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Diane, can you test and see if you can hear me?

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We're just testing to see if our online person can hear us.

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We had a couple minutes, though.

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No, I didn't hear anything.

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Can you hear me now, Diane?

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Diane, can you hear us?

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I won't put you all through. That's pretty bad.

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Hello, Diane, can you hear us?

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Okay. So we are going to go ahead and get started with the planning and zoning

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commission meeting of January 2020-26. The Lynn County Planning and Zoning Commission

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meeting will come to order. Can we have a roll call of commission members by the recording

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secretary please. Du Bois. Here. Coons. Here. Sadler. Here. Crats. Here. Okay now the planning

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and development staff will introduce yourselves please.

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Okay and agenda of tonight's meeting

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is located on the table outside the entrance to the boardroom. Please be sure to sign the attendant

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sheet also located on that table. The chairperson will acknowledge anyone wishing to make a comment

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on cases on tonight's agenda. When called please come to the microphone,

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state your name and address and make your comment. Please be respectful of others who may be trying to

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speak and limit your time to five minutes or less. Thank you. The rezoning case on tonight's agenda

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is tentatively scheduled to go to the board of supervisors for first consideration on Monday,

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February 9, 2026 at 10 a.m. in the formal boardroom. The conditional use case on

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tonight's agenda will go to the Board of Adjustment on January 28, 2026 at 6 p.m.

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in the formal boardroom. The tax amendment case for gas generating facilities on

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tonight's agenda is tentatively scheduled to go on the board of supervisors for

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first consideration on Monday, February 2, 2026 at 10 a.m. in the formal boardroom.

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The text amendment case for data centers on tonight's agenda is tentatively scheduled to go to the Board of Supervisors for First Consideration on Wednesday, February 4, 2026 at 6 p.m. at the Paylow Community Center.

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Nominations for Lincoln County Planning and Zoning Commission Chairperson for 2026 will be entertained at this time.

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I'm 19.

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I'll second.

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Okay, so we have a first and a second to nominate Tina for chairperson.

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May I have a roll call vote?

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Or is there any discussion or any other nominations, I guess?

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No, may I have a roll call vote by the secretary to appoint a chairperson for 2026?

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Do Boa?

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Yeah.

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Coons.

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I don't know that I can vote on myself, but sure.

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That's what I thought.

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I abstain.

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Coons.

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Aye.

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Okay.

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Crats.

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Aye.

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Sadler.

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Aye.

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Can Diane hear us now?

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It sounded like we could hear her.

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Sorry.

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Okay.

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Aye.

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Okay.

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Next we will accept nominations for Lynn County Planning and Zoning Commission Vice Chair

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Person for 2026.

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Are there nominations for Vice Chair for 2026?

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I'll nominate.

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Mike.

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Are there any other nominations?

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Okay, so there is, is there a motion to appoint the vice chair person?

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You're motioning to do so. Okay. Is there a second? I'll second. Okay, we have a roll call vote by the secretary to appoint a vice chair person for

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or 2026, Mike is our requested person.

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For act,

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Dubois.

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Aye.

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Coons.

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Aye.

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Cracks.

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Aye.

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Sadler.

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Abstain.

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Okay, now that our annual business is completed, we will move on now to approval of minutes.

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Are there any corrections or revisions to the minutes of the Planning and Zoning Commission

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regular meeting of December 15, 2025?

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Okay,

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hearing no corrections to the minutes, they stand approved as submitted.

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There are no cases for the consent agenda this evening, so we will go on to our regular

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agenda.

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First up is case number PR, 26-001, rezoning 3541, Todd Hills Road, presentation will be

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by staff, Brad Weilam.

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Brad are we considering the two cases together, the case number PC-26-001, conditional use as

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well?

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Sort of, yeah, the presentation will end up being together.

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Obviously, the vote will be separate, but yes.

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So this is for both PR 26 years, there's there one.

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This is a rezoning from the RR3, which is a rural residential three acre to the USRMF,

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which is Urban Services Residential Multifamily,

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as well as a conditional use permit, the PC26001 for a memory care residential care facility.

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This property is at 3541 Todd Hills Road, I'm 11.68 acres, owner Richard Rojak, care

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of Amy Rojak, and the applicant is Jerry Horak.

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So,

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background about the case, this property is currently zoned, RR3, like I mentioned, a real residential 3 acre.

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With a Metro urban service area designation on the land use map for Lynn County, this proposed rezoning would rezone to urban services residential,

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multi-family and the purpose of that is to open up a memory care residential care facility for 14 residents, which is in a loud use with a conditional use permit

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in the U.S.R.M.F. District.

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So that is something that's required for any type of group living facility

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for more than eight residents and nine or more.

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This property did meet and does meet both our minimum levels of service

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as well as met the minimum score for lane evaluation site assessment

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with that score of 198.65 where 105 would be required.

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Some information about the proposed use.

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So the group living facility for more than eight residents, like I mentioned, is an allowed

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use with a conditionally used permit in three zoning districts and our zoning ordinance.

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since the USRMF, that's the proposal here, but it's also allowed in our two commercial districts,

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general and highway commercial, for these type of facilities with eight or fewer.

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It's allowed in any of our residential zoning districts, including the zoning district that it,

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this property currently is, the conditional use permit would allow the future owner

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to convert that existing single-family dwelling that's on the property into this 14-bed facility.

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There is no proposal to demolish and build new buildings as part of this.

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It's purely a renovation of the existing property.

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And yeah,

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As part of this comes some parking regulations, they need to meet one parking space for the facility in general, and then one parking space for every two bedrooms that are there.

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there. They're proposing, I believe, eight bedrooms as part of this. That's where these

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five parking spaces come in. That's the minimum amount that they're allowed and that's

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what they're showing on their site plan that I'll show you here in a little bit. That parking

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as well as the facility or the home in general would also be screened by largely existing

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that's there but they would be adding some additional vegetation to kind of fill in the gaps where that vegetation is not currently in place.

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The business would have two to three employees on site all times and they're estimating approximately 15 vehicle trips per day.

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Okay,

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another kind of important thing is that our ordinance for this type of use requires some sort of way

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to connect to water and sewer for kind of on any neighboring city or anything like that.

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you'll see here in a second this butts up against the City of

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High Wata and they did receive a voluntary, well they received I guess approval to

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use their water and sewer connections but part of that is they had to sign a

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voluntary annexation agreement so that'll come up kind of further in the

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discussion here but a lot of the questions that you might have are might be

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related to that annexation agreement, which is kind of purely between

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Hywaata and the future, I guess the potential owner, so they might be able to answer some questions.

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Kind of on that end of things.

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We did receive a pretty significant amount of public comment so far on this project.

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We've received 13, I think it's up to 14 now.

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emails from different members of the public prior to today's meeting, one of those, at the technical review committee meeting, one of the neighbors presented us with a petition that had 88 signatures on it that were in opposition to the approval of this case, meaning recommending denial.

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A lot of those concerns both in the petition and in the emails that we received kind of highlighted the four main kind of line items that those things were focused on, the main ones being compatibility is this business use versus a residential use allowed what are kind of the other allowed uses in the zoning district.

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if they've rezoning, does get approved.

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And then questions about the annexation and whether or not,

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basically whether or not the voluntary annexation agreement

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should mean that we shouldn't be going through

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with anything with the county,

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versus just waiting for that annexation to happen

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and then have high off the make a call.

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But related to the compatibility,

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As you'll see in some of the photos coming up, pretty much all of the neighboring properties are

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single-family zone, single-family use, the Hayawatha future land use map labels this area as

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kind of low density once it, if it does get annexed into there, that's kind of the proposed type of

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uses that would be allowed there.

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I can go into that a little bit more in the future.

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When it comes to whether this is a business use

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or a residential use,

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this in our zoning ordinance is listed as a residential use.

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It doesn't matter whether the person is running a business

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that it's a residential use.

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It's kind of it's what it is in our ordinance

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and the people there.

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It's their residential place, that's where they're living, all of those things.

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Other uses that are allowed in the USRMF district, it's kind of what you would expect, I guess, with the label multi-family.

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It does allow for multi-family dwellings, so that could mean apartment complexes or anything like that.

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And it also allows for a daycare center sports complex and then all of these group living type of uses this one being like a Alzheimer's dimension memory care facility.

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And then when it comes to annexation, they, like I mentioned, they did sign that volunteer annexation agreement.

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I don't know all of the specifics kind of on that end of things, in my one discussion

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with Haewatha, there wasn't any sort of firm timeline on when that annexation would

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occur, or if basically there's no firm timeline related to that, they just sign this agreement

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to have access to the water and sewer.

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So looking at the property, this is on Todd Hill's road,

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kind of at the intersection with Edgewood there.

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Interstate 380 is just to the east.

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The existing land use here is Metro urban service area.

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Urban services residential multifamily is in allowed.

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I guess that's kind of the path that it would need to take, it would need to have this land use in order to be zoned urban services residential multi-family.

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So it is in line with that land use plan, but all the surrounding uses are both there, they're all single family residential to the north is urban service residential and then right along Todd Hills Road right here is RR-3.

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And I guess on the corner there is RR1, but then the kind of surrounding neighborhood

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inside of Hyawata to this health and to the east here.

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A kind of aerial view of the property.

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This is generally what it would look like after the, if this does get approved, they're not

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not changing too much in terms of any of the natural landscaping, all of those things

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they would be doing a little addition on the house and some additional parking to the

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west of the house, but otherwise this is generally what it would look like.

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So I'm pretty significant topography on the site, especially on the east side of the lot.

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But there is an existing drainage easement that runs in that low area already and wouldn't

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be allowed to do any development in that area because of that restriction.

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This kind of shows that low area will pond down there.

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This is their site plan.

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You can't see it too great on the screen, but they would be doing on the, I guess it's the

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the west side of the house, that's kind of a larger deck going on there to have some outdoor access for the residents and then the additional parking just to the west there as well.

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The existing shed or garage that's there would remain and then they're adding additional screening on the west and yet the west and the north.

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largely to screen both from kind of the visual impacts but if there's any light

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from cars coming in and parking trying to block that as best as they can. Here's

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some images of the property, it's pretty significantly uphill to get up

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there. This is looking directly at the existing dwelling and then east, west, and to

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the south towards that neighborhood.

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So going through the rezoning case first, staff believes that the proposal does meet

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our standards for review.

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It meets land evaluation site assessment score, minimum levels of service, it is served by

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adequate public facilities and of all of the other items underneath the minimum levels of service are met as well and staff believes this does can form with the comprehensive plan.

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There's a number of items in our staff report that we kind of itemize out looking at largely it's kind of our livable communities element.

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resourced protection and transportation elements on the rezoning case, the conditional use case, has a couple other items listed there as well.

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But it's our staff recommendation that all the standards are met for this proposal.

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And so we are recommending approval for the rezoning as we hop over to the conditional use permit.

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Here's kind of the main list of questions that we get asked, and we also believe it meets all the conditional use permit standards for review.

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It conforms with the comprehensive plan through a number of items kind of adding on the economic development and employment opportunities element to those mentioned with the rezoning as well.

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Well, is the site suitable there?

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We believe so, there's no kind of items specific to the property,

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the topography, all of those items can be addressed, and

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the proposed site plan, if any changes do come, do come up,

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they would need to come back through the process, go back to the board of adjustment for

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any significant items like if they added a whole large building or anything like that it would have to go back through the process to the Board of Adjustment for approval.

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And so we think the site is suitable for what's currently proposed.

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Is it compatible with surrounding uses?

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We believe so.

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The exact use that's proposed is something that we believe is compatible.

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level, it'll still be residential in nature.

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There's 14 people living there, but it's mainly just the staff kind of coming and going.

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They would probably have some visitors at times, but with that number of people we don't

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see it being something that would increase traffic to a certain level.

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That would be a large concern and our secondary roads department didn't think so or didn't have

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large concern about needing top grade the road or anything like that. Mainly it's just kind

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of the apron and coming into the property and in particular they would need top grade

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kind of the main entrance. And then can adequate measures be taken to minimize

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any potential adverse impacts we believe so there's a number of conditions that were added that'll

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over here related to the screening, it's not something that is in our ordinance specific

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to this use, but given the concerns from the neighbors, we think we added this condition

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into

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Address any screening and they've shown that on their site plan to be met any, any lighting for outdoor lighting would be required to be downcast. Our secondary roads department, like I mentioned, needs the entrance upgraded to a, to a different standard for the permitted entrance. And kind of lastly, just related to not receiving building permits.

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that's they wouldn't be able to receive any building permits until everything is final.

223
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That would mean since this goes to two different boards, the conditional use goes to the board of adjustment.

224
00:30:42,680 --> 00:30:48,900
The rezoning goes to the board of supervisors and the timeline doesn't totally line up.

225
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This condition kind of allows for if this moves forward and

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is recommended for approval and the board of adjustment approves the case.

227
00:31:02,880 --> 00:31:10,360
they can basically sign off on their end and then you're waiting for whatever the result is

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of the rezoning. So that does kind of lead us to our overall recommendation for both cases

229
00:31:19,620 --> 00:31:21,700
is going to be to recommend approval.

230
00:31:23,960 --> 00:31:28,860
It's from our end of things. It's totally fine if you have a

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00:31:28,860 --> 00:31:33,840
different opinion for each case, they don't have to both be approved, they don't

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00:31:33,840 --> 00:31:40,080
have to both be denied, you could do one or the other and kind of let the next

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board make the final call. So that is my presentation. Are there any questions

234
00:31:48,480 --> 00:31:55,060
on this end of things? Okay. You addressed the annexation a little bit. I think

235
00:31:55,060 --> 00:31:59,580
was my first question, which is it sounds like they've agreed to an anglic station, but there's

236
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not a timeline for that. Is that correct? I think that's the case of the voluntary annexation

237
00:32:04,840 --> 00:32:12,360
form. Maybe the applicant can kind of specify what's exactly in that, but it basically is,

238
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if you're using our services, you agree to be annexed when whenever Haioata wants to annex.

239
00:32:19,720 --> 00:32:24,460
Next, that's kind of the deal that's made in these type of scenarios.

240
00:32:25,020 --> 00:32:33,480
It is something that is done maybe not normally for this type of thing, but for some subdivisions

241
00:32:33,480 --> 00:32:44,500
we'll have this type of deal where they're utilizing city services, but not within the city.

242
00:32:45,180 --> 00:32:55,700
And so usually it's this type of scenario with the voluntary annexation to basically say when the city wants to take you in, you can't fight it necessarily.

243
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But it's not pending.

244
00:32:58,060 --> 00:33:02,520
It's not like it's imminent, but that's necessarily the kind of thing that I don't think anything's been submitted to the state.

245
00:33:03,060 --> 00:33:13,040
We're kind of out of annexation conversations between the state and the city, but it's obviously on the radar.

246
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but I don't know any sort of timeline, so.

247
00:33:16,580 --> 00:33:18,440
Okay, other questions for staff?

248
00:33:19,620 --> 00:33:19,940
And it does.

249
00:33:19,960 --> 00:33:20,880
This is Diane.

250
00:33:21,880 --> 00:33:24,480
I have some questions to be before we're done.

251
00:33:26,240 --> 00:33:29,420
But so my first question is, is this facility

252
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going to be licensed by the Department

253
00:33:30,820 --> 00:33:32,680
of Inspections and Appeals and Licensing?

254
00:33:33,860 --> 00:33:37,040
As far as I know, yes, the applicant can confirm,

255
00:33:37,440 --> 00:33:39,640
but yes, I believe that's the case.

256
00:33:40,660 --> 00:33:47,000
And my second question, because it's a memory care unit, is it going to be a secured facility?

257
00:33:48,640 --> 00:33:50,920
I mean, I'm sure that's another question for the applicant.

258
00:33:51,040 --> 00:33:51,480
Yeah, yeah.

259
00:33:51,820 --> 00:33:52,660
And that's fine.

260
00:33:52,780 --> 00:33:55,380
They do have a presentation also to give on this.

261
00:33:55,700 --> 00:34:04,780
So before moving forward, you could call on them to do their presentation, but yeah, anything

262
00:34:04,780 --> 00:34:05,780
else, Diane?

263
00:34:08,180 --> 00:34:12,980
I think those are the two questions that I wanted to ask, and then I'll have a comment at the very end.

264
00:34:14,460 --> 00:34:17,460
Any questions, other questions for staff at this time?

265
00:34:20,080 --> 00:34:23,900
Okay, I would ask for the applicant to make their presentation.

266
00:34:25,780 --> 00:34:28,720
Especially if you can address some of the additional questions, that would be great.

267
00:34:42,450 --> 00:34:44,410
My name's Jerry Horack, I'm the applicant.

268
00:34:44,850 --> 00:34:49,190
This is Natalie Ramirez, she's the architect that is working with me on this project.

269
00:34:49,190 --> 00:34:50,310
So

270
00:34:58,280 --> 00:35:06,180
purpose is to allow for a large group home residential memory care for greater than eight beds with the conditional use permit.

271
00:35:06,700 --> 00:35:10,300
Like Brad said current zoning allows for a few feet or fewer.

272
00:35:13,870 --> 00:35:17,090
Hi everyone, Natalie Ramirez.

273
00:35:18,010 --> 00:35:24,530
Yeah, so currently where the site is limited to eight beds, the desired bed count is 14.

274
00:35:25,430 --> 00:35:29,710
So, our application is for both rezoning in order to be able to apply for the conditional

275
00:35:30,770 --> 00:35:31,290
use.

276
00:35:37,140 --> 00:35:42,780
To answer Commissioner Diane's question, yes we are going to be licensed by a dial before

277
00:35:42,780 --> 00:35:48,660
you've been in conversations with them which is pretty routine for a project of this type.

278
00:35:51,730 --> 00:35:57,090
So, in order for the residents to be accepted in this facility, the primary care position

279
00:35:57,090 --> 00:36:02,890
needs to provide an order for admission and it has a series of conditions that get re-reviewed

280
00:36:02,890 --> 00:36:08,110
every couple months. It certifies that the resident doesn't need to live in a direct

281
00:36:08,110 --> 00:36:14,830
nursing care home, so this isn't a hospital, this is a residential care facility. The residents

282
00:36:14,830 --> 00:36:18,610
would require generally assistance with bathing and grooming and eating.

283
00:36:20,770 --> 00:36:22,050
Their state of dementia

284
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and functionality disability makes it unsafe generally for them to be at home alone or without

285
00:36:26,690 --> 00:36:34,310
24-7 care registered nurse assesses the residents monthly to ensure the residents are at

286
00:36:34,310 --> 00:36:39,010
appropriate level of care because, again, this is really about meeting those where they

287
00:36:39,010 --> 00:36:42,530
are and reassessing what is best and most safe for them.

288
00:36:43,250 --> 00:36:47,550
And the primary care physician also reviews every three months.

289
00:36:54,940 --> 00:36:59,800
So as part of a dial, they set requirements for training of staff and also for the actual

290
00:36:59,800 --> 00:37:04,600
facilities, size of bedrooms, type of resources provided.

291
00:37:05,060 --> 00:37:09,380
In terms of security, they do have a mandate that when you do provide outdoor space,

292
00:37:09,380 --> 00:37:10,720
that needs to be contained.

293
00:37:11,260 --> 00:37:16,380
And so a big part of us having, providing a deck is that they have the opportunity to be in an outdoor space,

294
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but it's secure and it's safe.

295
00:37:19,460 --> 00:37:28,300
And staff is present, available 24-7, they do not sleep on site, they have different rotations throughout the day.

296
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And there are magnetic door locks, so access into the facility is secure.

297
00:37:36,980 --> 00:37:39,800
So this project is part of a franchise.

298
00:37:40,300 --> 00:37:42,080
This is a nationwide franchise.

299
00:37:42,080 --> 00:37:47,720
It's an operating multiple states, a very similar to what we see here.

300
00:37:47,980 --> 00:37:49,220
They are single family homes.

301
00:37:49,640 --> 00:37:53,140
Again, the idea for those with dementia, and

302
00:37:53,140 --> 00:37:58,760
Alzheimer's is a place that feels like home even if they don't know it's their home at that moment.

303
00:37:58,760 --> 00:38:00,840
is really one of the best places for them.

304
00:38:01,680 --> 00:38:03,400
And so this is a very popular model.

305
00:38:04,140 --> 00:38:07,780
There are multiple, it's a little franchise-based in Omaha.

306
00:38:08,960 --> 00:38:11,480
But again, multiple states, this would be the first one in Iowa.

307
00:38:12,840 --> 00:38:17,100
It will be owned by Jerry, who is a nurse.

308
00:38:17,400 --> 00:38:18,580
He's been practicing for quite a while.

309
00:38:19,580 --> 00:38:23,060
He is trained, and this is really a passion project for him.

310
00:38:23,740 --> 00:38:25,400
The model of care really promotes, again,

311
00:38:25,440 --> 00:38:27,320
that smaller, more personalized environment.

312
00:38:28,100 --> 00:38:30,400
It's something that doesn't currently exist in the area.

313
00:38:31,510 --> 00:38:34,600
It really promotes the person and family centric design.

314
00:38:41,470 --> 00:38:45,520
So the fact of the renovations, everything is largely interior.

315
00:38:45,740 --> 00:38:51,680
There are some upgrades to the facade, again, just to upgrade the curb appeal.

316
00:38:52,100 --> 00:38:52,860
And again, we have it.

317
00:38:53,020 --> 00:38:56,200
Have that really cohesive residential field.

318
00:38:56,620 --> 00:39:00,120
I believe the structure was added onto twice already.

319
00:39:00,120 --> 00:39:04,560
So really the upgrades will be related to making it

320
00:39:04,560 --> 00:39:08,460
AD accessible, beating the current life safety regulations

321
00:39:08,460 --> 00:39:13,440
that would come with the change of use, enhancements

322
00:39:13,440 --> 00:39:16,480
to promote resonant mobility, setting handrails,

323
00:39:16,640 --> 00:39:19,180
and adjusting the floor transitions that currently exist,

324
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converting the touch garage into an additional living space

325
00:39:22,800 --> 00:39:26,240
again since they are contained to a structure we want

326
00:39:26,240 --> 00:39:31,420
to provide ample space for them to continue to live and thrive.

327
00:39:32,220 --> 00:39:34,240
Again, the deck has really added one.

328
00:39:34,540 --> 00:39:36,040
As an amenity, there's really great views

329
00:39:36,040 --> 00:39:38,540
from the top of that property, but also

330
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to provide a safe space for the residents.

331
00:39:41,720 --> 00:39:43,200
There are going to be improvements

332
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to the landscaping, including supplemental vegetation,

333
00:39:46,460 --> 00:39:48,840
to really screen the vehicular headlights.

334
00:39:50,540 --> 00:39:53,380
And we're only proposing the additional required parking

335
00:39:53,380 --> 00:39:55,280
to meet the code required minimum.

336
00:39:55,280 --> 00:39:59,980
really our residents aren't drivers and so it's really just to me we're providing

337
00:39:59,980 --> 00:40:04,760
what is required and nothing additional in terms of parking spots.

338
00:40:08,920 --> 00:40:09,720
With regards

339
00:40:09,720 --> 00:40:14,440
to the voluntary annexation we approached City of Haiawatha requesting a

340
00:40:14,440 --> 00:40:19,020
connection to the water and sewer and they said yes on the condition that we would

341
00:40:19,020 --> 00:40:25,580
sign a voluntary annexation agreement. The agreement has been signed it is up

342
00:40:25,580 --> 00:40:27,740
to them to decide when they will require it.

343
00:40:27,860 --> 00:40:29,880
They did not say six months a year.

344
00:40:30,040 --> 00:40:32,500
It just said that yes, you're able to connect on the condition

345
00:40:32,500 --> 00:40:34,840
that when we decide that it's an appropriate time,

346
00:40:35,040 --> 00:40:37,200
we will begin the annexation process.

347
00:40:38,260 --> 00:40:42,860
Again, it's primarily to address the utilities right now.

348
00:40:43,040 --> 00:40:45,540
It's a septic system, which is the 60s.

349
00:40:45,940 --> 00:40:48,200
The well, we think is also at least 60 years old.

350
00:40:49,340 --> 00:40:51,420
But really just again, for the health and safety

351
00:40:51,420 --> 00:40:54,460
of the population we're serving, it really makes sense

352
00:40:54,460 --> 00:40:56,380
to have that reliable source of water.

353
00:40:58,040 --> 00:40:59,420
And then as part of that agreement,

354
00:40:59,780 --> 00:41:03,420
it'll revert to essentially the same RR3

355
00:41:03,420 --> 00:41:06,780
or similar that Piawatha has, but the conditional use

356
00:41:06,780 --> 00:41:09,120
will be grandfathered in, when that occurs.

357
00:41:12,360 --> 00:41:15,920
Some just metrics, so currently there's

358
00:41:15,920 --> 00:41:18,160
about 3,000 people in the county living with dementia.

359
00:41:18,860 --> 00:41:21,560
A lot of the options, again, are larger-scale facilities.

360
00:41:22,320 --> 00:41:24,240
The oldest baby who returns 80 this year.

361
00:41:25,780 --> 00:41:32,860
There's a significant need for an increase of senior services, and really there's just

362
00:41:32,860 --> 00:41:38,260
a lot of demographic changes to Chris family size, increases of prevalence of single people,

363
00:41:38,700 --> 00:41:40,200
and also people living longer.

364
00:41:43,770 --> 00:41:48,490
So opportunities, this is a really great opportunity for an alternate housing option for those living

365
00:41:48,490 --> 00:41:49,010
with dementia.

366
00:41:49,650 --> 00:41:54,730
This is aligned with the zoning goals to encourage a variety of housing types, really being able

367
00:41:54,730 --> 00:41:58,430
to serve Lynn County in a different way.

368
00:41:59,290 --> 00:42:04,610
The economic benefits, again, that will be employing a few,

369
00:42:04,830 --> 00:42:10,230
for how many you're thinking around 10 employees,

370
00:42:10,350 --> 00:42:11,810
because again, it's the 24-hour shifts

371
00:42:11,810 --> 00:42:14,470
that are broken down per dials requirements.

372
00:42:15,690 --> 00:42:18,310
And then also, significant improvements to the home,

373
00:42:18,590 --> 00:42:20,230
but with as light of touch as possible,

374
00:42:20,390 --> 00:42:21,190
you want to be a good neighbor,

375
00:42:21,430 --> 00:42:24,070
we want to be a good neighbor,

376
00:42:24,070 --> 00:42:25,290
and really serve that community.

377
00:42:26,690 --> 00:42:33,910
What drew us to the area is the lot also is kind of what we would like to maximize

378
00:42:33,910 --> 00:42:36,250
the use of and have it for their enjoyment.

379
00:42:42,720 --> 00:42:44,380
Thank you for your time and consideration.

380
00:42:44,820 --> 00:42:45,560
Welcome, any questions?

