1 00:00:23,439 --> 00:00:31,840 Good evening. I would like to call to order the September 9th, 2026 Planning 2 00:00:28,240 --> 00:00:35,440 Commission. Roll call, please. Leslie. >> Thank you, Commissioner Saka. Uh, 3 00:00:33,760 --> 00:00:39,840 Commissioner Lowe, >> present. Commissioner Gillow, 4 00:00:37,760 --> 00:00:42,399 » here. Commissioner Davis >> here. 5 00:00:40,640 --> 00:00:47,600 » Commissioner Jackson >> here. 6 00:00:43,760 --> 00:00:52,879 » Uh online. Commissioner Thraw Nash absent. Um 7 00:00:50,480 --> 00:00:57,039 we're missing Commissioner uh Jones Gallardo absent and 8 00:00:55,199 --> 00:01:00,800 Commissioner Saka >> here. 9 00:00:57,600 --> 00:01:04,799 » Okay. We have a quorum present. So we'll proceed with our agenda items. The 10 00:01:03,120 --> 00:01:10,080 planning commission emphasizes addressing issues in a respectful and 11 00:01:07,200 --> 00:01:14,320 timely manner. We ask all parties to hearings and administrative matters 12 00:01:11,840 --> 00:01:19,759 during our meetings to assist us by participating in respectful and direct 13 00:01:16,799 --> 00:01:24,080 testimony and comments. Uh there have been several disruptions during meetings 14 00:01:22,000 --> 00:01:29,280 lately and I want to begin by setting the expectation for everyone. 15 00:01:26,799 --> 00:01:34,079 We will not tolerate disruptions that preclude the commission from being able 16 00:01:31,200 --> 00:01:40,240 to conduct its business and hear from community. Those who cause disruptions 17 00:01:37,600 --> 00:01:45,600 will be asked to watch the meeting from the conference room across the hall or 18 00:01:43,360 --> 00:01:50,960 leave the building. This is deemed a first general warning for all attendees. 19 00:01:48,399 --> 00:01:56,079 Any person who disrupts this meeting will be provided with one individualized 20 00:01:53,520 --> 00:02:00,719 warning. Any further disruptions will result in that individual being asked to 21 00:01:59,040 --> 00:02:04,479 watch the meeting from the conference room or being removed from the building 22 00:02:02,799 --> 00:02:10,080 altogether. To keep the space welcoming, inclusive, 23 00:02:07,119 --> 00:02:15,520 and accessible for everyone and to avoid disruptions, we ask that all comments be 24 00:02:13,120 --> 00:02:19,920 shared respectfully. for virtual testimony during the 25 00:02:18,000 --> 00:02:24,800 communication and non-aggenda items. Virtual testimony will only be taken by 26 00:02:22,239 --> 00:02:29,760 those who've pre-registered prior to 3 p.m. and testimony will be heard in the 27 00:02:27,680 --> 00:02:35,319 following order. Those who are in person, then those online who have 28 00:02:32,319 --> 00:02:35,319 pre-registered. 29 00:02:35,840 --> 00:02:42,720 All right, we'll move on to communications and non-aggenda items. 30 00:02:40,319 --> 00:02:47,440 First on the agenda is communication and non-aggenda items. 31 00:02:45,280 --> 00:02:52,879 If there is anyone in the audience and you wish to comment on a non-aggenda 32 00:02:49,519 --> 00:02:55,840 item, now is the time to do so. Please fill out the green card for public 33 00:02:54,480 --> 00:03:00,400 comment and hand it to our administrative team. When you're called 34 00:02:58,080 --> 00:03:05,519 on, please use the microphone at the public comment table. 35 00:03:03,760 --> 00:03:11,280 The microphone is live when the green light is on and you will have three 36 00:03:07,519 --> 00:03:15,840 minutes to provide your comment. If you feel you have to publicly express 37 00:03:13,760 --> 00:03:20,239 your support for a comment or viewpoint, we ask that you use a quiet and 38 00:03:17,599 --> 00:03:26,400 non-disruptive method such as snapping your fingers, a thumbs up, or jazz 39 00:03:23,599 --> 00:03:31,200 hands. Clapping, calling out, or making any verbal outbursts interferes with 40 00:03:28,640 --> 00:03:36,400 people's ability to hear clearly and these disruptions will not be tolerated. 41 00:03:34,159 --> 00:03:41,200 Again, to keep this space welcoming, inclusive, and accessible for everyone 42 00:03:38,560 --> 00:03:45,480 to avoid disruption, we ask that all comments be shared respectfully. 43 00:03:46,159 --> 00:03:53,840 Do we have anyone in the audience here to provide a communication or a 44 00:03:50,959 --> 00:03:58,560 non-aggenda item? All right, we have no one in person this 45 00:03:56,480 --> 00:04:03,040 evening. We will now see if there's anyone online pre-registered to provide 46 00:04:00,640 --> 00:04:06,879 comment. Bella, is there anyone online pre-registered to comment on a 47 00:04:04,560 --> 00:04:10,159 non-aggenda item? >> We do not have anyone pre-registered to 48 00:04:08,879 --> 00:04:16,840 comment this evening. >> Thank you so much. We have no one 49 00:04:12,000 --> 00:04:16,840 pre-registered to comment this evening. 50 00:04:17,120 --> 00:04:24,479 We'll move on to the next item on the agenda, approvable minutes. Approval of 51 00:04:21,840 --> 00:04:30,240 minutes, we have none. Consent agenda, we have none. And public hearing, we do 52 00:04:27,520 --> 00:04:37,120 not have one this evening. I'll move on to unfinished business. Our community 53 00:04:32,560 --> 00:04:42,240 development code amendment 004-26 data and energy storage. The applicant 54 00:04:39,680 --> 00:04:47,520 is the city of Hillsboro. Legal is non-applicable and the request is that 55 00:04:44,880 --> 00:04:53,040 this item was continued from the August 26, 2026 planning commission. We're here 56 00:04:51,040 --> 00:04:58,160 to consider making a recommendation to city council on a community development 57 00:04:55,440 --> 00:05:04,639 code amendment addressing data storage and energy storage use definitions and 58 00:05:00,960 --> 00:05:07,919 allowances. Order number 8502 is available. 59 00:05:06,240 --> 00:05:12,400 Does staff have any updates or additional information that you would 60 00:05:09,520 --> 00:05:16,880 like to submit? >> I do not other than the um revised or 61 00:05:15,360 --> 00:05:20,320 supplemental staff report that was published this afternoon. 62 00:05:18,320 --> 00:05:24,440 » Thank you so much, Rachel. Uh, we're ready for the staff report, please. 63 00:05:50,400 --> 00:05:57,600 Good evening, commissioners. Uh, this is Rachel Marble, code and policy project 64 00:05:54,000 --> 00:06:02,080 manager in community development. Um, this is a continuation of the community 65 00:06:00,240 --> 00:06:09,120 development code amendment for data and energy storage that we heard on August 66 00:06:04,639 --> 00:06:14,160 26th. I want to give you um an update um verbal update. I I summarized in a staff 67 00:06:11,520 --> 00:06:20,720 report, but just cover what was revised since um we last met. Um just a reminder 68 00:06:17,759 --> 00:06:27,120 of um the items that there was cons consensus on as far as revisions that 69 00:06:23,600 --> 00:06:32,000 were requested by the commission um to come back to you all. Um those were 70 00:06:29,680 --> 00:06:36,880 further refining and clarifying the definitions, further limiting the size 71 00:06:34,800 --> 00:06:43,600 of data centers that are allowed as an accessory use. um bringing options for 72 00:06:40,800 --> 00:06:49,199 the a buffer or distancing requirements to schools and then uh considering a 73 00:06:47,039 --> 00:06:55,520 type three review for data centers and energy storage and generation as both a 74 00:06:51,440 --> 00:07:01,680 primary and accessory use. Um I did want to cover this uh a map 75 00:06:58,560 --> 00:07:06,800 correction. Um there this was summarized in this afternoon staff report as well. 76 00:07:03,680 --> 00:07:11,440 But um there was a mapping error on the previous mapping that was used for um 77 00:07:09,759 --> 00:07:14,720 both the presentation and then also for the public notice which was sent out for 78 00:07:13,599 --> 00:07:19,039 the community development code amendment. The properties that are shown 79 00:07:17,039 --> 00:07:25,520 on this map that are highlighted in purple um are zoned IP Industrial Park, 80 00:07:23,199 --> 00:07:30,240 but they have an overlay on them, the special industrial district. Um and 81 00:07:28,160 --> 00:07:35,440 because of that overlay in the mapping system, those properties were not um 82 00:07:32,880 --> 00:07:42,000 pulled as a part of the properties that received the public notice. Um so uh 83 00:07:38,960 --> 00:07:47,759 that that was noticed yesterday um during some preparation of an separate 84 00:07:44,960 --> 00:07:52,880 map. Um and as soon as we noticed that um prepared a correction, a revised 85 00:07:49,840 --> 00:08:00,400 notice that was sent out today to those property owners. Um there 86 00:07:56,560 --> 00:08:06,240 um were 19 property owners that um received the 87 00:08:04,080 --> 00:08:10,560 notice or will receive the notice today that was sent out today. Um it covered 88 00:08:09,360 --> 00:08:15,360 more properties than that, but there were some duplicates. So those property 89 00:08:12,479 --> 00:08:19,199 owners um had a property elsewhere that already was covered by the notice, and 90 00:08:16,879 --> 00:08:24,240 we don't typically send out duplicates um anyways, so they were already 91 00:08:20,639 --> 00:08:30,000 covered. Um that notice did clarify that the public hearing was already already 92 00:08:26,479 --> 00:08:35,599 occurred. Um but did provide information about the city council um first reading 93 00:08:32,880 --> 00:08:41,360 on October 6th extending the opportunity to them to com provide written comment 94 00:08:38,080 --> 00:08:47,640 prior to the decision or to um come in person to the October 6th uh city 95 00:08:44,240 --> 00:08:47,640 council meeting. 96 00:08:48,880 --> 00:08:57,120 Okay. Okay. So the first um item on um direction from you all that I will cover 97 00:08:53,680 --> 00:09:04,080 is the proposed buffers or distance requirements from schools. Um this map 98 00:09:00,399 --> 00:09:09,760 shows both the uh an option of a 500 foot buffer and an option of a thousand 99 00:09:05,920 --> 00:09:15,920 foot buffer from schools. Um the schools um the database for schools that was 100 00:09:11,839 --> 00:09:21,360 used to create this map was the same database that we use for our uh 101 00:09:18,880 --> 00:09:25,760 marijuana facilities in the city which also have buffer requirements. Um so 102 00:09:24,160 --> 00:09:30,480 those are public and private schools that serve um K through 12 and are 103 00:09:28,560 --> 00:09:35,200 certified um through the department of education. And this does include schools 104 00:09:33,279 --> 00:09:39,760 that are outside city limits but have overlap um with within the buffer where 105 00:09:38,320 --> 00:09:47,600 the buffer would overlap within the city. Um and um I'll zoom in a little 106 00:09:44,880 --> 00:09:51,680 bit because at that at that scale uh it is difficult to see. I'll point out that 107 00:09:49,839 --> 00:09:58,399 the the m large majority of our North Hillsboro industrial area does not have 108 00:09:53,920 --> 00:10:03,360 schools. um the area south of 26 um you know the large majority of it does not 109 00:10:00,640 --> 00:10:07,600 have any schools that that would um have a buffer requirement that would overlap 110 00:10:04,959 --> 00:10:11,120 it but there are um schools in the in north of Highway 26 that would overlap 111 00:10:09,600 --> 00:10:16,320 it. So I zoomed in a little bit so you could see a little at a a closer up 112 00:10:13,600 --> 00:10:21,519 scale what that would look like. Um, I wanted to clarify, um, just for 113 00:10:19,600 --> 00:10:26,880 your reference, um, it was in the written comment that, um, that the 500 114 00:10:24,880 --> 00:10:31,760 foot buffer wouldn't extend very far beyond an arterial roadway, uh, 115 00:10:29,600 --> 00:10:36,079 rightway. And I just wanted to for reference for what that distance would 116 00:10:33,680 --> 00:10:41,040 look like. Um, a fiveway in arterial uses 104t of rightway. So, a 500 foot 117 00:10:39,120 --> 00:10:45,120 buffer would be, you know, approximately five times the width of that street. 118 00:10:42,800 --> 00:10:50,160 would it would extend across a public rideway. Even our a five lane interior 119 00:10:47,920 --> 00:10:55,440 which is quite wide um and most uh most of these roads for 120 00:10:52,880 --> 00:11:00,560 example are not five lanes. Um so it would extend um beyond the rightway 121 00:10:58,240 --> 00:11:05,040 across the street and would impact um obviously developable properties but 122 00:11:02,800 --> 00:11:10,640 that's what these two buffers looks like. Um, 123 00:11:07,760 --> 00:11:16,320 and in consideration of the 500 and,000 ft, um, something to consider, um, I 124 00:11:14,480 --> 00:11:22,079 know you all you all asked for options to bring back. So, I, you know, brought 125 00:11:18,320 --> 00:11:25,760 these options back. I did want to um just 126 00:11:23,600 --> 00:11:30,399 um remind you all and point out again that the buffer distancing requirements 127 00:11:28,000 --> 00:11:35,200 were originally a part of the phase 2 code amendments as far as what was 128 00:11:32,640 --> 00:11:40,399 recommended. Uh and the the plan that was put together by staff and and um 129 00:11:37,760 --> 00:11:45,839 consensus was given by council. Um and part of the reason for that is that you 130 00:11:42,320 --> 00:11:50,640 know we intend to create these buffering requirements based on data based on 131 00:11:48,320 --> 00:11:56,560 facts. Um and we don't have necessarily factual support for why we would choose 132 00:11:53,600 --> 00:12:01,360 a buffer um at this distance at either of these distances at this time. Um 133 00:11:59,040 --> 00:12:08,240 we're hoping to gain information from the environmental analysis um on things 134 00:12:04,720 --> 00:12:14,320 such as noise, vibration um that that could very well inform meaningfully 135 00:12:10,079 --> 00:12:19,680 inform a buffer um you know from whether that's schools or natural areas, things 136 00:12:16,399 --> 00:12:23,440 like that. Um so just um you know the options were brought back but just to 137 00:12:21,760 --> 00:12:29,040 kind of level set and remind you all that that that is why it was a part of 138 00:12:25,279 --> 00:12:33,680 the phase 2 code amendments originally. May um may I ask a question and it's 139 00:12:31,040 --> 00:12:39,920 okay if we need a little bit more time which on the map on the previous slide 140 00:12:36,240 --> 00:12:44,240 which one is identifying the high school where there was the proposed data center 141 00:12:42,880 --> 00:12:49,839 to be built and if we don't know it now it's okay. Yeah, I can. It's actually on 142 00:12:45,839 --> 00:12:54,160 this zoomed in. It's the larger um area there in the kind of middle to the 143 00:12:52,399 --> 00:12:59,040 middle right of the screen. That's Liberty High School. Okay. 144 00:12:55,760 --> 00:13:03,519 » Um and it it's shown as both the main school property here and then two of the 145 00:13:00,959 --> 00:13:07,600 continuing education programs, CTE programs. Um one of which is across the 146 00:13:06,399 --> 00:13:12,000 street. So you can see that kind of like triangular wedge-shaped property. um is 147 00:13:10,240 --> 00:13:16,959 actually the bus transportation facility, but they do hold um CTE 148 00:13:14,480 --> 00:13:22,079 classes there. So, it's it's showing all of those properties combined. Um the 149 00:13:20,079 --> 00:13:25,839 proposed data center that did submit an application is on the south side of 150 00:13:24,320 --> 00:13:32,320 Wagon Way. Um so, south of this and uh both of 151 00:13:29,760 --> 00:13:36,920 those buffers at both 500 and 1,000 ft would um impact that property. 152 00:13:37,279 --> 00:13:40,480 » Thank you. 153 00:13:42,639 --> 00:13:47,320 like somebody got 154 00:13:47,440 --> 00:13:53,240 was chewing on the mic, but that's okay. Just 155 00:13:53,360 --> 00:14:04,079 so Wagon Way North is that's I IP. So the school was built in IP. 156 00:14:01,760 --> 00:14:08,639 » The school's actually zoned IG, Industrial General. Um but the 157 00:14:06,079 --> 00:14:14,240 surrounding properties are zoned IP industrial park. 158 00:14:10,000 --> 00:14:21,199 » Okay. And then south is where the other um proposed data center which has 159 00:14:18,160 --> 00:14:26,000 already been submitted as in for review. >> Correct. It was submitted uh prior to 160 00:14:23,760 --> 00:14:29,560 the moratorium being put in place. >> Okay. Thank you. 161 00:14:30,320 --> 00:14:37,199 One question. Can we clarify on this map where the proposed data center? 