[00:00:02]
>> IT'S SIX O'CLOCK, EVERYBODY.
[ MARANA PLANNING COMMISSION MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 30, 2024, at or after 6:00 PM Thomas Schnee, Chairman Ronald Hill, Vice Chair David Bowen, Commissioner John Flint, Commissioner John McIntyre, Commissioner Joseph Parsons, Commissioner Sharon Tyson, Commissioner Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Planning Commission and to the general public that the Planning Commission will hold a meeting open to the public on October 30, 2024, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COMMISSION ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. Marana Planning Commission Welcome to this public meeting of the Marana Planning Commission. The Commission consists of seven citizens who are appointed by the Town Council and serve without pay. For the most part, the Commission acts in an advisory capacity to the Town Council on matters related to land use planning and zoning. Citizens are encouraged to address the Commission with their concerns on agenda items during the public testimony portions of the meeting, or other issues at the Call to the Public. Meeting Times Regular Commission meetings are usually held on the last Wednesday of each month at 6:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Speaking at Meetings If you are interested in speaking to the Commission during the Call to the Public or Public Hearings, you must fill out a speaker card (located inside the Council Chambers) and deliver it to the Planning Commission Secretary prior to the convening of the meeting. All persons attending the Commission meeting, whether speaking to the Commission or not, are expected to observe the Commission rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the Agenda are available the day of the meeting inside the Council Chambers or online at www.maranaaz.gov. This Notice and Agenda posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov. Public Comments Please submit public comments to tbyler@maranaaz.gov. Any submitted comments from the public will be provided to the Commission and included within the Commission packet file and a summary of the comments submitted will be reflected in the official Commission meeting minutes of that meeting. All emailed comments must be received by the Town no later than 12:00 p.m. (noon) on the day of the meeting to be included. ]
I'M JUST GOING TO GO AHEAD AND CALL THIS TO ORDER.PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE AND A MOMENT OF SILENCE.
>> MS. BYLER, CAN I GET A ROLL CALL, PLEASE?
WE'LL OPEN IT UP TO THE PUBLIC IF YOU WANT TO TALK ABOUT ANYTHING THAT'S NOT ON THE AGENDA TONIGHT.
CLOSED. BEFORE WE DO THE APPROVAL OF AGENDA, I WOULD LIKE TO MOVE THE COMMISSION ACTION, WHICH IS C1 AHEAD OF THE PUBLIC HEARING.
CAN I GET A MOTION TO APPROVE?
>> APPROVAL OF THE AGENDA. ALL IN FAVOR?
>> OPPOSED. GREAT. ANY ANNOUNCEMENTS?
>> NONE THIS EVENING, MR. CHAIR.
>> THANK YOU. MOTION TO APPROVE THE SEPTEMBER 25TH MINUTES.
THIS IS THE SUBDIVISION REQUIREMENT IN TANGERINE KLOS DRIVE. SCOTT, YOU ARE UP.
>> GOOD EVENING, MR. CHAIR, MR. VICE CHAIR, AND COMMISSIONERS.
[LAUGHTER] LET ME DO THIS AGAIN.
MR. CHAIR, MR. VICE CHAIR, AND COMMISSIONER IS ALWAYS A PLEASURE.
TONIGHT, I'VE GOT PCM2409001, WHICH IS TANGERINE KLOS DRIVE UTILITY WAIVER.
THE APPLICANT IS TRISH WAWRZYNEK REPRESENTING THE PROPERTY OWNER ALHAURIN LLC.
THE REQUEST IS A WAIVER FROM THE REQUIREMENT TO UNDERGROUND THE EXISTING OVERHEAD ELECTRICAL POWER LINES WITHIN THE ADDRESS SHOWN, 12322 NORTH KLOS DRIVE.
IT'S CONSIDERING WHAT THEY WANT TO PLAT LOTS 1-3 SUBDIVISION.
THE TOWN CODE SECTION 17-5-3(B)(15) REQUIRES OVERHEAD LINES ON SITE AND ADJACENT TO NEW DEVELOPMENT TO BE UNDERGROUND, BUT THE PLANNING COMMISSION MAY WAIVE THE REQUIREMENT.
THE LOCATION, AS SHOWN HERE ON THE MAP IS JUST NORTH A LITTLE WAYS, ABOUT A THIRD OF A MILE, I THINK, NORTH OF TANGERINE ROAD.
I DID PROVIDE A LITTLE RECORD OF A SURVEY HERE THAT WAS IN YOUR PACKET.
IN MY STAFF REPORT, I JUST WANTED TO MAKE A CORRECTION.
COMMISSIONER BOWEN CALLED AND ASKED WHAT WAS GOING ON WITH IT.
IT SAID ON THE EAST SIDE OF LOT 3 THERE, WHICH I MEANT WEST SIDE.
BUT IT IS RUNNING, YOU CAN SEE THAT LINE RIGHT HERE, IT'S RUNNING UP THE LOT 2 AND 3, AND THAT IS THE ONE THAT THEY WANT TO GET A WAIVER TO NOT HAVE TO UNDERGROUND THAT.
PART OF THE PACKAGE AS WELL, I DID PROVIDE A LETTER OR WAS A BALLPARK ESTIMATE FROM TRICO ELECTRIC, AND THEY HAD MADE A STATEMENT IN THERE THAT THEY DID NOT FEEL IT WAS NECESSARY TO UNDERGROUND THAT WHEN THEY DID GET SOME ESTIMATES FOR SOME OF THE UTILITIES UP IN THAT AREA.
TONIGHT, WITH THAT BEING SAID, THIS IS A DISCRETIONARY ITEM FOR THE PLANNING COMMISSION TO CONSIDER.
[00:05:04]
PURSUANT TO MARANA TOWN CODE SECTION 17-5-3(B)(15), THE COMMISSION MAY WAIVE THE UNDERGROUNDING REQUIREMENTS IF THE APPLICANT DEMONSTRATES THAT THE UNDERGROUND INSTALLATION IS NOT FEASIBLE.>> OKAY. WE HAD TRICO TELLING US IT'S NOT TECHNICALLY FEASIBLE, CORRECT?
>> MR. CHAIR, THEY STATED, "RELOCATING AND/OR CONVERTING THE THREE-PHASE OVERHEAD LINE WOULD REQUIRE A MUCH LARGER SCOPE OF PROJECT AND IS THEREFORE NOT FEASIBLE.
TRICO WOULD LIKELY NOT CONSIDER THIS AT THIS TIME."
THERE'S PLENTY OF POWER LINES THAT LINE TANGERINE ROAD.
I THINK FROM MY PERSPECTIVE, THIS IS REMOTE ENOUGH THAT WE SHOULD GIVE THEM THE WAIVER.
THE COMMISSIONER SCHNEE SAID THAT THE QUOTE WAS TECHNICALLY FEASIBLE, BUT IT DIDN'T SAY THAT EXACTLY.
I JUST WANT A LITTLE CLARIFICATION.
IT SAID ELSEWHERE IN THE DOCUMENT THAT COST FOR THE EXPENSE OF THE PROJECT SHOULD NOT BE A FACTOR.
I WAS CURIOUS AS TO WHAT TRICO MEANT BY FEASIBILITY, FEASIBLE AT THEIR EXPENSE, AT ANYONE'S EXPENSE.
WHAT DOES THAT WORD MEAN? HOW DO YOU TAKE THAT TO MEAN IN THIS CONTEXT?
>> MR. CHAIR, COMMISSIONER BOWEN.
I'M, MYSELF, NOT TRYING TO OVERHEAD OR TRYING TO ASSESS OUTSIDE OF THE STATEMENT, OUTSIDE OF WHAT TRICO IS STATING.
WHEN THEY SAY RELOCATING AND CONVERTING THE THREE-PHASE OVERHEAD LINE WOULD REQUIRE A MUCH LARGER SCOPE OF PROJECT, AND THEREFORE, NOT FEASIBLE.
I'M ASSUMING IN TERMS OF THAT LOCATION AND WHERE THEIR CURRENT LINE IS FOR ACCESS FOR THEMSELVES AND/OR TRYING TO CONNECT FUTURE USERS, ESPECIALLY THREE HOUSES IN HERE.
I WOULD THINK THAT IF IT WAS ON A LARGER SCOPE, SUCH AS A LARGER SUBDIVISION, WHERE YOU'RE GOING TO HAVE MULTIPLE HOUSES AND STREETS AND YOU'RE GOING TO HAVE A LOT MORE INVOLVED, THEN IT MAY BE A LITTLE BIT MORE FEASIBLE TO DO THAT.
I WOULD SAY IN COST IN BOTH SIDES, BUT I MEAN, FOR ME TO LOOK AT THEM SAYING THAT PROBABLY WOULD BE, AS THEIR LINE GUYS, PROBABLY WOULD SAY, IF IT FALLS DOWN, IT WOULD BE EASY TO JUST ACCESS IT RIGHT THERE, PUT SOMETHING BACK UP.
I CAN'T PUT WORDS IN THEIR MOUTH BY ANY MEANS.
>> I SUPPOSE THAT'S RIGHT. IF THEY MEANT THAT IT WAS TOO EXPENSIVE, THEY COULD HAVE USED DIFFERENT WORDS.
THEY SAID FEASIBLE, IT JUST SOUNDS LIKE THEY'RE SAYING, WE'RE NOT GOING TO DO THIS, IT'S TOO MUCH WORK FOR TOO LITTLE.
>> IF I MAY JUST STATE, WHEN THEY'RE GETTING A BALLPARK ESTIMATE, AND I THINK THE APPLICANTS THAT WANTED TO SAY, HEY, LOOK, WE'LL DO WHAT WE NEED, IF YOU REQUIRED IT.
I THINK IF THEY WOULD HAVE SAID, HEY, WE WANT YOU TO UNDERGROUND IT, I'M SURE THAT THEY WOULD BE MORE THAN HAPPY.
THEY WANT TO BUILD THREE HOUSES.
IT WOULD BE VERY EXPENSIVE, BUT I'M JUST SAYING, I THINK THEY WOULD HAVE DONE THAT FROM SPEAKING WITH THEM.
I JUST THINK WHEN THE ELECTRIC COMPANY IS SAYING, LOOK, WE'D RATHER YOU NOT FOR WHATEVER REASON.
>> IT'LL GO LOW ON OUR PRIORITY LIST, IF YOU DO WANT.
OH, AND THE BALLPARK ESTIMATE, THE ACTUAL COST.
I DIDN'T EVEN SEE AN ACTUAL COST, IT WAS BLANK.
THEY SAID THE BALLPARK FOR THIS WOULD BE 10,000 TOTAL.
>> THAT SEEMED UNREASONABLE [OVERLAPPING] THE ENTIRE LINE FOR $10,000.
IT CAN'T EVEN BE IN THE BALLPARK OF WHAT IT WOULD COST TO DO THAT KIND OF A JOB. THANK YOU.
>> ANY MORE DISCUSSION, COMMENTS? I MOVE TO APPROVE PCM2409001, A REQUEST TO WAIVE THE SUBDIVISION REQUIREMENT TO PLACE UNDERGROUND EXISTING OVERHEAD ELECTRICAL UTILITIES WITHIN THE 12322 NORTH KLOS DRIVE, LOTS 1-3 SUBDIVISION.
[00:10:07]
>> CAN I GET A ROLL CALL, PLEASE?
>> FOR ACTION ITEMS, WE DON'T NEED A ROLL CALL.
>> OPPOSED. MOTION PASSES. THANK YOU.
MS. FARRELL, WHENEVER YOU'RE READY, GO AHEAD.
>> CHAIRMAN SCHNEE, VICE CHAIR HILL, MEMBERS OF THE COMMISSION.
THIS FIRST ITEM, I DON'T HAVE A POWERPOINT FOR IT.
THERE WAS A BILL PASSED IN THE LAST LEGISLATIVE SESSION, SENATE BILL 1162, WHICH REQUIRES MUNICIPALITIES TO ADOPT AN AMENDMENT TO THE MUNICIPALITIES ZONING CODE ON OR BEFORE JANUARY 1ST, 2025, ESTABLISHING CERTAIN SPECIFIED TIME FRAMES FOR REVIEW OF ZONING APPLICATIONS.
