Sep 30, 2026 Planning Commission

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TIME. I'LL CALL THE MEETING TO ORDER. PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE AND A MOMENT OF

[ MARANA PLANNING COMMISSION MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 30, 2026, at or after 6:00 PM Thomas Schnee, Chairman John Flint, Vice Chair David Bowen, Commissioner Ronald Hill, 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 September 30, 2026, 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. Revisions to the agenda 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 ldzieman@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.  ]

ALLEGIANCE] ROLL CALL PLEASE. CHAIRMAN SCHNEE. PRESENT. VICE CHAIR FLINT. PRESENT. COMMISSIONER BOWEN. PRESENT.

COMMISSIONER HILL. PRESENT. COMMISSIONER MCINTYRE.

COMMISSIONER PARSONS. HERE. COMMISSIONER TYSON.

HERE AT THIS TIME, WE'LL MAKE A CALL TO THE PUBLIC.

IF WE HAVE ANY ISSUES THAT ARE NOT ON THE AGENDA TONIGHT.

THIS IS MY TIME TO SPEAK UP. OKAY, I'LL CLOSE IT.

MOTION TO APPROVE THE AGENDA. SO MOVED. SECOND.

ANNOUNCEMENTS. NO ANNOUNCEMENTS THIS EVENING.

OKAY, GREAT. THANK YOU. CAN I GET A MOTION TO APPROVE THE AUGUST 26TH MEETING? I MOVE APPROVAL. SECOND. ALL IN FAVOR? AYE. OPPOSED? NOTHING HEARD. OKAY. PUBLIC HEARING. DATA CENTER LAND DEVELOPMENT CODE TEXT AMENDMENT.

MR. WITTENBERG. GOOD TO SEE YOU AGAIN. GOOD EVENING. CHAIRMAN, VICE CHAIR, MEMBERS OF THE COMMISSION.

THIS EVENING WE ARE CONSIDERING AN AMENDMENT TO THE MARANA TOWN CODE RELATIVE TO DATA CENTERS.

AND BEFORE WE DIVE INTO THAT WHAT WE'RE CONSIDERING TONIGHT, AS I JUST MENTIONED, ARE RELATED TO AMENDMENTS TO THE LAND DEVELOPMENT CODE, FURTHER ENHANCING THE REGULATIONS RELATIVE TO DATA CENTERS.

ONE ITEM THAT WE ARE NOT DISCUSSING ARE CHANGES OR MODIFICATIONS TO ANY PREVIOUSLY APPROVED DATA CENTER REZONING APPLICATION. SO TO GIVE YOU SOME BACKGROUND ON THE DATA CENTER REGULATIONS, IN DECEMBER 2024, TOWN COUNCIL APPROVED AN ORDINANCE ESTABLISHING THE DEVELOPMENT REGULATIONS FOR DATA CENTERS.

IN JANUARY OF 2026, THE TOWN APPROVED THE LOCKETT ROAD NORTH AND LOCKETT ROAD SOUTH.

SPECIFIC PLANS THAT WOULD ALLOW FOR DATA CENTER USES AND AS PART OF THOSE PUBLIC HEARING PROCESSES.

THERE WAS QUITE A BIT OF PUBLIC INPUT RELATED TO THE DEVELOPMENT REGULATIONS FOR DATA CENTERS, INCLUDING, BUT NOT LIMITED TO THE NOISE ATTENUATION AND DECOMMISSIONING OF DATA CENTER FACILITIES.

SO I'M GOING TO GIVE YOU A BRIEF OVERVIEW OF WHAT THE PROPOSED AMENDMENTS ADDRESS IN REGARDS TO NOISE ATTENUATION. ITEMS THAT WE ADDRESS IN THE ORDINANCE ARE LOW FREQUENCY NOISE, TONAL NOISE, ESTABLISHING A BASELINE AMBIENT NOISE LEVEL AT THE SITE.

AND WE ALSO DISCUSS ABOUT BACKUP AND EMERGENCY GENERATOR NOISE.

ALSO WE FURTHER DEFINED DECOMMISSIONING AND WHAT EXACTLY DECOMMISSIONING ENTAILS.

WE INCLUDED FINANCIAL ASSURANCES OR GUARANTEES TO MAKE SURE THAT IF A DATA CENTER IS DECOMMISSIONED

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AND INCLUDED WITH THAT IS THE WHEN IT'S REQUIRED AND THE TIMELINE FOR, FOR COMPLETION SINCE THE PACKET WENT OUT THE TOWN HAD ONGOING DISCUSSIONS WITH OUR CONSULTANT.

SO THE TOWN DID AS A RESULT OF THE PUBLIC HEARING PROCESS FOR THE PRIOR DATA CENTER, WE HIRED AN ACOUSTICAL CONSULTANT TO PROVIDE INPUT ON OUR EXISTING ORDINANCE AND MAKE RECOMMENDATIONS TO THAT ORDINANCE.

AND SINCE THE PACKET WENT OUT, WE HAD FURTHER MODIFICATIONS TO THE ORDINANCE THAT WERE PUBLISHED.

WE'LL PUT THAT UP ON THE SCREEN HERE. AND THE TOWN ATTORNEY, JANE FAIRALL WILL GO THROUGH THOSE CHANGES AS WELL AS THE PROPOSED AMENDMENTS.

CHAIR SCHNEE, VICE CHAIR FLINT, MEMBERS OF THE COMMISSION, AS BRETT MENTIONED, WE DID PUBLISH A DRAFT, THE FIRST DRAFT OF THE PROPOSED CHANGES TO. OF THE DATA CENTER ORDINANCE MID SEPTEMBER AND WHEN THE PACKET WENT OUT AND WAS PUBLISHED. WE'VE CONTINUED TO WORK ON THE DRAFT LANGUAGE.

AND I THINK EVEN IN BRETT'S STAFF REPORT, HE HAD MENTIONED THAT WHAT WE PRESENT AT TONIGHT'S COMMISSION MEETING MIGHT BE DIFFERENT AS WE WERE CONTINUING TO WORK WITH IT AND WORK ON IT. SO WHAT I'M DISPLAYING ON, ON THE SCREEN HERE OBVIOUSLY, AS IT ALWAYS IS, ADDITIONS ARE SHOWN WITH DOUBLE UNDERLINING AND DELETIONS TO THESE ARE TO THE EXISTING CODE AS IT EXISTS TODAY ARE SHOWN WITH STRIKETHROUGHS.

BUT WHAT YOU'LL ALSO SEE IS BLUE FONT. THE BLUE FONT SHOWS THE CHANGES FROM WHAT WAS THE VERSION OF THE DOCUMENT THAT'S IN YOUR PACKET.

SO ALL OF THAT WILL ALSO BE DOUBLE UNDERLINED BECAUSE IT'S ADDITIONS.

BUT WE WANTED TO BE TRANSPARENT AND SHOW YOU WHAT THE CHANGES HAVE BEEN OVER THIS LAST COUPLE OF WEEKS.

SO AS BRETT NOTED, THERE'S TWO AREAS THAT WE'RE ADDRESSING WITH ATTEMPTING TO ADDRESS WITH THESE PROPOSED CHANGES.

ONE IS NOISE AND ONE IS DECOMMISSIONING OF NO LONGER OPERATIONAL DATA CENTERS.

SO WORKING FIRST OR DISCUSSING FIRST THE NOISE ATTENUATION ISSUES.

THE FIRST ISSUE WE'RE GOING TO DISCUSS IS LOW FREQUENCY NOISE.

WE HEARD COMMENTS ABOUT LOW FREQUENCY NOISE AND WE DID RESEARCH ON OUR OWN.

AND WE HIRED AN ACOUSTICAL CONSULTANT TO LOOK AT THAT AND TO GIVE US RECOMMENDATIONS ABOUT WHETHER AND HOW TO ADDRESS THAT.

SO THE, THE CHANGE HAS BEEN ADDING AND I'M GOING TO BE MOVING AROUND IN THIS DOCUMENT.