381
00:42:48,070 --> 00:42:53,590
What these situations is, like, this is the worry about opening the door for something else.

382
00:42:54,190 --> 00:42:56,250
Obviously, this is your plan at this time.

383
00:42:57,050 --> 00:42:58,650
What's your future plan?

384
00:42:58,650 --> 00:43:03,850
Like, would you plan to build another facility on the land, or what would it be?

385
00:43:04,150 --> 00:43:12,470
No. I like it how it is. I think 14 is a good number. Everything to the east of it seems to me not to be

386
00:43:13,130 --> 00:43:20,110
developable. And then everything in front of it would kind of take away from the view and what I'm going for.

387
00:43:20,350 --> 00:43:22,710
Plus it's kind of a pretty steep hill. I don't know how

388
00:43:22,710 --> 00:43:25,910
So, um, developable, it is.

389
00:43:26,550 --> 00:43:26,910
Okay.

390
00:43:28,150 --> 00:43:33,810
Other commission members, uh, Diane, did you want to follow up on your questions for the applicant?

391
00:43:36,410 --> 00:43:43,930
Um, well, I like, I like where you're going with this, um, you know, integrating elderly people into the community, especially when they have dementia.

392
00:43:44,510 --> 00:43:52,250
The, um, statistics show that they do much better in this kind of an environment than the larger, larger settings.

393
00:43:52,250 --> 00:44:04,170
So, but I think it is important to consider to ensure when you have a memory care unit that safety and security and it sounds like that you've done that so I appreciate that.

394
00:44:05,830 --> 00:44:14,390
When you said magnetic locks, I think you might have said something about like to get in but it would also be a magnetic lock for exit or how does that work?

395
00:44:14,390 --> 00:44:16,590
So they're attached to the fire system.

396
00:44:16,970 --> 00:44:21,010
So if the fire alarm goes off, then they unlock.

397
00:44:21,650 --> 00:44:23,870
So they can exit easily.

398
00:44:24,530 --> 00:44:26,490
But otherwise, it's a magnetic lock.

399
00:44:26,570 --> 00:44:27,690
It's locked all the time.

400
00:44:28,070 --> 00:44:29,890
And then staff would have a way to get in and out.

401
00:44:30,090 --> 00:44:30,470
Checked.

402
00:44:30,690 --> 00:44:32,250
OK, thank you for explaining that.

403
00:44:32,950 --> 00:44:34,670
Other questions from commission members?

404
00:44:41,970 --> 00:44:44,130
OK, we're going to do public comment.

405
00:44:44,250 --> 00:44:46,830
There may be questions again, but we will.

406
00:44:47,570 --> 00:44:50,270
Now I will open the floor for public comments.

407
00:44:50,850 --> 00:44:55,090
If you would like to make comments on this topic, please come to the microphone, state

408
00:44:55,090 --> 00:44:58,770
your name and address, and then we would ask that you keep your comments to five minutes

409
00:44:58,770 --> 00:44:59,970
so that everybody has-

410
00:45:00,000 --> 00:45:19,420
As a chance to speak. And I know we have a lot of people who mark just. I don't know which case that is. So if it's not this case, we'll come back to it for the next case. And I'll check with you on that one. So if it is this case, we'll start with Jerry Hort. You already spoke. Yeah. I'm assuming you don't want to speak on the other two cases. I'm going to check you off. Charlene Larson.

411
00:45:23,560 --> 00:45:33,260
Charlene Larson. My address is 3528 timber Ridge Trail. Like I said, my name is Charlene Larson. I'm speaking on behalf of myself and my husband.

412
00:45:33,260 --> 00:45:35,140
and Brett, who's unable to be here this evening.

413
00:45:35,640 --> 00:45:39,120
We've lived at 35, 28th and average trail for 21 years.

414
00:45:39,340 --> 00:45:41,020
Our property sits immediately north

415
00:45:41,020 --> 00:45:43,340
of the 35, 41 Todd Hills Road.

416
00:45:43,740 --> 00:45:45,680
Because of that, any change to this parcel

417
00:45:45,680 --> 00:45:47,400
directly affects our daily lives.

418
00:45:48,120 --> 00:45:49,980
I'm here tonight to express our strong opposition

419
00:45:49,980 --> 00:45:51,260
to the rezoning request

420
00:45:51,260 --> 00:45:53,520
and the conditional use permit for this property.

421
00:45:54,100 --> 00:45:56,420
We've previously submitted two detailed letters

422
00:45:57,420 --> 00:46:00,080
and also signed the petition outlining our concerns

423
00:46:00,080 --> 00:46:02,520
of both Lynn County and Hayawatha Planning and Zoning

424
00:46:02,520 --> 00:46:08,060
and Lincoln border supervisors. I did bring copies of those. I need to submit those also tonight.

425
00:46:09,060 --> 00:46:13,780
I want to highlight the most important parts of our opposition. Firstly, the proposed

426
00:46:13,780 --> 00:46:19,400
rezoning to urban services residential, multi-family is simply not compatible with this area.

427
00:46:20,000 --> 00:46:24,440
The zoning category doesn't exist anywhere nearby and applying it to a single parcel surrounding

428
00:46:24,440 --> 00:46:30,220
entirely by low-density rural residential homes would create a zoning island with no compatible

429
00:46:30,220 --> 00:46:35,140
neighbors. What we understand is that once that zoning is in place it's permanent. That future

430
00:46:35,140 --> 00:46:40,140
owners could pursue much higher intensive development such as multi-story, multi-family buildings

431
00:46:40,140 --> 00:46:45,060
without any public review. That's a long-term risk that would fundamentally change the character

432
00:46:45,060 --> 00:46:51,200
of our neighborhood. We really don't want a big sports complex or condos in apartment buildings

433
00:46:51,900 --> 00:46:58,400
behind our property. Second, the proposal does not align with the what we understand to be the

434
00:46:58,400 --> 00:47:03,740
adopted planning documents, the adjacent city of Hyawata and the comprehensive plan designates

435
00:47:03,740 --> 00:47:08,380
the area's low density residential, the proposed zoning and intended use do not match that

436
00:47:08,380 --> 00:47:13,220
designation, approving this request to require the board to disregard both the link county

437
00:47:13,220 --> 00:47:18,760
unit and unified development code in Hyawata's long-range land use plans, the plans exist

438
00:47:18,760 --> 00:47:22,940
to guide responsible development and the proposal doesn't seem to fit with that.

439
00:47:23,560 --> 00:47:27,900
Third, the conditional use permit being requested is not for multi-family housing as for an

440
00:47:27,900 --> 00:47:32,880
institutional memory care facility with 14 residents and the potential for future expansion,

441
00:47:33,300 --> 00:47:35,560
although he said he didn't plan to do that.

442
00:47:36,580 --> 00:47:41,120
This type of use requires specialized building structure staffing needs, licensing and emergency

443
00:47:41,120 --> 00:47:44,380
response capabilities with fire and rescue ambulance services.

444
00:47:44,740 --> 00:47:49,880
It's not the kind of use the USR-MF zoning district was designed for and it's not compatible

445
00:47:49,880 --> 00:47:52,440
with the surrounding single family homes on large logs.

446
00:47:53,100 --> 00:47:57,140
Fourth, we have serious concerns about the long term use of the property from what we understand

447
00:47:57,140 --> 00:48:01,940
the proposed facility is tied to a commercial franchise model, if the business changes hands

448
00:48:01,940 --> 00:48:06,920
or fails, the U.S.R.M.F. zoning would remain in place permanently. That opens the door to

449
00:48:06,920 --> 00:48:11,140
other high intensity or commercial uses would be completely out of place in our neighborhood.

450
00:48:11,800 --> 00:48:14,740
Once the zoning changes, it can't be undone from what we understand.

451
00:48:15,520 --> 00:48:21,420
We also emphasize the very real impacts. This proposal would put on our daily lives, increased lighting

452
00:48:21,420 --> 00:48:25,860
and light pollution, more frequent garbage and delivery truck noises and noise pollution.

453
00:48:25,860 --> 00:48:38,100
The backup beeping of all those vehicles, periodic emergency vehicles responding to balls or injuries and the associated noise and traffic from all those things would all affect this quiet rural environment we've moved care to enjoy.

454
00:48:39,120 --> 00:48:52,060
These are not hypothetical concerns for us and our neighbors, but they are real life predictable outcomes that the proposed use vegetation was mentioned vegetation to word onto the north is barely sparse.

455
00:48:52,620 --> 00:48:58,300
from our yard into that property. Most of the vegetation that's existing there now is on our own property.

456
00:48:58,780 --> 00:49:10,200
The other vegetation is high with not much blocking lower. If vegetation is added, my concern with that would be that it takes a long time for vegetation to fill in, get big.

457
00:49:10,800 --> 00:49:21,060
So with all that said, we understand that the board may still choose to approve the conditional use permit. If that is the direction the board intends to go, we respectfully ask you to consider an alternative approach

458
00:49:21,060 --> 00:49:25,420
that would significantly reduce the long-term risk to the neighborhood based on our conversation

459
00:49:25,420 --> 00:49:26,300
with the planning staff.

460
00:49:26,300 --> 00:49:29,620
We understand that the board and planning and zoning commission do have the authority

461
00:49:29,620 --> 00:49:34,940
to allow this specific conditional use permit under the existing RR3 zoning by recommending

462
00:49:34,940 --> 00:49:36,180
an ordinance adjustment.

463
00:49:36,500 --> 00:49:40,180
This would allow the applicant to pursue their intended use without permanently changing

464
00:49:40,180 --> 00:49:42,240
the zoning to U.S.R.M.F.

465
00:49:42,840 --> 00:49:47,760
Keeping the RR3 zoning would maintain compatibility with the surrounding area, avoid setting

466
00:49:47,760 --> 00:49:53,160
a new precedent and preventing future high-intensity development that could occur with our public

467
00:49:53,160 --> 00:49:53,500
input.

468
00:49:53,740 --> 00:49:57,380
It is far more responsible and a balanced approach that the additional use permit is going

469
00:49:57,380 --> 00:49:58,080
to be approved.

470
00:49:58,620 --> 00:50:02,580
In closing, we respectfully ask the board to deny both the rezoning request and the conditional

471
00:50:02,580 --> 00:50:03,240
use permit.

472
00:50:03,680 --> 00:50:07,980
But if the board chooses to approve the conditional use permit, we strongly urge you to do so under

473
00:50:07,980 --> 00:50:10,200
the existing RR3 zoning.

474
00:50:10,380 --> 00:50:13,840
This protects the long-term character of the neighborhood while still giving the applicant

475
00:50:13,840 --> 00:50:14,500
a path forward.

476
00:50:15,160 --> 00:50:18,560
please remember that you'll be making a decision that we and our neighbors have

477
00:50:18,560 --> 00:50:23,120
to live with on an ongoing basis, not just now, but in the extent of future.

478
00:50:23,500 --> 00:50:28,820
Thank you for your timing consideration. Thank you so much. Greg Epping?

479
00:50:32,590 --> 00:50:33,030
Good evening.

480
00:50:33,730 --> 00:50:40,890
My name is Greg Epping, 35-24 Timber Ridge Trail. I own a house just to the

481
00:50:40,890 --> 00:50:45,810
north of the proposed change. I'm a neighbor of Charleston of the

482
00:50:45,810 --> 00:50:47,710
Rangers who you might hear from them.

483
00:50:48,590 --> 00:50:50,990
I'm also licensed attorney in the state of Iowa,

484
00:50:51,570 --> 00:50:53,490
have been for over 40 years.

485
00:50:54,970 --> 00:50:57,570
And a good part of that in the last 20 years

486
00:50:57,570 --> 00:50:58,810
has been with real estate.

487
00:51:00,370 --> 00:51:02,530
One thing that bothers me about the staff report

488
00:51:02,530 --> 00:51:05,410
and whole presentation is what's being glossed over.

489
00:51:06,270 --> 00:51:07,630
This is spot zoning.

490
00:51:08,610 --> 00:51:09,950
There's no way around it.

491
00:51:10,050 --> 00:51:10,510
And I don't know.

492
00:51:11,750 --> 00:51:12,930
Nobody's talked about it.

493
00:51:13,050 --> 00:51:14,310
It's part of the presentation.

494
00:51:14,310 --> 00:51:22,070
If you look at the staff report, page two, they talk about the surrounding land uses in zoning.

495
00:51:23,030 --> 00:51:28,170
To the north of the residential, which includes my property, Charlene's property, the reader's property,

496
00:51:29,090 --> 00:51:34,110
to the south, its residential city of Hyawatha, to the east, its residential,

497
00:51:35,050 --> 00:51:37,810
to the west, its residential, all single family dwelling.

498
00:51:38,630 --> 00:51:52,730
Now, how does I.O.L.I. defining spot zoning? Spot zoning occurs when a specific parcel of land is reclassified with zoning uses and regulations that differ significantly from surrounding properties.

499
00:51:53,270 --> 00:52:01,510
This is a textbook example of spot zoning. So, what are the requirements? What needs to be taken into consideration?

500
00:52:01,510 --> 00:52:10,310
There needs to be an articulated, reasonable justification for making that difference and what is that justification.

501
00:52:11,090 --> 00:52:16,730
We've heard a lot about this as an Alzheimer's unit, this is going to benefit people, this is a passion.

502
00:52:17,950 --> 00:52:27,570
I have no argument with any of those, but also keep in mind which has been talked about is the fact that this is going to be a money-making business.

503
00:52:27,570 --> 00:52:33,270
I mean there's I don't think the applicant can deny that he's going to be operating a franchise

504
00:52:33,270 --> 00:52:40,270
and it's part of that franchise is that he's working with part of that pitch is setting up these

505
00:52:40,270 --> 00:52:47,830
businesses in order to supplement your income. I'm not against making money believe me but this

506
00:52:47,830 --> 00:52:54,910
isn't the time and place to be doing that with a spot zone in this particular area and for those

507
00:52:54,910 --> 00:53:03,530
reasons, echoing Ms. Arson and the others who might be talking, we're asking our

508
00:53:03,530 --> 00:53:10,630
mass to the board to deny this application. Thank you. Okay, thank you. Next up is

509
00:53:10,630 --> 00:53:11,710
Mike Crilley.

510
00:53:21,570 --> 00:53:27,750
My name is Mike Crilley. I live at 3569 Timberridge Trail and our

511
00:53:27,750 --> 00:53:34,010
property is immediate in the immediate vicinity of 3541 Todd Hills Road. We in

512
00:53:34,010 --> 00:53:37,790
In fact, our property butts up to Todd Hills Road,

513
00:53:38,390 --> 00:53:40,270
we're going to the north of Todd Hills Road.

514
00:53:41,270 --> 00:53:46,190
As a 25-year resident in Lincoln, my wife and I

515
00:53:46,190 --> 00:53:49,050
are strongly opposed to any annexation or rezoning

516
00:53:49,050 --> 00:53:51,270
along Todd Hills Road that is not

517
00:53:51,270 --> 00:53:56,490
sown for single-family dwelling 26 years ago.

518
00:53:56,770 --> 00:54:00,390
We purchased the 10 acres of land to get away from city lights,

519
00:54:00,790 --> 00:54:02,050
noise, traffic.

520
00:54:02,050 --> 00:54:08,990
In fact, when we built our forever home, you could look up the sky and see stars and you

521
00:54:08,990 --> 00:54:10,070
could see meteors.

522
00:54:10,730 --> 00:54:17,010
And as Hayawata has continued to grow north towards us, you see less and less.

523
00:54:18,450 --> 00:54:24,290
Like I said, we have seen Hayawata slowly marching north towards our country living and continue

524
00:54:24,290 --> 00:54:32,030
to erode our peace and quiet with increased light, noise pollution as well as heavily increasing

525
00:54:32,030 --> 00:54:39,430
traffic, the rezoning will detrimentally affect our area in our environment with added light

526
00:54:39,430 --> 00:54:45,850
pollution, noise pollution, increased traffic, and also have an impact on wildlife.

527
00:54:46,830 --> 00:54:52,210
We feel that any rezoning or annexation of the aforementioned property other than single

528
00:54:52,210 --> 00:54:58,750
family zoning will be one more footstep the highway author makes towards us, increasing the

529
00:54:58,750 --> 00:55:07,630
light, the noise pollution, traffic, and what could become for development along Todd Hill's road.

530
00:55:09,190 --> 00:55:14,450
Please also consider that we are not looking at just 14 beds with 14 residents.

531
00:55:14,990 --> 00:55:24,350
We also consider the increase of visitors, support staff, personnel that you need to take care of

532
00:55:24,350 --> 00:55:25,730
14 people.

533
00:55:26,870 --> 00:55:33,510
We also feel that these rezoning changes or annexation will set a dangerous precedent for

534
00:55:33,510 --> 00:55:39,870
anyone else who requires requests rezoning changes or annexation along Todd Hills Road.

535
00:55:41,470 --> 00:55:45,970
The idea of thinking of a few years down the road, I don't want to do this anymore.

536
00:55:46,550 --> 00:55:48,750
I can sell it somebody is already zoned.

537
00:55:49,170 --> 00:55:50,930
I don't have to, I can tear that house down.

538
00:55:50,930 --> 00:55:57,490
I can build up multiple family dwellings, that's the total foothold we don't want.

539
00:55:58,830 --> 00:56:05,450
We hope you will consider these comments and concerns of myself and our neighbors and

540
00:56:05,450 --> 00:56:12,470
keep 3541 Todd Hills Road and the surrounding countryside zoned only for single family dwelling.

541
00:56:13,070 --> 00:56:19,010
You can keep the city living out of our neck of the woods and keep our country living secured

542
00:56:19,010 --> 00:56:24,300
By not permitting any rezoning or annexation. Thank you for your time. Thank you

543
00:56:26,720 --> 00:56:31,480
Natalie Ramirez and it's okay. That's oh sorry. Yep. Gotcha

544
00:56:32,220 --> 00:56:37,740
Michael Schmidt. Oh, yep. Was this about this or something else? Okay, perfect

545
00:56:38,920 --> 00:56:41,100
Jim Conlon Craig

546
00:56:46,290 --> 00:56:46,910
Wagner

547
00:56:48,050 --> 00:56:49,710
Was it about this? Okay,

548
00:56:55,600 --> 00:56:56,740
good evening

549
00:56:57,480 --> 00:57:01,580
My name is Colonel Craig Winger, retired U.S. Army.

550
00:57:02,340 --> 00:57:08,060
I live at 2913 Diamondback Road, which is to the south of Todd Hills Road.

551
00:57:11,010 --> 00:57:18,590
I think the people that have spoken before me have done tremendously, and so I'm not

552
00:57:18,590 --> 00:57:23,170
going to repeat their concerns for time sake.

553
00:57:24,430 --> 00:57:32,110
One question that I have, most of these observations or comments are in the form of a question.

554
00:57:33,470 --> 00:57:38,650
I heard ten employees would be the estimated staffing level.

555
00:57:38,890 --> 00:57:46,710
I would be interested in knowing what the split is between a daytime shift and a nighttime shift.

556
00:57:46,710 --> 00:57:47,770
If

557
00:57:52,250 --> 00:57:59,730
the daytime shift is considerably more given the needs of the patients, it would make

558
00:57:59,730 --> 00:58:00,150
sense.

559
00:58:00,210 --> 00:58:06,530
It would be possibly in the 60-40 or somewhere around that nature.

560
00:58:07,290 --> 00:58:17,370
So my question next is, what are the state's minimum evacuation time requirements for a facility

561
00:58:17,370 --> 00:58:27,510
like this, for the institutionalized, is it five minutes? Is it 10 minutes? If the staffing

562
00:58:27,510 --> 00:58:36,510
level is two people at night, can two people at night evacuate 14 mentally, let's say

563
00:58:36,510 --> 00:58:45,350
Alzheimer's, inflicted people in a time where a burning building is taking place, these

564
00:58:45,350 --> 00:58:52,370
These patients would be confused from the sirens, the water sprinkler system, the smoke

565
00:58:52,950 --> 00:59:00,190
can two people adequately evacuate 14 people in a timeline that would be presented.

566
00:59:00,570 --> 00:59:02,170
I wouldn't want to be number 14.

567
00:59:05,780 --> 00:59:09,260
Where will the water and sewage hookup take place?

568
00:59:09,880 --> 00:59:13,540
Will it be a long edgewood road or a long Todd Hills road?

569
00:59:13,540 --> 00:59:20,400
So, what's going to be the impact on the surrounding neighborhood residents when that

570
00:59:20,400 --> 00:59:21,660
work is going on?

571
00:59:24,580 --> 00:59:39,020
And again, I will just underscore that I think this also sets a precedent for a different

572
00:59:39,020 --> 00:59:50,700
use in the future should this facility not come to be, but not exist down the road in five or ten years.

573
00:59:51,460 --> 00:59:56,940
And that's a question that nobody can answer as to what might replace it.

574
00:59:57,340 --> 00:59:58,220
And that's a concern.

575
00:59:58,960 --> 00:59:59,980
I thank you for your time.

576
01:00:00,000 --> 01:00:01,900
Thank you.

577
01:00:04,310 --> 01:00:05,610
Todd Midden.

578
01:00:08,390 --> 01:00:08,790
My

579
01:00:14,290 --> 01:00:35,430
name is Todd J. Miller. I live at 35, 23 Timber Ridge Trail. I'll be very brief here. This is a business. And to me, this is analogous to putting a 20-fire convenience store in the middle of Bowman Woods. Who knows what's going to happen in the future? Businesses fail. Businesses get bought by new owners.

580
01:00:36,270 --> 01:00:38,790
Who knows what the new owner is going to do in this property?

581
01:00:39,410 --> 01:00:41,350
Think long-term. Think 10 to 20 years.

582
01:00:44,380 --> 01:00:45,440
We have to live there.

583
01:00:46,880 --> 01:00:48,940
I pay over 9,000 year in property taxes.

584
01:00:49,200 --> 01:00:51,440
And I strongly object to this proposed rezoning.

585
01:00:52,140 --> 01:00:52,540
Thank you.

586
01:00:53,540 --> 01:00:54,180
Thank you.

587
01:00:58,570 --> 01:00:58,850
Matt?

588
01:01:00,770 --> 01:01:01,670
Cold, maybe?

589
01:01:04,680 --> 01:01:05,600
No, not for this.

590
01:01:05,840 --> 01:01:08,920
Kay and Mike McDowell?

591
01:01:19,680 --> 01:01:20,920
My name is Mike McDowell.

592
01:01:20,920 --> 01:01:26,800
And I live at 2935 Diamondback Road, which is just south of the proposed change.

593
01:01:27,860 --> 01:01:33,800
I want to be short because I think most of the things that I would like to say have already been said.

594
01:01:34,540 --> 01:01:43,480
The open the door issue is big because once it's rezoned, it can be done with anything whether they want to continue with it or even start the program.

595
01:01:43,480 --> 01:01:49,580
The biggest thing is, as Greg mentioned, this is spot zoning in an area that is a combination

596
01:01:49,580 --> 01:01:56,660
of both Hyawatha and the county where everything around it is single-family residential dwellings.

597
01:01:57,720 --> 01:02:06,540
And this essentially is a commercial operation however you want to admit, it's not compatible

598
01:02:07,100 --> 01:02:09,920
with this area and what should happen.

599
01:02:10,600 --> 01:02:19,220
This is an 11-acre parcel, so you take a few years down the road and it's re-zoned to allow for apartments.

600
01:02:19,880 --> 01:02:26,060
It's not hard to imagine somebody cutting this up and three or four pieces and putting up a whole bunch of large apartments.

601
01:02:27,680 --> 01:02:29,180
It just doesn't seem compatible.

602
01:02:29,880 --> 01:02:37,660
I think that what was said early on, maybe the first thing Mr. Ryan has said is everybody's saying, why are we fighting this fight here?

603
01:02:39,000 --> 01:02:42,840
the intent is 100% to have this part of high watha.

604
01:02:45,220 --> 01:02:45,980
Why not?

605
01:02:47,380 --> 01:02:48,820
What does the county have an interest in?

606
01:02:49,080 --> 01:02:52,060
Because it's going to be rezoned and taken out of no tax rules.

607
01:02:52,200 --> 01:02:58,320
Everything else is just kind of an end run around what high watha zoning requirements

608
01:02:58,320 --> 01:02:59,740
may be and whether they will do it.

609
01:02:59,880 --> 01:03:03,600
So you know, the answer is do not change the zoning.

610
01:03:03,600 --> 01:03:07,160
if they can fit something in there that fits the current zoning fine.

611
01:03:08,000 --> 01:03:14,060
Otherwise have it annexed and let's discuss with Haewatha what the zoning requirements

612
01:03:14,060 --> 01:03:15,540
are whether this should be changed.

613
01:03:16,380 --> 01:03:21,740
I mean that's probably the simplest answer is this should be in another form not here.

614
01:03:22,280 --> 01:03:22,860
Thank you.

615
01:03:23,080 --> 01:03:24,340
Thank you.

616
01:03:24,440 --> 01:03:25,660
Sherry Monahan?

617
01:03:33,710 --> 01:03:36,750
Sherry Monahan, 3523 Reed Road.

618
01:03:36,750 --> 01:03:41,990
I also agree that my neighbors have done a fabulous job of telling you why you

619
01:03:41,990 --> 01:03:43,050
should deny this request.

620
01:03:45,150 --> 01:03:49,810
When the property gets annexed into Hyawatha, it was

621
01:03:49,810 --> 01:03:55,710
the intent of the agreement that I read that it would be re-zoned back to

622
01:03:56,610 --> 01:04:03,910
urban or sorry, low density residential. So that's one reason to not re-zone it

623
01:04:03,910 --> 01:04:07,930
and have the slippery slope that you could open a door

624
01:04:07,930 --> 01:04:10,430
to having different facilities there

625
01:04:10,850 --> 01:04:14,070
and when it's going to be reverted back to that,

626
01:04:14,310 --> 01:04:20,430
to keep the zoning around it compatible with what is there now.

627
01:04:21,590 --> 01:04:24,430
So I believe that they had to change the code

628
01:04:24,430 --> 01:04:30,550
or propose the rezoning because you don't have in your code

629
01:04:30,550 --> 01:04:33,670
right now a conditional use under RR3.

630
01:04:34,010 --> 01:04:35,790
So that's a question for the staff.

631
01:04:36,870 --> 01:04:39,070
So I think my neighbor also mentioned

632
01:04:39,070 --> 01:04:42,910
that that would be a use that you could open it up

633
01:04:42,910 --> 01:04:44,990
and leave it as it is zoned,

634
01:04:45,350 --> 01:04:47,930
but still permit the conditional use.

635
01:04:48,110 --> 01:04:49,810
I don't hope that you do that,

636
01:04:50,290 --> 01:04:52,890
but that would be better than the slippery slope

637
01:04:52,890 --> 01:04:57,410
of opening it to general that the staff is proposing.

