[0:00] Planning Commission for August 17th, [0:02] 2026. Roll call. Mlan [0:05] >> here. [0:05] >> Bradshaw [0:06] >> here. [0:07] >> Uh Curtis is here. Visser [0:09] >> present. [0:09] >> Cutler is here. [0:11] >> All right. Need a motion for the [0:13] consideration of the meeting agenda. [0:16] >> So moved. [0:16] >> Moved by Cutler. Support by [0:19] >> support. [0:20] >> Mlan. [0:22] Need further discussion. All those in [0:24] favor say I. I. [0:26] >> All those opposed. We have a agenda at [0:28] this time. We will have a public comment [0:31] period brief up to two minutes for [0:33] anything uh anyone would like to talk [0:35] about. Please note we will be having a [0:37] public hearing for the item 6A public [0:41] hearing in consideration of a special [0:43] land use um for homebased business uh at [0:47] a later time. So if you are here to talk [0:49] about that, there's a separate time for [0:51] that. [0:57] » Please don't move. Okay. Hello. Good [1:00] evening. I'm uh Danielle Grassid and [1:03] I've only been to the Gaines Township [1:06] meetings. So, I'm just going off of what [1:09] I think I'm supposed to do. So, I I live [1:11] in Calonia Township on 7010 Patterson. [1:15] I'm right across the street from Gaines [1:17] Township, though. So, I've been going to [1:19] their meetings about the data center [1:22] ordinance discussions. [1:24] And um I I just noticed yours recently [1:28] and I skimmed through it quick. Uh [1:30] something I noticed was you didn't have [1:32] anything specific to the DBC and tonal [1:36] noise and it sounds like someone in the [1:38] audience is going to have some [1:40] information for you on that. I have a [1:42] preschooler that's going to be going to [1:44] Dutton Elementary. And so you guys have [1:46] residents and a school really, really [1:48] close to that border. And so I'm just [1:52] trying to get maybe your township to [1:55] help their township also meet some like [1:59] stringent ordinance numbers to make it [2:03] so we all enjoy our properties and our [2:06] students aren't annoyed during the day. [2:11] Yep. Okay. Thanks. [2:12] >> Thank you. [2:21] » Uh name is Greg Cummage. C O M E G YS [2:26] live on 92nd Street. Been a resident of [2:30] the township here for 40ome years, I [2:33] believe. Now, uh on the on the subject [2:35] of noise, um I want to address that [2:38] later. five minute sessions, but I'd [2:40] like to just um um sort of tell you [2:44] about an experience my wife and I had [2:46] with respect to noise. Um I had a high [2:49] school reunion in South Meshawaka a [2:51] couple weeks ago and on the way home I [2:54] told my wife I said let's just swing by [2:56] Dwag because it's in the news and people [2:59] are suing because of the uh the sound [3:02] situation. So we drove through through [3:05] Dwajak and u located the site there and [3:09] uh as soon as we opened the windows and [3:11] we were parked on the street right in [3:13] front of the residential area. Soon as [3:15] we opened the windows our vehicle would [3:18] just fill with this screeching whining [3:22] uh noise just continuous noise. And uh I [3:27] have a little app on my phone that [3:29] measures dB with in the vehicle with the [3:32] windows closed, the engine off. It was [3:33] like 60. I got out and I walked into the [3:36] facility. I didn't go beyond the uh the [3:40] imposing uh gate and the red light and [3:43] all that. I stopped short of that, took [3:46] some pictures of the facility, and then [3:48] measured the noise. It immediately [3:50] jumped up to about 90 dB right there. Uh [3:53] I hadn't been there too long. security [3:55] guard worked his way across the parking [3:57] lot and um confronted me and said, [4:00] "You're on private property." And I [4:02] said, "Well, I'm behind the gate." I [4:04] said, "Okay." And he said, "I don't [4:05] care. You're still on private property." [4:07] Now, I went about 50 ft from the road on [4:09] the little entrance drive to it. And he [4:12] uh he said, "You're on private property. [4:13] You're going to get out of here." So, he [4:15] escorted me all the way back to our [4:16] vehicle and then waited until we left. [4:19] So, the noise is very palpable. This is [4:22] a fairly small data center. compared to [4:25] some of the monster ones. [4:27] >> I'm sorry, your time is up. [4:28] >> My time is up. All right. You You'll [4:30] hear from me in five minutes time, too. [4:33] >> Thank you, Greg. [4:47] » Hi, I'm Kaylee Doring. I live at 5858 [4:49] Lawnmore Court in the Greymore [4:51] neighborhood. [4:53] Um, and just seeing that air data center [4:56] ordinance discussion is on the agenda [4:59] today, we sorry, I just want to [5:04] reiterate the fact again that while that [5:07] data center ordinance is very important, [5:08] it's also important to remember that we [5:11] still have the ability to look at our [5:12] master plan. Um, well, you have the [5:15] ability to look at the master plan and [5:17] make some decisions on that and maybe [5:19] just look at changing what the plan says [5:22] instead of making some of those zones [5:25] light industrial and maybe making them [5:27] mixed use instead and making our [5:29] community a better place to be as [5:31] opposed to a place where we are inviting [5:34] things like data centers or other things [5:36] in light industrial zoning um to places [5:40] like next to our neighborhood. [5:42] Um, I also have [5:48] uh [5:50] a letter here that has been drafted just [5:53] to kind of give some more information. I [5:54] think some [5:58] um things just to consider when going [6:02] over that ordinance if I'm allowed to [6:05] approach and give it to you. Is that [6:08] allowed? Is that okay? Or I can give it [6:10] to you, Miss Lenny. [6:29] Thank you. [6:36] So, I just want to um make clear that we [6:39] will not be allowed to make comments uh [6:42] during the discussion of the ordinance. [6:44] Is that what I'm understanding? [6:46] >> It's not a public hearing. No. [6:49] >> Okay. And you won't make an exception [6:50] for such? [6:52] >> It's not a public hearing. No. [6:55] >> Okay. Well, great. I'll head right to it [6:57] then. Um so, number of issues. Deb [7:00] Steady, by the way, uh resident There [7:03] are a number of issues that need to be [7:05] strengthened in this draft ordinance. I [7:07] will deal with one important aspect, [7:08] noise and vibration. Um, I'm going to [7:11] pass out what was provided to me uh by [7:15] pen future as a model ordinance and I [7:17] think you can see the deficiencies in [7:19] how this ordinance is dealing with [7:21] noise. Um, specifically the application [7:25] requires a detailed acoustic study to [7:27] minimize noise and achieve a neutral [7:28] impact on adjacent and neighboring [7:30] nearby properties. How is neutral impact [7:33] defined? Um, maximum overall noise limit [7:36] is not specified. Section 3.61. Does [7:40] this mean an equivalent continuous sound [7:42] level? How will this be measured? Over [7:44] what time frame will this be the same [7:46] for all types of properties surrounding [7:48] the data center? See the sample [7:50] ordinance. Um, the use shall not exceed [7:53] the decibel levels in the designated [7:55] octave bands below. I couldn't find the [7:58] octave bands below in that draft. Um [8:02] same paragraph maximum overall noise [8:04] limit shall be 60 dbas. The dBA scale uh [8:07] scale only registers sound in the [8:09] audible range. Um this eliminates the [8:12] recording of pressure impulses below 20 [8:16] hertz referred to as infrasound [8:19] significant health impacts on humans and [8:21] animals. Section page 13, section 8, PC [8:25] may authorize other or different [8:27] alternative regulations and conditions, [8:30] blah blah blah. An unelected [8:33] commission should not have this [8:34] authority. Any modification should [8:36] require public hearings and township [8:38] board approval. You got to clean up the [8:40] setbacks on page five and 10. Um there's [8:44] discrepancies in what each of those [8:46] areas are presenting. Um [8:49] >> thank you. Your time's up. [8:51] >> Well, thank you. [8:52] So what I will do is pass the model [8:55] ordinance. [8:56] >> Just excuse me. Excuse me. Stop. [9:00] >> Give it to Miss Len and she will [9:02] distribute it [9:03] >> during the discussion or [9:06] >> your time is up. Please give it to Miss [9:08] Len and she will distribute it. [9:09] >> I will persist and hand this out. Thank [9:12] you [9:14] >> for you as well. Attorney might be very [9:17] interested. [9:20] ordinances if you like to see it. You [9:23] can throw it over your shoulder. Thank [9:25] you. [9:43] » Seeing no other public comment, we will [9:45] close the brief public comment period. [9:47] Uh at this time we need a um considerate [9:50] a motion for the consideration of the [9:52] meeting minutes for July 20th, 2026. [9:55] >> So moved. [9:56] >> Moved by Cutler, support by [9:58] >> Yes, sir. [10:02] » Any other changes, comments? [10:05] All those in favor say I. [10:06] >> I. [10:07] >> All those opposed? Motion passes. [10:09] Conflict of interest. Does anybody have [10:12] a uh conflict of interest for any agenda [10:14] item [10:16] on tonight? [10:18] Seeing none, we'll move to item 6A, new [10:21] business. This is a public hearing in [10:23] consideration of a special land use for [10:24] a homebased business called Platinum [10:26] Ponds. Special use enables a larger sign [10:29] in the RR zoning district. Applicant is [10:31] Ryan Parno, address 5380 with a parcel [10:35] 412331209. [10:38] [snorts] [10:40] The applicant has asked us to [10:43] uh postpone [10:45] this item until a meeting in September [10:48] due to a conflict. As the public uh um [10:53] hearing was noticed, we will hold the [10:56] public hearing at this time and likely [11:00] at the next meeting as well. [11:03] So if anybody's here to speak about [11:06] item 6A, [11:09] happy to hear. [11:14] » Hold on. Hold on. [11:20] » I mean, you both can come off at the [11:24] same time. [11:25] >> Okay. Right. [11:27] >> Um, good evening. My name is Aaron. Um, [11:30] I'm a resident of Calon. I live on Farm [11:32] Grow Court. Uh we've lived there for a [11:35] decade now. Um I I I was born and raised [11:39] in West Michigan. Uh love Calonia area. [11:42] A big reason uh that we moved here is [11:45] the familyfriendly atmosphere. We have [11:47] five children. My youngest is four. Um [11:50] and I am here to speak and respectfully [11:53] request that uh the board consider [11:56] denying the motion. Um, [11:58] my backyard butts up to that property [12:01] and my youngest is four and I don't want [12:03] him to, you know, have to play in a [12:06] backyard with commercial business right [12:09] there. I I think that it goes against [12:13] the [12:16] uh the atmosphere of our neighborhood. [12:18] Um, [12:20] and uh [12:22] I I find it frustrating. I feel like as [12:24] soon as they built there, they put up [12:26] the sign and I believe it's more of a [12:28] asking for forgiveness than permission. [12:30] And so I would respectfully ask the [12:33] township to consider declining that [12:36] request. Thank you for your time. [12:38] >> Yeah. Thank you, Erin. [12:38] >> Thank you. [12:46] » My name's Christine Broberg. I live on [12:48] Farm Court as well. Now, the property in [12:52] question does not come all the way into [12:54] my backyard. We were caught off guard by [12:57] the notice because we all saw the sign. [13:01] Based on what I'm reading though, I need [13:03] more information to know what it is [13:05] exactly he wants. Does he just want a [13:07] bigger sign or are we gonna are we [13:09] talking about having gigantic machinery [13:12] in the backyard that is actually making [13:14] it look like it's almost like a [13:16] construction type business that's in our [13:18] neighborhood? and there wasn't enough [13:21] information presented yet for us to have [13:23] any sort of ability to research or [13:27] understand what it is that's being asked [13:29] because according to what I'm reading in [13:31] the agenda, it looks like he just wants [13:32] a bigger sign. [13:35] And so that's we're just looking for [13:36] more information before we would even be [13:38] able to give a proper [13:42] opinion on what it would what we agree [13:44] with or not. So that's what we're [13:46] looking for. at least a chunk of