SO IF IT, YOU KNOW, MAKES YOU NAUSEOUS TO WATCH IT MOVE AROUND, LOOK AWAY WHILE I'M USING THE MOUSE.

BUT THE, THE FIRST CHANGE I WANTED TO NOTE IS ADDING A SECOND COLUMN TO TABLE 2, WHICH IS IN SECTION 17-6-13.G OF THE TOWN CODE ESTABLISHING MAXIMUM DBC LEVELS, WHICH ARE C WEIGHTED SOUND LEVELS WHICH WILL MEASURE THE LOW FREQUENCY NOISE AND ESTABLISHING SIMILAR TO THE DBA LEVELS, A DAYTIME OR INTERMITTENT OPERATION LEVEL AND A NIGHTTIME OR 24/7 OPERATION LEVEL OPERATION LEVEL.

NOW YOU CAN SEE THAT THERE IS BLUE IN THIS AREA.

SO THIS IS SOMETHING THAT WE'VE CHANGED SINCE WHAT WAS PUBLISHED IN THE PACKET.

AND WE HAVE ACTUALLY GONE BACK AND FORTH ON THIS PARTICULAR ISSUE ABOUT WHAT ARE THE APPROPRIATE MAXIMUM LEVELS HERE.

AT ONE DRAFT HAD A 5 DECIBEL PENALTY FOR NOISE FLUCTUATION OF THE LOW FREQUENCY NOISE FLUCTUATION THAT WE DID NOT GO WITH, BECAUSE IT WAS FELT THAT IT WOULD BE TOO DIFFICULT TO ADMINISTER AND COMPLY WITH.

BUT EVENTUALLY WE HAVE LANDED ON THESE NUMBERS.

THE, THE BLUE IS THE, YOU KNOW, THE, THE DAYTIME OR INTERMITTENT AND THEN THE, THE

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AND IN CONSULTATION WITH THE ACOUSTICAL CONSULTANTS, WE BELIEVE THAT IT COMBINED WITH THE DBA LEVELS AND THE, IF THE DBA LEVELS ARE MET, THAT THESE LEVELS FOR THE DBC WILL NOT BE PROBLEMATIC.

AND FURTHER WILL PROVIDE THE PROTECTIONS THAT WE ARE ATTEMPTING TO PROVIDE FOR NEARBY RESIDENTS OR BUSINESSES. SO THAT'S THE FIRST AREA. THE NEXT AREA TO DISCUSS HAS TO DO WITH THE TONAL NOISE COMPONENT THAT WE ALSO HAD CONCERNS ABOUT AND HEARD CONCERNS FROM THE PUBLIC ABOUT.

SO THIS DRAFT ORDINANCE ESTABLISHES IN THIS PARAGRAPH D THAT'S UP HERE ON THE SCREEN THE METHODOLOGY FOR MEASURING TONAL NOISE. IT HAS TO BE MEASURED USING THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION STANDARD ISO 19962. THAT'S THE METHOD AND I CAN'T GET MORE DETAILED THAN THAT FROM A LAYMAN'S PERSPECTIVE, HOW THAT, HOW THAT WORKS. BUT IT IS A STANDARD UNIT OF MEASUREMENT OR A METHOD OF MEASUREMENT, I SHOULD SAY. THAT. THAT'S HOW THE TONAL COMPONENT WILL HAVE TO BE MEASURED.

AND THEN IN B, IF THERE IS NOISE EMANATING FROM A DATA CENTER SITE THAT CONTAINS AN AUDIBLE TONAL COMPONENT, AS MEASURED UNDER THE STANDARDS SET FORTH IN PARAGRAPH D, THEN A PENALTY OF FIVE DECIBELS WILL BE APPLIED TO THE MEASURED SOUND LEVEL AT THE SITE BEFORE IT'S COMPARED TO THE MAXIMUMS IN TABLE 2.

THE NEXT ISSUE THAT I WANTED TO DISCUSS THAT WE'RE ADDRESSING IS THE ESTABLISHMENT OF THE AMBIENT BASELINE NOISE LEVEL. SO THE, THE ORDINANCE AS IT'S STATED RIGHT NOW THE CURRENT DRAFT IN PARAGRAPH 17-6-13.G REQUIRES THAT AS PART OF THE APPLICATION THAT'S ACTUALLY IN A DIFFERENT SECTION, BUT AS PART OF THE APPLICATION, THE DEVELOPER OF A DATA CENTER HAS TO PROVIDE A DOCUMENT THAT SHOWS WHAT THE BASELINE NOISE LEVELS ARE IN THE AREA OF THE PROPOSED DATA CENTER, AND PRODUCE A NOISE CONTOUR EXHIBIT DEPICTING THE ANTICIPATED NOISE LEVELS TO BE GENERATED AT THE SITE. SO WE HAVE ADDED LANGUAGE HERE ABOUT WHAT THE HOW THE NOISE CONTOUR EXHIBIT MUST BE PRODUCED.

AND AGAIN, IT'S IN ACCORDANCE WITH ONE OF THE ISO STANDARDS.

AND THEN THIS BLUE LANGUAGE HERE WE ARE ADDING SINCE THE ORIGINAL DRAFT HOW AMBIENT NOISE LEVELS WILL BE MEASURED. NOT JUST THAT YOU HAVE TO DO IT, BUT HOW ARE YOU GOING TO MEASURE IT.

AND IT'S SPECIFIES THE TYPE OF SOUND LEVEL METER THAT HAS TO BE MEASURED OVER A 24 HOUR PERIOD AT A LOCATION REPRESENTATIVE OF THE NEAREST RECEPTORS TO THE SITE. AND IT'S IMPORTANT BECAUSE IF THE AMBIENT NOISE LEVELS AT THE SITE ARE ALREADY OVER, WHAT'S ALLOWED IN TABLE 2 THEN THE, THE AMBIENT NOISE LEVELS WILL THEN BE THE MAXIMUM SOUND LEVELS FOR THAT PARTICULAR SITE.

WE ALSO ESTABLISHED WHAT THE DAYTIME AMBIENT NOISE LEVEL AND THE NIGHTTIME AMBIENT NOISE LEVELS MEAN.

AND IT MEANS THE QUIETEST HOURLY AVERAGE MEASURED DURING THE DAYTIME HOURS FOR DAYTIME OR DURING THE NIGHT TIME HOURS FOR NIGHT TIME.

SO IT HAS TO BE THE QUIETEST. THEY CAN'T CHOOSE THE LOUDEST HOURLY AVERAGE.

AND AGAIN UNDER PARAGRAPH A DOWN HERE UNDER THE TABLE.

IF THE DAYTIME OR NIGHTTIME AMBIENT NOISE LEVEL EXCEEDS THE MAXIMUM PERMISSIBLE IN TABLE 2 THEN THE APPLICABLE AMBIENT NOISE LEVEL SHALL BE THE MAXIMUM PERMITTED FOR THE TIME PERIOD AND AT THE LOCATION IN QUESTION.

ON THE NOISE, THE FINAL ISSUE THAT WE WANTED TO DISCUSS AND CHANGE.

SO THE CURRENTLY THE ORDINANCE OUR TOWN CODE EXEMPTS SITE CONSTRUCTION WORK FROM THE TABLE 2 MAXIMUM LEVELS.

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AND HERE I WANTED TO JUST REMIND EVERYONE IN THE ROOM [LAUGHTER] THAT WE ARE QUOTE CODE, AS IT IS CURRENTLY WRITTEN, ONLY ALLOWS GENERATORS TO BE USED FOR BACKUP AND EMERGENCY USE.

SO THAT'S ALREADY WHAT IT SAYS THAT'S ALREADY IN PLACE.

AND THERE IS SOME LIMITED TESTING THAT WILL HAVE TO TAKE PLACE AS WELL.

WHAT WE ARE DOING WITH THESE PROPOSED CHANGES IS TO STATE THAT THE OPERATION OF GENERATORS FOR BACKUP EMERGENCY USE DON'T HAVE TO COMPLY WITH THE TABLE 2 MAXIMUMS BECAUSE WE KNOW THEY'RE NOT GOING TO.

