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Anyone

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else

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free?

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Yeah.

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» No. Okay.
>> Mr. bond.

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» As a recipient of federal funds and has
supported Debron Countyy's efforts to

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ensure non-discrimination and equal
access to all citizens, the county

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gathers statistical data regarding
participants and county activities.

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Therefore, we have provided a voluntary
title six public involvement survey at

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this meeting. You are not required to
complete this survey. However, the form

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is anonymous and will be used solely for
the purpose of monitoring our compliance

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with title six and ADA.

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» Oh, yes.

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Let's see. Today's Wednesday, September
9th, 2026 planning commission meeting to

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order. If everyone would please stand
for the pledge of allegiance

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to the flag of the United States of
America and to the republic for it

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stands, one nation,
indivisible, with liberty and justice

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for all.

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Roll call Jim Thatcher Russell Berser
Eric Lang

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» Dennis Grass Jr. Mark Leman,
>> Sabrina Gregory,

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» Joe Bubble,

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» Jake and Danny absent.

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» We have no action on minutes tonight. We
have

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» It's not really new old business.
are

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jump down to administrative for
proposed

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solar ordinance

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article 19 I believe it is

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um
we were kind of going through this

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section by section but I think uh
it might be better if we maybe did a

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couple sections or three sections at a
time and then took public input on that

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so we could help move along a little
faster.

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And then maybe at the end of the meeting
if people who can't attend a meeting in

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the future have comments for a section
they may not be here for, we could take

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a couple people at the end.
Has anybody got any heartburn with that?

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H.
Okay.

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So according to my notes, we left off at
section 1906.

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Let's start with 1910

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gold. Do you have

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» first I wanted to um just explain what
you have in front of you as well. Um

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so um the Excel sheet
um that you have it goes section by

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section and then the comments that have
been received.

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Um
you actually have the most dated. Um now

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there are a couple comments that were
received in the last two days that are

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not on there.
Um

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so and then if it is over in discussion
or the decisions discussions if it's red

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that means it was something of minor
um maybe spelling or something like that

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that's already been changed or something
that we discussed last um time we met.

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Um, also you have the latest and
greatest of uh the solar um the draft

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ordinance and that isn't even within the
those changes that have been made.

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They're highlighted or crossed out. Um
this packet here is the comments that

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have been received
um since um

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yours would be the comments that were
received. you received the ones that

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were from last month or from 8:12 to
8:25. This would be from 8:26 to 98.

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Um, as you go through there and then the
last packet that you have is what I had

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received um from the MS4 coordinator.
Um, also these were discussions that had

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taken place in tech review meeting. Um
so soil and water was there as well in

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those discussions of those comments that
were had. Um and that was also in

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comparison with um the technical
standards of the MS4

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um
to ensure consistency between those

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ordinances as well. Um, so we went
through those

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um to make sure both um the draft
ordinance and the technical standards

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for MS4
um are consistent.

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Um and it was actually determined that a
couple things need to be um revised in

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the technical standards as well. Um so
that's what you have before you.

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Um and then I will go uh through
what we've received um to date

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um

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on the comments for uh 1910

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if you
and I'll have it up on the screen too.

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So page eight. So 1910 is the permitting
requirements and standards for smallcale

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solar projects.

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Excuse me. Um these uh projects would be
those on individual houses in the

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individual yards for homes or for um
agricultural farms um for individual

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property owners um if they want to have
solar for the use of their homes, their

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barns, um anything on their property. Um
so in um

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on B2 which would be the location
um the and these first few comments were

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were re received by the commissioner
citizen advisory committee. Um the word

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reasonable leads to interpretation.
Um

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and that is as far as giving the
technical review committee um

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reasonable um discretionary to have um
if it can't be placed in the required

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yards. Um we have that in other areas of
the ordinance the for tech review um to

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give
um leeway to some of those ordinances.

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Um and it would be up to the um
plan commission whether you wanted that

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something of that nature to go before
the technical review committee or the

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BZA. So it's one or the other. In this
instance, we gave it to the a tech

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review committee because it's a
smaller scale solar project for a home

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or for an A um and for the cost of a
BZA, we felt the technical review

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committee could make that decision um on
the location.

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Um so that was one comment on there.
Um on the

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for a and the third sentence the word
except um it was just it was um

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spelling error. Um page nine
as we go through number four. Um they

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suggest instead of doing percentages
using a cap on acres, two acres as a cap

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size. Um
the reason it wasn't done that initially

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is not knowing the size of the house,
what you know it would be used for. Um

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thinking it was going to be more
legitimate size per what their use is

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for. Um
either way, I don't think it's

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um do I ever see a farm having more than
two acres? No. But is it realistic? I

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don't know. Um depending on the size of
the farm, if it's used for their

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personal use.
Um so that would just be up for

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discussion on how the plan commission
would like to move forward on that. Um

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number five, uh the solar panel
setbacks. Um the reason why it's in red,

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it was already taken out that comment.
Number six, the screening uh coverage

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needs more defined and required list. Um
you know, we I put screening in there.

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um
just to try to allow um the screening of

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the personal solar. But um the disc the
discussion that um probably needs to be

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had is just whether or not it should be
in there eliminated because we don't

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require screening for any other
residential personal

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uses.
Um so it would be one or the other as

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far as being what is written being more
descriptive

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on I guess what that screening should be
exactly or to eliminate the screening

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alto together.
Um number seven glare

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um need more defined um so I did a
little bit more research and I did add

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additional sentence to that. Um it's
hard to define exactly what because

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there's just different types of
materials that are used um for

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anti-glare, but just to try to be a
little bit more descriptive in that. Um

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so what's highlighted in yellow, what
was added um for that comment.

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Number 11,
maintenance. Um what is the enforcement?

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Um it would be just the basic
enforcement through the planning and

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zoning department as any other ordinance
violation

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um for that which is outlined in
different articles of the zoning

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ordinance. Um so the procedures um
enforcement and then penalties are all

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outlined um in article six
number 13 which is on the next page

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abandonment.
Um as far as uh I had in there um a

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required time frame didn't describe
that. Um

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then the other question comes to play
and I had talked to Andy about this as

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far as a possibility of eliminating the
abandonment part in this this the small

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scale. Um because if it's abandoned, if
it's for a residential house or for a

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barn of uses like that, if the house is
abandoned and that's what the solar is

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abandoned, it can actually go under even
if it's not abandoned because the house

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is abandoned, it can go under the unsafe
building ordinance.

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Um so either eliminating it or just
putting it abandonment would follow the

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unsafe building ordinance.
um or any violations of that. Um

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I would suggest probably the um unsafe
building ordinance as there's more teeth

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to that ordinance than there is a zoning
ordinance. So if it's truly abandoned on

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a property with an abandoned house, um
we there's more teeth under the unsafe

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building ordinance.

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Um and then
So, the last few uh comments were based

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on that um and whether or not we keep it
in there or state that it is under the

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unsafe building ordinance.
Um and then also the MS4 and the highway

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engineer brought up the same question.
That's where we got discussing on the

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unsafe building ordinance uh to be
followed in that case as well. Um those

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are all the comments um as of the date
that when probably about Friday um that

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were received for this particular
section for the small scale. Does the

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board have any questions
on the small scale or any comments on

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any of the
um items that were received?

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» Not.
>> Okay. any um heartburn over the

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abandonment just going under the unsafe
building ordinance?

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» No.
>> Seems like a good place for it.

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» Yep.
>> Wherever it's got more teeth.

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» Okay.
Um would there necessarily need to be

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any kind of specific requirements
regarding solar being abandoned in a

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residential area?
It's whether or not we're getting

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complaints on whether it's abandoned. I
mean, I don't know how else to do

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whether outside of
>> you might be able to do something with a

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house because most of that's all known.
But when you start dealing with

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something that's unknown to folks, it
could be a different situation.

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» And if you're talking about abandoned
and cleanup would happen,

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» I'm talking about would they be aware of
how to handle

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abandoned solar equipment.
>> So, it would either have to be so under

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the as we've done um some of the unsafe
building ordinances and and violations

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thereof.
So, it's first of course you

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» I think it's a good fit. Yeah. I think
>> I think as far as what it would be is if

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they don't take it down
take the house down as we do because

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event it goes to court. So, they either
have to take it down or it goes to

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court. Um, then as far as what we would
see whether they took it all down or

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not, if there's any safety factors, we
would still go to a judge and say,

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» safety factors
>> we would still go to something that

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they're not used to dealing with.
>> Yeah. So, most of the time we then also

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ask for an entry entry warrant which
allows us to go on the property to

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either determine what has to be taken
down specifically or what has to what

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still has to be taken down. Um, and then
it goes through a bid process as far as

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we described that what has to be taken
down, how it has to be taken down in

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that bid process and it gets approved by
the judge.

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» Yeah. Yeah. I'm aware of how it all
works. I just concerned about that

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equipment being in the backyard or
wherever and people go in to do a

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demolition and they believe that they
could just

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» Yeah. But I I but the same as if some we
tell someone to take down their house of

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whether or not they're equipped to take
down their own house and they do it

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themselves as well. I don't know how far
into the personal aspect of telling them

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how to take things down.
>> I think we just need a little bit of

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information around that
>> around taking the solder down if it's

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abandoned by a residential.
>> Okay.

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» Uh as far as details of what has to be
taken down.

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Well, you need to tell people something
if they're going in to tear down. Let's

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say Ed Yelton goes out to tear something
down and and he doesn't he doesn't know,

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you know, what possible consequences
could be if he starts tearing down the

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solar with his boulder

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and then we're on the hook for
liability.

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» If not if we put it under unsafe
building because then it's still up to

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them. the countyy's tell him about the
potential hazard.

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» I don't know if I would be telling him
about the potential hazard of taking the

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house down with asbestous because we
don't have to tell them what the hazards

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are down houses before.
>> Oh, I know that. But that this is kind

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00:18:33,120 --> 00:18:38,400
of a different animal
>> the way I see it anyway. I don't know.

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00:18:37,039 --> 00:18:41,600
Maybe Ed can jump in. It's not a
problem. But it's not it's but you're

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not required to do anything for taking
down a house even if it has a speestous

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because it's a residential house unless
it's commercial. So we don't go tell

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them how to take it down
with the asbestous being in there and

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we're not liable.
>> Yeah. But that's a known entity.

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00:18:58,240 --> 00:19:06,640
» We know that's dangerous.
>> Take a building down. You're talking

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about a 1500 square foot. You go in a
solar field, say a tornado goes through

201
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it, you got acres,

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00:19:13,520 --> 00:19:19,840
» private private
>> residential acres.

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» I know it's frustrating, but I just want
to make sure. Well, I'm trying I'm

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trying not to where we're
>> giving more, you know, be more strict

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over here, but in getting involved in
people's residential

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00:19:31,200 --> 00:19:40,559
» if they tear down a shed, you know,
where are we stop and telling personally

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what they need to do with their own
>> Well, I think the problem here is that

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we're not experts to be able to tell
someone

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00:19:47,919 --> 00:19:53,200
how to terrorize. That's exactly what
I'm saying. We're not experts.

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» We can't put something that we don't
know about in an ordinance.

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I think it would fall on the person that
would be bidding on.

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00:19:58,640 --> 00:20:03,039
» I mean, if anything, it would be the
same as a decommissioning and you're

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00:20:01,520 --> 00:20:06,640
just telling them what parts to take
down. We're not telling them how to take

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00:20:04,559 --> 00:20:09,120
it down, though. So, you're wanting to
have the parts of what has to be

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00:20:08,640 --> 00:20:12,160
removed.
>> So, you're putting the onus on whoever's

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00:20:10,960 --> 00:20:15,360
tearing it down.
>> Putting it on whoever put it up and

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00:20:13,760 --> 00:20:22,559
who's tearing it down on their property.
>> That's what I'm saying. Yeah. Yep.

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00:20:18,880 --> 00:20:27,200
All right, move on.
>> Um, so we would Does anybody else else

219
00:20:25,200 --> 00:20:34,240
have anything for 1910?
>> Um, I mean I do see where they're coming

220
00:20:30,480 --> 00:20:39,360
from with the the two acre cap. Um, I do
also like the the percentage requirement

221
00:20:36,559 --> 00:20:43,760
because like I've got a 1acre yard. So,
if we just did a a twoacre cap, that

222
00:20:42,320 --> 00:20:48,720
would mean that I could put like my
entire yard of solar panels if we didn't

223
00:20:45,760 --> 00:20:52,960
have like the 25%. But is there maybe a
way to add that 2% cap? So, we have that

224
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that percentage.
>> Yeah. So, we have that percentage and

225
00:20:54,720 --> 00:21:02,120
then like absolutely no more than two
acres otherwise it moves into a larger

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00:20:58,799 --> 00:21:02,120
project size.

227
00:21:05,600 --> 00:21:13,679
Well, or it would be if we put a cap on
two acres, um, in my opinion, it would

228
00:21:10,880 --> 00:21:16,880
then be as a like a variance where
they'd have to prove why they need the

229
00:21:15,520 --> 00:21:19,840
more than two acres.
>> Okay. Yeah.

230
00:21:17,919 --> 00:21:22,000
» Instead of moving up to a different size
because then you're getting it to a

231
00:21:21,360 --> 00:21:25,600
different,
>> right? Yeah. Okay. So, wording for a

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00:21:23,840 --> 00:21:29,919
variance there. Yeah. So, that's a way
if we want to do a cap, I would say yes,

233
00:21:28,000 --> 00:21:35,120
put a cap on there, but then if they
need, they'd have to go to the BCA as a

234
00:21:33,039 --> 00:21:39,760
variance to prove why they need more
than two acres.

235
00:21:36,320 --> 00:21:44,640
» Okay. Is everybody comfortable with two
acres for the small?

236
00:21:42,559 --> 00:21:46,320
» I think that's a good idea to cap it and
then

237
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» and keep the percentages.
>> Yeah. But I'm also wondering, so if you

238
00:21:48,240 --> 00:21:54,320
want to put solar on your roof and it
works for you and you want to put some

239
00:21:52,240 --> 00:21:59,200
in your yard, does the roof count
against your percentage of your yard? I

240
00:21:56,960 --> 00:22:03,280
wouldn't shoot because it's already
>> put it on your Yeah. Then then you're

241
00:22:01,679 --> 00:22:08,360
» Yeah. Whatever ground mounted you have
is where your percentage starts.

242
00:22:05,360 --> 00:22:08,360
» Yes.

243
00:22:08,640 --> 00:22:15,600
» Okay.
>> Because the we don't have a um coverage.

244
00:22:13,120 --> 00:22:22,000
Now, if we had a coverage percentage for
any structures, like in the county, we

245
00:22:18,080 --> 00:22:26,799
don't have a um percentage coverage for
like building a house, building a barn,

246
00:22:23,840 --> 00:22:30,240
building um driveway. We don't have a
percentage of what you can how much

247
00:22:28,559 --> 00:22:34,480
impervious service you can have on your
acreage. If we did, then we would

248
00:22:32,640 --> 00:22:36,400
probably include the house or not, you
know, we would it would already be

249
00:22:35,760 --> 00:22:41,200
included.
>> Yeah. But I wouldn't include a roof

250
00:22:38,880 --> 00:22:44,720
because it's not included in any other
structures.

251
00:22:42,400 --> 00:22:52,360
» I just I didn't know if that was spelled
out or if that's implied in here, but

252
00:22:49,360 --> 00:22:52,360
» um

253
00:22:53,760 --> 00:23:01,280
it does say the total surface area of
ground mounted solar array shall. So it

254
00:22:58,400 --> 00:23:05,520
doesn't where it says maximum coverage,
it's comes right out and says ground

255
00:23:03,360 --> 00:23:09,039
mounted ground. So then I I mean I could
see where some would say no it's on your

256
00:23:07,600 --> 00:23:10,159
roof it doesn't count it's your
percentage.

257
00:23:09,679 --> 00:23:15,840
» Mhm.
>> So okay.

258
00:23:11,280 --> 00:23:20,799
» So but adding the two two acres cap
everybody comfortable with

259
00:23:17,840 --> 00:23:24,559
» Yeah.
>> or different acreage. I don't everybody

260
00:23:24,240 --> 00:23:27,120
seems
>> I mean it seems like we're pulling two

261
00:23:25,760 --> 00:23:32,400
acres out of the air. That's a fair
amount of solar but I mean but it's not

262
00:23:30,480 --> 00:23:36,679
big enough where it's going to be
>> commercial either. No.

263
00:23:46,400 --> 00:23:51,320
Okay. If we move on to 1915,

264
00:23:54,400 --> 00:24:01,679
1915 is um the st permitting
requirements standards for large-scale

265
00:23:59,039 --> 00:24:07,840
individual projects. So, this would be
if um Walmart came in and wanted to do a

266
00:24:06,080 --> 00:24:16,080
solar
um field for just their just the Walmart

267
00:24:11,840 --> 00:24:23,520
um or an industrial use wanting to use
the solar just for theirs. Um so the

268
00:24:20,480 --> 00:24:30,000
comments um
we received

269
00:24:27,440 --> 00:24:35,760
um
again they uh reasonable is too large.

270
00:24:32,880 --> 00:24:42,400
Um again this was something for tech
review as tech review uh does review

271
00:24:39,200 --> 00:24:49,919
commercial um site plans and permitting
processes as far as the location.

272
00:24:46,240 --> 00:24:55,360
um in an alternate um spot, whether it
be the side or rear. Um an alternate

273
00:24:52,640 --> 00:25:01,200
would be of course the front yard. Um
but allowing the technical review

274
00:24:57,760 --> 00:25:06,000
committee um to make that decision or
because it would be of a larger scale as

275
00:25:03,679 --> 00:25:10,440
far as for commercial or industrial use,
would you prefer it to go to BZA?

276
00:25:23,279 --> 00:25:31,400
I have a problem
>> either way or or the tech review.

277
00:25:28,000 --> 00:25:31,400
» Tech review.

278
00:25:34,400 --> 00:25:39,120
» And we're talking about things that only
fall in either a business or industrial

279
00:25:38,000 --> 00:25:42,159
zone. Correct.
>> Yeah. things that

280
00:25:40,960 --> 00:25:47,679
» right here
>> or they've had a conditional use to be

281
00:25:44,960 --> 00:25:52,799
there um
>> so yeah so it' be the and it's actually

282
00:25:50,799 --> 00:25:57,039
just the location
um

283
00:25:54,720 --> 00:26:00,559
» of those
because we don't get into the setbacks

284
00:25:58,559 --> 00:26:04,080
yet. It's just whether or not they
should be allowed to be in the front

285
00:26:01,760 --> 00:26:07,760
yard.
>> So it would essentially follow whatever

286
00:26:05,679 --> 00:26:11,440
setbacks that we've got already in those
zones. There's no special setbacks for

287
00:26:09,760 --> 00:26:15,919
solar in
>> later on down we do. This is just giving

288
00:26:14,400 --> 00:26:22,559
whether if it's
>> so if it's in the front yard a there's a

289
00:26:19,279 --> 00:26:28,880
um stipulation to where the front yard
can be allowed if it's canopy solar. So

290
00:26:26,559 --> 00:26:33,679
covering their parking lots.
>> Um so that's just allowed. It would be

291
00:26:31,200 --> 00:26:40,240
as if their front yard is grass and they
want to put solar in there.

292
00:26:37,679 --> 00:26:45,360
Does it make then they have to go what
we're proposing they would have to ask

293
00:26:42,159 --> 00:26:49,000
the tech review to allow that
>> to go in there.

294
00:26:53,600 --> 00:26:57,000
» Oh, is it?

295
00:27:01,120 --> 00:27:06,840
» I thought I got rid of them all. I
didn't.

296
00:27:08,480 --> 00:27:16,200
You see it?
>> I see it.

297
00:27:11,279 --> 00:27:16,200
» Yeah. I thought I got them all.

298
00:27:26,640 --> 00:27:32,039
I guess where I'm at on this is

299
00:27:35,279 --> 00:27:45,440
I think the tech review committee has to
have some sort of criteria for approving

300
00:27:40,799 --> 00:27:51,520
or denying to where we're not
put in a position where it seems like

301
00:27:47,520 --> 00:27:57,039
we're making random decisions.
>> I don't have a suggestion for that

302
00:27:53,600 --> 00:28:01,760
language yet. Well, we've talked about
um that was actually talked about that

303
00:27:59,120 --> 00:28:07,120
before this came up going through that
ordinance and providing that criteria

304
00:28:04,320 --> 00:28:12,399
for those decisions since there are
decisions already that are permitted by

305
00:28:09,360 --> 00:28:18,320
tech review um for percentage and stuff
like that. Um

306
00:28:15,679 --> 00:28:23,159
because we wanted more
criteria set for even making those

307
00:28:20,159 --> 00:28:23,159
decisions.

308
00:28:23,520 --> 00:28:32,679
I'm okay with leaving it in there, but I
think we need to work on that part

309
00:28:29,679 --> 00:28:32,679
» next.

310
00:28:33,840 --> 00:28:43,760
» I apologize. Um,
>> no, it's my fault. I I can't hear most

311
00:28:39,360 --> 00:28:48,799
of the time. So, um, too many loud
noises when I was younger. I guess uh we

312
00:28:46,880 --> 00:28:53,919
were discussing or what I was trying to
convey to Nicole was that uh if it's

313
00:28:52,320 --> 00:29:00,799
left up to the technical review
committee to approve uh

314
00:28:58,320 --> 00:29:07,120
not necessarily a variance but a a use
in a front yard where uh

315
00:29:05,360 --> 00:29:13,039
I thought that the technical review
committee should have criteria to judge

316
00:29:10,000 --> 00:29:17,600
projects by so it doesn't seem like
we're making decisions randomly. family.

317
00:29:15,440 --> 00:29:21,360
And I I say it that way because I'm on
the technical review committee, so I'm

318
00:29:19,840 --> 00:29:26,159
one of the people making these
decisions.

319
00:29:22,960 --> 00:29:30,080
And Nicole agreed,
but we'll have to address that criteria

320
00:29:29,039 --> 00:29:36,159
later.
>> And it's been a conversation we've had

321
00:29:32,399 --> 00:29:42,480
prior to. So, the technical review
committee already does have the ability

322
00:29:38,080 --> 00:29:49,919
to make certain um decisions as far as a
25% reduction in landscaping, a 20%

323
00:29:46,240 --> 00:29:55,520
reduction in um
driveway spacing. Um so, there are other

324
00:29:53,840 --> 00:30:01,679
ones and we had already talked about
criteria to make those decisions as

325
00:29:57,919 --> 00:30:07,039
well. Um so, I and I agree with that. Um
because we talked about that before that

326
00:30:03,600 --> 00:30:09,120
we wanted to do that. So um
>> Nicole

327
00:30:07,760 --> 00:30:16,559
» yes
>> is there any

328
00:30:12,559 --> 00:30:21,840
what board does a
existing business who

329
00:30:19,520 --> 00:30:26,559
wants to switch from
open detention to an underground

330
00:30:23,440 --> 00:30:31,679
detention system and rip up their
parking lot

331
00:30:29,039 --> 00:30:36,159
and pave over let's say their existing
open ditch detention facility. Does that

332
00:30:34,399 --> 00:30:40,880
go to tech review? Does that come
>> It would go under um depending on the

333
00:30:38,880 --> 00:30:46,240
size which I would deem that as because
it's above the utility. That would be

334
00:30:43,039 --> 00:30:50,640
deemed it would be deemed a major site
plan permitting process that goes before

335
00:30:48,640 --> 00:30:53,600
the technical review committee
>> um to take a look at all those changes

336
00:30:52,720 --> 00:30:57,600
and whether it's still
>> that's about the most similar thing I

337
00:30:55,600 --> 00:31:00,159
can think
>> still make sure that they're still

338
00:30:58,720 --> 00:31:05,520
meeting the requirements of the
detention that they're not just taking

339
00:31:01,840 --> 00:31:10,960
it down to lower the storage capacity.
>> So there's your criteria. We still have

340
00:31:07,279 --> 00:31:15,240
to meet the outflow the the detention
systems and all of that. Okay.

341
00:31:29,600 --> 00:31:33,320
All right. So,

342
00:31:36,159 --> 00:31:43,480
moving on.
Um, one of the This is where um,

343
00:31:46,320 --> 00:31:54,240
uh, the comment was to eliminate for the
maximum coverage.

344
00:31:52,559 --> 00:31:57,679
Um,
already in a zoned area where it would

345
00:31:55,919 --> 00:32:03,840
be acceptable to have more condensed
solar protection on the um, I think I

346
00:32:01,279 --> 00:32:10,279
spelled that word wrong. zoned areas to
protect residential and agricultural.

347
00:32:07,279 --> 00:32:10,279
Um

348
00:32:10,960 --> 00:32:18,720
so this is just a coverage the
percentage the same um as the small

349
00:32:17,039 --> 00:32:24,799
scale just for the industrial and
commercial.

350
00:32:20,240 --> 00:32:30,159
Um whether or not that stays in there or
is removed and doesn't have any coverage

351
00:32:27,919 --> 00:32:35,440
percentage.
Um, so it' be up to the board um if you

352
00:32:33,679 --> 00:32:38,440
see any pros or cons one way or the
other

353
00:33:26,880 --> 00:33:30,919
Does anybody have any

354
00:33:32,880 --> 00:33:41,600
one way or the other.
>> I guess without being able to envision a

355
00:33:38,559 --> 00:33:46,399
project, it's really hard to make a
decision on this. I mean, I don't know

356
00:33:45,120 --> 00:33:49,399
what this looks like.
>> Mhm.

357
00:33:51,840 --> 00:33:54,840
Anyone

358
00:33:57,600 --> 00:34:00,600
else?

359
00:34:02,559 --> 00:34:10,639
» Um, what? So, really what I mean,
ordinance wise, what it would look like

360
00:34:07,279 --> 00:34:15,679
is if it's it's if it stays in there,
there's just a percentage of what they

361
00:34:12,079 --> 00:34:20,720
can cover their ground with. If it's not
in there, then it doesn't matter what

362
00:34:17,760 --> 00:34:25,200
percentage their ground is covered. Um,
and I guess the theory is that they're

363
00:34:22,720 --> 00:34:31,800
landscaping buffer areas that would be
protecting the residential agricultural

364
00:34:27,599 --> 00:34:31,800
districts that it abuts to.

365
00:34:46,079 --> 00:34:53,359
» Yeah. The intent, our intent was you're
already putting this is an business or

366
00:34:50,560 --> 00:34:58,560
industrial area, let them put as much as
they can as long as they do all the

367
00:34:56,240 --> 00:35:03,920
other setbacks and requirements because
it's it is an industrial area. We're not

368
00:35:02,160 --> 00:35:10,400
we're not out in an egg area. We're not
there, you know, as long as we protect

369
00:35:05,680 --> 00:35:14,720
the the end zones of that zoning, let
them put as much as they can and not

370
00:35:12,800 --> 00:35:18,560
restrict them when it isn't already an
industrial area. What would you do in

371
00:35:16,720 --> 00:35:24,160
the case where someone came in to do a
variance of use

372
00:35:20,880 --> 00:35:31,000
in an agricultural district?
>> Then well that's in a different area

373
00:35:27,839 --> 00:35:31,000
the same

374
00:35:33,040 --> 00:35:39,839
buffers and setbacks then
>> the buffer and the setbacks typically

375
00:35:37,760 --> 00:35:45,040
when it goes before PZA it's using the
same buffers and setbacks. It's just now

376
00:35:43,040 --> 00:35:49,240
they haven't added
coverage to base that on

377
00:35:54,480 --> 00:36:05,440
beed that it must be a zoned area not
>> so that it stays where it's industrial

378
00:36:03,280 --> 00:36:10,760
not chang
what you want to do if they do request a

379
00:36:07,760 --> 00:36:10,760
change

380
00:36:11,040 --> 00:36:14,599
» what is the requirement.

381
00:36:27,280 --> 00:36:33,680
» So I understand what if it's already
zoned that but if it's reszoned or if

382
00:36:31,760 --> 00:36:37,760
it's a conditional use or variance of
use

383
00:36:35,520 --> 00:36:43,720
then you have to take those into
consideration too. So it's not just a

384
00:36:40,720 --> 00:36:43,720
zone.

385
00:36:45,200 --> 00:36:49,000
So if I can give an example

386
00:36:49,119 --> 00:36:54,680
of
um

387
00:36:58,960 --> 00:37:07,440
come in for conditional use.
Um

388
00:37:04,960 --> 00:37:13,280
we have had storage units come in before
for conditional use or variance of use.

389
00:37:10,800 --> 00:37:17,440
So at that point then
there's not an additional standard. So

390
00:37:15,359 --> 00:37:24,800
if it was the same with the solar or
commercial business they wanted so they

391
00:37:20,560 --> 00:37:28,000
wanted the storage facility wanted solar
because they don't want to pay the

392
00:37:26,400 --> 00:37:32,480
company to run this for their security
lights.

393
00:37:29,599 --> 00:37:37,920
At what point do you say
how much coverage that that's where

394
00:37:35,200 --> 00:37:45,960
» the instance would be not necessarily
being an industrial district or district

395
00:37:41,440 --> 00:37:45,960
» but they came to PBA for it.

396
00:37:51,440 --> 00:37:59,359
» So that's where the coverage comes into
play. Then they can always go to BA

397
00:37:55,599 --> 00:38:04,760
asker to ask for more.
because then it covers all your um

398
00:38:01,760 --> 00:38:04,760
examples.

399
00:38:07,440 --> 00:38:15,040
» Can we do something there, Nicole, to
try to drive them if they're doing that

400
00:38:12,240 --> 00:38:19,440
to put their solar either on the
building or above the parking lot and

401
00:38:17,520 --> 00:38:24,800
make that path easier? And then anything
that is solar to be installed over

402
00:38:22,640 --> 00:38:30,640
existing grass or whatever otherwise
then that's that's another process or or

403
00:38:28,240 --> 00:38:34,800
a more stringent process
>> I think depend on the use because so a

404
00:38:33,760 --> 00:38:39,280
Walmart
>> just as an as a Walmart I could see

405
00:38:37,440 --> 00:38:43,839
possibly having enough because our
parking requirements are so

406
00:38:41,440 --> 00:38:46,560
» heavy that I could see them having
enough with their building and their

407
00:38:45,359 --> 00:38:51,839
parking where they wouldn't need
additional ground to do anything with

408
00:38:48,800 --> 00:38:59,079
solar. But if you have a warehouse or
something that you don't have the maybe

409
00:38:54,800 --> 00:38:59,079
you only have 50 employees,

410
00:38:59,359 --> 00:39:05,200
are you going to have, you know,
>> Yeah. Is there enough ground?

411
00:39:02,480 --> 00:39:08,079
» Is there enough ground or do they need
more ground to be able to run it because

412
00:39:06,880 --> 00:39:12,119
they don't have enough parking area
because they don't need that much

413
00:39:09,119 --> 00:39:12,119
parking?

414
00:39:13,760 --> 00:39:19,680
» Yeah. I mean, there's a million
scenarios. I'm just thinking if you

415
00:39:17,280 --> 00:39:23,200
drive it towards put it over your
parking or your building and here's easy

416
00:39:21,839 --> 00:39:26,160
path A
>> and if you want to put it in the grass

417
00:39:25,440 --> 00:39:29,920
and do
>> well so the one of the things that is in

418
00:39:27,920 --> 00:39:33,760
here is that the coverage so if it's in
the ground there's coverage and we have

419
00:39:31,920 --> 00:39:39,359
a certain percentage of how it was
ranged but if they for the setbacks and

420
00:39:36,640 --> 00:39:45,040
if they did um the canopy style over
parking they can do um 100% over that

421
00:39:42,880 --> 00:39:50,160
hard surface. So that's more of an
incentive to do that area than go off

422
00:39:48,000 --> 00:39:51,680
and have to buy more ground and have to
deal with a percentage.

423
00:39:51,359 --> 00:39:56,000
» Sure.
>> So that's kind of what the idea was

424
00:39:53,520 --> 00:39:59,839
behind the 100% because then it leans
them more towards that than having to

425
00:39:57,680 --> 00:40:02,079
pay for more ground.
>> Okay.

426
00:40:00,400 --> 00:40:04,800
» That they wouldn't be able to use it at
100%.

427
00:40:02,960 --> 00:40:09,800
» Yeah.
>> Because we cap the percentage of

428
00:40:06,800 --> 00:40:09,800
coverage.

429
00:40:18,880 --> 00:40:24,720
We can leave it in there for now and
then just think or

430
00:40:22,240 --> 00:40:30,160
» I'm thinking you a rear yard for the
most part is not going to be seen.

431
00:40:27,440 --> 00:40:36,240
I I don't necessarily feel that we have
to have a cap in the rear yard per se.

432
00:40:33,200 --> 00:40:42,079
» Mhm. Um,
I think it would make more sense if we

433
00:40:38,720 --> 00:40:48,640
were going to have a cap to maybe have
something in the side or the front

434
00:40:45,040 --> 00:40:54,480
to to discourage them from putting solar
in front or or maybe trying to keep it

435
00:40:51,359 --> 00:41:01,839
back along the sides.
maybe word it as there's a not a

436
00:40:57,440 --> 00:41:04,720
percentage for rear but a percentage for
um

437
00:41:04,240 --> 00:41:08,240
» side
>> side

438
00:41:06,240 --> 00:41:11,280
» and a higher percentage for front. I
>> yeah that I I would think that

439
00:41:09,839 --> 00:41:15,680
» I mean we're trying to keep it away from
front that's why it's not really

440
00:41:13,040 --> 00:41:20,240
» but it's they would have to prove why
they need it in front

441
00:41:17,680 --> 00:41:27,960
» but we can always put that in for as a
standard for the tech review to look at

442
00:41:23,040 --> 00:41:27,960
if permitted by tech review. This is the

443
00:41:28,240 --> 00:41:35,119
coverage for front
that

444
00:41:34,319 --> 00:41:39,040
» sounds good.
>> Yeah. Okay.

445
00:41:35,760 --> 00:41:39,040
» I think so. Yes.

446
00:42:19,040 --> 00:42:27,079
Okay.
So, number five, um,

447
00:42:28,800 --> 00:42:39,079
uh, it was just a wording thing. Um
number six um screening

448
00:42:36,079 --> 00:42:39,079
um

449
00:42:43,839 --> 00:42:50,319
um I have to look at their specific
comments. Um just says rules for

450
00:42:48,240 --> 00:42:57,040
screening especially when it's buffers
up to a and residential. Um this is the

451
00:42:54,480 --> 00:43:01,520
reason why we've uh mentioned article 22
is the that's the article for the

452
00:42:59,359 --> 00:43:04,800
required landscaping buffers against
aggre

453
00:43:03,040 --> 00:43:10,960
um and residential.
>> Um so that would they have a buffer with

454
00:43:07,680 --> 00:43:15,040
and the landscaping requirement. Um so
that's why it didn't go into details

455
00:43:12,400 --> 00:43:20,240
because it was using that as the
requirement.

456
00:43:16,560 --> 00:43:25,359
I think it just so people are aware that
when commercial uses adjoin an egg or

457
00:43:23,280 --> 00:43:30,000
residential area, there's an increased
buffer yard requirement. That's why

458
00:43:27,920 --> 00:43:34,640
she's referring back to article 22
because it's already stated in there.

459
00:43:32,079 --> 00:43:39,760
» Screening for res.
>> This would be screening in particular

460
00:43:36,480 --> 00:43:45,280
for a large scale solar.
>> Large scale. Mhm. So, we would revert

461
00:43:41,760 --> 00:43:48,880
back to um as the you like if it's
commercial or industrial.

462
00:43:46,640 --> 00:43:52,000
» Can you tell me how how high the burm
would be?