162 00:14:35,600 --> 00:14:43,440 » Where am I looking? >> Great. And so that Oh, sorry. Um that 163 00:14:41,199 --> 00:14:45,920 arrow or the mouse pointer is is on Liberty High School. Okay. 164 00:14:44,800 --> 00:14:49,600 » Or it was >> it's gone. Okay. 165 00:14:47,279 --> 00:14:54,079 » Um the approximate I mean this is not showing tax law locations, but the 166 00:14:51,279 --> 00:14:59,279 approximate um tax plot where the data center is proposed is approximately 167 00:14:56,720 --> 00:15:03,079 where my mouse is now hovering. >> Thank you for that. Sure. 168 00:15:04,399 --> 00:15:13,279 » Okay. Next, I'll talk about um the the size limitations for data centers as an 169 00:15:09,680 --> 00:15:19,360 accessory use. Um so the revisions in this staff report and in the code 170 00:15:15,120 --> 00:15:24,399 amendment um added a consideration for gross floor area in addition to the 171 00:15:21,440 --> 00:15:31,279 gross acreage requirement which was also uh lowered slightly. So the text now 172 00:15:28,000 --> 00:15:36,880 reads 25% of the gross acreage of the site or 30% of the gross floor area 173 00:15:34,000 --> 00:15:42,880 whichever is less. Um it also includes a clarification on the measurement of how 174 00:15:39,040 --> 00:15:47,680 we would u measure if you were um if you were defaulting to gross acreage rather 175 00:15:44,959 --> 00:15:53,279 than gross floor area and clarifies that that would be converted to floor area 176 00:15:49,440 --> 00:15:59,120 before the percentage was taken. um so that it's not building footprint but 177 00:15:56,079 --> 00:16:04,399 total floor area of the the data center accessory use. I wanted to provide um 178 00:16:01,600 --> 00:16:08,399 two other examples of um jurisdictions across the country that I was able to 179 00:16:06,079 --> 00:16:13,120 find that have accessory use limitations for data centers specifically. Um I was 180 00:16:11,120 --> 00:16:16,959 only able to find these two specifically and they both um were based on floor 181 00:16:15,120 --> 00:16:22,240 area. Um and they were both capped at 25% of the gross floor area. Um I'll 182 00:16:20,320 --> 00:16:28,399 give some examples. Uh, I wanted to give some examples to for your reference of 183 00:16:24,160 --> 00:16:34,800 what um of actual sites in Hillsboro um and what um that have data center uses 184 00:16:32,800 --> 00:16:41,839 on them and what those floor areas look like. Um so this building is Microsoft 185 00:16:39,440 --> 00:16:46,000 um it uh this is showing the only the first floor of that building. It's 186 00:16:43,199 --> 00:16:51,120 actually a three-story building. Um, this building is in the Amberllin area 187 00:16:49,040 --> 00:16:56,959 and it has a total gross floor area of 82,000 square feet. Um, their data 188 00:16:53,839 --> 00:17:02,399 center use is about 2% of the floor area. Um, and this this example is 189 00:17:00,320 --> 00:17:06,799 really more of the scale of a server room and not a data center because they 190 00:17:04,400 --> 00:17:12,559 don't have um kind of accessory equipment that's needed. The the cooling 191 00:17:09,520 --> 00:17:16,880 for the facility is just based on the um building itself. So like standard air 192 00:17:14,799 --> 00:17:22,240 conditioning. So at this scale, it's not really um a data center use. It's more 193 00:17:19,120 --> 00:17:26,319 of a server room use. The second example I have is the OSU 194 00:17:24,319 --> 00:17:31,919 West campus. I didn't highlight where on this uh campus the data center is 195 00:17:28,400 --> 00:17:35,360 because I um had a hard time uh finding that location. Dan is pointing it out 196 00:17:33,520 --> 00:17:40,400 that it's >> the dome here at the top. So we'll go 197 00:17:37,120 --> 00:17:45,120 with that. Um, so the total gross floor area of this site is around 126,000 198 00:17:43,440 --> 00:17:50,880 square feet and their current data center floor area is 21,000 square ft. 199 00:17:47,520 --> 00:17:58,480 So it's about 17% of the floor area. Um, and this um this floor area um was um 200 00:17:55,919 --> 00:18:03,039 really only looking at buildings on the site. Um there's a lot of different 201 00:18:00,480 --> 00:18:08,480 reporting in this case file because they they have some non-traditional buildings 202 00:18:05,840 --> 00:18:15,640 and structures on the site. Um but of the actual buildings on the site with a 203 00:18:10,559 --> 00:18:15,640 a floor area um it's about 17%. 204 00:18:16,240 --> 00:18:24,240 Uh and that is sorry a dedicated data center facility. 205 00:18:22,080 --> 00:18:28,720 The third example I have is uh is Verizon. This is the MEC building on 206 00:18:27,440 --> 00:18:33,679 Evergreen Road. It's a telecommunications facility. Um they 207 00:18:31,760 --> 00:18:39,760 expanded the build building a few years ago um for a data center, an accessory 208 00:18:36,480 --> 00:18:45,919 data center. Um and this data center um uses about 29% of the floor area of that 209 00:18:42,799 --> 00:18:53,919 building. Um the data center this this uh you know facility is um mostly switch 210 00:18:49,520 --> 00:18:59,039 gear um which enables telecommunications um and the data center uses accessory to 211 00:18:56,640 --> 00:19:04,960 that. Um so that's just three different examples of three varying sizes. Um you 212 00:19:02,480 --> 00:19:09,360 know I wanted to show uh you know different sizes of the facilities. 213 00:19:06,320 --> 00:19:14,000 They're obviously not all using um you know what is proposed to be allowed 214 00:19:11,440 --> 00:19:18,240 which is 30% but we do certainly have uses which are vital you know uses 215 00:19:16,559 --> 00:19:24,400 telecommunications facilities in the city that are using um you know 29%. So, 216 00:19:22,080 --> 00:19:29,400 um almost the full capacity of what what the current proposal is for their 217 00:19:25,840 --> 00:19:29,400 accessory use. 218 00:19:30,960 --> 00:19:35,320 Any questions about that piece? 219 00:19:35,760 --> 00:19:42,080 Okay, we'll circle back to questions at the end too. 220 00:19:40,080 --> 00:19:48,160 Um the third piece I wanted to talk about um was the energy storage and 221 00:19:44,720 --> 00:19:52,880 generation. Um this these changes were not a part of uh necessarily of the 222 00:19:50,799 --> 00:19:56,880 revisions the planning commission asked for at the last meeting. Um however 223 00:19:55,520 --> 00:20:01,280 during that meeting there was some testimony that referenced a land use 224 00:19:59,039 --> 00:20:05,600 board of appeals decision that happened the same day as our previous hearing and 225 00:20:04,080 --> 00:20:09,840 I let you all know that I would I would look at that and make sure that our code 226 00:20:07,039 --> 00:20:17,600 amendment was consistent with that. Um based on um that um and some kind of 227 00:20:13,919 --> 00:20:23,039 further research and feedback um I made some revisions to our energy the energy 228 00:20:19,600 --> 00:20:27,760 storage and generation code um to hopefully kind of broaden them and 229 00:20:24,799 --> 00:20:32,720 futureproof our code um so that it's not too narrow and too specific against you 230 00:20:30,000 --> 00:20:37,440 know uses that we're only seeing today. um you know essentially don't want to be 231 00:20:34,080 --> 00:20:41,600 in the same um same position in a few years that we're in right now with best 232 00:20:39,039 --> 00:20:48,960 facilities not being in the code. Um so the um previous original code text only 233 00:20:46,320 --> 00:20:53,760 reference battery energy storage systems and it's now been revised to broaden 234 00:20:50,799 --> 00:20:58,320 that to all energy storage systems. And that does also align the definition with 235 00:20:56,000 --> 00:21:03,520 the international fire code which uses just energy storage systems um in their 236 00:21:01,919 --> 00:21:07,440 definitions. Battery energy storage systems are an 237 00:21:05,120 --> 00:21:13,039 example of an energy storage system. Um and that's how it's classified in the 238 00:21:09,360 --> 00:21:17,919 fire code. Um and then the primary use for that um would be 12 acres of energy 239 00:21:16,080 --> 00:21:22,720 storage system. that that acreage limitation did not change, but again um 240 00:21:20,159 --> 00:21:28,600 it was broadened to represent energy storage systems in general, not just 241 00:21:24,480 --> 00:21:28,600 battery energy storage systems. 242 00:21:29,039 --> 00:21:40,320 And then um there also were some changes to um the uh accessory use of energy 243 00:21:37,440 --> 00:21:45,840 storage and generation proposal. Um, this version removed the limitation that 244 00:21:43,520 --> 00:21:51,919 was previously six capped at six acres, 30% of the site or six acres. Um, and it 245 00:21:49,520 --> 00:21:57,280 was previously limited to solar energy um, solar energy systems. 246 00:21:54,559 --> 00:22:03,520 And instead it applied that limitation to renewable energy generation in 247 00:21:59,919 --> 00:22:08,559 general. um and that was to better align the use category and the definitions 248 00:22:05,919 --> 00:22:13,360 with the Oregon Department of Energy and to um more broadly define that so that 249 00:22:11,760 --> 00:22:17,200 um in the event that there are other types of energy generation that come 250 00:22:15,520 --> 00:22:24,240 into play in the future that we've covered them in the code. Um so this and 251 00:22:21,120 --> 00:22:30,080 this was um again the 30% of gross acreage was not refined. It was left the 252 00:22:27,200 --> 00:22:35,679 same but that six acre cap was removed. The exemptions also did not change. 253 00:22:33,039 --> 00:22:41,840 Um, part of the reason for the removal of that 6acre cap is just that um, you 254 00:22:39,840 --> 00:22:49,039 know, staff felt that it didn't really align with the intention of the of our 255 00:22:44,960 --> 00:22:55,280 amendment in this area, which was to um, limit it as a primary use to reserve and 256 00:22:53,280 --> 00:23:00,480 preserve industrial land, employment land for that use. um and to instead 257 00:22:58,720 --> 00:23:05,679 encourage collocation of those facilities. Um so those facilities being 258 00:23:03,120 --> 00:23:10,640 an accessory use on a site um where they could be appropriately located um where 259 00:23:08,400 --> 00:23:16,080 there's land that's um you know available um accessory to another use 260 00:23:13,440 --> 00:23:23,200 whether that's an industrial use or a utility use. um but to really encourage 261 00:23:18,799 --> 00:23:28,559 collocation and that limitation to being that low with a six acreage cap didn't 262 00:23:25,600 --> 00:23:34,559 really account for larger sites. Um obviously 30% of you know if it's a 263 00:23:30,799 --> 00:23:39,360 6acre cap 30% is around 18 19 acres total. So, it really was limiting for 264 00:23:36,720 --> 00:23:43,400 larger sites that have energy storage and generation on site. 265 00:23:45,520 --> 00:23:53,440 » Ask a quick question about that. Um, is there any I don't think I saw 266 00:23:51,280 --> 00:23:57,919 anything that like states like is there like a certain 267 00:23:55,280 --> 00:24:04,320 distance for a collocation where it has to be from the main location or is that 268 00:24:01,440 --> 00:24:07,760 something that's I I just don't remember seeing that in the post. So I don't it 269 00:24:06,640 --> 00:24:12,320 might be there and I might have overlooked it. 270 00:24:10,080 --> 00:24:16,480 So for this accessory use it would have to be on site as a primary use the same 271 00:24:15,039 --> 00:24:20,559 site >> for the collocation sites. 272 00:24:19,520 --> 00:24:23,760 » Yes. >> Okay. 273 00:24:21,360 --> 00:24:26,960 » For for accessory use. Um the collocation. 274 00:24:25,279 --> 00:24:31,360 » Yeah. The sorry the the sorry to interrupt. The collocation piece here is 275 00:24:29,039 --> 00:24:37,520 is referencing collocation with utility facilities. Um, so there's an exemption 276 00:24:34,720 --> 00:24:43,279 in there that that doesn't limit acreage for collocation with other utility 277 00:24:39,279 --> 00:24:50,480 facilities. So, for example, if um PGE was citing battery energy or energy 278 00:24:45,600 --> 00:24:54,880 storage systems um in a um power line corridor um a transmission corridor, 279 00:24:53,200 --> 00:24:59,760 something like that, we wouldn't apply this acreage total. Um the reason for 280 00:24:58,240 --> 00:25:03,840 that is that's an appropriate collocation of that type of facility. 281 00:25:01,679 --> 00:25:10,080 It's it's land that um cannot really otherwise be used because of the 282 00:25:06,640 --> 00:25:15,200 transmission facility. Um so it's not um using uh employment land for that 283 00:25:12,960 --> 00:25:19,039 collocation use. So in those circumstances it would be colllocated 284 00:25:16,880 --> 00:25:24,080 with a utility facility and that's um that's the utility facility there is um 285 00:25:22,000 --> 00:25:29,679 is broad and is pointing to our utility facility use category which includes 286 00:25:26,480 --> 00:25:35,360 other things besides uh power as a utility. It includes other types of 287 00:25:31,600 --> 00:25:42,720 utility facilities um like uh water um systems and storm and sanitary systems. 288 00:25:38,640 --> 00:25:48,880 So it's really meant to um encourage collocation with those with with broadly 289 00:25:45,520 --> 00:25:52,640 with utility facilities in general. >> Okay. Thank you for clearing that up for 290 00:25:50,480 --> 00:25:58,720 me. >> Can I have a clarification of CF? 291 00:25:56,000 --> 00:26:04,960 » Yes. Sorry I shortened that. Um but yes um in the code that is spelled out. So 292 00:26:01,520 --> 00:26:10,559 um we also put an exemption in there for um sites that are using the climate 293 00:26:08,000 --> 00:26:14,720 friendly and equitable communities. Um so not using that uh climate friendly 294 00:26:12,960 --> 00:26:20,480 and equitable communities introduced requirements in the code for um parking 295 00:26:17,760 --> 00:26:24,880 lot design and one of the options for the climate actions in those um to 296 00:26:22,960 --> 00:26:30,799 mitigate to help mitigate for parking lots is to provide solar um generation 297 00:26:27,840 --> 00:26:36,159 on site. So, where an applicant is electing to use that as a um a 298 00:26:33,600 --> 00:26:40,240 mitigation measure for climate friendly and equitable communities, uh we didn't 299 00:26:38,400 --> 00:26:46,080 want to have that cap on there because it is um a requirement from the state to 300 00:26:43,679 --> 00:26:51,440 meet those CFAC or climate friendly and equitable communities requirements. So, 301 00:26:49,279 --> 00:26:56,000 um we didn't want to remove that as an option and not have applicants be able 302 00:26:53,919 --> 00:26:59,000 to meet their parking lot design standards. 