LEFT.
UH, SO THAT IS THE SIDE OF THE BUILDING.
THAT MURAL WILL GO ON LOOKING ACROSS THE STREET.
ONE OF THOSE, UH, I BELIEVE IT'S COLORADO BLUE SPRUCE IN THE FRONT THERE.
THAT IS IN WITHIN THE RIGHT OF WAY.
UH, SO WE'LL JUST MAKE THAT KNOWN.
UH, THEY, BASED ON THEIR APPLICATION, THEY'RE GOING TO REMOVE, UH, TWO TREES THAT ARE ON THEIR PROPERTY.
UM, THAT THE TWO BLUES BLUE SPRUCE IS STAYING.
THE OTHER TWO SPRUCE I THINK ARE GOING YEAH, WE DID YOU PUT WE UH, LET'S SEE.
RIGHT? SO THE ONE TREE RIGHT AWAY, THE ONE TREE IS UP HERE IN TOWN RIGHT AWAY.
THE OTHER TREES ARE DOWN HERE ALONG THEIR PROPERTY.
SO JUST THEY'RE TAKING DOWN THE ONES ON THEIR PROPERTY.
SO THE OTHER TREE IS ON TOWN RIGHT AWAY.
UH, THEY'RE JUST, I I WANTED TO GIVE YOU A VISUAL OF THAT.
SO, SO THE TREES ON TOWN RIGHT AWAY WILL BLOCK THEIR MIRROR.
AND EVEN THEN, THEY'RE MUCH SMALLER THAN THE ONES THAT ARE ON THEIR PROPERTY.
WE OUR TREE CITY THOUGH,
UH, SO THAT'S THE VIEW OR THAT'S THE SIDE OF THE BUILDING WHERE THE MURAL IS GOING TO THEIR APPLICATION IS FOR AND THAT IS THE MURAL.
JOE, IS THAT THE SAME BUILDING THAT USED TO HAVE UNITED WAY? THE ER? UM, I'M NOT SURE.
WHAT'D YOU ASK? THE SAME BUILDING THAT USED TO HAVE THE UNITED WAY THERMOMETER ON IT.
I REMEMBER SEEING THAT WHEN I WAS STOPPED AT THAT TRUCK.
UH, I THINK THAT THIS, THEY'RE ALREADY, UM, YOU'RE PAINTING IT ON, ON A BOARD AND THEN THEY'RE GONNA MOUNT BOARD.
IT WON'T BE PAINTED ON THE WALL TO BE DIRECTLY ONTO THE YEAH.
SO IT'LL BE ATTACHED TO THE WALL, NOT PAINTED ON ONE SURFACE OF THE UH, BLOCK.
BUT WE'LL PUT A COMPLETE PACK TOGETHER, UH, FOR THE APPLICATION.
I JUST WANNA BRING THAT TO YOUR ATTENTION BECAUSE YES, THE TREES ARE PROBABLY, THOSE TREES THAT'S ON THE PROPERTY OBVIOUSLY WILL BLOCK THE VIEW OF THE MURAL.
BUT THERE IS ONE TREE THAT IS WITHIN THE TOWN'S RIGHT OF WAY UP NEAR THE SIDEWALK AREA ON THAT.
DO YOU HAVE ANY QUESTIONS? AND WE WILL CONFIRM WITH THE APPLICANT.
MAKE SURE THEY UNDERSTAND THE ONE TREE IS ON THE TOWN RIGHT OF WAY, RIGHT? YOU PULL THAT UP ON YEAH.
WE'LL GIVE YOU A BETTER, JUST A DIFFERENT ANGLE.
THOSE WOULD BE THE ONES THEY TAKE DOWN THIS ONE, BE THE ONE THAT YOU POTENTIALLY BE THE ONE THAT'S IN THE
WE'LL TAKE SOME DIFFERENT, UH,
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PHOTOGRAPHS.AND THE REASON FOR IS TO PROMOTE THE ROTARY CLUB.
THE HISTORY OF THE ROTARY CLUB.
WHERE ON THERE DOES IT SAY ROTARY? IT DOESN'T.
SO JUST HAVE TO, IT'S NOT A SIGN.
IT, THAT'S LIKE ONE OF THE BIGGEST INITIATIVES.
AND ONE OF THE THINGS ROTARY'S KNOWN FOR IS, UM, NEARLY ERADICATE OH NO.
SO USUALLY THE TWO ARE JUST SYNONYMOUS WITH EACH OTHER.
HOW, HOW WIDE IS THE BUILDING THAT SIDE OF THE BUILDING NOW? LIKE HOW MUCH OF IT WILL TAKE, WILL IT TAKE UP? YEAH, I'LL, I'LL I'LL GET THAT INFORMATION FOR YOU.
YEAH, THAT'LL BE INCLUDED IN THE PACKET.
WE'LL GET TO DIMENSIONS OF THE BUILDING.
UH, IT WOULD BE GOOD IF WE CAN GET FROM THE APPLICANT AS WELL.
AND MAYBE IT'S JUST A QUESTION OF ANSWERING THE HEARING, BUT WHERE ON THE BUILDING WOULD SPEAK? 'CAUSE IT IS NOT ALL OF IT, BUT WHICH SIDE ARE WE LOOKING AT? I HAVE A GUESS, BUT IT WOULD BE GOOD TO TO KNOW.
IT SAYS, UH, RURAL HAIL AND COMMERCE.
SO IT'S THAT FRONT VIEW WHERE THE TREES ARE.
WELL, THAT WHOLE SIDE OF THE BUILDING, BUT IT'S NOT GONNA TAKE UP THAT WHOLE SIDE.
YOU ALMOST WANNA SEE IT SUPERIMPOSED ON, I MEAN THAT SOUNDS LIKE IT'D BE A LOT OF EXTRA WORK FOR THEM IF THEY JUST SAY RIGHT OR LEFT.
WE'LL, WE'LL GET, WE'LL GET THE DIMENSIONS TO THE FACE OF THE BUILDING THEN, RIGHT? UM, MAYBE THAT'S THE QUESTION YOU ASK.
RIGHT? SEE IF I CAN FIND IT ON THE PERMIT.
UM, IT JUST SAYS ON THE, ON THE SIDE RIGHT THERE THAT ASSIGNED THAT SIZE, THAT REQUIRES A SPECIAL USE PERMIT.
SO YOU MAY ASK THEM SOME QUESTIONS, UH, DURING THE MONTHLY MEETING HERE IN TWO WEEKS.
BUT WE'LL TRY TO GET, UH, SO YOU WANT AN OVER, YOU WANT A UH, A QUESTION ABOUT IF IT'S GONNA BE CENTERED ON THE BUILDING? YEAH, JUST WHERE ON THE, YEAH, WHERE ON THE BUILDING WOULD IT BE, GIVE OR TAKE? RIGHT.
AND WE PROBABLY WANNA KNOW THE, UH, DISTANCE OFF THE, IT'S ONLY GONNA BE EIGHT FOOT OR SO WE KNOW IF IT'S GONNA BE CENTERED VERTICALLY OR NOT ON THE BUILDING TOO.
I DID NOT KNOW THAT BUILDING WAS THE ROTARY.
THAT'S BLUE, BUT OPPORTUNITIES.
DOES IT SELL BLUE BRIDGE OPPORTUNITIES? YEAH.
YOU, THAT'S WHERE THE UNITED SIGN, IF THEY'RE JUST MOUNTING, I'M NOT WORRIED ABOUT IT BEING TOO FAR OFF THE BUILDING 'CAUSE THAT'S JUST ME.
ANY OTHER QUESTIONS? OKAY, MOVE ON.
UM, THE NEXT THING ON HERE IS WE HAVE REVIEW ARTICLES EIGHT AND 10.
WOULD YOU GUYS RATHER GO AHEAD AND PICK UP THE DATA CENTER ONE NOW OR DO THE ARTICLES? EIGHT AND TEN FIRST LET'S DO THE ARTICLES AFTER.
DO GO DO THE DATA, THE DATA CENTERS.
COULD, YEAH, YOU BRING UP THE ONE I SAID WE'RE GONNA DO IS, UM, MEGAN HAS SENT IN SOME UPDATE A WRITTEN UPDATE FROM A COUPLE HOURS AGO.
AND WHAT I'M GONNA DO IS START WITH THE ONE I I SENT IN AND I'LL GO THROUGH AND EXPLAIN WHAT THE REASONING WAS BEHIND THAT.
AND THEN WE'LL GO TO WHAT MEGAN HAD SENT ABOUT ADDITIONS AND ANYBODY, ANY OTHER QUESTIONS OR ADDITIONS EVERYONE ELSE HAS, IF THAT'S OKAY WITH EVERYONE.
LET ME JUST START WITH SAYING THE TASKING WE WERE GIVEN WAS OF TWOFOLD.
ONE WAS ABOUT A MORATORIUM AND THE OTHER WAS ABOUT A PROHIBITION.
THEY WERE ASKING US TO DO, UM, THE MORATORIUM.
UH, THERE, THERE'S SOME ISSUES BEHIND THAT.
UM, THE TOWN ATTORNEY HERE, BUT WOULD PLEASE ADDRESS, UM, YEAH, RIGHT.
IN MY VIEW, UH, A MORATORIUM AS A ADMINISTRATIVE ACTION.
UM, AND SO COUNSEL WILL BE TAKING THAT UP SEPARATELY.
SO THAT'S NOT, WE, WE WILL, WE WILL NOT BE ACTING ON THAT IN THIS MEETING.
YOU OTHERWISE WOULD IT BE A LEGISLATIVE ACT? AND IN MY OPINION, MORATORIUM ISS NOT ENABLED BY STATE LAW.
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OKAY.JUST, JUST WANT TO CLEAR THAT WHY WE AREN'T PROCEEDING ON THAT.
AND SO LET'S GO TO THE PROHIBITION AND GET THAT UP.
DO YOU NEED ME TO MAKE IT BIGGER OR IS THAT OKAY? I IT'S UP TO THESE FOLKS HERE.
I HAVE IT IN FRONT OF ME, SO I'M OKAY.
UM, THIS IS NOT WHAT NO, THAT'S DIFFERENT THAN WHAT I'M HAS A DIFFERENT VERSION.
SO, WE'LL, I GONNA START WITH THE ONE THAT WAS SENT OUT IN THE PACKAGE.
SO WE'LL FIRST START WITH, YOU KNOW, YOU GUYS LAST YEAR TOOK THIS UP IN ABOUT JUNE, RIGHT? AND THEN TOOK IT THROUGH THE PROCESS OF THE PUBLIC HEARING.
NOW COUNSEL WITH THE DEFINITION THAT YOU SENT WITH THE RESTRICTIONS AND THEN USING OR, UM, REGULATING VIA SPECIAL USE PERMIT.
RIGHT? SO WE ARE VERY RESTRICTIVE ORDINANCE TO, UM, GIVE LEGISLATIVE BODY FULL CONTROL OVER THE PROCESS.
UM, SO ON JUNE 22ND, THEY TOOK A PROMOTION THAT THEY DID SEND IT BACK.
SO, UM, THEY DID NOT DEFINE IT THAT NIGHT.
SO THE MOST IMPORTANT THING THAT YOU ALL STILL NEED TO DO DEFINE DATA CENTERS WITHOUT DEFINING DATA CENTERS, THE TOWN IS NO MORE PROTECTED NOW THAN WE WERE LAST YEAR, RIGHT.
SO THE DATA CENTER DEFINITION IS THE MOST IMPORTANT PART.
AND THEN THE SIMPLICITY OF THE REVISION IS NOW IT'S SOUNDED SP IT'S NOT BY RIGHT? IT IS JUST PROHIBITED IN ALL SONY DISTRICTS.
SO IF WE JUST SIMPLY STATE THAT WITH THE DEFINITIONS, IT SHOULD GET US TO WHERE COUNCIL WANTS IT TO BE.
I WASN'T CLEAR IF THEY HAD A A ISSUE, IF THEY TOOK ANY ISSUE WITH THE DEFINITION THAT WE HAD PROPOSED.
THEY DIDN'T GIVE YOU ANY FEEDBACK.
AND, AND FOR WHAT THE NEW DIRECTION IS, THE OLD DEFINITION WOULD BE WOEFULLY INADEQUATE.
'CAUSE THE DEFINITION'S GOING TO HAVE TO ENCOMPASS WHAT, I'LL JUST GO AND GET INTO THIS AND THAT'LL HELP EXPLAIN IT.
UM, IN ORDER TO ADDRESS THIS ACTIC, PRE TO PROHIBITION, WE HAVE TO DEFINE, UM, WHERE YOU WOULD FIND A DATA CENTER.
WHAT A DATA CENTER IS, WHAT DATA CENTER IS NOT ADDRESS LOOPHOLES THAT COULD BE EXPLOITED IN A SIMILAR USE CONCEPT AND PROTECT BUSINESSES AND INDUSTRY THAT USE COMPUTING AND HAS SIGNIFICANT COMPUTING HARDWARE NECESSARY TO CONDUCT BUSINESSES SUCH AS HOSPITALS AND GOVERNMENT BUILDINGS, PRODUCTION FACILITIES, AND SO ON.
I'M JUST GONNA WALK THROUGH EACH OF THESE SECTIONS HERE TO SAY WHERE EACH OF THESE THINGS WERE ADDRESSED IN, IN, IN THE DOCUMENT I SENT OUT.
REAL QUICK, BEFORE WE DO THAT, DO YOU KNOW OFFHAND HOW TO REMOVE A WATERMARK JUST SO THAT THIS IS EASIER TO READ, FOLLOW? OH, SURE.
I'LL HOW TO DO IT FROM, FROM THERE.
OH, ON THAT THING I MIGHT NEED THE, UM, NOT YOUR MOUSE.
I HOPE THAT CAN, YEAH, UNFORTUNATELY THE FADE DOESN'T WORK WHEN THEY PUT IT UP THERE.
I CAN START WITH THE FIRST PART OF THIS, UH, WHERE YOU WOULD FIND THE DATA CENTER, RIGHT IN THE BEGINNING OF IT SAYS DEFINE DATA CENTERS AS AN INDUSTRIAL USE.
THAT'S, THAT WAS, UH, AN ADVICE, UM, SAGE ADVICE WE GOT AND IT GREATLY SIMPLIFIES IT'S INDUSTRIAL USE IS OBVIOUSLY NOT A RESIDENTIAL AREA.
AND THAT'S WHAT THE FIRST WORDS SAY ON THERE AS AN INDUSTRIAL FACILITY.
UH, WHAT A DATA CENTER IS THE FIRST FOUR SENTENCES IN THE DEFINITION TALK ABOUT, UM, WHAT A DATA CENTER IS.
AND ITEMS ONE THROUGH FOUR, WHICH ARE LATER IN HERE, I'LL ADDRESS WHAT A DATA CENTER IS.
AND WE'LL GO BACK AND LOOK AT EACH OF THESE IN DETAIL JUST FOR AN EXPLANATION.
WHAT A DATA CENTER IS NOT IS THE LAST SENTENCE IN THE FIRST PARAGRAPH AND ELEMENTS OF THE LAST PARAGRAPH THAT OVERLAP WITH PROTECTING THE BUSINESS' USE COMPUTING, ADDRESSING LOOPHOLES THAT MAY BE EXPLOITED UNDER SIMILAR USE CONCEPT IS THE SECOND PARAGRAPH IN HERE AS WELL AS THE LAST TWO SENTENCES.
THE FOURTH PARAGRAPH, PROTECTING BUSINESSES AND INDUSTRY THAT USE COMPUTING AND HAVE SIGNIFICANT COMPUTING HARDWARE NECESSARY TO CONDUCT BUSINESSES SUCH AS HOSPITALS, GOVERNMENT BUILDINGS, IS THE FIRST THREE SENTENCE OF THE PARAGRAPH.
AND, UH, AND THAT, THAT'S JUST KIND OF A BREAKDOWN OF WHAT'S TRYING TO BE IN HERE.
NOW, THE REST OF THE DOCUMENT HERE, UH, AS WE GET TO THE END, IT SAYS THE CHAPTER ONE, GO AND SCROLL DOWN A LITTLE BIT.
WE HAVE TO DO DEFINITIONS OF WHAT A TECHNOLOGY BUSINESS IS AS WELL.
AND ALL WE'RE ADDING THERE IS A NON-BETA CENTER TO OUR EXISTING DEFINITION.
SINCE THE DEFINITION CALLS OUT HIGH PERFORMANCE COMPUTING AND COMPUTER INFERENCE, UM, WE HAVE TO THEN DEFINE WHAT THOSE ARE AS WELL.
AND IF YOU HAVE A, IF YOU REALLY GET BORED AND GO BACK TO LOOK THE HISTORY, OFFERENCE
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ENGINES AND EXPERT SYSTEMS, THE LEADING OF AI, IT'S A FASCINATING STORY ANYWAY.AND ON THE REST OF IT, IT'S ALL HAVING TO DO WITH, UM, UH, HOUSEKEEPING.
SO FOR THE MOST PART, WE HAVE TO PUT A PROHIBIT, PROHIBIT USES IN INDUSTRIAL DISTRICTS.
UNFORTUNATELY, WE HAVE TO ALSO ADD ANOTHER SECTION IN HERE AS WE RAN ACROSS WHERE, UM, THERE IS NO SUCH THING IN THE OLD DOCUMENT AS AN INDUSTRIAL SECTION.