SO THE PROPOSED ORDINANCE WOULD DO JUST THAT, EXACTLY WHAT THE STATE LAW REQUIRES.
IT REQUIRES THAT WE HAVE TO DETERMINE WHETHER A ZONING APPLICATION IS ADMINISTRATIVELY COMPLETE WITHIN 30 DAYS AFTER RECEIVING THE APPLICATION.
IF IT'S NOT, THEN WE NEED TO PROVIDE WRITTEN COMMUNICATION TO THE APPLICANT WITH THE LIST OF DEFICIENCIES.
WHEN A APPLICATION IS RESUBMITTED, THEN WE WOULD HAVE 15 DAYS TO DETERMINE IF IT'S ADMINISTRATIVELY COMPLETE, AND YOU WOULD GO BACK AND FORTH THROUGH THAT PROCESS UNTIL IT'S DETERMINED TO BE COMPLETE.
ONCE THE TOWN HAS AN ADMINISTRATIVELY COMPLETE APPLICATION, THE COUNCIL HAS 180 DAYS TO TAKE ACTION ON EITHER APPROVING OR DENYING IT.
THEN THERE ARE SOME PROVISIONS FOR EXTENSIONS OF THAT TIME FRAME BASED ON EXTENUATING CIRCUMSTANCES, WHICH THE STATE LAW DOESN'T DEFINE FOR US, OR BASED ON REQUESTS FROM THE APPLICANT.
THEN THERE'S A FEW SITUATIONS WHERE THIS TIME FRAME WOULD NOT APPLY, AND THAT IS IN AREAS THAT ARE OF HISTORICAL SIGNIFICANCE PER STATE STATUTE, AN AREA THAT IS DESIGNATED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES, OR LAND THAT IS ALREADY ZONED AS A SPECIFIC PLAN.
IF APPROVED BY THE COUNCIL, THE PROPOSED ORDINANCE WILL BE EFFECTIVE ON JANUARY 1ST, 2025.
WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.
>> [LAUGHTER] THE QUESTION I HAD IS, THIS HAD ITS ORIGIN SOMEWHERE FOR SOME REASON.
HAVE WE BEEN ACCUSED OF FOOT-DRAGGING IN THE TOWN OF MARANA? IS THIS GOING TO CHANGE ANY OF THE WAY THAT WE APPROVE CHANGES FOR ZONING?
>> MR. CHAIR, MR. VICE CHAIR, COMMISSIONER BOWEN, NO, WE HAVE NOT.
WE THINK THAT IT WON'T BE ANY PROBLEM FOR US TO COMPLY WITH THESE CONDITIONS.
I THINK WE ALREADY MEET OR EXCEED THESE TIME LIMITS.
IF IT'S LAW, IS IT JUST THE WORDING OF OUR CHANGE TO OUR CODE THAT WE'RE APPROVING TONIGHT? BECAUSE I MEAN, IT'S LAW, IT'S GOT TO TAKE PLACE, RIGHT?
>> MR. CHAIR, VICE CHAIR HILL, COMMISSIONER BOWEN.
[LAUGHTER] SORRY. WHAT THE STATE LAW SPECIFICALLY SAYS IS THAT MUNICIPALITIES SHALL ADOPT AN ORDINANCE AMENDING THEIR ZONING CODE.
>> TO ADD THESE THINGS. SO THAT'S WHAT WE'RE DOING.
>> [OVERLAPPING] TO MR. ANGEL, THE STATUTE ALSO REQUIRES MUNICIPAL HOUSING NEEDS ASSESSMENT AND ANNUAL REPORT BEGINNING IN JANUARY 2025.
WHAT'S THE LEVEL OF EFFORT THAT THAT'S GOING TO BE?
>> MR. CHAIRMAN, COMMISSIONER FLINT, WE'RE ACTUALLY RIGHT IN THE MIDDLE OF GETTING GOING ON THAT.
ONE, WE ARE WORKING WITH THE LEAGUE OF CITIES AND TOWNS.
THEY HAVE A CONSULTANT ON BOARD THAT'S GOING TO SATISFY ONE PORTION OF THE HOUSING REPORT THAT'S REQUIRED, AND IT'LL ACTUALLY BE DELIVERED TO THEM AROUND THE FIRST OF THE YEAR.
THE OTHER PART, MR. TAYLOR AND MYSELF, ACTUALLY, TODAY, JUST APPROVED THE PROPOSAL THAT WE RECEIVED FROM A CONSULTANT THAT IS ACTUALLY WORKING WITH THE COUNTY, PIMA COUNTY, AND THE CITY OF TUCSON AS WELL, SO WE'RE GOING TO TAKE MORE OF A REGIONAL APPROACH TO DO THE FIVE-YEAR HOUSING ASSESSMENT THAT IS NEEDED THERE.
[00:15:02]
THAT'LL DO A LITTLE DEEPER DIVE THAN THE ANNUAL REPORT THAT IS REQUIRED.>> ALL RIGHT. THIS IS ANOTHER ELEMENT OF THE PLANNERS RETIREMENT ACT?
>> OKAY. THANK YOU. [LAUGHTER]
ANY OTHER QUESTIONS? I'LL MAKE THE MOTION.
I MOVE TO RECOMMEND APPROVAL OF THE PROPOSED ORDINANCE REVISING MARANA TOWN CODE TITLE 17 TO ADD PROVISIONS ESTABLISHING REVIEW TIME FRAMES FOR ZONING APPLICATIONS TO THE TOWN COUNCIL.
>> MS. BYLER, WE'LL DO A ROLL CALL THIS TIME. [LAUGHTER]
NEXT SUBJECT, ACCESSORY DWELLING UNITS.
>> CHAIR SCHNEE, VICE CHAIR HILL, MEMBERS OF THE COUNCIL, THIS IS ANOTHER BILL THAT WAS PASSED IN THIS LAST LEGISLATIVE SESSION THAT REQUIRES ACTION BY JANUARY 1ST, 2025.
HOUSE BILL 2720 REQUIRES ALL MUNICIPALITIES WITH A POPULATION OF MORE THAN 75,000 TO ADOPT REGULATIONS ALLOWING ACCESSORY DWELLING UNITS ON ANY LOT OR PARCEL WITHIN A SINGLE-FAMILY DWELLING, OR PARCEL WHERE A SINGLE-FAMILY DWELLING IS ALLOWED.
THE BILL HAS LANGUAGE THAT SAYS THAT IF A MUNICIPALITY FAILS TO ADOPT SUCH REGULATIONS BEFORE JANUARY 1ST, 2025, THEN ADUS WILL BE ALLOWED ON ANY RESIDENTIAL PARCEL THROUGHOUT THE TOWN.
EVEN THOUGH THE TOWN ISN'T AT 75,000 YET IN POPULATION, AND WE WILL BE SHORTLY IN A FEW YEARS, BUT ALSO JUST THE VAGUE WORDING OF THE STATUTE THAT SAID WE HAVE TO HAVE SOMETHING ON THE BOOKS BEFORE JANUARY 1ST, 2025, OR ELSE ADUS WILL BE ALLOWED EVERYWHERE, I DECIDED TO PROCEED WITH CAUTION AND PUT SOMETHING ON THE BOOKS BEFORE JANUARY 1ST, 2025, BUT THAT WON'T GO INTO EFFECT UNTIL WE HIT THE 75,000 NUMBER.
THAT'S WHAT'S BEFORE YOU TONIGHT, IS THIS NEW ORDINANCE TO ADDRESS THE ACCESSORY DWELLING UNITS.
IT HAS ALL OF THE ELEMENTS THAT ARE REQUIRED BY HB 2720, SO IT'S ONE OF THOSE THINGS, COMMISSIONER BOWEN, WHERE THIS IS WHAT THE STATE LAW SAYS, AND WE'RE PUTTING IT INTO OUR CODE BECAUSE IT SAYS WE HAVE TO.
OUR CODE WILL USE THE SAME DEFINITIONS AS THEY ARE FOUND IN THE NEW LAW FOR A NUMBER OF THINGS ON THIS SLIDE.
I JUST PUT THE MOST IMPORTANT ONES, WHAT AN ACCESSORY DWELLING UNIT IS, A SELF-CONTAINED LIVING UNIT WITH VARIOUS ELEMENTS INCLUDED.
A PERMITTED USE MEANS IT'S APPROVED WITHOUT HAVING TO GO THROUGH ANY PROCESS.
THERE'S NO PUBLIC HEARING, THERE'S NO SPECIAL USE PERMIT, CONDITIONAL USE PERMIT, ANYTHING LIKE THAT.
A RESTRICTED AFFORDABLE DWELLING UNIT, WHICH WE'LL GET TO IN A MINUTE IS A DWELLING UNIT THAT'S GOING TO BE RENTED TO HOUSEHOLDS EARNING UP TO 80% OF THE AREA MEDIAN INCOME.
THERE'S A FEW OTHER DEFINITIONS, BUT THOSE ARE THE MAIN ONES.
THIS SECTION PER STATE LAW WILL ALLOW ONE ATTACHED AND ONE DETACHED ADU AS A PERMITTED USE ON ANY SINGLE-FAMILY LOT OR PARCEL THAT CONTAINS A PRIMARY DWELLING.
IT WILL ALSO ALLOW AN ADDITIONAL ADU ON A ONE-ACRE OR LARGER LOT, AS LONG AS ONE OF THE ADU IS THAT RESTRICTED AFFORDABLE LEVEL THAT WE JUST MENTIONED.
LIMITS THE SIZE OF ADU TO THE LESSER OF 75% OF THE GROSS FLOOR AREA OF THE PRIMARY RESIDENCE, OR 1,000 SQUARE FEET.
REQUIRES ADUS TO MEET THE SETBACKS OF THE APPLICABLE ZONING DISTRICT FOR ACCESSORY BUILDINGS, EXCEPT THAT PER STATE LAW, IT SETS THE REAR AND SIDE SETBACKS AT FIVE FEET.
REQUIRES ADUS TO MEET THE HEIGHT LIMIT FOR A SINGLE-FAMILY DWELLING WITHIN THE APPLICABLE ZONING DISTRICT AND THE LOT COVERAGE REQUIREMENTS WITHIN THE APPLICABLE ZONING DISTRICT.
[00:20:03]
IT ALLOWS AN ADU TO BE USED FOR A SHORT-TERM RENTAL, AN AIRBNB, OR VRBO, ONLY IF THE OWNER RESIDES ON THE PROPERTY THAT CONTAINS THE ADU.ACTUALLY WE'RE GOING TO PUT THAT PROVISION, NOT ONLY IN THE ZONING CODE HERE UNDER 17-6-14, BUT THAT WILL ALSO GO INTO OUR SHORT-TERM RENTAL CODE IN CHAPTER 9.
IN FACT, THAT'S GOING TO BE ON THE COUNCIL'S AGENDA IN NOVEMBER, SO WE'LL GET THAT ONE GOING RIGHT AWAY.
THE NEW SECTION ALSO PROHIBITS ADUS FROM BEING BUILT ON A PUBLIC UTILITY EASEMENT UNLESS THE UTILITY PROVIDER ALLOWS IT, AND THEY'RE ONLY ALLOWED ON LOTS AND PARCELS WHERE THE TOWN DETERMINES THAT ADEQUATE PUBLIC UTILITY SERVICES ARE AVAILABLE AND THAT ALL OF THE BUILDING CODES, FIRE CODES, PUBLIC HEALTH AND SAFETY REGULATIONS WILL BE MET.
AGAIN, THOSE ARE ALL THE THINGS THAT THE STATE LAW SAID WE COULD SAY ABOUT ADUS.
WE MADE IT AS RESTRICTIVE AS WE'RE ALLOWED TO.
THE NEW SECTION IN THE ADUS' REQUIREMENTS ARE NOT APPLICABLE TO ANY OF THE LISTED PIECES OF LAND THAT WE HAVE HERE, TRIBAL LAND, LAND NEAR DIFFERENT TYPES OF AIRPORTS.
OUR AIRPORT IS A GENERAL AVIATION AIRPORT, SO IT WOULD APPLY TO ANYTHING THAT IS THERE.
