Pinal County P&Z Denies Microschool and Cell Tower Amid Zoning Code Gaps and Developer Planning Failures; Event Venue Advances

P-Z Hearing Room: God here. Remember Clue car. Remember Hanson. He's absent. So we have a quorum forget, thank you. We're having approval of the minutes for June 18th 2026. Chair. Pleasure. I move that we approve the minutes from June 18th 2026 as presented. By a second. Second. all in favor, say I I opposed That carries. Here in cell phones people before we get get moving here. I want to read it opening statement.

Welcome to the Pinal County Planning and Zoning Commission meeting for July 16th 2026. The Planning and Zoning Commission is a ten member citizen advisory body appointed by the Board of Supervisors. Each supervisor, appoints two members who reside in their supervisory district commission members serve with no compensation state law, mandates of the county have a planning and zoning commission who makes recommendations to the Board of Supervisors on planning and zoning matters.

If you wish to speak one of the on one of the agenda items, please complete a speaker card with your name and agenda, I the name and agenda item you wish to on, they're located in the front lobby there. We asked to begin your your comments by clearly stating your full name and address for the record since the meeting is being transcribed. the commission asked that you limit your comments to three minutes or less and that your comments pertain to the agenda item.

You're speaking about Thank you for your attendance at our commission, meeting in the interest of Pinellas County's growth and development. One other little housekeeping item. There's been some discussion, item. Number six is a work session in our agenda. It is for major comprehensive. Plan cases, that's six items.

A one through four, those are going to be information only, there's not going to be a vote by our commission, nor is there going to be public comment on that and some people may be here to come in about that. There will be ample opportunity for you to have your opportunity to speak for against those cases. Harvey, do you want to really those dates? Yes. Chair. Thank you. The, we have a Citizen Advisory Committee and they will be holding a public hearing on Friday.

September 4th for these four major comp plan amendments and then it'll proceed in. October to the PNC. I believe it's October 15th and then at the tentatively in November would be the POS public hearing. So So there's quite a few opportunities for the public to provide input into those cases. The items on the agenda today are just for the introduce the pnz to these cases. Thank you. Thank you. So with that, we'll move into our continued cases. Case. Number sup does 024-25 State 48 Micro School?

Good morning, chair. Moisture commissioners. My name is Valentin. Pancher Christina. Planner YouTube. Then to you Kccp 02425 State 48 microscope. so during that meeting commission, also heard some neighbors and then just a reminder and neighbors specified that there was some concern regarding short notice for the neighborhood meeting commission. Voted To motions.

And one of them that was approved by a majority of those attended the meeting five to four to continue that this case to July meeting without additional neighborhood meeting, that's how this was continued until today's meeting and this is request for approval of special use permit to operate, microscool on about 1.5 acres site within GR General Rule zone. That's located within a Chandler Heights, Ranches Unit, 1 subdivision.

that's southwest of town of Santanwali at intersection of Allen Road and Rose Road. It's Supervisor District. Number one. Here's a typo and applicant present here today. For your questions. Here's a general location for the site. Here's current zoning with a GR within the subdivision and to the east and north. That's basically a Santa Valley new incorporated town.

This is a proposed special users in microscool, but technically as per code, it's go under this category such other users of the Planning Commission May deem appropriate in the public interest. His vicinity map for largest scale. of zoning for this parcel generally, it's surrounded by the same GR properties Within the same subdivision, there are some purposes on it as Sr. with a slightly larger requirements for the parcel size and smaller.

Parcel within subdivision in Santan, valleys, don't let us previously zoned by County SSR, 3 and Sr4, But now, it's Here's aerial picture for the site. This is all they're already existing structures and applicant planning, to use those existing structures for the microscope. Here's some pictures for the from the site with the Notice signs. And some visuals, from the street itself. And about the current code framework for this. request.

So Pinal County, doesn't have any definition for the microsculls. There are only two definitions of for school's private and public for GR zone. Gerald Zone includes public and quasi, public schools as permitted use and based on the definition for public schools and private schools. Current proposal doesn't meet requirements for public school and smoke close to private school.

That's why stuff interpretation was that they use is not permitted, use for this location because it's only public schools allowed in. Justice Example, County has other zoning, which is for instance. Are you 125 which is equivalent for GR, and they have specifically mentioned public school as permitted, use and private schools as a special use permit.

So, there are clear distinguished in our code, penal county code that public schools is allowed permitted, use, but private schools need to go through additional entitlements for those. As well. Arizona State studied defines three types of schools public charter and private schools. This proposes use doesn't qualify by stuff interpretation to public and charter schools.

And they're also no state definition for the micro schools but the most close definition for this use will be private schools and I couldn't to Arizona laws. It's only public school and charter school that exam from zoning requirements and that's was basically the reason why public school was put in the uses permitted on the GR and we have in Pinal County separate code chapter that says It's public schools. exempt from zoning and I love it in each zoning.

But stay status about private schools or micro schools that they exempt and they actually specify that they need to go through the regular jurisdictional zoning procedures. Meanwhile Arizona statute has a definition for other educational models. Meaning except public and charter schools and those are homeschools, private schools. and education through the empowerment scholarship accounts. While private schools, generally define it as non-public.

institution and homeschooling education correspondent to prior to the school education primarily done by parents or guardians in the residents of the of the student. So again, well discussing this use is more close something in between private mix of private school and homeschool because it will be volunteers and parents involved in this nonprofit organization who will be teachers for this education facility. This is the basis of stuff evolution, why?

It's not permitted use and then we look at for pathway, Harvard might be permitted and we found that based on GR special use provision of the code. There are a list of specific users that might be all of it under specialist permits there's again no micro school, no part with school for the special use permits but there are other uses that may seem by the Commission. beneficial in the public interest of that's a case stop, bringing it to the Commission. Yeah.

So, and because of that because the county doesn't have any specifics for the microscope, the evolution by the staff based on general, ICP criteria comprehensive plan, public interest neighborhood, input, and other jurisdiction within Arizona and Utah, who actually adopted microscopes. So all of that evaluation, it's not based on the code requirements to the microscope but mostly by the STUFF report and research based on other jurisdictions, have other jurisdiction. So, about zoning.

Again, it's Immediately surrounded by GR. There's some Sr. Cr3 cr4 in larger scales. comprehensive plan. It has rural living this designation under the Sunton Valley Special Plan. It's both the site and all surrounding that's really living designation. this land. You support a support large residential civic uses and community facilities, That's how this use might actually fall for this land. Use category. US compatible if there will be a low-intensity of the use.

And county will be able to ensure that there was, there is a minimum impact for the rural living. living. So that's a condition for the comprehensive plan policy, not the low. So, the suffer research from all the jurisdiction. Found that in most cases there are differentiation between types of micro-school. Generally there are two common categories for microscopes is home-based micro school, and there is is commercial microscrolls.

generally speaking the major criteria for for those defining categories. It's a number of students. Usually up to 15 students in some jurisdiction for teen in some 16's and some 15s. So it's about up to 15 students accounts as home-based microscope. They're usually operate 7 am to 6 pm, they served case through a students and they have von Ecker minimum a lot size requirements. It's statewide. That's also Arizona. Statute requirement, the minimum load size, for one acre.

For any schooling activities. And then most of the jurisdiction has definition for the commercial microscopes, and even so it's supposed to build more than 15 students. But All of them have limits up to 49 students. So, if there will be 50 students, it's undefined category, basically by any jurisdiction or maybe they want to push those application to apply for charter schools or something else.

But there are specifically in other jurisdiction, that number 49 students as a higher threshold for the commercial micro schools They usually have a great to a personal intensity, and they usually requires commercial zoning in other jurisdictions. But as I mentioned before, that just the research based is from other jurisdiction. It just like a guidance for the commission to define if this uses appropriate for current JR.

Zoning and current framework within the county and the applicant propose to have Micro-school on one and halvacers. Let's meet one acronym, requirement. They are planning to use existing structure. They have one residence. They have one detached garage and to sheds, they are planning to use Applicant stated during the previous meeting that they are planning to have a 35 students served there in the application file.

They have narrative saying that there will be a student's agent 9 through 18 seers. They they got information about 7 am 6pm Monday through Friday, but it couldn't to share it information today that I shared with commission. They mentioned that the operation will be Monday through Thursday night. I am 3pm, September, May holidays, and breaks absorbed So, that's will be a question to the applicant to confirm the operation hours and base it on on that stuff.

Evaluate the sites as more commercially linked microscool notice homebased and for the Commission and recommendation from the staff, it's basically based it on that commercial scale and commercial potential impact. That's why stuff would require. Would recommend to include stipulation US already included that applicant would need to go through the site plan review for this site. So that's the basis for including that stipulation for the site plan.

Otherwise, if that would be home-based microscope that my eliminate side planner review, but because the scale potentially is commercial counting it to ensure that applicant follows the requirements and as well during the site plan county will be able to confirm other stipulations. Otherwise, it will be just a building permit without reasonable tools for the county to Check on the stipulations. Here is a site plan for the location. Existing structures drivers provided by the applicant.

They already have internal. Let's say parking area. And driveways. So that's and they also provide in some Technically buffer to the nurse, but no buffers to the east and west. Fun. Here's some data about neighborhood and public participation.

Also for the commission, There is open code compliance case, for this location, is related to on-premitted structure school activity, obviously, a noise, complaint and traffic complaints for this location and it's still a very good compliance officer of waiting for this, for the outcome of this application, for specialist permit, to move forward with a good compliance procedures. About neighborhood concerns. Three letters of a position.

That was two speakers during the last meeting who spoke in a position for this case.

Primarily concerns is about traffic, parking noise, outer performances, that it doesn't fit real character of the subdivision that that will impact property values, and concerns about possible future expansion of the school within the property, meaning, and there was also one neutral letter there are also described, but pretty the same concerns, but they also knowledge that applicant IMPROVAL operations, specifically, there was no outdoor performance after they complain it to the applicant and applicants those operations and there was some all over noise from the children's but still remaining concerns.

It's traffic and parking. Even the applicant in the latter describe that those some manageable. Manage one-on-one with applicant. On the basis when those concerns will arise. There are also 16 letters of support primarily from the parents of the school of the students attending this school. Potential pros for this side because it's a small class sizes. They have individualized that learning for for the students. They have some art integrations in the, in the lessons. Those schools are much more.

While those students attending those schools, they showed improved performance in school. They also their school provide autistic and ADHD support for students. service. Basically targeted children who might not be such successful in regular settings of schools, And it's also provide obviously additional educational choice. Here's a list of factors that basically commission need to follow while determining if this special is permit deemed to be in public interest.

So basically, it's about traffic condition. That's the major concern from the staff. And From the neighbors that might be. sold by reviewing of site plan, and providing specific parking spaces and requirements to avoid parking restricting parking on street. Parking, Related to this size of everybody, need to be required to park within the property, not on the streets, and not on the neighboring streets as well. so there are additional stipulation to To address those ones as well.

Previously traffic engineering of Pinal County state that there's no traffic impact statement required for this project. But staff introduces stipulation that will require statement and may be analysis of that will be required by the engineer in the future. So the county will be actually able to evaluate the volume of the As additional, but traffic engineering by the merits. And by the CRITERIS to determine that this site actually doesn't require state any traffic impact statement.

Because it will generate less than hundred day trips. And stuff provided 19 stipulations. If commission wanted to approve this site, specifically based on the Shared with stuff and the commission just before the meeting additional. Materials that I shared with the commission. What I already spotted that applicant provided operational timing and dates and that's related to stipulation. Number five, in stipulation, it's mentioned, seven am to 6 pm Monday through Friday but applicants specified.

More restrictive. Operation date dates and timing may be applicant want to. amend this stipulation or commission, one term. And this stipulation based on the additional information provided by the applicant. If the Commission has any question to the stuff and applicant is present here, and they have the available for questions as well. Thank you. Any questions for staff? Mr. Klugar Thank you, Mr. Chairman. Yes. I just have a couple of questions.

First of all, just before the, I think it's the second page before this last page, you have that there in Suburban, ranch. I thought it was general rural. if you go back a couple slides, Right there, right? That one right there, the next one. Right there. It says a 1.49 parse like You're sure that's right, that's a typo. That's a type. Okay, all right just want to make sure I was confusing in general. Okay. And you said that. So, we're going to be using now, this term Microschool.

Or a county designation of something of this. This type of operation. Is there a definition yet? In our zoning ordinance. I already know the answer to that. Okay. Will there be are you going to be looking at into adding this to our definitions in the zoning ordinance? And then in the future, Possibly. Yes. all right, and then my third question is Where else did you look to get information on Microschools?

Did you look in any other counties did you look at Maricopa County, did you look at any other cities? Where did you get this An information from just to compare. Thank you. So those information come from looking for counties as Pima and Maricopa within Arizona, and Countess in Utah, they actually have implemented microscopes, much more better, maybe because of religion and communities, that they're there, also also towns Phoenix and Gilbert as well.

So generally those are to two major definitions home-based, they have some some additional stuff like they might differentiate storage category for that based on who is teaching. Not just a parents, but someone else, but general, as I told was home-based, that doesn't require any site plan and it's allowed for those residential properties. They have a threshold, 14, 15, 16 children.

I don't know what is basis for that most likely some building code requirements that will be triggered by those numbers of students. But that's the different definitions for home. Bases, that wouldn't require any site plans and it's a love it for residential properties everything over that number. Those jurisdiction requires to have zoning commercial, zoning for those sites. But it's not Pinal County pen, I'll count. It doesn't have that, and we're using that provision. that commission.

My recommend any uses seems to be beneficial to the public interest. Okay, thank you. The questions I do, Mr. Chef. Valentine. Did I hear you say that they wouldn't be required to have a traffic impact statement? Yes. So based on the Comments from a traffic engineering because this site will not generate daily trips over 100 day trips over the day traffic engineer cannot require from the applicant to provide statement or analysis. so that was that was, that was departmental requirements.

But in this stabilitation a yes we do have requirements to address concerns from the neighbors. Okay. So that's something that would probably want to stay in. The stipulations as that option, okay? I do have a hypothetical at one point for those who were on the commission we had gone through the code update. And there was micro schools in there. So my question is, if Harvey that we Get that back before the commission. Would this then have to apply to those micro school?

Codes updates, if they are currently or would they be grandfathered in? If we do a microschool, Option. It's excellent question, just Chairman Commissioner snap. I think what we did was we extrapolated Because they had done a lot of research prior. director, so it would be in conformance with that. If you followed the what the staff has indicated, how we've defined commercial versus a residential micro school, okay?

So it mirrors what the commission recommended in the draft, and if there were some changes to that, if that came before us again, how would that apply to this property? If there were some changes, what they have to conform I I think they'd probably be grandfathered in. With the stipulations, we would outline in the stipulations though. This Ssup would would be approved prior to the adoption, the ordinance.

Usually, you don't make the ordinance retroactive unless there's a public safety health issue, okay? Those are a couple questions I had. Thanks commission a snap. I can add to that. So based it on the draft that would be qualifiers commercial only not home-based and that would require commercial zoning from the applicant. But current Framework county framework allows to issue a CP, if that's in public interest, there's no threshold based on the students.

So today, so are we saying that if the MICROSCHOOL came back into the code, that that would have to be a commercially zoned property then. Yes. So they would be grandfathered in on this case. Okay? Okay, sure. Of the code that we drafted. Smile, not smile. Sorry, there is a section called Home-based Microschools for Real Zoning and there was a whole list of items in there that I don't personally see addressed.

In this particular case, and so it while I appreciate the research and going to Utah and all these other areas as a commissioner, Klucar had asked looking at our own code, that we spent a lot of time working on Would have been nice. We had age limits. A home-based microscope is subject to additional occupancy, requirements, beyond that of a private dwelling.

So if this is a private dwelling, there's a lot of things that will need to be addressed and I and as a Commissioner Schneff was asking, I don't believe this is fair to be grandfathered in especially looking at 35 students in a home-based I, I just don't want to read through all of them. They just there's so many items in here. That. For a home-based district, it goes a through.

A through L and that and they all address parking and traffic and hours of operation which a few of those have been done and addressed already. One of the questions I would have as far as building codes and everything. And I was going to sound awkward, but Go ahead, Mr. Chairman, I just vice chair Mooney just one clarification just because we're not addressing that the building code issue.

They still would have to comply with the building code in terms of occupancy because they're changing the occupancy of this building. So there would be certain code requirements. irrespective of the draft code, or what we've recommending what you're looking at primarily is use code, will look at occupancy and they'll have to address those issues. ADA issues. and and I just look at You know, my house is a four bedroom.

and there's not septic but public, you know, you have how many times somebody's using the restroom? How many restrooms are required? All of those things? I don't see addressed in here and while I'm not opposed to micros and homeschooling and all that, I just think that there's A location for it and, and whatnot.

I just didn't see in and because you stated that it wasn't addressed, it was and if you could back up a couple, it said there was a concern on one or two of the outbuildings that they weren't in compliance or were they not permitted? Why? Sure, but your problem that's related to good compliance case or when you if you could back up a couple of, I think you had it listed on the right hand side that. Yeah, that's good. Compliance next one. Yeah. This one. So there's unpermitted structures on that.

Yeah. So I didn't have access to compliance case. It's just like basic stuff. And those mentioned this. So there was some first first items, some issues with a building, I don't know. What is the outcome of that? It's just right now. They're dealing with use. Concern. As of today, they dealing with use concern, all And check out other issues, they already done with all other issues. It's only the use of microscope. The uncommitted structure has been closed. That's one That's was one concern.

One complaint. Oh, and they close at those items. I don't know how that's inside the good compliance. I didn't have access to that one but remaining stuff. It's use that. It's not permitted and related to your question for the draft code. So stuff cannot be a regulated by any draft. That wasn't adopted stuff is regulated but what is already adopted as well? The applicant is not required to follow any possible drafts.

and based on the staff analysis, Doesn't qualify basically for home-based, it's more commercial, that's why staff require in the current county framework requires to have SBR with all stipulation that we can put that we can legally require from the applicant to comply with but commission may suggest any additional stipulation if commission once that's fully in commission's hands.

Well, and I appreciate that and I do understand that they can't be held to a draft code, but we worked on this and in, like January, early February of 2025, it was thrown in the trash and we are now in the end of July of 26, and haven't seen anything except for two items, and one was required by the end of December of last year, and so I find it frustrating knowing that these cases are coming.

This is the first micro school and if and and we have others that are coming up later that don't have any code either that we have had Drafts on and haven't come forward. And it's frustrating to not be able to have something, and I say that for All that are listening and never never land out there that we are have asked over and over for these things.

And I know that people believe we're just sitting up here making decisions and if we don't have anything to hold them on it is just very frustrating and I don't like to see something get past because well, we haven't done that yet. Oh we did do this see year and a half ago not you Valentine I'm just stating that that so that's my concerns for now. Thank you. Thank you through the chair, one other item. I just want to point the attention to stipulation 7 that says, they can't.

use any unpermitted buildings until they get those required permits. So that's is in the stipulations. Thank you. Any other? Oh God. Yeah, Chairman Club. Vice chair Mooney. Just to add to what Commissioner Schneff just said. Todd Williams. Deputy Director Community Development Code. Compliance does report directly to me.

basically, what happens is, if this sup were to be approved stipulation, number one, plus the one that Commissioner Steph pointed out, what address that issue, it doesn't mean the code compliance case necessarily drops, but this gives them the hammer to, if they truly want this SCP, they need to address that on permit structure. So that would address the code compliance issue and that's why they basically pause the case. Thank you. Any questions for staff over on the site? Have a couple things.

It looks like from the pictures that we got in the packet. That was delivered us to this. That's this morning. And another information that I have, looks like this has been an operation for a while. How long has this been going on? Chair club. Probably that's a question to the applicant that they know the operation. They may speak about that. Okay. And my other question was, had they been cited, but you've already covered that. Going back to.

Kind of mirring what some of the commissioners have said? You know, we spend a lot of time on the draft code that we, we did work with and I did a lot of research in it. I had never heard of Microschools when it came up and so I dug in and did a lot. I think we beat that would beat the code up pretty well. as it came forward and I really kind of like what we presented.

And a lot of the the restrictions and the guidelines that we had outlined the the only one that all counter a little bit with my vice chair in that. in kind of tying back into mounting. What you would mentioned this is gonna follow more on the commercial section and we did have a commercial section. The only thing I'll add to that is Homeschools are or micro schools in that draft code were allowed in GR zoning.

They're not allowed in the commercial in the commercial provision of of that code of that of that draft. So The. Actually have a few more questions but all save those for the applicant. So, Any other questions or comments for staff? For it? Bring the applicant up. Very good with that. Will bring the applicant up Excuse me. Good morning, Chairman and commissioners. My name is Carly Kemper I live at 3292, West Allen Road in San Tan Valley.

I'm the founder of State, 48, Arts and Academics and thank you for your time today. our family started this school initially for our own special needs children who require a unique learning environment, but also because we saw a need for other students who are struggling to thrive in traditional schools.

We are a nonprofit organization whose main goal is to provide a safe and personalized learning environment where children can succeed academically, well, remaining a positive part of the community. We understand that today's decision is ultimately about whether our school can operate in a manner that's compatible with our neighborhood.

We believe our actions over the past years, do demonstrate that commitment throughout our time, operating the school, every concern that has been brought to our attention, has resulted in positive changes on our part. when neighbors express concerns about outdoor performances and activities, we voluntarily moved to those off-site. When concerns were raised about the sound of basketballs and our French driveway, we relocated our basketball hoop to the backyard and away from neighboring walls.

We moved all of our outdoor play areas to the center of the property away from surrounding homes. We Clearly redesigned her drop off and pick up procedures so that vehicles remain on our property only and not the neighborhood roadway. We also invested approximately $10,000 to install a privacy screen of ficus trees along one of our property lines to reduce visual and sound impacts. We plan to do more of that.

We have also made sincere efforts to build positive relationships with our neighbors in November of 2024 before the application process. Again, we sent letters to our immediate neighbors introducing ourselves, and our school. We later held the required neighborhood meeting and listening carefully to the concerns that were raised.

Although the meeting was a challenging experience for us, we have consistently responded with a willingness to make reasonable accommodations rather than create conflict. Because micro schools are a relatively new educational model we respectfully ask that the Commission evaluate our application based on the actual operation and demonstrated impacts of the school. We've submitted documentation showing our on-site parking redesigned traffic circulation, centralized play areas.

The many operational. Changes that we voluntarily made to reduce neighborhood impact. I did bring with me today. The hard copies that were given to you at the beginning of the meeting. We are a family of educators with our communities interests at heart, our family lives in this community. Our students live in the community, we care deeply about the community and we want to continue serving it while being respectful, neighbors. We do believe our history demonstrates that commitment.