THERE'S AN INDUSTRIAL ONE AND INDUSTRIAL TWO, SO YOU CAN'T PUT A HEADING OVER BOTH.
SO WE'LL HAVE TO LIST IT IN BOTH ON THE OLD DOCUMENT.
SO IT'LL, IT'LL BE IN BOTH, UM, 1 75, 5 5 AND 1 75, 6 5.
WE'LL HAVE TO MENTION IT IN BOTH.
AND THE REST OF IT ALL HAS TO DO WITH RENUMBERING BECAUSE WE'RE BUMPING SOMETHING IN THERE IN ORDER TO FIT IN THE OLD DOCUMENT.
NOW I DON'T KNOW IF THE OLD DOCUMENT WOULD EVER GET UPDATED OR NOT, UM, BASED ON THIS SINCE THE NEW ONE'S COMING OUT.
BUT THAT'S WHAT THE REST OF THIS IS DEALING WITH.
NOW WE CAN GO BACK AND, UM, STOP HERE FOR JUST A SECOND FOR ANY QUESTIONS ABOUT WHAT I SAID, AND THEN WE CAN GO ON TO WHAT, UM, MEGAN HAS SUGGESTED AND WHY.
UM, DO WE HAVE INDUSTRIAL USE FACILITY TO FIND ANY IN THE DEFINITION OF WHAT IN INDUSTRIAL USE IS? YEAH.
UH, WE DID IN THE NEW DOCUMENT.
I HAD TO GO BACK AND LOOK AT THE OLD DOCUMENT I, WHAT WE DO IN THE NEW DOCUMENT.
UM, THE IMPORTANT THING HERE, LIKE WITH THIS DEFINITION, WHAT IS GOOD ABOUT THIS? WHAT WE LIKE IS THAT WE SAY INDUSTRIAL USE.
SO WE'RE CALLING OUT THE INDUSTRIAL AND THEN IN THE TECHNOLOGY BUSINESS, WHICH IS HONESTLY A VULNERABILITY RIGHT NOW, WE CALL THIS OUT AS A NON-DATA CENTER.
SO BY DOING THAT, THAT HOPEFULLY WILL PROTECT STAFF FROM SOMEBODY WHO MAKES A ZONING DETERMINATION REQUEST, RIGHT? RIGHT NOW AND SAYS, I WANNA APPLY FOR A BY RIGHT TECHNOLOGY THAT I THEN HAVE TO READ THIS AND DETERMINE AS ZONING ADMINISTRATOR, THIS DATA CENTER FALL INTO THIS CURRENT.
SO THE CONTROL IS NOT WITH COUNCIL AT THIS POINT, IT'S WITH STAFF, AND THEN IT WOULD GO TO THE BOARD ZONING FIELDS AND THEN
SO BY DISTINGUISHING THESE TWO, THAT'S WHERE THE PROTECTION COMES IN.
ANY OTHER, WE'LL GO INTO THE MORE COMMENTS.
UM, UM, WE'LL GET COUNTY TO BRING IT UP.
I ASK ANOTHER QUESTION JUST SURE.
UH, SO WITH THE TECHNOLOGY CHANGING ALL THE TIME, I'M NOT WELL VERSED IN THIS.
SO DO YOU THINK THIS DEFINITION IS ROOM FOR UNKNOWN CHANGES IN, IN THE WAY THEY MANAGE THEIR DATA? THAT'S AN EXTREMELY VAGUE QUESTION.
SO IF YOU DON'T MIND JUST KIND OF GOING WITH THE SPIRIT OF THAT QUESTION.
LIKE, IS THIS TOO SPECIFIC, I GUESS THE DATA CENTER TECHNOLOGY OF ALL
AND SO THERE IS A VARIANCE ALLOWED THAT WOULD ACCOUNT FOR CHANGES IN THE TECHNOLOGY, AT LEAST FOR THE TIME, JUST WITH THE GREAT EXTENT TO, LIKE I SAY, WHAT IT IS.
AND ALSO IN, IN THE DESCRIPTIONS, TRY TO FIND THOSE LOOPHOLES.
WERE DOING THINGS LIKE THE BITCOIN MINING AND SOME OF THE, UM, TRICKS THAT THEY CAN USE TO ONE OR TWO FLOORS OF ANOTHER BUILDING THAT'S LEASE THAT'S USED FOR BITCOIN MINING.
THIS, THIS WILL PROTECT US AGAINST THAT SORT OF THING.
AND, AND SO IS THERE, UM, PART OF WHAT YOU'RE ASKING IS THE IMPOSSIBLE.
IS THERE ANYTHING IN THE WORLD WE POSSIBLY COULD HAVE FORGOTTEN? SURE.
BUT IS THERE, IS THERE LIKE, IS THERE, HOW DO I SAY THAT? IS THERE A CUSHION BUILT IN THAT, EVEN THOUGH WE DON'T KNOW SPECIFICALLY, BUT WHAT, WHAT YOU WERE SAYING THOUGH MAKES SENSE.
OH, YOU DON'T HAVE TO READ EVERY CRITERIA.
CAREFUL, I BELIEVE THAT CUSHION, THERE'S QUITE A BIT OF CUSHIONING IN THERE.
SO THE ONE THROUGH FOUR UNDER THAT, IT ONLY HAS TO BE ONE, ONE MORE OF THOSE FOUR CATEGORIES.
IF YOU WANNA BREAK IT DOWN AS A CATEGORY.
REMEMBER TOO THAT THE INHERENT BEAUTY
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OF THIS PROCESS IS ALSO THAT THIS POINT HAS CHANGED.SO FIVE YEARS FROM NOW, IF TECHNOLOGY HAS EVOLVED TO THE POINT THAT, YOU KNOW, DATA CENTERS BEYOND THIS, OR WE CAN CHANGE THIS, IT IS NOT SET THEY 10 YEARS FROM NOW, WE MAY BE WELCOME IN THE BEFORE ALL MAY, THEY MAY HAVE EVOLVED IN SUCH A THING THAT WON'T BE A PROBLEM.
BUT THAT'S KNOW ME AGAIN, NUCLEAR REACTORS THE SIZE OF NOT TAKING ANY ELECTRICITY AT ALL.
YOU WERE PROPOSING PUTTING THIS FIRST PARAGRAPH.
SO THE IDEA HERE IS WITH WHAT YOU HAVE WAS TO BOLSTER IT FURTHER FROM WHAT I COULD FIND.
SO, UM, THIS WOULD HAVE A, A PURPOSE BEHIND IT.
SO IF IT WAS BEING CHALLENGED AND IT'S, WELL YOU GUYS HAVE NO VIABLE REASON TO DO THIS.
WELL HERE'S THE REASON YOU'RE GIVING THE INTENT.
AND, UH, YOU KNOW, LAYS IT OUT WITH A COUPLE PIECES FROM STATE CODE AS TO WHY WE CAN DO THIS.
UH, THEN ALSO TALKING ABOUT THAT DECEMBER, 2020, UH, 24 REPORT, UH, YOU KNOW, GOING THROUGH WHAT ARE THE EFFECTS AND IMPACTS OF THIS.
THE ONE PART THAT I'M NOT SURE IF WE CAN PUT IN A NOT IS WHAT'S GONNA BECOME EFFECTIVE IN JULY 1ST, 2027.
I MENTIONED THAT, YOU KNOW, THERE'S A CHAPTER, BUT IT'S SORT OF BLANK RIGHT NOW 'CAUSE WE DON'T HAVE IT YET.
UH, BUT IN THE ASSEMBLY AND MAKE IT SO THAT TOWNS OR THAT LOCALITIES CAN RESTRICT THAT CENTERS TO ONLY INDUSTRIAL AREAS.
AND IF THAT'S THE CASE, THEN IT MAKES IT SO THAT WHEN WE BAN IT IN AN INDUSTRIAL AREA, THEY CAN'T COME BACK AND SAY, WELL, YOU SHOULD BE ALLOWING IT ELSEWHERE.
WE CAN, WE CAN LIMIT THEM TO INDUSTRIAL AREAS.
UM, THIS WOULD JUST BE A FURTHER CITATION WITHIN STATE, UH, SO TO ALLOW FOR THAT.
SO THAT MAY BE SOMETHING THAT'S BEST LEFT AS AN UPDATE LATER ON.
UM, AND IF, AND ONCE THAT ALSO GOES INTO PLAY, THEN IT WOULD, WE CAN VERY PROPERLY, EASILY SAY THAT IT'S CONSISTENT THEN WITH THE TOWN'S COMPREHENSIVE PLAN TO NOT INCLUDE THE SEARCH, PROHIBIT HIM RATHER, UM, A LITTLE BIT FURTHER DOWN AND THE, JUST FOR A SECOND TO GO ON.
UM, I CAN TELL YOU WHAT RIGHT OFF THE TOP, WHAT THOUGHT ABOUT THIS SORT OF THING MM-HMM
BUT, BUT WE'RE NOT WRITING AN A NEW ORDINANCE.
WE'RE UPDATING THE EXISTING TEXT.
SO WE'D HAVE TO FIGURE A PLACE TO PUT SOMETHING LIKE THIS.
UM, I KIND OF SAW THE FIRST PART OF THIS IS WHAT THE TOWN COUNCIL AND PEOPLE WOULD NEED TO DO LATER ON IF IT WAS CHALLENGED THAT THEY WOULD, UM, IT'S NOT, WOULDN'T BE PART OF THE ORDINANCE, BUT IT ABSOLUTELY IS NECESSARY TO HAVE ALL THAT HOMEWORK DONE IN CASE WE ARE CHALLENGED.
AND, UM, SO I GUESS I AGREE WITH THAT.
SO I DON'T THINK THIS BELONGS IN HERE.
I DON'T THINK, I DON'T THINK IT BELONGS IN THE ZONING ORDINANCE.
I, THAT'S WHAT I, I HAVE THE, BUT ABSOLUTELY THIS WORK AND MORE NEEDS TO BE DONE IF IT GETS CHALLENGED AND, UM, I'LL I'LL SAY THE TOWN COUNT, THE TOWN, THEY NEED TO BE PREPARED IN CASE CHALLENGED.
SO THEY ALL HAVE, THEY'RE SINGING ON THE SAME TUNE.
AT LEAST THAT'S A SO I I WOULD THIS NOT JUST BE A MEMO TO LET COMPANY THE WELL, AND IT COULD BE PART OF A MOTION, A VERY LONG MOTION, VERY LONG MOTION THAT THEY THEY WOULD DO, BUT THAT WOULD BE, WELL THIS BODY, WE COULD DO, IT COULD BE IN A PROPOSED MOTION.
UH, SO THE TASK IS TO DRAFT YEAH.
THAT DOESN'T MEAN THAT DOESN'T MEAN YOU'VE BEEN TOLD HOW TO VOTE.
SO THERE'LL, THERE WILL BE MOTIONS THAT GIVE COMMISSION MEMBERS FREEDOM TO, TO, UH, AGREE WITH THE PROPOSED OR, OR NOT.
YOU LITERALLY COULD DO ALL THE WORK AND VOTE AGAINST IT.
THERE'S NO MANDATE PART OF THIS.
WHERE YOU HAVE TO VOTE A CERTAIN WAY.
UM, THAT'S, I'M JUST MAKING THAT CLEAR.
SO I WOULD, AND PLUS, YOU KNOW, THERE'S A PUBLIC HEARING YEAH.
SO IT CAN'T BE A MANDATE AS TO HOW TO VOTE.
AND I, AND JUST TO BE CLEAR, I APOLOGIZE IF IT CAME ACROSS THIS WAY AT ALL.
MY INTENTION WITH THIS WAS NOT TO SAY PEOPLE MUST BE VOTING A CERTAIN WAY.
IT'S WITH THE INSTRUCTION YOU WERE GIVEN HERE IS, YOU KNOW, THE PURPOSE AND INTENT AS I SAW IT.
I WASN'T SURE WHERE IT MIGHT GO, BUT, UM, IN NO WAY WHATSOEVER.
WAS I TRYING TO SAY THAT PEOPLE HAVE TO GO ONE WAY.
I WASN'T TYING MY COMMENTS TO NO, HE HE WASN'T THAT INCIDENT.
THIS IS THE WHY, RIGHT? IT'S, THIS IS THE WHY.
SO I, I DON'T THINK WE NEED, WE'RE GONNA PUT THIS SECTION IN, BUT IT NEEDS TO BE RETAINED.
[00:25:01]
STAFF TO HAVE A MOTION WITH THIS LANGUAGE IN THERE? 'CAUSE WE'RE GONNA GIVE YOU MULTIPLE MOTIONS.COUNSEL'S NOT MANDATING THAT YOU HAVE TO RECOMMEND APPROVAL.
THEY'RE JUST SAYING THEY WANT YOU TO TAKE THE I DON'T WANT THIS.
I, I COULD BE, I THINK THERE'S PARTS OF THIS THAT MAY BE PUT INTO A MOTION.
I DON'T THINK NECESSARILY THE ENTIRE THING DOES, BUT IF WE COULD ATTACH IT AS A MEMO, UH, WHEN WHATEVER WE SEND TO COUNSEL GOES THERE, COULD IT BE PART OF THE PACKAGE WE EVENTUALLY SEND TO THEM AS OPPOSED PART OF THE MOTION? WE CAN SEND YOU MULTIPLE MOTIONS TOO.
AND I MEAN, I DON'T LOVE IT IF Y'ALL AD LIB MOTIONS WHEN YOU'RE ON
WE BUILD, BUILD A CASE, WE SEND A SUPPORTING DOCUMENTATION WITH IT.
IS THAT, IS THAT OKAY? IT WOULD BE AN APPROVED STATEMENT OF THIS BODY YEAH.
SO WHAT WE WILL TAKE OUT THAT ONE SECTION HERE ABOUT IT HASN'T GONE INTO EFFECT YET.
THAT, THAT MAKES SENSE TO, TO DELETE THE EFFECTIVE HERE.
I'LL JUST DELETE THAT OFF OF THIS HERE.
UM, UM, ACTUALLY SORRY, WHAT WE, COULD WE JUST DELETE THIS? OH, WRONG KEYBOARD PLEASE.
I WAS LIKE, WHY DIDN'T IT WORK? UM, JUST THAT PORTION THAT REFERENCES 2027.
UH, AND OTHERWISE, IS THAT, DO WE WANT TO NOW, IF, IF WE'RE GONNA HAVE THIS AS SUPPORTING THE PACKAGE, IS THERE ANYTHING WHAT I'M, I'M SCARED OF AT THIS POINT FOR THIS MOTION.
I, I BELIEVE, UM, FOR THAT DEFENSE I WAS TALKING ABOUT, THIS WOULD HAVE TO BE VERY WELL RESEARCHED.
YOU HAVE TO EXCUSE MY BACKGROUND, VERY WELL RESEARCHED DETAIL IN THAT DEFENSE.
UH, AND, AND THAT'S, THAT'S WHY I'M A LITTLE AFRAID OF WITH, UM, A SHORTENED VERSION.
BUT I, I'LL GO WITH WHAT THE BODY THINKS I'M INCLINED TOWARDS ISN'T, THIS WOULD JUST BE A SUPPORTING MEMO FOR THIS INITIAL MOVE.
UM, I MEAN, CORRECT ME IF I'M WRONG, BUT COUNSEL COULD ALSO ADD SUPPORTING DOCUMENTATION THEMSELVES IF THEY WANTED TO.
I CERTAINLY HOPE THEY WOULD
BECAUSE AGAIN, THERE'S NO MANDATE ON HOW YOU VOTE.
SO THE IDEA THAT THIS WOULD BE SOME KIND OF AN AGREED STATEMENT SEPARATE FROM A MOTION.
YOU'RE, YOU'RE, YOU'RE, YOU'RE, YOU'RE DECIDING THE CASE.
THE MOTION RELATES SPECIFICALLY TO THE ORDINANCE, AND IF THIS WAS PART OF IT, THEN IT'D BE IN THAT WAY CONSIDERED WHEN A STATEMENT OF THIS BODY OH, I SEE.
BUT THERE WILL BE AN ALTERNATIVE MOTION WHERE HERE'S OUR WORK PRODUCT, BUT WE DON'T LIKE IT.
YOU ALSO HAVE TO REMEMBER TO THE LAST YEAR, AGAIN, THERE'S NO MANDATE ON HOW THIS BODY VOTES.
JUST TALKING THIS PARAGRAPH ALONE.
UH, JUST THAT MOTION, IS THAT WHAT YOU'RE SAYING? OR THE WHOLE THING? IF A MAJORITY OF THE BODY AGREES WITH THAT LANGUAGE, IT WOULD, IT WOULD BE PART OF A MOTION.
JUST FOR THE ONE PARAGRAPH? NO, I THINK IT WOULD BE BLENDED INTO, UH, RECOMMENDATION OF APPROVAL.
I THOUGHT YOU, I THOUGHT IT WAS GONNA BE TWO MOTIONS AND A RECOMMEND.
WELL, THEN THERE WOULD BE ANOTHER ONE.
RECOMMEND NOT, YOU KNOW, TO NOT RECOMMEND.
WELL, I WAS REFERRING TO VOTE AGAINST RECOMMENDING APPROVAL.