WE ALSO ARE GOING TO UPDATE THE CODE, THE USE MATRIX AND THE CONDITIONS PER USE MATRIX TO ADD ACCESSORY DWELLING UNIT AND SHOW THAT IT CAN BE PERMISSIBLE IN THE AG AND ALL OF THE RESIDENTIAL AND COMMERCIAL, EVERYTHING EXCEPT FOR INDUSTRIAL ZONES.
IF CONDITIONS ARE MET, AND THEN THE CONDITIONS THAT MUST BE MET ARE THAT THEY HAVE TO COMPLY WITH THE DEVELOPMENT STANDARDS THAT WE JUST DISCUSSED THAT ARE IN SECTION 17-6-14.
I'M NOT GOING TO READ ALL OF THESE, BUT THERE ARE A NUMBER OF PROVISIONS IN THE BILL THAT SAY, THERE'S A WHOLE BUNCH OF OTHER THINGS THAT THE MUNICIPALITIES CAN'T DO.
THESE THINGS WE DIDN'T FEEL IT WAS NECESSARY TO PUT IN THE ORDINANCE, WE JUST CAN'T DO THEM, AND THE STATE LAW SAYS THEY'RE PROHIBITED, SO WE WON'T DO THEM.
BUT THEY DIDN'T NEED TO ACTUALLY GO INTO OUR CODE.
YOU CAN SEE THERE'S QUITE A BIT, EIGHT THINGS THERE LISTED.
FINALLY, THERE IS ANOTHER BILL THAT WAS ADOPTED IN THE 2023 LEGISLATIVE SESSION.
THESE ARE ALL RELATED, THEY'RE ALL THESE HOUSING AND ZONING BILLS THAT ARE JUST BEING INTRODUCED IN THE LAST FEW SESSIONS.
IT REQUIRES THE TOWN TO CONSIDER A HOUSING IMPACT STATEMENT REGARDING THE IMPACT OF ANY ZONING ORDINANCE TEXT AMENDMENT OF GENERAL APPLICABILITY.
THIS IS THE FIRST ONE THAT WE'VE HAD SINCE THAT WENT INTO EFFECT, AND THERE IS A PROPOSED HOUSING IMPACT STATEMENT IN YOUR PACKET, WHICH I HAD PREPARED BY FRANK CASSIDY, OUR FORMER TOWN ATTORNEY.
FRANK HAS BEEN REPRESENTING THE LEAGUE OF CITIES AND TOWNS UP AT THE STATE LEGISLATURE THESE LAST COUPLE OF YEARS AS THEY'VE BEEN GOING THROUGH ALL OF THESE HOUSING AND ZONING BILLS, AND HE HAS TESTIFIED IN COMMITTEE AND THOSE TYPES OF THINGS.
I ASKED HIM TO TAKE A LOOK AT THIS, AND SO THAT HOUSING IMPACT STATEMENT JUST STATES THAT IF ANYTHING, IT SHOULD HAVE THE EFFECT OF MAKING HOUSING MORE ATTAINABLE IN MARANA.
STAFF RECOMMENDS THAT THE PLANNING COMMISSION RECOMMEND APPROVAL TO THE TOWN COUNCIL.
IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO TRY TO ANSWER THEM.
>> PER OUR CONVERSATION ON MONDAY, IF YOU LIVE IN AN HOA, THEY CANNOT PUT ONE OF THESE HOMES IN AN HOA LOT, CORRECT?
>> CHAIR SCHNEE, THE HOA WOULD STILL BE ABLE TO DO WHATEVER ITS CC&RS SAY.
THESE ARE PROHIBITIONS AGAINST WHAT THE TOWN CAN DO IN ITS ZONING ORDINANCE OR REQUIREMENTS FOR THE TOWN TO DO CERTAIN THINGS IN ITS ZONING ORDINANCE.
>> THAT WAS THE FIRST THING THAT MY WIFE ASKED ME.
>> CHAIRMAN SCHNEE, YOU ANSWERED. HOW DID THIS INTERACT WITH HOAS? I'M TELLING THEM THAT THEY DON'T HAVE TO FOLLOW ANY DESIGN REQUIREMENTS, SO THEY CAN PAINT IT ANY COLOR THAT THEY WANTED, AND SO IT WOULD PROBABLY NOT FLY IN SOME PLACES.
[00:25:01]
WHAT IS SHORT TERM? I KNOW THAT'S DEFINED SOMEWHERE ELSE IN THE CODE, BUT HOW DO YOU DEFINE SHORT-TERM BRIEFLY?>> CHAIRMAN SCHNEE, VICE CHAIR HILL, COMMISSIONER BOWEN, I HONESTLY CAN'T REMEMBER OFF THE TOP OF MY HEAD.
IT IS DEFINED IN STATE STATUTE, WHAT A SHORT-TERM RENTAL IS.
I CAN'T REMEMBER IF IT'S 30 DAYS OR LESS.
>> IT'S STATE STATUTE DEFINES THAT, DID YOU SAY?
>> THERE IS A STATE STATUTE, BUT WE ALSO HAVEN'T PUT IT INTO OUR TOWN CODE.
IT'S IN CHAPTER 9 OF OUR TOWN CODE WHERE WE REGULATE SHORT-TERM RENTALS, BUT OFF THE TOP OF MY HEAD, I WANT TO SAY 30 DAYS, BUT I CAN'T REMEMBER RIGHT NOW.
>> I JUST WAS CURIOUS. THAT'S ALL THERE WAS TO THAT. THANK YOU.
>> THANK YOU VERY MUCH. JANE, COUPLE OF QUESTIONS.
I'LL START WITH YOUR MEMO FIRST ON THE SECOND PAGE.
LET ME MAKE A OVERALL STATEMENT THAT THE PLANNING STAFF, NOT ONLY HERE IN MARANA, BUT THROUGHOUT ARIZONA AND FOR THE MOST PART, THROUGHOUT THE COUNTRY SPENT A LOT OF TIME PUTTING TOGETHER A ZONING CODE THAT IS BASED ON DATA THAT GOES TO WASTEWATER CAPACITY, STORMWATER RUNOFF, TRIPS, SCHOOLS, AMONG OTHER THINGS.
BASICALLY, WHAT THE LEGISLATURE DID WAS JUST THROW CAUTION TO THE WIND AND SAID, WELL, YOU'RE GOING TO HAVE TO DEAL WITH THIS AND ACCOMMODATE IT.
TO ME, IT JUST WREAKS HAVOC ON A ZONING CODE.
NOT THAT EVERYBODY'S GOING TO DO IT, BUT MY FIRST QUESTION, JANE, IS, WHEN YOU SAY IT DOESN'T APPLY TO A SINGLE-FAMILY LOOTER PARCEL LAND IN THE VICINITY OF, AND IT'S GOT THE FOUR ITEMS, HOW IS VICINITY DEFINED?
>> CHAIR SCHNEE, VICE CHAIR HILL, COMMISSIONER FLINT, IT IS NOT DEFINED.
>> I JUST WANT TO KNOW IF IT WAS SQUISHY OR PRETTY RIGID.
SOMETIMES ATTORNEYS LIKE SQUISHY, SOMETIMES THEY DON'T.
I KNOW JANE DIDN'T WRITE IT, BUT, I GOT THAT.
THE NEXT THING IS THAT IT SAYS PART 9461.18, THAT THE TOWN CAN'T REQUIRE ADDITIONAL PARKING TO ACCOMMODATE THE ADU.
ESSENTIALLY, WE COULD HAVE A WHOLE BUNCH OF CARS PARKED ON STREETS WHEN THERE'S NO LONGER CAPACITY ON THE SINGLE-FAMILY LOT.
>> I'M JUST LOOKING AT WHAT THE POTENTIAL THAT THIS HAS FOR NEIGHBORHOODS, AND WHEN RESIDENTS BEGIN TO COMPLAIN THAT THERE'S NOT GOING TO BE MUCH THAT THE TOWN IS GOING TO BE ABLE TO RESPOND TO OTHER THAN THANK THE FOLKS IN PHOENIX.
I WAS ABOUT TO SAY TALLAHASSEE, BUT PHOENIX. LET ME SEE.
I HAD A COUPLE OF QUESTIONS ON THE ORDINANCE.
RESTRICTED AFFORDABLE DWELLING UNIT MEANS A DWELLING UNIT THAT EITHER THROUGH A DEED RESTRICTION OR DEVELOPMENT AGREEMENT SHALL BE RENTED TO HOUSEHOLDS EARNING UP TO 80% OF THE MEDIAN INCOME.
WE'RE GOING TO HAVE A STANDARDIZED DEED RESTRICTION OR DEVELOPMENT AGREEMENT FOR THE HOMEOWNER TO FOLLOW?
>> CHAIRMAN SCHNEE, VICE CHAIR HILL, COMMISSIONER FLINT, WE DON'T DO DEED RESTRICTIONS.
THAT WOULD BE SOMETHING THAT WOULD BE DONE BY THE BUYER, SELLER.
THE HOA IS PROBABLY NOT GOING TO ALLOW IT ANYWAYS, BUT THAT'S NOT SOMETHING THE TOWN WOULD GET INVOLVED WITH.
BUT IF A PROPERTY OWNER WANTED TO ADD THE EXTRA ADUS THAT THEY CAN GET WITH THE RESTRICTED AFFORDABLE, THEN WE COULD POTENTIALLY DO A DEVELOPMENT AGREEMENT THAT WOULD REQUIRE A SET FOR THE REQUIREMENTS FOR THAT.
>> OR THE PROPERTY OWNER WOULD HAVE TO FURNISH EVIDENCE OF A DEED RESTRICTION.
THEY FILED THE DEED RESTRICTION.
THEN FURTHER TO THAT, SHALL BE RENTED TO HOUSEHOLDS EARNING UP TO 80% OF THE AREA MEDIAN INCOME.
I ASSUME FIRST OF ALL THAT SOMEBODY'S GOING TO HAVE TO BE IN CHARGE IN THE TOWN OF DETERMINING WHAT THE AREA MEDIAN INCOME IS ON AN ANNUALIZED BASIS.
>> CHAIR SCHNEE, VICE CHAIR HILL, COMMISSIONER FLINT, WE WILL HAVE TO PROBABLY USE SOME NATIONAL STANDARD, BUT SOMEBODY IN FINANCE OR IN DEVELOPMENT SERVICES WOULD HAVE TO UNDERSTAND THAT.
>> IS THAT SOMETHING THAT WE WOULD WANT TO PUT IN AN ORDINANCE SOMEWHERE SO THAT IT'S KNOWN TO THE PUBLIC WHAT THE STANDARD IS, AND JUST WHEN WE REFERENCE A CPI OR WHATEVER?
>> TO PUT WHICH THING IN AN ORDINANCE?
>> TO PUT WHATEVER STANDARD WE'RE GOING TO USE TO DETERMINE WHAT 80/% OF THE AREA MEDIAN INCOME IS.
>> CHAIR SCHNEE, VICE CHAIR HILL, COMMISSIONER FLINT, I THINK WE WOULD PROBABLY WANT TO LEAVE THAT
[00:30:01]
FLEXIBLE RATHER THAN PUTTING IT IN AN ORDINANCE, BUT WE COULD CERTAINLY HAVE A STANDARD OPERATING PROCEDURE OR A MEMO OR SOMETHING OF THAT NATURE THAT SAYS, THIS IS WHAT WE'RE GOING TO USE, BUT SOMETHING THAT WE COULD CHANGE ADMINISTRATIVELY I THINK.>> BUT, I GUESS IT'S TO THE ASSURANCE THAT EVERYBODY IS TREATED WITH THE SAME STANDARD THAN SOMEBODY REVIEWING THE APPLICATION USES ONE STANDARD, ANOTHER PERSON MIGHT BE REVIEWING ANOTHER APPLICATION USING A DIFFERENT STANDARD.
THE NEXT THING IS THAT THE ENFORCEMENT OF THE 80% OF THE AREA MEDIAN INCOME, THE OCCUPANT OF THE ADU HAS THE POTENTIAL OF EXCEEDING THAT INCOME AT SOME POINT.
>> MR. CHAIR, VICE CHAIR HILL, COMMISSIONER FLINT, I DON'T KNOW.