638
01:04:58,130 --> 01:05:04,190
And then the potential owner mentioned maximizing the use of the lot for their enjoyment.

639
01:05:04,770 --> 01:05:07,010
I would really like to know more about that.

640
01:05:07,590 --> 01:05:13,570
The concern is that I think staff mentioned that if they did have additional buildings,

641
01:05:13,650 --> 01:05:17,110
they would have to go back through this process.

642
01:05:17,770 --> 01:05:23,690
But then he mentioned that there's not really other uses, but there's a lot of use as you're

643
01:05:23,690 --> 01:05:24,730
going up to the house.

644
01:05:24,730 --> 01:05:53,570
So I do feel like 11 acres there's an opportunity to have additional buildings that is not he says he's not intending to do but again slippery slope while you guys are you know waiting or the property is waiting to be annexed into the city of high

645
01:05:53,570 --> 01:06:00,070
Does anyone else want to speak on either the conditional use permit case or the?

646
01:06:02,200 --> 01:06:05,260
Over the other ones, yeah, come on up the rezoning.

647
01:06:11,850 --> 01:06:13,590
Hi, I am Dr. Kelly Kellen.

648
01:06:13,930 --> 01:06:16,950
I am East Other Property, five and half acres.

649
01:06:17,750 --> 01:06:20,850
I have several concerns and I'm also very familiar with the area.

650
01:06:20,850 --> 01:06:22,450
I've lived out there for more than 50 years.

651
01:06:23,370 --> 01:06:28,690
I'm also one of the owners of the corner of the interstate, the Southwest corner that's

652
01:06:28,690 --> 01:06:34,350
It's also zoned by Hayawata that annexed in to Hayawata to zone commercial on the interstate

653
01:06:35,030 --> 01:06:40,610
and it's also part of doing the robins, getting the east side of the interstate to make

654
01:06:40,610 --> 01:06:43,430
the communities bigger and stronger so they have a bigger tax break.

655
01:06:44,290 --> 01:06:47,730
Now the reason why Hayawata and Robins worked together years ago when they were put in

656
01:06:47,730 --> 01:06:53,170
the convenience store and developing those corners was for tax breaks for those two cities and

657
01:06:53,170 --> 01:06:55,830
everything was supposed to be annexed in voluntarily.

658
01:06:55,830 --> 01:07:01,150
really. In that area we have a ton of single family residential.

659
01:07:03,610 --> 01:07:04,530
I know Rick

660
01:07:04,530 --> 01:07:08,950
Rojak, who unfortunately passed away and that's why the property is for sale.

661
01:07:10,710 --> 01:07:16,010
Some of my property is right up to his and I used his property. He would not want

662
01:07:16,010 --> 01:07:24,430
that to be commercial at all. He always wanted it to be outside community. The other

663
01:07:24,430 --> 01:07:29,450
Another thing is that after dealing with these zoning things and all that, you guys have

664
01:07:29,450 --> 01:07:30,690
never allowed spot zoning.

665
01:07:31,510 --> 01:07:37,630
And how you guys are going to get involved with Hayawata voluntarily, let them annex in,

666
01:07:38,270 --> 01:07:43,910
and then not require them to annex in immediately, like they did with Tim Wilson's property,

667
01:07:44,510 --> 01:07:50,250
and with my property on the corner of the 380, once we annexed and we had to become tax

668
01:07:50,250 --> 01:07:53,290
payers of Hayawata, even though there was no development going on.

669
01:07:53,290 --> 01:07:57,530
So, I don't know how you guys are going to plan your zoning and all your requirements

670
01:07:58,060 --> 01:08:01,450
when eventually they're going to be in the Hayawatha zoning requirements.

671
01:08:02,270 --> 01:08:06,930
I think that's a real conflict of interest on that property.

672
01:08:08,990 --> 01:08:13,530
And the road there, if you are on it, there are so many potholes in it.

673
01:08:14,310 --> 01:08:19,170
There's absolutely no way that you can put a border to stop the sirens and the lights

674
01:08:19,170 --> 01:08:22,230
from my property, from that facility.

675
01:08:23,150 --> 01:08:26,410
And if a patient wake it out, and my mother does have dementia,

676
01:08:26,790 --> 01:08:28,210
and I work with patients with dementia,

677
01:08:28,650 --> 01:08:31,550
if a patient got out, there is a pond down there

678
01:08:31,550 --> 01:08:32,330
they could round in.

679
01:08:33,050 --> 01:08:35,870
Every night I get woke up by owls killing something,

680
01:08:37,110 --> 01:08:39,290
screaming, it's part of country, it's what I do.

681
01:08:39,970 --> 01:08:41,570
I really don't know how Alzheimer's patients

682
01:08:41,570 --> 01:08:45,130
gonna consider that, or what staff is gonna think of that.

683
01:08:45,710 --> 01:08:47,490
And the emotional abuse that will do to them.

684
01:08:48,230 --> 01:08:54,030
I mean, I understand being out in nature, and we all have to care for all summer's patients,

685
01:08:54,690 --> 01:08:56,290
but that's kind of traumatic.

686
01:08:57,870 --> 01:09:03,870
So I just think that this link on is should be more consistent and more and cooperation

687
01:09:03,870 --> 01:09:06,890
with Iawatha on the zoning.

688
01:09:07,610 --> 01:09:11,150
And there is plenty of commercial development in that area.

689
01:09:11,750 --> 01:09:16,710
Should there be a memory care facility right down the street from there, does it need to

690
01:09:16,710 --> 01:09:20,250
be right down in the middle of a residential area.

691
01:09:22,050 --> 01:09:22,670
Thank you.

692
01:09:22,990 --> 01:09:23,650
Thank you.

693
01:09:23,890 --> 01:09:26,090
Did anyone else want to make public comment on this case?

694
01:09:26,530 --> 01:09:27,910
Are these two cases specifically?

695
01:09:29,230 --> 01:09:31,050
Did you already speak public comment?

696
01:09:31,350 --> 01:09:32,230
We actually just do it once.

697
01:09:32,630 --> 01:09:32,710
Oh, sure.

698
01:09:33,210 --> 01:09:33,410
Thanks.

699
01:09:36,400 --> 01:09:38,380
Anyone who hasn't spoken on this topic that

700
01:09:38,380 --> 01:09:39,560
wants to speak on this topic.

701
01:09:42,980 --> 01:09:45,380
OK, hearing no one additional, I will close public comment.

702
01:09:45,780 --> 01:09:47,400
I do want to address to you before we

703
01:09:47,400 --> 01:09:49,720
start addressing the questions and concerns that were expressed.

704
01:09:49,720 --> 01:09:58,520
We have to address the things that we are legally able to address several of the concerns expressed tonight have nothing to do with the qualifications that we can consider.

705
01:09:58,880 --> 01:10:06,020
So those would have to be addressed by someone outside of this commission and this this room basically. So we will address the things that we are able to.

706
01:10:06,640 --> 01:10:09,140
But several of your concerns are not within that scope.

707
01:10:10,400 --> 01:10:14,480
Can we have staff maybe to address a couple of things?

708
01:10:20,700 --> 01:10:25,120
Several people talked about concerns, again, that we addressed a little bit before about

709
01:10:25,120 --> 01:10:26,980
like that slip-per-slip and opening the door.

710
01:10:28,400 --> 01:10:32,340
With the conditional use permit, what is allowed with that conditional use permit?

711
01:10:33,500 --> 01:10:41,460
Yeah, so with, I guess the rezoning to this district and then the conditional use permit,

712
01:10:41,460 --> 01:10:46,200
and the approving the conditional use permit alone.

713
01:10:48,160 --> 01:10:51,560
Right, no, I mean, assuming that all of the steps go through,

714
01:10:51,780 --> 01:10:53,580
what would be allowed under the conditional use permit?

715
01:10:54,440 --> 01:10:56,820
Under the conditional use permit would basically be

716
01:10:56,820 --> 01:11:03,860
what's proposed, the 14 residents basically in accordance

717
01:11:03,860 --> 01:11:05,620
with the site plan that they submitted.

718
01:11:06,460 --> 01:11:08,180
And if there's any significant changes

719
01:11:08,180 --> 01:11:09,540
that would come down the line,

720
01:11:09,540 --> 01:11:12,920
And that's when it would go back to the Board of Adjustment.

721
01:11:14,080 --> 01:11:19,440
So if they wanted to build another facility, another building, do an apartment building,

722
01:11:19,640 --> 01:11:22,400
all of that has to go through many more processes.

723
01:11:22,940 --> 01:11:23,560
Correct, yeah.

724
01:11:23,760 --> 01:11:26,720
It would add a minimum have to go back to the Board of Adjustment.

725
01:11:26,840 --> 01:11:29,740
If it's like a shed, it might not need to.

726
01:11:30,000 --> 01:11:37,540
But any sort of, if they would increase the number of residents, that would be a typo scenario.

727
01:11:37,540 --> 01:11:41,000
that wouldn't need to go back to the Board of Adjustment.

728
01:11:41,320 --> 01:11:42,980
And that's even post annexation.

729
01:11:43,840 --> 01:11:47,520
That is where that would be a decision-free offer

730
01:11:47,520 --> 01:11:48,140
to make it happen.

731
01:11:48,740 --> 01:11:51,160
Correct, but there's an answer to their question then.

732
01:11:51,540 --> 01:11:52,620
But we don't have any control of it.

733
01:11:52,740 --> 01:11:53,940
That's how we can make it happen.

734
01:11:54,720 --> 01:11:58,260
Can I ask to then, I know a lot of times

735
01:11:58,260 --> 01:11:59,600
when we're doing things like that, there

736
01:11:59,600 --> 01:12:03,520
is a, that they have to go through something with the city

737
01:12:03,520 --> 01:12:06,360
if they're within two miles of the city I think it is.

738
01:12:06,360 --> 01:12:11,260
Which is not the case with high water that's only for the

739
01:12:12,860 --> 01:12:14,200
communities that we have

740
01:12:15,100 --> 01:12:18,740
Fringe area plan 2080 agreement that lays out if

741
01:12:20,320 --> 01:12:25,540
Somebody's proposing this type of project it has to get approval from from the city

742
01:12:25,540 --> 01:12:30,440
That's not the case with high water. Okay, but that's a choice of high water than not a choice of the county

743
01:12:32,700 --> 01:12:33,820
Because that

744
01:12:33,820 --> 01:12:37,300
That plan hasn't been developed between the two.

745
01:12:37,400 --> 01:12:38,240
Correct, correct.

746
01:12:38,400 --> 01:12:42,200
Yeah, I don't necessarily know who's a decision that is,

747
01:12:42,380 --> 01:12:45,220
but that would be something for the county

748
01:12:45,220 --> 01:12:47,940
and the city to work on that isn't part of this.

749
01:12:48,340 --> 01:12:48,560
Correct.

750
01:12:50,840 --> 01:12:52,580
Yeah, and just in general,

751
01:12:52,580 --> 01:12:54,980
kind of with the annexation side of things,

752
01:12:55,320 --> 01:12:58,220
I think that's definitely a fair concern

753
01:12:58,220 --> 01:13:03,080
or a thing for you guys to consider for you guys

754
01:13:03,080 --> 01:13:06,360
and then the two boards following you,

755
01:13:07,020 --> 01:13:09,900
that's definitely part of the consideration is,

756
01:13:10,360 --> 01:13:12,680
should this be something that's moving forward now,

757
01:13:13,180 --> 01:13:15,740
or yeah, so.

758
01:13:15,780 --> 01:13:18,160
And when we're considering zoning, though, again,

759
01:13:18,440 --> 01:13:20,540
if we weren't to change the zoning,

760
01:13:21,080 --> 01:13:23,160
they can do this with eight residents now.

761
01:13:23,500 --> 01:13:24,560
Correct, correct.

762
01:13:24,660 --> 01:13:27,460
And so the difference between eight and 14

763
01:13:27,460 --> 01:13:28,940
is really what we're talking about.

764
01:13:29,040 --> 01:13:31,520
It's not really a difference in use.

765
01:13:31,520 --> 01:13:39,840
it's residential either way correct yeah yeah that's generally the the case

766
01:13:39,840 --> 01:13:43,900
yeah they could go up to eight people once they go to nine or more that's

767
01:13:43,900 --> 01:13:48,200
where the line changes have to go through and go to a conditional use permit and

768
01:13:48,200 --> 01:13:54,560
to be in the correct Sony district so it wouldn't be able to stay RR3 and have

769
01:13:54,560 --> 01:14:00,420
this CUP approved and but it could remain RR3 and have eight people

770
01:14:00,420 --> 01:14:07,420
correct without correct without a conditional use. Correct. They would not need a

771
01:14:07,420 --> 01:14:10,940
condition. They would not need a conditional use permit if they're eight or

772
01:14:10,940 --> 01:14:19,660
fewer people. Right. Okay. Thanks Tina. Yeah. I want to clarify something too. So this

773
01:14:19,660 --> 01:14:28,040
use is allowed in view of the unified or sorry the USRMF zoning district. The

774
01:14:28,040 --> 01:14:31,400
conditional use permit would have to come back for a minor modification if there

775
01:14:31,400 --> 01:14:37,960
or any changes requested, if the proposal changed to another use that's allowed in that

776
01:14:37,960 --> 01:14:42,440
zoning district, it would depend on how it's listed in our use table, whether it's a permitted

777
01:14:42,440 --> 01:14:47,440
use that would just require administrative approval through a major site plan process,

778
01:14:47,780 --> 01:14:52,640
or whether it would be an approval process that would go through another conditional use permit.

779
01:14:53,140 --> 01:14:58,280
I know specifically for the apartment buildings that people are talking about, or another multi-family

780
01:14:58,280 --> 01:14:59,960
only dwelling those times.

781
01:15:00,000 --> 01:15:11,620
Those are permitted use in the USRMF district. So, they would not come before the Board of Adjustment through a conditional use permit. Okay. Thank you for clarifying that.

782
01:15:15,150 --> 01:15:19,850
Do you know where the water and sewer hookup would be? Is that designated?

783
01:15:26,540 --> 01:15:34,940
Okay. So, the southern side of the property, basically, I would assume that's where the, it's probably the closest, yeah. Okay.

784
01:15:49,480 --> 01:15:51,460
Other questions from commission members?

785
01:15:51,460 --> 01:15:56,100
for either staff or the applicant.

786
01:15:59,270 --> 01:16:01,370
Tina, I have a quick question, Ms. Stan.

787
01:16:02,870 --> 01:16:07,850
Could you please clarify, if Hayawatha is planning,

788
01:16:08,070 --> 01:16:10,070
if they have an agreement for this annexation,

789
01:16:10,690 --> 01:16:12,650
can you explain to me again why we're going

790
01:16:12,650 --> 01:16:14,290
through this process in Blaine County?

791
01:16:14,690 --> 01:16:18,510
Is it just timing or is it more than that?

792
01:16:19,470 --> 01:16:20,490
Can you give me an answer?

793
01:16:24,350 --> 01:16:29,850
I don't really know how to answer that, Dan, other than to say it's currently in county

794
01:16:29,850 --> 01:16:30,210
jurisdiction.

795
01:16:30,990 --> 01:16:33,090
They submitted an application to us.

796
01:16:34,370 --> 01:16:39,790
They know Hyawatha has indicated that they are going to have them sign of voluntary annexation

797
01:16:39,790 --> 01:16:40,110
agreement.

798
01:16:40,710 --> 01:16:45,810
The execution of that agreement is not something that we can control and we have no idea what

799
01:16:45,810 --> 01:16:47,410
the time frame for that would be.

800
01:16:47,410 --> 01:16:53,570
usually it's a the process is anywhere from six months to a year I think in

801
01:16:53,570 --> 01:16:58,730
general for that to go to the state development board for consideration and to

802
01:16:58,730 --> 01:17:04,590
go through the entire process but the county doesn't have any any say in that

803
01:17:04,590 --> 01:17:10,730
process at all. They mentioned that it was signed right? I think on like the

804
01:17:10,730 --> 01:17:14,470
the 12th of January, a couple of week or two ago,

805
01:17:15,170 --> 01:17:17,990
it did go and got signed by.

806
01:17:18,090 --> 01:17:19,450
So how long it takes after that?

807
01:17:19,570 --> 01:17:21,030
We don't know, but it's blocked.

808
01:17:21,370 --> 01:17:22,870
And the county doesn't have any control over it.

809
01:17:22,950 --> 01:17:25,270
And they may not pursue it right away either.

810
01:17:25,770 --> 01:17:28,290
I mean, it could be years before they do that.

811
01:17:28,510 --> 01:17:30,250
It's really up to the city of Hywaatha.

812
01:17:30,310 --> 01:17:32,430
I just don't want people to assume that that means that

813
01:17:32,430 --> 01:17:34,250
there's an annexation agreement signed

814
01:17:35,250 --> 01:17:36,650
that that's going to happen immediately.

815
01:17:37,070 --> 01:17:38,770
There are a lot of times when we do these

816
01:17:38,770 --> 01:17:44,370
other subdivision cases that is really a part of the process that is routine

817
01:17:44,370 --> 01:17:48,270
where the city will just have them sign a voluntary annexation agreement

818
01:17:48,270 --> 01:17:53,470
that is included in the recorded bound documents and it happens maybe many

819
01:17:53,470 --> 01:18:01,360
years in the future so it really is up to the city. Other questions? Did you

820
01:18:01,940 --> 01:18:03,380
have any other questions, Diane?

821
01:18:17,140 --> 01:18:19,820
I would just like to I mean just maybe some

822
01:18:19,820 --> 01:18:24,660
discussion here for commission members. From my perspective, if you want a quiet neighborhood,

823
01:18:25,040 --> 01:18:31,620
these are about the best neighbors that you could possibly have. I think it's great to keep

824
01:18:31,620 --> 01:18:38,860
this land 11 acres with 14 people is really low density residential and I understand lots

825
01:18:38,860 --> 01:18:45,220
of worries and a lot of those are worries. I don't think that there are things that are happening

826
01:18:45,220 --> 01:18:51,460
at this time and a lot of those would have to go back through other processes in order

827
01:18:51,460 --> 01:18:54,580
to move forward.

828
01:19:00,050 --> 01:19:01,250
Assuming it's not in it.

829
01:19:01,910 --> 01:19:03,310
Well, it's not as to go through process.

830
01:19:03,610 --> 01:19:04,850
Well, theirs, right.

831
01:19:05,110 --> 01:19:05,510
Just not us.

832
01:19:05,610 --> 01:19:06,170
Just not us.

833
01:19:06,290 --> 01:19:06,390
Right.

834
01:19:06,950 --> 01:19:11,470
Also, I will state that none of the things that we're doing here are the deciding factor.

835
01:19:12,010 --> 01:19:14,270
We make a recommendation to both of these boards.

836
01:19:14,490 --> 01:19:17,210
The deciding boards are not us.

837
01:19:17,210 --> 01:19:19,710
We are making a recommendation, the Board of Adjustment,

838
01:19:19,990 --> 01:19:23,210
and the Board of Supervisors make the decision in the end.

839
01:19:23,490 --> 01:19:25,590
So I would highly recommend that you speak with them

840
01:19:25,590 --> 01:19:28,950
because they are the final decision on both of these decisions.

841
01:19:37,340 --> 01:19:39,540
Any other discussion or questions?

842
01:19:41,820 --> 01:19:46,920
I can just mention timeline for anything moving forward.

843
01:19:47,020 --> 01:19:52,820
The conditional use permit would go to next Wednesday's Board of Adjustment

844
01:19:52,820 --> 01:20:00,300
meeting, which is also in this room, also at 6 p.m. that's on the 28th, and then the rezoning

845
01:20:00,300 --> 01:20:07,920
right now would be heading to the Board of Supervisors on February 9th, and then that's

846
01:20:07,920 --> 01:20:14,580
a three-step process, the 9th, 11th, and then the 18th for each of their considerations.

847
01:20:14,580 --> 01:20:15,560
Can

848
01:20:17,860 --> 01:20:36,020
we pull the standards for review again, which is not as bulleted, but it's

849
01:20:42,420 --> 01:20:42,820
basically

850
01:20:42,820 --> 01:20:48,900
meeting MLS, the confine animal feeding operation, distances, Lisa,

851
01:20:51,440 --> 01:20:54,580
MLS degrading, kind of

852
01:20:54,580 --> 01:21:03,100
moving down the list those are the items to consider so it's each of those

853
01:21:03,100 --> 01:21:11,300
items conformance with the comp plan and then the recommendation itself so yeah

854
01:21:11,300 --> 01:21:14,980
and in conformance with the comp plan a lot of things we look at there's two or

855
01:21:14,980 --> 01:21:20,140
three yeses and looking through this there were a lot yeah it's a lot of those

856
01:21:20,140 --> 01:21:23,060
marks of what the the community of Linn County has wanted.

857
01:21:27,720 --> 01:21:31,700
So it would be a motion one for each case.

858
01:21:32,320 --> 01:21:42,320
So the first case number PR26-0001, rezoning of 3541 Todd Hills Road, do we have a motion

859
01:21:42,320 --> 01:21:43,900
regarding this rezoning case?

860
01:21:56,720 --> 01:21:58,700
Okay, we can't move forward without some type of motion.

861
01:21:59,520 --> 01:22:02,140
Whatever, whichever motion you want to make, but we've got to have something.

862
01:22:11,930 --> 01:22:27,690
You basically can move that we recommend, as presented you can recommend denial of the proposal or you can refer back to staff if we have specific things that we would like staff to consider or other conditions to be considered.

863
01:22:30,630 --> 01:22:32,010
We'll make a motion to deny.

864
01:22:32,010 --> 01:22:40,350
Okay. We have a motion to deny the rezoning case PR26-00001 is zero second to

865
01:22:40,350 --> 01:22:40,610
deny.

866
01:22:42,750 --> 01:22:47,490
Second. Okay. We have a motion and a second to deny the rezoning of this

867
01:22:47,490 --> 01:22:57,150
case. Can we have a roll call vote by our secretary, please? Du Bois. Nay. Coons. Aye.

868
01:22:57,150 --> 01:22:59,350
Okay. Sadler.

869
01:22:59,710 --> 01:23:00,050
I.

870
01:23:02,890 --> 01:23:03,690
Bracked.

871
01:23:04,930 --> 01:23:05,530
Nay.

872
01:23:07,070 --> 01:23:07,470
Crats.

873
01:23:08,310 --> 01:23:08,510
I.

874
01:23:14,950 --> 01:23:18,650
So that is decided to still go on to the conditional use per match.

875
01:23:19,310 --> 01:23:27,710
Okay. So separately, the case number PC26-001 conditional use group living memory care facility.

876
01:23:28,370 --> 01:23:34,210
Do we have a motion regarding the conditional use case PC26-001?

877
01:23:34,210 --> 01:23:35,210
Again,

878
01:23:39,450 --> 01:23:41,170
same three options for the motion.

879
01:23:53,240 --> 01:23:54,240
I'll make the motion to deny.

880
01:23:55,120 --> 01:23:57,040
Okay, we have the motion on the floor to deny

881
01:23:57,040 --> 01:23:59,520
the conditional use permit. Is there a second?

882
01:24:02,470 --> 01:24:02,830
I'll second.

883
01:24:04,050 --> 01:24:07,650
Okay, there's the first and second for denial of the conditional use permit.

884
01:24:08,230 --> 01:24:11,070
Can we have a roll call vote by the secretary please?

885
01:24:11,410 --> 01:24:11,930
Crats

886
01:24:14,620 --> 01:24:15,920
Du Bois.

887
01:24:16,280 --> 01:24:16,460
Nay.

888
01:24:17,440 --> 01:24:17,960
Sadler.

889
01:24:18,440 --> 01:24:18,620
Aye.

890
01:24:19,540 --> 01:24:20,060
Coons.

891
01:24:20,720 --> 01:24:21,240
Aye.

892
01:24:22,200 --> 01:24:22,760
Correct.

893
01:24:23,940 --> 01:24:24,500
Nay.

894
01:24:26,700 --> 01:24:27,120
Okay.

895
01:24:27,400 --> 01:24:32,540
And I know that the boards have requested feedback about reasons for denial when that has

896
01:24:32,540 --> 01:24:32,900
happened.

897
01:24:33,280 --> 01:24:33,840
Yes.

898
01:24:34,060 --> 01:24:35,060
We would appreciate that.

899
01:24:35,460 --> 01:24:35,580
Yes.

900
01:24:35,940 --> 01:24:42,500
So, if those who voted to deny regarding rezoning and conditional use, if you can share your concerns,

901
01:24:42,500 --> 01:24:42,980
please.

902
01:24:43,580 --> 01:24:45,340
So pass that along to the boards.

903
01:24:45,740 --> 01:24:47,040
For me, it seems like spot zoning.

904
01:24:47,620 --> 01:24:51,420
I mean, to me, right, it's not conducive to the other folks.

905
01:24:51,420 --> 01:24:53,200
And I love this more than anybody.

906
01:24:53,360 --> 01:24:55,260
I think we should bring more jobs to Ling County.

907
01:24:55,600 --> 01:24:58,040
But I think there's a time and a place.

908
01:24:58,280 --> 01:25:00,260
And it wouldn't strike me as this might be the time

909
01:25:00,260 --> 01:25:03,820
or the place as a conjoining land owner, right?

910
01:25:04,320 --> 01:25:05,320
That's my opinion.

911
01:25:06,960 --> 01:25:09,380
My personal opinion is if they're looking to annex

912
01:25:09,380 --> 01:25:12,980
into how off they should be pursuing that more so

913
01:25:12,980 --> 01:25:13,880
and let them make this a little better.

914
01:25:13,960 --> 01:25:14,400
Absolutely.

915
01:25:14,800 --> 01:25:17,640
Rather than us here, just basically, we'd be doing it

916
01:25:17,640 --> 01:25:18,880
and then kicking the can down the road.

917
01:25:19,420 --> 01:25:19,860
Agreed.

918
01:25:21,650 --> 01:25:26,770
I would echo that. I think it's spot zoning at best. I don't think it fits the neighborhood

919
01:25:26,770 --> 01:25:30,810
on all four sides of what's going on there already.

920
01:25:38,940 --> 01:25:49,980
Is that sufficient or? Thank you. Okay, next up on our agenda is case number PA26-00101.

921
01:25:49,980 --> 01:25:54,720
Organic amendment data centers. Presentation by staff. Charlie Nichols, please.

922
01:25:54,720 --> 01:25:55,440
All

923
01:26:06,250 --> 01:26:23,030
right, I'll give a minute for people to clear out here and for anyone still here interested in that case it so the recommendation of denial will go to the Board of Adjustment and the Board of Supervisors and then they will take their own votes on that and we'll follow along with that case.