WHAT I WAS GETTING AT IS HAVE A MOTION TO JUST RECOMMEND GIVING THIS LANGUAGE THE FIRST SET PARAGRAPH, THEN HAVE A MOTION RECOMMENDING THE REST OF THE, THAT THAT'S WHERE IT'S GETTING AT.
THAT'S, I'M NOT, THIS IS MESSY.
WE DON'T HAVE, UM, DOESN'T THE LANGUAGE BASICALLY SAY IT'S NO DATA CENTERS EFFECTIVELY? AND YES.
SO IT WOULD BE A MORE VERBOSE VERSION OF WHAT WE DO CURRENTLY, YOU KNOW, FOR THE SAFETY,
[00:30:01]
HEALTH AND WELFARE OF THE TOWN, ET CETERA, ET CETERA.THIS WOULD BE A MORE VERBOSE VERSION OF THAT.
UH, BUT I DON'T KNOW IF IN THE CASE OF DATA CENTERS THAT VERBOSE IS NECESSARILY BAD GIVEN HOW MUCH IS COMING INTO PLAY AND WHAT CAN POTENTIALLY COME INTO PLAY DOWN THE LINE.
I MEAN, I'M NOT MARRIED TO THIS, IT WAS JUST AN IDEA.
DOES THIS PROTECT THE TOWN ANYMORE? WELL, THE TOWN HAS TO BE OWN BECAUSE THIS, THIS WAS GENERATED IN RESPONSE TO PAST COUNCIL.
AND SO IT'S A, AND IT'S BACK TO JUST THE ACCOUNT.
WE'RE CIR CIRCLING AROUND HERE IN THE DISCUSSION.
UM, IF IT, IF IT'S NOT A PIECE OF SUPPORTING DOCUMENT, I DON'T SEE, I DON'T THINK IT SHOULD BE PART OF THIS TEXT AMENDMENT.
I DON'T THINK IT SHOULD BE PART OF A ZONING TEXT AMENDMENT AND I, SO THERE, AND I DON'T THINK IT'S PART OF THE, OR OF A MOTION BECAUSE I THINK THIS IS THE WORK THAT THE, UM, TOWN COUNCIL WOULD HAVE TO DO TO SUPPORT THE AGREEMENT TO THE TEXT AMENDMENT.
WELL, I MEAN, I THINK WITH THAT, IT DEPENDS ON THE MOTION.
I MEAN, IF YOU GUYS TRULY BELIEVE THAT THIS IS THE BEST ROUTE FOR THE COMMUNITY AND YOU SUPPORT IT, THEN YOU COULD HAVE THIS IN YOUR MOTION.
BUT IF YOU DON'T BELIEVE THAT THIS IS THE BEST ROUTE DESCRIPTION, SO WHATEVER THIS BODY THINKS IS THE BEST WAY, THEN THAT'S, WE COULD INVERT MOTION.
I THINK THE MOTION RECOMMENDING APPROVAL OF THE TEXT AMENDMENTS COULD HAVE THIS STATEMENT APPENDED SOMEHOW.
HOW WOULD THAT, FIRST OF ALL, LET ME NOTE, YOU KNOW, THE OBVIOUS, WHICH IS THIS ORDINANCE IS ADOPTED, RIGHT? SO THIS BODY DOESN'T DO THAT.
I SHOULD HAVE WROTE WOULD BE
BUT EVERYTHING WE DO IS INHERENT IN 15.5.
THAT'S OUR, I THINK, I THINK WE'RE JUST, WE'RE JUST PARROTING WHAT WE WERE TOLD TO DO HERE, AND WE'RE CON WE COULD END, END UP MAKING MOTIONS THAT SOMEONE CAN'T AGREE WITH JUST BASED ON THIS AS OPPOSED TO THE REST OF, OF THE TEXT.
WELL, I WAS GONNA SAY, THIS KIND OF PRESENT A THIRD, IT MAKES DOESN'T MEAN WE'RE HAVING, WELL, FOUR EVEN MAYBE GO, SO, OKAY.
I, I WOULD REQUEST WE DON'T, DON'T ADD IT INTO MOTION.
WELL, WE ALSO HAVE ANOTHER WORK SESSION ON THIS TOO.
WE CAN ALWAYS KIND OF JUST STOP WITH THIS PART, KEEP TALKING ABOUT THE REST, REST OF IT, AND THEN COME BACK TO THIS AT THE NEXT ONE.
BECAUSE I DON'T KNOW THAT WE'RE GETTING ANYWHERE.
GO HOLD ON JUST A LITTLE BIT FARTHER.
I, I, I KNOW THIS NEAR AND DEAR TO ALL OUR HEARTS AND EVERYTHING, BUT WHAT, WHAT DOES THE REST OF THE GROUP THINK? SHOULD WE, WE'LL KIND OF GO ABOUT THIS.
IT'S A GREAT IDEA AND I AGREE WITH YOU, BUT THEN HEARING THE REASONS WHY IT SHOULD BE OMITTED, I AGREE WITH THAT.
YEAH, I THINK THAT THAT NEEDS TO BE MENTIONED SOMEWHERE.
THE STATEMENT OF INTENT SHOULD BE SOMEWHERE, BUT NOT IN THE ZONING MARKETS.
YEAH, I WOULD, I MEAN, I COMPLETELY AGREE.
THERE SEEMS TO BE SOME, WHICH IS I THINK GREAT TO JUST PONDER AND THINK ABOUT IT.
THERE, IT FEELS LIKE THIS STATEMENT OF INTENT, I DON'T KNOW THIS, IT GIVES IT A CERTAIN GRAVITY, RIGHT.
THAT WE DON'T FREQUENTLY DO THIS WITH, WITH DEFINITIONS OR OTHER THINGS.
AND THERE'S SOMETHING ABOUT IT THAT APPEALS TO ME.
BUT REMEMBER THIS IS ZONING TEXT AMENDMENT, NOT, NOT FOR INCLUSION IN THE ORDINANCE.
BUT FOR IN A WAY OF BEING ABLE TO BUNDLE IT WITH, WITH, YOU KNOW, THE PUBLIC HEARING, BE IT AN EMOTION.
I, I, I WOULD LIKE TO SPEND MORE TIME LOOKING AT IT AND THINKING ABOUT IMPLICATIONS, BUT YEAH, WE HAVE TO, YOU'RE ALREADY, YOU ARE ALREADY WALKING A LINE HERE.
WELL, I THINK, I THINK IF YOU, IF YOU THINK IT ON THE SIMPLICITY PART OF, YOU KNOW, ZONING IS LAW, RIGHT? RIGHT.
SO ZONING AND LAW, WAITING TO ENFORCE THE ZONING LAW IS TO DEFINE WHATEVER YOU'RE DOING.
NOT WITH AN INTENTION OF THE LAW.
SO JUST LIKE THE, THE SPEED LIMIT IS POSTED AT 25 MM-HMM
PEOPLE KNOW THE SPEED LIMIT'S 25.
THAT'S, THAT'S THE FASTEST YOU CAN GO ON THAT STREET.
YOU DON'T HAVE TO HAVE THE INTENTION TENSION THAT YOU CAN GO FASTER IF YOU'RE IN AN EMERGENCY OR ANYTHING LIKE THAT.
SO THAT'S HOW YOU ENFORCE ZONING LAW IS BY THE DEFINITION.
NOT WITH NO, AND NOT, I I COMPLETELY AGREE.
SO WITHIN THE BODY, THE BEST WAY TO DEFINE,
[00:35:01]
TO DEFEND SOMETHING IS TO DEFINE IT.AND WE, SO IF YOU HAVE A GOOD DEFINITION, YES.
YOU CAN DEFINE IT WAS NOT OKAY.
THINKING THAT THIS IS GOOD TO INCLUDE IN THE ORDINANCE AT ALL.
YEAH, THAT WAS, NO, I CAN I CONCUR WITH THAT? DOES THAT HELP? YEAH, COMPLETELY.
BUT JUST THE THOUGHT OF INCLUDING IT IN A MOTION, IN, IN THE, UH, MOTION.
HOW WOULD YOU WRITE THE MOTION? YEAH.
THAT I CAN'T, I DON'T, THAT'S WHY I CAN'T, I CAN'T COME UP WITH A WAY TO PUT THIS IN A MOTION IS WHAT I'M, BUT THAT WOULD, THAT WOULD MAKE SENSE.
I THINK THAT'S SOMETHING THAT MIGHT TAKE A LITTLE BIT OF TIME AFTER WE GET YEAH.
I MEAN, I CAN REWORK THIS INTO A POTENTIAL MOTION FOR OUR NEXT WORK SESSION AND THEN JUST SEE WHAT WE THINK AND YAY OR NAY.
AND LIKE I SAID, I'M NOT MARRIED TO THIS.
UH, BUT I CAN, I CAN, OH, LET ME WORKSHOP IT AND, UH, WE'LL CIRCLE BACK BECAUSE THIS WOULD BE, IF YOUR MOTION IS PLANNING COMMISSION RECOMMENDS APPROVAL OF THIS TEXT MM-HMM
PURSUANT TO VIRGINIA CODE, BLAH, BLAH, BLAH.
BECAUSE OF THE PERCEPTION THAT DATA CENTERS ARE, OR THAT DATA CENTERS DO IMPOSE DISTINCTIVE, THAT'S WHEN THIS COMES INTO PLAY.
UM, WHAT, WHAT, SO THIS IS, YEAH.
SO, YOU KNOW, THERE'S, THERE'S DISCUSSION PERIOD WHEN EMOTION'S ON THE FLOOR MM-HMM
EACH COMMISSIONER MAY HAVE A DIFFERENT POINT OF VIEW THAT TO BE ARTICULATED, RIGHT? YEAH.
NOW, HERE YOU'RE TRYING TO, YOU'RE TRYING TO COME HAVE ALL YES, VOTERS ON A RECOMMENDATION FOR APPROVAL TO ADOPT THE SAME LANGUAGE, WHICH IS OKAY, AS LONG AS THE RECORD'S CLEAR.
BUT THAT, THAT'S WHAT I, HOW I SEE THIS, THIS IS THE RATIONALE FOR YOUR ACTION.
WELL, IT, IT'S THE RATIONALE, BUT IT ALSO FEELS LIKE THAT DOES TIE IN A BIT WITH WHAT THE VICE MAYOR WAS SAYING AND WHAT SHE WAS RETURNING IT BACK TO US FOR, WHICH WAS, UH, WHICH WAS, I MEAN, HER WHOLE NOTION ABOUT WHAT SHE WAS SAYING, THAT SHE DOESN'T WANT DATA CENTERS HERE, LIKE IT DOESN'T, DOESN'T FIT WITH, WITH THE, WITH THE TOWN, YOU KNOW, COMPREHENSIVE PLAN.
AND THERE WAS A LOT OF THINGS THAT SHE SAID, BUT, BUT SHE RETURNED IT BACK TO US TO KIND OF RELE IT AGAIN.
RE-LOOK AT IT, COME UP WITH A DEFINITION, AND THEN PROHIBIT IT IN ALL PLACES.
SO THERE IS A CERTAIN WAY IN WHICH THIS ATTEMPT SEEMS TO SPEAK TO WHAT SHE WAS ASKING US TO DO.
NOW, WHETHER WE AGREE WITH IT OR NOT IS A DIFFERENT STORY.
WHAT YOU HAVE TO LOOK AT IS THE MOTION.
SO, LIKE I SAID, JUST GIMME A CHANCE.
AND, AND MAYBE IF LOOK AT THE MOTION A LITTLE BIT PERHAPS, AND, YOU KNOW, WE CAN DISCUSS THAT AS AN IDEA.
AND IF WE WANNA HAVE IT AS A POSSIBLE MOTION OUT THERE, OR I JUST WANNA MAKE SURE WE DON'T END UP WITH MOTIONS WHERE SOME SUBTLETY MAKE SOMEONE VOTE AGAINST IT OR FOR, BASED ON A SUBTLE, IT'S ALSO JUST BASICALLY DIVISIVE IS GIVING ME PAUSE.
BECAUSE I MEAN, YOU'RE STATING EMPHA DATA CENTERS POSE DISTINCTIVE AND SUBSTANTIAL DEMANDS ON ELECTRICAL GENERATION, WHICH THEY DO IN TRANSMISSION CAPACITY, PUBLIC, PRIVATE WATER SUPPLY GENERATE, YOU KNOW, CONTINUOUS LOW FREQUENCY NOISE.
BUT YOU LITERALLY WROTE AN ORDINANCE MITIGATING THAT, AND THEN YOU RECOMMENDED APPROVAL.
NOW I GET THAT THEY SENT IT BACK, BUT NOW YOU'RE COMING BACK AND SAYING, SAYING DATA CENTERS DO ALL OF THESE THINGS.
AND THEY MAY NOT, ONCE YOU GET INTO, LET, LET'S JUST CIRCLE BACK TO LET'S SAY, UH, INVESTIGATION.
EACH ONE OF THOSE STATEMENTS HAS THAT SUPPORTING DATA WITH IT.
BUT WHY? I DON'T WANT YOU TO GET THE, LIKE, DOES THIS LOCK US IN TO, BUT SO WHAT YOU'RE SAYING IS, IF MAKES THIS, WELL, IF OUR PERFORMANCE STANDARDS ARE IN PLACE, THEN ARE THESE THINGS TRUE? YOU'RE, YOU'RE IN A DIFFERENT PATH.
PERFORMANCE, PERFORMANCE SANDS ARE, WAS WITH THE SPECIAL USE PERMIT.
THAT WAS YOUR INITIAL DRAFT ORDINANCE.
THERE IS NO, LIKE, THERE IS NO PERFORMANCE STANDARDS.
THIS DOESN'T GIVE YOU AS MUCH.
I KNOW IT'S COUNTERINTUITIVE PERFORMANCE STANDARD THAT BASICALLY YOU'RE, YOU'RE DEFINING THE USE, RIGHT? SO WELL, YOU'RE DEFINING THE USE BY DEFINITION THEN WITHIN THE BODY OF THE I TWO OR THE INDUSTRIAL DISTRICT, YOU'RE LISTING THAT USE UNDER A SECTION THAT IS PROHIBITED.
YOU DEFINE A USE WHAT, UH, DISTRICT'S, IT'S PROHIBITED IN THE INDUSTRIAL DISTRICTS, AND YOU LIST THAT AS A PROHIBITED USE.
[00:40:01]
DO JUST THAT AND SAY PROHIBITED USE, WHY DO WE NEED TO GIVE ALL THE LANGUAGE DON'T OF INTENTION? YOU DON'T.SO YOU JUST DEFINE IT, ADVANCE THE BALL.
IT, IT SEEMS LIKE IT, IT INVITES A SIDETRACK.
WELL, LIKE I SAY, I THINK NOW WE'VE REACHED POINT, I, WE, WE CERTAINLY AREN'T QUITE AT A CONSENSUS HERE.
WHAT, WHAT, WHAT TO DO ON, ON THIS PARAGRAPH, UM, ADDED I REALLY, YEAH, BECAUSE I, I THINK, I THINK IT'S, WE SHOULD NOT INCLUDE IT RIGHT AT ALL.
AND I THINK THAT'S, THAT IS AGREEMENT ON THAT AS IT STANDS FROM WHAT I HEAR FROM EVERYBODY HAS NO PLACE IN THE ORDINANCE AND THEREFORE, AND, AND, AND EVEN IN, IN THE MOTION, IT'S A, UM, A IT'S PROBLEMATIC OF COMING UP WITH SAID, BUT YOU MAKE STAFF NERVOUS.
YOU DON'T KNOW WHAT YOU WANT, BUT WHAT, UM, YOU GUYS CAN DO WHAT YOU WANT.
WELL, I KNOW IN THERE, I JUST, NO, NO, I'LL GO.
NOW, I, I, I BELIEVE, I THINK THAT'S NOT OUR JOB.
THAT PARAGRAPH IS NOT OUR JOB.
SO WHEN IT COMES TO THE, UH, DEFINITIONS, THIS IS PRIMARILY WHAT YOU HAVE PREVIOUSLY PUT TOGETHER MM-HMM
SO, UH, THIS SECTION HERE, IN NO EVENT SHALL SERVER COMPUTING OR DATA PROCESSING INFRASTRUCTURE WITH
SO IT SPECIFIES A USAGE, UH, IN TERMS OF THE ENERGY, WHICH RELATES BACK TO THE ACTUAL, UH, WELL THE, THE SUGGESTED REASONINGS AS TO WHY THIS WOULD BE IN PLACE.
IT ALSO, WHAT I SAW WHEN I WAS LOOKING AT CRYPTOCURRENCY, MINING, BLOCKCHAIN TRANSACTIONS, THOSE WERE SPECIFICS.
AND, UH, YOU HAD MENTIONED, YOU KNOW, WHETHER OPERATOR CHARACTER CHARACTERIZES SUBJECTIVITY AS MANUFACTURING, INDUSTRIAL, SO ON AND SO FORTH.
BUT THIS FLIPS IT AND MAKES IT JUST NO.
ANYTHING THAT'S GONNA INCLUDE THIS THAT HAS, THIS IS, YOU CANNOT CONSIDER IT INCIDENTAL, UH, TO A USE, BUT THEN CONTINUES WITH ANY OF THE FAC, ANY FACILITY THAT MEETS ONE OR MORE OF THE THRESHOLD STEP BELOW SHALL BE CLASSIFIED AS A DATA CENTER REGARDLESS OF HOW ITS OPERATOR CHARACTERIZES ITS BUSINESS.
