[1:12] But as John, good afternoon
[1:15] and welcome to the JULY 15,
[1:15] 2026 meeting of the
[1:16] Metropolitan Development
[1:18] Commission. I will now call
[1:20] the meeting to order. We have
[1:24] a quorum in place. Will all
[1:25] rise and join me with the
[1:31] Pledge of Allegiance. Please.
[1:51] Last? Is there? Well. Members
[1:54] of the commission you received
[1:57] the minutes of the JULY first
[1:58] meeting last week, you had
[2:01] opportunity to review those.
[2:02] Are there any additions or
[2:05] deletions to those minutes?
[2:10] Hearing? Commissioner he can.
[2:11] I get a motion to approve. So
[2:15] moved. Commissioner her gut.
[2:17] Can I get to say that? Second?
[2:19] What call the roll her. Get.
[2:26] Her. Yes. While Lyle, yes.
[2:28] Where ats Murphy Murphy a
[2:31] Schumacher Schumacher. Yes.
[2:36] West west, yes. Do as a yes.
[2:39] The minutes from JULY first
[2:42] 2026 past 7 to 0 moving
[2:44] forward. Are there any
[2:44] content? It's U.S. Withdraws
[2:53] or special request. Please
[2:54] introduce yourself.
[2:55] Absolutely. My name is
[2:55] Alexander Curlin. I represent
[2:58] the region. Community schools.
[3:00] Thank you for your time today.
[3:01] On behalf of vintage community
[3:04] schools in their community.
[3:05] And as you know, we have
[3:08] hearing today case numbers
[3:12] 2026 Cbr 8, 1, 5, as well as
[3:13] 2026 Cpl. 8, 1, 5, on the
[3:15] school's behalf and on the
[3:16] school communities behalf. I
[3:17] respectfully request a
[3:19] continuance for cause under
[3:22] Article 6 Section 8 Point and
[3:24] 17 of the commission's rule.
[3:28] The school elementary school
[3:29] joins the site that is being
[3:32] requested for development and
[3:33] requested for variants. Yet
[3:34] the school was not contacted
[3:37] by the developer until JUNE.
[3:38] After the hearing
[3:39] recommendation had already
[3:42] been made. The board first had
[3:43] an opportunity to review the
[3:44] site plan on JUNE 24th barely
[3:48] a month ago and a revised plan
[3:49] reached the school only last
[3:53] week. The petitioners
[3:55] commitments still remain in
[3:56] draft form for the large part
[3:59] and the school is still in the
[4:00] middle of negotiating
[4:01] commitments with the
[4:03] developer. Indeed, the school
[4:05] district just had an
[4:06] opportunity to go visit the
[4:08] site on Monday. And the board
[4:10] hasn't even had a chance to
[4:12] talk amongst itself about that
[4:16] visit. We're not seeking a
[4:16] delay. What we're seeking is
[4:19] time to do due diligence. And
[4:21] so we are asking for fair
[4:22] opportunity to evaluate the
[4:24] materials to evaluate the
[4:25] requests and therefore,
[4:27] seeking a 45 day. Continuance.
[4:30] Thank you. I was there
[4:31] councilor out. You have a
[4:35] thoughts on this matter. First
[4:37] of all, welcome. Good to see
[4:38] Thank PRESIDENT Dylan
[4:39] Commissioners and Union City
[4:42] County Councilor District 14
[4:43] in support of the continuance
[4:44] requested by the school
[4:48] district. Did reach out to the
[4:48] petitioner and the
[4:49] representative. So let them
[4:50] know. I think there are other
[4:50] conversations with the school
[4:55] district. But again, appears
[4:57] it is fairly substantial
[4:58] change to the to the site. And
[4:59] so just backing up the
[5:00] council's comments that
[5:04] allowing for proper time for
[5:04] that communication to happen
[5:05] would be supportive of of
[5:08] their request. So thank you.
[5:11] Thank you. Thank you for all
[5:14] your hard work. We appreciate.
[5:14] Anyone else would like to
[5:21] comment on this. Yes, Council,
[5:25] please introduce yourself.
[5:26] Thank you. Members of the
[5:27] commission strict Brown with
[5:30] offices at 300 North Meridian
[5:30] Street. Sweet. 2500
[5:31] Indianapolis, Indiana, for 6,
[5:35] 204, for the record today
[5:36] representing the petitioners
[5:39] on this case. And I believe
[5:41] there will be 3 additional
[5:42] speakers opposing this request
[5:45] for a continuance after made
[5:45] remarks on behalf of to share
[5:56] as well. Comments summarize
[5:58] those in paper form. If it's
[6:00] easier to digest while I'm
[6:02] given my remarks and why we
[6:02] oppose the continues. We'd be
[6:03] happy to give this to remind
[6:05] traitors and you all as well.
[6:06] It's that's helpful to you
[6:10] all. Does give your comments
[6:14] council. So we strongly oppose
[6:16] the request for a continuance,
[6:19] especially a 45 day.
[6:21] Continuance due to significant
[6:22] contractual consequences that
[6:22] are involved. This case has
[6:26] been pending since MARCH. It
[6:26] is already experienced
[6:30] multiple continuances. First.
[6:31] There is an additional month
[6:34] continuing student that encase
[6:35] and there is an automatic
[6:36] continuance take environments
[6:38] traitors for another month.
[6:38] And finally, there is a
[6:42] continuance for cars for
[6:43] exactly the reasons that
[6:44] reminds traders have asked for
[6:48] additional continuance. I came
[6:49] here before you all and asked
[6:51] for a continuance after
[6:54] working with staff in late
[6:56] JUNE to allow more time to
[6:58] work with the school, which
[6:59] we've done and additional
[7:01] neighbors on additional
[7:04] commitments. Those resulted
[7:07] benefits to the school and to
[7:09] the community, which can
[7:11] easily be digested as removal
[7:13] of a building. Additional
[7:14] green space reduction of
[7:15] backup generators, reduction
[7:18] of power, cetera, unexplained
[7:20] those commitments here at the
[7:21] podium on on JULY one. They've
[7:24] been updated on our website as
[7:27] well. We also put out a media
[7:28] statement which is covered
[7:30] broadly by many different
[7:34] media outlets. And so we
[7:35] believe that the request is
[7:39] simply just a delay tactic or
[7:40] a wish for dc blocks to go
[7:42] away and not built to edge
[7:42] note facilities to serve
[7:46] Indianapolis. The parties have
[7:47] been afforded ample
[7:48] opportunity to participate and
[7:50] be held throughout this
[7:52] process. 2 different
[7:53] counselors have had public
[7:56] forums on this and getting a
[7:56] continuance at this stage
[7:58] would unnecessarily delay the
[8:00] process and undermine the
[8:01] integrity of the established
[8:03] procedures which have been
[8:05] designed to ensure fairness
[8:06] and transparency for all
[8:09] stakeholders, not just 3
[8:10] months. Traitors. There's no
[8:11] indication that any party has
[8:13] been deprived of the meeting
[8:16] opportunity to be heard or
[8:17] that any procedural safeguards
[8:18] have been compromised. Our
[8:21] outreach to counselor Nielsen,
[8:22] a neighboring counselor
[8:29] started on MARCH 10th. We also
[8:30] suspect that Megan will be one
[8:33] of the lead reminds traitors.
[8:36] If you look at tab 87 in
[8:38] binder, too, you can read our
[8:40] e-mails where we offered a
[8:41] one-on-one meeting on more
[8:43] than one occasion and she did
[8:44] not respond to our latest
[8:48] request on 6.11 Dc Blacks has
[8:48] been responsive to all of
[8:50] those have reached out and
[8:51] there are some neighbors here
[8:52] that could speak to that as
[8:56] well. As it relates to the
[8:57] school's request for a
[8:59] continuance, we strongly
[9:00] disagree with the facts that
[9:02] they present it before you the
[9:07] school is an entity that to
[9:08] receive public notice as part
[9:10] of the legal notice of this
[9:12] process. They received that
[9:15] notice in early APRIL. If you
[9:18] also look at. Tab 86 of
[9:21] binder, too. It details our
[9:25] outreach to Irvington
[9:28] Community Schools which began
[9:31] as direct outreach on MARCH 20
[9:32] force that was prior to the
[9:34] public notice being received
[9:36] specifically the school
[9:39] received 5 emails, 2 phone
[9:40] calls that were answered by
[9:43] receptionists for the school.
[9:45] One in-person visit by dc
[9:46] Bloc's executive who left his
[9:47] contact information in a note
[9:51] for them to call him. One
[9:53] postcard that the school
[9:54] acknowledged they received at
[9:55] an Irvington Community Council
[9:58] meeting in JUNE as well as a
[10:02] legal notice. We also posted
[10:02] additional legal notice signs
[10:09] on the property as a neighbor.
[10:10] We additionally participated
[10:11] in private meetings with
[10:12] school board. We attended
[10:15] their public meeting. We
[10:16] hosted 9 members of the school
[10:17] board in the admin officials
[10:20] to Atlanta to visit building
[10:23] one on JULY 13th or observe
[10:26] the operations. That date was
[10:26] not chosen by us. That date
[10:32] was chosen. The school we had
[10:33] meaningful conversations.
[10:38] Those have. Resulted and there
[10:39] on the screen as a result, a
[10:42] in conclusion tan tan
[10:44] commitments concluding in
[10:46] county s they are also an
[10:47] entity that are on the
[10:48] commitments being able to be
[10:52] enforced. We have. Council
[10:55] said conclusion, yes, your
[10:58] memoirs in conclusion I'd love
[11:00] for you to hear from our
[11:01] experts that we fund in today
[11:02] and as well as the property
[11:09] owner. Thank you. Good
[11:10] afternoon, Vincent Ash. Here
[11:11] on behalf of the property
[11:14] owner and developer Law Group.
[11:17] Respectfully, we ask that
[11:20] oppose any continuance on this
[11:22] matter. The project to this
[11:23] property has actually been
[11:24] under contract a contract
[11:28] since DECEMBER of 2025,
[11:29] negotiate an extensive due
[11:31] diligence period, which has
[11:32] both extensions options have
[11:39] been utilized. In addition,
[11:40] there's you know, throughout
[11:42] that Ross Esol parties
[11:43] dedicated a significant time
[11:44] resources and capital reliance
[11:46] on an established schedule.
[11:50] And that's counselor spoke dc
[11:50] blocks of provided him a lot
[11:51] of opportunities for public
[11:52] engagement through multiple
[11:54] channels. I do want to
[11:56] emphasize that continued
[11:56] delays on this project not
[11:59] only affects this one, but it
[12:02] infects our timing and
[12:03] investment of other planned
[12:03] projects on the property as
[12:05] well broader development
[12:07] efforts. So with that, I
[12:08] kindly ask that you oppose
[12:10] any, continue it and hear
[12:11] Thank you. Schedule here
[12:13] today. Thank you. Yes, ma'am.
[12:16] Please introduce yourself. Hi,
[12:19] I'm an award saying I I'm
[12:21] MISTER Ney and no word saying
[12:24] thank you. I'm a school
[12:24] psychologist in the
[12:25] Indianapolis school districts
[12:29] and charter schools. I just
[12:30] want to ask us talk about the
[12:34] kind broader concerns with
[12:38] these data centers and also
[12:40] just the tax initiatives that
[12:41] these people are getting for.
[12:43] Building data centers here. I
[12:45] need your position my position
[12:46] is I'm opposing it like I want
[12:46] continuance. I want us to
[12:49] continue talking. Thank you
[12:50] very much. Yes, Thank you very
[12:53] much. Thank you. Thank you.
[12:54] Councilor we've been waiting
[12:59] for you. I'm not done yet. And
[13:03] you're done. I have more to
[13:05] say. Thank you. You have taken
[13:08] a position now explain to you,
[13:09] why have that position and
[13:10] don't you people here right
[13:12] now to listen to me, Libya?
[13:15] Right now. We've got your
[13:16] Pitino. Listen. This can you I
[13:18] know. I agree. I know it's a
[13:20] continuance and I'm asking for
[13:21] that. And I know that you have
[13:21] my opinion. You know that.
[13:23] That's what I want. But what?
[13:28] What are my reasons? It's
[13:29] because what what else are we
[13:29] spending money on in this
[13:34] town? We're not here to
[13:37] debate. You know, I'm not Tell
[13:40] hearing think about later.
[13:40] This is for continuance
[13:42] Understand your position.
[13:45] Okay. Thank you. Thank you.
[13:48] Counselor heart. Thank you,
[13:49] MR. PRESIDENT, welcome. So
[13:52] i'll be brief just on the
[13:55] continuous piece I'm opposed
[13:57] to continuance is a pretty
[13:59] digestible change from the
[14:01] petitioner. Really easy to
[14:04] understand. I agree with the
[14:05] petitioner that there was
[14:05] ample amount of notification
[14:06] made, especially on the fact
[14:09] that they were part of the
[14:10] original distribution of
[14:11] notification just due to legal
[14:12] process. Beyond that, I
[14:13] believe my understanding is
[14:17] of. Their concern for real
[14:18] continuance is because they're
[14:20] concerned about enrollment for
[14:20] their school and making sure
[14:21] that they can try and keep up
[14:23] their enrollment numbers. I
[14:25] don't believe that this
[14:25] particular development would
[14:28] impact that given that there's
[14:29] already so much industrial
[14:30] that is adjacent to their
[14:32] property. This is not new
[14:32] industrial. We're talking
[14:33] about a fully established
[14:36] industrial site today. And I
[14:37] don't think that this
[14:38] particular development would
[14:39] have any impact on their
[14:41] concern that I've heard. So
[14:45] I'm opposed to a continuance
[14:45] couple questions. Councilor
[14:46] her, first of hold you in high
[14:47] regard and have a lot of
[14:48] respect for you. Thank you for
[14:52] being here. You're in district
[14:59] 20, sir. District 20 is the.
[15:00] District that this matter is
[15:01] being conducted. Just so you
[15:02] are the sitting city Council
[15:04] person in district, one. Yes,
[15:05] Okay. I just want make sure
[15:06] that's clear for the record.
[15:08] And then you add on the
[15:09] project on the project as a
[15:11] whole, I want know you want
[15:14] that. I want to right now as i
[15:15] look at the finding of facts
[15:18] on this project, it fits all
[15:19] of them. Write it when they
[15:20] come before you in the game
[15:23] for the hearing examiner,
[15:24] there's nothing in their
[15:24] petition that is outside the
[15:27] boundaries of would constitute
[15:32] any level of ability to pass
[15:34] your discretion where I see
[15:35] the opportunity for this
[15:36] development is in the
[15:36] tremendous amount of
[15:38] opportunity, both in the tax
[15:39] base and the community impact
[15:41] payments come from this.
[15:41] There's a lot that will come
[15:47] from. Don't go. All right.
[15:48] Going to be a lot that's going
[15:49] to come from the tif district
[15:50] that this is an ugly that will
[15:52] have a tremendous amount of
[15:53] impact on Irvington with
[15:55] allocation area already
[15:57] exists. When we talk about
[15:58] places like Irvington Plaza
[15:59] Ellenberger Park. So that will
[16:02] impact District 14. There's a
[16:04] large commitment and dollars
[16:04] that will go towards
[16:05] infrastructure, which I'm I'm
[16:06] right now under the impression
[16:08] that will go to impact the
[16:09] Washington Square Mall, which
[16:10] impacts a strict 20. There's
[16:11] another 2 and a half million
[16:14] dollars. That is just a
[16:15] charitable incentive from the
[16:17] petitioners that will go
[16:19] towards initiative that we've
[16:22] been trying to revive the Rams
[16:23] Bird ymca in a sense, you
[16:24] know, with some other
[16:26] operators, which is still
[16:28] communications, which those
[16:29] things are the things that
[16:32] when I did my my door knocking
[16:34] my listening might my surveys.
[16:35] That's what people want me to
[16:37] work on how to revive them
[16:39] all. How do you get the ymca
[16:41] back? And this provides a
[16:42] financial means to do that
[16:43] through those taxes and the
[16:44] abatement. So you're for the
[16:46] project. Right now. The
[16:48] project is favorable. Yes,
[16:49] thank you. Thank you for being
[16:51] Council. Thank you. All right.
[16:54] Counselor.
[17:04] Please introduce yourself. And
[17:06] Jon PRESIDENT Of the Central
[17:06] Indiana Building Trades
[17:07] Council. We stand appreciation
[17:09] being to the point is, well,
[17:09] please step stand in
[17:14] opposition of the continuance.
[17:14] One more time. We stand in
[17:15] opposition of the continuance.
[17:18] Thank you. You're back for
[17:21] more. I'm back for more. What
[17:23] we've got your request.
[17:25] Appreciate that. I do want to
[17:26] add one thing. I'm with regard
[17:27] to a counselor. Hart said he
[17:30] MAY very well be right. We
[17:31] just don't know which is why
[17:35] we're asking for more time. We
[17:36] didn't MISS West around. I
[17:42] don't think she is. She's not
[17:44] lying about the reach out when
[17:45] I think there was a mistake in
[17:46] how it happened because it
[17:48] never came to the board. And
[17:52] so as a result, the board was
[17:56] not notified until the end of
[17:56] JUNE or mid JUNE. And the
[17:57] board hasn't had an
[17:58] opportunity to review as MISS
[18:00] West. Rick Brown has admitted
[18:02] our conversation with dc
[18:05] Blocks has made this project
[18:06] better. More conversation.
[18:10] We'll make it even better. So
[18:11] to the extent that there's
[18:11] improvement to be done in this
[18:16] project. A short time for due
[18:18] diligence, isn't everybody's
[18:20] interest. Thank you very much.
[18:24] I'm gonna go Staff any the
[18:27] matter on the continuance.
[18:28] Thank you. PRESIDENT Dylan
[18:29] members of the commission
[18:31] staff is prepared to go
[18:31] forward today. And as you
[18:32] know, it is up to the
[18:32] commission to make the
[18:36] decision. Thank you very much.
[18:37] We've had a request members of
[18:39] the commission. For a
[18:48] continuance. 2026. Cvr. 8.15,
[18:52] in 2026. Cpl. 8.15 It would
[18:54] take a motion from a member of
[18:55] the commission and a second.
[18:55] Is there a motion to continue
[18:58] so moved? Thank you. Is there
[19:04] a second? Thank on your
[19:09] motion. On time. How long you
[19:16] want to continue it? 30 days.
[19:17] Can your manager motion that
[19:20] come amended for 30 days.
[19:21] Amend the motion for 30 days.
[19:25] I'm sorry. I amend the motion
[19:26] on the floor to be a 30 day.
[19:28] Continuance. And we have a
[19:32] second on that. Yes, sir.
[19:33] Thank you. We have a motion
[19:41] and a second. To continue.
[19:44] 2026. Cvra 15, 2026 Cpl. 8.15,
[19:49] for 30 days. And I think on
[19:52] our schedule correctly rise
[19:53] try to get to AUGUST 19 not be
[19:54] correct. AUGUST 19 would be
[19:56] the hearing. Thank you, sir. I
[19:59] will now call the roll on the
[20:03] vote for continuance. Her.
[20:07] Yes. Yes, is to continue.
[20:11] That's correct. Got so yes.
[20:12] Vote is for the motion to
[20:14] continue a no vote is against
[20:20] the motion. Yes. Lyle. Yes.
[20:27] Already know. Murphy now.
[20:37] Schumacher. Yes. What snow?
[20:41] Dylan is a no. We will have a
[20:44] hearing today. The continuance
[20:46] has been defeated 4 to 3.
[20:49] Moving forward. Are there any
[20:57] other special request? Good
[20:58] afternoon. PRESIDENT Dylan
[20:59] members of the commission show
[21:01] called Around 11 South
[21:03] Meridian here Indianapolis. I
[21:04] have the other case today for
[21:07] public schedule for public
[21:12] hearing. It's agenda item. 17,
[21:14] 2026, 0, 0, 5, 7 at 37. 0, 9,
[21:17] east Washington street. We
[21:18] would respectfully request a
[21:19] short continuance to your
[21:22] AUGUST 5th hearing just given
[21:24] kind of the dynamics in the
[21:26] room today. We think that
[21:27] would be beneficial for all
[21:30] parties concerned. Thank you.
[21:31] Members of the staff, you have
[21:33] any comments on that. Thank
[21:35] you. PRESIDENT Dylan members
[21:36] of the commission staff would
[21:37] have no objection to the
[21:39] continuance of 2026. Co nz
[21:41] Rose 5, 7, to the AUGUST 5th
[21:42] hearing and that would be
[21:45] without additional notice.
[21:46] Thank you is or what else you
[21:46] want comment on this
[21:48] particular continuance?
[21:49] Questions from members of the
[21:52] commission. Hearing. None we
[21:56] have before us. A continuous
[22:01] continue request.
[22:01] Councilmember sure you get it
[22:08] right for 2026. 5, 7, correct.
[22:09] To be heard on AUGUST 5th, let
[22:12] me call the roll her gut. Her
[22:15] star and then the motion. I
[22:16] need a motion. So moved
[22:19] segment. Second, thank you.
[22:21] Let me call the roll. Her. Get
[22:26] her. Yes. Lyle Lyle. Yes.
[22:29] Moreira Mauritius Murphy
[22:29] Murphy s Schumacher.