And we respectfully ask for your approval of the SCP. Thank you. Since the last time you were here This is the changes that it that were made. Yeah, we've kind of circle back to the question from earlier. We have actually been operating for two years and we started in 2024, and last school year, we implemented, the parking changes, okay? And drop off changes and was there any further? Conversations with the neighbors since the last time you were before the PNC. No. Okay.

And then one more question, are you In support and okay, with the stipulations that are in the, in this case. Yeah, we are very willing to cooperate with whatever the Commission sees needs to be done. Thank you. Thank you, Mr. Chairman Yes, I have a couple questions. First of all, I'm just curious. How did you come up with the number of 35 students? So that was not our initial number.

We did start with just our own children as the kind of primary source and then we had friends and neighbors that Jumped on the bandwagon and we eventually decided that that was going to be our maximum number. So 35 was the cat based on the space that we have and the number of teachers that we have To kind of keep that model. Okay? And I'm just curious. You you're saying that you're a nonprofit organization. We are. So what does that mean to you being a nonprofit?

Well, I'm that we are not a commercialized organization that any monies that are brought in that we generate from tuition and things of that nature. Go right back into the school. There is no profit. Okay, so you you are charging then the people who come to the school. Yes, do you charge everyone the same amount or I mean how do you base your fees?

It depends the schedule varies for certain kids, we have some kids that come and just take one or two classes, we have some that come for a full day of all the classes that we offer from nine to three. So it's on a per class basis that they pay and do you publish a list of the classes and what they cost? So, yeah, we'll know upfront. It's on our website, okay? um, then how did you come up with the term? How did you decide that you were a microschool? I mean, how did you?

I think for as we did a similar research to and 2020 when things were kind of shutting down everywhere and so many people were homeschooling and online schooling and these micro schools started popping up and we had connections with If you've heard of prenda they're kind of like the founding fathers of micro schools and in looking in that we decided we could do something very similar with the credential teachers that we had interested in helping out.

When you say credentialed teachers, are they state approved teachers? Okay. Do you receive any state funding for this? We don't we show the parents directly Just the parents are paying, okay? And are you living on the site? Yes. So you personally live there? Yes. Okay. And my last question. is, if you did not receive a code violation letter from a code compliance person, would you have come in for an SUV? Did you know the process? I had the time we did not.

We had looked up Vega references to the code and saw OH are allowed. That was the extent of our knowledge. So okay until that came to our attention. We didn't, we did not realize. Okay. That's all I have. Thank you. I just have a couple questions. One's a statement. See there was code in there, She would have known sorry. I'm sarcastic sometimes. My, my question to you is if having reviewed some of the concerns that were in the draft code, if we were to Down the road.

Would you be opposed to bringing it up to what the new code is or would you prefer to be just grandfathered in? And well, I guess it would depend on what the changes were were, we were familiar with the draft code. We, we did look into that, I didn't see. Any huge concerns for us. Personally, aside from the age limit, we do have high school students that come to our school, many of them are special needs. They have struggled to find educational success in the traditional place.

And in order for them to get a diploma, they've come to us. So I would prefer that we have the ability to school them as well. And then when I think of my own kids kids growing up and being that age, I would like for them to be able to continue Yeah, they the age limit. If they've been in one sort of a structure I, I grew up with folks that, you know, traveled, because their parents were in the military and a school here in a school there. I think that's hard on kids.

So I that particular Stipulation or, or in item, in the, in the coat, draft code. I don't necessarily think is is what I was looking at, but just some of the concerns that were in there, that's all it was just wondering what you're feeling on it. So, thank you for sure. Sure. in the stipulations, it says Seven to six PM and in your packet you gave us it says nine to three. Are you willing to have that changed in the stipulations to say nine to three since that's what you were given to us.

Sure for the school operations. Yes, actually. Okay. Thank you. I think my challenge with that would be if that's a school operation time. What about an after-school program or you know, before school program, you know, does that include You know parents dropping kids off right? Yeah I don't know how like strict that way. I mean, if somebody came up, you know, came late to pick up their student or something like that would be. So maybe it's best to leave the seven to six.

It's in the stipulations and there's a there's a complaint then it would be, you know, you're violating the 93. Right. So I would say for the Safety cushion. Maybe the seven to sixes ideal. Right. Thank you through chair. If I may just to address a commissioner snap, a question also seven to six. That's a general. Allow the time for a home-based microscope, generic across the proposed, draft, and all the jurisdictions.

So that's kind of like if everybody would be in the future law, but to have seven to six and this site will be reduce it for different hours. That might be a sims son. Unfair for this same use, but it's up to them applicant to decide I just pointed for that because that's the new information that I got. Just as you, are you old before the meeting and just wanted to point it. That's a point for discussion. Yeah. And it sounds like from the applicant with those things that the chair is mentioned.

It seems like they would want the seven to six to stay inside of the nine to three restriction. You know, Mr. Scott How far is your school away from the edge of prize? Yes, I don't know the exact okay, we're not far. They're they're virtually around the corner. Quarter mile, something like that. Yeah, I think that's good. Guess what? many children attend that school? Do you have any idea as you guys? I am not sure. A hundred. I would say more than that. Are they k through eight?

Yeah, it's a big school, okay? And then just curious. What's your teacher student ratio? So our biggest class has 10 students in it for one teacher. Okay, we also have Assistant college volunteer kids that come in and help where we have heavier. Special needs kids. that need that. So you have a certified teachers and then teacher aids all. So yeah, just for a couple of the classes where the need is greater All right, that's all I got right now. Have a couple of my own. Regarding this.

As you did your research and as you said, you're, you're familiar with the draft code, that our county staff and and several of us on, on the diets. Worked on. In my research. It's pretty clear that in in most cases anything above 15, I've seen as high as 20 students, anything above that Kicks it into commercial commercial. Zoning commercial requirements, commercial everything.

Knowing that and still kind of coming in in a rural atmosphere in a quiet suburban, rural, you know, environment Why did you choose to keep the 35? I think for us our and this is maybe just a personal opinion situation but because the properties are fairly spread out and the acreage is larger and we know that we were primarily indoors inside structures. We didn't feel like we were being terribly, intrusive.

I think, too, that many of the micro schools that you might research are a one teacher, one class situation where there's 15 kids at the maximum coming in for one teacher or It that's leading that I know that's kind of the prendant model as they have a parent with 15 kids. for us because I came out of the education system teaching and public schools and decided to do this.

Alternatively as did my fellow teachers, family members, we, we are a little bit different in that way, because it's multiple teachers with multiple classes, so I feel like, you know, It felt like a necessity to have a little more space to spread out. It is why we bought the property, our house is also the only one that has a brick wall around our stonewall around it. The other houses are all farming With, you know, kind of the open fencing.

So we just it looked like an ideal area kind of a little more removed. And we do have Santan. Heights neighborhood. That backs up to us but it's a couple streets over. So it it felt like an ideal place to us. but in, you know, in your in the packet that was presented to us, it was pretty clear that this was your intention of being in a, a rural environment regardless, right? You know, even the letter from an attorney. A kind of.

Going against the county and and the position, the county had taken a couple years ago and the citing that you would backed out or, you know, on a property and essentially kind of point the finger of the this county's fault, that that happened. again, knowing full well, that you're trying to create a, you know, a commercial environment in a residential district. That this would give me a lot of pause on this. And, and, and I'll tell you I am. my mother and my grandmother were both teachers.

I have a special place in my heart for teachers. I was groomed to be a teacher and then I found out how much money they make and I'm not a teacher. And also family members with special needs. And so this is This case is really conflicting me a lot. and I want to make sure that we get it right, not just for the, you know, the county and the zoning and the land entitlement but also for your students and and to make sure that that, you know, they're in the best environment possible.

I will say, I don't know that we necessarily because there isn't anything. Written or adopted. made that distinction between. Okay. Well if we have over 15 kids we're now commercial operations so we didn't I just want to clarify. We didn't move on to the property thinking. Let's open a commercial school. I wasn't the mindset. I think we just didn't really I think there was, you know, much of a limitation for us.

We limited ourselves to keep that model of the very individualized education and the small classroom size because that is what benefits these kids And I support that, I agree with that, but I look at other uses. We wouldn't allow a normal business with 15 or 35 employees to operate. Um, you know, yes different uses but similar in impact. and so anyway Just want to kind of let you know where where I'm having my. Yeah. My internal challenges here.

I think that's where we're hoping that it would be clear that the benefit is to the community members to the parents. The kids The neighborhood in general. Butcher and then Mr. Hooker So, is it strictly? Like word of the kids come from. Are they strictly all in the area? Or no, not not, all of them. Most of them do come from the many of them ride their bikes over. Okay, it's a lot of neighborhood kids but mostly in the same tan. Yes area. Yes.

And it's hard because once once something is approved, like nobody's going in and counting the students every day. So that is one of the concerns that I have is. Well, this student has a sister or brother now, or and so, how do you draw the line? I mean, that's a hard, that's a hard one because nobody from the county is going to be knocking on your door one day and just going. Okay, I got to count. it's today.

And and so that's that's just something that concerns because of the impact actually live across the streets and nights but not right. Yeah, not not right across from you but in that community. Yeah so I'm very familiar with the area and and so that that is what just concerns me, is it, you know. It's you've got to be able to draw that line and say okay until somebody graduates or moves, we are. This is the heart. We do already do that.

We have a waitlist, um, as of So, we, and again, to Keep the integrity of the promises that we make to the parents to keep those class sizes small. And sometimes it does mean turning away an entire family. If their siblings can't fit into the the class, you know, and that means the older one can't come or the younger one can't come. It is what it is, until we have space freed up. Okay, thank you. Mr. Kruger. Okay, I was just looking on your website.

And I noticed that you have Oliver the musical. Yeah, coming up. So this is a theater. Yeah, we do have theater activities. Yes. But that's offsite, that will comes performing Arts Center. I okay, because I was looking at the hours of operation, in their evening office you're saying the theater is not on this particular site some of the rehearsals take place there. Yes. Okay, the evening ones. Yes Okay so you have evening rehearsals on this site, some of them. Yes.

Okay, so would that be Going against the hourly. Restrictions that are put here. Seven to six. Seven to six, okay. Okay, that's already in the stipulations and I was just curious. Thank you. Mr. Brunswick. Thank you. Is it Mrs? Giles I think it's your name when you came up it's the Carly Kemper. Carl Isles is made a name. Yeah, I I Some 40 years ago. When it was impossible. To find some place. Where they could be. Where they could be armed with the tools. To be successful.

And luckily for me, I did find places where they could go. But it poses, the question it really has nothing to do with the zoning, but Special. To handle children with special needs. on, they're not easy to come by and typically public school even in a high school has, maybe one or two and are overwhelmed. I'm curious about is the qualifications that your teachers will have in order to handle these kids.

Yeah, several of our staff members are actually came out of the public school in in sped, in Special Ed department. So, we've everybody has kind of a vast experience with that. Okay, there's quite challenging. It is Home and I was just apparent, right? Okay. I commend you. I really do. Is I needed task. It is. I sure did miss. I'm just gonna go back to the All over the musicals. So will your Practices at home. Go beyond 6 pm, they do. That something that we would have to change. Yes. Okay.

Thank you. Chair Club. Also, when we are speaking about this depletion, this stipulation has also limits for days, Monday, through Friday. I don't know if commission one to discuss with applicant to reduce its for Monday through Thursday as a specified in, just press into the commission and they also specified that the operation will be September. Through May.

That's also has additional tool to limit this use within the framework of this sap but that's up to the commission seven through six Monday through Friday.

That's a general requirements that will be imposed to any school micro schools in the future if that will be approved, maybe the future, but that's what we have provided by the applicant, and commission my discuss with the applicant if they want to reduce some of that because that will definitely limit some impact at least on those additional days. Yeah, and I think those items probably need to be looked at and addressed a little deeper. I don't know that that's necessarily right at this moment.

We do have several speaker cards. What I would recommend is if you want to kind of gather your thoughts on that. will allow people to speak and then you'll have time to come back up and then we can, you know, if we if that's a stipulation you can kind of give your two cents on what you think about the the time of operation, the days of operation and the months of operation, okay? So that I will open up the public comment portion. For s u p, zero to 4-25. I have several speaker cards.

Actually have three. The first one I have is Corey Corcoran. Good morning. I'm Cory Corcoran, I live at 3230 West Allen Road, the immediate house on the east, to State, 40 at Microschool. I think it's important to go back two years ago and they moved in. This did not start as a micro school. This started as a full-blown theater, they were parked all along the easements. It was a nightmare. It was loud. I think they're Hours of operation online.

If we could double check, it says 8am to 11 pm right right now. As of this morning, but they run until the evening. It it's obnoxious. The. School, I think started about a year ago. The the traffic levels. I know that this is Deemed as a commercial as I'm understanding that it wouldn't meet any traffic coding. But if there's 35 students, there are no bikes being written onto this property. This is all automotive in and out signs out front saying PARKING in the rear.

They have kids that come out and they have a sign from like Amazon one. Side says, Stop and green the other side. I'm sorry Stopping red. The other side says, Go they walk right out into oncoming traffic. They hold a sign up so all their parents can get off their lot. They stop the natural flow of traffic. I it's just frustrating. This is a commercial size venue. 35 Plus students plus teachers if special needs kids as my sister certified. for and Mr.

Pronzo stated, It's so one to two student per teacher scenario. My sister is strictly autistic children and it's a one-to-one ratio. That's how demanding it is, so to have 10 students in one room. With one teacher and maybe an assistant. I mean it, I'm sorry I'm just extremely frustrated. I haven't spoke before to any anybody on their side. But I I'm asking you guys to look at this as commercial and not residential Please deem.

This as what it is, they need to move off property as far as the business goes, I'm all for their business, just not next next door to us. So that's all I've got. Thank you. Yeah. Good morning. My name is Jennifer Corcoran, I live at 3230 West Allen Road. I am the direct neighbor to the east of the proposed Microschool. I have owned and lived in my home for the past 10 years and prior to the micro school being conducted.

Next to us, it has been very peaceful since they have been operating and has been anything but peaceful the noise disturbance from the schools tremendous on a nice day. I'm unable to open any of my windows or doors in my home. Is there a numerous kids screaming out time? Screaming outside for hours at a time It's not just a 15 minute recess. It's it's all day and I have audio if that's something that you guys would like to hear.

There's loud stomping from the classroom buildings that can be heard along with cars and cars, doors being shut, during drop off and pick up. As stated before they have around 30 to 35, kids attending this school. This is on one and a half acres and a quiet, rural area, the sound travels, the 20 shrubs they have planned to do, absolutely nothing. The traffic. They produce is a huge safety concern.

They have minors outside with a stop go sign as Cory stated that controls the flow of traffic on Allen Road. I have photos of that as well as parents are entering and exiting they will be stopping the flow coming on our street. It will only be a matter of time that there's a wreck or a student hit. Our street is not meant for the amount that comes and goes nor do they. Permits to control the traffic. Another concern I have is my property value.

If I were to ever sell my home, I have to disclose at a school, is next store. If I wanted to live next to a school, I would have moved next door to edgy Price. I can't speak for everyone, but I do know that most people who live in our area chose it because it's quiet tucked away from everything else. One year ago, they did hold a meeting that. Not many neighbors were able to attend.

However, the ones who did were all very opposed to operation of the school, taking place, our frustrations, and concerns apparently came across to the owners and operators as contentious, I personally do not feel anyone was as we all just want our peaceful living back. Knowing you're disrupting your neighbors holding, any school and running a school and having zero regard to them. I believe is contentious.

These disruptions have affected our ability to peacefully, enjoy our own homes and negatively affect our area. Thank you. Art Hargrave. Good morning. My name is Art Hargrave. I live on Royce Road, 32545, Royce Road, which is actually the, the we have an adjoining fence, basically, as far as to the subject in hand, as far as here. The biggest concern I have is is actually there's three of them. I want to safety.

The second is is noise and and the third is, as far as the size the size of the The amount of student population that they're looking at. um, you mentioned edge of prizes, just down the road as a crow flies, it's about three quarters of a mile close to a mile, is what it is. And of course, on that street which is Robert and there's three streets Roberts Allen and Can't remember the, Enterprise is on, is on. Roberts Road.

And the amount of traffic going up and down that, I don't know if you ever drove by a school and kids are being let out and basically being picked up it takes sometimes, 10 minutes to get past that area, because of the amount of Cars going in as far as the ingress and egress as far as that goes now. The amount of traffic is also. A problem because of the speed that's going to, They ended up putting speed bumps on Robert's Road because of the speed of the people traveling through the school zone.

Now what we're having is basically we have a school on one corner and the very next corner. Is also going to have a school with approximately 35 students coming in. I, is basically, it's it's I have to commend them for that that The lot just isn't conducive as far as to handle 35, students. And the safety factor, I can see. I can see where Alan Rhodes going to end up having to have speed bumps put in because when The speed bumps were put on on Roberts Road.

A lot of people drove up Thompson and they started coming down, Alan to bypass that congestion. Now, we're going to compound that congestion with more people. Coming down that road at a faster speed. You're going to have to have signs put up speed bumps put up and it's just it's just not conducive for that. I Robert you mentioned as far as the fact that it's, it's like a commercial building, is what it is. And that's what it is. It's and it I bought that property for peace.

19 quiet out there and it was that until they bought the property, they set up the theater, we had all sorts of problems with that. As far as noise and traffic and dust. And it's just not big enough or the right place for that. I do come in them for that but it's just not the right place. They just didn't do their due diligence, okay? Thank you. Want to determinants question for you. I was just curious. You said there, you lived there. Previous to this family moving in.

Yes, I actually bought the property. My property back in 2007, I developed I started develop in 2017, moved into it in 2018-2019, been there ever since and it there's a there's a block wall. Six foot block wall, that separates us from them. So are you directly to the north of them? I'm directly to the north. That is correct Sir. Okay. So when they had the theater theater activities going on, did you ever That was a disaster? Give him a phone call or talk across actually.

What I there was two problems I had. I dropped by them twice as far as I drop by them once because they had big huge theater lights, facing the right directly into my backyard. So my wife and I were sitting in a hot tub. We're blinded by it looks like 20 semis with high bright lights. Basically shine right in front of us. I went over there and asked him as far as to alleviate that problem because it's just not really The right thing to do, as far as for a private, a private residence.

So they did put a black screen up there. It was a real thin black screen. It did dampen the light pollution there but it still was just not enough as far as to take care of that issue. When they had the theater. They bought the property in the first.

October, they had a Halloween event, they built, they put up temporary buildings and a lot of noise, a lot of nights, a lot of children planes outside, and from there until Christmas, they were preparing for a Christmas pageant that they had on their property. So they practiced every day over and over again. The problem with that was they had a sound system, Mike basically that Broadcast. In fact, I had one one neighbor of Vine. Jason lives as a crow flies. Probably 800 feet away.

And he complained about it all the time. and I asked him as far as to quit that we got into a heated discussion, they asked me to leave the property. They still had. The event go on that specific night but we're talking 30, 35 40 times that they had violated Noise, Ordinance laws that basically I gave a copy that to Brother Giles and they were violating that. Over and over again. Yes, I could have called the police but I didn't do that.

I took in my own hands and made some noise the same time that they were having the event and they reevaluated their situation and that's the reason why they decided to have their theater off-site because of that reason. So it hasn't happened anymore. It hasn't happened anymore. They still have the school going on, right? As far as a number of kids. I'm not gonna look over the fence and and count the kids but I'm guessing probably.

10 to 15, maybe 20 of them playing ball kickball basketball, so on and so forth. I can always tell when they're out there playing because you can hear and I do have the house that I have is There's a I have a detached garage that separates our house from their property, So there's a buffer right there and I could still tell that they're having kids. The house is approximately 200, 250 to 200 feet away from their property line. So just a lot of common noises that noise does residential area.

Yeah children. Yeah. Okay and the other thing is, is a lot of just as well because, you know, kids are running around in dirt, you're going to have dust, I have solar panels on that, south side of the garage, and I have to clean that off quite a bit because of the dust that they create and another nuisance as far as it goes. And I mean, like I said, I, I bought that property for having a quiet area, a quiet zone, peace of mind and we don't have that. Thank you. You bet any other questions?

May I ask one other thing. You've actually used up your time. Okay. Very good. Thank you. Um, any I don't that's the last of the speaker cards that I have is there anybody else that would like to speak to this case? Saying none, I will close this. The public comment portion of this and bring it back to the applicant. Feel free to address any of the concerns that you heard. And then also what we talked about, Well, we we have been operating two years and that's true.

We did have theater events in the beginning. And once we learned that the neighbors were upset, we disturbing. We did move it off site. And there, I there were some things that are not true. We we do have many kids from the neighborhood who do ride their bikes. There are no children in the street ever. We have a gate in the front. We have a college student who's a volunteer. She is very short.

So, maybe she's being mistaken as a child, but she does stand out in front of our gate on our property, not in the street with a stop and go sign to make sure that nobody's coming out of the driveway and coming in at the same time. If two cars happen to be there at the same time, so that's the purpose of that to clarify.

and then, I think, as far as the hours of operation, if we were to get the special use permit and needed to adjust our numbers, our enrollment, so that we weren't having all of those 35 kids on property. At the same time, we may need some flexibility with hours. Friday's included to adjust our class schedule to still accommodate all the kids who are interested in coming, but maybe divide them up differently. So I would prefer that we still have that seven to six Monday through Friday option.

That's already written in the stipulation. Is not everything. Yeah, I think we there was the the hours of the day, the days of the week because I think you're also, Monday through Thursday. So that wouldn't allow you to do anything on Fridays, Right? That's yeah, we currently operate many through Thursday, but the stipulation I think says Monday through Friday the 76. So it's already in there. We just didn't want that to change in case we need to do. Something on a Friday. All right. Oyster.

and so one other question that you didn't address was, The after 6pm students coming for practice plays and things. So, how was that going to be addressed? Or is there gonna go elsewhere? Yeah, that's not actually student. They're strictly students. I should say it's community theater, so it is a separate thing from the school. and not as big. It's a little bit of a different thing. And like I say, we do have all of our technical rehearsals and our performances are off-site.

We do have small rehearsals during the weeknight right now. It's only one night a week on Thursdays. So, if we had to adjust that, we would be willing. Or outdoor condors. Okay. Yeah. And Do you have? Do you multiple place throughout the year? So this is the first one we've done since moving into the property in two years. So it's hit and miss, it's not a regular thing.

So that is something I think the commission will have to to talk about as far as you know you you had a set of hours nine to three staff put the average of seven and six seven to six and and still this is outside of that. So all right. when you're thinking of these things you need to think of all the different activities and what have you. So we'll just have to figure out how to address that part. Thank you. Any other questions for the applicant? Prisoner Hartman. I'll come back to you.