us. [13:49] >> Thank you. [13:50] >> All right. Thank you. [14:03] » Hi, thank you for um hearing my [14:05] comments. My name is Laura Burr. I'm [14:06] Aaron's wife. Um I am almost a lifelong [14:09] resident of Calonia. We moved to Calonia [14:11] when I was eight. I grew up at 491 [14:13] Johnson in the old um Fingfinder [14:16] farmhouse there. Um and really have [14:18] lived in in Calonia outside of the time [14:20] that um we lived in Cleveland when Aaron [14:22] was in law school. Um I understand that [14:28] the the um the farm that's right behind [14:31] us sold that property um for the house [14:34] that was then built there. That's fine. [14:36] That's the farmer's prerogative to do [14:37] that. But, um, I I kind of, as Erin [14:41] said, I I it feels like they're asking [14:43] for more forgiveness for this zoning, [14:47] um, than permission because the sign's [14:49] been up for quite a while. The business [14:51] address on Platinum Pal's website is [14:53] listed at that location. It's already [14:56] listed there. So, that doesn't sound [14:58] like we had a business, we have a [14:59] business elsewhere that we're going to [15:01] move here. And it's been in business [15:02] since 2015. Um, so I don't know where [15:05] they were operating prior to the last [15:08] year or so, but um, it it just doesn't [15:11] feel great that that's right behind us. [15:13] That, as Aaron said, that affects my [15:14] family. That affects our property [15:16] values. Um, too, having a commercial [15:17] zoning site directly behind us. Um, and [15:21] Calonia has changed a lot in the the [15:24] years that I've lived here. Um, we used [15:26] to call it Cowonia affectionately when I was younger because it was such a [15:30] rural community. Um, and I I get that [15:32] the wheels of time continue to move and I'm not arguing against, you know, [15:36] certain in general the fact that [15:39] development continues to happen. Um, but [15:42] we don't always have to say yes. It [15:43] doesn't always have to happen. Um, and [15:45] especially on on my street when it [15:47] affects me directly in my backyard, I [15:49] would really respectfully request the [15:50] township um deny the the uh reszoning of [15:54] that property. Thank you. [15:56] >> Thank you. [16:07] Can I put a new item? Hold on. [16:11] >> Not in the middle of something else. [16:16] » Uh well, I have to close it. Um at this [16:19] time, we'll close the public uh hearing [16:22] for item 6A. Uh no action is planned on [16:27] that tonight. Mr. this. [16:29] >> Uh, new I'd like to add an agenda item [16:32] for discussion. Um, if I can for next [16:36] meeting. [16:37] >> Yeah, let's get that at the end. [16:39] >> Okay. Thank you. [16:42] >> I thought you meant tonight. I'm like [16:44] that time pass. [clears throat] [16:49] » Any other [16:51] >> um I I don't know if you want to have [16:53] Len do any brief introduction on it. I [16:56] know. Yeah, I mean we have people who [16:58] want to kind of know about it. So, can [16:59] you do the five minute quick [17:03] what's [17:04] >> Yes. And I don't have my whole file [17:05] here, but um the applicant has requested [17:08] to postpone this uh hearing item until [17:11] the September 21st meeting. So, he was [17:14] going to be out of town tonight. So, [17:16] requested that this continue into the [17:18] September date. Uh my understanding is [17:21] that the applicant does have an [17:23] accessory building on site. There are um [17:27] there's a dumpster he plans to keep on [17:30] site, he said to to enable him to, you [17:35] know, uh [17:37] dispose of items from other sites where [17:41] he builds ponds and pools. Um the zoning [17:46] inspector has been out to the property [17:49] because we did get a complaint about the [17:51] sign. So, a sign was put up. It's larger [17:54] than we allow in the residential the RR [17:57] zoning district. The only way to have a [17:59] larger sign is through the homebased [18:02] business process. Um he claims that he [18:07] is not conducting a homebased business [18:09] despite the sign being there and all of [18:12] the you know Google documentation and [18:15] research we've done that uh ties the [18:18] business to his home. He has materials [18:22] stored on the property. Um, and he has [18:26] provided us a plan for building his own [18:30] pond/pool [18:32] on the property and said that the [18:34] materials that he has there he bought on [18:37] discount on sale at the end of the [18:39] season and they're stored there for his [18:41] project at home. He did provide in his [18:45] application that he rents space for his [18:50] business um in Wyoming and somewhere [18:53] else in Kentwood where he stores [18:56] equipment for the business there. Um we [19:00] have not visited those sites. Um he did [19:03] mention he has two employees but he said [19:06] that they do not operate out of the home [19:09] on 100th Street. Again, we're not out [19:13] there at all hours of the day inspecting [19:16] that and verifying that. Um, that's just [19:18] the information that we have today. Um, [19:22] so the purpose [19:25] is, you know, whether whether we grant a [19:27] homebased business there is is number [19:30] one. And if he has a homebased business, [19:33] then this uh special use because [19:36] homebased business is a special use that [19:40] you can also consider a bigger sign. I [19:43] don't think we could just allow a bigger [19:45] sign unless we say yes to the homebased [19:48] business too, right? They go together. [19:50] Um so that's the information we have [19:52] today. Um, we can provide any other [19:57] packet information for neighbors. Um, if [20:01] you stop by our office or send an email, [20:04] we can we can share that with you. Um, [20:07] but that's what I have. I think the rest [20:10] of it we will look at um in September. [20:16] » All right, Christine, if you want to [20:19] grab that from Miss Len at some point. [20:23] Um, it's just the application so you can [20:25] actually read it. Um, all right. At this [20:28] time, I will make a motion to I've [20:31] learned postpone [20:34] um item 6A [20:36] >> until the September [20:38] what meeting? [20:40] >> 21st meeting. [20:41] >> Motion to postpone item 6A to the [20:44] September 21st meeting per the [20:46] applicant's request. [20:51] supported [20:54] >> motion by Bradshaw, support by Visser. [20:56] Any further discussion on this? [20:58] >> All those in favor of postponing say I. [21:01] >> All those opposed, motion to postpone [21:04] pass. [21:05] >> All right. The data center ordinance we [21:09] have in front of us. I'm assuming [21:10] everybody has read through it. I have [21:13] seen a lot of red marks. Um I think [21:17] we'll just start right into the red [21:18] marks. Miss Len, I think that's the [21:20] easiest thing. [21:21] >> Sure. [21:21] >> To do it. [21:23] >> Um [21:24] so [21:26] >> also, Mr. Chairman, just go ahead. Our [21:28] attorney Ross Leman is here [21:30] >> um to provide support and some guidance [21:34] and best practice. He's been working [21:36] with other municipalities in uh northern [21:40] county also on this topic of the data [21:43] center. Um, our draft is modeled after [21:47] draft ordinances that uh, Ross and his [21:51] team have been working on in um, a [21:54] couple other communities similar to [21:56] Calonia Township. I did provide Ross [21:59] with an overview and the minutes from [22:02] previous discussions from planning [22:04] commission. Um, I know at our last [22:07] meeting we talked about buffering and [22:11] um, sound panels. That was the topic. Uh [22:15] the the difference between I1 and I2 and [22:19] whether this use could or should be in [22:22] I2 versus I1. Um there were questions [22:26] related to decommissioning. [22:29] There were questions and concerns about [22:31] battery fires and so I had him look at [22:34] that in our code as well as utility [22:37] upgrades and extensions. And so, um, he [22:41] did look at those items. He can speak [22:44] further on that. Um, but I know that you [22:47] also have things you want to talk about. [22:49] And so, now is a great time for us to [22:51] utilize his expertise [22:54] um, for the conversation today. [22:56] >> Great. [22:57] >> Yeah. [22:57] >> Thank you, Ross. Um, so, let me start [23:00] off. There's [snorts] there's really two [23:03] ordinance sections. There's the 3.61 [23:06] and the [23:10] Sorry, the 16.55. [23:13] >> Correct. [23:14] Yes. [23:15] >> 3.61 is by right. 16.55 is special land [23:19] use. Correct. [23:20] >> Yep. Chapter 16 is our special land use. [23:23] Section 3.61 is is our general [23:26] provisions and general provisions apply [23:29] to any uh any use in any district if if [23:34] it's applicable. [23:35] >> Um. Yep. [23:37] >> All right. So, [23:39] Mine is just I focused on the [23:42] differences between the two sections [23:43] that were conflicting [23:46] >> that that needs to be addressed. Um and [23:49] I can pass these notes later. Um [23:53] uh 3 point the first note I have is 3.61 [23:58] limits digital mining operations to 9 [24:00] to5 but 1655 does not repeat that um and [24:06] allows us to set [24:08] Um that [24:10] and [24:12] in 361 [24:14] there's a we need to cl my opinion we [24:17] need to clarify whether the fix section [24:20] 3.61 digital mining hours apply to [24:22] medium scale and hypers scale digital [24:25] mining special land uses whether 1655 [24:28] allows different approved op there's an [24:30] operating hour issue. On a more [24:34] interesting note, um if the high utility [24:39] usage is during the daytime hours, [24:42] so if the confliction is if if the [24:46] there's two conflictions going on. Um [24:49] one, we want to have the noise during [24:50] the day, but then on the flip side, [24:55] um why you're looking at me? [24:58] >> I just don't feel like I have the same [24:59] paper that you do. I printed it off from [25:01] online. [25:02] >> Okay. So that's probably why. [laughter] [25:06] >> Um, so we want we want the noise during [25:09] the day, not at night, but the electric [25:11] usage [25:13] in general is higher [25:16] >> to the grid during the daytime than it [25:18] is at night. So I just question the [25:22] hours and what we're trying to [25:23] accomplish and make sure we have [25:25] consistency [25:26] >> between the two. [25:30] Um in the 1655 [25:34] um there's some setback issues that [25:37] conflict with 3.61 [25:39] that we just need to make sure that [25:42] we have those [25:47] um in alignment that we have. [25:49] >> Do you have like page numbers? I can't [25:50] keep up with [25:59] Sorry, I had to summarize it a lot [26:01] because it's all over the place because [26:03] they're in two different spots. [26:05] >> So, there's setbacks on page five. [26:07] >> Yep. Setbacks are on five and then again [26:10] they are on page [26:16] » I mean the the solution isn't to solve [26:18] it tonight. It's just to point out that [26:20] there's [26:21] >> and page 10 [26:23] >> and 10. [26:28] » So we have 1,000 ft and 500 ft. [26:32] Um [26:38] but we need to understand if in 361 if [26:42] it is different. [26:46] Um [26:50] there's a I believe an incorrect cross [26:53] reference in 361 because it refers to [26:56] 339 C and D. Um [27:00] which may not be the right cross [27:01] references. [snorts] [27:04] Um [27:06] 1655 prohibits [27:08] trying to get there for you Tim. um [27:11] private wells [27:15] um for general cooling or processing [27:18] purpose. And 361 just requires a [27:22] disclosure of the water source and [27:23] cooling method without prohibiting [27:25] private wells. [27:31] You follow me? I know. [27:42] Okay. [27:43] >> Um [27:49] 1655 [27:52] requires a connection to public water [27:54] that allows alternative water and sewer [27:57] facilities if water water usage is low [28:00] water usage is demonstrated. [28:03] 361 requires a disclosure and analysis [28:06] of the water supply but does not require [28:08] public water and sewer [28:11] connection. [28:15] Um then the issue of noise [28:19] um which was brought up um [28:24] they're not aligned [28:27] um as to how between the the two [28:30] sections. [28:32] Um [28:34] 361 requires [28:36] water cooled systems to use the closed [28:39] cooling system. 