924
01:26:25,190 --> 01:26:34,910
Okay, so now we have PA26001, this is our first ordinance amendment of 2026 and it is a unified

925
01:26:34,910 --> 01:26:39,490
development code adding zoning regulations for data center facilities.

926
01:26:48,960 --> 01:26:53,760
Hey Brad, could you tell people to move out of the doorway a little bit, thank you.

927
01:26:53,760 --> 01:27:23,060
So, what is a data center, I'm going to be very brief on this, I've gone through a presentation before kind of going over what that is and what artificial intelligence is, basically data centers turn electrical power into digital computing work, they generate he is a byproduct that has to be managed through cooling system whether it's air cooling or water cooling, the primary limiting factors for these buildings and how much computing work they can do, are how much power they can concentrate in the buildings and turn into that digital work,

928
01:27:23,060 --> 01:27:25,440
and then how effective they are at removing the heat

929
01:27:25,440 --> 01:27:26,040
from the buildings.

930
01:27:26,400 --> 01:27:27,820
If the buildings get too hot,

931
01:27:27,960 --> 01:27:30,440
they can't continue to do their computing work.

932
01:27:33,900 --> 01:27:34,580
So why now?

933
01:27:34,760 --> 01:27:36,820
Why are we looking at adopting zoning code

934
01:27:36,820 --> 01:27:37,940
for data centers now?

935
01:27:38,640 --> 01:27:41,340
We are seeing interest in large-scale data center

936
01:27:41,340 --> 01:27:42,520
development in Lynn County.

937
01:27:43,500 --> 01:27:45,560
The one that most people are familiar with

938
01:27:45,560 --> 01:27:48,320
is Google, Google, and next era have entered into an agreement

939
01:27:48,320 --> 01:27:49,860
for Google to purchase power

940
01:27:49,860 --> 01:27:52,140
from the restart of the nuclear power plant.

941
01:27:52,360 --> 01:27:54,360
There are other data center developers though

942
01:27:54,360 --> 01:27:58,240
that have reached out to Lynn County Planning and Development staff so the time is right

943
01:27:58,240 --> 01:28:03,240
to have some regulations, have some code on the books that determine where data centers

944
01:28:03,240 --> 01:28:09,100
can be built and how they are built. Currently there is no specific code for data centers

945
01:28:09,100 --> 01:28:14,120
they are in newer use and they're not currently addressed by our zoning code so that's why

946
01:28:14,120 --> 01:28:20,630
we are bringing forward new code tonight. We have done quite a bit of research on this before

947
01:28:20,630 --> 01:28:25,510
we brought this ordinance to you. We researched existing data center ordinances from around the

948
01:28:25,510 --> 01:28:29,150
country, our internal staff here. We've also had meetings with other local

949
01:28:29,150 --> 01:28:33,330
governments, in particular local governments in Virginia, where they have had

950
01:28:33,330 --> 01:28:37,270
data center growth for the past 10 years. A loud and county is considered the

951
01:28:37,270 --> 01:28:40,750
data center capital of the world. They have the most data centers per square foot

952
01:28:40,750 --> 01:28:46,150
of any county in the country and globally. We met with their planning staff to learn

953
01:28:46,150 --> 01:28:50,650
what lessons they could share with us and learn best practices as well. Staff,

954
01:28:50,830 --> 01:28:54,230
myself, I also attended a data center conference to try and learn as much as

955
01:28:54,230 --> 01:28:59,870
possible. And we took another additional set that we don't typically take. We hire consultants

956
01:28:59,870 --> 01:29:07,290
to help us review our code. Make sure that we are crafting our code to address the problems

957
01:29:08,210 --> 01:29:12,270
or crafting our code to address issues in the right way that the zoning code can address

958
01:29:12,270 --> 01:29:17,470
them. The three groups that we had review our code is the Manna group. They work with the

959
01:29:17,470 --> 01:29:22,690
National Associated Counties and they lead their Royal Energy Academy. We also work with

960
01:29:22,690 --> 01:29:27,490
MSA, they're a national land use and zoning experts, they create zoning codes for counties

961
01:29:27,490 --> 01:29:28,590
and cities around the country.

962
01:29:29,230 --> 01:29:32,690
And the third group we had to look at our code and help us with this was the Antara group.

963
01:29:33,070 --> 01:29:38,650
They are more of an industry consultant for data centers, they help developers site data

964
01:29:38,650 --> 01:29:41,930
centers and evaluate the sites and the available infrastructure.

965
01:29:42,510 --> 01:29:46,470
So all three of these groups help review our ordinance and suggest language as we move through

966
01:29:46,470 --> 01:29:47,010
this process.

967
01:29:47,330 --> 01:29:49,950
We've been working on this code for about five months now.

968
01:29:49,950 --> 01:29:50,950
So

969
01:29:53,510 --> 01:29:59,970
with that I will get into our proposed ordinance amendment and I will note that we I do have two proposed changes.

970
01:30:00,000 --> 01:30:29,680
So, what is in the staff report that was put on the website? They're fairly minor. We meant to have those in the staff report, those were changes that came fairly recently, but they missed the cut. So, I will go over what those changes are when I get to them in our ordinance amendment sections. But first off, we have the purpose and intent. The intent of this ordinance is to establish a clear comprehensive framework for large scale data centers. These are generational infrastructure uses and we want to make sure they are consistent with our comprehensive plan.

971
01:30:29,680 --> 01:30:31,740
and they're located in areas of the county

972
01:30:31,740 --> 01:30:33,680
that are appropriate for uses of this scale.

973
01:30:34,100 --> 01:30:36,260
We want to also ensure that long-term impacts

974
01:30:36,260 --> 01:30:39,400
to infrastructure, water resources, and surrounding land

975
01:30:39,400 --> 01:30:41,380
uses are evaluated and mitigated

976
01:30:41,380 --> 01:30:43,180
through enforceable standards and agreements.

977
01:30:43,920 --> 01:30:46,260
We also want to respect state regulatory authority

978
01:30:46,760 --> 01:30:49,620
by coordinating with but not duplicating or preempting

979
01:30:49,620 --> 01:30:52,160
the Iowa Department of Natural Resources water permitting.

980
01:30:52,600 --> 01:30:55,440
Water usage is a big concern nationally for data centers

981
01:30:55,440 --> 01:30:56,800
and it's no different here in Iowa.

982
01:30:57,300 --> 01:30:59,360
Our ordinance does address water usage

983
01:30:59,360 --> 01:31:05,740
but it's important to note that Lin County does not have the final authority over how much water a business can use.

984
01:31:06,060 --> 01:31:11,980
That is either reserved for the Iowa Department of Natural Resources or the municipal water supply depending on where they get their water from.

985
01:31:12,940 --> 01:31:21,780
And lastly, I want to respect state authority over utility regulation and grid planning by requiring coordination with utilities and confirmation of infrastructure capacity.

986
01:31:24,560 --> 01:31:26,740
So we'll start up with a couple definitions here.

987
01:31:26,740 --> 01:31:32,380
In our ordinance, we differentiate between small scale data centers and large scale data centers.

988
01:31:32,900 --> 01:31:36,800
Small scale is what we've typically seen over the past 30 to 40 years.

989
01:31:36,960 --> 01:31:41,060
These could be, you might have seen brick centric-linked buildings downtown.

990
01:31:41,380 --> 01:31:47,940
These are, these host servers, and they are, the scale, the size of the buildings could be the size of this building.

991
01:31:48,260 --> 01:31:52,040
They are not the thousands and thousands square feet of hyperscalers.

992
01:31:52,480 --> 01:31:55,800
So we wanted to make sure in our ordinance that we are carving out a place for

993
01:31:55,800 --> 01:32:00,580
those smaller data centers to locate and not subjecting them to the same requirements that

994
01:32:00,580 --> 01:32:03,320
we have for these larger, hyper scale data centers.

995
01:32:03,960 --> 01:32:09,480
And we chose the cutoff between the two as a test between electrical design capacity

996
01:32:09,480 --> 01:32:11,240
and how much water they use.

997
01:32:11,760 --> 01:32:18,920
So if a facility has a electrical design capacity of 20 megawatts or less, and it uses less

998
01:32:18,920 --> 01:32:23,780
than 50 gallons per minute of water on an annualized basis, then we classify it as small.

999
01:32:23,780 --> 01:32:30,300
If it fails either one of those tests, so if it has a design capacity of more than 20 megawatts

1000
01:32:30,300 --> 01:32:33,680
It would be a large scale data center even if it doesn't use

1001
01:32:34,480 --> 01:32:38,800
More than 50 gallons per minute of water if it uses more than 50 gallons per minute of water

1002
01:32:38,800 --> 01:32:44,080
It's also a large scale data center even if the electrical design capacity is 20 megawatts or less

1003
01:32:44,080 --> 01:32:50,060
Are there any questions on the division between small scale and large scale data centers here all right

1004
01:32:50,060 --> 01:32:55,560
We are proposing the creation of a new exclusive use zoning district.

1005
01:32:55,860 --> 01:32:59,480
This would be our third exclusive use zoning district, we would call it EU3.

1006
01:33:00,060 --> 01:33:04,220
The comprehensive plan supports exclusive use zoning districts for uses that are unique

1007
01:33:04,220 --> 01:33:05,100
and high impact.

1008
01:33:05,620 --> 01:33:12,040
We consider hyperscale data centers unique uses, very high impact uses that are appropriate

1009
01:33:12,040 --> 01:33:14,260
to have their own exclusive use zoning district.

1010
01:33:14,700 --> 01:33:19,180
So this would add a new zoning district to our code and anyone looking to build or locate

1011
01:33:19,180 --> 01:33:24,340
a large scale data center would need to rezone the land to exclusive use three, meaning

1012
01:33:24,340 --> 01:33:27,760
it would come before you for recommendation and then three readings at the port of supervisors.

1013
01:33:31,030 --> 01:33:36,430
With that, we will update our allowed use table, principal permitted uses in this district

1014
01:33:36,430 --> 01:33:40,890
would be large scale data centers, and then we'd also have accessory uses that go along with

1015
01:33:40,890 --> 01:33:45,970
large scale data centers. These can be battery energy storage systems, solar arrays, on-site

1016
01:33:45,970 --> 01:33:52,450
stand by our backup power generation, substations, micro grids, water treatment, and then officer

1017
01:33:52,450 --> 01:33:57,210
maintenance support facilities. I've highlighted excluding diesel generators. This is one of

1018
01:33:57,210 --> 01:34:01,190
the changes that staff is proposing we make to the language included in the staff report.

1019
01:34:01,910 --> 01:34:07,770
So initially we excluded diesel generators from allowed accessory uses because we had seen instances

1020
01:34:07,770 --> 01:34:15,650
where diesel generators had been put on truck beds or movable platforms to get around air quality

1021
01:34:15,650 --> 01:34:20,470
permitting regulations. We have elsewhere in our code required these facilities to be

1022
01:34:20,470 --> 01:34:24,910
on permanent foundations, so excluding the diesel generators is not necessary in this

1023
01:34:24,910 --> 01:34:30,110
case we are solving through that in another way. So staff is recommending we keep the

1024
01:34:30,110 --> 01:34:34,070
allowed accessory uses but remove the sentence excluding diesel generators.

1025
01:34:37,840 --> 01:34:38,680
Any questions

1026
01:34:38,680 --> 01:34:39,920
on that part before I move on?

1027
01:34:44,820 --> 01:34:47,040
With the best do they have to follow the other

1028
01:34:47,040 --> 01:34:51,360
There are rules around the bus that were made on the other parts.

1029
01:34:51,540 --> 01:34:52,380
They would.

1030
01:34:52,500 --> 01:34:55,740
We do have specific regulations for battery energy storage systems.

1031
01:34:56,220 --> 01:34:56,300
Okay.

1032
01:34:56,580 --> 01:34:56,800
Thank you.

1033
01:35:00,420 --> 01:35:05,220
We've also put in place some new submittal requirements for a developer that is looking

1034
01:35:05,220 --> 01:35:08,000
to re-zone their land to this EU-3 zoning district.

1035
01:35:08,780 --> 01:35:10,620
And we split these up into two buckets.

1036
01:35:10,780 --> 01:35:14,900
Information that is required at the time of a re-zoning application and information that

1037
01:35:14,900 --> 01:35:17,060
is required before the first building permit.

1038
01:35:17,060 --> 01:35:21,840
some information is not going to be available when a developer applies to

1039
01:35:21,840 --> 01:35:27,080
rezona site. So information we're asking for for the rezoning application is a

1040
01:35:27,080 --> 01:35:30,820
legal description of all the properties, a major site plan that lays out where

1041
01:35:30,820 --> 01:35:33,960
facilities will be placed and then a general description of the project,

1042
01:35:33,960 --> 01:35:39,080
including development timelines, location, parking, approximate number of

1043
01:35:39,080 --> 01:35:42,760
employees. And then I've highlighted this section in yellow, a description of a

1044
01:35:42,760 --> 01:35:46,200
backup power plan, describing the fuel source expected usage of any standby

1045
01:35:46,200 --> 01:35:51,740
by backup or temporary power generation systems and the anticipated number and size of generators.

1046
01:35:52,140 --> 01:35:57,620
We still want this information but this is another change that staff would like to make

1047
01:35:57,620 --> 01:36:03,920
to move this to the information that gets required that must be submitted before building permit.

1048
01:36:04,540 --> 01:36:09,440
The developer is not going to know all of this beforehand when they apply to rezone a site

1049
01:36:09,440 --> 01:36:13,380
but they will have a better handle on that information or they will know that information before

1050
01:36:13,380 --> 01:36:15,160
they apply for their first building permit.

1051
01:36:15,160 --> 01:36:19,880
So staff is recommending keeping the language, but moving it to the second section of information

1052
01:36:19,880 --> 01:36:22,280
that is required prior to issuing a bill in permit.

1053
01:36:22,940 --> 01:36:27,100
So that information would be plan location of underground and overhead electric lines,

1054
01:36:27,520 --> 01:36:32,320
grid interconnection points, project entrances, written verification from their proposed power

1055
01:36:32,320 --> 01:36:37,180
provider that the applicant has calculated the maximum planned electroconsumption and the

1056
01:36:37,180 --> 01:36:40,280
utility is verified that they have the supply for that.

1057
01:36:41,240 --> 01:36:45,820
As well as then, site and structure requirements, like a stormwater management plan, stormwater

1058
01:36:45,820 --> 01:36:50,240
pollution prevention plan, erosion instead of mid control plan, and then there's a note

1059
01:36:50,240 --> 01:36:54,280
here that all data center production equipment needs to comply with building code requirements

1060
01:36:54,280 --> 01:36:56,740
and the structures will be placed on a permanent foundation.

1061
01:36:57,140 --> 01:37:01,560
So, again, going back to we want everything, including diesel generators to be on permanent

1062
01:37:01,560 --> 01:37:09,400
foundations, and then the addition to this section of moving the backup power plan requirements

1063
01:37:09,400 --> 01:37:11,820
to be submitted before the building permit.

1064
01:37:13,160 --> 01:37:14,960
Any questions on the submittal requirements

1065
01:37:14,960 --> 01:37:17,580
for rezoning to EU3 at this point?

1066
01:37:21,900 --> 01:37:22,320
Setbacks.

1067
01:37:22,800 --> 01:37:25,740
So we do, we are recommending some fairly substantial setbacks

1068
01:37:25,740 --> 01:37:26,040
here.

1069
01:37:26,560 --> 01:37:29,640
We're recommending a 200 foot setback to property lines

1070
01:37:29,640 --> 01:37:30,320
from structures.

1071
01:37:30,920 --> 01:37:33,600
And we're also recommending a 1000 foot setback

1072
01:37:33,600 --> 01:37:36,440
measure from the closest outer wall of the closest building

1073
01:37:36,440 --> 01:37:39,460
on the data center property to the closest outer wall

1074
01:37:39,460 --> 01:37:42,500
at a public place of assembly and to the property line

1075
01:37:42,500 --> 01:37:46,960
if any residentally-owned property, including residentally-owned property within city limits.

1076
01:37:47,640 --> 01:37:52,200
So if there's a residentally-owned property in payload, and it's within a thousand

1077
01:37:52,200 --> 01:37:56,620
foot of proposed Madison project, even if it's in unincorporated Lynn County, it would

1078
01:37:56,620 --> 01:37:59,000
still need to meet that 1,000 foot setback.

1079
01:37:59,540 --> 01:38:04,300
We are including language that that 1,000 foot setback could be reduced by a majority vote

1080
01:38:04,300 --> 01:38:07,880
of the Board of Supervisors in consultation with the impact of the city.

1081
01:38:07,880 --> 01:38:24,600
So if there is a going back to payload, if there's a project near payload that wants to be constructed and they want to locate closer than a thousand feet to that residential zone property, they would have the option of asking the board of supervisors and the city of payload to voluntarily lower that setback.

1082
01:38:25,820 --> 01:38:30,960
That thousand-foot setback also applies to places of public assembly, which means buildings

1083
01:38:30,960 --> 01:38:34,980
or facilities where people gather for civic educational religious or cultural purposes,

1084
01:38:35,620 --> 01:38:40,520
such as retirement and nursing homes, schools, childcare homes, and centers, group homes,

1085
01:38:40,800 --> 01:38:44,020
hospitals, detention facilities, or human service facilities.

1086
01:38:45,060 --> 01:38:47,360
So again, these are our fairly substantial setbacks.

1087
01:38:47,360 --> 01:38:54,580
what we heard from other jurisdictions was that these uses can have impacts on

1088
01:38:54,580 --> 01:38:59,140
neighboring uses, particularly neighboring residential uses. They're allowed,

1089
01:38:59,320 --> 01:39:04,660
there can be lots of light associated with them. They are running 24-7, so that's

1090
01:39:04,660 --> 01:39:07,440
why staff is recommending a larger than typical setback.

1091
01:39:11,570 --> 01:39:12,350
Other requirements

1092
01:39:12,350 --> 01:39:18,190
follow our fairly basic requirements for all uses where they need to have access

1093
01:39:18,190 --> 01:39:21,570
access to a hard surface road, site access is prescribed.

1094
01:39:21,910 --> 01:39:27,970
There's parking requirements, although in this case, parking requirements typically go by square footage of the building.

1095
01:39:28,550 --> 01:39:34,810
But there is a sentence in there to allow for administrative exceptions there to add a sentence are very large.

1096
01:39:34,870 --> 01:39:39,290
But the number of employees that they have in each building does not correlate with the size of the building.

1097
01:39:39,630 --> 01:39:43,750
So we would require parking based on number of employees and not based on the size of the buildings.

1098
01:39:45,230 --> 01:39:50,450
We've also added a section on confidentiality and open records compliance, and this is something

1099
01:39:50,450 --> 01:40:00,160
that we don't typically do, but confidentiality and open records has been a point of, I don't

1100
01:40:00,160 --> 01:40:03,840
want to say contention, but it has been a sticking point for a lot of communities and

1101
01:40:03,840 --> 01:40:08,640
data center projects around the country, particularly when it comes to reporting water usage.

1102
01:40:08,980 --> 01:40:12,560
Water usage is considered a trade secret by data center developers.

1103
01:40:12,560 --> 01:40:19,500
The reasoning there is they feel that competitors can back into the design of how the facilities

1104
01:40:19,500 --> 01:40:21,860
are lighted out based on the amount of water they use.

1105
01:40:23,760 --> 01:40:27,620
We have different interpretations about that at the staff level and we will be asking them

1106
01:40:27,620 --> 01:40:32,260
for water usage data and we do plan to make that available but we put into our ordinance

1107
01:40:32,260 --> 01:40:38,720
that if there is information that an applicant feels is protected and not subject to Iowa

1108
01:40:38,720 --> 01:40:43,040
open records law. We need them to tell us what the information is and then explain in writing

1109
01:40:43,040 --> 01:40:49,460
why that information qualifies for an exemption for Iowa open records law. So we're saying up front

1110
01:40:49,460 --> 01:40:54,380
that if you want certain information to be kept private and not part of the public process you need

1111
01:40:54,380 --> 01:41:00,520
to justify that. We're also putting in language on avoidance and mitigation of damages to public

1112
01:41:00,520 --> 01:41:05,580
infrastructure. You might be familiar with this from our solar projects. We require road use

1113
01:41:05,580 --> 01:41:11,140
agreements where a existing roadway condition survey is done before construction, construction

1114
01:41:11,140 --> 01:41:15,300
routes are identified. There is a financial assurance requirement. It could be a bond.

1115
01:41:15,440 --> 01:41:20,380
It could be a stable parent guarantee. But then when construction finishes, there is a post-construction

1116
01:41:20,900 --> 01:41:26,240
roadway survey and any damage that has occurred to the roads as a result of that process is then

1117
01:41:26,240 --> 01:41:32,560
repaired by the developer. And we have seen evidence of how much damage

1118
01:41:33,260 --> 01:41:39,540
data center or construction can do on roads, there's two data center campuses being built in the city of Cedar Rapids

1119
01:41:39,540 --> 01:41:45,620
They are using Lynn County roads to go back and forth between job sites in the quarry and that traffic has been

1120
01:41:46,440 --> 01:41:53,020
Surprisingly significant. It was much more than was expected. We do have road use agreements in place for those data center campuses now

1121
01:41:53,020 --> 01:42:00,960
But it took quite a bit of wrangling to get those dots. So we are upfront requiring a road use agreement before any construction can happen

1122
01:42:02,520 --> 01:42:05,200
Any questions on the stuff I've covered so far?

1123
01:42:11,110 --> 01:42:11,810
Noise standards.

1124
01:42:12,810 --> 01:42:16,310
This is one of the things we heard from communities we've met with.

1125
01:42:16,490 --> 01:42:23,350
That noise is a real concern, and what they found is that data centers were passing their

1126
01:42:23,350 --> 01:42:29,610
noise tests for DBA, which is the typical range of noise that is measured, but people who

1127
01:42:29,610 --> 01:42:33,170
to live across the street from data centers.

1128
01:42:33,590 --> 01:42:36,530
This is well within the thousand-foot setback

1129
01:42:36,530 --> 01:42:38,550
in counties that are much more built out.

1130
01:42:38,990 --> 01:42:40,830
They're still able to hear the low humming

1131
01:42:40,830 --> 01:42:42,570
and the low vibration from data centers,

1132
01:42:42,690 --> 01:42:44,450
from the cooling fans and other equipment.

1133
01:42:45,290 --> 01:42:47,250
And they weren't testing for DBC.

1134
01:42:47,570 --> 01:42:50,350
And DBC is a lower frequency range of noise.

1135
01:42:50,950 --> 01:42:53,510
So they were having lots of issues with data centers

1136
01:42:53,510 --> 01:42:55,170
being built in their residential communities

1137
01:42:55,550 --> 01:42:57,090
and meeting their noise standards,

1138
01:42:57,090 --> 01:43:02,170
but still experiencing significant issues with noise because our noise standards didn't

1139
01:43:02,170 --> 01:43:07,710
take into account DBC or that lower frequency noise. So we are recommending a noise standard

1140
01:43:07,710 --> 01:43:12,450
for occupied structures within residential, leave zone property adjacent to the data center

1141
01:43:12,450 --> 01:43:20,610
developments of 55 DBA or 65 DBC. If the property is not residential, those limits bump up to

1142
01:43:20,610 --> 01:43:27,050
65 DBA or 75 DBC, so we are taking into account both the normal range of hearing, DBA,

1143
01:43:27,330 --> 01:43:32,510
and then that lower frequency sound, that vibration that humming with the DBC.

1144
01:43:34,290 --> 01:43:37,150
Any questions on those two standards?

1145
01:43:40,160 --> 01:43:45,220
As part of the noise standards, we're also requiring, so to meet those, we require either

1146
01:43:45,220 --> 01:43:48,100
setbacks or submit a getting equipment to meet those limits.

1147
01:43:48,300 --> 01:43:52,640
It's up to the developer how they want to achieve that, whether it's with larger setbacks

1148
01:43:52,640 --> 01:43:54,700
or better salmate getting equipment.

1149
01:43:55,280 --> 01:43:57,280
We limit generator testing, maintenance,

1150
01:43:57,560 --> 01:43:59,180
or other elevated noise activities

1151
01:43:59,180 --> 01:44:01,200
to weekday and daytime hours,

1152
01:44:01,280 --> 01:44:03,200
unless otherwise approved by the county.

1153
01:44:04,600 --> 01:44:07,580
We also allow limited exceedance of these noise limits

1154
01:44:07,580 --> 01:44:09,340
for short-term, uncontrollable events

1155
01:44:09,340 --> 01:44:11,100
such as severe windstorms.

1156
01:44:12,040 --> 01:44:13,660
And we will require an independent,

1157
01:44:13,880 --> 01:44:16,260
professional noise study before construction,

1158
01:44:16,640 --> 01:44:17,880
so modeling what the noise would be.

1159
01:44:18,400 --> 01:44:19,500
And then after construction,

1160
01:44:19,680 --> 01:44:21,780
we require another study to verify

1161
01:44:21,780 --> 01:44:24,760
that the actual noise generated by the facility

1162
01:44:24,760 --> 01:44:26,200
is in compliance with the code.

1163
01:44:26,400 --> 01:44:28,440
So it's a test beforehand, which is modeling

1164
01:44:28,440 --> 01:44:30,500
and then a test after which is actually boots

1165
01:44:30,500 --> 01:44:31,440
on the ground measurement.

1166
01:44:32,060 --> 01:44:35,280
Then we would also require ongoing noise evaluations

1167
01:44:35,280 --> 01:44:37,300
every five years with the life of the facility

1168
01:44:37,300 --> 01:44:39,720
to ensure that there is continued noise compliance.

1169
01:44:40,840 --> 01:44:43,640
The last part of our noise standards is we do allow

1170
01:44:43,640 --> 01:44:46,060
adjacent property owners to voluntarily agree

1171
01:44:46,060 --> 01:44:48,680
to hire noise limits through a written and recorded waiver.

1172
01:44:49,260 --> 01:44:50,820
This would give the developer the opportunity

1173
01:44:50,820 --> 01:44:53,720
to approach a neighbor and say hey we're not going to be able to meet the

1174
01:44:53,720 --> 01:44:58,140
noise standards on your property, but we will buy your property or we will do

1175
01:44:58,140 --> 01:44:59,800
do something else to compensate.

1176
01:45:00,940 --> 01:45:05,200
So it gives the developer another tool to try and meet those noise standards.

1177
01:45:09,110 --> 01:45:12,990
Any questions on noise before we start talking about water supply and sustainability?

1178
01:45:16,110 --> 01:45:35,070
So water supply and sustainability is a national concern and talking point for data centers. These are very large water users if they use water for cooling. So some facilities use water, some use air, but if they do use water, it's a fairly large volume of water that is used. So what are we can do with our ordinance?

1179
01:45:35,070 --> 01:45:37,790
is established water use as a local land use impact.

1180
01:45:38,210 --> 01:45:41,210
We can require information and analysis on supply and usage.