303 00:27:01,760 --> 00:27:07,679 I I just kind of have a clarifying question. Um 304 00:27:05,840 --> 00:27:13,840 and and maybe you explain this and I just didn't catch it. What objective 305 00:27:09,440 --> 00:27:17,600 threshold would cause uh the best or s whatever we're going with now to be 306 00:27:15,760 --> 00:27:21,200 considered a primary use rather than an accessory use? 307 00:27:19,279 --> 00:27:26,240 » So if it was the if it was a standalone use on a site, if there was no other use 308 00:27:22,960 --> 00:27:31,200 proposed. So we have um currently one standalone best facility in the city um 309 00:27:29,039 --> 00:27:34,720 where it was proposed and there's nothing else on the site. It's just a 310 00:27:32,960 --> 00:27:38,720 best facility. So it's a primary use of a site. Um if it was being colllocated, 311 00:27:36,880 --> 00:27:42,720 it was accessory to another primary use of a site. That's where the the 312 00:27:40,559 --> 00:27:44,960 limitation would come into play. The different difference of limitation I 313 00:27:44,320 --> 00:27:50,400 should say. >> Okay. So if there's any other um 314 00:27:47,360 --> 00:27:54,080 industry industry on that land then the that would then become an accessory use 315 00:27:52,240 --> 00:27:57,840 no matter how large or small it is. >> Correct. It would Yeah. If it wasn't a 316 00:27:56,080 --> 00:28:02,240 primary use of a site. Yeah. >> Okay. Is there possibility that we need 317 00:28:00,080 --> 00:28:07,120 to define that threshold a little bit more in case that could be used as a 318 00:28:04,559 --> 00:28:15,039 loophole in the future? Um I mean it's not the the loophole I guess this in 319 00:28:11,360 --> 00:28:20,640 this case or as described is going kind of the opposite direction because we are 320 00:28:17,120 --> 00:28:25,279 putting a hard cap of 12 acres on a on energy storage systems as a primary use. 321 00:28:23,120 --> 00:28:30,799 Um and the again the purpose of that is is to um acknowledge that we have 322 00:28:28,320 --> 00:28:35,919 limited industrial and employment land that we would like to preserve for a 323 00:28:33,679 --> 00:28:40,880 variety of other uses. um when it's being uh colllocated and 324 00:28:38,399 --> 00:28:46,720 it's an accessory use to an industry, we're acknowledging that we um are in 325 00:28:43,600 --> 00:28:54,080 favor of that collocation. Um and you know, we uh we have um both statewide 326 00:28:50,480 --> 00:28:58,399 and local climate um goals that we are aiming to meet. And so we're not we're 327 00:28:56,399 --> 00:29:03,200 not trying to prohibit that use or overly be overly restrictive. We're just 328 00:29:00,960 --> 00:29:08,799 trying to encourage that it be accessory and colllocated and be in an appropriate 329 00:29:05,520 --> 00:29:14,720 location. Um so again that's um if you you know there would be 330 00:29:12,640 --> 00:29:18,799 a scenario in which you were using it as an accessory use if you had a large site 331 00:29:16,720 --> 00:29:23,039 that you would you could have more than 12 acres which is more than a primary 332 00:29:20,559 --> 00:29:28,080 use. But the point there is that that would be a large site where they have 333 00:29:25,679 --> 00:29:31,840 land that they would like to use for energy generation, but it's not the 334 00:29:29,760 --> 00:29:35,440 primary use on the site. They have a, you know, an industrial use, a 335 00:29:33,440 --> 00:29:41,760 manufacturing use, an office use, something else on site, and it's being 336 00:29:39,200 --> 00:29:46,960 colllocated accessory to that other use. So, um, yes, it's not a hard there's not 337 00:29:45,279 --> 00:29:51,200 the hard cap has been removed to acknowledge that that we want to 338 00:29:48,480 --> 00:29:55,440 encourage it to be an accessory use. Um, because again, we want to encourage 339 00:29:53,120 --> 00:30:00,960 these facilities to be appropriately cited within the city. We're not trying 340 00:29:57,039 --> 00:30:05,919 to prohibit them entirely. Um, but um, yes, there could be a scenario in which 341 00:30:03,039 --> 00:30:10,799 it an accessory use if it's a large site could be larger than the allowable 342 00:30:07,679 --> 00:30:14,559 primary use. Maybe I I I just haven't seen all the 343 00:30:12,480 --> 00:30:20,240 code, but is there any definition in there to clarify um grid serving versus 344 00:30:18,320 --> 00:30:24,960 non-grid serving in that regard then? So, what if somebody had a huge plot of 345 00:30:23,120 --> 00:30:30,320 land and they decided to just build a small building on it for their primary 346 00:30:27,360 --> 00:30:35,039 use and then they were capping out that 30 percentile of that gross acreage um 347 00:30:33,440 --> 00:30:38,000 for for something that's not even grid serving. 348 00:30:36,080 --> 00:30:42,640 » Yeah. I mean there's not there was originally when 349 00:30:40,559 --> 00:30:47,440 many weeks ago when the original code was drafted that there was some language 350 00:30:44,240 --> 00:30:51,520 in there about um the connection and it being grid serving versus non-grid 351 00:30:49,440 --> 00:30:56,559 serving um kind of back of meter front of meter type language. um our utility 352 00:30:54,480 --> 00:31:01,279 partner have made some recommendations against including that language because 353 00:30:58,240 --> 00:31:07,600 really at any size uh a best facility could be grid serving um that we have 354 00:31:04,880 --> 00:31:13,679 small best facilities in Hillsboro that are utilized by the larger grid um 355 00:31:10,159 --> 00:31:18,240 during um during situations where they're not able to provide adequate 356 00:31:15,919 --> 00:31:22,399 power. I mean the entire yeah the point of the best facility is that that power 357 00:31:19,760 --> 00:31:28,399 is stored uh it's generated whenever there's an access of power and then used 358 00:31:24,880 --> 00:31:34,000 when there's not enough to or dealing with transmission issues. So um 359 00:31:31,120 --> 00:31:38,320 there wasn't really a size at which the our utility partner said you know this 360 00:31:36,399 --> 00:31:45,320 is grid serving this is not grid serving um because even small facilities can be 361 00:31:40,240 --> 00:31:45,320 grid serving in times of need by PGE. 362 00:31:47,039 --> 00:31:53,320 Um Dan is attempting to speak but is unable. 363 00:31:49,679 --> 00:31:53,320 » Energy storage solution. 364 00:31:56,799 --> 00:32:02,799 » Good evening commission. Thank you. power is important in this community. 365 00:32:00,559 --> 00:32:07,120 Um, one additional piece I just wanted to add to what Rachel shared and to the 366 00:32:04,799 --> 00:32:11,279 commissioner's question is when we start to get into situations where energy 367 00:32:09,120 --> 00:32:18,399 storage or generation is going back into the grid beyond just that single user 368 00:32:13,600 --> 00:32:22,559 that it's accessory to site, we get into regulated utility space which is outside 369 00:32:20,799 --> 00:32:25,840 of the city's land use perview and control as well. And so that typically 370 00:32:24,159 --> 00:32:29,279 gets regulated by the Oregon Public Utilities Commission and other 371 00:32:27,519 --> 00:32:32,480 requirements there. So the one additional piece I just wanted to add is 372 00:32:30,559 --> 00:32:36,159 Rachel's speaking to our local code, how we're trying to define these things from 373 00:32:33,760 --> 00:32:38,720 a land use regulation standpoint, but I'm definitely sensing that part of the 374 00:32:37,519 --> 00:32:44,000 question is well what happens if they start to like serve as a standalone more 375 00:32:41,760 --> 00:32:47,360 utilitarian function. The approach that staff is is 376 00:32:45,600 --> 00:32:51,760 recommending here is some of that would be appropriately directed by local land 377 00:32:49,679 --> 00:32:55,679 use code. there is a separate set of regulations that would also dictate and 378 00:32:53,360 --> 00:32:58,720 determine some of that based on state level power regulations as well. So I 379 00:32:57,760 --> 00:33:02,080 just wanted to flag that as well and that's different than if I'm a single 380 00:33:00,640 --> 00:33:05,440 entity and I put a battery pack in my house that's supporting my house versus 381 00:33:04,320 --> 00:33:10,159 I'm going to put a battery pack in my house that is now benefiting the entire 382 00:33:07,919 --> 00:33:13,600 rate payers of of the utility. Those get handled differently as well just as an 383 00:33:11,679 --> 00:33:17,120 example. So adding that into the response for the commission's 384 00:33:14,799 --> 00:33:21,000 consideration. >> Appreciate that. Thank you. 385 00:33:25,279 --> 00:33:33,919 Okay. Um so moving back to revisions at the planning commission's request. The 386 00:33:30,720 --> 00:33:40,240 type three review being required was requested um by you all to come back as 387 00:33:36,480 --> 00:33:45,840 a code revision. Um the revised code does um include this. So it includes two 388 00:33:43,039 --> 00:33:49,840 different um types of reviews. uh the first being for data centers which would 389 00:33:47,440 --> 00:33:54,799 be a type three development review and then for energy storage and generation a 390 00:33:52,080 --> 00:33:59,600 type three conditional use uh review. Both of those applications um in the 391 00:33:57,519 --> 00:34:03,279 summary of procedures um both of those applications would be reviewed by the 392 00:34:01,360 --> 00:34:08,440 planning and zoning hearings board and would be appealable locally to city 393 00:34:05,440 --> 00:34:08,440 council. 394 00:34:10,720 --> 00:34:15,720 question uh 395 00:34:18,320 --> 00:34:23,760 planning and zoning board versus the planning commission. What's the subtlety 396 00:34:21,599 --> 00:34:28,240 there that I'm missing? >> The planning and zoning hearings board 397 00:34:26,159 --> 00:34:32,480 um you know when you look at the charter for the boards and commissions both of 398 00:34:31,359 --> 00:34:35,839 both the planning commission and the planning and zoning hearings board 399 00:34:33,679 --> 00:34:40,000 review qualified judicial decisions um review land use decisions. So there's 400 00:34:37,760 --> 00:34:43,280 not necessarily a distinction there. However, the type of applications that 401 00:34:41,760 --> 00:34:47,200 typically go to the planning and zoning hearings board are typically 402 00:34:44,480 --> 00:34:53,599 applications that are more um technical in nature or have um have considerations 403 00:34:50,960 --> 00:34:59,440 or impacts that that need to be considered during the discretionary 404 00:34:55,520 --> 00:35:04,000 process. Um so some examples of of things that would go would be um 405 00:35:01,520 --> 00:35:09,040 conditional use applications that of like cell towers for example. Um there's 406 00:35:06,800 --> 00:35:15,119 often there's pieces of that that they need to show that they're um mitigating 407 00:35:11,760 --> 00:35:18,720 impacts of those um facilities, whether that's things like traffic. Assembly 408 00:35:17,119 --> 00:35:23,040 facilities are another example of things that typically go to the planning and 409 00:35:20,000 --> 00:35:28,160 zoning hearings board. Um in some cases they come to the planning commission 410 00:35:24,480 --> 00:35:31,920 when they're um combined with a a review that requires adjustments, major 411 00:35:30,160 --> 00:35:36,880 adjustments. We've seen some of those recently. Um but the kind of standalone 412 00:35:35,359 --> 00:35:41,200 application without requesting adjustments, those typically go to the 413 00:35:38,800 --> 00:35:47,119 planning and zoning hearings board. Um the process is exactly the same. The 414 00:35:44,320 --> 00:35:51,920 quasi judicial land use um requirements for both of those hearings boards are 415 00:35:49,680 --> 00:35:57,200 the same. Um the noticing requirements are the same and kind of the procedural 416 00:35:54,000 --> 00:36:01,920 steps during the quasi judicial hearing um are the same. um that the planning 417 00:36:00,400 --> 00:36:08,960 and zoning hearings board is also chaired by a hearings officer who is a 418 00:36:04,720 --> 00:36:13,680 land use attorney um and also other um board members um that are appointed just 419 00:36:11,440 --> 00:36:18,560 like the planning commission. Um so typically applications that have a more 420 00:36:16,000 --> 00:36:23,680 technical review and applications that have um acknowledged impacts um have 421 00:36:22,079 --> 00:36:27,079 have gone to the planning and zoning hearings board. 422 00:36:28,079 --> 00:36:34,640 clarification. How often do they meet? >> The planning and zoning hearings board 423 00:36:32,160 --> 00:36:39,440 has the same um cadence as the planning commission. It's twice a month. Okay. 424 00:36:36,480 --> 00:36:43,200 » Um those meetings because they have historically had less applications than 425 00:36:41,359 --> 00:36:47,359 the planning commission often end up getting cancelled, but they have the 426 00:36:44,800 --> 00:36:50,079 same regularly scheduled uh cadence as planning commission. 427 00:36:48,320 --> 00:36:52,079 » And so there's still a public hearing option. 428 00:36:50,720 --> 00:36:56,880 » Correct. Yeah, it's still a public hearing. Um public comment is public 429 00:36:54,000 --> 00:37:02,320 testimony is taken the same way. Um, you know, all of the same proceedings um and 430 00:36:59,920 --> 00:37:05,839 requirements, the same quasi judicial land use requirements that apply here 431 00:37:04,400 --> 00:37:09,839 also apply at the planning and zoning hearings board. 432 00:37:08,000 --> 00:37:15,680 » Do we need to give them a gift? >> One additional piece I'll just add is 433 00:37:11,359 --> 00:37:20,000 it's been asserted um that part of the request from the public is to make it a 434 00:37:17,599 --> 00:37:24,160 type three at risk of rubber stamping or just administrative processing. While I 435 00:37:22,560 --> 00:37:27,920 think that that can be dispate debated and disputed, not going to do that at 436 00:37:25,599 --> 00:37:30,720 this time this evening. The other unique piece about the planning and zoning 437 00:37:29,040 --> 00:37:34,720 hearings board of the decision maker is the hearings officer typically drafts 438 00:37:32,800 --> 00:37:40,079 that decision and findings ultimately rendering that decision. So that further 439 00:37:36,960 --> 00:37:46,280 puts the decision creation in the hands of of an additional third party not in 440 00:37:42,960 --> 00:37:46,280 that of staff. 441 00:37:52,640 --> 00:37:56,359 Okay. Um 442 00:37:57,359 --> 00:38:04,320 um so then lastly, um this this was not a consensus item, but was brought up 443 00:38:02,480 --> 00:38:08,079 during planning commission discussion previously, so I wanted to just touch on 444 00:38:06,160 --> 00:38:13,520 it lightly. There was a question about water usage and regulating water usage 445 00:38:10,560 --> 00:38:18,880 um and kind of the idea or introduction of water usage limitations. Um, and I 446 00:38:16,800 --> 00:38:24,079 just wanted to bring that back to you all after some reflection um, and 447 00:38:21,520 --> 00:38:28,480 consideration that just to let you all know that our city charter does 448 00:38:25,839 --> 00:38:34,160 explicitly give authority over the operation of the city water system to 449 00:38:30,320 --> 00:38:40,400 the utilities commission. Um, so uh, consideration of like li hard limits on 450 00:38:37,520 --> 00:38:43,680 water usage or things like that would um would be the responsibility of the 451 00:38:42,079 --> 00:38:50,000 utilities commission not the planning commission. Um there may be some 452 00:38:46,800 --> 00:38:54,000 additional um more like on-site design requirements that we could consider 453 00:38:52,000 --> 00:38:58,720 during phase two such as requiring a closed loop water system on site. Um and 454 00:38:56,720 --> 00:39:03,280 those are the the on-site types of things that we would we would discuss 455 00:39:00,320 --> 00:39:08,000 during phase two. Again informed by that environmental analysis that's occurring 456 00:39:06,079 --> 00:39:12,599 uh and you know informed by the recommendations that come out of that 457 00:39:09,599 --> 00:39:12,599 process. 458 00:39:14,480 --> 00:39:22,000 Okay, lastly, just an update on the schedule. Just to let you all know that 459 00:39:18,960 --> 00:39:26,400 um the schedule for city council has just changed slightly. The first reading 460 00:39:24,720 --> 00:39:31,839 will now be October 6th, and the second reading will be October 20th. Um it was 461 00:39:28,960 --> 00:39:37,680 originally scheduled for September 15th, which is next Tuesday. Um it is just 462 00:39:33,920 --> 00:39:42,079 cutting it too close and narrow um with preparation of the staff report for city 463 00:39:39,119 --> 00:39:47,040 council. So, um that was a slight change in the schedule. It'll just be delayed 464 00:39:43,680 --> 00:39:51,359 to essentially one city council meeting um as far as the first and second 465 00:39:48,480 --> 00:39:57,320 reading at city council. And with that, I am happy to answer any 466 00:39:53,680 --> 00:39:57,320 questions you have. 467 00:40:02,079 --> 00:40:14,160 Commissioner Gillow, uh we received uh from you and the staff a 468 00:40:07,920 --> 00:40:21,760 packet here uh at the commission and uh it's not necessarily clear to me that 469 00:40:18,880 --> 00:40:26,400 I'll just say your your cover memo uh 470 00:40:24,079 --> 00:40:33,680 was there specifically to address or just to further refine the staff's 471 00:40:29,680 --> 00:40:38,560 position versus the attachments uh of comments 472 00:40:35,760 --> 00:40:42,640 uh from v various entities. So I'm I want to get some clarification if that's 473 00:40:40,640 --> 00:40:48,079 possible. >> Um yeah, were there specific were are 474 00:40:45,839 --> 00:40:51,599 you asking if there are specific comments that were raised in the written 475 00:40:49,680 --> 00:40:56,480 testimony that we addressed or need to address? 