I THINK THAT PROBABLY THE TRUTH OF THE MATTER IS THAT IT WON'T BE THAT WHEN THEY GO IN, THAT IT'LL BE RESTRICTED AFFORDABLE, AND THEY'LL BE AT THAT INCOME LEVEL, BUT NOBODY WILL BE CHECKING AFTER THE FACT.
>> ESSENTIALLY, IF A PROPERTY OWNER COMES IN FOR AN APPLICATION TO CONSTRUCT AN ADU, THEY MAY BE GIVEN ALL THIS INFORMATION, WHETHER THEY COMPLY WITH IT OR NOT, WE MAY NEVER KNOW.
>> WELL, I THINK THAT WHEN THEY COME IN FOR THE THIRD, OR THE ONE ADDITIONAL, I SHOULD SAY, WHICH IS THE ONE THAT CAN BE ADDED IF IT'S GOING TO BE USED FOR THE RESTRICTED AFFORDABLE 80% MEDIAN INCOME, WE WOULD AT LEAST HAVE TO HAVE SOME EVIDENCE OF THAT TO BEGIN WITH BEFORE THEY COULD BUILD THAT OR HAVE THE PERMISSION TO DO THAT ADU.
BUT I GUESS WHAT I'M SAYING IS THAT IT WOULD BE DIFFICULT TO CONTINUE TO MONITOR THAT.
>> I HATE TO GET INTO PUTTING THINGS IN ORDINANCES, AND THEN IT'S AN OPERATIONAL ISSUE.
FROM AN ENFORCEMENT STANDPOINT, SOMEBODY CAN'T JUST LOOK AT IT AND SAY, OH, IT'S A VIOLATION.
WELL, ANOTHER ONE IN THE SAME VEIN IN D5 SHORT-TERM RENTAL, ACCESSOR DWELLING UNIT, MAY BE USE FOR SHORT-TERM RENTAL ONLY IF WHILE THE OWNER RESIDES ON THE PROPERTY THAT CONTAINS THE ADU.
AGAIN, THAT'S AN ENFORCEMENT ISSUE THAT WE MAY NEVER KNOW.
>> COMMISSIONER FLINT, WE WILL GET THAT INFORMATION DURING THE APPLICATION PROCESS AND REQUIRE THE APPLICANT TO SWEAR TO IT AND THAT IT'S TRUTHFUL AND ALL OF THOSE THINGS.
TYPICALLY, WHEN WE RESPOND TO SHORT-TERM RENTAL COMPLAINTS, OUR CODE ENFORCEMENT OR POLICE OFFICERS, WHOEVER IS THERE IS GOING TO LOOK TO SEE IF ALL OF THE THINGS ARE IN PLACE, BUT IT'S NOT SOMETHING THAT WE'RE MONITORING ON A REGULAR BASIS.
>> WITHIN THE PARAMETERS OF THE STATUTE, WOULD THE TOWN BE ABLE TO EITHER REQUIRE AN ANNUAL LICENSE FOR AN ADU OR AN ANNUAL AFFIDAVIT FOR AN ADU THAT THEY'RE MEETING THE CRITERIA IN THE CODE WITHOUT US KNOCKING ON THE DOOR TO FIND OUT?
>> CHAIR SCHNEE, VICE CHAIR HILL, COMMISSIONER FLINT, I THINK THAT WE COULD PROBABLY REQUIRE IT AS PART OF OUR APPLICATION PROCESS, BUT BEYOND THAT, I DON'T BELIEVE THAT WE CAN HAVE MORE STRINGENT REQUIREMENTS, AND IT MIGHT BE PUSHING THE LINE A LITTLE BIT TO REQUIRING SOMETHING THAT THE STATUTE DOESN'T ALLOW US TO REQUIRE.
>> I THINK I'M GOOD, MR. CHAIRMAN, JOHN, THANK YOU VERY MUCH.
>> MAYBE I'M MISSING SOMETHING HERE, BUT IF I WERE TO QUALIFY AND BUILD AN ACCESSORY DWELLING UNIT, AND THEN ALL OF A SUDDEN I BECAME UNQUALIFIED, HOW DO I TEAR THE BUILDING DOWN? [LAUGHTER]
>> YOU DON'T HAVE AN ANSWER FOR THAT.
>> THERE IS NO REQUIREMENT THAT WE HAVE A TENANT READY TO GO THAT CAN PROVE INCOME BEFORE WE BUILD THIS THING, IS THERE? IT CAN BE BUILT UP TO 75% OF THE SQUARE FOOTAGE OF THE EXISTING PRIMARY UNIT.
WE DON'T HAVE ANY CLUE WHO'S GONNA GO INTO IT AT THIS POINT.
>> CHAIR SCHNEE, VICE CHAIR, COMMISSIONER BOWEN, I THINK THE WAY THAT WOULD WORK, IF THEY'VE GOT THE ADUS THAT THEY'RE ALLOWED TO HAVE, THE ONE ACCESSORY DWELLING UNIT AND ONE ATTACHED AND ONE DETACHED, AND THEY COME IN FOR THE ONE ADDITIONAL THAT THEY'RE ALLOWED TO DO WITH THE RESTRICTED AFFORDABLE, AT THAT POINT, WE WOULD EITHER HAVE A DEED RESTRICTION OR A DA THAT REQUIRES IT TO BE RENTED TO SOMEBODY WHO'S AT 80% OF THE MEDIAN LEVEL.
[00:35:02]
>> I DIDN'T QUITE CATCH THAT, I KNOW YOU EXPLAINED IT IN PERFECT.
>> BUT IF I COME TO YOU AND SAY, I WANT TO BUILD AN ADU, WITHIN THE SQUARE FOOTAGE, THAT'S ACCEPTABLE, AND THE SETBACKS AND ALL LIKE THAT, CAN I BUILD IT? WILL THE TOWN SAY TO BE AT ANY POINT? WELL, WHO ARE YOU GOING TO RENT IT TO? WHAT'S THEIR INCOME?
>> YES. WHAT I'M SAYING IS THAT THEY HAVE THE ABILITY TO DO ONE ATTACHED AND ONE DETACHED.
THOSE FIRST TWO, WE WOULD NOT ASK THAT QUESTION BECAUSE IT DOESN'T MATTER. IT'S IRRELEVANT.
BUT IT'S WHEN THEY COME IN FOR THE ONE ADDITIONAL, IS WHERE IT HAS TO BE RENTED TO SOMEONE IN THAT 80% INCOME RIFLE.
WHEN THEY CAME IN FOR THE ONE ADDITIONAL, THAT'S WHEN WE WOULD ASK THOSE QUESTIONS AND GET THE DEED RESTRICTION OR ENTER INTO A DA OR WHATEVER ELSE THAT WE CAN DO TO TRY TO PROTECT OURSELVES THAT THEY WILL BE AT 80% MEDIAN INCOME.
>> IS THIS SOMETHING THAT THE HOAS IN THE AREA SHOULD BE MADE AWARE OF?
>> I DON'T HAVE ANY PROBLEM WITH THAT.
I GUESS IT'S NOT A LEGAL QUESTION, IT'S MORE OF A POLICY DISCUSSION.
>> YOU SAID THAT THEY CAN PUT ONE ADU ATTACHED WITH NO PROBLEM, AND THEN THEY HAVE TO APPLY FOR A SECOND.
>> CHAIR SCHNEE, VICE CHAIR HILL, COMMISSIONER MCINTYRE, THEY CAN HAVE ONE ATTACHED ACCESSORY DWELLING UNIT AND ONE DETACHED ACCESSORY DWELLING UNIT PER RIGHT.
AS LONG AS THEY MEET THE FLOOR SPACE AREA REQUIREMENTS AND ALL THE OTHER REQUIREMENTS.
THEY CAN HAVE TWO, ONE ATTACHED, ONE DETACHED PER RIGHT.
THEN THEY CAN ASK FOR ONE ADDITIONAL FOR RESTRICTED AFFORDABLE DWELLING.
>> CAN THEY JUST DO AN ATTACHED AND THEN APPLY FOR A DETACHED, AND IF APPLICABLE A SECOND DETACHED?
>> PEOPLE NEED TO KNOW ABOUT THAT.
>> BUT IT STILL HAS TO BE APPROVED.
WOULD IT GO THROUGH A PUBLIC HEARING?
>> CHAIR SCHNEE, SO WHEN THE ADU COMES FORWARD?
>> NO, THERE WOULD BE NO PROCESS WHATSOEVER.
THAT'S PART OF WHAT MAKING IT A PERMITTED USE MEANS.
IS THAT IT'S GOING TO BE APPROVED ADMINISTRATIVELY IF IT MEETS THE REQUIREMENTS OF THIS ORDINANCE.
BY THE WAY, JUST TO BE CLEAR, AS I SAID AT THE BEGINNING, THIS ISN'T GOING TO GO INTO EFFECT UNTIL WE HIT 75,000.
UNTIL THAT TIME, OUR CURRENT CODE IS WHAT CONTROLS.
WE JUST WANTED TO GET THIS ON THE BOOKS BEFORE JANUARY 1, 2025 SO THAT IT'S NOT EVEN MORE ADUS IN OUR TOWN.
>> I MOVE TO RECOMMEND TO THE TOWN COUNCIL ADOPTION OF THE PROPOSED TEXT AMENDMENT PERTAINING TO ADUS AS PRESENTED BY TOWN STAFF. MAY I GET A SECOND?
>> WHAT EVERYONE'S BEEN WAITING FOR? [NOISE]
>> GOOD QUESTIONS ON THE LAST SUBJECT, VERY INFORMATIVE FOR ME.
>> GOOD EVENING, MR. CHAIRMAN, COMMISSIONERS.
THIS ITEM IS A PROPOSED AMENDMENT TO TITLE 17, ESTABLISHING THE REQUIREMENTS FOR A DATA CENTER AND THE SUPPORTING REGULATIONS.
I HAVE MISS FARRELL LISTED ON THIS ONE AS WELL.
I ALSO NEED TO POINT OUT THAT ALTHOUGH HE'S NO LONGER EMPLOYED WITH US, I WON'T SAY WITH US BECAUSE THAT SOUNDS BAD, MR. CHESLAK ALSO DID QUITE A BIT OF WORK ON THIS AS WELL,
[00:40:04]
AS WE'VE BEEN WORKING ON THIS FOR ALMOST A YEAR NOW.I WANT TO MAKE SURE WE GIVE PROPS TO STEVE AND ALL OF HIS WORK THAT HE DID WITH US.
THROUGHOUT THE PRESENTATION, AS I GO THROUGH THIS, AT ANY POINT, PLEASE DON'T HESITATE TO JUMP IN AND ASK QUESTIONS.
IF THAT'S OKAY WITH YOU, MR. CHAIR, I WOULD LIKE THIS ONE TO BE A LITTLE MORE OPEN.
MISS FARRELL, WILL ALSO HELP TO ADDRESS ANY QUESTIONS YOU MIGHT HAVE OR MAY ADD OR EXPAND UPON CERTAIN THINGS HERE.
THE FIRST THING I THINK I WANTED TO GO INTO IS EXPLAINING TO YOU THE WHY AND THE PROCESS WE'VE TAKEN TO GET HERE, BECAUSE WE HAVE HAD NUMEROUS CONVERSATIONS WITH THE MAYOR AND COUNCIL ON THIS THROUGHOUT THE TIME.
BUT WHAT REALLY STANDS OUT, AND THE IMPORTANT THING TO UNDERSTAND RIGHT NOW IS THE CURRENT CODE DOES NOT DEFINE OR HAVE ANY REQUIREMENTS RELATED TO DATA CENTERS.
IN THE PAST COUPLE OF YEARS, WE HAVE HAD A COUPLE OF DIFFERENT PARTIES FROM TIME TO TIME COME TO US AND EXPRESS OR SHOW SOME INTEREST AND BRING IN A DATA CENTER USE POTENTIALLY TO OUR COMMUNITY.
THAT STARTED US THE CONVERSATION.
THAT'S WHERE IT REALLY GOT US GOING.
WHAT WE DID IS, THE DEMANDS THAT ARE GOING ON WITH TECHNOLOGY AS FAR AS AI, CLOUD STORAGE, ALL OF THAT, THESE ARE JUST BECOMING MORE AND MORE PROMINENT USES.