1181
01:45:41,790 --> 01:45:43,430
We can accommodate future technologies.

1182
01:45:44,050 --> 01:45:45,510
So the technology is getting better.

1183
01:45:45,610 --> 01:45:46,750
It uses less and less water.

1184
01:45:47,310 --> 01:45:49,930
And we can accommodate future water regulatory frameworks.

1185
01:45:50,410 --> 01:45:51,750
What we can't do with our ordinance,

1186
01:45:51,750 --> 01:45:53,010
and I mentioned this earlier,

1187
01:45:53,430 --> 01:45:55,370
is substitute for or supersede idea

1188
01:45:55,370 --> 01:45:56,430
in our permitting authority.

1189
01:45:57,050 --> 01:45:58,530
The highway department of natural resources

1190
01:45:59,150 --> 01:46:01,710
is fuel issue permits for large water uses

1191
01:46:01,710 --> 01:46:03,250
in unincorporated Lynn County.

1192
01:46:03,250 --> 01:46:08,610
We can't regulate existing water users and we can't regulate municipal water systems either.

1193
01:46:10,920 --> 01:46:17,840
So we've taken a two track approach to water regulations here. The first track is requiring a

1194
01:46:17,840 --> 01:46:23,500
water study as part of a rezoning application. The water study demonstrates that there are sufficient

1195
01:46:23,500 --> 01:46:29,060
water resources available without causing undue impacts to existing users, groundwater or surface

1196
01:46:29,060 --> 01:46:34,540
water systems. It identifies proposed water sources, ranges of the water demand, and assumptions

1197
01:46:34,540 --> 01:46:39,300
related to cooling technologies and address the system reliability and contingency planning.

1198
01:46:39,640 --> 01:46:44,480
And then it must be prepared by qualified professionals and provide enough information for

1199
01:46:44,480 --> 01:46:48,120
the county and the public to understand and evaluate potential water impacts.

1200
01:46:48,760 --> 01:46:57,540
So we are asking any data center developer with their rezoning application up front to provide us with a study outlining where they're going to get their water from.

1201
01:46:57,760 --> 01:47:03,660
How much they're going to use and also to demonstrate that it's not going to have an adverse impact on existing users.

1202
01:47:04,860 --> 01:47:12,780
The second thing we are asking for, then this would come prior to a building permit, but not at the time of rezoning, is a water use agreement.

1203
01:47:13,300 --> 01:47:18,280
This would establish ongoing coordination between the applicant and the county regarding water use.

1204
01:47:18,760 --> 01:47:24,920
It would establish what kind of data is reported to the county and on an ongoing basis.

1205
01:47:26,000 --> 01:47:33,380
They would establish verification of compliance with applicable permits and approvals from the IDNR.

1206
01:47:33,380 --> 01:47:43,960
it would provide a framework for response during constrained conditions like droughts, emergencies or other situations where water use adjustments may be needed and then it also allows for adaptive management and mitigation measures.

1207
01:47:44,540 --> 01:47:49,720
So this is the part where we're asking them to show us or tell us what is your actual water usage.

1208
01:47:50,440 --> 01:47:56,020
How are you going to monitor your water usage? How frequently are you going to report your water using this data to the county?

1209
01:47:56,020 --> 01:48:03,080
Now, we don't make decisions on when water usage would be curtailed, that would be either

1210
01:48:03,080 --> 01:48:07,300
the IDNR, if they're drying their water from the river or from a well, or it would be

1211
01:48:07,300 --> 01:48:10,860
the municipal utility if they're getting their water from an municipal utility.

1212
01:48:11,320 --> 01:48:15,020
What this allows us to do is provide as much information as possible to those permitting

1213
01:48:15,020 --> 01:48:19,320
authorities so they can make the decisions on does curtail money to happen, does there

1214
01:48:19,320 --> 01:48:24,120
need to be some water balance to water usage balance happening at the data center development

1215
01:48:24,120 --> 01:48:26,000
based on what is happening in the region.

1216
01:48:26,460 --> 01:48:27,840
So although we don't have the authority

1217
01:48:27,840 --> 01:48:30,780
to make that call on ratcheting down water usage,

1218
01:48:31,180 --> 01:48:33,960
we can make sure that the government bodies

1219
01:48:33,960 --> 01:48:35,040
that do have that authority

1220
01:48:35,040 --> 01:48:37,920
have a wealth of information to make those decisions.

1221
01:48:38,720 --> 01:48:39,840
And I also wouldn't be surprised

1222
01:48:39,840 --> 01:48:41,700
if five, 10 years in the future,

1223
01:48:42,280 --> 01:48:45,060
Iowa starts developing a more robust framework

1224
01:48:45,060 --> 01:48:46,280
for looking at water usage.

1225
01:48:46,900 --> 01:48:50,660
Right now we are a state that doesn't have water scarcity

1226
01:48:51,260 --> 01:48:52,440
that could change.

1227
01:48:53,080 --> 01:48:58,300
So, in the future, if there is a more kind of robust framework for managing water usage,

1228
01:48:58,740 --> 01:49:06,540
this would also ensure that we have the processes in place to have these data center uses kind

1229
01:49:06,540 --> 01:49:11,800
of plug into that framework and work alongside whatever regulating bodies are managing that

1230
01:49:12,340 --> 01:49:13,680
either now or in the future.

1231
01:49:15,320 --> 01:49:20,020
Questions on the requirement of a water study and a water use agreement for these developments?

1232
01:49:21,020 --> 01:49:28,840
Yeah, question on the water use agreement. So data centers have SLAs, right? There's 99.9% up time.

1233
01:49:29,900 --> 01:49:35,340
And you talk about curtailment, which would cause an impact to their SLAs, which they're

1234
01:49:35,340 --> 01:49:40,920
contractually bound. Is there any sort of like charge back, or are we anticipating they're

1235
01:49:40,920 --> 01:49:44,600
going to accept this and say, yeah, you can shut the water off and it'll be hunky-dory?

1236
01:49:46,710 --> 01:49:48,210
That's a great question. Millions of dollars.

1237
01:49:48,210 --> 01:50:03,310
Yes, it is. It's millions of dollars of impact. And this is one of the reasons. Well, we don't have the authority to say you need to ratchet down your services. Right. But the idea in our who they get the permit for does have that authority.

1238
01:50:04,550 --> 01:50:10,690
And it would be a monetary impact to the company, but that's part of what they agreed to by getting a permit through the state.

1239
01:50:10,690 --> 01:50:22,050
Okay, so we are not we're not going to determine, yes, shut your water down now, but we will be working with the organization that does have that authority and we will be supplying them with its information.

1240
01:50:22,310 --> 01:50:24,390
Okay, so it's easier for them to make that call.

1241
01:50:24,590 --> 01:50:25,470
Yep, that makes sense.

1242
01:50:31,850 --> 01:50:33,710
Any other questions on water supply?

1243
01:50:37,480 --> 01:50:42,060
All right, the next section of our ordinance is requiring an economic development agreement.

1244
01:50:42,760 --> 01:50:47,680
And we are requiring an economic development agreement because these are our generational

1245
01:50:47,680 --> 01:50:52,260
infrastructure uses that do rely on significant public resources and services.

1246
01:50:53,140 --> 01:50:58,280
The economic development agreement ensures upfront clarity and long-term cooperation rather

1247
01:50:58,280 --> 01:51:02,940
than addressing fiscal or infrastructure impacts on an ad hoc basis and it also provides a

1248
01:51:02,940 --> 01:51:07,140
transparent framework to ensure that the communities that are supplying the land, power, water,

1249
01:51:07,140 --> 01:51:12,520
roads and services that these facilities need receive that reinvestment and protection.

1250
01:51:13,840 --> 01:51:18,820
So the terms of the economic development agreement in the ordinance establish ongoing coordination

1251
01:51:18,820 --> 01:51:22,520
between the county and the data center operator over the life of the facility.

1252
01:51:22,800 --> 01:51:29,800
It would identify economic development incentives if applicable and the expectations tied to those

1253
01:51:29,800 --> 01:51:30,180
incentives.

1254
01:51:30,740 --> 01:51:35,140
It also requires the creation of a community betterment fund to support public infrastructure,

1255
01:51:35,140 --> 01:51:39,500
services, environmental protection, workforce developments, or other community priorities.

1256
01:51:40,380 --> 01:51:44,560
This is, so Cedar Rapids did this with their data setter campuses, they required a community

1257
01:51:44,560 --> 01:51:49,020
betterment fund and an annual payment into this fund that goes back to community projects.

1258
01:51:50,320 --> 01:51:55,520
As part of this economic development agreement, we're also requiring that a developer considers

1259
01:51:55,520 --> 01:51:59,520
a property value protection plan to address potential impacts to the nearby residential

1260
01:51:59,520 --> 01:52:04,320
properties. The reason we're worrying this is requiring consideration and not just straight

1261
01:52:04,320 --> 01:52:10,560
up requiring this is because depending on where the project would be cited, it could

1262
01:52:10,560 --> 01:52:14,600
be far away from residences. There might not be residences around that would be impacted

1263
01:52:14,600 --> 01:52:17,160
and that would require a property value protection plan.

1264
01:52:18,400 --> 01:52:22,840
And finally, the Economic Development Agreement language preserves county flexibility to tailor

1265
01:52:22,840 --> 01:52:27,560
the agreement to the scale and location and nature of each project depending on what it impacts

1266
01:52:27,560 --> 01:52:30,600
to the community and to the resources of the community would be.

1267
01:52:31,240 --> 01:52:38,760
So it's there's no prescriptive data center projects have to pay this amount per year in a community better met fund

1268
01:52:38,760 --> 01:52:44,920
There's no prescriptive. These are the tax incentives that are are not offered. It's a fairly open

1269
01:52:46,080 --> 01:52:51,040
mechanism that you know if you're going to locate here you have to enter into an agreement before

1270
01:52:51,040 --> 01:52:53,920
rezoning can occur. So this would come before

1271
01:52:53,920 --> 01:52:59,180
rezoning could occur of a site. They would need to have an agreed on economic development agreement

1272
01:52:59,180 --> 01:53:00,060
We're

1273
01:53:04,480 --> 01:53:09,000
also requiring an emergency response plan that would identify facility responsibilities

1274
01:53:09,000 --> 01:53:13,260
and response procedures for emergency scenarios that would include site-specific evacuation

1275
01:53:13,260 --> 01:53:17,060
of procedures, egress routes and emergency staging areas.

1276
01:53:17,340 --> 01:53:22,100
It would also require a separate emergency protocol for battery energy storage systems if present

1277
01:53:22,100 --> 01:53:27,060
on the site and must be developed in coordination with Lynn County Emergency Management and Public

1278
01:53:27,060 --> 01:53:27,300
Health.

1279
01:53:32,000 --> 01:53:35,800
The staff does believe the creation of this new exclusive use district and these standards

1280
01:53:35,800 --> 01:53:37,560
are in alignment with the comprehensive plan.

1281
01:53:38,500 --> 01:53:43,200
As I mentioned before, exclusive uses for unique high-impact land uses, and we believe

1282
01:53:43,200 --> 01:53:47,680
that large-scale data centers meet the definition of unique high-impact uses.

1283
01:53:48,400 --> 01:53:52,760
But we feel this advances smart planning principles by promoting transparency and coordination

1284
01:53:52,760 --> 01:53:53,880
and long-term planning.

1285
01:53:54,340 --> 01:53:58,540
We feel it aligned with economic development and employment goals by providing a clear, predictable

1286
01:53:58,540 --> 01:54:03,320
framework for major employers while ensuring public benefits and fiscal sustainability are

1287
01:54:03,320 --> 01:54:03,820
in place.

1288
01:54:03,820 --> 01:54:09,180
It supports public infrastructure and utility planning by requiring coordination with utilities

1289
01:54:09,180 --> 01:54:11,560
and evaluation of power and water capacity.

1290
01:54:12,320 --> 01:54:16,780
And finally we feel it protects natural resources, public health and community character through

1291
01:54:16,780 --> 01:54:21,160
larger than average setbacks, buffers, noise standards, and ongoing monitoring requirements.

1292
01:54:21,760 --> 01:54:27,200
Staff is recommending approving the proposed amendments with those two changes I had mentioned

1293
01:54:27,200 --> 01:54:32,480
of removing the excluding diesel generators from the allowed accessory uses and then moving

1294
01:54:32,480 --> 01:54:37,020
the backup power plan from submittal requirements at time of rezoning

1295
01:54:37,020 --> 01:54:42,160
application to submittal requirements for first building permit. Are there any

1296
01:54:42,160 --> 01:54:46,280
questions or comments on this before we get to public comment here?

1297
01:54:57,660 --> 01:54:58,360
Okay, hearing

1298
01:54:58,360 --> 01:55:03,480
no questions from commission members at this time I will not open the floor for

1299
01:55:03,480 --> 01:55:08,120
public comment. Would anyone like to speak specifically on the case number P.A.

1300
01:55:08,120 --> 01:55:11,400
826, there is your one ordinance amendment data centers.

1301
01:55:13,490 --> 01:55:15,190
Come on up to the microphone.

1302
01:55:15,850 --> 01:55:18,510
State your name, address, and make your statements.

1303
01:55:21,190 --> 01:55:24,910
Good evening, Michael Schmidt, 1059 Street Southwest.

1304
01:55:25,290 --> 01:55:26,130
It's nice to see everyone.

1305
01:55:26,670 --> 01:55:27,950
I last I saw you as an October,

1306
01:55:28,610 --> 01:55:30,410
when we had the presentation regarding

1307
01:55:30,410 --> 01:55:31,830
the information on data centers.

1308
01:55:33,950 --> 01:55:35,350
At that time, we were,

1309
01:55:36,310 --> 01:55:38,590
or the committee was trying to decide whether or not

1310
01:55:39,330 --> 01:55:41,030
what they could do regarding this.

1311
01:55:41,030 --> 01:55:53,450
if they were at all a benefit to the county or moving forward based on what we've seen.

1312
01:55:55,530 --> 01:56:00,230
One of the things that I've noticed after reading the proposal numerous times was

1313
01:56:02,250 --> 01:56:09,310
the standards should be designed in to assure that the county assumes no obligation regarding

1314
01:56:09,310 --> 01:56:16,930
in these facilities. The companies that are building them are making billions in profits

1315
01:56:16,930 --> 01:56:21,350
every year. They can assume the cost and not the county or the people.

1316
01:56:23,670 --> 01:56:24,730
Likewise, any

1317
01:56:25,260 --> 01:56:30,290
future date or when they have new data centers or multiple additions to them, it would be

1318
01:56:30,290 --> 01:56:36,190
nice if they were open to public review an additional passage for

1319
01:56:39,900 --> 01:56:41,760
multiple buildings as well because

1320
01:56:41,760 --> 01:56:44,860
of the cumulative effects that these facilities often have.

1321
01:56:46,140 --> 01:56:50,780
With the accessory uses on the amendment that was shown, I would like to see additional

1322
01:56:52,380 --> 01:56:53,980
details regarding each of those.

1323
01:56:54,080 --> 01:56:55,760
It was just a point regarding them.

1324
01:56:56,320 --> 01:57:05,930
I don't know if it's maybe regulated by an additional committee or just having one thing

1325
01:57:05,930 --> 01:57:10,550
without any additional information underneath it leaves it open to interpretation, I believe.

1326
01:57:11,930 --> 01:57:18,210
As well, it would be nice if we could remove what I see as loopholes, regarding the board

1327
01:57:18,210 --> 01:57:24,550
of supervisors in Pacted City, reducing the setback as well as later on with the noise.

1328
01:57:26,970 --> 01:57:28,670
It would be nice also.

1329
01:57:29,150 --> 01:57:36,090
The one thing they did mention is with the very definition of the zoning to something new,

1330
01:57:36,090 --> 01:57:39,830
it also carries new opportunities for us to properly regulate it.

1331
01:57:42,410 --> 01:57:46,950
Confidentiality, of course they're going to save water and electricity is

1332
01:57:46,950 --> 01:57:52,350
trade secrets, but at the same time that is very important to the impact to the

1333
01:57:52,350 --> 01:57:53,130
community.

1334
01:57:55,520 --> 01:57:58,200
With regards to these

1335
01:58:01,780 --> 01:58:04,520
as well, is there any ability to appeal to a

1336
01:58:04,520 --> 01:58:08,740
proper authority regarding them? I know it was mentioned, especially with the

1337
01:58:08,740 --> 01:58:14,960
last issue that not everything can be covered by this committee so if there is some process

1338
01:58:14,960 --> 01:58:18,620
that can be put in place to appeal to the proper authority it would also be useful.

1339
01:58:22,260 --> 01:58:28,540
Just another option here is with regards to this making sure that they use local labor.

1340
01:58:29,560 --> 01:58:34,340
It would be a nice as a condition currently the ones that are being developed are from out

1341
01:58:34,340 --> 01:58:42,160
state and labor. Profits for the big, of course, like I mentioned before, profits for big

1342
01:58:42,160 --> 01:58:48,520
tech are in the billions or hundreds of billions. We don't need to subsidize their profits via

1343
01:58:48,520 --> 01:58:55,020
the expenses for these things. Currently, as an example, the current Google data center that's

1344
01:58:55,020 --> 01:59:01,680
being, that is an agreement, has a 20-year, 70-percent tax exemption. The only requirements I have found

1345
01:59:01,680 --> 01:59:08,720
One for that is basically that they have to maintain at least 31 jobs, paying a minimum

1346
01:59:08,720 --> 01:59:15,980
of 26, 20 an hour, which equates to about 54,500 a year, where the median income for

1347
01:59:15,980 --> 01:59:18,020
Cedar Rapids is 68,000.

1348
01:59:18,240 --> 01:59:23,100
So they are paying their labor underneath median average for Cedar Rapids.

1349
01:59:25,010 --> 01:59:30,740
Water usage, I won't touch on this too much, but I've earned my research.

1350
01:59:32,020 --> 01:59:37,620
Buffer zones are a great thing, but also the landscaping for them uses water.

1351
01:59:39,600 --> 01:59:46,400
There's numerous examples I have found for Arizona data centers granted, this is Arizona,

1352
01:59:47,020 --> 01:59:52,640
but oftentimes the water usage for the landscaping is more than the data center itself is using.

1353
01:59:54,420 --> 01:59:58,520
The water study is a great idea, but it needs to be done by an independent party.

1354
02:00:00,000 --> 02:00:10,640
How the wastewater is addressed, intrigued, it was not mentioned in here, and I was curious as to if that was by another authority or if it can be addressed also.

1355
02:00:13,200 --> 02:00:20,060
Electricity regards for this. We are at five minutes if you can wrap up, please. My apologies. That's okay.

1356
02:00:22,220 --> 02:00:30,760
With regards to the electricity, I would highly recommend that this not be listed as a generational information.

1357
02:00:30,760 --> 02:00:37,600
infrastructure, infrastructure has a certain level of priority, which means that if these

1358
02:00:37,600 --> 02:00:43,340
were to need more power or water, they get priority over the people, as well as the creation

1359
02:00:43,340 --> 02:00:47,940
of an energy use agreement, we have road agreement, water agreement, why not a power agreement?

1360
02:00:49,140 --> 02:00:54,720
Ideally, you would have these classified as separate consumer class with an increased

1361
02:00:54,720 --> 02:00:56,980
rate and a demand response for the residents.

1362
02:00:56,980 --> 02:01:00,160
Okay. Thank you so much for your comments. I appreciate it.

1363
02:01:03,620 --> 02:01:04,920
Just take turns coming up.

1364
02:01:09,080 --> 02:01:16,460
Good evening. I'm Pam McEtailor. I live at 2200 South 31st Street in Marion. I

1365
02:01:16,460 --> 02:01:20,540
appreciate the county's efforts to get a handle on data centers. They can have a

1366
02:01:20,540 --> 02:01:26,180
huge impact on our quality of life in Lynn County. The planning staff has spent a

1367
02:01:26,180 --> 02:01:30,800
significant amount of time creating the ordinance and the public has had little time

1368
02:01:30,800 --> 02:01:43,660
to review the ordinance. I would suggest that the ordinance is not ready for prime time and needs to be sent back for more work and greater review and I would piggyback on to some of the things that Mr. Schmidt said a few minutes ago.

1369
02:01:44,800 --> 02:01:56,580
It is good that the county sought input from other governments and consultants. The information reports from that input needs to be available to the public, to the commission and to the supervisors to review.

1370
02:01:56,580 --> 02:02:05,100
Looking at the proposed ordinance on page 3, item D and item E, the site plan and information

1371
02:02:05,100 --> 02:02:09,620
do not really tell us anything about new projects and for something this big and this

1372
02:02:09,620 --> 02:02:13,020
significant more information needs to be provided earlier.

1373
02:02:14,060 --> 02:02:20,360
There are very few requirements in addressing real ongoing problems of data centers including

1374
02:02:20,360 --> 02:02:25,780
including water usage, electric electricity usage, and air pollution from the diesel generators.

1375
02:02:26,340 --> 02:02:29,140
There is noise regulation and that's a good step.

1376
02:02:30,360 --> 02:02:38,120
I would suggest that there should be required annual public reporting of water use, electricity

1377
02:02:38,120 --> 02:02:40,840
use, and diesel generation usage.

1378
02:02:41,700 --> 02:02:47,200
There is no requirement limiting the use of diesel generators or requiring battery backup

1379
02:02:47,200 --> 02:02:48,740
instead of the generators.

1380
02:02:48,740 --> 02:02:55,920
And the air pollution from the diesel generators can exacerbate respiratory diseases and illnesses

1381
02:02:55,920 --> 02:02:56,980
including asthma.

1382
02:02:58,660 --> 02:03:02,680
I would suggest you look at the water use in greater detail.

1383
02:03:03,440 --> 02:03:09,920
And although some of the things are in the purview of the DNR, there are no standards related

1384
02:03:09,920 --> 02:03:14,220
to water by which zoning officials should grant or deny the permit.

1385
02:03:14,220 --> 02:03:21,400
We all know that the Jordan aquifer is declining in its water levels, and we also know that

1386
02:03:21,400 --> 02:03:26,800
there are looming problems with nitrates in the water sources used by the Cedar Rapids

1387
02:03:26,800 --> 02:03:27,900
to provide drinking water.

1388
02:03:28,480 --> 02:03:34,800
There is a huge risk in the water area for the Lynn County and the areas around us.

1389
02:03:35,940 --> 02:03:36,940
There are no standards.

1390
02:03:37,860 --> 02:03:40,520
There are no long-term impacts, totally addressed.

1391
02:03:40,520 --> 02:03:45,500
There are no requirements for dealing with periods of drought and limits on water withdrawal

1392
02:03:45,500 --> 02:03:51,260
and on page six, all of the areas around the water studies talk about May.

1393
02:03:51,880 --> 02:03:54,840
They don't say shall or should, they say May.

1394
02:03:55,840 --> 02:04:01,340
It would be important to include methods to conserve water and to reuse water rather than

1395
02:04:01,340 --> 02:04:07,500
ascend it down the drain or have it vetted off a steam.

1396
02:04:09,120 --> 02:04:13,540
There's nothing about electricity use, and there's a real problem with electricity.

1397
02:04:14,020 --> 02:04:18,740
The utilities in Iowa are not even required to do integrated resource planning, and

1398
02:04:18,740 --> 02:04:25,860
so that long-term use of energy and how it is supplied to the community is going to

1399
02:04:25,860 --> 02:04:26,480
be a question.

1400
02:04:27,300 --> 02:04:33,800
There are no efforts to require implementation of energy efficiency methods for the data

1401
02:04:33,800 --> 02:04:38,700
centers, and equipment, there's no planning around supporting infrastructure to supply

1402
02:04:38,700 --> 02:04:43,160
large quantities of electricity while still protecting the individuals and businesses in

1403
02:04:43,160 --> 02:04:43,820
the community.

1404
02:04:45,780 --> 02:04:53,240
In general, I think that we need to think about what happens for some of these data centers

1405
02:04:53,240 --> 02:04:54,440
that are being built on spec.

1406
02:04:55,380 --> 02:04:58,320
Some of them may be abandoned later on.

1407
02:04:58,760 --> 02:05:04,200
Some of them may be used for a few years and then the buildings are left behind.

1408
02:05:04,320 --> 02:05:08,500
We need to think about that and the risks and what effects that's going to have on the community.

1409
02:05:09,240 --> 02:05:14,280
As I started out saying, I think we need to do some more looking at this ordinance, spend

1410
02:05:14,280 --> 02:05:19,880
some more time on it, maybe do some more community engagement and hold off and don't pass it

1411
02:05:19,880 --> 02:05:20,140
tonight.

1412
02:05:20,700 --> 02:05:21,040
Thank you.

1413
02:05:21,680 --> 02:05:22,180
Thank you.

1414
02:05:28,490 --> 02:05:29,850
Hi, my name is Jim Conlon.

1415
02:05:30,110 --> 02:05:32,970
I signed the wrong sheet, which is what you called on me earlier.

1416
02:05:32,970 --> 02:05:34,130
No, they're just all on there.

1417
02:05:34,350 --> 02:05:35,370
I apologize for that.

1418
02:05:35,670 --> 02:05:36,090
No, you're good.

1419
02:05:36,390 --> 02:05:42,010
I don't live in Lynn County, but I do own Lynn in Lynn County, including unincorporated

1420
02:05:42,010 --> 02:05:44,570
Lynn County Fairfax.

1421
02:05:46,470 --> 02:05:49,010
I have been approached by data center operators.

1422
02:05:49,230 --> 02:05:51,470
I know something about this.

1423
02:05:52,130 --> 02:05:53,950
I think the regulation makes sense.

1424
02:05:54,670 --> 02:06:02,610
I do think it has to be adaptable, and it has to frankly be integrated because this whole

1425
02:06:02,610 --> 02:06:08,010
process data centers AI is moving faster than really anybody can get in front of.

1426
02:06:08,250 --> 02:06:13,170
So the important thing is to not, you know, dig in and say it has to be this,

1427
02:06:13,270 --> 02:06:15,730
it has to be this, because things change so quickly.

1428
02:06:16,410 --> 02:06:22,950
For example, electricity has become a major choke point, probably more than

1429
02:06:22,950 --> 02:06:27,310
any of the other choke points that have been described. The utilities have done a

1430
02:06:27,310 --> 02:06:29,670
a great job in Cedar Rapids.

1431
02:06:30,430 --> 02:06:32,870
But they don't have an extra 500 megawatts,

1432
02:06:33,290 --> 02:06:38,930
which is what a 500 acre data center would require.

1433
02:06:39,930 --> 02:06:43,070
That's caused the industry to say, well,

1434
02:06:43,130 --> 02:06:45,030
we're going to have to go, quote, behind the meter,

1435
02:06:45,410 --> 02:06:49,690
meaning build your own power plant on your own data center site.