476 00:40:52,160 --> 00:41:04,000 » Yes. Um I think that the points that were raised that are kind of new points 477 00:41:00,000 --> 00:41:11,040 and questions were um addressed in the either the revisions or the um or the uh 478 00:41:08,560 --> 00:41:17,760 additional staff report this afternoon. Um maybe in going through 479 00:41:15,520 --> 00:41:21,760 um there was one additional piece I was going to touch on during energy storage 480 00:41:19,280 --> 00:41:28,240 and generation that I will touch on now. Um there was some written comment um 481 00:41:24,400 --> 00:41:33,359 that recommended that there be a motion to explicitly 482 00:41:30,640 --> 00:41:38,560 um prohibit nuclear energy generation in the code. And just to provide 483 00:41:35,920 --> 00:41:42,800 clarification to you all on that um that was not included in the revisions um 484 00:41:40,880 --> 00:41:46,800 because nuclear energy generation is prohibited outright in the state of 485 00:41:44,240 --> 00:41:51,040 Oregon entirely. Um so that's not a consideration we felt we needed to 486 00:41:48,079 --> 00:41:56,800 regulate locally. Um other than that um you know there was various various 487 00:41:53,359 --> 00:42:01,760 testimony that was attached um and both for and against kind of different pieces 488 00:41:59,040 --> 00:42:08,319 of the code amendment. Um I feel like the some of the overall sentiments were 489 00:42:04,720 --> 00:42:12,960 that um you know industry is not necessarily 490 00:42:09,839 --> 00:42:18,640 um industry and um kind of advocacy agencies weren't necessarily against the 491 00:42:15,920 --> 00:42:24,079 amendments entirely but wanted to kind of advise caution to the commission to 492 00:42:20,560 --> 00:42:29,040 not be too not be not unreasonably restrict these uses um on and that 493 00:42:26,800 --> 00:42:33,920 included testimony on both data centers and energy the energy storage and 494 00:42:30,880 --> 00:42:38,079 generation side. Um I felt like uh some of the concerns 495 00:42:36,560 --> 00:42:42,560 particularly about energy storage and generation were addressed in the re 496 00:42:40,000 --> 00:42:46,000 revised code that was published. Um so I didn't provide kind of any further 497 00:42:43,920 --> 00:42:51,520 clarification on that but just uh to reinforce that um that some of those 498 00:42:49,839 --> 00:42:56,160 reasonings that were pointed out for energy storage and generation and its 499 00:42:53,680 --> 00:43:01,920 positive impacts to the energy grid for example um those were um agreed agre 500 00:43:00,079 --> 00:43:06,720 agreements by staff and those were things that were considered when the der 501 00:43:04,000 --> 00:43:11,440 revised draft was published. Um so that's again kind of furthering you know 502 00:43:09,119 --> 00:43:16,480 why some of those limitations were rolled back in the revised code 503 00:43:13,119 --> 00:43:23,040 language. So back to the one comment so that it's 504 00:43:18,720 --> 00:43:29,280 clear. Um we've heard about well I won't say we I have heard about this comment 505 00:43:26,960 --> 00:43:34,000 of small packaged modular reactors. 506 00:43:32,560 --> 00:43:39,359 And what you just told me is that they're not allowed in the state of 507 00:43:35,599 --> 00:43:46,319 Oregon. Or if they are to be allowed, then it would not be just the city of 508 00:43:42,480 --> 00:43:49,119 Hillsboro require what require some other type of regulatory 509 00:43:48,240 --> 00:43:53,760 review or >> right I mean those would be regulated as 510 00:43:50,800 --> 00:43:59,359 energy facilities per the um Oregon Department of Energy. Um there's a 511 00:43:56,720 --> 00:44:06,560 prohibition statewide on nuclear generation that requires um that 512 00:44:04,640 --> 00:44:11,359 disposal and decommissioning of those facilities be addressed prior to being 513 00:44:08,400 --> 00:44:15,280 allowed in the state. So, if that were to be a consideration, that's something 514 00:44:12,720 --> 00:44:19,200 we would be would have plenty of heads up on and something that we could 515 00:44:17,280 --> 00:44:22,800 incorporate into the code if needed, but it's not something that's that's that 516 00:44:21,280 --> 00:44:25,040 needs to be addressed at this time because there's a statewide prohibition 517 00:44:24,400 --> 00:44:30,960 on it. >> Okay. Um, my next area is, 518 00:44:29,280 --> 00:44:37,440 and I'm not sure if this is a question of how many angels can dance on a on a 519 00:44:34,560 --> 00:44:42,160 pin, but there seems to be some philosophical agreement about we're 520 00:44:40,079 --> 00:44:46,720 using gross acreage and whether or not we should be using net developable 521 00:44:44,160 --> 00:44:51,440 acreage. So, I'd like to hear some of the staff's comments about that. 522 00:44:48,880 --> 00:44:54,880 Normally we don't take into consideration 523 00:44:53,359 --> 00:45:00,480 uh acquish that's not developable but for 524 00:44:57,680 --> 00:45:05,839 the purposes of the draft that we have we are considering that area so what 525 00:45:03,280 --> 00:45:12,240 where is the staff's position on that should we should it be further refined 526 00:45:08,319 --> 00:45:16,079 should we leave it at gross or this is not something at this point 527 00:45:14,000 --> 00:45:21,599 that's worth worrying I hate to say that worth worrying about at this point 528 00:45:18,000 --> 00:45:25,440 perhaps in phase two. It's kind of an open question and a 529 00:45:23,359 --> 00:45:30,960 comment Rachel and be >> sure and yeah so um I mean there is 530 00:45:28,960 --> 00:45:34,400 growth just mentioned in both the data center accessory use and the energy 531 00:45:32,560 --> 00:45:40,400 storage and generation accessory use piece. Um, I will say that for the 532 00:45:37,839 --> 00:45:45,920 majority of circumstances on the data center side of it, um, when I looked at 533 00:45:43,839 --> 00:45:49,520 sites in Hillsboro, um, the majority of them are going to 534 00:45:47,599 --> 00:45:55,040 end up being limited by gross floor area because that number is typically lower 535 00:45:51,920 --> 00:46:00,720 than the gross acreage side. Where that flips is when we have small sites with 536 00:45:57,839 --> 00:46:06,079 really high gross floor area buildings. Um, I think the one example I gave in 537 00:46:03,760 --> 00:46:09,839 the staff report was Hillsboro Medical Center. That's an urban site and it's 538 00:46:08,079 --> 00:46:14,640 very compact, but it's a six-story building, so it's a lot of square 539 00:46:11,520 --> 00:46:20,800 footage. Um, so their their acreage actually is, if they were to use that 540 00:46:17,200 --> 00:46:26,400 limitation, it actually limits it more than the floor area limitation. Um, and 541 00:46:23,359 --> 00:46:30,400 that's really the scenario in which it's going to default to acreage. 542 00:46:28,960 --> 00:46:35,280 Nine times out of 10, it's going to default to the square footage because 543 00:46:32,160 --> 00:46:39,680 the square footage the square footage of the of the or the floor area of the 544 00:46:37,599 --> 00:46:45,520 buildings is going to result in a lower number. Um, so the reason the acreage 545 00:46:43,359 --> 00:46:49,760 was left in for the data center piece of it was exactly for the scenario I just 546 00:46:47,920 --> 00:46:57,599 described where you have a very compact site but a high um floor area building 547 00:46:53,839 --> 00:47:02,640 on site. Um but but for the most part um in most scenarios the numbers when I run 548 00:47:00,800 --> 00:47:06,480 the calculations of existing you know buildings in Hillsboro and what what 549 00:47:04,160 --> 00:47:10,960 would likely be constructed it's going to most likely fall to the gross floor 550 00:47:09,440 --> 00:47:16,000 area of the building because that's going to result in a smaller number and 551 00:47:12,720 --> 00:47:22,000 the code clarifies whichever is less. So um it it defaults to whatever number 552 00:47:18,079 --> 00:47:31,359 would get you less. The reason gross acreage is um helpful in some scenarios 553 00:47:26,960 --> 00:47:39,680 is that um we have a definition for um net acreage in the code and it includes 554 00:47:35,760 --> 00:47:45,040 a lot of elements besides um wetlands or natural resources or flood plane even. 555 00:47:42,319 --> 00:47:49,280 um things like fire access easements are included in net acreage and some of 556 00:47:47,440 --> 00:47:52,000 those things um aren't determined kind of at the beginning of the development 557 00:47:50,640 --> 00:47:58,079 process but during the development process. So it's easier to look at a 558 00:47:54,960 --> 00:48:03,119 site and understand what that percentage acreage looks like when you're basing it 559 00:47:59,839 --> 00:48:07,599 on gross acreage. And again, most of the time that number is going to be larger 560 00:48:05,040 --> 00:48:13,359 than the floor area number. Um so it's going to end up defaulting to the floor 561 00:48:09,119 --> 00:48:18,800 area number for the and the intention is not to say that um we're using gross 562 00:48:16,160 --> 00:48:24,800 acreage because we're considering that other undevelopable area an area that 563 00:48:22,240 --> 00:48:29,359 could be developed by these uses. Um it's to look at the site holistically 564 00:48:27,359 --> 00:48:33,040 and to say here's how much acreage you have on a site. If you're if you're 565 00:48:31,520 --> 00:48:37,920 maxing it out, here's what that would look like. um it's easier to get to that 566 00:48:35,760 --> 00:48:41,599 number at the beginning of a development process and understand what's possible 567 00:48:39,440 --> 00:48:45,280 for a site with gross acreage than it is with net acreage. Um there's also things 568 00:48:43,839 --> 00:48:49,920 that come up during the development process like right-of-way dedication and 569 00:48:47,280 --> 00:48:54,000 those are netted out again of acreage. So that number would kind of be a moving 570 00:48:51,599 --> 00:48:57,000 target during the development process. >> Okay. 571 00:48:57,280 --> 00:49:02,720 The only other question I have, I don't really have a question, but for the 572 00:49:00,400 --> 00:49:10,800 planning commissioners, having read the staff's comments and seen the graphic on 573 00:49:06,000 --> 00:49:17,760 the 500 ft versus the,000 ft, u my reaction is since we don't have 574 00:49:16,400 --> 00:49:23,520 potentially everything that we would like to have in front of us, 575 00:49:20,880 --> 00:49:29,280 phase two, if you will, um, at least I'll speak for myself, my 576 00:49:26,640 --> 00:49:35,119 inclin explanation is to go with the 500 ft issue leaving open the possibility 577 00:49:32,240 --> 00:49:40,400 that when phase two information comes back 578 00:49:37,839 --> 00:49:47,680 I kind of reserve the right to advocate for 1,000 ft but I think at this point 579 00:49:42,480 --> 00:49:53,760 we have very little and I think at least from my perspective 500 ft 580 00:49:50,079 --> 00:49:58,880 sounds would appear to be reasonable um if you look at the map and where 581 00:49:55,920 --> 00:50:04,880 additional debt data centers can't happen versus where schools are. 582 00:50:02,000 --> 00:50:09,760 There doesn't appear to be a lot to argue over and I certainly would respect 583 00:50:08,160 --> 00:50:16,040 commissioners if they disagree with me, but 584 00:50:11,520 --> 00:50:16,040 it's kind of hard to argue over nothing. 585 00:50:20,400 --> 00:50:28,800 Oh, Vice President, thank you. Uh, hi Rachel. Uh for the 586 00:50:26,079 --> 00:50:34,240 record, Commissioner Justin Low just wanted to note uh apologies. I was 587 00:50:30,880 --> 00:50:39,280 unable to attend uh the first uh meeting on this uh code amendment, but I was 588 00:50:37,599 --> 00:50:43,760 able to get up to speed with the materials uh ahead of this meeting and 589 00:50:41,760 --> 00:50:50,800 I'm prepared for the conversation and I have had no exparte contacts or bias on 590 00:50:47,440 --> 00:50:55,040 this topic um and no more information than I think the rest of you all coming 591 00:50:52,720 --> 00:50:59,920 into this meeting. uh and the folks who have participated in the public 592 00:50:56,960 --> 00:51:04,720 hearings. Um I have one comment on what Commissioner 593 00:51:02,880 --> 00:51:14,640 Gillow mentioned. I know that this is for phase two, so I apologize, but I 594 00:51:10,640 --> 00:51:22,800 I guess I'm inclined to respectfully have a different opinion um on the 500 595 00:51:18,240 --> 00:51:28,880 versus,000 ft. uh you know I'm I think I might air towards starting at 1,000 and 596 00:51:26,240 --> 00:51:36,400 then once having more information reserving the ability to I guess scale 597 00:51:32,480 --> 00:51:42,720 that back if appropriate and needed. the the reason why I'm inclined on airing 598 00:51:39,839 --> 00:51:47,920 for a larger buffer is just if I'm remembering correctly from what Rachel 599 00:51:44,400 --> 00:51:52,400 pointed out uh on the maps earlier when it came to Liberty High School and that 600 00:51:50,480 --> 00:51:59,280 one proposed data center that was going to be just south of it based on where 601 00:51:55,119 --> 00:52:05,040 the uh mouse pointer landed it seemed like it actually fit within the 500 ft 602 00:52:02,960 --> 00:52:09,240 buffer unless I have that incorrect Correct. No. 603 00:52:10,319 --> 00:52:17,359 » Um, sorry, I can pull it back up, but um, no, that property would be impacted 604 00:52:14,800 --> 00:52:21,520 by both the 500 and,000 foot buffers. But just to be clear, that property 605 00:52:19,200 --> 00:52:25,200 submitted a land use application prior to the moratorum and it's in review now. 606 00:52:23,599 --> 00:52:28,640 So, it would not be subject to the buffers at all. 607 00:52:26,880 --> 00:52:34,559 » Okay. Then if that is inappropriate to appine 608 00:52:32,400 --> 00:52:42,240 on, then I'd just stand by my first comment of starting big and then waiting 609 00:52:38,160 --> 00:52:47,440 for further information. Um, going to the materials that were 610 00:52:44,160 --> 00:52:55,119 submitted in uh the packet that was given to us. Uh, this was under the same 611 00:52:51,440 --> 00:53:00,000 topic of net developable acreage versus gross acreage. I have one curiosity 612 00:52:58,079 --> 00:53:07,800 about one of the solutions that was proposed uh through this public comment 613 00:53:04,000 --> 00:53:07,800 and that was regarding 614 00:53:09,760 --> 00:53:19,119 not to exceed a maximum ceiling of 30,000 square ft. And maybe I'm getting 615 00:53:16,240 --> 00:53:25,760 semantics wrong here and they're talking about a metaphorical ceiling of total uh 616 00:53:23,040 --> 00:53:31,760 square feet on a floor. But one of the things that I thought about upon reading 617 00:53:28,000 --> 00:53:38,000 this comment is whether we have any sort of cap or limitation on the height of 618 00:53:35,359 --> 00:53:48,000 such machinery within a um I guess s now instead of best cuz I 619 00:53:43,440 --> 00:53:55,040 can imagine something that takes up uh square footage or acreage what have 620 00:53:50,800 --> 00:53:58,800 you and it going wide but being short or something. Maybe trying to skirt the 621 00:53:56,960 --> 00:54:06,000 intent of the code that we're developing here by being more narrow and small, but 622 00:54:02,319 --> 00:54:13,760 building high and that still being uh you know uh obstructive, intrusive, 623 00:54:10,960 --> 00:54:19,440 and potentially a nuisance, but yet somehow landing within the confines of 624 00:54:16,079 --> 00:54:26,800 what we're building here. And maybe I'm misunderstanding some of the definitions 625 00:54:21,280 --> 00:54:34,559 of how uh gross uh acreage works. >> Sure. So um I I think that the 30,000 626 00:54:30,800 --> 00:54:38,640 square foot um suggestion in the um public testimony was referring to the 627 00:54:36,400 --> 00:54:44,000 data centers, not the energy storage systems. But um it sounds like your 628 00:54:41,359 --> 00:54:49,440 question is is maybe more about the energy storage systems. Um, so I'm not 629 00:54:47,760 --> 00:54:54,880 an expert in how they're constructed. Um, I can tell you that all of the 630 00:54:52,160 --> 00:55:00,480 current energy storage systems in Hillsboro that have been reviewed or 631 00:54:57,040 --> 00:55:06,800 approved um, are single story and open air in the sense 632 00:55:04,559 --> 00:55:11,359 that they are not contained within a building. Um, 633 00:55:09,359 --> 00:55:16,000 so and they're subject they're subject to the same height limitations as 634 00:55:12,960 --> 00:55:19,680 anything in those zones. So um that equipment has the same height 635 00:55:17,760 --> 00:55:23,920 restrictions that anything anyone that wanted to construct a building in the 636 00:55:21,040 --> 00:55:27,599 same zones would have. Um so there are height restrictions in each of the 637 00:55:25,359 --> 00:55:36,960 zones. Um and they are subject to those height restrictions. Um 638 00:55:30,240 --> 00:55:42,880 I will say the clarification for the um data center gross uh gross acreage that 639 00:55:40,559 --> 00:55:48,079 it's converted to square footage first and then the 30% is applied or 25% is 640 00:55:45,680 --> 00:55:52,720 applied. Um that clarification is not put in there for the energy storage 641 00:55:49,599 --> 00:55:58,160 systems but could be um if you're wanting to clarify that they get um you 642 00:55:55,680 --> 00:56:03,040 know a num amount of acreage that could be expressed as 643 00:56:00,799 --> 00:56:06,559 floor area or square footage I guess not floor area because like I said those 644 00:56:04,559 --> 00:56:14,640 those typically aren't within buildings um but probably could be um so it would 645 00:56:09,520 --> 00:56:20,720 be could be clarified that they be um they be calculated based on square feet. 646 00:56:17,599 --> 00:56:26,160 Um, so that you're not saying it's a 30% acreage footprint and they could go up 647 00:56:23,040 --> 00:56:30,559 from there, but a 30% acreage square footage cap. I don't know if I explained 648 00:56:28,319 --> 00:56:34,079 that well. >> Uh, I'm understanding where you're going 649 00:56:32,079 --> 00:56:39,440 with that because then that would look at it three-dimensionally rather than 650 00:56:36,240 --> 00:56:40,960 just the floor that it takes up on the ground level. 