IF YOU'VE BEEN UP IN THE PHOENIX VALLEY AREA RECENTLY, ESPECIALLY ON THE EAST SIDE IN THE MESA-CHANDLER AREA, THERE ARE A NUMBER OF DATA CENTERS THAT ARE UP THERE.
WHEN DATA CENTERS FIRST CAME AROUND WHEN I WAS STARTING OUT AS A YOUNG PLANNER, THEY WERE A SINGLE USE.
IT WAS FOR THE HOSPITAL, AND IT WAS MAYBE A 40,000 SQUARE FOOT FACILITY.
THE ONES THAT ARE GOING UP NOW ARE LARGE CAMPUSES.
THESE ARE HUNDREDS OF THOUSANDS OF SQUARE FEET, MILLIONS OF SQUARE FEET, DEPENDING UPON CAMPUSES AND THINGS LIKE THAT.
WHAT WE DID IS WE STARTED DOING SOME RESEARCH.
ONCE AGAIN, JANE DID QUITE A BIT OF RESEARCH, NOT JUST IN THE STATE OF ARIZONA, BUT IN VIRGINIA.
VIRGINIA IS THE CAPITAL FOR DATA CENTERS, AND IT'S PROBABLY NO SURPRISE TO ANYONE WITH THE MILITARY OPERATIONS THAT ARE OVER IN THAT PART OF THE COUNTRY.
BUT WHAT WE LEARNED THROUGH THIS PROCESS IS THE SECOND LARGEST MARKET FOR DATA CENTERS IS PHOENIX.
WHY YOU WOULD WANT TO PUT A HIGH ENERGY, HIGH UTILITY USER IN THE MIDDLE OF THE DESERT? WAS A QUESTION FOR US.
BUT WHEN YOU THINK ABOUT IT, THE NATURAL DISASTERS.
IT'S A DRAW FROM THAT BECAUSE THEY NEED TO BE ABLE TO DEPEND ON THESE.
THE RESEARCH THAT WE FOUND IS GOING BACK TO MESA.
STEVE AND I WENT UP THERE AND TALKED WITH THE MESA PLANNING STAFF UP THERE, AND WE SAID, WHAT DO YOU GUYS HAVE ON YOUR BOOKS? WELL, WHAT THEY HAD WAS NOTHING.
THEY HAD NOTHING ON THE BOOKS, AND THE FIRST REQUEST THAT CAME IN, THEIR STAFF MADE THE ZONING INTERPRETATION TO DEFINE THEM AS INDOOR STORAGE.
INDOOR STORAGE IS PERMITTED IN COMMERCIAL AND ALL INDUSTRIAL USES IN THE MESA AREA.
IMMEDIATELY, A LOT OF THEIR PRIME COMMERCIAL PROPERTY GOT BOUGHT UP AND IS NOW STANDING AS DATA CENTERS RIGHT NEXT TO AN EXISTING RESIDENTIAL NEIGHBORHOOD.
WE DON'T WANT THAT, SO THAT'S WHERE WE WANT TO BE PROACTIVE HERE.
WE DID OUR FIRST DRAFT OF THE ORDINANCE.
WE HAD A STUDY SESSION WITH THE MAYOR AND COUNCIL IN MAY, GATHERED SOME FEEDBACK, GOT SOME DIRECTION.
JANE, STEVE, AND I WENT BACK, DID SOME ADJUSTMENTS TO THAT.
WE THEN TOOK THE DRAFT ORDINANCE AND SENT IT OUT TO THE PUBLIC.
SOME PROPERTY OWNERS, INTERESTED POTENTIAL END USERS, THEIR REPRESENTATIVES, AND SENT IT OUT GAVE THEM 45 DAYS, LET THEM PROVIDE SOME FEEDBACK TO US.
THEY ALL HAD SOME GREAT POINTS, SOME GREAT QUESTIONS.
WE SAT DOWN, WE MET WITH THE PEOPLE THAT ARE CLOSER TO DATA CENTER USES, HEARD THEM OUT AS TO WHY THIS DIDN'T MAKE SENSE OR WHY WE SHOULD CLARIFY SOMETHING A LITTLE BIT MORE.
IT WAS VERY PRODUCTIVE, AND IT WAS A GOOD EXCHANGE OF IDEAS.
ONCE AGAIN, WE TOOK THOSE, JANE AND I MADE SOME ADDITIONAL CHANGES TO IT, AND THEN BOUNCED IT BACK WITH A COUPLE OF MAYOR AND COUNCIL, ONE-ON-ONE MEETINGS TO LET THEM KNOW WHERE WE CURRENTLY STAND, AND EVERYONE SEEMED TO BE IN AN AGREEMENT THAT OKAY, WE'RE READY TO PROCEED.
THIS IS WHERE WE'RE AT TONIGHT.
THIS IS HOW WE GOT TO WHERE WE ARE.
LET'S GO AHEAD AND JUMP INTO THIS.
AS WE GO THROUGH THE ORDINANCE, WHAT WE'RE GOING TO LOOK AT IS DEFINING.
WE START WITH THE DEFINITION OF A DATA CENTER, THEN WE BREAK IT DOWN INTO THE TWO DIFFERENT USES,
[00:45:02]
THE PRINCIPAL USE AND THE ACCESSORY USE.THEN THE LAST PART IS, WE'LL GET INTO THE DESIGN STANDARDS, BOTH SITE AND BUILDING DESIGN.
I'M NOT GOING TO REACH YOU THE DEFINITION OF A DATA CENTER BECAUSE IT'S A LONG ONE.
BUT IT'S BASICALLY FOR THE PRIMARY STORAGE MANAGEMENT AND PROCESSING AND TRANSMISSION OF DIGITAL DATA, WHICH IS HOUSED WITHIN THE FACILITY.
WE DO ALSO INCORPORATE ADDITIONAL THINGS IN THERE AS FAR AS CRYPTOCURRENCY DATA MINING, WEATHER MODELING, THINGS OF THAT NATURE.
IT IS VERY BROAD, BUT IT'S INTENDED TO BE MORE OF, I THINK WHEN YOU GENERALLY THINK OF IT, IT'S A LARGE FACILITY WITH A BUNCH OF SERVERS IN IT THAT ARE REALLY GENERATING AND STORING DATA AND THINGS OF THAT NATURE.
FROM A PRINCIPAL USE, THE DEFINITION OF PRINCIPAL USE IS THERE.
THAT'S WHAT OUR CURRENT DEFINITION IS, THE PRIMARY OR PREDOMINANT USE OF ANY LOT OR PARCEL.
THE WAY THIS ORDINANCE IS SET UP IS, JANE AND I LIKE TO JOKE, IT REQUIRES IT TO BE A SPECIFIC PLAN.
A DATA CENTER IS ONLY ALLOWED TO BE CONSIDERED THROUGH A SPECIFIC PLAN.
WE JOKINGLY SAY IT'S A VERY SPECIFIC PLAN.
THAT'S BECAUSE YOU ALL HAVE SEEN SPECIFIC PLAN PROPOSALS.
BUT THIS TYPE OF SPECIFIC PLAN THAT WE'RE TALKING ABOUT, AND YOU'LL SEE AS WE GO THROUGH THE ORDINANCE IS REQUIRING A HIGHER LEVEL OF DETAIL THAT IS TO BE PROVIDED.
WHAT THEY WILL HAVE TO DO IS GO THROUGH THE REZONING PROCESS IN ORDER FOR A DATA CENTER TO BE CONSIDERED.
THEY CANNOT JUST INSERT DATA CENTER AS A PERMITTED USE WITHIN A SPECIFIC PLAN AND SAY THAT'S GOOD ENOUGH.
THEY STILL HAVE TO INCORPORATE THESE ADDITIONAL CRITERIA.
THE SPECIFIC PLAN, THE ELEMENTS HERE THAT THEY'LL REQUIRE IS A BASELINE NOISE STUDY WILL BE REQUIRED.
THEY'LL HAVE TO PROVIDE US WITH SOME SORT OF CONFIRMATION FROM THE ELECTRICAL UTILITY, THAT SAYS, ONE, WHO IS PROVIDING THE POWER? TWO, DO THEY HAVE SUFFICIENT RESOURCES TO BE ABLE TO PROVIDE THE POWER TO THE CAMPUS? AN ASSESSMENT OF FUTURE ENERGY NEEDS FOR THE SITE, SO ANY EXPANSIONS OR ANYTHING OF THAT NATURE.
THE INTENDED WATER SOURCE FOR THIS, AND THAT IS IF THEY ARE USING IT FOR COOLING PURPOSES.
THERE IS A FOOTNOTE THERE AT THE BOTTOM.
WITHIN THE ORDINANCE, THERE IS VERY CLEAR LANGUAGE THAT WE WILL NOT ALLOW ANY DATA CENTER USE TO USE OUR POTABLE WATER SYSTEM, MORANA WATER, TO PROVIDE COOLING FOR THEM.
IN ESSENCE, IF THEY WERE TO REACH AN AGREEMENT WITH CMID FOR IRRIGATION WATER TO COOL THAT, THAT MIGHT BE AN ACCEPTABLE USE BY THE COUNCIL AS THEY REVIEW THIS.
HOWEVER, I DO WANT TO MAKE IT CLEAR, WE WILL ALLOW OUR WATER TO OBVIOUSLY BE CONNECTED FOR THEM TO USE FOR THEIR OFFICE AND BATHROOM FACILITIES AND THINGS OF THAT NATURE, SO THAT THEY CAN USE.
BUT FOR THE OVERALL COOLING SYSTEM, WE WOULD NOT ALLOW IT.
THEN THERE IS A SECTION IN HERE THAT ALLOWS, IF THEY'RE NOT ABLE TO COMPLY WITH ANY OF THESE REQUIREMENTS, THEY'RE ABLE TO ASK FOR A WAIVER.
WHAT THEY WOULD NEED TO DO IS SPELL THAT OUT IN THEIR SPECIFIC PLAN AS TO WHY THEY'RE UNABLE TO MEET CERTAIN CRITERIA OR WHAT THEIR COUNTER PROPOSAL IS AS FAR AS, LET'S SAY THEY'RE NOT ABLE TO MEET SETBACKS OR THINGS OF THAT NATURE.
THEY'RE ALMOST THERE, BUT THEY'RE NOT QUITE THERE.
INSTEAD, THEY'LL DO, I'LL JUST SAY A BERM WITH ADDITIONAL LANDSCAPING.
>> ONE OF THE THINGS THAT WE STARTED OUT WITH THE NOISE ATTENUATION OR THE NOISE STUDY.
THE FIRST DRAFT OF THIS, WE HAD THIS ELABORATE STUDY THEY HAD TO DO.
THEY HAD TO PREPARE THESE CONTOUR MAPS AND SUBMIT THEM TO US, AND THEN THEY'D HAVE TO GO BACK BEFORE IT WAS OPERATIONAL AND ALL THAT.
ULTIMATELY, WHAT THE END USERS AND THE FEEDBACK WE GOT FROM A LOT OF PEOPLE IS, TELL US WHAT THE CODE IS, AND WE'LL COMPLY WITH IT.
THE LAST THING WE CAN DO IS SPEND HUNDREDS OF MILLIONS, POTENTIALLY BILLIONS OF DOLLARS BUILDING A FACILITY, NOT KNOWING IF YOU'RE GOING TO ALLOW US TO OCCUPY IT.
JANE LOOKED INTO THE DECIBEL LEVEL READINGS A LITTLE BIT FURTHER.
WHAT WE'VE DONE IS CREATED THE TABLE THEN, WHICH ESTABLISHES RESIDENTIAL MIXED USE.
IF YOU'RE NEAR THAT, THEN THE DAYTIME AND THE NIGHTTIME DECIBEL LEVELS CANNOT EXCEED 55 AT THE PROPERTY LINE.
FOR AGRICULTURAL PROPERTY, IT'S 60 DURING THE DAY AND 55 AT NIGHT.
[00:50:06]
COMMERCIAL, 65 AND 60, AND INDUSTRIAL, IF YOU'RE NEXT TO INDUSTRIAL, AT 72 AND 65.ONCE AGAIN, THE HOURS THAT ARE LISTED THERE AT THE BOTTOM WOULD DEFINE WHAT IS DAYTIME VERSUS EVENING.