AND SO IT THEN, UH, AGAIN, WHEN WE'RE LOOKING AT THIS VERSUS LIKE A TECHNOLOGY BUSINESS OR ANYTHING ELSE WITH THESE LOOPHOLES, I FEEL LIKE HAVING THIS PARAGRAPH THERE INSTEAD OF THE CRYPTOCURRENCY ONE, UH, CLOSES THAT OUT.
AND THAT THE CLASSIFICATION AS A DATA CENTER SHALL BE DETERMINED BY THE PHYSICAL USE AND OPERATIONAL CHARACTERISTICS OF THE FACILITY, NOT BY THE CORPORATE DESCRIPTION, BUSINESS MODEL OR SELF DESIGNATION OF THE APPLICANT OR OPERATOR.
SO WE DECIDE WHAT, THIS IS NOT WHOEVER'S COMING HERE.
I JUST FEEL LIKE IT TAKES WHAT YOU HAD WRITTEN AND THEN BOLSTERS IT A BIT MORE.
I, THE ONLY THING, LET'S SEE IT.
I WOULD LIKE TO KEEP THE WORDS CRYPTOCURRENCY, MINING AND BLOCKCHAIN TRANSACTION VALIDATION IN THERE POSSIBLE.
THEY'RE, THEY'RE IN THE PREVIOUS, THE RIGHT PLACE.
SO THAT WAS, AND THAT WAS IN YOUR ORIGINAL AS WELL.
UM, RIGHT UP HERE, UH, INFERENCE, HBC CRYPTO CODE BLOCKCHAIN VALIDATION.
YEAH, I'M, I'M GOOD WITH THAT.
UM, THE, DO YOU MIND IF I JUST ASK? YEAH.
UH, SO IN THE FIRST, IN THE, IN THE WORKING DRAFT THAT WE HAD IN THE PACKET, THAT FIRST PARAGRAPH REFERENCES, UM, CRYPTOCURRENCY AND DATA MINING, BLOCKCHAIN VALIDATION.
AND THEN ALAN, THERE'S ANOTHER PARAGRAPH WHERE THAT'S, I DON'T, I DON'T WANNA SAY NECESSARILY RESTATE IT AGAIN.
ANY FACILITY, BUT, BUT WHY, WHY DID YOU CALL IT OUT? I, YOU KNOW, IN A SEPARATE PARAGRAPH, IT LOOKS LIKE IT'S A LITTLE BIT REPETITIVE.
I KNOW IT'S NOT, BUT JUST ON THE FLY A LITTLE BIT.
WELL, THE, THE IDEA WAS, UM, THIS, THIS WAS, I'M TRYING TO CLOSE LOOPHOLES, WAS THE THOUGHT PROCESS OF IT
[00:45:01]
WHEN SOMEONE WERE TO CALL OUT, BECAUSE CRYPTOCURRENCY, BLOCKCHAIN TRANSACTIONS, THEY ARE THEIR OWN ENTITY AS THE, AS OPPOSED TO A DATA CENTERLIKE FUNCTION.SO PART OF IT IS TO, UM, IT IT TO IDENTIFY THEM SEPARATELY, UM, AS THE PROCESSING OF HOSTING USE.
AND, AND, AND YOU TOOK THAT OUT, RIGHT, MEGAN? RIGHT, BECAUSE INSTEAD OF HAVING THIS EXTRA PARAGRAPH OF SPECIFICS, UH, THEN NOT BROADEN, BUT JUST REITERATE THERE THAT THAT, UM, IF YOU'RE GOING TO HAVE THAT CRITICALIZED, HE LOAD OF 500 KILOWATTS OR MORE, OR ANYTHING ELSE THAT'S GONNA BE LISTED BELOW, IT IS NOT AN INCIDENTAL OR SUBORDINATE USE.
AND THEREFORE YOU CAN'T SAY, NO, THIS IS A PUPPY SHELTER.
DON'T WORRY ABOUT SOME OF THE BASEMENT.
AND, BUT PART OF THE ORIGINAL WAS, IT'S STILL THE DEFINITION OF A DATA CENTER, BUT A CRYPTO CURRENCY IS THE INDEED A DATA CENTER.
YOU KNOW, BLOCKCHAIN AND ALL THAT.
IT ACTUALLY IS A DATA CENTER FOR CONSIDERATION.
BUT I THINK YOU'RE, I SEE WHAT YOU'RE YEAH, YOU, YOU'RE, THE WAY YOU DESCRIBED ON THERE WOULD COVER THAT AS I BELIEVE.
ALRIGHT, SO, UH, THE NEXT PORTION HERE, UH, WAS PRIMARILY A STYLISTIC CHOICE, BUT A FACILITY PORTION, THERE SHOULD BE CLASSIFIED, CAN USE ONE OR MORE OF THE FOLLOWING SUBJECT TO EXPRESSED EXCLUSION SET FORTH BELOW.
SO, UH, PART OF THE IDEA HERE, THE ORIGINAL TEXT, IT SAID, UM, I THINK IT'S ONE OR MORE OF THE FOLLOWING OPERATIONAL OR STRUCTURAL THRESHOLDS IN SUPPORT OF A PRIMARY DATA PROCESS SETTING, DATA PROCESSING OR HOSTING USE BY SWITCHING THAT TO SUBJECT TO THE EXPRESS EXCLUSIONS, THEN IT MAKES THE PART BELOW SAY, OKAY, THIS IS WHAT IT IS NOT AS OPPOSED TO ALLOWING FOR SOMEONE TO SAY, WELL, THIS IS JUST IN SUPPORT OF X THING.
IT'S, IT KIND OF REMOVES THAT.
I, I FELT LIKE THAT LANGUAGE IS A LITTLE VAGUE IN TERMS OF, I, I GUESS JUST IT'S DEFENSIBILITY MINOR CHANGE, BUT I THOUGHT IT WAS USEFUL.
WHAT DO YOU GUYS THINK?
SO, SO IF, HERE, LEMME PULL BACK OVER TO THE ORIGINAL.
UM, AND, AND SO THIS IS SAYING IF IT MEETS ONE OF THESE IN SUPPORT OF PRIMARY DATA PROCESSING OR HOSTING, UM, WITH HAVING IT SAY THAT IT ALLOWS FOR I THINK, A LITTLE BIT OF, UH, POTENTIAL WIGGLE ROOM AS OPPOSED TO HAVING IT SAY IT'S GOING.
IF IT IS THESE THINGS POINT BLANK EXCEPT FOR THE THINGS THAT WE SAY SPECIFICALLY ARE NOT THIS, UH, IT IS WHAT YOU WERE SAYING EARLIER ABOUT YOU DEFINING IT AND THEN ALSO SAYING WHAT IT'S NOT MM-HMM
AND THIS WAS JUST A SWITCH OF LANGUAGE.
SO LIKE I SAID INITIALLY, THIS IS SOMEWHAT STYLISTIC, UH, BUT I JUST THOUGHT THAT IT HELPED MAKE IT CLEAR AS TO WHERE THE NOS ARE VERSUS THE YES.
SO IS THE BASIC DEFINITION A, A CRITICAL IT LOAD OF 500 KILOWATTS? IS THAT THE
UM, AND THAT IS, SO IT A PUPPY SHELTER AS A, IF, UH, A CRITICAL IT LOAD OF 500 KILOWATTS, THEN IT'S, IT WOULD BE, THAT WOULD MEET ONE OF THE, YOU HAVE, YOU HAVE TO READ, YOU HAVE, BUT YOU HAVE TO READ THE EXCLUSION AT THE BOTTOM OF IT.
YOU HAVE TO TAKE THE WHOLE THING IN CONTEXT, WHICH WHEN YOU GET DOWN TO THE, THE PARAGRAPH BELOW, NUMBER FOUR STARTS TALKING ABOUT THOSE THINGS THAT ARE NOT, YOU MEAN NUMBER FOUR OR BELOW NUMBER FOUR, BELOW NUMBER FOUR THRESHOLD SET FORTH ABOVE WHERE IT SAYS COMMERCIAL OR INDUSTRIAL FACILITIES.
YOU ADVANCED AUTOMATION, POWER INFRASTRUCTURE.
SO, UM, GOING BACK, I, I, I PREFER THE ORIGINAL, BUT I, I'LL GO WITH, I'LL GO WITH WHAT THE, THE GROUP SAYS.
[00:50:02]
YEAH.I THINK THIS WAY IT IS EASIER TO FOLLOW.
UM, FOR THE SAKE OF CONSISTENCY, WHICH DOCUMENT USE, I'M SORRY.
UH, WHEN IT COMES TO, WHICH 1:00 AM I EDITING? OH, UM, WOULD WE JUST TRACK CHANGES AND EDIT YOURS? I, I, YEAH.
WHY DON'T WE DO THAT IF THAT'S OKAY.
I JUST, I REALIZED JUST NOW THAT WE HAVEN'T BEEN, UH, DOING THAT YET AND BE GOOD.
GET TO THE END OF IT AND GO WAIT A SECOND.
NUMBER ONE, I LEFT ENTIRELY AS IT STANDS.
COULD YOU SCROLL BACK UP PLEASE? SURE.
UH, IS THIS YOUR DOCUMENT DOCUMENT OR HIS, THIS IS HIS DOCUMENT I'M MODIFYING.
I I'M JUST, SO WHERE'D THE RATE COME FROM MR. SONNET? THAT WAS THE ADDITION THAT HAD BEEN FROM MY, IT, IT, IT SEEMS A LITTLE CONFUSING TO ME THERE, THAT WHERE YOU HAVE YOUR CURSOR AT MM-HMM
THE REASONING, WE'RE ADDING THAT WORDING AGAIN.
'CAUSE WE MENTIONED THAT BEFORE WHEN IT'S ALREADY IN THE TOP PARAGRAPH.
IT SEEMS LIKE WHEN WE GET TO THAT, WE'RE USING THAT WHERE IT HAS MEETS ONE OR MORE OF THOSE THRESHOLDS MM-HMM
SO IT SEEMS LIKE TO ME WHEN YOU READ THAT, IT ALMOST SAYS THOUGH, THAT CATEGORY WOULD MEET ONE OF THE THRESHOLDS LISTED BELOW.
SO YOU'RE SAYING THAT IT, COULD YOU REPEAT THAT? I'M SORRY.
SO WHEN YOU GET TO THE CRYPTOCURRENCY MINING, WE ALSO, YOU ALSO LIST THAT UP ABOVE.
SO CRYPTO THAT'S ALL STRUCK, THAT'S ALL STRUCK.
THAT ORIGINAL THAT'S COMING OUT.
THAT, THAT THE ONE ABOVE IS REPLACING THAT PARAGRAPH.
THAT'S WHAT HAPPENS WHEN YOU'RE COLORBLIND.
THAT PARAGRAPH SCRIPT, SIR, ALL OF THIS IS GOING AWAY.
HOW ABOUT THOSE COLOR BLIND GLASSES? YEAH.
SO THAT ALL LOOKS THE SAME TO ME, SO, GOTCHA.
SO WHEN YOU HIGHLIGHTED THAT, I, I KNEW WHAT YOU'RE TALKING ABOUT.
YOU'RE STRIKING THAT PARAGRAPH OUT.
WELL I'M ON THE SAME PAGE WITH YOU NOW.
UM, AND DON'T USE RED OR GREEN WITH THE TEXT THOUGH.
YEAH, I CAN WE CHANGE THE COLOR OF WHAT TRACTOR? THAT YOU'RE FINE.
AS LONG AS YOU'RE STRIKING THROUGH THAT.
SO FOR NUMBER TWO, THE FIRST THING, UH, WAS JUST A REMOVED INDUSTRIAL GRADE BECAUSE WE DON'T HAVE A DEFINITION FOR IT.
AND WHO, SO WHO SAYS WHAT INDUSTRIAL GRADE MEANS? I DON'T THINK IT'S USEFUL HERE.
WE COULD JUST SAY UNINTERRUPTIBLE POWER SUPPLY SYSTEMS, BACK GENERATORS, ET CETERA.
UM, OR MAYBE I DIDN'T BUY FOR THE PRIMARY PURPOSE OF UNWORKABLE POWER TO, UM, I'M SORRY.
THERE'S A LOT OF WORDS IN HERE.
UM, SO THIS WOULD NOT, INSTEAD OF SAYING IT'S, I ADDED THEN ALSO REDUNDANT OR STANDBY.
UM, 'CAUSE THAT'S OF COURSE GENERATORS ARE ALSO STANDBY POWER INFRASTRUCTURES.
AND INSTEAD OF SAYING INSTALLED AND OPERATED FOR THE PRIMARY PURPOSE OF PROVIDING CONTINUOUS ONAR TOOL POWER TO HIGH DENSITY COMPUTING, ET CETERA, REPLACING IT WITH OR STANDBY POWER INFRASTRUCTURE PROVISIONED TO SERVE COMPUTING OR DATA PROCESSING EQUIPMENT WHERE THE AGGREGATE RATED RATED CAPACITY OF SUCH POWER INFRASTRUCTURE ATTRIBUTABLE TO COMPUTING OR DATA PROCESSING EQUIPMENT, WHETHER IT'S ALL PERMITTED DESIGN OR CONTRACTED FOR IS 500 KILOWATTS OR GREATER.
[00:55:01]
HAS A METRIC IN THERE THAT'S SPECIFIC.UM, SO IF WE'RE BELOW THAT, THEN IT WOULDN'T MEET THIS SPECIFIC CRITERIA.
UM, LET'S, LET'S BACK UP AND TAKE IT ONE AT A TIME.
FOR THE INDUSTRIAL GRADE, THAT IS SOMETHING WHEN YOU GO TO PURCHASE MM-HMM
THEY DO CATEGORIZE INDUSTRIAL GRADE, CONSUMER GRADE.
AND SO THAT, THAT'S WHY IT WAS IN THERE.
SO, UM, YOU DON'T, AGAIN, TRY NOT TO CAPTURE, YOU KNOW, SOMEBODY WITH A, A, A BACKUP POWER OR AN UP SITTING NEXT TO THEIR COMPUTER AT THEIR DESK AS BEING CAPTURED ALONG THE WAY HERE.
SO THAT WAS ALL THE INDUSTRIAL GRADE, UM, WAS INTENDED PUT.
I MEAN, I FEEL SO, I MEAN, HONESTLY, WHEN IT COMES TO
I, UH, HOWEVER, IN TERMS OF, YOU KNOW, SOME SOMEWHAT SIMPLIFYING BECAUSE IT, WE SPECIFIED THEN, OR MY SUGGESTION SPECIFIES 500 KILOWATTS OR GREATER, THAT WOULD THEN NOT INCLUDE ANYBODY WHO HAS GENERATORS FOR THEIR PRIVATE USE.
BUT THIS IS FOR UPS, NOT THE GENERATOR, RIGHT? UPS SYSTEM BACKUP GENERATORS.
NO, BUT I'M SAYING FOR INDUSTRIAL GRADE UPS SYSTEM.
IN MY INITIAL READ IT WAS INDUSTRIAL GRADE WAS AN ADJECTIVE THAT APPLIED TO THE THINGS IN THAT LIST.
NO, IT'S JUST TO UPS IN THIS PARTICULAR THING.
YOU'RE CORRECT BEFORE ALL OF 'EM.
BUT, UM, YEAH, I, I UNFORTUNATELY WE HAVE THESE WORDS, WE'RE GOING BACK TO TRY TO DEFINE EVERYTHING.
BUT INDUSTRIAL GATE, IF YOU GO INTO, UM, A SUPPLIER MM-HMM
YOU COULD HAVE BUY, THERE'S INDUSTRIAL GRADE AND CONSUMER GRADE EQUIPMENT.
UM, I, THE, HOWEVER THE INDUSTRIAL GRADING IS CAPTURED BY THE KILOWATT, THE SIZE ON THE THING.
I WON'T, I WON'T DIE ON THAT CROSS
UM, ONE OTHER SPECIFIC HERE, UM, IS THIS PORTION HERE, THIS THRESHOLD IS SATISFIED INDEPENDENTLY OF ANY OTHER THRESHOLD REGARDLESS OF HOW THE PRIMARY USE OF THE FACILITY IS CHARACTERIZED.
UM, HOWEVER, IT DOES THEN SPECIFICALLY EXCLUDE POWER INFRASTRUCTURE, SERVING LIFE SAFETY SYSTEMS, GENERAL BUILDING SYSTEMS, OR A PRIMARY NON-COM COMPUTING.
COMMERCIAL HEALTHCARE INSTITUTIONAL USE SHALL NOT BE COUNTED.
SO IT BROADENS AND THEN REMOVES OUT IN SITUATIONS WHERE THIS SORT OF A THING MAY BE NECESSARY.
SO WHAT THIS IS SAYING IN EFFECT IS REGARDLESS OF EVERYTHING ELSE, IF THEY MEET THIS CRITERIA, IT COUNTS.
HOWEVER, THERE ARE OF COURSE INSTANCES WHERE THIS CRITERIA WILL NOT COUNT.
AND SO IT DELINEATES THOSE, IT'S HARD TO READ
UM, ME, YOU CAN MAKE THAT LITTLE BIGGER IF YOU NEED TO.
IT'S, IT'S A, I'M DEALING, WHEN I SAY HARD TO READ, HARD TO COMPREHEND.