Thank you, Chairman. You know, I like the school idea. It seems. Nice. I've seen your pictures you seem You make a good presentation. My concern is it's a acre and a half. And this and are there any other Scps or any other businesses in this area or is it primary residential? There are other. Smaller businesses on our street. Not well versed in that. I apologize. I'm not exactly sure.

I believe our next door neighbor does some work in his yard for his business, but I don't know that for fact, Gotcha Valentine, do you know are there any other scps in that? No, there's a primary residential it's residential. Zona no STP since that surrounding there was a couple of requests, but that's from the west and portion of this section of this subdivision and that's related to that arterial road but not inside subdivision. Yeah. Next to the school but they never apply it.

But yeah so potential, they are doing some businesses but that's next to the school to the Western portion of this, some division and they told to be applied, we discuss it with that owner that they need to apply for ICP, or see their uses so far. No, stps. Okay.

And as well regarding to your question of the acreages, Arizona, State statute require from the county do not impose any load size, limitation, if it's over one Acura so the state requires to have only one hacker and do not impose any additional requirements for any kind of schools. higher, that more restrictive than one occur and this site is 1.5 Okay. Well, that's good to know because I I was thinking, man, if this was a three and a half acre ranch at Community.

You know, it'd be great a little bit more space from the the speakers that are opposed to have made a good, you know, some case there There peace and quiet at night, or during the day is being disruptive during the day, I guess. But that's my only concern and but I I like the school idea. Seems like you've been doing well on it. So thank you. Mr. Pronto Hi. Recreation is very much needed to get the energy out of these kids are, you can't get them to sit still.

But I'm wondering what is your current student population right now? In terms of ages are the actual enrollment numbers. How many you got? So, I would say, at any given time there's roughly about 20 and 20, some of them are older and do not play outside their high school students. So they don't have a recess. We do have recess, it is not hours long, but it is. There it is. Built into the school day.

So I would say, I think in our elementary grades we have about 12 that play outside at the same time during their recess break. And recesses structured. It's not an all-day correct. This is a tough one. It really is. You know. I really you've demonstrated the need. For school. For special needs children. You've demonstrated that And of course, there's the other side of the coin. So I'll leave it at that. Thank you. Any other question car?

Yeah, sorry to bring this up again but the rehearsal schedule for the auditions on your website again. You post Saturday night. No, Saturday afternoon. Thursday evening and in the stipulations it says No weekend or evening activities shall be permitted. So and you say these are offsite, right? Many of them are offsite Some of them are on the property, okay? In your schedule, then on the on the website.

Are you going to differentiate or let people know that this Saturday we're rehearsing at so and so place and so people don't assume that by seeing this schedule. Oh we'll just go to this location to have our Saturday rehearsal because they're all listed there's no locations mentioned for any right? Yeah, they are cast members, do have specification of where we're rehearsing. Okay. Don't publish it on the site but yeah, they do know. Okay. And come back to staff with a question on this.

How are How are we as a county as our code compliance team? To determine. when one function ends in another begins, if we have an existing, sup on the property. I don't care who wants to jump in on that one. Mr. Chairman, I'm not trying quite understand the question. You're asking how would we know? Well, the applicant is stating, so we're getting svp for a microscope for use of a school, but there's also a secondary use on the property of a theater, some type of theater production.

You know, that happens at an evenings or possibly weekends or outside of the the time and day boundaries that the SUP is as allocating, but if there's a complaint, if a neighbor complains and says, Hey there's a bunch of people here. it's seven o'clock in the evening on a Friday night. This was not part of the function of the Microschool, so it we're doing something different here. Well, yeah, it's it's gonna be difficult. We're gonna base. our responses on complaints.

It's gonna be complaint base. If you have concerns specifically about after hour activity, I think you need to stipulate that. I mean, you can't restrict them from having a party or having a card game with friends. There's, there's certain amount of activity they may have after hours, but if it's related to the school, then it wouldn't be permissible. How are we going to know? It's not going to be easy. I don't know how well enforce that.

Probably based upon number of cars and how many complaints we get? Yeah, their lies. My concern is and trying to be to create clear definitions for the community in the neighbors of I don't know. We got two separate uses that we're finding out about now on the same property, and we're discussing one. But there's another one that could be equally as intrusive and may even need another SUV. I guess, I don't know. Yeah, Chairman Club.

I know, I know you can't see it but I would direct you to their website. You know, specifically talks about personalized arts education for your student. I think they're one in the same. You know, it sounds like they do a lot of theater and it's tied to more the arts and entertainment. I think what it comes down to is what you want to do with this property and whether or not you want to approve an SCP in this residential area. Okay, thank you. and chair of ice chair members of the commission.

Just, I don't know this answers or helps. Answer your question Chairman club. There is a provision under our code, for SAP revocation. And there's a there's a provision that upon the zoning inspectors, determination if there's a violation requires notice to be given and a subsequent hearing in front of the Board of supervisors of public hearing to discuss whether or not there is the fact.

So there's a totally separate mechanism for revocation of special use permits under our code, Okay, thank you. That is that, right? Sure, that is number 19 is listed as a stipulation in there about any any at any time room, result in revocation by the essence of the SUV by the Board of Supervisors. So, since you're still up there, I'll ask. How do you want to address? After hours. Are you? I'm trying to work through this to try and figure out. So we're just gonna say no. No, after hours.

If you're gonna have the hours from seven to six that's it period. Is that going to work? I mean, we can make that work if that's what's needed. I mean, because that, I mean, and I understand, as we stated, you know, you're having a party or you're gathering and whatnot. That's totally different. But it when it's involving an activity, as we've gotten clarifications, kind of one in the same through this the school.

That's, that's what we need to address and and is thankfully, Commissioner Klucar found that on the website. I don't is there anything else on the website that there's other activities? that there's trying to unreal trying to be disrespectful? I'm not on anything that everything else is related to the school. Well and and that is to bringing the students and trying to. I mean I had that in elementary school as well. And and I thought that was great.

so, We just need to figure out how we're going to address that and as long as you're fine with, if it comes to that, we're gonna have to stick to the hours. That that staff put in there. Yes recommendation. And in the Monday through Friday so thank you very much. Any other questions for for the applicant? Sure, if I may also want to point for the stipulation number four, which speaks about enrollment Shellnet, exceed, 35, students at any time.

and there are some additional further limitation based on the occupancy and other requirements and applicant just told it, they basically can do less and they usually have less of children. And I'm wondering if you've commission one to discuss that on also, applicant mention that they want to keep Friday. because they want to registribute number of kids, so that 35 was based out of the maximum amount.

And I don't know, we've commission one to discuss with the applicant, that's stipulation as well. I'm sure I'll let the applicant kind of address that I mean, I think we would obviously prefer to be able to have up to the 35 students because kind of going back to what we talked about before, it does make it easier for us to allow families in and the age group range that we're teaching. But we would not. I mean, we would Be cooperative.

If the commission found that, that was problematic and we needed to reduce the numbers to fit homeschool model rather than a As defined by you guys. The commercial model. All right. Arguments Mr. Scott, so just for clarification. You're asking for a max of 35 currently you have 20 plus. Yeah, that coming the same time. Yes. So at any given time, you're gonna have 20? Yes, this this year. Yes. Okay. Okay, thanks. Very good. Thank you. Thank you. I'm gonna bring bring back to the the commission.

For discussion Mr. Chair. You want to close the public, right? But that already closed the whole time but with that I'll close the the public hearing portion of S u P-024-25 and bring it back to the commission for discussion. I'm gonna go a little bit at order on this one because I think there's there's still a lot of questions and and that, you know, are we going to stipulations or they're gonna be more stipulations, less stipulations modifications whatever.

So before we go to a motion and I think I'm gonna open it up to to discussion and that way whenever we, whoever does emotion, we have a little bit clearer direction. So does anybody wish to to speak? Sure, of course I do. Um, so in our draft code and it is draft, they talked about 15, not more than 15 students in a home-based and that was k through 8. So, if as is the applicant stated It's k through 12 so you have four more years.

So if we were going to look at a number where she had 35 and we had drafted 15, but that was only K through 8. I just wanted to kind of give that number so that we could if we wanted to meet in the middle somewhere and any one time she said she had 20 Students this particular year. So I just wanted to point that particular Point out in our draft code that we did have. Any other discussion? Mr. Pronzo Look like you want to say something? Oh, trying to know who this thing is is impossible.

It seems like. The major complaint is noise. And traffic. And I'm really not familiar with the area and it surprised me to hear speed bumps. I hate speed bumps. I really do. But to get away from speed bumps. The recreation part. On is not the entire day. in other words you don't have kids out there all day long that's why I asked if it was structured in generally you know, they're working with nine year olds to 18 year olds, So, what is that?

Fourth grade through high school, it seems like and it takes about that long to really identify a special need um, So how do I get past the noise thing that the surrounding properties? On. They really don't want it. You know, I live here in town. So I always get surprised with a brand new set of noise, whether it's a car, would boomboxes in it or a lawn mower at 5:30 in the morning, but In a rural area. On. The impact to property value. On. The potential is there. It exists.

Not everybody wants to live next to a school. So it it shrinks their marketability and therefore it shrinks their property value. So, as much as I see the need and I really do feel for the parents of these children. um, With what they want to do. The the areas, just not large enough. For this kind of an activity. And yet, I really want the kids to have a place to go because I've done the public school thing. It's useless. It doesn't exist.

so, I don't know, I guess you got to vote your conscience or you're willing to soft. the neighbors or do you go with the kids. It's really where I come down. And it's not. Incorporated into San Tan yet. I'll just hold you responsible. That's your Oh, that's where I am on it. You know, it's I'm hoping for a general consensus. but I really I don't know which way to go. I really don't. Address. Some of your concerns. What are your thoughts on? Making the number lower than 35.

Well, and and also let me ask my other part and then answer, limiting the outdoor activity to certain hours and that would always be at those certain hours and it may be contentious with some of the neighbors, but if they know that from 10 to 12, Is when the kids are going to be outside, maybe they can try and develop their day. I know that's not fair but I'm just asking thoughts on that because I I have heartburn. This is across the street from my community as well.

Well and I'll explain the speed bumps later. Okay good. What would? I'm having a senior moment. What was your first? Oh, the number of kids. Yeah, Um, 35 does seem like a large number to me. and it seems arbitrary as somebody just threw some mud against the wall and we came out with 35, like, we've seen so many times five acres to have dogs on it that kind of stuff. so, as long as the school can continue to pencil, You know, limiting the amount of kids is also limiting the amount of cash flow.

And that can impact the quality of the school immensely. And as far as the noise, you know we're saying nine to 18, What does that give you? three plus four, seven different grades and they probably go out at different times. You don't want to send a fifth grader out there with high school kids, you'll just get ran over. So it seems to me that We can't limit.

their outdoor activity as well because these kids have to get the energy out, But yet it the kids that are out on the playground have to be age appropriate. so, I can't see limiting that I can see limiting the amount of students, they seem to be have their head above order with 20, so maybe put a cap at 25. Something like that.

On some, some classes might be in session for an hour and those kids need to get out and run around so that They've exhausted themselves and you'll sit still in your chairs. See where I'm going with that and you have so many different grades. Now, just putting it out there to try and see if we could try and work through it somehow because I'm, I'm having heartburn, like, you are but trying to talk through if we could come to some consensus or not. Yeah.

I want to see them operate, but I do not want to diminish the value of the properties or the quality of life around. And I don't see a good. A good answer to that. Any other? Comments. It's Mr. Chairman, one of the, if I could just interject, I know we talked about after hour activity the theater. It was it came to my attention.

That there is a special event permit process in the county or they would file a permit to do something, a one-time event if they wanted to do something on the property and all property, owners have can avail themselves to that opportunity. So that may be allow for some outside activity, but on a structured basis with hours of operation and a permit basis. Do we have any limits on the number of Times that can be applied for in the county. I mean because I could have a standing one every week.

Yeah. I think we're listening about right or midst usually like the country thunder is once a year, this could be the school could have twice a year twice or twice a year is what I was thinking but I don't think we have any limits specified for the special events. I didn't think there were either, but But it can be limited by stipulation on the Use permit sap. Okay. Mr.

Chef, I want to try to just be brief and to the point, I love the idea I love that there's choice, that is being here to students, and opportunity and the curriculum. And just the business in general. The other side of it, though. It's in a rural community. And as Commissioner Pronzo said, There's some concerns there. It seems like it's a leaning to me it's more suited to a commercial type property or otherwise, this is going to be stipulated to high heaven. You know, to get to some consensus.

So is it a conflicting? Yes, it is. But I'm almost leaning towards it's more suited to a another area or zone. Unfortunately. Any other comments? Mr. Keller And and I agree. I mean, The thought process behind it, and what it's for is great, right? But I'm GR general rule, you're allowed to run a home business when you have a GR but When you live in a GR Z's owned area, but every employee has to live on the property.

So if employees live off the property, there's that traffic and then the kids parents dropping them off. It just goes so far beyond that likes being expressed. It's, I mean, it's a great thing, but I think it goes above and beyond. The limit of what should be in a GR area for the other residents. And just noise and traffic and everything. yeah, and I'm going to Chime in a little bit here and just kind of second that same You know, the same concerns. I look back at. At other projects other cases.

And then even some of our items that we had on our the draft code that we were working on. And one of the, you know, one of the things is a requirement that, you know Can't be within 1200 1200 feet of a of another school. Which clearly we are. Using a GR District. you know we've heard about possible sign you know signage I don't know that that's stipulated. I think there's paving issues here. I look at cars parked all over the dirt I think I think we're gonna. Work.

This is gonna get into a stipulation quagmire. Of, we'll be right stipulations. All day long. and then we run into an issue of enforcement and because Were were a county that is, it's complaint based. That either a, the neighbors are already upset because of the operation. So they're going to be complaining about everything. which is 100% their right to do. This is going to be this ongoing, you know, challenge. And and this is for me.

This is clearly as much as I share my other commissioners feelings on this. As much as I like what they're doing. And and 100% agree that there's a need for this and I support that With every part of my being. Just not here, and I'm just having a hard time with this, and this needs to be in a commercial. a commercial zone in a commercial environment is my feeling Any other discussions on that, but also entertain a motion of someone wants to bring some forward, so, Tom go ahead.

So would there be any in the change? but the way that we feel, if the Max was 15, Kids. Max 15 tops. Just like the For me. My own personal opinion, we're getting closer. but, I also, you know, I hear the neighbors and and you know if something sometimes that we hear things from about projects and and the people come in and they complain and they, they live, you know, a mile away. That's a right but they don't mess. They're not directly affected.

We've heard from two neighbors that share property lines and they both had their their challenges and issues here. And so, that way is heavy on How I feel? Are you look? You look like you want some say, Oh, I do I I always do, right, right? Questions. One is, one is for staff. If we were to move forward with this would be able to put a one year.

and have to not necessarily come back to us but have a, some sort of a review with the neighborhood to see that they're adhering to these stipulations and haven't gone over any of those things. Is that I think I've asked questions like this before and I get shot down but I always got to try Don't speak it once. Chair. Vice chair with an SUV. You could put a time limit. I mean, an hour. I mean, I'm sorry. Yeah, it's the hours getting late on this one item.

You mean a trial, a one-year trial period or a one year that they'd have to have it reviewed by staff or reviewed by the commission or what would be the basis for? How we'd evaluate that? Sure. I'm just kind of like grasping like reaching out to the neighbors that we've heard from.

or reaching out to the surrounding folks that around this and and checking in have has it gone outside of the scope and here's the stipulations, and the scope or if you received a complaint, obviously, it would be shut down, sooner. It was it was just a thought to get out there because I, I do feel. And, and like, what what's happening here? But I'm also not just the one property rights person, but everybody surrounding that piece of property. Chair.

I believe well to answer, I believe you can unless the county attorney's office tells me. Otherwise, you can put a time Restriction, limitation on the as you p, have it reevaluated and come back before the commission, but in terms of how you evaluate that and how you decide whether you renew it or don't renew it, I Just based on complaints or I, that might be, because it never comes back to us once we do this they just keep renewing. The SUP unless we get complaints. Get yes.

Complaints and evidence that they've violated some of the stipulations then we would pursue revocation. And Chairman Club. Vice Chairman Mooney during Gary County attorney. I've never seen anything like that in terms of calling an applicant for an HTTP back once it's granted, there is a mechanism under our code, if there are violations and that mechanism would kick into place once the zoning inspector determines, there's a violation and that's what would trigger the potential review.

That's, that's my, that's my opinion, without doing an in-depth legal dive on my knowledge of the code as we sit here today. Okay, thank you. Also. I agree that. You know, if we Recommended approval. with all of the stipulations and anything else we can add but mandatory review where they could lose. The school. Puts them in a from a business. Standpoint puts them in an impossible situation because they don't know.

whether they can make investments or not in order to grow with the schools needs because you always have that cloud hanging over your head. It's not a reasonable way to do business. No. And and I do I, I do agree with what you're saying, they have however been operating for two years now without the SUV. So they do know where it is the business is technically going but If a neighbor complains or whatever that they're outside, the vestibulations then. That's an enforcement.

That's that mechanism exists. No, I understand I was just trying to Everybody. Yeah, and you know, you can't react to fortunately, we Can't rise was built prior to my moving here and if I'm not mistaken, That was GR because it's across the street on Roberts. And those I believe are all GR going all the way down Roberts Road to getting And somebody say no. I'm sorry. that, that They are Gr. And and so that particular piece of property has a school which is very well lit.

Looks like New York City at night time, right across from us, who have to have dark sky and those speed bumps came along because there's 2,000 cars that drop people off. So when they talk about traffic that, go all the way down. Roberts Road. and around to that area, they try and find places because our community held a special meeting and that's how those speed bumps got brought in because they were just racing, and people couldn't get out of their yards on either side of the road.

So Because of the other schools. So, I just wanted to explain because you were concerned about the speed bump so I get it, Mr. Hartman. Thanks Chairman. I think we beat this horse to death. one. You said something one acre. It is allowed. Correct. Yeah, so through through chair Commissioner Cartman. So the Arizona uh, provided statute says that county, can't restrict more for any kind of schools public charter or private.

The minimum load size one, I occur, if anyone then if it's less than one Occur. Then the zoning need to apply for those schools, but one accurate, that the threshold and county cannot impose any streaker restrictions for public private charter schools and technically any public school can use that jar, parcel and build school next to that. And they will be zoning exempt. But this is a private school. So they're going through the process. Okay. Thank you.

And according to your staff analysis, you find it appropriate, you know, for very reasons, public interest, and you just a bunch of things. I'm sorry, I'm not familiar with the area, but is this a subdivision? Is this a design some division? Or is this like a It's also not incorporated cat. It's subdivision old one. It's not two that much details detailed. planet but it's subdivision. Yes. Okay. So there's no hoa. Are there any ccnrs? Omnitive about HRA, they're exist for this subdivision. Okay?

So I just wanted wanted to and get that get the answer. Thank you. Brown like to. Bring a motion. Oh, who wants Mr. Harvin chairman and to help keep things moving along. Go ahead and make a motion. I moved a plan and zoning commission forward, a recommendation of approval of Case-sup - 024-25 to the board of supervisor subject to the following. 19 stipulations. I have a motion. Do I have a second? I'll second that motion. Secondly, Mr. Scott Any other discussion?

And let's do a roll culture and chair. If you could restate the the motion Yeah. Motion on the floor is for recommendation of approval of scp-24-25 with the 19 stipulations as outlined in the staff report. Okay. Commissioner Klucar. Commissioner Scott. Yay. Commissioner Pranzo. Nay. Commissioner Snap nay. Commissioner lizarago nay. Commissioner Keller, nay. Commissioner Hartman. Yes. Vice chair. Mooney nay. And Chairman Club Day, the nose, have it. So The.

Scp is denied the motion fails emotion is denied. Sorry, another motion, maybe put before the commission. You need another motion. If there's a motion, we don't need a motion tonight tonight because it's already been. It's already failed.

No, so the motion that was before the commission was to forward, a recommendation of approval, to the Board of Supervisors, as stated that motion failed because a failed to carry a majority of the quorum in the affirmative with that motion having failed another motion, maybe put before the commission at this time. Sure question. I moved that the planning and zoning commission forward. A recommendation of denial of case sup-024-25 to the Board of Supervisors. Good, once the second.

So recommendation for denial now. Chairman Globe. Yes. Commissioner Hartman. No. Commissioner Keller. Yes. Commissioner Lizaraga. Yes. commissioner Schnev, I Commissioner Pranzo. Yes. Commissioner Scott, No. Commissioner Klucar. Yes. Okay, that motion passed six to test.

So the recommendation of denials going forwarded to the Board of Supervisors, okay, and I'll just say that with us being a recommending board, the applicant has the opportunity to go before the Board of Supervisors and and get that before that. Their case. All right. Thank you. Thank you, everyone for coming. We're gonna take a 10 minute break before we get into the new cases. A little long. just just with our first case, S. Az5 Heritage Road. Thank you, Chairman.

good morning, Chairman, Vice Chair Commissioners. My name is Tanya Bedwood and I'm senior planner assigned the case, and we'll be presenting on the matter. Sup 00726. And this relates to a vertical bridge application in relation in coordination or collaboration rather with Verizon for wireless communication facility. they proposal is for the construction of an 85 foot high wireless communication facility top of branches for Verizon.

And just to know that the location or the site is located west of Cumberland Road in the Arizona Skies ranches communities, and this is just north to the northeast of the town of Florence in, on Incorporated, in an unincorporated area of pinal. The county map shows the broader vicinity location of the the site within the broader vicinity. The parcel is zoned, Gr, and also the surrounding zone is around surrounding Parsons. Rather is also zoned Jr.

And this falls within under land use designation of very low density residential under the comprehensive, the Penalt county comprehensive Plan. The vicinity map shows again. The broader location and the land uses in its immediate and surrounding vicinity. And this is an aerial overview of the site location. Provided on the slide are. Photographic illustrations of the parcel of the subject, parcel. And an indication of the notices that were posted in relation to this case.

specifically, as pointed out the request is for, 80. This should be an 85 foot tall top of branches and wireless facility, not 80 and this will be placed on a 50 by 50. least area on the the parcel, the compound this will be a stealth design of for eucalyptus tree and As outlined the details are outlined. I won't go into the technical technical details as outlined on the slide. The site will also be located within an 8 foot high, CMU wall as required by code. just to note as well.