463
00:43:50,560 --> 00:43:56,319
» No, that's if they want to put in a
burm. They don't have to put in a burm.

464
00:43:54,240 --> 00:44:00,960
So, berms are So, you can do burming,
fencing to reduce your size. You could

465
00:43:58,480 --> 00:44:08,640
do burming, fencing,
contigu continuous hedge

466
00:44:05,200 --> 00:44:11,599
» when you want to put in a burm for the
aesthetics.

467
00:44:12,319 --> 00:44:18,480
We were doing that for not util not
commercial solar farms. The system

468
00:44:17,520 --> 00:44:22,480
» commercials.
>> Well, I'm talking like commercial or

469
00:44:20,240 --> 00:44:24,560
industrial for their per own.
>> Oh, okay.

470
00:44:23,119 --> 00:44:27,280
» Yeah. Their own use only.
>> All right.

471
00:44:25,040 --> 00:44:30,560
» Not to the grid.
>> So like if it was Walmart and they

472
00:44:29,119 --> 00:44:35,040
wanted some solar, they would have to
follow whatever buffering they are

473
00:44:33,280 --> 00:44:42,000
against the zoning district for the
screening.

474
00:44:37,599 --> 00:44:45,000
» Is everybody comfortable with that? Yep.
Um

475
00:44:50,480 --> 00:44:58,319
number 12. Um so they asked why the
battery storage um would it be better to

476
00:44:55,760 --> 00:45:04,000
put it in a best ordinance? So at this
time I've put um as far as battery

477
00:45:01,440 --> 00:45:08,960
storage that it pertains to the solar
only um being permitted. That way

478
00:45:06,319 --> 00:45:13,680
there's an ordinance in place. So if the
solar ordinance gets approved first that

479
00:45:12,240 --> 00:45:19,200
there is something in there to protect
us until a best ordinance gets approved.

480
00:45:17,200 --> 00:45:25,599
Um and at that decision when we are
creating the best ordinance if we are

481
00:45:23,280 --> 00:45:31,599
including stuff related to solar it can
always come out later so that there's

482
00:45:27,520 --> 00:45:38,000
not two locations but this was to cover
battery storage only used for solar use

483
00:45:34,720 --> 00:45:41,000
and not battery storage standalone
projects.

484
00:45:41,119 --> 00:45:49,760
So that's why it's in there now
to protect if the ordinance gets

485
00:45:45,839 --> 00:45:53,280
approved before Bess that we're not we
don't have a loophole in between time

486
00:45:52,079 --> 00:45:58,079
frames.
>> But this is also only battery storage

487
00:45:55,520 --> 00:46:02,560
for this particular use. So this would
be in our Walmart scenario. This would

488
00:46:00,560 --> 00:46:08,400
just be
>> battery storage for their use.

489
00:46:05,200 --> 00:46:12,400
» It wouldn't be a place for them to store
electric and sell it off.

490
00:46:09,920 --> 00:46:12,400
» No.

491
00:46:13,920 --> 00:46:19,920
But there just to answer that there why
that we had it in there there that was

492
00:46:17,599 --> 00:46:23,599
the reason why it was in there. Um if
everybody's comfortable to keep it in

493
00:46:21,440 --> 00:46:30,800
there. Um then number 13 the
abandonment. Um

494
00:46:27,599 --> 00:46:36,640
on this one um whether or not it be um
used um I understand what they're saying

495
00:46:33,520 --> 00:46:43,760
as far as the um time frame required
time frame. It's not um spelled out

496
00:46:40,800 --> 00:46:49,000
completely. Um but this also could be
used under the unsafe building ordinance

497
00:46:45,839 --> 00:46:49,000
as well.

498
00:46:51,440 --> 00:47:00,280
Is everybody still comfortable with that
ordinance under commercial or industrial

499
00:46:57,280 --> 00:47:00,280
business?

500
00:47:00,720 --> 00:47:08,560
» Yes.
>> Okay. Nicole, how does the unsafe

501
00:47:05,200 --> 00:47:13,480
building ordinance address
when the official time is declared

502
00:47:10,480 --> 00:47:13,480
abandoned?

503
00:47:13,760 --> 00:47:19,280
» It doesn't. It's just a question of
whether or not the the building, the

504
00:47:17,200 --> 00:47:23,160
structure, the premises is unsafe in the
building commissioner's determination.

505
00:47:27,280 --> 00:47:33,040
So if it's not being maintained or looks
like it's not being maintained or in the

506
00:47:30,800 --> 00:47:37,920
case that people said tornado comes
through and that's destructive and we

507
00:47:35,680 --> 00:47:40,400
don't see action it would be an unsafe
building order

508
00:47:38,560 --> 00:47:43,400
» and that's when the time clock starts.
Gotcha.

509
00:47:44,079 --> 00:47:49,680
Most of those are even the ones we've
done. Most of those the time clock

510
00:47:47,520 --> 00:47:56,800
starts when a complaint comes in or if
it's noticeable or um

511
00:47:54,720 --> 00:48:02,560
» yeah or ones we've seen or
>> depends on how the first one the first

512
00:47:58,720 --> 00:48:08,240
one did take a little longer than um we
thought it was the first one we did in

513
00:48:05,200 --> 00:48:12,800
the county fall down.
>> Yeah, it fell straight down first.

514
00:48:11,200 --> 00:48:16,240
Yeah, the pumpkin house
>> or what we called it anyway. Um in

515
00:48:15,040 --> 00:48:19,680
Manchester.
>> Okay.

516
00:48:17,440 --> 00:48:27,119
» Um that was the first one that we did
for unsafe building order. Um

517
00:48:23,599 --> 00:48:32,640
so it works. It's taken down just then
after the grass whoever maintains the

518
00:48:29,040 --> 00:48:37,920
lot the grass can still go um
out of whack. But we don't have a grass

519
00:48:35,040 --> 00:48:41,040
ordinance. So, but the structure and
everything with it would be gone

520
00:48:39,760 --> 00:48:44,400
following that process.
>> Okay.

521
00:48:42,480 --> 00:48:49,040
» We had a question that might pertain to
this on a later one.

522
00:48:46,559 --> 00:48:53,040
» If a solar system, we're talking Walmart
has a large field, a systems live. They

523
00:48:51,280 --> 00:48:58,160
abandon the building, but that solar
still producing electricity. Do we have

524
00:48:55,440 --> 00:49:03,920
something that requires a disconnect to
a building so that that building isn't

525
00:49:01,599 --> 00:49:10,000
» We do the build the building ordinance
does. So for Yes. So it would have to be

526
00:49:07,040 --> 00:49:14,640
the meter is still on to be
>> taking that in. So that there's still

527
00:49:11,839 --> 00:49:24,240
electrical component to that. So Bill
can put into um do your

528
00:49:18,960 --> 00:49:28,079
uh removal of um the meter. Okay. So
it's usually something that we I mean

529
00:49:26,240 --> 00:49:32,400
that's one thing that's majorly checked
even when we're doing the unsafe

530
00:49:29,200 --> 00:49:37,280
building order um is whether that meter
is still on. But Usually that first

531
00:49:34,800 --> 00:49:40,160
phone call goes to Duke or RMC to see if
electric is still on even before we

532
00:49:39,200 --> 00:49:43,440
start the process.
>> Okay. I didn't know if solar has some

533
00:49:41,920 --> 00:49:45,680
other sort of disconnect other than a
meter.

534
00:49:44,480 --> 00:49:50,079
» Um
>> since it's maybe it's being pumped right

535
00:49:47,680 --> 00:49:53,839
in put right into the building.
>> That would be the I mean the meter.

536
00:49:52,240 --> 00:49:59,040
Yeah. I mean they'd have to still have
electric on

537
00:49:56,880 --> 00:50:02,960
it be running constantly.
>> That's why I mean can the solar be go

538
00:50:01,040 --> 00:50:06,240
around the meter and still be live in
the

539
00:50:04,319 --> 00:50:10,079
I have no idea.
>> That's why we we had questions. Should

540
00:50:08,079 --> 00:50:12,800
that be some sort of requirement? If
somebody leaves a building and leaves a

541
00:50:11,680 --> 00:50:14,559
solar field, should there be a
requirement?

542
00:50:13,200 --> 00:50:19,040
» It still could be a requirement under
the unsafe if the building's abandoned.

543
00:50:17,599 --> 00:50:20,960
That could be an automatic unsafe
building.

544
00:50:19,680 --> 00:50:24,559
» But I mean, if we didn't put a
requirement for a disconnect in the

545
00:50:23,119 --> 00:50:28,640
ordinance,
>> do we need it? I think what he's saying

546
00:50:26,160 --> 00:50:33,680
is so it's a situation where say a
business closes that has solar but it's

547
00:50:31,839 --> 00:50:37,760
not necessarily unsafe
>> but nobody's occupying the the building

548
00:50:35,680 --> 00:50:44,640
currently because the business closed.
Is there some requirement that should

549
00:50:39,839 --> 00:50:49,119
the structure be um vacated that the
solar be cut off until such time?

550
00:50:47,440 --> 00:50:56,240
» So then it would be then it would be
maybe not abandonment but an additional

551
00:50:51,280 --> 00:50:59,200
ordinance of vacated or vacant property.
I can see vacant.

552
00:50:58,000 --> 00:51:03,680
» Yes.
>> Yeah. Different words.

553
00:51:00,240 --> 00:51:07,119
» Yes. So we I could put a separate line
item for vacant structures.

554
00:51:05,680 --> 00:51:11,599
» Yeah. That was just our thought. So the
fire department and fire happens and

555
00:51:09,200 --> 00:51:13,280
they know the solar be disconnected from
that.

556
00:51:11,920 --> 00:51:16,960
» No, I could put something in there for
vacant. But it be

557
00:51:15,520 --> 00:51:21,119
» we addressed it somewhere else. We
didn't I think we missed that thought

558
00:51:18,880 --> 00:51:24,559
here. We weren't thinking of a wall.
Yeah.

559
00:51:21,839 --> 00:51:27,200
» No, I Yeah. Yeah. We can put vacant
building that it would have to be

560
00:51:26,000 --> 00:51:30,640
disconnected
>> and then it would be in second building.

561
00:51:29,280 --> 00:51:33,040
» That's kind of what I was trying to get
to.

562
00:51:31,760 --> 00:51:37,680
» Okay.
>> Yeah. No, but the abandonment as far as

563
00:51:35,280 --> 00:51:41,280
that to me that's unsafe. We would to me
it would be more unsafe because it would

564
00:51:39,119 --> 00:51:45,520
be abandoned but the vacant building
>> the panels contain

565
00:51:43,440 --> 00:51:49,520
certain chemicals or
>> such that could pose a problem.

566
00:51:48,160 --> 00:51:53,280
» Lead.
>> Yeah. But if it's abandoned, if it's

567
00:51:51,200 --> 00:51:57,359
vacant and they're still selling it,
what we would do is the abandonment part

568
00:51:55,200 --> 00:52:00,480
would go under the unsafe building. The
vacant I I could see adding that to

569
00:51:59,359 --> 00:52:06,800
where they would have to turn it off
until they found.

570
00:52:03,839 --> 00:52:10,800
But I mean, it's whether or not it just
because it's abandoned doesn't mean you

571
00:52:08,319 --> 00:52:14,079
want to shut off everything
um

572
00:52:12,640 --> 00:52:20,079
if they're trying to sell it and it's
just abandoned or vacant. So I think

573
00:52:17,440 --> 00:52:24,880
that maybe a time frame on well just for
instance so the you know schools when

574
00:52:22,400 --> 00:52:27,200
they shut them down or they discontinued
they still have to keep them

575
00:52:26,640 --> 00:52:31,520
» two years
>> for two years. So they still have to

576
00:52:29,040 --> 00:52:37,359
keep the electric on even though it's
vacant.

577
00:52:33,359 --> 00:52:42,400
Um, so whether or not we would say in
that situation,

578
00:52:39,359 --> 00:52:47,440
um, could it that's what I'm thinking of
is if I vacate a business of mine, but I

579
00:52:45,760 --> 00:52:52,119
still want to sell it, doesn't mean that
I want them off to keep it on.

580
00:52:52,800 --> 00:53:00,240
I'll look at some stuff to see as far as
putting it on there. The unsafe building

581
00:52:58,000 --> 00:53:05,760
would be as if there was damage and it's
truly unsafe that it needs to be taken

582
00:53:02,000 --> 00:53:10,040
down. But if it's vacant
and they have no other power source,

583
00:53:15,680 --> 00:53:20,160
» we're just talking that it's vacant and
no one's doing anything with it. Someone

584
00:53:18,800 --> 00:53:24,319
still owns the building and they're
still actively trying to sell it.

585
00:53:22,480 --> 00:53:27,200
» They're trying to sell it or Yeah.
>> Yeah. I mean, as long as someone's

586
00:53:25,680 --> 00:53:30,960
keeping an eye on things, I don't see
that it's a problem. It's when the storm

587
00:53:29,359 --> 00:53:33,119
hits it and obliterates it and it needs
cleaned up,

588
00:53:31,520 --> 00:53:34,000
» then that's unsafe building order right
away.

589
00:53:33,680 --> 00:53:37,760
» So,
>> if they're not cleaning it up,

590
00:53:35,680 --> 00:53:41,200
» Yeah. So, Walmart goes out of business
and they're sitting there waiting to be

591
00:53:38,960 --> 00:53:44,559
bought out by
>> the next Kroger or whatever, there's no

592
00:53:43,280 --> 00:53:50,440
» They're not going to want to turn it off
anyway because they're going to want

593
00:53:46,240 --> 00:53:50,440
some of it to be used anyway.

594
00:53:57,760 --> 00:54:02,880
put some thoughts into it. I think
because I think there's different

595
00:54:00,720 --> 00:54:06,319
scenarios that I could see, but then I
could revert back to unsafe building,

596
00:54:04,720 --> 00:54:10,800
but then there's scenarios I see where
it's vacant, but it's only vacant

597
00:54:08,240 --> 00:54:17,119
because they're trying to sell it.
Um, and they still need that usage to

598
00:54:15,760 --> 00:54:20,119
so the building doesn't go into
disrepair.

599
00:54:20,160 --> 00:54:23,160
Um,

600
00:54:27,200 --> 00:54:34,880
And then on this um the only other
comment

601
00:54:32,240 --> 00:54:44,319
um
for this one is um MS4 coordinator um

602
00:54:40,000 --> 00:54:50,640
looking at this um just to add a blurp
in there on uh drainage

603
00:54:47,520 --> 00:54:57,200
um and reverberating back to the NS4
um technical standards. Um, so we were

604
00:54:54,319 --> 00:55:02,319
going to add that in there. Um, just so
it's not missed, even though it might be

605
00:54:59,440 --> 00:55:06,880
in with the major site plan
process. Uh, we're going to put it in

606
00:55:04,720 --> 00:55:11,599
here just to double check, but just it's
going to be a couple sentences to

607
00:55:09,119 --> 00:55:15,760
describe reverting back to the MS4
technical standards for the

608
00:55:13,520 --> 00:55:22,240
requirements, not go into specifics to
double do the list.

609
00:55:19,920 --> 00:55:30,319
Um
so 1920 we have gone over 1920

610
00:55:26,880 --> 00:55:37,440
um at a previous meeting. Um we had one
comment um the notification for project

611
00:55:33,359 --> 00:55:42,760
would be within um meet within a mile
not 500 ft.

612
00:55:39,760 --> 00:55:42,760
Um,

613
00:55:43,280 --> 00:55:46,280
so

614
00:55:46,400 --> 00:55:53,119
um,
what we've done, and I know this was a

615
00:55:50,240 --> 00:55:57,920
question that didn't get in there, um,
as far as the 500 foot standard of

616
00:55:56,160 --> 00:56:03,359
notification,
um, that came from the max that we have

617
00:56:00,799 --> 00:56:09,839
notification is a reszone, which is 500
ft. Uh so for conditional use for these

618
00:56:07,119 --> 00:56:19,040
types of projects, I stuck with the 500
ft instead of the um regular notice for

619
00:56:14,799 --> 00:56:25,119
um a conditional use is just a joiners.
>> So I bumped it up to match a reszone.

620
00:56:22,799 --> 00:56:28,640
Um so that's where that 500 ft comes
from. Um I don't know.

621
00:56:26,960 --> 00:56:30,720
» So does that match our current most
restrictive requirement then?

622
00:56:30,319 --> 00:56:34,480
» Yes.
>> Okay.

623
00:56:31,839 --> 00:56:39,119
Um, and I the the only other thing that
I was going to add just because I was

624
00:56:37,119 --> 00:56:45,280
double-checking
um the state ordinance on BZA related

625
00:56:42,640 --> 00:56:52,400
items or plant commission related items
was the um

626
00:56:48,799 --> 00:56:59,839
notification if it um abuts a county
line then you go have to go two

627
00:56:55,520 --> 00:57:04,799
properties over um within that county. I
was going to add a blurp on that um just

628
00:57:03,200 --> 00:57:09,240
to make sure we're matching with the
state standard task on there.

629
00:57:10,000 --> 00:57:15,480
Um
because that

630
00:57:17,200 --> 00:57:20,599
was in there.

631
00:57:23,920 --> 00:57:32,200
So does anybody have anything additional
on the conditional use requirements as

632
00:57:28,000 --> 00:57:32,200
we had gone over them before?

633
00:57:34,559 --> 00:57:42,799
Okay.
and we'll move on. Um out of those, so

634
00:57:40,160 --> 00:57:48,240
we've gone through
um one, two,

635
00:57:45,839 --> 00:57:54,040
basically three.
Did you want to stop for public comment

636
00:57:50,079 --> 00:57:54,040
or do you want to keep going?

637
00:57:55,920 --> 00:58:04,559
» So, we've been all the way through.
>> We would be starting 1925 right now,

638
00:58:00,319 --> 00:58:09,599
which would be community solar projects.
We can take comments on the first the

639
00:58:07,839 --> 00:58:15,040
three sections that we've covered this
even

640
00:58:12,240 --> 00:58:20,000
» I did have one thing Nicole and and I'm
not sure what section or if it makes it

641
00:58:18,000 --> 00:58:26,559
in there at all or just something to
suggest. Um, since any kind of community

642
00:58:24,400 --> 00:58:30,799
utility scale solar project, we'd be
dealing with an outside entity, not

643
00:58:28,319 --> 00:58:36,319
someone or not a company likely from
Dearborn County, but some entity

644
00:58:32,480 --> 00:58:41,119
outside. Is there any is there a place
or is there a reason to have something

645
00:58:39,040 --> 00:58:48,799
in the ordinance that states that if
there is an open enforcement case

646
00:58:43,119 --> 00:58:52,880
against XYZ company that their other any
other projects that they're trying to

647
00:58:50,240 --> 00:58:57,280
push through are kind of on hold? Is
there anything that we do like that

648
00:58:54,400 --> 00:59:01,680
where we're we've got maybe a bad actor
not trying to put someone that's

649
00:58:58,880 --> 00:59:05,440
behaving properly and playing ball. let
them do their thing. If they want to

650
00:59:02,880 --> 00:59:09,440
make 10 of them within the limits of the
ordinance, fine, but if we have someone

651
00:59:07,200 --> 00:59:13,520
that's obviously not wanting to play
ball, is there and maybe Andy, you can

652
00:59:12,079 --> 00:59:17,520
» So, we do have it to where we don't
allow permitting for a person that's

653
00:59:15,440 --> 00:59:21,680
currently in violation on their the same
property. I think we've asked about

654
00:59:19,920 --> 00:59:24,480
doing different properties because we've
had people be in violation.

655
00:59:24,079 --> 00:59:29,599
» Sure.
>> Over here and over here, but right here,

656
00:59:26,799 --> 00:59:32,799
they want another permit. We know
they're not going to do what they're

657
00:59:30,720 --> 00:59:35,040
supposed to do. I don't believe we can
do that.

658
00:59:33,520 --> 00:59:40,559
» Okay. I was just asking because I
>> But if it's on the same parcel, we can.

659
00:59:38,400 --> 00:59:46,000
» Okay.
>> They're they're currently in violation.

660
00:59:43,200 --> 00:59:51,599
» Okay. So, it's basically on a by
property basis. You can't even if

661
00:59:49,280 --> 00:59:57,119
they're being knuckleheads consistently,
you can't throw the bra.

662
00:59:54,640 --> 01:00:01,359
No, I'm just saying if if you have XYZ,
I'm not throwing any particular company

663
00:59:59,040 --> 01:00:06,079
under the bus. I'm saying if you have
three solar companies come in and two of

664
01:00:03,359 --> 01:00:08,480
them behave and they do their thing and
they follow the ordinance and

665
01:00:07,200 --> 01:00:12,720
everything's great and you got one of
them that is just constantly becoming a

666
01:00:11,119 --> 01:00:17,760
problem. Is there something that says,
"Look, we're not doing any more of these

667
01:00:15,119 --> 01:00:21,920
until you guys get
in line with everybody else." And

668
01:00:21,599 --> 01:00:27,520
you know,
>> for the community part or for any of it,

669
01:00:24,880 --> 01:00:32,720
» I'm just saying when you get to the I
>> for the community for the larger scale

670
01:00:30,640 --> 01:00:36,160
» large scale, I think it would be um
you're going to be going after the

671
01:00:34,000 --> 01:00:40,400
person the property particular property
in general. Um because if they're in

672
01:00:39,040 --> 01:00:43,040
violation, they're in violation and
that's you're going to go after them. If

673
01:00:42,160 --> 01:00:48,960
they're
>> if the same company or same property

674
01:00:45,920 --> 01:00:53,440
owner is doing another business
on a diff different property and they

675
01:00:51,280 --> 01:00:54,640
still we couldn't regulate, we couldn't
stop that.

676
01:00:54,000 --> 01:00:58,559
» Okay. I don't know.
>> As if like their permitting process,

677
01:00:57,040 --> 01:01:04,160
they're showing that they're following
all ducks and it comes to this part of

678
01:01:01,119 --> 01:01:10,240
it. We can't stop that. But if they're
in violation on this property and they

679
01:01:06,880 --> 01:01:14,240
want to say add more, we can say not
until you take care of this violation.

680
01:01:12,799 --> 01:01:18,000
» And I think it's certainly something if
if there was a reason or a conditional

681
01:01:16,319 --> 01:01:20,480
use or a variance, I think it's
certainly something that the plan

682
01:01:19,440 --> 01:01:24,720
commission or the board of zoning
appeals could take into consideration if

683
01:01:22,400 --> 01:01:28,400
those concerns were raised. I think the
issue would be with policing in because

684
01:01:26,559 --> 01:01:31,680
any company, if they're going to do
something on that size of scale, is

685
01:01:30,000 --> 01:01:36,720
going to set up an LLC in the state of
Indiana. They're probably a registered a

686
01:01:34,240 --> 01:01:38,799
agent out of Delaware and you I don't
know that you'd ever be able to track

687
01:01:37,920 --> 01:01:42,559
back who actually
>> so it's hard to draw that line to

688
01:01:40,480 --> 01:01:46,079
whoever the problem I just I've been
involved with some people this is on the

689
01:01:44,079 --> 01:01:49,920
Lawrenceburg side of things where we got
some bad actors that kind of

690
01:01:47,920 --> 01:01:54,079
continuously cause problems with their
project and then when they come in hatin

691
01:01:52,400 --> 01:01:57,280
going oh we want to do this and it's
like they I mean they pretty much got

692
01:01:56,400 --> 01:02:01,680
shut down but
>> we talked to Andy about a contractor

693
01:01:59,040 --> 01:02:06,559
that was not doing the right thing on a
particular construction construction.

694
01:02:03,599 --> 01:02:10,880
Um, and really it what it was is he was
really sticking it to the property owner

695
01:02:08,960 --> 01:02:15,839
» and what they were doing and we were
really struggling on how to stop him

696
01:02:14,160 --> 01:02:21,520
from being in the county because it was
just one after the other.

697
01:02:18,319 --> 01:02:27,440
» Um, and the problem was it was the
property owner that had to pay in the

698
01:02:23,040 --> 01:02:32,240
end and um, but they left anyway. So,
>> okay. I've asked my question. Yeah, it's

699
01:02:30,000 --> 01:02:36,480
really hard when you're talking that
kind, but

700
01:02:33,599 --> 01:02:40,720
» yeah, we deal mainly with they're more
smaller because they're prop, you know,

701
01:02:38,160 --> 01:02:46,400
building some builders, but not all the
time. It's more people that own multiple

702
01:02:43,040 --> 01:02:50,480
properties that are
>> Yeah. Okay.

703
01:02:47,599 --> 01:02:54,880
» Yeah.
>> Anything else before

704
01:02:53,040 --> 01:02:58,920
comments?
No.

705
01:02:55,920 --> 01:02:58,920
» Nope.

706
01:03:18,319 --> 01:03:23,520
I don't know.
>> You all right?

707
01:03:21,039 --> 01:03:29,280
» Yeah.
>> I don't really got to stretch.

708
01:03:26,400 --> 01:03:33,440
Can I have a motion to open public
discussion on section

709
01:03:31,520 --> 01:03:41,720
» I'll second
>> 1910 1915 and 1920. Correct.

710
01:03:38,079 --> 01:03:41,720
» Russell and Eric.

711
01:03:44,640 --> 01:03:53,200
Have a motion by Russell Mer Storeford
to open public discussion on sections

712
01:03:49,680 --> 01:03:56,799
1910, 1915, and 1920.
>> A second by Eric Lang. All in favor?

713
01:03:56,319 --> 01:04:00,319
» I
>> I.

714
01:03:58,079 --> 01:04:05,599
» Any opposed?
Motion carries.

715
01:04:03,680 --> 01:04:10,079
Um,
since this is a little different than a

716
01:04:07,839 --> 01:04:17,319
casebycase thing, I'm just going to ask
folks to raise their hands.

717
01:04:12,559 --> 01:04:17,319
You may come up. Please state your name

718
01:04:21,839 --> 01:04:28,480
» on these.
Hi, I've given you guys all a copy of

719
01:04:25,760 --> 01:04:32,839
this. It has some sources in it
speech so in case you forget anything.

720
01:04:33,839 --> 01:04:37,559
» Thank you.
>> Thank you.

721
01:04:49,839 --> 01:04:55,039
» Hi, my name is Michelle Dudley. I'm a
lifelong man

722
01:04:56,400 --> 01:05:01,839
My name is Michelle Dudley. I'm a
lifelong Manchester resident. Um, and my

723
01:05:00,160 --> 01:05:06,079
speech kind of ties right into the stuff
we're talking about right now. So, I

724
01:05:04,160 --> 01:05:10,240
believe it's very important to write and
comply with appropriate definitions for

725
01:05:08,079 --> 01:05:14,400
all aspects of our solar ordinance,
especially in regard to project sizes

726
01:05:12,000 --> 01:05:18,000
and acreage caps. Um, we're kind of all
at a loss here trying to figure out what

727
01:05:15,920 --> 01:05:21,520
to do, but there's lots of ordinances in
Indiana that have done just this

728
01:05:19,680 --> 01:05:25,359
already. Um, we've sent a lot of copies
of them in. We've spoke about them at

729
01:05:23,200 --> 01:05:28,960
speeches. So, we're not reinventing the
wheel. We can easily pull these

730
01:05:26,880 --> 01:05:33,680
ordinances up and pull some information
from there instead of kind of going back

731
01:05:30,880 --> 01:05:37,760
and forth on opinions. Um, Boone County,
Indiana is considered the gold standard

732
01:05:35,839 --> 01:05:41,599
by some for a protective, thorough
ordinance that adheres to the purpose

733
01:05:39,440 --> 01:05:46,079
and intent of their ordinance, which is
to preser preserve the health, safety,

734
01:05:44,079 --> 01:05:50,160
and general welfare of Boone County
residents and public. The intent of the

735
01:05:48,319 --> 01:05:54,559
article is to guide the development and
operation of energy projects in Boone

736
01:05:52,160 --> 01:05:59,119
County through reasonable standards and
restrictions on the development,

737
01:05:56,559 --> 01:06:02,240
construction, operation, rehabilitation,
decommissioning, and restoration of

738
01:06:00,799 --> 01:06:06,640
energy production and storage
facilities. Um, their ordinance also

739
01:06:04,480 --> 01:06:10,559
lays out very clear definitions for each
component. I won't go over those for

740
01:06:08,319 --> 01:06:14,079
time sake, but I do have in there they
each have a acreage cap. So there's

741
01:06:12,079 --> 01:06:19,280
small, medium, and large, and each has a
megawatt output and an acreage cap per

742
01:06:16,880 --> 01:06:22,079
each one. Uh, by not setting clear
definitions and adhering to them

743
01:06:20,720 --> 01:06:25,520
throughout the ordinance, we've created
a large loophole for a massive scale

744
01:06:24,000 --> 01:06:28,480
data center to be built in conjunction
with the commercial solar. You might be

745
01:06:27,280 --> 01:06:32,880
saying, "What do you mean? I thought we
were talking about solar." We are, but

746
01:06:30,640 --> 01:06:36,720
solar and data centers go hand in hand.
And I have a few examples of that. Um,

747
01:06:35,280 --> 01:06:40,559
the same company that's shoving down
Dearborn's County throats to solar,

748
01:06:38,480 --> 01:06:43,680
Lineia Energy, has recently signed a
deal with Google Data Sitters. We've

749
01:06:42,000 --> 01:06:48,240
talked about that one already, but it is
a 3,500 acre commercial solar plant

750
01:06:46,000 --> 01:06:53,599
built by Lineia. So, just know without a
cap, we could be getting a 3500 acre

751
01:06:51,039 --> 01:06:57,839
facility. Um, Meta is working with Texas
based solar company NG on three

752
01:06:55,520 --> 01:07:02,160
different solar projects that total 2.3
gawatts of energy output. The biggest

753
01:07:00,160 --> 01:07:07,680
project they've ever tackled is 600
megawatt. It's in the works now. Um, all

754
01:07:05,200 --> 01:07:14,799
three of these solar projects are all to
power one mega one uh gill I don't even

755
01:07:12,000 --> 01:07:20,319
know how you say that word. Um, yellow
jello like huge the G one. Sorry, this

756
01:07:18,400 --> 01:07:24,319
is above my stuff, but I'm fighting for
my community. Okay.

757
01:07:22,480 --> 01:07:28,240
» Um, so I just want to remind you that
Meta is made up mainly of social media

758
01:07:26,640 --> 01:07:32,880
apps such as Facebook and Instagram.
It's not anything vital to life like

759
01:07:30,400 --> 01:07:36,400
water and things that are vital to life.
I say all this to prove to naysayers

760
01:07:34,720 --> 01:07:39,599
that don't think solar is being built to
power data centers. All of the

761
01:07:37,839 --> 01:07:43,039
facilities I just listed were for the
purpose of powering data centers. And I

762
01:07:41,599 --> 01:07:46,720
just have one last thing to add. I
recently received reports from someone

763
01:07:44,720 --> 01:07:50,640
in close proximity to the proposed solar
site where Lineia has already built a

764
01:07:48,319 --> 01:07:53,599
driveway on Benning Road. Um they
reported that they had had their

765
01:07:51,839 --> 01:07:57,280
property assessed before solar was even
talked about in Debburn County and they

766
01:07:55,359 --> 01:08:00,480
got a set amount and they have now had
an appraiser come out and assess again

767
01:07:59,119 --> 01:08:06,000
and they told them they are going to
take they're going to lose at least 7500

768
01:08:03,200 --> 01:08:10,559
at least 75,000 to $100,000 on their
property due to being in such close

769
01:08:08,079 --> 01:08:14,799
proximity to a proposed not even built
yet solar project. Uh please listen to

770
01:08:13,520 --> 01:08:18,000
the concerned members of the community
and protect us. That's all we ask. Thank

771
01:08:16,960 --> 01:08:23,279
you.
>> I have a question. Yeah.

772
01:08:20,000 --> 01:08:28,480
» Who made B found Boon County uh the the
gold standard?

773
01:08:25,040 --> 01:08:32,480
» Um just different. I said that's kind of
opinion. That's I said it's like stated,

774
01:08:30,880 --> 01:08:34,799
but a lot of people consider it. There's
other counties that are writing the

775
01:08:33,759 --> 01:08:37,440
ordinances based on that.
>> So it depends on who you are and your

776
01:08:36,400 --> 01:08:39,440
opinion.
>> Yep.

777
01:08:37,759 --> 01:08:41,520
» Sure. That's like everything does.
>> Okay.

778
01:08:40,239 --> 01:08:44,759
» Okay.
>> Thank you.

779
01:08:53,679 --> 01:09:01,359
You don't have a hand out, too, do you?
>> No, I'm not I'm not that organized. I'm

780
01:08:58,000 --> 01:09:04,480
sorry. Mine's short, but Walmart is a
great example.

781
01:09:02,799 --> 01:09:08,880
» Oh, I'm sorry, Shauna Drake.
>> Oh, thank you.

782
01:09:06,080 --> 01:09:13,520
Walmart is a great example for you to
know about because I think it would be

783
01:09:10,799 --> 01:09:18,400
interesting for you all to look into
Walmart suing Tesla over the fires that

784
01:09:16,640 --> 01:09:23,040
were caused by the solar panels that
were on the roofs.

785
01:09:20,560 --> 01:09:28,960
The insurance companies started to tell
Walmart that they will not insure them

786
01:09:26,640 --> 01:09:34,880
because of the solar panels on the roofs
of the Walmart. So, every Walmart had to

787
01:09:32,159 --> 01:09:40,000
have the solar the solar taken off
because no one checked for faulty

788
01:09:37,199 --> 01:09:45,120
wiring. No one was an expert looking for
things on top of the roof at Walmart.

789
01:09:42,319 --> 01:09:50,640
So, they had a lot of fires that
happened because of solar panels. And

790
01:09:48,480 --> 01:09:58,960
you know if you think about it from a
thousand acres that runoff goes into our

791
01:09:55,040 --> 01:10:04,159
stream they go into our water they hit
all of us whether it's from the

792
01:10:01,840 --> 01:10:10,000
temperature you know I think we honestly
need a solar expert for Dearborn County.

793
01:10:07,679 --> 01:10:13,360
Somebody who is not going to just be oh
well let's just put this in the

794
01:10:11,520 --> 01:10:17,760
ordinance. somebody that really knows
what they're talking about and somebody

795
01:10:15,440 --> 01:10:21,840
that would be able to go out and look at
these solar panels to make sure they are

796
01:10:19,760 --> 01:10:27,360
being done right.
Right now, the only thing that's being

797
01:10:24,560 --> 01:10:32,159
protected is the property owner who
wants to have this done, not the people

798
01:10:29,840 --> 01:10:38,239
who are around it. But I feel like as
Dearborn County, from a citizen

799
01:10:35,120 --> 01:10:43,520
standpoint, we trust you to look out for
us.

800
01:10:40,480 --> 01:10:46,760
That's all I have to say.
>> Thank you.

801
01:10:50,239 --> 01:10:53,239
» Please.

802
01:10:57,199 --> 01:11:03,520
My name is Jeff Brand, resident of
Dearbornne County. Couple things just

803
01:11:01,120 --> 01:11:08,320
for general information. Solar power is
active. So when we had the discussion

804
01:11:06,159 --> 01:11:13,760
about disconnecting it, it's always
active. So you need to use terms like

805
01:11:10,239 --> 01:11:20,000
disconnect or isolate. Make sure that's
broken down and removed. Otherwise, it's

806
01:11:16,640 --> 01:11:24,400
like having a huge battery sitting.
Um, second thing I had is we spent a lot

807
01:11:23,120 --> 01:11:30,159
of time over the years putting together
a master plan for Dearborn County, uh,

808
01:11:27,520 --> 01:11:34,159
districting, saying business districts,
industrial zones. And then I found it

809
01:11:32,239 --> 01:11:37,159
interesting as we looked at section
1915.