1436
02:06:50,090 --> 02:06:55,190
That won't require integration in the traditional sense with utilities,

1437
02:06:55,190 --> 02:07:03,790
but it will require energy source. That energy source today is natural gas, is not coal, and it's not nuke.

1438
02:07:04,090 --> 02:07:10,270
Nuke will be coming, but it's just not here yet. Frankly, I don't think it'll be here for eight to ten years.

1439
02:07:11,070 --> 02:07:20,450
And so, natural gas-fired power plants to spend the turbines to power the data centers is where this is going to be for the next eight to ten years.

1440
02:07:21,050 --> 02:07:27,150
I would say what I just heard makes a lot of sense, as long as it's flexible, as long as it's adaptable.

1441
02:07:27,870 --> 02:07:36,430
Data centers are incredibly important to unincorporated Lenn County, Lenn County, generally, huge economic benefit.

1442
02:07:36,830 --> 02:07:40,210
Also detriment, but it's highly, highly impactful.

1443
02:07:41,050 --> 02:07:46,770
So I would say the next item on the agenda ought to be baked into this agenda.

1444
02:07:46,770 --> 02:07:55,070
which is thinking about the location of natural gas fired power plants separate apart from this is not where the world is today.

1445
02:07:55,610 --> 02:08:03,990
They actually go together, whether the setback is 1,000 feet or 2.25 miles, it's all the same.

1446
02:08:04,870 --> 02:08:10,350
So I agree that I don't know about pause because I think you need to do something.

1447
02:08:10,350 --> 02:08:19,930
But I also think what you do has to have built-in flexibility that allows you as well as the commissioners generally to say,

1448
02:08:20,450 --> 02:08:25,770
you're going to have to come and get our approval every single time you're going to do a data center.

1449
02:08:25,990 --> 02:08:31,830
You're going to have to get our approval on power, you're going to have to get our approval on water, you're going to have to get our approval on setbacks.

1450
02:08:32,090 --> 02:08:36,650
We're not going to prejudge it because things are moving too fast to prejudge it.

1451
02:08:36,650 --> 02:08:40,810
So, no preclusion, but no approval, either, in advance.

1452
02:08:42,190 --> 02:08:43,210
Those are my thoughts.

1453
02:08:44,750 --> 02:08:45,210
Thank you.

1454
02:08:49,370 --> 02:08:54,290
My name is Stacey Bakker, and I reside at 5021 Lynn Benton Road, which would be in Fairfax.

1455
02:08:55,410 --> 02:09:00,090
It's Section 7, Township 8 on the land that I own.

1456
02:09:00,730 --> 02:09:07,430
I would like to thank you for doing your due diligence to conduct these studies,

1457
02:09:07,430 --> 02:09:13,090
but then to also set specifications around what it's going to look like and what it's

1458
02:09:13,090 --> 02:09:17,070
going to mean for our community and a role in county residents.

1459
02:09:17,710 --> 02:09:23,710
The one thing that I am missing and seeing anything in regards to consideration is what

1460
02:09:23,710 --> 02:09:26,430
Iowa is known for, agriculture.

1461
02:09:27,390 --> 02:09:35,950
The land that is being requested for turning over, for example, Google 800 acres will no

1462
02:09:35,950 --> 02:09:41,950
longer ever produce 160,000 bushel of corn ever again.

1463
02:09:42,610 --> 02:09:46,410
So I'm just here, I'm going to read a little thing that I sent in a case here to try to

1464
02:09:46,410 --> 02:09:50,010
learn more about this and how it's impacting all of us, our neighbors.

1465
02:09:50,690 --> 02:09:56,910
But I really speak for my daughter, my 14-year-old daughter, who will be the 7th generation to inherit

1466
02:09:56,910 --> 02:10:03,750
a farm, a homestead, and many acres that's been in our home, or heritage, 173 years.

1467
02:10:03,750 --> 02:10:11,230
So, is powering the AI evolution really in the best interest of our community or have

1468
02:10:11,230 --> 02:10:13,810
we lost the advantage of selling ourselves out?

1469
02:10:14,850 --> 02:10:18,330
I've been a conscious observer of the ongoing expansion of the development of what will

1470
02:10:18,330 --> 02:10:23,790
be happening with the direction Cedar Rapids is taking with the industry and power sourcing

1471
02:10:23,790 --> 02:10:29,670
since 2021 when the Iowa Utilities Board held a local land over meeting and Fairfax on

1472
02:10:29,670 --> 02:10:35,410
the upgrades of their Morgan Valley Twinkle Power Line project. At that time, we had no choice

1473
02:10:35,410 --> 02:10:43,710
in regard to pre-existing lines at the Grandfather tried to push back against 1959 that were

1474
02:10:43,710 --> 02:10:52,670
condemned, that they had indicated to us that this was merely just an upgrade. And at the time

1475
02:10:52,670 --> 02:10:58,270
we were told, we were not told that these were actually in fact a power pre-existing that

1476
02:10:58,270 --> 02:11:02,190
You already knew Google and QPS data centers that were coming in.

1477
02:11:02,590 --> 02:11:06,230
I sat through several town hall meetings and very fax listening to the potential of the

1478
02:11:06,230 --> 02:11:11,190
wells running dry due to demand and the new aqua fire projects on our most valuable resource

1479
02:11:11,190 --> 02:11:15,870
in water and the land that produces the food to feed us.

1480
02:11:16,330 --> 02:11:21,450
When I heard 800 acres of Google was coming to town, I actually was ecstatic about the development

1481
02:11:21,450 --> 02:11:28,590
an opportunity that would bring here in the jobs and all of the residential growth and

1482
02:11:28,590 --> 02:11:29,970
how this would help our community.

1483
02:11:30,650 --> 02:11:35,070
But then later learned and discovered these massive data centers would really employ about

1484
02:11:35,070 --> 02:11:37,710
35 people per facility.

1485
02:11:38,390 --> 02:11:44,650
They're here to take our energy, our water, and our land for billions of dollars in profit

1486
02:11:44,650 --> 02:11:45,330
to themselves.

1487
02:11:45,330 --> 02:11:52,250
In October, my neighbors were, and this is all, you know, everybody's selling now because

1488
02:11:52,250 --> 02:11:57,030
the average acre, you can get $15,000 an acre if you're going to keep it an agricultural.

1489
02:11:57,790 --> 02:12:02,110
These companies have come to me and offered $80,000 an acre.

1490
02:12:02,450 --> 02:12:07,990
You're looking at a multi-millionaire, if I sign a contract, to put lithium ion batteries

1491
02:12:07,990 --> 02:12:16,190
on my land, and or sell out to data center support for what these huge warehouses need to power them.

1492
02:12:17,610 --> 02:12:27,270
Other neighbors, I've heard now in the stallments that have been there many, many years, have 80 acres contracted to potentially put this gas power plan up.

1493
02:12:27,670 --> 02:12:28,870
That's going to be my new neighbor.

1494
02:12:31,050 --> 02:12:37,250
This is also on the corner Highway 30 Lynn Benton of Road, right on the adjacent to Morgan Valley Township.

1495
02:12:37,250 --> 02:12:45,790
with thousands and thousands, with investors from Chicago subsequently funded by Black

1496
02:12:45,790 --> 02:12:49,610
Warock in regards to what they want to do with the land.

1497
02:12:50,150 --> 02:12:54,510
Now Duane Arnold will be coming back on with next-era energies promise and Google's

1498
02:12:54,510 --> 02:12:58,650
force to bring a non-operational nuclear dust plant back online to support the astronomical

1499
02:12:58,650 --> 02:13:01,350
power demand that these AI centers required to operate.

1500
02:13:02,050 --> 02:13:06,770
There are three offline nuclear plants in the United States, guys, that have never been reconvened.

1501
02:13:06,770 --> 02:13:12,950
that's already done deal. It's happening, right? But we need to make a decision about how we're

1502
02:13:12,950 --> 02:13:18,730
going to protect the future of the land that is going to be turned over. And when somebody comes to

1503
02:13:18,730 --> 02:13:26,010
you for 120,000 and up and acre, that's your choice. But what a decision to make when you're losing

1504
02:13:26,010 --> 02:13:30,530
money if you're just planting corn and beans, right? It's like an unfair advantage. And that's probably

1505
02:13:30,530 --> 02:13:36,030
way beyond you guys. I thought about Colin Chuck Grassley. But I'm just asking you to please

1506
02:13:36,030 --> 02:13:39,810
really think about the future of what's happening here.

1507
02:13:40,630 --> 02:13:44,190
Even from where I'm at on my hill on Lynn Benton Road in West Cemetery,

1508
02:13:44,610 --> 02:13:50,330
it looks like the sun is coming up from the data center that are existing there.

1509
02:13:50,430 --> 02:13:54,010
It's so much light and that's looking over out on Highway 30.

1510
02:13:54,310 --> 02:13:55,790
We're at five minutes, so.

1511
02:13:56,230 --> 02:14:01,570
So just to wrap this up, we also have to take into consideration what's happened in other areas.

1512
02:14:01,570 --> 02:14:05,850
I wanted to give you guys cited resource for Stanford E.D.U. data center.

1513
02:14:06,090 --> 02:14:07,650
They're safe for power and water.

1514
02:14:07,830 --> 02:14:09,170
There are many studies on this.

1515
02:14:09,390 --> 02:14:13,350
Amazon 11 billion, how it has impacted communities in Indiana.

1516
02:14:13,890 --> 02:14:19,410
But the one thing that you have to take into account is we are the number one producer of corn,

1517
02:14:19,930 --> 02:14:21,510
pork, eggs, and beans.

1518
02:14:22,270 --> 02:14:27,510
You are letting hungry teenage boys in the pantry and they're going to eat it up.

1519
02:14:28,150 --> 02:14:28,550
Thank you.

1520
02:14:28,550 --> 02:14:29,430
Does

1521
02:14:34,290 --> 02:14:37,030
anyone else want to make public comment on this case?

1522
02:14:41,740 --> 02:14:47,520
Good evening, I'm John, this is a classic, and I live at 531 Laundale Drive, Southeast

1523
02:14:47,520 --> 02:14:48,800
in Cedar Rapids, Iowa.

1524
02:14:49,660 --> 02:14:55,300
I wanted to express my appreciation to the staff of Lynn County for spending the time and

1525
02:14:55,300 --> 02:14:58,780
an effort that they have to develop this ordinance.

1526
02:15:00,000 --> 02:15:29,660
Clear, they did a great deal of research. I worked for over 20 years in information technology and dealt extensively with data centers, so I completely understand what they do currently, and I've gained an understanding of how they're going to evolve into the future. I think that it's amazing what's been put in here to deal with one of the biggest issues which is water for us. So as you all know, we're going to restart the Duane Energy Center. They already have a very significant

1527
02:15:29,660 --> 02:15:37,340
water use agreement in place and we also have many of you know our waste treatment plant deals

1528
02:15:37,340 --> 02:15:42,060
with waste water equal to the equivalent of a population of 2 million people and that's

1529
02:15:42,060 --> 02:15:47,540
because we also process all the industrial waste from companies like ADM. They use massive amounts

1530
02:15:47,540 --> 02:15:53,440
of water and so these data centers are going to add to that water consumption and what I wanted to bring

1531
02:15:53,440 --> 02:16:00,860
up was the fact that the way climate is changing. If you look at the forecasts for Iowa going forward,

1532
02:16:01,400 --> 02:16:06,240
you can see temperatures are going to rise and of course we've been having typically more water

1533
02:16:06,240 --> 02:16:11,600
in the spring, but then we hit these periods where things just dry out and those of you who have

1534
02:16:11,600 --> 02:16:17,320
been working your land know the amount of moisture that comes out of the soil in very short periods

1535
02:16:17,320 --> 02:16:24,180
of time is astounding, the level of diminished water in our streams increases very rapidly.

1536
02:16:24,840 --> 02:16:31,120
And so it's good that Charlie's got all that data in there, and all those relationships

1537
02:16:31,120 --> 02:16:36,100
built in with the organizations that are going to manage this because I can just see there

1538
02:16:36,100 --> 02:16:42,080
being a point where we hit one of these flash droughts, and now the nuclear plant doesn't

1539
02:16:42,080 --> 02:16:46,200
have sufficient water, or it's overheating the water, it's letting out into the streams.

1540
02:16:46,200 --> 02:16:52,220
And so it has to shut down at the same times the data centers now may not have enough water

1541
02:16:52,220 --> 02:16:56,940
So they're going to turn up their compressors and pumps, which is going to require more energy

1542
02:16:56,940 --> 02:17:04,620
But the nuclear plants shutting down and of course you've got ADM that has all their water needs and their process is good slow down

1543
02:17:04,620 --> 02:17:14,760
So I just think it's extremely important that wood Charlie's done is built upon over time so we can manage these kinds of events going forward

1544
02:17:14,760 --> 02:17:16,080
Thank you very much.

1545
02:17:16,200 --> 02:17:16,540
Thank you.

1546
02:17:22,620 --> 02:17:25,620
Is there anyone else who want to make public comment on this topic?

1547
02:17:32,570 --> 02:17:35,910
Okay, saying no additional public comment, we will close public comment.

1548
02:17:37,450 --> 02:17:41,210
Charlie, I think we had a few questions maybe.

1549
02:17:53,770 --> 02:17:58,730
I know that one of the concerns was whether or not the county was going to be putting any

1550
02:17:58,730 --> 02:18:04,230
like financial benefits, while it does say that that's a possibility this does not in any

1551
02:18:04,230 --> 02:18:05,730
and we guarantee that, correct?

1552
02:18:06,370 --> 02:18:09,070
No, and that would be a decision for the Board of Supervisors

1553
02:18:09,070 --> 02:18:09,470
to make.

1554
02:18:09,610 --> 02:18:11,350
It was pointed out that the City of Cedar Rapids

1555
02:18:11,350 --> 02:18:15,190
has given a 70% tax abatement to the Google Data Center

1556
02:18:15,190 --> 02:18:15,690
project.

1557
02:18:16,970 --> 02:18:20,270
The national conversation has turned such

1558
02:18:20,270 --> 02:18:24,450
that giving tax incentives to data centers

1559
02:18:24,450 --> 02:18:26,750
is being seen as something that is not really

1560
02:18:26,750 --> 02:18:28,190
necessary for their business model.

1561
02:18:28,370 --> 02:18:31,050
So I'm not sure what the Board of Supervisors will choose

1562
02:18:31,050 --> 02:18:32,710
to do at that point, but I think it's

1563
02:18:32,710 --> 02:18:36,010
a very valid concern and point people are bringing up

1564
02:18:36,010 --> 02:18:40,210
of why would a large company need property tax incentives

1565
02:18:40,210 --> 02:18:42,290
from either a local county or a local city.

1566
02:18:42,470 --> 02:18:44,490
So that will be a question that is addressed

1567
02:18:44,490 --> 02:18:47,370
by the sort of supervisors, but it's not prescribing

1568
02:18:47,370 --> 02:18:49,810
or code what tax incentives have to look like

1569
02:18:49,810 --> 02:18:50,950
or what they should not be.

1570
02:18:52,840 --> 02:18:56,840
With the consultants and stuff that y'all got,

1571
02:18:57,380 --> 02:19:00,520
and Mr. just more for my curiosity, do they give an estimate

1572
02:19:00,520 --> 02:19:03,420
of what they thought of property tax like influx would be

1573
02:19:03,420 --> 02:19:07,420
If data centers are built, like for data center, for megawatt, anything like that.

1574
02:19:07,680 --> 02:19:09,500
Do you mean like as the benefit to the county?

1575
02:19:09,500 --> 02:19:10,820
Correct, yeah, to the county.

1576
02:19:12,160 --> 02:19:13,160
They did not.

1577
02:19:13,720 --> 02:19:18,460
We can estimate it by looking at the buildings being constructed and cedar outfits right

1578
02:19:18,460 --> 02:19:18,740
now.

1579
02:19:20,360 --> 02:19:25,420
And they don't have final numbers in its all preliminary, but we're talking about facilities

1580
02:19:25,420 --> 02:19:30,060
that will be one of the largest taxpayers in the city or in the county if they're constructed

1581
02:19:30,060 --> 02:19:30,560
in the county.

1582
02:19:30,560 --> 02:19:33,400
It would be very large property tax bills.

1583
02:19:34,220 --> 02:19:34,840
Thank you.

1584
02:19:36,020 --> 02:19:41,200
There was a question about if there would be review of additions, like if they were going to build additional things.

1585
02:19:41,340 --> 02:19:43,420
I feel like it was in the ordinance, but I can't remember.

1586
02:19:44,280 --> 02:19:47,720
Yes, so data centers are typically built in phases.

1587
02:19:48,140 --> 02:19:55,160
So a developer will apply for a site to build anywhere between five to seven buildings.

1588
02:19:55,800 --> 02:20:03,200
that would be the rezoning would approve a package for a phased type. So the

1589
02:20:03,200 --> 02:20:08,600
zoning approval would happen once for a multi-phase site information like

1590
02:20:08,600 --> 02:20:12,320
water usage would come in on a per building basis as the buildings get

1591
02:20:12,320 --> 02:20:16,440
constructed. So the way our code is set up right now is that zoning approval

1592
02:20:16,440 --> 02:20:21,180
rezoning is needed for the site itself but the rezoning is not needed for every

1593
02:20:21,180 --> 02:20:26,260
additional building. But those other assessments would be done for each additional building.

1594
02:20:26,500 --> 02:20:29,800
Yes. Meaning electrical and water and those kind of things.

1595
02:20:32,280 --> 02:20:34,140
Can you remind the additional

1596
02:20:34,140 --> 02:20:38,900
uses, approved uses? Can we go back to that side? I just want to review them again because I did

1597
02:20:38,900 --> 02:20:39,620
come up as well.

1598
02:20:45,100 --> 02:20:52,460
And again, the battery energy storage system has other policies, our code. Yes.

1599
02:20:52,460 --> 02:20:57,820
for Win County already, and as well as solar raise.

1600
02:20:59,440 --> 02:21:04,140
If it's a solar array just for the site, it wouldn't go under our utility scale solar

1601
02:21:04,140 --> 02:21:04,760
regulations.

1602
02:21:04,760 --> 02:21:07,260
They would be treated as an accessory solar project.

1603
02:21:07,900 --> 02:21:12,720
These are a list of uses that are typically seen within data center developments.

1604
02:21:13,360 --> 02:21:17,800
So a data center campus contains the building itself, but then has a lot of support infrastructure.

1605
02:21:17,800 --> 02:21:24,400
So, electrical substations, power distribution equipment are often part of those projects.

1606
02:21:25,000 --> 02:21:29,040
Water treatment and recycling facilities are also commonly part of those projects.

1607
02:21:29,620 --> 02:21:33,960
So the list of accessory uses are things that you would typically find within a data

1608
02:21:33,960 --> 02:21:34,580
setter campus.

1609
02:21:42,520 --> 02:21:46,380
If there were concerns, either, let's say, like, even for the sound, right?

1610
02:21:46,520 --> 02:21:50,400
There's every five years there's going to be an assessment done for sound, but what if

1611
02:21:50,400 --> 02:21:53,020
were complaint in the middle of that period,

1612
02:21:53,760 --> 02:21:56,600
like how would I make a complaint and what would happen?

1613
02:21:57,220 --> 02:21:59,000
So if there was a complaint,

1614
02:21:59,800 --> 02:22:02,240
the zoning department would look into it and verify

1615
02:22:02,240 --> 02:22:06,140
if there were for grounds to require a sound assessment

1616
02:22:06,140 --> 02:22:08,260
to be done before that five year period,

1617
02:22:08,640 --> 02:22:11,540
we would probably use kind of ad hoc measurement equipment

1618
02:22:11,540 --> 02:22:15,000
to establish is this close enough that there's a possibility

1619
02:22:15,000 --> 02:22:17,520
that evaluating the sound regulations and if it is,

1620
02:22:17,620 --> 02:22:19,920
then we would require that test to be done

1621
02:22:19,920 --> 02:22:21,200
before the five-year period.

1622
02:22:21,680 --> 02:22:23,600
And so the sound is a specific issue.

1623
02:22:23,760 --> 02:22:26,480
But if any of the things, and if there were concerns

1624
02:22:26,480 --> 02:22:28,460
about any of the things that the data center

1625
02:22:28,460 --> 02:22:29,620
is supposed to be following, those

1626
02:22:29,620 --> 02:22:31,820
could also be followed upon at any point.

1627
02:22:32,320 --> 02:22:32,500
Yes.

1628
02:22:36,760 --> 02:22:37,900
Charlie, this is Diane.

1629
02:22:38,480 --> 02:22:40,760
When you talk about the large scale,

1630
02:22:41,780 --> 02:22:43,960
what's the footprint size of that?

1631
02:22:45,460 --> 02:22:51,740
I'm listening to some of the comments about land

1632
02:22:51,740 --> 02:22:59,200
in our availability land and so one I think about how many of these data centers are coming

1633
02:22:59,200 --> 02:23:06,160
to Iowa and why that's one thing I think about. I think we make it easy for them and

1634
02:23:06,160 --> 02:23:11,460
two, what's the footprint? I'd like to kind of get a wrap my head around that.

1635
02:23:12,200 --> 02:23:16,680
Yes, so the footprint ranges in size. If we again look at the Cedar Rapids project, you

1636
02:23:16,680 --> 02:23:22,620
you know, Google's buildings range from 250,000 square feet

1637
02:23:22,620 --> 02:23:24,780
to 350,000 square feet per building.

1638
02:23:25,300 --> 02:23:28,520
QTS' buildings are more like 1 million square feet per building.

1639
02:23:28,680 --> 02:23:30,720
So it depends on who is developing them.

1640
02:23:31,460 --> 02:23:34,980
And there is a pretty wide range of 250,000 square feet

1641
02:23:34,980 --> 02:23:36,460
to a million square feet per building.

1642
02:23:38,390 --> 02:23:42,530
And how many buildings do they, when we look at what's already

1643
02:23:42,530 --> 02:23:45,970
been built, how many buildings do they put on a campus?

1644
02:23:45,970 --> 02:23:54,050
Do you have an average number typically is between four and seven so they will commit to building one to two buildings for sure

1645
02:23:54,050 --> 02:24:00,410
But then they will plan to build between four and seven if if the operations go smoothly and they're able to keep

1646
02:24:00,410 --> 02:24:02,770
Constructing one building after the other

1647
02:24:04,340 --> 02:24:07,940
Is there a reason why they can't build upward instead of?

1648
02:24:09,100 --> 02:24:16,000
You know vertically instead of taking up all the land that they take up is there a reason why they don't do that?

1649
02:24:16,000 --> 02:24:26,140
I would imagine if we were in New York City, they would build up for it here in Iowa, it seems like people want to build laterally.

1650
02:24:26,640 --> 02:24:39,040
Yeah, it's just the cost. If you go up, then you need more support for the additional floors and it becomes more expensive, the taller you make the buildings. It's cheaper to build single-story larger buildings.

1651
02:24:39,040 --> 02:24:43,340
things. Generally, data centers have like false floors. If a condition that blows up,

1652
02:24:43,420 --> 02:24:46,680
if you build up, it's going to be really hot. And it's going to even hotter and it's

1653
02:24:46,680 --> 02:24:49,830
going to use more water, generally.

1654
02:24:51,450 --> 02:24:53,130
Other questions from commission members?

1655
02:24:56,630 --> 02:25:01,910
Charlie, do you know does the city have any kind of decommissioning plan for any of the data

1656
02:25:01,910 --> 02:25:05,710
center buildings that are going up in the city? Is there, there's nothing in your ordinance

1657
02:25:05,710 --> 02:25:06,850
about decommissioning, is there?

1658
02:25:07,330 --> 02:25:10,790
Right on both counts. So the city does not have any decommissioning plan requirements and

1659
02:25:10,790 --> 02:25:13,530
and we are not proposing a decommissioning plan requirement for this ordinance.

1660
02:25:18,460 --> 02:25:18,960
Why not?

1661
02:25:21,820 --> 02:25:27,940
It's not something that we typically require for commercial or industrial uses.

1662
02:25:28,340 --> 02:25:34,120
We do require them for the solar projects and the wind projects because of the scale of

1663
02:25:34,120 --> 02:25:34,740
those projects.

1664
02:25:35,280 --> 02:25:41,420
I have heard arguments that decommissioning plans should be part of the requirement for data

1665
02:25:41,420 --> 02:25:42,620
centers moving forward.

1666
02:25:44,080 --> 02:25:48,520
but there's not a concern either among the planning practice or the data

1667
02:25:48,520 --> 02:25:53,220
setter industry that when these buildings reach their end of useful life

1668
02:25:53,880 --> 02:25:58,660
that they won't be repurposed for something else. There's just not that

1669
02:25:58,660 --> 02:26:03,020
concern right now that this is something that is going to be a vacant warehouse

1670
02:26:03,020 --> 02:26:06,940
basically when it gets to its end of life. It's going to be useful and it's going to

1671
02:26:06,940 --> 02:26:08,380
always have some sort of purpose.

1672
02:26:10,520 --> 02:26:12,180
That's why we're not proposing it today.

1673
02:26:12,180 --> 02:26:13,100
I

1674
02:26:16,400 --> 02:26:19,420
know when we talked about this before water and electricity obviously we're

1675
02:26:19,420 --> 02:26:24,500
big concern so I do appreciate the regular data collection and making that

1676
02:26:24,500 --> 02:26:28,940
public to the public because while the county may not be able to make

1677
02:26:28,940 --> 02:26:33,420
decisions about limiting the water if it's public information then at least the

1678
02:26:33,420 --> 02:26:38,500
public can have an opinion on that so I do appreciate having that very clearly

1679
02:26:38,500 --> 02:26:40,380
delineated and

1680
02:26:45,140 --> 02:26:48,000
it's closing comment I do want to validate the concerns of people who

1681
02:26:48,000 --> 02:26:52,720
have spoken so far, that there are valid concerns around water usage, power usage, just the

1682
02:26:52,720 --> 02:26:58,380
impact of these facilities on the community. And when a, when an if the county does give

1683
02:26:58,380 --> 02:27:04,660
a proposal to rezone land for a data center project, voting no on the proposal is an option

1684
02:27:04,660 --> 02:27:08,720
that the Board of Supervisors can take. What we are trying to do with this code is provide

1685
02:27:08,720 --> 02:27:13,460
the planning commission and the Board of Supervisors with as much information as possible on any future

1686
02:27:13,460 --> 02:27:15,720
your potential project to make that call of,

1687
02:27:15,800 --> 02:27:18,760
is this a good decision for our community, or is it not?

1688
02:27:19,660 --> 02:27:22,060
One lesson that we did learn from other communities

1689
02:27:22,060 --> 02:27:26,440
was you want to have approval authority over these sites.