That in addition to this stuff, this the stealth design is intended to come a flash. They The tower and the finishes will also be anti-glare and be done with the view of ensuring that the the camouflage is maintained the setback of the tower on the various sides is indicated. Our indicated on the slide access to this, parcel is from This is an illustration of what the stealth design will look like vertically.

and this illustrates the antenna array, which would be a radius of approximately 18 feet that will comprise the the structure. Provided on the slide is the pre and post coverage for 4G and 5g technology as indicated, the pre coverage before the Side is developed is on the left and it is anticipated that covered it in Will improve as shown on the posts coverage map. Public Participation.

There were various mechanisms of public participations in public participation incorporated and these are outline on the slides on the slide with the relevant dates, just to highlight that as that. The time of well, yesterday up to yesterday, we received one letter of opposition and this morning an additional letter of opposition was received and that would have been copied and a copy presented to the commission just know chair.

so all things considered staff has put forward two motions, the first to approve, um to approve, the s u p z 007-26 and this approval is in line with the 17 Stipulations as outlined and presented in the staff report should. The commission choose not to approve. There is also language provided for the For the denial of of the case, as well. And that sums up my presentation. I will take any question just to note as well that the applicant is present.

And the applicant is also would also like to speak. Thank you. Thank you. Any questions for staff? If I share, There are no stipulations. There's seven. You can see that at the end of the staff report. oh, all right, they're in, I'm sorry, they're in the back, but the, the motions are in the front and don't list the number of If it was approved, didn't list stipulations, but they're actually isn't it emotion? So The Draft motion. It's usually in the front so I didn't see it.

Okay, and I apologize for that. My misspoke. Okay, thank you. You're welcome. The other questions for Steph. We're good with that. I'll bring the applicant up. morning, Chairman, Klob Vice Chairman Mooney and members of the Planning zone Commission. My name is Cjbcraft and I am here, representing Vertical Bridge on behalf of Verizon Wireless requesting your approval of the Special Use permit for the wireless communications facility.

Tonya has described I am standing in for the applicant, Christine Tucker, who had to leave town last night on family emergency. I'm happy to answer any questions. You may have the purpose of this facility is to address an existing gap in service and verizon's coverage while improving network reliability data capacity and emergency communications.

for residents, travelers and businesses in this portion of Pinal County, The site meets the technical requirements established by Verizon's Engineers complies with Canal, County, development, standards, and we're and we were able to reach business terms with the property owner. many parcels were evaluated within the required search area and this is the only one that met all the requirements. Thank you. Open up to you guys, good. Any questions for the applicant? Thank you.

Will this site strictly be Verizon or will you lease out space for other carriers? It is, it is going to be built as a co-located. We'll facility to other towers in the in the vicinity being built and you chose this location because of need no other cell towers nearby. Evaluated, existing towers. The closest one to our site is four and a half miles to the west which doesn't meet Verizon's need. So, a new facility was required.

to meet verizon's need for service within this portion of their pinal county, okay? Thank you. Any other questions for the applicant? Thank you. So that I will open the public. Comment section for s u p Z. 007-26, I only have one speaker card, I think we got a couple email letters of opposition. But Jennifer and Paul Dunlap. Yes, sir. Good morning. commission, my name is Paul Dunlap, I own the property to 5146, North Jamie Lane which is a Jason to where they want to put the cell phone tower.

The 85 foot cell phone tower, my wife and I bought this property. Five years ago I'm building a 3800 square foot home. It's almost complete. It's about two months from completion. From my front door. There's nothing but open land around. We're the only residents in that spot, my neighbor to the north, Eric Norr who opposed through a letter and to email, I guess. He is next to me. He's planning on building a house for his family, as well. I brought my family with me.

this will greatly reduce the land value of my home. If I ever go to sell this property that self tower is, I mean, it's from here to the back of this room. I mean, it's it's gonna be massive. It's gonna be the Dominant feature in that area. This is drastically going to devastate my land value. No one's gonna want to buy that property. I don't want to live on the property with an 80 foot cell phone tower. I, I spent $8,000 and had custom double doors made. They open up into the cell tower I mean.

I've spent so much time and effort and money and resources. I built this home myself, my family helped me. You know, there's 5g cell phone network, I have Verizon right? Directly in front of the board. That planning and zoning put up. I provided a picture if you guys can see that. Of my phone. And at the topping CSS 5g, we have 5g everywhere. It has a basement, my house, I dug a hole. Had put rebar concrete. Did it in the summer. myself.

My family poured the concrete, I've worked so hard on this house. But anyway, I go down into my basement, have 5g network in my basement, from from Verizon. There's no need to put a cell phone tower. 80 feet from my front door. This this is I don't understand why they would even select this. I talked to Christine Tucker, she said they had a meeting. I never received a letter, no one came on and talked to me new waves. I spoke to I believe it was. Daniel. He owns the property one time.

He's never approached me never came out to the property. I'm out there all the time. Business owner, you know. I'm a good man. I'm just trying to raise my family and build a home and an investment for my family. and to put this cell phone tower, right there is really gonna hurt. Okay, right here. So when we first purchased a property, we went to the title company to close the property and I did provide documentation.

If you can see it for Arizona Skies It's a declaration of restrictions Arizona skies ranches. And particularly on page three. Line 18. You can read from line 18 to 21. It says that. I have the right to oppose anything they can't. Put anything on. I have the right to object. I can take it to court have an attorney if they lose. If you guys could read through this unless you want me to read it. All right now which I can do. But I think I ran out of time, so, but, Eric, nor he has a job.

This was board was put up two weeks ago. My father-in-law had cancer. We went to the Mayo Clinic, they removed part of his colon and a tumor. It was an emergency thing. They wanted to remove it immediately. I came back, there's a board. So we're going back and forth to the Mayo Clinic and two weeks is really not much, time to mount an opposition to this, massive 85, foot cell phone tower, on my front doorstep. so, Either more time or whatever.

If I have to file a lawsuit I know it says in that document for Arizona Skies, which all property owners who purchase land in that area area for Arizona skies has to agree to this. I had to agree to it whenever I purchased on, you know, a little bit. Okay, so I had to agree to this, so I know New Wave Homes agreed to it, as well. So, I'd like to submit these if you can read them. And and that's all I have to say pretty much I wish I had more time so, thank you, sorry, a little upset about it.

I've understand, it's been a lot, so thank you. I appreciate your time. Just miss her. Yes Mr. Scott I was just curious. What year did you purchase this property? It was in 2021. Okay. Yes sir. All right, thank you. All right, thank you. Mr. Hartman as I'm pretty. Okay, maybe I missed it but I um, you made a good point, you know? Good presentation. You're opposed to it. the microwaves or the, the site that, you know, the tower the the look of it. What what? Exactly Bothers you about it. Well.

Exactly what I mean. It's land value, and there's a beautiful view. I mean, it's 80 foot from my front, doorstep for one thing. And if, once my kids are raised, we're probably end up selling the property. It's going to no one's driving up to it, you'll just see a massive cell phone tower.

And if someone if I a buyer comes in to buy my land, and look at the property, um, they're not gonna want to purchase that with a massive cell phone tower, I don't even want to live there with a massive cell phone tower there. I don't know what kind of health things, I don't know if I can even say anything about that or not. Yeah, that's where I was curious. If you had a health concern, I do, we've done, I do have hours in the past in this pack. This room, people complaining about.

Yeah, I I do but I guess there is a federal regulation or something that you can't deny on the basis of that. So I brought my point you know trying to but of course I have that concern. My elderly father-in-law, who just had? Cancer surgery lives with us resides with us, my mother-in-law, who is 80 years old? Her kidneys failed a couple years ago. She was on dialysis, we brought her home out of the hospital and she lives with us as well. She's incapacitated.

So I even build a handicap ramp off our front porch. Which is about 80 feet from this cell phone tower. And so I have grave health concerns. I really don't want my family living there. Honestly, I don't know. I'm not an expert on what these towers do, but I am very concerned about the health of my family And you know later on down the road, if the research isn't there. Now, if they get cancer because of this, because I failed as a father and I didn't move them.

So I'm gonna have to sell this property because You know, and am I going to be able to sell it with an 80 foot cell phone tower? 80 foot from my front door. 85 foot tall. It's massive I mean, and that's a beautiful area. I mean you look you see the Superstition Mountains. I open my door. Now, if there was a house, there's something it would be fine. You know, but that tower is a It's just, and I don't understand why they picked. That spot New Wave homes owns five. Lots, right in a row.

They picked the one That's right in front of me. So why I don't know. You know, is a personal thing. I've never I try to respect people, you know, I respect their property, their land and You know, I'm a good man. and if he was a good man, he would have came and talked to me about this who does that? You know, I don't know. That's just my feelings on it. Yeah, you so it. Yes sir. Anybody else can I just commend your children for sitting through this long and boring? Yeah, meeting the specifics.

Like they have been so well. And I just wanted to commend you guys for being here. Yes, they're good. I had to say Thank you. Oh second that thank you. Thank you, thank you very much. We spent a lot of time and effort making them good kids. So when my kids were like that age, they wouldn't have said like that. Yeah. Oh wait, stay leave then it'll be on. Well, you know how it is. Thank you sir. Thank you. Anybody else who's to speak on this case?

Seeing none, I'm gonna close the public portion public. Comment portion of scp-007-26. and bring it back to the applicant to add any Less comments. Board. About property values. That following his family had mentioned. We while we respect Paul's opinion and his concerns for the the placement, the everything, everything about the tower, I wouldn't claim to be appraiser but I do know that people my age perspective. Home buyers.

I'm 27 I am in that that time of my life often look for new homes in areas with smart services. Um, soil services, most people's only form a phone service. In fact, it's 90% Of US households. Use wireless service. Is first responders primary mode of communication? eighty percent of the 240 million 911 calls, annually come from cell phones, using coming stemming from these So cell towers. And the site will provide benefits of improved talk and data services as well as Internet.

So we feel that it will improve the value of the ever-expanding community down here in Pinal County. Question. So this is basically a subdivision, right? These are just lots that are residential and they are one of these lots that you're looking for is to is a residential lot that you want to convert. To an SVP for a cell tower, correct? And what, what do you have in a comment to the applicant saying that he has Verizon and has 5g out there? it's And it depends with from user to user. Mr.

Dunlap and his family may have great service there. but it is not just for everyone on his road who will eventually move in is for the travelers of Pinal County off the highway. These towers talk to each other. That's why we tried to get one in every five miles or so. Um because as capacity builds they are essentially daisy chained to each other.

where they can transfer the capacity and data for the Internet and the all the they provide It was there any other property opportunities that you guys looked at as opposed to this one within our search ring. We property owners and within our search ring, 75% of our Owner. We never heard back from them. um, we the only person, the only property owner was new waves holding. They were communicative with us and They? They? They they were, they were really hard on the site. Correct.

Your leasing leasing. Yeah, right. Okay. Okay. Thank you. Commissioner Cooker. Yes, I would just wonder if you could possibly go back to the slide that shows the coverage before and after okay, so I don't have a real trained eye but I'm not seeing A vast difference. If the coverage it has extended, is it the green area that's going to be the new coverage? Yes, I believe.

So I It's like as knowledgeable as she is but that green, I believe is the expanded coverage, post installation and construction of the tower. Um, where the Wirelessly through, and they talk to each other. So as capacity builds within this new area. They can transfer from. Power to tower. okay, so I'm just looking at this photograph this picture and trying to figure out where, okay, so you have your tower just below that the green, the big new green area on the upper, right?

So I mean is there any other location you could put it that's a little bit more obscure and not in a residential location like this. And the questions already been brought up but to me, it doesn't look like there's that much more coverage that you're gaining by putting it in this location. It looks like there's, you know, a lot of coverage there already except for that one purple area. So I was just curious. Is that how you go by the figuring out where to put it, right?

We're we're provided a search ring. That's sometimes. Most of the time. Only a couple hundred feet. and we have to, We have to find an area with it within that ring. There's so these this where we have it is really the only feasible option. The landlord, he agreed to our terms and he wanted it in that spot on his parcel on. That's where he chose it and instructed us to place it. Okay, thank you. For sure.

And I know you're standing in so you might not know the answer, but the gentleman that that came up to speak said that New Wave owned the five laws across from him. So is it possible to move to one of those other lots? So it isn't indirect, I'm trying to appease again, not an indirect view of his front door, but it's still getting the coverage in the area.

There are five, He stated There were five lots and I'm not sure about that, but so I thought I'd ask, Um, I'm not entirely sure how far we can. We can move it. I believe it is only at the moment, would be 20 feet without a new survey and All that all that that comes with. The SCP would only be for this property, anyway. But the relocated they'd have to restart the SCP process. Yeah, yes. I understand that but just trying to see if there was a way to work through it, you know. Comments.

Maturation, I could just chime in for one moment. I know there was some discussion about health concerns and I just want to point out into the Telecommunications Act in 1996.

While the county does retain regulatory authority and zoning authority, over the installation of wireless either facilities, they are handcuffed to a degree in terms of the health effects and considering the health effects, in terms of a denial, specifically under federal law County cannot deny, a permit based on the environmental or health effects of RF. Emissions provided. The facility is operating within FCC guidelines for those emissions.

And normally there's a stipulation included in these that, that covers that. But I'm speaking only with respect to the health effects. Thank you. Any other questions? Very good. Thank you. Thank you. Put that I will. Know, I'm sorry, I've already closed the public portion. I'm sorry, I can't I can't take any of your comments. With, with, with that, I I'm going to close Svp 007-26 and bring it back to the commission for a motion. Yeah. Mission pronzo. First time. We've had a tower game.

This is not the first time we've had a tower. Plant itself in front of someone's house or alongside someone's house. It seems to me that. I know this is not a. utility, but There's definitely a lack of planning. And how do we send a message? Hey, get out in front of this thing. People, buying property should know that the tower is going to be there before they buy Not after This is not working. It should not be our problem, it's their problem and I don't want to own it.

You know, I'm a little frustrated with this. This is the second time in a row now that we have to listen to somebody who bought their dream house and she's gonna look at an 80 foot tower. This is not going right? Well, our tool is to vote. I'm sorry vote against it then. Yeah. But I wanted to get up this is like A good habit and it needs to stop. They need to start planning a lot better than they're doing now. but, I'd like to make a motion. Mr.

Scott I move that the planning Zoning commission for to recommendation of denial of case, s u P -007-26 to the Board of Supervisors. I'll second that emotion in a second. Any additional discussion Richard Marvin. No, I've got You know, it's it's just Mr. Scott. You know, it's just You you finally figure out where you want to live and you. Move to that area by that property and you set it up. You know, you're gonna move your family out there, you're gonna build yourself a house.

and then halfway through your project, you know, shock, We're going to put a tower right there, and In close proximity, maybe in front of a special window or the door or something. like this, it's just not right. To to have these projects. I'm I mean South Cell Towers are needed. You know, we got to have the coverage but I think that we can be a little more.

I think we need to developers need to understand where they're putting it and who's already there and what their dreams and their aspirations. Are we still need the coverage, but You know, a little future planning, they're going around and talking to people really go a long way instead of just, you know, getting a surprise letter.

on it, but I would agree with that and, and you know, if a case is there are you know, five other adjacent, lots to purposely build one right next to someone who's already building. I think is problematic. I think that You know, people expect, there's there's a lot next door, someone's gonna build a house. They don't expect an 80 foot cell tower.

and you combine that, with most of the cell towers, we see, you know, there are the, the rare occasions, but most of them we see they're on larger, much larger, acres. Not, you know, acre in a quarter. Lots so I'm gonna agree on this one that the while we need it in that area. I can. I see the map? It's on the screen I can see the new coverage that that is justified. I just don't know that this actual exact location is means that justification Right. Sure, I may chime in on that.

you know, this The information, the gentleman provided for the declaration of restrictions for Arizona sky, ranches is dated 1978. And so, it isn't like it just popped up yesterday. And so this gentleman and family may have purchased their home and someone else's in the process of building as well as they are. How do you go about somebody submitting an application for this? That needs to be attached. So that, this It's the same thing with all of these. Approvals.

that have happened around the county that we're finding out of you know, that was approved in 1999 and eventually it's going to be a subdivision. you know, somehow there needs to be a mechanism. So that everybody is aware of this the tower may not go up for two or three years, how many other houses are going to be purchased in the meantime, but they're in the process of Applying for this.

So how do you let everybody know and in this particular property is dated 1978 so I I I'm in agreement with Commissioner Scott and Promso and All of you. Any other? Just it's just odd for me to put a cell tower in a residential. Lot area, right? If you look at the map, I just To start. so, with that doesn't fit I'll bring we have a motion in a second. This the motion is to deny. Sup that 0-07-26 or should say recognition of denial to the Board of Supervisors for denial.

So with that And we'll try just on a voice vote and if we need to we'll go to roll. Call all in favor. Say, I I any opposed Hearing, none that motion passes or fails. That was fun. Thank you Chairman. Thank you. So what are we doing? I don't care. But I think I'm going to try and just push through this. Push one more before we go to lunch. So that I'm going to call. P-z-012-26 Monroe Event Venue. A little chair and members of the commission. My name is Sam Amaya.

I am the planner assigned to this case. So as you said in the instruction, this is for the Monroe event venue. so for the proposal, they're proposed proposing, a rezone of approximately 4.87 acres from General business, CB1 zone to General Commercial C3 to facilitate development of the event venue. it is located along Hunt Highway, and it is west of north and way and it is south of the town of Queen Creek in unincorporated. Pinal County.

The applicant is Shane Allman from Tiffany and Bosco and then the owner is Edward Edgewood Capital LLC. So, this shows the comparison to the rest of the county of where it is located in the near Queen Creek, and This vicinity map shows a better. point of where it is located in the, in the general area. As well as the current aerial. And then this shows the surrounding area with the existing zoning as well as the proposed C3 zoning.

And then this is the 600 foot buffer notification zone that we Submitted all of our documents to per state statutes. So, the breakdown the site plan. submitted, it has two events spaces eventually speed and which is the Western portion and the event space A which is the Eastern portion. for event Space. B, includes the Assembly Hall restaurant and outdoor law event lawn. And then event spent space A includes the Assembly Hall restaurant.

Indoor and outdoor cocktail areas as well as the outdoor event lawn, and then a portion of it is a commercial area that will be used for event planning and administrative duties. Actually go back. and then throughout the site, there is a hundred and sixty five total parking So, this shows the site photos looking in all directions. As well as the. broadcast sign that was put up by the applicant.

And then our smaller so, for the analysis, traffic impact statement will be and required at the time of site plan review, and then this will determine if there's any off-site improvements that need to be made to accommodate the proposed development. and also, for noise, landscaping and other measures have been taken to reduce the light and spillover. This includes having a six foot high wall surrounding the venue areas with trees.

And then also the building location and speaker orientation, according to the applicant will help reduce excessive noise to the surrounding partial and then lastly, there are two or fissures that have been located on the parcel for safety of that, go back. One of the stipulation is that no permanent buildings or structures shall be permitted within this area just for safety. And then to some of the consideration, Isaiah, they are requesting a rezone of approximately 4.87 acres.

From CB1 to General Commercial C3. The site does have legal access along Hunt Highway. Site plan Review process will be taking kit, will be a separate process after the rezone should it, get approved. As well as the traffic impact statement and drainage will be somebody at the time of site plan review. We have received one letter of support, from provided by the applicant and then should you choose to recommend approval for this case staff has provided 13 stipulations for approval. You've gone.

And then there's also language for the deny motion as well. I think that concludes my presentation. I'm happy to answer any questions, Period. Thank you. Any questions for staff? Yeah, real quick. so, I assume that area between the event A And Eve Space Event, B, If you go to the site plan, that's the Fisher. Yes, it is that one. Okay? And is that is yet just pavers or something material that will be over? Yeah, the applicant is proposing.

Just landscaping and then there will be a bridge that goes of crossed it. But no permanent structures are proposed within that area. Okay, thanks Mr. Scott, I was just looking at this. Is there only one entrance and one exit Is it shared? Or is there two of them? There is currently, there is one access from the Norfolk Northwest portion of the parcel. Is that going to pose a problem? People need to get out of there. There's a cars sitting there.

That would be looked at the site plan review by our engineers. Our engineering department. Okay. Sure, I'm just gonna pick you back on that concern. because we've seen many come before us that have already stating that they don't have that second access. I'm not even sure where it would go on here. Yeah. Well, getting out getting out and going over the fishers. So I do have that same concern about not having the second access.

But my other question, answer, question for staff and I don't know if The, we have a engineer on hand but the earth, fissures and stuff. I just I I find it interesting and and respecting that this particular location isn't going to build on top of them. There are some that were behind my community and they built a road on it. So I'm just trying to see if there's a reason.

It's okay to build a road that people don't drive on and lots of traffic and not necessarily, put a building, if there's anything but I'm not sure. We have a county engineer. That would be able to answer that or if anybody else on staff would like to, okay?

When the fissures get brought up, they've been brought up on other properties out in the area that I happen to live in and There's a sign on the side of Hyundai Way that tells you not to cross because they're a fissures and they're smoothing the land and building on it. So I just don't understand because I Have not lived here. All my life to understand the in-depth of fishers. So, Just curious German vice chair.

We don't have an engineer on staff, but I mean generally it's recommended you don't build on that road or anything. However, our techniques you can address to build on it, it just makes it more expensive and so it's best that it be avoided. In this particular case the applicant is avoiding fishers So I think he's done a good job in that regard. I was just. I was just trying to understand why you could in one area and and not in another or if this was just a choice. I think it's a choice.

The African can't speak to it. You don't. Any questions for staff? Commercial cooker. Yes, thank you. I was just wondering in See. Item 10. Under the stipulations, the landscape buffer will be required. This landscape buffer shell included at least a six-foot high wall between the property and question. In a rural residential district. Now, how did you come up with six feet? Could, you know, could you be more specific and say like eight feet Commissioner that is taken directly from our code?

Uh, in relation to commercial properties adjoining residential properties. It's okay, so that's the minimum then six feet. Yes that is. That was directly from our code. Okay. The comments and stuff. Good. That'll bring the applicant up. Thank you so much. And now I can say good afternoon. We've moved into the afternoon now. Thank you so much for your patience and thank you for the opportunity. I'm speak, my name is Shane Allman with Tiffany and Bosco at 1850 Central Avenue in Phoenix.

And first of all, just wanted to thank staff of as we've worked to through this project. We provided a lot of additional detail because we knew that there would be a lot of questions that would be coming up regarding at Event Center. We had a lot of more detail that we showed on a site plan that we provided.

We actually did do a traffic study for this even though we know that that's not required until the site plan because we wanted to know about the traffic and the circulation for this site, We've had, we had a great neighborhood meeting. We had four neighbors, that attended, two of those were our direct adjacent neighbor to the west of us, which owns a home right there at the southwest corner.

of our site, as well as someone that lived on on Sundays, a couple others, the support letter that you have today is from that neighbor directly to the Southwest. Us had lots of discussion with him. He's very happy with what we're providing as far as the landscaping as far as the six foot wall for any mitigations. He had no issues whatsoever. He was able to support our case outright.