810
01:11:39,120 --> 01:11:46,400
We have a right at the beginning it says
large-scale solar projects as defined in

811
01:11:44,000 --> 01:11:51,360
this article are prohibited within all
residential zoning districts.

812
01:11:49,440 --> 01:11:55,360
So, it might be something worthwhile to
think about if we put a lot of time into

813
01:11:53,600 --> 01:12:00,400
our
uh comprehensive plan for the county

814
01:11:57,920 --> 01:12:04,560
that we could use a similar wording in
all the other sections, isolating them

815
01:12:02,560 --> 01:12:08,080
to specific areas that are already
pre-zoned

816
01:12:06,239 --> 01:12:12,679
for solar,
whether it be business districts or

817
01:12:09,679 --> 01:12:12,679
industrial.

818
01:12:13,760 --> 01:12:19,360
» Thank you.
>> Thank you.

819
01:12:30,880 --> 01:12:38,320
Yeah,
>> just one comment on 1924.

820
01:12:36,719 --> 01:12:43,040
Section 4 there are a number of
different

821
01:12:39,120 --> 01:12:48,159
» I'm sorry Chris Perry
>> section so section 1920.4 four. Uh there

822
01:12:46,719 --> 01:12:51,920
are a number of different criteria for
how the BCA might be able to deny an

823
01:12:50,000 --> 01:12:57,760
application. Just asking that those
criteria be specified so that the

824
01:12:55,520 --> 01:13:01,760
definitions can help help the
enforcement be equitable. That's all. I

825
01:13:00,800 --> 01:13:06,760
don't have specifics for the
definitions, but some of them are a

826
01:13:03,360 --> 01:13:06,760
little little open-ended.

827
01:13:07,920 --> 01:13:11,159
» Thank you.

828
01:13:24,159 --> 01:13:28,960
quickly.
>> You're quick.

829
01:13:25,679 --> 01:13:34,320
» Uh Chris Perry, uh 1920.6
and 1945A, which have come on later.

830
01:13:32,080 --> 01:13:38,000
There's two different triggers for when
an application for a utility scale

831
01:13:36,159 --> 01:13:41,679
project would have to meet their
permitting requirements after the

832
01:13:39,440 --> 01:13:45,199
conditional use. and they're both two
years, but one says that you have to

833
01:13:43,280 --> 01:13:48,880
have your building permit submitted and
one has it says it has to be approved. I

834
01:13:47,600 --> 01:13:53,199
would argue that it's got to be when
it's submitted because it's a timeline

835
01:13:50,640 --> 01:13:57,719
that the applicant can control. But
either way, just clarification there.

836
01:14:10,000 --> 01:14:16,400
Lisa Lee Wisburg Road just went over
some of that that you was just I just

837
01:14:14,080 --> 01:14:21,920
had a question on 1915 and 13 the
abandonment you keep talking about the

838
01:14:18,640 --> 01:14:25,120
building being abandoned. What if the
solar is abandoned that storms come

839
01:14:23,760 --> 01:14:30,640
through knock it down but they're still
living or occupying the building? Do we

840
01:14:28,640 --> 01:14:35,280
have anything on how those solar panels
should be cleaned up?

841
01:14:33,360 --> 01:14:38,920
It was always talked about the building
being abandonment.

842
01:14:39,679 --> 01:14:45,360
» What if just the solar is
>> I think Nicole covered that talking

843
01:14:43,679 --> 01:14:48,560
about like if a storm came through and
damaged it or if it was obvious that was

844
01:14:47,199 --> 01:14:50,880
not being used.
>> Yeah.

845
01:14:48,960 --> 01:14:54,719
» That it would fall under the
>> It would fall if we took it out. We

846
01:14:52,800 --> 01:14:56,640
would live list it under unsafe building
ordinance

847
01:14:55,199 --> 01:14:59,760
» that it's not a building.
>> So So the unsafe building ordinance

848
01:14:58,239 --> 01:15:04,400
applies to buildings or structures, but
it also but it also applies to tracks of

849
01:15:02,800 --> 01:15:07,360
property that are a fire hazard, a
hazard to public health, public

850
01:15:05,520 --> 01:15:10,560
nuisance, or dangerous to person.
>> Okay, great.

851
01:15:08,640 --> 01:15:13,600
» Thank you.
>> Yeah, and that stuff's all in statute.

852
01:15:12,080 --> 01:15:19,320
Like we've adopted the unsafe building
warrants in De County, but all those

853
01:15:15,040 --> 01:15:19,320
parameters are in the code.

854
01:15:25,760 --> 01:15:30,280
» Is there anyone else? Please.

855
01:15:30,800 --> 01:15:37,440
My name is Jessica Schneider and I'm a
resident of Manchester. Just to follow

856
01:15:35,040 --> 01:15:42,719
up on that, um, is there going to be a
bond in place? So, say the company does

857
01:15:40,159 --> 01:15:46,560
go under, um,
>> is there going to be a bond and how much

858
01:15:44,960 --> 01:15:51,120
does someone know how much for
decommissioning, say a business goes

859
01:15:49,120 --> 01:15:55,679
under,
a tornado came in to say, or storm?

860
01:15:53,600 --> 01:15:59,600
» I know we've talked about a bond,
>> not for

861
01:15:57,760 --> 01:16:03,920
the large scale. That's what she's
talking about

862
01:16:01,280 --> 01:16:08,480
» for like a commercial building.
>> Yeah. No, that's what we were talking

863
01:16:05,920 --> 01:16:11,920
about doing the unsafe building
>> um process.

864
01:16:10,400 --> 01:16:15,679
» So, who would pay for that?
>> So, what happens is if it's unsafe

865
01:16:13,840 --> 01:16:22,040
building, the county case puts a lean on
the property for the cost for the cost

866
01:16:18,640 --> 01:16:22,040
attorney cost.

867
01:16:22,560 --> 01:16:27,440
» So, when they sell the property, we
would get the money,

868
01:16:25,360 --> 01:16:30,000
» right?
>> Thank you.

869
01:16:36,880 --> 01:16:40,040
Go ahead.

870
01:16:40,159 --> 01:16:47,920
» Brandon Lang lander Lake Tambo Road. I'm
curious uh the substation on Tangaman

871
01:16:45,600 --> 01:16:54,480
Road. It's Tangman Ashy Road. It was
expanded years ago already.

872
01:16:52,400 --> 01:16:59,520
» Here we go. Oh, anyway. Brandon Lang,
Lake Tambar Road. There's a substation

873
01:16:56,400 --> 01:17:03,360
on uh Tangaman and Ashy Road on the
corner there and I I believe it was

874
01:17:01,120 --> 01:17:06,159
expanded years ago because it's
considerably bigger than it was when I

875
01:17:04,800 --> 01:17:08,880
was a kid. What was the process for
that?

876
01:17:07,280 --> 01:17:14,320
» What what process do they go through to
expand uh substations?

877
01:17:11,679 --> 01:17:18,320
» That most likely falls under the NA
utility regulatory commission because it

878
01:17:16,640 --> 01:17:24,000
doesn't fall under the county.
>> So do you have we have no control where

879
01:17:20,560 --> 01:17:27,440
they put those, how big they get?
No, nothing over.

880
01:17:24,960 --> 01:17:33,480
» I have not seen anything come through
this county in regard to that

881
01:17:29,520 --> 01:17:33,480
substation. Now, granted,

882
01:17:34,719 --> 01:17:42,480
» we did receive plans, but we could not
do anything about it. So, the courtesy

883
01:17:39,920 --> 01:17:48,560
was they sent us plans and that was
>> Was that the same thing for the one on

884
01:17:45,360 --> 01:17:51,520
uh Wisburg Road on Crafty Lane? Mhm.
>> So, we just got plans say, "Hey, we're

885
01:17:50,480 --> 01:17:53,600
building this and
>> Yep."

886
01:17:52,080 --> 01:17:57,360
» Yeah. Enjoy.
>> Yep.

887
01:17:54,640 --> 01:18:00,960
» They're like, uh, what if they wanted to
add another substation? Do they just do

888
01:18:00,000 --> 01:18:03,520
they just tell you what they're going to
do? Do they even have to tell you where

889
01:18:02,080 --> 01:18:08,880
they're going to put it?
>> Well, they'll apply to IURC and then

890
01:18:06,320 --> 01:18:13,040
» they dictate to the county what happens.
>> No control over what's contained in

891
01:18:10,800 --> 01:18:16,800
there. You know, lead or whatever kind
of hazardous materials, batteries,

892
01:18:15,360 --> 01:18:22,480
whatever's going in a substation. And
there's no control over that whatsoever

893
01:18:18,800 --> 01:18:25,920
on the county level.
>> Not that I'm aware of. I mean,

894
01:18:24,400 --> 01:18:29,040
» if the tornado comes through and blows
it over, their insurance company will

895
01:18:27,760 --> 01:18:32,000
take care of it and rebuild it probably,
right?

896
01:18:30,400 --> 01:18:35,760
» I can't answer that.
>> I think I can. That's pretty sounds

897
01:18:34,400 --> 01:18:38,760
pretty reasonable to me. All right.
Thanks.

898
01:18:43,520 --> 01:18:46,920
» Anyone else?

899
01:18:56,960 --> 01:19:00,360
Emily Hartman.

900
01:19:00,800 --> 01:19:07,080
» I did bring some handouts.
>> Sorry, Jim.

901
01:19:08,960 --> 01:19:15,800
» I'll speak up when I start talking.
Sorry.

902
01:19:18,560 --> 01:19:21,560
Okay.

903
01:19:22,880 --> 01:19:30,239
» Will you just take one and pass it down?
>> Just say pass them down.

904
01:19:28,560 --> 01:19:34,120
» Yes. Just take one and pass it down.
>> I didn't hear the take one.

905
01:19:36,080 --> 01:19:43,000
» Take one and pass it down.
>> And then I'll hold all the other stuff

906
01:19:39,840 --> 01:19:43,000
for you.

907
01:19:43,840 --> 01:19:51,760
Okay. So, I'm passing down the purpose
and intent that I mentioned last time.

908
01:19:48,880 --> 01:19:56,719
Um, I figured you guys wanted it printed
out. Email wasn't effective. And then

909
01:19:54,640 --> 01:20:00,239
the other thing I handed out is the
definitions that I mentioned last time,

910
01:19:58,719 --> 01:20:04,640
which
um probably means more to you now than

911
01:20:02,080 --> 01:20:08,159
it did last time. Anyway,
so the recommendation is that citizens

912
01:20:06,800 --> 01:20:12,640
recommend that the draft ordinance
define solar energy products based in

913
01:20:10,159 --> 01:20:16,159
part on acreage or project size ranges
establishing clear size thresholds would

914
01:20:14,719 --> 01:20:20,880
allow the development standards and
regulatory requirements to appropriately

915
01:20:18,159 --> 01:20:24,960
reflect the scale and potential impacts
of a project rather than being based on

916
01:20:22,880 --> 01:20:29,280
the identity of the project owner,
operator, or customer.

917
01:20:27,679 --> 01:20:32,400
Citizens further recommend that the
proposed definitions and related

918
01:20:30,880 --> 01:20:36,719
standards be reviewed by an attorney
with specialized experience in zoning

919
01:20:34,239 --> 01:20:40,480
and land use law. Legal review would
ensure that the definitions are clear,

920
01:20:38,400 --> 01:20:44,080
enforcable, and comprehensive while
minimizing those loopholes we discussed

921
01:20:42,239 --> 01:20:49,440
last time.
I included our original article 19

922
01:20:46,719 --> 01:20:54,080
examples which did have ranges and caps
all except for the large.

923
01:20:52,000 --> 01:20:59,520
I thought that did the job. Um, and then
I also included Madison County who did

924
01:20:56,239 --> 01:21:03,199
something similar and has ranges.
It

925
01:21:01,199 --> 01:21:08,800
makes sense to treat it for what it is,
not who's benefiting from it. I don't

926
01:21:06,560 --> 01:21:13,600
know if the inverter noise changes based
off of who's making money or not. Um,

927
01:21:12,000 --> 01:21:18,000
and that brings another point since
we're talking about not the utility

928
01:21:15,920 --> 01:21:23,120
scale solars, but these like small
project type ones.

929
01:21:20,000 --> 01:21:27,120
I did get a noise testimony from someone
in Indiana. I can't remember. I think

930
01:21:25,360 --> 01:21:32,320
Frankton,
that sounds right. Uh, the project is

931
01:21:29,760 --> 01:21:37,040
4.15 acres. Homeowners can hear a
constant high-pitched ringing noise from

932
01:21:34,000 --> 01:21:41,760
the back deck, which is 580 ft away and
separated by two rows of tall pine

933
01:21:39,040 --> 01:21:48,400
trees. Uh, so I just thought I would
insert that here so we don't think just

934
01:21:46,000 --> 01:21:54,199
because it's small it doesn't have any
adverse impacts.

935
01:21:51,040 --> 01:21:54,199
Thank you.

936
01:21:59,520 --> 01:22:02,679
Thank you.

937
01:22:05,280 --> 01:22:13,480
Is there anyone else that would like to
speak on the sections before mentioned

938
01:22:14,560 --> 01:22:18,840
public discussion? I'll second that.

939
01:22:26,480 --> 01:22:31,560
Motion by Eric Lang to close public
discussion.

940
01:22:32,239 --> 01:22:37,600
Second by uh Russell Marstofer. All in
favor say I.

941
01:22:36,719 --> 01:22:40,920
» I.
>> Any opposed?

942
01:22:42,080 --> 01:22:45,320
» Thank you.

943
01:22:47,360 --> 01:22:50,360
Go.

944
01:23:32,960 --> 01:23:42,639
Okay. So, we're at section 1925.
Um, these are for the uh community solar

945
01:23:40,960 --> 01:23:46,920
uh projects.
Um, so

946
01:23:51,360 --> 01:24:02,400
As far as up to at least Friday, um
I hadn't received any comments on this

947
01:23:59,360 --> 01:24:08,080
particular section. Um, I did receive
some comments from the MS4 coordinator

948
01:24:05,520 --> 01:24:13,760
and the highway engineer
um to add drainage um requirement, just

949
01:24:11,440 --> 01:24:21,280
a drainage statement within the
requirement section um to match the MS4

950
01:24:17,040 --> 01:24:25,880
standards. And then um on number 14
which is on page 21

951
01:24:25,920 --> 01:24:36,800
um the abandonment um
uh put a time frame of that abandonment

952
01:24:32,639 --> 01:24:40,320
for these projects um and because of the
potential size of this if it's a

953
01:24:38,800 --> 01:24:45,760
neighborhood
um or something putting um a

954
01:24:42,880 --> 01:24:54,480
decommissioning in there um plan for
that instead of the abandonment to get

955
01:24:48,960 --> 01:25:00,159
specifics. Um, so I did um add that note
to uh put more details into that. So

956
01:24:58,080 --> 01:25:08,159
because if it's a neighborhood or a
community um solar project, um it would

957
01:25:05,040 --> 01:25:12,719
be hard to do individual um possibly
individual

958
01:25:09,679 --> 01:25:19,280
under unsafe building. Um, but it's
still I think could be used if it's on a

959
01:25:15,840 --> 01:25:22,960
parcel in within that that can be, you
know, whether it's a homeowners

960
01:25:20,639 --> 01:25:26,000
association you'd still go after, but I
think it does need a decommissioning um

961
01:25:24,960 --> 01:25:32,560
outlined on that,
>> right?

962
01:25:27,840 --> 01:25:38,280
» Um, so and just looking real quick, I
haven't had a chance to look at all of

963
01:25:34,000 --> 01:25:38,280
them. Um,

964
01:25:46,800 --> 01:25:54,800
I don't think there was anything in um
any of the other things that I received

965
01:25:52,320 --> 01:25:59,840
on this particular
um section.

966
01:25:57,679 --> 01:26:05,760
» Does the board have anything on this
particular section?

967
01:26:02,080 --> 01:26:09,760
I noticed the typo on page 21. Um, under
maintenance, the first one, uh, the

968
01:26:07,920 --> 01:26:14,719
owner owners shall maintain the solar
system. Uh, it says in sage operating

969
01:26:13,280 --> 01:26:18,719
condition, but I think you meant safe.
So, sorry.

970
01:26:15,760 --> 01:26:22,120
» Yes. 21. I think someone did point that
out to me.

971
01:26:24,560 --> 01:26:28,520
» Yes, it's supposed to be safe.

972
01:26:29,360 --> 01:26:35,040
I think I noticed at all unless you've
updated it. All the zoning ordinance,

973
01:26:33,280 --> 01:26:42,480
all the zoning districts were referenced
in 1925 except B2.

974
01:26:38,480 --> 01:26:46,400
I assume that would be commercial
builders.

975
01:26:44,639 --> 01:26:49,560
It's got I1, two, and three, but I
didn't see

976
01:26:59,920 --> 01:27:06,400
Oh, B2 is supposed to be a conditional
use

977
01:27:03,360 --> 01:27:11,760
» down with B1 in the commercial or
>> so B1 would be a permitted use.

978
01:27:10,000 --> 01:27:18,520
Are you talking about the first?
>> Are you on

979
01:27:13,440 --> 01:27:18,520
» 19? Oh, shoot. Nope. Sorry. 1920.

980
01:27:22,639 --> 01:27:29,639
Oh yes, including B2.
>> Thank you.

981
01:27:26,639 --> 01:27:29,639
» Yes.

982
01:27:30,960 --> 01:27:34,960
» Although you did make me catch another
mistake.

983
01:27:45,360 --> 01:27:49,239
any others for 1925?

984
01:27:51,280 --> 01:28:00,600
Um,
actually I think they did. I just

985
01:27:55,520 --> 01:28:00,600
couldn't figure out page 19.

986
01:28:11,760 --> 01:28:21,120
Yes, it's just out of order. Sorry. Um
the advisory committee did pick up

987
01:28:16,560 --> 01:28:27,440
something on page 19. Um page 19 number
two at the end. Um

988
01:28:24,719 --> 01:28:37,280
I don't think I completed the sentence.
Um but what it is intended to do be

989
01:28:32,719 --> 01:28:42,639
um is that the this is location
um and this would be under canopy

990
01:28:39,520 --> 01:28:48,000
systems. Um if the systems shall not be
located within public rightway recorded

991
01:28:45,360 --> 01:28:52,480
public or private easement or panhandle
or access strip portion of a lot or

992
01:28:50,639 --> 01:28:56,719
required landscape buffer yard unless
authorized in writing by the easement

993
01:28:54,239 --> 01:29:01,600
holder. And then it was meant to be a
separate se section or sentence. If the

994
01:28:59,679 --> 01:29:06,400
rightway cannot be determined, it shall
be a rightway distance as required in

995
01:29:03,679 --> 01:29:12,960
the sub subdivision control ordinance
for the roadway classification.

996
01:29:09,440 --> 01:29:19,920
Um, and that was just some roads um
don't always have a dedicated rideway.

997
01:29:15,199 --> 01:29:25,760
So that is to ensure that if it's deemed
a collector road that we're using what

998
01:29:23,679 --> 01:29:33,040
the standard is for the rightway that
should be dedicated. Um so it was the

999
01:29:29,679 --> 01:29:38,639
sentence just wasn't complete. So um I
did have that. Um

1000
01:29:36,719 --> 01:29:41,840
and then
and then the other comment that was

1001
01:29:40,159 --> 01:29:48,159
through because I just need to run it
through um

1002
01:29:44,960 --> 01:29:53,920
the word document is groundmounted
systems um is not always written the

1003
01:29:51,280 --> 01:30:02,679
same
as the definition. So, I've made a note

1004
01:29:56,159 --> 01:30:02,679
to run that through the find it process.

1005
01:30:08,960 --> 01:30:16,320
So, I will be adding um drainage to
there to follow them as for and put a

1006
01:30:14,159 --> 01:30:21,360
more description. um probably will not
use abandonment but this um a

1007
01:30:19,120 --> 01:30:26,920
decommissioning
for the community

1008
01:30:23,920 --> 01:30:26,920
scale.

1009
01:30:28,159 --> 01:30:34,760
All right, if there's nothing else,
we'll move on to 1930.

1010
01:30:38,159 --> 01:30:51,639
This is the utility scale. Um,
so I do have comments on that.

1011
01:30:48,639 --> 01:30:51,639
Um,

1012
01:30:51,920 --> 01:31:01,679
so this would be all these are what I
have so far are citizen comments,

1013
01:30:58,320 --> 01:31:10,159
comments from the highway engineer, um,
from emails and then from the MS4 um,

1014
01:31:05,199 --> 01:31:14,639
coordinator as well. Um in page 22,
which is the first page of that

1015
01:31:11,760 --> 01:31:20,000
ordinance, um reducing the one mile
between parcels of a part of utility,

1016
01:31:17,360 --> 01:31:24,159
consider requiring project parcels to be
contiguous.

1017
01:31:21,760 --> 01:31:30,880
Um so the way we have that is the
maximum acreage um for the project size

1018
01:31:26,800 --> 01:31:35,440
to be a thousand acres. Um they do not
it's we have in there not required to be

1019
01:31:33,040 --> 01:31:40,679
contiguous. Um each parcel has to be
located within a mile of each other. Um

1020
01:31:43,199 --> 01:31:52,400
so that is what they're questioning on
that particular would be the one B1A.

1021
01:31:49,199 --> 01:31:57,280
Um you just want me to go one by one and
let you guys speak up. That's the

1022
01:31:54,719 --> 01:32:06,960
comments that we received.
Okay. Um B1A um also reducing reducing

1023
01:32:02,800 --> 01:32:13,520
the maximum project size um should there
be a max cap size allowable in all of

1024
01:32:09,760 --> 01:32:19,120
Dearburn County? Um so in this for if
you put A and B together uh maximum

1025
01:32:16,159 --> 01:32:24,239
project size is 1,000 acres. If there is
another project that comes in, it has to

1026
01:32:21,199 --> 01:32:29,520
be 10 miles away from the
um any other project that is um

1027
01:32:27,360 --> 01:32:34,960
currently in Dear County. Um
>> where did that 10 miles come from?

1028
01:32:32,800 --> 01:32:39,520
» Um well, on average, when you're looking
at substations, especially through

1029
01:32:36,560 --> 01:32:44,159
Darren County, we don't have a lot of
locations where substations are. Um, so

1030
01:32:42,239 --> 01:32:49,040
the maximum I'm looking at those
substations, that's kind of where I just

1031
01:32:47,440 --> 01:32:53,760
determined
the 10 miles because if you're looking

1032
01:32:51,120 --> 01:33:00,159
at actual substations currently, then
you're really looking at those limits

1033
01:32:56,480 --> 01:33:03,440
anyway. Um, and if they're in before,
then when someone's coming in for a

1034
01:33:01,600 --> 01:33:08,159
substation that's in between one, it
it's already too late if it comes in

1035
01:33:05,040 --> 01:33:11,800
after. So, um, that's kind of where I
went with that size.

1036
01:33:13,920 --> 01:33:18,760
or the distance I should say.
>> Okay.

1037
01:33:26,400 --> 01:33:32,400
» Just in case they wanted to start
running substations as was stated before

1038
01:33:30,639 --> 01:33:37,280
that wherever they want whenever they
want. It was at least a distance in

1039
01:33:34,800 --> 01:33:41,440
their
set.

1040
01:33:39,840 --> 01:33:47,320
Can you change the screen to your
screen? What you're looking at?

1041
01:33:44,000 --> 01:33:47,320
» Oh, sorry.

1042
01:33:52,960 --> 01:34:01,440
I was looking at the I thought you meant
up there. Thought my computer went black

1043
01:33:57,040 --> 01:34:04,920
again. So, we're looking at the B 1 A
and 1 B.

1044
01:34:08,960 --> 01:34:19,199
All right. Um,
next, um, on page 23,

1045
01:34:17,120 --> 01:34:24,159
um, the comment was, "Is there a
conflict with projects being separated

1046
01:34:21,120 --> 01:34:32,520
by 10 miles with what is described in
B1A? There is no definition on how

1047
01:34:27,040 --> 01:34:32,520
separation is to be measured." Um

1048
01:34:37,280 --> 01:34:44,880
and I agree there um to make a
definition well the project proper or

1049
01:34:42,239 --> 01:34:52,080
boundary um is in there. So it would be
the boundary lines of the project would

1050
01:34:47,040 --> 01:34:55,080
be the um distance away uh for the 10
miles

1051
01:35:01,679 --> 01:35:09,600
and I'm not sure if there's I'm not sure
the conflict of between one A and 1B for

1052
01:35:07,840 --> 01:35:14,400
the separation.
Um

1053
01:35:11,679 --> 01:35:18,880
I guess maybe they just let the
the one mile separation was for the same

1054
01:35:16,960 --> 01:35:24,320
project for the total of the thousand
acres if they're parcels that are not

1055
01:35:22,639 --> 01:35:31,400
contiguous.
Um, and then the 10 miles is actually

1056
01:35:26,719 --> 01:35:31,400
for a project to project.

1057
01:35:40,639 --> 01:35:50,159
Moving on on page 23
for the setbacks.

1058
01:35:48,239 --> 01:35:53,440
Um
>> there was two things like we had on

1059
01:35:51,600 --> 01:36:00,159
there that I didn't you got that
removing the word adjacent from B.

1060
01:35:57,280 --> 01:36:03,199
So it just says for all minimum setback
from non participating.

1061
01:36:01,120 --> 01:36:08,199
» I haven't gone through all the yours
which I don't know which um

1062
01:36:04,880 --> 01:36:08,199
» that's 23

1063
01:36:08,639 --> 01:36:13,239
some of these I didn't get to yet. I
didn't

1064
01:36:13,760 --> 01:36:19,080
» for page
um

1065
01:36:19,679 --> 01:36:26,000
» just
yeah for 23.

1066
01:36:24,239 --> 01:36:30,560
Yeah, that's what we just started there
for the setbacks.

1067
01:36:28,480 --> 01:36:32,480
So, I haven't gone through the these
comments.

1068
01:36:30,800 --> 01:36:34,400
» We're going to page 24.
>> No, 23.

1069
01:36:33,600 --> 01:36:38,080
» Okay.
>> For setbacks.

1070
01:36:35,840 --> 01:36:43,199
» So, I have But at least I know they're
on here because I didn't know.

1071
01:36:39,920 --> 01:36:48,400
» Um page 23
for B2 setbacks. Should there be

1072
01:36:46,480 --> 01:36:53,920
setbacks for fencing, access roads,
storm water facilities, etc. that are

1073
01:36:50,320 --> 01:36:58,719
listed in the paragraph. Um
so I did not I did not put any um

1074
01:36:56,880 --> 01:37:04,400
setbacks
uh for fencing, electric poles, um

1075
01:37:02,480 --> 01:37:08,080
access roads,
um

1076
01:37:06,159 --> 01:37:15,080
required landscaping, storm management
facilities, sign or aggravate features.

1077
01:37:12,080 --> 01:37:15,080
Um

1078
01:37:15,840 --> 01:37:23,760
so that's what they're referencing is I
didn't put any in there. um access

1079
01:37:21,040 --> 01:37:28,080
roads. We don't have setbacks in the
current ordinance as far as regular

1080
01:37:26,320 --> 01:37:32,639
ordinance for people's driveways and
access roads. Um

1081
01:37:30,639 --> 01:37:38,080
so I didn't have any for that. The
fencing

1082
01:37:34,320 --> 01:37:41,679
um we don't have setback for fencing. Um
sometimes it's not a good idea to have

1083
01:37:39,679 --> 01:37:45,440
setbacks for fencing because then you
have

1084
01:37:43,199 --> 01:37:48,880
um
in the end whose property is who.

1085
01:37:47,040 --> 01:37:52,320
» You're going to measure setbacks. Hm.
>> How you going to measure the setbacks in

1086
01:37:50,560 --> 01:37:56,239
the middle of the road or
>> so the front yard? Well, the front yard

1087
01:37:54,159 --> 01:37:59,920
is uh usually front yard setback is
measured to the center line of the road.

1088
01:37:59,520 --> 01:38:05,440
» Um
>> so from the center of the line if it's

1089
01:38:02,480 --> 01:38:07,440
400 ft is 400 ft from the center of the
road to that point.

1090
01:38:06,880 --> 01:38:10,159
» Yes.
>> Okay.

1091
01:38:07,840 --> 01:38:14,080
» Um the reason being is we use the center
line of the road because as I've stated

1092
01:38:12,080 --> 01:38:20,960
not all roads have a dedicated rideaway
that we can assume.

1093
01:38:17,360 --> 01:38:26,000
Um, so that standard of measuring
setbacks from the rideway is how we do

1094
01:38:23,760 --> 01:38:28,719
all setbacks for the front yard from the
center of the rideway. Okay? Or center

1095
01:38:27,679 --> 01:38:33,040
of the road
>> in case there is no rideway

1096
01:38:31,199 --> 01:38:36,400
» because we had before we had an
ordinance where it was

1097
01:38:34,800 --> 01:38:40,159
» here it is from the center if there's no
rideway and here it is from the rideway

1098
01:38:38,000 --> 01:38:45,119
if there is a rideway.
Um, and it's just too confusing. The

1099
01:38:43,440 --> 01:38:51,440
center line of the road is the center
line of the road. Um, so that's the

1100
01:38:47,360 --> 01:38:56,880
front yard. Um, does anybody have any
um, suggestions, comments at least board

1101
01:38:54,080 --> 01:39:00,880
for setbacks or things that I've listed
that are not included within the

1102
01:38:59,440 --> 01:39:05,360
setbacks?
>> What I'm seeing when I did uh, a Google

1103
01:39:03,440 --> 01:39:08,159
for the average in the state of Indiana
was 450 ft

1104
01:39:06,960 --> 01:39:11,760
» for a front yard.
>> Yep.

1105
01:39:09,280 --> 01:39:17,520
And to put that into perspective, uh
that's one football and a half football

1106
01:39:14,880 --> 01:39:22,119
field and a half. So just to give you
some perspective on how big that would

1107
01:39:19,119 --> 01:39:22,119
be.

1108
01:39:26,639 --> 01:39:32,239
» If someone wanted to build a bunch of
hoop houses in an a district, they don't

1109
01:39:30,639 --> 01:39:35,440
have to go through a zone change. They
don't have to go through all of this

1110
01:39:33,600 --> 01:39:41,600
process. What is their setback
requirements? If it is no higher than 14

1111
01:39:38,880 --> 01:39:46,960
feet, it is five feet. If it goes 15 or
foot or higher, um, and that's just to

1112
01:39:43,760 --> 01:39:53,760
the eaves, that is not so poop, we would
where the breaking point is, um, 15 feet

1113
01:39:50,719 --> 01:39:56,000
or higher, it would go to, uh, 10 ft
>> for sideyards.

1114
01:39:54,960 --> 01:39:57,840
» For sideyards
>> and how

1115
01:39:56,560 --> 01:40:02,080
» front yard would have to meet the front
well accessory structures is front yard

1116
01:40:00,480 --> 01:40:08,480
setback requirement in that zoning
district and plus 110%.

1117
01:40:05,199 --> 01:40:14,679
So if it's 70, you're looking at 77 feet
from the center line of the road

1118
01:40:10,800 --> 01:40:14,679
» for an accessory structure.

1119
01:40:16,159 --> 01:40:21,840
» Is there a difference between like our
requirements for hoop houses versus like

1120
01:40:19,920 --> 01:40:27,040
confined feeding operations and like
like if you're going to put a a pig farm

1121
01:40:24,560 --> 01:40:31,119
» confined feed? No. If it's if it's not
considered confined feeding and it's

1122
01:40:28,560 --> 01:40:35,040
just a agricultural um because they
confined feeding has to go through

1123
01:40:33,199 --> 01:40:42,560
different regulations
um res or agricultural hog barn

1124
01:40:39,600 --> 01:40:46,719
um it depends on the size. So if it's 14
or at the eaves or lower it's 5t if not

1125
01:40:45,760 --> 01:40:52,360
it's 10 ft.
>> So what about confined feeding?

1126
01:40:47,920 --> 01:40:52,360
» Confined feeding is 250 ft.

1127
01:40:56,239 --> 01:41:02,679
sideyard
>> 250 ft.

1128
01:40:59,119 --> 01:41:02,679
» Anything. Okay.

1129
01:41:08,560 --> 01:41:15,679
» And those if you wanted to look at the
regulations for confined feeding, I did

1130
01:41:12,480 --> 01:41:23,600
put those in your red binders. They're
after article 19, the current article 19

1131
01:41:19,440 --> 01:41:23,600
uh with the MS4 and confined feeding.

1132
01:41:34,960 --> 01:41:45,840
Um, anything on the
fences or any other birds?

1133
01:41:43,520 --> 01:41:50,520
» Well, we haven't gotten there yet.
>> Okay. Well, I'd like to be ahead.

1134
01:41:51,600 --> 01:42:02,440
So if we got a 400 foot set back from
the center of the road

1135
01:41:58,080 --> 01:42:02,440
that property just sit there idle

1136
01:42:03,920 --> 01:42:13,199
» I just threw out the average
>> well what we currently have is 400 ft in

1137
01:42:09,760 --> 01:42:21,960
here in the draft. So it would yeah it
would be no different than the your yard

1138
01:42:17,440 --> 01:42:21,960
being mowed or a hay field or

1139
01:42:22,320 --> 01:42:29,440
they could do
whatever they wanted agriculturally

1140
01:42:26,560 --> 01:42:33,840
within that setback
>> drop to 200 feet if we do the enhanced

1141
01:42:32,159 --> 01:42:37,960
landscaping.
>> Yes, that's the low end.

1142
01:42:44,000 --> 01:42:57,440
Um and one of the comments on
let me go through. So, a

1143
01:42:52,800 --> 01:43:02,520
2 A. I didn't have anything to A. I do
for

1144
01:42:59,520 --> 01:43:02,520
um

1145
01:43:03,679 --> 01:43:11,880
sorry, I'm going through the um citizen
advisory committee that I just got

1146
01:43:07,920 --> 01:43:11,880
yesterday. Um

1147
01:43:12,639 --> 01:43:17,400
on the landscaping they would like to
see

1148
01:43:17,760 --> 01:43:26,320
um
hardy spruce trees used. We um had that

1149
01:43:23,600 --> 01:43:30,480
they had to be native evergreen trees.
Um white pine is they have white pine is

1150
01:43:28,560 --> 01:43:35,920
probably the cheapest but also the least
hearty to wind and storm and the

1151
01:43:33,280 --> 01:43:41,280
distance needs between needs to be
reduced at 20 years. The average spruce

1152
01:43:38,639 --> 01:43:44,800
tea will only be 20 feet wide at the
base.

1153
01:43:42,400 --> 01:43:50,840
» I'd like to see that burm higher than
what you have. Five feet. I'd like to

1154
01:43:47,040 --> 01:43:50,840
see it up to 10 ft

1155
01:43:50,880 --> 01:43:54,880
» and then the trees planted on top.
>> Which dirt that is.

1156
01:43:53,840 --> 01:43:58,400
» I mean,
>> that's just that's what I'm saying

1157
01:43:56,960 --> 01:44:01,600
» because that way you would be able to
see anything.

1158
01:43:59,119 --> 01:44:07,280
» I'll give you a prime example of a burm
that you can see today right along 74

1159
01:44:04,560 --> 01:44:13,119
between Sunman and St. Leon. I mean some
in Batesville where they put the

1160
01:44:09,760 --> 01:44:16,880
grindings on the person's property.
They can't mow it because it's too damn

1161
01:44:14,960 --> 01:44:21,199
steep
and it's building up with

1162
01:44:19,760 --> 01:44:22,560
what I call
>> scrub

1163
01:44:21,679 --> 01:44:25,440
» scrub trees.
>> Weeds and scrub.