[22:32] Schumacher. Yes, west, yes.
[22:37] Doing is a Council. You've got
[22:37] AUGUST thank you. Thank you
[22:45] very much. Yes, ma'am. I have
[22:49] a special request. I I request
[22:50] that you hear a few more
[22:53] voices and to take a second
[22:53] vote about the continuance
[22:54] with the dc block so that you
[22:56] can make a wise decision that
[22:59] does not put un legal danger
[23:01] or even to put the dc blocks
[23:05] council in a legal bind. Thank
[23:08] you. Decided the matter and to
[23:11] the ips member. We are more
[23:13] and help more than glad to
[23:17] hear your comments as a
[23:17] reminder straighter during the
[23:18] here. So please be ready for
[23:26] that. Thank you very much.
[23:27] Thank you. PRESIDENT Jesse
[23:28] Brown City going out to
[23:30] district 13. I'm asking for a
[23:31] special request for PRESIDENT
[23:32] Dylan and the rest of this
[23:34] commission to institute a data
[23:35] centre moratorium effective
[23:36] immediately or soon as
[23:38] possible. As of MAY you
[23:39] receive notice that all 25
[23:40] counselors, one of the
[23:41] moratorium until the Su 47
[23:44] zoning was completed. As of
[23:45] this week, you've heard that
[23:47] the dmv staff PRESIDENT There.
[23:48] I'm Mayor Hogsett and
[23:48] PRESIDENT Lewis have also
[23:51] supported this moratorium. We
[23:52] heard in committee the danger
[23:52] of allowing developers to slip
[23:56] through few weeks when the
[23:56] outcome is clear. But just
[23:59] paperwork has been done. The
[24:00] council cannot initiate a
[24:01] moratorium, but you can you
[24:02] don't need to wait for the
[24:04] city council to return the
[24:06] amended proposal. And so I am
[24:08] asking you to act today to
[24:09] amend the agenda and or call a
[24:10] special meeting. Do everything
[24:11] in your power to institute a
[24:12] moratorium as soon as
[24:14] possible. Will further
[24:15] conversations happen? You do
[24:15] have this power so we need to
[24:17] use it. Thank you. Thank you,
[24:18] counselor. Let me make a
[24:33] point. Counselor. Castle, any
[24:37] makeup point of order? And you
[24:38] know, this better than most.
[24:42] We have. The city council
[24:45] who's taking the position that
[24:49] they want a moratorium on new.
[24:51] Data centers. The mayor has
[24:53] taken a position that he wants
[24:57] a moratorium on new. Data
[24:58] centers. No question.
[25:01] Everybody's public on that.
[25:03] The process now goes back to
[25:04] the council to shoot us back.
[25:08] A ordinance. Requesting that
[25:10] that then we would have to
[25:11] address LaVar issues.
[25:18] Counselor. Is state law. 36 7,
[25:19] 4, 1, 1, 1, 9, which is
[25:21] referred to as the vested
[25:23] rights. So the individuals in
[25:26] the I think there's 3 in the
[25:27] queue. Correct me if I'm
[25:31] wrong. All have a vested right
[25:31] of the process and they've all
[25:34] gone through the process and
[25:37] should by statute have a vote.
[25:39] So from a point of order
[25:40] standpoint, we are waiting for
[25:40] the council to give us the
[25:43] moratorium. We've got the
[25:44] message from the mayor's
[25:47] office. Assuming that's going
[25:49] to happen in a timely fashion.
[25:51] And that's those directions or
[25:54] we will follow at the time.
[25:55] But as of today, because of
[25:56] the vested rights state law,
[26:00] we got to keep moving. Just
[26:02] quick because I misstated
[26:03] wasn't speaking about, you
[26:05] know, Metro blocks, dc blocks
[26:06] the people in front of you
[26:07] today. I was worried about for
[26:08] the next 30 45 days until you
[26:12] receive that proposal. I worry
[26:14] that now new people look at
[26:15] that. That's of interest. You
[26:16] mentioned that's you can to
[26:16] avoid. We're going to stay in
[26:18] concert with what the council
[26:19] and the mayor's office wants
[26:20] to do. And then we will follow
[26:22] through from that. Thank you
[26:30] for being here. Council. Good
[26:31] afternoon. PRESIDENT Dylan
[26:33] commissioners, Tonya Wilson,
[26:34] economic incentives. I'm here
[26:37] on behalf of item number 6
[26:40] staff respectfully requesting
[26:41] a 2 continuous for resolution.
[26:45] Number 2, 0, 2, 6, 8, 0, 3, 4,
[26:49] There was a identified which
[26:50] notice the incorrect parcel
[26:52] and we need time to write
[26:53] prompts a formation. Every
[26:54] notice and curry notice. And
[26:57] so we're asking for a 2 week,
[27:01] continuance to AUGUST the 5th.
[27:02] Thank you, Steph. Comments on
[27:08] this. Only that he would be
[27:08] required. Would you notice
[27:09] which is already in place? To
[27:12] give notice? Questions from
[27:17] members of the commission. But
[27:18] I also like to comment on
[27:21] request for a continuance.
[27:22] Seeing none we have before us
[27:27] 2026. 3, 4, request for a
[27:29] continuance to the AUGUST 5th
[27:30] meeting. Can I get a motion to
[27:33] approve? Some of You
[27:35] Commissioner Murray? Can I get
[27:37] a second second? Thank you,
[27:38] commissioner her let me call
[27:45] the roll. Heard her. Lot. No.
[27:52] Where? Murphy s. Schumacher,
[27:59] Schumacher. Yes. West west,
[28:04] Dylan is a yes. You received.
[28:07] Continuance of 2026. 3, 4, to
[28:10] be continued to artists by
[28:12] vote of 6 to one. Thank you.
[28:18] Thank you. Final. Requests
[28:23] withdraws continuances. Seeing
[28:24] Nancy, can you read the
[28:24] resolutions and to the
[28:29] minutes? Thank you. PRESIDENT
[28:35] Dylan and commissioners. 2026
[28:36] are 0 to one authorizes the
[28:38] Department Metropolitan
[28:39] Development to use locally
[28:41] available funds in an amount
[28:45] not to exceed $15,000 to
[28:45] demolish this structure
[28:48] located at 26. 38. And 26 40
[28:51] East 10th Street to facilitate
[28:53] investigation and removal of
[28:58] underground storage tanks.
[29:02] 2026 a 0, 1, 4, a public
[29:05] hearing. Preliminary economic
[29:05] revitalization, excuse me, not
[29:10] for public hearing. 2026. A 0,
[29:12] 1, 4 preliminary economic
[29:12] revitalization area resolution
[29:16] for Metro Blocks, llc, located
[29:18] at 25, 0, 5, North Sherman
[29:21] Drive Council district 8
[29:21] Senator Township recommended
[29:23] approval of 10 years. Real
[29:28] personal property abatement.
[29:31] 2026. A 0, 1, 5 preliminary
[29:32] economic revitalization area
[29:35] resolution for Metro Block. So
[29:37] we'll see located a 25, 0, 5,
[29:39] North Sherman Drive Council
[29:41] district 8 Center Township
[29:43] recommended approval. 15
[29:44] years. Enhanced personal
[29:50] property tax abatement. 2026.
[29:52] A 0, 1, 9, 4, public hearing
[29:54] resolution authorizes an
[29:54] amendment to the 2023 Real
[29:58] property tax abatement
[30:01] approved by resolution 0, 2,
[30:06] to 6 Alfa Laval, U.S. Group
[30:10] Services, Real Estate llc. 58
[30:12] 20 Meritage Parkway Council
[30:12] district. 25 Franklin
[30:18] Township. 2026. A 0, 3, 3, 4
[30:25] public hearing. Finau Economic
[30:26] revitalization area resolution
[30:29] for Ccbc see operations cells.
[30:30] Lc located at 5,000 West 25th
[30:34] Street Council District 11
[30:36] Wayne Township recommended
[30:36] approval for years. Personal
[30:38] property tax abatement. This
[30:39] the reading of the
[30:43] resolutions. Thank you, Nancy
[30:47] resolutions were for There are
[30:50] 3 that are not scheduled for
[30:54] public hearing 2026 to one
[30:59] 2026. 1, 4, 2026. A 0, 1, 5.
[31:08] Let me be clear. Resolutions.
[31:09] If approved, then would go to
[31:11] a public here. All this does
[31:15] is put them on the calendar.
[31:16] There's no decision on any one
[31:18] of them today. There's no
[31:19] debate on any one of them
[31:22] today. That all happens in the
[31:23] public meeting. That would be
[31:26] scheduled at this point for
[31:28] AUGUST. 5th Rice, is that
[31:30] correct? That is correct. I
[31:30] just want to make sure I'm
[31:32] clear for the record. All
[31:38] right. We have before 2026 to
[31:44] one 2026. 1, 4, 2026. 1, 5,
[31:46] that are not set for a public
[31:48] hearing. Commissioner Murray,
[31:49] can I get a motion to approve
[31:53] the 3 so moved? Thank you,
[31:54] commissioner, any kind get a
[31:56] second second, let me call the
[32:00] roll her. Get. Her. Yes. While
[32:06] Lyle, yes. Mauritius. Murphy
[32:09] Murphy s Robinson. I'm sorry,
[32:11] Robinson. Not here.
[32:14] Schumacher. Schumacher. Yester
[32:21] one. No 2, 3, So you're no on
[32:25] 2026. Won 4 in '01, 5, Got it
[32:28] in your yes. On 2026. To one.
[32:36] West. West. Yes. Dylan is a
[32:41] yes. They pass. Some 2026. To
[32:48] one Nancy passes 7 to 0 2026.
[32:54] 1, 4, passes 6. Yes, one, no
[32:56] '01, 5 passes 60 s one. No.
[33:01] Moving forward. Nope, you can
[33:03] you read those in the record?
[33:09] Is thank you. Sorry, Nancy, I
[33:10] jumped again. We get public
[33:11] hearings. I gotcha. Thank you,
[33:13] counselor. Appreciate it. All
[33:15] right. We now have before us
[33:19] 2026 1, 9, for a public
[33:21] hearing. Resolution authorizes
[33:21] an amendment to the 2023 real
[33:25] property tax abatement
[33:29] approved by resolution to 6
[33:30] yet out. A lot U.S. Group
[33:37] Services, Real Estate llc,
[33:38] Parkway Council district. 25
[33:42] in Franklin Township. Thank
[33:44] you. PRESIDENT Doing and
[33:45] members of the commission. I
[33:46] am the Ramsey compliance
[33:49] manager for economic Sennas.
[33:50] This resolution requesting
[33:53] public handsome and the terms
[33:56] just agreement, the amendment
[33:57] would transfer to the new
[34:00] owner after loved by U.S.
[34:03] Troops Services, Real Estate
[34:04] llc, an extended job creation
[34:05] commitment deadline to
[34:10] DECEMBER 31st. 2026. The dmv
[34:13] staff supports the amendment.
[34:14] Representatives from af of
[34:15] Laval and gp cm County Line
[34:16] Partners are expected to be in
[34:20] the audience. Thank you. Gonna
[34:21] questions from members of the
[34:24] commission. There anyone else
[34:25] here today to cares the
[34:31] comments? On '01, 5, Sharon,
[34:34] a. I will accept a motion to
[34:39] approve. 2026. 1, 9,
[34:43] commercial or so moved. Thank
[34:44] you commission. Allow can I
[34:47] get a second second call? The
[34:48] roll heard her. Yes, while
[34:53] yes. Where Murphy Murphy
[34:54] Schumacher Schumacher. Yes,
[35:02] West. West. Yes, don't as a
[35:07] 2026 1, 9, 7 to 0. That takes
[35:08] us to 2026. 3, 3, for public
[35:18] hearing. Final economic
[35:19] revitalization area resolution
[35:23] for Ccbc See Operations, llc
[35:23] that 5,000 West 25th Street
[35:27] Council District 11 in Wayne
[35:29] Township recommended approval
[35:29] for years. Personal property
[35:33] tax abatement. Well, thank
[35:35] you, PRESIDENT Good afternoon.
[35:38] PRESIDENT Dylan and
[35:38] commissioners Cathy battle
[35:39] with the economic incentives
[35:43] team. The dmv. I am here on
[35:44] behalf of ccbc see operations
[35:45] or better known Coca-Cola
[35:49] battling and Consolidated llc
[35:53] located at 5,000 West 25th
[35:54] Street and the time the
[35:56] Speedway on JULY, the 13th
[35:59] they received a approval of a
[35:59] resolution approving an
[36:04] abatement in their area. This
[36:05] is for a four-year personal
[36:06] property tax abatement at a
[36:08] 50% straight line deduction
[36:10] with a 31.5 million
[36:12] investment. The company is
[36:13] installing a new blast,
[36:15] bottling man manufacturing
[36:18] line. This will be only the
[36:19] manufacturing glass. Bottom
[36:22] line in the us Coca-Cola has
[36:28] thrive within city for many
[36:29] years. They will be retaining
[36:33] 179 full time jobs of with 77%
[36:36] of those jobs are held by
[36:37] Marion County. Residents going
[36:40] to be adding 16 new jobs with
[36:43] this project. Pain above $24.
[36:44] An hour. In addition, the
[36:47] company has gone beyond the
[36:49] normal 5% inclusivity
[36:50] commitment and it's providing
[36:54] a 10% inclusivity commitment
[36:56] totaling 91 $1000 to go
[36:57] towards infrastructure
[36:58] improvements along Georgetown
[37:03] Road. Staff is recommending
[37:05] approval of resolution, 2, 0,
[37:05] 2, 6, 8, 0, 3, 3, for 4 years.
[37:06] Personal property tax
[37:09] abatement. Thank you. Is
[37:10] ruinous here today like to
[37:14] comment on this resolution?
[37:15] Seeing none. Are there any
[37:16] questions from members of the
[37:22] commission on 2026, 3, 3,
[37:22] Hearing. Commissioners.
[37:24] Schumacher. Can I get a motion
[37:26] to approve 2026? 3, 3 so moved
[37:27] treshon allow. Can I get a
[37:31] second second? Call the roll.
[37:36] Her. Yes, Lyle, yes. Ats?
[37:39] Murphy Murphy a. Schumacher
[37:45] Schumacher. Yes. West, yes.
[37:49] Doing as a yes, 2026. 3, 3,
[37:50] passes 7 to 0 and put a lot of
[37:52] time and effort into that.
[37:55] Well done. Thank you.
[38:02] 2026. 3, 3 was continued to
[38:05] AUGUST 5th. So I believe we're
[38:11] done with our resolutions.
[38:18] Think 2026 a 0, 3, 4,
[38:19] Continuing. This continues
[38:22] okay. Now as you read the
[38:24] petitions of no appeal into
[38:27] the record. Yes, sir.
[38:28] Petitions and no appeal
[38:32] recommended for approval.
[38:37] 2026. App's 0, 1, 1, 5,001 is
[38:38] 5, 0, 0, 1, East Raman Street
[38:39] Center Township Council
[38:46] District 19. 2026 0, 0, 1, 6,
[38:49] but 30, 30 Southeastern Avenue
[38:49] Centre Township Council
[38:56] District 18. Twenty-twenty 6
[39:00] 0, 2, 7 16, 11. East 18th
[39:00] Street Center Township Council
[39:09] District 8. Twenty-twenty 6,
[39:10] 0, 0, to 9 at 1, 0, 0, 3, or
[39:13] 10, 0, 3 West 30th Street
[39:14] Center Township Council
[39:21] District 12. 2026 0, 0, 3, 0,
[39:23] amended 35, 0, 5, South Hardin
[39:23] Street Perry Township Council
[39:30] District. 22. 2026, 0, 0, 3,
[39:33] 8, and 18, 30 Shelby Street
[39:33] Center Township Council
[39:40] District 8 teen. 2026 0, 0, 4,
[39:43] 6, to 32 16 East 25th Street
[39:44] Center Township Council
[39:52] District h. 2026 Eazy e and 8,
[39:54] 1, 3, amended 11, 27 South
[39:55] East Re Center Township
[40:00] Council District. 18. And
[40:06] lastly 2026 Eap 8 to 4 at 41
[40:06] 0, 7, East Washington Street
[40:09] Center Township Council
[40:10] District 13. This season's the
[40:11] reading the resolutions that
[40:12] were recommended for approval
[40:15] by the hearing examiner. Thank
[40:16] you, Nancy. We have 2026, a p
[40:22] p o 1, 1, 2026, 0, 1, 6, 2026,
[40:32] 0 to 7, 2026, 0 to 9, 2026, 0
[40:40] 2026, 3, 8, 2026, 0 for 6,
[40:45] 2026. See Zn 8, 1, 3, 2026. C
[40:50] a p 8, 2, 4 Commissioner
[40:51] Murray. Can I get a motion to
[40:53] approve all 9 so moved
[40:54] Commissioner Schumacher going
[40:56] to get a second second. Let me
[41:01] call the roll. Heard her. Yes.
[41:02] While yes, more already essler
[41:09] Murphy Schumer. West. Yes, all
[41:12] passed all 9 past 7 to 0. We
[41:14] have one public hearing.
[41:22] Please read into the record.
[41:23] Thank you. PRESIDENT Dylan and
[41:27] commissioners. Petitions for
[41:29] public hearing people.
[41:30] Petitions recommended for
[41:30] approval by the hearing
[41:33] examiner appeal feel filed by
[41:39] every month straighter 2026.
[41:42] Cvr 8, 1, 5, amended 2026 e 8,
[41:46] 1, 5, but 305, fentayl drive.
[41:50] Township Council district 20
[41:54] property is owned issues. Dcb
[41:55] Indianapolis llc by Monday
[41:58] West Rick Brown requesting a
[42:00] variance of use and
[42:01] development standards of the
[42:03] consolidated Zoning and
[42:05] subdivision ordinance to
[42:05] provide for construction of a
[42:07] data center not permitted
[42:09] consisting of up to 2
[42:13] buildings up to a total
[42:15] 330,000 Square feet with no
[42:18] less than 100 parking spaces,
[42:18] minimum 330 parking spaces
[42:25] required. Also requesting
[42:26] approval of a subdivision plat
[42:29] to be known as replant of of
[42:31] the Thunderbird. Commerce
[42:33] entered Subdividing. 32.4, 0,
[42:37] 6, acres into 2. Lots. Well,
[42:41] all those intending to
[42:42] testify, please stand but
[42:43] PRESIDENT Dylan will address
[42:50] you for assembly. Women day.
[42:51] All those intended to testify.
[42:51] Please stand raise your right
[43:00] hands. Do you swear or affirm
[43:00] and to penalize the Purdue to
[43:01] tell the truth and nothing.
[43:02] But the truth say I do. Thank
[43:07] you. Thank you. Let me walk
[43:08] through rules of engagement as
[43:09] we move forward. This is a
[43:13] public hearing. We conduct
[43:16] with. Guidance by the rules
[43:21] and by proper. Procedure and
[43:26] buy. The crowd. Recognizing
[43:29] that these are tough issues
[43:29] and then we're going to move
[43:30] through pretty fast
[43:34] professionally as we can.
[43:37] Petitioner gets 15 minutes.
[43:38] The reminds traitors get 15
[43:42] minutes. I will then go to any
[43:42] city council, person who wants
[43:45] to comment. Mills. And I think
[43:48] you want to comment then go to
[43:53] staff. Come back for 5 minutes
[43:55] rebuttal to the petitioner 5
[43:57] minutes rebuttal to the rim on
[43:58] straighter. And then we will
[43:59] take a vote members of the
[44:02] commission, its 2 votes. 2
[44:05] bouts now. I have a special
[44:10] requests. Alexander, make sure
[44:13] that you're up in front on the
[44:14] reminds traitors my front and
[44:15] the back Make sure you're up
[44:19] front. On stretchers to give
[44:20] your testimony and your
[44:21] thoughts. That's the
[44:21] appropriate time to tell us
[44:23] what you think. And we
[44:26] appreciate it very much.
[44:32] Councilor you're on the clock.
[44:33] Thank you. Members of the
[44:33] commission Monday, Western
[44:35] Brown with offices at 300
[44:36] north Brady and Sweet. 2500
[44:37] Indianapolis, Indiana for 6 to
[44:41] 0 for for the record. Today
[44:43] joined by dc blocks executives
[44:44] thereby owes aren't have one
[44:47] of your binder. Dc blocks was
[44:48] founded in 2014 and has over
[44:51] 10 locations in the Southeast
[44:52] information about the company
[44:55] can be found in tap to but dc
[44:56] Blacks would like to bring to
[44:57] edge note facilities to and I
[45:02] 3 par saw. We appreciate your
[45:03] attention to important in big
[45:04] cases like this one project.
[45:07] Details and facts tax are
[45:08] absolutely critical here with
[45:11] a lot of misinformation. So my
[45:13] apologies for the 7 inches of
[45:14] finder. But it's absolutely
[45:15] critical that we have all the
[45:18] facts with limited time. I'm
[45:19] going to work to show you how
[45:20] we've responded to community
[45:22] members made real progress by
[45:24] working tirelessly to answer
[45:25] questions at a lot of
[45:28] commitments, make amendments
[45:30] and make improvements at every
[45:31] turn that demonstrate we meet
[45:35] them. Findings of fact. Dc
[45:37] Blocks has met some absolutely
[45:38] great leaders and community
[45:40] activists on the east side and
[45:42] has significant support from
[45:44] the Warren Township
[45:45] Development Association. A
[45:47] member of the Irvington
[45:48] Community Council nearby
[45:50] residents and East side,
[45:51] neighbors, the trades and
[45:56] civic leaders. This and has
[45:57] produced the community support
[45:58] that's outlined in Tab 17
[46:01] through 25 in your binder.