I'M, BUT THEN AGAIN, I'M THICK.
I DON'T, I DON'T, I DON'T HAVE ANY PROBLEM WITH THAT.
YOU, YOU, YOU'VE EXPANDED IT A BIT MM-HMM
WITH THE LIFE SAVING SYSTEMS AND STUFF WITH EXCLUSIVE TO CALL OUT.
AND THE GOAL OF COURSE, NOT BEING TO CAPTURE TOO MUCH.
AND WE COULD GO ON AND ON AND ON THERE, BUT JUST, JUST LIMITED TO THAT.
I, I DON'T HAVE ANY PROBLEM WITH THAT.
DO WE HAVE TO PUT INTO EVERY BULLET POINT, THIS THRESHOLD IS SATISFIED INDEPENDENTLY OF ANY OTHER THRESHOLD AND REGARDLESS OF HOW THE PRIMARY USE OF THE FACILITY IS CHARACTERIZED, THAT'S IN EVERY SINGLE BULLET POINT, RIGHT? SO IS IT WELL, IT'S IMPORTANT TO HAVE IT IN EVERY SINGLE BULLET POINT.
IT IS NOT IN ALL OF 'EM NECESSARILY.
[01:00:02]
OKAY.IS THAT SOMETHING ONE THAT WASN'T, YOU ADDED THAT EACH ONE.
MY BRAIN HAS BEEN MELTING TODAY.
UM, NO, NO, IT'S NOT IN THREE.
NO, IT'S JUST SAYING FOR THE PURPOSE OF THE THRESHOLD, ANY DIRECT TO CHIP IMMERSION OR LIQUID COOLING SYSTEM, ET CETERA QUALIFIES WHERE ALL THIS COMES IN.
SO THIS THRESHOLD COMES INTO PLAY AS IT RELATES TO THEN ALSO THESE OTHER THINGS.
SO IN THAT CASE, IT DOES MAKE SENSE THAT IT'S IN EVERY ONE.
SO WHEN IT COMES TO THREE, UH, THAT WAS REALLY THE ONLY THING, UM, WAS ADDING, UH, AFTER COMPUTING, ERASE THIS SENTENCE, PURPOSE BACK 500 KILOWATTS OF THE THING.
ONE, WE'LL GET TO THE, THE SENTENCE OF THE PARAGRAPH AFTER THE NUMBERS AND SEE IF ANY OF THIS IS COVERED TOO.
UM, YEAH, WITH, WITH FOUR, I WON'T REALLY EXPAND ON THIS MUCH.
THIS WAS JUST SAYING THIS IS JUST COVERING THE VARIOUS SPACES THAT COULD BE IN BUILDINGS AND, UH, IF SOMEONE WERE TO SAY, YOU KNOW, AGGREGATE FLOOR AREA 5,000 SQUARE FEET, IT, YOU CAN'T GET AROUND THAT BY SPLITTING IT ACROSS SIX BUILDINGS CONFUSED.
SO THE FIRST SENTENCE WAS YOURS AND THEN STANDING TRIGGER THREE, WE GOT RID OF THE 1, 2, 3.
NOW WITH THIS ONE, WE COULD REMOVE THE INDEPENDENT, OR IN MY OPINION, AT LEAST WE COULD REMOVE THE SATISFIED INDEPENDENTLY.
UM, BECAUSE MY MAIN, THE MAIN GOAL HERE IS TO SAY THAT THE FLOOR AREA NEEDS TO BE AGGREGATED ACROSS ALL THESE DIFFERENT SPACES.
AND WHY DID WE MOVE THE SATISFIED THRESHOLDS OF ONE, TWO, AND THREE? IT HAD BEEN FLIPPED FOR A SATISFIED INDEPENDENTLY.
I DON'T UNDERSTAND WHAT YOU MEAN.
SO INITIALLY YOU HAD IN THERE THAT THIS THRESHOLD CELL SHALL NOT SERVE AS THE STANDALONE TRIGGER AND SHALL ONLY APPLY WITH THE FACILITY ALSO SATISFIES AT LEAST ONE, TWO, OR THREE.
AND THEY HAD BEEN FLIPPED TO SATISFIED INDEPENDENTLY OF ANY OTHER THRESHOLD.
AND REGARDLESS OF HOW IT IS CHARACTERIZED, UM, AND THEN SPECIFIES FURTHER THAT THE PURPOSE OF ALL OF THESE, YOU KNOW, ALL OF THIS TO BE MEASURED, AGGREGATE ACROSS ALL OF THE BUILDINGS, UM, FACILITATED DESIGN PERMITTED, SORRY, I'M JUMPING AROUND A LOT.
BUT, UM, ESSENTIALLY IF WE WANT IT TO BE WHERE IT'S ONE, TWO, OR THREE HAS TO OCCUR IN ADDITION TO FOUR, OR THAT IF FOUR IS GONNA BE COUNTED, THEN ONE, TWO, OR THREE ALSO HAVE TO BE COUNTED.
UH, THE IDEA HERE WAS TO JUST CLOSE OUT SOMEBODY TAKING, OH, WELL IT'S NOT 5,000 SQUARE FEET.
IT'S, YOU KNOW, A THOUSAND HERE, IT'S 1500 THERE, AND THEY'RE NOT EVEN ON THE SAME METER.
SO WHO, YOU KNOW, I, I UNDERSTAND WHAT YOU'RE TRYING TO DO.
I'M JUST TRYING TO FIGURE OUT THIS DOES, DOES THAT WITH, I DON'T SEE A SITUATION WHERE YOU'RE GONNA HAVE AN AGGREGATE
[01:05:01]
FLOOR AREA, 5,000 SQUARE FEET OR MORE THAT'S DEDICATED TO COMPUTING, PROCESSING DATA, STORAGE EQUIPMENT.UH, THAT ISN'T FOR ONE OF THE THINGS TO BE SAID THAT IT'S NOT WHERE THEN IT'S NOT IN A, A DATA CENTER OF SOME SORT IN THIS CASE.
I DON'T KNOW ALL THE DIFFERENT ELECTRICAL USE.
I, I THINK I LIKE THE ORIGINAL WAY IT WAS IN THIS CASE FOR THE, IN THAT CASE, WHAT WOULD YOU THINK THEN OF FLIPPING THIS SENTENCE? SORRY.
AND ACTUALLY THIS WOULD BE EASIER.
WHAT WOULD YOU THINK THEN OF TAKING THIS PORTION WHERE IT'S JUST SPECIFYING YOU CAN'T, YOU CAN'T SPLIT IT UP AND THEN, UH, ADDING IT AT THE END HERE.
YEAH, NO, THAT, THAT'D BE FINE.
I SEE WHAT YOU'RE TRYING TO DO.
I MEAN, JUST TO BE PICKY MM-HMM
WE START THIS SECTION BY SAYING, UM, WE CLASSIFIED AS A DATA CENTER, IT MEETS ONE OR MORE OF THE FOLLOWING OPERATIONAL OR STRUCTURAL THRESHOLDS.
BUT THEN IN NUMBER FOUR, WE BUILD IN A NECESSITY TO HAVE TWO TO MEET TWO CRITERIA.
UH, SHALL ONLY APPLY WHERE THE FACILITY ALSO SATISFIES AT LEAST ONE OF THE THRESHOLDS.
SO THEY HAVE TO, LIKE, IF THEY MEET THE THRESHOLD OF NUMBER FOUR, THEY ALSO HAVE TO MEET THE THRESHOLD OF ONE, TWO, AND OR THREE.
BUT IN THE STATEMENT EARLIER, IT'S ONE WE'RE OR ONE OR MORE.
SO I DON'T KNOW IF WE NEED TO REPHRASE THAT TO SOME DEGREE.
'CAUSE IT'S, I MEAN IT'S JUST, IT'S NOT TRUE.
WE SAY EXCLUDING NUMBER FOUR OR SOMETHING LIKE THAT.
WELL, YOU HAVE THAT IN UNDER NUMBER TWO ORIGINALLY.
LET YOU HAD IT UNDER LEY WHERE YOU DID IN CONJUNCTION WITH AT LEAST ONE OF THE THRESHOLDS.
ONE, THREE OR FOUR ARE BELOW, BUT NOW YOU'RE GOING TO BE DOING AT LEAST.
SO SORRY, ONE, TWO OR THREE, CORRECT.
TWO IS SUPPOSED TO BE, IS UPDATED.
TWO IS, AND I HAD, UH, FORGOTTEN TO FLIP THAT ONE OVER AS WELL.
UM, BEFORE I MOVE THIS OVER REAL QUICK, DO WE WANT TO KEEP INDUSTRIAL GRADE OR NOT? I'M FINE EITHER WAY.
I WOULD PREFER TO KEEP IT PERSONALLY.
AND THEN THREE, THREE JUST HAD THE ADDITION.
UM, JUST TO BE CLEAR, WE'RE DOING THIS TONIGHT.
WE'LL HAVE ONE MORE WORKING GROUP ON THIS.
SO WE'LL HAVE A CHANCE TO GO HOME AND LOOK AT THIS AGAIN RIGHT NOW? I SHOULD BE UP TO DATE.
UM, THE NEXT IS THE ADDITION OF THIS PARAGRAPH.
UM, I'LL JUST LET FOLKS, YEAH.
IT WAS THE FIRST SENTENCE DIFFERENT FROM THE FIRST PART FOUR, BECAUSE IT SAYS THIS THRESHOLD IS STATUS INDEPENDENTLY.
THE OTHER THRESHOLD, WE'RE NOT DOING THAT.
THIS, THAT THIS THRESHOLD INDEPENDENTLY IS REMOVED AND FLIPPED BACK TO, UH, THE ORIGINAL.
YEAH, WE'LL GO AHEAD AND PUT IT IN FOR NOW.
IT'LL HAVE TO TAKE ANOTHER LOOK.
[01:10:01]
OKAY.SO IN THIS IS SUBSTANTIALLY SIMILAR, UM, EXCEPT I ADDED A SENTENCE IN HERE.
SO LEMME JUST PULL THAT SENTENCE SPECIFICALLY.
UM, AGAIN, THIS PART IS TO PROTECT THOSE WHO AREN'T A DATA CENTER FOR FOLLOWING PREY TO THIS.
UM, AND THEN WHEN IT COMES TO TECHNOLOGY BUSINESS, NO MODIFICATIONS EXCEPT, UH, FURTHER SPECIFYING.
UM, WHERE IT SAYS, WHERE A FACILITY MEETS ONE OR MORE OF THE THRESHOLD SET FORTH HEREIN.
THAT MIGHT HAVE TO BE CHANGED SINCE WE CHANGED ONE OF THE FOUR.
SO IF THERE'S JUST ONE OF THOSE FOUR OR I ALWAYS SAID ONE, TWO, OR THREE.
SO WOULD IT BE, MONT FOUND THIS ONE FIRST MEETS, UM, FRESH HOLDS 1, 1, 2, OR THREE? NO, I DON'T REMEMBER.
IT'S GONNA BE ONE, TWO, AND THREE.
SO AT LEAST, WELL, IT WOULD BE AT LEAST ONE OF ONE, TWO, AND THREE IF FOUR.
THEN ALSO ONE OF ONE, TWO, AND THREE.
IT WAS AT LEAST ONE, AT LEAST ONE OF THE THRESHOLD.
ONE, THREE OR FOUR IS RIGHT HERE FROM NUMBER TWO IN MINE.
OH, AND YOUR, IS THAT WHAT IT WAS IN MINE? OKAY.
UM, WELL THAT'S, NO, WE, THAT'S WHY WE NEED TO GO HOME AND LOOK AT THIS SEPARATELY.
UM, BECAUSE OH YES, IT WAS LISTED UNDER TWOS.
SO YOU DON'T, YOU, YOU DON'T LIST THAT AS THE NUMBER.
SO, WELL, TWO IN THE ORIGINAL, IN THE ORIGINAL SAID IT HAS TO ALSO BE ONE OF THE OTHERS, BUT THEN FOUR ALSO SAID IT HAS TO BE ONE OF THE OTHERS.
AND SO IN THE CURRENT EDIT AS IT STANDS, ONLY FOUR IS THE ONE THAT SAYS FOUR AND ONE OF THE OTHERS.
SO IF THEN, UH, WHERE WAS IT?
ONE OR MORE OF THE THRESHOLDS SET FORTH.
I'M NOT SURE IF THERE'S A CLEAN WAY TO SAY THAT AND I'M SURE THERE IS MEMBRANES JUST NOT COMING UP WITH IT AT THE MOMENT.
UM, MAYBE IF WE JUST FLAG IT NEXT TIME.
UNLESS FIND, YEAH, I'M NOT, I'M NOT EVEN SURE WHAT WE'RE TRYING TO DO.
UM, WE DON'T WANNA MAKE A BLANKET STATEMENT THAT IT'S IF, IF YOU MEET ANY ONE OF THESE CRITERIA MM-HMM
BECAUSE THAT'S NOT REALLY TRUE.
BUT HOW DO YOU START CARVING OUT NUMBER FOUR WITHOUT GETTING COMPLICATED? I THINK MAYBE A LITTLE BIT OF DISTANCE MIGHT HELP SEE BETTER MM-HMM
UM, SO WHAT I'LL DO IS I'LL PULL THIS ONE AND THEN FLAG IT.
WE ALWAYS MAKE TWO SEPARATE SECTIONS.
SORRY, IT ALWAYS MAKE TWO SEPARATE SECTION SHEETS.
ONE OTHER THING WITH THIS PARAGRAPH THAT I WANTED TO POINT OUT IS THE SPECIFICATION THAT IF SOMEBODY COMES FORWARD AND SAYS THIS IS JUST A TECHNOLOGY BUSINESS, THEY HAVE TO PROVE IT, UH, BY DEMONSTRATING PREPONDERANCE OF EVIDENCE THAT THEY DON'T MEET THIS DEFINITION.
SO WE DON'T GET SOMEONE SAYING IT'S JUST A TECHNOLOGY AND THEN THINKING THEY DON'T HAVE TO WORRY THEN ABOUT THE REST OF IT.
[01:15:03]
UM, THEN, OH, LETTER, I'M SORRY.UH, FOR TECHNOLOGY BUSINESS ALL, WELL CAN YOU GO TO THAT PARAGRAPH RIGHT THERE WHERE YOU HAVE YOUR CURSOR AT? YES.
I DON'T THINK YOU NEED TO HAVE IN ANY ZONING DISTRICT.
WE AL YOU ALREADY IDENTIFIED THAT AS AN INDUSTRIAL USE.
IT'S, I MEAN THIS THING IS ALREADY COMPLICATED ENOUGH.
IF WE COULD, YOU MIGHT THINK OUT THE WHOLE SENTENCE.
I DON'T THINK JUST THE LAST SENTENCE.
OH, OR THE LAST PART OF THE SENTENCE.
YOU DON'T HAVE TO IN ANY ZONING DISTRICT, THE COUNTER FRONT ROYAL YOU ALREADY IDENTIFIED AND IT IS, IT'S AN INDUSTRIAL USE.
ACTUALLY THE WHOLE THING IS KIND OF, IT'S ESPECIALLY USED FOR IT'S KIND, THE WHOLE THING'S KIND OF REDUNDANT.
IT ALMOST DOESN'T MAKE SENSE WITHOUT THAT WATER.
WELL YOU'RE IDENTIFYING IT, IT IS USE, YOU ONLY HAVE TWO DISTRICTS.
IT'S INDUSTRIAL USE THAT'S PROHIBITED.
SO WHO CARES ABOUT SPECIAL USE PERMITS IN THE RIGHT.
ALRIGHT, SO IN THE TECHNOLOGY, UH, BUSINESS SECTION, THERE'S UH, JUST A CLARIFICATION AT THE END, UM, SUMMARIZING WHAT HAVE BEEN LISTED PREVIOUSLY.
WHAT, WHAT'S IN THERE IS OUR EXISTING DEFINITION.
THIS WOULD BE ADDING TO THAT DEFINITION.
YOU WANNA ADD THAT ON THE DEFINITION AS WELL.
IT HAD BEEN SPECIFIED EARLIER.
OF COURSE A NON DATA CENTER BUSINESS MM-HMM
BUT SOMETIMES REPETITION IS OUR FRIEND IN HERE, THAT LAST SENTENCE.
ANY SUCH YOU SHALL BE PERMIT ONLY BY A SPECIAL USE PERMIT.
THAT MEANS IF THERE IS A TECHNOLOGY BUSINESS THAT NEEDS TO USE 500 KI THEY NEED TO GET A SPECIAL USE PERMIT TO DO SO.
THERE'S A WHOLE PROCESS OF THE ENERGY SERVICES DEPARTMENT.
DOES THIS BELONG HERE? THAT THAT'S, DOES THAT HURT? THAT MIGHT HURT JUST NORMAL TECHNOLOGY.
IIII DON'T THINK WE WANNA ADD THIS INTO THE DEFINITION.
I THINK IT'S ALL COVERED, YOU KNOW, EARLIER.
I SEE WHAT YOU'RE TRYING TO DO WITH THE BUT WE, WE ACTUALLY HAVE IT COVERED.
SO THESE TWO DEFINITIONS COMPLETELY LEFT ALONE AND THEN IT WAS JUST WHAT THE UPDATES WERE.
THIS, THIS IS MOTHERHOOD AND WE HAVE TO CHANGE A COUPLE OF THINGS IN HERE SINCE RIGHT.