FROM AN ACCESSORY USE, YOU SEE IN THE TABLE HERE, WE WOULD BE AMENDING THE TABLE TO ALLOW FOR A DATA CENTER TO BE AN ACCESSORY USE, A PERMITTED ACCESSORY USE IN THE LI AND HI ZONING DISTRICTS.
THAT'S OUR LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL ZONING DISTRICTS.
AN ACCESSORY USE IS A USE CUSTOMARY INCIDENTAL AND SUBORDINATE TO THE MAIN BUILDING OR PRINCIPAL USE.
I WON'T GO INTO ALL THE DETAILS OF THIS, BUT DIDN'T PUT A LIMITATION ON IT THAT IT CANNOT EXCEED 15% OF THE OVERALL SITE.
ONCE AGAIN, IT'S GOT THAT ACCESSORY FEELING TO IT.
IT'S NOT LARGER THAN THE PRIMARY USE.
THE DATA CENTER HAS TO BE USED TO SERVE THE ENTERPRISE FUNCTIONS OF THE ON SITE PROPERTY OWNER.
THEN THE EXAMPLE I HAVE USED IS, IF A HOSPITAL WANTED TO PUT ONE ON THEIR SITE, IT HAS TO BE THERE TO SERVE THAT HOSPITAL.
IT CAN'T BE THEY PUT A DATA CENTER ON TO SERVE SOME OTHER BUSINESS TWO MILES DOWN THE ROAD.
IT HAS TO BE ACCESSORY TO THE PRIMARY USE AND ALSO PROVIDING SERVICES TO THAT. SITE DESIGN.
BUILDING PLACEMENT AND ORIENTATIONS, OBVIOUSLY, WE WANT THESE BUILDINGS TO BE PLACED IN A WAY IN WHICH THE ARCHITECTURAL FEATURES ARE FACING TOWARDS OUR PUBLIC RIGHTS OF WAY AND THINGS OF THAT NATURE.
BUILDINGS SHALL BE ORIENTED WITH THE PRINCIPAL FACADE, INCLUDING VISITOR AND STAFF AND ADMINISTRATIVE ENTRANCES TO THE PRIMARY ADJACENT ROAD.
YOUR PRIMARY AXIS IS WHERE WE WANT TO SEE THE FRONT OF THAT.
WE WANT LOADING DOCKS AND SERVICE ENTRIES, WE DON'T WANT THEM REALLY VISIBLE FROM THE PUBLIC RIGHT OF AWAY.
HIDE THEM AND PUT THEM ON THE SIDES OF THE BUILDING THAT AREN'T READILY VISIBLE.
THE GARBAGE COLLECTION OR REFUGE.
THAT'S A STANDARD FOR ALL OF OUR DEVELOPMENTS IS THAT IT'S FULLY SCREENED ON ALL FOUR SIDES.
THEN THEY MUST COMPLY WITH OUR OUTDOOR LIGHTING CODE.
THAT'S JUST THE GENERAL STANDARD FOR EVERYTHING IN THE COMMUNITY.
THE SETBACKS, THIS IS ONE THAT WE WENT BACK AND FORTH ON.
THE VERY FIRST BULLET POINT THERE IS THAT THE SETBACK IS AT LEAST 400 FEET FROM THE PROPERTY LINE OF ANY ADJACENT PROPERTY THAT IS PLANNED OR ZONED FOR RESIDENTIAL LAND USES.
THE RESIDENTIAL THROUGHOUT THIS PROCESS, THAT IS THE NUMBER 1 THING WE'VE SEEN.
THE NUMBER 1 THING WE'VE HEARD FROM OTHER COMMUNITIES, AND IT'S THE NUMBER 1 THING WE HEARD FROM COUNCIL FEEDBACK IS BEING PROTECTIVE OF THE RESIDENTIAL USES.
THEN AT LEAST 100 FEET FROM ANY PROPERTY LINE OF ANY ADJACENT PROPERTY THAT IS PLANNED OR ZONED FOR ANY USE OTHER THAN RESIDENTIAL OR INDUSTRIAL USES.
THEN THE GENERATORS, WE'RE SAYING THAT THEY HAVE TO COMPLY WITH THE FEDERAL REQUIREMENTS, AND THAT GENERATORS ARE TO BE USED FOR EMERGENCY PURPOSES ONLY AND THAT ANY OF THE TESTING OF THE GENERATORS SHALL BE CONDUCTED ON WEEKDAYS BETWEEN 8:00 AM AND 5:00 PM, EXCEPT IN THE CASE OF AN EMERGENCY.
SCREENING OF MECHANICAL EQUIPMENT AND SUBSTATIONS.
WE WANT THESE MECHANICAL EQUIPMENT TO BE SCREENED FROM ALL PUBLIC AND PRIVATE RIGHTS OF WAY, EXCEPT FOR ANY RIGHTS OF WAY THAT ARE WITHIN THE DEVELOPMENT.
I CAN'T REALLY THINK OF A REASON WHY THEY WOULD HAVE A RIGHT OF WAY IN THE DEVELOPMENT, BUT AS A PRECAUTIONARY, WE DID PUT THAT IN THERE, BUT FOR MOST TIME, IT'S GOING TO BE PRIVATE ROADWAYS, DRIVEWAYS WITHIN THE DEVELOPMENT.
THERE'S MULTIPLE WAYS IN WHICH THEY COULD ESTABLISH THAT SCREENING REQUIREMENT, WHICH IS THE EXISTING VEGETATION THAT WILL REMAIN, LANDSCAPING IMPROVEMENTS, OR A VISUAL SOLID FENCE SCREEN WALL OR PANEL PARAPET THAT SCREENS THE EQUIPMENT.
GROUND MOUNTED EQUIPMENT IS PROHIBITED FROM BEING IN THE FRONT YARD.
WE OBVIOUSLY DON'T WANT TO MOUNT IN FRONT OF THE BUILDINGS, AND SHE'LL BE LOCATED OR SCREENED WITH MATERIALS THAT HELP TO REDUCE THE IMPACTS ON SURROUNDING PROPERTIES.
[00:55:04]
THEN LAST IS YOU JUST HAD A UTILITY WAIVER TONIGHT, SO THIS PROVISION COMES BACK TO YOU ON THE LAST ITEM HERE.ELECTRICAL POLAR LINES EXCEPT FOR TRANSMISSION LINES CARRYING 48KV OR MORE, WHICH IS OUR THRESHOLD THAT WE HAVE IN CODE RIGHT NOW, SHALL BE LOCATED UNDERGROUND.
WE WANT THE UTILITIES TO BE UNDERGROUND.
BUT HONESTLY, A LOT OF THE THE UTILITIES THAT COME IN, THE POWER LINES THAT COME IN TO SERVE THESE FACILITIES, THEY'RE LARGE LINES.
THOSE WON'T BE UNDERGROUNDED, AND WE UNDERSTAND AND WE ACCEPT THAT IF THEY WERE TO BE APPROVED IN THE COMMUNITY.
WE HAVE SOME REQUIREMENTS THERE FOR AGRICULTURAL AND COMMERCIAL ZONED OR PLANNED PROPERTIES, ABUTTING THOSE ZONES.
IT'S A 50 FOOT BUFFER, AND THE BERM SHALL BE FOUR FEET HIGH PLANTED WITH A MINIMUM OF 320 PLANT POINTS PER 100 FEET.
FROM THE RESIDENTIAL STANDPOINT, IT'S 100 FOOT BUFFER, SIX FOOT HIGH BERM, 320 PLANT UNITS PER 100 FEET.
WE CAN ALSO CONSIDER THE NATURAL TOPOGRAPHY IF THEY WERE TO GO IN AN AREA WHERE, YOU KNOW, THERE'S SOME NATURAL GRADES THAT WILL HELP WITH THE SCREENING.
THE UTILITY SHALL NOT BE LOCATED WITHIN THE BUFFER AREA.
>> HEY, JASON, CAN YOU EXPLAIN, IS A PLANT UNIT JUST ONE PLANT?
>> CHAIRMAN SCHNEE, VICE CHAIR HILL, THE NEXT SLIDE HERE. [LAUGHTER]
>> NO, THAT'S WHY I DIDN'T QUIT.
>> THAT'S WHY I DID. THE PLANT UNITS IS HOW WE MEASURE OUR LANDSCAPING REQUIREMENTS CURRENTLY RIGHT NOW.
AS YOU CAN SEE, IF YOU NEED TO GET TO 320 POINTS WITHIN 100 FEET, YOU GOT TO THROW A LOT OF PLANTS IN HERE.
OBVIOUSLY, THE LARGER THE TREE, THE MORE POINTS.
OBVIOUSLY, WE WOULD PREFER TO SEE LARGER TREES BECAUSE IT HELPS TO GET THAT NATURAL SCREENING ESTABLISHED A LOT QUICKER.
BUT THEY'LL DO A MIXTURE OF THEM AND ALL THAT.
BUT 320 UNITS IS A LOT, BUT IT'S NOT OUT OF THE NORM FROM WHAT WE HAVE SEEN IN OUR RESEARCH AS FAR AS LANDSCAPING ON THAT.
SITE DESIGN STANDARDS, FENCING.
CHAIN LINK FENCE, BARBED WIRE FENCE IS NOT ALLOWED, BUT FENCING OF THE PROPERTY, OBVIOUSLY, I THINK FROM A SECURITY STANDPOINT, EVERY ONE OF THESE FACILITIES IS FENCED THAT I'VE SEEN.
THAT'S GOING TO HAPPEN, BUT WE WOULD WANT IT TO BE A VISUAL APPEALING AND APPROPRIATE MATERIAL FOR THAT.
BUILDING DESIGNS, MASSING AND SCALING.
GOING THROUGH IT, WE WANT NICE LOOKING BUILDINGS.
WE DON'T WANT BIG, LARGE GRAY BOXES.
A LOT OF THE THINGS THAT WE'VE TALKED TO IN OUR SECOND GO ROUND WAS ABOUT THE ARCHITECTURAL REQUIREMENTS AND THAT.
NOBODY WAS REALLY SAYING THAT IT WAS TOO MUCH, BUT IT WAS REALLY THE INTENT OF IT AND MAKING SURE.
IT'S MAKING SURE THAT THE ARCHITECTURE HAS A VARIETY AND MODULATIONS AND FACADES MESSING THE BUILDING HEIGHT.
WHAT WE ARE SAYING IS MAXIMUM BUILDING HEIGHT IS 55 FEET, WHICH IS OUR MAXIMUM HEIGHT IN OUR INDUSTRIAL ZONING DISTRICT.
BUT WE ALSO WOULD PROVIDE AN ADDITIONAL 10 FEET IF THEY DID ROOFTOP MOUNTED EQUIPMENT.
THAT HELPS TO GET THE MECHANICAL EQUIPMENT OFF THE GROUND.
PUTS IT UP THERE, THEY COULD DO THEIR SCREENING.
THESE ARE LARGER FACILITIES, WHICH IF THEY CENTRALLY LOCATED THEM, BUT THE BUILDING ITSELF, MAXIMUM HEIGHT IS 55 FEET.
THE NOTE I HAVE THERE IS THE BUILDING HEIGHT LIMITATION DOES NOT APPLY TO THE UTILITY SUBSTATIONS ASSOCIATED WITH THIS PROJECT, AND THAT IS BECAUSE WHEN THOSE POLES ARE SET IN FOR SUBSTATIONS AND THAT, WE DON'T GET TO CONTROL THAT.
THAT'S THE UTILITY REQUIREMENTS, THAT'S THEIR FEDERAL GUIDELINES AND THINGS OF THAT NATURE.
WE ACCEPT THE FACT THAT WE CAN'T REGULATE THAT.
MANY OF THESE, IF IT IS A CAMPUS THAT WAS TO GO IN, THE CAMPUSES THAT WE'VE SEEN, THEY'LL COME WITH THE SUBSTATION RIGHT NEXT TO IT.
>> GO BACK. I WAS GOING TO BRING THIS UP LATER, BUT SINCE RON STARTED THE TREND OF INTERRUPTING YOU, I'LL GO ON.
>> JEREMY. YOU SAID THERE WAS NOTHING GOING IN THE FRONT YARD, SO TO SPEAK.