1164
01:44:23,280 --> 01:44:30,560
» Well, I'd say BMS that uh
>> but this this is this is a BM that's

1165
01:44:27,760 --> 01:44:34,159
probably every bit 10 foot tall. It's
got to be that tall. You've seen it,

1166
01:44:32,639 --> 01:44:38,719
Dwayne.
Uh

1167
01:44:34,719 --> 01:44:43,600
» you seen the one down in uh Green Acres
canoe place. There's a gravel pit next

1168
01:44:40,960 --> 01:44:46,880
to it. They've got like a 10 foot BM
>> with trees all across the top of it. You

1169
01:44:45,600 --> 01:44:50,239
can't see anything back there.
>> I know. I know.

1170
01:44:48,400 --> 01:44:52,560
» So what I guess what I'm saying is it's
doable.

1171
01:44:51,119 --> 01:44:56,560
» It's doable, but I just don't want to
see one like along 74.

1172
01:44:55,520 --> 01:45:00,520
» Well, that's a mess.
>> We can shake hands on that.

1173
01:45:00,960 --> 01:45:07,760
» So if we did a BM that high and then had
maybe stipulation for grading or like I

1174
01:45:05,679 --> 01:45:11,600
don't know what the grade is on the levy
or how they mow that. That's

1175
01:45:09,600 --> 01:45:16,159
» to three to one. Yep. Three to one.
>> So that was one of the statements that

1176
01:45:13,520 --> 01:45:20,960
as far as the like through tech review
from the highway engineer MS4 as we were

1177
01:45:18,320 --> 01:45:27,520
going through them is 3 to one which we
do have that stipulation in landscape

1178
01:45:23,280 --> 01:45:33,440
ordinance. Um so if we left the burm in
there um it would no matter the height

1179
01:45:31,280 --> 01:45:36,000
» it would be 3 to one.
So that was one of the things that we

1180
01:45:34,880 --> 01:45:39,040
wanted added.
>> You know, if you just put up a burm

1181
01:45:37,280 --> 01:45:41,840
that's two feet or three feet or what
have you, might as well not even put up

1182
01:45:40,880 --> 01:45:51,679
a burm.
>> Well, the the what it was looking at is

1183
01:45:46,320 --> 01:45:58,480
um visually a rolling burm is visually I
think more pleasing than a you know it.

1184
01:45:55,600 --> 01:46:04,800
Would you rather look at a fence than a
burm that tall? Um, but that's

1185
01:46:01,440 --> 01:46:10,320
» I'd rather look at a BM,
>> but I was looking at more pleasing and

1186
01:46:06,639 --> 01:46:14,320
more naturally grading. That's what I
had in mind for the BMS requirement on

1187
01:46:12,960 --> 01:46:21,119
that.
>> Just and I don't know if this means

1188
01:46:16,560 --> 01:46:26,320
anything to you, but a 10 foot high burm
every 10 feet is a little probably about

1189
01:46:24,159 --> 01:46:30,400
125 yards of material.
>> So that just doesn't come cheap. I'm

1190
01:46:29,119 --> 01:46:33,679
just saying that doesn't come out of a
vacuum.

1191
01:46:30,800 --> 01:46:37,119
» I I I kind of played that into my
thought process.

1192
01:46:35,280 --> 01:46:44,800
» And the other part of that too is this
is trying to um as far as require some

1193
01:46:41,600 --> 01:46:49,280
additional more evergreen trees that
would be solid year round. There's

1194
01:46:47,199 --> 01:46:54,400
always the stipulation of going back to
if we had a reduction um going back to

1195
01:46:52,639 --> 01:46:58,000
whatever the requirement would be for
commercial industrial use against an

1196
01:46:56,000 --> 01:47:03,119
agricultural residential. Correct. Along
the So, which is already in the

1197
01:47:00,560 --> 01:47:06,159
landscape ordinance currently. Yep.
>> This was just trying to get more of a

1198
01:47:04,480 --> 01:47:13,520
solid
instead of we have different deciduous

1199
01:47:09,520 --> 01:47:18,880
and evergreens and you know
>> Nicole since we've adopted the new

1200
01:47:16,159 --> 01:47:24,159
landscape ordinance because
when I started here in '08 the original

1201
01:47:22,000 --> 01:47:28,239
landscape ordinance was so packed with
materials that

1202
01:47:26,239 --> 01:47:31,520
» we were costing everybody a fortune
replanting every couple of years and

1203
01:47:29,840 --> 01:47:35,119
they wouldn't survive and nothing
survived.

1204
01:47:32,639 --> 01:47:39,520
Have we had any major
do we have any major data points as to

1205
01:47:37,840 --> 01:47:42,639
whether or not we're on the right right
track because it's what been about 10

1206
01:47:41,600 --> 01:47:46,000
years
>> is

1207
01:47:43,440 --> 01:47:54,960
» yeah what no well
>> because yeah I wrote that in 2012 2013 I

1208
01:47:49,840 --> 01:48:00,320
think we didn't hear it until 201
about 10 years back

1209
01:47:57,280 --> 01:48:03,840
» really the only thing on there is um we
haven't had complaints as far as far as

1210
01:48:01,920 --> 01:48:08,000
the
original starting with it. It gets into

1211
01:48:06,480 --> 01:48:12,239
whether they come in for a variance
later or I don't want the trees because

1212
01:48:10,239 --> 01:48:17,840
I don't want the birds pooping on the
cars or um

1213
01:48:16,000 --> 01:48:24,080
an excuse at BZA.
>> Um so they've gone through BZA

1214
01:48:21,520 --> 01:48:28,320
but we haven't seen anything as far as
oh I can't replant that and because it's

1215
01:48:26,159 --> 01:48:30,960
dying because it's too close or anything
like that.

1216
01:48:28,880 --> 01:48:37,360
» Right.
So following our landscape ordinance

1217
01:48:32,960 --> 01:48:40,560
would be character of the county as far
as the data points that we have.

1218
01:48:39,119 --> 01:48:48,080
» Y okay.
>> Um now this was just a way of getting um

1219
01:48:44,320 --> 01:48:54,679
the some rollingness to it and maybe to
try to avoid the shrubs included in that

1220
01:48:51,679 --> 01:48:54,679
um

1221
01:48:54,880 --> 01:49:04,000
void um enforcement later.
Trees do better. I think that can be

1222
01:49:01,040 --> 01:49:08,400
mathematically
figured out if

1223
01:49:06,880 --> 01:49:12,639
» we tend to have less enforcement on
trees than we do we have more

1224
01:49:09,760 --> 01:49:14,880
enforcement on shrubs dying than we do
trees.

1225
01:49:13,199 --> 01:49:18,800
» Correct. I I was thinking more along the
lines of just the amount of dirt and top

1226
01:49:17,440 --> 01:49:23,440
soil that you're going to need to
construct it.

1227
01:49:21,360 --> 01:49:29,760
Maybe everybody really wants the 10-ft
BM because you can't see it, but then it

1228
01:49:25,360 --> 01:49:36,480
adds another whatever $20,000 cost to
the project. That then becomes

1229
01:49:33,600 --> 01:49:40,080
» it becomes a a a
>> The other problem too that it's been

1230
01:49:38,080 --> 01:49:45,360
brought up and that's as far as doing
the rolling and not just a solid burm is

1231
01:49:42,880 --> 01:49:51,440
it does put the pressure on as far as
drainage too.

1232
01:49:47,040 --> 01:49:56,400
» Um then you've got I mean 10 foot BM
animals as well, but you've got a lot

1233
01:49:53,760 --> 01:50:00,320
with to do with drainage that tends to
therefore the rolling at least allows

1234
01:49:58,639 --> 01:50:06,880
some of that to
>> unpour all of the options. I'm I'm not

1235
01:50:03,040 --> 01:50:11,280
going to sit here and and
>> shake my fist to say it has to be x

1236
01:50:09,280 --> 01:50:16,880
number. If if somebody has a good
architectural landscape

1237
01:50:14,239 --> 01:50:21,199
» person that says that we can do a nice
rolling gentle to break up the line of

1238
01:50:19,840 --> 01:50:25,760
sight and then we're going to plant
trees on top of it and that kind of is

1239
01:50:23,440 --> 01:50:30,560
cost effective
>> way to construct it and it

1240
01:50:28,560 --> 01:50:34,239
» gets everything up to speed a lot faster
rather than trying to figure out where

1241
01:50:32,320 --> 01:50:36,239
you're going to find the extra 20,000
yards of dirt.

1242
01:50:35,280 --> 01:50:39,840
» Yeah, I know.
>> Well, and one of the things that you got

1243
01:50:37,520 --> 01:50:43,520
to think of too is
depending on the height of the burm. So

1244
01:50:41,280 --> 01:50:47,760
the smaller the smaller you make the
burm

1245
01:50:45,199 --> 01:50:52,159
closer it is to the natural ground.
>> You've got to be careful of what type of

1246
01:50:49,360 --> 01:50:57,360
trees you plant on top of a burm.
>> Um so you're looking at

1247
01:50:54,159 --> 01:51:02,560
» more likely deciduous trees
>> um that are medium small to medium

1248
01:51:00,080 --> 01:51:06,880
height because of this by the time the
root system grows. Then if they have the

1249
01:51:05,520 --> 01:51:09,520
further down they have to go to spread
out the

1250
01:51:08,480 --> 01:51:13,119
» just not as
>> and the white pines need water and you

1251
01:51:11,600 --> 01:51:16,800
put them up on top of a hill they dry
out quick and they die.

1252
01:51:15,520 --> 01:51:20,639
» You're going to end up coming up so
much.

1253
01:51:17,280 --> 01:51:22,400
» Um so that's reasoning behind not making
it as tall.

1254
01:51:21,280 --> 01:51:25,440
» I just did a Google
>> to be able to do that. That's why it was

1255
01:51:24,000 --> 01:51:28,320
stated to put the trees in front of the
burming

1256
01:51:26,480 --> 01:51:32,239
» and also what it does is an evergreen
tree. Depending on the type of tree, it

1257
01:51:30,800 --> 01:51:36,239
could either be low to the ground or it
could be a little higher up

1258
01:51:34,159 --> 01:51:40,560
» once it starts growing and at least a
burn breaks up that possible looking

1259
01:51:38,320 --> 01:51:45,280
underneath an evergreen tree.
>> So, those were the reasons why of

1260
01:51:42,960 --> 01:51:50,080
sticking to that way. But if it's easier
because the ordinance is already in

1261
01:51:46,639 --> 01:51:54,480
place and referring to that
>> um and that's if the board wants to put

1262
01:51:52,080 --> 01:52:00,400
in landscaping to have the possibility
of a reduction.

1263
01:51:56,800 --> 01:52:06,000
Um so what we were looking at was if we
what we were looking at is 400 feet we

1264
01:52:03,440 --> 01:52:12,560
don't have requirement of landscaping
just with the magnitude of the setback

1265
01:52:08,880 --> 01:52:18,639
to get closer they have to do something.
Um and it was that way before. Um but

1266
01:52:16,159 --> 01:52:21,119
it's really on how
I mean either which way

1267
01:52:20,400 --> 01:52:25,199
» talking about
>> the board

1268
01:52:22,239 --> 01:52:30,199
» 60
makes sense.

1269
01:52:27,040 --> 01:52:30,199
» I mean

1270
01:52:30,560 --> 01:52:35,840
» and auction
>> and I don't um

1271
01:52:34,480 --> 01:52:38,880
» that's a lot of ground. may not have to
look at the spruces from what I've been

1272
01:52:37,360 --> 01:52:43,920
told about the spruces here in Indiana
and that it could but um at least

1273
01:52:40,880 --> 01:52:48,159
spruces in Indiana don't survive as long
because they're more um up to diseases

1274
01:52:46,320 --> 01:52:54,560
and pest
>> um so that's why we say native evergreen

1275
01:52:52,239 --> 01:52:58,159
just because we know what the native
trees here do with this environment.

1276
01:52:56,880 --> 01:53:00,480
» I can't remember the name. There is a
spruce that I found but I didn't write

1277
01:52:59,760 --> 01:53:03,520
the name
>> native to India.

1278
01:53:02,159 --> 01:53:06,800
» It's not a native though. That's the
thing is there's none of the native ones

1279
01:53:05,440 --> 01:53:12,400
are.
>> So that's that's my only

1280
01:53:10,000 --> 01:53:17,000
» experience with spruces in the area for
Indiana at least.

1281
01:53:14,000 --> 01:53:17,000
» Um

1282
01:53:18,080 --> 01:53:26,320
» all right. So we'll move on then to
minimum setback um to B which is minimum

1283
01:53:23,599 --> 01:53:33,599
setback from adjacent non
participating property lines. um we have

1284
01:53:30,080 --> 01:53:39,280
it as 200 um feet
and the setback may be re be able to be

1285
01:53:35,920 --> 01:53:48,280
reduced to 100 feet if there's a uh
waiver written consent by the adjoiner.

1286
01:53:42,880 --> 01:53:48,280
Um trying to see if we have two

1287
01:53:50,320 --> 01:53:57,040
um one of the comments is 200 feet is
for non-participating property line is

1288
01:53:55,040 --> 01:54:00,040
an inadequate
and

1289
01:54:02,800 --> 01:54:12,360
uh remove adjacent. We would like it to
be all no participating property lines.

1290
01:54:13,360 --> 01:54:19,440
Um
>> excuse me, Dennis.

1291
01:54:17,440 --> 01:54:23,040
» I get one minute comment from
>> when we open we open.

1292
01:54:21,520 --> 01:54:28,880
» I'm asking the chairman if we can motion
for one minute comment on the burn from

1293
01:54:25,440 --> 01:54:32,159
a professional perspective on education.
I'm just going to ask you to wait until

1294
01:54:30,560 --> 01:54:37,360
we open up for comment for the whole
section, please.

1295
01:54:34,719 --> 01:54:40,560
» Um I'm not sure that what you guys mean
by

1296
01:54:38,320 --> 01:54:47,159
» just so that it's all nonparticipating
property lines, not just

1297
01:54:43,520 --> 01:54:47,159
any participating.

1298
01:54:48,480 --> 01:54:57,520
» But if it's not if it's nonparticipating
and a joining, what would

1299
01:54:53,199 --> 01:55:02,960
non-participating wear?
like two houses down.

1300
01:55:01,040 --> 01:55:07,760
That's what I'm not understanding.
>> I guess we were just weren't

1301
01:55:04,880 --> 01:55:12,880
understanding what you
what what your intent what the intent

1302
01:55:09,440 --> 01:55:18,320
» adjacent is.
>> Yeah. So, anything if this is the solar,

1303
01:55:16,239 --> 01:55:23,840
it would be any of these people around
the four corners of the property.

1304
01:55:21,440 --> 01:55:27,520
» Okay. Someone brought it up and we I
guess got

1305
01:55:25,760 --> 01:55:31,440
misinterpreted.
>> So the only other time that we do um

1306
01:55:29,679 --> 01:55:34,639
also adjacent would be is if this
property comes off this corner, this

1307
01:55:32,880 --> 01:55:39,440
property comes off this corner, we
include this property that has the four

1308
01:55:36,639 --> 01:55:44,719
corners.
>> So it's the definition that we use for

1309
01:55:41,760 --> 01:55:50,560
even our notifications. Anybody that and
it's across the street that there's a

1310
01:55:47,360 --> 01:55:54,800
front yard setback that's more. So, um,
but if there's say it's a particular

1311
01:55:52,960 --> 01:55:59,239
parcel that's out and doesn't have front
yard, it would be all these

1312
01:56:00,080 --> 01:56:03,080
adjacent.

1313
01:56:05,119 --> 01:56:08,760
So, I'm not sure

1314
01:56:09,520 --> 01:56:15,560
what that meant.
Um

1315
01:56:17,440 --> 01:56:26,800
um does anybody have any comments on the
200 feet or anything with the waiver?

1316
01:56:24,719 --> 01:56:32,560
» Um I mean I think if they have the
ability to reduce the setback I think it

1317
01:56:30,400 --> 01:56:38,800
could be fair to increase our setback. I
know Spencer County had um solar panel

1318
01:56:36,159 --> 01:56:43,280
must be a thousand foot or more from the
property line. And I think that's like

1319
01:56:40,080 --> 01:56:48,719
the most extreme for our state. Um but
if average um is 450, I think that

1320
01:56:46,320 --> 01:56:53,920
that's a fair ask with the potential to
reduce if that's if that's in the

1321
01:56:51,199 --> 01:56:55,840
» 450 was just
>> Was that average of

1322
01:56:55,119 --> 01:57:01,639
» average
>> front yard or was that side just

1323
01:56:58,639 --> 01:57:01,639
setbacks?

1324
01:57:01,760 --> 01:57:07,159
» And I'm just throwing that out. It could
be 400. Mhm.

1325
01:57:07,199 --> 01:57:16,239
» But I mean, the the one from Spencer
County, that ordinance went through in

1326
01:57:11,440 --> 01:57:22,320
like 2023, and I I'm not sure if there's
any litigation in action over over that

1327
01:57:20,239 --> 01:57:27,920
setback. But, I mean, if it's been
around for going on three years now, it

1328
01:57:25,520 --> 01:57:32,520
if it fits the character of our of our
county, it could make sense.

1329
01:57:34,159 --> 01:57:39,360
Depending on how we do these setbacks,
that could take care of some other

1330
01:57:37,599 --> 01:57:43,679
things down the road, like the noise
decibb.

1331
01:57:41,360 --> 01:57:47,440
» I mean, if if you're, you know, a
football and a half, you're you're

1332
01:57:45,679 --> 01:57:51,679
probably not going to hear anything and
you're probably not going to feel

1333
01:57:48,639 --> 01:57:57,840
anything. So, I think that adds a level
of of security and for the folks that

1334
01:57:55,520 --> 01:58:01,360
potentially could have a solar fund next
month.

1335
01:57:59,440 --> 01:58:08,719
And that that that that was one of the
reasons we had added a setback for um

1336
01:58:05,599 --> 01:58:13,040
inverters in addition to so inverters
would have a 600 foot setback from any

1337
01:58:11,760 --> 01:58:14,560
property line.
>> 600 ft.

1338
01:58:14,000 --> 01:58:18,080
» Mhm.
>> You know how many yards that is?

1339
01:58:16,320 --> 01:58:21,760
» So that would be from And that's so the
inverters

1340
01:58:20,159 --> 01:58:25,920
» yards.
600 feet is two football fields. Yep.

1341
01:58:24,560 --> 01:58:30,080
» But they're not Yeah. That would keep
the inverters though away from the

1342
01:58:27,599 --> 01:58:34,960
property line for the noise.
>> And if you increase that

1343
01:58:33,760 --> 01:58:41,360
football field, you're telling me it's
going to be they're that loud.

1344
01:58:37,840 --> 01:58:44,159
» No, in my opinion, I don't. But
>> well, I can tell you what's louder and

1345
01:58:42,719 --> 01:58:46,480
that's the high tension lines.
>> Mhm.

1346
01:58:46,080 --> 01:58:48,719
» Yeah,
>> I know.

1347
01:58:47,199 --> 01:58:52,480
» We can't do anything about that.
>> I know. So

1348
01:58:50,800 --> 01:58:57,199
» yes, those are
>> high lines where I can hear them a

1349
01:58:54,320 --> 01:59:03,440
thousand feet away.
>> Well, what the purpose of the um

1350
01:59:01,199 --> 01:59:08,320
just sorry bouncing around, but the
purpose of the 600 was tried to keep and

1351
01:59:06,560 --> 01:59:14,320
more or less put a restriction on there
to try to keep the inverters in the

1352
01:59:09,840 --> 01:59:19,840
interior of the development um which
would help with noise. So more you can

1353
01:59:17,280 --> 01:59:24,080
concentrate those into the center um I
think better

1354
01:59:21,679 --> 01:59:28,320
no matter the noise level um and kind of
gets rid of the

1355
01:59:26,000 --> 01:59:31,280
» where do you measure the 600 ft from
>> property lines any property line or

1356
01:59:30,159 --> 01:59:34,560
center line.
>> So where the property line starts you go

1357
01:59:33,760 --> 01:59:38,239
600 ft
>> and that's where you can put the

1358
01:59:35,760 --> 01:59:40,719
inverter
>> no the inverters are back here.

1359
01:59:39,920 --> 01:59:43,920
» Yes I mean it
>> yeah to the property line

1360
01:59:42,159 --> 01:59:51,080
» right at the property line. There you go
600 feet. That's a lot. I know.

1361
01:59:47,679 --> 01:59:51,080
» That's a lot.

1362
02:00:01,679 --> 02:00:10,560
» If you use a 200 foot setback on a 100
acre farm,

1363
02:00:06,719 --> 02:00:14,599
» you end up with about 62 63 usable acres
per project, right?

1364
02:00:15,679 --> 02:00:25,119
What my concern is is what if you don't
maintain that 200 ft.

1365
02:00:22,400 --> 02:00:28,239
It's
I mean it's got to be maintained because

1366
02:00:26,639 --> 02:00:32,719
it has to have landscaping. That's
right. It has to

1367
02:00:30,639 --> 02:00:38,480
I mean 200 foot we don't state need to
burn but that's just a lot of ground to

1368
02:00:36,000 --> 02:00:41,440
be laying there idle that can't you
you're not nobody's going to farm a 200

1369
02:00:40,480 --> 02:00:45,599
foot strip.
>> No.

1370
02:00:43,840 --> 02:00:49,920
And you know, they couldn't even farm a
200 foot strip anyway because by the

1371
02:00:47,440 --> 02:00:52,800
time you put in the landscaping and
everything,

1372
02:00:51,280 --> 02:00:57,199
» you're lucky if you have 10 ft.
>> You know, you're going to get two passes

1373
02:00:54,159 --> 02:01:06,440
with that 110 horse tractor, you can't
afford to move the equipment to do that.

1374
02:01:00,719 --> 02:01:06,440
So if a project would come,

1375
02:01:09,920 --> 02:01:15,599
how much ground are we just going to
have laying out there idle that isn't in

1376
02:01:14,000 --> 02:01:18,920
production but can't be used for
anything else?

1377
02:01:19,440 --> 02:01:23,400
It's just something to think about.

1378
02:01:24,480 --> 02:01:28,119
I think we are.

1379
02:01:29,119 --> 02:01:32,440
Okay. Um,

1380
02:01:33,920 --> 02:01:40,679
so I think that as far as the setbacks,
I think there's going to be a um

1381
02:01:43,440 --> 02:01:51,040
differences on what does anybody have a
heartburn over

1382
02:01:49,280 --> 02:01:59,159
uh reducing it no matter what the
setback is on the side and rear? Um, if

1383
02:01:54,880 --> 02:01:59,159
the joiner signs a waiver,

1384
02:02:00,239 --> 02:02:07,840
» I think if the adjoining property owners
have like had a conversation and they

1385
02:02:03,840 --> 02:02:11,360
sign and agree, then
that would be all right. Right.

1386
02:02:09,840 --> 02:02:14,480
» I have no problem with it.
>> I have no problem with that. I don't

1387
02:02:13,119 --> 02:02:20,159
either.
>> Okay. Um,

1388
02:02:18,239 --> 02:02:25,440
so,
um, like I said, we had 600 feet for the

1389
02:02:22,960 --> 02:02:27,920
inverters. Um, we didn't have the
stipulation of, uh, signing an agreement

1390
02:02:27,599 --> 02:02:31,440
with that.
>> Are we agreeing on the 600 ft?

1391
02:02:29,679 --> 02:02:33,840
» No, we're not because I know there's a
couple different things.

1392
02:02:32,400 --> 02:02:37,679
» I like debating with you.
>> Yeah.

1393
02:02:35,760 --> 02:02:41,840
No, I think there's I think what we've
heard is there's a couple different

1394
02:02:39,040 --> 02:02:46,239
opinions on the setback. What I wanted
to try to do is get through and I think

1395
02:02:43,760 --> 02:02:50,480
everybody if we're giving the opinions
on the setback I think everybody's heard

1396
02:02:48,800 --> 02:02:55,280
them. I think everybody needs to think
about them. Um,

1397
02:02:53,119 --> 02:03:02,320
and then I think it that so right now
the way I'm seeing it is if we're not

1398
02:02:58,880 --> 02:03:07,679
agreeing upon a number, what I think it
needs to be is whether we take the

1399
02:03:05,040 --> 02:03:12,239
board's going to have to take a vote on
these particular issues if there's so

1400
02:03:10,880 --> 02:03:16,239
this is kind of one of those ones that
I'm seeing the first disagreement and I

1401
02:03:15,199 --> 02:03:22,480
think that's what's going to have to
happen. Um, it's going to have to be a

1402
02:03:19,199 --> 02:03:26,560
motion of I believe this who seconds it,
you know, I think we're just and then

1403
02:03:24,159 --> 02:03:33,679
till we get to a motion that sticks with
the setback. Um,

1404
02:03:30,080 --> 02:03:37,520
that's the way I see it um happening if
it can't be agreed upon, you know, just

1405
02:03:36,000 --> 02:03:41,199
in conversation
>> right now. But I think right now I want

1406
02:03:39,440 --> 02:03:45,760
that everybody at least to hear what
everybody thinks and then they can think

1407
02:03:43,280 --> 02:03:50,080
about it. Um so you know we've discussed
and we've advertised for a special

1408
02:03:47,760 --> 02:03:54,639
meeting on the 21st and having your
opinions

1409
02:03:52,000 --> 02:04:00,719
you know this is a big topic having your
opinions on those and you know um that

1410
02:03:59,360 --> 02:04:05,880
would probably be a question for you.
Are they able to do like non voting

1411
02:04:07,119 --> 02:04:13,920
» 21st?
>> So it's like on the 21st if they

1412
02:04:12,800 --> 02:04:16,880
» don't know I think it is
>> it is Monday

1413
02:04:14,800 --> 02:04:20,719
» have different still different opinions.
>> I will not be here the 21st.

1414
02:04:18,719 --> 02:04:24,960
» Okay. If they have different opinions
and they want to vote or should we leave

1415
02:04:22,960 --> 02:04:30,239
that to the final vote whatever final
vote we have of the ordinance as a whole

1416
02:04:28,239 --> 02:04:34,800
the setbacks because it looks like
Certainly if there's if somebody's

1417
02:04:33,119 --> 02:04:38,880
proposing a thousand, somebody's
proposing 200 or whatever in the middle,

1418
02:04:37,119 --> 02:04:42,400
I mean certain the chair could certainly
go down the line and say, "Hey, what are

1419
02:04:40,320 --> 02:04:45,360
your thoughts on the distance?" and give
an idea of where the board comes down on

1420
02:04:44,560 --> 02:04:48,960
it.
>> But we could still do when we do a final

1421
02:04:47,199 --> 02:04:53,520
vote on the ordinance, if there's still
stipulation, we could do a separate vote

1422
02:04:50,719 --> 02:04:57,199
for each topic that they may not agree
upon. Is that a way or do they have to

1423
02:04:56,080 --> 02:05:02,480
do the whole
>> ultimately the only has to be formally

1424
02:05:00,400 --> 02:05:07,360
voted on is what their recommendation is
going to be on the final draft.

1425
02:05:04,960 --> 02:05:12,320
» So I mean I mean it's more of like an
informal polling. Okay, you know but but

1426
02:05:09,599 --> 02:05:14,639
the formal vote is the final action is
going to be on what the recommendations

1427
02:05:14,000 --> 02:05:19,119
for the whole thing.
>> So it' be more informal to try to get

1428
02:05:16,480 --> 02:05:23,280
where you guys stick. So, as far as some
of these setbacks, I think it's looking

1429
02:05:21,040 --> 02:05:27,840
at it, hearing everybody's discussion
here tonight and try to have some, you

1430
02:05:25,040 --> 02:05:30,800
know, something in mind or further
discussions on the 21st about it.

1431
02:05:29,840 --> 02:05:35,679
» Well, that way we can
>> we're going to have further discussions

1432
02:05:32,239 --> 02:05:39,119
on the 21st about it regardless because
>> we're going to have to get the public's

1433
02:05:37,119 --> 02:05:44,560
input on these setbacks before we can
even form our own Congress.

1434
02:05:43,280 --> 02:05:47,560
» Okay.
Um

1435
02:05:48,159 --> 02:05:58,960
so then we have minimum setback for um
residential water wells. Um

1436
02:05:55,440 --> 02:06:05,040
200 ft was chosen. Um I asked the health
department what the setback was from

1437
02:06:02,320 --> 02:06:10,800
water wells to commercial septic site
and it was 200 feet. Um, so that's the

1438
02:06:08,560 --> 02:06:15,360
distance of the the reasoning I chose
the distance of a commercial septic

1439
02:06:12,719 --> 02:06:19,679
because residential septic uh is only
required to be 50 feet from a well. So I

1440
02:06:18,080 --> 02:06:24,000
went with the either more with the
commercial septic.

1441
02:06:21,679 --> 02:06:28,159
Um the minimum setback to flood plane
waterways um we have that is 50 feet.

1442
02:06:27,599 --> 02:06:33,000
Um,
>> would you pages?

1443
02:06:29,679 --> 02:06:33,000
» Oh, sorry.

1444
02:06:39,199 --> 02:06:48,320
So the setbacks for waterways um for
flood planes, floodways 50 feet and then

1445
02:06:45,280 --> 02:06:55,520
minimum setback for accessory structures
um these would be for storage only um 30

1446
02:06:52,639 --> 02:07:00,000
ft from adjacent or property lines along
the um side and it would be 80 ft from

1447
02:06:58,320 --> 02:07:06,639
the center line of the road. more than
likely that whether or not they do their

1448
02:07:03,040 --> 02:07:10,639
fencing, even if you say solar
has to be 400 feet, if they decide to

1449
02:07:09,040 --> 02:07:16,000
put their fencing in some accessory
structures, meaning that um they would

1450
02:07:13,679 --> 02:07:19,440
be able to do 80 ft from the center line
of the road.

1451
02:07:17,840 --> 02:07:25,280
Um
and these would not be any these would

1452
02:07:21,520 --> 02:07:30,800
be could not be used for any battery
storage or electronics uh for live

1453
02:07:28,159 --> 02:07:34,560
electronics. These would be um accessory
structures um that are used for

1454
02:07:33,119 --> 02:07:38,000
materials that they would need to keep
on site rather than having them outside

1455
02:07:36,719 --> 02:07:45,840
putting them into an accessory
structure. And then the setbacks from

1456
02:07:41,360 --> 02:07:50,639
schools um 15 or 10,560 ft.
>> Why don't you just say two miles?

1457
02:07:48,239 --> 02:07:55,639
» Why don't you just say two miles?
>> Well, because everything else is in feet

1458
02:07:51,840 --> 02:07:55,639
and that's why we did feet.

1459
02:07:58,639 --> 02:08:04,000
That's the only thing that's not in my
feet is in the is the

1460
02:08:03,040 --> 02:08:10,040
service.
>> Can we do we do that chains?

1461
02:08:05,920 --> 02:08:10,040
» We want to do that chains.

1462
02:08:11,679 --> 02:08:17,079
» Sorry.
>> You too.

1463
02:08:17,280 --> 02:08:21,480
» Okay. Um,

1464
02:08:22,400 --> 02:08:28,639
» for those that don't know, a chain is an
old surveying measurement instrument.

1465
02:08:25,920 --> 02:08:31,599
That's why we find it so amusing.
>> This is a joke that only two people got.

1466
02:08:30,560 --> 02:08:34,079
» Tell them how many
>> the two surveyors in the room

1467
02:08:33,040 --> 02:08:38,679
understood.
>> But that being said, I find it hard to

1468
02:08:35,679 --> 02:08:38,679
fathom.

1469
02:08:40,239 --> 02:08:50,000
» So then the one there was an additional
let me make sure um someone stated 30

1470
02:08:46,719 --> 02:08:58,719
feet on sex structure. It's inadequate
for non-electrified items. Um

1471
02:08:55,599 --> 02:09:04,960
and then the committee said add more
protection for other dwellings such as

1472
02:09:02,239 --> 02:09:10,520
what would be dwellings but other um
non-residential such as churches, parks,

1473
02:09:07,040 --> 02:09:10,520
and community buildings.

1474
02:09:12,960 --> 02:09:15,960
Anybody

1475
02:09:18,480 --> 02:09:21,719
have any?

1476
02:09:28,159 --> 02:09:37,040
I mean, I guess I can see
the need for a setback around a park.

1477
02:09:34,560 --> 02:09:41,760
» Yeah. Um
I I don't have any heartburn adding that

1478
02:09:40,400 --> 02:09:49,079
» like additional to where the project
couldn't be as close to or the the

1479
02:09:44,560 --> 02:09:49,079
setback if they had join a park.

1480
02:09:54,880 --> 02:10:01,520
» I guess it's something I'll have to get
>> or a better opinion on. But I mean I can

1481
02:09:59,920 --> 02:10:05,119
understand
the reasoning behind that.

1482
02:10:03,440 --> 02:10:10,320
» Okay.
I will add that as it

1483
02:10:07,599 --> 02:10:13,320
» I mean is that um anybody else have an
opinion?

1484
02:10:16,159 --> 02:10:19,400
» Not really.

1485
02:10:21,360 --> 02:10:25,079
» I'm sure you do.

1486
02:10:36,480 --> 02:10:45,480
I mean, I could see community buildings
being what they're in the dwelling

1487
02:10:39,599 --> 02:10:45,480
units. Um, so effects.

1488
02:10:52,000 --> 02:10:57,199
» Okay.
So then

1489
02:10:55,360 --> 02:11:01,079
» Nicole, we got one question before we
get too far away from setbacks.

1490
02:11:01,199 --> 02:11:08,400
Maybe I missed it with all the
paperwork. If you have two properties

1491
02:11:05,040 --> 02:11:16,000
next to each other touching each other
and they decide to go in on a solar

1492
02:11:12,560 --> 02:11:20,760
agreement, do we have any?
>> They can go they can go right across

1493
02:11:17,760 --> 02:11:20,760
property.

1494
02:11:22,000 --> 02:11:29,599
we can add a setback as far as that, but
most time as far as with if they're two

1495
02:11:26,560 --> 02:11:34,560
different properties. Um what I would
suggest is maybe a setback, you know,

1496
02:11:32,000 --> 02:11:40,880
put 10 feet or something just for the
fact of different ownership of it. Um,

1497
02:11:38,000 --> 02:11:45,040
you know, because if you typically on
people that have prop different

1498
02:11:43,280 --> 02:11:48,560
properties and they're joining, we'll do
a contiguous lot form so they could

1499
02:11:47,040 --> 02:11:53,920
build over the property, but it's the
same owner because we can't do that with

1500
02:11:50,719 --> 02:11:58,639
this. Um, we probably should put a set
back in there at least 10 feet or so,

1501
02:11:55,679 --> 02:12:03,360
but I wasn't looking at a setback
internally to each other

1502
02:12:01,440 --> 02:12:09,119
of the same project. Uh just gets into
land use with

1503
02:12:05,760 --> 02:12:13,360
if you still want to keep a fence run
livestock on your property with the

1504
02:12:10,960 --> 02:12:16,400
solar panels.
So you're still going to need a fence to

1505
02:12:15,040 --> 02:12:18,960
separate it from your neighbor if
>> they're going to have

1506
02:12:17,280 --> 02:12:23,239
» and then that means you've only got five
feet to the edge of the solar panel.

1507
02:12:24,800 --> 02:12:33,079
» All right.
>> 10 feet with without a fence and more

1508
02:12:29,679 --> 02:12:33,079
with a fence.