GENERATORS ARE LOUD AND THEY'RE GOING TO BE LOUDER THAN THOSE TABLE 2 MAXIMUMS. BUT WHAT WE DID DO, AND WE HEARD ALSO FROM THE PUBLIC ABOUT THIS IS WE'VE ADDED DEFINITIONS OF WHAT IS BACKUP EMERGENCY USE.

AND I'M NOT GOING TO READ ALL OF IT HERE TO YOU, BUT.

BUT IT'S DEFINED BASED ON SOME OF THE FEDERAL REGULATIONS THAT WE LOOKED AT TO, TO COME UP WITH THESE TERMS FOR THE DEFINITION.

AND THEN THERE'S A WHOLE LIST HERE, STARTING WITH THIS LITTLE I, THE LITTLE ROMANETTE DOWN TO LITTLE 6 OF THINGS THAT ARE NOT CONSIDERED BACKUP EMERGENCY USE [LAUGHTER]. SO ALL OF THESE THINGS WOULD NOT QUALIFY AS BACKUP EMERGENCY USE.

SO WE'VE PUT SOME MORE GUARDRAILS ON THAT.

THOSE ARE THE NOISE ISSUES BEING ADDRESSED. DECOMMISSIONING WAS ALSO SOMETHING THAT WE WANTED TO DO ADDITIONAL RESEARCH INTO AND THAT WE'VE BROUGHT FORTH SOME SUGGESTIONS ABOUT.

THE DECOMMISSIONING SECTION TALKS ABOUT WHEN WE, WHEN DECOMMISSIONING IS REQUIRED, WHAT IS REQUIRED BY DECOMMISSIONING AND REQUIRES FINANCIAL ASSURANCES. SO DECOMMISSIONING IS REQUIRED IF A DATA CENTER SITE CEASES OPERATIONS FOR A CONTINUOUS PERIOD OF 12 MONTHS, OR IF THE DATA CENTER OPERATOR NOTIFIES THE TOWN THAT THE INTENT IS THAT THE DATA CENTER SITE WILL PERMANENTLY CEASE OPERATIONS AT THAT POINT EITHER. IF THE TOWN BECOMES AWARE THAT IT HAS CEASED OPERATIONS FOR A CONTINUOUS PERIOD OF 12 MONTHS, OR IF WE GET THE NOTIFICATION, THEN THE OPERATOR HAS 180 DAYS TO COMMENCE WITH DECOMMISSIONING OF THE SITE.

THE BLUE LANGUAGE HERE, WE HAVE ADDED TO MAKE IT CLEAR THAT FOR PURPOSES OF THIS PARAGRAPH, WHEN WE'RE TALKING ABOUT CEASES OPERATIONS, WE MEAN WHEN THE ENTIRE SITE IS SHUT DOWN AND ABANDONED.

IF THERE ARE BUILDINGS THAT ARE BEING SHUT DOWN, A BUILDING OR A COUPLE OF BUILDINGS ON THE SITE THAT ARE BEING SHUT DOWN FOR REFURBISHING OR RE FOR NEW EQUIPMENT TO BE PUT IN, OR SOMETHING OF THAT NATURE THAT DOES NOT TRIGGER THE DECOMMISSIONING FOR THE WHOLE SITE OR WHAT WE'RE TRYING TO ADDRESS HERE IS WHEN A SITE GOES DORMANT AND TRYING TO MAKE IT AS SAFE AS WE POSSIBLY CAN UNDER THOSE CIRCUMSTANCES.

THE. ONCE THE DECOMMISSIONING IS REQUIREMENT IS TRIGGERED.

THE OPERATOR OWNER WILL HAVE 12 MONTHS AFTER COMMENCEMENT TO COMPLETE THE DECOMMISSIONING.

WE DID ADD THE ABILITY FOR THE TOWN MANAGER OR DESIGNEE TO GRANT EXTENSIONS TO THAT 12 MONTH PERIOD IN 90 DAY INCREMENTS.

IF THERE'S GOOD CAUSE TO GRANT IT. WE'VE ADDED REQUIREMENTS HERE UNDER PARAGRAPH 2 OF THE DECOMMISSIONING PARAGRAPH A THROUGH G WHAT SHALL BE INCLUDED IN DECOMMISSIONING AT A MINIMUM. AND AGAIN I'M NOT GOING TO READ EVERYTHING TO YOU THERE, BUT THE REMOVAL OF EQUIPMENT, REMOVAL OF HAZARDOUS MATERIALS SECURING THE SITE, THOSE ARE THE KINDS OF THINGS THAT WE WANT TO MAKE SURE ARE TAKING PLACE.

WE DID ADD IN THE BLUE FONT, AS YOU CAN SEE THAT EQUIPMENT, FACILITIES AND INFRASTRUCTURE THAT ARE OWNED BY A PUBLIC UTILITY PROVIDER ARE NOT THE RESPONSIBILITY OF THE DATA CENTER OPERATOR TO REMOVE.

WE HAVE ALSO ADDED IN FINANCIAL ASSURANCES FOR THE DECOMMISSIONING.

SO AT THE TIME OF SORRY, I WENT BACK AND FORTH THERE A LITTLE BIT AT THE TIME THAT A DEVELOPMENT PLAN FOR A SITE IS SUBMITTED, THE APPLICANT WILL HAVE TO ALSO PROVIDE US WITH FINANCIAL ASSURANCES THEY CAN TAKE THE FORM OF SURETY BONDS,

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THE TOWN DOES ASSURANCES ALL THE TIME, EVERY DAY FOR VARIOUS TYPES OF DEVELOPMENT AND REASONS.

SO WE, WE WILL KNOW WHAT WE'RE LOOKING FOR AND WHAT'S GOING TO BE ALLOWED IN THOSE CIRCUMSTANCES.

IT WILL BE BASED ON THE PROJECTED EXPENSE TO COMPLETE DECOMMISSIONING PLUS A 15% CONTINGENCY.

IT'S REQUIRED TO REMAIN IN EFFECT FOR THE DURATION OF THE DATA CENTER OPERATION.

AND UNTIL DECOMMISSIONING IS COMPLETED. AND THERE'S A COUPLE OF OTHER REQUIREMENTS THERE.

SO THAT IS WHAT THE PROPOSED ORDINANCE SAYS INCLUDING THE CHANGES FROM WHAT WAS IN YOUR PUBLISHED PACKET. AND. I THINK WE. WE WERE. STAFF RECOMMENDS THAT THE COMMISSION RECOMMEND APPROVAL TO THE TOWN COUNCIL.

OKAY. THANK YOU VERY MUCH. DO WE HAVE ANY QUESTIONS? I'D LIKE TO HEAR FROM THE PUBLIC FIRST OKAY, AT THIS TIME, WE'LL OPEN IT UP TO THE PUBLIC.

THREE MINUTES PLEASE. MR. CHAIRMAN, I HAVE FIVE SPEAKER CARDS TODAY.

THE FIRST SPEAKER WILL BE JACKIE MCGUIRE, FOLLOWED BY ELLEN MENDELSON.

GOOD EVENING. I HOPE THIS DOESN'T COUNT AGAINST MY TIME.

THE FIRST THING I WANT TO POINT OUT IS THAT THE PUBLIC NOTICE FOR THIS HEARING HAS A TYPO IN IT, SO IT SAYS SECTION 17-6-3, WHICH RELATES TO SEWAGE, NOT DATA CENTERS.

THAT MAKES THE PUBLIC NOTICE FOR THIS MEETING INSUFFICIENT AND THIS DECISION SHOULD BE CONTINUED.

SECONDLY. [APPLAUSE]. WHAT WAS POSTED TO THE TOWN'S WEBSITE IS A FOUR PAGE PDF.

WHAT I'M LOOKING AT IS A SIX PAGE PDF. SO I CAN'T ADEQUATELY COMMENT ON THIS AMENDMENT BECAUSE THIS WAS NOT MADE PUBLIC.

SO AGAIN, THIS DECISION CANNOT BE MADE TONIGHT.

PUBLIC NOTICE WAS NOT MET. IT IS NOT SUFFICIENT.