[46:02] Nancy and Kathleen also have
[46:02] an additional letter of
[46:03] support, not in your binder
[46:04] from the Shepherd Community
[46:08] Center. We've also included
[46:09] support from other
[46:10] jurisdictions where dc Blocks
[46:12] operates in taps. 26 through
[46:15] 32 because of this engagement,
[46:17] dc blocks better understands
[46:19] the community needs including
[46:19] pedestrian connectivity.
[46:21] Irvington Plaza in Washington
[46:24] Square Mall Parks, the Rance
[46:25] Burger ymca, Common Ground,
[46:28] the Morehead Resource Center
[46:30] collaboration, potential with
[46:31] the Shepherd Community Center
[46:32] and other community members
[46:33] and future education
[46:34] opportunities that both
[46:35] Irving, 10 community school as
[46:37] well as the Warren Township
[46:40] schools. This list is, of
[46:42] course, not exhaustive of the
[46:43] community needs, but this list
[46:44] represents a sample of the dc
[46:44] connection over the last few
[46:48] months. Which helped pose has
[46:49] helped create a better
[46:51] understanding of future
[46:53] involvement. Potential dc Box
[46:53] is absolutely ready to do
[46:56] great work on the east side.
[46:57] And mayor eager to work with
[46:58] dc box for the betterment of
[47:00] the community as well. Dc
[47:04] Blacks is unapologetic about
[47:05] making a community protection
[47:08] pledge which is in tab 3. This
[47:09] outlines the zoning
[47:10] commitments in a manner that's
[47:11] easier for the public to
[47:13] digest, but also makes a
[47:16] commitment of at least 2.5
[47:17] million dollars for the
[47:18] community benefit that is
[47:20] outside any sort of formal tax
[47:21] discussions. It's simply a
[47:25] charitable contribution.
[47:27] Leadership that the United Way
[47:28] has reached out to host a
[47:29] listening session with dc
[47:30] Blocks and counselor heart in
[47:32] the community on AUGUST 5th,
[47:34] where we hope we can continue
[47:35] engaging with the community on
[47:36] charitable and economic
[47:39] impact. Let me Orient you to
[47:41] the site in our specific
[47:43] request. The site is a total
[47:46] of 32 acres with 22 acres that
[47:46] can be developed in the
[47:48] northwest corner of the
[47:48] Thunderbird Commerce Center,
[47:49] which is the old Ford stay on
[47:53] site. As a former automotive
[47:54] plant has shown here. This is
[47:56] an industrial site zoned. I 3
[48:00] since 1956, a variance of use
[48:03] is required because edge note
[48:03] facilities hosting optical
[48:06] network here are undefined.
[48:08] The development standards
[48:09] reduce the parking spots,
[48:11] providing a positive
[48:11] environmental impact. The
[48:14] reply allows the parcels to
[48:17] correspond to their faces as
[48:19] the site plan shows phase one
[48:20] and building one have plans to
[48:22] be operational within 24
[48:24] months. S has the capacity to
[48:28] serve building one with 10
[48:28] megawatt with just minor
[48:29] updates to the existing
[48:33] substation. Building. 2 has a
[48:35] tenet. And as low density edge
[48:37] note facility, it's not an ai
[48:38] data center. We've eliminated
[48:41] building 3 completely added
[48:42] more. Green space shifted the
[48:45] building further to the south.
[48:47] We've eliminated. 25 backup
[48:48] generators and remove the need
[48:51] for 28 megawatts of power. The
[48:51] project details are on the
[48:54] side of the slide. I know many
[48:55] are familiar with the old Ford
[49:00] to stay on site. This area was
[49:00] industrial is currently
[49:02] industrial and has an
[49:04] industrial future. Monarch is
[49:05] currently operational just
[49:07] south of us with 37 truck
[49:10] based just on Fentayl alone.
[49:11] Cantley is an industrial
[49:13] corridor to the West. But the
[49:14] racetrack, less than a half a
[49:17] mile from this site, English
[49:17] is to the south with the
[49:21] photos of the semis and a s
[49:22] easement with an active
[49:23] substation is to the north
[49:24] separating us from the Penske
[49:28] Trail. Chelan with highway
[49:30] like interchanges are to the
[49:31] east. The atf truck terminal,
[49:33] which has 96 truck terminals
[49:37] and 560 parking spaces is
[49:38] immediate neighbor to the
[49:39] Pence e on one side and this
[49:41] project on the other. We are
[49:42] less than a mile as the crow
[49:45] flies from the long operating
[49:45] and not disruptive East Cape
[49:49] Data center. Dc Box has built
[49:50] building one just outside of
[49:53] Atlanta. And we've provided to
[49:54] ers to counselor Heart the
[49:55] Indy Chamber. The building
[49:56] trades the Warren Township
[49:58] School Board and Irving 10
[50:00] schools. So we know this
[50:02] design operates like a quiet
[50:04] warehouse. Dc Box has
[50:07] redeveloped in brownfield with
[50:08] countless similarities to this
[50:11] specific site in Birmingham,
[50:13] unbeknownst to dc Blocks, a
[50:13] Birmingham neighbor testified
[50:16] about dc box positive impact.
[50:18] Julie Goldsberry, Ron Phillips
[50:19] and Carrie Blackwell, a
[50:20] retired isd firefighter. Found
[50:24] keys. On their own when they
[50:26] visited dc blocks in
[50:27] Birmingham. And as I
[50:28] understand it, they had a
[50:29] lovely time meeting with
[50:30] community members and elected
[50:30] officials to learn more about
[50:34] dc box. We've added
[50:35] commitments to address the
[50:38] dust, which has a prior
[50:41] approved with item as well.
[50:42] But we're thankful for
[50:43] neighbors like Ron Julian,
[50:44] Gary, for their attention.
[50:45] This project is absolutely
[50:47] better because of them and
[50:48] their attention to these
[50:49] details as well as many
[50:53] others. Today we're joined by
[50:53] please Challis who has a full
[50:56] accounting of this brownfield
[50:57] to answer any questions there
[50:58] to brownfield letters and
[51:01] taps. 51 to 52, dc Blacks
[51:02] would be the 3rd entity to
[51:04] remediate this specific site.
[51:06] We did a walking tour with
[51:08] loss and clues in JUNE to
[51:13] answer questions. Dc Blocks
[51:15] has schools as close as across
[51:17] the fence. You can see in this
[51:18] aerial here, Huntsville School
[51:24] is 234 feet away. Where is the
[51:25] dc blocks facility in
[51:26] Indianapolis would be more
[51:28] than 817 feet away from the
[51:30] building and then the
[51:31] generators would be on the
[51:34] backside of that building, the
[51:34] substation, an easement which
[51:37] is planned for the expansion
[51:39] with or without the c block
[51:39] sits in between us and the
[51:43] trail in the school. The
[51:43] school neighbor in Huntsville
[51:44] has provided a letter
[51:46] outlining that that they have
[51:47] not had any issues with the c
[51:48] block, says their neighbor,
[51:51] which has been operational for
[51:52] 8 years. That letter is in
[52:00] tab. 26. Tab. 55 is a no-win
[52:01] grows for this specific area
[52:01] which shows the wind is moving
[52:04] away from the school Epsilon
[52:07] also noted at the time of the
[52:07] sound readings in Indianapolis
[52:11] and tab. 63 63 that the wind
[52:11] at that time of those readings
[52:12] was also traveling away from
[52:16] the school. Dc blocks can
[52:17] provide a more positive
[52:18] experience for the school as a
[52:19] neighbor compared to other. I
[52:22] 3 uses allowed by right? You
[52:24] can look tab. 44, for
[52:27] comparison chart of those.
[52:28] Some of the benefits
[52:29] highlighted in the trip memo
[52:32] and tab. 43 show up to an 80%
[52:34] reduction in traffic, which
[52:35] means less Chuck diesel
[52:38] exhaust less beef being
[52:38] manufacturing waste and
[52:42] emissions. 9 members from the
[52:44] school. In addition to 4
[52:45] members from the Warren
[52:46] Township school board have
[52:47] traveled to Atlanta to see
[52:49] building one. We've added
[52:50] additional commitments for the
[52:51] school. And we've even added
[52:52] them as an entity that can
[52:53] directly enforced the
[52:56] commitments. Here is the full
[52:57] build out rendering which
[53:02] shows additional green space.
[53:03] The next slide is I use I 3
[53:06] uses allowed by right today.
[53:08] This next slide shows a number
[53:09] of reasons why the approval of
[53:10] this variance would benefit
[53:12] the community over those
[53:15] existing. I 3 uses allowed by
[53:15] right, including that data
[53:17] center projects like this have
[53:18] little traffic but high wages
[53:22] and high assessed value dc
[53:23] Black says a more
[53:24] environmentally friendly use
[53:25] than many of those uses on the
[53:26] Isle 3 list, which is
[53:29] supported by our environmental
[53:32] expert reports in tabs. 51 for
[53:33] 59. Tara Kind is here with us
[53:34] today. If you'd like to ask
[53:37] them any questions. But it is
[53:38] worth noting that we would be
[53:39] applying for the smallest air
[53:43] permit that item offers and we
[53:44] have plans to only use one 4th
[53:46] of the smallest air permit due
[53:47] to the restrictions that we've
[53:50] placed on the generators.
[53:53] We're excited to be joined
[53:56] today by trades men and women
[53:58] here today and the Central
[54:00] Indiana building trades to
[54:01] assist with this 2 billion
[54:02] dollar project. And I will let
[54:06] John say a few words. Please
[54:07] introduce yourself your
[54:08] address and have you been duly
[54:13] sworn? Jon 18? 28 North
[54:14] Meridian Street. Kind of. Yes,
[54:15] I have been duly sworn. Thank
[54:18] you, Mr, welcome. All right.
[54:19] PRESIDENT And executive
[54:19] director of the Central
[54:21] Indiana Building Trades
[54:22] Council probably representing
[54:23] over 35,000 men and Women of
[54:24] the Union construction
[54:26] industry here in Indianapolis.
[54:26] We are pleased to announce
[54:29] that we have executed and
[54:30] signed a project labor
[54:31] agreement for this project.
[54:39] Thank you. Thank you, MR.
[54:41] Please incorporate our robust
[54:42] findings of fact and tap 33
[54:43] and include the exhibit book
[54:43] in its entirety into the
[54:45] record. We are in full
[54:47] agreement. But the staff
[54:48] report and would draw your
[54:49] attention to the fact that
[54:50] this parcel is also in an
[54:51] industrial reserve, which
[54:51] means it's prime for
[54:55] industrial development. The
[54:57] unit excite with access to
[54:59] fiber for an edge. No facility
[55:00] to be adequately located. The
[55:02] site is just below utility
[55:05] easement with an a substation.
[55:06] The data center would generate
[55:08] fewer trips list, daily
[55:10] activity less visual impact
[55:11] than the other I 3 uses as
[55:15] outlined in the traffic memo.
[55:17] 2 certified independent
[55:18] Indiana appraisers have
[55:18] confirmed that the surrounding
[55:19] property values will not be
[55:21] affected in a substantially
[55:22] adverse manner. The full
[55:25] report can be found in tabs.
[55:27] 47 48 along with a consistent
[55:27] George Mason University study
[55:30] and tab. 49 is here with us
[55:32] today. If you have any
[55:34] questions, the next slides
[55:37] show, the robust commitments
[55:39] dc Box has agreed to pay for
[55:41] infrastructure generation
[55:41] transmission and distribution.
[55:42] So these costs are not passed
[55:46] on to local customers, dc
[55:46] boxes also. And this is this.
[55:49] A big has committed to using
[55:51] green. Our through Nas Offset
[55:52] Program, which was important
[55:53] to counselor Nielsen
[55:55] constituents in the
[55:57] neighboring district. You can
[55:58] see more energy information
[56:00] and tab 73 through 85 that
[56:02] show other utilities in
[56:04] Indiana, including a U.S. Have
[56:06] projected savings and or rate
[56:07] decreases due to data center
[56:08] load offsetting residential
[56:11] customer burden. This project
[56:12] will use both waterless
[56:14] cooling and a closed loop
[56:16] system. This project at full
[56:18] build out is proposed to use
[56:20] less water. Then a single
[56:21] restaurant. More information
[56:26] can be found in tabs. 56 58.
[56:27] The next side. You can see a
[56:29] view of the Penske trail
[56:31] showing the berm and the
[56:32] landscaping on top of the berm
[56:34] is a double staggered. Rove
[56:36] evergreen trees. We've worked
[56:37] closely with District
[56:38] Councilor and other councilors
[56:39] staff, the neighborhood on
[56:40] additional commitments. We've
[56:41] inspected the generators in
[56:43] Atlanta and Birmingham on
[56:43] every tour. The generators are
[56:47] housed. And only run during
[56:50] outages are testing testing.
[56:51] Times are consistent with what
[56:53] staff requires. Only annual
[56:54] know annual test during school
[56:55] session. Dc boxes also
[56:57] committed to using diesel
[56:58] particulate filters which kept
[56:59] or 95% of the particulate
[57:03] emissions. Epsilon expert
[57:03] engineer is here with us
[57:05] today. If you have questions,
[57:08] we have 3 sound studies at
[57:09] Thunderbird and the building
[57:10] in Atlanta, which is the same
[57:11] as building one. There's a
[57:13] commitment for sound study
[57:13] when the equipment is selected
[57:15] to guarantee 65 db at the
[57:17] property line. And we also
[57:19] added a commitment to address
[57:20] low frequency, which we know
[57:21] is important to a number of
[57:24] commissioners. We've addressed
[57:25] the lighting mitigation, the
[57:26] closest residential home is
[57:30] over 743 feet away. There's a
[57:31] decommissioning plan per
[57:32] counselor Nielsen's and
[57:35] unnerving 10 request we've met
[57:38] last week with trail users in
[57:39] a project supporter during who
[57:41] has great ideas for pedestrian
[57:43] connectivity. We thank her in
[57:45] the community for bringing
[57:47] project facts by knocking on
[57:49] over 3,000 doors. Our list of
[57:50] supporters he's seen
[57:52] continuous growth through
[57:54] education. Today, we're joined
[57:56] by supporters, neighbors that
[57:57] rates experts and members of
[57:58] the project team, which can be
[58:03] seen on the screen. To close
[58:04] dc Blocks has made project
[58:05] reductions they've committed
[58:07] to pay for energy is a closed
[58:09] loop system or water list
[58:10] system provide a significant
[58:12] buffer. We've addressed sound
[58:13] the plan of operation clearly
[58:15] shows the intensity of this
[58:17] proposed useful not be
[58:18] increase compared to the
[58:20] permitted uses. There will not
[58:21] be a substantial deviation
[58:22] from care in the neighborhood
[58:24] character than the permitted
[58:27] uses. The property is uniquely
[58:28] suited for high capacity
[58:30] electric infrastructure due to
[58:31] its proximity of the 2
[58:33] facilities and the fiber
[58:36] network strict application
[58:37] creates an unusual or
[58:38] unnecessary hardship because
[58:39] data centers are not expressly
[58:41] permitted in any district
[58:43] under the zoning ordinance and
[58:44] staff feedback. The proposed
[58:45] data center cannot proceed
[58:46] despite the fact that it's
[58:49] zone for medium industrial and
[58:52] provides commitments. For
[58:53] safeguards for the adjacent
[58:54] properties and the broader
[58:55] community, the hardship arises
[58:56] from the ordinance failure to
[58:59] address the use, not from any
[59:01] action of the current owner.
[59:03] Petitioner. Moreover, the
[59:05] property has been vacant for
[59:06] 20 years. Strict enforcement
[59:07] of the ordinance result in
[59:10] significant economic injury by
[59:10] preventing development that is
[59:11] otherwise appropriate for the
[59:13] infrastructure and the zoning.
[59:15] Our petition also aligns with
[59:16] the comp plan and our entire
[59:18] team is available for
[59:19] questions. I would I should
[59:22] have made a note. The only
[59:22] correction from the staff
[59:24] report is we have increased
[59:27] the jobs from 17 to 21. And so
[59:34] that's an update. We time's
[59:35] members of the commission
[59:36] questions for the petitioner.
[59:38] Plus. Councilor place that
[59:44] podium. So I to question
[59:47] counselor get go, did I
[59:51] understand correctly said the
[59:52] distance from the protected
[59:52] district or the school is
[59:56] approximately 800 feet 117
[59:58] feet from the building and
[59:59] then the generator sit behind
[1:00:03] that building. And then what
[1:00:04] did you say about low
[1:00:08] frequency? We if you look at.
[1:00:11] 35.
[1:00:21] It and certain tab, 30 And
[1:00:24] then if you go to Page 6.
[1:00:34] Page, 3 of us, 11 under With
[1:00:37] ups. So we did a sound study
[1:00:38] to get ambient sound, which is
[1:00:39] in your binder for the
[1:00:43] Thunderbird Commerce Center.
[1:00:45] We also did Epsilon did a
[1:00:46] review to make sure that when
[1:00:47] we committed to our original
[1:00:50] commit was still is 65 db at
[1:00:52] the property line. We had ups
[1:00:53] do a review of that. Not with
[1:00:54] the specific specifications of
[1:00:58] the equipment, but Ken 65 be
[1:00:58] achieved. And so that's that's
[1:01:00] study one. And that's in your
[1:01:01] binder. Study to is the
[1:01:03] ambient noise from the
[1:01:04] Thunderbird Commerce Center.
[1:01:06] So we know what's happening
[1:01:08] right now. Now as part of
[1:01:09] discussion with the school and
[1:01:10] and other community members
[1:01:14] is, you know, what are they
[1:01:15] hearing now and what will they
[1:01:15] here in dc boxes here? So we
[1:01:19] we did that say the 3rd study.
[1:01:21] Was building. One is
[1:01:24] operational in Atlanta East.
[1:01:24] And so we did a study of that
[1:01:27] building. And provided that to
[1:01:31] you as well. The force sound
[1:01:32] study that will come after the
[1:01:37] equipment is picked will be
[1:01:38] specific to that equipment,
[1:01:40] making sure that that
[1:01:40] equipment is not producing any
[1:01:44] sort of noise. That's louder
[1:01:46] than 65 at the property line.
[1:01:49] What we added to that study
[1:01:52] was addressing low-frequency
[1:01:54] noise. So I know when you all
[1:01:55] discussed your guardrails, you
[1:01:58] had some discussions about a
[1:02:01] specific number of dbc. The
[1:02:04] issue with that is the
[1:02:07] community's goals and dc block
[1:02:09] schools. Our to not have low
[1:02:10] frequency. Be an issue, right?
[1:02:12] No one wants to be to serve dc
[1:02:12] boxes and want to disturb
[1:02:13] anyone. The neighbors don't
[1:02:14] want to be dysart's. We have
[1:02:15] to find a way to accomplish
[1:02:20] that. So the issue when you
[1:02:22] you guys talked about that
[1:02:23] variant, that Delta and what
[1:02:25] happens at that Delta. The
[1:02:29] issue is if you pick. A
[1:02:33] specific number Epsilon can
[1:02:34] come up to anything I say. I'm
[1:02:35] just a layperson when it come
[1:02:38] when it comes to sound. We
[1:02:40] didn't think that would
[1:02:42] achieve Sagal. And so picking
[1:02:43] a number wouldn't presume
[1:02:44] produce the results that dc
[1:02:45] Box once in the community
[1:02:49] wants. But what can produce
[1:02:51] that result is sound
[1:02:52] engineering to address low
[1:02:53] frequency. And so what we
[1:02:55] committed to do first. Have
[1:03:01] the sound study. Look at
[1:03:02] low-frequency week.
[1:03:03] Unpredicted off of those
[1:03:05] specific equipment items and
[1:03:07] make sure that it's designed
[1:03:09] and engineered appropriately
[1:03:11] not to cause low frequency
[1:03:13] issues. It's important to know
[1:03:14] dc boxes built these
[1:03:16] buildings. So we know they
[1:03:18] haven't had any luck frequency
[1:03:18] issues at their facilities. We
[1:03:20] don't want them to have any in
[1:03:21] the future. And we know we can
[1:03:23] accomplish this through
[1:03:25] engineering, but we went one
[1:03:27] step further. We said we'd
[1:03:28] summit the message to the
[1:03:31] administrator and then we also
[1:03:32] went one step further than
[1:03:35] that. And we. Said we would do
[1:03:37] an annual tests which gets
[1:03:38] submitted to the District
[1:03:39] Councilor and the
[1:03:41] administrator. And so let's
[1:03:42] say something funky happens
[1:03:45] with the equipment in year 5.