We had another neighbor on Sundance, not far from us that also expressed verbal support couldn't ever get the formal letter but they did they were at the meeting and expressed that support and we addressed all those issues just to address a couple of the questions that have already come up regarding the fissures. I'm not an engineer either, but my understanding of fissures whenever we think of fishers, we think it's just going to be this crack in the ground that just sits there.

There are mitigation measures that have to be done as part of the engineering for the site. But because of the historical nature of fissures the load-bearing weight of buildings. Is what is recommended not to be on there. It's been found that parking driving walking over those things that have been mitigated are safe, but any kind of load-bearing building On. Their cannot do that. And that's why we've accepted that out those those areas on the site.

As far as the access we do, have that North West access out onto our site. Um, that has been a historical share to access between. The property owner to the West, they currently have a nursery Moon Valley nurseries. That's operating there directly to the west of us have lots of discussions. We're actually in negotiations.

We've on terms for the shared access because one of the things we've heard from panel is that because we're on that that highway there the it's going to be very important for all of not just our property but all of the property owners that they are speaking with one another, to consolidate access points on highway. We've done that. We have an agreement sitting in a draft form with our neighbor with the terms.

And we have to wait until we get into site plan for the details of all of the, the driveways and access and all of that before we can finalize that we've brought this up to staff but this is going to have to be something, I think more for The site plan level, but at the southwest corner of our site. There is an opportunity to put an access point there. However, We don't want to push cars into a general rule neighborhood there. And so we are open to having that be an emergency access.

We've discussed that with our neighbors, there's no issues. If we need to put an emergency access for that second, access point, case, things happen. So with that, we get into the site plan stage, we will get into those details. Those fine granular details on the access and, and the design of all of that. How that that works. But we have had those initial discussions and reviewed those and are very aware of those potential concerns. Happy to answer any questions.

I do have slides but I know trying to be interest of time here to today so I'm happy to answer any questions that you might have. Thank you, any questions? Mr. Scott It is we got a plan for something that's unforeseen. And and, you know, it's a it's going to be a popular thing. Someone's gonna get married, every park's gonna be taken and then something I'm for seeing happens. And everybody needs to exit. That's it, that's it. Sorry.

So, that's You know, it's great to share something with somebody else. That's wonderful. But, but what happens when that happens. Well, it happened. I'm not sure. But if it does happen. Yeah. It's going to make it rough. Yeah, Chairman and Commissioner Scott. Yeah. And that's, that's why as far as the detail for an emergency access point that will be worked out during the site plan phase at the southwest corner. We have that have that opportunity to do that.

Especially when discussion with our neighbor. There's already a dirt path that's there. That goes to the south. So if that is an issue as we do, the more robust traffic study, that will be during site plan, those are going to be requirements that are going to be, you know, put upon us by engineering and that will work with them to make sure that that's available in case any emergency circumstances occur. Thank you. Thank you.

the only thing I'll add to that is as you said, as you go through site planning, there's some other things that I can. Tell. are gonna raise some red flags, I mean, fire trucks, and access turning around, and that kind of thing, as well that you know, our city staff and and what I will, we'll make sure that that's all in compliance. Yes, absolutely Yeah. Any other? Questions for The applicant. Simple. Question, which President? Like I know all of this is going to be addressed with the site plan.

Yeah. But it's sitting in front of me right now. Okay. And so, I'm wondering. Is it the fissures that made you put the parking lot to the south side and a load-bearing on the north side of this property? A commissioner pranzo chairman. So, currently the way that the layout that, yeah, the fissures so, if you look at the layout of the site, the the way to get a better configuration of the buildings it was to put that on the the other side.

The other thing is we didn't want parking to be nearest to an existing commercial center. So we pushed that away to the other side again that this whole configuration of the site can site plan can be reconfigured, you know, as we go through the site plan phase, my problem is what you're presenting. To me, doesn't work. It's that simple, it doesn't work. And I don't, I'm looking for. What is it going to be when you're done and I can't come up with anything. Yeah, and that's what bothers me.

I think the the venue will be successful. I think it's a great idea. There's plenty of people with enough cash flow available to make this venue attractive. It's just the way the site plan is presented here. It's not workable. Yeah, and I think that'll be what will have to do with staff and work through the site plan phase? Those things can be do it. But we we note that and we appreciate the feedback. Okay, thank you. Thank you. Richard, I have one more question.

You mentioned in Item, 11 Shell ex you should. You're not going to exceed 60 decibel After 10:00 PM Sunday, through Thursday, and after 12:00 am on Fridays and Saturdays, 60 decibels. Just give me an idea. What how loud that is. vacuum cleaner. Commissioner Klucard. I don't know if anybody here on staff as a sound engineer. If you might know our client 62 right now, 60. I'm sorry, what's that? 60 Don't.

Yeah I I think that you know general noise and people talking and you know some music and and things like that outside, okay? Then why Fridays and Saturdays till midnight? Just because of you might have some events that are gonna go later on weekends. Yeah, Commissioner Klu. Car. That was something that was proposed by staff to us. Okay, the the stipulation in discussions with our neighbors, our immediate ones to the West, they had no issues with that.

They understood that we were putting the mitigation, with the wall and the landscaping. And so they didn't have an issue with that. But yeah, really, it came. To the what staff was comfortable with. And I noticed to the south. There's a looks like a subdivision of smaller. Lots are there any homes there yet? Or is that our opposed? We could go back to the I don't know if I've got a Yeah, I have aerials here. That one right there. Commissioner Clue card. No, there are no.

current residents there and that subdivision and I don't know what the status of that That is. okay, because they're pretty close and to have that I mean, I know the sound level isn't obtrusive, but You know, I have, I know because I have a venue close to my house, but it's a lot further away than this is at 10 o'clock at night. The sound is off, they completely shut down at 10 o'clock and we appreciate that, as neighbors.

And I'm about a half, a mile away and I can hear it clears day at 10 clock, and I don't know what the decibel level is there. So I'm just kind of thinking about how we view it and I don't know that midnight is a good idea if you're that close to homes you know people go to bed early even on Friday nights. So I'm not sure I I'm approve of that stipulation Yeah, and like I said, commissioner that was what was recommended by staff and the discussions we had here, supporting help him out.

Oh, this is one of those, the property owners of this site, but if that is a concern, I think that that's something that we could, you know, work out in a, in a proposed. Stipulation. Yes. So, I think, if you're gonna speak, you need to state your name and oh, Brian Cunningham, I'm with Edgewood Capital. So, I think we'd love to hear from the community that it was an issue. Thanks for bringing it up. So we are hiring a manager who currently manages another partial or another event venue.

They do close at 10:00 and sound off at 10:00 at this venue. If you look at the site plan, we have a 13,000 square foot event and event. Then you a an event then you bees is 6,000 square feet. We can also encourage them to come inside. So we are very, very conscious of sound. We knew that that was going to be. staff's. Biggest objection, your biggest objection. So we're willing to limit, you know. That decibel rating to the last.

We're going to have events and sooner but staff was the one who proposed midnight and we just said hooray. So, so, I think what we could do is if, if it makes sense is, I know we've got a we've got two event spaces there, we've got one that's closer to the Hunt Highway. if for some reason, we wanted to have a later event, then it could be relegated to that building, but if anything's got going to be happening to the south, we're happy to put a stipulation on there That stops that noise at 10 pm.

In. Okay, thank you. Mr. Tip to put this in perspective, just to the west of this property is a great little state place. I'm not plugging San Tan Flats, I'll plug it, I like That's great. They, they do have outside seating and music that they play there. So they would be a great resource to go to to the see how they because they're right. If I don't know if we have a aerial view but they're like not, I don't know. Is that even 500 feet? Yeah. Right there too. As the curve of Hunt Highway.

They're right there. right there that property. So they have music and everything outdoors. So the desk. Well, don't they have to do with the neighbors too when they have their entertainment? So, I I don't know if you keep it to how they do it. I don't think it'd be a problem. Yeah, I think they can go to midnight but and chairman and commissioner shop the it they only distinction I would make between them as I. I've been there plenty of times, my family, and we're not looking. Alive.

You know, it's a live band, they turn it up. It's a little bit different when you've got being able to control volumes and and things like that, but yeah, I agree with, you know, those are a great resource that we could go to and talk to about that. Moisture. Um, you're playing well to that the noise. A lot of the noise is actually going to carry back into the Into the Moon Valley nursery. With that, they're all their trees and plants are gonna absorb a lot of that.

Anyway, I I think there's just been a lot of sensitivity that's been taken into consideration in this design and I really like the general direction and I know there's some challenges but I think those will get worked out. So I like it. Thank you. Chairman and I will say one comment on the parking, we are actually over parked right now, but we will work through any parking issue during the site plan. That is actually a detail. We need to because we don't want to be under park either. No.

And as those talking to one of our other commissioners earlier, the code is the minimum We don't always want to just build to the minimum. Yeah, so absolutely. Thank you, Chairman, very good. Thank you. No, I'm sure I'm sure there's a study out there that shows that plants and trees thrive with music. I'm sure it's out there. Yeah they do in my house, the same house, moon valley, they'll provide it for you. Awesome. Thank you. Thank you. oh, Did we have someone from staff that wanted to?

At anything to this. Okay. So with that, I will open the public comment portion of P-z 012-26. I have two speaker cards. Derek. Forest, I'm sorry. Okay. He's in favor and then also have Brian Cunningham. Okay. He's also in favor. Anybody else like to speak to this this project? Seeing none, I'm going to close the public. Comment portion of Pz012-26. And bring it back up to the applicant. If they have anything else, they would like to add. Very good staff. Thank you.

So I'll bring it back to the Dias for a motion. And discussion. For sure. Thank you, chair. I moved the Pinal County Planning and Zoning Commission forward. A recommendation of approval to the Board of Supervisors subject to the 13 stipulations listed in the Second. Second by those raga, all in favor. Say I I state the motion please. Before there's a vote, the the motion is to approve p-z or offer a recommendation of approval to or the supervisors of p-z-012-26. Thank you. All right on favor.

Say aye. Hi any opposed motion carries? Thank you. Thank you. With with that. Do a 30 minute lunch. So we can keep this moving today. 30 minutes, good for everybody. Yeah. Okay. But that'll do it. 30 minute lunch. P-Z Hearing Room: On these next two cases. so, to avoid any Conflict of interest. Or appearance to bias. I will recuse myself from discussion and voting at this time. And that's for Pz009-26 and P-zpd 09-26. Yes right. Good, thank you Chairman Thank you. All right with that all.

Bringing to staff. Thank you. Chair members of the commission. I am Sam. Am I am the planner assigned to these two cases? So, for p-zpde, or to break down both of the cases. P z 0, 0 9. That's 2. 6 is requesting room approval of a rezoning of approximately 1,263.1 acres from the general GR zone to industrial zoning district, i3 to develop decide as a utility scale solar generation facility, substation, and battery energy storage system or best.

P-zpd009.26 is requesting approval of a planned area development overlay to amend the development standards and permitted uses on the subject site. Because it is such a large designation, we don't have just one location. So just for the general location is located between East Green Reservoir Road and East Pretzer, Road and between South 11 Mile Corner Road, and South La Palma Road, south of the city of Eloy in Unincorporated Canal County the applicant is Sean Lake of Pew and Lake Plc.

And then there are two owners. It is the Donnelly Family, Trust and John Patton, John, Patrick and Melina Donnelly Trust. So this shows a comparison of the subject site compared to the rest of the county sewing, it is below or south of the city of Eloy. and then this is the sending map showing the entire subject site compared to the rest of the And then this is a current aerial of the site and all the parcels included.

And then for zoning this shows the surrounding area become and then the proposed industrial i3, so this shows the 600 foot notification zone, that was That all public notifications were. sent to, and then this shows a and overlay of the entire site plan, I have broken up into three portions the northern portions west and Eastern portion. So from the northern person it is a mostly the solar arrays but includes the inverters as well as a 50 foot industrial buffer. Setback.

It And then there's the MV corridor as well. for the Eastern person, it is a similar with the solar array, but this portion will include the best and substation as well. And then for the western portion, it also includes the solar way inverters and industrial buffer and corridors. So be due to the, I meant the increase size of it. We set there were 15 broadcast science throughout the entire subject site that put out and 21 of the small notifications and science.

I put up a couple of for reference And then for maintenance for vegetative maintenance, the applicant stated that they will be using in herbicide and site-specific plan for weed, control and vegetated management. And then the site will be a fully contracted within Arizona power, electric power cooperative, and this is one of the utility providers that provides power to now county.

Actually go back and then for fire safety, the it according to the applicant, it will not be requiring any additional facilities, but the applicants have been coordinated with local fire departments to ensure appropriate emergency response. This include early engagement information educational outreach, and then operational characteristics and as well as safety and response. Protocols So, a decommissioning plan, hasn't been submitted with with this project.

but a, according to the applicant, they will submit one during the site plan would be process. And then those are some of the elements that will be included at minimum This includes removal, all above, and below ground equipment. Any structures, as well as restoration of the the site back to What it was previously as well as revegetation information. And then submittal of a decommissioning plan will be a situation at Saipan proof or if you will be a stipulation for approval.

so, for other items to consideration as I said they are requesting the rezoning from general world to industrial uh, and then the pad to amend the development standards and permitted uses the access. It's gonna be, it could be accessed through multiple points throughout the site. This includes 11 Mile Corner Road, Ellis Road, Sunside Boulevard, LA La Palma Road and Green Reservoir Road. And then a site plan review, process will be required after the rezone should it be approved?

And then a traffic impact analysis will be submitted at a site plan when you similar to drainage Yes. And then, as I said before, they will be submitted uh, submitting a site plan for vegetative maintenance. Uh, so far we have received 22 letters of support from the application related To this case, the applicant has provided 21 of those 22. and then after publishing we have staff has received 12 letters of opposition related to this case.

So that brings a total of 22 legends of support and 12 letters opposition directly mentioning this case. And then there were a couple other emails that would do not have a case mentioned, but it was similar to the Information. That was provided. And then should you approve the rezone staff is recommending the one stipulation. And then I have the if you if the commission chooses to approve, The p80 overlay for p-zpd009. That's two six staff is recommending approving.

The 20 stipulations as well as listed in the staff report? That concludes my presentation. I'm happy to answer any questions. Thank you. But that'll bring up the applicant. Good afternoon board members, it's a pleasure to be here and I feel a little bit better after getting something in my stomach. So appreciate that short break. We appreciate the opportunity to be here to talk about this project. This project.

what we're trying to do is really implement something or a approval that has already occurred by Pinal County for this area. So many of you who have been on the board for a little bit, will remember, this was part of a 2021 case where we amended the general plan to identify areas that are appropriate for green energy this in 2021, the Pound County Board of Supervisors, approve this site. For green energy.

Now, the zoning that we're requesting is the only zoning that we can put into that category. So we're just taking the next step in accomplishing that. We've worked with several other jurisdictions that we'll talk about in a second as several others through this process over the last five years. But with me here, today we have Kyle Whittier, who is with Nextera. He's going to talk a little bit.

We also have some experts from next ERA and fire safety if you have specific questions related to that related to safety. So, go to the third slide. There we go. And Kyle will jump in here. Thanks, Sean. All right, good afternoon. I'm Kyle. Whittier with Nick Syringe resources, appreciate the time here. And we've been up here before.

So I won't take too long here, but next energy, resources, just as a quick reminder or an American owned and operated company with quite a bit of generation and storage assets across the nation from nuclear gas, renewables and storage.

here in Arizona, in particular, we have a number of projects, both in operation and in development in Pima County Pinal County, Maricopa Mojave Cochise all over the state really And then what you, what's been a benefit of us being here and working with this project. And with the City of Eloy for quite some time is that we've had the pleasure of supporting a number of local activities, and local organizations.

One thing I would like to note that's unique to this project that I'll get into here in a little bit more detail. Is the new era local programs assistance that's portion of this project that is related to our customer to our partner in this project ebco, and a portion of what's required for some of their new era, grant funding that they'll be getting Going to the next slide, please. So just by way of another brief introduction and some of our epco partners are here as well.

But for those that aren't aware Arizona, Electric power cooperative is a not-for-profit member-owned electric transmission and generation service provider here, co-op really of all the electrical districts empower utilities across rural Arizona. So that is our sole customer for this project.

We've contracted it with Arizona Electric Power Cooperative and then they subsequently have the subscription out to a number of those local utilities including Ed2, 34 and Trico for this project in particular, We have some members from Epco here, as well as some of the electoral districts that can speak. If you have any questions on that but just want to do a brief introduction as they might not be as as well known as some of the other large utilities around here. Thanks.

So the next slide please. So the question that I get often. Okay, so in 2021 we approve this area as appropriate for green energy production, we change the general plan. Sean, what have you done since? And so what we have done is once this canal county identified, this is the location or this specific site is appropriate for green energy production, we went and worked with the City of Eloy on complying with Their green energy or solar location criteria.

And so in working with the city of Light Eloy in 2023, they adopted what they would like to see in sites but site location criteria, and this site meets all of those criteria as well as other things that we did do with, with other governing jurisdictions that you need to put up a solar and best facility in working through that. So we haven't been just sitting on our hands and knees. We've been working to work our way through the process to get this thing.

approved so that we can get to the end goal of building the facility. If it was as easy as building a Walmart, you get approval and you go pull a permit and build it but with these type of facilities, there's multiple jurisdictions that they have to get through to get to the end of the end of line and that's really where we're at now is to is to come to this, the planning commission and also go to the Board of Supervisors to get the the zoning approval.

So we can then move on to the site plan approval work our way down the process. Next slide during this several year, period. We have hosted many neighborhood. meetings, not only with the original General Plan Amendment, but also in working through with Eloy as well, we've hosted several neighborhood. Meetings in 2021-23. And then again in 2025 most recently for this rezoning applications and we've received a lot of support it for this project. Go to the next slide.

Here is the locational criteria in working with the city of Eloy. In 2021 22. 23 24. they identified as okay, this is an appropriate location because you meet all of our criteria on where we want to see this to go. We don't want it everywhere. but there is a certain location. We want it. And you meet our criteria next slide. Accordingly. We have letters of support. From the Eloy Fire district, who will be servicing.

We have a, the former mayor of Eloy and the current mayor of Eloy who support this site. So let's talk a little bit about the site plan, most of it will be solar arrays and then there will be a best facility. I don't want to go through best because I think we went through that last month so we know what it is. best facility. And, and why it is located where it is located. You'll note that along 11 mile, which is on the left side of that exhibit are the KV. Power lines.

And so that's where you locate the best facility. And then the solar array will then, or with the substation next to the best facility. And then solar array will then be around that that will that provide power and put into the grid. This is a very low profile type of use and we will have the 50 foot industrial buffer with with landscaping around the site. And so we will accomplish those objectives. Again. This is a contracted project which is different. This is We want to put a local.

Production. so it can be contracted with local providers so that those local providers can then provide electricity to local users. So, this is not something that speculative or or something that's going to go elsewhere. This is contracted project with as Kyle pointed out with E2 E3, 84 and Trico. Next slide. Oh, there we go, back one. Sorry. so, as far as the checklist of why is this the appropriate allocation, because that was a discussion we had last month.

Why is this the appropriate location? Well it's appropriate because in 2021 Canal County identified, this site is known as green energy production if we're gonna have it This is an appropriate location. We then take it took it to the next level and work with the city of a local eloy to say. Is this the appropriate location Eloy went through in 2023, their criteria. We met all of those criteria.

We worked with the Arizona Corporation Commission and just recently in March, received approval of the Certificate of Environmental Compatibility. So, when I say, it's not just one jurisdiction. It's Pinal County and Eloy in the Corporation Commission that we're all working together. We haven't been sitting on our our hands here. We've been working forward on this project and then access to. This is also close to the grid.

There's also a substation nearby, we'll have a substation and the power Power lines are directly on our west side next slide. You say, Why is this needed? At this time. Well, we've contracted with the local utility providers and the local utility providers is, as we all know that we've read in the newspapers with the hydroelectric power, that's going to be lost. There we are going to have a 27% in electricity by the year 2028.

And so, we have to provide or come up with a power generation to meet those needs. And that's why we've contract with Ed2 83, 84 and trico to provide that to Put back into the grid. What? We're going to be losing from the loss of hydroelectric power. And so we're working with the local people to accomplish that. If you notice I'm beating the drum. This is a local utility and we're going to be this YouTube. This electricity will be used here within the county. Next slide. How will it impact?

Local, neighbors. We've had many neighborhood meetings and we've worked with staff to and will work with staff during the site plans process to have appropriate buffers and walls and fences and and screening mechanisms around the site to buffer, the neighbors, and and buffer. Those that may drive by this site. Not only with screening but landscaping as well. And we will have herbicides and, and take care and maintain that landscaping. Next slide.

During the site planning process, we will also be submitting. a decommissioning plan. The reason we're doing that at site plan is because when we first started this staff asked US Air assets in the prep comments that said submitted to meet decommissioning plan with site plan. So that's why we're going to submit at that point. We'll work with the City of Eloy as well during that process. to make sure that they're comfortable. So in the end, we think this is a great project in the right location.

It complies with Canal, County's general plan. That was approved in 2021 identifying, this specific site as the appropriate location. We've worked with the City of Eloy to come up with criteria. For where they would like to see this type of a project go.

Then we met after the council adopted those criteria, then we met the criteria for this location and continued to work with the city of Eloy as evidenced by the letters of support by the district and and the former and current mayor of the city of Eloy. We've met all of the, the county code requirements and we'll continue as through the site planning process to develop this property consistent with a code and satisfy the requirements.

We think this is the Right project, right location and just carrying forward or implementing the plan that we've been working on for many, many years. So, we hope you'll let us keep moving on to the next step. After the board of supervisors and move on with a site plan so that we can start producing energy to put that back into the grid to supplement for the loss that we're going to be seeing out here because of the loss of hydroelectric power.

So with that, we urge your support and I'd be happy to answer any questions. And as I said, Kyle's here from next year, we have experts on fire or any other questions that you may have. Very good. Thank you, Sean. Thank you. Any. Questions for the Applicant. Commissioner Cluckart. Thank you. Yes, I have a question. The hydroelectric power that you're talking about that we're losing. Where is that coming from the Hoover and Parker Dams? Okay. Okay. Thank you. Any others on this side?

Mission on the Can you go back to the site plan to propose site plan? Yeah. Is that residence up there on Sunshine Boulevard? On the very north end Pretzer Road. Sorry, my eyes. That's that's very not north left side of that exhibit. Yeah. Right behind that that banner. That's a residential. There is a residence up there. Yes. And are they in support they we Kyle, Kyle met with them. So, didn't I didn't personally. Again, Kyle, were your next energy Resources chair club Commissioner Smith.