1690
02:27:26,580 --> 02:27:28,040
You do not want them to be allowed by right.

1691
02:27:28,440 --> 02:27:30,980
So a lot of the counties in Virginia had data centers

1692
02:27:30,980 --> 02:27:33,700
as allowed by right in certain zoning districts.

1693
02:27:34,000 --> 02:27:37,880
So they were popping up without any board of supervisors

1694
02:27:37,880 --> 02:27:39,960
oversight or input from the public.

1695
02:27:40,820 --> 02:28:01,520
And now that's changing and people are shifting towards having a rezoning model like we're proposing here, I think the important part is that for every data center project that is proposed, there is public scrutiny on it, there is a public process where these projects are discussed and evaluated in public and then the elected officials make the decision based on the public comment and the information they have.

1696
02:28:01,520 --> 02:28:02,100
Oh,

1697
02:28:08,270 --> 02:28:16,610
sorry, I appreciate you and your team the work that you did and the information that you gathered, I really appreciate that, sharing that with us.

1698
02:28:19,570 --> 02:28:21,350
Okay, any other questions from commission members?

1699
02:28:25,400 --> 02:28:32,480
Okay, now is there a motion regarding ordinance amendment case number PA26-001?

1700
02:28:35,120 --> 02:28:38,940
Can you go to the choices or options?

1701
02:28:38,940 --> 02:28:40,000
So,

1702
02:28:46,220 --> 02:29:00,260
again, our options are basically the same, approve based on what it is at, approve with some proposed changes, deny it, or send it back for review if we have specific things that staff.

1703
02:29:00,800 --> 02:29:03,460
We want staff to review on and modify.

1704
02:29:10,660 --> 02:29:14,100
I would make the motion to approve the proposed amendments, no changes to draft ordinance.

1705
02:29:15,020 --> 02:29:17,640
Okay, and we have a motion on the floor to approve.

1706
02:29:17,820 --> 02:29:22,860
Do we have a question that would you also approve or recommend approval of the two changes

1707
02:29:22,860 --> 02:29:28,960
I mentioned of removing the language excluding diesel generators and the power plan requirements

1708
02:29:28,960 --> 02:29:29,700
to the building.

1709
02:29:29,900 --> 02:29:30,960
So then the only issue number two.

1710
02:29:32,120 --> 02:29:34,560
Yeah, if you're okay with doing that.

1711
02:29:34,900 --> 02:29:39,140
So I will change my motion to approve the proposed amendments with changes to the draft ordinance.

1712
02:29:39,600 --> 02:29:39,960
Thank you, Chair.

1713
02:29:40,660 --> 02:29:42,040
As presented at this meeting.

1714
02:29:42,040 --> 02:29:42,420
Yes.

1715
02:29:43,520 --> 02:29:44,840
Do we have a second?

1716
02:29:45,780 --> 02:29:46,460
I'll second.

1717
02:29:47,320 --> 02:29:47,640
Okay.

1718
02:29:47,900 --> 02:29:50,080
Any further discussion by commission members?

1719
02:29:53,070 --> 02:29:55,570
I would just like to say I think this is a great first step.

1720
02:29:56,050 --> 02:29:59,970
And as we've seen with other ordinances we've done, if it needs to be revised, they'll be...

1721
02:30:00,000 --> 02:30:03,180
Revision, so it is a work in progress always, I think.

1722
02:30:07,610 --> 02:30:09,670
Any other discussion by commission members?

1723
02:30:12,360 --> 02:30:15,580
Can we have a roll call vote by the secretary, please?

1724
02:30:16,020 --> 02:30:17,300
Crats, Aye.

1725
02:30:19,460 --> 02:30:23,380
Du Bois, Aye. Sadler, Aye.

1726
02:30:24,940 --> 02:30:27,740
Kunz, Aye. Brecht.

1727
02:30:34,110 --> 02:30:40,390
Up next is case number PA-266-0002, ordinance amendment, gas electric generating facility

1728
02:30:40,390 --> 02:30:42,570
presentation by SAF, Charlie Nichols.

1729
02:30:42,810 --> 02:30:47,650
All right, last item here, the people in the back, you want to move forward, you can, or

1730
02:30:47,650 --> 02:30:49,690
you can just stay back there, whatever you want.

1731
02:30:50,450 --> 02:30:51,230
Come on up to the front.

1732
02:30:51,410 --> 02:30:51,450
Yeah.

1733
02:30:52,650 --> 02:30:59,070
So we're on PA26002, another tech amendment this time for gas-fired electric-generating

1734
02:30:59,070 --> 02:30:59,710
facilities.

1735
02:31:00,450 --> 02:31:04,530
A brief background, what is an electric-generating facility, it produces electricity for

1736
02:31:04,530 --> 02:31:09,390
off-site distribution using the combustion of natural gas and turbines for reciprocating

1737
02:31:09,390 --> 02:31:14,330
engines, these facilities typically include tall stacks, cooling systems, emission controls

1738
02:31:14,330 --> 02:31:18,450
equipment, and electrical interconnection infrastructure, and they're designed for

1739
02:31:18,450 --> 02:31:23,870
continuous operation over multi-decade lifespans. This photo here is a picture of

1740
02:31:23,870 --> 02:31:27,650
Alliance Energy's natural gas plant in Marshalltown, Iowa. You can see the

1741
02:31:27,650 --> 02:31:31,850
stacks and generally this is what gas power plants look like.

1742
02:31:38,590 --> 02:31:39,370
So why are we

1743
02:31:39,370 --> 02:31:43,610
line energy proposed constructing a gas fire facility within the city of Fairfax.

1744
02:31:43,790 --> 02:31:48,490
That proposal prompted significant public interest, including concerns on land use, compatibility,

1745
02:31:49,250 --> 02:31:54,990
proximity to population, infrastructure impacts and community impacts, and following this concern

1746
02:31:54,990 --> 02:31:59,670
in this interest, a line expanded its site selection for other properties, including properties

1747
02:31:59,670 --> 02:32:00,590
within Lynn County.

1748
02:32:02,960 --> 02:32:04,480
Some more background on this.

1749
02:32:04,620 --> 02:32:10,500
There were concerns over the Fairfax location within the airport hazard area that the stacks

1750
02:32:10,500 --> 02:32:19,640
And the steam emitted from the stacks could cause conflicts with approaching airplanes or future expansions of runways at the eastern Iowa airport.

1751
02:32:21,040 --> 02:32:28,260
We also have, so our current regulations for gas fire electric generating facilities require conditional use permits.

1752
02:32:28,440 --> 02:32:34,760
So there's no specific standards for these facilities that they are allowed with conditional use permits in agricultural zoning areas.

1753
02:32:34,760 --> 02:32:39,780
Today, we are proposing adding those into the exclusive use to district that was created

1754
02:32:39,780 --> 02:32:40,920
for nuclear power uses.

1755
02:32:41,480 --> 02:32:44,920
And finally, on the background, the public health department has a big role to play in

1756
02:32:44,920 --> 02:32:45,980
permitting these facilities.

1757
02:32:46,500 --> 02:32:50,620
A topic of discussion during the Fairfax meetings was air quality and emissions.

1758
02:32:51,320 --> 02:32:55,860
The public health department issues permits on air quality and emissions for these facilities

1759
02:32:55,860 --> 02:33:00,980
to make sure they are staying below allowable standards on a community-wide basis, not just

1760
02:33:00,980 --> 02:33:02,120
a site-specific basis.

1761
02:33:05,060 --> 02:33:13,900
We've had some public comment on this before this meeting, so we've had public comments supporting this project and alliance, investment, and energy investment in our community.

1762
02:33:14,400 --> 02:33:25,860
We've had public comment over our proposed setback. I will get into that in the ordinance that we are proposing a very large setback from population centers and we've had comment over that would make it hard to build these facilities.

1763
02:33:25,860 --> 02:33:30,600
And there's also just a general public comment about concerns on air quality and health,

1764
02:33:30,940 --> 02:33:35,120
noise and quality of life impacts, airport safety and compatibility concerns.

1765
02:33:35,720 --> 02:33:42,100
And then we've also had public comment on the economic and tax benefits that a natural gas power plant would bring to the community.

1766
02:33:45,240 --> 02:33:54,660
So getting into the ordinance amendments, the purpose and intent here is to establish clear land use standards for gas fired electric generating facilities that reflect their scale.

1767
02:33:54,660 --> 02:34:00,700
protect public health safety and welfare through planning level tools like setbacks and noise standards and

1768
02:34:00,700 --> 02:34:07,640
Provide a predictable and transparent framework that supports responsible energy investment while aligning with the county's comprehensive plan

1769
02:34:09,370 --> 02:34:14,070
A couple definitions to get started airport hazard area when I talk about that

1770
02:34:14,070 --> 02:34:19,870
That means any land any area of land or water or space above it lying within the approach transitional horizontal

1771
02:34:19,870 --> 02:34:22,770
or chemical surfaces as defined and adopted,

1772
02:34:22,950 --> 02:34:25,510
airport hazard zoning ordinance applicable

1773
02:34:25,510 --> 02:34:27,190
for a publicly controlled airport.

1774
02:34:27,430 --> 02:34:28,250
So that's an important part.

1775
02:34:28,250 --> 02:34:29,850
It doesn't apply to private airports.

1776
02:34:30,410 --> 02:34:31,910
It is only for public airports.

1777
02:34:32,870 --> 02:34:34,770
A population center means the corporate limits

1778
02:34:34,770 --> 02:34:37,090
of an incorporated city or any U.S. census

1779
02:34:37,090 --> 02:34:38,190
defined urban area.

1780
02:34:38,690 --> 02:34:40,490
And then a publicly controlled airport means

1781
02:34:40,490 --> 02:34:42,970
an airport or under controlled by municipality.

1782
02:34:43,430 --> 02:34:45,070
The Eastern Iowa Airport qualifies

1783
02:34:45,070 --> 02:34:46,210
as the publicly owned airport.

1784
02:34:46,570 --> 02:34:48,590
The Merian Airport does not because it was sold

1785
02:34:48,590 --> 02:34:52,330
to a private owner in the city of Marion no longer has involvement with that report.

1786
02:34:55,070 --> 02:35:00,030
So what we are proposing is adding in gas-fired electrical generating facilities as a permitted

1787
02:35:00,030 --> 02:35:04,550
use in the exclusive use to zoning district that was created for nuclear power generating

1788
02:35:04,550 --> 02:35:05,170
facilities.

1789
02:35:06,030 --> 02:35:10,850
So with this change, the principal permitted uses in this zoning district would be nuclear

1790
02:35:10,850 --> 02:35:15,710
energy generation facilities, nuclear waste storage facilities, and gas-fired electric generating

1791
02:35:15,710 --> 02:35:16,310
facilities.

1792
02:35:16,310 --> 02:35:18,970
is we're also proposing a few new accessory uses,

1793
02:35:19,570 --> 02:35:20,870
interconnection and metering stations,

1794
02:35:21,270 --> 02:35:24,090
onsite substations, water intake and outfall structures,

1795
02:35:24,570 --> 02:35:26,570
onsite water treatment, and then cooling towers

1796
02:35:26,570 --> 02:35:28,450
or air cooled towers would all be allowed

1797
02:35:28,450 --> 02:35:30,070
accessory uses in this district.

1798
02:35:32,820 --> 02:35:34,000
Site and structure requirements.

1799
02:35:34,960 --> 02:35:38,160
So we are proposing 200 foot front rear side

1800
02:35:38,160 --> 02:35:39,300
and corner yard setbacks.

1801
02:35:39,540 --> 02:35:41,840
We are also proposing a setback to dwellings

1802
02:35:41,840 --> 02:35:44,580
in places of public assembly of a thousand feet

1803
02:35:44,580 --> 02:35:46,720
measured from the closest outer wall at the facility

1804
02:35:46,720 --> 02:35:50,080
to the closest point of the dwelling or place of public assembly.

1805
02:35:50,620 --> 02:35:55,320
And the definition of the public assembly place follows what we had for data centers.

1806
02:35:56,440 --> 02:36:00,740
Setbacks can be reduced to zero and property but another property used for the same use.

1807
02:36:01,100 --> 02:36:05,920
So if a developer controlled multiple parcels but they were all used for the gas power plant,

1808
02:36:06,300 --> 02:36:08,880
the setbacks could be reduced to zero in between those parcels.

1809
02:36:10,060 --> 02:36:14,660
Setbacks can also be reduced to zero where an intake or outfall structure or utility connection

1810
02:36:14,660 --> 02:36:16,420
and or other infrastructure components

1811
02:36:16,420 --> 02:36:18,580
to be located at or near the property boundary.

1812
02:36:22,120 --> 02:36:23,400
And this is the last part of our setback

1813
02:36:23,400 --> 02:36:25,700
and the one we have received public comment on.

1814
02:36:26,660 --> 02:36:28,440
Gas-fired electric generating facilities,

1815
02:36:28,440 --> 02:36:31,480
we are proposing a 2.25 mile setback

1816
02:36:31,480 --> 02:36:33,200
to any residential zoning district

1817
02:36:33,200 --> 02:36:34,800
within a population center.

1818
02:36:35,160 --> 02:36:37,980
As determined under this subsection,

1819
02:36:38,180 --> 02:36:39,920
a population center means the corporate limits

1820
02:36:39,920 --> 02:36:41,300
of any incorporated city

1821
02:36:41,620 --> 02:36:43,620
or US census defined urban area.

1822
02:36:43,980 --> 02:36:46,960
For our county, this just means a corporate city.

1823
02:36:47,280 --> 02:36:57,440
So we are proposing a setback from the point of emission of a gas power plant so where the stacks are to residential zoning within any incorporated city of 2.25 miles.

1824
02:36:57,920 --> 02:37:12,740
This is a very large setback, this is a conservative way to try and balance health safety and welfare concerns that did come up in public meetings in the city of Fairfax and that have been discussed in public meetings with the board of supervisors.

1825
02:37:13,500 --> 02:37:20,300
It's a conservative starting point to try and balance those competing concerns here.

1826
02:37:22,000 --> 02:37:24,760
Any questions on the setbacks before I move on?

1827
02:37:24,980 --> 02:37:26,940
And I'm sure we'll have some public comment on this, too.

1828
02:37:27,180 --> 02:37:27,340
Yes.

1829
02:37:27,960 --> 02:37:34,020
If we were to, have you taken a map of the county to determine locations where it would

1830
02:37:34,020 --> 02:37:37,180
not be allowed based on 2.25 miles?

1831
02:37:38,100 --> 02:37:38,860
We have.

1832
02:37:39,460 --> 02:37:41,500
And I do have a map I can share.

1833
02:37:41,500 --> 02:37:46,680
here, it is 90% accurate.

1834
02:37:47,260 --> 02:37:48,800
Stephanie, can you unhide that map?

1835
02:37:49,060 --> 02:37:52,700
So what we've done here is we took a map of all of the

1836
02:37:52,700 --> 02:37:56,000
incorporated cities in Lynn County, and then we put a 2.25

1837
02:37:56,000 --> 02:37:57,740
mile buffer around those limits.

1838
02:37:58,220 --> 02:38:00,700
It's important to know that our setback is not just from the

1839
02:38:00,700 --> 02:38:01,160
city limits.

1840
02:38:01,320 --> 02:38:03,360
It's from residential zoning within the city.

1841
02:38:03,840 --> 02:38:06,480
So for many of these cities, the zoning around the edges is

1842
02:38:06,480 --> 02:38:07,160
not residential.

1843
02:38:07,380 --> 02:38:08,020
It's agricultural.

1844
02:38:08,020 --> 02:38:13,500
So these buffers the the buildable areas actually a bit more than what is shown on this map

1845
02:38:14,320 --> 02:38:22,120
There's a little over half of Lynn County is still buildable with for gas fire power plants with the 2.25 miles that back

1846
02:38:22,120 --> 02:38:30,660
I think it's also important to note that these facilities can also still be built within city limits if a city has a zoning code for these and is willing to

1847
02:38:31,180 --> 02:38:31,720
approve

1848
02:38:31,720 --> 02:38:36,420
projects in city limits. So we're not trying to prohibit gas fire

1849
02:38:36,420 --> 02:38:39,340
electric generating facilities from being built. They could still be

1850
02:38:39,340 --> 02:38:43,000
located within Rural Lib County and they can also still be located within

1851
02:38:43,000 --> 02:38:47,620
city limits where cities have utility infrastructure and services designed to

1852
02:38:47,620 --> 02:38:49,440
support larger industrial uses.

1853
02:38:54,020 --> 02:38:55,940
And I if I understood correctly you said that

1854
02:38:55,940 --> 02:38:59,860
approximately 50% of the county foot parenthesis still available, is that what

1855
02:38:59,860 --> 02:39:04,580
you said? Yes and granted you can these structures need to be located along

1856
02:39:04,580 --> 02:39:08,480
transmission lines so not all of the county is eligible for construction of

1857
02:39:08,480 --> 02:39:13,780
these but the the two point sometimes large setbacks are meant to kill projects

1858
02:39:13,780 --> 02:39:17,500
this large setback is not meant to kill the project it is meant to try and

1859
02:39:17,500 --> 02:39:22,480
address public concerns related to health or other negative impacts from these

1860
02:39:22,480 --> 02:39:22,960
facilities.

1861
02:39:27,680 --> 02:39:30,060
I feel like you did that map because you know I was gonna ask.

1862
02:39:31,840 --> 02:39:36,820
We have to say no a couple of meetings I got questions. Yeah it helps

1863
02:39:36,820 --> 02:39:45,720
We'll also illustrate though, just where these can be bills and where they couldn't be, and also it would be more difficult to locate these facilities in Lynn County with the setback.

1864
02:39:48,550 --> 02:39:52,070
We're also proposing language on airport hazard area approval.

1865
02:39:52,390 --> 02:40:02,190
If a project is proposed within an airport hazard area, we would require written approval from the airport authority confirming compatibility with airport operation.

1866
02:40:02,550 --> 02:40:07,390
So we're not saying you can't build these facilities within airport hazard areas, we're saying if you would like to,

1867
02:40:07,390 --> 02:40:14,850
You need to coordinate with whatever airport is impacted and get a statement from them saying that this is compatible with their

1868
02:40:14,850 --> 02:40:20,410
Hazard planning area would one be able to even be built in that hazard area with that setback

1869
02:40:24,760 --> 02:40:29,040
Probably not for the eastern Iowa airport right that's what I'm getting that okay

1870
02:40:29,040 --> 02:40:30,100
Other

1871
02:40:32,910 --> 02:40:37,270
requirements for an application to rezone to this is a application form and fee

1872
02:40:37,270 --> 02:40:41,690
demonstrating notice to the Utilities Commission that the local approval process has been initiated.

1873
02:40:42,230 --> 02:40:47,170
We're also asking for an economic development plan stating how much how many jobs will be created

1874
02:40:47,170 --> 02:40:52,610
during construction and during permanent operation, how much money will be invested in the project and

1875
02:40:52,610 --> 02:40:58,650
then a general estimate of property taxes that would be paid. We're also asking for a host community

1876
02:40:58,650 --> 02:41:03,870
agreement. This is part of the EU2 zoning district that was initially established for nuclear power

1877
02:41:03,870 --> 02:41:08,690
plans. This would be an annual fee that helps cover county services needed for

1878
02:41:09,810 --> 02:41:15,650
accommodating a natural gas power plant. And then we'd also ask for a major site plan that lays out where

1879
02:41:15,650 --> 02:41:19,290
buildings will be and where other support structures would be on the site.

1880
02:41:24,290 --> 02:41:28,610
We're also putting in noise standards and these match the data center noise standards.

1881
02:41:28,610 --> 02:41:32,010
We thought they were applicable for gas power plants as well.

1882
02:41:32,010 --> 02:41:37,570
that we are looking at a limit of 55 of DBA or 65 DBC for

1883
02:41:38,070 --> 02:41:40,490
residential zone property adjacent to these facilities.

1884
02:41:40,750 --> 02:41:44,990
If the property is not residential zone, then those limits again increase to 65.

1885
02:41:45,390 --> 02:41:50,850
DBA or 75 DBC, there's limits on generator testing and

1886
02:41:50,850 --> 02:41:54,850
maintenance or other elevated noise activities to weekday times and hours.

1887
02:41:55,350 --> 02:42:00,650
We also do allow limited exceedance of the noise limits for short term uncontrollable events,

1888
02:42:00,650 --> 02:42:03,670
such as severe wind storms or critical maintenance activities.

1889
02:42:04,150 --> 02:42:05,630
An example was brought to our attention

1890
02:42:05,630 --> 02:42:08,490
and where if a plant goes down in the middle of the night,

1891
02:42:08,770 --> 02:42:11,030
you're going to need a repair and that could be noisy.

1892
02:42:11,550 --> 02:42:12,830
So there is some exceptions there

1893
02:42:12,830 --> 02:42:14,550
for those critical maintenance activities.

1894
02:42:15,850 --> 02:42:18,510
Again, going back to the data center ordinance,

1895
02:42:18,770 --> 02:42:21,230
this would require independent professional noise studies

1896
02:42:21,230 --> 02:42:22,930
both before and after construction

1897
02:42:22,930 --> 02:42:25,830
and then ongoing evaluations every five years.

1898
02:42:26,450 --> 02:42:29,510
With, again, the option that adjacent property

1899
02:42:29,510 --> 02:42:31,930
and ours could voluntarily agree to higher noise limits.

1900
02:42:35,540 --> 02:42:40,180
We've also inserted a language about avoidance and damages, avoidance and mitigation of damages

1901
02:42:40,180 --> 02:42:44,700
to public infrastructure, requiring a road use agreement with the secondary road department

1902
02:42:44,700 --> 02:42:49,540
doing a roadway condition before construction starts, having a financial insurance in place

1903
02:42:49,540 --> 02:42:55,180
and then doing post-construction roadway condition surveys and repairing any damage to roads or culverts

1904
02:42:55,180 --> 02:42:56,680
that happens as part of that construction.

1905
02:42:56,680 --> 02:42:57,520
The

1906
02:43:00,980 --> 02:43:05,760
staff does believe adding this to an exclusive use district and adding in these requirements

1907
02:43:05,760 --> 02:43:09,480
is that in alignment with the comprehensive plan, we believe that it aligns with the

1908
02:43:09,480 --> 02:43:14,100
plan's guidance to separate incompatible land uses, using setbacks and buffers to protect

1909
02:43:14,100 --> 02:43:18,880
residential areas, community facilities, and population centers while preserving that flexibility

1910
02:43:18,880 --> 02:43:19,800
in rural areas.

1911
02:43:20,400 --> 02:43:24,360
staff also believes it aligns with the plan's hazard planning guiding principle to proactively

1912
02:43:24,360 --> 02:43:29,200
reduce risk to health, safety, and property and lower demand for emergency response.

1913
02:43:29,200 --> 02:43:36,100
We believe it aligns with economic development and employment goals by providing a clear and predictable framework for major employers and

1914
02:43:37,100 --> 02:43:42,000
We also believe it supports public infrastructure and utility planning by requiring coordination with utilities

1915
02:43:42,000 --> 02:43:44,080
so this was

1916
02:43:44,800 --> 02:43:49,100
shorter than the data center presentation and that's because we're not creating an entirely new district

1917
02:43:49,100 --> 02:43:56,120
We're proposing adding in this use to an existing exclusive use to zoning district the main changes here are

1918
02:43:56,120 --> 02:44:03,480
We're adding in some noise standards and we are adding in airport hazard approval and then setbacks from population centers

1919
02:44:06,020 --> 02:44:07,360
Any questions on

1920
02:44:08,580 --> 02:44:11,860
The proposal to add these facilities to the EU to zoning district

1921
02:44:11,860 --> 02:44:12,800
I

1922
02:44:16,390 --> 02:44:19,270
didn't I might not have taken a big picture to figure out where it is, but

1923
02:44:19,970 --> 02:44:26,710
H has an airport hazard area approval and then I has the application, but in that I

1924
02:44:27,090 --> 02:44:29,990
It doesn't say anything about this type of facility

1925
02:44:29,990 --> 02:44:31,450
I wonder if it was an oversight.

1926
02:44:32,710 --> 02:44:38,810
It only says like the Nuclear Facility and Nuclear Waste Storage Facility.

1927
02:44:39,370 --> 02:44:42,830
Sorry, that's real specific, but I've read the whole thing.

1928
02:44:43,610 --> 02:44:45,350
No, that's a great point here.

1929
02:44:45,590 --> 02:44:50,730
So this is referring to applications for nuclear facilities, where you have nuclear facility

1930
02:44:50,730 --> 02:44:54,710
and a nuclear waste storage facility being cited at the same time.

1931
02:44:54,990 --> 02:44:59,930
And it's specifying that if that is occurring, that separate application is required for both

1932
02:45:00,000 --> 02:45:08,820
The waste storage facility and the power generation facility. So it's not relevant to this part. It is not relevant to this. Just wanted to double check. Good question.

1933
02:45:12,260 --> 02:45:15,680
Other questions from commission members before we do public comment.

1934
02:45:18,930 --> 02:45:32,870
So Charlie, consider this possibly ends up on the border between Lynn County and other county. Have you had any feedback from any of the contiguous counties? We have not. Have you reached out to any of them? We have not.

1935
02:45:32,870 --> 02:45:39,910
Until we have a proposal for an actual site, we won't do any of our publications or mailings to surrounding property owners.

1936
02:45:40,590 --> 02:45:42,970
So the other question I had was with the setbacks.

1937
02:45:44,010 --> 02:45:49,390
If a developer, so this thing gets built in a two and a quarter mile setbacks.

1938
02:45:50,030 --> 02:45:59,150
And if a developer violates those setbacks developing into that setback, that's no harm done to the utility or the facility, correct?

1939
02:46:00,390 --> 02:46:05,750
You mean they develop after after the fact to spill and then they build into that

1940
02:46:05,750 --> 02:46:10,610
two and a quarter mile so help me understand what you're saying so they build

1941
02:46:10,610 --> 02:46:16,410
the facility is where it's supposed to be but then the the city grows and they're

1942
02:46:16,410 --> 02:46:20,670
now less than two and a quarter miles away that would not be a violation of zoning

1943
02:46:20,670 --> 02:46:25,430
code it would be considered conforming at the time it's constructed and that

1944
02:46:25,430 --> 02:46:28,950
that does happen even with normal setbacks you'll have growth and something

1945
02:46:28,950 --> 02:46:34,010
that metaceptic at one point in time might not meet at 10 years later that is still considered

1946
02:46:34,010 --> 02:46:41,850
a legal non-conforming use that it meets the metaceptic at the time so it is considered legal basically.

1947
02:46:42,310 --> 02:46:43,210
But yeah, good question.

1948
02:46:45,440 --> 02:46:50,120
Yeah, because that's the opposite of the CAFOs, like we can't build some

1949
02:46:50,120 --> 02:46:57,420
things too close to those, right? Yeah. Where did the 2.25 miles come from? Like that specific number?