[1:03:47] There's an annual test every
[1:03:48] year to make sure that that
[1:03:51] low frequency is performing
[1:03:53] the way that it should in
[1:03:57] relation to va dbc. So that
[1:03:59] was the way we tackle that to
[1:04:00] address community members. We
[1:04:02] did get feedback there on file
[1:04:09] with Kathleen one of the known
[1:04:11] for Montz for data centers who
[1:04:13] excellent work to get into
[1:04:15] these issues. Emailed us just
[1:04:17] yesterday and said she was
[1:04:17] satisfied with our commitment
[1:04:21] and our how we address
[1:04:22] low-frequency here. And that's
[1:04:26] the I I I I I not right that.
[1:04:30] Yes, I e e I and then I and
[1:04:36] then I I 3. Yeah. Other
[1:04:36] questions. Members of the
[1:04:37] Commission Commissioner
[1:04:38] Wesley, everything yes,
[1:04:46] please. And do In the report
[1:04:52] in 62. Page, 2 of 3 at the
[1:04:55] bottom. The conclusion is that
[1:04:58] 65 dba is realistic. As a goal
[1:05:01] to be met and youth. So it is
[1:05:06] much yes in your discussion.
[1:05:10] Under 10, I'm 60. About
[1:05:16] halfway back. You go. Grants.
[1:05:22] Db. Want access some times and
[1:05:29] dates or the x axis. You've
[1:05:29] published dba and bbc results
[1:05:34] and others as well. Those are
[1:05:37] from the Atlanta project. And
[1:05:38] they do show that you're in
[1:05:40] compliance there with a 65 db.
[1:05:44] A. Limit. You're under that
[1:05:49] limit. That's the red line.
[1:05:57] The Line. Is the bc. And it
[1:05:58] shows that you'd be under 80
[1:06:06] db, a limit. And I understand
[1:06:07] you're not going to
[1:06:08] necessarily put a number to it
[1:06:11] because it's just tricky was
[1:06:12] bbc and it can be cite
[1:06:13] specific or can be
[1:06:14] resonant frequencies, Cree
[1:06:19] both. But where the rubber
[1:06:20] meets the road is and you said
[1:06:22] it very well. You don't want
[1:06:24] to do something bad in the
[1:06:24] neighborhood. Don't want to
[1:06:25] have little effect in the
[1:06:27] neighborhood. Would there be a
[1:06:31] way? To describe a no result
[1:06:34] and a remedy? In particular,
[1:06:38] possibly with the school. And
[1:06:41] have the number be a hidden To
[1:06:43] avoid any frivolous complaint.
[1:06:49] Here's the idea. If the low
[1:06:51] frequency but you're emitting
[1:06:51] causes going causes any
[1:06:58] complaint. With Steph?
[1:06:59] Teachers, students at the
[1:06:59] school of glasses rarely are.
[1:07:05] Choppers are rattling. If it's
[1:07:07] above a number, could be 85
[1:07:09] dba some ceiling. Both things
[1:07:10] were true. Then you'd be there
[1:07:16] to address it and probably the
[1:07:16] best way to address that at
[1:07:17] that point would be dirt or
[1:07:25] concrete. At that location.
[1:07:26] And we could even back up one
[1:07:28] step and say, have you had to
[1:07:30] comply with bbc requirements
[1:07:32] in other parts of the country.
[1:07:33] Is this a thing going on in
[1:07:37] other parts of the country?
[1:07:38] Know the answer to that. Your
[1:07:40] last question is no. And
[1:07:41] that's why it took us some
[1:07:45] time to work with Epsilon to
[1:07:45] better understand kind of how
[1:07:46] to measure this and try and
[1:07:49] track the sun include can give
[1:07:53] some comments. We were. Your
[1:07:54] idea is one way to look at it,
[1:07:59] we had looked at discrete
[1:08:00] tones and other ways to
[1:08:01] address it. And so that's why
[1:08:02] we made these commitments
[1:08:03] because we think there are
[1:08:06] multiple ways to address it.
[1:08:08] Do I understand that you have
[1:08:14] a specific Of a maybe just
[1:08:17] wondering what can be offered.
[1:08:18] To guard against a low
[1:08:33] frequency problem.
[1:08:52] And let you
[1:08:53] hear from London in just
[1:08:56] minute. If you have questions.
[1:09:01] Your your point well taken. I
[1:09:03] think what we could to to
[1:09:04] address that is we so we right
[1:09:06] now we have an annual sound
[1:09:09] study which will done to
[1:09:11] address and reported out. And
[1:09:12] we're we're one of our
[1:09:13] commitment is also a website
[1:09:14] going forward, right? We've
[1:09:17] been asked to keep our Web
[1:09:18] site operational so that the
[1:09:20] community can continue to find
[1:09:21] documents not to go trace
[1:09:24] chasing down everywhere. What
[1:09:26] I think we could do to address
[1:09:27] your commitment is agree. If
[1:09:31] we do get a complaint to do an
[1:09:32] additional sound study within
[1:09:34] so many. Days or months or
[1:09:39] whatever. Want to cap that at
[1:09:41] probably not more than 2 sound
[1:09:42] studies per year. They
[1:09:42] equipment's not changing,
[1:09:45] right. And so what you find at
[1:09:49] least twice a year you find
[1:09:49] out. But I think that would
[1:09:54] help guard against frivolous
[1:09:55] complaints, but also
[1:09:56] reactionary to any sort of
[1:09:59] concerns that we would see if
[1:10:00] it's that would satisfy your
[1:10:01] question. We'd be happy to
[1:10:04] amend the commitments to add
[1:10:05] an additional sound say. The
[1:10:05] other thing I would point out
[1:10:12] is we've added that the war,
[1:10:13] the District Councilor the
[1:10:14] Warren Township Development
[1:10:17] Association and the Irvington
[1:10:18] schools are enforcing bodies
[1:10:20] in the commitments as well. So
[1:10:21] we've given them additional
[1:10:27] protections there as well.
[1:10:28] With the same study include
[1:10:28] the church such as we seeing
[1:10:36] him. Temp 60. Please introduce
[1:10:37] yourself, sir. Yeah, good
[1:10:40] afternoon, Clints year. A lot
[1:10:43] to so see. It's from 3 Millon
[1:10:43] main place suite 2.50,
[1:10:45] Maynard, Massachusetts, 0, 1,
[1:10:48] 7, 5, 4, where you do sworn
[1:10:52] in. Thank you for seeing. To
[1:10:53] answer the question, the
[1:10:55] details of how the
[1:10:56] post-construction sound study
[1:10:56] have not been ironed out yet,
[1:10:57] but that's something that I
[1:11:02] would work with dc blocks on
[1:11:03] putting together. So depending
[1:11:05] on how that studies conducted,
[1:11:08] it would kind of impact what's
[1:11:09] presented, for instance, if
[1:11:11] the measurements are are short
[1:11:14] in duration, we're unlikely to
[1:11:15] present to a plot of that
[1:11:16] data. But if it's over a
[1:11:17] longer duration than it makes
[1:11:18] more sense to show it as a
[1:11:18] plot like you have in front of
[1:11:26] you. When you see duration,
[1:11:27] you're not talking about the
[1:11:28] fast or slow scale. You're
[1:11:31] talking about over weeks or
[1:11:32] months, correct. Time duration
[1:11:37] of the South measurement.
[1:11:37] Weather. That's 20 minutes.
[1:11:42] One hour. Boys is not an exact
[1:11:44] science just offering new be
[1:11:48] able offer something take care
[1:11:48] of the school. I don't think
[1:11:49] that's responsive, though. But
[1:11:51] that's okay.
[1:12:00] And please, thank you. We're
[1:12:03] happy to offer the exact same
[1:12:04] study it. The methodology is
[1:12:06] approved by the administrator.
[1:12:07] And so we're happy to provide
[1:12:08] the exact same state. That's
[1:12:11] not an issue at all. Cancer.
[1:12:14] Please come back. So you're
[1:12:17] going to make a commitment.
[1:12:18] Kathleen, that you're gonna
[1:12:20] provide the study to staff?
[1:12:23] Kathleen, you get with that's
[1:12:24] that's in the commitments as
[1:12:27] they right now. Yes, thank
[1:12:31] Commissioner else. That's all
[1:12:32] for the moment. Thank you,
[1:12:34] PRESIDENT On. Yes,
[1:12:35] Commissioner Murray. I just
[1:12:36] want clarify that on the
[1:12:37] committee. You're going to
[1:12:39] amplify that that you would
[1:12:40] conduct a sound study upon
[1:12:45] receipt of a complaint.
[1:12:46] However, you would not conduct
[1:12:47] more than 2 sound studies per
[1:12:55] annum. Yes, upon studies. Take
[1:13:00] time. So we. We could commit
[1:13:01] that upon a noise complaint,
[1:13:02] we could have a sound study
[1:13:06] back within 2 months and we
[1:13:07] would cap the number of annual
[1:13:08] study Stone studies to no more
[1:13:12] than 2 per year. And steps.
[1:13:14] Make a note of that
[1:13:15] commitment. Yes, I am. Thank
[1:13:19] you. Thank you. Commissioners.
[1:13:20] Additional questions
[1:13:25] yesterday. PRESIDENT Don't I
[1:13:25] really appreciate the
[1:13:26] conversation about the
[1:13:30] decommissioning plan. I think
[1:13:32] that was amiss in the form of
[1:13:33] forward this the on plant that
[1:13:37] was exhausted in 2007. In
[1:13:38] addition to the plan, other
[1:13:41] decommissioning plan dollars
[1:13:42] that will be allocated towards
[1:13:45] what happens if when distant
[1:13:46] point in the future. Should
[1:13:48] this project be successful
[1:13:49] that the community wouldn't be
[1:13:50] left with a shell of a
[1:13:51] building like they were the
[1:13:53] last time.
[1:14:02] Commissioner. That's something
[1:14:03] that we have have looked at.
[1:14:07] There is. The land is
[1:14:10] valuable. The building will be
[1:14:11] after our decommissioning plan
[1:14:13] is is executed. The building
[1:14:16] would be left as a concrete
[1:14:17] industrial shell, which also
[1:14:20] would be valuable. We had some
[1:14:23] direct feedback, some from
[1:14:25] some neighbors in in Irvington
[1:14:27] that that agreed to that
[1:14:28] they're asked in it. Take us
[1:14:32] as far as demolition because
[1:14:34] of the value that that could
[1:14:37] be maintained with that. And
[1:14:43] so not concerned
[1:14:51] the impact. There's there's no
[1:14:53] bond it. There's no Lake City
[1:14:54] bond on this project as some
[1:14:55] of the other concerns. I think
[1:14:57] for other projects have then
[1:15:03] we also did look into.
[1:15:06] Specific bonds, we came to the
[1:15:09] conclusion that this is
[1:15:12] outside the norm for.
[1:15:17] Industrial type projects and
[1:15:18] that money is used for this
[1:15:20] purpose would be better served
[1:15:21] in the indirectly in the
[1:15:22] community, providing real
[1:15:24] economic impact. There. I
[1:15:25] mean, I think there's
[1:15:26] something to be said for what
[1:15:27] happens in the present term.
[1:15:29] But as we know, things are
[1:15:32] going to and people at one
[1:15:33] point in time did never think
[1:15:34] that we would make sell fewer
[1:15:37] cars. But we do. And
[1:15:38] therefore, the plant that was
[1:15:40] there is no longer there. And
[1:15:41] the building has sat vacant
[1:15:44] for 25 years. So being that
[1:15:46] things change removing already
[1:15:48] fit fast enough into quantum
[1:15:50] computing and it's going to
[1:15:51] change the nature of data
[1:15:52] centers as the existence of
[1:15:54] there being planned. Now. So
[1:15:55] I'm asking in the
[1:15:58] decommissioning plan that
[1:15:59] didn't happen before, which I
[1:16:02] think is a really good step
[1:16:03] forward. If there can be a
[1:16:04] conversation of allocation of
[1:16:07] dollars. So that if the
[1:16:08] community is not left burdened
[1:16:10] by something that it doesn't
[1:16:11] use at any point in the
[1:16:25] future.
[1:16:48] Marked a sea. The sea
[1:16:50] blocks on the chief
[1:16:50] development officer address
[1:16:55] 10, 40 Crown Point Plaza the
[1:16:56] land letter, Georgia through
[1:16:57] 3, 3, 8, have even do the
[1:17:00] think you go ahead. Yeah.
[1:17:01] These are long-term assets.
[1:17:03] These these buildings are
[1:17:03] built a precast, concrete
[1:17:06] insulated, precast concrete.
[1:17:07] These have 8200 your life
[1:17:11] spans for for the building. If
[1:17:12] we were never if someone were
[1:17:12] to ever been in this project
[1:17:18] is likely won't be there. This
[1:17:19] building would serve.
[1:17:21] Multitude of uses for
[1:17:22] additional manufacturing. In
[1:17:26] addition, the successor.
[1:17:26] Perhaps not want to pay
[1:17:27] property taxes on the
[1:17:27] structure so they would
[1:17:30] probably demolish a building.
[1:17:31] What we focused on a nerdy
[1:17:32] commission was to remove any
[1:17:33] contaminants, anything that
[1:17:36] would harm the environment.
[1:17:38] Batteries, fuel things of that
[1:17:39] nature. But the structure is a
[1:17:42] is is is a is a robust
[1:17:43] structure that could serve a
[1:17:45] multitude industrial uses for.
[1:17:50] All of our lifetimes. Does
[1:17:53] that help at all? I think what
[1:17:54] the commissioners asking and
[1:17:54] correct me I'm wrong, we want
[1:17:55] a commitment that you're going
[1:18:00] to budget. Budget in your in
[1:18:04] your ongoing pro forma in the
[1:18:04] event that this happens, that
[1:18:06] there's funds that we can see.
[1:18:08] I think that's inappropriate.
[1:18:09] Does that make sense to your
[1:18:15] guests are inappropriate
[1:18:16] commitment, counselor that
[1:18:17] they need to make the staff
[1:18:18] for for the environmental
[1:18:19] abatement for the
[1:18:20] environmental protections that
[1:18:21] we're talking about. Is that
[1:18:22] correct? I just want make sure
[1:18:25] we're not. Acts of the ladies
[1:18:28] and gentleman. My question for
[1:18:29] were and staff feel free to
[1:18:31] comment this will be an
[1:18:33] ongoing subject of
[1:18:35] conversation. I'm sure But
[1:18:36] again, back to the nature of
[1:18:37] where the project is. It
[1:18:39] already was an industrial
[1:18:40] facility, but it had a life
[1:18:40] span that they thought was
[1:18:43] never going to end. And it
[1:18:45] did. And it set vacant for 25
[1:18:47] years being unproductive. It's
[1:18:49] going to happen again.
[1:18:50] Regardless of what the
[1:18:51] building is made of. And so
[1:18:54] I'm asking just as much as we
[1:18:54] prepare for infrastructure,
[1:18:57] like training bridges and
[1:18:58] railroad bridges and car
[1:18:59] bridges that they don't last
[1:19:00] forever. The city has to
[1:19:01] budget dollars and the
[1:19:03] PRESIDENT To make sure that
[1:19:03] their dollars in the future
[1:19:06] when the think laps. So I'm
[1:19:08] asking what agreement can be
[1:19:10] made now for structures like
[1:19:11] this, because this is such a
[1:19:12] new type of project and we
[1:19:13] know things are going to
[1:19:24] change. We'll agree to budget
[1:19:25] annual reserves for that
[1:19:26] purpose reduce it to a written
[1:19:33] commitment. Kathleen, you got
[1:19:37] Commissioner. Yeah, that I
[1:19:37] think I think you present
[1:19:38] don't I've a question on that.
[1:19:39] Just smile Murphy, Michael
[1:19:43] medications answer from a
[1:19:45] construction standpoint. These
[1:19:46] structures are some are told
[1:19:49] concrete panel similar too.
[1:19:51] And Amazon Distribution Center
[1:19:52] warehouse in their
[1:19:55] construction. That correct?
[1:19:57] These would all likely be the
[1:19:58] precast panels, structural
[1:20:02] precast panels with
[1:20:03] insulation. So even superior
[1:20:05] tilt up a situation, ok? That
[1:20:06] generally similar to those
[1:20:10] type of distribution center
[1:20:11] where houses much more robust,
[1:20:12] so much that robotics for the
[1:20:13] security for the environment,
[1:20:14] containment, for the for the
[1:20:15] for the efficiency of the
[1:20:17] building. And we have dozens,
[1:20:18] if not, maybe hundreds of such
[1:20:19] structures in Marion County, I
[1:20:26] believe. I'm asking staff. We
[1:20:26] require a decommissioning plan
[1:20:27] of all of those warehouse
[1:20:31] structures in Marin County.
[1:20:34] I'm I'm not aware of
[1:20:34] decommissioning All those. I'm
[1:20:36] not either not confident we
[1:20:39] don't. And so I appreciate
[1:20:40] your offer and it will put in
[1:20:43] the record. I understand your
[1:20:47] point that. Planning to tear
[1:20:47] these down doesn't make a lot
[1:20:48] of sense. However, funding
[1:20:50] that. He's maybe not
[1:20:56] unreasonable. Thank you.
[1:20:57] Additional questions from
[1:21:05] members of the commission.
[1:21:05] Thank you. Please be prepared
[1:21:08] for your 5 minute rebuttal.
[1:21:08] With a reminds traders come
[1:21:14] forward. And I have a
[1:21:14] question. Where is Alexander
[1:21:20] from IPs? My name is
[1:21:21] Alexandra. In tourney at 85
[1:21:23] 10, every mother was and are.
[1:21:27] She left? Would you please let
[1:21:28] her know that? I asked for to
[1:21:29] come up as on straighter
[1:21:30] because I wanted to hear what
[1:21:32] she had to say. In the reminds
[1:21:36] training period. Didn't know
[1:21:37] her points. I don't know her.
[1:21:38] But if I see, I absolutely
[1:21:41] will. Thank you very much.
[1:21:42] Honors. I do appreciate your
[1:21:44] time. I'm not members of the
[1:21:44] on stretchers. You have 15
[1:21:46] minutes. Your honors. I
[1:21:50] introduce yourself. My name is
[1:21:52] Alexandra Kurland. I represent
[1:21:52] a community schools and you
[1:21:56] have been sworn in and your
[1:21:56] honor. I have not been sworn
[1:21:58] in because I am not going to
[1:21:59] talk. I'm going to introduce
[1:21:59] the board members who are
[1:22:01] going to talk as they are the
[1:22:01] ones who live in the Irvington
[1:22:03] Conchita and sworn in I think
[1:22:06] you please and it is. So I'm
[1:22:07] going to introduce Heather,
[1:22:09] Audrey Nancy do set the clock.
[1:22:11] Please. If she's going, she's
[1:22:14] the board of PRESIDENT Of the
[1:22:14] board and then on Frida and as
[1:22:16] well as Eric Serrano, who are
[1:22:17] 3 board members who live in
[1:22:18] Irvington. And we're going to
[1:22:20] talk to say thank you. Each
[1:22:21] individual, introduce yourself
[1:22:22] and still many you've been
[1:22:26] sworn in. Good afternoon,
[1:22:28] commissioners. My name is
[1:22:29] Heather Rodriguez. I am the
[1:22:29] board chair for every 10
[1:22:30] community schools and I have
[1:22:34] been sworn in. Thank you. If
[1:22:35] you're what's your address?
[1:22:40] Heather? Our address, but
[1:22:43] sorry is 57 51 East University
[1:22:43] Avenue, Indianapolis, Indiana,
[1:22:49] for 60. When go. Thank you. I
[1:22:50] as mentioned I have to my
[1:22:52] colleagues who will be
[1:22:53] speaking along with Our
[1:22:54] elementary schools said
[1:22:55] immediately next to the
[1:22:56] property that dc Blocks is
[1:23:00] asking to develop our
[1:23:01] students. Our families and our
[1:23:01] staff are the closest
[1:23:04] neighbors. This project has
[1:23:05] Irvington Community schools is
[1:23:09] the appellate here. We filed
[1:23:09] our uphill on time and our
[1:23:12] position has not changed. I
[1:23:13] also want to be direct about
[1:23:15] something that is public as
[1:23:18] mentioned already today,
[1:23:20] members of our board and
[1:23:21] leadership recently toured ec
[1:23:24] boxes, Atlanta facility. That
[1:23:25] was a fact-finding mission and
[1:23:28] nothing else. We accepted no
[1:23:29] funds, no guests and no
[1:23:32] promises of any kind. It was
[1:23:33] not an endorsement being
[1:23:34] informed as part of our duty
[1:23:38] to our students. The building
[1:23:40] I see us all was only 30%
[1:23:41] complete. The construction
[1:23:41] included drilling into a
[1:23:43] mountain that was so loud that
[1:23:46] even the generators could not
[1:23:48] be heard. Even the ICs went to
[1:23:50] Atlanta. We were unable to
[1:23:51] discover any meaningful facts
[1:23:55] during that trip. What what we
[1:23:56] ask the commission to hold on
[1:23:58] to is this that burden and a
[1:24:01] use variance is not on us. It
[1:24:02] is on dc blocks and it is
[1:24:06] heavy. My colleagues will walk
[1:24:06] through the 5 findings. The
[1:24:09] applicant must approve and why
[1:24:14] on this record, it cannot.