WELL ONE THING I I I'VE CAUGHT ON THAT WE, SO WHAT WE HAVE IN THE I ONE 'CAUSE THIS IS UNDER THE I ONE HERE, RIGHT.
THE NEXT SECTION, THE DEFINITIONS GO DOWN FOR, UH, RIGHT THERE.
YEAH, THERE'S RIGHT ON THAT PART.
SO UNDER THAT, WE WOULD BE ADDING A, THE LETTER A IN THERE, RIGHT? YEAH.
SO YOU'RE, YOU ARE ONLY ADDING, UH, YEAH, WE DON'T WANT TO, WE DON'T WANT TO DO WHAT YOU HAVE RIGHT HERE.
GO BACK TO MY, MY THE ORIGINAL ONES GETTING THAT.
SO FOLLOWING HERE, WHAT JOHN'S TRYING TO SAY IS WE'RE FIXING THE DOCUMENT TOO.
THE DOCUMENT HAD A BOOBOO IN IT ALL ALONG, RIGHT? THE ORIGINAL ONE.
THE ORIGINAL NOT GONNA HAVE, SO IT'S FORCING US TO DO THIS A IN ORDER TO MAKE IT LINE UP.
SO YOU'LL HAVE 1 75 55 A, THOSE ARE USES BY, RIGHT.
THEN WE WILL BE STRIKING 1 75 56 OUT OF THE I OF ONE AND
[01:20:01]
PUTTING THAT WITH THE, REPLACING THAT WITH THE LETTER B.SO MY A, SO YOU HAVE AN A MM-HMM
AND THE THIRD CATEGORY WOULD BE C PROHIBIT USES PROHIBITED.
SO DOES THAT MAKE IT DOES, IT ABSOLUTELY DOES.
THEN, UH, BECAUSE WE ARE STRIKING 1 75, 56, WE WOULD BE FORCED TO RENUMBER THE AREA SETBACK, RUNNING YARDS HEIGHTS WITHIN THAT CATEGORY, GIVING THEM A NEW NUMBER FOR MM-HMM
AND, AND AS IT TURNS OUT, WE HAVE TO DO IT IN 1 35, 6 5 AS WELL, BECAUSE THAT'S I TWO.
THEN YOU WOULD DO IT IN I TWO, BUT ONLY I TWO WAS SET UP WHERE IT DID HAVE, UH, USES BY RIGHT UNDER A MM-HMM
USES A SPECIAL USE USE PERMIT BY B THEN YOU'D ONLY BE ADDING C TO THAT PROHIBITING USES.
BI ONE WAS KIND OF, THEY SHOULDN'T PUT ANOTHER CATEGORY.
THEY SHOULD JUST HAVE PUT A LETTER IN THERE.
IT'S GONNA HAVE USES BY RIGHT.
A SPECIAL USE PERMIT USES B AND C WOULD BE PROHIBITED USES.
BOTH DISTRICTS WOULD BE LISTED THAT WAY, WHICH IS KIND OF LIKE A HOUSEKEEPING.
DOES THAT MAKE SENSE? SO ALL ALL THAT THE IMPORTANT THING IS PUTTING A PROHIBITED UNDER BOTH AND THE REST OF IT'S HOUSEKEEPING.
AND THAT CASE COMPLETELY IGNORE THE FINAL PART OF MINE WHERE I'M SAYING A DIFFERENT, A NEW SECTION NUMBER AND MINE NEEDS TO BE CLEANED UP A LITTLE BIT TOO BECAUSE IT DIDN'T HAVE THE I TWO IN IT.
SO I HAVE TO ADD THAT 1 75, 6 5.
YOU JUST HAVE TO ADD A C TO BOTH OF 'EM.
PROHIBITED USES AND HOUSEKEEPING ON THE OTHER THAT GET THE NUMBERS IN ORDER.
WOULD THAT BE FIVE OR WE, YOU CAN ADD ON THERE IF YOU WANT TO.
JUST FOR NOW THAT WE HAVE TO HAVE UNDER NEXT, NEXT TO 1 75.
IT ALSO NEED TO UPDATE ONE, UM, ONE WHERE 1 75 64, 1 75, 64.
SO THAT WAS, THAT NEEDS TO BE ADDED ON THERE AND THAT WOULD BE THE PROHIBITED.
DOES THAT MAKE SENSE FOR EVERYBODY HOW WE'RE DOING THAT? YEAH.
WE'LL, AND WE WILL, WE'LL CLEAN ALL THIS UP WITH THE NEXT VERSION AND GO IN, BUT IT, IT IS JUST, IT'S JUST HOUSEKEEPING.
OH, YOU HAD ADDED SOME ADDITIONAL TEXT AFTER DATA CENTERS.
YOU, YOU ARE ADDING ON THERE, RIGHT? UM, WAS THAT NOT OKAY, I'M SORRY, I, UH, DID YOU GO BACK TO YOUR, SEE WHAT WE DID? THE ORIGINAL I ONE WAS MESSED UP? UH, NO, AFTER, YEAH, AFTER THE PROHIBITION WHERE IT SAYS 1 35.
FIVE FIVE AND THAT KIND TALK ABOUT IT, BUT OH, THAT, UM, OR THAT, THAT JUST WENT AWAY WITH THE OTHER.
THAT WOULD, THAT WOULD GO AWAY.
ALRIGHT, SO WE'LL SAVE THIS AND THEN WE'LL GET IT OUT AND WE'LL GET IT CLEANED UP AND WE'LL HAVE IT BACK FOR THE NEXT WORKING GROUP.
WE DID THE WORK SESSION AFTER THE REGULAR MEETING.
BUT THAT SHOULD, IT SHOULD GO TWO WEEKS BEFORE THE PUBLIC HEARING UP THERE.
THREE HEARING IS ON JULY 29TH, WEDNESDAY, JULY 29TH.
BUT HAVING, MOST LIKELY IT'LL BE HERE.
SO THIS IS JUST CLEANUP STUFF, SO APPRECIATE YOUR TOLERANCE AND PATIENCE.
WHAT SHE COUNCIL WANTS BACK, SHE SAYS, YAY.
I HEARD WE'RE GONNA HAVE A WORK SESSION AFTER DAY AFTER THE REGULAR MEETING ON THE 15TH.
SO ON THE 15TH WE WILL HAVE, WE HAVE OUR REGULAR THE MURAL.
I DIDN'T WANT IT TO BE SOMETHING WHERE THE NEXT IT WAS ALL.
YEAH, WE HAVE A PUBLIC HEARING ON THE MURAL AND YOUR DRAFT ORDINANCE WHEN ARTICLES EIGHT AND 10.
ALRIGHT, SO IN THIS OUTDOOR DINING AREA.
ALL RIGHT, SO WE'RE HAVING A MEETING ON THE 22ND.
SO ARTICLES EIGHT AND 10 WILL BE AT THE MEETING.
WE HAVE A WORKSHOP MURAL AT THE REGULAR MEETING AND THE OUTDOOR SEAT ON THE AGENDA FOR THE 15TH.
[01:25:01]
ANY WORK SESSIONS FOLLOW? AND THEN WE'RE HAVING ANOTHER WORK SESSION ON THE PUBLIC HEARING ON JULY 20.WOULD ONLY BE FOR, FOR THE DATA CENTER IS GONNA BE ITS OWN THING ON THE 29TH.
IT THE ONLY TOPIC THAT'S GONNA BE A SPECIAL MEETING.
SO JULY 29TH, SPECIALTY AT SEVEN O'CLOCK.
AND THEN WE GET THE MONTH OF, HOPEFULLY, UNLESS WE YOU'RE BACK THE NEXT WEEK.
CAN'T OUT TOGETHER, DRINK AWAY THE SINGLE.
ISN'T IT GRANT DOWN AND PAY YOU MORE TIME, WHICH IS ADVERTISING.
THE SPECIAL MEETING SAVED EVERYTHING.
IT BE SEND, WE'LL GET IT CLEANED UP AND WE'LL GET THE NEXT ONE.
AND SO YOU'LL, WE'LL HAVE ADVANCED VERSION OF THIS SENT OUT TOO, JUST IN CASE WE MISS SOMETHING.
PLEASE LOOK AT THE EXAM ON THE 29TH.
SHE SAID HERE, THE 29TH IS GONNA BE HERE OR AT NINTH WE'LL BE HERE.
PUBLIC HEARING, YOU HAVE TO MAKE LOTS OF TREAT FOR THAT
UM, SO, OH, SO WE'RE GONNA HAVE A PUBLIC HEARING THAT'S NOT AT THE GOVERNMENT CENTER.
SO IF THAT CHANGES, WE'LL LET YOU KNOW, BUT OKAY.
BUT AS OF RIGHT NOW, IT'S HERE.
I'M ASSUMING WE WON'T GET THE CROWD THAT WE GOT THE OTHER NIGHT BECAUSE I MEAN, EITHER WAY.
DOES EVERYONE FEEL PRETTY GOOD ABOUT THIS APPROACH THAT WE'RE DOING HERE IN GENERAL IN TERMS OF HOW TO HANDLE WHAT WE WOULD, WE HANDED SOMETHING INTERESTING AND I'LL LEAVE WITH THAT HANDLE.
I, I'LL WARN YOU, I WILL PUT THIS IN MY STAFF REPORT, BUT I DO NOT BELIEVE THAT THIS IS GOOD PLANNING.
I CANNOT RECOMMEND THIS APPROACH IN THE STATE OF VIRGINIA, BUT I'LL JUST PUT THAT ON THE RECORD NOW.
SO YOU'RE NOT SURPRISED WHEN YOU READ THE STATUTE? YEAH.
IT FELT LIKE IT WAS A LITTLE BIT STARTLING TO ME BECAUSE I THOUGHT YOU COULDN'T PROHIBIT IT, UM, OUTSIDE OF OUR REALM TO DETERMINE IF THAT'S APPROPRIATE.
WELL, I KIND OF LOOK AT, THEY, THEY, THEY MADE THEIR, UM, THEY'VE MADE A JUDGMENT BASED, WAS PUBLIC MEETINGS AND MADE A JUDGMENT.
SO, SO NOW THEY'VE TAKEN THE RISK AND BENEFIT AND FOR THE BENEFIT THEY WERE WILLING TO TAKE THE RISK THAT GOES ALONG WITH IT.
THEY JUST, THEY, THEY STATED IN THEIR DISCUSSION, THEY, THEY UNDERSTOOD WHEN THEY SO ON.
AND WE'RE, WE'RE NOT REALLY, IN THIS CASE, WE'RE NOT GIVING AN OPINION.
WE'RE, WE'RE EXECUTING, WE'RE EXECUTING WHAT THEY ASKED US TO DO TO THE BEST OF OUR AVAIL ABILITY.
SO, SO LET ME POINT OUT THAT 15, 2 22 80, ISN'T IT? MM-HMM
SO FOR THE HEALTH, SAFETY, WELFARE.
SO IT GETS DIC THOUGH TO REC TO PROHIBIT USES THAT IT ALREADY EXISTS.
WELL, I DON'T WANT TO, I DON'T WANT TO GET IN THE WEEDS, BUT MY OPINION IS THAT USES CAN BE PROHIBITED BASED ON THAT STATE STATUTE.
THAT IT ENABLES PROHIBITION ON USES AND IT, AND IT WASN'T FOR THAT STATE.
THAT'S DIFFERENT THAN THE MORATORIUM ISSUE.
YEAH, NO, IF IT WASN'T FOR THAT STATUTE AS YOU SAID, THEN WE WOULDN'T BE DOING THIS AT ALL.
IT MIGHT BE, UH, WE, WE, WE WOULD HAVE, WE'D HAVE THE SAME PROBLEM WE HAVE ON MORATORIUM IF THAT WHAT YOU SAID WASN'T THERE OR SOMETHING CLOSE TO IT ANYWAY, WE'RE EX WE'RE EXECUTING ACCORDING TO WITH THE TASK.
AND THEN ULTIMATELY WHEN WE ALL GIVE IT TO, WE COULD GET ALL, LIKE I SAY, GET ALL THE WAY TO THE END AND HAVE A BEAUTIFUL, WHATEVER IT IS AND ALL VOTE AGAINST IT OR SOME NUMBER VOTE AGAINST IT.
AND, AND THAT'S WELL WITHIN THE RIGHT.
BUT WE'RE TRYING TO EXECUTE THE BEST JOB OF VOTE AGAINST RECOMMENDATION.
IT'S RECOMMENDATION OF ADOPTION.
BUT WE'RE TRYING TO DO THE BEST JOB WE CAN IN, IN THIS SITUATION.
LET'S GET ON TO, UM, UH, ARTICLE EIGHT.
I RECOMMEND MOVING THE NUMBER FOUR INSTEAD JUST IN THE INTEREST OF TIME SINCE THIS IS WHAT WE ARE DOING AT THE NEXT PART.
LET'S ADJOURN FOR 10, 10 MINUTES AND COME BACK.
[01:30:06]
OKAY, WE'RE GOING BACK IN SESSION GUYS.WE ARE NOW BACK IN SESSION, THE PLANNING COMMISSION MEETING.
WE'RE GONNA START OFF WITH THE ORDINANCE AMENDMENT TO FIND OUTDOOR DINING AREA AND THEY'RE TURN THAT ONE OVER TO LAUREN.
SO THIS IS JUST AN AMENDMENT TO, UH, CHAPTER 1 75 FOR OUR, UM,
UM, ACCESSORY USE TO, SO THIS IS A NEW DEFINITION.
I HAVE TO ADD THAT TO THE DEFINITION.
IT'S, UM, SO WITH THE PROVISIONS HERE, IT CAN BE EITHER ON THE SAME LOT OR ON A CONTIGUOUS LOT.
SO TOUCHING NEXT TO, UM, AND IT HAS TO BE USED CONJUNCTION WITH RESTAURANTS.
UM, AND THEN THE INDOOR SEATING, OR SORRY, THE OUTDOOR SEATING CANNOT EXCEED INDOOR, SO WE'LL HAVE PERFORMANCE STANDARDS WITH THAT.
SO WE'RE, WE'RE LISTING THIS AS A PERMITTED USE IN THE C ONE AND C TWO.
UNDER THE MISCELLANEOUS SECTION.
THEN UNDER OUT WHERE IT SAYS MISCELLANEOUS WILL INCLUDE THAT THEN THE OUTDOOR DINING AREA, SHOULD THAT NOT SAY IN ACCORDANCE WITH 1 7 5 1 1 8? YES.
ARE YOU TALKING ABOUT UNDER THE PERMITTED USE OF SECTION? YES.
EACH ONE NEEDS TO STAY IN ACCORDANCE WITH, SO IT'S PERMITTED BY RIGHT IN THOSE DISTRICTS FIVE DASH 1 1 8, BUT IT HAS TO, YOU ALSO HAVE PERFORMANCE STANDARDS WITH THAT I SHOULD, JUST TO CLARIFY THAT.
UM, JUST GOING BACK TO THE DEFINITION REALLY QUICKLY, IS AN OUTDOOR DINING AREA.
SO LIKE, LET'S SAY YOU HAVE A SPACE FOR TABLES AND PEOPLE GO INSIDE, THEY ORDER WHATEVER, IF THEY WANT TO GO SIT ON THE TABLE, THEY CAN, THEY DON'T WANT TO, THEY DON'T VERSUS RIGHT.
BUT LOOK, I'M THINKING LIKE AT HOW IT WAS AT BACK 40, THEY HAD THE BACK PATIO AND THEY WERE PICNIC TABLES ON THERE.
AND NOBODY WOULD, I MEAN THERE WAS NO SERVICE PER SE.
BUT PEOPLE WOULD SOMETIMES BRING THEIR COFFEE AND GO SIT OUTSIDE.
IS THAT AN OUTDOOR DINING AREA? OKAY.
SO IT DOESN'T MATTER WHETHER YOU TAKE THE ORDER OUTSIDE.
THESE HAVE EXISTED MOSTLY SINCE COVID, RIGHT? UM, THEY JUST HAVEN'T BEEN DEFINED OR COMMITTED.
WE'RE JUST ADDING SMALL TOWN DURING THE COVID ERA.
THEY REMEMBER WE CLOSED EVERYTHING DOWN ON MAIN STREET, BUT THEN THEY ALLOWED THEM TO HAVE OUTDOOR CD.
IT
MADE A USE THAT WASN'T DEFINED.
HOW, HOW ABOUT THAT? LIKE I SAID, FORM LAW SUCK.
SAME WAY WITH THE DATA CENTER.
DID YOU LIST WHERE IT'S PERMITTED AT OR NOT PERMITTED AT, BUT BASICALLY THE SAME THING.
SO WHAT THIS ALLOWS US TO DO BY DEFINING IT, PERMITTING IT IS NOW THERE'S A PROCESS AND THEN YOU CAN HAVE AN AGREEMENT WITH THE TOWN THAT YOU CAN BE THERE AND THE TOWN IS NOT LIABLE.
UM, SO THAT'S, IF IT'S IN THE PUBLIC PORTION, THEY CAN APPLY.
UM, THAT'S THAT 1 42 REFERENCE.
UM, NOW IF IT'S ON PRIVATE PROPERTY, YOU KNOW, THAT'S JUST THEIR INSURANCE.