I'D BE HAPPY TO CONTINUE WITH MY COMMENTS IF YOU'D LIKE THEM, BUT WE HAVE.

YOU HAVE NOT PROVIDED THE PUBLIC EITHER THE INFORMATION OR THE NOTICE REQUIRED TO MAKE THIS DECISION.

[APPLAUSE].

SURE, CONTINUE. OKAY, SO SO A FEW COMMENTS ON DECOMMISSIONING.

THE TOWN IS GOING TO LET THE DEVELOPER ESTIMATE ITS OWN CLEANUP COSTS WITH A 15% CUSHION.

THAT DOESN'T TAKE EFFECT UNTIL THE BUILDING HAS BEEN DECOMMISSIONED AND OUT OF USE FOR 12 MONTHS.

THAT ASSUMES THAT THE BUILDING GOES INTO USE.

THE FOUR PAGE DOCUMENT THAT I REVIEWED DOES NOT DETERMINE WHAT HAPPENS IF THE DEVELOPER GOES BANKRUPT IN THE MIDDLE OF CONSTRUCTION AND DOESN'T PROVIDE ANY DECOMMISSIONING REMEDIATION IF THAT HAPPENS, CLEANUP STARTS ONLY A YEAR, A FULL YEAR AFTER OPERATION.

SO IF THEY LEAVE 1 OR 2 SERVERS RUNNING, THEY DON'T HAVE TO DO THAT.

THE STAFF CAN EXTEND BOTH THE START AND FINISH WITH NO LIMIT.

BUILDINGS AND FOUNDATIONS DON'T HAVE TO BE REMOVED.

THE BOND AMOUNT IS REVIEWED ON A REGULAR BASIS WITH NO SET SCHEDULE.

THERE'S NO RECORD COVENANT OR LIEN. THE TOWN ALSO HAS NO CLEAR RIGHT TO DO THE CLEANUP ITSELF AND RECOVER THE COSTS FROM THE BOND.

IT ALSO SETS NO CREDIT LIMIT OR ANYTHING THE TOWN FINDS ACCEPTABLE DOES NOT REALLY GIVE THE TOWN ASSURANCES AS TO WHAT KIND OF DECOMMISSIONING IS GOING TO HAPPEN.

IN TERMS OF WHAT WE DON'T TOUCH ON WATER. SO WE SAW IN THE PUBLIC RECORDS REQUEST THAT I RECEIVED IN JULY THAT THERE ARE EXPLICIT PLANS TO INSTALL A PUMPING STATION AND WATER TREATMENT FACILITY, WHICH MEANS THAT THERE ARE PLANS TO USE CMID WATER, WHICH THEY ARE PURCHASING WITH THE NORTH PROPERTY.

AS FAR AS I KNOW, ALL THE WATER THAT COMES OUT OF THE GROUND COMES FROM THE SAME PLACE, AND THE ONLY DIFFERENCE BETWEEN POTABLE WATER AND NON-POTABLE WATER IS THAT IT WENT THROUGH A WATER TREATMENT FACILITY. THIS DOES NOT ADDRESS THE FACT THAT THE WORLD HEALTH ORGANIZATION SAYS AT NIGHT TIME, ANYTHING ABOVE 40DB IS KNOWN TO HAVE ADVERSE EFFECTS TO PEOPLE'S HEALTH.

I APPRECIATE THAT YOU'RE TRYING TO MAKE AMENDMENTS TO ADDRESS SOME OF THE CONCERNS WE'VE RAISED, BUT THIS IS STILL WHOLLY INEFFICIENT, DOES NOT CONTAIN THE ENFORCEMENT MECHANISMS NECESSARY TO ACTUALLY CARRY OUT DECOMMISSIONING.

AND IT DOESN'T ADDRESS ROUGHLY A DOZEN OTHER CONCERNS THAT RESIDENTS HAVE RAISED.

I HAVE A PROPER DECOMMISSIONING AND ORDINANCE PLAN.

IF YOU WOULD LIKE TO SEE IT, I'LL PROVIDE IT TO THE CLERK. BUT AGAIN, I DON'T THINK YOU'VE MET THE PUBLIC NOTICE REQUIREMENTS TO ACTUALLY HAVE THIS HEARING.

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HI. I'M A SENIOR. I LIVE IN MARANA AND WHAT'S GOING ON IS YOU GUYS ARE NOT THINKING ABOUT MARANA AS A TOWN.

WE'RE ALL GOING IN THE WRONG DIRECTION. AND WHAT YOU'RE NOT THINKING ABOUT IS ALL THE SENIORS THAT LIVE IN TOWN, YOU'RE GOING TO RAISE OUR WATER BILL, CONSUME THE.

DATA CENTER IS GOING TO CONSUME MASSIVE AMOUNT OF POWER, OVER 100,000W AND STUFF LIKE THAT.

AND OUR UTILITY RATES ARE GOING TO GO SKY HIGH IN MARANA.

OUR WATER IS GOING TO BE USED IN MARANA THAT WE ALREADY DON'T HAVE ENOUGH WATER.

I DON'T WANT MY WATER RATES TO GO UP. MY TAXES ARE ALREADY RAISING BECAUSE OF PIMA COUNTY AND SENIORS ARE ON A LIMITED BUDGET.

YOU'RE NOT THINKING ABOUT US SENIORS THAT LIVE IN MARANA THAT MOVED HERE FOR THE TOWN OF MARANA.

YOU GUYS NEED TO STOP THIS DATA CENTER. IT'S NOT GOOD.

I'VE WORKED IN SCHOOLS. I'VE WORKED IN ALSO IN A DATA CENTER IN A SCHOOL WHERE THEY HAVE THE, THE WHAT DO YOU CALL IT? THE COMPTIA AND ALL THE MASSIVE MACHINES THAT ARE IN A COOLING CENTER.

THERE'S NOBODY RUNNING THOSE DATA CENTERS. NOBODY.

THE ONLY TIME IT GOES IN, SOMEBODY GOES IN THERE IS IF THE SERVER GOES DOWN AND THERE'S AN ISSUE.

THOSE DATA CENTERS ARE NOT GOING TO CONSUME ANYBODY.

IT'S NOT GOING TO HELP WITH ANY NEW JOBS. IT'S NOT GOING TO CREATE ANY NEW JOBS.

IT'S GOING TO USE OUR WATER AND OUR ELECTRICITY, AND WE'RE GOING TO RUIN MARANA.

THANK YOU. [APPLAUSE]. MISS FAIRALL, ARE WE CONSIDERED LEGAL TO HOLD THIS HEARING? CHAIRMAN SCHNEE, I AM LOOKING AT. I'M LOOKING FOR, I SHOULD SAY, THE PUBLISHED NOTICE TO SEE EXACTLY WHAT IT DOES SAY.

IN THE MEANTIME, I THINK WE SHOULD CONSIDER CONTINUE TO HOLD THE PUBLIC HEARING.

OKAY. THANK YOU. NEXT. THANK YOU. MY NAME IS SUE RITZ.

I'M A RESIDENT OF THE TOWN OF MARANA. AND I'D LIKE TO SAY THANK YOU VERY MUCH FOR HAVING THIS MEETING, REGARDLESS OF ITS LEGALITY. I THINK THE ISSUE HERE IS QUITE CLEAR THAT WHEN THE COMMISSION FIRST APPROVED THE ZONING FOR THE DATA CENTER, IT DID NOT HAVE ALL THE FACTS. IN FACT, WE.

AS WE LEARN MORE AND MORE ABOUT WHAT DATA CENTERS ARE THE KIND OF POLLUTION THAT THEY CREATE, THE ACCOUNT, THE AMOUNT OF RESOURCES THEY CONSUME, IT IS VERY CLEAR THAT THIS COMMISSION AND THIS TOWN IS INADEQUATE TO THE JOB OF PROVIDING A ZONING ORDINANCE THAT WOULD PROPERLY COVER A NEW AND EMERGING TECHNOLOGY THAT, AS ITS OWN CREATORS HAVE SAID, HAVE THE POTENTIAL TO KILL US ALL IN TEN YEARS.

