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[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