651 00:56:40,319 --> 00:56:45,520 » Sure. Yeah. >> Yeah. I I'll process that. I don't have 652 00:56:44,240 --> 00:56:49,720 an opinion on that right now, but I appreciate you offering a solution. 653 00:56:52,480 --> 00:56:58,520 » Commissioner Davis, again, um I wanted to 654 00:56:58,559 --> 00:57:05,839 speak about the the buffer zones as well since that was um especially brought up 655 00:57:03,280 --> 00:57:12,559 earlier in in the staff portion of it. And and to also touch on uh Commissioner 656 00:57:08,960 --> 00:57:16,160 Gillow's comments as well. Um earlier during the presentation um you were 657 00:57:14,640 --> 00:57:21,200 speaking about there's not really anything fact-based to base buffer zones 658 00:57:18,720 --> 00:57:25,920 off of. So that just raised some questions with me. Um what other types 659 00:57:24,319 --> 00:57:30,319 of developments or businesses do we have 660 00:57:28,240 --> 00:57:33,559 buffer zones with besides marijuana right now? 661 00:57:33,839 --> 00:57:41,920 » Um that's it. um marijuana facilities, both retail and 662 00:57:39,119 --> 00:57:46,880 um there's some limitations as well on like production processing facilities. 663 00:57:44,480 --> 00:57:52,960 Um but those are the only uses in the code that we have buffers from other 664 00:57:49,359 --> 00:57:56,960 types of uses. Um besides there's a couple of places in the code where we 665 00:57:54,559 --> 00:58:00,880 have some kind of additional um additional requirements or setbacks for 666 00:57:59,040 --> 00:58:05,760 like industrial properties that abut residential. um those are baked into 667 00:58:02,960 --> 00:58:11,680 like the base zones themselves um not not use specific. 668 00:58:08,559 --> 00:58:17,200 » Okay. Uh do you know what the factbased um criteria are for marijuana buffer 669 00:58:14,400 --> 00:58:24,880 zones? >> Um that is a good question and I do not 670 00:58:21,359 --> 00:58:32,000 um the thousand foot buffer from schools is for retail marijuana facilities. Um 671 00:58:29,119 --> 00:58:36,240 there's there's other buffers um for the processing, but the one from schools 672 00:58:34,160 --> 00:58:41,920 specifically is for retail facilities. And my if I had to guess um you know, 673 00:58:39,520 --> 00:58:47,359 back in the day when we adopted those, um it was to limit access to underage, 674 00:58:45,520 --> 00:58:50,559 you know, potential purchasers at a retail 675 00:58:49,040 --> 00:58:54,000 facility to make the make the dispensaries essentially farther away 676 00:58:52,319 --> 00:58:57,599 from kids. >> Okay. So, I'm just kind of playing 677 00:58:55,680 --> 00:59:01,920 devil's advocate. It's based off of potential, 678 00:58:59,599 --> 00:59:06,000 then that wouldn't really be fact-based, correct? That' just be a potential. So, 679 00:59:04,640 --> 00:59:12,079 we could kind of say the same thing here with data centers or battery storage or 680 00:59:08,880 --> 00:59:14,880 energy storage uh as well. Um, you know, we don't know exactly what all the 681 00:59:13,520 --> 00:59:18,880 concerns are yet. And there may be concerns that we don't know about now. 682 00:59:17,280 --> 00:59:23,599 even through studies that that could come out 10, 15, 20 years down the road, 683 00:59:22,240 --> 00:59:27,040 we find out, hey, these things are emitting some sort of radiation or, you 684 00:59:25,920 --> 00:59:32,079 know, something like I'm not saying insinuating that that's the case, but we 685 00:59:29,280 --> 00:59:37,440 don't know that now. So, especially with schools where children are, you know, 686 00:59:34,240 --> 00:59:42,240 our future, I I tend to air on the side of caution. And so that's where I would 687 00:59:40,240 --> 00:59:47,760 kind of stand on that is, you know, I would I would at this point want to 688 00:59:45,599 --> 00:59:50,880 extend it a little further out and then if something in the future says, hey, it 689 00:59:49,760 --> 00:59:54,799 doesn't need to be that far out, then then maybe we can peel it back then. So 690 00:59:53,280 --> 00:59:57,799 that's kind of where I would stand on that. 691 00:59:58,079 --> 01:00:05,920 I I would stand on a thousand on that. Yeah. 692 01:00:03,200 --> 01:00:10,799 » Commissioner Jackson. >> Yeah. Hi, Commissioner Jackson here. Um, 693 01:00:08,319 --> 01:00:15,880 I second the thousand feet and I agree with Commissioner Davis. Um, because 694 01:00:16,400 --> 01:00:23,440 to my knowledge, I don't think there's anything fact-based that is required for 695 01:00:21,440 --> 01:00:27,520 the marijuana use. I think that just happened to be something honestly to 696 01:00:25,359 --> 01:00:35,119 appease parents not wanting to have that as a potential option. Um, 697 01:00:32,240 --> 01:00:39,920 and I think that if we're just out of 698 01:00:37,680 --> 01:00:42,960 precaution, especially in that space, I think it would be a good start like the 699 01:00:41,599 --> 01:00:47,599 others mentioned, and then when we get more information, we could peel that 700 01:00:45,359 --> 01:00:54,480 back. But I think at 1,000 ft is a good starter for that. Um, I did have a 701 01:00:50,799 --> 01:00:59,839 question. one of the one of the um testimony that was submitted mentioned 702 01:00:57,839 --> 01:01:05,359 um agreement transfers that was added and 703 01:01:03,119 --> 01:01:10,520 could you let define what that means and how that applies to the code amendment? 704 01:01:11,280 --> 01:01:20,079 » Sorry, could you repeat the question? Oh yeah, it was one of the um submitted 705 01:01:16,960 --> 01:01:25,200 testimonies had mentioned um that there were um agreement transfers and that 706 01:01:23,280 --> 01:01:28,319 they had gone through the transcripts of city council and it had been one of the 707 01:01:26,799 --> 01:01:33,280 recommendations, but it had been something added to the amendments. So I 708 01:01:30,720 --> 01:01:36,720 just wanted to get a definition on what that means um what the agreement 709 01:01:34,960 --> 01:01:43,920 transfers are and what that is and how it applies to the code amendment. 710 01:01:40,640 --> 01:01:48,880 » Yeah. So, the accessory use um provision that's in there that allows transfer of 711 01:01:46,000 --> 01:01:54,720 that accessory use um wasn't revised with this um second revision code 712 01:01:52,160 --> 01:02:00,480 amendment package. Um this is something that was discussed at the city council 713 01:01:57,280 --> 01:02:07,319 work session on July 714 01:02:02,640 --> 01:02:07,319 20th. 21st 20th 715 01:02:09,119 --> 01:02:17,920 » July 21st. Thanks, Dan. Um, it was discussed in July 21st. Um, to clarify, 716 01:02:15,280 --> 01:02:25,040 it's something that council asked that staff look into and um, look into 717 01:02:21,839 --> 01:02:30,319 specifically for phase 2. Um, based on conversations with um, industry 718 01:02:27,839 --> 01:02:34,400 partners, stakeholders, um, we brought that forward for consideration during 719 01:02:32,079 --> 01:02:39,119 phase one um, with the acknowledgement that that would be reviewed during this 720 01:02:36,000 --> 01:02:42,720 public hearing process. Um, so it was discussed and was brought up 721 01:02:40,640 --> 01:02:48,319 specifically by a city counselor during that July 21st work session. Um, towards 722 01:02:46,240 --> 01:02:52,559 the end, very end of that work session. So I believe that's like five hour 723 01:02:50,079 --> 01:02:57,680 recording. So it's it's towards the end of that five hours. Um, but was a 724 01:02:55,280 --> 01:03:01,280 concept that was brought up by a city councelor. 725 01:02:59,520 --> 01:03:04,079 » Okay. Thank you. >> And and then sorry just also 726 01:03:03,440 --> 01:03:07,839 » I'll clarify. >> Oh, go ahead. Um, I just do want to 727 01:03:05,599 --> 01:03:10,640 clarify one part uh to the previous question around the buffering related to 728 01:03:09,280 --> 01:03:14,079 the marijuana facilities. I went back and double checked just so we can give 729 01:03:11,920 --> 01:03:17,520 you fact-based accurate answers to this important deliberation you have in front 730 01:03:15,200 --> 01:03:21,680 of you. And the thousand foot buffer originated from requirements in state 731 01:03:19,599 --> 01:03:25,440 law. Uh, and I confirmed the RS section. That's why I was waiting to make sure 732 01:03:23,200 --> 01:03:29,760 before I corrected our great staff. It's an OS 475C that stipulates that. And so 733 01:03:28,640 --> 01:03:33,680 when we were going through the local land use policy process, there were 734 01:03:32,240 --> 01:03:37,280 different buffers that were considered as part of that. Ultimately, the 735 01:03:35,359 --> 01:03:40,799 thousand foot buffer came into play to comply with the minimum required 736 01:03:39,200 --> 01:03:43,119 buffering as imposed by state law for those facilities when they were 737 01:03:41,680 --> 01:03:46,880 legalized in the state level at the time. So I again not trying to persuade 738 01:03:45,440 --> 01:03:50,160 the the commission one way or another in your deliberations, just bring facts to 739 01:03:48,559 --> 01:03:53,520 bear uh in terms of some of the questions and the considerations that 740 01:03:51,760 --> 01:03:56,760 you're sharing. Hope that clarification is helpful. 741 01:04:03,520 --> 01:04:13,359 to further Commissioner Gillow to further clarify the transfer. Um, 742 01:04:09,599 --> 01:04:18,480 if property A has some or all 743 01:04:16,480 --> 01:04:24,960 uh of the ability to transfer to 744 01:04:22,000 --> 01:04:29,359 parcel B. um can parse B then in their 745 01:04:27,440 --> 01:04:34,799 calculations exceed their own calculations 746 01:04:31,039 --> 01:04:40,319 in terms of what their square footage could be for an 747 01:04:37,520 --> 01:04:45,280 accessorary. Am I making sense there? 748 01:04:41,760 --> 01:04:51,119 » I Yes. So I think you're asking if that um accessory use square footage would be 749 01:04:48,319 --> 01:04:55,680 added to the site's own allowable square footage. 750 01:04:52,640 --> 01:05:03,680 Well, if if parcel A has something that they want to move to parcel B 751 01:04:58,960 --> 01:05:07,760 and parcel B under its own calculation has a number. 752 01:05:06,079 --> 01:05:14,720 Can the number that's being transferred from parcel A over to parcel B exceed 753 01:05:11,520 --> 01:05:17,920 parcel B's calculation? >> So they would be they would be 754 01:05:15,760 --> 01:05:24,240 calculated separately. So it would be based on the building floor area of each 755 01:05:20,400 --> 01:05:28,799 of those sites. So if if um you know site A had 100,000 square feet of 756 01:05:26,720 --> 01:05:34,799 building and site B also had 100 square thousand square feet of building um they 757 01:05:31,520 --> 01:05:39,839 would each be afforded the 25% right >> um in floor area. So the yeah the 758 01:05:37,839 --> 01:05:45,839 intention there is you know if there's a site that if if if an industry um or 759 01:05:43,359 --> 01:05:50,160 company has multiple sites and they want to centralize their data storage at one 760 01:05:48,079 --> 01:05:55,760 site um that they would be able to do so. So yes, that the site that it's 761 01:05:52,559 --> 01:06:01,039 being transferred to could end up with um more than its own allowable because 762 01:05:58,079 --> 01:06:05,280 it's been transferred. Um there's also a clarification too in there just just for 763 01:06:03,359 --> 01:06:08,079 like further clarification that that would be reviewed through the 764 01:06:06,400 --> 01:06:15,760 development review process which is a type three review. Um, and so, uh, 765 01:06:12,480 --> 01:06:20,319 there's also been, uh, a note added as far as approval and compliance with that 766 01:06:18,319 --> 01:06:25,760 review and that it would be conditioned to show compliance with that, um, 767 01:06:23,920 --> 01:06:29,119 regularly. I think there's not, um, exact reporting requirements put in 768 01:06:27,440 --> 01:06:35,200 there, but um, they would have to demonstrate that, um, that that hasn't 769 01:06:31,440 --> 01:06:39,039 changed during operations of the site. And there depending on what partial A 770 01:06:37,200 --> 01:06:42,880 and B are, there could be the requirement for separation of accounting 771 01:06:40,720 --> 01:06:48,640 because the transferred data center capacity must still be for the use and 772 01:06:45,599 --> 01:06:51,280 support of the transferring entity. And so if it was being transferred to 773 01:06:49,839 --> 01:06:55,680 another site maybe where there's a generalized collocation data center we 774 01:06:53,760 --> 01:06:58,960 would have to account for the applicant would have to account for and we would 775 01:06:57,039 --> 01:07:01,760 have to review as would the planning zoning hearings board in terms of the 776 01:07:00,240 --> 01:07:07,000 way the code's currently proposed account for those two separate square 777 01:07:03,440 --> 01:07:07,000 footage blocks. 