NOW, BEYOND THE NUTS AND BOLTS OF A DATA CENTER, YOU ALSO HAVE THE IDEA THAT SOMETHING THIS LARGE IS GOING TO BASICALLY MAKE EVERYBODY IN THE TOWN DO ITS BIDDING.

1500MW IS NOT NOTHING. THAT'S HALF THE NAMEPLATE OF TEP AT THE HIGHEST TEMPERATURE OF OUR SUMMER IN THE SUMMER OF 2024. THE AMOUNT OF ELECTRICITY CONSUMED BY THE ENTIRE REGION WAS ABOUT 1200MW.

THIS THING WILL CONSUME 1500MW IF IT'S EVER BUILT OUT.

SO YOU GUYS DON'T HAVE THE TOOLS THAT YOU NEED.

YOU ARE NOT LISTENING TO THE EXPERTS. YOU STILL GO AND THINK YOU CAN DO THIS ON YOUR OWN.

YOU CANNOT. YOU DO NOT HAVE THE EXPERTISE. YOU NEED TO REACH OUT AND ASK PEOPLE WHO KNOW.

AND THAT MEANS WHAT YOU ACTUALLY NEED TO DO AT THIS HEARING TONIGHT IS PUT A MORATORIUM ON ANY DATA CENTER TO BE BUILT IN THIS TOWN, BECAUSE FEDERAL AND STATE REGULATIONS HAVE NOT YET BEEN WRITTEN THAT WOULD COVER AI AND ITS USE AND ITS POLLUTION AND ITS DOWNSTREAM EFFECTS. THANK YOU. [APPLAUSE] OUR NEXT SPEAKER IS GREG JOHNSON, FOLLOWED BY JULIE PRINCE. GREG JOHNSON.

MY TOPIC TONIGHT. I WANTED TO ADDRESS A DECOMMISSIONING.

I LOOKED AT WHAT WAS PUBLISHED HERE AND I HAD SOME OTHER IDEAS.

SO I DECIDED TO REWRITE IT, WHICH I THINK YOU HAVE COPIES OF.

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BUT PART OF WHAT WE'RE LOOKING AT IS WHAT'S THE DEFINITION OF LIKE DECOMMISSIONING.

WE'RE TALKING ABOUT RESTORING IT TO WHERE IT WAS BEFORE YOU ACTUALLY STARTED BUILDING.

I THINK THAT A YEAR AND A HALF THINGS LEAK. YOU HAVE TO HAVE SOMETHING IN THERE WHERE NOBODY IS IN THERE.

IT'S GOING TO LEAK. YOU'RE GOING TO HAVE A RE REMEDIATION PROBLEM.

AND I WORK FOR REMEDIATION COMPANY A WHILE BACK DEALING WITH TOXIC WORK.

I MEAN, TOXIC CHEMICALS. YOU KNOW, THE STORY I HAVE IS I WENT TO A SITE.

THEY SUITED ME UP WITH A MOON SUIT. THEY GAVE ME A RESPIRATOR.

I WALKED OUT THERE SHOVELING DIRT INTO A MACHINE TO SQUEEZE ALL THE GUNK OUT.

SO ALL THE JUICE COMES OUT OF THE MACHINE. THEY TAKE WHAT'S LEFT.

THEY THROW IT IN AN INCINERATOR 1200 DEGREES.

IT COSTS A LOT OF MONEY FOR REMEDIATION. AND I THINK THAT WE SHOULD LOOK AT THAT LIKE A 14-DAY TYPE OF THING.

I THINK THAT. AT THE TIME THAT THE THAT BILL OR WHOEVER ELSE IT IS SUBMITS THEIR DEVELOPMENT PLAN, YOU NEED TO HAVE APPROVED BOND. I DON'T THINK ANYTHING ELSE WOULD APPLY FROM A REPUTABLE COMPANY.

YOU ALSO NEED TO HAVE A DECOMMISSION PLAN SUBMITTED AT THE SAME TIME THAT NEEDS TO BE REVIEWED ANNUALLY.

YOU NEED TO HAVE SOMEBODY WHO CAN ACTUALLY LOOK AT THAT TYPE OF THING AND BRING THEM IN LIKE A PROFESSIONAL CONSULTING ENGINEER OR FIRM TO TAKE CARE OF THAT.

SO YEAH, I AGREE WITH SOME OF THE THINGS THAT ARE ALSO WRITTEN IN THERE.

THE TOWN PIERS PEOPLE NEED TO BE INCLUDED IN THAT.

THEY NEED TO BE ABLE TO GO IN, BUT YOU NEED SOMEBODY TO CERTIFY THAT WHAT'S GOING ON.

THE CERTIFICATION NEEDS TO BE THE DECOMMISSIONING NEEDS TO BE CERTIFIED BY SOMEBODY PROFESSIONAL THAT IT'S IN ACCORDANCE WITH PROFESSIONAL STANDARDS.

THANK YOU. [APPLAUSE]. NEXT UP WE HAVE JULIE PRINCE.

AND ONE LAST SPEAKER WOULD BE ZACH STOUT. GOOD EVENING.

I AGREE COMPLETELY WITH JACKIE MCGUIRE. I DO NOT BELIEVE THIS PUBLIC HEARING IS LEGITIMATE, ESPECIALLY SINCE THE DOCUMENT THAT'S BEING CONSIDERED HAS BEEN ALTERED AND THE PUBLIC HAS NOT HAD TIME TO REVIEW IT OR EVEN CONSIDER IT, AND THEN COME BACK AND MAKE COMMENTS TO IT. SO I BELIEVE YOU SHOULD TABLE THIS FOR NOW.

CONTINUE YOUR HEARING, I GUESS, IF THAT'S LEGAL AND EXCUSE ME AND BRING THIS BACK TO A FUTURE PLANNING COMMITTEE.

SO ONCE THE PUBLIC CAN LOOK AT IT AND DIGEST IT, THEY CAN ACTUALLY COMMENT ON IT WITH FULL EDUCATION.

ADDING GENERATORS TO THE EXCEPTIONS. WOW. YOU'RE KIDDING, RIGHT? YOU'RE KIDDING? THAT'S THE LOUDEST PART. THAT IS THE LOUDEST PART.

WHEN THEY RUN THOSE GENERATORS AND THEY CAN TEST THEM ANY TIME AND FOR ANY AT LEAST ONCE A WEEK.

THAT IS THAT'S A WOWER. WHAT ACCOUNTABILITY WILL BE ASSESSED SINCE NOTHING STATED IF THE DCE OPERATOR EXCEEDS REQUIRED NOISE LIMITS DURING EACH ANNUAL REQUIRED SOUND TEST. CURRENTLY, IT STATES THAT THE.

THAT THE OPERATOR SHALL FIX IT. NOTHING MORE.

NOTHING HAPPENS. WELL, IF THEY DON'T FIX IT, I GUESS.

OH WELL, EVERYBODY'S KIND OF SCREWED ON THAT ONE.

DECOMMISSIONING TRUST FUND SHOULD BE THE ONLY CHOSEN.

CHOICE MADE FOR FINANCIAL ASSURANCE. ASSURANCE TO ASSURE BILL AND THE FINANCIALLY TROUBLED BLUE OWL CAN PAY FOR DECOMMISSIONING REQUIREMENTS.

THAT'S THE ONLY WAY TO SAFEGUARD THE TOWN AND ITS FINANCIAL INTERESTS.

IN THIS SITUATION, THE MAYOR AND COUNCIL AND THE PUBLIC SHOULD HAVE A SAY IN THE REQUIRED CLEANUP COSTS AND NOT JUST THE TOWN ENGINEER.

THAT IS ALARMING. AND FINALLY, WHAT ABOUT THE FACILITY THAT IS LEFT ONCE THE DECOMMISSIONING PROCESS IS OVER? THE TOWN OF MARANA IS STUCK WITH THIS BIG HUGE WAREHOUSES ON THAT LAND.

SO THOSE ARE MY COMMENTS. PLEASE CONSIDER. THANK YOU.