1950
02:46:57,420 --> 02:47:05,440
Yeah, so that is a very conservative number based on concerns we heard from public meetings and Fairfax.

1951
02:47:05,480 --> 02:47:12,160
It also came from discussions with supervisors in public meetings going over the gas-fired power plant.

1952
02:47:12,160 --> 02:47:16,840
The 2.25 number specifically was brought up by a supervisor during a meeting.

1953
02:47:17,300 --> 02:47:27,240
This is a number that they were comfortable with and felt like could adequately address public concerns for these facilities.

1954
02:47:27,240 --> 02:47:29,660
is for zoning one of our primary tools

1955
02:47:29,660 --> 02:47:33,000
for trying to mitigate negative impacts is setbacks.

1956
02:47:33,700 --> 02:47:36,480
So it is a very large setback,

1957
02:47:36,480 --> 02:47:41,020
but there are high emotions around these type of projects.

1958
02:47:42,300 --> 02:47:44,560
Well, and there's good research on the impacts

1959
02:47:44,560 --> 02:47:46,360
that it can have, potentially, too.

1960
02:47:49,350 --> 02:47:51,530
Okay, any other questions from commission members?

1961
02:47:56,180 --> 02:47:59,200
Hey, at this time, I will open the floor for public comment.

1962
02:47:59,360 --> 02:48:00,780
Does anyone want to make public comment

1963
02:48:00,780 --> 02:48:06,060
And then on case number PA26-002, ordnance amendment gas electric generating facility.

1964
02:48:09,150 --> 02:48:13,350
Before, this is all fine, the 2.25 is not fine.

1965
02:48:14,190 --> 02:48:16,810
It is wildly inappropriate.

1966
02:48:17,630 --> 02:48:22,690
In fact, I would go so far as to say when you look at all of unincorporated Len County,

1967
02:48:23,570 --> 02:48:29,130
the bulk of the data center construction will be from 100 west.

1968
02:48:30,290 --> 02:48:41,710
So that 50% probably, frankly, over states the damage that will be done to natural gas-fired power generation.

1969
02:48:42,370 --> 02:48:48,110
And the harm it will do to Lynn County in the data center development world.

1970
02:48:48,570 --> 02:48:55,950
My own view on where the 2.25 came from is one supervisor who didn't want power production being south of 30.

1971
02:48:56,610 --> 02:49:06,890
There's a natural gas pipeline that is miraculously 2.25 miles from the city limits of

1972
02:49:06,890 --> 02:49:13,470
Earth Hacks. I don't think that came out of the air. It's just too high. The rest

1973
02:49:13,470 --> 02:49:19,510
of it's fine. And I would suggest that rather than having a 2.25 mile hard line,

1974
02:49:21,650 --> 02:49:25,930
you have

1975
02:49:25,930 --> 02:49:32,870
example when I rose before of behind the meter as the phrase is used, power production

1976
02:49:32,870 --> 02:49:39,310
meaning the data center sits here and the natural gas fired power plant is part of it.

1977
02:49:39,690 --> 02:49:43,150
You were literally going to shift where the data centers go.

1978
02:49:43,610 --> 02:49:45,810
So at least the next age to 10 years.

1979
02:49:46,450 --> 02:49:48,590
So again, I think this is all fine.

1980
02:49:48,810 --> 02:49:53,230
The 2.25 is arbitrary, it's capricious, and it's unnecessary.

1981
02:49:53,230 --> 02:49:53,370
Sure.

1982
02:50:09,270 --> 02:50:11,430
Good evening, my name is Matt Cole.

1983
02:50:11,850 --> 02:50:13,970
I'm an Assistant Vice President with Alliant Energy.

1984
02:50:14,650 --> 02:50:17,810
My address is 200 First Street, Southeast and Cedar Rapids.

1985
02:50:19,010 --> 02:50:21,670
Thank you members of the Lynn County Planning and Zoning

1986
02:50:21,670 --> 02:50:22,950
Commission for your time,

1987
02:50:23,190 --> 02:50:25,770
and thoughtful attention that you devoted to this ordinance.

1988
02:50:26,630 --> 02:50:29,170
At Alliant Energy, we believe we share a common goal

1989
02:50:29,170 --> 02:50:29,850
with Lynn County.

1990
02:50:30,970 --> 02:50:33,830
Turing that residents and businesses have access to reliable,

1991
02:50:34,650 --> 02:50:37,590
cost effective energy that can support the economic momentum,

1992
02:50:37,590 --> 02:50:44,350
this region counts on. Our foremost commitment is and always will be to

1993
02:50:44,350 --> 02:50:50,890
customers. Every decision we make, we prioritize their needs, whether related

1994
02:50:50,890 --> 02:50:56,750
to affordability, reliability, or supporting continued community growth. This is

1995
02:50:56,750 --> 02:51:00,330
why we recognize the importance of an ordinance that responsibly outlines

1996
02:51:00,330 --> 02:51:02,690
setbacks for future generation facilities.

1997
02:51:05,220 --> 02:51:07,240
For context, typical setbacks for

1998
02:51:07,240 --> 02:51:12,840
gas fire generating facilities are generally much less restrictive. These facilities operate

1999
02:51:12,840 --> 02:51:18,060
under stringent oversight from local, state, and federal agencies such as the Iowa Department

2000
02:51:18,060 --> 02:51:25,140
of Natural Resources, Lynn County Public Health Department, and the EPA. These agencies regulate

2001
02:51:25,140 --> 02:51:29,680
emissions in public health standards, and a line of energy has a strong record of meeting

2002
02:51:30,040 --> 02:51:36,600
these requirements. Our facilities use proven highly efficient technologies with advanced

2003
02:51:36,600 --> 02:51:41,880
emissions controls because we take seriously our responsibility to the communities that we serve.

2004
02:51:43,240 --> 02:51:48,660
We are supportive of future conversations as Lynn County considers future generation projects

2005
02:51:49,160 --> 02:51:55,500
and we support the proposal ahead of you this evening. However, we respectfully disagree

2006
02:51:55,500 --> 02:52:01,820
with the proposed 2.25 mile setback distance. While we can still move forward with new generation

2007
02:52:01,820 --> 02:52:07,760
plans with the proposed setback in place, the rationale for this decision and this distance

2008
02:52:07,760 --> 02:52:13,120
as we understand it appears to be tied to emissions considerations. Yet those factors

2009
02:52:13,120 --> 02:52:20,280
are already closely regulated by local, state, and federal agencies with the authority and expertise

2010
02:52:20,280 --> 02:52:25,760
to set those standards. The actions of these agencies when reviewing permanent applications

2011
02:52:25,760 --> 02:52:31,200
conditions for new sources that potentially have air quality impacts are designed to

2012
02:52:31,200 --> 02:52:33,720
ensure that public health and welfare is protected.

2013
02:52:35,160 --> 02:52:40,640
The proposed setback is beyond the established norms and could unnecessarily limit our ability

2014
02:52:40,940 --> 02:52:46,580
to cite essential generation resources needed for resiliency, affordability, and long-term

2015
02:52:46,580 --> 02:52:47,740
system reliability.

2016
02:52:49,180 --> 02:52:54,320
New setbacks, requirements extend far beyond those established by the EPA.

2017
02:52:54,320 --> 02:53:01,320
Iowa DNR and Lin County Public Health Department do not increase protections for surrounding communities.

2018
02:53:02,040 --> 02:53:09,980
Instead, they introduce unnecessary barriers at a time when energy needs and regional growth require flexibility and thoughtful planning.

2019
02:53:11,340 --> 02:53:16,940
Reliable energy is foundational to Lin County's continuous growth and vibrancy.

2020
02:53:17,820 --> 02:53:22,860
Siding and designing and building these facilities requires a rigorous multi-layered regulatory process.

2021
02:53:22,860 --> 02:53:27,600
One that ensures safety and environmental responsibilities every step of the way.

2022
02:53:28,220 --> 02:53:33,320
We value our long-standing partnership with Lynn County and we appreciate the opportunity

2023
02:53:33,320 --> 02:53:34,720
to be part of this open dialogue.

2024
02:53:35,860 --> 02:53:40,420
Thank you for your time, your service and your consideration as we work together to support

2025
02:53:40,420 --> 02:53:43,260
a strong, vibrant future for the region.

2026
02:53:43,940 --> 02:53:47,880
We look forward to continuing collaboration as discussions on this ordinance move toward.

2027
02:53:48,580 --> 02:53:48,900
Thank you.

2028
02:53:49,400 --> 02:53:49,840
Thank you.

2029
02:53:55,330 --> 02:53:56,950
Anyone else want to speak on this?

2030
02:53:59,740 --> 02:54:04,520
John's the classic 531 Laundale Drive Southeast in Cedar Rapids, Iowa.

2031
02:54:06,480 --> 02:54:15,940
So I've been working a very long time to address emissions that are causing global warming and messing up our climate.

2032
02:54:16,720 --> 02:54:26,440
So to see that we're now in a situation with these data centers that consume so much energy that we're going to have to put an additional gas fired plant in place is very upsetting.

2033
02:54:27,020 --> 02:54:34,940
You may be aware that Lynn County has a climate resolution in place that says we're going to be net zero by 2050.

2034
02:54:35,480 --> 02:54:41,420
So building a gas-fired power plant, which obviously typically operates for 40 years plus,

2035
02:54:42,460 --> 02:54:47,800
now means that we're going to have an additional amount of emissions that we're going to have to offset.

2036
02:54:49,020 --> 02:54:51,320
I don't know what we're going to do about that.

2037
02:54:51,320 --> 02:55:00,880
But there aren't a lot of ways to provide 24 by 7 power to a data center without using something like nuclear power or fossil fuel.

2038
02:55:01,440 --> 02:55:11,660
But I am hopeful that small modular nuclear reactors may be able to take the place of these gas fired power plants that generates so much in the way of emissions.

2039
02:55:11,660 --> 02:55:33,560
Gas-fired power plants generate less emissions by 50% and coal, but there's an issue with acquiring, transporting natural gas and using it, their leakage that occurs along the way, and there are papers out there that indicate methane being such a powerful emission that traps heat.

2040
02:55:34,640 --> 02:55:41,320
Sometimes, natural gas plants end up with all that other leakage of methane being more

2041
02:55:41,900 --> 02:55:45,540
pronounced than coal in terms of the heating effect on our environment.

2042
02:55:46,080 --> 02:55:47,600
So I just wanted to bring that up.

2043
02:55:47,780 --> 02:55:53,540
I know that's not something that this group has to deal with, but we're going to have to

2044
02:55:53,540 --> 02:55:55,540
figure out how to handle this at some point.

2045
02:55:55,840 --> 02:55:57,900
You know, it's exploding in our face.

2046
02:55:57,900 --> 02:56:07,940
So the other point I did want to make, I also agree with the fact that in the future it's very likely these data centers are going to need on-site power.

2047
02:56:08,580 --> 02:56:20,260
So perhaps EU2, the exclusive use 2, could actually incorporate as another allowed use EU3, which is the data center.

2048
02:56:20,260 --> 02:56:29,920
because they're very similar in the way they're structured and it does make a lot of sense to me to eventually have those two components in the same place.

2049
02:56:30,180 --> 02:56:35,920
Data center and their power source on site, it's what they have to do with their diesel generators.

2050
02:56:36,180 --> 02:56:45,840
They have to have the power, the diesel right there on site because if transmission goes down or distribution or they lose power from the grid,

2051
02:56:45,840 --> 02:56:48,420
They've got to be able to continue those powers.

2052
02:56:48,540 --> 02:56:51,400
As you said, with the service level agreements that they have in place.

2053
02:56:51,880 --> 02:56:55,880
And many of these data centers also have to be able to back up their data.

2054
02:56:56,080 --> 02:56:59,780
So if they lose power, they get themselves into a really critical situation.

2055
02:57:00,320 --> 02:57:02,100
Thank you for listening to me.

2056
02:57:02,760 --> 02:57:03,200
Thank you.

2057
02:57:10,120 --> 02:57:13,840
Anyone else want to make public comment on this agenda item?

2058
02:57:19,280 --> 02:57:19,920
Final call?

2059
02:57:22,710 --> 02:57:24,950
Okay, saying no other public comment.

2060
02:57:24,950 --> 02:57:27,190
We will put close public comment

2061
02:57:30,060 --> 02:57:32,860
Any other discussion by commission members

2062
02:57:34,000 --> 02:57:38,700
Or any questions for Charlie to me personally I

2063
02:57:38,700 --> 02:57:41,660
If we're looking at I mean we just change it but

2064
02:57:42,700 --> 02:57:49,480
Recommendations standpoint to me it strikes me as for and to develop like a non arbitrary setback

2065
02:57:50,460 --> 02:57:54,040
That's that's the reason we don't agree very often, but I'm 100%

2066
02:57:58,100 --> 02:58:04,540
I agree. It's arbitrary. Yeah. I do have one comment on that setback. So there was some preliminary

2067
02:58:05,380 --> 02:58:09,560
pollutant emission modeling information shared with county staff

2068
02:58:10,260 --> 02:58:15,980
early on that showed the radius of impact from pollutants from a gas fired power facility being

2069
02:58:15,980 --> 02:58:23,680
at about 2.22 miles. That also helped inform the 2.25 miles setback. We do have a lot of very qualified

2070
02:58:23,680 --> 02:58:28,280
but alliance staff in the room, so maybe one of them could explain the radius of impact

2071
02:58:28,280 --> 02:58:34,260
for pollutants and how that interacts with distance, because the 2.25 miles was also

2072
02:58:34,260 --> 02:58:36,060
based on the radius of impact.

2073
02:58:37,160 --> 02:58:41,420
I guess what I would like to see is some actual data, like some information about what

2074
02:58:41,420 --> 02:58:45,660
our typical setbacks, what does the research show about the impacts?

2075
02:58:46,020 --> 02:58:51,120
I'm not thrilled about a natural gas plant, I mean truly I would much rather see the data

2076
02:58:51,120 --> 02:58:55,020
centers have solar on top of the entire thing because it's a huge footprint

2077
02:58:55,020 --> 02:59:01,000
anyway. But if we're going to do it I think it should still be database as in

2078
02:59:01,000 --> 02:59:05,520
like information data. Do we have any information from the Department of

2079
02:59:05,520 --> 02:59:07,500
Public Health on what they would recommend?

2080
02:59:09,740 --> 02:59:13,680
We don't. So every project is site

2081
02:59:13,680 --> 02:59:18,560
specific and they do their modeling based on where the project's located, the

2082
02:59:18,560 --> 02:59:23,900
the height of the stacks, how big the facility is, so they don't have a baseline or general

2083
02:59:23,900 --> 02:59:26,620
recommendation of how best to cite these facilities.

2084
02:59:27,680 --> 02:59:32,780
So is that a situation where maybe the height of the stack would then be able to reduce

2085
02:59:33,660 --> 02:59:35,140
that setback distance?

2086
02:59:36,940 --> 02:59:41,440
The height of the stack definitely would influence how far the pollutants disperse.

2087
02:59:43,640 --> 02:59:51,600
I would recommend against putting formulas trying to calculate a pollutant dispersion over

2088
02:59:51,600 --> 02:59:56,740
time into zoning code because that is really the purview of the public health department.

2089
02:59:57,360 --> 02:59:59,960
The setback is more of a general tool trying to-

2090
03:00:00,000 --> 03:00:24,340
To manage those impacts with distance, but it's not meant to be fine to link to a specific formula. Good question. We do have a public health staff person in the audience to have specific questions about their permitting process for these facilities. I would love to have some information on their permitting process for these facilities.

2091
03:00:28,080 --> 03:00:29,620
Did you know you were going to be put on the spot?

2092
03:00:29,620 --> 03:00:30,660
Good

2093
03:00:33,160 --> 03:00:41,040
evening. I'm Wanda Ryder-Kins. I'm the air quality branch supervisor. So I have met

2094
03:00:41,040 --> 03:00:47,120
with Charley's group. A couple things about our branch. We are part of public health, as was

2095
03:00:47,120 --> 03:00:52,600
mentioned. We are only one of two local programs in the state of Iowa. Polk County is the other.

2096
03:00:52,940 --> 03:01:01,240
They are part of public works. We have three separate sections within our branch. We have our permitting

2097
03:01:01,240 --> 03:01:06,020
section we have complaints and enforcement and we also have our ambient air monitoring

2098
03:01:06,020 --> 03:01:14,280
groups. So they all work together to make sure that we maintain our federal standards.

2099
03:01:15,200 --> 03:01:21,120
One of the reasons when Charlie has talked to me and my staff with regards to this setback

2100
03:01:22,830 --> 03:01:30,530
air quality data cannot technically be used for this information. The reason being is because

2101
03:01:30,530 --> 03:01:38,430
of Senate file 558 in Iowa administrative code where local regulations for air quality

2102
03:01:38,430 --> 03:01:44,910
cannot be more strict than the state of Iowa. So a couple of years ago that would have

2103
03:01:44,910 --> 03:01:52,510
been fine but it was in 2023 I believe where this was put into Iowa administrative code

2104
03:01:52,510 --> 03:01:59,330
sort of at the last minute and as a result our local regulations cannot be more strict than

2105
03:01:59,330 --> 03:02:02,310
in the state so we have to be consistent with state

2106
03:02:02,310 --> 03:02:04,250
and federal regulations.

2107
03:02:04,790 --> 03:02:07,490
The size of this particular power plant,

2108
03:02:07,990 --> 03:02:10,770
it's a very, very complicated permitting

2109
03:02:10,770 --> 03:02:12,230
and modeling process.

2110
03:02:12,970 --> 03:02:16,870
And as Charlie had mentioned, we typically do not get involved

2111
03:02:16,870 --> 03:02:21,090
until we get an application from alliance consultant.

2112
03:02:21,950 --> 03:02:24,330
We then we would know a lot more information

2113
03:02:24,330 --> 03:02:28,050
about the type of equipment,

2114
03:02:28,050 --> 03:02:33,590
type of control equipment, height of stacks, things like that, and then we can work with

2115
03:02:33,590 --> 03:02:39,710
the Iowa Department of Natural Resources to issue the air quality permit for the facility.

2116
03:02:43,660 --> 03:02:43,980
Thank you.

2117
03:02:44,440 --> 03:02:45,160
Any other questions?

2118
03:02:49,400 --> 03:02:55,740
So, I'm understanding this correctly, like with putting a setback in place before you

2119
03:02:55,740 --> 03:03:02,520
actually have the information is kind of arbitrary, isn't it?

2120
03:03:03,100 --> 03:03:04,360
for air quality.

2121
03:03:05,220 --> 03:03:06,360
For air quality.

2122
03:03:06,360 --> 03:03:08,140
For air quality.

2123
03:03:08,420 --> 03:03:08,460
Yes.

2124
03:03:08,920 --> 03:03:16,020
So any information that we would have for air quality cannot be used in the setback information.

2125
03:03:16,400 --> 03:03:19,420
Again, because we cannot be more strict than the state.

2126
03:03:20,100 --> 03:03:20,960
And what is the state?

2127
03:03:23,250 --> 03:03:25,010
The state doesn't have a setback.

2128
03:03:25,010 --> 03:03:26,070
They have air quality.

2129
03:03:26,430 --> 03:03:29,910
Air quality is only and no, nothing to go off of.

2130
03:03:30,210 --> 03:03:30,490
Yes.

2131
03:03:30,790 --> 03:03:32,410
So we're just kind of throwing a number out there.

2132
03:03:32,870 --> 03:03:36,930
So I guess what I would like to see is like what do other places have that have

2133
03:03:36,930 --> 03:03:41,830
ordinances? What is a normal or you know, setback or what's the range of set

2134
03:03:41,830 --> 03:03:42,110
back?

2135
03:03:44,350 --> 03:03:46,350
I guess that would be where I would start.

2136
03:03:50,400 --> 03:03:53,460
So with that it sounds like the

2137
03:03:53,460 --> 03:03:58,120
commission is kind of in consensus on that. So you could table this and ask us to

2138
03:03:58,120 --> 03:04:02,440
come back next month or you could have a recommendation that if this goes onto the

2139
03:04:02,440 --> 03:04:06,900
Board of Supervisors, that information is looked into and presented to the Board of Supervisors.

2140
03:04:07,600 --> 03:04:09,340
Aren't they the ones who came up with the setback?

2141
03:04:12,440 --> 03:04:13,620
I'm hoping we table it.

2142
03:04:14,280 --> 03:04:15,800
We do have the data.

2143
03:04:16,420 --> 03:04:20,740
I mean, we've looked at other ordinances that are available, so I'm sure that we could

2144
03:04:21,200 --> 03:04:22,420
provide that information.

2145
03:04:23,040 --> 03:04:25,220
But there isn't a lot to go on.

2146
03:04:25,400 --> 03:04:27,160
I don't think there are a lot of examples out there.

2147
03:04:27,420 --> 03:04:30,680
I mean, do we know what, like, the setbacks are for the others that are built?

2148
03:04:30,680 --> 03:04:36,600
like that exists today? Marshall town? Well and you're saying we can't use local

2149
03:04:36,600 --> 03:04:42,180
air quality data but like is there general air quality data about how far

2150
03:04:42,180 --> 03:04:44,380
things travel or you know like?

2151
03:04:47,200 --> 03:04:49,100
We can look at setbacks that are in place for

2152
03:04:49,100 --> 03:04:53,480
other communities. They are more along the lines of the the 200 to 800 foot set

2153
03:04:53,480 --> 03:05:01,820
backs. Big difference. So that's a dramatic difference. They're 800 feet to 2.25

2154
03:05:01,820 --> 03:05:12,500
miles I feel like we're we're at two different ends of the spectrum here you

2155
03:05:12,500 --> 03:05:20,320
know I guess I don't know how anybody else feels about that up here but I would

2156
03:05:20,320 --> 03:05:26,420
love to discuss this another month see where you're going I mean to me I

2157
03:05:27,400 --> 03:05:31,900
whether it's a combination of air quality or what other places have done or what

2158
03:05:31,900 --> 03:05:37,000
exists today? I don't have any interest in hearing what somebody

2159
03:05:37,000 --> 03:05:45,260
pontificated is the right answer. I would like to have some basis personally, but

2160
03:05:45,260 --> 03:05:45,920
that's me.

2161
03:05:48,250 --> 03:05:53,030
I mean there's definitely impacts. I mean that's I don't think

2162
03:05:53,030 --> 03:05:59,390
that's an dispute. It's just a matter of what what is the line. And frankly I'm on

2163
03:05:59,390 --> 03:06:02,330
on the conservative side of this and quality,

2164
03:06:02,550 --> 03:06:05,230
but I, again, would rather have the information.

2165
03:06:05,230 --> 03:06:08,430
And maybe 2.25 is the exact perfect right answer, right?

2166
03:06:09,610 --> 03:06:10,570
But are

2167
03:06:14,120 --> 03:06:15,480
there a more questions for me?

2168
03:06:16,640 --> 03:06:18,340
I don't have a question for you, Charlie.

2169
03:06:18,340 --> 03:06:20,000
I have a comment for John.

2170
03:06:21,660 --> 03:06:25,200
As soon as the Nuclear Regulatory Commission approves

2171
03:06:25,200 --> 03:06:27,560
the nuclear design that one of the data centers has,

2172
03:06:28,140 --> 03:06:29,420
some of this will all go away.

2173
03:06:29,420 --> 03:06:30,440
additional

2174
03:06:35,460 --> 03:06:36,920
discussion by commission members.

2175
03:06:41,490 --> 03:06:42,730
Do you have anything Diane?

2176
03:06:47,840 --> 03:06:49,040
I do kind of

2177
03:06:49,040 --> 03:06:57,420
agree with what people are saying about 2.5. It seems like a huge variation. I think I would

2178
03:06:57,420 --> 03:07:03,180
like to have a little bit more information than just somebody suggesting that.

2179
03:07:07,350 --> 03:07:08,330
That's my comment.

2180
03:07:09,490 --> 03:07:15,290
Okay, is there a motion regarding ordinance amendment case number PA26-002?

2181
03:07:17,880 --> 03:07:23,020
A motion we table the proposed amendment case and refer draft on its back to staff for

2182
03:07:23,020 --> 03:07:23,860
additional review.

2183
03:07:24,520 --> 03:07:25,560
Specifically of?

2184
03:07:26,640 --> 03:07:28,360
Correct, specifically of the setback.

2185
03:07:30,980 --> 03:07:31,840
Okay, this is Diane.

2186
03:07:32,100 --> 03:07:32,580
I'll second it.

2187
03:07:32,580 --> 03:07:33,180
I'll second it.

2188
03:07:33,800 --> 03:07:35,280
Okay, we have a first and second.

2189
03:07:35,460 --> 03:07:37,220
Any other discussion by commission members.

2190
03:07:42,000 --> 03:07:46,120
Okay, can we have a vote by our roll call vote by the secretary, please?

2191
03:07:59,050 --> 03:08:09,350
I would also request that if you are looking at other specific distances if you could redo the bubble map,

2192
03:08:11,920 --> 03:08:12,980
redo my map.

2193
03:08:13,900 --> 03:08:18,840
And if we can see where transmission lines are, because that's what I see on the

2194
03:08:18,840 --> 03:08:18,960
Internet.

2195
03:08:20,680 --> 03:08:22,620
Okay, thank you.

2196
03:08:22,960 --> 03:08:25,100
Next thing on our agenda is other business.

2197
03:08:25,360 --> 03:08:26,640
Do we have any other business this evening?

2198
03:08:29,210 --> 03:08:29,390
Nope.

2199
03:08:29,890 --> 03:08:30,030
No.

2200
03:08:30,330 --> 03:08:31,210
Commission comments.

2201
03:08:31,430 --> 03:08:32,730
Any comments by commission members?

2202
03:08:34,450 --> 03:08:39,530
I would thank everybody from the public who's still here and also who already left for participating

2203
03:08:39,530 --> 03:08:40,150
this evening.

2204
03:08:40,150 --> 03:08:45,790
We're at three hours, which may be a semi-record for our meetings, but it's been a good one.

2205
03:08:47,730 --> 03:08:48,750
Any staff comments?

2206
03:08:49,410 --> 03:08:49,550
No.

2207
03:08:50,870 --> 03:08:52,190
Any public comments?

2208
03:08:52,390 --> 03:08:54,490
This is a chance to public comment on any topic.

2209
03:08:54,490 --> 03:08:55,790
It does not have to be on the agenda.

2210
03:08:59,220 --> 03:09:02,580
Okay, seeing no public comments for closed public comments and seeing that there's no other business,

2211
03:09:02,840 --> 03:09:03,780
the meeting is adjourned.

2212
03:09:03,860 --> 03:09:04,760
Thanks for joining us.

2213
03:09:04,920 --> 03:09:05,300
Have a good night.