[1:24:15] Please introduce yourself your
[1:24:16] address and have you been
[1:24:17] sworn? And then a certain
[1:24:23] place. Ericsson around. Sir,
[1:24:25] my name is Eric Serrano. I
[1:24:27] have been sworn my under says
[1:24:28] 51st 7.51 East University
[1:24:32] Avenue going to be Is a
[1:24:34] mention my name is Eric
[1:24:35] Serrano. I'm a member of the
[1:24:36] Irvington community and the
[1:24:36] chief information officer of
[1:24:38] the Jane Pauley Community
[1:24:40] Health Center located on the
[1:24:41] East side of Indianapolis Step
[1:24:42] provides care to over 60,000
[1:24:44] local residents, mostly
[1:24:46] children and a member of
[1:24:46] government and community
[1:24:50] Schools Board of Governors.
[1:24:51] Want to start the standard
[1:24:51] because it frames everything.
[1:24:53] State law does not ask. But
[1:24:54] this project improves the site
[1:24:56] or whether it is a nicer than
[1:24:57] a warehouse to grant a
[1:24:58] variance. The commission fined
[1:25:00] in writing that dc boxes all
[1:25:01] 5, the required findings. The
[1:25:04] burns entirely an applicant.
[1:25:05] And if even one fighting feels
[1:25:05] the variance cannot and should
[1:25:06] not be granted, I address the
[1:25:10] first 2. Want to be fair, but
[1:25:11] what has changed because you
[1:25:12] are here and have heard a
[1:25:13] great deal about in the last 2
[1:25:15] weeks. The applicant reduced
[1:25:16] their plan from 3 buildings
[1:25:18] after 2, they brought the
[1:25:19] power usage down from 78 to 15
[1:25:21] and for the first time mention
[1:25:24] the school at all. Those are
[1:25:26] real changes and we won't
[1:25:26] dismiss them. But a smaller
[1:25:28] version of the wrong use in
[1:25:29] the wrong proceeding is still
[1:25:32] the wrong thing. And none of
[1:25:33] these changes answers findings
[1:25:33] that the law actually
[1:25:34] requires. That's what I want
[1:25:38] to show you. Finding one state
[1:25:39] of the use will not be
[1:25:41] injurious to public health and
[1:25:41] safety. The applicant cannot
[1:25:42] show that and the record its
[1:25:43] officers. You why start with
[1:25:44] the noise that we've discussed
[1:25:48] today. The sound study in the
[1:25:49] record is one of 10 megawatt
[1:25:50] building in Atlanta. One 5th,
[1:25:51] the time the size of the
[1:25:54] proposed site in Indianapolis.
[1:25:54] That study does not tell you
[1:25:56] what will happen next or
[1:25:58] school. It is the same
[1:25:58] undersized comparison.
[1:25:59] Applicant used as its
[1:26:00] Huntsville facility, which
[1:26:02] they open art conversations
[1:26:05] with. And again, just
[1:26:06] incomparable comparisons that
[1:26:10] they're trying to make.
[1:26:11] Applicant now points to a berm
[1:26:11] to landscaping, to placing
[1:26:12] building to between itself and
[1:26:14] the generators in the school.
[1:26:15] But the noise that matters
[1:26:16] here is low frequency noise
[1:26:19] and the low frequency noise is
[1:26:20] not meaningfully stopped by
[1:26:23] trees or building wall, a
[1:26:24] rebuttal in the second in the
[1:26:26] record explains exactly why.
[1:26:27] And the 65 just perfect that's
[1:26:30] been discussed today, measured
[1:26:31] at the property line has not
[1:26:34] been independently verified.
[1:26:34] When we asked we've also asked
[1:26:35] for the operating loss of the
[1:26:37] generators to know how often
[1:26:40] their run and if they're only
[1:26:41] run during emergency use, we
[1:26:42] were not provided those logs
[1:26:45] at all. You just heard minutes
[1:26:46] ago, they're asking you to
[1:26:47] take all of the noise,
[1:26:47] commitments on faith and faith
[1:26:50] alone. The harm is also
[1:26:50] understated because nothing
[1:26:51] actually limits how the site
[1:26:53] will be run. You've heard of
[1:26:55] Co multiple times edge note
[1:26:57] facility that's marketing
[1:26:59] labels. That's nothing. That
[1:26:59] doesn't mean anything that
[1:27:00] doesn't restrict anything or
[1:27:03] any use for the facility.
[1:27:04] There's no to restrict how
[1:27:05] these 86 will operate without
[1:27:05] restricting the resources that
[1:27:07] they require to operate and to
[1:27:09] fix. This is very simple. We
[1:27:11] can cap the site at 15
[1:27:12] megawatts and limit the power
[1:27:14] to any individual rocket. 15
[1:27:16] kilowatts. Most importantly,
[1:27:17] those restrictions and to be
[1:27:20] written in the commitments.
[1:27:21] Then we talk about the
[1:27:22] generators even down to 31
[1:27:25] after the proposed 55 or so
[1:27:29] diesel generators the
[1:27:29] commitments now worry that
[1:27:30] they're only allowed to use in
[1:27:32] an emergency use, but that
[1:27:32] emergencies is not clearly
[1:27:39] defined. The way it reads.
[1:27:41] Now, nothing stops from
[1:27:42] running during school day to
[1:27:45] relieve great stress for
[1:27:45] financial gain. Demand
[1:27:46] response, a peak shaving load
[1:27:47] shutting with I a s that
[1:27:51] loophole must be close to an
[1:27:51] emergency must mean an
[1:27:54] unplanned last of utility
[1:27:55] power and running for economic
[1:27:56] dispatch must be flatly
[1:27:58] prohibited in the commitments
[1:28:00] and underneath all of it, this
[1:28:01] person is a former for plant
[1:28:02] with documented arsenic and
[1:28:03] thallium contamination and
[1:28:05] under state environmental
[1:28:05] covenant and existing recorded
[1:28:08] condition. And the
[1:28:09] construction will disturb that
[1:28:10] soil right next to the
[1:28:12] children. A record like that
[1:28:12] is the opposite of a clean
[1:28:17] showing on health and safety.
[1:28:18] Finding 2 states that use and
[1:28:19] value the adjacent area will
[1:28:19] not be substantially or
[1:28:23] adversely affect him. The
[1:28:23] recommendation reviewing came
[1:28:24] out of a record that did not
[1:28:28] account for our school at all.
[1:28:29] Neither the staff report nor
[1:28:29] the hearing examiner's
[1:28:33] findings mention it one time.
[1:28:34] In the last 2 weeks, the
[1:28:35] applicant has moved building
[1:28:37] to back estimated an added
[1:28:38] setback of roughly 280 feet
[1:28:42] and welcome mat and but that
[1:28:42] setback is only estimate. It's
[1:28:44] not confirmed the writing not
[1:28:46] recorded and Africans
[1:28:46] conclusion that the site will
[1:28:48] not be a nuisance rests on the
[1:28:50] same unverified, probably
[1:28:51] look. Property line noise
[1:28:55] figures presented. 11th hour
[1:28:57] gesture toward the school does
[1:28:57] not prove the absence of
[1:29:00] adverse effect. If anything,
[1:29:01] it concedes that the effect on
[1:29:02] the school was never seriously
[1:29:03] measured in the first place
[1:29:04] earlier this week in a meeting
[1:29:07] with our school leaders, dc
[1:29:08] Box even admitted that are
[1:29:09] relevant. Sound study could
[1:29:09] not be completed before they
[1:29:12] want to break ground. I like
[1:29:13] to reiterate our ask for
[1:29:13] continuance due to the
[1:29:15] continued evolution of this
[1:29:16] project practically by the
[1:29:18] hour, I've covered to findings
[1:29:19] both of which fail on the face
[1:29:20] of the record. My colleague
[1:29:22] will take part of the other 3
[1:29:23] and that's where it continues
[1:29:27] to fall part. Thank you. Thank
[1:29:27] you, Eric. Please introduce
[1:29:28] yourself address and have you
[1:29:32] got for. My name. Is Madison
[1:29:34] Mon-fri to the address is 5,
[1:29:35] 7, 5, one East University
[1:29:39] Avenue not been sworn in. Good
[1:29:40] afternoon. Commissioners, as I
[1:29:42] said, my name is on Freedom,
[1:29:43] alumni of the school. And I
[1:29:44] also on the board. So I'll
[1:29:44] take the last 3 findings, as
[1:29:47] my colleague said, funding 3
[1:29:49] money for the variance arises
[1:29:51] from a condition killer to the
[1:29:52] properties of the law means a
[1:29:53] condition of the land itself.
[1:29:54] So we're talking shape size,
[1:29:55] typography. Not what the
[1:29:56] business want to be built on
[1:30:00] it. Bloc's does not need does
[1:30:02] not come from dc blocks needs
[1:30:04] do not come from any part to
[1:30:06] keep anything killer about.
[1:30:06] This parcel comes from its own
[1:30:07] business plan. What the data
[1:30:08] center site, there's a
[1:30:12] hardship of the land. One
[1:30:13] thing that truly killer about
[1:30:14] this property that it's
[1:30:15] contaminated. Former factory
[1:30:17] and environmental covenant is
[1:30:18] reason to be more careful
[1:30:19] about sensitive developed
[1:30:19] here. Not a reason to grant
[1:30:22] it. Funding for strict
[1:30:23] application of the ordinance
[1:30:26] should be unnecessary
[1:30:27] hardship, weight, Let go back
[1:30:28] Russia. Lyle. You talked about
[1:30:33] the commission plan. Dc when
[1:30:33] we were in Atlanta, we heard
[1:30:34] that these buildings would
[1:30:35] last 50 years and now we're
[1:30:37] being told 8200. So as my
[1:30:40] colleague said, these these
[1:30:40] information points are
[1:30:45] changing by minute. So funding
[1:30:46] for stirred up Haitian the
[1:30:46] ordinance would be an
[1:30:47] unnecessary hardship. There's
[1:30:50] no unnecessary hardship lands
[1:30:51] already. Zoned industrial has
[1:30:52] many permitted uses available
[1:30:54] today. The property can
[1:30:55] already be used when different
[1:30:56] more profitably use is not a
[1:31:00] hardship. The law recognizes
[1:31:01] is the heart of it. Dc box not
[1:31:02] asking for relief from a
[1:31:02] hardship. It's asking
[1:31:03] permanently change with this
[1:31:04] land MAY be used for. That is
[1:31:08] rezoning. Rezoning belongs
[1:31:08] before the City County Council
[1:31:10] on a full legislative record,
[1:31:12] not inside a variance
[1:31:13] proceeding, which is actually
[1:31:13] where a permanent change like
[1:31:14] this gets least amount of
[1:31:18] public accountability. Finding
[1:31:20] 5, the approval not
[1:31:22] substantially interfere with
[1:31:23] comprehensive plan. The city
[1:31:23] is right now in the middle of
[1:31:24] writing rules for this very
[1:31:27] kind of facility, moratorium
[1:31:28] and draft standards that
[1:31:29] include required buffer from
[1:31:33] schools from cap on noise.
[1:31:34] Getting experience today would
[1:31:35] leapfrog the exact protection
[1:31:36] cities in the process of
[1:31:37] adopting this interferes with
[1:31:38] the plan doesn't conform to
[1:31:43] it. So that's a 5 burden is on
[1:31:43] dc blocks to prove every one
[1:31:46] of them and it feels on each.
[1:31:47] And the recent changes do not
[1:31:50] rescue Actions are welcome,
[1:31:51] but the commitments are still
[1:31:53] in draft. Not final. Not
[1:31:55] record. It. A small project
[1:31:56] does not turn a rezoning into
[1:31:58] a variance that not carry
[1:31:59] their burden and are asking
[1:31:59] you to decide for the record
[1:32:01] is even complete. Heather will
[1:32:11] close out. Israeli introduce
[1:32:14] yourself. Okay. Yes. Hogan,
[1:32:15] Heather Rodriguez, 57 51 East
[1:32:20] University Avenue. So you have
[1:32:21] now heard by dc Blocks cannot
[1:32:22] meet the findings. Law
[1:32:25] requires. We recognize the
[1:32:26] applicant has made changes and
[1:32:28] we have set so plain fully.
[1:32:30] But what they're really asking
[1:32:32] for a permanent change to what
[1:32:33] this land MAY be used for next
[1:32:36] to an elementary school. Is a
[1:32:38] rezoning dressed up as a
[1:32:40] variance and it belongs before
[1:32:41] the City County Council with
[1:32:43] the full record, that process
[1:32:46] demands for those reasons. We
[1:32:46] respectfully ask the
[1:32:47] commission to deny the
[1:32:49] variance. And if the
[1:32:50] commission is not prepared to
[1:32:52] deny today, we ask that you
[1:32:54] not approve it on this
[1:32:56] incomplete record that you
[1:32:57] hold the matter open until the
[1:33:00] final recorded turns exist.
[1:33:01] And the school has had chair
[1:33:04] at fair Chance to review them.
[1:33:06] This is why we are asking for
[1:33:08] the continuance. Thank you for
[1:33:09] your time and your
[1:33:10] consideration all handed over
[1:33:10] to Yes, ma'am. Please
[1:33:12] introduce yourself your
[1:33:14] address. Megan Latham sworn
[1:33:17] in. My address is 6, 1, 5, 5,
[1:33:18] Oak Avenue, Indianapolis,
[1:33:19] Indiana, one 3rd of a mile
[1:33:20] away from the fan tail Drive
[1:33:23] location of even a new resort,
[1:33:24] leaving a business card at a
[1:33:24] school's front MAY. And have
[1:33:25] you been doing swan? Yes.
[1:33:29] Thank you. Go making a
[1:33:30] business card of school's
[1:33:31] front office is not meaningful
[1:33:32] outreach. And I was deeply
[1:33:33] disturbed to learn that the
[1:33:35] petitioner didn't contact the
[1:33:35] school board until after the
[1:33:37] first hearing had already
[1:33:39] passed and only under public
[1:33:42] pressure. The 5 to 11 year-old
[1:33:43] students at I c e s are the
[1:33:44] most vulnerable stakeholders
[1:33:46] involved in this proposal.
[1:33:47] Legally. There are 5 findings
[1:33:49] of fact that are relevant
[1:33:50] today. If even one fall short,
[1:33:51] the entire variance is
[1:33:53] intended to be dismissed. It's
[1:33:54] a high bar was set that way
[1:33:58] historically by design. And
[1:33:59] this petitioners inability to
[1:34:00] meet that bar is thoroughly
[1:34:01] evidence exposing critical
[1:34:02] gaps in the record that no
[1:34:03] three-ring binder is big
[1:34:07] enough to explain away. On
[1:34:07] finding one. The school board
[1:34:09] has already shared matters of
[1:34:09] concern that remain
[1:34:10] unaddressed by the petitioner
[1:34:11] and offer a brief summary of
[1:34:14] the remaining 4 as they stand
[1:34:15] on finding to the petitioners
[1:34:17] primary property value report
[1:34:18] opens with a disclaimer
[1:34:19] acknowledging its own limited
[1:34:20] basis than looks backward to
[1:34:23] determine property impacts.
[1:34:25] Despite 40% of the data center
[1:34:25] comparable is never having
[1:34:26] operated during the Integra
[1:34:29] study at all. None of the
[1:34:29] comparable Sosa brownfield
[1:34:33] with an active erc, an active
[1:34:33] item investigation regarding
[1:34:34] evidence, public exposure
[1:34:37] pathways to carcinogens. Vinyl
[1:34:38] chloride migrating toward a
[1:34:40] public greenway in elementary
[1:34:41] school through the
[1:34:43] contaminated groundwater. But
[1:34:46] nice The second property value
[1:34:47] report from echoes the framing
[1:34:48] in language of the petitioners
[1:34:50] on council closely enough that
[1:34:51] it seriously raises questions
[1:34:54] about its independence on
[1:34:57] finding three-test peculiarity
[1:34:57] factors including sized epton
[1:34:58] access to easements described
[1:35:00] the entire Thunderbird campus.
[1:35:01] Their shared conditions of
[1:35:05] doing business at Thunderbird
[1:35:06] and Monarch Success. As a
[1:35:07] conforming I 3 use under the
[1:35:08] same conditions proved they
[1:35:09] impose no real limitations to
[1:35:13] development at all. What staff
[1:35:13] accepted as peculiar is quite
[1:35:15] literally ordinary to this
[1:35:18] park on finding for staff's
[1:35:18] hardship. Reasoning hinges on
[1:35:19] the claim that the proposed
[1:35:20] use is prohibited solely due
[1:35:24] to the absence listed land use
[1:35:26] classification. Unfortunately,
[1:35:27] that's not hardship under
[1:35:29] Indiana law. It's unknown
[1:35:30] regulatory gap that applies
[1:35:34] equally to any parcel in
[1:35:35] Marion County. Indiana
[1:35:35] precedent requires the
[1:35:36] property can't reasonably be
[1:35:38] put to any conforming use and
[1:35:39] that loss of profit never
[1:35:41] constitutes unnecessary
[1:35:42] hardship. The local developer
[1:35:43] stated on the record that
[1:35:44] plenty of other things could
[1:35:46] go here. Dc Box auto landed
[1:35:48] new wasn't zone for its
[1:35:49] purposes. Any so-called
[1:35:52] hardship has been entirely
[1:35:54] self-inflicted on finding 5.
[1:35:54] The comprehensive plan's owned
[1:35:56] this parcel from medium
[1:35:57] industrial, which is an
[1:35:58] increasingly constrained
[1:36:00] designation. And the 4.65 loop
[1:36:01] yet staff maintains data
[1:36:03] centers aligned with light
[1:36:04] industrial use. Well, also
[1:36:06] recommending approval for this
[1:36:08] one today proving I 3 parcels
[1:36:08] suited perfectly for an
[1:36:11] approved by right use and
[1:36:12] denying the opportunity to
[1:36:13] hard pressed to your base
[1:36:15] businesses that want to stay
[1:36:17] local. This is an exchange for
[1:36:20] 21 long-term jobs. Despite
[1:36:22] their efforts to show to shore
[1:36:24] up their case. Indiana and
[1:36:25] Marion County Land use Law
[1:36:25] gives this commission ample
[1:36:28] foundation to deny this today
[1:36:30] our community is reasonable to
[1:36:31] reject the stas conclusion.
[1:36:31] And we ask this commission to
[1:36:33] do the same. This petition
[1:36:34] should rightfully be denied.
[1:36:37] Thank you.
[1:36:42] Please introduce yourself
[1:36:45] address and have even do a My
[1:36:46] name is right. Steinhardt my
[1:36:50] dresses. 1, 1, 5, 3, to
[1:36:50] Newport, driving up, listening
[1:36:51] in for 6 to 3, 6. And I'm
[1:36:52] sorry, your name or more time
[1:36:52] Rice. Time hurt. Thank you.
[1:36:54] All right. My voice is very
[1:36:57] dry and I have been sworn in.
[1:36:59] So speaking more to counselor
[1:37:00] Lyles Point. I think that this
[1:37:02] entire setup edge, you know,
[1:37:04] that for hyper Scalers could
[1:37:06] turn us into the ai version of
[1:37:08] Detroit within a few years
[1:37:09] that they will just leave us
[1:37:12] out to dry. Microsoft is
[1:37:12] already paused construction of
[1:37:15] their Wisconsin data center.
[1:37:16] Google or timeline. I here's
[1:37:20] what I want you come. You get
[1:37:21] a comeback on rebuttal for 5
[1:37:21] minutes. So you and the
[1:37:23] gentleman that's in line. We'd
[1:37:26] like for you to lead and give
[1:37:26] your comments as we come back
[1:37:27] to very much. Thank you very
[1:37:31] much. Members of the City
[1:37:35] Council. Counselor heart sure
[1:37:36] district. Would you like to
[1:37:41] start? Thank Commissioner
[1:37:42] COUNCILMAN Nielsen. Please
[1:37:46] come forward. Let me State one
[1:37:49] more time. Thank you for being
[1:37:51] here. We hold you in high
[1:37:52] regard. I know you're a
[1:37:53] hard-working city councilor
[1:37:58] go. You're on a class. Good
[1:37:59] afternoon. PRESIDENT Dylan
[1:37:59] commissioners again. My name
[1:38:02] is Andy Nielsen. City County
[1:38:05] Councilor for District 14. I
[1:38:06] come before you today
[1:38:09] requesting that you deny. 26
[1:38:12] Tbra 1, 5, and I will probably
[1:38:13] repetitive to what has been
[1:38:14] discussed. So I ask that you
[1:38:18] bear with me. After hearing
[1:38:19] clearly an overwhelmingly from
[1:38:20] my district and engaging with
[1:38:20] the company and their
[1:38:24] representatives. I do not
[1:38:25] believe the development will
[1:38:25] be in the best interest of my
[1:38:28] constituents and my community.
[1:38:28] But in recognition of the
[1:38:32] analysis in front of you. I
[1:38:33] believe the findings, one 4
[1:38:35] have not been satisfied
[1:38:36] requiring that the commission
[1:38:38] tonight, this petition. It
[1:38:39] should be noted that the
[1:38:42] discussion today. During the
[1:38:46] petitioners. Presentation is
[1:38:46] the exact basis for which we
[1:38:50] asked for a continuance. As an
[1:38:50] example to that, the
[1:38:52] conversation from commissioner
[1:38:53] a while with something that I
[1:38:56] have been asking for since 0.
[1:38:58] For some background and
[1:38:59] context. The proposed site
[1:39:01] sits directly on the border.