[APPLAUSE]. OUR FINAL SPEAKER IS ZACH STOUT.

GOOD EVENING EVERYONE. MY NAME IS ZACH STOUT.

FIRST, THANK YOU TO THE STAFF. I APOLOGIZE IN ADVANCE FOR READING A PREWRITTEN DOWN RESPONSE.

SO THIS DRAFT THE DRAFT ANSWERED FOUR QUESTIONS THAT I RAISED WITH THE COUNCIL IN JUNE ABOUT DECOMMISSIONING.

EXCELLENT. THE FORM OF FINANCIAL ASSURANCE, THE AMOUNT INFLATION AND WHAT HAPPENS WHEN OWNERSHIP CHANGES.

[00:35:02]

SO MY ASK TONIGHT ARE MORE NARROW. APPLICABILITY.

SO I'D ASK THE COMMISSION TO HAVE STAFF STATE ON THE RECORD WHETHER THESE AMENDMENTS APPLY TO THE LUCKETT ROAD SPECIFIC PLAN, AND IF THE SPECIFIC PLAN OR THE DEVELOPMENT AGREEMENT FIXES THE RULES AS OF APPROVAL, IN WHICH PROVISIONS BILL HAS PUBLICLY SAID IT WILL BE FULLY COMPLIANT WITH THE TOWN'S DATA CENTER ORDINANCE. I'D ASK WHETHER THAT COMMITMENT EXTENDS TO THE ORDINANCE, AS AMENDED.

ENFORCEABILITY. 2. SO PARAGRAPH K, I BELIEVE, REQUIRES FINANCIAL ASSURANCE, BUT I DON'T SEE LANGUAGE GIVING THE TOWN THE RIGHT TO DRAW ON IT, ENTER THE SITE AND DO THE WORK ITSELF OR RECOVER COSTS BEYOND IT.

THE ONLY ACCESS PROVIDED IS FOR MONITORING. WITHOUT THOSE RIGHTS, COLLECTION DEPENDS ON HOW EACH BOND HAPPENS TO BE WRITTEN.

PLEASE ADD THEM AND PLEASE NARROW QUOTE OTHER MECHANISMS ACCEPTABLE TO THE TOWN THAT CATCH ALL TO EXCLUDE SELF BONDING AND PARENT COMPANY GUARANTEES THE OBLIGOR.

HERE IS A. IS A SINGLE PROJECT LLC. 3. BUILDINGS AS DRAFTED EQUIPMENT QUOTE NOT INTENDED FOR RE-USE MUST BE REMOVED, BUT NOTHING SAYS WHO DECIDES WHAT'S INTENDED OR BY WHEN 2,000,000FT² OF SHELLS COULD STAND INDEFINITELY.

A SIMPLE FIX IF NO PERMITTED RE-USE IS ESTABLISHED WITHIN, SAY, 24 MONTHS.

DEMOLITION IS THEN REQUIRED AND THE ASSURANCE IS SIZED TO INCLUDE IT RELEASED ONCE A RE-USE ACTUALLY HAPPENS.

4. NOISE, THE TOWN'S OWN ACOUSTICAL CONSULTANT RECOMMENDED MEASURING MARANA ACTUAL NIGHTTIME AMBIENT LEVELS BEFORE SETTING THE RESIDENTIAL NIGHT LIMIT, AND CALLED THE EARLIER LIMIT HIGH COMPARED WITH OTHER ORDINANCES.

THE DRAFT LOWERED IT, BUT I DON'T SEE THAT THE MEASUREMENTS WERE USED.

EXCUSE ME. I'D SUGGEST THAT THE LIMIT BE THE LESSER OF 50 DBAS OR MEASURED AMBIENT PLUS FIVE.

AND PLEASE NAME THE VETERANS MEMORIAL CEMETERY AS A PROTECTED RECEPTOR.

FINALLY, I'D ASK THAT THESE BE FORWARDED TO THE COUNCIL AS RECOMMENDED CHANGES.

AND THANK YOU FOR YOUR TIME. HAVE A GOOD EVENING.

THANK YOU. [APPLAUSE]. MR. CHAIRMAN, I HAVE NO OTHER SPEAKER CARDS.

OKAY, WE'LL CLOSE THE PUBLIC PORTION. CHAIRMAN SCHNEE, I DID LOCATE THE PUBLIC HEARING NOTICE THAT WAS PUBLISHED. AND IT DOES CONTAIN THE ERROR THAT MR. MCBRIDE MENTIONED, THAT IT REFERS TO SECTION 17-6-3 IN 2 PLACES WHERE IT SHOULD SAY 17-6-13 IN ANOTHER LOCATION IT DOES REFER TO 17-6-13 IN MY OPINION, THE HEARING IS STILL LAWFULLY NOTICED UNDER STATE STATUTE.

THE NOTICE OF THE TIME AND PLACE OF THE HEARING INCLUDES A GENERAL EXPLANATION OF THE MATTER TO BE CONSIDERED IS WHAT THE STATUTE REQUIRES. THE NOTICE CLEARLY DID THAT. IT SAYS THAT IT'S FOR DISCUSSION OF PROPOSED AMENDMENTS TO THE DATA CENTER SECTIONS OF THE TOWN CODE, INCLUDING NOISE ATTENUATION AND ESTABLISHING DECOMMISSIONING OF DATA CENTERS.

SO I THINK THAT IT COMPLIES WITH WHAT'S REQUIRED BY THE STATE LAW, AND THAT IT DOES INCLUDE A GENERAL EXPLANATION OF THE MATTER IN SPITE OF THE TWO TYPOGRAPHICAL ERRORS. OKAY. THANK YOU. WHERE DO WE GET A COPY OF THE SIX PAGE PDF THAT IS NOT LINKED IN THAT YES. TO RESPOND TO YOU, THERE IS NO REQUIREMENT THAT UNDER STATE LAW THAT THE TOWN ACTUALLY PUBLISH THE ORDINANCE ITSELF.

THAT'S SOMETHING THAT THE TOWN CHOOSES TO DO.

IN AN ATTEMPT TO BE MORE TRANSPARENT. AND IN ALL HONESTY, WE PUBLISH IT ON OUR WEBSITE AND PUT IT IN THE AGENDA PACKET.

THAT'S NOT A REQUIREMENT THAT WE DO THAT. AND WE BY NOTICING THE PUBLIC HEARING, WE CAN TALK ABOUT RECOMMENDED CHANGES AT THE PUBLIC HEARING THAT THAT IS WHEN SOMETHING LIKE THIS TAKES PLACE, THAT'S THE WHOLE POINT OF A PUBLIC HEARING IS TO CONTINUE TO DISCUSS THE SUBJECT OF THE PUBLIC HEARING. SO I ALSO DO NOT BELIEVE THAT THAT IS A VIOLATION OF THE PUBLIC HEARING NOTICE OR THE PUBLIC NOTICE REQUIREMENTS. IF THE COMMISSION CHOOSES TO RECOMMEND APPROVAL TO THE COUNCIL OF THIS VERSION THAT WE'VE PRESENTED TO YOU HERE TONIGHT, THEN THIS VERSION WILL BE THE VERSION THAT IS IN THE COUNCIL PACKET, AND THAT IS PUBLISHED ON THE TOWN'S WEBSITE.

OKAY. THANK YOU.

[00:40:22]

SCROLLING DOWN HERE.

CHAIRMAN SCHNEE, COMMISSIONER BOWEN. I MEAN, IN GENERAL, ANY VIOLATION OF THIS ORDINANCE OR OF THE LAND DEVELOPMENT CODE IS A CODE VIOLATION. AND SO THE PENALTY IS THAT YOU CAN BE CITED AND THAT EACH DAY OF OPERATING IN VIOLATION OF THE CODE IS A NEW VIOLATION. THERE ARE FINES. THERE COULD BE ACTION TAKEN ON A BUSINESS LICENSE COULD BE REVOKED OR SUSPENDED.