BUT REGULATING MAKING SURE IT'S A DA COMPLIANT, THAT UM, IT'S ONLY A CERTAIN PERCENTAGE OF THE INDOOR SEATING THAT IT'S JUST FOR THE SIDEWALK ENCROACHMENT.
IS THERE A CERTAIN PERCENTAGE OR DISTANCE ON THE SIDEWALK OF THE USE TO PREVENT ANY ISSUES? PASSENGER? I THINK THAT'S PART OF WHAT WE STILL, I GUESS WE SHOULD DISCUSS TONIGHT.
BECAUSE I THINK TYPICALLY YOU NEED WHAT, 36 INCHES OF CLEARANCE FOR
THEY SHOULD ALL BE THE SAME WIDTH.
UM, AND THEN LIKE DOWNTOWN HERE IT, IT'S KIND OF A LITTLE ODD BECAUSE SOME OF THE BUILDINGS ARE BUILT PRODUCT, RIGHT.
[01:35:01]
IT'S NOT, IT'S NOT CONSISTENT IN WALKING DOWN THE STREET BETWEEN THE FRONTAGE.BUT WITH THE APPLICATION PROCESS, I MEAN IT'S ADMINISTRATIVE, BUT WE'LL LOOK AT EACH APPLIC CASE.
HOW MUCH SPACE? I'M NOT SURE WHAT THIS ONE WOULD BE TO BE HYPER SPECIFIC.
IT'S NOT JUST SOME OLD TOWN PART TOWNS.
I MEAN LIKE YAMA FUJI HAS IT, UH, MIRANDA OR, OR THE CAFE HOME.
WHAT, WHAT IS THE POINT OF SAYING YOU CANNOT EXCEED 50% OF THE RESTAURANT'S? INDOOR, I MEAN AREA, IT'S JUST THERE'S MORE THAN 50%.
IT'S NO, IT'S OUTDOOR EAT, YOU KNOW, IT BECOMES OUTDOOR EATING RATHER THAN AN INDOOR RESTAURANT THAT'S NOT LIKE THE NEEDS LISTED AS AN ACCESSORY.
SO NOW YOU'RE, YOU INCREASE IT OVER 50% OF IT'S A DIFFERENT USE.
YOU'RE GREATER THAN THE PRIMARY.
INDOOR DINING IS THE PRIMARY USE FOR A RESTAURANT.
THAT'S WHAT WE CALCULATE THE PARKING BASED OFF OF.
SO, SO LIKE BACK 41, WE EVEN FIT UNDER THIS.
'CAUSE IT'S NOT A RESTAURANT, IT'S COFFEE SHOP.
BUT IT WOULD STILL BE UNDER LIKE A DINING, A DINING ESTABLISHED FALLS UNDER OUR PARK.
BUT THEY'RE ALL STILL PART OF THAT PARKING EXEMPTION.
BUT OUTSIDE OF
SO SO IT WAS KINDA LIKE SERS WHEN THEY DID THEIR RENOVATION.
THEY HAD, WE HAD TO INCLUDE THAT IN THE PARKING CALCULATION.
THEY'RE NOT IN THE DOWNTOWN AREA, BUT THEY ADDED SEATING.
THEY HAD SEATING THERE PREVIOUSLY.
SO NOW THEY PUT TABLES WITH THE UMBRELLAS.
BUT YOU HAD TO TAKE THOSE SEATS TO CALCULATE THE PARKING BASED ON THE SEATS.
I GUESS I'M JUST THINKING ABOUT THERE ARE LIKE FUNKY BUILDINGS HERE.
THERE ARE THESE KIND OF, WELL WE'VE JUST PASSED THE SUBDIVISION ORDINANCE THAT Y'ALL DID LAST MONTH AND OR TWO MONTHS AGO.
SO ALL LIKE IN THE HISTORIC DISTRICT, THERE ARE NO OFF STREET PARKING REQUIREMENTS NOW.
SO LIKE A BACK 40, THEY DON'T HAVE TO HAVE, IS THERE ANYTHING IN HERE THAT WOULD THAT AND AN ESTABLISHMENT FROM SETTING UP ONE OF THOSE, I DON'T EVEN KNOW THE NAME OF THE, LIKE A GREAT BIG FAN OF SCHWARTZ.
THERE'S NO REASON THAT THAT COULDN'T BE SET UP.
THAT HAS NOTHING TO DO WITH ING.
BUT THERE'S NO OTHER REGULATIONS.
NO, I DON'T, I MEAN THEY'RE GONNA LEAVE IT THERE FOR A COUPLE DAYS AND RECOMMENDATION WOULD BE COME IN, TALK TO JOHN OR I LIKE, BUT WE'RE GONNA, THEY CAN FIGURE OUT HOW TO HOOK UP, HOOK IT UP TO A WATER SOURCE INSIDE THE BUILDING INSTEAD OF BECOMES LIKE AN EXCESSIVE BECAUSE THAT'S GONNA BE NEEDED.
WHAT, I MEAN THOSE THINGS, THOSE THINGS ARE GONNA BE NEEDED IF WHETHER IT CONTINUES TO DO WHAT IT'S BEEN DOING LATER.
THAT'S OR DON'T SIT OUTSIDE? NO, NO, NO, NO, NO, NO.
THEY'RE ALL OVER THE PLACE IN VEGAS AND PLACES LIKE THAT.
I'VE NEVER SEEN A MIS THAT'S WE'RE HUMAN HUMAN CLIMATES MISSING STATION.
BUT I JUST WANNA, THAT WOULD JUST BE AN ACCESSORY.
THEY COULD JUST COME IN AND TALK TO US AND WE FIGURE IT OUT.
I LOVE TO HEAR ALL THE APPLICATION HERE.
'CAUSE I WAS LOOKING AT THE, UH, PERFORMANCE STANDARDS AND WE SAY THAT, UM, THAT, OH GOSH, WHERE WAS IT? SOMEWHERE THAT THE, UH, THE MATERIALS USED OUTSIDE MUST BE ABLE TO BE MOVED.
UM, AND THEN ON THE APPLICATION IT SAYS SPECIFICALLY I CERTIFY THAT ALL OUTDOOR FURNITURE SO AND SO FORTH WILL BE COMPLETELY REMOVED AT THE END OF EACH BUSINESS DAY.
AND UM, B ONE UP WHERE THAT ANTIQUE THAT RETRO FURNITURE STORE.
THAT'S ANOTHER PART OF THE ORDINANCE.
BUT IT IS, BUT THAT'S SOMETHING WHERE LIKE EVERY PLACE THAT I CAN THINK OF OFF THE TOP OF MY HEAD THAT HAS OUTDOOR SEATING RIGHT NOW, IT WOULD NOT EVEN MISS BE FEASIBLE.
[01:40:01]
LIKE TO PUT THEM TO BRING EVERYTHING IN.UM, YOU KNOW, LIKE SUNK WOULD NEVER BE ABLE TO DO THAT.
THAT WAS JUST STANDARD LANGUAGE FROM APPLICATION FORM.
YEAH, IT'S IN THE APPLICATION FORM.
IN THE APPLIC IT'S IN THE, IT IS THE NUMBER FIVE SPECIFICALLY.
REALLY ONLY BUY THE PUBLIC PROPERTY ANYWAY.
THAT'S NOT LEAVING FURNITURE ON THE PUBLIC SIDEWALK.
WHICH I DON'T UM, WHAT OUT OUTSIDE? WHERE DOES THE, WHERE IS THE PROPERTY LINE ELEMENT? WHERE THE FENCES IT IS WHERE THE FENCE IS.
THEY'RE ONE OF THE FEW THAT ACTUALLY HAVE A DECENT FIT OF SPACE IN FRONT OF THEIR BUSINESS.
UM, MOST OF 'EM DO NOT HAVE ANYTHING.
I MEAN, ARE WE GONNA CAMPUS, THEY'RE THEY'RE SITTING IN THE PUBLIC RIGHT AWAY.
THEY'RE IN THE, THEY'RE IN THE TOWNS AND IS, UH, DAILY GRIND AS WELL.
'CAUSE THEY LEAVE THEIR STUFF OUTSIDE.
I MEAN, I'VE BEEN THANKFUL FOR A SEAT OUTSIDE THERE AFTER HOURS.
I THINK THEY HAVE THEIR OWN'S ON THEIR PROPERTY.
BUT IF BROTHER BEFORE, BUT THEY DO HAVE A, I DO HAVE SPACE WHEN I LOOKED AT THAT, BUT I THINK THEY KIND OF GO, IT DOESN'T REPEAT ANYTHING.
BUT DURING THE DAY, WHAT DOES IT MATTER? YEAH.
AND, AND THEN WE'RE WORKING ON A SEPARATE PROCESS, LIKE A FULL TIME AGREEMENT FOR OTHER BUSINESSES THAT HAVE THEIR PROPERTY.
WHICH IT'S JUST, BUT IF NOT THAT WOULD, THAT WOULD PERTAIN ARE SO YOU ASKING UNDER FIVE? YEAH.
WE JUST WANNA REMOVE THAT STATEMENT.
THAT WOULD, WOULD THAT GO, THAT WOULD GO IN CONJUNCTION WITH PUBLIC PROPERTY C TWO UNDER NUMBER TWO IF WE KEPT IT.
BUT MAYBE WE JUST, WE REMOVED THE PART ABOUT REMOVING IT.
BUT THEN JUST SAY, I AGREE TO MAINTAIN A CLEANING LITTER FREE AREA, KEEP ALL WATERS AND MAYBE MAKE IT LITTER FREE INSTEAD OF LETTER FREE.
IT MAKES SENSE TO ME THOUGH, IF THAT PEOPLE HIDING THE MAIL MOVING ABOUT THEIR FURNITURE IS ONLY APPLICABLE TO PUBLIC PROPERTY.
WELL, NO, THIS IS SAYING THAT ALL OUTDOOR FURNITURE WILL BE COMPLETELY REMOVED TO THE END OF EACH MISS ESTATE.
WELL, BUT I GUESS MAYBE I MISUNDERSTAND WHAT YOU WERE SAYING.
I THOUGHT THAT THAT ONLY RELATES TO, WE WOULD SPECIFY.
SO IF WE WANTED TO KEEP IT THERE, WE WOULD HAVE TO SPECIFIED C TWO OR PUBLIC PROPERTY.
BECAUSE IF PLACES LIKE TO HAVE AN OUTDOOR PATIO IN THE BACK THAT'S ON THEIR PROPERTY, THEY SHOULDN'T HAVE TO I AGREE COMPLETELY.
BUT I DO FEEL LIKE IF THERE ARE PEOPLE WHO ARE ENCROACHING ON PUBLIC PROPERTY AND THEIR TABLES ARE THERE, THOSE SHOULD NOT WELL BE LEFT OUT THERE.
PERHAPS IT'S, I CERTIFY THAT I WILL FOLLOW THE PERFORMANCE STANDARDS BECAUSE IN OUR PERFORMANCE STANDARDS IT SAYS THAT THEY MAY ONLY OPERATE DURING BUSINESS HOURS AND THAT THEY CAN'T IMPEDE ON, UM, UH, LIKE EMERGENCY ESCAPERS, FIRE EQUIPMENT, ET CETERA.
SO WE, WE CAN ABSOLUTELY CHANGE THAT STATEMENT.
IT JUST BE, I CERTIFIED THAT I AGREE TO THE TERMS YOU HAVE TERMS. PERFECT.
ALRIGHT, WELL IF NOW IF WE GET THROUGH EIGHT AND 10, WE'RE ACTUALLY DONE WITH THAT DOCUMENT.
IF THAT MAKES ANY, MAKES ANY, WE GONNA DO A FOLLOW OUR THREE TIMES SERIOUSLY.
SO LET'S GO AHEAD AND BRING IT UP.
THIS IS 11 PAGES, BUT I, YEAH, SO LET'S GO AHEAD AND SCROLL THROUGH.
SO DID READ, I HAVE, UM, IS THIS THE VERSION I SENT YOU? UH, YES.
SORRY, I HAD SOME COMMENT IN HERE.
ARE WE, YOU'RE ON EIGHT ON EIGHT, CORRECT? YEAH.
SO JUST GO MAKE, GO DOWN A LITTLE BIT.
SO THIS IS YOUR VERSION YOU SENT ME TO PULL UP HERE.
OH, AS A MEMO OTHERWISE SPECIFICALLY SENT IT.
SO THIS YEAH, THAT CLEANS IT UP.
THAT'S, YEAH, IT WAS JUST, AND AND THE CODE WAS OUT A DATE.
RATHER THAN HAVE TO REPEAT IT EACH TIME.
I COULD HAVE TO JUST CONTINUE ON THAT.
DID ANYBODY ELSE HAVE ANY COMMENTS OR THOUGHTS ABOUT THESE? IT WAS MINIMAL.
THE BED BREAKFAST ALL LOOKED FINE.
UH, CEMETERIES, ANYTHING THAT ANYONE HAD COMMENTS OF HERE? NO.
R THREE BY SPECIALTIES PERMIT, WASN'T IT FOR THAT ONE? YES.
[01:45:01]
HAVE A QUESTION BACKING UP TO STEVE.DAYCARE OPERATIONS IN RESIDENTIAL DISTRICT SHALL NOT BE PERMITTED IN
WHICH SEA ARE YOU TALKING ABOUT? BECAUSE WE'RE ALL THE WAY DOWN IN BED AND BREAKFAST NOW.
NO, I'M, I'M BACK UP AT THE BEGINNING.
UM, YOU'RE SAYING THAT HOME THAT THAT SOMEBODY COULDN'T HAVE CHILD IN THEIR HOME.
LIKE YOU COULDN'T HAVE A HOME DAYCARE.
AND THAT'S WHAT MOST PEOPLE PREFER.
THAT IS WHAT MOST PEOPLE WANT.
BUT THEY'RE ALLOWED, THEY WANT THE CHILD IN SOMEBODY'S HOME.
WELL, WELL, I HAVE AN ANSWER FOR YOU BEFORE WE MOVE ON.
UM, AT THE TOP SECRETARY SPELLED IT CORRECTLY UNDER E.
LET ME SCROLL BACK DOWN TO THAT.
I'LL FIX IT BECAUSE IT'S AT THE TOP.
OH, ARE WE DARN SPELLED ALL ALONG
YEARS AND YEARS AND YEARS PEOPLE BEEN SCARING IT.
UM, IF I'M UNDERSTANDING THIS CORRECTLY, WHAT IT'S SAYING IS YOU CANNOT BUY A HOUSE IN A RESIDENTIAL DISTRICT AND THEN MAKE, GET A DAYCARE FACILITY.
UM, DAYCARE OPERATION, THAT'S MR. SMITH KIDS FOR CHURCH.
SHE, WHAT WOULD YOU CALL THAT? DAYCARE OPERATION? NO, I'M, I HAVE YOUR ANSWER.
SO UNDER HOME OCCUPATIONS 1 0 7, 1 75, 1 0 8 0.1 A HOME OCCUPATION CAN DO BABYSITTING AND BABYSITTING SERVICES.
AND THAT IS DEFINED FOR, THAT IS AN ACTIVITY OCCURRING IN A PRIVATE HOME, OF WHICH NINE OR FEWER CHILDREN.
SO PEOPLE CAN BABYSIT WITH A HOME OCCUPATION, DIFFERENT BUSINESS LICENSE BABYSITTING IN DAYCARE AND RIGHT.
SO THE DIFFERENTIATING THE DAYCARE, THOSE ARE LARGE LIKE AM DUMPLING.
MORE A DAYCARE THAN SOMEONE BABYSITTING.
BABYSITTING FOR LESS THAN NINE.
THEY'RE GRANDKIDS OR THE NEIGHBOR'S KIDS.
SO THAT'S, SO A DAYCARE OPERATION IN THE MEANING LANGUAGE OF 8.1.
POINT TWO IS THE CORPORATION SET UP TO, IT GOES BACK TO THE DEFINITION OF DAYCARE VERSUS BABYSIT CITY.
SO THIS IS THIS LONG AS LITTLE LADY NEXT DOOR ISN'T GOING TO GET HERSELF IN FRONT.
WHERE SHE KEEPS THOSE ARE PERMITTED BY HOME OCCUPATION.
JUST LOOKING OUT FOR THE SINGLE ONE.
THE CEMETERIES IS SPELLED CORRECTLY HERE.
TEMPORARY USES AND STRUCTURES, RECREATIONAL VEHICLES, TRAVEL TRAILERS.
ANYBODY HAVE ANYTHING HERE? EVERYTHING IN HERE IS STANDARD AS FAR AS I CAN SEE THAT.
WHEREVER ELSE YOU'LL FIND STUFF ABOUT TEMPORARY PARKING.
UM, TEMPORARY CONSTRUCTION TRAILERS.
DOES THE, THE NEW LAW THAT PER PERMITS MANUFACTURE HOW HOMES BY RIGHT.
DOES RV COUNT AS A MANUFACTURING HOME? NO.
NOW WE DO HAVE A SECTION THAT COVERS THAT HERE COMING UP.
THE LANGUAGE AND LAW ACTUALLY DID MENTION THE RV WHEN THEY WERE DOING MANUFACTURED HOMES.
[01:50:01]
LANGUAGE OF ALL THE EXCLUSIONS AND ALL THAT STUFF.IN ORDER FOR IT TO BE A MANUFACTURED HOME, WE HAVE TO GIVE UP THE TITLE AND SAY, THIS IS NO LONGER AND IT HAS TO BE, IT HAS TO BE ATTACHED.