1509
02:12:36,159 --> 02:12:44,960
Yeah, probably something like that. Just
just as much flexibility to

1510
02:12:41,840 --> 02:12:49,719
configure your
your array as possible.

1511
02:12:46,719 --> 02:12:49,719
» Mhm.

1512
02:12:53,599 --> 02:12:59,719
» If different owners.
>> That's correct.

1513
02:12:56,000 --> 02:12:59,719
» Yes. Yes.

1514
02:13:12,159 --> 02:13:21,400
anything else generally or opinion wise
on any of the setbacks before we move

1515
02:13:18,400 --> 02:13:21,400
on.

1516
02:13:22,719 --> 02:13:28,320
» I have an average in state of Indiana
for inverters if you want that or you

1517
02:13:26,719 --> 02:13:33,440
want to wait. No, if you have the
inverters

1518
02:13:30,239 --> 02:13:37,159
» says ranges from 25 ft to 250
>> from the property line.

1519
02:13:39,440 --> 02:13:45,360
» Is that with or without your burn?
>> What's that?

1520
02:13:41,840 --> 02:13:48,920
» Is that with or without your BM?
>> We want the burn.

1521
02:13:50,480 --> 02:13:53,480
» Okay.

1522
02:13:54,000 --> 02:13:59,440
» By the way, 600 ft is two football
fields.

1523
02:13:57,920 --> 02:14:04,000
figured it out.
>> Um, all right. So, moving on to height

1524
02:14:02,400 --> 02:14:09,360
limits.
Um,

1525
02:14:06,480 --> 02:14:17,920
three.
Um, from a citizen's email requesting

1526
02:14:13,520 --> 02:14:23,520
maximum height to be 10 ft. Um, and then
I know the citizens advisory committee

1527
02:14:21,199 --> 02:14:31,360
didn't say 10 feet. They just wanted it
um across the board the consistent

1528
02:14:27,119 --> 02:14:36,639
um making the max 15 ft. Um
so just to clarify that the so

1529
02:14:33,920 --> 02:14:44,960
consistent through the the ordinance the
height max height is 15 ft. Um where it

1530
02:14:40,400 --> 02:14:48,800
differs is two areas. Um is if they can
prove and show that they're going to do

1531
02:14:46,639 --> 02:14:54,320
aggravates and the reasoning why they
want it higher than 15 ft. Um, is it the

1532
02:14:52,320 --> 02:14:59,599
animal? Is it the mo, you know, what is
it that requires it higher than the 15

1533
02:14:56,960 --> 02:15:04,880
ft? And then there's another part in the
ordinance that says something about 20

1534
02:15:01,920 --> 02:15:08,480
ft, but that is an addition that we put
in there because if they come for

1535
02:15:06,719 --> 02:15:12,480
variance or through the conditional use
process, they ask for variance to

1536
02:15:10,000 --> 02:15:17,920
increase the height if for some reason
they increase the height to 20 feet or

1537
02:15:14,639 --> 02:15:23,679
plus, even if it's canopy.
So any solar that's higher than that has

1538
02:15:20,639 --> 02:15:28,560
to have a structural engineer
on top, you know, with additional

1539
02:15:25,599 --> 02:15:33,040
paperwork and through their submitt. So
those are the only two reasons for any

1540
02:15:30,639 --> 02:15:39,239
inconsistencies of the 15, but across
the board it's 15

1541
02:15:36,239 --> 02:15:39,239
um

1542
02:15:40,800 --> 02:15:44,360
except for the aggravates.

1543
02:15:46,079 --> 02:15:54,719
This a 15 foot something that is in
another one that's the reason I asked

1544
02:15:52,000 --> 02:15:58,040
» it's ranges from 10 to 15.
>> I mean I

1545
02:15:59,760 --> 02:16:07,079
don't know if solar panels are
standardized. If they're not um

1546
02:16:08,079 --> 02:16:17,840
I mean if that's the number that other
counties are using I guess that's okay.

1547
02:16:15,520 --> 02:16:22,280
So that's just that's the range 10 to
15. Um

1548
02:16:24,639 --> 02:16:28,960
» I I don't have any
>> and it's one of the I mean just one of

1549
02:16:27,280 --> 02:16:35,040
the stipulations as far as even the
height going there um is typically the

1550
02:16:32,160 --> 02:16:40,639
bottom they want three to four feet from
the ground because of grasses. So they

1551
02:16:37,920 --> 02:16:45,519
don't want that interference of the sun.
So they're for at least at the bottom.

1552
02:16:43,840 --> 02:16:49,840
Um
that's generally where they start is the

1553
02:16:47,120 --> 02:16:56,120
three or four and then they go up. So it
just gives the option of that. Um

1554
02:16:57,280 --> 02:17:00,280
but

1555
02:17:01,120 --> 02:17:05,880
» that's all I had. Um,

1556
02:17:05,920 --> 02:17:12,880
and then we have the aggravates
management plan in there if they have

1557
02:17:10,639 --> 02:17:16,800
for them to be able to do it in the 12
months.

1558
02:17:14,479 --> 02:17:21,960
It's in there as an option. Um, it
doesn't have to be in there as an

1559
02:17:18,160 --> 02:17:21,960
option. Um,

1560
02:17:22,719 --> 02:17:30,639
it's I mean, I really think it's
something neat that's available

1561
02:17:27,679 --> 02:17:35,200
to it. um that there's other things that
they could do with the property if they

1562
02:17:32,000 --> 02:17:37,599
choose to. Um but if they choose to, I
think we have to have we should have

1563
02:17:36,479 --> 02:17:41,760
something in place that they have to
prove what they're doing. Um so that's

1564
02:17:40,479 --> 02:17:45,760
why it's in there and that's why the
allowance, but the allowance isn't given

1565
02:17:43,679 --> 02:17:52,000
if they can't prove what they're doing
and can't maintain it. Um so and if it's

1566
02:17:50,559 --> 02:17:57,599
a violation, they have to correct it and
they have to lower it. Just plain and

1567
02:17:53,679 --> 02:18:01,280
simple if they don't follow it. Um so um
they would have to correct everything

1568
02:17:59,120 --> 02:18:08,319
within the 12 months with written notice
if they are in violation of it. Um, so

1569
02:18:06,800 --> 02:18:14,399
does anybody have any issues with the
aggravates or just being an option

1570
02:18:12,559 --> 02:18:18,240
for the height increase approving it
though when they So at this point what

1571
02:18:16,800 --> 02:18:21,840
would happen is they would have to if
they're coming to the through a

1572
02:18:20,240 --> 02:18:25,519
conditional use process to the board of
zoning appeals and they want that height

1573
02:18:24,319 --> 02:18:29,920
increase they're going to have to prove
it at that point. They don't have to

1574
02:18:28,479 --> 02:18:34,160
they they have to prove what they're
doing and then come permitting if

1575
02:18:32,080 --> 02:18:38,240
they're approved for it that permitting
part they're going to have to have that

1576
02:18:36,240 --> 02:18:42,559
plan in place of what exactly they're
doing

1577
02:18:39,920 --> 02:18:45,920
um to go with their permit. So there's a
couple checks in there if they choose to

1578
02:18:44,240 --> 02:18:50,960
do that, but they have to prove what
they're doing to get that height

1579
02:18:48,800 --> 02:18:53,960
to it.
Um

1580
02:18:54,880 --> 02:19:06,319
and then we move on to fencing. Um
fencing um we have it as they have to

1581
02:19:03,120 --> 02:19:12,639
have six feet or 6 in. I did the same
thing someone else did at tech review. 6

1582
02:19:08,479 --> 02:19:18,399
in um from the ground is to start um
above there. That would allow the

1583
02:19:14,399 --> 02:19:24,719
animals um maximum six feet height. of
course that is to help other animals

1584
02:19:20,559 --> 02:19:32,399
jump over and then um they would have to
so the wildlife friendly um fencing um

1585
02:19:28,479 --> 02:19:36,479
it's not chain link fencing um it's more
of your agricultural fencing um what

1586
02:19:34,479 --> 02:19:43,120
they use for security purposes which
have the wider um

1587
02:19:40,160 --> 02:19:47,280
openings for the animals to go in there
that's what it's meaning um and then we

1588
02:19:45,439 --> 02:19:52,319
have also in the front in the fencing
thing that they have to have when they

1589
02:19:49,120 --> 02:19:56,399
have entrances into the estab or the
facility that they have to have gates

1590
02:19:54,399 --> 02:20:00,000
that are at least 20 ft wide and that is
to no matter what that emergency

1591
02:19:58,160 --> 02:20:06,399
vehicles can access in and out no matter
where the that gate is. So if they have

1592
02:20:04,000 --> 02:20:11,200
an entrance into it um from a public
road they're going to have to have a

1593
02:20:07,920 --> 02:20:17,200
gate that is 20 ft wide.
Um any comments, suggestions on fencing?

1594
02:20:16,160 --> 02:20:22,200
What page is that?
>> That is on page 25 and it's B.

1595
02:20:23,680 --> 02:20:26,680
» Yes,

1596
02:20:29,840 --> 02:20:36,640
» there was another county's ordinance I
read that had um stipulations for

1597
02:20:34,080 --> 02:20:40,080
wildlife corridors every so many feet.
Um and the wildlife corridor would have

1598
02:20:38,399 --> 02:20:47,439
to be like a break in the fencing at
least 25 foot wide. Um so I don't know

1599
02:20:43,760 --> 02:20:47,439
what your guys's thoughts are on

1600
02:20:49,040 --> 02:20:57,640
Well, the deer can jump six feet.
>> I know that's the fencing like that.

1601
02:20:53,600 --> 02:20:57,640
Don't even need that.

1602
02:21:04,399 --> 02:21:12,439
» How does that work? I mean, you have
cattle in there in the winter time.

1603
02:21:08,160 --> 02:21:12,439
» Somebody has to be able to get in there.

1604
02:21:12,479 --> 02:21:17,600
» No big deal.
>> Okay.

1605
02:21:15,359 --> 02:21:21,280
There have to be access
from the farmer or whoever's cat owns

1606
02:21:19,600 --> 02:21:25,280
that cattle if there's cattle in there.
>> Yeah, they would have that would be an

1607
02:21:22,880 --> 02:21:31,479
agreement between the farmer and the
company as far as the access to things.

1608
02:21:28,479 --> 02:21:31,479
» Yeah.

1609
02:21:35,760 --> 02:21:42,920
» Okay.
>> There was one question,

1610
02:21:39,680 --> 02:21:42,920
isn't it?

1611
02:21:46,479 --> 02:21:54,520
It says, but it says if the site must be
completely fenced. I thought we had it

1612
02:21:51,359 --> 02:21:54,520
or had

1613
02:21:56,960 --> 02:21:59,960
» um

1614
02:22:00,960 --> 02:22:03,960
» 24

1615
02:22:11,680 --> 02:22:18,640
» on yours
>> or 25. I'm sorry. 25B. You were on 25,

1616
02:22:18,240 --> 02:22:20,319
right?
>> Yes.

1617
02:22:19,120 --> 02:22:22,800
» Yeah. 25B.
>> Oh, are you talking in the draft

1618
02:22:21,760 --> 02:22:23,439
ordinance?
>> Yes.

1619
02:22:23,120 --> 02:22:26,240
» Okay.
>> Did that get deleted already?

1620
02:22:24,640 --> 02:22:31,200
» No, no, no, no, no. I just I I thought
you were talking about your sheet. I was

1621
02:22:29,760 --> 02:22:33,760
» Sorry. That's what I was looking at the
wrong sheet then.

1622
02:22:32,000 --> 02:22:37,000
» No, I'm just trying to cover what I
didn't get.

1623
02:22:42,160 --> 02:22:48,000
» I forgot to take my computer with me
when I

1624
02:22:46,319 --> 02:22:53,359
You have to read the first sentence
because uh It says

1625
02:22:51,120 --> 02:22:57,200
» that it has to be fenced or otherwise
secured. And then it goes on to say if

1626
02:22:55,359 --> 02:22:58,960
» fencing is outside the fence.
>> Yep.

1627
02:22:58,080 --> 02:23:04,720
» I don't know.
>> But you got to have fence.

1628
02:23:01,439 --> 02:23:08,359
» What is the other method that prevents
if we don't stay

1629
02:23:09,439 --> 02:23:14,560
» um
>> we're having to allow animals wildlife

1630
02:23:11,920 --> 02:23:18,880
through.
So, I looked at I couldn't find anything

1631
02:23:16,880 --> 02:23:25,600
as far as because this was talked about
in tech review 2 if there were any state

1632
02:23:21,280 --> 02:23:29,439
or federal regulations for solar
uh regarding fencing like to make sure

1633
02:23:27,439 --> 02:23:32,880
we weren't putting anything in there
that said, "Oh, no, you have to have

1634
02:23:31,280 --> 02:23:38,800
12oot fencing and it doesn't matter what
the local says." Um, I couldn't find

1635
02:23:35,359 --> 02:23:44,399
anything on it. Um, it does just say
there are

1636
02:23:41,200 --> 02:23:48,319
they do have security
um things that are in place that they

1637
02:23:46,319 --> 02:23:53,600
have to follow.
Um it just doesn't specifically say how

1638
02:23:51,439 --> 02:23:57,720
they have to follow. If it's
electrified, it has to be secured.

1639
02:23:58,640 --> 02:24:05,000
So, but yes, as far as the wording
there, um

1640
02:24:06,560 --> 02:24:12,000
I mean,
um the other thing about fencing

1641
02:24:11,200 --> 02:24:18,720
» Mhm.
>> if that fencing is close to the uh

1642
02:24:15,840 --> 02:24:23,880
solar panels, they could energize. So,
they would need to be grounded on the

1643
02:24:20,880 --> 02:24:23,880
fencing.

1644
02:24:53,600 --> 02:25:00,160
Okay.
Um, anybody else with anything on the

1645
02:24:58,399 --> 02:25:05,800
fencing?
So when we get into C,

1646
02:25:02,800 --> 02:25:05,800
um

1647
02:25:13,760 --> 02:25:20,560
um so when we get into C, your access
from your county road or your

1648
02:25:18,960 --> 02:25:25,760
um
county roads, state roads, federal

1649
02:25:22,000 --> 02:25:29,920
roads, um they have to be designed in a
way article three or article 24 which is

1650
02:25:28,399 --> 02:25:34,479
the transportation
in the current zoning or ordinance and

1651
02:25:32,399 --> 02:25:41,520
then anything else state or federal
would have to follow their standards for

1652
02:25:36,960 --> 02:25:46,160
access um and construction. Um so whe
whoever maintains it that's who you're

1653
02:25:43,120 --> 02:25:54,000
going to have to follow the um with. And
then D um

1654
02:25:50,720 --> 02:25:58,240
for this is for county maintained roads
and no access um entrance serving

1655
02:25:56,240 --> 02:26:08,960
utility shall be permitted if the county
road the existing county road with um is

1656
02:26:03,920 --> 02:26:14,160
16 ft or less. Uh so this is um the same
as we have in the ordinance under our

1657
02:26:11,520 --> 02:26:19,120
subdivision control ordinance for our
subdivision. So a subdivision cannot be

1658
02:26:17,359 --> 02:26:24,960
accessed on a county road that's less
than 16 ft. So that is why that is in

1659
02:26:22,240 --> 02:26:31,040
here and at the
um where we pulled it off to match. Um

1660
02:26:27,840 --> 02:26:37,359
as far as that um also the county
engineer um wanted these um to be um

1661
02:26:35,200 --> 02:26:43,760
determined as commercial driveways and
that is to um put a standard on them for

1662
02:26:41,760 --> 02:26:49,520
sight distance as well for those access
drives. Um that way we know which part

1663
02:26:47,120 --> 02:26:54,960
of the ordinance that we're pointing at
when doing the site distance

1664
02:26:52,399 --> 02:26:58,200
um
and space.

1665
02:26:58,800 --> 02:27:01,800
Um,

1666
02:27:02,240 --> 02:27:06,200
does anybody have any

1667
02:27:07,359 --> 02:27:19,000
comments, concerns about the access
roads um at least accessing state,

1668
02:27:14,240 --> 02:27:19,000
federal or county maintained roadways?

1669
02:27:23,920 --> 02:27:26,920
Apparently

1670
02:27:34,800 --> 02:27:41,520
not.
>> Okay.

1671
02:27:37,359 --> 02:27:46,319
Um internal access roads. Uh we have
that they have to have an access road.

1672
02:27:43,280 --> 02:27:52,479
The rays can't be more than 500 ft in
length. Um without an internal access

1673
02:27:49,520 --> 02:27:59,359
road for fire access. Um, we have that
they must be 20 feet wide. We took the

1674
02:27:55,359 --> 02:28:04,640
radiuses um, looking at these larger
fire trucks. And then the I had the

1675
02:28:02,399 --> 02:28:12,160
county engineer take a look at the
compaction as far as um the typical

1676
02:28:08,000 --> 02:28:19,280
section of the access road and then the
drain or the slopes for drainage and the

1677
02:28:15,680 --> 02:28:25,359
maximum grade um not to exceed of the
actual um access road. Um

1678
02:28:23,280 --> 02:28:30,479
does anybody have any issues and the
highway engineer had no issues with that

1679
02:28:27,920 --> 02:28:34,479
um with any of those standards. Well, an
internal road 20ts wider than some of

1680
02:28:32,560 --> 02:28:38,720
our roads.
>> Yes.

1681
02:28:36,640 --> 02:28:42,520
» Yeah. I'm serious.
>> You did yours on purpose.

1682
02:28:48,000 --> 02:28:55,000
» Um
landscaping buffer. Um

1683
02:28:55,760 --> 02:29:04,640
we had it as where as if there was this
is kind of repeat um

1684
02:29:02,160 --> 02:29:09,240
but it's if the evergreens 6oot
plantings and then

1685
02:29:12,319 --> 02:29:19,840
um
if they wanted to use existing woodlands

1686
02:29:18,080 --> 02:29:29,520
um within for the landscape buffering
requirement um they would have to um

1687
02:29:24,240 --> 02:29:37,800
provide um where those areas are and um
Whoops. Sorry, I went the wrong way.

1688
02:29:32,960 --> 02:29:37,800
Getting confused. 26. So, landscaping

1689
02:29:38,720 --> 02:29:45,120
um and that just matches um going
further into some of the sideyards as

1690
02:29:43,520 --> 02:29:48,120
well.
Um

1691
02:29:51,760 --> 02:29:58,040
and then the ground cover
um

1692
02:30:00,319 --> 02:30:09,359
which is typical and also just to let
you know in that statement

1693
02:30:06,399 --> 02:30:14,399
um and working with the MS4 coordinator
um there's going to be

1694
02:30:11,680 --> 02:30:20,960
a couple more sentences in there as far
has um just a time frame too for that

1695
02:30:18,560 --> 02:30:25,600
ground cover so it matches what the
requirements are if it's undisturbed um

1696
02:30:23,200 --> 02:30:30,880
and idle for so long that it has to
match theirs of the seven and 14 days.

1697
02:30:28,720 --> 02:30:37,080
Um so we did talk about that including
that in there.

1698
02:30:34,080 --> 02:30:37,080
um

1699
02:30:41,760 --> 02:30:47,080
woodland preservation and wildlife
corridors.

1700
02:30:48,560 --> 02:30:58,319
Um this is um requiring that 30% of the
woodland area um inside the project area

1701
02:30:56,880 --> 02:31:03,160
shall be preserved and maintained
natural condition. Um

1702
02:31:03,520 --> 02:31:09,359
And that they can be also if it left it
can also be used for count towards

1703
02:31:07,760 --> 02:31:14,000
landscape
requirements if located within those

1704
02:31:11,520 --> 02:31:18,640
buffer areas and they have to be proven
and called out of what trees and what

1705
02:31:16,319 --> 02:31:22,880
size they are maturity
um on those to be counted towards

1706
02:31:21,200 --> 02:31:30,080
landscaping.
Um so did um have comment citizen

1707
02:31:27,840 --> 02:31:37,800
comment on that allowing the removal of
70% of woodlands is unacceptable and

1708
02:31:32,960 --> 02:31:37,800
should be reduced. Um

1709
02:31:39,760 --> 02:31:47,800
that's the only comment that I have
on that. Um

1710
02:31:48,960 --> 02:31:59,600
the 30% was put in there that um to try
to preserve some wildlife corridors of

1711
02:31:55,840 --> 02:32:03,280
wooded acreage um for a project and also
that it could be used towards the

1712
02:32:01,200 --> 02:32:10,560
buffering that it is mature trees and
not cutting everything down. Um

1713
02:32:07,840 --> 02:32:18,240
that's really where the 30% came from
and being higher than what um

1714
02:32:15,200 --> 02:32:24,479
we don't have a requirement for farmers
or for residential or anybody else to

1715
02:32:21,280 --> 02:32:30,960
keep woodlands. Um so this was an
attempt to try to keep some of that in a

1716
02:32:27,040 --> 02:32:38,120
larger um type development.
Um,

1717
02:32:33,840 --> 02:32:38,120
and that's why it was added in there.

1718
02:32:40,080 --> 02:32:45,240
Does the board have any comments or
anything on the 30%.

1719
02:32:47,439 --> 02:32:52,399
» Or you can think about it too.
>> Before you move to the next page, a

1720
02:32:50,479 --> 02:32:56,720
couple things was I didn't get you. I
apologize again, but the spacing on the

1721
02:32:54,720 --> 02:33:01,280
side and the front, our recommendation
was to be the same all the way around,

1722
02:32:58,640 --> 02:33:04,240
not 40 60 feet on the side and 40 on the
front.

1723
02:33:02,479 --> 02:33:07,840
» And again, the 40t, those trees are
never going to create a visual barrier.

1724
02:33:06,240 --> 02:33:14,160
They're never going to grow 20 years
from now. They might be close.

1725
02:33:11,359 --> 02:33:18,000
» Okay. Did you guys have any
>> Well, just reducing it to try to create

1726
02:33:16,560 --> 02:33:21,280
the barrier. If you're trying to create
a barrier, 40 ft isn't going to create a

1727
02:33:19,840 --> 02:33:25,680
barrier. 20 years from now, there'll
still be a 20 foot gap between those

1728
02:33:23,760 --> 02:33:31,840
trees.
>> And you're not not if you go by the

1729
02:33:29,280 --> 02:33:39,280
landscape ordinance. It's
it's double road. 40 foot

1730
02:33:35,760 --> 02:33:42,479
40 foot 40 foot. Makes so it makes them
20.

1731
02:33:40,000 --> 02:33:46,399
» That's not what it says. This ordinance
says 40T on center and shall be

1732
02:33:44,560 --> 02:33:52,800
staggered to provide a continual vision
streaming. So what what does that mean

1733
02:33:49,520 --> 02:33:58,160
to me? I I mean I see that as 40 ft in a
zigzag pattern, but there's still 40t

1734
02:33:55,439 --> 02:34:04,080
between each tree.
And then on the sides it's 60 ft zigzag

1735
02:34:01,600 --> 02:34:11,080
pattern, which is still ft. There's
nothing says it has to be,

1736
02:34:07,040 --> 02:34:11,080
you know what you're talking about.

1737
02:34:14,000 --> 02:34:21,040
» Mine was the Google search years. will
grow 20 ft at base. And I found the tree

1738
02:34:18,880 --> 02:34:26,760
is a Norway spruce. It's not native, but
it is a hardy, durable spruce for this

1739
02:34:23,280 --> 02:34:26,760
part of the country.

1740
02:34:33,200 --> 02:34:37,280
Somebody had a comment about watering.
If they're going to plant any trees,

1741
02:34:36,080 --> 02:34:40,720
they're going to have to be watered for
at least the first year, if not the

1742
02:34:38,880 --> 02:34:45,680
first two years, to try to keep them
alive in this part of the country.

1743
02:34:44,160 --> 02:34:51,000
» Well, I'm saying at least two years.
Yes, you're correct. Three years, but at

1744
02:34:47,359 --> 02:34:51,000
least two years.

1745
02:35:14,640 --> 02:35:17,120
Okay.

1746
02:35:22,160 --> 02:35:25,680
There was one thing
>> you were on 27.

1747
02:35:25,280 --> 02:35:29,280
» Yes.
>> 27. The last sentence of the top

1748
02:35:27,520 --> 02:35:32,600
paragraph.
>> I just reading

1749
02:35:38,160 --> 02:35:43,520
correct
>> before number two.

1750
02:35:40,479 --> 02:35:48,439
» Yes. Right before number.
I'd have to read the whole thing to be

1751
02:35:45,040 --> 02:35:48,439
honest with you.

1752
02:36:07,760 --> 02:36:10,760
» Um

1753
02:36:17,680 --> 02:36:22,800
I have to look at that and get back to
you because I think that has to do with

1754
02:36:20,880 --> 02:36:25,800
the
setback

1755
02:36:25,920 --> 02:36:33,840
» and hand
>> maybe it's just maybe it's supposed to

1756
02:36:30,960 --> 02:36:35,280
be because it says buffer is this
section

1757
02:36:34,240 --> 02:36:39,120
» if I remember
>> it's supposed to mean in this section

1758
02:36:36,960 --> 02:36:44,800
» between
I read a word confusing.

1759
02:36:42,479 --> 02:36:48,800
» Yeah, it's definitely in this section is
what

1760
02:36:47,120 --> 02:36:53,319
» it might be where we have the setback.
So, I'll just make a note of that and

1761
02:36:50,319 --> 02:36:53,319
go.

1762
02:36:53,359 --> 02:36:58,640
» Yeah,
>> it's grammar.

1763
02:36:56,319 --> 02:37:04,120
» Oh, I
that's supposed to be the 40, but this

1764
02:37:06,960 --> 02:37:11,359
if I remember right, that's what our
landscape or said.

1765
02:37:15,680 --> 02:37:21,600
about a double row.
>> A double row. Yeah.

1766
02:37:17,760 --> 02:37:26,840
» And then staggered and then you
>> Does the board have any um

1767
02:37:26,960 --> 02:37:32,439
conversation suggestions as far as the
30%

1768
02:37:39,920 --> 02:37:46,399
We're still on page 27 at the bottom
>> for the woodland preservation and

1769
02:37:44,960 --> 02:37:49,800
wildlife corridors.
>> I I think

1770
02:37:50,720 --> 02:38:00,160
» I think that'll come out
with an actual project

1771
02:37:56,399 --> 02:38:02,479
how they can meet that requirement.
>> Do you have an issue with the

1772
02:38:01,600 --> 02:38:05,840
percentage?
>> I don't have an issue with the

1773
02:38:03,680 --> 02:38:10,720
percentage. I like the goal. I just
don't know how

1774
02:38:08,000 --> 02:38:17,960
practical it will be when
>> someone actually does a layout has the

1775
02:38:14,560 --> 02:38:17,960
pro, you know,

1776
02:38:19,280 --> 02:38:26,800
» when a subdivision comes in, they'll
come in and they'll say, "We

1777
02:38:23,680 --> 02:38:32,880
want 200 homes on these 300 acres." And
when it's all said and done, they're

1778
02:38:28,560 --> 02:38:37,439
ending up 175 by the time you put in
detention facilities. They they then

1779
02:38:35,120 --> 02:38:40,000
decide they want a pond and then all of
a sudden they start ending up losing

1780
02:38:38,800 --> 02:38:43,920
lots just
>> because the layout it works different in

1781
02:38:43,120 --> 02:38:46,319
real life.
>> Yes.

1782
02:38:44,640 --> 02:38:50,920
» Than it does on the flat piece of paper
even though you got the grading lines on

1783
02:38:47,680 --> 02:38:50,920
it. Mhm.

1784
02:38:53,359 --> 02:39:00,560
But I also think it's a because these go
through the board of zoning appeals,

1785
02:38:58,640 --> 02:39:05,359
they're going to have to approve of at
least show how they're doing it to match

1786
02:39:03,359 --> 02:39:10,080
that or ask for something.
>> Sure. If you put zero in there, there

1787
02:39:07,680 --> 02:39:13,200
will be nothing. If
>> they can't meet the 30, then when

1788
02:39:11,760 --> 02:39:17,840
they're going through the BCA and they
got 25%,

1789
02:39:14,960 --> 02:39:22,560
we're up 25% when the end of the project
is said and done. Yeah, I

1790
02:39:20,880 --> 02:39:28,600
» But I think there needs to be something
in there.

1791
02:39:23,760 --> 02:39:28,600
» I agree. 30% is a fine number.

1792
02:39:28,720 --> 02:39:37,200
» Okay.
Lighting. Um this is um we do have

1793
02:39:35,600 --> 02:39:42,479
lighting in here. We have exterior
lighting. Um but also this is for

1794
02:39:40,720 --> 02:39:47,760
security purposes that they have to keep
it to security purposes, not have

1795
02:39:44,960 --> 02:39:52,880
anything outrageous. But we also have a
lighting ordinance that they would um

1796
02:39:50,479 --> 02:39:57,760
have to follow when going through their
permitting process. So there is already

1797
02:39:55,680 --> 02:40:03,920
in the zoning ordinance requirements for
lighting as far as the foot candles and

1798
02:40:00,960 --> 02:40:09,280
the the distances from um property
lines. Um this is just reiterating to

1799
02:40:07,680 --> 02:40:16,240
keep it to a minimum of there for
security purposes only.

1800
02:40:11,760 --> 02:40:18,800
» So enlighten me, no pun intended. Um is
this going to look like a parking lot?

1801
02:40:18,640 --> 02:40:22,880
It
>> should not.

1802
02:40:22,080 --> 02:40:27,600
Um, so
>> when you say lighting for security

1803
02:40:24,399 --> 02:40:32,240
purposes, to me that means you standing
from the outside looking in, you can

1804
02:40:30,160 --> 02:40:38,399
somewhat see if someone's walking around
there that shouldn't be.

1805
02:40:36,000 --> 02:40:41,760
So one foot candle or something low like
that to where you wouldn't need to a

1806
02:40:40,160 --> 02:40:46,080
flashlight to walk through the place.
It's lit enough that you can navigate.

1807
02:40:44,399 --> 02:40:50,479
You're not going to read a book or or
anything, but it's it's bright enough

1808
02:40:48,240 --> 02:40:54,240
the entire
solar site. And

1809
02:40:52,720 --> 02:40:56,479
» I'm not saying that they have to be. I'm
just saying.

1810
02:40:55,200 --> 02:41:00,479
» Well, I'm trying to understand what we
say. Well, you must light it for

1811
02:40:58,399 --> 02:41:04,399
security purposes. Like some people
might say, well, you need a light at the

1812
02:41:02,399 --> 02:41:08,640
gate. And if there's a building there
that's housing electrical stuff, there's

1813
02:41:06,399 --> 02:41:13,680
probably a light
>> illuminating the front door. But like

1814
02:41:11,040 --> 02:41:15,760
the rest of the solar array is kind of
not lit.

1815
02:41:14,800 --> 02:41:19,359
» Lit.
>> And I mean in minimal lighting to me is

1816
02:41:17,840 --> 02:41:22,960
fine. Like if you've got a place where
there's a gate and there's a fire and

1817
02:41:21,040 --> 02:41:26,319
the fire department's coming up, it's
pretty okay. There's

1818
02:41:24,080 --> 02:41:29,520
» there's the gate. We can see it. Or or
you can see someone's

1819
02:41:27,840 --> 02:41:34,720
» kicking the gate down and driving in
there where you know, whatever the

1820
02:41:31,359 --> 02:41:38,399
» the need is. But to me,
having it lit to where you can see the

1821
02:41:36,800 --> 02:41:42,160
whole thing and it looks like Walmart's
parking lot at 2 a.m. would be really

1822
02:41:41,680 --> 02:41:44,880
bad.
>> Mhm.

1823
02:41:43,120 --> 02:41:46,720
» So So that So we're just talking about
minimal lighting

1824
02:41:46,000 --> 02:41:48,720
» for
>> Yes.

1825
02:41:47,280 --> 02:41:52,800
» Okay. Understood.
>> And that's why it shall be limited to

1826
02:41:50,399 --> 02:41:55,520
only those reasons or for those security
reasons.

1827
02:41:53,200 --> 02:42:02,399
» Yeah. I just couldn't make the leap of
the way it's worded and what that

1828
02:41:57,600 --> 02:42:06,520
actually functionally meant is what my
My problem with that

1829
02:42:08,160 --> 02:42:11,680
» in the paragraph second paragraph under
H

1830
02:42:11,120 --> 02:42:16,560
» yes
>> where exterior lighting is proposed or

1831
02:42:14,880 --> 02:42:21,439
required
the applicant shall submit a detail plan

1832
02:42:18,560 --> 02:42:27,200
is if it's proposed the applicant shall
shall submit it if it's required

1833
02:42:24,000 --> 02:42:33,600
» if it's required so what I mean is um if
it is required by the federal government

1834
02:42:29,600 --> 02:42:38,319
if it is required by the safety
>> codes. Uh that's what I did.

1835
02:42:36,240 --> 02:42:41,359
» What they require?
>> What kind of lighting? That's why I

1836
02:42:39,920 --> 02:42:44,720
didn't want to get into the requirement
of lighting.

1837
02:42:42,880 --> 02:42:48,319
» They had to have security lighting for
requirement, but I didn't. That's what I

1838
02:42:46,479 --> 02:42:49,600
kept it to. It's just security.
>> Just security.

1839
02:42:49,040 --> 02:42:52,600
» Mhm.
>> Okay.

1840
02:42:57,760 --> 02:43:04,280
» Okay. So then moving on to the noise.
Um

1841
02:43:04,319 --> 02:43:10,200
we have it at 55.
Um

1842
02:43:14,399 --> 02:43:20,720
» um on that uh measured at the property
line

1843
02:43:18,880 --> 02:43:23,680
um
the property line being the center of

1844
02:43:22,319 --> 02:43:24,880
the road.
>> Yep.

1845
02:43:24,160 --> 02:43:27,880
» Mhm.
>> Okay.

1846
02:43:29,040 --> 02:43:36,800
or at the side of the property side
>> or rear property line. Okay.

1847
02:43:34,319 --> 02:43:41,120
» Um so it would be that way if they're
say it's a joining

1848
02:43:39,200 --> 02:43:44,160
um someone's property that's
nonparticipating, it would have to be

1849
02:43:42,880 --> 02:43:49,160
that
>> um at their property line too, not just

1850
02:43:46,000 --> 02:43:49,160
the roadway.

1851
02:44:01,760 --> 02:44:09,200
And I know one of the things and this is
just from hearing. Um so the reason why

1852
02:44:06,479 --> 02:44:14,240
it says that the county may require it
is because I wanted the option of the

1853
02:44:11,040 --> 02:44:20,319
county to require it at any point as
well. Not just um put a shall in there

1854
02:44:17,520 --> 02:44:27,240
and be a one-time thing. um but that we
may require it um to verify compliance

1855
02:44:23,680 --> 02:44:27,240
at any point.

1856
02:44:27,279 --> 02:44:34,960
I didn't want to be too specific with
SHA because I didn't want to get into

1857
02:44:31,279 --> 02:44:39,479
whether or not um if that was applicable
for any time that we wanted to.

1858
02:44:44,640 --> 02:44:52,240
» I got a couple things down.
>> Yeah. on the first sentence where it

1859
02:44:49,600 --> 02:44:56,560
talks about doing report at the end of
that sentence

1860
02:44:54,000 --> 02:45:00,960
utility scale solar project chosen by
the county which would be the qualified

1861
02:44:58,880 --> 02:45:06,760
acoustical profession
it's the county choosing

1862
02:45:03,520 --> 02:45:06,760
it's an unbiased

1863
02:45:06,800 --> 02:45:10,600
» measurement versus

1864
02:45:14,720 --> 02:45:22,240
» yeah as long as I can have consult doing
that because I nobody in this building

1865
02:45:19,680 --> 02:45:26,240
would be equipped to choose
>> a company that would be qualified.