1655 adds that open [28:42] evaporative cooling towers are [28:44] prohibited. So in 1655 it's prohibited [28:48] but 3.61 it's not specifically [28:51] prohibited. [28:53] Um [28:54] >> so the special land use is only for the [28:57] h the not all of these go to special [29:01] use. Right. [29:02] >> Right. [29:03] But if we're going to have stringent [29:06] requirements, they should be [29:09] matched up. Like if we're going to not [29:11] allow [29:13] cooling towers, [29:15] >> per se, [29:16] >> why do we allow it in a special land use [29:19] or vice versa? [29:21] >> Yeah. [29:24] Um [29:33] 361 requires operational equipment to be [29:37] located within uh cooling and power [29:40] generation to be located in an enclosed [29:43] building or structure and less weigh. [29:46] 1655 requires roof mounted equipment to [29:49] be screened on four on four sides. [29:52] Clarify whether the roof mounted may [29:54] remain outside in a closed building if [29:56] screened or whether they should not be [29:59] um [30:05] battery. There seems to be a confliction [30:08] in the [30:10] NFPA [30:13] um requirements. [30:17] Um 1655 doesn't expressly reference NFPA [30:21] 855. [30:26] Um [30:31] annual inspections. [30:35] um [30:40] requires an agreement for that that's [30:43] reimbursed. [30:45] Um [30:50] and clarify 1655 is the annual [30:53] inspection and reimbursement [30:54] requirements and check 3.61 for [30:58] periodic. [31:00] One's annual, one's periodic. [31:02] Do we want to have them [31:04] Again, I'm not advocating for a change. [31:06] I'm just saying there's a difference [31:07] between the two. Do we want annual or do [31:09] we want periodic? And is periodic fine. [31:14] >> All right, that's all I have. Just [31:16] differences between the two. [31:22] Pass that. [31:23] >> You might need it for conversation. I [31:25] don't think you want to give it away [31:26] yet. [31:30] » Um [31:33] Okay, that was a lot. [31:35] >> Yeah. [31:36] >> So, the what I'm hearing is the [31:39] clarification between what's required [31:42] and the general provisions for all all [31:46] of these uses at whatever scale like [31:49] small, medium, hyper versus what we have [31:53] in the requirements for special use [31:56] standards where we treat the hyper scale [32:00] and medium scale. [32:03] Do we want to have separate or do we [32:05] want them to be the same requirements [32:09] >> because it's we seem I mean you're going [32:12] to have the same [32:14] equipment maybe just not the same [32:16] quantity of equipment. [32:17] >> Right. Right. [32:19] And in your mind are you feeling like no [32:22] matter how small, large, hyper, [32:26] it should be consistent? [32:28] >> Yes. [32:29] >> Okay. [32:31] >> Consistency is much easier to [32:35] um a quantify and b there's no well I [32:40] thought this I thought that at a later [32:43] point in time [32:45] and I read in one of the comments that [32:47] even the small scale five megawatt um [32:54] at least in the account here is that [32:56] it's sufficient power [33:00] sufficient to power 750 homes [33:04] for one megawatt. So a 5 megawatt no [33:08] exponential yeah 3 to 4,000 homes [33:18] and their opinion is that not no data [33:21] center project regardless of megawatt [33:23] size should be allowed as a use by [33:25] right. [33:27] So that's a, you know, back to you as a [33:30] planning commission. Would it, do we [33:33] even want to have any of them be by [33:37] right or just move them all to special [33:39] land use? [33:44] » I just have a question here. [33:46] >> Going back to section 8.4, [33:50] looks like there's been an addition. It [33:53] says building size. We did add something [33:55] on building size. Yes. [33:57] >> Okay. So, 20 thou 200,000 square feet. [34:01] That's four acres. Just a little over [34:04] four acres. [34:05] Then the minimum lot size has to be 40 [34:08] acres. Is that right? So, that's a 10% [34:10] coverage ratio. And the max that they [34:13] can do, it's got a building height, so [34:16] of 25 ft. So, you got a million cubic [34:18] feet. [34:20] Um, [34:22] I don't know. I just I think that should [34:24] do it. I mean, nobody's going to come [34:26] here and do that project. [34:28] [laughter] That should about wrap it up. [34:30] I mean, as far as I'm concerned, [34:35] make it you can make it as of right. You [34:37] can, you know, make [clears throat] it [34:40] special land use permit. It's done. I [34:42] mean, you just you add that to it and we [34:47] ain't got to deal with anything. [34:48] >> I mean, at the end of the day, again, it [34:51] goes to consistency. [34:53] special eight section 8 like you said in [34:56] the by right you know [34:58] >> I'm just telling you that practically [34:59] speaking it don't matter [35:01] >> I understand [35:03] >> yeah so [35:12] » yes [35:14] >> sorry I can't see your eyes [35:16] >> um page two under um item number nine [35:19] medium scale data center um goes [35:23] megawatt and 99. [35:26] Should we take that up to 100 so that [35:29] it's we have consistency between [35:33] um [35:34] the different sizes? We don't have hole [35:36] in the middle of it. [35:37] >> Yeah, it's not 99.5. [35:39] >> Yeah. [35:40] I saw that too. [35:43] >> It should be up to [35:45] >> 100 [35:49] more there. [35:50] >> Yes. And that's consistent within item [35:53] number 12. [36:10] So I do have a question on the digital [36:12] mining as to why we're treating that [36:15] separately. [36:17] Um [36:20] because Some kid could be doing that in [36:22] his house. Are they now, [36:26] >> you know, under that ordinance? [36:30] >> Yeah, go ahead. [36:30] >> I I can comment on that if you want. [36:32] >> Yeah, please. [36:33] >> Um, so digital I'm not an engineer. Uh, [36:37] but um what uh we've been hearing out [36:41] there a lot is that actually the noisy [36:43] ones like the guy said he went to that [36:45] was really noisy. often that ends up [36:47] being the digital mining that there's a [36:50] big big noise difference with the [36:52] cooling that's required in the fans and [36:55] that between digital mining and regular [36:57] data centers. So that was actually one [36:59] thing I was going to note when you were [37:01] talking about noise uh that as these [37:03] ordinances have developed is they've [37:06] even made um greater treatments and [37:08] distinctions of digital mining versus [37:10] other data centers because other data [37:12] centers tend to be quieter. Uh and so [37:16] for example, one thing you could [37:17] consider is saying all digital mining [37:20] shall occur only in small scale or [37:23] medium scale and not on a hypers scale [37:25] basis. That is just too much. So that [37:28] that's why digital mining is referred to [37:31] differently. And again, I'm not an [37:32] engineer, but that's been something [37:35] fairly consistent um that you want to be [37:39] more restrictive and take extra steps [37:41] because digital mining is noisier. [37:47] But if I'm [37:49] buying server time, [37:53] you know, in the in the data center, I [37:57] can use it for [38:00] when I'm using I mean, I might use it [38:02] for digital mining and people might not [38:04] even know. [38:06] >> Yeah. It's just not as efficient. Right. [38:08] >> Right. [38:09] >> I mean, that's the problem is like the [38:11] chips, you know, it's like a Nvidia chip [38:14] and just takes more cooling load than [38:17] the other like a server. So you could mine crypto uh colo server. [38:23] >> Right. [38:23] But it's not you know [38:26] >> it's not going to pay. It just doesn't [38:27] make sense. So people just don't do it. [38:29] And so they do this because you know [38:32] they get more processing power per [38:33] kilowatt. [38:35] >> Yeah. [38:36] >> But policy you could take it out. You [38:38] could say we're just going to regulate [38:39] data centers and we're not going to [38:41] distinguish it. That's the reason [38:43] >> that I've heard and that we've been [38:46] putting into different ordinances is [38:48] because of the no different in noise [38:50] level. [38:52] >> So if it's [38:56] and maybe I missed it if it's a digital [39:00] mining [39:03] do we have [39:06] noise requirements [39:08] and I missed it. While we're digital [39:11] mining are [39:13] >> we're using the same for digital land [39:16] >> right [39:16] >> data centers [39:17] >> correct [39:22] » so it should be like the lesser [39:25] noise like not more noise but the one [39:29] requiring less noise. [39:37] » Yeah. [39:39] Are you guys in in your experience are [39:42] there [39:44] like are they putting more cell towers [39:45] or any sort of digital like data [39:47] transmission stuff like alongside or [39:50] next to or you know with data centers at [39:53] this point in time? Is there any [39:55] progression towards that [39:57] like microwave towers you know any like [40:00] a cell tower that would basically hook [40:02] that directly into a data center? [40:05] >> Uh I've not run into that. There's been [40:07] a lot of talk about um energy generation [40:10] affiliated with data centers, you know, [40:13] and you know, whether they're going to [40:15] have um whether they're going to grab it [40:17] all off the grid or if they're going to [40:19] have um well, you already have it where [40:20] your generators have to be for non [40:24] generation. But if you could have solar, [40:26] you could have wind, you could have [40:27] diesel, [40:28] >> um you know, different on-site [40:30] generation type thing. And they tend to [40:32] want to locate them by substations and [40:35] other things like that. I've not heard [40:37] much about um uh cell towers, but I [40:42] would think if it would come then your [40:44] general cell tower regulations would [40:47] apply just like probably right now the [40:49] way it is. If somebody comes and wants [40:51] to do a solar project with it, you [40:54] probably have to meet all your solar [40:56] regulations in addition to the data [40:58] mining ones [41:00] or or the data center and the digital [41:02] mining. I was going to comment on your [41:05] comment about um the different [41:07] standards. Um the reason for that um is [41:13] the thinking behind that is you have a [41:15] general section just like you do for [41:16] accessory buildings or something like [41:18] that that provides your base regulations [41:21] and that that primarily is dealing with [41:25] um small scale and accessory and [41:27] anything that would fall between the [41:28] cracks. And so those tend to be more [41:31] consistent with the regulations that you [41:33] do for other businesses. Um and and [41:36] actually maybe one thing you might want [41:37] to do is lower the I guess I've not [41:41] heard it that that a 5 megawatt data [41:44] center will power thousands of homes. [41:46] >> Uh but I have heard that you know it [41:48] does more. But the idea is that the [41:50] small scale and the accessory are more [41:54] similar to other businesses and so they [41:56] would be treated more consistently with [41:58] other businesses. And that your medium [42:01] scale and your hypers scale then have to [42:03] come in for special land use. And so [42:05] they have um a lot of additional [42:08] requirements that aren't necessarily [42:10] reasonable if somebody's coming in, you [42:13] know, to do something that's similar to [42:15] a different business that you wouldn't [42:17] require that for. But I also have seen [42:20] uh and have done it for townships that [42:23] would prefer to make all of them special [42:25] land uses. Just say if you're doing [42:27] anything data centerwise, it's a special [42:29] land use period. Um so that's and and [42:32] the way you would do that is you the [42:34] same structure, but you would just have [42:36] a general section defining it. And then [42:40] um say if you want, you know, to [42:41] actually get it approved, you got to [42:43] come in for special land use. [42:46] So that that is if you like that model [42:49] better, you can do it. It's it's fairly [42:51] similar. But the idea of this is to [42:54] provide, [42:55] you know, some distinguishing [42:56] characteristics for things that might be [42:59] more consistent. Whereas the medium [43:02] scale and hypers scale are kind of [43:04] things of their own. [43:08] >> It's almost I don't know like you have [43:11] the accessory data center is [43:14] at someone's data center at their [43:16] business type of level and then we have [43:21] the other