IT'S GOTTA BE ATTACHED TO THE PROPERTY.
SO IT COULD BE ACTUALLY, ALRIGHT.
ALL'S GOING INTO MORE ABOUT TEMPORARY STRUCTURES.
I'M JUST GONNA BE SCROLLING SLOWLY.
LET ANYTHING TO ADD INTO THIS BECAUSE WE DON'T ASK OVER AND OVER AGAIN.
THAT ONE HAS TRUCKS AND SEMI TRAILERS.
WE GET A LOT OF QUESTIONS JUST THAT'S NOT FOR PEOPLE LIKE PARKING A, A LARGE DUMP TRUCK OR WHATEVER, YOU KNOW, LARGE VEHICLES MM-HMM
IN A RESIDENTIAL DISTRICT THAT WOULD BE PROHIBITED.
YOU KNOW, OVER THE 12,000 POUND, UH, FROZE.
THE VEHICLE WEIGHT, STUFF LIKE THAT.
SO THOSE, YOU SHOULD SEE THOSE AT SOMEONE'S RESIDENTIAL ON THE STREET ON THEIR PROPERTY.
I MIGHT BE ABLE TO SHOW YOU WHERE IT'S HAPPENING.
OH, THAT WAS A ONE TIME APPLICATION OF $400.
IS THAT STILL RIGHT? WELL, WE AMENDED THAT IN, UH, SEPTEMBER.
I COULDN'T REMEMBER WHAT THE NEW NUMBER WAS.
WHEN I WAS EDITING THIS, I DIDN'T, I DIDN'T HAVE THE, YOU, YOU, YOU GRABBED THE OLD, UH, WHAT THE OLD VERSION? YEAH.
THAT, THAT IS ACTUALLY ONE SEVEN.
UH, THAT IS ACTUALLY 1 7 5 1 1 4 NOW.
THAT WAS THE OLD, SO THAT WOULD BEEN CHANGED TO 1 1 4.
UM, AND THIS IS STRAIGHT OUT OF WHAT WE'RE USING.
SO SHORT TERM RENTAL ON PARAGRAPH A.
SHORT TERM RENTAL IS NOT IN THERE.
UH, THEN WE WRITE, UH, APPLICATION BE, UH, BE SHALL BE $1,200 SPELLED OUT.
UH, THAT SENTENCE IS UH, STRIKE THROUGH STRIKE ENTIRELY.
SO A NEW E DO WE NEED TO JUST COPY WHAT THE EXISTING IS AND PUT IT IN THERE? WELL, HERE, LET ME OBVIOUSLY HOW BAD I JUST THAT WE CAN DO THAT.
AND I GOT IT HIGHLIGHTED IN THE RED LETTERING.
SO THE ONE WE'VE BEEN USING IS TO CONFIGURED ONLINE.
THIS SECTION WAS WRONG, PAUL IS WHAT WE'RE SAYING.
WHAT THESE CHANGES YOU'RE DOING NOW.
I'M GLAD WE ARE AT THE END OF THIS BECAUSE THIS DOCUMENTS TO GOING ON WELL OVER A YEAR AND WE'RE TRYING TO KEEP UP WITH ALL THE CHANGES.
AND COMING AT DIFFERENT ANGLES ONLINE.
BUT I, IT'S UNFORTUNATELY WE, IT'S AMENDMENTS THOSE ARE, NO, THIS HAS ACTUALLY BEEN UPDATED IN OUR CODE.
IT'S NOT, THEY, IT HAS GONE THROUGH THE SYSTEM AND BEEN UPDATED IN CODE.
SO IT COMES UP SHORT TERM RULES.
1 75 1 14 WITH THE CHANGES OF 1200.
WHY DID THEY HAVE THE LIST
THAT'S WHAT, BUT IT HAS, IT WENT THROUGH WHEN THE CHANGE WAS, IT GOT, THIS IS WHY, THIS IS WHY WE NEED TO GET THIS DONE.
THEY'VE DONE, I THINK THEY DO QUARTERLY UPDATES FOR US.
WE'VE HAD A LOT OF TEXT MESSAGE.
WELL, I, I'M JUST, I'M JUST WORRIED THAT WE'RE GONNA MISS, YOU KNOW, WE DO THIS AND THEN WE'RE GONNA MESS UP THAT IS THAT WE LONG, WHERE'S IT AT? 25? WHERE'S THE SHOW AT SEPTEMBER 25.
I'M JUST GONNA RUN THROUGH AND MAKE THESE EDITS
[01:55:01]
AND THEN WE CAN CIRCLE BACK TO G HERE.'CAUSE I DO LIKE WHAT YOU HAVE.
UM, I GUESS IT JUST SHOWS CHANGES.
SO YEAH, I UH, I SAW YOUR COMMENT HERE.
WHAT'S FUNNY IS THAT IN THE EDIT THAT'S ON THERE, UHHUH, THE DATING OF THE CODE IS GONE, IS REPLACED WITH JUST THE WORD CURRENT.
SO NOW WE'RE GONNA BE CHANGING IT AGAIN.
UM, DOES ANYBODY HAVE ANY OTHER THOUGHTS ABOUT G HERE? UH, BECAUSE IT IS DIFFERENT THAN WHAT'S OVER THERE RIGHT NOW.
I CHANGED TO BEGIN BECAUSE OF, I HAVE, I HAD A NOTE ON THERE.
AND UNFORTUNATELY WITH THE NOTE, I CAN'T HAVE BOTH.
SO I, BECAUSE WHAT I SAW WAS THE OLD ONE, I KNEW IT WAS DATED, SO IT ELIMINATED THE NEED.
I CAN PULL UP WHAT'S CURRENT IF THAT'S WHAT YOU'RE AT.
OH NO, THE ONE THAT'S CURRENT IS SUCH A MINOR CHANGE.
I WAS TRYING TO GO INTO THE, UM, THE ACTUAL, UH, UH, VIRGINIA UNIFORM, UM, BUILDING CODE, THE STATEWIDE CODE AND PULL THAT, THAT, THAT'S ALL.
AND HERE'S YOUR HOME OCCUPATIONS.
UM, ARE THERE ANY CHANGES? I DON'T THINK SO.
I WAS GONNA HIT SAVE ON THIS ONE.
WE CAN MOVE TO 10, 10 IS EVEN SHORTER AND WE DON'T HAVE TO DO THE END OF IT.
ALL THE TABLES WE DON'T HAVE TO WORRY ABOUT.
BUT YOU SAID THEY'RE GONNA BE RIGHT.
WERE YOU WRITING THIS WHOLE THING? NO, THE, JUST THE TABLE.
THEY'RE GONNA FILL IN THE TABLES FOR US.
AND JUST TAKE ANOTHER LOOK AT IT.
BUT THIS IS A MODEL ORDINANCE FROM THE LOCAL GOVERNMENT ATTORNEYS.
UM, THEY'RE ENCOURAGING, UH, MUNICIPALITIES ALL OVER THE COMMONWEALTH TO ADOPT THIS, THIS LIKE, OR THEY PUT IT OUT THERE LIKE THIS IS ALL OF US ATTORNEYS HAVE BLESSED THIS.
UM, THE COMMENTS I THINK MOSTLY IN HERE ARE REFERENCES WERE WRONG.
SIMILARLY BEFORE, I'LL JUST BE SCROLLING.
I THINK THE SIGNS ARE JUST, THIS WOULD BE NEW.
WHAT ARE THEY, WHAT ARE THEY NOT WHEN NEED TO GET A PERMIT FOR 'EM? WHEN DO THAT NEED 2.3 0.2 THERE? YES.
IT WOULD NEED TO BE FILLED IN.
SHOULD WE FILL IN TONIGHT? UH, WE, I I DON'T KNOW THE ANSWER.
WHAT? I DON'T KNOW THE ANSWER TO THOSE.
WHAT SHOULD BE, SO TYPICALLY YOUR CONFERENCE ASSIGNED PLANS, UM, ARE WITH LIKE YOUR P AND D WITH UH, LIKE A VERY LARGE DEVELOPMENT, UH, FOR COMMERCIAL LIKE SHOPPING CENTERS.
WOULD THE SIGN AT THE BEGINNING AT THE ENTRANCE OF A RESIDENTIAL NEIGHBORHOOD CAMP, LIKE WHERE WE SAW IT'S OFF OF
UM, IS THAT MARSHALL'S PLAN? THERE'S ONE, THEY TALKED ABOUT HAVING A SIGN RIGHT AT THE ENTRANCE.
BUT THEY, THEY OFFERED THEIR ENTRANCE.
THEY DID JUST A, THAT'S JUST A, THAT'S JUST A BROWN, RIGHT.
SO I WASN'T SURE WHERE THE SO TYPICALLY THIS IS, YOU SEE THIS IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS, UM, TO NOT JUST HAVE A, SO LIKE IN IN LIKE THEY HAVE THE GREEK CHECK BOX AND ALL THE SIGNS.
SO DO WE WANT TO PUT IN C ONE, C TWO? I ONE? I 2D AND D AND D.
I DON'T EVEN KNOW THAT YOU WOULD DO,
[02:00:11]
UH, I'M SORRY.UM, SO NO FOR THE MCDD PART OF THE ORAL SITE PLAN ONE FOR P AND D, THERE'S NO PD IN TOWN.
UM, YEAH, I WOULD JUST, I THINK YOU'RE SAFE TO FIX THAT AND THEN GIVE ME SOME TIME TO THINK ABOUT IT AND I'LL SEE WHAT SUMMIT COMES BACK WITH TOO.
THE SAME FOR THE BLANK BELOW IT? YEAH.
UM, I FIND IT SOMEWHAT ABUSING SIGNS ATTACHED TO NATURAL VEGETATION.
SO YOU'RE NO TRESPASSING SIZE STAPLES TO A TREE? NO.
WELL LOOK, YOU'RE NOT MY ADDRESS NUMBER NAILED TO THE TREE AND THEN MY NO TRACK.
SO ACTUALLY TO THAT NOTE, DO WE WANT THIS? UM, I MEAN, IS IT A PROBLEM? THANK YOU.
MY OH, WHERE IN TOWN? THERE'S SOME PROPERTIES WHERE I COULD SEE IT.
YOU DRIVE AROUND A NEIGHBORHOOD.
DO YOU WANNA SEE A BUNCH OF TREES WITH SIGNS NAILED TO 'EM? NO.
IT'S KIND OF CUTE WHEN YOU GO UP THE ALLEY THERE FROM, UH, FROM POLK TO THAT'S A STRETCH
THERE IS A SIGN THERE ATTACHED TO A TREE THAT HAS THE ALLIED MAP OF VIRGINIA.
I MEAN IT EITHER HAS SOMEBODY'S NAME OR A NUMBER ON IT, BUT IT'S KIND A SMALL TOWN CHARM.
I THINK THERE'S NOTHING WRONG WITH IT.
AND AT THE END OF THE DAY, IF SOMEBODY HAS IT, IT'S ONLY IF THERE'S SOME SORT OF COMPLAINT.
IF THERE'S SOMETHING INTRUSIVE ABOUT IT, SOMEONE'S GONNA SAY.
AND THAT'S THING TOO, WITH SOMETHING LIKE THAT, I MEAN FREEDOM OF SPEECH AND EXPRESSION AND HAVING A HOUSE NUMBER.
THE FIRE DEPARTMENT FUNDS, YOU MAY NOT LIKE WHAT SOMEBODY PUTS ON THEIR NUMBER.
IS IT REFERRING TO ADVERTISING? UH, NO.
IT'S JUST AN OVERALL PROHIBITION.
NO, CURRENTLY WE DO NOT ALLOW SIGNS IN THE RESIDENTIAL DISTRICT ADVERTISING SIGNS.
I'M JUST SAYING UNDER PERMITS NOT REQUIRED UNDER FOUR D ON RESIDENTIAL PROPERTY.
ONE OR MORE TEMPORARY SIZE WITH A TOTAL AREA OF NO MORE THAN 12 SQUARE FEET.
I LIKE THAT LADY THAT DOES THOSE GIANT BIRTHDAY CARDS THAT THEY STICK IN THEIR YARD BUT TECHNICALLY ARE IN VIOLATION.
ALRIGHT, SO THEN WE'RE ALLOWING A RESIDENTIAL PROPERTY WINDOW SIGNS.
DO YOU WANNA CRY? 10? UH, 0.6 THERE.
WE HAVE PC, UH, THAT IS BEEN FIXED AS PROVIDED IN CHAPTER SIX.
THE NAME OF THE BOOK WAS BELONG TO VOTING, VOTING REGULATIONS.
IT HAD A DIFFERENT THING IN THERE.
IT'S GENERAL REQUIREMENTS DON'T BE THIS IS, UM, BUT THIS, THIS, WELL THIS IS ACTUALLY THANKS DATA CENTERS A LITTLE BIT TO WORK ON DARK SKY COMPLIANCE UPDATE.
DON'T WE READ THROUGH IT? YEAH.
WE HAVE TO READ THROUGH THIS BECAUSE ON OUR DEFINITION OF THE SIDE, YOU KNOW, NOW YOU GET INTO WHERE PEOPLE UM, IN THE PAST HAVE LARGE SKELETON DISPLAY IN THEIR YARDS.
TECHNICALLY THOSE ARE SIGNS 'CAUSE THEY ATTRACT YOUR ATTENTION FROM THE PUBLIC RIGHT OF WAY.
BUT TECHNICALLY HAVE TO GO OUTSIDE SOMEBODY FOR STATE DRIVE COUNSEL THERE FOR HALLOWEEN.
WELL, I DON'T MIND HALLOWEEN, BUT TWO MONTHS AFTER HALLOWEEN.
I MEAN, WE DO, YOU KNOW, DECORATE
[02:05:01]
EVERY HOLIDAY DAY.WELL SANTA HAD ON EASTER
SO, AND YOU, YOU'VE GOT PEOPLE THAT
SO THERE'S DEFINITELY A REVIEW OF THIS THAT YOU SAID.
YEAH, I THINK SO BECAUSE THEY DON'T WANNA MAKE IT SO THAT EVERYTHING CAN BE CALLED AND ACTUALLY MEET THAT NEEDS TO BE ACTED ON.
I I'M SURE IT'S, IT'S NOT A GOOD USE OF STAFF TIME TO BE GOING OUT AND LOOKING AT HALLOWEEN DECORATIONS AS FAR AS YOUR SKELETON.
WELL CAN WE JUST LEAVE THIS, JUST LEAVE THIS TO YOU GUYS AND YOU CAN COME BACK.
WELL THERE'S MORE, BUT THEY SAID THEY WERE GONNA REVIEW IT.
YOU GONNA REVIEW THE REST OF THIS OR ARE WE DONE IS WHAT I'M SAYING? OR YOU WANT TO STACK THEM, REVIEW THE REST? NO, SCROLL THROUGH TO SEE IF THERE'S ANYTHING ELSE.
YOU GOTTA THAT WAS A REFERENCE WRONG.
WELL, IT'S NOT LIKE IT IS UHUH.
UM, NOW WE'RE TO THE TABLES AND WE'RE DONE.
SO WE, WE WERE EFFECTIVELY THROUGH IT.
WE DO THAT EVERY ONCE IN A WHILE.
ANY SIGN APPLIED DIRECTLY AND ENTIRELY TO AND FLUSH WITH THE ASPHALT.
WELL THAT WAS NOW PAY OUR LEADS ON THE GROUND.
SEE PART OF THE PROBLEM WITH THE SIGN, WE, WE WE'RE NOT GONNA BE ADAPTED AT KNOWING WHAT SHOULD GO IN THERE.
US SITTING HERE SINCE THAT'S WHY YOU NEED THE EXPERTS TO LOOK AT THIS.
HOW MANY PERMITS? WE DO IT ON THE WEEKEND ACCORDING TO WORKS.
OKAY, WELL THANK YOU VERY MUCH FOLKS.
WE MADE IT THROUGH THE DOCUMENT.
I KNOW WITH ALL THE DATA CENTER STUFF, WE DID ALL THAT WORK GETTING INTO IT, BUT SOME OF THE WORK, UM, THE DATA CENTER WORK WAS A BUNCH OF PIECES.
LIKE THERE WAS A NOISE AND SOUND STUDY, WHICH IS PROPAGATED INTO OUR DOCUMENT HERE WE'RE WORKING ON.
UM, THE VIBRATION WAS THE SAME.
DARK SKY COMPLIANCE WAS ANOTHER THING JUST PROPAGATED INTO THIS DOCUMENT.
SO NOT ALL THAT WAS LOST IS ALL TRYING TO SAY.
AND OTHER JURISDICTIONS ARE ACTUALLY USING IT AS KIND A MODEL AND THEY'RE BASING WHAT WE DID NOT ADOPT.
UM, SO THEY JURISDICTIONS ARE USING OUR ORDINANCE.
UM, IT WAS A GREAT ORDINANCE, GOOD ORDINANCE AND IT'S A SHAME THAT IT WASN'T USED AS AN EXAMPLE.
BUT, UM, THERE ARE OTHER JURISDICTIONS THAT ARE USING AS A MODEL.
SO GO, GO READ THE IS NOT, YOU SEE SIMILARITIES.
I WAS WILLING OKAY, MOVE TO ADJOURN.