[1:39:01] If you look at your map up
[1:39:04] there on the border. That is
[1:39:07] the corner. A district 20.
[1:39:09] Everything north and east of
[1:39:13] that, his district, 14.
[1:39:14] Respect to district lines. My
[1:39:14] involvement engagement on this
[1:39:16] position is unique. Given the
[1:39:19] proximity, the proposed site
[1:39:22] and that 95 97% of the nearly
[1:39:24] 1800 residents who live within
[1:39:24] a half mile half mile radius
[1:39:27] of the proposed site live in
[1:39:28] district 14. Many of those
[1:39:31] residents are here today. And
[1:39:32] as we all know, political
[1:39:32] lines do not reflect
[1:39:36] neighborhood boundaries. In
[1:39:38] late APRIL 2026, held a
[1:39:39] community forum for neighbors
[1:39:40] learn more about the from the
[1:39:41] petition earlier this spring
[1:39:42] closed a month-long survey
[1:39:45] collect input from residents.
[1:39:46] The results from the survey
[1:39:47] reflect everything that I've
[1:39:49] heard from text messages calls
[1:39:52] e-mail social media. He's been
[1:39:52] to Irvington around the side.
[1:39:53] You know, you're walking
[1:39:54] around. Some is going to tell
[1:39:57] you direct contact with
[1:40:00] constituents that 83% of my
[1:40:01] constituents and respondents
[1:40:02] oppose this development. The
[1:40:07] context. The context of the
[1:40:07] commutes position is very
[1:40:09] important as it was not made
[1:40:11] with pace is instead an
[1:40:12] example of how engaged
[1:40:14] community makes an informed
[1:40:15] decision and it's not one
[1:40:16] steeped in anti development
[1:40:17] fervor which I'll prove later
[1:40:21] as Wall. Unfortunately, as
[1:40:23] this process has unfolded. I
[1:40:24] really don't want to have to
[1:40:26] say this, but unfortunately,
[1:40:27] as this process unfolds has
[1:40:30] become abundantly clear that
[1:40:31] any potential benefits from
[1:40:31] this project are fully
[1:40:33] transactional. I need you to
[1:40:38] understand that. After months.
[1:40:39] Months of pushing the company
[1:40:41] in the representatives for a
[1:40:41] more comprehensive, thoughtful
[1:40:44] and meaningful process to
[1:40:46] discuss potential benefits,
[1:40:47] the company and the
[1:40:48] representatives have instead
[1:40:50] chosen to operate within a
[1:40:52] silo seeking input from
[1:40:55] stakeholders and others who
[1:40:55] are friendly us to their
[1:40:56] development. The second that
[1:40:59] pushback is given.
[1:41:00] Communication lines stay open,
[1:41:02] but meaningful get engagement
[1:41:03] has disappeared. And you do to
[1:41:06] recognize that a good example.
[1:41:06] One member of the historic
[1:41:07] Irving and Community Council
[1:41:10] MAY be supportive of this. The
[1:41:11] entire community Council your
[1:41:13] packet has written a letter in
[1:41:14] opposition. This community
[1:41:16] meeting on AUGUST, the 4th or
[1:41:17] the 5th. I found out about it
[1:41:21] when you all did. And again, I
[1:41:22] emphasize that the performance
[1:41:23] bond that was discussed
[1:41:23] earlier is something that I've
[1:41:29] been asking for since day one.
[1:41:30] I say all this while in
[1:41:31] recognition that the
[1:41:32] commission is well aware of
[1:41:33] the sensitivity to these
[1:41:33] projects, this petition is not
[1:41:36] new to that conversation.
[1:41:37] However, it is key that these
[1:41:38] concerns are also centered and
[1:41:39] present as we continue this
[1:41:43] discussion. I appreciate
[1:41:44] understand the question and
[1:41:45] analysis before the nbc are
[1:41:46] focused on ensuring in the
[1:41:48] case as been discussed in the
[1:41:48] case of a variance of use that
[1:41:50] 5 findings of fact been
[1:41:52] satisfied as the embassy in dc
[1:41:54] as aware as MISTER Serrano
[1:41:56] emphasize determining that
[1:41:57] even one finding has not been
[1:41:59] satisfied is justification. I
[1:42:00] would say a requirement that
[1:42:03] you deny this petition and
[1:42:04] here I will prove that finding
[1:42:05] one provides the mdc with at a
[1:42:06] minimum, the discretion to
[1:42:08] conclude the finding not been
[1:42:09] satisfied and finding for has
[1:42:11] not been satisfied on finding
[1:42:15] one. I believe strongly that
[1:42:16] the staff report emphasizes a
[1:42:19] powerful tool that is in your
[1:42:19] possession commissioners,
[1:42:20] which is also key to good
[1:42:22] government public policy.
[1:42:23] That's discretion. If you read
[1:42:25] the staff report, staff states
[1:42:26] in relation to finding well,
[1:42:28] and finding one and I quote,
[1:42:28] public testimony and
[1:42:31] correspondents have race could
[1:42:34] raise concerns related to
[1:42:35] potential impacts. Other
[1:42:36] proposed data center including
[1:42:36] noise operation of diesel fuel
[1:42:38] generators and overall energy
[1:42:40] consumption staff acknowledges
[1:42:41] these concerns as part of the
[1:42:46] public record. And took that
[1:42:47] into consideration during the
[1:42:51] zoning analysis. An
[1:42:52] acknowledgement in
[1:42:52] consideration of the concerns
[1:42:55] in the staff's analysis is the
[1:42:56] very basis by which you
[1:42:57] commissioners MAY deny
[1:42:59] petition. This is a clear
[1:43:01] recognition that this process
[1:43:03] discretion from staff's
[1:43:03] analysis, community concern
[1:43:06] and voice has been weighed
[1:43:07] against several incomplete
[1:43:09] commitments which remain
[1:43:11] ongoing, thereby strengthening
[1:43:13] the community's argument and
[1:43:14] concern. You have the
[1:43:14] discretion to provide a more
[1:43:16] critical analysis that this
[1:43:18] finding has not been
[1:43:19] satisfied. Discretion is also
[1:43:20] abundantly clear in the
[1:43:23] petitioners on analysis. As I
[1:43:25] sat there, they spent 7 of
[1:43:25] their 15 minutes discussing
[1:43:28] who was in support of Not
[1:43:29] proving that the findings of
[1:43:32] fact have been met. Every time
[1:43:34] a letter of testimony support
[1:43:35] described presented it is with
[1:43:37] in this very argument this is
[1:43:38] a similar application, the
[1:43:39] same appeal that I'm making to
[1:43:41] you today when a community
[1:43:42] group or other stakeholder
[1:43:43] groups because it position on
[1:43:46] a petition is considered this
[1:43:47] introduces a way to now is
[1:43:50] that, in fact, when discussing
[1:43:51] finding the nbc does have the
[1:43:53] discretion to consider
[1:43:55] community support and or
[1:43:56] opposition and what is so
[1:43:59] powerful in this moment is
[1:44:01] that the staff report
[1:44:02] acknowledges this allowing the
[1:44:03] mdc to re Kuwait
[1:44:05] considerations with in finding
[1:44:09] one and to conclude that the
[1:44:10] overwhelming community concern
[1:44:13] and opposition outweighs any
[1:44:14] offsets again at best finding
[1:44:17] one is on unstable grounds.
[1:44:18] Once you begin to re waited, I
[1:44:20] maintain that is not been
[1:44:21] satisfied. And the meeting mdc
[1:44:23] must deny the petition. Moving
[1:44:27] on to finding 4 finding 4
[1:44:28] requires the petitioner
[1:44:28] demonstrate that, quote, the
[1:44:29] strict application of the
[1:44:32] terms of the zoning ordinance
[1:44:34] constitutes an unusual and
[1:44:35] unnecessary hardship if apply
[1:44:36] to the property for which the
[1:44:39] variant us up the proposed
[1:44:39] site. Again, this has been
[1:44:41] discussed is currently zoned.
[1:44:41] I 3 providing for media
[1:44:42] industrial use as part of the
[1:44:44] Thunderbird Commerce Center
[1:44:46] that was established in 2022.
[1:44:47] That did say vacant for 20
[1:44:50] years. But that's not the
[1:44:52] complete story. Over the past
[1:44:54] several years. All other
[1:44:55] parcels within 100 Commerce
[1:44:56] Center have been or are
[1:44:57] currently being developed.
[1:45:02] This very body. Considered
[1:45:05] petitions for Monarch Beverage
[1:45:05] that developed for that for a
[1:45:06] 50,000 square-foot facility in
[1:45:08] 2024. Creating roughly 500
[1:45:10] jobs. This commission also
[1:45:13] approved rezone and incentives
[1:45:15] dandy and Louth is finishing a
[1:45:18] facility by later this fall.
[1:45:20] Ford and that will create 350
[1:45:22] jobs just last week. And this
[1:45:25] very chamber, the City County
[1:45:25] Council approved the tax
[1:45:26] abatements that you all set to
[1:45:28] us. So as we look to the
[1:45:29] application of what must be
[1:45:31] satisfied and are fighting
[1:45:33] force, things are falling
[1:45:35] apart. Again, the petitioner
[1:45:36] must satisfy the strict
[1:45:38] application provides a
[1:45:39] hardship if we approach this
[1:45:41] analysis from the petitioners
[1:45:43] per session, there are
[1:45:43] remedies within the zoning
[1:45:45] code that would nullify all of
[1:45:47] this. A special commercial
[1:45:47] district zoning
[1:45:51] classification. That would
[1:45:51] allow the petitioner to submit
[1:45:54] for their own set of rules. We
[1:45:54] wouldn't have to consider this
[1:45:56] hardship application because
[1:45:57] the petitioner could submit
[1:46:00] for this body's consideration.
[1:46:01] A set of standards to fall
[1:46:01] outside of a hardship
[1:46:05] exemption. This commission has
[1:46:06] approved previous data-center
[1:46:07] campuses under this
[1:46:10] application. If we approach
[1:46:11] analysis from the property
[1:46:12] owners position, it's
[1:46:13] abundantly clear that that
[1:46:15] there's not a hardship with
[1:46:15] the ability develop the
[1:46:19] property and I zoning. Why as
[1:46:20] mentioned earlier, this is the
[1:46:21] last parcel being developed at
[1:46:23] the Commerce Center. Without
[1:46:24] community opposition. I would
[1:46:27] also point out. For these
[1:46:28] reasons finding for is clearly
[1:46:29] not satisfied. Meaning nbc
[1:46:32] must deny the petition.
[1:46:37] Commissioners. I recognize and
[1:46:38] appreciate the questions in
[1:46:41] front of you. The analysis for
[1:46:42] the indices focus on ensuring
[1:46:43] these 5 findings of facts have
[1:46:44] been satisfied, including that
[1:46:49] one. Even slightly
[1:46:50] insufficient. Is security is
[1:46:51] sufficient to deny the
[1:46:53] petition. And as I outlined, i
[1:46:53] believe that finding one of
[1:46:54] best provides the commission
[1:46:58] with the discretion necessary
[1:47:00] to deny and finding 4 has
[1:47:01] clearly not been satisfied.
[1:47:03] This is a moment for you all
[1:47:06] to recognize that for these
[1:47:07] reasons, the embassy must
[1:47:19] design petition. Thank But
[1:47:20] since capture, we'll this
[1:47:25] time. Good. Thank you,
[1:47:31] counselor counselor being.
[1:47:31] Councilor Heart council cross
[1:47:33] up cancer around at top. No,
[1:47:39] you're good okay. Council
[1:47:40] fleas and Michael part
[1:47:44] representing district MR.
[1:47:45] PRESIDENT CHAIRMAN. Well,
[1:47:46] counselor, we appreciate by
[1:47:47] the way, we appreciate your
[1:47:48] hard work as well. I
[1:47:53] appreciate So I'll tell you
[1:47:54] what's interesting. You know,
[1:47:54] when I look at this, ladies
[1:47:55] and gentlemen, thank you. Look
[1:47:58] at the counter top. As say, a
[1:47:59] brief story before I get into
[1:48:00] this. Looking at this map
[1:48:03] right here because what's
[1:48:04] interesting about this site
[1:48:04] is, you know, we talk about
[1:48:06] where it's located and who it
[1:48:09] impacts. And when I go back to
[1:48:13] think it was 2020 to 21, even
[1:48:14] I was approached by the
[1:48:15] predecessor of District 14,
[1:48:16] which was Jason lawyers and
[1:48:17] counselors and and the city of
[1:48:18] Indianapolis. And they came to
[1:48:21] me and they said Councilor
[1:48:22] Heart, would you be supportive
[1:48:23] of creating a tiff in this
[1:48:26] area to support what's going
[1:48:27] on with Laos development but
[1:48:28] used that allocation outside
[1:48:30] of your district. That's a big
[1:48:35] ask. And I said with pleasure.
[1:48:35] And the reason I said that is
[1:48:39] because my vision for the east
[1:48:39] side east of Indianapolis, the
[1:48:43] East Washington corridor is it
[1:48:44] doesn't stop at the district
[1:48:45] lines of the boundaries. If
[1:48:46] there was development that was
[1:48:47] going to happen or Benton,
[1:48:48] Pleasant West of District 20,
[1:48:49] that was a good thing. And so
[1:48:53] I look at this as exactly is
[1:48:54] the counselor said we're not
[1:48:55] divided by boundary lines.
[1:48:58] This is opportunity that we're
[1:48:59] looking at a redevelopment of
[1:49:03] an entire plot of land and why
[1:49:04] that's important is when I
[1:49:05] look at this and I'll tell you
[1:49:07] what the process that I went
[1:49:08] through is a very long one.
[1:49:11] You know, I've spent weeks
[1:49:12] every week since this was was
[1:49:15] opened up and MARCH writing
[1:49:17] about this in my my letter, my
[1:49:18] newsletter that I send out
[1:49:21] weekly called The Sunday Post
[1:49:21] in that is been weekly
[1:49:23] meetings with the petitioner
[1:49:24] community members going on
[1:49:27] site. I've spent countless
[1:49:28] hours trying to find the facts
[1:49:31] of all of these things, but
[1:49:32] also been a very fortunate
[1:49:33] position where this is maybe
[1:49:35] maybe not so fortunate. But
[1:49:36] the second data center I've
[1:49:39] had in my district. And so
[1:49:40] I've been at the ability to
[1:49:43] actually. Compare these 2
[1:49:45] things in on the surface. What
[1:49:46] is extremely different is the
[1:49:48] plot of land itself. The first
[1:49:49] time I went through this
[1:49:51] process, it was with Google.
[1:49:52] It was a hyper scalers and it
[1:49:55] was in agricultural area with
[1:49:56] a lot. And you all seen this a
[1:49:59] lot of residential around it.
[1:50:01] This on the other hand is a
[1:50:02] highly industrial area that
[1:50:04] this photo itself, it doesn't
[1:50:09] it? Ladies and gentleman, but
[1:50:09] the city council are
[1:50:13] completely statement. Thank
[1:50:15] But incomplete. A statement
[1:50:18] council This is a very
[1:50:18] industrial area that even to
[1:50:21] the south of it, you have
[1:50:22] thousands of truck bays. You
[1:50:23] have metal recycling
[1:50:26] facilities. You have bakeries.
[1:50:27] This is not a of an
[1:50:28] agriculture. This is not a
[1:50:32] dwelling area and thank you,
[1:50:34] MR. PRESIDENT so when I look
[1:50:36] at this, I have to consider,
[1:50:37] ok, what are we actually
[1:50:40] putting? And I look at it, 4
[1:50:41] main buckets. What I'm
[1:50:41] considering these types the
[1:50:42] data center development
[1:50:46] specifically I'm looking at.
[1:50:47] The quality of life for the
[1:50:48] folks that are living around
[1:50:48] it. I'm looking at the energy.
[1:50:52] I'm looking at the environment
[1:50:52] and I'm looking at the
[1:50:53] financial impact of all of it.
[1:50:57] And so that's what I spent my
[1:50:58] time doing. And, you know,
[1:50:59] from a relatively standpoint
[1:51:02] where I I live close of this
[1:51:03] where I live in relation to
[1:51:05] the site is very close to what
[1:51:06] I lived in relay still live in
[1:51:07] relation to where the Google
[1:51:10] site was. The Google site was
[1:51:11] 3 point or 2.2 miles from my
[1:51:12] house. This is 3.2 miles from
[1:51:14] my house. So I'm very close to
[1:51:15] the same amount of distance
[1:51:23] apart. Ladies and gentleman.
[1:51:24] Council is going to finish his
[1:51:25] statement on a interrupted,
[1:51:31] please. So going through this
[1:51:33] process, I've had hosted
[1:51:34] public meetings. Whitehead 100
[1:51:34] people show up. The
[1:51:38] petitioners have come and
[1:51:38] again comparing and
[1:51:39] contrasting some of the
[1:51:41] experience I've had the
[1:51:43] ability to ask questions to
[1:51:43] the petitioner in this case
[1:51:44] for us is what I've had in the
[1:51:46] past has been a very seamless
[1:51:47] process. If I sent an email
[1:51:50] phone call a text, it was
[1:51:51] answered very quickly. They
[1:51:51] had no problem coming down
[1:51:53] here. They had no problem
[1:51:54] taking people out to their
[1:51:57] sites to see it, which leads
[1:51:58] me to my example of of I went
[1:52:00] out to Atlanta to see the site
[1:52:01] and I took a decibel meter
[1:52:04] with me and I did that with
[1:52:05] intent. Now, albeit it was one
[1:52:08] I got off of Amazon, right? So
[1:52:11] it was like $30 winter. But my
[1:52:12] theory being if I use that
[1:52:13] same meter and every single
[1:52:14] place that I go, meaning I did
[1:52:18] it at the site in Atlanta at
[1:52:21] various stages from the the 75
[1:52:26] feet 150 feet and 475 feet. I
[1:52:26] also did it in active
[1:52:29] construction zone in Atlanta.
[1:52:30] And I also didn't back here at
[1:52:33] my house. I did at Lincoln
[1:52:33] School and I did it in the
[1:52:34] active area without the
[1:52:37] development. What I was able
[1:52:38] to find by learning through
[1:52:39] that experience is that on the
[1:52:45] meter itself? A day in my
[1:52:45] backyard on a Saturday and I
[1:52:47] live in a regular suburban
[1:52:49] neighborhood on a day a
[1:52:50] Saturday night in my backyard.
[1:52:52] It was 58 decibels. Birds
[1:52:53] chirp and kids playing to
[1:52:55] those sorts of things. So when
[1:52:58] I went to the site itself, it
[1:52:59] was up to 70 75 decibels. What
[1:53:02] I want to the school. It was
[1:53:08] 65. At the time. I had a
[1:53:08] business before the sound
[1:53:09] studies came out. The
[1:53:09] conclusion that, wow, it's
[1:53:10] gonna be really hard. Just to
[1:53:12] hit 65 again. Chief decibel
[1:53:14] meters. But I tell you this
[1:53:14] story because I'm I'm putting
[1:53:15] in the work to try and learn
[1:53:16] about the development on the
[1:53:20] impact. Also put up to very
[1:53:23] long memos that I submitted
[1:53:24] prior to the hearing examiner
[1:53:25] that you all had for a long
[1:53:29] time now. And that was a lot
[1:53:30] of finding that I looked into
[1:53:32] 2 main things. The primary
[1:53:32] thing was the site itself and
[1:53:35] where it sits as well as the
[1:53:36] school's relation to that,
[1:53:37] because I think there's 2 main
[1:53:40] things that are probably the
[1:53:41] highest objection here. One is
[1:53:43] the school to is the noise. I
[1:53:43] think the noise has been
[1:53:44] settled through the
[1:53:45] conversations I've had with
[1:53:47] how they're going get a lot of
[1:53:49] that. The school on the other
[1:53:49] hand, I think it was approved
[1:53:52] for the recent changes to
[1:53:53] eliminate a building and moved
[1:53:56] back even farther 800 feet
[1:53:57] away. But what was most
[1:53:58] important in those memos? And
[1:53:59] I want to make sure I say for
[1:54:01] the record. Is that that
[1:54:05] school moved in in when the
[1:54:05] forward Vist tm plant was in
[1:54:09] Operation. And so it didn't
[1:54:10] move. The school didn't come
[1:54:11] when it was all Greenfield.
[1:54:11] Nothing else there. They knew
[1:54:13] when they moved into that
[1:54:17] location that it's next to an
[1:54:19] industrial area. And there I
[1:54:19] mean, that that unity medals,
[1:54:20] that the Kroger Bakery, all
[1:54:21] those things were there when
[1:54:24] that school moved in and going
[1:54:27] back to the current petition
[1:54:29] what's coming in now and what
[1:54:31] I've seen on site is a very
[1:54:35] benign structure. My gut
[1:54:36] feeling when I walked up to
[1:54:36] this thing, I looked at them
[1:54:40] and I said this is it. This is
[1:54:42] the building. I walked inside
[1:54:44] the building and and it is
[1:54:45] really an edge note facility.
[1:54:46] There is no doubt about that.