778 01:07:11,599 --> 01:07:20,480 Uh thank you all for the research on how there's an Oregon revised statute that 779 01:07:17,359 --> 01:07:24,960 talks about the thousand foot buffer uh because of for marijuana retail 780 01:07:22,799 --> 01:07:32,240 facilities and it sounds like maybe we're ahead of that in in our attempt to 781 01:07:29,359 --> 01:07:39,119 create a buffer zone for data centers. And my question now is when we get the 782 01:07:35,760 --> 01:07:47,240 environmental analysis, do we have an opportunity to revisit uh this buffer 783 01:07:42,400 --> 01:07:47,240 zone and and clarify that? 784 01:07:47,440 --> 01:07:56,240 » Um yes. So any of these um code code provisions and amendments that are being 785 01:07:53,520 --> 01:08:00,880 put in place now, any of them could be revisited during phase two. um if there 786 01:07:58,960 --> 01:08:05,760 is information that comes to light through those analyses that warrants a 787 01:08:03,440 --> 01:08:10,880 second look whether that's you know the buffer requirements or the accessory use 788 01:08:08,559 --> 01:08:16,159 limitations or really anything that's in this first I mean the code in general is 789 01:08:13,119 --> 01:08:20,799 a living document and is is made to be updated and revised to be um consistent 790 01:08:18,640 --> 01:08:25,759 with our goals and policies so it's not static um and so any of this could be 791 01:08:24,080 --> 01:08:33,199 looked at again during phase two if there's new information that comes to 792 01:08:28,000 --> 01:08:39,359 Um I think the point um that I would make um you know not again not to be 793 01:08:37,839 --> 01:08:46,239 attempting to compel you one way or another, but um 794 01:08:43,120 --> 01:08:53,440 our adoption of a buffer um now should be based on adequate fact an adequate 795 01:08:49,600 --> 01:08:59,359 factual basis. Um and and if there is not, you know, a finding that 796 01:08:55,040 --> 01:09:03,920 demonstrates um the need for it now, um you know, it could could put our 797 01:09:01,040 --> 01:09:10,799 amendment in its entirety at legal risk. Um that is kind of the the the point in 798 01:09:06,960 --> 01:09:17,679 the staff report today. Um not to say that it's um you know, making it you 799 01:09:14,560 --> 01:09:22,400 know, not um legitimate or something like that. Um it's just that you know as 800 01:09:20,799 --> 01:09:27,600 are as are any pieces of this code amendment um you know it anyone has the 801 01:09:25,440 --> 01:09:34,080 ability to appeal that based on whatever basis they see fit. So um I think the 802 01:09:31,520 --> 01:09:39,440 the recommendation as originally presented was to have those buffers be 803 01:09:36,799 --> 01:09:44,960 in phase two so that they were based on an adequate factual basis. Um and you 804 01:09:43,199 --> 01:09:51,920 know I think the reality too to point out is that we do currently have a 805 01:09:47,679 --> 01:09:58,239 moratorum in place and that moratorum can and likely will be extended or 806 01:09:54,239 --> 01:10:04,000 attempted to be extended. So um you know the the the point of breaking it into 807 01:10:01,360 --> 01:10:09,600 phase one and phase two was that show so we could show progress is being made 808 01:10:06,560 --> 01:10:15,679 during the moratorum in order to lend factual basis to our moratorium to 809 01:10:11,760 --> 01:10:20,320 extend it. Um, so the point was not to defer certain things till later because 810 01:10:18,080 --> 01:10:25,120 they're not important, but because those things would be more appropriate during 811 01:10:22,080 --> 01:10:32,440 a phase two after we've done an analysis and have, you know, factual basis to 812 01:10:27,280 --> 01:10:32,440 support those pieces being in the code. 813 01:10:37,679 --> 01:10:47,719 Thank you, Rachel, for that. I haven't heard anything. It's not that 814 01:10:43,440 --> 01:10:47,719 I'm not interested in a buffer. 815 01:10:48,239 --> 01:10:55,280 I haven't heard anything tonight and I haven't heard anything in the previous 816 01:10:51,520 --> 01:11:03,040 meetings that's factual. I've heard testimony that is subjective 817 01:11:00,239 --> 01:11:07,840 but not objective and somebody on the planning commission 818 01:11:05,040 --> 01:11:12,400 or the staff can certainly clarify me. So, in the absence of that, I'm not 819 01:11:09,520 --> 01:11:17,440 going to support a code change here that has any buffers at this 820 01:11:14,560 --> 01:11:21,360 point. We got to have something if something on the planning commission can 821 01:11:19,040 --> 01:11:28,080 correct me. If the staff can correct me that I failed to read page 18 to 50 or 822 01:11:25,520 --> 01:11:32,080 something in the public testimony, I've heard a lot of subjective. I haven't 823 01:11:29,840 --> 01:11:36,480 heard anything objective and that that makes it difficult for me 824 01:11:33,840 --> 01:11:44,560 to support at this time. It may be different when we get back to phase two. 825 01:11:41,040 --> 01:11:52,920 So, somebody please correct me. Where are we on an objective 826 01:11:47,440 --> 01:11:52,920 fact here to throw in a buffer? 827 01:11:56,159 --> 01:12:04,320 Commissioner Davis. Um, so ju just to question that a little 828 01:12:00,320 --> 01:12:08,560 bit, are you aware of any case law where a 829 01:12:05,920 --> 01:12:14,120 code or or a law has been just completely thrown out because one aspect 830 01:12:10,880 --> 01:12:14,120 was challenged? 831 01:12:15,440 --> 01:12:22,480 » I mean, I don't have any specific examples of that. No. Um that guidance 832 01:12:20,640 --> 01:12:27,920 came from our city attorney that our code amendment should be should be based 833 01:12:24,560 --> 01:12:32,800 on an adequate factual basis. Um which I believe came from rulings in the past 834 01:12:30,080 --> 01:12:37,120 from Luba on text amendments. Um but I don't have any specific examples to give 835 01:12:34,320 --> 01:12:43,840 you of previous code amendments in other jurisdictions um that were appealed on 836 01:12:41,120 --> 01:12:46,840 that basis alone. >> Okay. 837 01:12:47,360 --> 01:12:54,880 I want to clarify what I heard from Commissioner Low uh when we were talking 838 01:12:52,000 --> 01:13:01,840 about we're here at the 25% of gross acreage versus 30% of gross floor area 839 01:12:59,120 --> 01:13:05,440 whichever is less. And I'm understanding that every time that we're seeing the 840 01:13:03,840 --> 01:13:12,159 revision of these definitions that there's a collaboration with industry 841 01:13:09,360 --> 01:13:19,679 and knowledgeable individuals to ensure that we're not getting so 842 01:13:16,719 --> 01:13:26,159 uh restrictive that the industry itself is unable to perform their ideal 843 01:13:22,159 --> 01:13:30,800 function. And so when I want to provide a little bit of clarity here on the 844 01:13:28,800 --> 01:13:35,920 research that was done which is why we got to the 25 30% and if you could 845 01:13:33,520 --> 01:13:41,520 provide us any context into why there was not a decision to provide that 846 01:13:39,199 --> 01:13:48,880 height requirement if there's anything from industry or research 847 01:13:45,600 --> 01:13:53,840 » the height requirement for energy storage facilities. I believe it was see 848 01:13:51,199 --> 01:13:55,280 I thought we got to data centers. >> So 849 01:13:54,159 --> 01:14:00,880 » was it data centers? >> Yeah. So in the original code um 850 01:13:57,679 --> 01:14:06,960 proposal there was not language that clarified that and it was based on gross 851 01:14:02,480 --> 01:14:10,800 acreage alone. So, um, the the point was raised that because it was based on 852 01:14:08,880 --> 01:14:16,159 gross acreage alone and would really be looking at a building footprint that 853 01:14:13,040 --> 01:14:21,679 someone could construct um, you know, a 25 or 30% gross acreage building and it 854 01:14:19,199 --> 01:14:26,560 could be four or five stories tall um, and thus be exceeding the allowable 855 01:14:24,719 --> 01:14:31,679 amount if you're looking at footprint alone versus acreage. So that's where 856 01:14:29,120 --> 01:14:37,520 the clarification was put in there um for data centers specifically for the 857 01:14:34,400 --> 01:14:41,679 accessory use that acreage if if using that versus floor area acreage would be 858 01:14:39,840 --> 01:14:46,640 first converted to square footage and that amount uh which is 25% in the 859 01:14:44,719 --> 01:14:51,280 current proposal would be taken based off of that square footage and it would 860 01:14:48,320 --> 01:14:56,080 be that square footage that's allowed not as a footprint but as a building 861 01:14:53,440 --> 01:15:00,400 total. Um the building height is again just the same limitations that anything 862 01:14:58,800 --> 01:15:05,840 that's being constructed in the zone would have um at this at this time. Um 863 01:15:03,360 --> 01:15:10,800 building heights for data centers were something that were um put in the kind 864 01:15:09,280 --> 01:15:14,159 of considerations and directions for phase 2. So this is something that we 865 01:15:12,480 --> 01:15:18,080 would look we will be looking at as far as like site design and site 866 01:15:15,920 --> 01:15:23,520 construction. Um but right now there's no additional height limitations. It's 867 01:15:19,920 --> 01:15:28,320 just based on the zone allowance. Um but the that kind of clarification that was 868 01:15:25,679 --> 01:15:32,560 put in there to convert acreage to square footage first before before 869 01:15:30,480 --> 01:15:38,400 calculating was aiming to get it I think what the concern was that if it was a 870 01:15:36,320 --> 01:15:43,120 building footprint that that could be you know a multiplestory building and 871 01:15:40,320 --> 01:15:47,920 thus be exceeding the actual allowance um if it was square footage not acreage. 872 01:15:46,080 --> 01:15:51,280 Um that clarification was put in there for data centers, but it wasn't put in 873 01:15:49,440 --> 01:15:57,040 there for best facil or for energy storage facilities um because those are 874 01:15:53,440 --> 01:16:01,679 typically outdoors and one story. Um but could could be if that was a concern of 875 01:15:59,840 --> 01:16:06,480 the planning commission. >> Commissioner Low, is that in alignment 876 01:16:03,440 --> 01:16:14,080 with your your ask? >> Yeah. Uh thank you Rachel for the 877 01:16:09,440 --> 01:16:20,960 clarification um uh to uh Vice President Saka's inquiry. um I was inquiring about 878 01:16:17,600 --> 01:16:28,400 energy storage uh systems and actually the more that I've like had some time to 879 01:16:24,320 --> 01:16:33,120 sit with that um I think that there is actually 880 01:16:29,920 --> 01:16:41,440 some overlap between avoiding being restrictive of industry and also 881 01:16:36,719 --> 01:16:47,760 meeting community feedback where I imagine like in an ideal world folks 882 01:16:45,520 --> 01:16:53,920 aren't pushing all the way up to we don't want folks to push up to the 25 or 883 01:16:50,880 --> 01:16:58,480 30% uh cap that we set like that's the maximum that we're feeling comfortable 884 01:16:55,760 --> 01:17:04,960 with and say 885 01:17:00,239 --> 01:17:10,239 if we forego a you know square acreage calculation that would essentially 886 01:17:08,400 --> 01:17:15,760 create a height cap to some certain degree that could force folks to build 887 01:17:13,360 --> 01:17:21,360 out wider and take up more square footage rather than being able to be 888 01:17:18,159 --> 01:17:27,679 efficient with space. And I think if the the value and the goal is to limit um 889 01:17:25,679 --> 01:17:31,760 footprint, if we're thinking about like how pavement for example is 890 01:17:30,000 --> 01:17:37,040 one-dimensional and takes up space and is permanent, um I think allowing for 891 01:17:35,120 --> 01:17:42,640 the flexibility that city staff have built in uh makes sense and meets the 892 01:17:40,159 --> 01:17:45,640 goals of community feedback and industry. 893 01:17:46,719 --> 01:17:50,960 » Thank you, Commissioner Lo. Thank you, Rachel. 894 01:17:53,600 --> 01:18:00,960 All right. Does the commission have any additional questions for staff? 895 01:17:58,159 --> 01:18:05,840 » I'd like to make a few more comments. Um I'm sorry I'm going to keep playing 896 01:18:02,480 --> 01:18:14,480 devil's advocate here. Um this obviously since this is something that is um 897 01:18:10,000 --> 01:18:20,080 related to city development code here um you know just a quick search there's 898 01:18:16,960 --> 01:18:24,560 been several studies about the reason why buffer zones around schools are 899 01:18:21,840 --> 01:18:30,800 important that are verifiable through universities and other institutions. 900 01:18:27,520 --> 01:18:35,719 Um, can we not use that information for ours until our own studies are done? 901 01:18:35,760 --> 01:18:42,880 » Yeah, I mean that's certainly a recommendation you all could make to 902 01:18:39,280 --> 01:18:48,000 base the finding um for that buffer on on those studies rather than local 903 01:18:46,560 --> 01:18:50,880 studies. Commissioner Davis, just a point of 904 01:18:49,360 --> 01:18:54,320 order too I'd like to raise is that if the commissioners are bringing in 905 01:18:52,159 --> 01:18:56,880 additional research and information um even during the course of this public 906 01:18:55,600 --> 01:19:00,560 meeting whether it's of your own searching or being provided by others 907 01:18:58,960 --> 01:19:05,120 that needs to be disclosed and shared into the record. Um but to that end that 908 01:19:03,040 --> 01:19:08,000 Rachel and staff's answer still holds which we can take that under 909 01:19:06,560 --> 01:19:11,199 consideration. You can include that as part of your recommendation to city 910 01:19:09,199 --> 01:19:14,880 council. I just want to make sure that if there's new facts or information that 911 01:19:13,120 --> 01:19:18,640 are being referenced or considered by some or all of the commissioners that 912 01:19:17,040 --> 01:19:22,400 has to be made both available to staff for consideration but also to the public 913 01:19:20,159 --> 01:19:24,000 as well. So, please send that along if you would. 914 01:19:22,960 --> 01:19:28,800 » Yeah, I'm happy to share that. >> Thanks. 915 01:19:25,760 --> 01:19:32,960 » Thank you for that clarification about us doing the best that we can to level 916 01:19:31,040 --> 01:19:37,600 set using all the information that we all have in order to make this decision. 917 01:19:35,760 --> 01:19:40,960 So, thank you for that clarity even for myself. 918 01:19:39,280 --> 01:19:45,600 Does the commission have any additional questions for staff? 919 01:19:43,440 --> 01:19:49,360 » I just uh have another comment. We're going to go back to buffer zones. I know 920 01:19:47,840 --> 01:19:53,760 commission I think commissioner Davis and I are just going to keep hammering 921 01:19:50,719 --> 01:20:02,560 at that, but um I just I understand the concern from the 922 01:19:56,800 --> 01:20:09,920 legal standpoint. Um, I just think that again in this time frame that we have 923 01:20:05,440 --> 01:20:13,760 with upcoming studies, I don't I I I'm not seeing quite the harm and the 924 01:20:12,000 --> 01:20:20,480 likelihood that that's going to get challenged in this time frame we have. 925 01:20:17,199 --> 01:20:26,000 Um, where we're setting this buffer. Um, because I guess the way 926 01:20:23,840 --> 01:20:31,600 I look at it, especially being a mom who has kids, I'm again my kids go to 927 01:20:28,880 --> 01:20:36,960 Liberty. I wasn't happy to hear about a data center going in so close to them. 928 01:20:34,719 --> 01:20:43,040 Um, having gone and been around the data centers and seeing how loud they are, 929 01:20:39,280 --> 01:20:51,120 how um, distracting and frankly annoying that is, um, I don't see the harm in at 930 01:20:47,199 --> 01:20:54,960 this point putting a buffer for the time being. 931 01:20:52,960 --> 01:21:00,640 um based on honestly just that sound alone. 932 01:20:58,239 --> 01:21:05,440 I think that's I think anyone who's visited that those areas 933 01:21:03,360 --> 01:21:11,920 I think that is a factual thing that we do know that it's a loud droning sound. 934 01:21:08,080 --> 01:21:16,000 That is something that um you know we kids have enough 935 01:21:13,520 --> 01:21:21,120 distractions with school and have a hard enough time staying focused. Um, I don't 936 01:21:18,800 --> 01:21:27,199 think adding additional um sound 937 01:21:25,199 --> 01:21:32,080 um sound to the noise they already have to deal 938 01:21:29,360 --> 01:21:35,679 with at their school. Especially someone um being a mom of a special needs kid 939 01:21:33,840 --> 01:21:40,960 who really struggled to stay focused at school. I just think there's 940 01:21:38,159 --> 01:21:47,760 I think there's it's a safer bet to go with the barrier 941 01:21:44,880 --> 01:21:53,440 for our kids when we have all these unknowns 942 01:21:50,640 --> 01:21:58,480 than it is to not put that in there. And again, once we have those that data come 943 01:21:55,679 --> 01:22:03,520 back on that second piece, we'll be able to scale back if needed to or maybe 944 01:22:00,639 --> 01:22:10,239 we'll find out that that thousand feet is exactly what we needed. We don't 945 01:22:05,600 --> 01:22:14,960 know. But um I just don't think that I don't think you we should be taking 946 01:22:12,080 --> 01:22:19,600 chances in our code when it comes to protecting our most vulnerable 947 01:22:17,040 --> 01:22:25,840 populations ever. And I think that's something that's not worth the risk um 948 01:22:21,920 --> 01:22:33,199 in the meantime. And I don't think that um we're at a high risk of having that 949 01:22:30,400 --> 01:22:38,880 appealed in the meantime given that we're there are upcoming 950 01:22:37,199 --> 01:22:43,600 um changes that are likely to happen based on um based on the studies that 951 01:22:41,760 --> 01:22:49,280 are coming. Um but then I also had a question too regarding phase two. Is 952 01:22:46,880 --> 01:22:55,760 there um any information that we would be getting pri or we could get prior to 953 01:22:53,040 --> 01:23:00,560 what studies are being done and kind of that process of the different studies 954 01:22:59,199 --> 01:23:04,679 because that was something I would be interested in learning more about. 955 01:23:04,719 --> 01:23:09,760 » Commissioner Jackson, for the record, Dan Diaz, thanks for for the question. 