THOSE ARE THE TYPES OF PENALTIES THAT YOU'RE TALKING ABOUT IN ANY ZONING ORDINANCE AND LAND DEVELOPMENT CODE.

ALL RIGHT. ALL RIGHT. SO THEY'RE THE SAME AS ANY OTHER BUSINESS THAT VIOLATES CODE IN THE TOWN.

CHAIRMAN SCHNEE, COMMISSIONER BOWEN. YES. THE ONLY EXCEPTION, I GUESS I WOULD SAY TO THAT IS THAT WE DO HAVE SOME ADDITIONAL REQUIREMENTS IN THE CODE.

THE ORIGINAL CODE THAT WE'RE NOT CHANGING TODAY THAT TALK ABOUT THAT WE THE TESTING THAT HAS TO BE DONE BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED ON THE NOISE ISSUE. SO WE CAN WITHHOLD THE CERTIFICATE OF OCCUPANCY IF THE NOISE IS NOT BEING MITIGATED TO THE LEVELS THAT IT NEEDS TO BE. AND THEN THERE ARE ALSO REQUIREMENTS FOR CONTINUAL TESTING FOR A PERIOD OF FIVE YEARS.

I'M TRYING TO READ THIS, BUT MY. I DIDN'T BRING MY READING GLASSES, BUT.

YOU DIDN'T BRING YOUR READING GLASSES? [LAUGHTER] YES. SO, BUT THERE ARE, THEY HAVE TO DO CONTINUING STUDIES FOR A PERIOD OF FIVE YEARS AFTER OPERATION COMMENCES. SO THOSE ARE ADDITIONAL REQUIREMENTS ON A DATA CENTER OPERATOR THAT DON'T EXIST ON OTHER BUSINESSES.

OKAY. ALL RIGHT. SO THE REQUIREMENTS EXIST. THE CODE PENALTIES ARE THE SAME AS FOR OTHER BUSINESSES, BUT WITH ADDITIONAL RESTRICTIONS ON THIS PARTICULAR BUSINESS AS I UNDERSTAND IT.

ALL RIGHT. CORRECT. AND FOR DECOMMISSIONING, WHAT ARE THE PENALTIES FOR FAILING TO DECOMMISSION WITHIN THE SET TIME? I BELIEVE THOSE ARE THE SAME SAME STANDARD CODE VIOLATIONS. CODE VIOLATIONS YES.

OKAY. AND AS I UNDERSTAND IT, THE DECOMMISSIONING, THE BOND HAS TO BE POSTED BEFORE A CERTIFICATE OF OCCUPANCY IS ISSUED, WHICH INCLUDES ESTIMATED COSTS OF DECOMMISSIONING PLUS A 15% CONTINGENCY REVIEWED ANNUALLY AND CERTIFIED BY PROFESSIONAL CONSULTING ENGINEER AND THEN APPROVED BY THE TOWN ENGINEER.

SO WE'RE NOT BYPASSING PROFESSIONAL EXPERTISE IN THIS, ARE WE? NO. OKAY. ACTUALLY CHAIRMAN SCHNEE, COMMISSIONER BOWEN.

THE I THINK YOU'RE MIXING THE NOISE ATTENUATION AND THE DECOMMISSIONING THERE.

THE SO THE AMOUNT. THE FINANCIAL ASSURANCES ARE.

HAVE TO BE SUBMITTED AT THE TIME OF DEVELOPMENT PLAN.

SO THAT IS VERY EARLY ON IN THE PROCESS. THAT'S BEFORE ANY BUILDING BEGINS.

THAT'S LONG BEFORE A CERTIFICATE OF OCCUPANCY.

AND IT WILL BE BASED ON THE SCOPE OF THE DEVELOPMENT PLAN, HOW MANY BUILDINGS THERE ARE, WHERE THEY ARE, EXCUSE ME, THAT KIND OF THAT IS WHAT WILL BE GOING INTO DETERMINING THE AMOUNT OF THE FINANCIAL ASSURANCE.

AND THEN AS IT STATES, IT CAN BE IT'LL BE REVIEWED AND IT WILL HAVE TO BE UPDATED OVER THE YEARS AS THERE ARE ADDITIONS MADE OR EXPANSIONS ON THE SITE. SO THE DATA CENTER DEVELOPER WILL BE, TAKE BE THE ONES TO CALCULATE IT BASED ON THE DEVELOPMENT PLAN THAT THEY'VE SUBMITTED.

BUT IT DOES HAVE TO BE APPROVED BY THE TOWN ENGINEER, WHICH IS AGAIN QUITE TYPICAL OF HOW WE HANDLE ASSURANCES IN THE TOWN.

AND THERE'S IF THERE'S NOTHING THAT WOULD PREVENT THE TOWN FROM HAVING EXPERT CONSULTANTS REVIEW THAT IF THE, THE TOWN ENGINEER OR OTHERS FELT THAT IT WAS NECESSARY.

[00:45:03]

THAT'S NOT. THAT IS FROM MR. JOHNSON. OH, I SEE.

WHAT YOU'RE READING IS FROM MR. JOHNSON [LAUGHTER].

ALL RIGHT. GOT IT. ALL RIGHT. I'M. I'M TRACKING NOW.

ALL RIGHT. SO CODE VIOLATIONS ARE CODE VIOLATIONS, NO MATTER WHAT, THEY SHOW UP WITH ADDITIONAL RESTRICTIONS FOR THIS.

ALL RIGHT, THAT'S ALL FOR MY QUESTIONS RIGHT NOW. THANK YOU.

VICE CHAIR FLINT. THANK YOU VERY MUCH, MR. CHAIRMAN.

YOU KNOW, ONE THING I HAVE TO AGREE WITH IS THAT THIS IS A FLUID SITUATION.

THIS IS SOMETHING NEW THAT IS TO EVERY JURISDICTION THAT IS CONTEMPLATING THESE TYPES OF DEVELOPMENTS.

AND I'D LIKE TO THANK THE STAFF THAT WHEN WE ADOPTED THE FIRST ORDINANCE, THAT IT WASN'T A ONE AND DONE THAT WE'RE COMING BACK AS WE LEARNED THINGS TO ENHANCE THE SAFEGUARDS WITHIN THE ORDINANCE.

AND I THINK THE DECOMMISSIONING SPEAKS VOLUMES TO THAT.

AND I WOULD EXPECT THAT OVER THE COURSE OF TIME, AS WE DO LEARN MORE, THAT WE'RE GOING TO COME BACK AND HAVE MORE AMENDMENTS TO THE CODE.

AND I THINK IF YOU LOOK JUST BEYOND MARANA AT PIMA COUNTY AND THE CITY OF TUCSON AND OTHERS, THAT WE ARE FAR AHEAD OF WHERE THEY ARE AS FAR AS OFFERING PROTECTIONS FOR HAVING A DATA CENTER.

THE, I WROTE A COUPLE OF THINGS DOWN HERE. MISS FAIRALL, IF I RECALL, WHEN WE WERE ADOPTING THE ORDINANCE THAT THERE WAS A STANDARD FOR GENERATORS THAT WAS ENACTED BY THE FEDERAL GOVERNMENT THAT, THAT THERE ARE STANDARDS.

AND IF I RECALL CORRECTLY, THE STANDARDS THAT WERE APPLIED TO THE ORIGINAL ORDINANCE WERE THE MOST STRINGENT STANDARD, THAT IT HAD TO BE THE QUIETEST LEVEL GENERATOR WITHIN THE STANDARDS THAT WERE ESTABLISHED BY THE FEDERAL GOVERNMENT.

IS THAT CORRECT? CHAIRMAN SCHNEE, VICE CHAIR FLINT, THAT IT'S THE TIER 4 OR NEWER TYPE GENERATOR THAT'S ACTUALLY RELATED TO EPA EMISSIONS RATHER THAN NOISE, IS WHAT THAT REGULATION IS ABOUT.

AND THERE'S NOTHING TO SAY THAT IF THE FEDERAL GOVERNMENT ENHANCES THOSE REGULATIONS, THAT WE COULD NOT COME BACK AND ADOPT THOSE ENHANCED REGULATIONS WITHIN THE TOWN. CHAIRMAN SCHNEE, VICE CHAIR FLINT. ABSOLUTELY.