[1:54:47] And I tell you this from a
[1:54:51] position of expertise. I've
[1:54:52] worked in it for my entire
[1:54:52] career. I have a degree in
[1:54:53] programming. I have another
[1:54:56] degree in it. I am expert in
[1:54:57] the field. I've toward
[1:54:59] multiple datacenters outside
[1:55:01] of this one and other
[1:55:02] petitions. I've toward data
[1:55:05] center factories. I'm very
[1:55:06] fun. A fluent to what is going
[1:55:07] on with these types of
[1:55:12] developments. Inside the data
[1:55:13] center itself. I was
[1:55:16] registering 65 decibels. And
[1:55:17] why it's an edge. No
[1:55:18] facilities. Because this is a
[1:55:20] co-location again, not a hyper
[1:55:22] scalers the way they designed
[1:55:23] the building is on the
[1:55:25] perimeter of it is where we
[1:55:28] have the where they have the
[1:55:29] infrastructure where they're
[1:55:29] bringing in the fiber and
[1:55:30] creating that redundancy for
[1:55:31] any particular user in the
[1:55:32] center of that building. Very
[1:55:37] unique design. They are
[1:55:38] providing redundancy on fiber
[1:55:40] optic networks by having that
[1:55:41] perimeter operations inside
[1:55:48] the building. As I look
[1:55:48] through this and this process,
[1:55:49] I've taken things
[1:55:50] consideration like the noise,
[1:55:53] the dust you know, I've been
[1:55:55] here through the entire
[1:55:56] development of Thunder bird
[1:55:57] from monarch to where it is
[1:55:59] now. And there's been 0.
[1:56:03] Vermont runs for dust. Not on
[1:56:04] dandy, not on Monarch
[1:56:06] Logistics facility. Not not
[1:56:06] win. Even Louth was was
[1:56:10] preparing the site 0
[1:56:11] Remonstrance and I'm I'm
[1:56:14] convinced that the the the
[1:56:15] main issue here is just the
[1:56:17] name data center, right? It's
[1:56:18] it's a lot of the unknown of
[1:56:20] what it actually is going on
[1:56:21] inside that building inside
[1:56:24] the building is. Service
[1:56:25] servers are all over the
[1:56:28] place. I mean, we've got a man
[1:56:29] business operations. They are
[1:56:31] required for our daily lives
[1:56:33] of this at this point,
[1:56:33] operation of how we we live
[1:56:36] in, we work. With that last
[1:56:40] piece that I look at is. The
[1:56:41] commitment back to the
[1:56:42] community. What is this gif
[1:56:43] with this really going? What
[1:56:46] would provide benefits one?
[1:56:47] You know, there's been the
[1:56:48] complaint about there's not
[1:56:51] enough jobs. Listen, this
[1:56:52] entire site development, not
[1:56:55] just one site. And so we've
[1:56:56] already got they've got 600
[1:56:59] and some trucks coming in. To
[1:57:00] that site. They've already got
[1:57:04] 1000 employees in there. If
[1:57:06] sitting in site developer,
[1:57:08] shoes I'm looking at how do I
[1:57:09] make sure that I'm having
[1:57:10] adequate site control in the
[1:57:12] operations of vehicles coming
[1:57:13] in and out of this entire
[1:57:16] site. Not just the one there.
[1:57:17] They have to think about the
[1:57:18] safety of that. They have to
[1:57:18] think about the amount of
[1:57:22] people there and there's not
[1:57:23] MISS Out thing. There's a
[1:57:23] negative to it having a little
[1:57:25] amount of jobs and they've
[1:57:25] already provided 1000 jobs in
[1:57:29] the entire site. What I'm
[1:57:30] proud of is the agreement that
[1:57:32] they have with the the union
[1:57:36] because as another distinct
[1:57:37] difference from the first time
[1:57:38] ahead, Google come through
[1:57:39] here. There was no Google or
[1:57:41] there was no Union agreement.
[1:57:42] So I'm very proud to see that
[1:57:44] I'm very supportive of that
[1:57:45] and I wouldn't be supportive
[1:57:46] of the project it wasn't
[1:57:47] there, that that that was a
[1:57:50] must for me beyond that, it
[1:57:50] is. We are in a place right
[1:57:54] now on the council. We just we
[1:57:55] we just had a real tax come
[1:57:56] through our proposal for will
[1:57:58] tax come through because those
[1:58:00] were doing a lot in relation
[1:58:00] to send an act bill one and
[1:58:04] so. As a counselor, I've got
[1:58:05] to think about the tax base
[1:58:07] coming to Indianapolis Wright.
[1:58:08] Is it going to we're going to
[1:58:10] ask more people for it or are
[1:58:11] we going to have development
[1:58:14] pay that tax base? What this
[1:58:16] type of development provides
[1:58:17] is 30 million dollars in 10
[1:58:20] years under abatement. You
[1:58:22] can't find that in another
[1:58:24] tight pick, a warehouse,
[1:58:25] structure type like this and
[1:58:26] you won't get that type of tax
[1:58:27] base. We have to consider
[1:58:30] those types of things. But of
[1:58:31] that 30 million 10 million
[1:58:33] goes to the school corporation
[1:58:36] to Warren Township School
[1:58:36] Corporation. That's a million
[1:58:40] dollars a year. You can look
[1:58:43] across the city of Minneapolis
[1:58:44] across 8 in the app and
[1:58:44] Indiana. And you're gonna
[1:58:45] start to see. We are already
[1:58:46] seeing the request for
[1:58:48] referendums in response to
[1:58:50] Senate Bill one. So we have to
[1:58:53] find other mechanisms to try
[1:58:54] and support the school
[1:58:56] funding. This does that the
[1:58:57] other piece goes back to that.
[1:58:59] If I was talking about this
[1:59:00] puts roughly 10 million
[1:59:01] dollars in it. If that stays
[1:59:03] in the district again. And
[1:59:05] it's not even district 20, to
[1:59:07] be honest, it's his district,
[1:59:11] 14 that it stays All that is
[1:59:13] going to go right back to
[1:59:14] where people live to make the
[1:59:15] improvements on the roads,
[1:59:16] driving the plaza to the
[1:59:18] parks. That's a positive thing
[1:59:18] that wouldn't happen if the
[1:59:20] development didn't happen. And
[1:59:21] there are other types of
[1:59:22] development that could happen
[1:59:25] here like. Chemical facilities
[1:59:27] are unapproved use under I 3
[1:59:30] today which I am 100%
[1:59:30] convinced are more invasive
[1:59:32] than what this type of
[1:59:32] development is. But even on
[1:59:36] that. Their community impact
[1:59:36] payments, right? What they're
[1:59:38] talking about doing with the
[1:59:38] school that I mentioned
[1:59:39] earlier with with winds there,
[1:59:40] what we're trying to do with
[1:59:43] that hopefully that works out.
[1:59:44] If not, there's still 2 and a
[1:59:46] half million dollars to go
[1:59:48] towards building 3rd spaces to
[1:59:50] bring in the type of
[1:59:51] programmatic activity that
[1:59:51] leads to more positive
[1:59:54] outcomes on the east side. I
[1:59:55] can tell you from of sitting
[1:59:57] in those seats where I'm on my
[1:59:58] counselor side getting 2 and a
[1:59:59] half million dollars to
[1:59:59] district 20 is a very hard
[2:00:02] thing to do. And then finally
[2:00:03] on the other the Washington
[2:00:04] Square Mall. I mean, that's
[2:00:08] that's what I have been asked
[2:00:10] to solve as a counselor from
[2:00:10] the time I campaigned has to
[2:00:12] be the counselor. I've been
[2:00:16] working very diligently for my
[2:00:18] entire term redo this mall in
[2:00:18] some fashion. We are getting
[2:00:21] very close. To positive
[2:00:24] outcomes and this project
[2:00:25] itself will add 5 million
[2:00:27] dollars to an opportunity to
[2:00:29] improve the Washington Square
[2:00:31] Mall with which gives me the
[2:00:33] ability to attract other
[2:00:33] dollars through grants and
[2:00:35] through investors that I
[2:00:36] wouldn't have otherwise to
[2:00:38] complete my objective of what
[2:00:38] I promised. The people I would
[2:00:43] work on. So. With that the
[2:00:44] last piece will say is on the
[2:00:48] whole boom or bust thing I
[2:00:49] have. I'm not convinced that
[2:00:49] there is bus coming anytime
[2:00:53] soon on ai. In fact, I still
[2:00:54] think we're in the very
[2:00:54] beginning phase of this. And
[2:01:00] I'll tell you why. So what The
[2:01:02] normal. People are looking at.
[2:01:04] Silicon manufactures. So
[2:01:05] silicon manufacturers are the
[2:01:07] people that make your cp using
[2:01:07] your and there are the ones
[2:01:10] that are powering all that the
[2:01:10] servers that run the data
[2:01:14] centers now in we see there
[2:01:17] running out of supply and
[2:01:19] they're shifting their units
[2:01:21] from end user units to server
[2:01:24] units that is showing a huge
[2:01:25] demand shift over to that
[2:01:25] product line. Bush tells us
[2:01:27] that there's only more and
[2:01:29] more use. We are only at the
[2:01:30] first phase of this. We're
[2:01:34] only at the large. Essentially
[2:01:37] hyperscale phase where we're
[2:01:38] companies like meta, Google
[2:01:40] aws. Those folks are the ones
[2:01:41] that are building right now.
[2:01:44] We haven't got to the
[2:01:45] enterprise layer yet, which
[2:01:46] are the applications that we
[2:01:47] use on our daily lives. The
[2:01:48] canvas, the Quickbooks and all
[2:01:49] those sorts of things. When
[2:01:49] you start seeing the ai
[2:01:52] features integrated into that,
[2:01:52] they're going to start running
[2:01:53] their own servers, their own.
[2:01:54] We're close. They're going to
[2:01:55] start leasing out space and
[2:01:58] then you're going to start
[2:01:59] getting into small medium
[2:02:00] enterprise businesses that are
[2:02:01] going to run their own. We're
[2:02:05] only at the very beginning
[2:02:06] this structure I am convinced
[2:02:06] will be here for a long time.
[2:02:09] I think it will be a product
[2:02:10] that will produce a lot of
[2:02:11] revenue for the city of
[2:02:12] Indianapolis and a lot of
[2:02:13] positive outcome and
[2:02:15] charitable distributions.
[2:02:16] Going forward and MR. CHAIRMAN
[2:02:17] members of the board, I'm
[2:02:20] supportive of this project.
[2:02:24] Thank you. Russians down We're
[2:02:27] not going to do this. We're
[2:02:31] not going to do this. We're
[2:02:35] not going to do this. Members
[2:02:37] of commission questions
[2:02:43] Councilor hurt. Cancer. Thank
[2:02:50] you for being here. Appreciate
[2:02:50] Thank you. PRESIDENT Dylan,
[2:02:54] the members of the commission.
[2:02:57] The matter before you includes
[2:02:57] 2 petitions or to request one
[2:03:01] is supply at. And that has
[2:03:02] been explain to you briefly,
[2:03:05] the other part of that is a
[2:03:05] variance of use as well as
[2:03:08] development standards. Like to
[2:03:10] get rid of earth like to talk
[2:03:12] about the plant itself. As you
[2:03:14] know, plats are ministerial
[2:03:18] that if they meet the certain
[2:03:19] standards with in the
[2:03:19] ordinance, it has to be
[2:03:26] approved. And those conditions
[2:03:27] that staff is included as
[2:03:32] staffs report on Page 52 53.
[2:03:34] There is also a motion. If you
[2:03:35] choose to approve the staff,
[2:03:37] the plat, there's a motion on
[2:03:39] Page. 52, the staff would
[2:03:43] recommend using. The other. To
[2:03:49] call out the other. Petition.
[2:03:49] Request is a variance of use
[2:03:52] and development standards.
[2:03:53] There's been a lot of
[2:03:55] discussion on the variance of
[2:03:57] use, but staff would like to
[2:03:58] just briefly mentioned the
[2:03:59] development standard that was
[2:04:00] being requested. Is a
[2:04:04] reduction in parking for
[2:04:05] industrial uses. And again, it
[2:04:07] presents an issue in terms of
[2:04:09] trying to determine exactly
[2:04:11] what those requirements are in
[2:04:14] terms of parking because this
[2:04:15] is not use. It has been
[2:04:17] contemplated in the ordinance.
[2:04:24] But they are reducing. The the
[2:04:26] number of required parking
[2:04:29] spaces from 330 down to no
[2:04:31] more or no less than 100
[2:04:34] parking spaces. Staff support
[2:04:35] system. Reason why is what it
[2:04:39] does is it it decreases the
[2:04:40] amount of hard surface and
[2:04:44] pavement that is required and
[2:04:45] it increases them land that
[2:04:46] can be used for different
[2:04:49] other different uses, which
[2:04:51] would include buffering
[2:04:53] transitional yards and maybe
[2:04:55] some other industrial uses.
[2:04:56] And for for those reasons,
[2:04:59] staff is recommending approval
[2:05:00] of that development statement
[2:05:01] and reduction of parking
[2:05:07] spaces. The other part of the
[2:05:09] variance request relates to a
[2:05:09] variance of use. And you've
[2:05:10] heard a lot about that. And
[2:05:12] that's the 5 criteria that is
[2:05:18] required. To prove the
[2:05:19] variants of you should be
[2:05:23] granted. The first one talks
[2:05:24] about the public health safety
[2:05:26] and general welfare general,
[2:05:31] where fit welfare staff
[2:05:31] believes that the proposed
[2:05:32] commitments that have been
[2:05:34] submitted and they have been
[2:05:35] ended a number of times to
[2:05:39] respond to. Concerns have been
[2:05:40] raised directly, regulate
[2:05:41] those operational
[2:05:42] characteristics of the data
[2:05:45] center. The campus. That
[2:05:47] includes Sojourner 8 are
[2:05:50] testing hours. The sound level
[2:05:51] and the buffering of the
[2:05:53] screening that they are
[2:05:56] providing as well as
[2:05:58] insulating those generators to
[2:06:01] minimize the sound. They've
[2:06:05] also committed to 2 finding or
[2:06:06] funding electrical
[2:06:11] infrastructure. And that would
[2:06:12] ensure the associated cost not
[2:06:15] borne by local rate payers.
[2:06:18] They also provided and
[2:06:19] conducted the trip generation.
[2:06:20] And again, this gets back to
[2:06:22] the use as a data center that
[2:06:24] when it is completed, there's
[2:06:27] going to be fewer. Trips to
[2:06:30] that data center. There are
[2:06:32] fewer employees. There would
[2:06:33] be security there with the
[2:06:34] technical people. There would
[2:06:35] be maintenance. Basically.
[2:06:38] Those are the 3 categories of
[2:06:38] people that will going to this
[2:06:46] data center. And as has been
[2:06:46] mentioned, watch has happened
[2:06:50] when with this reduction is
[2:06:52] this now 72% reduction in the
[2:06:53] total daily trips that would
[2:06:57] be going to this site 7 also
[2:07:01] and with that staff would
[2:07:05] notice that. Traffic that is
[2:07:06] going to be generated is going
[2:07:08] to be more internal. Tale
[2:07:11] drive is a private street and
[2:07:14] it access is from English
[2:07:16] Avenue. So most of the traffic
[2:07:18] it's going to be from English
[2:07:21] Avenue into Fentayl Drive. So
[2:07:25] the impact of the traffic by
[2:07:25] this development is going to
[2:07:32] be minimal. Staff. Also
[2:07:33] believes again that watch has
[2:07:34] been proposes terms of
[2:07:38] commitments does protect. Does
[2:07:40] not create any unregulated or
[2:07:41] unchecked impact on public
[2:07:51] health. On adjacent property
[2:07:52] impacts again, there's been a
[2:07:54] lot of discussion about this,
[2:07:55] the school. And I just like to
[2:07:57] mention that the Pence he
[2:07:59] trail it separates this
[2:08:01] property from the school and
[2:08:03] that Pence, the trail is 80
[2:08:04] feet wide. And then there's
[2:08:06] also that buffering. There's
[2:08:09] easement along that northern
[2:08:11] portion of that and then has
[2:08:12] been mention those buildings
[2:08:13] are going to be south of that.
[2:08:14] So there's going to be a total
[2:08:18] of 800 and 17th approximately
[2:08:21] 817 treat separation from the
[2:08:21] protected district to the
[2:08:28] North. Staff are also again,
[2:08:29] about the traffic and where
[2:08:30] that's going to how that's
[2:08:35] going to be handled. The
[2:08:36] uniqueness of the property.
[2:08:36] And again, it gets back to
[2:08:39] this is redevelopment of the
[2:08:42] property that was. Was used
[2:08:45] for heavy manufacturing over
[2:08:48] 272 acres years ago and
[2:08:52] because of that. How it was
[2:08:53] has been developed and how it
[2:08:55] has now. Return to
[2:08:59] redevelopment of that. It
[2:09:00] creates an issue because it is
[2:09:04] being. Discussed about
[2:09:06] industrial uses. And we and
[2:09:08] been mentioned that a data
[2:09:11] center does not really have a
[2:09:12] definition in our ordinance.
[2:09:13] And they're working on that
[2:09:14] right now. So Steph police
[2:09:16] because of that, that creates
[2:09:19] a unique situation. Seth also
[2:09:22] believes that the data center
[2:09:23] based upon what we know is
[2:09:26] would be considered a light
[2:09:27] industrial use, maybe and I
[2:09:32] won or night too. Property is
[2:09:34] owned by 3 and the
[2:09:36] comprehensive plan recommends
[2:09:38] heavy industrial so staff
[2:09:38] again, I'm jumping to that
[2:09:45] fift. Criteria. Staff believes
[2:09:46] that issues as it has been
[2:09:47] defined and how it is being
[2:09:49] presented today is come is
[2:09:50] consistent with the
[2:09:52] comprehensive plan of heavy
[2:09:52] industrial. There's also been
[2:09:55] a mention of the over the
[2:09:59] overlay of an industrial.
[2:10:03] Industrial over life, which
[2:10:04] then again, Seth believes is
[2:10:04] consistent with being proposed
[2:10:08] here. The unnecessary
[2:10:10] hardship, the staff talks
[2:10:12] about in the Senate and the
[2:10:13] report is the again, the
[2:10:16] absence of a listed use as a
[2:10:17] data center. As we know this
[2:10:21] is you said has recently been
[2:10:24] brought forth in the
[2:10:28] forefront. And I I understand
[2:10:28] there's some other
[2:10:29] jurisdictions that are
[2:10:30] struggling with the same thing
[2:10:31] that we are struggling here in
[2:10:33] terms of defining it and where
[2:10:37] it is appropriate. But again,
[2:10:38] staff believes that is an
[2:10:41] unnecessary heart hardship. So
[2:10:43] for these reasons, staff is
[2:10:44] recommending approval of this.
[2:10:45] However, before I close, I
[2:10:48] would like to get back to the
[2:10:48] comment by Commissioner Lyle
[2:10:52] relative to. The one to get my
[2:10:58] notes Budgeting some money. An
[2:11:00] annual budget. 2 for the
[2:11:01] removal when this is
[2:11:04] decommissioned. Staff would
[2:11:08] also like to add to that is it
[2:11:11] needs part of that should be
[2:11:14] and environmental remediation.
[2:11:14] As part of that
[2:11:17] decommissioning plan. And
[2:11:18] again, you know, setting
[2:11:21] aside. Some type of annual
[2:11:27] budget for that. But then
[2:11:29] staff would like to have some
[2:11:31] clear tight numbers on how
[2:11:33] much that would be rather than
[2:11:33] just making a blanket
[2:11:37] statement. But then again.
[2:11:37] Staff would be glad to answer
[2:11:38] any questions to my questions
[2:11:42] for staff. Commissioner
[2:11:45] Shurmur 2 weeks ago, we passed
[2:11:47] petition that went on to the
[2:11:49] council that regulations for
[2:11:51] for data centers as we were
[2:11:53] trying to play catch-up on the
[2:11:54] whole situation. Yes. How
[2:11:55] would you can that as an apply
[2:11:56] to this case? Because this was
[2:11:58] already in the pipeline, but
[2:12:00] that is coming out. How would
[2:12:02] you compare the commitments
[2:12:05] that we have from the
[2:12:08] developer to what is in was in
[2:12:08] the documents that we passed 2
[2:12:12] weeks ago. I think the
[2:12:14] commitments that have been hit
[2:12:17] provided by petitioner. And
[2:12:19] they have been again, they
[2:12:20] have been amended through
[2:12:21] through this whole process to
[2:12:25] address some of those issues.
[2:12:25] Seth believes those
[2:12:26] commitments that they are
[2:12:27] offering does offer some
[2:12:29] protection and some regulation
[2:12:30] on how that data center is
[2:12:35] going to be regulated and
[2:12:40] again, I think Because of
[2:12:41] those we are supportive of
[2:12:46] this. Do you think anything is
[2:12:47] glaringly missing? Maybe firm
[2:12:48] commitments that based on what
[2:12:51] pushed forward 2 weeks ago.
[2:12:52] The only thing it is what I
[2:12:53] just previously mentioned
[2:12:56] about decommissioning
[2:12:56] expanding that to include some
[2:13:00] kind of annual contribution
[2:13:01] and then also related to that
[2:13:02] would be an environmental
[2:13:06] remediation plan. Budget as
[2:13:09] not contribution budget, I'm
[2:13:10] sorry for the budget and their
[2:13:13] numbers. Yes. Is that
[2:13:14] something that you guys are
[2:13:15] able to quantify later or how
[2:13:18] will that be handled? That's a
[2:13:19] good question because I think
[2:13:22] this is just been presented.