956 01:23:08,080 --> 01:23:13,760 I'll do my best to answer that the last part there. Um, I'll leave it to the 957 01:23:12,080 --> 01:23:16,159 commission to continue to deliberate and provide final direction to staff on 958 01:23:15,120 --> 01:23:20,480 where you would like to land with the buffer piece. Um, with the two studies, 959 01:23:18,960 --> 01:23:24,400 you may recall from the work session we presented to you that there will be two 960 01:23:22,159 --> 01:23:29,920 studies uh that the city has issued requests for proposals for those are now 961 01:23:26,480 --> 01:23:32,639 been published um due to close uh near the end of this month with contract 962 01:23:31,199 --> 01:23:36,960 selection and the work getting underway in the coming months or to be completed 963 01:23:34,639 --> 01:23:40,159 in the coming months. the two scopes of that work. Generally speaking, I won't 964 01:23:38,560 --> 01:23:42,719 go into all the detail again like we did in the work session unless the 965 01:23:41,040 --> 01:23:45,840 commission has questions which we're happy to then go into those level of 966 01:23:44,560 --> 01:23:50,080 additional detail with our time this evening. The first is to assess the 967 01:23:48,320 --> 01:23:54,159 physical and environmental impacts and characteristics of data centers. Uh in 968 01:23:52,320 --> 01:23:58,800 summary, that will look at things like water usage, air emissions, noise 969 01:23:57,120 --> 01:24:02,800 impacts, um 970 01:24:00,560 --> 01:24:06,000 uh sewer and water discharge requirements. Uh and as Rachel noted 971 01:24:05,040 --> 01:24:11,360 earlier in the meeting, some of the other physical built characteristics of 972 01:24:07,920 --> 01:24:14,480 that. Um yeah, thank you Rachel. Uh energy use and energy efficiency systems 973 01:24:13,199 --> 01:24:18,639 will also be included in that. So that that's the first scope around really the 974 01:24:16,960 --> 01:24:22,719 environmental and physical aspects of that. Um and we'll build upon some of 975 01:24:21,360 --> 01:24:26,400 the existing data that we talked about during the public hearing at your last 976 01:24:24,639 --> 01:24:29,760 meeting that we do have that we've tried to use to inform much of this policy 977 01:24:28,159 --> 01:24:32,719 piece. And then also to definitely address some areas that we have very 978 01:24:31,040 --> 01:24:36,320 limited information like the subaudible noise is something uh that has come to 979 01:24:35,040 --> 01:24:39,920 light that we don't have a lot of existing really any existing local data 980 01:24:38,400 --> 01:24:45,040 on and so it'll build out some of those areas of very limited to no knowledge. 981 01:24:42,719 --> 01:24:49,360 The second scope of work will be around a economic incentives analysis that'll 982 01:24:47,520 --> 01:24:53,760 be done more broadly but will have a specific call out in assessment of data 983 01:24:51,199 --> 01:24:59,600 centers that will look at things such as the uh fiscal impacts of data centers 984 01:24:57,760 --> 01:25:05,760 and some of the incentives that they have historically utilized or or not. Um 985 01:25:02,880 --> 01:25:09,520 it'll look at some of the other cross reliance or mutual impacts on industries 986 01:25:08,000 --> 01:25:12,639 that data center has. We received some of those questions uh including by 987 01:25:11,199 --> 01:25:16,320 Commissioner Thrral Nash at the public hearing at your last meeting. Uh so 988 01:25:14,560 --> 01:25:19,600 it'll seek to build upon existing information that we have had and have 989 01:25:17,760 --> 01:25:25,280 shared uh both in the work sessions in the course of the public hearing. Um and 990 01:25:22,480 --> 01:25:28,880 also uh just general industry trends to the degree we can kind of forecast that 991 01:25:26,719 --> 01:25:33,840 of where this may be going. And so those are the two scopes of work. uh the the 992 01:25:32,080 --> 01:25:37,760 former one, the the environmental and and physical impact uh is really the one 993 01:25:36,159 --> 01:25:41,840 that we anticipate informing a lot of the development related standards as 994 01:25:39,520 --> 01:25:46,239 Rachel noted, but just to reiterate why right now we're not proposing things 995 01:25:43,840 --> 01:25:49,040 like additional shrouding or burming or landscaping. We already have a lot of 996 01:25:47,600 --> 01:25:54,159 that in our development code as you know that apply to data centers. um things 997 01:25:52,000 --> 01:25:59,360 like possibly requiring closed loop infrastructure systems uh on site um 998 01:25:57,520 --> 01:26:03,760 really will be looked to the phase 2 to really be informed by that and and then 999 01:26:01,920 --> 01:26:08,320 what's the appropriate blend so back to vice president Saka's question earlier 1000 01:26:05,280 --> 01:26:12,080 it might be just the buffer it might be a buffer with you know screening 1001 01:26:10,320 --> 01:26:16,400 requirements or some blend of things and so we would anticipate 1002 01:26:14,320 --> 01:26:21,120 at the phase two and why staff have in the staff report for this evening and in 1003 01:26:17,920 --> 01:26:24,080 the verbal staff report seeking to work with the direction provided by council 1004 01:26:22,400 --> 01:26:27,920 to maintain that phase two really to bring forward a much more robust package 1005 01:26:26,080 --> 01:26:31,280 across a lot of these areas not just one item by one item by one item of how 1006 01:26:29,440 --> 01:26:34,880 they'd work together. So I hope that answers the question in terms of the two 1007 01:26:32,800 --> 01:26:37,520 scopes of work generally what's going to be included in those. If there's any 1008 01:26:36,000 --> 01:26:41,280 further specifics we'd be happy to answer what we can at this point in time 1009 01:26:39,199 --> 01:26:45,360 recognizing some that work is still uh to lie ahead. And definitely to 1010 01:26:43,280 --> 01:26:47,520 Commissioner Davis's point a moment ago, if you have additional information that 1011 01:26:46,800 --> 01:26:51,280 you're going to use for this consideration, send it to us so we can 1012 01:26:49,440 --> 01:26:54,000 consider it. Even after you make this decision, if there's additional things 1013 01:26:52,320 --> 01:26:57,440 you'd like to send us to consider as we go into phase two work, we can also 1014 01:26:55,360 --> 01:27:00,440 account for that at that later point as well. 1015 01:27:01,199 --> 01:27:07,520 » Timing timing of the first 1016 01:27:05,040 --> 01:27:12,480 » the timing of the both scopes, we anticipate them running pretty much in 1017 01:27:10,080 --> 01:27:15,760 parallel and concurrently. uh we are waiting to see what the responses come 1018 01:27:13,920 --> 01:27:19,280 back with to deliver all the things we're asking for. Um but we have 1019 01:27:17,679 --> 01:27:23,440 initially set a timeline of about 3 months from the start of the work. So 1020 01:27:21,920 --> 01:27:28,560 really starting towards the end of this month or early October uh running 3 1021 01:27:25,920 --> 01:27:33,679 months till we get probably initial full package of deliverables. That is subject 1022 01:27:30,960 --> 01:27:37,120 to change based on what the responses show and and making sure we can do a 1023 01:27:35,920 --> 01:27:40,080 thorough job and get the types of analysis and facts we need in. But 1024 01:27:38,639 --> 01:27:42,639 that's the initial timeline. Commissioner Gillow that we're operating 1025 01:27:41,760 --> 01:27:46,320 under. >> So 1026 01:27:44,239 --> 01:27:48,960 January would not be an unreasonable expectations. 1027 01:27:47,600 --> 01:27:53,320 » That's an initial target that we're trying to work towards right now. 1028 01:27:50,159 --> 01:27:53,320 » Thank you. 1029 01:27:57,600 --> 01:28:04,560 » I have a question. Is it possible that the information that Commissioner Davis 1030 01:28:02,560 --> 01:28:10,320 is referencing, if we took a little break, would we be able to print that? 1031 01:28:07,360 --> 01:28:16,320 uh so that we as a commission would have that 1032 01:28:12,560 --> 01:28:21,480 information to support us in in the deliberation. Is that possible at all? 1033 01:28:23,040 --> 01:28:29,120 » You want that? >> Uh we can absolutely try to run hard 1034 01:28:27,600 --> 01:28:33,120 copies or distribute that out especially to the commission um for those that are 1035 01:28:31,120 --> 01:28:36,480 attending online and the public too. We'll probably have a little bit 1036 01:28:34,880 --> 01:28:39,280 logistical challenge to get that available to everybody right this 1037 01:28:38,000 --> 01:28:42,480 second, but we can definitely also update the materials in the packet in 1038 01:28:40,880 --> 01:28:45,120 the record following the meeting and definitely going into the city council's 1039 01:28:43,760 --> 01:28:48,320 consideration with that as well if the commission would like. 1040 01:28:46,960 --> 01:28:52,080 » Commissioner Davis, is that something you'd be interested in? 1041 01:28:50,400 --> 01:28:58,159 » Yeah, I'm going with that. I just shared it with um Dan, Rachel, and and Leslie 1042 01:28:55,679 --> 01:29:01,440 via email. So, it is in a very rough form. Obviously, I just threw it into an 1043 01:28:59,760 --> 01:29:06,440 email and sent it off to you guys, but there are some links in there with 1044 01:29:02,719 --> 01:29:06,440 references. So, 1045 01:29:06,560 --> 01:29:11,600 » uh, with the commission, I know we're I feel like we're closing up our questions 1046 01:29:10,560 --> 01:29:16,239 and we're getting ready for deliberations. Is it okay if we take a 1047 01:29:13,679 --> 01:29:20,000 10-minut break, uh, in order for us to take care of our needs and perhaps get 1048 01:29:17,840 --> 01:29:25,280 some information? Okay. I would like to propose we're 1049 01:29:22,880 --> 01:29:30,520 going to take a 10m minute break and come back at 7:39. Simply 1050 01:29:39,840 --> 01:29:47,760 thank you so much. Uh we are back and uh the planning commission is ready to 1051 01:29:45,440 --> 01:29:53,840 begin deliberations. Before that I want to clarify with Commissioner Jackson. 1052 01:29:50,480 --> 01:29:58,239 Did you receive the supplemental reading that? 1053 01:29:56,159 --> 01:30:04,719 » Yeah, I'm looking at it now. >> Beautiful. All right. Thank you so much. 1054 01:30:01,440 --> 01:30:12,920 And now for deliberations. I would like to ask for any thoughts, 1055 01:30:06,880 --> 01:30:12,920 comments, or questions on this item. 1056 01:30:15,520 --> 01:30:21,920 » Yeah. So, uh, the the article that I asked the city to hand out to you all, 1057 01:30:20,320 --> 01:30:26,560 um, there's some information in here regarding heat. Obviously, this is just 1058 01:30:23,760 --> 01:30:30,639 one of many articles that, um, I sent off to the city, but I I did ask them to 1059 01:30:28,239 --> 01:30:36,800 highlight this one because it does have some specific study data in it. Um, I'll 1060 01:30:33,600 --> 01:30:43,440 read an excerpt from the article here. Um, believe it starts on page two of the 1061 01:30:40,239 --> 01:30:46,880 printed copy down toward the bottom. I'm not going to read the whole thing, but 1062 01:30:44,639 --> 01:30:52,639 I'm going to um jump into some of the the core details here. Um it's it 1063 01:30:50,000 --> 01:30:57,760 basically it's discussing how data centers using electricity generate heat 1064 01:30:55,920 --> 01:31:03,679 and when they generate heat, they typically use water to cool that heat. 1065 01:31:00,000 --> 01:31:08,080 Um but in addition to that uh recent research conducted in Phoenix, Arizona 1066 01:31:06,480 --> 01:31:13,760 estimates that a large data center can emit waste heat comparable to that 1067 01:31:11,760 --> 01:31:17,679 produced by tens or even hundreds of thousands of households. The latest 1068 01:31:16,000 --> 01:31:22,000 science shows that the waste heat can increase surrounding land surface 1069 01:31:19,840 --> 01:31:27,679 temperatures by as much as 16 degrees Fahrenheit and raise air temperatures in 1070 01:31:24,400 --> 01:31:31,600 the nearby neighborhoods by up to 4° F. These effects have been observed as far 1071 01:31:29,760 --> 01:31:35,360 away as half a kilometer or about five city blocks. 1072 01:31:33,280 --> 01:31:41,000 » Commissioner Davis, can you clarify again where in the printed copy you're 1073 01:31:37,360 --> 01:31:41,000 reading from, please? 1074 01:31:44,080 --> 01:31:51,520 » Uh, so it's in the section on the second page. How do data centers actually 1075 01:31:49,280 --> 01:31:55,360 affect urban heat? What does the science show? Um, and I began reading right 1076 01:31:54,080 --> 01:31:58,480 about the break of the page. I think it actually cuts off a little bit here in 1077 01:31:56,880 --> 01:32:02,639 the printed copy. >> Thank you. That's why we couldn't 1078 01:32:00,159 --> 01:32:06,639 necessarily follow along. >> Yeah. So, those that received the 1079 01:32:04,000 --> 01:32:09,520 digital copy uh with a link to the actual article, they'll see that there 1080 01:32:08,000 --> 01:32:14,320 was a little bit more included in there. It looks like the printer cut it off. 1081 01:32:12,000 --> 01:32:20,280 So, uh, but it is some of the the data that I would like to to, um, be included 1082 01:32:17,120 --> 01:32:20,280 in this. 1083 01:32:23,760 --> 01:32:30,239 Vice Pock, if it's also helpful, we'll see if Rachel can share that section on 1084 01:32:28,960 --> 01:32:34,239 the screen for the commissioner's reference. I got appears to be cut off 1085 01:32:31,679 --> 01:32:41,159 by the printer in the web page layout. Give us just a minute. 1086 01:32:37,840 --> 01:32:41,159 » Thank you. 1087 01:32:44,800 --> 01:32:53,760 While we're waiting for that to come up, I 1088 01:32:50,320 --> 01:33:00,400 I'm grateful that we're able to provide some research and that will provide 1089 01:32:56,880 --> 01:33:06,320 context to our request for a buffer. And I also believe that it is very valid 1090 01:33:03,760 --> 01:33:10,800 that community came in with their concerns 1091 01:33:07,840 --> 01:33:18,800 and and that is a data point in itself as well. And although 1092 01:33:14,000 --> 01:33:24,159 what we decide will not impact the data center that's currently being built near 1093 01:33:20,880 --> 01:33:29,120 Liberty High School, I do believe that it is an attempt for us to nurture trust 1094 01:33:26,639 --> 01:33:36,000 with the community to state that we're putting in policy that will ensure that 1095 01:33:33,120 --> 01:33:39,000 that kind of action is limited moving forward. 1096 01:33:55,040 --> 01:34:02,400 Thank you, Vice President. I just wanted to note for folks who maybe didn't have 1097 01:33:59,600 --> 01:34:08,120 a trusty calculator on hand, half a kilometer equates to about 1,600 ft. 1098 01:34:48,480 --> 01:35:00,080 Now that we have this shared information in front of us, how are we feeling about 1099 01:34:55,120 --> 01:35:05,560 the 500 versus the 1,000 ft buffer in in our first uh attempt with this code? 1100 01:35:06,560 --> 01:35:15,560 Uh, Commissioner Davis, I'll start. I I think that um I would still stand by the 1101 01:35:11,920 --> 01:35:15,560 10,00T buffer. 1102 01:35:16,560 --> 01:35:27,040 Commissioner Low here, knowing that probably 1103 01:35:22,960 --> 01:35:32,320 the the least of this temperature increase is experienced at the half 1104 01:35:29,679 --> 01:35:40,480 kilometer mark, which is about 1,600. And so anything under 1,600 I imagine is 1105 01:35:36,960 --> 01:35:48,440 getting gradually and uh exponentially warmer. Um I would also support the 1106 01:35:44,639 --> 01:35:48,440 1,000 ft buffer. 1107 01:35:51,920 --> 01:36:00,000 » Commissioner Jackson. >> Uh yeah, I given like this information 1108 01:35:57,440 --> 01:36:05,520 as well. I agree with Commissioner Davis and Commissioner Low and would um 1109 01:36:03,600 --> 01:36:08,520 recommend a buffer based on this information. 1110 01:36:14,960 --> 01:36:23,120 I I would go with the majority here that we've received enough information for us 1111 01:36:20,560 --> 01:36:28,000 to at least request a th00and ft buffer around school zones uh with the 1112 01:36:26,400 --> 01:36:33,440 awareness that as additional environmental analysis information comes 1113 01:36:30,960 --> 01:36:38,800 in that this code could continue to be refined uh incorporating that additional 1114 01:36:36,560 --> 01:36:43,719 data. So as of right now I am very comfortable with requesting the 1000 1115 01:36:40,400 --> 01:36:43,719 foot buffer. 