[01:00:05]
BUT WHAT IF THE SUBSTATION HAS TO GO THERE? BECAUSE OF THE PROXIMITY TO UTILITY LINES TO FIRST BRING THE POWER TO THE SITE.WOULD THAT BE EXEMPT FROM THE FRONT YARD?
>> CHAIRMAN SCHNEE AND COMMISSIONER FLINT, I WOULD SAY THAT IT WOULD BE EXEMPT FROM THAT REQUIREMENT.
WOULD JANE CORRECT ME IF YOU SEE IT DIFFERENTLY.
BUT I WOULD SUSPECT THAT AS PART OF THAT PROPOSAL, IF THEY BRING THAT SITE PLAN FORWARD AND PRESENT IT TO YOU ALL, AS WELL AS MAYOR AND COUNCIL, AND THE FRONT OF THE PROPERTY IS A SUBSTATION, AND THEN YOU GO SAY, 100 FEET BACK BEFORE YOU GET INTO THE CONFINES OF THE DATA CENTER, I DON'T SEE THAT AS BEING AN ACCEPTABLE DESIGN TO PERHAPS YOU, BUT DEFINITELY FROM THE COUNCIL AND WHAT WE'VE HEARD THERE. BUT JANE.
>> CHAIR SCHNEE, VICE CHAIR HILL, COMMISSIONER FLINT, I AGREE WITH JASON, AND I THINK THAT ONE OF THE THINGS ABOUT HAVING THIS BE DONE THROUGH THE REZONING PROCESS AND A SPECIFIC PLAN IS THAT WE HAVE A LOT OF DISCRETION WITH THE COMMISSION AND THE COUNCIL TO SAY YAY OR NAY ON THE DESIGN AND ALL OF THOSE THINGS.
IT COULD BE SOMETHING WHERE THEY COULD REQUEST AN EXEMPTION FROM THAT PROHIBITION ON THE FRONT YARD AND EXPLAIN WHY THEY NEED THAT EXEMPTION, AND THEN IT WOULD BE UP TO THE COUNCIL, WHETHER THEY AGREED WITH THAT AND WANTED TO GRANT IT OR SAID NO.
>> JASON, I COULD CONCEIVABLY SEE IF FOR SOME REASON THAT THE POWER HAD TO COME IN THERE, WHICH WE'VE HAD THESE DISCUSSIONS IN THE PAST THAT MAY PROVIDE FOR A PROVISION THAT THE OWNER SHALL SCREEN THE SUBSTATION IN A MANNER SIMILAR TO THE ARCHITECTURE OF THE BUILDING TO A HEIGHT OF AT LEAST 12 FEET OR SOMETHING TO DO THAT, SO THAT IT COULD WORK SO THAT THE OWNER DOESN'T HAVE TO GO THROUGH THE EXPENSE OF HAVING THE POWER BROUGHT TO THE BACKSIDE TO GO ANOTHER 3, 04, 500 FEET OR TO GO UNDERGROUND WITH IT OR WHATEVER.
I WOULD THINK THERE'D BE A CERTAIN BENEFIT TO LIMITING THE VISIBILITY OF AN OVERHEAD PROPERTY LINE TO TRAVEL FURTHER THAN IT HAS TO.
I JUST WANT TO BRING IT UP SINCE.
>> YOU HAD THE THOUGHT. THANK YOU.
JANE AND I HAVE PROBABLY GONE THROUGH ABOUT A MILLION DIFFERENT WHAT IFS AND POTENTIALLY.
>> BUT THE GOOD NEWS IS IT'S GOING TO COME TO US ON A SPECIFIC PLAN, AND WE CAN GIVE THE APPROVAL FOR THE WAIVER OR NOT.
>> THAT IS CORRECT. NOW GETTING INTO THE BUILDING DESIGN, THE PRINCIPAL FACADE MUST INCORPORATE DIFFERENT SURFACES, TEXTURES AT HORIZONTAL AND LINEAR INTERVALS.
WHAT WE'VE LOOKED AT IS THE FENESTRATION, A CHANGE IN ONE OF THE FOLLOWING DESIGN ELEMENTS, WHICH IS BUILDING MATERIAL, PATTERNS, TEXTURES, COLORS, AND ACCENT MATERIALS.
BASICALLY, BREAK IT UP, MIX IT UP.
WE DON'T WANT TO JUST SEE FLAT SURFACES.
WE DON'T WANT TO SEE JUST ONE COLOR OR ONE MATERIAL THERE.
WE ALSO WANT TO ENCOURAGE STEP BACKS OR RECESSES, WHERE IT'S TO BUMP THINGS UP AROUND THERE THERE.
>> FENESTRATION. THIS IS A WORD WE'VE QUIZZED A LOT OF PEOPLE ON AS WE WENT THROUGH IT.
IT'S THE ARRANGEMENT AND PROPORTIONING AND DESIGN OF WINDOWS AND DOORS IN A BUILDING.
THIS IS ONE WE TWEAKED HONESTLY QUITE A BIT IN THE SECOND GO ROUND, AND THAT WAS BASED UPON THE FEEDBACK.
REALLY, WE WENT A LITTLE TOO FAR DOWN THE RABBIT HOLE WHEN WE WERE LOOKING AT THINGS, AND PROBABLY WOULD HAVE RESULTED IN SOME THINGS THAT WE DIDN'T INTEND IT TO DO.
AFTER FEEDBACK AND JANE AND I DISCUSSING THINGS, WE REELED THINGS BACK AND PROVIDED SOMETHING.
BUT THEY HAVE TO COMPRISE AT LEAST 20% OF THE TOTAL SURFACE.
THE FENESTRATION MUST BE COMPATIBLE WITH OTHER DESIGN MATERIALS, DETAILS, AND TREATMENTS USED ON THE SAME PRINCIPAL FACADE.
WE WANT THAT TO BE CARRIED AROUND THE FACILITY.
ONE OF THE QUESTIONS THAT WE HAD ON THIS IS, OBVIOUSLY,
[01:05:01]
DATA CENTERS ARE LARGELY DRIVEN ON, THEY HAVE TO KEEP THE CLIMATE CONTROL.YOU'RE BUILDING IT IN THE DESERT, WE ALL SEE OUR UTILITY BILLS DURING THE SUMMER MONTHS, SO WE KNOW WHAT THAT'S LIKE.
BUT WHEN YOU TALK ABOUT FENESTRATION AND IT'S TALKING ABOUT WINDOWS, ONE OF THE QUESTIONS WE HAD WAS, WINDOWS AREN'T GOOD FOR DATA CENTERS, WE DON'T WANT THAT.
BUT WE TALKED ABOUT YOU CAN PROVIDE FALSE WINDOWS AND MAKE IT APPEAR AS IF THERE'S WINDOWS AROUND THERE AND BREAK IT UP.
BUT WE ALSO UNDERSTAND AND RESPECT THE FACT THAT YOU DON'T WANT THAT LIGHT TO BE PENETRATING AS MUCH AS POSSIBLE.
WE HAVE A NUMBER OF BUILDINGS THROUGHOUT OUR COMMUNITY ALREADY THAT USE FALSE WINDOWS, THE O'REILLY'S, THAT IS OVER BY SAFEWAY, THOSE WINDOWS THAT FACE SILVER BELL, THEY'RE FALSE.
THE DOLLAR GENERAL THAT'S OVER HERE THAT FACES TANGERINE, THOSE WINDOWS ARE ALL FALSE.
TO THE AVERAGE PERSON, THEY DON'T UNDERSTAND THAT, BUT THAT'S WHAT WE'RE TRYING TO ACCOMPLISH WITH BREAKING THINGS UP HERE.
THE MAIN BUILDING ENTRANCE WAYS, WE OBVIOUSLY WANT THOSE TO BE PRONOUNCED.
WE WANT THOSE TO BE CLEARLY IDENTIFIED.
WE WANT THEM TO BE ARCHITECTURALLY PLEASING.
THERE'S REQUIREMENTS THAT ARE ESTABLISHED IN THERE TO HELP IDENTIFY THE PRIMARY ENTRANCE, THE FRONT ENTRANCE OF THE FACILITY.
EXTERIOR COLORS AND MATERIALS.
OBVIOUSLY, WE WANT NEUTRAL PALETTE. IT IS ARIZONA.
WE LOOK FOR 50 DIFFERENT SHADES OF TAN, AND SO WE'LL BREAK THAT UP WITH NEUTRAL SOFTER COLORS.
ACCENT COLORS SHALL COMPLEMENT THE DOMINANT BUILDING COLOR, BUT ALSO WHAT WE DON'T WANT IS THAT THE COLOR SHOULD NOT ACT AS AN ADVERTISEMENT OR A BILLBOARD ON THERE.
CHANGES IN MATERIAL SHALL BE REFLECTED IN MASSING OR OFFSETS, AND EMPHASIS ON THE PEDESTRIAN EXPERIENCE IS REALLY WHAT WE'RE LOOKING FOR.
WE WOULD ASK THAT THEY INCLUDE OR REQUIRE THAT THEY INCLUDE AT LEAST FIVE OF THE FOLLOWING, WHICH IS OVERHANGS, CANOPIES OR PORTICOS, RECESS OR PROJECTIONS, ARCADE, RAISED CORNICED PARAPETS, TOWER ELEMENTS, AND VARIATIONS IN THE ROOF LINE.
WITH THAT, I KNOW IT'S A LOT, I'LL BE HAPPY TO ADDRESS ANY QUESTIONS.
JANE IS HERE, LIKE I SAID, TO ASSIST.
BUT IF THERE ARE NO OTHER QUESTIONS, STAFF IS RECOMMENDING THAT THE PLAN COMMISSION RECOMMEND APPROVAL OF THE ORDINANCE, AND THIS IS ONCE AGAIN TO CREATE THE DEFINITION OF A DATA CENTER, AND ADOPT THE SUPPORTING REGULATIONS THAT GO WITH IT.
I KNOW THAT IS A HUGE EFFORT THAT YOU GUYS HAVE BEEN WORKING ON FOR SEVERAL MONTHS.
I THINK AS WE DISCUSSED ON MONDAY, THE BRILLIANT THING WAS MAKING IT A SPECIFIC PLAN SO THAT WE COULD CONTROL HOW IT GETS INSTALLED.
>> JASON, FIRST OF ALL, KUDOS TO YOU AND JANE AND TO STEVE WHO'S NO LONGER WITH US.
IT'S NOT ONLY THE FORWARD THINKING, BUT THE THOROUGHNESS THAT YOU WENT THROUGH.
THIS IS WHAT PLANNING IS REALLY ABOUT, IS TO DO THESE THINGS.
JUST A COUPLE OF THINGS ON THE ACCESSORY USE LIMITED TO 15% OF THE SITE, I ASSUME IT WOULDN'T BE A PROBLEM.
TAKE A HOSPITAL THAT BUILDS A DATA CENTER ON THEIR MAIN CAMPUS, BUT THAT'S NOT A PROBLEM FOR THAT DATA CENTER TO BE USED FOR THEIR OUTPATIENT FACILITIES THAT ARE AT OTHER SITES, CORRECT?
>> THAT WOULDN'T PRECLUDE THAT.
THE OTHER THING I HAVE, BELIEVE IT OR NOT, IT DEALS WITH THE CERTIFICATE OF OCCUPANCY THAT YOU PROVIDE FOR THE ISSUANCE OF A TEMPORARY CEO.
THE PROBLEM I ALWAYS HAVE IS, WHAT HAPPENS IF THEY DON'T GET TO THE SATISFACTION FOR A PERMANENT CEO? I KNOW THERE'S ONE MUNICIPAL BUILDING IN THE COUNTRY THAT 50 YEARS STILL DOESN'T HAVE A PERMANENT CEO.
OBVIOUSLY, WE DON'T TELL THE FOLKS TO MOVE OUT, BUT DOES THIS BECOME A COURT ENFORCEMENT ISSUE WHERE WE TAKE THEM BEFORE THE MAGISTRATE?
>> CHAIRMAN COMMISSIONER FLINT, YOU'RE RIGHT.