That's Mr. Longfellow up there. He recently submitted a letter of apposition. He had not shown up to any of our neighborhood meetings throughout the last four year process. But but after working with this commission we went out and saw them out directly and did speak with him. He had a couple concerns, he has three horses there, a handful horses on his property, His big concern was on the landscaping. I understand oleanders are toxic to horses and so we changed our landscaping plan.

There we also have the six foot cmu wall around his property. So what he'll see is a 50 foot buffer, 10 feet of which is the landscaping, they'll then be a wall and then everything will be inside of that wall beyond his property, okay? And then the two pieces that are in the middle. There Solar Array area below that Yes, why is that left out? So we've reached out to those landowners as well. The only one we were able to reach is a Mr.

Jonathan Cooper, we, this was years ago was not interested in selling this property. And then most recently, this last year, when our land team went out and spoke with them was interested in engaging either way and hasn't shown opposition or support for the project and he also noted that he has not seen anybody on the other parcel there we To reach out on what the available information was and have not gotten any response, but Mr. Mr.

Cooper did respond and just said, He didn't really want to engage with us. And then to the east above Ellis, Road, What about that property owner? It's Mr. Daniels shed. I believe up there, similarly, he had concerns. He has horses there. And so, we also changed our landscaping. He did attend the neighborhood meeting.

I believe, was in December, the most recent neighborhood meeting here and we have not received any more letter of support or opposition from him, but did taken as consideration and changed our plan there for our landscaping. Okay. Okay, thanks. Mr. Pranzo. I got a simple one. I just can't find it. What you expected, kilowatt output. Thank you for the question. Share Club, Mr. Pronzo. It's 400 megawatts of solar and 400 megawatts of four hour battery.

but when we talk about a 27% reduction, With the loss of. Hydroelectric. But what percentage would you place yours in that 20? See I always get percent numbers but they never give me the denominator so I'd never know what the hell I'm talking about what I can say. And I'm certainly not an expert on the hydroelectric here. What I can say, I believe the Hoover Dam produces 21, megawatts of power and they're losing 27% round up there and say 600 megawatts. So we don't even this one project.

Is not even replaced. Just the loss of Hoover Dam, let alone the other as well. So there's more work to be just a small piece. It's a portion of no county came out and said We need to grow by 13%. And we're going to lose 27%. I don't know if that 27 is in the 13 or not, but it doesn't make sense that it is. so, I trying to get your arms around. This stuff is impossible from our perspective because nobody talks numbers. But I appreciate it. Would you say that kilowatt one more time?

It's 400 megawatts of solar and 400 megawatts of four hour battery. That's right. That's size set. It is Thank you. Mr. Scott Thank you. Should I go to lunch? Yeah. Like, close your eyes for a minute there. You talked about donation and sponsorship and different things in the community there in Eloy that you helped out, Well well, that continue for the next 25 years. Is that what the length is for this project? I like Kyle speak but I would, I would guess. Yes, they're already here.

Yeah, again German cloak, Mr. Scott, thanks for the question. Yes, the sponsorship that we've done are part of our in early engagement with the community and just like the projects that we have operational already in the county of Bunnell. We continue those throughout the time to be clear. This is a 20 year contract. Not 25 just want to make that that point clear here.

And then the, the new Era local program portion of this, that I'm sure there are folks from Mapco can talk about is a workforce development, job creation type initiative from the new era federal grant funding, that's associated with this project. So there are requirements, yet long term associated with the Agreement, so can you explain that a little bit more in detail, the new era, would you say, I would creations and all that kind of stuff?

If it's okay with you, I would defer that to our folks, our friends at Apco, to speak to. They're the ones that are that, get the grant and might have more information. I, you know, I'm kind of got A little heart burned on the 50 foot industrial buffer. I mean, that that's a real rule area. People are used to seeing things off the road and haven't, you know, 50 feet really in that long. Probably the width of this room. Can you get that up to like 200 feet?

You know, remove that off the, the side of you. I travel down in that area quite a bit. I'm really familiar with all the roads. What goes on down there? Again, Chair Club. Commissioner Scott. The 50 foot I believe is the Pinal County code right there for a setback. My mom called Minimize. Are you guys Minimum? And I'm a organization. What we are is ensuring that we can comply and provide the power needed any? No, I just start back reduces what's possible to be built in that area.

And so what we've incorporated are the the landscaping buffer which is really supposed to be that visual buffer, there understanding that, the the landscape plan and the the vegetation in there is taller than the infrastructure. And so what really, what would be seen once they've grown is that that landscape there? What and what type of a fence is going to be around the panels and the best and stuff.

Where there is residential adjacent, it is a cmu wall where there is not residential adjacent, it is a chain link fence with the vegetation. Of course, on the the outside of that. And then around the best is a CME wall as well. So the chain link fence, is it going to have coils of razor wire on the top? Like, welcome to the neighborhood, kind of stuff. I cheer club, Mr. Scott, I don't believe that's part of it. I think there's there's codes.

Certainly Eloy has a code on what their chain link fences and because this is a JSON to ELOY, we we plan to just keep those the same design standards across. So be in accordance with what Eloy has dictated. So a lot of the conversation that was just given by Mr. Lake. There was like active communication with the City of Eloy, but everything stops. you said through 2023. Is there anything? That's I appreciate you. Bring up. Let me clarify. Okay.

So we started in 2020 2021 with Pinal County to identify a site. That would be appropriate for this. And we did a major general planet General Plan amendment to what to change. The general plan on this property, To green energy. Then between 2021 and 2023. We worked with the city of Eloy to come up with what they wanted to. They it was coming, they wanted to. So they said okay if it's coming we want to develop some locational criteria for Eloy.

and so, in working with eloid, during that period up to 2023 and in 2023 the city council adopted their locational criteria. We have not stopped talking or working with Eloy as evidence by the letter of support that just came in from the current mayor, the current mayor, the neighborhood meeting was held at the city of Illinois Chambers or there was a room just off of the chambers that we held the neighborhood meeting there.

And so we've been working with City of Eloy constantly throughout the whole process since 2023 to now. Okay, I thought maybe got what you needed there and you just went silent. Okay, assume the best. No, I am. I just bring stuff up there. That's true. Don't use that word. Another thing is kind of interesting that all solar. Actually, all industries that come to our county. They kind of want to brag on a little bit is property tax.

I didn't see it in your proposal and I didn't hear it in your presentation. So I was just curious. We're a little gunshot on that one. To be honest with you, there is there will be property tax associated with this, But I think in the past, as people have brought it up, they gotten their hand slap for even raising it.

So we didn't But obviously, this will have a substantial improvement on the property and there will be property tax associated with this project and the beneficiaries of that of that property tax, I think is primarily the school district. so, this will be a benefit in a county building, you know, it assume that maybe some of it would There will be development fees as well that will come.

I mean there's a lot of things associated with this development that will generate fees for the benefit of the whole community as well. That the visual will be received that that's for sure. The property tax will be paid. Yes, you're not going to skate out of that one, but the property tax for the most part, I would say past experience, of course, I live in Coolidge, everybody knows that now. You know, it's less than five percent.

So we talked about big numbers, millions and millions and millions of dollars. And it just doesn't resonate back to where it starts. That's how your fault. you know, it's our state, maybe you should get with our state and make sure we get like 50% or something like that. I, I'm not sure those of us that that live in Pinal County would want to raise property taxes, that high because I don't think they can just select one use.

And say you're at 50% and you're at X, you know I'm saying that the property tax comes back back? Oh I follow you. Yeah. Now okay you absolutely agree with you see the property tax you can agree on go back to should go back to the area. That's impacted. Absolutely, 100% agree with you. Peterson on my way out of Brooklyn. If you want it excuse me. I have a bridge in Brooklyn if you want, I said I'd call Warren. I didn't say he'd agree to do it. All right.

So we know you're gonna pay a lot of property taxes, just not going to come back here. And the large amount of property tax, it's going to be paid is going to be for 10 years according to stat state statute and then Year 11 it's going to go back to the base property value plus 10% according to the Sorry, according to the, Who doesn't taxes here? I forgot had too much for lunch. Anyway, I talked to the city official last year on that or the county official my mistake.

So we know what that is so they'll be good money. provided for the first 10 years, and it's going to go back, but You know, this a farm area obviously. The farm pays that that base tax but then there's reoccurring income, that comes off there for wages and tractors, purchased and nuts, and bolts and auto parts and groceries and things like that.

And that's one of the things that's kind of a in Pinal County, you know, we're not a richer county by any stretch of the imagination offense, county leaders.

But we're losing reoccurring income, you know, to our county, to the city of Eloy and to our county by by putting these type of you don't get any jobs, full-time jobs, you said in your, your a document that you provided us that, you know, would be four or five permanent jobs, I'd like to know where those might be and you know, how permanent are they? Are They like 40 hour a week jobs and things like that? So, You're providing electricity to us. To these eds, which is really important.

You're probably honestly, one of the first Ones that the electricity is going to stay local. So you know, pass yourself on the back on that one because thank you. So I'm, I'm fair. I'm a fair man. You know, and and that's really important that that stays local. And, and we do get the benefits, you know, we're not getting the revenue benefits. Obviously, but we'll we'll have electricity, you know, for the future that that is going to stay a hundred percent in this county, correct?

I can't control them molecule but that we will be selling this to 82 8384 and Trico. Okay. Well, try there, Hema. Yeah but there they're here and can speak to the close enough that as well. I don't agree. Remember what page was I read? Always like to read everything, you know. All the flow. About the temperature. Official that did the study. and and when we do studies, it's important that we do the study ahead of time, a year ahead of time. And you're, you're a person that did the study.

Did it after the panels were installed and only noticed it two or three degree? Increase. but we know from people that live around there, it's actually seven to ten degrees at ground level and 15 degrees at a thousand feet. We know that Now, if you go around, And you're right in the middle of a farm area, and I'm sure Mr. Shed here to the east of this one. Parcel. When you have, Artificially. Increase in temperature or climate. It affects has a direct effect on the pollination of plants cotton.

Corn. And things like that, hey, you know, plants need to rest at night, they pollinate at night. And when you introduce the 7 to 10 degrees at ground level that affects that, we now we saw that in the year 2024. We didn't see it last year because the one that's hot but when the the heat is elevated and elevated consistently because introduction of, you know, such a large area, it has an economic effect on all the neighbors That are out there now.

Last year, there's a farmer, not on this project in the county that grew silage corn and corn has to pollinate. And the corn that was next to the panels. Didn't get very tall and the ears were Like that. and then the further you went away from it, then it kind of recovered but it's just it's just a fact. That you're introducing something that's going to be changing the climate now in this, to the west of this facility, there's another solar for facility that been approved.

And so together, you're just going to magnify that. and a lot of people, Don't know that because they're not in and around it. But but I am in and around it and I know this to be true. So you're gonna change the climate in this area. Now, when you change the climate and you create a high more temperature, you get high pressure, you get more high pressure, you get more wind and you get more wind, you get more dust, you know?

I'm going here with the But, but this, this proposal in its size 1200 acres, or a thousand acres or whatever the net panels is going to To do that. Are you aware of that? What, I'm not sure. I agree. With with everything you're saying, but I'm trying to because the studies that I've read and we've looked at, in Kyle can speak more to that as well. Are saying something different. But I don't want to be argumentative. No, I'm not trying to be that. I'm saying I live here. I appreciate that.

I'm just reading studies that have been right on on temperatures before and after and and in and around in a certain distances, the ones I'm reading are not saying with the what you're saying but I don't want to be argumentative. No, I'm not trying to be that way. Okay, I'm just saying that the person that that came up here maybe a year ago stated how he did it. And I question him everything was done after It was built not before. So keep that in mind there. So many questions.

I don't know where to start. Somebody else like to ask some questions. I want to take all the oxygen out the room. Who. Why his chair? Why? You know, I just picked something out. Here is like water quality analysis is like, four point two. OH page was 11. Said Pb solar arrays over a large grass. Open areas, will provide water quality treatment, via long grass. Over land flow pass filtration absorption deposit of filtration.

I I would assume that that's just a general statement for other projects that you have because we know we don't have any tall grass or around here. Just native seed. Okay, that's very users. Put that in there to see if anybody is reading this stuff. Yeah. Those are called Easter eggs. And good. Point. Okay. Commissioner Snap. He already asked about these properties are kind of like pockets. They've got solar on all three. Sides of them and you said you went and visited with those people.

Yes sir. Okay. and then you had 30 people show up at your neighborhood meeting at least one that you posted, then you had other ones. Okay. I think all take a break. Thank you. Okay. Mr. Krueger Just a real simple question, I was looking through all of the stipulations I didn't see anything mentioned about lighting. with that new. The bes area, is there anything particularly you're going to do to light that or illuminate, that or doesn't that normally get lit up?

All right, for safety security type thing. Chair Club. Commissioner Cluckart. We it's not a safety requirement to have lights on that area if there is light. we put on there, Of course, we would abide by the layer requirements from the county but it's it's not something that's in the plan right now. Will you add that later? Just to have it in the plan as far as anything called out. It's not something that I've seen in our other projects here.

If it was something that was requested, of course we can, we're gonna address it. It's not something that I've thought about at this point. Okay. Any other questions for the African on this side? I had one. Just to straighten something out my mind. My on, can you hear me? Your batteries are discharging during peak hours. I would assume. The site is where we own an operate, the site. How are we get? What's called set point from our customer.

And so at those times, it's when the customer needs the power that the batteries are discharged that most commonly happens at peak load which is after the sun goes down, that's correct, but it does not exclusively have to happen at that point on. Okay. Once or twice. Now we've had these projects that we call a bus, or it's just a bank of batteries that charge at night. From the power company. And then they discharge During peak hours.

so, looking at solar Kind of seems ass backwards said the power company. Their curve is going to dip at night. And peak during the day and your curve is going to dip at night and peek during the day. So you kind of redundant in that way. Do you? Keep a bank of batteries that can charge from the power company during off-peak. That's where I'm going. Okay. I think and understand the question again.

Check Global Commissioner Pranzo, The benefits of the solar and storage project is such that we do have the ability to charge from the grid. That is true. We can charge from the grid or from the solar panels. That's how the interconnection application with Wapa works. The benefit of charging from solar. Is that commonly solar is one of the most inexpensive forms of energy generation to charge from. Yeah, I don't disagree.

It's just seems that It's easier on the power company if they don't have to cycle their equipment. If they can stay up. And charge you at night. Then if that's what's best for our ultimate customer. And that's the set point. they give us. And that's, that's how we would operate. We take the set point dictation from the the ultimate user of the power, okay? So you're not just near dormant Got it. Thank you. Oyster. Yeah, a few questions. I'm not sure who will answer, who, which ones?

But you had 30 members show up at the last meeting and now it's probably Don't remember, but were there a lot for against was it? What was the mix? Yeah, thanks for the Question and Chair Club. Vice chair. Moody the vast majority of the folks were from the City of Eloy, the Pinal County leadership, as well as ebco in the electrical districts. We had one family present. That was they live. I believe it's just a bit to the east of the project, the syllabus family.

There weren't opposed to the project, they had some questions and at the end of it, they offered to leave some other property as a lay down yard. Should we need it? All right, thank you for that stipulation 16. Buffer requirements and wildlife Friendly fencing. Should be incorporated, where required into the final site. Also, you talk about chain link fence, and CMU block wall. So I don't find either of those wildlife friendly.

so I, I guess maybe it's for staff as to how how that is supposed to play and if it's supposed to be wildlife, friendly those aren't wildlife's not gonna pass through a CME wall or really a chain link fence. So is is 16 needed? Or does something else need to change? I just am trying to get some clarification with that. Sounds like the chain link fence. that isn't what I had in mind, but anyway, Thanks. Jerk. Commissioner we that's a staff condition.

We can simply work with staff on, the type of wildlife friendly fencing. We want to have here, well, That's what excited to understand is it is that's what a stipulation that we are including in our recommendation. If we were to move forward with it, and I just need to understand that stipulation. It's not making sense to me how it's wildlife friendly. And I don't know. So we we can work with staff read site planning on that.

But exactly at the cyclone level, usually when the Open Space, Entrails Division gives us details of what the findings are if there are any existing connecting. wildlife, corridors that come across this area, is really large. It also about the side cactus flower solar So at this point, I'm unable to answer 100% but if required they would be wildlife friendly. And that's just for buffer walls and not necessarily the walls that are surrounding like best and things like that. Correct.

That's correct. Okay. All right. Thank you for that. And then My last two questions. Stipulation 19, and then 20, so with industrial buffers. And go on my little high horse here again. If the zoning code had been in place, we would have different requirements. I'm sure. I am frustrated with and it's nothing against the applicant. Okay? It's not thing against the future applicant. That's got another case. We don't have anything. So to throw it into Three, that is the same as so many other.

you know it can we have adult orientated? Businesses airport, or landing strip guests and flammable bulk station. Solar or others into the same setback requirements. Gives me severe heartburn again. So it's on record. We should have A zoning code for this and it's, it just has been going on for a long time and we don't And industrial buffer should be required. Where the subject site abuts property zone rural or residential or arterial or collector streets?

And, and that just Doesn't seem to meet. I know we've had other properties in the pet or other solar and Green energy. Meet those requirements. and then some 100 feet, 200 feet is as Commissioner Scott had mentioned an additional and I know people's eyes bug out of their head when we ask for that. But Again, this is rural. Kind of in the middle of nowhere. but still, there are people that live there and so I'm just really it's not really question on that.

It's just frustration listing And then with the decommissioning plan, I've been fighting for that since I first set on this. diet is up here sad that it isn't coming before us because that is what I had requested. So, I hope there are a lot of details in there. I, I appreciate the four bullet points that are here personally, I'd like to have seen some of them. but I just hope that they're a little bit more detailed when it comes to that great point.

Yeah, thanks again for question on the the decommissioning one of the reasons. why it wasn't here. Is that Eloy does have pretty strict requirements for their decommissioning plan and we had that meeting with them just last week and so we're developing it as we speak happy to provide it once it's done and while it is a requirement for the site plan, we anticipate having it before Board of supervisors and, and understand that. That's something that you'd like to see you. Happy provided.

It's just Wanted to make sure we can combine with the Eloy One, and we just had that meeting recently. Okay I appreciate that. Thank you. That's all I have. Thank you. Any other comments to the applicant? Tommy good. I just had. A couple things. The first one kind of John, the first one's kind of more of a statement. We're gonna beat up that little piece of land right in the middle.

I understand doing everything you can and it is what it is, as a as someone that is giving approval, you know, potentially giving approval for everything around it. That little island. there looks like there's five, I think there's five landowners or five parcels that are in that little, in that little spot. It just becomes very problematic down the road for that person. from a resale standpoint.

whether you're fan of solar or not a fan of solar, you really don't want it on all four sides of your property. And you probably don't want to buy a property that has it on all four sides. So it really Those kind of little pockets and the three-sided one down to the south.

Those always give me heartburn, just because I know that in four or five years, it's probably going to be a landsail because they don't want to be there and, and you guys are, you know, in theory, be able to pick it up for pennies on the dollar and hoping that wasn't the plan all along but it's, you know, stranger things have happened, we'll say So I would I would hope that you would continue to keep reaching out to to these people and and, you know before it it becomes a an issue where they're gonna regret their decisions down the road.

Should this should this move forward. um, My second one is a question that we hear on a regular basis. contradicts something you said and and I think even next hour, has been here before and talked about, you know, we produce the power and it goes out into the grid and it goes it's like a Someone turns a faucet on and we can't control where the Where the electrons go? Yet, then we hear. No, wait a minute, it's going to go to Ed283, you know, and so on and so forth.

And why is this able to this project able to be controlled in that manner versus 99% of the other ones that we've heard or not. Thanks for the trust. The Question Share Club. One of the main differences of this project. And those that you heard this interconnects into the Wapa substation. So a lot of what determines and let me be clear.

Once the electron is created from either the solar destruction, the battery, we can't track that one, and regardless, there's no possibility doing doing that this interconnection the Wapa 85 substation and there's only so many off takers or ultimate users where that power ends up going to some of the other discussions that, hey, it goes and you can't track it at all. Those are going on other systems. And really the electrons flow like water to where the, where there is the demand.

So the power that we're selling is to Arizona electric Power cooperative, it's then subscribed out to other users that are on the Watha network. So can I say that the electron that's generated at noon on a Wednesday is gonna go specifically to Ed2. Certainly can't say that but the power that's generated is sold to appco and they're managing and balancing their and all the easier balancing their systems with the available generation capacity resources.

and that great answer and and I thank you for that and but just be prepared, both of you. And next time you come up here, I'm going to use that against you. So, Great. So alright, that's why I thank you guys. Any other questions comments for the applicant? Very good with that. Thanks John. I will. Did you guys have anybody else? You need to speak? Okay. with that, I'm gonna open up to The public, this is the public. Discussion Portion of p-z-009-26 and P Z pd. That's 009-26.

I have several speaker cards for this. And the first one on my stack, I always butcher your name, one of these days I'll get it right but Okay. just say, Hey you, hey you that's why I looked at I knew I was talking about Chairman Khloe vice chair, Mooney members of the Commission's to Pan Dalazada Arizona Technology Council 2800, North Central, Avenue Suite 1530 in Phoenix in support speaking in support of this project. What Mr.

Lake said really stood out to me right now that Pinal County Is going to be losing energy at a time when it needs energy. Now going to Commissioner, Pronto's Point, you know, one project isn't gonna solve the energy needs of this growing county. but as I always say whether I'm before the ACC Maricopa County planning and Zoning Commission board, the supervisors, It's all part of the mosaic and what we're doing here by approving. This project is adding a puzzle piece to this mosaic.

so, you know, I when I drive here every time, I feel like every time I come to Penalt County, I feel like a new development is opened or new housing, Subdivision, etc. And I just, I'm amazed by the growth that we're seeing So at this point, we cannot be saying no to forms of energy. It's not good policy. We need to have energy in all its forms and all of the above approach, And approving. This project is consistent with that all of the above approach. Now.

Nextera has as you've seen is a very, very proactive company. They not only did the standard postings that they have to do in the community meetings, etc. But they have tried to reach out to neighbors. They have led a neighbor know. Hey, we're coming in. And that neighbor said, You know, unfortunately, I'm not a fan of this. But this is the type of company you want to see in your community one. That is responsive one, that is proactive.

And one that really cares about the project that they are building and that's what you will get with Nextera. So with that, once again, thank you all very much, thank you for taking my comments and I hope you will be supportive of the reasoning proposals that are before you today. Thank you. Thank you. Next one I have is Jordy Fuentes. Good afternoon. Chairman Club, Vice Chairman, Mooney and Commissioners. My name is Jordy Fuentes.