1866
02:45:24,399 --> 02:45:30,760
» Yeah, it would be I mean that there's
nothing says you can't.

1867
02:45:27,760 --> 02:45:30,760
» Mhm.

1868
02:45:34,080 --> 02:45:41,840
» And there's two places that we requested
that was the second one was when the

1869
02:45:39,040 --> 02:45:46,960
county may request a post construction
sound testing by qualified professionals

1870
02:45:44,319 --> 02:45:51,520
chosen by the county to verify complian
we had put SH in there since it's after

1871
02:45:49,439 --> 02:45:56,000
construction. Make sure it complies with
your ordinance. The only way you're

1872
02:45:52,800 --> 02:45:59,000
going to find that out is to do a test.
>> Um

1873
02:45:59,040 --> 02:46:05,600
otherwise
>> as far as for the at the beginning of

1874
02:46:04,080 --> 02:46:11,399
the project when they're submitting in
one of the requirements of submitt

1875
02:46:08,399 --> 02:46:11,399
um

1876
02:46:12,399 --> 02:46:19,760
I really have an issue with the county
choosing that. Um, and it's not because

1877
02:46:16,880 --> 02:46:26,080
I it's just because of everything else
that we do. Um, I wouldn't want to go in

1878
02:46:23,600 --> 02:46:31,840
to choose a structural
engineer to do an analysis of a cell

1879
02:46:28,399 --> 02:46:38,080
tower. Um,
>> or even have that come back on us of

1880
02:46:34,880 --> 02:46:45,680
their job.
At least if it's chosen by them

1881
02:46:41,600 --> 02:46:52,479
and it's incorrect, it's on them
and not on us.

1882
02:46:48,960 --> 02:46:56,399
That would be the only issue with
choosing a qualified person for

1883
02:46:54,880 --> 02:46:59,720
something like that.
>> But it's only

1884
02:47:00,800 --> 02:47:09,120
recording what you hear at that time.
>> Correct.

1885
02:47:05,840 --> 02:47:13,359
It's not changing the construction. It's
just recording the sounds at that

1886
02:47:11,520 --> 02:47:17,040
particular point in time and then
recording it again after construction.

1887
02:47:15,680 --> 02:47:20,560
» Well, I don't have that before and
after. What I have is that they the

1888
02:47:19,040 --> 02:47:26,000
report shall evaluate all project
components capable of generating because

1889
02:47:23,279 --> 02:47:31,600
it's going to be but not limited.
So, what we do on these is they're doing

1890
02:47:28,319 --> 02:47:37,040
a a noise based on the they're doing it
prior to the project, right? So they're

1891
02:47:33,920 --> 02:47:44,080
doing it based on what is it going to be
with this many converters, this many

1892
02:47:39,120 --> 02:47:48,240
arrays. Um in that study, uh it would be
no different than a structural analysis

1893
02:47:45,920 --> 02:47:52,160
for a cell tower. They're using all
their wisdom prior to the cell tower

1894
02:47:50,000 --> 02:47:56,880
being constructed. What can how many
antennas can that

1895
02:47:54,640 --> 02:48:02,880
tower as it's built or as the drawing
says can it support? Um so that was the

1896
02:48:00,720 --> 02:48:09,439
that was the noise evaluation report
that we were that I had um anticipated

1897
02:48:06,080 --> 02:48:13,359
looking for in the application
um

1898
02:48:11,120 --> 02:48:18,319
for that
and then that we the county could may

1899
02:48:16,399 --> 02:48:24,080
require post construction testing by a
qualified professional. Um,

1900
02:48:22,479 --> 02:48:29,439
and like I said, the reason why I put
May in there is that we may at any

1901
02:48:26,720 --> 02:48:33,120
point. Um,
I don't know that the the legal

1902
02:48:31,359 --> 02:48:36,720
terminology for May and shall at that
point, but the reason why I had May is I

1903
02:48:34,720 --> 02:48:44,080
wanted it to be across the lifetime of
the

1904
02:48:38,960 --> 02:48:50,000
» um project that we may um require a
>> an additional noise test

1905
02:48:46,880 --> 02:48:54,000
once the project is done. So a noise
evaluation report would be before the

1906
02:48:52,160 --> 02:49:02,399
project happened.
>> Um you're not doing evaluation on site

1907
02:48:59,439 --> 02:49:06,560
evaluation of the project
>> evaluation at the time of the

1908
02:49:03,760 --> 02:49:10,560
application what the project will be
>> would this is potentially what it would

1909
02:49:08,560 --> 02:49:12,880
be. This is what has to be submitted
with the permitting process.

1910
02:49:12,399 --> 02:49:18,880
» Okay.
>> And then it's evaluating does that sound

1911
02:49:16,080 --> 02:49:24,080
with the what the components of that
proposing doesn't meet the ordinance at

1912
02:49:21,439 --> 02:49:30,319
that level and then after the fact is if
the construction starts they start and

1913
02:49:26,399 --> 02:49:34,080
then so we get a complaint we go out
>> yeah it's really loud I think you know

1914
02:49:31,920 --> 02:49:37,040
even by our standards of our handheld
said it's really loud

1915
02:49:35,439 --> 02:49:41,520
» at that point then that's why we may
because we may at any time then say we

1916
02:49:39,200 --> 02:49:45,439
don't believe you're in compliance
now you have to have another report done

1917
02:49:43,840 --> 02:49:49,120
on what is actually here
>> so at that time though could we not

1918
02:49:46,960 --> 02:49:52,720
choose it there is a complaint that
would be especially the time you choose

1919
02:49:50,880 --> 02:49:57,760
so we know it's our
>> well no that's what they we have um we

1920
02:49:56,240 --> 02:50:02,720
don't have a spec when it gets right
down to it an engineer's license and

1921
02:50:00,560 --> 02:50:08,560
they're stating by their license by
their career that what they're providing

1922
02:50:05,760 --> 02:50:12,319
the county is accurate and if they're
providing this inaccurate information

1923
02:50:10,319 --> 02:50:18,000
they can lose their license.
>> Thank you Denny. Um, I'm not even sure

1924
02:50:15,279 --> 02:50:21,840
how many agencies do this type of work.
I want to talk to somebody tomorrow that

1925
02:50:20,080 --> 02:50:28,399
works for an environmental consulting
agency and see if I can get a feel for

1926
02:50:24,399 --> 02:50:34,600
it. Um, I I think anything that's
stamped by a licensed engineer in the

1927
02:50:30,479 --> 02:50:34,600
state of Indiana will work.

1928
02:50:37,120 --> 02:50:41,319
» The last question was the decis.

1929
02:50:42,560 --> 02:50:48,479
» Was there why it was raised.
>> Yes.

1930
02:50:45,120 --> 02:50:51,439
» I'd like to see it between 45 and 50.
>> I just our question was why was it up

1931
02:50:50,479 --> 02:50:55,920
from 45?
>> Because on it says in Indiana the

1932
02:50:54,000 --> 02:51:02,399
average sound limit for a commercial
solar farm is capped at 50A weighted

1933
02:50:59,680 --> 02:51:07,040
decibb when measured from the outer wall
of a neighbor's house or a property

1934
02:51:04,160 --> 02:51:15,920
line.
So, the reason why it was raised is just

1935
02:51:10,560 --> 02:51:21,040
as far as what we went out to do um with
our handheld and what we were looking at

1936
02:51:19,040 --> 02:51:27,520
to the solar farms we were at to the
ones we would visited outside inside. Um

1937
02:51:24,960 --> 02:51:33,120
when we were actually on county long
county roads here in De County just

1938
02:51:29,439 --> 02:51:39,120
doing the natural sound
um it was hard to even get natural sound

1939
02:51:36,080 --> 02:51:44,399
as low as 45. This says actual and
realwood sign created by a solar project

1940
02:51:41,359 --> 02:51:50,640
is usually much quieter at standard
setbacks distances solar equipment drops

1941
02:51:46,720 --> 02:51:57,840
between 30 dBAs and 40 dBAs which sounds
like a soft whisper or a quiet library.

1942
02:51:55,040 --> 02:52:03,200
55 from what I'm reading is saying
coffee maker

1943
02:52:00,080 --> 02:52:08,800
uh refrigerator running
>> something I mean

1944
02:52:05,200 --> 02:52:16,840
Google 55 dBA is what that so that
>> well it so even so just um

1945
02:52:13,680 --> 02:52:16,840
» my property

1946
02:52:17,200 --> 02:52:24,800
was
>> no baby if you were looking up there's a

1947
02:52:21,520 --> 02:52:26,560
cap that is for Um, you mean a fire
maximum?

1948
02:52:25,760 --> 02:52:31,600
» That's just as
>> No, the state would have that. They're

1949
02:52:28,160 --> 02:52:35,279
going to have nothing. But their general
says

1950
02:52:33,359 --> 02:52:40,000
» Yeah. So,
>> you know, just as far as standing

1951
02:52:38,240 --> 02:52:46,080
um
at the road on my property,

1952
02:52:42,560 --> 02:52:51,040
9:30 at night, dark
>> crickets going,

1953
02:52:46,960 --> 02:52:55,120
» just the crickets, the dogs. So, not
even traffic. It was at 60.

1954
02:52:54,160 --> 02:52:58,359
» Yep.
>> That's right.

1955
02:52:58,640 --> 02:53:04,000
» So,
um,

1956
02:53:01,040 --> 02:53:11,279
» what was it? Uh, Dwayne 45.
>> Was 45.

1957
02:53:07,439 --> 02:53:17,840
» So, between 45 and 50.
But what I'm saying is the is looking at

1958
02:53:14,960 --> 02:53:23,680
it if I go out to a natural area and the
natural site is 55 and how am I to

1959
02:53:20,640 --> 02:53:26,880
assume or say it's 55 how am I to assume
that's it's the solar and not the

1960
02:53:25,439 --> 02:53:30,960
natural
>> right

1961
02:53:28,560 --> 02:53:36,240
» just the natural part of the day
>> so in trying to do that at any given

1962
02:53:33,920 --> 02:53:39,279
point I think the lower you are the what
you're going to have is everybody

1963
02:53:37,520 --> 02:53:43,920
complaining and we're going to do noise,
noise, noise, noise, noise because I

1964
02:53:42,000 --> 02:53:47,120
think at your natural time it's going to
be higher than 45.

1965
02:53:45,359 --> 02:53:53,439
» Could we have verbiage in there that
stipulates like um so more than so many

1966
02:53:50,880 --> 02:53:57,439
decimals above or decibb above the
established baseline? So like before the

1967
02:53:55,520 --> 02:54:01,120
project goes in when you guys do your
site assessments or whatever, you have

1968
02:53:59,600 --> 02:54:06,399
an engineer that comes out to you to
these sites, takes that baseline, has it

1969
02:54:03,279 --> 02:54:12,240
documented, and then um like verbiage
I've seen elsewhere is it exceed five dB

1970
02:54:10,080 --> 02:54:16,479
for more than 10% of every hour
>> is great.

1971
02:54:13,840 --> 02:54:22,880
» AI is great.
>> So, and so the other when looking at

1972
02:54:20,319 --> 02:54:28,080
that too, how we talked about that too
is in doing those baselines,

1973
02:54:26,319 --> 02:54:33,359
it we'd have to get real specific on
when we want that baseline.

1974
02:54:31,439 --> 02:54:37,040
Um, so it's no different than when we do
a traffic study. You know, one of those

1975
02:54:35,520 --> 02:54:42,880
requirements is that you can't do the
traffic study during the summertime. It

1976
02:54:39,760 --> 02:54:47,359
has to be done during the school time.
Um because you just the amount of

1977
02:54:45,359 --> 02:54:55,359
traffic is increased. So why take a
smaller number when you're having this?

1978
02:54:50,479 --> 02:55:01,439
Um so at what point um
do we put parameters on that established

1979
02:54:57,680 --> 02:55:04,319
time? Um,
>> could it be like

1980
02:55:02,479 --> 02:55:10,080
» October, November when the grain bins
are going and the loudest that we need

1981
02:55:06,720 --> 02:55:16,160
to have it? Um, or do we, you know,
limit it to a certain time of year. Um,

1982
02:55:13,840 --> 02:55:21,600
so I could see the two then of course
then you get to the well they took it.

1983
02:55:19,520 --> 02:55:26,880
Well, of course it's going to be high.
It's November and the grain bins and the

1984
02:55:23,680 --> 02:55:30,800
drying and the everything like that and
there's no leaves on there. So sound is,

1985
02:55:28,880 --> 02:55:34,640
you know, I I don't know. We're during
the summertime when all the leaves are

1986
02:55:32,080 --> 02:55:41,840
full and you can't hear a word. Um I
don't know what that

1987
02:55:37,840 --> 02:55:46,960
answer is for baseline.
>> So I mean if there's suggestions on

1988
02:55:44,160 --> 02:55:50,080
that, be glad to have but I don't know
what that

1989
02:55:48,560 --> 02:55:55,200
» because you can argue one way or the
other on that baseline. They didn't do

1990
02:55:52,160 --> 02:55:58,319
it the right time or it's it's too high.
There's no way that's the base. I I

1991
02:55:56,880 --> 02:56:02,720
don't
if it's something we study or they take

1992
02:56:00,479 --> 02:56:07,200
for their word for it. And
>> I think if we cap what the solar can

1993
02:56:05,200 --> 02:56:11,840
make if the baselines higher and you're
just near a highway or there's noise

1994
02:56:09,040 --> 02:56:15,680
there.
I mean, the only problem with doing

1995
02:56:13,840 --> 02:56:19,680
something after the fact is I don't know
that they can tell you what noise is

1996
02:56:17,920 --> 02:56:23,200
what without unless you're looking at
certain parts of the spectrum and going,

1997
02:56:21,200 --> 02:56:27,680
"This is the noise the solar is making
and this is cars going up and down the

1998
02:56:25,359 --> 02:56:29,680
highway that's a quarter mile away."
>> Um,

1999
02:56:28,240 --> 02:56:33,520
» well, and that's what, you know, one of
the things is you're standing out there

2000
02:56:30,960 --> 02:56:39,040
and you're doing it, you know, it's and
it could be at 40 and then one minute

2001
02:56:36,240 --> 02:56:43,840
it's 70. I mean, we were standing in
front of one and it was doing just that.

2002
02:56:41,520 --> 02:56:48,800
It was 40. You can hear the the breeze
was blowing. And then right next to me

2003
02:56:46,000 --> 02:56:52,800
was a chirping bird and it went up to
70.

2004
02:56:49,840 --> 02:56:59,760
» Um well, it is a baseline at least a
baseline to have um to where if

2005
02:56:57,760 --> 02:57:06,000
in my opinion if I went out there and
stood stood there and went, "Holy crap."

2006
02:57:04,720 --> 02:57:11,120
Out of all the times I've been to a
solar plant, that is ridiculous.

2007
02:57:08,800 --> 02:57:15,520
You know what? go do a so go do the
sound study because we we can require

2008
02:57:12,960 --> 02:57:19,760
that.
Um but at least then if they do the

2009
02:57:17,520 --> 02:57:24,240
noise study and it shows that oh they
can pick it out and yeah the solar is at

2010
02:57:22,160 --> 02:57:28,080
70 well yeah there's a reason why we
heard it.

2011
02:57:25,439 --> 02:57:31,520
» Yeah.
>> But I I do think there needs to be a

2012
02:57:29,920 --> 02:57:35,840
number in there because we have to be
able to if we think there's a violation

2013
02:57:34,240 --> 02:57:40,720
and it comes back that there is a
violation what is that violation? So,

2014
02:57:38,240 --> 02:57:46,000
there has to be a number in there. Um,
and I'm not saying one number is right

2015
02:57:42,240 --> 02:57:50,960
over the other. I just think for natural
sounds in the country, it's that it's a

2016
02:57:49,359 --> 02:57:56,000
low.
>> I would think they'd be able to isolate

2017
02:57:52,640 --> 02:58:01,040
whatever sound, whatever hum, whatever
>> the frequency that is making and say,

2018
02:57:57,760 --> 02:58:10,200
"All right, how how loud is is that 200
hertz sound or 55 Hz sound or whatever."

2019
02:58:05,840 --> 02:58:10,200
Yeah, I think you got to have a number.

2020
02:58:11,200 --> 02:58:15,120
» Um,
>> okay.

2021
02:58:12,880 --> 02:58:20,399
» Before we move on,
>> yes,

2022
02:58:16,560 --> 02:58:26,160
» it's a little after 9:00.
>> Um, if we want to take public comment on

2023
02:58:23,439 --> 02:58:30,560
what we got through up to the end of
page 28,

2024
02:58:28,560 --> 02:58:33,120
» that's probably going to take us long
enough that we're going to be ready to

2025
02:58:32,160 --> 02:58:41,680
go home.
>> Yes. And then um one thing that I would

2026
02:58:35,600 --> 02:58:45,920
like to state is um just as far as um
the way that it is written um because I

2027
02:58:44,479 --> 02:58:52,560
know I've heard different comments on
it. Uh if there is an additional plan or

2028
02:58:49,920 --> 02:58:58,080
plan specifications that tie into a
requirement listed in this section and

2029
02:58:56,160 --> 02:59:03,120
it's put in the other section because
those plans go in more depth. It was

2030
02:59:01,040 --> 02:59:06,880
done that way so that you're not going
here are the requirements. Oh, let me

2031
02:59:04,800 --> 02:59:12,319
wait five pages before I tell you the
other requirement because I had to tell

2032
02:59:08,319 --> 02:59:17,920
you what is provided in that plan. Um,
it was to keep all the details of the

2033
02:59:14,479 --> 02:59:24,880
plans in a different section so that the
requirement page at least at just face

2034
02:59:21,520 --> 02:59:29,359
value was not
going five pages until the next

2035
02:59:26,800 --> 02:59:37,520
requirement. Um so that was the
difference in the two sections of why um

2036
02:59:34,080 --> 02:59:41,279
section um
1935

2037
02:59:39,200 --> 02:59:44,240
goes through those plans and specifies
the layouts of each of those plans or

2038
02:59:42,880 --> 02:59:50,319
the requirements of those plans. It
didn't go into detail in the list of

2039
02:59:46,399 --> 02:59:53,880
requirements for utility solar. So just
to explain that

2040
02:59:57,600 --> 03:00:03,319
Move up public discussion for what we've
gone through.

2041
03:00:06,560 --> 03:00:14,520
» I'll second.
Thought he was going to die for lack of

2042
03:00:10,960 --> 03:00:14,520
a second there.

2043
03:00:16,800 --> 03:00:30,800
I have a motion by Russell Bytoorpher to
take public comment on

2044
03:00:24,720 --> 03:00:32,960
section 1930 of the article 19 up till
page 28.

2045
03:00:32,319 --> 03:00:36,000
» Correct.
>> Which will take us to the noise

2046
03:00:35,040 --> 03:00:40,640
standards.
>> Correct.

2047
03:00:38,479 --> 03:00:46,399
» I have a second by Eric Lane. All in
favor say I.

2048
03:00:42,160 --> 03:00:49,200
» I. Any opposed?
Mr. Mortonson, I believe you wanted to

2049
03:00:48,399 --> 03:00:55,359
speak,
>> please. Thank you.

2050
03:00:52,479 --> 03:01:00,240
We'll make it quick.
>> Samuel David Mortonson, uh, Dearborn

2051
03:00:57,680 --> 03:01:03,760
County resident, there were a couple
things, some good points Commissioner

2052
03:01:02,240 --> 03:01:08,160
Thatcher made, and then Russell, you
also had some good points, uh, as far as

2053
03:01:05,920 --> 03:01:12,760
a burm. Just a couple things to think
about here.

2054
03:01:09,760 --> 03:01:12,760
Um,

2055
03:01:12,800 --> 03:01:19,920
so, uh, from a vegetation standpoint,
there's a couple things. If we're going

2056
03:01:17,680 --> 03:01:25,439
to, if we're going to mandate that, uh,
acreage used has to go back to original

2057
03:01:22,800 --> 03:01:29,600
use. The two questions is where are you
getting the dirt from the burm?

2058
03:01:26,880 --> 03:01:35,040
» Are you scraping off of top soil or not?
Second thing is there needs to be

2059
03:01:32,160 --> 03:01:39,920
written in to protect whoever the
developer is and to make sure we have a

2060
03:01:37,200 --> 03:01:44,160
clean ordinance that if they put a burm
in, there is going to be a certain

2061
03:01:41,520 --> 03:01:49,279
amount of permanent damaged ground. If
you put in a a burm that's 40, 50 feet

2062
03:01:46,240 --> 03:01:53,040
wide, when you truck in, compact,
whatever else, even if you come in and

2063
03:01:50,880 --> 03:01:59,600
truck out and remove everything, that
ground that is compacted, the top 18 in,

2064
03:01:55,760 --> 03:02:03,840
the PSI of that ground is uh going to be
permanently damaged. So, even if it's

2065
03:02:02,000 --> 03:02:06,880
clay and you're bringing in more clay or
top soil, the truck's moving in and out,

2066
03:02:05,760 --> 03:02:11,040
it's there's a thing called a
penetrometer. You can actually check the

2067
03:02:08,560 --> 03:02:16,080
the gauge. you can see how deep you go
before you hit a hard pan at like 180

2068
03:02:12,880 --> 03:02:19,520
PSI. Corn roots go sideways. So that
ground will be permanently damaged. So

2069
03:02:18,080 --> 03:02:22,960
that needs to be acknowledged in our
ordinance. If not, I think we got a

2070
03:02:21,120 --> 03:02:26,880
sloppy ordinance. Second thing is to
decide how close to the road are we

2071
03:02:25,120 --> 03:02:31,359
going to put the burm. Uh if
commissioner Bishoff's recommendation of

2072
03:02:28,800 --> 03:02:33,520
spruces are going on top, those can get
like 80 ft, I think.

2073
03:02:32,880 --> 03:02:38,319
» Yep.
>> Nor spruce, something like that.

2074
03:02:35,439 --> 03:02:42,160
» Yep. Um, if those are on the top, then
we probably need to have a certain

2075
03:02:40,000 --> 03:02:45,200
amount of width of the top of that burm
that if Commissioner Thcher's

2076
03:02:43,680 --> 03:02:50,960
recommendation 10 ft high is what you
were going, right? If you go 10 ft up

2077
03:02:47,760 --> 03:02:54,560
and you're going to stagger,
>> if you were going to go 10 ft up, you

2078
03:02:52,800 --> 03:02:58,960
got to decide how wide is the top
portion of that. If you're staggering

2079
03:02:56,560 --> 03:03:02,319
cedars and they're 40 feet wide, then
you probably need at least 60 feet wide

2080
03:03:00,720 --> 03:03:05,760
on top. And then you got to decide the
degree of slope after the burm, right?

2081
03:03:04,240 --> 03:03:08,479
Right? Because if you're going to stab
stagger 40 foot wide, they'll grow

2082
03:03:07,920 --> 03:03:11,920
together.
>> China.

2083
03:03:09,200 --> 03:03:16,080
» So it's 20 ft to 20 ft, right? So you
need 30 or 40 feet before they're

2084
03:03:13,680 --> 03:03:19,600
spilling over the edges of uh that burm.
If you go with something like aravida

2085
03:03:18,479 --> 03:03:22,880
that's a little bit quicker going,
that's typically what you see at the

2086
03:03:20,880 --> 03:03:27,600
gravel quarry. Those are 20 30 feet.
Like a little green giant gets um about

2087
03:03:25,520 --> 03:03:31,520
35 ft tall at maturity. They're a quick
grower. Yep. But then we also need to

2088
03:03:29,520 --> 03:03:34,640
factor in if you got deer that are
coming after those that are not coming

2089
03:03:32,960 --> 03:03:38,479
after Norway spruces.
>> So the type of tree that you pick should

2090
03:03:36,479 --> 03:03:41,359
probably be specified in there. If
you're going to do arbida, we probably

2091
03:03:39,840 --> 03:03:45,359
need to have a temporary netting for the
first 3 five years to keep that deer

2092
03:03:43,680 --> 03:03:49,439
out. That's cheap. They can take that
down. The other question is um how close

2093
03:03:47,920 --> 03:03:53,040
to the burm? So if we're going 80 feet
from the center of the road is what a a

2094
03:03:50,880 --> 03:03:56,399
house structure is, I think. So if the
burm starts 80 ft from the center of the

2095
03:03:54,640 --> 03:04:01,520
road and it goes however wide and we're
400 feet set back. Let's say we're 40

2096
03:03:59,200 --> 03:04:06,479
feet on the or 40 ft on the top of the
burm with 10 foot. You're 80 ft. You're

2097
03:04:03,680 --> 03:04:12,319
probably 160 ft back which means we have
another 240 ft of what are we doing with

2098
03:04:10,560 --> 03:04:16,160
that space? Are we going to mandate that
they have to mow it or are we just going

2099
03:04:14,319 --> 03:04:20,399
to get if we don't mow within 3 to 5
years you've got cedars, scrub trees. I

2100
03:04:18,240 --> 03:04:23,359
mean just whatever happens with pasture.
>> Huh?

2101
03:04:20,880 --> 03:04:27,120
» Honey locust. honeyloust, all kinds of
stuff. If we're going to do that, I

2102
03:04:25,439 --> 03:04:30,640
would almost rather see, and this is
pretty cheap for the developer, to go in

2103
03:04:29,200 --> 03:04:34,560
and put in a selective variety of
hardwoods. So many per, you can put them

2104
03:04:33,040 --> 03:04:37,920
in a foot tall, they don't have to be
watered. You put them in small enough,

2105
03:04:36,319 --> 03:04:42,479
some of them will die, some of them will
live, but then longterm, you've got

2106
03:04:40,240 --> 03:04:45,840
permanent woods there that can then be
ripped out if you were to, you know,

2107
03:04:44,399 --> 03:04:49,520
restore it to farm field. So anyway,
just a couple things to think about uh

2108
03:04:47,439 --> 03:04:54,399
with the BM. was a good suggestion, but
a couple other things to consider that

2109
03:04:51,520 --> 03:04:58,000
pro should probably be thoroughly uh uh
put into the ordinance. Wherever you

2110
03:04:56,080 --> 03:05:01,200
guys decide is up to you, but those are
some uh thoughtprovoking comments. So,

2111
03:05:00,000 --> 03:05:05,720
thank you, sir.
>> Thank you,

2112
03:05:02,720 --> 03:05:05,720
» Brandon.

2113
03:05:06,160 --> 03:05:14,560
Stand up.
>> Uh Brandon Lang, land owner Lake Tambo

2114
03:05:10,399 --> 03:05:19,439
Road. I just want to state I want to
remind the commissioners and the board

2115
03:05:17,600 --> 03:05:24,479
on and I did this at the last week's
commissioners meeting the uh the county

2116
03:05:22,000 --> 03:05:28,319
website front page focus area one for
the commissioners states that your your

2117
03:05:26,880 --> 03:05:31,359
focus area number one is economic
development.

2118
03:05:28,880 --> 03:05:34,640
» Speak up please.
>> The county commissioners focus area

2119
03:05:33,040 --> 03:05:39,600
number one on the county website states
that they're their focus area number one

2120
03:05:37,040 --> 03:05:43,600
is economic development.
the planning and zoning commission.

2121
03:05:40,880 --> 03:05:48,319
You're here to plan for it.
When you take an overview, if you were

2122
03:05:45,040 --> 03:05:51,120
outside looking in,
does that sound like what we're doing

2123
03:05:49,600 --> 03:05:56,240
here?
I think I think I think we're talking

2124
03:05:53,120 --> 03:06:00,960
about BMS and trees and I I I'm no
offense. I think you're building a lake,

2125
03:05:58,399 --> 03:06:06,399
10 foot BMS. And and and then we're
talking about 80 feet high trees on top

2126
03:06:03,120 --> 03:06:10,080
of 10 foot BMS. And this is a solar
development.

2127
03:06:07,920 --> 03:06:16,319
shades kind of the antithesis of what
we're looking for if we're developing

2128
03:06:11,760 --> 03:06:23,040
with solar. Okay. So, uh last week I
sent in uh I hope you all got it an

2129
03:06:19,200 --> 03:06:24,000
economic impact analysis that was done.
>> Yeah.

2130
03:06:23,680 --> 03:06:27,760
» Okay.
>> Yeah, it's in our packet.

2131
03:06:25,120 --> 03:06:32,960
» It's our packet. Okay. We're talking
they're talking about $23 million for

2132
03:06:30,319 --> 03:06:35,960
the schools, $8.8 million for the
county.

2133
03:06:36,960 --> 03:06:43,279
facts, facts and logic. So this is this
is over the lifespan of the project.

2134
03:06:42,000 --> 03:06:45,439
That's that's what economic develop
that's what we're here for. That's what

2135
03:06:45,040 --> 03:06:48,880
we're here for.
>> You're a little mistaken because the

2136
03:06:47,200 --> 03:06:51,120
most important job of commissioner is
making sure the people of Dub County are

2137
03:06:50,399 --> 03:06:54,640
safe.
>> Right. Well, I said focus

2138
03:06:52,640 --> 03:06:59,120
» we have to go we have to go economic
development is important but so is

2139
03:06:57,359 --> 03:07:02,240
keeping the people of D County safe. So
we're trying to we're trying to thread

2140
03:07:00,640 --> 03:07:06,319
that needle is what we're trying to do.
I stated I stated that focus area number

2141
03:07:04,720 --> 03:07:09,680
one on the front page of the county
website for the commissioner states

2142
03:07:08,080 --> 03:07:12,800
economic development. That's what the
county website says. I'm just regurging.

2143
03:07:11,120 --> 03:07:18,560
» I'm telling you the most important job.
>> Okay. Okay. Well, in order in order for

2144
03:07:15,520 --> 03:07:22,399
this tax tax revenue to come in, I
believe we're taxed on the equipment

2145
03:07:20,080 --> 03:07:26,960
that goes on the land. So when you're
talking about thousand foot setbacks and

2146
03:07:24,720 --> 03:07:30,800
mile apart from one pro part of the
project to another and and 10 miles

2147
03:07:29,359 --> 03:07:37,680
between projects and all that kind of
stuff, I think what we should be looking

2148
03:07:33,200 --> 03:07:41,120
for here is maximum benefit with minimum
impact.

2149
03:07:39,600 --> 03:07:44,960
So
let's put it all together. Let's put it

2150
03:07:43,359 --> 03:07:49,600
all together and and tell me how this
affects how how does a 10 miles between

2151
03:07:47,680 --> 03:07:52,800
projects affect public health, safety,
and welfare.

2152
03:07:53,279 --> 03:07:58,560
What does it do? I mean, we're just
limited. I look at this and this is and

2153
03:07:56,880 --> 03:08:04,640
this is really what I want to impose on
on on everyone. This solar development

2154
03:08:01,920 --> 03:08:10,960
or any solar development is a potential
lifeline to land owners and farmers

2155
03:08:08,399 --> 03:08:14,880
alike. It is a potential lifeline for
these people. And why are we limited? I

2156
03:08:13,520 --> 03:08:19,760
keep thinking about the the the
lifeboats of the Titanic rolling by live

2157
03:08:17,520 --> 03:08:22,319
people in the water even though there's
room in them and saying and I'm sorry

2158
03:08:21,120 --> 03:08:26,960
we're full.
>> We're full. Why? Why are we limited? Why

2159
03:08:24,800 --> 03:08:30,319
are we limited the benefit that we could
all get from this?

2160
03:08:29,040 --> 03:08:35,240
» Brandon, I'm going have to ask you to
wrap it up.

2161
03:08:31,120 --> 03:08:35,240
» Okay. Okay. Uh

2162
03:08:35,279 --> 03:08:40,319
I see a lot of junk cars sitting in the
front yards of people's houses along the

2163
03:08:38,640 --> 03:08:47,200
front 48. all that kind of stuff that
we're not asking anybody to build a wall

2164
03:08:42,479 --> 03:08:52,240
around them uh of dirt. Um
let's see

2165
03:08:49,920 --> 03:08:56,000
again 200 for the the setbacks from
water wells 200 feet. It doesn't make

2166
03:08:53,760 --> 03:09:00,720
any sense with 50 foot septic for a
residential development that how far

2167
03:08:58,319 --> 03:09:05,680
does a house have to be from a well an
existing well because you can put solar

2168
03:09:03,120 --> 03:09:11,359
on the roof. So why why are we limited
in that? uh two miles from schools

2169
03:09:09,840 --> 03:09:15,600
you can build but you can build a prison
next door to a school.

2170
03:09:13,760 --> 03:09:20,319
The height I'm not I don't
>> surely that won't happen either.

2171
03:09:17,359 --> 03:09:25,920
» Okay. Well, there's no ordinance for it.
The the height of 15 ft

2172
03:09:24,640 --> 03:09:29,439
» again again I don't think
>> I have to ask you to sit there.

2173
03:09:27,840 --> 03:09:32,479
» Okay.
the woodland preservation though this is

2174
03:09:31,120 --> 03:09:35,600
just an infringement on my property
rights that if if a farmer can clear

2175
03:09:34,080 --> 03:09:40,279
land to make more money and have more
usable land I don't understand why I

2176
03:09:37,279 --> 03:09:40,279
can't

2177
03:09:41,760 --> 03:09:44,760
» Mr.

2178
03:09:50,479 --> 03:09:59,520
ain't over yet.
>> Bobby Brown, Manchester Township.

2179
03:09:56,720 --> 03:10:04,560
Um, citizens recommended a 200 acre
project cap. This wasn't an arbitrary

2180
03:10:02,080 --> 03:10:08,800
number. Citizens repeatedly expressed
concern about allowing a single

2181
03:10:06,960 --> 03:10:14,960
industrial solar project to consume
thousands of acres. We need to put a

2182
03:10:11,120 --> 03:10:20,640
thousand acres into perspective. Our
uh agricultural census

2183
03:10:18,160 --> 03:10:25,840
gives us perspective on that scale. The
average Dearborn County farm is

2184
03:10:22,399 --> 03:10:31,439
approximately 120 acres. Per the 2022
census, only 2% of farms are over 500

2185
03:10:29,439 --> 03:10:37,439
acres. There's not a farm in Dearborn
County exceeding 1,000 acres.

2186
03:10:34,399 --> 03:10:40,960
200 acres isn't unreasonable or
unprecedented.

2187
03:10:39,040 --> 03:10:47,439
Carol, Spencer, Franklin counties have
adopted 200 acre caps. Rush County

2188
03:10:43,760 --> 03:10:52,560
limits uh projects to 300 acres. Boone,
Typicano, and Madison counties limit

2189
03:10:49,520 --> 03:10:57,120
them to 400 acres. Dearborn County's
comprehensive plan calls for the

2190
03:10:54,880 --> 03:11:01,120
conservation of farmland and open space
and rural areas. Calls for the

2191
03:10:59,040 --> 03:11:05,520
protection of our rural character and
importantly minimizing negative impacts

2192
03:11:03,279 --> 03:11:10,000
between incompatible or conflicting land
uses. Page 18 of our comprehensive plan.