the small medium large [43:24] extra large [43:28] the general maybe cover just accessory. [43:36] » Um, if I can chime in to Don's question. [43:39] So, when switch first went in, whatever [43:42] it was, 13, 14, 15, long time ago. Um I [43:47] was the city engineer at Kentwood at the [43:49] time and it's not necessarily your [43:52] question was more about like cell towers [43:54] and um through the air transmission but [43:57] every fiber provider that I think exists [44:00] in Michigan put fiber in along East [44:02] Paris. So East Paris is either somewhere [44:05] between a three and five lane road [44:07] depending on where you're driving. But [44:09] when it comes to fiber infrastructure [44:11] it's like 131. It's the super highway. [44:13] there is so much data running north and [44:15] south and I think that 60th is similar [44:19] but that wasn't under my permitting [44:20] jurisdiction for like an east west [44:22] route. Um so yes there's lots of other [44:27] implications to move all of that data to [44:29] get it to and from you know building in [44:31] the center. [44:37] » Um and I guess [44:39] >> want to continue to have the floor. Um, [44:42] I'm going to try to go through mine like [44:44] page number and section and just kind of [44:47] work through it. That works better for [44:49] me to follow along. So, my first comment [44:52] is on page four, uh, [44:56] section [44:59] I guess C10 [45:03] D [45:05] six. It's a big uh jump down, but it's [45:11] just that a community impact analysis is [45:14] required. That's not really defined [45:15] anywhere in the draft ordinance. And [45:18] generally, I just find that to be vague, [45:20] like what what are we looking for? So, [45:23] let's be a little bit more clear on what [45:25] that is and what we want. [45:28] Um [45:28] >> I'm thinking schools um public safety [45:37] traffic management construction. [45:44] » Okay. [45:47] >> It is. [45:47] >> I think so. Okay. Well, maybe I didn't [45:50] catch it because I kept reading. Yeah. [45:52] >> Um [45:54] >> I keep going in that same section. And [45:58] um item number nine, a detailed [46:01] emissions and air quality impact [46:03] analysis including backup generator [46:05] usage. And in my, you know, again, I'm [46:10] not an expert in these things yet, [46:12] getting a little bit better every month. [46:13] But I feel like we need to include [46:15] temperature changes at discharge. [46:18] From the reading I've done, it sounds [46:20] like depending on scale, especially [46:22] hypers scale data centers, they kind of [46:25] make small heat islands. And depending [46:27] on which way the wind blows, now it's a [46:30] few degrees warmer at your property all [46:31] the time because of the heat that's [46:33] coming off these things. [46:36] Um, [46:38] continuing on that same page at the [46:40] bottom of page four, talking general [46:43] regulations and noise levels sub I, we [46:47] talk about the maximum overall noise [46:48] limit shall be 60 dva during daytime [46:51] hours and 45 dva during nighttime hours, [46:55] which are 1000 p.m. to 7 a.m. at the [46:58] property line. Um, [47:01] I'm a nerd. I volunteer and do the [47:03] soundboard at my church. We have a [47:05] little meter because we want to make [47:07] sure that it's not too loud for people [47:08] while they're singing the songs and that [47:10] the pastor isn't too loud with his [47:13] microphone. So 60 is kind of 65 is like [47:18] the target for when the pastor's [47:20] speaking and the music is closer to 80. [47:23] Um I feel like 60 even during the day is [47:27] way too high. Like [47:30] that's how can that be okay at a mall to [47:33] constantly have background noise this [47:35] the volume of a conversation at your [47:38] home. I can't get the yes. Um so I feel [47:42] like we need to look at something lower [47:45] whether that's 55 or 50. I I don't know [47:48] what's a more reasonable threshold but [47:51] 60 seems very high. [47:54] Um [47:58] Continuing to the top of page five, sub [48:00] item two. I feel like maybe we should [48:04] define daytime hours to be 8:00 a.m. to [48:07] 5:00 p.m. It's been a long time since I [48:10] had little kids, but um even this time [48:12] of year back when they were little, they [48:14] might already be in bed at 7:30 and I [48:17] don't want them to wake up if they're [48:19] already in bed. So, and sometimes in the [48:21] summer it's light out till 9:45. So, [48:24] let's be specific. [48:27] Um, [48:30] sub item three, right below that, [48:33] if they're not complying with the [48:35] ordinance, what are our tools in the [48:37] toolbox? Do we go out there with a [48:40] decibel meter and say, "Well, geez, it's [48:43] 65 dB at the property line. We just [48:46] write them a municipal civil infraction [48:48] ticket for $75 or whatever that is [48:51] allowed to be. [clears throat] [48:54] How do we police this? [49:00] Um, that's everything that I have on [49:02] page five. Got some little minor [49:07] spelling things on other pages. I'll [49:09] skip those. [49:11] Um, [49:16] must be page seven. Yep. At the bottom [49:19] of page seven under safety talks about [49:22] the equipment used in any data center or [49:24] digital mining use shall be house [49:25] nanometered electrically grounded blah blah and it needs to resist an [49:29] internal electrical fire for at least 30 [49:31] minutes. I am not an expert in the fire [49:33] code but 30 minutes for a building of [49:36] that magnitude and risk and danger seems [49:38] super small. Um residential homes are [49:41] usually one hour if it's an apartment [49:43] complex with you know multi-use [49:46] dwelling. There's a lot of two-hour [49:47] rated walls. I'm just not understanding [49:49] how we're 30 minutes for a data center. [49:53] >> And just to pause there because I had [49:56] flagged this one. I don't understand. [49:59] You shall be housed in a metered [50:04] um metal in case I don't know what a [50:08] meter metal enclosure is. [50:10] >> Yeah, I I assume it's metering power in [50:12] and out, but [50:14] [laughter] [50:18] Yeah, take the meter out of there. I [50:21] don't think it Who's paying for it? [50:26] » It was It That's small minor, but it's [50:32] » um I think I only got a couple more. So, [50:34] almost done. top of page eight under sub [50:37] item four, right before item 15, it just [50:40] talks about [50:43] uh any applicable local, state, or [50:46] federal laws, rules, or eight [50:47] regulations. I I don't know what the [50:49] eight regulations are. [50:52] >> Okay. [50:56] So, I think that's a typo. [51:01] I think it's code section 8 is the [51:03] player code if I remember right, but I [51:05] might have it wrong. [51:08] >> Uh toward the bottom of page eight under [51:11] decommissioning requirements sub item [51:13] one, a financial guarantee bond or [51:15] escrow shall be required to ensure [51:17] adequate funds for decommissioning. Feel [51:19] like we need to add as determined by the [51:22] township and [51:25] even that makes me a little leery. um [51:29] you know, how are we going to accurately [51:31] understand the cost of what it's going [51:33] to take to knock this thing down or [51:37] decommission it so that it can be re [51:39] reused to be something else potentially. [51:42] Um [51:43] there's a lot of complexity to that and [51:47] that would be hard for me to try to [51:49] guess at the right number. [51:54] » Perhaps hire somebody from Consumers [51:56] Energy. Well, then it's free. [52:01] Be like, "Oh, yeah. Volunteers will be [52:03] out tomorrow." [52:07] Um, [52:09] and then I just said there's a lot of [52:11] like little tab indentation [52:14] typo things that I felt like on page 14. [52:17] And [52:20] that was my main comments, [52:23] but I think [52:25] we've made good progress from the first [52:27] time we had a draft ordinance. I feel [52:29] like we still have a lot of progress to [52:31] continue to make. This is really complex [52:33] and important. Um, and we want to make [52:37] sure that we're happy with it before [52:38] it's done. [52:42] » Yeah, because we have time to get it [52:43] right. [52:48] » Do we have something in here about the [52:49] architectural standards, too? [52:52] We already have architectural standards [52:54] in the ordinance for industrial [52:56] buildings. So they would have to conform [52:58] to that. [52:59] >> Okay. [53:00] >> That's in general. [53:01] >> Do we want them to conform to [53:04] is this is this I guess structurally [53:07] speaking is this coming down as a [53:09] subpart of industrial or are now we [53:12] setting up basically an entirely [53:14] different [53:16] zoning district which is for data [53:18] center. We're not doing that. So it's [53:19] under industrial. Okay. [53:21] >> Correct. Right now it's light [53:23] industrial. [53:24] >> What if we put it under office? [53:26] >> We don't have an office district. We [53:28] have light industrial, heavy industrial. [53:32] >> We have commercial. [53:34] >> Well, what do we what do what do we do? [53:36] All the architectural standard work [53:39] is for it's in general provisions and we [53:42] regulate it for commercial, office, [53:44] industrial. [53:46] >> Okay. So any any use in industrial would [53:48] have to conform to the architectural. [53:51] >> Okay. Which then and that's the ones [53:52] that we just did two months ago we [53:54] finalized with industrial architectural [53:56] standards. Correct. Correct. [53:57] >> Okay. Cool. [53:59] >> Yeah. So that's like [54:02] >> that stack. [54:04] Yeah. Right. [54:05] >> So this is like that jigsaw that we're [54:07] piecing together. [54:08] >> So they have to meet all those [54:09] architectural standards as well. [54:11] >> Correct. [54:15] along with the height and the square [54:17] foot and lot coverage and [54:20] >> they'll be they'll they'll be all right [54:22] with all that. [54:22] >> Yeah. [54:28] » Mr. Mlan, [54:30] did we beat it up or do you have [54:31] >> You did good. [54:38] What is the feeling about I think we [54:40] still need to talk about whether we move [54:42] these all into special use. I think [54:45] there's also that question we want to make [54:50] you to decide are we keeping it all in [54:54] the light industrial where it is today [54:59] or there was a question about moving it [55:02] into heavy industrial. I shared We only [55:05] have one parcel heavy industrial. It's [55:08] where the concrete plant is. It's [55:10] smaller than 40 acres already used by [55:15] someone. Um [55:17] so there's that concern that we're [55:19] writing an ordinance that [55:24] has nowhere to go. [55:26] >> Exclusionary. [55:27] >> Correct. [55:33] Which, correct me, Mr. Attorney, because [55:35] I'm a lean engineer, exclusionary [55:38] ordinances are not allowed. Correct. [55:41] >> Uh, that's correct. Although it looks [55:43] like right now you're putting in your [55:45] light industrial and you have a lot more [55:47] light industrial land. Um, they don't [55:50] have to line up exactly, [55:53] but I think Len has a fair point. uh [55:56] uniquely to your situation that your I2 [55:59] there's nothing available, you know, so [56:02] that that might be a little bit of a um [56:04] of an issue. Um but uh for most of the [56:10] digital mining data center stuff that's [56:13] going in, [56:15] um there aren't lands that large, so [56:18] they're going to involve reszonings, you [56:21] know, so it's it's kind of a blended [56:22] scale. Um, so anyway, but the [56:28] I2 district for you guys might be an [56:30] issue unless you're going to do some [56:33] changes [56:34] >> unless we expand it. [56:35] >> Yeah, [56:36] >> essentially is what you're saying. [56:37] >> Yeah, [56:37] >> I don't know that any of us are really [56:39] excited about that. Yeah, I mean I'm [56:42] torn because I do feel like the I2 use [56:45] much better aligns with the data center, [56:47] but I don't know that we have a desire [56:49] for a bunch more I2 use in the community [56:52] or need. So, um [56:56] I think it kind of is what it is with [56:58] the current system [57:00] >> and that that's kind of the dilemma [57:02] these things all the way around. [57:03] >> Yeah. in [57:07] um the little bit of reading I've done [57:09] on Selen Township, you know, they had [57:11] exclusionary zoning and got sued and [57:13] lost and had a court agreement and now [57:16] they have a data center that they didn't [57:17] want. So, I don't think that approach [57:19] was successful for them. I don't know [57:21] that that's what we want to try then. [57:26] No, [57:28] we have enough uh of uh those little [57:32] areas just for development [57:37] around here. [57:37] >> Yeah. We have a lot of legacy. [57:40] >> Yeah. [57:41] We prefer not to do anymore. [57:45] Um because under the consent agreement, [57:48] it's just whatever the court decides and [57:52] >> we live with it. [57:55] >> I think their buildings are 550,000 [57:57] square feet each. [58:02] Yeah. [58:04] Um [58:05] >> I want to circle back to Len's question. [58:07] So for me um you know even five megawws [58:12] you know I did some googling it's [58:13] depends on what your overall energy your [58:16] average house uses but it's anywhere [58:18] from 800 to 5,000 homes and you know [58:21] that's half of our community. So to me [58:24] that's absolutely a special land use if [58:26] you're using that much power even if [58:27] you're a little one. So personally I [58:30] would say all data centers should be [58:32] special in uses in mind. [58:36] >> I I like that as well because we can [58:39] like consolidate it all into one spot [58:43] and not have general and specific. It's just [58:49] specific. [58:50] >> Yeah. And then I I mean I do think we [58:53] need to address the accessory data center so we're not [59:00] um excluding that. But I also think that [59:05] the accessory data center with uh you [59:08] know power up to 5 megawws is a little [59:12] larger than an accessory [59:16] as well. [59:19] » Um I guess the question for me would be [59:22] how would we know if something were [59:26] accessory [59:28] would be [59:30] you said it's associated with a business [59:38] » well I mean just going by the definition [59:40] where it says a data center that is [59:43] ancillary to the principal use of a lot [59:46] parcel which is typically used solely to [59:49] store otherwise support an individual's [59:51] business data and technology needs, [59:54] >> right? [59:57] » I mean, policing it's easy because when [1:00:01] we get the the plans, it's going to have [1:00:04] the [1:00:06] uh transformer size on it. I mean, 5 [1:00:09] megawatts, you pretty well have to have [1:00:13] substation type equipment added. [1:00:18] >> So, it would probably [1:00:20] to a principal use, you know, that's [1:00:22] approved and we have a site plan for it. [1:00:26] And [1:00:31] » yeah, I don't want to prevent somebody, [1:00:35] you know, from [1:00:37] um what's the fire protection company? [1:00:40] Brigade, not brigade. Who does [1:00:43] >> fire pros? No over in South [1:00:47] can't they manufacture the sprinkler [1:00:49] heads like if they want [1:00:50] >> Thank you Viking like if they want to [1:00:53] build you know a data center for their [1:00:57] business use [1:01:01] I mean maybe data center is not the [1:01:03] appropriate term for that either right [1:01:05] it's [1:01:07] >> um but we have to have some lever that [1:01:10] allows a business to actually [1:01:16] Yeah, I mean [1:01:17] >> network equipment. [1:01:18] >> I work for Kent County and I manage a [1:01:21] bunch of buildings and we have two data [1:01:23] centers in two of the 15 buildings that [1:01:25] I manage and those use a lot more power [1:01:28] than the average building because it [1:01:30] takes a lot to take care of moving all [1:01:32] that information back and forth just for [1:01:34] our county use. [1:01:37] >> Yeah. So, we don't want to restrict a [1:01:39] business from moving their own data, [1:01:41] >> right? [1:01:47] I you know it's that we want to have you [1:01:52] know I think there's a big picture we're [1:01:54] talking about data centers but we have [1:01:55] to remember we can't have unintended [1:01:59] consequences of [1:02:02] this impacting what we're not intending [1:02:05] it to either or vice versa [1:02:09] >> I guess speaking about the enforcement [1:02:12] question about you know sound and you [1:02:15] know ticketing [1:02:19] I'm curious are we able to have [1:02:21] different [1:02:24] enforcement thresholds or thresholds by [1:02:27] use [1:02:39] » I I would Any data center enforcement [1:02:42] litigation would be circuit court [1:02:44] lawsuits, not municipal civil [1:02:46] infractions. [1:02:47] >> But would it I mean it's got to start [1:02:49] with some infraction, right? Otherwise, [1:02:52] you know, what are we here to argue [1:02:54] about in court? Got to be a violation. [1:02:56] So, is it there's got to be some ticket [1:02:59] written initially to start a [1:03:01] >> um no you you can when you when you [1:03:04] enforce an ordinance, you can do a [1:03:06] municipal civil infraction district [1:03:08] court. You can always bring an action in [1:03:10] circuit court for an injunction [1:03:13] which you know sometimes you do that [1:03:15] with mining cases or other larger [1:03:18] operations. You don't do the district [1:03:20] court file a complaint and do the whole [1:03:23] thing in circuit court. [1:03:26] [clears throat] Can we put the like [1:03:29] first violation is this second violation [1:03:31] is that third violation tear it down. Is [1:03:34] that can you do that in an ordinance? [1:03:38] >> We already have the violations process [1:03:42] in our code. [1:03:44] >> But is that sufficient for this? [1:03:47] >> Yeah. [1:04:05] So it sounds like when we bring this [1:04:07] back, we want to move all of the uses [1:04:10] except for accessory to special use. [1:04:13] That would help with some of this [1:04:15] consistency issue. However, we are going [1:04:18] to have accessory data centers still [1:04:21] have to abide by the general provision [1:04:23] section which will have its own [1:04:26] standards. Um, [1:04:30] and then [1:04:32] I think that's the big change. And then [1:04:35] these other comments, [1:04:43] maybe we can get a better definition of [1:04:45] what a sizewise, [1:04:49] you know, uh, [1:04:53] what's the word again? Sorry, I lost it. [1:04:55] the accessory data center. [1:04:58] I mean, even a megawatt's way too much. [1:05:02] But again, I'm just guessing at that, [1:05:06] you know, what what is can we define [1:05:08] that? [1:05:13] » I don't know. Well, I mean I think you [1:05:16] say if the accessory is larger than the [1:05:19] five then it becomes um [1:05:25] » special but maybe five is too high. [1:05:29] >> Yeah, I I'm thinking maybe five is too [1:05:31] high. I mean maybe the small starts at [1:05:34] one. [1:05:40] » I mean that's a lot of power. Yeah, I'm [1:05:43] confident that the counties are way less [1:05:46] than one and we still you can there's an [1:05:48] energy difference in our electric bill. [1:05:52] >> Exactly. You know, maybe it's 500 K 5 [1:05:55] 500 KW, you know, half a megawatt [1:05:59] um is where the small I I think we need [1:06:02] to get a handle as to where the small [1:06:05] starts because I think small at five is [1:06:08] actually still quite big. [1:06:19] Because the utility will always say, [1:06:22] "Oh, we have the power and it's not [1:06:24] going to cost cost any money anymore." [1:06:26] And then they go to the public service [1:06:28] commission and ask for more money. [1:06:40] » [clears throat] [1:06:46] » And there's a lot of work that's gone [1:06:47] into it. I think we have a [1:06:50] quite a bit to go on it as well. [1:06:57] I mean, [1:07:00] reviewing the noise [snorts] [1:07:02] requirements and [1:07:05] um [1:07:08] in hours of operation, whether the noise [1:07:10] should be consistent. [1:07:13] You know, why should it be allowed to be [1:07:16] louder during the day than it is at [1:07:19] night? [1:07:50] Ross, do you have any other questions or [1:07:52] comments for us? [1:07:54] >> No, there's a couple other things that I [1:07:55] could um that day and I were talking [1:07:57] about that, you know, maybe some things [1:07:59] on that infrastructure things need to be [1:08:01] paid for. There are some provisions in [1:08:03] there, but clarify that they'll pay for [1:08:06] things that maybe you normally wouldn't [1:08:08] do and maybe the enforcability of that [1:08:12] is um [1:08:16] not part of the discussion as much as [1:08:18] sometimes you put it in there and [1:08:19] they'll pay it. [1:08:22] you know that if you need to upgrade [1:08:23] your fire equipment, if you need to do [1:08:25] different things and there's a [1:08:26] requirement in there, [1:08:28] >> um that you have a basis for arguing [1:08:30] that. [1:08:32] >> Um and there were a couple other [1:08:33] comments just that we were talking [1:08:35] about, but you know, um I have seen the [1:08:39] range of [1:08:41] um what's allowed as small scale go down [1:08:43] it seems like as these ordinances [1:08:45] develop over time. So just what you're [1:08:48] saying that they've gone they've gone [1:08:49] down in the kilowatts. I've also seen [1:08:51] them where they've done that and only [1:08:53] for small scale added a maximum building [1:08:56] size that's consistent with other uses [1:08:58] in that district. You know that it has [1:09:01] to be under this or that building size. [1:09:05] So, so really exactly what you're [1:09:07] talking about, you guys are kind of [1:09:08] right there on where these things are [1:09:11] developing. [1:09:14] » Yeah, I guess I would piggyback that [1:09:16] that's one thing that still makes me [1:09:18] uncomfortable is the maximum building [1:09:19] size being [1:09:21] 000 square feet. I mean, I'd have to [1:09:24] Google how big a Costco or, you know, [1:09:27] Meer Super Center is, but I think it's [1:09:29] smaller than that. Um, and [1:09:35] because we don't have additional room [1:09:38] left in industrial, the little bit of [1:09:43] land that we have in the community, not [1:09:45] necessarily a desire to change to add [1:09:48] more. Um, I just feel like a building [1:09:51] that big is in conflict with light [1:09:53] industrial but we need to provide [1:09:56] provision for all these things and that one in particular I just can't [1:10:01] solve there's conflict seems too big but [1:10:04] we need to allow something [1:10:10] but you said you put that's 200 [1:10:13] over 40 acres [1:10:17] » page 10 Yes. [1:10:19] >> Okay. [1:10:22] 150. [1:10:23] >> Okay. [1:10:24] >> Yeah. I was going to say they're like [1:10:27] 100 to 200. [1:10:30] Um yeah. So the minimum lot area is 40, [1:10:34] but the maximum [1:10:36] building you can put on it. A total of [1:10:39] 200. [1:10:40] Correct. [1:10:41] >> Right. That's what it says right now. [1:10:44] >> So if you split it up into four [1:10:45] buildings, you 50,000 square foot [1:10:47] buildings. [1:10:48] >> I don't think That's what that's saying. [1:10:49] That's just saying that the maximum [1:10:50] building size is 200,000. [1:10:52] >> You could have multiple buildings. [1:10:54] >> No. Well, that's not how I read it at [1:10:56] all. I I read it as basically the [1:10:58] maximum [1:11:00] square footage under a roof to be [1:11:03] 200,000 square feet. [1:11:04] >> You could have multiple roofs. [1:11:06] >> See, that's not how I read that. [1:11:08] >> It's Yeah, he didn't. He He read it. It [1:11:11] has a lot coverage of 10%. [1:11:13] >> Right. [1:11:15] >> Plus or minus. [1:11:17] >> That's the [1:11:18] for lot [1:11:21] of buildings and the total square [1:11:23] footage under roof per [1:11:29] » well it okay again to me that's how it [1:11:31] read so you know if we need to make that [1:11:37] you know more [1:11:39] clear [1:11:41] >> that you know it's a maximum 10% lot [1:11:44] coverage in addition [1:11:47] and you know, 200,000 [1:11:49] square feet, [1:11:51] you know, is a total. That's what I read [1:11:54] it to me, too. And I And to me, that's [1:11:57] I mean, that's going to be pretty [1:11:58] protectionary. You're not going to have [1:12:00] any There's not a whole lot of data [1:12:02] center developers, I don't think, that [1:12:06] are going to be interested in paying [1:12:07] that much for dirt and then having that [1:12:11] kind of density. It's just [1:12:13] >> Yeah, because Yeah. Now, reading it the [1:12:15] other direction, I initially read it, [1:12:17] how you read it, which again goes back [1:12:20] to we always have to be clear on what [1:12:22] we're [1:12:23] >> saying. So, I appreciate that it was [1:12:24] brought up because