I am the executive director of the Arizona Power Authority, It's quite a name. You probably wondering. What the heck is that? It is actually a state agency, it was created in the 40s to and it was created primarily for one purpose and that is to receive Arizona's allocation of Hoover hydropower, So, there's some questions earlier today about which, what what's the Hydra power that's missing? There was some questions over here by Commissioner Pranzo about numbers and missing denominators.

We can talk for hours about denominators and enumerators and the problems that we're facing on the Colorado River. But I will tell you the reason we are, we are a part of this project. We are an off-taker through the Arizona, Electric Power cooperative, who will hear from in just a moment. Who is ultimately the taker of the power from? Nextera, the developer who we just heard from?

We are one of the, the entities that that is going to be receiving the power through us directly is electric number two, unfortunately, Logan the CEO was here earlier but he has had a board meeting at one and had to leave. So he left you a letter of support.

But this power, well, let me let me just state this I think it was stated earlier and this is maybe most appropriate is the over the green overlay has been developed by the county where that went through a public process and said If you're going to do this, do it there. This this request is really a conforming measure to make sure that the zoning matches. The, the zoning overlay that was created by the county.

but if you still feel like you need to scrutinize this, I still believe there's really compelling reasons why Were state agency. We receive that hydropower the hydropower. Let me give you some some quick numbers here. Nameplate capacity on that is about 2100 megawatts. Currently, we're in the 13. 60, 70 range? With the, the threat that because of the because of hydrology.

And because of issues at Hoover Dam, and with the with the turbines themselves, By next year, we may be see we may be down as low as about 370 megawatts of capacity. That is a major, major problem. This. Let me give you one more number, the historical average for megawatt hours. So there's capacity, which is megawatts. And then there's energy which is megawatt hours. This is technical stuff, but I'll, I'll leave it at that.

The historical average about 4.8 million megawatt hours that comes out of Hoover Dam. This year, we're on target to receive about 2.6 million. significantly less than than historical Arizona's portion is 20% of that so roughly about, oh, sorry about that. roughly about 30% or about 500, 500,000 megawatt hours comes to Arizona much of which goes to Pinal County. So this project is a local project.

it's meant for its developed here, it was developed with with appco knowing that this was Pinal County Had need their electric districts. Who are our customers had needs. And we were helping facilitate that with our participation. I will, I will leave it with that. There's a lot more people, a lot of additional people who can speak, but I will say this, it's sort of a takeoff of what was said already and this is a great project in a great location. For a bunch of great people.

And with that, I would I would seek your approval. Thank you. Next up, Robin Davis. Before you start to talk, this is what you guys do to me. I come with prepared statement and it's just all scratched out. My name is Robin Davis, and I live in Hidden Valley. I'm not a CEO. I'm not a slick as the attorneys. I don't have all that fancy speak. But I'm a resident. I'm a person who lives in these neighborhoods or collaborates and helps other people who live in these neighborhoods.

So I'm here today to oppose the rezonian request, For many energy projects. Combined with the other energy project reasoning requests from the past and the ones that are coming through the process, we are losing Pinal County. I don't care if this was done in 2021, the requests are Overdone. There's so many that it's out of control. There are hundreds of thousands of acres that are being systematically destroys by those that don't even live in our county.

So, if you've noticed the people speaking in support of all these projects, we're talking for the past several years, Don't even live in these neighborhoods, so they're coming from Phoenix. And trying to tell us how we should live. So time after time these types of projects are proved to move forward to the dismay, and the anger of the people, you guys are supposed to represent. And when 200 people show up at a board of supervisors, meeting against something that should say something.

So this all kind of stops someplace the beauty and the pristine deserts of Pinal County are being just destroyed these green energy projects as a whole, do not belong in our county, Arizona has some of the most beautiful and unique land in America. And it's being destroyed. These projects tend to pollute the land by putting toxic chemicals into the soil, dumping toxic wasted to water into rivers, and waterways and creating unwanted light and noise, pollution that destroy the lives of the people.

And the wildlife that live around that area. I'm done listening to the right. Of the landowner. Especially when the rights of the current landowners. Are being ignored. these rights are being trampled on, and really listened to See, I'm getting lost here, because I've had to reorder. Everything. It's time to put a pause on these projects until we get some codes, and guardrails for them.

It's time to say no to these projects because we're losing the beauty of Pinal County to out of control green projects, we need to do something Before. We allow all these projects to go forward. We need to have some guardrails on them so we don't destroy. like, Commissioner Club said, or Chairman Club said about the one person in the middle and he's going to be forced to move out and that's what's happening to us, all and West.

Benall, it does not take a social media wizard to see what is happening all across America Data. Center Solar fields battery energy storage at all, are being pushed back on by thousands of communities, with some outright putting bands on them. Stipulations aren't any good over the years. I've seen all kinds of these projects have stipulations added to them and who's enforcing them.

So I urge the denial of recommendation until our loads, cut our laws codes and ordinances can catch up to the onslaught of these requests. And that's coming just a resident. Thank you, Robin. Next up, Brian Jurgis. That's a tough one to follow, but I love Robin's passion. I see her at public meetings all the time. We're not always on the same side, but we're always transparenting honest with each other. What we're talking about. I have a little flag here. It says, I support panel solar.

We don't call it Eloy Valley. Three Solar. We call it Canal Solar. I had the opportunity to attend the upco annual meeting in May. Which Ed3 is a member of. So we are a member of Ebco and so I'm not only representing Epco but I'm representing Electrical District number three. Who's an off-taker of this project? But also I am the board president of Southwest Public Power Agency which is a group of small public power utilities across the state of Arizona.

So this project was developed specifically for Epco and its membership. 83 directly is benefiting from this project we have subscribed to this back in 2025. Prior to that we were working with Epco in our partners to develop this project. starting a couple years ago. So this has been part of our energy plan for a number of years. I'm here to tell you, yes, it is part of our plan rely energy, reliability plan. To replace federal hydro power. That is declining.

Fortunately, we're in a better position than some utilities, but we currently get seven percent of our power from federal hydro power. Okay. And so this project here is helping replace that, but in addition, it's helping meet peak demand by adding capacity, during critical hours with the battery energy storage system. And so this project truly is for Pinal County. 83 is a major off-taker of this and we included it not only in our energy plan but we recently went through a bond rating.

Some of you know there's county has bond ratings, other entities have bond ratings. We had a major bond rating upgrade. We went from a plus to double A minus If you know anything about public power, it's really hard right now to get a rating upgrade because of all the stresses on the electrical grid and demand, but we were fortunate to get a bond rating upgrade because of our customer base. Because of how we've handled finances.

But because we were able to answer the question of What are you going to do? If the hydro goes away? And we could say This is our plan. We've already subscribed to these projects. We're developing these projects. We are using these projects to backstop. And so if the hydro is great is available great. If it's not, we're doing projects like this, to fill the gap and also meet our needs. So thank you. I did want to answer the question. Yes, you might not be able to know where the electron goes.

But how this works. Is everything is metered. And you have a metering point and you know how much goes on to the electric system, right? The transmission system. with that. Everything has a tag or an electronic tag that ties back to schedules that are set and so each utility has a day ahead schedule and knows what resources are scheduled to meet its load and so in a way it's all done electronically through financial mechanisms and metering.

But yes, you can't say the electron goes here, here it goes on the system but it's done through metering. Software and financial products. so, Happy to answer any questions, but sure. I appreciate some of that clarity on that and, and I understand that, you know, just goes in but if you Is there going to be like checks and bounds is that say? This much was produced today. And so that there's like some sort of checks and balances, you know?

I mean not that every little piece needs to stay but it sounds like it's all staying with Ed three, two, three, No. We're part of of the portfolio. We're, it's a we, we partner and and projects that are bigger for economies of scale. So if you think about and this is a valid question, is it better to develop one 400 megawatt project? Or would it be better for the county to take that and divide divide it out and and do eight different projects and eight different locations?

Or trying to do is find a project that meets the criteria meets. The local needs we can benefit from economies of scale and we can all take a piece of it. 83 is committed to a hundred percent of the power from that project. for the next 20 years. It's for our customers. Ultimately the energy that comes from that it ends up being settled on an hourly basis, on a daily basis and a monthly basis and then guess what? There's a bill because you have to pay for the power.

And so, yes, everything gets looked at on an hourly basis, a daily basis and a monthly basis and there's a whole reconciliate reconciliation process that occurs, their balance in authority, with next era and and we get a bill. So everything is tracked. Yes, And so I was just like it's track that it's staying in this area and not going to Maricopa County, California, New Mexico. That that was where I was going to check. Yes, it's a hundred percent.

Subscribe To epco and its membership and its public power partners. And so this is a project that is for the benefit of the state of Arizona, a major portion of it is for Pinal County. and I would just say, You know, that why they the developers like to say, Oh, we don't know where it's going to go. It's because They don't have an off-taker yet. They don't know where it's gonna go because they don't have an off-taker. taker, there's trying to get it approved. Here, this is different.

We have a project. Where there's off-taker agreements, all have been signed. It's been a partnership that's been working on for several years and where the more to the point where we want to execute and build it so that we have the power available for summer 2028. and so, I can tell you 100% certain it is for the benefit of the state of Arizona and specifically a big portion of it is for Pinal County. Thank you. Yes, Mr. Brunswick. I'm sorry I didn't get your name.

Brian, your guess I'm the general manager of Ed3. So your last name again. Okay I'll do it. Like my mom does please. Your guest is as good as mine. So your guess, Brian, your guess. All right, I got one person to laugh yet. Yeah. help help. When I went to have you in front of me and you seem to be plugged into a lot of what goes on? In power. At least in this scale with this these techniques as an interim step.

What kind of conversations do you have to finally consolidate and produce power at a much larger scale? To serve the state of Arizona. Particularly Pinal County. Is there any whispers? Well, I I, for a fair answer is for 83 prior to 2025, we had no solar in our portfolio, right? Okay. So starting in 2025, was the first time we had solar in our portfolio. And we're adding adding this project as well. part of it is looking at your load profile.

We do not have the demand at 2 am that we do at five pm. I have heartburn with that. So we'll just let that go on, okay? But I think the way What I'm looking for is, is there whispers about finally, consolidating the needs of the state of state of Arizona to where we're looking at a nuclear power plant or something of that nature where We don't have to cover up. All our farm fields with solar. Yes.

So for any three we would have to partner with other entities to do that because we're not big enough to to build multiple billion dollars whispering. Yeah, if you look in the news, it's in the news. That's our P. A pstp. They're looking at it. Okay, and that's a large scale nuclear. Other people are looking at small-scale nuclear but that's something that is not a solution for today in the 2020s. No.

like that is a solution for tomorrow and so, 83 believes in an all of the above power approach so we should be looking at multiple technologies, multiple resources just like if you have a 401k or or funds, you invest in the stock market, I hope you all don't put it in one stock like Google or Apple.

I hope you spread it around and so that's our perspective, as well as we want diversity and resources to mitigate risk and do it as far away in German for now, clearly just remind the commission to please keep the questions directed to the, the direct matter, that's in front of the Commission. Thank you. I got none of that. They stay on task. Huh? Stay on tasks. So I'm trying. Oh, lest there's any others. I see that as tasks. So we'll debate that later. Happy to talk to you afterwards, too.

If you want to. Yeah, no, I'm just curious, you know. You see all this development with Solar and I have nothing against it. It's free energy. Quality. It's just sooner or later we got to wake up to the point where hey, we really do have to build something. Yeah, and part of that is future gas pipelines to the state of Arizona that need to be built obviously. Yeah we don't have gas yesterday. So there there's a lot of things that are getting looked at and being worked on right mcstuff.

Happy happy you and I will part ways now. All right. Logan Garnett. He left. Yeah, he's in favor. He's actually, he's with 82 just for the record. Patrick Ledger. Afternoon, Mr. Chairman and Commissioners. So I represent Arizona Electric Power Cooperative on the CEO. I've been there for 25 years. I think it might be helpful.

to give you a little background and what we do and why we formed we formed back in the 60s and the reason we did as a nonprofit cooperative, is that the larger utilities were just sort of Ignoring, ranchers and farmers. That's really what it was. So Members like Trico got together with other co-ops. And they figured out a way to create a wholesale provider, that would build power and transmission and provide energy services for all of the retail co-op operations.

So, our objective is not to make money. It's to serve rural communities. That is our objective. And we do it. Our mantra is affordable and reliable. So, let me talk about affordable. I think the couple of of the CEOs who A large project like this provides scale that substantially brings down the cost for everybody. so by getting a lot of small entities together under our association, We're able to do things that none of those utilities could do on their own.

And so we engage in a process, it takes us years. And Jordy, both Jordy and Brian talked about this, we've been preparing this project. And the way you prepare for it, it's not just the practical stuff that our contractors doing. It's all of the work that goes into getting everybody on board with very different perspectives. Very different kind of, local needs, and finding common ground. And figuring what figuring out a way to go forward with a project. This is a very special project.

It not only provides that offset to the impacts of lower hydro. but it's, it's an extraordinary project because we have gotten You know, a number of different entities with very disparate needs together on a project that I think will serve them very, very well at a very affordable price. remember that the rural co-ops and the rural public power entity, serve places that the big utilities didn't want to serve, why? Because they're lower income. Okay. That's why affordability matters to us.

We've got to keep that price low and this project is one of the best in the Western United States for doing that. It's a combination of all these folks coming together. It's an excellent location. It's the ability for us to leverage our relationship with Wapa sorry. and that is really important as well because those those transmission lines actually are fundamental to providing both the hydropower. But also all of the power needs that that we supply to all of our members. By the way, we are not.

We're not pro solar, we're not pro nuclear, we're all of the above as well. I'm just curious as to I understand Mobile is gonna go. I understand, let me just say very quickly, if I may Mr. Chairman. We are developing natural gas. We're developing natural, gas resources, new pipeline resources, at the same time, we're developing New solar battery resources. These are what are available to us today. And because we are much smaller than an APS.

We can't take down a big nuclear facility, but we can create a portfolio of lower cost resources that are very flexible that when you add them together you have something that's very affordable and very reliable and that's where we're going with this, okay? We're not pursuing this for any other reason. than to ensure that public power in this state and in this county have affordable, reliable resources, This is a perfect resource for that. Thank you. Thank you that. I'm a question. Yes.

What organization were? You were? Are you with sorry? Yeah, it's Arizona, Electric Power Cooperative, abco. So we're the off taker. We've been around since 1961. We're about. Where the biggest? small utility in the state, right? No, I don't really hear about it's because we're the wholesale side of the equation, but we have plants we have a plant called Apache Station, and Cochise County. We're developing a new plant in Mojave County. And again, all and we have another large solar that.

We that we operate. All of these resources are for our rural, Co-ops and our rural public power folks like the EDS in Pinal County. So will you be receiving power from that new Power plant, The gas generated, one that just got approved last month, west of Red Rock. I can't remember the name right now. No. Is there. They're supplying power to the EDS too. And Teep. They may be no they are they so they have a portfolio of different resources. Okay.

I was just like all of their needs but it supplies some of it. Okay. Good. Thank you, God. Thank you. Thank you. And the last speaker card, I have is Christina Dugan. Well, you wrote Christina. I know he was Tina so you wanted it more formal. You know sometimes you want to make sure you get it right, good afternoon.

My name is Tina Dugan, but I do put my formal name on there and this for those of you that know, me and have heard me, speak before I am generally opposed to most every solar project that ever comes before us. Um, I'll always have concerns about converting the open desert to industrial use the impacts on wildlife, battery storage and what happens to these facilities, from now But I also am a person that believes every project deserves to be evaluated on its own merits.

and this proposals different and for the reason I'm willing to support it with with conditions, And and the biggest reason is for, every time I have stood up in front of you and opposed other projects, there was absolutely zero guarantee that that power is coming back to Pinal County. I believe that this project will come back to Pinal County and to me, that is one of the most important things is the wife of a farmer. And someone who's very actively involved in watching, what goes on?

I've watched all the promises before I watched the approvals of gas plants and everything where they said we're in talks with. And I know, darn good and well none of that powers come into Anal County. So, as I said, my support is not unconditional. And we have to think beyond today. The decommissioning is very important to me. what's going to happen to that land.

And what's going to bring that land, back to where it is, now, I have concerns for those people that own the property there is a real estate agent. I heard earlier on the Verizon Tower that that doesn't affect the value. Yeah, it does because I sell those houses to people that go. Yeah, I'm not paying for a house to be next to that and it's the same. With solar panels or any other kind of utility. Obviously, we need to verify the benefits.

Presented today, are the benefits that are ultimately delivered. I do believe that this is coming back to Pinal County and that is the reason for my conditional support today. I appreciate all the questions that have been answered and for these reasons I support the request with conditions. Thank you. thanks, you That's all the speaker cards that I had. For this case, is there anybody else that would like to speak?

Saying, none, I'm gonna close the public comment portion of p-z-009-26 and p-zpd that shows our 9-26 and I'll bring the applicant back up. I think Tina did a good closing argument for me there. I appreciate that but this is local. Locally decided. Local built, local benefit. And for those reasons, we think this will benefit the community. We would urge your support to this project. Thank you. John had a quick kind of follow-up.

Question, based on I think is Bryan, Yogas mentioned having this operational by 2028? Did I hear that correctly? Yes, sir. That's what this is put in place for. So this is the goal here is is to move and not just sit for the next 10 years. Well, this is the projects we've seen This is this is a go go. Good. Thank you. Any other questions for the applicant? Very close? All right. Mr.

Scott you know, we keep we keep hearing over and over That pinal county's gonna be short power in the future, you know, over and over and over again, we already got 50 plus thousand, acres of solar solar but the one thing that we're overlooking is, currently the, the gas powered power plants that are coming. The one that red rock that just got approved. Last week or last month that the Board of Supervisors, we got Bella. Over there off I8 and Midway. Srps got copper crossing.

which is just south of San Tan Valley. We've got the Coolidge Generations Plant Station had eight engines. They're going up 20 engines. They're gonna have 28 all in together so there's plenty of power coming. It's just not it just appeared that that this project's gonna, you know, you're gonna, we're gonna be lacking in Hydro and in this this project's going to fill the gap, I know it's not going to fill the gap of some percent.

Of the hydro, but there are other mechanisms that are already in place that have already been approved. You know, of course, I got to get built and things like that. So we don't have to rely 100% on the 50,000, acres of solar that we already have. You know there's other things that are coming here. I just wanted to throw that in there. chairman Commissioner, I appreciate that and again, That's not what I hear when I talk to power companies. Well, that's what's been approved.

I'm that's what's been approved and and we're we're part of that has been approved. When we talk about the acreage, it's been approved. We're part of that number. We're just implementing with this after here today. What was approved in 2021 for the green energy for implementing it all I can tell you is we've got the power companies that have come here. 82 83 84. They've come here, Epco and said, This is what we've contracted this is what we need please.

And so you've got the local utility providers come in the same police. This is our plan, this is what we want. And so, we think this is important. for this rural area this community. And and these power companies, local power companies so we would urge your support Yeah, all right. Anybody else? Take Sean. all right with that, I'm gonna Close p-z-009-26 p. Z Does PD. There's our nine desk, two six, and bring it back to the commission for a motion and comments. Discussion. Commissioner.

This raga. Yeah. Motion I move the Panel County Planning Zoning Commission for the recommendation of approval to the Board of Supervisors with wood stipulation as listed in staff report. Oh, P-z00926. Very good. I have a motion. Do I have a second? Second. By Commissioner Keller. There's a most on the table for. Of p-z-009-26 any other discussion? I just, I just want to bring up. Pinal County is not out of power. Okay, we got future growth coming.

We understand that, and it's welcome for the most part. And in the right place. But you know, there are You know, these guys power plants that they didn't get highlighted. I can't remember how much they put out, but they're coming. They've already been approved more powers on the way. We know that more industry is on the way also, but So, often times, we just hear the doomsday we're out of power, we're going to run out of power. At.

the problem was in the beginning, the gatekeepers In the county or in the city of Coolidge or wherever as solar was approved. Nobody was we just assumed since it's in our backyard. It's going to stay here and now hadn't been the case. And you know probably 40,000 acres of the solar that's been put together leaves. But we didn't check it till later. but, you know, there is other forms energy coming. We are in a drought. Everybody knows that.

So Hydro is probably going to take a back seat for a while, hopefully not, you know, I'm sure everybody's praying for a different result. but, you know, to, it's not doom and gloom out there, there are things they're going to take some time. And I just wanted to throw that out there. Thank you. I want to comment that I want to add on this one is and I've had numerous applicants at Ask me over the last several years.

What's it gonna take to get solar approve Because we've denied a lot of solar projects. We've approved a lot, but we denied a lot, too. and one of the pushbacks that I've used, numerous times is show me how it benefits. The people I represent in this county And this is one of the first ones that's truly.

Come to the table and said, we are representing Pinal County and the people that live here and the businesses that operate here, and, you know, not just saying that support because we've already had situations where, you know, somebody's companies have claimed support and we find out later and we haven't even talk to them before.

What we're seeing today is not only are you claiming the support but you brought the people to say, No, we're supporting it, we're right in the checks, So that means a lot to me and that that speaks volumes to me. And and it's cases like that where I, I think it's in the county's best interest to to improve projects like this, so, Any other any other comments? But that I go to a voice. Vote.

If unless we unless we need to to do a roll call, but we have a motion and a second, all in favor, say I I any opposed. I want to post. Motion passes. Now, we have peace p z pd009-26. I need a motion picture. Commissioner's raga p. Z Pd009. Sg6 and we've been out county planning zoning commissioned, forward recommendation of approval to the Board of Supervisors with 20 stipulations as listed below. Pretty good. Do I have a second second? Look at Commissioner Keller. Discussion. Mmm.

Hearing none. All in favor. Say Aye. Hi any opposed. I, One. Opposed. That motion carries. Thank you guys. And yeah. I'm gonna take a a quick break but I really only want to make it like five minutes or so if we can, we're gonna try and get this good things. Moving we can all get out here within a decent hour tonight. About a hundred hours, just to render. Welcome back. I'm just getting here. I'm gonna bring bring the planning zoning commission back to order. And call case two cases.

P-z-008-26 and p Z PD. 007-26 Project. Midway Takeaway. Yes, I am Sam. Am I I'm the planner assigned to this case. So to break, down each case, P zero zero eight, that's two six. Excuse me. They are requesting approval of a rezoning of approximately 215.8 Acres from general, rural, GR to Industrial Zone. I3, to facilitate to development of a data center campus. And then P-ZPD007.26 is a planned area development overlay to amend the permitted uses and development standards.