OKAY. BRETT, CAN YOU GO TO 2.A ON DECOMMISSIONING? I THINK I HAD A QUESTION THERE. OKAY. SO THE, THE.

PURPOSE OF THE DECOMMISSIONING PRIMARILY IS FOR THE SAFETY OF THE SITE AND THE SAFETY OF THOSE AROUND THE SITE.

NOT NECESSARILY FOR REPURPOSING THE SITE. IS THAT CORRECT? CORRECT. OKAY. AND THERE WAS A COMMENT REGARDING IF THE PROJECT WASN'T COMPLETED.

MID-CONSTRUCTION. BUT THAT'S A FUNCTION OF THE BUILDING CODE, ISN'T IT? NOT A NOT A FUNCTION OF A SEPARATE CODE THAT IF, FOR EXAMPLE, IF A HOUSE IS UNDER CONSTRUCTION, THE MIDDLE OF CONSTRUCTION, THAT IT CEASES FOR SOME REASON IT BECOMES A FUNCTION OF THE BUILDING CODE AND THEN THE MUNICIPAL CODE FOR DERELICTION OR WHATEVER.

YES. OKAY. SO THIS WOULD BE TREATED IN THE SAME MANNER.

YES.

THERE ARE PROVISIONS WITHIN THE BUILDING CODE AND WITHIN THE TOWN CODE FOR CLEANLINESS OF PROPERTY AND THOSE TYPES OF THINGS.

CORRECT. OKAY. ON ENFORCEMENT WE SAID THE ENFORCEMENT MISS FAIRALL, WOULD GO THROUGH THE FIRST OF THE MARANA MUNICIPAL COURT. CHAIRMAN SCHNEE, VICE CHAIR FLINT.

THAT'S CORRECT. ZONING VIOLATIONS ARE HANDLED THROUGH OUR CODE ENFORCEMENT TEAM.

AND IF THE PROPERTY OWNER CHOSE NOT TO ACKNOWLEDGE THE VIOLATION THEN FINES WOULD ACCRUE? WOULD BE THE NEXT COURSE OF ACTION? CHAIRMAN SCHNEE, VICE CHAIR FLINT THAT IS ONE METHOD OF I GUESS TRYING TO GAIN COMPLIANCE.

YES. OKAY. AND THEN WE ALSO HAVE THE PROVISION FOR DECOMMISSIONING?

[00:50:01]

AND ONE OTHER THING IS I STILL HEAR I'D LIKE TO THANK THE GENTLEMAN THAT I WAS AT THE I KNOW YOU WERE BEFORE US BEFORE.

AND I WAS AT THE TOWN COUNCIL MEETINGS WHEN YOU CAME FORWARD.

AND I HOPE THAT YOU RECOGNIZE YOU'RE LISTENED TO.

BECAUSE WE DID. I THINK THE TOWN WENT THROUGH THE EFFORT AND THE EXERCISE TO TAKE THAT INTO ACCOUNT.

AND I THINK WHAT WE'VE, WE'VE GOT A GOOD START HERE TOWARDS THAT.

SO I JUST WANT TO SAY THE PROCESS WORKS OF HAVING THE HEARINGS AND THAT YOU'RE LISTENED TO.

AND I THANK YOU FOR YOUR PARTICIPATION IN COMING FORWARD AND BRINGING THAT TO OUR ATTENTION AND PARTICIPATING.

I DON'T THINK I'VE GOT ANYTHING ELSE, MR. CHAIRMAN MY TURN. THE TOWN OF MARANA DRAFTED THE INITIAL ORDINANCE UP AND HAD THE FORESIGHT TO GET MD ACOUSTICS TO EVALUATE THE ORDINANCE. AND I'M SITTING HERE LOOKING AT A MANY, MANY PAGE ANALYSIS FROM MD ACOUSTICS, AND THE RECOMMENDATIONS THAT THEY MADE WERE FULLY INCORPORATED INTO THE DRAFT ORDINANCE.

SO I SPENT. A LOT OF TIME IN GERMANY WITH THE AIR FORCE WORKING NOISE ABATEMENT FROM THE AIRFIELDS. AND I THINK THIS ORDINANCE IS VERY SOLID. AND SO I'M THINKING THAT I AM TENDING TO VOTE IN FAVOR OF THIS. SO IF THERE'S ANY OTHER MEMBERS THAT WOULD LIKE TO MAKE A MOTION TO APPROVE. MR. CHAIRMAN, WE DON'T HAVE ANY CONDITIONS OR AMENDMENTS OR ANYTHING ELSE TO BRING FORWARD? OUTSIDE OF WHAT WAS PRESENTED.

VICE CHAIR FLINT. YES, THAT IS THE STAFF RECOMMENDATION.

IS THAT THE VERSION THAT I PUT UP ON THE SCREEN AND WENT OVER IS THE VERSION THAT IS RECOMMENDED FOR APPROVAL.

IN THAT CASE, I'LL MOVE TO RECOMMEND THE STAFF RECOMMENDATION BE RECOMMENDED TO THE TOWN COUNCIL.

SECOND. OKAY. ROLL CALL. COMMISSIONER TYSON. AYE.

COMMISSIONER PARSONS. AYE. COMMISSIONER MCINTYRE.

AYE. COMMISSIONER HILL. AYE. COMMISSIONER BOWEN.

AYE. VICE CHAIR FLINT. AYE. CHAIRMAN SCHNEE. AYE.

MOTION PASSES. THANK YOU. OKAY, SO COMMISSION ACTION. I DON'T THINK WE HAVE ANYTHING. INFORMATIONAL ITEMS, POSSIBLE ACTION ITEMS. DISCUSSION AND POSSIBLE RESCHEDULING OR CANCELLATION OF THE NOVEMBER 25TH AND THE DECEMBER 30TH MEETINGS. MR. WITTENBERG. THANK YOU.

THIS.

YOU'RE GOING TO DESTROY OUR TOWN OF MARANA MR. WITTENBERG HAS THE FLOOR. THANK YOU MA'AM.

SO THE INFORMATIONAL POSSIBLE ACTION ITEMS. THE NOVEMBER AND DECEMBER PLANNING COMMISSION MEETINGS IN THE PAST WITH THE HOLIDAYS AND EVERYTHING.

THE WAY THE MEETING DATES FALL I BELIEVE THAT THE NOVEMBER PLANNING COMMISSION MEETING IS THE WEDNESDAY BEFORE THANKSGIVING.

YOU DON'T WANT TO COME TO A MEETING WITH US? [LAUGHTER] SO WE JUST WANTED TO CHECK WITH THE PLANNING COMMISSIONERS. TYPICALLY, IN THE PAST, WE'VE HELD ONE THE SECOND WEEK ROUGHLY OF DECEMBER, WHICH WOULD BE A SPECIAL MEETING SINCE IT'S NOT A REGULAR POSTED MEETING.

[00:55:01]

SECOND TUESDAY IN DECEMBER. MR. CHAIRMAN THAT WOULD BE THE SECOND WEDNESDAY.

OKAY. SECOND WEDNESDAY. WHAT'S THE DATE? DECEMBER 9TH. I'M IN FAVOR OF DECEMBER 9TH. WORKS FOR ME YEAH. CAN EVERYONE MAKE IT? OKAY. DECEMBER 9TH.

MR. CHAIR, WE'LL NEED A MOTION TO CANCEL THE NOVEMBER 25TH, 2026 PLANNING COMMISSION AND THE DECEMBER 30TH, 2026 PLANNING COMMISSION AND TO SCHEDULE A SPECIAL PLANNING COMMISSION MEETING ON DECEMBER 9TH, 2026. MR. CHAIRMAN, I'LL MOVE JUST WHAT THE TOWN ATTORNEY SAID.

DO WE HAVE A SECOND? I'LL SECOND. OKAY. ALL IN FAVOR? AYE. OPPOSED? OKAY. I GUESS WE'RE DONE. MEETING ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.