[2:13:24] Just come forward here with
[2:13:25] the petitioners represented.
[2:13:25] Well, Kathleen, on the of the
[2:13:27] hard to quantify yeah, in 5
[2:13:28] minutes and there I agree.
[2:13:32] Don't you think? Yeah. But
[2:13:33] we're going to push to get the
[2:13:37] environmental. Remediation as
[2:13:38] part of Commissioner Wiles
[2:13:40] request on commitments and
[2:13:41] then got to let them work on
[2:13:44] there. Budging on the number.
[2:13:45] And yes, and that it has an
[2:13:47] annual budget. Yes. Further
[2:13:49] questions for Kathleen.
[2:13:52] PRESIDENT Bill on. So just to
[2:13:56] follow up on Bruce, is your
[2:13:58] comments. Cathy, my
[2:13:59] recollection of Su 47 amended
[2:14:04] ordinance that we passed. For
[2:14:06] data centers provided for a
[2:14:09] 400 foot setback from
[2:14:12] protected districts. And this
[2:14:15] is 800 feet 802. Yes, okay.
[2:14:17] And we provided in that
[2:14:18] ordinance. I believe 65
[2:14:21] decibels at the property line.
[2:14:21] And that's consistent with
[2:14:26] what their commitment as this
[2:14:29] Yes. And if this were improved
[2:14:34] by under and I 3 use. Say it
[2:14:38] was industry, media
[2:14:39] manufacturing. Would there be
[2:14:43] a minimum setback from a
[2:14:43] protected district? There
[2:14:45] would And you know what that
[2:14:46] would? I would not know. I'm
[2:14:47] sorry. I would have to look at
[2:14:48] the ordinance on that. Ok?
[2:14:51] Maybe price check on that. I
[2:14:54] can verify. I believe it's 150
[2:14:58] feet. That's what I was 150 or
[2:14:58] 200 years. Only ourselves here
[2:14:59] with proof I write. It would
[2:15:00] be much. It could be much
[2:15:03] closer. That is correct. Yes.
[2:15:07] And then on medium industrial,
[2:15:08] is there a decibel level limit
[2:15:10] at the property line under the
[2:15:10] current ordinance? No, there
[2:15:16] is not okay. Further questions
[2:15:22] for staff. Hearing. None.
[2:15:28] Petitioner. Hold on one
[2:15:43] second, please.
[2:15:54] I'd like to
[2:15:55] get a commitment from as you
[2:16:01] start. 4. Inclusive of
[2:16:03] environmental mediation. That
[2:16:07] goes with Commissioner Lyles.
[2:16:11] Commitment request. The
[2:16:12] verdict given. That's all you
[2:16:13] got to do's and environmental
[2:16:14] mediation of appropriate
[2:16:18] funds. And that needs to be
[2:16:19] worked out with staff to make
[2:16:21] sure they are appropriate.
[2:16:22] Well, that commitment, yes,
[2:16:28] you do. Yes. Thank you. Yes,
[2:16:30] commission good. You're on the
[2:16:33] clock. Go. Thank you. Members
[2:16:36] of the commission as staff is
[2:16:38] showing you in a staffer.
[2:16:40] We're with their commitments.
[2:16:43] Send their expert opinion that
[2:16:43] this request meets the
[2:16:48] findings of facts. The hearing
[2:16:49] examiner found this case meets
[2:16:51] the findings of fact under her
[2:16:54] memo is in your staff report.
[2:16:57] We have experts here today who
[2:16:59] have reviewed the specific
[2:17:01] request and made filings
[2:17:02] inside your binder and inside
[2:17:05] the record that show we meet
[2:17:07] the findings of fact. And to
[2:17:12] that end. Even remind
[2:17:15] straighter the land use chair
[2:17:16] Vinton Community Council
[2:17:20] stated at their JUNE meeting
[2:17:21] that we met the legal
[2:17:22] requirements, specifically the
[2:17:22] findings of fact, if you look
[2:17:28] at tab 20 or tap 88 Page 17 at
[2:17:29] the first full paragraph of
[2:17:30] that transcript from their
[2:17:31] JUNE meeting. The link for
[2:17:33] that video is also in your
[2:17:39] binder. Dc boxes, bill, these
[2:17:40] buildings in other
[2:17:41] jurisdictions. This is not a
[2:17:45] hypothetical. Exercise. It's
[2:17:48] not speculation. We know the
[2:17:49] outcomes unsound. We've done
[2:17:50] the work to better understand
[2:17:55] that. The water. From this
[2:17:56] site is from the employee
[2:18:02] toilets. The employee kitchen
[2:18:03] sink in the landscape. That's
[2:18:05] the only water returning to
[2:18:06] citizens energy, which is the
[2:18:09] same as residential uses or
[2:18:10] commercial uses. And maybe
[2:18:13] even some industrial uses. We
[2:18:13] have a decommissioning plan
[2:18:18] and we are. Appreciate the
[2:18:20] thoughtful comments so we can
[2:18:21] incorporate into additional
[2:18:22] commitment of which we've
[2:18:24] stated. We're in full
[2:18:26] agreement. We would be the 3rd
[2:18:28] and to clean up this
[2:18:29] brownfield. And we think that
[2:18:31] is a huge benefit to the
[2:18:32] community. We believe that
[2:18:34] cleaning up Brownfields is the
[2:18:37] right thing to do. Getting
[2:18:39] these parcels back into the
[2:18:41] tax base is another big
[2:18:42] benefit with Brownfield
[2:18:43] cleanup. This is in compliance
[2:18:47] with items erc. And so we know
[2:18:47] that this can be done. There
[2:18:52] are. 3 buildings and it's been
[2:18:53] stated and it's in the
[2:18:54] Irvington Community Council's
[2:18:56] letter. They did not oppose
[2:18:58] the construction of monarch
[2:19:03] abf or Dandy. It's exact same
[2:19:05] brownfield, its exact same
[2:19:06] type of construction that we
[2:19:13] are looking to do please.
[2:19:14] Believe that edge. No
[2:19:14] facilities with optical
[2:19:16] network gear inside, provide a
[2:19:17] positive benefit for the
[2:19:21] community. We moved that
[2:19:23] building by eliminating the
[2:19:24] other building and moving
[2:19:25] building to further south. We
[2:19:28] moved in an additional 237
[2:19:29] feet to the heart of the
[2:19:30] industrial complex of the
[2:19:31] Thunderbird Commerce Center.
[2:19:35] We have 2 separate property
[2:19:37] tax appraisers that looked at
[2:19:39] this specific impact to
[2:19:39] confirm there are no adverse
[2:19:41] effects on property owners and
[2:19:43] it follows the cop plant. We
[2:19:45] have the sound studies. We
[2:19:48] have talked with isd. We have
[2:19:50] the trip memo reviews this. We
[2:19:54] have done research on air
[2:19:54] quality with Carrick on. We've
[2:19:58] done the comparisons. There's
[2:19:58] a Virginia Department of
[2:20:00] Environmental report there
[2:20:02] that shows Loudoun County,
[2:20:03] which has the most longest
[2:20:05] serving data centers. He's one
[2:20:10] of the healthiest counties in.
[2:20:11] Jen. Yeah, as well as the
[2:20:16] United States of America. And
[2:20:18] as it relates to some of the
[2:20:20] rim on straight ers comments
[2:20:22] will continue to. Educate
[2:20:25] folks and meet with folks and
[2:20:27] have conversations. But I
[2:20:28] think some of the commitments
[2:20:29] are addressed in the
[2:20:31] commitments. They MAY be.
[2:20:32] Difficult to find and we're
[2:20:35] happy Continue to work with
[2:20:38] folks on that. But the
[2:20:40] generators are restricted to
[2:20:42] only power outages outside of
[2:20:46] the control. The property
[2:20:47] owner. So we've worked with a
[2:20:48] number of fremont's traders on
[2:20:50] this language. We've been did
[2:20:52] up and we've made sure that we
[2:20:55] have this only for testing and
[2:20:58] only for power outages.
[2:21:00] Pacific item also regulates
[2:21:02] this. Derek Hahn was able to
[2:21:03] let me know that item
[2:21:04] regulates this, that the
[2:21:05] generators are only running
[2:21:07] when the power's out. And
[2:21:07] we've agreed to let our
[2:21:09] neighbors no one are power
[2:21:11] goes out and win. Those
[2:21:16] generators will. Used. So we
[2:21:19] think addressed a number of
[2:21:20] the concerns and will continue
[2:21:24] to work too work with the
[2:21:25] community, educate the
[2:21:26] community and and discussed
[2:21:33] how they'll be protected here.
[2:21:37] Perfect. Thank you. Time to
[2:21:41] From ice traders, please come
[2:21:41] forward and rice and the
[2:21:42] gentleman who was in line. I'd
[2:21:43] like to make sure you get your
[2:21:50] thoughts in. Please Nancy
[2:21:54] Reset the clock. Please
[2:21:56] introduce yourself. Start
[2:21:58] over. Even sworn address. Go.
[2:22:00] My name is right and her. Yes,
[2:22:02] I have been sworn in. My
[2:22:02] address is 1, 1, 5, 3, to 4
[2:22:03] driving Apple's Indiana for 6
[2:22:08] to 3, 6, I want to point out
[2:22:09] that I think they're going to
[2:22:12] make the ai version of that,
[2:22:13] right? They're going to leave
[2:22:13] us high and dry the way the
[2:22:15] market has been changed ever
[2:22:16] since they introduce token
[2:22:17] based billing for these ai
[2:22:19] stuff, companies, smaller
[2:22:20] enterprise companies have
[2:22:23] blown their entire annual
[2:22:24] budget in a than a quarter.
[2:22:26] You can look at the interview
[2:22:28] with Uber ceo for that jp
[2:22:28] Morgan and other major banks
[2:22:29] increase the risk rating of
[2:22:30] construction debt for building
[2:22:34] these data centers as they go
[2:22:39] into other markets. It's very
[2:22:40] difficult, not impossible to
[2:22:41] repurpose these tempted use
[2:22:47] that very quickly depreciate.
[2:22:49] And over 60% of all venture
[2:22:49] capital in the U.S. Last year
[2:22:50] went I even Google who we know
[2:22:54] has a lot of cash reserves ran
[2:22:55] to market to get over
[2:22:57] 80 billion dollars in venture
[2:22:58] capital before Openai and in
[2:23:00] Tropic could run to the market
[2:23:01] to go public and Openai
[2:23:03] because of their finances
[2:23:04] showed that the costs
[2:23:06] increased linearly with
[2:23:07] revenue. They could not show
[2:23:10] profit, have pushed them going
[2:23:12] public 2027 and now they're in
[2:23:12] a lawsuit for corporate
[2:23:14] espionage. This is not a
[2:23:16] standard development. Should
[2:23:16] not be a variance. The should
[2:23:17] be going through the proper
[2:23:21] procedures. So there are some
[2:23:22] concerns there. I and in
[2:23:24] support of getting some sort
[2:23:25] of bond to make sure that
[2:23:27] we're so well on this. As far
[2:23:31] as the potential moral to the
[2:23:31] community. I am concerned that
[2:23:35] some of that computer would be
[2:23:35] rented out 2 models like Rock,
[2:23:37] which have been shown to
[2:23:38] create child abuse material.
[2:23:41] What commitments that we have,
[2:23:43] that if it is found that
[2:23:43] compute that is being stored
[2:23:45] is being used for that, could
[2:23:49] we have that revoked? But how
[2:23:52] can protect ourselves on that?
[2:23:54] The concerns about the tax
[2:23:55] abatements it with how quickly
[2:23:58] the financial station is
[2:24:00] changing. Maybe lowering that
[2:24:01] tax abatement to like 2 years
[2:24:04] because it's moving very, very
[2:24:06] quickly. Don't write
[2:24:07] computational resources to
[2:24:09] grok and those types of things
[2:24:10] postpone this for a while
[2:24:11] until we can have the
[2:24:13] ordinance for get up. I truly
[2:24:14] for a year because this is a
[2:24:17] lot but a positive. Thank you,
[2:24:17] Reiser. Please introduce
[2:24:20] yourself and your Be mindful
[2:24:24] o'clock. Short clock. Steve
[2:24:27] Key free. 46, north kid Lee
[2:24:27] Avenue. I love Half mile north
[2:24:29] of the proposed site. Even
[2:24:30] Darlie swan. Steve. Yes, I
[2:24:35] have go okay. Appreciate the
[2:24:38] opportunity speak. I have 3
[2:24:40] main questions based on the
[2:24:41] premise that your decisions
[2:24:41] based on what's best for the
[2:24:43] community, not only today, but
[2:24:44] long term. The first question
[2:24:47] is based on the usually
[2:24:48] negative perception of data
[2:24:52] centers. Whether fair or not
[2:24:55] has the staff or anyone looked
[2:24:56] at what is going to be the
[2:24:58] effect on property values of
[2:25:00] residential areas within the I
[2:25:04] love it. I would hate to trade
[2:25:07] 8 income boost right now and
[2:25:09] watch the east side to
[2:25:09] neighborhood with her because
[2:25:11] of the property values as
[2:25:12] people want to move away from
[2:25:16] from the data center. Second
[2:25:17] question and not knowing what
[2:25:21] how process works. Dc Blocks
[2:25:21] has made has made many, many
[2:25:25] pledges add. How is the system
[2:25:27] set up in there? Is there a
[2:25:28] way to hold him accountable
[2:25:29] for the pledge is being made?
[2:25:33] Who does that and what
[2:25:33] consequences if they are not
[2:25:36] meeting their pledges. The 3rd
[2:25:37] question is kind of related,
[2:25:39] but it's more balding, a yes,
[2:25:41] which I understand has made a
[2:25:43] pledge that the data center
[2:25:45] will not impact any bodies.
[2:25:48] Rates. Same question is before
[2:25:50] is the city or who holds a yes
[2:25:53] to keep that pledge in the
[2:25:55] future that the status center
[2:25:56] data centers are not going be
[2:25:58] footed on the bills of
[2:26:00] residential customers. And if
[2:26:02] they tried to do that, who's
[2:26:02] going to find it and how will
[2:26:04] they be held accountable?
[2:26:05] Appreciate the time. Thank
[2:26:10] you. See. La sworn in, I'll
[2:26:12] start my conclusion due to
[2:26:14] time. They've asked us to
[2:26:16] trust them repeatedly their
[2:26:17] best trust them to. But the
[2:26:18] the record tells a different
[2:26:21] story. One of repeated
[2:26:21] mischaracterizations that were
[2:26:22] quietly corrected only when
[2:26:23] they're caught never on their
[2:26:24] own initiative. I have the
[2:26:26] details are going to them. If
[2:26:28] I'm allowed. When we asked for
[2:26:29] real accountability for these
[2:26:29] commitments, the current
[2:26:30] statement of commitments
[2:26:32] answers with these commitments
[2:26:36] MAY the enforced and the short
[2:26:36] list of who MAY and forced
[2:26:39] them notably excludes been
[2:26:40] counselor who represents 97%
[2:26:41] of the populace that lives
[2:26:43] within half of a mile of this
[2:26:45] project. You're being asked to
[2:26:46] grant permanent vested rights
[2:26:46] to a petitioner who has shown
[2:26:49] again and again that what they
[2:26:50] tell our community and how
[2:26:51] they actually intend to
[2:26:53] operate aren't always the same
[2:26:54] thing. And they have no
[2:26:55] intention of allowing us to
[2:26:58] hold them accountable to that.
[2:26:59] Addition to their inability to
[2:27:01] satisfy the 5 findings
[2:27:03] required for a variance you've
[2:27:04] really ask that you can that
[2:27:06] you consider the way to
[2:27:06] commitments to our community
[2:27:07] and that light and maintain
[2:27:07] that the request for a
[2:27:21] variance be denied. Thank you.
[2:27:21] Steve. Can you come back up?
[2:27:28] Please. Let me try to answer
[2:27:29] your questions because I
[2:27:33] thought they Asian that. This
[2:27:37] is very formal record. All the
[2:27:39] commitments will be in the
[2:27:43] record if it passes. Those
[2:27:45] commitments will then be made
[2:27:45] sure they go to code
[2:27:50] ordinance. Enforcement and
[2:27:51] they will follow up along with
[2:27:54] the dmv to make sure those
[2:27:55] commitments are being
[2:27:55] followed. If they are not
[2:27:58] followed. They literally have
[2:28:00] the after several warnings
[2:28:01] have the ability to shut them
[2:28:04] down. So the answer your
[2:28:05] question is yes, the
[2:28:06] commitments are followed up
[2:28:12] on. They are enforced and
[2:28:13] frankly, Steve, I pay
[2:28:16] attention myself. So I'm gonna
[2:28:17] make sure that they do what
[2:28:18] they say they're going to do
[2:28:21] if it passes. Now, your
[2:28:25] question Help me in on that
[2:28:28] one. Come back with that. My
[2:28:29] understanding s has made a
[2:28:30] pledge. I don't remember if
[2:28:32] it's just specific to this
[2:28:34] project or for data centers in
[2:28:35] general that they had made a
[2:28:38] pledge that they would not
[2:28:43] basically pass on the cost or
[2:28:44] providing power to these this
[2:28:45] data center bore all the
[2:28:47] answers. I don't know which
[2:28:51] and that that would not fall
[2:28:52] on PRESIDENT Michel rate rate
[2:28:53] payers. And so the same
[2:28:54] question is how is that held
[2:28:56] accountable to that kind a
[2:28:58] problem us has made that
[2:29:02] commitment. You are correct.
[2:29:02] And they are regulated by the
[2:29:05] State Regulatory Commission
[2:29:06] and it is on file with the
[2:29:08] State Regulatory Commission. I
[2:29:10] you are seaboard and they
[2:29:14] follow up on how that is being
[2:29:17] assessed on charges. So it was
[2:29:21] clearly in their domain. And I
[2:29:22] think there is a lot of
[2:29:25] attention right now on the
[2:29:25] Indian Regulatory Commission
[2:29:28] and they will stay on top of
[2:29:29] not only a yes, but all the
[2:29:36] toys. Thank you, sir. Did this
[2:29:37] staff lucketts and anything as
[2:29:40] far as impact on residential
[2:29:41] property values locations
[2:29:45] close to data centers has that
[2:29:46] been looked It has been looked
[2:29:47] at and has been looked at by
[2:29:49] several members of the
[2:29:51] commission. I won't speak for
[2:29:52] members of the commission, but
[2:29:53] we've not seen anything that
[2:29:58] throws off. Values. Thank you.
[2:30:00] And present PRESIDENT We're
[2:30:03] paying attention to it.
[2:30:04] Kathleen, I don't think we
[2:30:08] have a formal study doing
[2:30:08] what? No, we do not great.
[2:30:10] PRESIDENT Delaune Commissioner
[2:30:12] Murphy. To that end, though
[2:30:15] petitioner has submitted 2
[2:30:18] appraisal analysis as part of
[2:30:20] their evidence or their
[2:30:20] documents supporting that.
[2:30:22] There is not military is
[2:30:24] impact on neighboring property
[2:30:26] values and those are part of
[2:30:27] the record that part of what
[2:30:28] staff review to reach their
[2:30:33] conclusion. That is correct.
[2:30:34] It's in the record and we ask
[2:30:35] you to get them and read get
[2:30:38] comfortable with it.
[2:30:38] Appreciate your Thank you for
[2:30:40] being here. Members of the
[2:30:42] commission. We're going to go
[2:30:49] to our ballots. We have to. We
[2:30:49] have to balance. One is a
[2:30:54] variance. One of plat, their
[2:30:55] companion ballots in order to
[2:30:57] move forward with the plat.
[2:30:57] We'll vote on it on the
[2:31:01] ballot. But under under rules
[2:31:03] and under the law, the
[2:31:03] Metropolitan Development
[2:31:07] Commission. Most to prove and
[2:31:09] fine that the plaque for
[2:31:13] outdated MAY 28 2026. Complies
[2:31:15] with the standards of the
[2:31:16] subdivision regulations
[2:31:18] subject to the following
[2:31:18] conditions. The following 11
[2:31:21] conditions. Kathleen, which
[2:31:26] are on file with. The filing
[2:31:28] and the petitioner. Yes yes.
[2:31:33] There on Page. 52 and 53.
[2:31:34] Commissioner Murphy that made
[2:31:35] the motion. Can I get a
[2:31:40] second? Thank Members of the
[2:31:41] commission. 2 ballots go to
[2:31:55] you about
[2:33:23] First petition is
[2:33:27] 2026 cpa, 8, 1, 5 Dcb
[2:33:29] Indianapolis llc. There were 7
[2:33:31] ballots cast. This is the
[2:33:33] place petition. There were
[2:33:36] yes, 7, yes votes, 0, no
[2:33:37] votes. The place has been
[2:33:50] approved. State income pit
[2:33:52] petition is a companion
[2:33:53] variants petition. Again,
[2:33:57] there were 7 ballots cast.
[2:33:59] There were 6 yes votes, one,
[2:34:01] no vote. The petition, the
[2:34:02] various petition has also been
[2:34:09] approved. Petition has been
[2:34:10] passed. This concludes our