2193
03:11:08,479 --> 03:11:13,120
Conserve distinctive natural and
man-made features and resources that

2194
03:11:11,760 --> 03:11:18,000
contribute to the rural character of
Dearborn County. Page 125. It is

2195
03:11:16,640 --> 03:11:21,279
essential to establish general
development guidelines in order to

2196
03:11:19,520 --> 03:11:27,040
provide a high quality of life for
residents and to mitigate impacts upon

2197
03:11:23,600 --> 03:11:30,240
the physical setting. Page 150. The
entire community must work together for

2198
03:11:28,800 --> 03:11:34,479
growth that stresses the cons
conservation of farmland and open space

2199
03:11:32,160 --> 03:11:39,680
in rural areas as a way to preserve the
local economy and to preserve a high

2200
03:11:36,720 --> 03:11:42,720
quality of life. Page 150 goes on,
ensure that all new development is

2201
03:11:41,200 --> 03:11:46,560
designed in such a manner that it
incorporates the county's commitment to

2202
03:11:44,399 --> 03:11:52,240
both maintaining its rural character and
improving the quality of life. Page 150

2203
03:11:50,160 --> 03:11:57,760
con concludes with negative impacts
between incompatible land uses must be

2204
03:11:54,560 --> 03:12:03,680
kept to a minimum. Page 151, respect
areas and agricultural operations and

2205
03:12:00,479 --> 03:12:07,040
preserve rural amenities. Page 152,
minimize impacts by establishing

2206
03:12:05,359 --> 03:12:13,920
setbacks, buffer yards, and other
mitigation measures. Page 153, promote

2207
03:12:10,960 --> 03:12:18,319
sub sustainable growth patterns that are
consistent with community's vision for

2208
03:12:15,680 --> 03:12:22,000
the future. Utility power generation is
fundamentally different than the farms,

2209
03:12:20,240 --> 03:12:27,040
homes, and rural properties surrounding
it. Limiting the size of that industrial

2210
03:12:24,319 --> 03:12:31,520
use is one of the simplest ways to limit
the extent of that conflict. A project

2211
03:12:29,359 --> 03:12:35,600
cap helps slows the loss of farmland,
reduces visual and landscape conflicts,

2212
03:12:33,760 --> 03:12:39,359
limits storm water and drainage impacts,
and reduces the impacts from traffic,

2213
03:12:37,359 --> 03:12:43,279
noise, lighting, maintenance, you name
it. It also reduces the scale of

2214
03:12:41,439 --> 03:12:47,600
potential emergency response, and limits
the ability of any one project to

2215
03:12:45,840 --> 03:12:52,160
significantly change the character of an
area. So, if 200 acres isn't the right

2216
03:12:50,560 --> 03:12:58,640
number, let's have the discussion
publicly. Why 500? Why 750? Why a

2217
03:12:56,160 --> 03:13:03,439
thousand? What Dearborn County specific
evidence supports a single project of

2218
03:13:00,640 --> 03:13:06,720
that magnitude? A 200 acre cap does not
prohibit a solar development. It doesn't

2219
03:13:05,439 --> 03:13:11,520
prohibit a land owner from
participating. It simply limits the

2220
03:13:08,560 --> 03:13:14,800
concentration of farms of industrial
land on our farms and the amount of

2221
03:13:13,040 --> 03:13:19,439
Dearborn County that can be transformed
by one project in one location at one

2222
03:13:17,359 --> 03:13:23,600
time. The citizens gave you a
recommendation. Our agricultural data

2223
03:13:21,680 --> 03:13:27,359
gives us perspective on that scale.
Other ind Indiana counties have already

2224
03:13:25,279 --> 03:13:31,200
adopted similar limits and our own
comprehensive plan tells us to conserve

2225
03:13:29,040 --> 03:13:35,840
farmland, protect rural character and
mitigate conflicts between uses. These

2226
03:13:34,000 --> 03:13:40,160
principles point towards limiting
project size. not allowing a thousand

2227
03:13:37,840 --> 03:13:44,399
acres per site. So if there's not a
compelling reason for thousand acres,

2228
03:13:42,160 --> 03:13:50,760
then listen to the citizens in this room
and put the 200 acre cap into the

2229
03:13:46,239 --> 03:13:50,760
ordinance. Thank you.

2230
03:13:51,439 --> 03:13:54,680
» Thank you.

2231
03:14:02,000 --> 03:14:10,640
» Uh my name is Dave Sams. I'm a lifelong
Manchester Township resident, born and

2232
03:14:07,439 --> 03:14:16,239
raised there. Um, still live there. I've
got it. Um, and it may just seem simple.

2233
03:14:14,319 --> 03:14:24,239
I I don't know. I don't know what the
answer is. I I would question if you

2234
03:14:20,720 --> 03:14:30,160
went on an existing solar if OSHA
requires them to wear earplugs and a

2235
03:14:26,000 --> 03:14:35,680
hard hat. But they do
you you know the federal government says

2236
03:14:32,880 --> 03:14:40,880
the noise is too loud right there. So if
you're going to and another one I think

2237
03:14:38,479 --> 03:14:47,600
Mark he may you may have answered this
question but I didn't grasp it. Um when

2238
03:14:44,960 --> 03:14:52,080
you're saying the setbacks
one they should safety should be number

2239
03:14:50,560 --> 03:15:01,359
one.
Okay. So the setbacks if if you make it

2240
03:14:57,600 --> 03:15:04,640
what was it 400 foot from the adjoining
property owners I believe is what what

2241
03:15:03,600 --> 03:15:10,000
was suggested
>> 400t from the center of the road 200t

2242
03:15:07,279 --> 03:15:15,439
from adjoining propert. What if somebody
>> not that we have subdivisions in

2243
03:15:12,160 --> 03:15:21,920
Manchester Township, but what if
somebody is,

2244
03:15:17,840 --> 03:15:27,840
you know, within that 400 foot, but his
neighbor who is not adjoining is also

2245
03:15:25,279 --> 03:15:33,760
within that 400 foot, shouldn't he have
a say in it as well?

2246
03:15:30,239 --> 03:15:39,040
I mean the the you know the one person
owns the property that was in is within

2247
03:15:36,160 --> 03:15:45,279
that 400 foot but that 400 foot might
also include maybe the next two or three

2248
03:15:42,319 --> 03:15:49,200
people that are next to him that aren't
adjoining.

2249
03:15:47,600 --> 03:15:54,319
I don't know if you if that question
even came up and answered.

2250
03:15:51,439 --> 03:15:58,640
» I don't know that I'm I don't know that
I'm following you. I mean I'm

2251
03:15:55,920 --> 03:16:04,399
» okay. So a guy lives within 400 foot his
property does. He don't have he has less

2252
03:16:01,200 --> 03:16:10,200
than 400 foot width of his property. So
the next person falls within that 400

2253
03:16:06,720 --> 03:16:10,200
but he's not adjoining.

2254
03:16:11,600 --> 03:16:16,399
» Is that clear?
>> No.

2255
03:16:14,160 --> 03:16:21,760
» The setback is from the property line
into the parcel that would have the

2256
03:16:19,200 --> 03:16:26,640
solar. So you're having extended. So if
he's 400 ft, if he's 390 ft, he's going

2257
03:16:25,040 --> 03:16:32,800
to be
790 ft from us the start of the soul.

2258
03:16:31,279 --> 03:16:35,840
» No, he wouldn't.
>> Yeah,

2259
03:16:33,359 --> 03:16:39,680
» I think. Are you talking about like if
So that property owner that would be in

2260
03:16:37,600 --> 03:16:42,239
that middle if he's signing a waiver to
say, "Yeah,

2261
03:16:40,399 --> 03:16:46,960
» he's signing a waiver says he's okay
with it, but the guy that falls within

2262
03:16:44,399 --> 03:16:49,040
that's still within the 400t doesn't
sign away."

2263
03:16:47,439 --> 03:16:51,920
» But the 400 foot's on the way back from
the road. So

2264
03:16:50,880 --> 03:16:54,479
» what is it from the
>> it's 200

2265
03:16:52,720 --> 03:17:00,000
» 200. So
>> I guess if you had a property a zero set

2266
03:16:57,840 --> 03:17:04,720
back well you can only go down to 100
ft. So then the

2267
03:17:02,160 --> 03:17:07,840
» I'm just not understand we'd have to
make it to where you

2268
03:17:05,920 --> 03:17:12,560
» Well, if you were in you were in a
subdivision type thing. That's very

2269
03:17:10,880 --> 03:17:15,120
» I think I understand what you're saying
now.

2270
03:17:13,520 --> 03:17:21,359
» But you took the rights away from the
person that's still within 400t but he

2271
03:17:17,520 --> 03:17:25,160
doesn't adjoin it. So he just lost.
That's my concern.

2272
03:17:27,200 --> 03:17:34,560
» So anyway, that's that's my com. So you
want a minimum set back to the any

2273
03:17:31,920 --> 03:17:40,319
adjoining any non-adjoining property
owners within that distance

2274
03:17:37,680 --> 03:17:43,680
» that's that's what I'm
>> if they're signing the waiver they have

2275
03:17:41,600 --> 03:17:45,760
to own the property that mean still
meets that what

2276
03:17:44,720 --> 03:17:48,880
» within the 400
>> the 100 plus whatever the setback is

2277
03:17:48,000 --> 03:17:57,359
determined to be
>> right

2278
03:17:50,800 --> 03:18:01,520
» okay so I was grasping um and
you knew you my ears went

2279
03:17:59,439 --> 03:18:05,680
Dennis, when you said it it ought to be
different at a park, correct? Did I

2280
03:18:04,479 --> 03:18:07,600
understand you to say that? You
understand?

2281
03:18:06,160 --> 03:18:12,960
» I said I could understand what people
>> Well, people live out there in that

2282
03:18:09,359 --> 03:18:17,200
rural area. That is our park.
>> So, I don't see any difference at all.

2283
03:18:15,600 --> 03:18:20,960
That's where we chose to live. That's
where we bought our property. That's

2284
03:18:18,640 --> 03:18:26,239
where we pay our taxes. That's why we
went there. So, that is my park. If my

2285
03:18:24,000 --> 03:18:32,319
kids and grandkids are playing in my
backyard, it shouldn't be any different

2286
03:18:29,120 --> 03:18:37,600
for that than it should be at a park
because that's that is my park.

2287
03:18:35,840 --> 03:18:41,600
» That's why we chose to live there.
>> Point taken.

2288
03:18:38,640 --> 03:18:46,319
» And the and the other is just a kind of
concern and a and a wake up. I'm kind of

2289
03:18:44,800 --> 03:18:52,319
getting the feeling that, you know,
these this this company or these

2290
03:18:48,640 --> 03:18:55,760
companies came to this county.
you didn't, nobody here went out and

2291
03:18:54,319 --> 03:19:00,319
recruited them and said, "Hey, come
here. We've got some opportunity for

2292
03:18:57,439 --> 03:19:05,200
you." So, I think we should be more
concerned about the people that live

2293
03:19:02,560 --> 03:19:12,160
here and the cost that they're paying
for it than what it cost the developers.

2294
03:19:09,680 --> 03:19:15,200
That's that's just my opinion. I don't
think we should be worried about what it

2295
03:19:13,680 --> 03:19:20,080
cost them because they're doing it
because

2296
03:19:17,439 --> 03:19:24,479
it's saving. They're they're getting
Okay, I'm getting confused. So that's

2297
03:19:22,080 --> 03:19:27,040
that's all I got.
>> Got you.

2298
03:19:24,960 --> 03:19:30,239
» You're more concerned about us than what
it cost them.

2299
03:19:28,239 --> 03:19:32,000
» I am more concerned about you than what
it cost developers.

2300
03:19:31,359 --> 03:19:35,239
» Well, thank you.
>> I am.

2301
03:19:40,160 --> 03:19:51,520
I'll let you go next. Go ahead.
>> No, you're fine. It's fine.

2302
03:19:47,840 --> 03:19:57,840
» Name's Steve Neil. I've been in uh It's
Manchester area for been married for 54

2303
03:19:54,160 --> 03:20:03,439
years and I married a Manchester girl
and I've lived there for 54 years since

2304
03:20:00,479 --> 03:20:10,479
I married her. But uh my question is
there's two things. I went to

2305
03:20:07,359 --> 03:20:14,080
uh Agnar Hall and I had two or three
questions

2306
03:20:12,080 --> 03:20:19,239
and one of the questions was I seen up
on a board a picture said minimal

2307
03:20:16,239 --> 03:20:19,239
excavation.

2308
03:20:19,680 --> 03:20:29,359
All right. I didn't get an answer.
>> They wouldn't tell me what it was.

2309
03:20:27,120 --> 03:20:32,960
All right. Remember that?
>> Please direct your

2310
03:20:30,319 --> 03:20:37,120
» Okay. I'm sorry. I'm sorry. And but the
that's one of the that's one of the

2311
03:20:34,319 --> 03:20:42,560
things I was minimal excavation.
I've been in contracting for 35 years

2312
03:20:40,800 --> 03:20:46,560
and I've seen a lot of dozer work and
I've seen a lot of things done with

2313
03:20:44,160 --> 03:20:52,800
dozers and stuff.
A burm in an area

2314
03:20:50,319 --> 03:20:57,520
I don't know how that's going to work
because that is not flat ground.

2315
03:20:56,000 --> 03:20:59,680
You put a burm unless you're going to
put pipes through the burm.

2316
03:20:59,279 --> 03:21:03,920
» Yeah.
>> To get the water to drain out, you're

2317
03:21:02,399 --> 03:21:06,960
going to create ponds or you're going to
create muddy areas. You're going to

2318
03:21:05,279 --> 03:21:12,000
create areas that's not going to be able
to be used.

2319
03:21:09,200 --> 03:21:18,080
And also, I used to fight with you guys
all the time about certain things on

2320
03:21:14,319 --> 03:21:23,920
setbacks and stuff. Um, but one of the
things was is water water flow.

2321
03:21:22,160 --> 03:21:28,319
I got a couple friends of mine that's
part of this and they're they are for it

2322
03:21:26,239 --> 03:21:35,200
and they are going to let their or use
their land for that. One of them is on

2323
03:21:32,720 --> 03:21:39,840
his his property the high side is behind
his house

2324
03:21:37,120 --> 03:21:45,120
and it comes down it's a pretty big farm
and uh it comes down to that. But what

2325
03:21:43,279 --> 03:21:50,080
happens to the guy that's got the bean
field just on the other side of him or

2326
03:21:47,840 --> 03:21:54,160
connecting him with the corn field or
even a house? You put that burm up

2327
03:21:52,720 --> 03:21:59,359
there, you stop that water from flowing
down there. That ain't right.

2328
03:21:57,680 --> 03:22:04,080
And I don't think BMS are going to work
anyway because it's not flat ground. If

2329
03:22:02,399 --> 03:22:09,680
it was per flat ground like the top of
your table wouldn't be a problem.

2330
03:22:07,760 --> 03:22:13,920
But that's pretty much all I've got and
the only thing I'm looking for is THREE

2331
03:22:11,120 --> 03:22:13,920
MORE VOTES.

2332
03:22:20,239 --> 03:22:23,880
THAT'S ALL WE NEED.

2333
03:22:33,279 --> 03:22:39,279
» HI, my name is Michelle Dudley, resident
of Manchester my whole life. I have a

2334
03:22:37,439 --> 03:22:42,800
testimony that was written directly to
you guys. I've shared it before, but it

2335
03:22:41,040 --> 03:22:46,800
doesn't seem it resonated at all. So,
I'm going to share it again. It directly

2336
03:22:44,399 --> 03:22:50,800
relates to setbacks and noise levels.
Um, and this woman is a me. She's from

2337
03:22:49,200 --> 03:22:55,120
Brooks County, Georgia. She wrote this
specifically to you guys. My name is Peg

2338
03:22:53,120 --> 03:23:00,080
Howard. I served on the Brooks County,
Georgia solar ordinance committee, and I

2339
03:22:57,279 --> 03:23:04,399
live less than 1500 feet from a utility
scale solar facility. I want to speak to

2340
03:23:02,640 --> 03:23:08,000
you not just as someone who helped write
our policy, but as someone whose life

2341
03:23:06,160 --> 03:23:12,479
was changed by trusting the wrong
assurances from a developer. Before the

2342
03:23:10,479 --> 03:23:17,040
solar project was built, our home was
our refuge. It was quiet, peaceful, the

2343
03:23:15,439 --> 03:23:20,960
kind of place where you breathe deeper
the moment you step outside. After the

2344
03:23:19,359 --> 03:23:25,760
facility went in, that piece
disappeared. The noise didn't just

2345
03:23:22,880 --> 03:23:30,880
intrude, it invaded. It followed us into
every corner of our property. My porch,

2346
03:23:28,399 --> 03:23:35,840
formerly an evening resppit, is now a
place I avoid. My yard, once my favorite

2347
03:23:33,520 --> 03:23:40,800
part of our property, feels hostile.
What used to restore me now drains me.

2348
03:23:39,040 --> 03:23:45,359
Developers will tell you that setbacks
and decibel averages guarantee no

2349
03:23:43,040 --> 03:23:49,040
problems. I believed that once. But what
they don't tell you is that solar noise

2350
03:23:47,040 --> 03:23:54,319
isn't just noise that can be measured by
decb. Its pure tones, low frequency

2351
03:23:51,920 --> 03:23:59,279
vibration, and a constant hum that the
atmosphere itself can and does amplify.

2352
03:23:57,200 --> 03:24:03,040
Normal atmospheric occurrences create
temperature inversions. The sound bends

2353
03:24:01,439 --> 03:24:07,439
and carries like it's being pushed
straight towards you. I can even hear

2354
03:24:04,800 --> 03:24:11,279
the facility from 3,000 ft away. A
setback alone cannot protect a family

2355
03:24:09,359 --> 03:24:16,160
from that. Brooks County learned this
the hard way. Next Era Energy, the owner

2356
03:24:13,680 --> 03:24:20,160
of Lineia, promised our board that noise
would be no louder than a refrigerator.

2357
03:24:18,239 --> 03:24:23,600
I think that's what Google said also.
Those words are burned into my memory.

2358
03:24:22,000 --> 03:24:27,920
But the reality was so different that
the company was formally cited by Brooks

2359
03:24:25,760 --> 03:24:32,000
County for violating our noise and
nuisance regulations. They are still

2360
03:24:30,080 --> 03:24:36,399
trying to mitigate this problem by
wrapping active electrical equipment in

2361
03:24:33,920 --> 03:24:41,040
industrial sound blankets. If distance
alone solved the problem, they wouldn't

2362
03:24:38,319 --> 03:24:44,479
be doing that. They refuse to wrap all
the inverters because that would affect

2363
03:24:42,720 --> 03:24:48,399
what would affect what they are able to
deliver for the power purchase agreement

2364
03:24:46,160 --> 03:24:52,640
they have signed with Georgia Power. The
truth is simple. The issue isn't decibb.

2365
03:24:50,560 --> 03:24:56,640
It's frequency, tone, and weather. A
basic handheld meter can say everything

2366
03:24:54,399 --> 03:25:00,080
is within limits while a family is
sitting inside their home with their

2367
03:24:58,160 --> 03:25:04,960
nerves frayed and their quality of life
shattered. That is why when we amended

2368
03:25:02,239 --> 03:25:10,720
our ordinance, we banned held handheld
testing and required real acoustic

2369
03:25:07,600 --> 03:25:14,720
engineering. 1/3 octave octave band
analysis with meteorological log

2370
03:25:12,720 --> 03:25:18,880
logging. We did it because families
deserve better than what we got here in

2371
03:25:16,479 --> 03:25:22,960
our county. I am asking you to please
learn from our pain, not repeat it.

2372
03:25:21,120 --> 03:25:28,160
Protect Dearborn County families by
requiring an ambient noise study by

2373
03:25:25,279 --> 03:25:32,720
mandating proper acoustic testing and by
taking setbacks and sound barrier

2374
03:25:29,920 --> 03:25:36,319
mitigation seriously. People's homes,
their peace, their sense of safety,

2375
03:25:34,720 --> 03:25:39,600
these are not things you can give back
once they're lost. Please don't let what

2376
03:25:38,080 --> 03:25:46,520
happened to us happen in Dearborn
County. Respectfully and sincerely, Peg

2377
03:25:42,000 --> 03:25:46,520
Howard. Thank you.

2378
03:25:46,960 --> 03:25:50,200
» Thank you,

2379
03:25:55,040 --> 03:25:58,040
» Mandy.

2380
03:26:05,920 --> 03:26:11,920
Hey everybody again. My name is Amanda
Thompson. Um, one question that a few

2381
03:26:10,239 --> 03:26:16,479
people reached out to me to ask and I
just wanted to on the record answer. Who

2382
03:26:14,640 --> 03:26:20,160
does Nicole Planning and Zoning
Director, it doesn't even have to be her

2383
03:26:17,840 --> 03:26:22,800
if it's not her, report to
>> this board. This board.

2384
03:26:21,439 --> 03:26:25,359
» That's what I thought. I just wanted it
on record for people in the public to

2385
03:26:24,399 --> 03:26:28,800
actually know that. Thank you.
>> I did make a mistake a couple of weeks

2386
03:26:26,960 --> 03:26:30,640
ago and said that they reported to the
commissioners, but

2387
03:26:29,760 --> 03:26:32,080
» No, you're okay.
>> I just

2388
03:26:31,520 --> 03:26:35,359
» Yeah. Nope.
>> Coming clean.

2389
03:26:32,800 --> 03:26:41,200
» Yeah. Nope. I appreciate it. Um, so then
I want to know why after numerous

2390
03:26:37,279 --> 03:26:46,960
attempts of many people clearly voicing,
coming to the meetings, writing emails,

2391
03:26:44,080 --> 03:26:52,880
um, why so much of that was left out of
the draft ordinance that we got the

2392
03:26:48,880 --> 03:26:57,600
lowest of the low offered.
I don't know if you can answer that or

2393
03:26:54,560 --> 03:27:01,840
not, that's okay. Not. But a lot of
people feel that what we had asked for

2394
03:27:00,319 --> 03:27:07,680
and we came to the meetings and we wrote
the emails and we filled out filled out

2395
03:27:03,520 --> 03:27:12,080
the surveys that we didn't get that we
got below that.

2396
03:27:10,720 --> 03:27:14,640
» Well, I think that's why we're meeting
now so we can correct any of those types

2397
03:27:13,920 --> 03:27:16,560
of issues.
>> Okay.

2398
03:27:15,040 --> 03:27:20,080
» But I know that if
>> she's probably got a stack of paper that

2399
03:27:18,319 --> 03:27:23,200
we just got tonight bigger than this, so
she has a lot to uh

2400
03:27:21,760 --> 03:27:26,640
» to try to accomplish.
>> Understood. I just know that we've been

2401
03:27:24,880 --> 03:27:30,319
showing up for seven months. We have to
start with something

2402
03:27:28,080 --> 03:27:36,399
» all those surveys are not one-sided. So
it's going between both sides of

2403
03:27:34,239 --> 03:27:40,600
not making everybody happy one side or
the other pro against

2404
03:27:42,319 --> 03:27:50,239
those suggestions.
So the US Supreme Court upheld the right

2405
03:27:47,120 --> 03:27:56,319
um of communities by use of zoning for
aesthetics in landmark 1954 decision for

2406
03:27:54,160 --> 03:28:00,640
Burman and Parker. So just remember that
when we are doing our aesthetics and you

2407
03:27:59,040 --> 03:28:06,160
were talking about the Burm and all of
that. This was actually US Supreme Court

2408
03:28:02,880 --> 03:28:12,160
order. The comment was made that 200
feet um I think Denny you may have met

2409
03:28:09,520 --> 03:28:18,080
um that 200 feet wouldn't leave a whole
lot left to do stuff with the remaining

2410
03:28:16,239 --> 03:28:23,439
uh land.
So instead of decreasing that setback,

2411
03:28:20,960 --> 03:28:26,880
why don't we increase it? I mean we
could go the opposite direction. We

2412
03:28:24,960 --> 03:28:31,279
could add more of a setback.
>> That means we'll have to zone

2413
03:28:28,960 --> 03:28:36,479
» solar out period because you don't have
enough contiguous acres to do it. Good.

2414
03:28:34,720 --> 03:28:39,520
» And that's what it actually means.
>> Understood.

2415
03:28:37,920 --> 03:28:41,920
» I'm just going off of what people are
wanting and trying to come up with

2416
03:28:40,880 --> 03:28:48,479
alternatives.
>> My my point in the setback

2417
03:28:45,760 --> 03:28:53,520
demonstration was that if you put a 200
foot perimeter around that 100 acre

2418
03:28:50,720 --> 03:28:56,720
tract, you're taking that land out of
service. Nobody can farm it. There's not

2419
03:28:55,279 --> 03:29:02,239
enough ground there to farm.
>> Yep.

2420
03:28:57,840 --> 03:29:08,560
um you're making whatever company comes
in there to maintain that area. You're

2421
03:29:04,720 --> 03:29:12,479
using resources, paying people, and I
don't really care about what it costs

2422
03:29:10,000 --> 03:29:16,960
the developer because that's their price
to do business, right?

2423
03:29:14,000 --> 03:29:20,479
» But what why do we want to take 40 acres
out of agricultural production just to

2424
03:29:19,040 --> 03:29:23,840
create a setback
>> is my question.

2425
03:29:22,239 --> 03:29:28,800
» Totally understand what you're saying. I
would also flip that and say, why take a

2426
03:29:26,000 --> 03:29:34,000
thousand acres out of production and for
solar? So, it could go either way on

2427
03:29:32,160 --> 03:29:36,000
that. Um,
>> and

2428
03:29:35,040 --> 03:29:42,479
» and then the the question,
>> if I reset my timer, we're well over

2429
03:29:39,680 --> 03:29:46,720
» Okay. Well, I was getting feedback. Um,
I will say this ending if you don't

2430
03:29:44,080 --> 03:29:52,080
mind. On Lineia's own website, they
stated that their noise stays between 0

2431
03:29:49,920 --> 03:29:54,960
to 45 dB.
>> Between what? zero and 45.

2432
03:29:54,319 --> 03:29:58,120
» Okay,
>> thank you.

2433
03:30:00,560 --> 03:30:08,080
» Hello, my name's Jessica Schneider. I'm
gonna cut this down. Um,

2434
03:30:05,680 --> 03:30:15,760
just to I have this printed off just for
the record. 43 people in Dearborn County

2435
03:30:10,880 --> 03:30:23,120
mentions u 1500 foot setbacks, 44 people
for property value guarantees, 43 for

2436
03:30:19,120 --> 03:30:30,000
well buffers, 33 people for 40 decimal
noise limit, and 32 for a 200 acre

2437
03:30:26,640 --> 03:30:35,359
project and only two people on here were
crow. So here's the record right here.

2438
03:30:32,399 --> 03:30:38,720
» You know how long 1500 ft is?
>> I know sir, but I'm just giving an

2439
03:30:36,880 --> 03:30:41,680
example. The people can tell you
>> only two people.

2440
03:30:39,680 --> 03:30:43,680
» Five foot five football.
>> I'm just telling you what was emailed to

2441
03:30:43,200 --> 03:30:48,080
you guys.
>> I know. I'm just responding.

2442
03:30:45,680 --> 03:30:49,439
» But we we have to represent everyone in
the county.

2443
03:30:48,800 --> 03:30:53,279
» Yeah, you're right.
>> I mean, there's approximately 50,000

2444
03:30:52,080 --> 03:30:56,800
people in this county.
>> That's right.

2445
03:30:53,840 --> 03:31:00,640
» I mean, I I wouldn't even know. Maybe
50% of them.

2446
03:30:57,920 --> 03:31:05,760
» That's the printed record of who's
emailed Nicole. I'm not saying I mean,

2447
03:31:03,920 --> 03:31:10,840
I'm sure there's more than two people.
Yes. But that's two people. That's

2448
03:31:07,840 --> 03:31:10,840
email.

2449
03:31:22,000 --> 03:31:28,120
» I think this was one set of papers.
>> Sorry.

2450
03:31:30,239 --> 03:31:36,840
» Here we have the whole thing.
>> Yeah. Here's the rest of it.

2451
03:31:36,960 --> 03:31:45,720
more.
>> I guess missing page one

2452
03:31:40,800 --> 03:31:45,720
» here. You got her now.

2453
03:32:00,399 --> 03:32:07,040
» Hi. Uh my name is Toeer Anderson. Um and
I am actually a resident of Brownsburg,

2454
03:32:05,520 --> 03:32:10,640
Indiana. uh but I work with a group
called land and liberty that is here to

2455
03:32:08,960 --> 03:32:14,399
represent the rights of land owners
across the state especially around

2456
03:32:12,080 --> 03:32:18,720
energy sighting issues. Uh so I'm really
here to testify that this ordinance is

2457
03:32:16,399 --> 03:32:22,800
pretty much excessive regulation. Uh and
that if in enacted if enacted it would

2458
03:32:20,880 --> 03:32:27,200
make solar development the most heavily
regulated use in this county. Uh and I

2459
03:32:25,200 --> 03:32:32,239
want to point to three areas to to back
this up. Uh first uh I I would recommend

2460
03:32:30,560 --> 03:32:37,760
just striking the 10 mile requirement
between solar panels. Um, Dearborn

2461
03:32:34,880 --> 03:32:42,399
County is 16 miles wide and 26 miles
long. So, if we put one solar project in

2462
03:32:40,880 --> 03:32:47,279
the center of the county of a thousand
acres, a good chunk of which is being

2463
03:32:44,720 --> 03:32:51,840
taken up by BMS and everything, it's not
a total ban, but it's pretty dang close.

2464
03:32:49,520 --> 03:32:58,080
And we don't really have a compelling I
I don't understand a compelling reason

2465
03:32:53,359 --> 03:33:03,200
to put a 10 mile spacing between um
solar fields uh other than to to limit

2466
03:33:01,200 --> 03:33:07,600
its uh use which clearly some people
here want to just straight up ban it. So

2467
03:33:04,960 --> 03:33:11,040
I appreciate their honesty there. Um
likewise though the uh limitation of a

2468
03:33:09,600 --> 03:33:14,880
thousand acres restricts the property
rights of anyone who's adjacent who also

2469
03:33:12,960 --> 03:33:17,600
wants to benefit. But if they're the
next in line, they don't have that

2470
03:33:16,160 --> 03:33:22,880
opportunity because they have the
thousand1st acre. So I would recommend

2471
03:33:20,239 --> 03:33:27,040
striking that as well. Um second, these
setbacks are higher than for anything

2472
03:33:24,560 --> 03:33:31,520
else in the county. So for reference, in
your broader ordinance, the heavy

2473
03:33:28,880 --> 03:33:35,760
industrial use and is appropriately the
highest level of setbacks. These

2474
03:33:33,680 --> 03:33:40,399
required setbacks are 100 feet on the
front and 50 feet from the side.

2475
03:33:38,640 --> 03:33:45,359
Permitted uses for heavy industrial
zones are, and I'm pulling this from

2476
03:33:42,080 --> 03:33:50,000
your ordinance, mining, landfills,
firework, firework or explosive

2477
03:33:47,520 --> 03:33:55,120
manufacturers, prisons, gas line, and
oral distribution sites. So, at 50 ft

2478
03:33:53,200 --> 03:33:58,720
and 100 ft are sufficient to protect
neighbors from the damages of a

2479
03:33:56,479 --> 03:34:04,160
landfill, gas line, or explosive
manufacturer. Anything above that feels

2480
03:34:02,000 --> 03:34:08,479
like we are verging into something
relatively arbitrary uh for political

2481
03:34:07,040 --> 03:34:13,040
reasons that aren't directly tied to
health and safety as has been frequently

2482
03:34:10,160 --> 03:34:16,000
claimed here. Um third, uh the BMS and
screening requirements are some of the

2483
03:34:14,399 --> 03:34:20,319
most extreme I've seen across counties
in Indiana. Uh BMS uh even with just two

2484
03:34:18,800 --> 03:34:24,399
foot BMS, that would be the largest
drainage, soil erosion, and property

2485
03:34:22,640 --> 03:34:28,160
damaging part of a solar project to come
into this county. So, I would really

2486
03:34:26,319 --> 03:34:32,319
recommend taking a close look at that
and and asking whether that's worth it.

2487
03:34:30,960 --> 03:34:36,720
And I just want to say that all of this
unnecessary regulation is harmful to the

2488
03:34:34,319 --> 03:34:43,040
land owners in your county. According to
the USDA, the average non-commercial

2489
03:34:38,960 --> 03:34:46,239
farm in in 2024 made minus $1,800.
And a recent Purdue study highlights

2490
03:34:44,560 --> 03:34:50,640
that the average solar lease provides
three times more income per acre than

2491
03:34:48,000 --> 03:34:55,520
farming. So all these claims of losing
our farmland or our park or our visual

2492
03:34:53,760 --> 03:34:59,680
lose the fact lose sight of the fact
that it isn't our land. It is the land

2493
03:34:57,920 --> 03:35:05,520
of the people whose deed is on that
land. And we did not fight for freedom

2494
03:35:03,279 --> 03:35:10,160
in this country to have governments
start to tell me what I can and can't do

2495
03:35:07,439 --> 03:35:13,840
with my land to this extreme. Um, so I'm
really asking that the county government

2496
03:35:12,080 --> 03:35:18,080
reconsider and step back from this
excessive regulation uh to enable land

2497
03:35:16,560 --> 03:35:22,560
owners to use their land as they see
fit. Thank you.

2498
03:35:19,600 --> 03:35:28,000
» Before you leave, repeat uh the question
about you said something about politics.

2499
03:35:26,720 --> 03:35:31,359
» Yes. So
>> what was that statement? uh it was in

2500
03:35:30,080 --> 03:35:36,560
regard to the fact that we are
regulating the setbacks of solar

2501
03:35:34,479 --> 03:35:40,000
to be higher than things like explosive
manufacturers which I believe is

2502
03:35:38,479 --> 03:35:43,920
probably tied to some political
sentiments or something of that nature.

2503
03:35:42,160 --> 03:35:47,920
It feels like a relatively arbitrary
discrimination.

2504
03:35:46,000 --> 03:35:54,279
» I think you should sit down.
>> Okay. Well, thank you for your time.

2505
03:35:51,120 --> 03:35:54,279
» Thank you,

2506
03:35:54,720 --> 03:35:57,720
» Emily.

2507
03:36:01,600 --> 03:36:04,760
You deserve

2508
03:36:13,279 --> 03:36:19,560
» please take one and hand it down.
>> Lord

2509
03:36:22,640 --> 03:36:32,080
» Emily Hartman, Dearborn Calvary.
All right, we have a lot. Um, but I want

2510
03:36:29,200 --> 03:36:36,720
to start off with one of my favorites.
In 1926, in Uklid versus Amler realy,

2511
03:36:35,200 --> 03:36:40,640
the United States Supreme Court found
that zoning is a valid exercise of

2512
03:36:38,560 --> 03:36:44,640
police power which local governments use
to protect the public welfare. The court

2513
03:36:42,800 --> 03:36:48,160
wrote, "The line which separates the
legitimate from the illegitimate

2514
03:36:46,080 --> 03:36:52,720
assumption of power is not capable of
precise delimination. It varies the

2515
03:36:50,560 --> 03:36:56,160
circumstances and conditions. The
question of whether the power exists to

2516
03:36:54,319 --> 03:37:01,439
forbid the erection of a building or a
particular kind or for a particular use,

2517
03:36:59,840 --> 03:37:05,920
like the question of whether a
particular thing is a nuisance, is to be

2518
03:37:03,840 --> 03:37:11,200
determined not by abstract consideration
of the building or the thing considered

2519
03:37:07,760 --> 03:37:16,560
a part, but by considering in connection
with the circumstances and the reality.

2520
03:37:14,160 --> 03:37:21,040
A nuisance may be merely a right thing
in the wrong place, like a pig in the

2521
03:37:18,800 --> 03:37:26,080
parlor instead of the barnyard. And
that's how I want to dive into this

2522
03:37:24,800 --> 03:37:30,800
document in front of you because it's
not that fun. All right. So, an

2523
03:37:28,960 --> 03:37:35,399
industrial power plant getting thrown
into a residential and agricultural

2524
03:37:32,399 --> 03:37:35,399
area.