1116 01:36:47,119 --> 01:36:54,480 Um sorry just point of clarification because there's two in buffers in the 1117 01:36:51,920 --> 01:36:57,760 code for both one buffer for data centers and one buffer for energy 1118 01:36:56,159 --> 01:37:02,880 storage and generation facilities. So, I just wanted to clarify that you all were 1119 01:37:00,080 --> 01:37:07,840 intending uh your recommendation at this point to apply to both evenly or if 1120 01:37:05,840 --> 01:37:12,400 you'd like to consider them separately. I'm going to advocate that we consider 1121 01:37:09,760 --> 01:37:17,760 them separately only because it seems like we're still getting more additional 1122 01:37:14,560 --> 01:37:21,320 information from industry about what energy storage 1123 01:37:23,679 --> 01:37:33,040 energy storage systems use and the multi-use and the fact that a climate 1124 01:37:30,000 --> 01:37:37,840 friendly equity equitable communities even in that if 1125 01:37:36,320 --> 01:37:43,760 for example a school wants to have parking with 1126 01:37:40,719 --> 01:37:48,239 solar panels and we would consider that in alignment with our climate friendly 1127 01:37:46,400 --> 01:37:54,000 work. we would consider that a public benefit. And so as of right now, 1128 01:37:51,040 --> 01:37:58,960 personally, it seems clearer to identify this buffer zone for data centers, but I 1129 01:37:57,119 --> 01:38:03,159 am open to hearing and receiving additional feedback from the commission. 1130 01:38:09,440 --> 01:38:17,199 I'd like to concur with Vice President Saka. um you know operating with the 1131 01:38:15,600 --> 01:38:21,520 information that we have distributed publicly here and what was discussed in 1132 01:38:19,840 --> 01:38:28,400 the last meeting that I reviewed on video. Um I think this sets my mindset 1133 01:38:26,320 --> 01:38:32,159 in terms of the questions that are still outstanding and the environmental 1134 01:38:29,679 --> 01:38:40,400 analysis that the city is working on to say this for the 10,00 buffer for data 1135 01:38:35,679 --> 01:38:46,960 centers. um and would want further information on uh what the types of 1136 01:38:44,639 --> 01:38:52,480 impacts there are regarding energy storage systems as a whole and knowing 1137 01:38:49,440 --> 01:38:58,880 that that's a diverse uh array of facilities. I think also I'm thinking 1138 01:38:56,080 --> 01:39:04,080 and maybe this is this is not a realistic scenario but I'm wondering in 1139 01:39:01,600 --> 01:39:09,520 a world where I guess this is a question of schools 1140 01:39:06,000 --> 01:39:14,239 and school districts with uh emergency resiliency if there's anything where 1141 01:39:12,159 --> 01:39:22,080 they might be using battery storage on site uh to maybe replace something that 1142 01:39:17,840 --> 01:39:28,080 is uh a carbon emmitting uh generator. So, I I just wanted to flag that in 1143 01:39:25,520 --> 01:39:31,800 terms of I'm not trying to be close-minded here. 1144 01:39:35,520 --> 01:39:43,280 » Commissioner Davis, I I can concur with that as well. Um, you know, that as as 1145 01:39:41,199 --> 01:39:48,320 mentioned, you know, obviously there's still a lot more to learn about the um 1146 01:39:46,159 --> 01:39:53,760 energy storage systems uh as far as their impacts as well. Um and and what I 1147 01:39:51,679 --> 01:40:02,280 was able to just quickly research doesn't directly address those. So um I 1148 01:39:57,119 --> 01:40:02,280 would I would also agree on that. 1149 01:40:03,040 --> 01:40:07,639 » Commissioner David, I mean Commissioner Jackson. 1150 01:40:07,920 --> 01:40:15,600 » Uh yeah, I don't have any information that 1151 01:40:12,960 --> 01:40:19,760 gives me um enough information to say either way on 1152 01:40:17,440 --> 01:40:25,520 that one as well. So, I would be fine with that being discussed in phase two 1153 01:40:22,080 --> 01:40:28,760 when we have more information. Um, that would be fine. 1154 01:40:34,320 --> 01:40:41,360 Rachel, is Commissioner Gerilla, before we go on to stuff, 1155 01:40:39,199 --> 01:40:47,360 Rachel, is that sufficient for the buffer zone just to be for data centers? 1156 01:40:44,800 --> 01:40:51,040 » That's sufficient um for discussion. I I would say when you when if if and when 1157 01:40:49,520 --> 01:40:57,280 someone makes a motion that they should make a motion to that effect to clarify 1158 01:40:52,960 --> 01:41:02,400 that um what is being um approved would be what you all just discussed a 1159 01:41:00,000 --> 01:41:05,760 thousand foot buffer for data centers and the removal of the buffer 1160 01:41:04,080 --> 01:41:10,960 requirements for energy storage generation at this time. Um so just make 1161 01:41:08,159 --> 01:41:14,840 the motion specific when you if and when you decide to make a motion. 1162 01:41:39,199 --> 01:41:47,920 Just to clarify for the language, um are we able to say it's 1,000 foot buffer 1163 01:41:44,159 --> 01:41:53,920 for data centers around schools and removal of buffer zone for energy 1164 01:41:51,280 --> 01:41:58,080 storage system? At this time, we don't need to provide additional information 1165 01:41:55,600 --> 01:42:00,960 like pending phase two or anything like that. Just at this time, 1166 01:41:59,520 --> 01:42:03,760 » no, we're not considering anything for phase two at this point. We've, you 1167 01:42:02,320 --> 01:42:07,679 know, outlined that in the staff report, but yeah, I mean, you would just be 1168 01:42:05,119 --> 01:42:10,800 removing it from the proposed code amendment language. 1169 01:42:08,800 --> 01:42:15,600 » Okay. We have it in the code amendment language now, though, right? 1170 01:42:12,960 --> 01:42:19,360 » Correct. So you would be um yeah you would be making a motion that is 1171 01:42:17,600 --> 01:42:23,600 recommending a thousand foot buffer from data centers and recommending removal of 1172 01:42:21,679 --> 01:42:28,040 the buffer language for energy storage and generation facilities entirely. 1173 01:42:29,440 --> 01:42:37,119 » The entirely is interesting to me. >> You could phrase it differently if you 1174 01:42:34,560 --> 01:42:42,280 wanted. Uh you could just let me give you the exact reference of where that's 1175 01:42:39,280 --> 01:42:42,280 located. 1176 01:42:45,360 --> 01:42:54,600 So it would be removal of the proximity restrictions in section 12.40.155 1177 01:42:56,000 --> 01:43:01,239 C 1 and two 1178 01:43:02,560 --> 01:43:08,719 is where that those sections specifically for energy storage and 1179 01:43:06,400 --> 01:43:13,119 generation are located. So it would be striking those two sections from the 1180 01:43:11,199 --> 01:43:17,239 proposed amendment from this proposed amendment. 1181 01:43:37,760 --> 01:43:46,320 As I'm searching, I'm trying to before we go into removal, the research that 1182 01:43:43,520 --> 01:43:51,040 was done, was the research that was completed recommending buffer zones for 1183 01:43:49,040 --> 01:43:54,320 our energy storage systems or this was something that we as a planning 1184 01:43:52,320 --> 01:43:58,239 commission requested? >> The second um there were no buffers 1185 01:43:56,400 --> 01:44:02,239 originally. You all requested that we come back with options for buffers for 1186 01:43:59,920 --> 01:44:06,400 both uses. this time. >> Thank you. So, this is not something 1187 01:44:03,679 --> 01:44:11,080 industry related. This was our ask and we're just clarifying. Okay. Thank you. 1188 01:44:16,639 --> 01:44:25,119 I guess I'd just like to hear how that lands with you all colleagues. Um 1189 01:44:22,560 --> 01:44:30,239 especially since I heard a little bit of pause from Vice President Saka. I think 1190 01:44:28,239 --> 01:44:35,920 the complete elimination gave me a little pause, too. But that's helpful to 1191 01:44:32,960 --> 01:44:41,840 know from city staff that this was just a 1192 01:44:38,880 --> 01:44:50,159 recommendation request from our body rather than coming from 1193 01:44:44,320 --> 01:44:56,639 industry or research or um advocates. I and if I might elaborate a little bit, 1194 01:44:53,920 --> 01:45:01,920 you know, my for context, my brain constantly lives 1195 01:44:58,880 --> 01:45:07,360 in a world of what happens if Cascadia occurs. Um and so that's kind of where 1196 01:45:05,280 --> 01:45:13,760 my comment came when I was thinking about schools um and what happens to 1197 01:45:10,880 --> 01:45:19,840 schools if there such I know that this is impending when such 1198 01:45:16,960 --> 01:45:24,239 event occurs and how to support folks across the board not just in schools but 1199 01:45:21,600 --> 01:45:30,080 also in all public facilities hospitals etc. 1200 01:45:26,159 --> 01:45:37,600 I'm I'm wondering if there's maybe a a comfort in particular language of use 1201 01:45:34,719 --> 01:45:44,000 related to emergency management at the moment while we wait for phase 2 1202 01:45:41,040 --> 01:45:50,480 research and information. if there's any hesitation 1203 01:45:47,440 --> 01:45:56,239 among you all for complete removal 1204 01:45:52,880 --> 01:46:01,840 just because I saw a pause to my left. I want to comment that my pause was 1205 01:45:58,639 --> 01:46:07,679 clarified by staff that this was a request from the planning commission and 1206 01:46:04,719 --> 01:46:12,239 now that we are deliberating here and none of this information from industry 1207 01:46:09,520 --> 01:46:17,280 or our partners or our community has advocated for this but at this time I 1208 01:46:14,560 --> 01:46:21,840 don't I don't need any any additional clarity that it seems like we are very 1209 01:46:19,679 --> 01:46:25,840 much aligned on the buffer zones for data centers versus energy storage 1210 01:46:24,320 --> 01:46:29,600 systems. So, thank you so much for that opportunity to clarify. 1211 01:46:27,600 --> 01:46:32,639 » Got it. I just wanted to make sure that nothing was going un unsaid. 1212 01:46:31,360 --> 01:46:38,320 » Yeah, >> Commissioner Gill, I guess 1213 01:46:35,679 --> 01:46:44,320 I guess in the absence of any other information that anybody on the 1214 01:46:40,719 --> 01:46:48,480 commission. I think I don't see the need for the buffer at 1215 01:46:46,080 --> 01:46:55,440 this point. we may kind of come back, the commission may 1216 01:46:51,440 --> 01:47:00,800 come back and revisit this in January. Um, so I'm 1217 01:46:58,639 --> 01:47:08,639 I'm comfortable uh going ahead and making a motion that 1218 01:47:04,000 --> 01:47:11,639 we recommend approval of CDCA case file CA4-26 1219 01:47:11,679 --> 01:47:22,560 data and energy storage text changes. um that the staff has 1220 01:47:19,119 --> 01:47:27,199 proposed with the recommendation that we include a th000 ft buffer 1221 01:47:25,520 --> 01:47:34,000 uh from uh for data centers from schools and 1222 01:47:29,760 --> 01:47:41,840 that we eliminate uh the sections in the code that proposed uh buffers 1223 01:47:39,280 --> 01:47:44,840 uh around energy storage and energy facilities. 1224 01:47:45,679 --> 01:47:56,000 Can I make a quick just request? Could we include language in that that it be 1225 01:47:52,080 --> 01:47:59,040 considered for future phase two? So that way it's not just totally being 1226 01:47:57,360 --> 01:48:03,679 eliminated. >> I have no problem if the city wants to 1227 01:48:00,960 --> 01:48:07,760 reconsider anything once the consultant work is done. 1228 01:48:05,440 --> 01:48:11,760 » Likewise. So, Commissioner Davis, do and I want to 1229 01:48:10,400 --> 01:48:16,800 clarify that we're not going to say energy facilities, but just energy 1230 01:48:14,480 --> 01:48:20,400 storage systems. Commissioner Gilla, 1231 01:48:17,679 --> 01:48:21,760 » well, it's energy storage facilities. 1232 01:48:21,360 --> 01:48:26,400 » Okay, >> that's what's in the code right now. So, 1233 01:48:24,719 --> 01:48:30,080 » and okay, just because I felt like there's a difference, 1234 01:48:28,560 --> 01:48:33,679 but I just wanted to clarify that it's energy storage systems and 1235 01:48:32,480 --> 01:48:38,880 » generation facilities. >> Thank you. Generation facilities. 1236 01:48:36,400 --> 01:48:46,400 So the the language on the screen is what would reflect um that what you all 1237 01:48:41,920 --> 01:48:56,080 just discussed um with the specific code reference for that section. Um if 1238 01:48:51,600 --> 01:49:03,199 you want to have get consensus on the recommendation from you all that buffers 1239 01:48:59,440 --> 01:49:07,600 be looked at in phase two. You could include that. It wouldn't be necessarily 1240 01:49:05,520 --> 01:49:11,440 part of the amendment text, but it would be a part of your recommendation, which 1241 01:49:10,000 --> 01:49:16,719 your formal recommendation to city council, which is uh which would go in 1242 01:49:14,400 --> 01:49:21,440 the staff report um to be pointed out to them that there was a recommendation 1243 01:49:18,000 --> 01:49:24,719 that you all made based on this hearing. >> We could also include that in the draft 1244 01:49:22,960 --> 01:49:27,679 findings. And what we would also ask is the clarification from the commission 1245 01:49:26,239 --> 01:49:31,760 that you're justifying that thousand foot buffer based upon the AI search and 1246 01:49:29,920 --> 01:49:34,000 information provided by Commissioner Davis, too. that was shared this 1247 01:49:33,199 --> 01:49:40,480 evening. >> That's what my motion meant. 1248 01:49:37,920 --> 01:49:44,119 » Well, you're asking for clarification. I just provided it. 1249 01:49:46,080 --> 01:49:52,480 » I want to hear from Commissioner Davis. Is there any 1250 01:49:50,480 --> 01:49:57,199 the additional language that you're you're requesting or what you need from 1251 01:49:54,639 --> 01:50:03,840 staff? Yeah, I would like it to at least be in the recommendation that it uh is 1252 01:50:00,800 --> 01:50:06,840 re revisited for phase two um by city council. 1253 01:50:08,960 --> 01:50:14,560 » The motioner agrees. >> Oh, sorry. 1254 01:50:12,480 --> 01:50:17,600 » Sorry. The motioner agrees. >> I mean, at some point we got to have a 1255 01:50:16,080 --> 01:50:23,440 second before we can have too much more discussion. But I say 1256 01:50:20,239 --> 01:50:28,960 » I agree with the inclusion of the um recommendation to revisit 1257 01:50:27,199 --> 01:50:32,719 » after phase two by the city council. Thank you so much, Commissioner Jackson. 1258 01:50:30,639 --> 01:50:37,679 Um if Commissioner Gillow, if you would not mind making that motion again with 1259 01:50:35,679 --> 01:50:41,880 the language that we have on our screen and then I would love for a second. 1260 01:50:41,920 --> 01:50:50,080 » Okay. Um, again, I'm recommending that the planning commission approve CDCA 1261 01:50:47,360 --> 01:50:58,080 00426 um based on the uh staff report and the 1262 01:50:55,600 --> 01:51:02,560 staff draft of the language with the recommendation 1263 01:50:59,679 --> 01:51:08,880 of the thousand foot buffer requirement be added uh around schools for data 1264 01:51:06,400 --> 01:51:15,360 centers. And that is based 1265 01:51:11,600 --> 01:51:19,639 upon in part the data that we received tonight uh 1266 01:51:20,080 --> 01:51:28,159 in the report the the internet report that we received. 1267 01:51:24,880 --> 01:51:35,040 In addition that we would strike the applicable CDC sections that deal with 1268 01:51:32,400 --> 01:51:44,320 energy storage and energy facilities where we would not require a buffer 1269 01:51:39,679 --> 01:51:50,000 um at this time, but that the planning commission would recommend 1270 01:51:48,159 --> 01:51:59,000 that both of these buffers be revisited 1271 01:51:53,040 --> 01:51:59,000 upon completion of phase two. Um, 1272 01:51:59,840 --> 01:52:06,080 Commissioner Davis, does that get to where you're at? 1273 01:52:04,159 --> 01:52:10,159 » It does, then I second. >> Thank you. I have a motion from 1274 01:52:08,159 --> 01:52:14,800 Commissioner Gillow and a second from Commissioner Davis. All those in favor, 1275 01:52:13,199 --> 01:52:16,719 please say I. >> I. 1276 01:52:15,280 --> 01:52:20,639 » I. >> Any opposed? 1277 01:52:18,560 --> 01:52:24,239 Any abstensions? Motion carries. 1278 01:52:22,800 --> 01:52:27,520 Do any commissioners have any communications or reports for 1279 01:52:25,760 --> 01:52:32,480 discussion? Okay, we have no new business. We do not 1280 01:52:30,320 --> 01:52:36,560 have a staff report and we do not have another work session this evening. If 1281 01:52:34,239 --> 01:52:41,119 there is no further business, the planning commission is adjourned at 8:03