if you take the 40 [1:12:27] acres minus 1,000 square feet around the [1:12:30] outside, just winging the math, that's [1:12:34] 30 acres. I mean, but this thing's going [1:12:36] to be, you know, you do this, it's going [1:12:37] to be set up like four knocks, right? [1:12:39] >> You know, where you got a building in [1:12:41] the very middle, it's 200,000 square [1:12:42] feet and you're going to have, you know, [1:12:45] thousand foot you know, maybe 2,000 foot [1:12:48] sight lines all around the building, you [1:12:51] know, assuming they put it in the middle [1:12:53] of the property, right? [1:12:54] >> Yeah. You don't want to see, you know, [1:12:57] say the 40 with a,000 acre setback or [1:13:00] thousand foot setback makes it 30 just [1:13:04] >> so I think this is all kind of [1:13:05] consistent [1:13:06] >> because we're talking about again like [1:13:08] all these noise type things and you know [1:13:11] what is because again I think you know [1:13:13] they have they have the right to [1:13:16] have noise on their own property, right? [1:13:18] If they wanted it, if they could put it [1:13:20] in a cylinder and shoot it up to space [1:13:22] and nobody around them could hear the [1:13:24] noise and it was 400 dB [1:13:27] to the airport and that's dangerous. We [1:13:29] should do that. [1:13:30] >> Yeah, exactly. So, I mean, so, you know, [1:13:32] I just I think this is consistent with [1:13:35] basically, again, we're trying to keep [1:13:38] noise, pollutants, you know, all sorts [1:13:42] of things from even visual you know, [1:13:46] offenses from omitting to the edges of [1:13:49] the property. [1:13:50] >> Well, let's pull that string and go down [1:13:52] that road a little bit. Um, so if we say [1:13:56] the minimum lot is 40 acres, let's just [1:13:59] start. Does anybody have a any big issue [1:14:02] with that? [1:14:04] >> Okay. Then [1:14:07] >> how many buildings? [1:14:10] >> It wouldn't matter. I think as many as [1:14:11] it would. Well, that's Do we care? [1:14:17] >> Not really. They want to put it in four [1:14:19] buildings or they want to put it in [1:14:21] >> Yeah, but you're we're saying the 200 [1:14:23] they can do four buildings. Is that what [1:14:24] you're okay with? Okay. [1:14:26] >> Yeah. Yeah. I'm I'm [1:14:28] >> You want the 40 acres? No more than [1:14:30] 200,000. No matter how if they do [1:14:33] >> uh 20 [1:14:35] >> 20 buildings, right? [1:14:37] >> They built like Bill Gates's house and [1:14:38] they decide that they want to put, you [1:14:40] know, 15,000 feet underground and then [1:14:43] just have a little couple popups here [1:14:44] and there above the ground you know they [1:14:47] want to put a grass rose on them and [1:14:48] live like a hobbit that's fine you know [1:14:52] I think but they just get you know you [1:14:55] got they got 200,000 square feet that [1:14:58] they can use so I mean to me it's going [1:15:00] to be again economically I think it's [1:15:03] going to be incredibly restrictive [1:15:05] from an economic standpoint but I think [1:15:07] it you know from our you know standpoint [1:15:10] of trying to community, you know, what's [1:15:13] the public, you know, the wealth [1:15:15] interest of welfare. I mean, [1:15:18] >> reason [1:15:21] I I'm not disagreeing because I read it [1:15:23] the same way as you. [1:15:24] >> Yeah. [1:15:25] >> I just want to make sure that [1:15:27] >> Yeah. But it would have to be clear to [1:15:28] the world that, you know, it's 200,000 [1:15:31] square feet is [1:15:32] >> total [1:15:32] >> the total developable under [1:15:35] >> because I'm not just calling up [1:15:37] >> we interpreted it differently. Correct. [1:15:39] Right. already amongst you know six [1:15:42] people here we already interpreted it [1:15:44] different so that can't be that can't be [1:15:46] the final language [1:15:51] see you calculating [1:15:53] >> yeah I just was trying to figure out uh [1:15:56] if a 40acre parcel was a square it would [1:15:59] be 1 1320 ft for each leg of the square [1:16:04] and if we have a th00and foot setback [1:16:07] frankly that's not [1:16:10] if it's adjacent to residential. So [1:16:14] >> that that is practically difficult. I [1:16:16] guess that so maybe we have to [1:16:18] reconsider that the setback 800 foot [1:16:20] setback. I think we need to start [1:16:21] looking at 60 acres or 80. [1:16:23] >> Yeah. I mean, maybe we increase the [1:16:25] setbacks. Correct. [1:16:26] >> The setbacks. There's nothing wrong. I [1:16:28] agree. There's nothing wrong with the [1:16:29] setback, but [1:16:32] >> um you know, [1:16:35] again, [1:16:37] but then we have to define total [1:16:39] 200,000, [1:16:41] >> right? [1:16:42] >> Or whatever the number is. [1:16:43] >> Well, then I guess I guess it is going [1:16:44] to have to be larger than, you know, [1:16:46] physically accomplish that. And I don't [1:16:48] have any problem pushing say 60 or [1:16:50] whatever, you know, or [1:16:54] that's [1:16:59] » because you end up with a lot of green [1:17:00] space, [1:17:01] >> right? A lot of green space, which is [1:17:03] great, [1:17:04] >> right? I mean, I think we had was all [1:17:07] surrounded by forest or surrounded by a [1:17:09] mow yard or whatever they choose to do. [1:17:12] as long as it's been a setback and you [1:17:15] know you I just think you're a lot less [1:17:17] issues [1:17:18] you know like given it that space [1:17:24] and there is nothing saying [1:17:28] that they can't plant trees and stuff in [1:17:32] the setback correct I just want to [1:17:35] do we have landscape requirements that [1:17:38] we need to tie this [1:17:39] >> we reference that [1:17:40] >> is Is it is it enough? [1:17:45] I I'm not asking you an answer now, but [1:17:47] it's just is do we have enough if if [1:17:51] we're going to 60 and 1,000 square feet, [1:17:54] do we have enough landscaping [1:17:56] requirements? And is the landscaping [1:17:58] requirements on all sides just the road [1:18:02] frontage? [1:18:04] >> It's the same. I mean, we'd say that it [1:18:08] has to comply with chapter 28 and then [1:18:11] our new architectural standards. [1:18:14] Um, also have the landscaping and [1:18:16] buffering standards. But we do say an [1:18:19] additional burn offering landscaping [1:18:21] shall be required along any property [1:18:24] shared with an adjacent property that's [1:18:26] in a residential district. [1:18:30] >> What if it's not zone res? I mean, maybe [1:18:32] we want to change it so it's just [1:18:36] adjacent to any [1:18:44] » this is what happens. We start pulling [1:18:45] strings and figure out other areas of [1:18:47] the ordinance that we need to address at [1:18:50] the same time. Well, as far as having [1:18:53] two or three buildings, I mean, we [1:18:55] regulate how many buildings will go on [1:18:57] residential lots and every other lots. [1:19:00] Why wouldn't we regulate how many [1:19:01] buildings they can have? [1:19:06] I'm I just, you know, personally, I [1:19:10] think that's fine. I go ahead and [1:19:12] regulated. I just think in my mind, it [1:19:14] doesn't really matter too much, you [1:19:16] know, how many buildings they're going [1:19:18] to do. They're not going to put up, you [1:19:20] know, [1:19:22] 10 by 10, [1:19:24] you know what I mean? [1:19:27] >> Yeah. They want to do it in large [1:19:30] football field type things like you see. [1:19:33] to switch along east Paris. [1:19:42] » You think you have enough to go on this [1:19:44] one? [1:19:45] >> So, yeah, increasing the area as well. [1:19:51] >> I'd like another to look at the land, [1:19:53] you know, do we need the buring, the [1:19:56] landscaping, [1:19:58] >> all that [1:20:01] >> that we're doing to [1:20:04] Yeah, maybe it's like plant they got to [1:20:06] plant, you know, a row of trays, you [1:20:09] know, four feet, four trees deep. [1:20:25] » Yeah. Patter. [1:20:32] Yeah. So I think next steps are we get [1:20:37] it split look at the other different [1:20:40] sections [snorts] that we tal you know [1:20:42] that we talked about talk square footage [1:20:45] or acreage split foot and [1:20:50] then you know look at some of the noise [1:20:54] requirements [1:20:56] and get another [1:21:00] draft, I think. But I don't I don't [1:21:04] think even at our the next draft is [1:21:07] anywhere close to the final because [1:21:09] we're going to want to to Mr. Bisser's [1:21:12] point is to make sure that we all are [1:21:16] interpreting it the same way [1:21:18] >> when it comes to it because we don't want to have our [1:21:23] township attorney trying to explain [1:21:25] that's not what we meant. when we wrote [1:21:28] it [1:21:33] » and it's a rapidly changing environment [1:21:35] and even 30 days from now there could be [1:21:37] new and better information than exists [1:21:38] today. [1:21:39] >> Right. [1:21:41] So, it's [1:21:43] I mean I think we're getting [1:21:46] we're farther along than where we [1:21:48] started, but I don't we're not halfway [1:21:51] through the marathon yet. [1:21:58] Unless others have different opinion on [1:22:02] that. [1:22:05] >> We'd like to have a good draft for you [1:22:06] next time. [1:22:07] >> Yeah, that's what we do. Just keeping [1:22:10] closer on it and we'll get it [1:22:11] eventually. [1:22:13] >> And I know the township is not [1:22:15] interested in letting the moratorum [1:22:17] expire without having an ordinance in [1:22:20] place. So that will [1:22:26] progress. We're moving forward and we'll [1:22:31] make sure that we [1:22:33] >> Okay. So my I'd like just some agenda [1:22:37] items. [1:22:38] >> Oh, hold on. Hold on. [1:22:40] >> Maybe under number nine. [1:22:43] >> Okay. I'm anxious. I want [1:22:45] >> Did you [laughter] Did you write them [1:22:46] down so you won't forget? [1:22:47] >> It's right here. No, I didn't. I didn't. [1:22:49] That's why I got to get it out. [1:22:51] >> Might want to write them down. [1:22:54] All right. Any other discussion on 7A? [1:23:00] » Thank you, Miss Len and Ross for what [1:23:04] you've done into it. Sorry, we're giving [1:23:05] you a lot more work, but [1:23:08] we want to get it right. [1:23:13] All right, at this time we will do the [1:23:15] public comment for five minutes for [1:23:18] anyone who would like to speak. [1:23:25] You have five minutes this time, right? [1:23:27] >> Correct. Okay. [1:23:30] Um I'd like to uh visit the uh the sound [1:23:33] issue had some comments on that but [1:23:36] [clears throat] [1:23:37] um the if you followed what's going on [1:23:41] in the country in the area of sound in [1:23:43] the in the [1:23:45] uh data centers something called infra [1:23:48] infrasound is the new concern. [1:23:52] um in the minutes or in the section here [1:23:54] I see references to dB the sound level [1:23:57] with a parenthesis that implies very [1:24:01] rigorously that the sound equipment that [1:24:03] measured that simply used the 20 hertz [1:24:06] to 20 kHz the human human hearing band [1:24:10] most of us don't come anywhere near [1:24:11] hearing that range but it's the area [1:24:13] below 20 hertz that's referred to now as [1:24:18] infrasound [1:24:19] and it's you to measure that takes [1:24:22] different equipment and you'll know if [1:24:24] you see DB with a C in parenthesis that [1:24:27] that's included the entire frequency [1:24:30] band zero to 20 kHz. Um, it has to be [1:24:35] addressed because they're finding now [1:24:37] all over the country, in fact, there's a [1:24:38] lot of lawsuits now popping up against [1:24:41] municipalities and the data centers [1:24:43] because there are very very identifiable [1:24:46] physical ailments that are now [1:24:48] associated with this infrasound. [1:24:51] Um, it's not attenuated by the usual [1:24:55] methods. Um, walls won't do it. In fact, [1:24:59] data center in South South Dakota [1:25:01] discovered after spending $5 million on [1:25:04] special sound deadening walls around [1:25:07] their facility that it didn't help the [1:25:09] infrasound one bit. It was still being [1:25:11] propagated. The reason for that is it [1:25:13] propagates through the ground as well. [1:25:16] Um, it can travel great distance. We're [1:25:18] talking miles. We're talking 5 to 10 [1:25:20] miles. Obviously, it gets less the [1:25:22] further away, but setbacks probably not [1:25:25] going to solve that unless you're [1:25:27] talking setbacks, and that's not likely [1:25:29] to happen. Um, basically it has to be [1:25:32] stopped at the source and the data [1:25:34] centers are wrestling, the builders of [1:25:36] the data centers are wrestling with that [1:25:38] problem. Now, uh, cooling towers seem to [1:25:41] be what it's related to. And anytime you [1:25:43] got rotating machinery and the machinery [1:25:46] gets out of phase a little bit, you end [1:25:48] up it ends up producing these subsonic [1:25:52] uh not subsonic but sub below 10 10 or [1:25:56] 20 hertz down into the infrared or [1:25:59] infrasound region. And these have to be dealt with um usually [1:26:05] vibrations dampers or something like [1:26:07] that. [1:26:08] essentially a new design of the cooling [1:26:10] towers. And if you looked at any of [1:26:12] these big centers, you're talking maybe [1:26:15] a hundred of these cooling towers and [1:26:17] that's contributing to this this [1:26:19] infrasound. Um, I've got a name of a [1:26:23] good video, a YouTube video that we all of us here should watch. It's called [1:26:28] Data Center Noise, a smarter approach to [1:26:31] global problems. [1:26:33] Um, I've got a copy of the Alageney [1:26:36] County, Pennsylvania noise and [1:26:38] vibration. They address these issues, [1:26:41] the sound issues in four pages in their [1:26:44] um their documentation. I would I would [1:26:48] suggest that we all go back and maybe [1:26:49] look at that to see because they've got [1:26:51] tables, they address the DBC, they [1:26:53] address a number of other levels of [1:26:55] sound, too. And uh I think for this, you [1:26:58] know, for the safety of the community, [1:27:01] uh the township and you know, we don't [1:27:03] want to be subject to lawsuits. I think [1:27:05] we need to include that in our [1:27:08] specifications. Make sure that that's [1:27:10] because that's addressed and uh and we [1:27:13] may have to say let's give it six months [1:27:16] or a year to allow that to settle out [1:27:19] because it has to be settled out. And uh [1:27:22] and I think if we don't include that um [1:27:26] that that's a huge oversight. So [1:27:28] >> and that's what you passed out, right? [1:27:31] >> Is is that the one from uh [1:27:34] >> Alagany [1:27:37] Delaware and [1:27:43] » I'm I'll check you out afterwards. It's [1:27:46] a It's the one from Alageney Township is [1:27:48] rather u [1:27:51] rather technical, but it may be that [1:27:54] that's what it'll take. And there's ways [1:27:56] of measuring it. Um give you an idea [1:28:00] just an experience of infrasound. You [1:28:04] remember the days when we had the Boeing [1:28:05] 727 with the two engines mounted on the [1:28:08] body and the back? DC9s are the same [1:28:11] way. If you ever flew on a Boeing 727 [1:28:15] and sat in the back seat, flew for very [1:28:18] long, when you got off, your brain said, [1:28:20] "Don't ever do this again." Because [1:28:22] those engines, the spools on the engines [1:28:25] would get out of sync a little bit in [1:28:27] terms of RPM, and you'd end up with like [1:28:29] a one or a two second modulation, the [1:28:32] engine noise, and it's just a pounding [1:28:34] noise. I've experienced it. I think a [1:28:36] lot of you probably experienced that. [1:28:38] It's a pounding noise. You don't hear [1:28:40] that noise. you hear the engine noise, [1:28:42] but it certainly affects your brain and [1:28:44] your body and uh to the point where you [1:28:47] don't want to do it again. So, [1:28:49] >> thank you. [1:28:50] Greg. [1:29:06] » Didn't really want to follow him up [1:29:07] because I'm such an amateur at this. It [1:29:09] was really informative. Um, my name is [1:29:12] Melissa Katie and I live in Greymore. U, [1:29:14] most of what I've kind of I feel like [1:29:15] you guys addressed a lot of the things [1:29:17] that I was concerned with tonight. I [1:29:18] just had a couple things I wanted to [1:29:20] just maybe go over in my notes, but [1:29:22] definitely want to thank you for all the [1:29:23] hard work and time you guys have put [1:29:24] into this because it is even me googling [1:29:26] is feels like a ton of work. Um, I did [1:29:31] look at in my own research today, I had [1:29:33] looked at the size of buildings, what [1:29:35] you had to address for how big a regular [1:29:37] size building is. Like the typical Home [1:29:38] Depot is only 105,000 square feet. [1:29:41] Davenport's biggest building over by [1:29:43] where this property is that we're [1:29:44] concerned with is 140,000. So, it is a [1:29:47] pretty significantly large building if [1:29:48] it is one single building of that size. [1:29:51] So, um, it doesn't technically fit with [1:29:54] I wouldn't think the buildings around [1:29:55] it, especially with the residential [1:29:57] which are much smaller. Um, The other [1:29:59] thing was the obviously I like the [1:30:00] restrictions on noise but from [1:30:02] everything I've read data centers run [1:30:03] pretty much the same decibels all day [1:30:05] every day doing the same thing. The [1:30:07] generators seem to be what change like [1:30:10] they would have to run those during [1:30:11] certain times but everything I've been [1:30:12] seeing has been that they run a constant [1:30:16] same hum or whatever the sound is is [1:30:19] going to be through the day and night. [1:30:20] So if there are restrictions on time [1:30:21] periods are how effective are they if it [1:30:24] runs at these same levels all the time. [1:30:26] Um I also done some research on that [1:30:29] infrasound. Um not I don't know nearly [1:30:32] as much about it, but I did see things [1:30:35] um about the negative health impacts. Um [1:30:37] also that when you think of it in the [1:30:39] terms of a plane or something that [1:30:41] you're on for a short period of time, [1:30:42] these are 247 365 of this sound coming [1:30:46] through. Um the National Institute of [1:30:49] Health has a report on that also that [1:30:50] it's they're thinking that it causes [1:30:52] cardiac issues and affects people with [1:30:54] autoimmune diseases just people without [1:30:57] health issues causing all sorts of brain [1:30:59] fogs and all different headaches and [1:31:02] different things that are coming up and [1:31:04] because this is such an everchanging [1:31:06] industry um I was reading about this [1:31:09] again not an expert this is just [1:31:10] something maybe to let you guys go do [1:31:12] your own research on too that they're [1:31:14] moving from some crypto mining to I data [1:31:17] centers which are then using instead of [1:31:19] the average 300 megawatts the same [1:31:22] facility would use a thousand megawatts [1:31:24] and so I would just have questions on is [1:31:26] there I don't I don't know if there's an [1:31:27] ability to do this but a cap at some [1:31:29] point or you had mentioned before about [1:31:31] the residents getting the costs at some [1:31:35] point if they're just increasing their [1:31:37] usage in these same size facilities at [1:31:39] what point the only thing I could find [1:31:41] is that we would have to go as residents [1:31:43] and look up all of the reports for usage [1:31:46] data uh and then compare from year to [1:31:47] year and that just doesn't seem like as [1:31:50] residents we would have much power to [1:31:52] really fight that and even if we did [1:31:54] find discrepancies where we go with that [1:31:56] information and who would protect us. So [1:31:59] I was just concerned with seeing that [1:32:00] they're using more and more and more [1:32:02] they're not like scaling down with the [1:32:04] advance in technology they seem to be [1:32:06] increasing what they can fit into that [1:32:08] space. Um [1:32:11] oh the one question I had was on the [1:32:13] time frame for decommissioning is that [1:32:15] something that could take 10, 15, 20 [1:32:17] years or is there a specific amount of [1:32:19] time because that abandoned building [1:32:20] could just be like rotting there in the [1:32:21] meantime while we wait for it? Um [1:32:23] especially like the properties we're [1:32:24] talking about are so close to our [1:32:26] houses. You don't want animals, people, [1:32:28] any kind of things that come with that. [1:32:31] Um the moratorum, I don't know if as far [1:32:35] as I know, it wasn't [1:32:38] discussed or anything. We I'm just [1:32:40] wanted to support still extending that [1:32:42] moratorium. there's so much more [1:32:44] research to do and just hopefully um you [1:32:47] guys get the time you need to be able to [1:32:48] do all of the research. Um and that's [1:32:51] really it. I just wanted to say great [1:32:53] job on everything so far and those are [1:32:55] my little notes. [1:32:56] >> Thank you. [1:33:11] Hello. Uh, Danielle again. [1:33:15] Um, so I'm the one that has a [1:33:17] preschooler going to Dutton. [1:33:19] And so I really just want you to take [1:33:21] what these people are saying in [1:33:22] consideration and your school is on the [1:33:25] border of Gaines Township who has [1:33:28] Microsoft [1:33:29] um, trying to put in a data center on [1:33:31] 76th and Patter. And so if you guys [1:33:34] could make a committee, I've been to the [1:33:36] school board meetings and I've talked to [1:33:38] them like what can you guys do to talk [1:33:41] with gains to make sure that you guys [1:33:43] are doing a great job with some of your [1:33:44] really specifics? Um you know numbers and enforcement and [1:33:51] you're on I don't know what you guys can [1:33:52] do across township lines but that [1:33:54] Patterson and 76 area. Um, [1:33:58] so trying to like enforce like what you [1:34:01] guys would like to have either working [1:34:03] with Gaines and Dan Wells over there to [1:34:07] get them to maybe modify some of their [1:34:10] um specific specifics um for their [1:34:14] ordinance update because they're trying [1:34:16] to work on one as well um or encourage [1:34:19] them to follow your numbers because you [1:34:21] have residents budding up next to them. [1:34:23] Um but just for reference, the Amazon [1:34:25] building I has about a 400,000 a 400,000 [1:34:29] square foot um footing. Um it's two [1:34:32] stories, so it's like 850,000 square [1:34:34] feet, but you guys have a limit to how [1:34:36] tall your building can be, which is [1:34:38] good. Um their burm is like probably a [1:34:41] 24 foot burm, which is a decent size, [1:34:43] but they don't have enough trees. So, I [1:34:45] definitely would update your trees and [1:34:48] foilage and make sure they're at least [1:34:49] like 10 year old trees, lots of bushes, [1:34:51] because they don't have enough stuff on [1:34:53] that wall, that BM. Um, and as you hear, [1:34:58] you um should consider more information [1:35:01] about the DBC infrasound noise. Um, [1:35:05] especially with the school nearby. Um, [1:35:07] you know, and if you have the special [1:35:09] education students that are going to be [1:35:11] in that building or just outside during [1:35:14] playtime or inside trying to learn, um, [1:35:17] that's going to probably affect them [1:35:18] because of how close it is. And again, [1:35:22] it is 247 noise. Um, it's not Monday [1:35:25] through Friday, 8 to 5, right? It's all [1:35:27] day every day. So, I'm really glad that [1:35:29] you are trying to have like a daytime [1:35:32] noise limit and a nighttime noise limit, [1:35:34] but we should also be addressing the [1:35:37] vibration noise, the infrasound DBC or [1:35:40] DBZ. Again, I haven't been able to do [1:35:43] like really good research on the [1:35:45] specifics of that. [clears throat] [1:35:47] Um, [1:35:50] and maybe some more. I I saw something [1:35:53] about following Eagle standards in [1:35:55] there. I'm not sure if that includes [1:35:56] like water retention and because they're [1:35:59] going to because they may have a lot of [1:36:00] cement, see what what they would use for [1:36:03] like pesticide usage. I'm sure you have [1:36:05] rules about that for any other [1:36:07] commercial place. So, that's probably [1:36:10] covered. Um, and yeah, definitely what [1:36:13] happens if they don't comply. So, what I [1:36:16] saw you have like a spot for them to [1:36:18] have money set aside for when they don't [1:36:20] comply with your rules, but how are you [1:36:23] going to know they're not complying? Are [1:36:25] you doing regular testing and by whom? [1:36:28] [clears throat] And um [1:36:31] something in there about trying to use [1:36:32] the most clean energy available at the [1:36:34] time. So, like right now their diesel [1:36:36] generators have there's like different [1:36:38] versions of them and like Switch said [1:36:41] they're going to use the version four [1:36:43] diesel generator which better than what [1:36:45] Gaines Township has in their ordinance, [1:36:47] but who knows when this is going to [1:36:49] happen, right? Things are constantly [1:36:50] changing. So, have something in there [1:36:52] that says like the best of the best [1:36:54] available at the time. Maybe maybe leave [1:36:56] a little open instead of being too [1:36:58] specific as to like, oh, make sure you [1:37:00] use this diesel generator. And then in [1:37:02] 10 years, it's like, oh, just kidding. [1:37:04] It's better now. And I'm sure you guys [1:37:06] can update your ordinances over time, [1:37:08] too. Um, but uh just um [1:37:15] Yeah. Um, so anyway, and I just [1:37:17] encourage you to maybe get in uh chats [1:37:21] with gains and the school board for the school issue that's going to be [1:37:26] right on the border next to the [1:37:28] Microsoft one. Okay. [1:37:30] >> Thanks. [1:37:31] >> Thank you. [1:37:37] » Okay. Hey, Deb Steady. Um, want to refer [1:37:40] to the document that I handed out and [1:37:43] um, this is a model ordinance. It [1:37:46] represents noise in about four and a [1:37:49] half pages. Think about what our current [1:37:52] draft how that addresses noise at this [1:37:55] point. So, the point was made, how are [1:37:58] you going to know how to comply? First [1:38:00] of the 60 DBA or the 55 or 45, it's [1:38:05] meaningless. It's It's what you [1:38:08] suggested. Somebody going up with a [1:38:10] little decimal meter and saying, "What [1:38:13] is the amount of noise here?" That's not [1:38:16] how the noise needs to be calculated. It [1:38:19] needs to be a a continuous an LEQ, a [1:38:23] continuous level to accommodate the big [1:38:27] noises, the small noises. And basically, [1:38:30] it averages it out. it has it in a [1:38:33] bucket and it's done over a period of [1:38:36] time, sometimes 24 hours. You need to [1:38:38] have a compliance metric if you think [1:38:40] you're going to enforce a noise [1:38:42] ordinance piece to what you're doing. [1:38:45] So, I really would stress [snorts] for [1:38:48] you to take a look at this and Ross [1:38:50] perhaps you could tell me who was the [1:38:52] noise expert that helped you draft that [1:38:54] portion of the noise section. Were you [1:38:59] relying on noise experts or how did that [1:39:04] come about? [1:39:11] » As we've [1:39:13] said before, this is your time to talk, [1:39:15] not for us to answer your questions. [1:39:17] >> Okay, that's a good point. So let's have [1:39:19] a public workshop where the public can [1:39:21] come and get answers to their questions, [1:39:25] bring data, have a reasonable discussion [1:39:28] versus being cut off from providing [1:39:31] anything new that might help us better [1:39:35] protect our township and our citizens [1:39:37] and our children. [1:39:40] The the control that's being exercised [1:39:43] by the chair is really a very um [1:39:48] What do I want to say? [1:39:50] Uh, discouraging [1:39:53] because to me that says you don't want [1:39:54] to learn anything new. [1:40:00] I want to learn something new. We've all [1:40:02] been working very hard as citizens to [1:40:05] educate ourselves and to provide good [1:40:07] information to you. [1:40:10] And so, respect that, please. [1:40:13] And give it give us some answers. [1:40:17] We spend our time to come here and to [1:40:19] say our attorney that our taxpayer [1:40:22] dollars fund cannot answer a citizen [1:40:25] question. [1:40:28] Does that make sense to you? It doesn't [1:40:30] make sense to me. Thank you for your [1:40:31] time. [1:40:46] Seeing no further public comment, we [1:40:48] will close the extended public comment [1:40:50] period for this time. Commissioner [1:40:52] comments. Mr. Donovan, I know you have [1:40:53] something. [1:40:54] >> Yeah. Yeah. [1:40:55] >> All right. I wanted to add one one uh [1:40:58] agenda item. I would like to have a [1:41:01] discussion and you know I don't know how [1:41:04] we notice it out and how all these [1:41:05] things kind of work in the background [1:41:07] but I would like to see if we can talk [1:41:10] about increasing the minimum lot size [1:41:14] for agricultural and rural residentially [1:41:17] zoned properties. [1:41:20] All right. I would like to kind of talk [1:41:22] about that. And then the backdrop of [1:41:24] this is obviously, you know, the [1:41:26] amendment to Michigan Land Vision Act. [1:41:30] Okay. That's kind of the backdrop of [1:41:34] why, you know, I would like to have that [1:41:38] discussion and those two I think kind of [1:41:40] think go hand in hand in implementation [1:41:42] of the updates land division act and [1:41:44] then what we're allowing as far as [1:41:47] minimum lot size for some of our zoning [1:41:50] here. [1:41:53] >> So if we can put that on the agenda. Um [1:41:56] and then the second thing would be again [1:41:59] just a Quick discussion discussion on uh [1:42:03] you know whether or not to uh send [1:42:07] basically the uh the board a request for [1:42:11] an extension of the uh [1:42:15] >> moratorum [1:42:17] on data centers. [1:42:19] >> It's October. [1:42:21] >> I think it's October right now. So if we [1:42:23] do it now then we you know kind of come [1:42:25] toward the end of month September send [1:42:27] it over to the board. I think the idea [1:42:30] is to get closer. We have a couple [1:42:32] meetings between now and the moratorum. [1:42:35] >> We already did. Thank you. We already [1:42:38] did send a recommendation to the [1:42:40] township board. They're aware of the [1:42:42] desire to extend it and as I mentioned [1:42:46] earlier there there is no don't believe [1:42:49] that there's a desire to let that lapse [1:42:51] but the advice of our township attorney [1:42:53] was to get closer to that before [1:42:57] extending it because um we don't want to [1:43:00] be perceived as just blocking that use. [1:43:04] um that it's best to kind of live live [1:43:07] that time frame out and and have the [1:43:10] next one start. [1:43:11] >> Okay. So, it will be [1:43:13] >> that'll be you're uh putting that on [1:43:16] your calendar. [1:43:18] >> Yes. Yes. We've already sent it to the [1:43:20] township board to the clerk clerk's [1:43:23] assistant. They're aware of it. We've [1:43:25] already had emails with our township. [1:43:27] >> Okay. So, that would show up then on an [1:43:30] agenda item for the planning commission [1:43:32] in the [1:43:32] >> No, no. You as a planning commission [1:43:34] have already recommended one to the [1:43:36] township board, so we don't need to do [1:43:38] it again. [1:43:39] >> So you're saying the current goes to [1:43:40] October, [1:43:41] >> correct? [1:43:42] >> And then we've already recommended the [1:43:43] extension after the [1:43:45] >> correct. And we didn't need to recommend [1:43:47] it anyway. The board would do it, but [1:43:49] yes, [1:43:50] >> it's already um [1:43:52] >> All right. So that's So we're one we're one recommendation out [1:43:56] already, so we're good. [1:43:57] >> Yeah. [1:43:58] >> Okay. [1:43:58] >> Yeah, we're good. And then as to the [1:44:01] land, [1:44:02] >> I know this is, you know, it's [1:44:03] important. [1:44:04] >> It's very important and they're they're [1:44:06] very aware. They're they're aware of [1:44:08] that. Um [1:44:10] the [1:44:15] lot area, you did get a memo in your [1:44:18] last packet about the land division act. [1:44:21] So maybe if you'd like, I can email that [1:44:24] to you guys again. um because [1:44:28] Chairman Curtis, you weren't here at [1:44:30] that meeting to discuss it. But that is [1:44:31] something that we do need to get on top [1:44:33] of, you know, before the end of the year [1:44:37] since that land division act comes [1:44:41] um into play starting at the end of [1:44:44] March. [1:44:45] So, we want to look at the implication [1:44:47] of that and if there are changes to our [1:44:49] zoning ordinance, we want to get those [1:44:53] um adopted before them. [1:44:55] Do we have any maybe this is a attorney [1:44:59] question. Do we have any clear guidance [1:45:01] from the state or or is this one of [1:45:06] these things that needs to be litigated [1:45:07] before we figure out what the actual [1:45:11] we're allowed to do [1:45:14] >> on the land division decreasing lot [1:45:17] size? [1:45:19] >> Yes. Are you are any of your clients, [1:45:22] Ross, talking about the implications of [1:45:25] the um the 10 splits? Um [1:45:31] and when we did our analysis, it looks [1:45:34] like with we have two acre minimums. So [1:45:38] with 10 splits, there's probably the [1:45:40] potential for one additional split than [1:45:43] the four that can happen. Now, [1:45:46] >> if you're not ready to talk about that, [1:45:48] that's fine. [1:45:49] And as I'll yeah, I'll share that memo [1:45:52] with you. We can look at Yeah, [1:45:55] >> I think a lot of communities are really [1:45:57] working on the data center stuff right [1:45:59] now and then we're going to be moving [1:46:01] into the land division shortly after. [1:46:06] » Let's go up here. [1:46:07] >> I'm good. Mr. Mlean, [1:46:11] >> I just want to thank everyone for their [1:46:13] interests and efforts and attention to [1:46:16] this matter and I think we're figuring [1:46:19] this out for our community and [1:46:21] appreciate what you're bringing to us. [1:46:23] And there was also a comment um of how [1:46:28] we can [1:46:29] better communicate maybe with Gaines [1:46:31] Township and also potentially how we [1:46:33] could advocate for the school board. Um [1:46:35] Commissioner Clement, who's [1:46:36] unfortunately absent today, is actually [1:46:38] on the school board and might even be [1:46:40] the reason he's absent because I think [1:46:42] these meetings partially conflict with [1:46:44] the schoolboard time. So um we we have a [1:46:47] good connection there. The community is [1:46:48] really well connected to the [1:46:50] superintendent and leadership in the [1:46:52] school too. So just wanted to reassure [1:46:55] you that the lines of communication are [1:46:57] open. Um and that's all [1:47:04] » motion to [1:47:06] hold on. [1:47:08] >> Do we have any correspondence or staff [1:47:09] updates? [1:47:12] Uh, no, no updates, but we look forward [1:47:14] to seeing you at the September 21st [1:47:16] meeting. We have a public hearing for [1:47:19] amending the contractor yard special [1:47:22] land use to the north, the harder site. [1:47:27] >> They want to build another accessory [1:47:29] building. Um, and then we have the [1:47:32] homebased business on that agenda as [1:47:33] well. [1:47:35] >> So, no meeting the first of the month. [1:47:37] >> Labor Day of October. [1:47:38] >> Labor Day. [1:47:40] >> Oh. Correct. Yeah. Yeah. That was never [1:47:42] even step. [1:47:44] >> I will be out the 21st. [1:47:46] >> You'll be out the 21st. [1:47:49] Chairman Curtis, you as well. [1:47:57] hopefully everybody else will be [1:47:58] here because we do need a hearing item. [1:48:04] » Motion to [1:48:07] support. Motion by visser uh support by [1:48:10] Bradshaw. All those in favor say I. [1:48:12] >> I. [1:48:13] >> All those opposed. Meeting a journ. [1:48:20] [laughter] [1:48:23] I'm not going to [1:48:26] [cough and clears throat] [1:48:28] >> You can keep that. You can keep it if [1:48:30] you want. [1:48:31] >> Yeah. Yeah. Yeah. That's why I give it [1:48:32] to you. I'll get a whole new one. [1:48:35] >> I knew you I knew you were more [1:48:38] like you just want to know what was [1:48:39] going on. We send this like postcard or [1:48:42] whatever in the mail that says [1:48:44] >> you're affected by this. [1:48:46] >> Yeah. I guess my concern more than [1:48:49] anything is that good healthy [1:48:51] communities are communities for all [1:48:54] ages. [1:48:54] >> Well, we [1:48:58] exactly we all can't [1:49:01] >> I mean I wanted you to have it that [1:49:04] information is typically available on [1:49:08] that citizen's going to go look. [1:49:12] >> You'd have to find her. But I had a good [1:49:14] career and I lived to go and [1:49:16] >> it's not nec