2525
03:37:35,520 --> 03:37:41,680
The pig in the parlor thing. Okay. The
setback requirements for utility scale

2526
03:37:40,000 --> 03:37:45,200
solar development should protect the
public health, safety, and general

2527
03:37:43,120 --> 03:37:49,279
welfare of our community while still
allowing appropriately sighted solar

2528
03:37:47,120 --> 03:37:53,040
development to occur. These facilities
are substantially larger and more

2529
03:37:50,880 --> 03:37:57,200
intensive than typical uses permitted in
agricultural and rural areas. Their

2530
03:37:55,359 --> 03:38:01,200
impacts can extend well beyond the
project boundary, including visual

2531
03:37:58,880 --> 03:38:06,000
impacts, changes to the character of the
surrounding landscape, glare, noise,

2532
03:38:03,760 --> 03:38:10,720
fencing, and security infrastructure and
the industrialization of land next to

2533
03:38:08,640 --> 03:38:16,160
properties whose owners did not choose
to participate in the project.

2534
03:38:13,120 --> 03:38:19,520
the citizens recommendations of a 1500
foot setback from nonparticipating

2535
03:38:17,840 --> 03:38:24,560
property lines. I know it's a lot of
football fields and a 500 foot setback

2536
03:38:22,319 --> 03:38:29,279
from public rideway are consistent with
the statutory purposes outlined in

2537
03:38:26,399 --> 03:38:34,479
Indiana code title 36 article 7 chapter
4 and I have the footnotes there. I know

2538
03:38:31,680 --> 03:38:37,200
I'm short on time. These setbacks are
not intended to prevent solar

2539
03:38:35,840 --> 03:38:41,279
development. They are intended to ensure
that solar development is appropriately

2540
03:38:39,120 --> 03:38:45,279
located and the rights and quality of
life of neighboring property owners are

2541
03:38:43,040 --> 03:38:49,760
considered. These recommendations are
also consistent with our comprehensive

2542
03:38:46,960 --> 03:38:55,200
plan which uh Bobby
read from and the footnotes I have comp

2543
03:38:52,160 --> 03:39:00,640
plan cited there too. Um and let's jump
to a important part of that.

2544
03:38:58,720 --> 03:39:04,880
Almost most land in Dearborn County is
privately owned. The entire community

2545
03:39:02,479 --> 03:39:08,399
has a stake in how it is used. the
health, safety, and welfare of all

2546
03:39:06,319 --> 03:39:12,720
current Dearborn County citizens as well
as future generations are affected by

2547
03:39:10,239 --> 03:39:16,000
the use of land. The comprehensive plan
is the key to most appropriately

2548
03:39:14,319 --> 03:39:20,399
managing the land and its future
development in Dearborn County. And then

2549
03:39:18,479 --> 03:39:23,760
I'll jump back to my speech. These
recommendations are also consistent with

2550
03:39:22,080 --> 03:39:27,760
our comprehensive plan, which calls for
the conservation of farmland and open

2551
03:39:25,840 --> 03:39:32,160
space in rural areas to preserve our
local economy and quality of life. It

2552
03:39:30,479 --> 03:39:37,359
also calls for minimizing negative
impacts between incompatible land uses

2553
03:39:35,040 --> 03:39:41,439
includ including the noise, traffic, and
other conditions that could create a

2554
03:39:39,359 --> 03:39:46,720
nuisance or danger to adjacent
properties.

2555
03:39:43,359 --> 03:39:50,880
Our handout or my handout also includes
a comparison of Indiana counties that

2556
03:39:48,560 --> 03:39:54,720
starts on page three.
Um

2557
03:39:52,640 --> 03:40:01,279
Jim, Mr. Thatcher, you mentioned the
averages which was really great.

2558
03:39:58,560 --> 03:40:03,840
Did I leave my phone over there?
>> Okay,

2559
03:40:02,000 --> 03:40:07,399
» it's on the counter.
>> So, 60.

2560
03:40:08,000 --> 03:40:16,720
» Oh, no.
>> All right, here we go. 67.

2561
03:40:14,479 --> 03:40:20,560
» Oh, yeah. I'm speaking for a group.
>> Yeah, sure. I'll speak for the group.

2562
03:40:18,640 --> 03:40:25,439
» Come on. Look,
>> let Miss Hartman finish her stuff and I

2563
03:40:22,880 --> 03:40:31,439
can't let everybody just talk.
67 counties in Indiana do have solar

2564
03:40:28,479 --> 03:40:35,520
ordinances. Um, and these ordinance that
I referenced because I wanted to do

2565
03:40:33,439 --> 03:40:39,439
apples to apples, not apples to oranges.
So, when we're looking at those

2566
03:40:36,560 --> 03:40:44,880
averages, it there's a big difference in
the range there. Uh, what were they

2567
03:40:41,439 --> 03:40:49,040
again? I heard you from like 25 up to a
much bigger number. This is

2568
03:40:46,960 --> 03:40:56,239
» going to have to wrap up shortly.
>> Okay. Well, so

2569
03:40:53,120 --> 03:40:59,439
that's why I need to stick to my thing.
Several Indiana counties now require

2570
03:40:58,080 --> 03:41:02,960
thousand feet or more from
non-participating property lines. Please

2571
03:41:01,200 --> 03:41:06,319
note all these ordinances, they've been
in the same position as us. They're

2572
03:41:04,160 --> 03:41:11,279
rewriting their ordinance since 2023.
These are not 2019 ordinances we're

2573
03:41:08,880 --> 03:41:15,520
comparing to, including Allen, Rush,
Davis, Fountain, Wells, Boone,

2574
03:41:13,120 --> 03:41:19,439
Huntington, Carol, Spencer, Fulton,
Whitley, and Faget. Others use tiered

2575
03:41:17,920 --> 03:41:23,520
setbacks. They increase with more sight.
>> I ask you to sit down.

2576
03:41:20,960 --> 03:41:29,080
» Even if I'm representing a group,
>> you didn't state you were representing a

2577
03:41:25,439 --> 03:41:29,080
group when you started.

2578
03:41:29,760 --> 03:41:38,680
» I'm representing.
>> Well, here. Who would like to speak?

2579
03:41:35,600 --> 03:41:38,680
» All right.

2580
03:41:39,600 --> 03:41:43,319
» She already said

2581
03:41:43,840 --> 03:41:52,760
you already spoke. You already spoke.
you guys

2582
03:41:49,439 --> 03:41:52,760
shut it down.

2583
03:41:53,920 --> 03:41:59,760
» Josh Hollon incorporated part of
Dearborn County. Uh continuing on, our

2584
03:41:57,840 --> 03:42:02,800
handout also includes a comparison of
Indiana counties that have adopted or

2585
03:42:01,279 --> 03:42:08,080
amended their solar ordinances since
2023. These counties are not anti-solar.

2586
03:42:06,080 --> 03:42:12,160
In fact, some including Stark County
have facilitated solar development. And

2587
03:42:10,239 --> 03:42:15,600
the recent to throw this up in here, the
recent counties which were referenced

2588
03:42:13,680 --> 03:42:20,640
are in northern a lot of them are in
northern part where it's flat. We are in

2589
03:42:17,439 --> 03:42:27,279
the hilly part. We are below I US40.
We're below I7. We are a lot hillier.

2590
03:42:24,239 --> 03:42:32,080
Getting back to here.
They have recognized the counties that

2591
03:42:30,000 --> 03:42:36,399
utility Stark County specifically the
utility scale solar projects have

2592
03:42:33,840 --> 03:42:41,120
evolved and that ordinances written when
projects were expected to be around 100

2593
03:42:38,239 --> 03:42:45,120
acres or less may not have adequately
addressed today's much larger industrial

2594
03:42:42,800 --> 03:42:49,040
scale facilities. Several Indiana
counties now require 1,000 ft or more

2595
03:42:46,880 --> 03:42:52,399
from non-participating property lines.
Those counties have already been

2596
03:42:50,000 --> 03:42:56,640
mentioned. A 1500t setback provides
meaningful separation for neighboring

2597
03:42:54,560 --> 03:42:59,840
land owners. It reduces the intensity of
the project's impacts while preserving

2598
03:42:58,479 --> 03:43:04,479
reasonable space around homes,
agricultural operations, and other

2599
03:43:01,520 --> 03:43:09,680
lawful uses. Private property rights
prevail. I also want to respectfully

2600
03:43:07,120 --> 03:43:16,000
address the concern that a 1500t setback
may not I'll wait. Okay, there you go. I

2601
03:43:14,399 --> 03:43:21,359
also want to respectfully address the
concern that a 1500t setback may be

2602
03:43:18,080 --> 03:43:25,880
impractical in Deer County. The sketch
that was presented to illustrate this

2603
03:43:22,880 --> 03:43:25,880
concerns

2604
03:43:28,000 --> 03:43:35,359
appears to apply to 1500T setback to a
single parcel in isolation.

2605
03:43:33,199 --> 03:43:39,279
That does not necessarily reflect how an
industrial scale solar project would

2606
03:43:37,279 --> 03:43:43,600
actually be developed. These projects
can involve multiple parcels assembled

2607
03:43:41,199 --> 03:43:47,520
together as one development. When the
project area is considered as a whole,

2608
03:43:45,760 --> 03:43:52,000
rather than looking at the availability
of one particular parcel, there can be

2609
03:43:50,319 --> 03:43:56,720
substantially more land available within
the project footprint to accommodate the

2610
03:43:53,680 --> 03:44:02,560
setback. So the question should not be
simply whether one parcel can support a

2611
03:43:59,279 --> 03:44:06,479
solar project within a 1500T setback.
The question is whether appropriately

2612
03:44:04,319 --> 03:44:10,800
assembled industrial scale projects can
be designed to meet the setback while

2613
03:44:08,800 --> 03:44:14,800
protecting non-participating property
owners.

2614
03:44:12,720 --> 03:44:18,720
We believe they can and the experience
of other Indiana counties demonstrates

2615
03:44:16,399 --> 03:44:23,840
the meaningful setbacks can coexist with
responsible solar development and a 500t

2616
03:44:21,920 --> 03:44:28,399
setback from a public right away helps
prevent large scale solar infrastructure

2617
03:44:25,680 --> 03:44:32,319
from creating an immediate immediate
industrial wall along our roads that

2618
03:44:30,880 --> 03:44:35,920
protects the rural character and the
inequalities of our road corridors and

2619
03:44:34,160 --> 03:44:40,800
provides additional separation for the
traveling public.

2620
03:44:37,920 --> 03:44:43,600
Ultimately, it's about balance. We can
support the responsible solar

2621
03:44:42,000 --> 03:44:47,040
development without sacrificing the
character, safety, property rights, and

2622
03:44:45,359 --> 03:44:52,160
quality of life that make Deburn County
a place people want to live. And we

2623
03:44:50,080 --> 03:44:56,640
respectfully ask you to adopt the 1500
foot setback. Look at all those trees

2624
03:44:53,760 --> 03:45:01,439
that could be planted in there. We are a
county known as trees

2625
03:44:58,960 --> 03:45:06,319
from the noticipated property lines and
around the 500t setback for public

2626
03:45:03,600 --> 03:45:10,160
rights aways. These are responsible,
protective, supported by Supreme Court

2627
03:45:08,399 --> 03:45:15,840
decisions,
and consistent with both Indiana law and

2628
03:45:11,840 --> 03:45:20,479
our community's comprehensive plan. Uh,
I got a lot of other things to say, but

2629
03:45:17,760 --> 03:45:22,560
you've done a nice job.
Thank you very much.

2630
03:45:21,600 --> 03:45:25,800
» Can you bring me?
>> Yes, ma'am.

2631
03:45:45,600 --> 03:45:51,920
Uh Chris Barry, I want to say that I'm
I'm proud of like just as Americans

2632
03:45:50,399 --> 03:45:55,279
what's happening in the room. And so I
just want to acknowledge like this type

2633
03:45:53,359 --> 03:45:59,279
of like civic debate. No, it's amazing.
I and I honestly like we could talk

2634
03:45:57,359 --> 03:46:02,640
after Bobby. We can disagree. I think we
need to do so civily. And I think this

2635
03:46:01,040 --> 03:46:06,000
is like amazing. This is how our country
works. I'm proud of us as Americans. I'm

2636
03:46:04,880 --> 03:46:10,080
going to start with a couple things
>> directed towards

2637
03:46:07,040 --> 03:46:13,359
» on on on noise. I I think that maybe one
thing we could do is we could add

2638
03:46:11,760 --> 03:46:16,880
there's a property line, but then
there's also what happens at a as a res

2639
03:46:15,120 --> 03:46:22,239
at a residence. I think it's what you're
alluding to in the Indiana standards.

2640
03:46:18,880 --> 03:46:27,199
It's 50 a weighted decibb
>> at a house.

2641
03:46:24,080 --> 03:46:32,640
» Make we suggesting that be 40.
>> So reduce that to 40 at the house, 55 at

2642
03:46:30,319 --> 03:46:35,840
the property line. one example. Um, I
think the lightning example is a great

2643
03:46:33,920 --> 03:46:39,680
one. It's, you know, keeping it down,
keeping it mitigated.

2644
03:46:37,199 --> 03:46:44,479
» There's 75
>> 75.

2645
03:46:42,640 --> 03:46:47,520
» Yeah.
>> Uh,

2646
03:46:45,920 --> 03:46:50,160
» on the landscape buffers. I think that
there's like reasonable compromise. I'm

2647
03:46:48,960 --> 03:46:53,680
going to jump on the bandwagon with the
BMS that I think it's going to invite a

2648
03:46:51,760 --> 03:46:58,319
lot of really bad complications. We did
a quick analysis of our own project. It

2649
03:46:55,920 --> 03:47:03,279
would require 10,000
20 ton truckloads of earth for a three

2650
03:47:00,800 --> 03:47:07,680
and a half foot burn. Uh that's from a
local Dearborn contractor. Um and then

2651
03:47:06,080 --> 03:47:10,720
the visual screens I think though are a
good idea. They do protect rural

2652
03:47:09,040 --> 03:47:15,040
character especially around homes.
Something worth doing. But like rounding

2653
03:47:13,120 --> 03:47:20,000
out, I think that those are the main
things that are mitigating solar's

2654
03:47:17,279 --> 03:47:24,880
impact to the community. Otherwise, we
need to ask the question of like what

2655
03:47:22,720 --> 03:47:28,479
value to health, safety, and welfare are
we doing when it's coming at the expense

2656
03:47:26,960 --> 03:47:32,800
of a restriction of a landowner's use of
their property. Um, I think Bobby's

2657
03:47:31,279 --> 03:47:36,239
reference to the comprehensive plan is
is accurate, but there are also

2658
03:47:34,960 --> 03:47:41,120
competing interests within that
comprehensive plan. Two of which are

2659
03:47:38,560 --> 03:47:44,399
economic development and and tax revenue
that help the county fund itself and

2660
03:47:42,880 --> 03:47:48,160
fund roads and schools and all the other
things that we want that you guys want

2661
03:47:45,520 --> 03:47:51,920
to do with your community. We I I I'm
not speaking specifically on the

2662
03:47:49,199 --> 03:47:55,840
project. We just want to say that um
reasonable regulation is what we're for

2663
03:47:54,000 --> 03:48:00,199
and we just give us the standard and and
we want to meet it. Thank you.

2664
03:48:13,520 --> 03:48:20,399
Shauna Drake, Dearborn County, live on
Kboy Drive.

2665
03:48:18,720 --> 03:48:23,040
I want to know if any of you have
children with asthma.

2666
03:48:22,880 --> 03:48:27,040
I
>> have a wife.

2667
03:48:25,439 --> 03:48:29,520
How hard is it for her to breathe when
it's 105

2668
03:48:28,800 --> 03:48:33,199
outside?
>> Same as me.

2669
03:48:31,680 --> 03:48:36,800
» You can't breathe either.
>> I have I have a heart condition.

2670
03:48:35,760 --> 03:48:42,560
» Me, too.
>> All right.

2671
03:48:38,880 --> 03:48:46,560
» I've lost half my body parts
to a Crohn's.

2672
03:48:43,760 --> 03:48:48,960
» Yep. All about
>> and blood clots.

2673
03:48:47,760 --> 03:48:54,800
» Yep.
>> I come from a health side.

2674
03:48:52,080 --> 03:49:00,000
What is the what's the heat difference
over farmland compared to solar?

2675
03:48:57,520 --> 03:49:04,239
» Please direct your questions to us.
>> Oh, well, I thought she was part of you.

2676
03:49:03,439 --> 03:49:08,960
» Direct question.
>> Do you know what? Do you know what the

2677
03:49:07,040 --> 03:49:14,160
heat is that is that comes off of a
solar plant compared to a farmland?

2678
03:49:10,960 --> 03:49:21,120
» I do know. I think it would be really
beneficial to look at that

2679
03:49:17,760 --> 03:49:26,000
because the heat that is produced
is something that causes people who have

2680
03:49:23,760 --> 03:49:33,199
asthma, who have health conditions, who
have chronic illnesses

2681
03:49:29,760 --> 03:49:37,239
to be in the hospital
because of people's mistakes.

2682
03:49:37,600 --> 03:49:46,800
Our diseases come from environmental.
It's it's something that we have we hand

2683
03:49:43,520 --> 03:49:50,960
off to our kids and their kids. And we
have to look at him in the face and say

2684
03:49:48,319 --> 03:49:55,040
that we're not doing anything about it.
And I just want one of you to tell my

2685
03:49:53,359 --> 03:49:59,680
10-year-old granddaughter that her
asthma doesn't matter because he wants

2686
03:49:57,840 --> 03:50:05,439
his property because he's getting a
check for it. She don't get a check for

2687
03:50:01,520 --> 03:50:09,439
it. He doesn't pay her bills.
step up here.

2688
03:50:06,560 --> 03:50:16,239
» And and I'm saying from anybody who's
benefiting from it. This is why we

2689
03:50:12,640 --> 03:50:22,319
elected you guys once again to protect
us. Think of my 10-year-old

2690
03:50:19,120 --> 03:50:30,680
granddaughter with severe asthma that I
have to give nebulizing treatments to

2691
03:50:26,160 --> 03:50:30,680
every 10 minutes to keep her alive.

2692
03:50:32,080 --> 03:50:37,840
I just want you to sit back and think
about that for a while because that's

2693
03:50:35,920 --> 03:50:43,760
who we are talking about. We are talking
about the future of our county

2694
03:50:41,279 --> 03:50:48,239
and the future is in our children and
our grandchildren.

2695
03:50:46,319 --> 03:50:51,479
» Thank you.
>> Thank you.

2696
03:50:58,000 --> 03:51:07,120
Lisa Lee Wisburg Road. I'm just going
over some of this with this wooded area.

2697
03:51:03,520 --> 03:51:11,120
You're saying all but 30%. I was just at
a meeting down here a couple months ago

2698
03:51:08,880 --> 03:51:16,640
that Nicole had given that Dearborn
County is thriving to get at least 40%

2699
03:51:14,399 --> 03:51:20,800
tree coverage.
Now, if it's for Dearborn County, it

2700
03:51:19,040 --> 03:51:27,120
should not just be for the town of
Lburg, right? Each one dividing because

2701
03:51:24,319 --> 03:51:30,720
she's dividing Lburg right now. trees
down here.

2702
03:51:28,160 --> 03:51:32,479
» We want our trees out there. Also,
>> take how many acres you're doing?

2703
03:51:32,080 --> 03:51:36,800
Thousand.
>> That was a little different. Um I

2704
03:51:35,199 --> 03:51:40,399
believe that was from the urban
foresters.

2705
03:51:37,760 --> 03:51:45,040
» Yes, it was. We are We're out there in
the country. It's Dearborn County,

2706
03:51:41,920 --> 03:51:49,439
though. We need our oxygen, too. We need
our oxygen, too.

2707
03:51:46,880 --> 03:51:55,760
» Trees cool. They protect your land. They
keep from water shedding areas eroding

2708
03:51:54,080 --> 03:52:01,359
in the wet. There's a piece of that
property that's under this contract or

2709
03:51:58,319 --> 03:52:05,439
57year lease that he has hardwood trees
there. They cleared some of them which

2710
03:52:03,199 --> 03:52:09,840
is fine. But do you know the previous
owner which is actually going to be an

2711
03:52:07,680 --> 03:52:13,600
owner of this stuff was getting paid by
the government not to even put cattle on

2712
03:52:11,520 --> 03:52:19,199
that farm?
>> And also he's got his mother-in-law's

2713
03:52:16,560 --> 03:52:23,359
earn buried there. And you're going to
take out them trees that she's

2714
03:52:21,359 --> 03:52:29,040
» I'm not taking out any trees. Well,
that's what they're talking about. All

2715
03:52:25,920 --> 03:52:34,560
but 30% of them.
All but 30%.

2716
03:52:31,760 --> 03:52:36,800
» I understand your point, but I'm still
stating the fact that I'm not taking out

2717
03:52:36,399 --> 03:52:41,439
any
>> fencing at six foot high. Deer, adult

2718
03:52:39,279 --> 03:52:44,560
deer can jump out of it, but little deer
will be going to get stuck.

2719
03:52:43,279 --> 03:52:47,840
» They're going to jump in there, have
their babies jump out, and that little

2720
03:52:46,560 --> 03:52:51,359
baby's going to be stranded. If you're
going to build a fence, at least build

2721
03:52:49,199 --> 03:52:56,319
it like around Jefferson proving grounds
that they can't get out.

2722
03:52:53,359 --> 03:52:59,920
or in
people that really want in or out of

2723
03:52:58,399 --> 03:53:03,199
there is going to come over a sixoot
fence, too.

2724
03:53:01,840 --> 03:53:06,439
» Thank you.
>> Thank you.

2725
03:53:08,800 --> 03:53:15,279
» Come on, Ed.
>> I'll be quick about it. I was going to

2726
03:53:12,399 --> 03:53:20,000
talk about the trees, too, but
she did a good job. There is some

2727
03:53:17,439 --> 03:53:24,160
hardwood there. that's in question. And
u

2728
03:53:21,760 --> 03:53:28,560
I think instead of 30% it ought to be at
least 75%.

2729
03:53:26,560 --> 03:53:32,399
» I like trees
and u there was something on here that

2730
03:53:30,560 --> 03:53:36,080
we didn't get to and it talked about
fire protection and

2731
03:53:34,160 --> 03:53:39,760
» we're saving that for the next meeting.
That's actually

2732
03:53:36,800 --> 03:53:42,640
» Well, I just I I'm here's want to talk
about burm

2733
03:53:41,600 --> 03:53:46,319
and dirt.
>> Go ahead. I'm not going to hold you.

2734
03:53:44,239 --> 03:53:51,680
Just speak your mind. Well, you know,
they talk about building BMS and where

2735
03:53:49,279 --> 03:53:58,399
they can get their dirt at on site would
be a retention pond or them can be used

2736
03:53:55,439 --> 03:54:00,319
for fire protection also. So, just I'm
just throwing that out there.

2737
03:53:59,520 --> 03:54:04,560
» Sure. Sure.
>> And and furthermore,

2738
03:54:02,720 --> 03:54:08,239
uh some of these projects or some of
these areas that that they're talking

2739
03:54:06,319 --> 03:54:12,239
about doing, one of the gentleman's
talked about is pretty hilly. I think

2740
03:54:10,319 --> 03:54:18,000
that uh they need to go in and it needs
to be uh site developed

2741
03:54:15,279 --> 03:54:22,399
controlled drainage you know and uh
waterways

2742
03:54:19,520 --> 03:54:27,279
um works a lot of them sites like that
and um got contractor a year with soil

2743
03:54:25,600 --> 03:54:34,600
conservation
that's all you heard enough

2744
03:54:30,399 --> 03:54:34,600
you've still got three minutes

2745
03:54:35,120 --> 03:54:43,479
everybody else go all Hi,
>> come on up.

2746
03:54:45,040 --> 03:54:51,840
» Hi, my name is Lisa Brian and I live on
Weisberg and um I heard a couple of our

2747
03:54:50,080 --> 03:54:56,880
Prolineia people talk about they didn't
like the 10 miles between the solar. So,

2748
03:54:54,640 --> 03:55:02,160
it might be in your backyard. It might
be coming to you guys next. So, um you

2749
03:54:59,760 --> 03:55:07,439
want you said it's you want to re
represent all of Dearborn County, Denny.

2750
03:55:04,000 --> 03:55:12,560
I mean you got you it might be you know
coming somewhere else they have to be

2751
03:55:09,439 --> 03:55:18,239
protected. Um I believe in property
rights. I also believe it's the right

2752
03:55:14,720 --> 03:55:22,640
thing to do when when your neighbors are
being surrounded completely by solar to

2753
03:55:20,399 --> 03:55:26,640
to care about them and to care about
their children and care about why did

2754
03:55:24,960 --> 03:55:30,720
they move out here to begin with. There
were so many people that I know that

2755
03:55:28,239 --> 03:55:35,120
moved out farther into the west side of
Dearborn County to to live in

2756
03:55:32,800 --> 03:55:38,239
agricultural land. That's why we moved
out farther west. That's why our

2757
03:55:36,800 --> 03:55:42,560
children are moving out farther west.
That's why several people that built

2758
03:55:40,160 --> 03:55:46,479
their homes theirelves, they moved out
here

2759
03:55:44,479 --> 03:55:50,080
and we expect you to protect us. I've
been to zoning meetings for years and

2760
03:55:48,319 --> 03:55:53,760
years here and you're like so picky
about everything and now we're going to

2761
03:55:51,439 --> 03:55:58,720
let a company come in from out of town
and just do whatever.

2762
03:55:55,920 --> 03:56:04,199
No. Please protect us.
>> Do not be afraid. Be courageous. Protect

2763
03:56:00,960 --> 03:56:04,199
the people.

2764
03:56:05,199 --> 03:56:08,439
» Thank you.

2765
03:56:17,439 --> 03:56:24,399
» I was just about I just about did I just
about did I just about pulled the

2766
03:56:22,000 --> 03:56:29,520
trigger on him.
You were too slow.

2767
03:56:27,520 --> 03:56:33,840
Chris Mer, Lawrenburg Township. I'm not
in Manchester, but this this ordinance

2768
03:56:32,000 --> 03:56:39,359
affects all of us. And I guess my
question to you is this. I haven't heard

2769
03:56:36,479 --> 03:56:44,720
anything yet in this new revised version
about what happens in the conditional

2770
03:56:42,800 --> 03:56:49,760
use situation that you have in the
original ordinance. you have a

2771
03:56:46,720 --> 03:56:56,479
conditional use for solar this solar
farm in agricultural and a homestead

2772
03:56:53,120 --> 03:57:01,640
use. If you are or are not going to do
that, is that anywhere in the picture?

2773
03:57:03,120 --> 03:57:12,199
» Utility scale and community scales
require additional use.

2774
03:57:09,199 --> 03:57:12,199
um

2775
03:57:16,479 --> 03:57:21,199
» 1920.
>> So, it's still there as a conditional

2776
03:57:19,439 --> 03:57:25,920
use in egg.
>> All right. My personal opinion is that

2777
03:57:23,600 --> 03:57:29,920
when you put conditional uses down, they
sound really good. It sounds like you

2778
03:57:28,000 --> 03:57:35,680
can put something in there. You have
things that you can say about it um to

2779
03:57:32,640 --> 03:57:38,800
restrict and limit and make sure that
you protect some of the neighbors and so

2780
03:57:37,359 --> 03:57:43,120
forth. When you get into that, I
understand that when you get to

2781
03:57:40,880 --> 03:57:46,800
something this big, it's clearly an
industrial use that you're talking

2782
03:57:44,880 --> 03:57:50,319
about. And so, you're taking an
industrial kind of use and you're

2783
03:57:48,560 --> 03:57:55,680
putting it in another area and you're
attempting to control it in that area,

2784
03:57:53,439 --> 03:57:59,760
but it actually doesn't really belong
there. If they really wanted to do it,

2785
03:57:58,080 --> 03:58:06,160
they would come in and they would say,
"I want to put in this solar farm, and

2786
03:58:03,199 --> 03:58:09,359
I'm going to ask you for a zone change."
And at that point in time, then you

2787
03:58:08,000 --> 03:58:13,359
might be saying, "Okay, part of
Manchester Township is going to become

2788
03:58:11,199 --> 03:58:17,199
industrial because we want it to be
industrial." But that's not what you're

2789
03:58:15,680 --> 03:58:20,880
saying. What you're saying is we're
going to let you come in here and we're

2790
03:58:19,120 --> 03:58:26,479
going to try to control this industrial
thing so it doesn't affect them so much.

2791
03:58:23,840 --> 03:58:31,760
So my real question to you is does that
kind of use actually even belong

2792
03:58:28,720 --> 03:58:36,880
anywhere in a rural area or are we
actually trying to convert that rural

2793
03:58:33,760 --> 03:58:40,960
area into something else? And I want you
to think about that when you finish what

2794
03:58:39,439 --> 03:58:44,399
you're doing because I think that
conditional use is the root of a lot of

2795
03:58:42,800 --> 03:58:50,000
the problem that you're seeing right
here right now. Wouldn't be here in that

2796
03:58:48,000 --> 03:58:53,199
rural area
without that. And I think the only

2797
03:58:51,840 --> 03:58:58,720
reason you're having a trouble with it
is because they want to lease land. They

2798
03:58:55,600 --> 03:59:04,160
don't want to own the land. So those two
things are affecting this a lot.

2799
03:59:02,399 --> 03:59:08,560
» Yeah. I don't know that our ordinance
addressed leasing versus owning

2800
03:59:07,359 --> 03:59:13,120
specifically.
>> Well, it would be hard to reszone land.

2801
03:59:10,800 --> 03:59:16,080
The Lana wouldn't be reszoning it. The
owner would be

2802
03:59:13,920 --> 03:59:20,319
» We don't have an application for Lana.
But but I'm just saying a solar farm

2803
03:59:18,399 --> 03:59:24,399
company would not be the one if they're
leasing instead of owning.

2804
03:59:22,319 --> 03:59:28,279
» The person who has to request change is
the owner, right?

2805
03:59:25,279 --> 03:59:28,279
» If if

2806
03:59:29,199 --> 03:59:38,239
think a zone change anywhere out
>> in the western part of the county to

2807
03:59:35,199 --> 03:59:42,960
industrial is going to be a hard
>> cell because for the most part there

2808
03:59:41,040 --> 03:59:47,199
aren't utilities available that would
support an industrial zone chain.

2809
03:59:46,080 --> 03:59:51,600
Yep.
>> And therefore,

2810
03:59:49,600 --> 03:59:56,239
» I'm back to my point. I want you to
think about what you're putting in here.

2811
03:59:53,520 --> 04:00:00,640
And yet, you did get a request just last
month

2812
03:59:57,840 --> 04:00:04,800
for an industrial use in
>> We'll see where that goes.

2813
04:00:02,000 --> 04:00:09,160
» Okay. I'm just saying. All right. Thank
you.

2814
04:00:05,760 --> 04:00:09,160
» Thank you, Chris.

2815
04:00:09,199 --> 04:00:19,120
I'll allow I say allow
one more person this evening and then

2816
04:00:16,080 --> 04:00:22,920
I'd like to wrap the meeting up.
>> Anyone wants to speak?

2817
04:00:23,600 --> 04:00:28,399
Guess I'm not the only one that wants to
go home this evening.

2818
04:00:27,600 --> 04:00:31,880
» Public discussion.
>> I'll second that.

2819
04:00:38,800 --> 04:00:45,760
That's right.
>> Have a motion by Russ for the coast.

2820
04:00:44,000 --> 04:00:48,399
Public discussion. A second by Eric
Lang. All in favor say I.

2821
04:00:47,520 --> 04:00:51,720
» I.
>> Any opposed?

2822
04:00:52,399 --> 04:01:02,000
Motion carried.
>> Hold.

2823
04:00:57,520 --> 04:01:07,439
» Motion dies for lack of a second.
just real quick um because it's on the

2824
04:01:05,279 --> 04:01:12,319
website but also there we're having
another special meeting here at six

2825
04:01:10,319 --> 04:01:14,640
o'clock on September 21st which is a
Monday

2826
04:01:13,359 --> 04:01:18,800
» is a vote possible
>> and I will not be here

2827
04:01:15,840 --> 04:01:23,680
» no I do not have it advertised as a vote
>> I've got a conference

2828
04:01:21,120 --> 04:01:28,319
» so I do not have it advertised as a vote
>> I have Farm Bureau's annual meeting same

2829
04:01:26,080 --> 04:01:31,279
time
>> so

2830
04:01:29,600 --> 04:01:34,080
» I emailed you already I won't be able to
make that meeting either. So if you have

2831
04:01:32,640 --> 04:01:38,000
any questions about anything leading
into that meeting, just let me know.

2832
04:01:36,080 --> 04:01:38,880
» You want to make that date later in the
week.

2833
04:01:38,560 --> 04:01:43,920
» Yeah.
>> Well, we have the plan commission on the

2834
04:01:40,880 --> 04:01:46,720
28th. So
>> what

2835
04:01:44,880 --> 04:01:48,720
» we also already have a plan commission
meeting on the 28th as well,

2836
04:01:48,160 --> 04:01:52,880
» right?
>> It was just trying to get through some

2837
04:01:50,479 --> 04:01:55,880
additional
>> either.

2838
04:01:56,160 --> 04:02:01,720
All right, we're not done yet.
If you can

2839
04:02:01,920 --> 04:02:07,920
» No, they didn't.
>> It wasn't seconded. So, we don't have to

2840
04:02:07,520 --> 04:02:11,359
meet
>> the lady.

2841
04:02:10,160 --> 04:02:13,040
The couple are supposed to come and
share them.

2842
04:02:12,080 --> 04:02:17,560
» Might have to talk.
>> We're not done yet.

2843
04:02:14,000 --> 04:02:17,560
» Oh, I'm not eyeing.

2844
04:02:19,840 --> 04:02:27,199
» Um, so just as far as um but no, it's
not advertised as a meeting. So or

2845
04:02:25,279 --> 04:02:33,199
advertised as a vote. So there will be
no voting at that one either.

2846
04:02:30,080 --> 04:02:38,080
» Well, there will be no voting forwarding
an ordinance to the commissioners. We

2847
04:02:35,120 --> 04:02:40,560
may pull the board for things in the
order.

2848
04:02:38,479 --> 04:02:44,640
» Absolutely right. Yes.
>> Yes. Because the first one that I

2849
04:02:42,319 --> 04:02:49,040
advertised just because would be the
28th

2850
04:02:46,560 --> 04:02:54,080
» because it is very specific. So even if
there doesn't have to be at that

2851
04:02:51,199 --> 04:02:58,960
meeting, it also says in the code that
that can continue on, but I have to

2852
04:02:56,319 --> 04:03:00,399
advertise it no matter how far we keep
going.

2853
04:02:59,520 --> 04:03:04,239
» Right.
>> So I like to just cover ourselves.

2854
04:03:02,880 --> 04:03:09,640
» Okay.
>> So we're meeting on the 21st or not.

2855
04:03:06,160 --> 04:03:09,640
» Yes, we are.

2856
04:03:10,080 --> 04:03:16,560
» Still move to adjourn.
>> Second.

2857
04:03:12,720 --> 04:03:22,359
» All in favor of going home say I. I.
>> Anybody want to stay?

2858
04:03:18,800 --> 04:03:22,359
Now you can talk.

2859
04:03:23,439 --> 04:03:28,120
» Okay. But it ended up

2860
04:03:29,040 --> 04:03:32,840
» normally came and shared.

2861
04:03:36,880 --> 04:03:40,359
» I had lady

2862
04:03:42,880 --> 04:03:45,600
one.