THAT'S ONE OF THE AREAS WE ACTUALLY HAD
[01:10:01]
SOME GOOD DIALOGUE WITH THE INTERESTED PARTIES ON.THE TEMPORARY COO, OUR TOWN PRACTICE IS WE DON'T EXTEND.
WHEN WE ISSUE A TEMPORARY COO, IT'S FOR 30 DAYS.
IN THE CASE, LET'S SAY THEY'RE NOT ABLE TO MEET THE DECIBEL REQUIREMENTS, THEY'RE GENERATORS, WHATEVER ARE EXCEEDING THAT, AND WE'VE RUN INTO THESE CASES, NOT SPECIFIC TO DATA CENTERS, BUT OTHER BUSINESSES, WE OBVIOUSLY LOOK TO WORK WITH PEOPLE.
IF YOU ARE DEMONSTRATING THAT YOU'RE DOING EVERYTHING IN YOUR POWER TO TRY AND ADDRESS THESE THINGS, WE'LL CONTINUE TO WORK WITH YOU.
AS SOON AS YOU GO DARK ON US, YOU GHOST US, THEN THAT'S WHEN WE TURN TO JANE AND HER LEGAL TEAM AND WE SAY, ONE, WE'RE NOT GOING TO EXTEND YOUR TEMPORARY COO ANYMORE.
WE'RE NOT GOING TO TELL YOU TO PULL EVERYTHING OUT OF THE BUILDING, BUT ALL OF YOUR STAFF AND YOUR OPERATIONS, THEY'RE OUT OF THE BUILDING, AND WE WOULD ENFORCE IT THEN.
THAT'S OBVIOUSLY THE HEAVY HAND.
WE HAVEN'T HAD TO GO TO THAT EXTENT.
BUT OUR BUSINESS COMMUNITY, WE CONTINUE TO USE THE TCO AS AN OPTION TO JUST WORK WITH PEOPLE TO RESOLVE ISSUES.
>> I'M WONDERING HOW IT WOULD BE HANDLED. THANK YOU.
>> ANY FURTHER QUESTIONS? GO AHEAD.
>> I THINK HE TALKED ON A LITTLE TEENY BIT AT THE BEGINNING, BUT THERE'S A LOT OF HOUSES GOING IN, AND WITH ALL THE CODES THAT WE HAVE, EVERYTHING, IT'S GORGEOUS AROUND HERE.
I'VE TRAVELED A LOT AND WHAT WE'RE DOING HERE IS VERY PRETTY. IT'S NICE.
WHAT DO YOU DO ABOUT ONE OF THESE GETTING APPROVED IN AN AREA WHERE IT'S RIGHT IN SOMEONE'S BACK YARD.
THAT COMES UP OF A WHOLE LOT HERE.
>> THAT ONE, BUT IT WAS SUPPOSED TO BE AMAZON AND IT GOT CANCELED.
THE PEOPLE, I KNOW THEY COULD'VE LOOKED, THAT'S INDUSTRIAL PROPERTY, BUT THIS IS A LITTLE BIT DIFFERENT, I GUESS SO.
WHAT DO WE DO WITH THAT BECAUSE THERE'S NICE HOUSES GOING IN AND PEOPLE AREN'T GOING TO LIKE THAT?
>> CHAIRMAN COMMISSIONER PARSONS, LIKE WE SAID, ONE OF THE THINGS THAT WE'RE GOING TO BE REQUIRED TO DO, AND WHEN I SAY, WE, FROM A STAFF LEVEL, WHEN ANY OF THESE REQUESTS COMES IN, WE'RE GOING TO HAVE TO LOOK AT WHAT PROPERTIES ARE CURRENTLY ENTITLED TO BE ALLOWED TO CONSTRUCT AT OR USES TO GO IN THERE, OR WHAT EXISTS ON THE PROPERTY.
I CAN TELL YOU RIGHT NOW, IF LET'S JUST SAY ONE OF THEM CAME IN AND PROPOSED THEY WANTED TO GO IN THE MONARCH SUBDIVISION RIGHT BEHIND TOWN HALL, AND IT'S RIGHT NEXT TO GLADDEN FARMS, IT'S NOT GOING TO HAPPEN.
IT'S NOT GOING TO FLY. THAT'S TOO CLOSE.
QUITE HONESTLY, THEY'RE NOT GOING TO PROPOSE TO PUT IT THERE.
THEY WANT TO BE GOOD NEIGHBORS, TOO.
THEY WANT TO SEPARATE THEMSELVES.
THESE ARE HIGH SECURITY FOR THEM, BUT IT IS SOMETHING.
WE WILL HAVE TO EVALUATE THAT, AND FROM A STAFF LEVEL, I'LL PLEDGE TO YOU GUYS AND TO THE COUNCIL THAT IT'S GOING TO BE UP TO US TO REALLY CALL OUT AND MAKE SURE YOU-ALL UNDERSTAND WHAT THE EXISTING USE IS OF THE SURROUNDING PROPERTIES, AND WHAT THE ZONED USES ARE.
NOW, 20 YEARS LATER, AFTER THAT FACILITY HAS ALREADY BEEN IN PLACE, AND SOMEBODY WANTS TO DEVELOP AND COMES AND SAYS, WHY ARE YOU BUILDING A RESIDENTIAL HOME RIGHT ACROSS THE STREET FROM A DATA CENTER? WELL, I'M SORRY, IT'S BEEN THERE.
YOU'VE SEEN THAT. WE GET IT, YOU HEAR IT, OBVIOUSLY.
FOR ANY OF THESE IN THAT TIME IN WHICH YOU WOULD APPROVE A SPECIFIC PLAN TO ALLOW FOR A DATA CENTER TO GO IN AND SAY IT'S THREE YEARS BEFORE THEY START BUILDING IT, AND SOMEBODY COMES IN AND BUYS THE PROPERTY NEXT DOOR AND SAYS, OH MY GOSH, WE DO OUR BEST TO TRY AND EDUCATE PEOPLE.
ANYONE WANTS TO COME IN AND DO THEIR RESEARCH ON PROPERTIES, I WELCOME IT.
IT'S UP TO INDIVIDUALS TO DO THEIR RESEARCH.
I'M NOT TRYING TO BE RUDE OR DISRESPECTFUL BUT WE DO EVERYTHING IN OUR POWERS.
BUT THE MAIN THING IS AS WE GO THROUGH THIS, WE HAVE TO MAKE SURE THAT YOU-ALL CLEARLY UNDERSTAND WHAT IS THERE TODAY AND WHAT IS PLANNED TO GO THERE 10 YEARS FROM NOW, FIVE YEARS FROM NOW, WHATEVER THAT MIGHT BE.
>> MR. CHAIR, I HAVE ONE MORE QUESTION.
>> JASON, CAN YOU GO BACK TO THE SLIDE ON THE SETBACKS?
>> I THOUGHT YOU WOULD TARGET IN ON THE FIVE FOOT.
>> THERE'S A 400-FOOT SETBACK FROM ANY ADJACENT PROPERTY THAT IS PLANNED FOR RESIDENTIAL.
>> LET ME STOP YOU RIGHT THERE.
ADJACENT PROPERTY, DOES THAT INCLUDE PUBLIC RIGHT OF WAY OR PRIVATE RIGHT OF WAY, OR EXCLUDE A PUBLIC RIGHT OF WAY AND PRIVATE RIGHT OF WAY?
[01:15:02]
>> I DON'T KNOW IF WE CLARIFIED THAT.
I WOULD SAY IT WOULD JUST BE THAT WOULD INCLUDE THE DISTANCE OF THE RIGHT OF WAY.
>> I JUST WANT KNOW IF THAT'S INCLUDED OR NOT. THANK YOU.
>> MR. CHAIRMAN, I JUST WANT TO REMIND YOU AS WELL, THIS IS A PUBLIC HEARING.
>> INDIVIDUALS HERE, I'M NOT SURE IF THEY'RE INTENDING TO SPEAK, BUT JUST SO YOU'RE AWARE.
>> BECAUSE I WAS REMISSING MY DUTIES ON THE LAST ONE.
I'LL OPEN IT UP TO THE PUBLIC AT THIS TIME.
IS THERE ANYONE THAT WOULD LIKE TO SPEAK? I SEE NO'S.
ANY FURTHER DISCUSSION? GREAT. I'M GOING TO MAKE A RECOMMENDATION TO TOWN COUNCIL APPROVAL OF ORDINANCE NUMBER 2024 XXX, AMENDING TITLE 17 OF THE MARANA TOWN CODE TO ESTABLISH DEVELOPMENTAL REGULATIONS FOR DATA CENTERS. MAY I GET A SECOND?
>> MISS [INAUDIBLE] ROLL CALL, PLEASE.
>> THANK YOU. NOW, I'M GOING TO OPEN UP THE LAST DISCUSSION ON THE DWELLING UNITS TO THE PUBLIC.
NO ONE HAS LEFT, SO ANYONE WANTS TO DISCUSS THE DWELLING UNITS? I WILL CLOSE THAT.
>> CHAIR SCHNEE, YOU SHOULD PROBABLY DO THE SAME THING FOR THE REVIEW TIME FRAMES, THE FIRST ONE.
THAT WAS A PUBLIC HEARING AS WELL.
I'M SORRY THAT I DIDN'T CATCH THAT EITHER, I APOLOGIZE.
>> WAS IT THE REVIEW? MAYBE I MESSED UP.
>> LET'S JUST OPEN IT UP TO ANYONE WANT TO TALK ABOUT ANY OF THE THREE? [LAUGHTER].
>> ON YOUR ADUS FOR THE AMI, THERE IS A GOVERNMENT SITE YOU CAN USE THAT'S AN AI.
LOOK UP, EVEN YOU JUST GOOGLE IT UP [INAUDIBLE].
EVERY AREA HAS WHAT THEIR 80% AMI IS.
THERE'S A GOVERNMENT SITE THAT YOU CAN US FOR REFERENCING THAT.
[LAUGHTER] I REALLY BOTCHED THIS UP TONIGHT, DIDN'T I?
>> I'LL CLOSE THE PUBLIC HEARING.
>> TO COMMISSIONER FLINT'S QUESTION ABOUT THE SETBACKS AND THE MEASUREMENT, WHAT THE ACTUAL CODE SAYS IS THAT IT SHALL BE SET BACK AT LEAST 400 FEET FROM THE PROPERTY LINE OF ANY ADJACENT.
IT ACTUALLY IS SPECIFIED IN THE DRAFT.
>> YES, DISCUSSION ITEMS. MR. CHAIRMAN, IT'S THAT TIME OF THE YEAR.
IT'S HARD TO BELIEVE, BUT THE HOLIDAYS ARE COMING UP.
WHEN WE LOOK AT OUR NOVEMBER AND DECEMBER CALENDARS, THE LAST WEDNESDAY IN NOVEMBER WOULD BE THE DAY BEFORE THANKSGIVING.
THAT, I'M GUESSING DOES NOT WORK FOR US.
IT DOESN'T WORK FOR STAFF, I'LL SAY SO.
[LAUGHTER] THEN OBVIOUSLY IN DECEMBER, THE LAST WEDNESDAY FALLS EXACTLY ON CHRISTMAS DAY.
IF YOU-ALL WOULD LIKE TO SHOW UP HERE AND SING CAROLS, WE COULD DO THAT, BUT I WON'T BE HERE, AND JANE WON'T BE HERE EITHER.
MY RECOMMENDATION TO YOU WOULD BE THAT WE LOOK FOR A MOTION TO CANCEL BOTH THE NOVEMBER AND DECEMBER REGULAR PLAN COMMISSION MEETINGS, AND IN EXCHANGE FOR THAT, WE CONDUCT A MEETING ON WEDNESDAY, DECEMBER 11 AT 6:00 P.M. WHAT THAT DOES IS IT PUTS US SIX WEEKS FROM TODAY, AND IT PUTS US SIX WEEKS FROM WHAT WOULD BE THE JANUARY, SO IT LANDS US RIGHT IN THE MIDDLE.
>> I WILL SAY SO MOVED. CAN I GET A SECOND?
COOL. ANY FUTURE AGENDA ITEMS THAT YOU WANT TO DISCUSS?
>> NO SIR. WE DON'T NEED TO GO INTO EXECUTIVE SESSION.
[01:20:01]
>> THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.