It is located at the southwest corner of West, Selma Highway and South Midway Road. It is southwest of the city of Casa Grande in unincorporated, Printout County, the applicant is Alex Hayes of Whitney Boris and Morrison Bow. And then the owner is someone. I mean and midway LLC. So this shows a total of the county and as well as the subject site, you can see it's just a little bit southwest of Casa Grande. Next, slide.

And then this is the vicinity map that shows the surrounding areas compared to the subject site. And then this is a current aerial of the subject site. And then this. So this map shows the surrounding area directly surrounding the subject site. It is shown, it is currently GR general world and it, they are the industrial i3. And then this is the 600 foot notification zone, as required by state statutes.

so this shows a full site plan of the project, And then I will break it down a little bit more in the next slide. So, on this, on the subject side, they were proposing, five data center buildings, each one of them is going to be $250,000 square feet and they were each have a their own backup generator yard and office. They're also proposing a 298 Mega Mega Volt substation and equipment.

and then they're also proposing 170 foot setbacks Between the adjoining properties, and the proposed data centers. Also included were in the IN Internal roadways as well as a retention basin.

so, for water and wastewater analysis, according to a wastewater and master summary, the proposed development will use extra quote exceedingly low domestic water demand This is due to the post development, having low employee count for day-to-day operations And then domestic waterways needs will be addressed through conventional septic systems constructed on-site and or using the portable facilities.

industrial water demand is also a Intended to be largely limited which would be required for the generator cooling. and as the this water analysis, estimated approximately a daily demand of 14,500, gallons per day with a maximum of 35,200. and then more detailed water, demand and facility and facility information will be provided as for the energy, the proposed development includes an on-site generation which would be served by El Paso, gas line, which bisects the property.

as I said before, it would be a to, according to the submitted site, plan, at 298, Megavolt substation. And the proposed data centers will have their own backup generators. The applicants are not proposing. power group connectivity since they will be providing. Power on site. We did receive a letter from the electrical district, they if they are, I believe they're in attendance. I'm not sure.

That concerned about the, power usage, due to if it, if the on-site generators were to fail, And then, yeah, it is actually the for traffic. They are proposed less than a peak trips. So to bring it bring items and consideration. They are requesting the rezone of 215.8 acres and plus or minus. From general world to I'm industrial. I3 as well as a planned area development amend the permitted uses and development standards.

The site, according to the submitted site plan would have actually legal access along, Selma Highway and Midway Road and a traffic. Traffic impact statement will be required at the time of site, plan approval. As well as a drainage statement. so, for the plant area development over, overlay, they are proposing. Amending the maximum height from i3 from 50 feet to 60 feet to accommodate the building height. They are also proposing.

Amending, the permitted uses With the following the shown uses being prohibited and the PID overlay. They're also requesting a. Because data centers are not listed on in our code. Currently we had to find the most closely use and that would be the manufacturer wholesale warehouse, which requires one space per every 1,000 square feet. They were proposing reducing that to one space for every 6,000 square feet for the Data Center campus.

And then this shows the site postings from the broadcast signs that will put out by the applicant, as well as the small notice signs that were put out as well with the public hearing information. and then for public participation, they have completed the neighborhood meeting as well as other the other requires. Notices. At the time published publishing and advertising. We had received one letter of opposition.

After the after publishing we have received two letters of support as well as seven seven letters of opposition. and then there were a nine letters that did not have any cases mentioned, but mentioned data centers into it. And then for history on the site, it was a subject site of a major comprehensive plan amendment to read designate the parcel from moderate low-density to employment. This major Comp Plan amendment was approved on November 19th 2025, by the Board of Supervisors.

For the rezone so pz008-26. If you choose to forward a recommendation, approval staff, is recommending the one stipulation, and there was the language for the deny motion as well. Next slide. For the p-zpd007, that's two six. If you choose to approve to recommend approval. Staff is recommending approving. The 21 stipulations as reported in the staff report. Thank you. I also have the language for the What one more for the deny motion as well. That concludes my presentation.

I'm happy to answer any questions. Pretty good. Thank you. Any questions for staff? I've done on this side first. Few questions first half on this side. MR. So, this is the Second data center that has come before us. And so I'm just curious, this is not door to that upper management here. Are we working on any type of a zoning code, You know, that's my favorite topic today.

They, they're asking to build the buildings taller than what's already allowed and we have zero code for data centers, maybe that is required. But going into i3 the minute, the maximum was 50 feet. So I just have some concerns with that. And so I just want to know if anything is in the works. And, you know, would it behoove to push not look at the people, push this off and and hopefully something gets put in place soon. Thank you. Chairman. Vice Chair. Yes, staff is working on. A potential.

Ordinance or Standards for Data Centers. However, we have an application before us to evaluate and the zoning. So I think you look at that individually and if you have concerns or need more information than, you know, ask staff and the applicant for those for that additional information. All right. Thank you very much. I appreciate that. Christian pronzo, he's just final or will this come back to us again? When they No, this is this is a this is a rezone, right?

And then from here goes to the Board of Supervisors, okay? And then they're free to move on with the project, right? Okay. So specific questions would be Acceptable at this point, correct? Okay, thank you. um, And I kind of know the answer but I want to ask it anyway. You know, I look at the i3 standards for setbacks and we all know and I think we've all seen and heard the challenges as it relates to data centers.

20 Foot setbacks in the front 50 foot setbacks you know or zero setbacks in some cases. Was there any discussion with the the applicant on mitigating? Some of these, you know, challenges even though they may not necessar have to as it relates directly to the zoning classification.

We're going after but increasing that set those setbacks chairman and members of the Commission According to the submitted site plan there is a 170 foot setback between the But the front of the data center and the edge of the parcel. So they are in meeting that set that standard by over 150 feet. so, I'm looking at the the table we have in the staff report. Whereas I recognize that, that's what the drawing says, but the table doesn't and the tables. What's going to govern as this goes forward.

So should we be updating that table? Accordingly. I mean, if the applicant is is You know, acceptable to understand 175 foot setbacks. why is it not listed here? looks like the only change that they've requested in the development standards is going from a 50 foot maximum height, to a 60 foot maximum height. That's, that's correct. Chairman Vice Chair. This is for the pad overlay, so wherever we're varying standards.

We we include that if there's increased standards being required however, the developer is a self-imposed set back that they've that they've included on their cons. This is just a concept plan. So, If the commission wants to add an additional front yard setback, that'd be fine. You have to really, to the north is Project Bella. To this site. So there's industrial around the site, too. You keep that in mind. Yeah, and that's fine.

I'm just, you know we see on the screen, it says You know minimum 170 foot setback but there's nothing. Nothing in our development staff report that states that so there's nothing binding as they come and develop this site, whether it's next year in 20 years, We sometimes these things get forgotten. No good point. Thank you. You can add a stipulation if you want to increase that setback. Okay, put it on the chart, okay? I think that's all. I had any other questions for staff.

With that, I'll bring up the applicant. Thank you chair, and vice chair. Commission, my name is, Alex Hayes, 21:21 East Highland Avenue here on behalf of the applicant. With Project Midway. I think you probably recall this project from the major Comprehensive Plan Amendment process. just last year. We presented this project in the fall. It is the same project we bring before you here.

Today we'll have some more detail about how this project will be powered and some of the standards that will and govern. It's it's development. I'm happy to address that setback question in a moment. I think we're we'd be comfortable stipulating to those setbacks. We have the stipulation about the specific setback for the power generation equipment, but I think we can discuss what that would be for the for the buildings as well. I wanted to just kind of Presentation. You know.

Data centers have become kind of one of the most discussed. And I think in some ways misunderstood land use that I've seen in many years. and I think that's not unusual with any kind of emerging or growing industry when there's going to be questions or concerns about how they operate, what are their impacts around the surrounding communities?

I hopefully today we can separate, you know, some of the fact from those perceptions and answer any questions you have about this project and how it will relate to its surrounding properties. You know, the reality is, whether we realize it or not, we're we all use benefit from data centers every single day. multiple times a day whether we're accessing our banking or medical records or streaming Netflix or attending a virtual meeting or increasingly.

The various applications of artificial intelligence, whether it's a chat GPT question, or the medical breakthroughs that are using, you know, Proprietary, artificial intelligence models. They've become critical infrastructure for our daily lives, our economy and and our public services. So understanding that these are critical infrastructure Um, I think the question is not whether data centers should exist.

It's whether this data center is appropriate for this location and, and the right standards are in place for its development. So, we'll walk through a little bit of the subject site and it's context some of the standards that we're proposing, some of the analysis that we've done. And I think we'll particularly focus on, I think I think are the three main areas of concern or questions, which is water, use power, use and potential noise impacts. And we can talk about how the site's been designed.

to mitigate those concerns. Or if those concerns are unfounded in the first place, With me here. Today we have experts from and nobody's more excited. They're here than me to share the hot seat with But experts that can speak to the sound analysis and mitigation, and as well as. Energy Infrastructure, Consultant, You can talk about our power design and plan. Everybody. Oh, you'll click Okay. All right, great. So this site is located the southwest corner of It's on the highway and Midway Road.

It's we've included the the kind of an overlay on the site plan for Project Bella. This project is not affiliated with that project at all. But just to give you a site, some context of what exists around this site. Has a comprehensive plan. Designation of employment. That was what was approved last fall. So the county kind of recognizes that this site is appropriate for more employment-focused uses. And you can see along this IA corridor.

This is definitely trending towards more employment, uses energy production, a lot of different Employment uses being proposed here, and there's so much growth happening in Pinal County. There's initially, I think there was a lot of development occurring on I-10 corridorum. We're starting to see that spread to the Ia. IA corridor. Now, This is existing zoning map. Again, i3 to the south. Current zoning is General rural.

and propose zoning is i3 with the PID overlay to again, very complementary with the adjacent property of the cell. Excuse me. Okay. I'm sorry. Some of the computers went out. Oh. So I think we're good Alex. We just gives us a minute, sorry about that. Sure thing. No need another data center. Even the computer didn't like it. All right. Yeah, we're good on the side. Sites also. Within the Casa Grande featuring annexation area within their planning area.

This, the city also plans for this to be more of an industrial employment focused corridor or about I think a little less than five miles from their recent South industrial annexation area about three miles, I think to the south of their Battery to the north of the property. and then here, you can see the conceptual land, use plan.

Now, we've tried to build in some additional standards through stipulations, you know, one of which being that sepak Standard X enhanced setback, for the power and generation Equipment. Birming requirement along the, the Western perimeter to provide an earthen berm for visual and sound screening. We've also, you can see that the green lines indicate. 12 foot CME wall, that surrounding the generation yard, and potentially eventually the substation.

If interconnection is pursued in the future, Those are all stipulations that we have volunteered and and to chair to your question about. an enhanced setback for buildings. I think we'd be happy to stipulate a building setback as what we've shown on on this plan, the only thing we would Not want to be entirely from the perimeter just because of the the You Know Bell industrial used to the south. Maybe we could just stipulate to You know 175 feet adjacent earlier residential zoning districts.

Again, here shows the context of the the site plan overlaid, with, with the site Ariel and how it relate to the project to the South Project, Bella, Here's a, this is a conceptual rendering of the site.

I mean I think ultimately this will go through a site plan process in the ultimate user probably have some influence on what that design of the building looks like, but I think the takeaway here is that a modern Data Center campus, it looks and feels more like a kind of a Flex Industrial Office Park campus more than sort of a heavy industrial.

so, now turning to kind of the three main areas of question and concern around data centers one, the first being power, I think the primary concern here is you know, there's there's no getting around the fact that data centers require a lot of power to keep, then they require 24/7 power to keep the chips energized so they can process. The information store the information on interrupted. Now this project will be bringing its own power so they'll be on-site generation.

The current project design employees two commercially improvement technologies in the form of fuel cells. and natural gas reciprocating engines. Now, this project by paying for it's own power and not connecting to the grid, at least not initially and discuss that in a moment.

it will not have an impact on on rate pairs and this is consistent with We're seeing a national level with the White House and release this great protection pledge that you know, they're very encouraging of new data centers and and You know, supporting AI development and maintaining US competitiveness, but there's a also encouraging data centers to pay the wrong way, for new power development or to bring their own power to bear. And that's exactly what we're doing with this project.

Um, these this combination of generation technologies provides a reliable solution and will be built in a way. That is redundant. So there will be reliable power to maintain that. That continuous reliable need. And then we there we do want to maintain the ability for potential for future interconnection. I think the ultimate data Center user wants to have that reliability of connecting to the grip but that will only occur, you know, after additional studies, I think you'll hear from Mr. Jurgis.

He's at 83 submitted a letter saying that this project has not done a load impact study with ED3 and that is 100% true, we communicated that we want to get through the entitlement process. First before we make the significant investment of doing the studies within 83 system for interconnection, but I think down in line that is probably a likely scenario, and we do have Jeff Burke from Mrs. Go there's a former resource planning ahead of APs.

You can kind of speak to what that process might look like. And why the kind of the basis for the design of our of our power design today? If you just go the next slide I can just has a little more detail on the two types of Energy solutions For this project. Again, these would be on site, the natural gas reciprocating engines are it is clean burning utilizing natural gas, so not diesel. And these are modular, so they're kind of sort of plug and play.

Can you be installed in phases to support phase growth of the Data Center project. And this is commercially proven technology. This is available in operating and at sites around the world that include data centers importantly, I think they use very minimal water. They use kind of a closed loop system. That's similar to a car engine radiator, very minimal water, use associated with that type of generation and the second piece. is the solid oxide fuel cells. This is a interesting technology.

There's it does use natural gas as fuel, but there's not a combustion process, it's a clean. Chemical reaction process. That creates electricity. They're near silent, so they operated at a conversation level volume. So very quiet production of energy. Again also commercially improve in these are in use for data centers and other kind of large power uses around the world and these use virtually zero water.

I think there's some water but the startup process but an ongoing basis, little to no water. so I think maybe I'll invite Jeff up to just kind of speak a little bit more about kind of the future plan for power and how this data center news will be in the future. Great job, Chairman Commissioners. Thanks for having me. My name is Jeff Burke. I work at Amaresco as and as discussed. I've been in the utility industry for about 25 years formerly at APS was the directory resource planning there.

So have a fairly significant background in Arizona, infrastructure and reliable power setup, and that type of situation. at amaresco, we've developed over six gigawatts resources and from anywhere. From behind the meter resources to utility scale, CNI customers. We also have a pretty large prefer. We have a large presence in military infrastructure as well. So this is not new or novel type of project. It's something that we've been doing kind of all along the time.

one of the projects we have them across the United States and they range from a handful of megawatts to make sure that Our military basis, stay up and running should the grid go down. They can also they function as an islanding. And they also in some situations, they also serve the grid, the largest project that we've been working on, that's behind the meter is about a hundred megawatts in total at this point in time. So there is scale to these.

becoming more and more common as we kind of move along. Why are we here? well, over the last couple of years, we had the AI explosion and essentially what a number of the data center developers, the hyperscalers, they can't get power. And when they do go to utilities, whether it's APs or SRP or anywhere else. they said you know what, we have to build new generation. We don't have existing generation and it's going to be a number of years before we can get to that.

so what we've done here is we've come up with solution that accommodate or that that helps that along gets the gets the customer. What they need sooner with the behind, the meter solution, and then transitions into a utility, served customer over the longer period of time. So the utilities can kind of grow into what the data centers are requesting. so What does that do? It. Effectively reduces the risk on the local. Utility the local rate payers and it assigns costs.

to the the cost causer, the data center user. And so what we, what we do is we make sure that, you know, the, the customer is paying for, like we showed on the previous slide. The customer is paying for all the infrastructure. And allowing the utility at some future point in time, to connect them up to the grid. So why is this unique? Well, it's because the load from the customer and the generation from the resources are all getting brought on together at the same time.

So, there isn't a waiting period, where you say, you know what, I need to go build a huge generator somewhere else and then figure out how to build in transmission infrastructure and get the customer connected and all that sort of thing. We're we're cut into the chase and saying it's on site. and it's usable for the customer in the near term. And again all these customers they want to be connected to the utility in the long term.

This gives us then the opportunity to come here to increase economic development to expand our ability to make Arizona a technology. Point in the US where, you know, where data centers want to come be here. And you hurt, we're all users of data. This is, you know, Directionally, this is where we're going and we want to see that we want to see Arizona be successful and we want to make sure that we give all the opportunities that opportunities that we can to for customers to locate here.

so kind of talked about, you know, the load in the, the generation talked about how we remove the impacts on the customer, and one of make sure that you're aware as well, that this is a reliable resource. This is something that we do again across military infrastructure. These are critical infrastructure projects that we have background in developing designing and constructing. And so we want to be part of this. We want to work with all the local folks including the local utility.

But there is this. There is this speed to power. initiative that we have and we're trying to accommodate from a data center customer perspective. On the on the generation resources to be clear. The these resources are fill when you when you begin with water and then radiator, put the cap on no more water gets used. Similarly, the cooling in these facilities is closed, loop cooling. So minimal water. I think that I want to take any questions that you all have.

I said a lot of things there, so maybe I'll just pause real quick and see if there's anything that you want to ask me related to the power infrastructure. The timing, the natural gas etc. Typically let you do your whole presentation and then we'll come back. and then we'll come back with questions. Okay? Great thanks. So the next critical item. I think this is probably the concern you hear from.

Most of our people is that data, centers are water hogs and that they're going to be draining our aquifers and we just can't have them here. and I think that, comment is either based on old information at best or deliberate misinformation at worst because the reality is that Maybe a data center on the Columbia River in Washington. uses, evaporative cooling with and it uses a lot of water. The Modern Data Center here in Arizona does not, they use either closed loop or air-cooled. cooling systems.

And to make sure that there's no doubt about that, we've included a stipulation of approval with this zoning request that any, any cooling system for the information technology must be closed loop or, or air-cooled, and so, In that case, there are estimated water demand for this project. on an average day, demand 14,500, gallons per day. That equates to about 17 acre feet per year. Mr. Scott included both the gallons per day and the On a maximum data, man. We're looking at 40 acre feet per year.

I mean this, this is lower than pretty much any other water. Use. Not only is it a large water user. It's much lower than certainly residential. Certainly, agriculture lower than your traditional industrial uses. Um, water would be provided by, I think we already talked about the generation equipment, low water, using I'm that's actually factored into those numbers as Water would be provided by Arizona Water Company.

Wastewater, low wastewater demands anticipated to be met our address via conventional septic system. and then, thirdly, Is is noise. There's a you know often hear a complaint that the data centers and generation and the cool equipment is loud. And we've done a noise analysis. to determine, you're based on the different technologies. We're proposing in the different scenarios, all of which are compliant with the Pinnaconian Noise Ordinance, which is for residential 60 decibels.

During the day, 55 dba at night, all the residences, the receptors in the area are below. That threshold. But nevertheless, we've incorporated stipulations of approval that will further address that one being the setbacks screening in site design, which I mentioned with the generation yard having either 12 foot CME wall or screen by the site design and building orientation other mitigation efforts can be include sound damn thing equipment.

and screening of the cooling equipment and the generation equipment. Now, to go even further, we've included a stipulation that Prior to CFO of another noise, analysis to confirm that that still holds and we've also be required to Of our sound generated from this project to ensure continued compliance with that noise ordinance. By response. You know, I think nobody is more. Invested incentivized to have proper fire response for this project than the data center operators itself.

This these facilities will include billions of dollars of equipment and so, proper fire response. And fire safety is very important. We've been working with Canal, County Fire and Medical Authority. Chief Heaton is here. Who can kind of speak to their comfort level with serving facilities like this?

And we're happy to work with Chief Heaton and, and this organization to help expand fire service to not only this site, but to the area and the developers as committed to making substantial commitments of financial commitments to help establish that fire service for this area, from an economic impact perspective, you know, I don't need to go through this in too much of detail but it suffice to say it's a very significant I'm capital in this area.

Totaling 2.8 billion, overall revenue to the county is 60 million over 20 years study period. That doesn't include the actual Dollar figure going to the special districts and school districts.

They're all the other taxing entities from an employee basis, you know, during the construction phase, it's measured in the hundreds, if not thousands of employees, it's pretty significant construction impact from A, from a economic impact perspective and then ongoing basis, you know, we've heard some of the criticisms about how these job figures are overstated.

So we took the very lowest conservative number estimate and that is about a roughly 65 employees for the Five Daniels that are buildings in the generation equipment. But these are very high paying jobs that average of 93,000 per year, it's twice the average wage in Pinal County. So these are a significant jobs in those. Have, you know, these are highly skilled jobs. Well and those in turn have an economic impact in the community in this area.

you know, our citizen outreach, obviously the county separates, the major comprehensive plan process, from the zoning process. So we've kind of now gone through this twice, We held neighborhood meetings through that major comp plan process we held them again. in the spring for the for this resound process. We had we're at the good old Francisco Grande Hotel. We had five attendees for that meeting. Including the nearby residents and you know, provided a general overview of the project.

There are some questions about kind of the open space that we've provided. What with the screening be, What would the setbacks be? Those are all addressed in stipulations. 12, 13, 16, 18 and 19 and maybe we'll have stipulation based on the discussion we've had I think, overall, the community feedback was constructive and I don't think we have any of the people that came to our neighborhood meeting here today. And then just to wrap up because I know you'll have questions.

I've tried to move through this quickly because I know that the question and answer is where it's where it's at. But You know, this really is a it will bring a quality. significant economic impact project to the county and it does. So in a very low impact way, I mean I think you'll probably hear that this is going to be a heavy water user is, it's just not and I think it's able to stipulate to that fact, it's a low traffic generator, will not have impact on rate.

Payers for providing our own power and through future interconnection, if that's pursued, we are committing to, you know subject to the studies. We're going to be committing to funding all the infrastructure improvements that are required for that interconnection Through contributions and partnership with the Pinal County Fire and Medical authority will be expanding fire service to this broader area.

Contributing investments to infrastructure improvements in this area from the roads, electrical infrastructure to bring fiber to this area, which it knows important in our modern economy. And, and it's going to attract future investment to Pinal County. You've seen, you know, where there are tech clusters where there's suppliers and contractors that support this type of use. So that it's good project. We appreciate your support and happy to answer any questions you have. Good.

Thank you for that. Who would like to start? I'll steal the show from Tom Jump in vice chair. Thank you. Thank you for your presentation. The sound mitigation? What? Sorts of things? because, you know, I read on social media news, outlets, and everything about how loud they are. And I know as time goes on as, with the best batteries things do improve. So what sort of mitigation will be doing for those? Yeah, thank you. Commissioner.

there's, there's quite a number of things from screening at the around the power, generation equipment, setbacks screening around the the parapets for for HVAC equipment and there's also sound dampening technology and I think maybe this is probably a good time to bring the expert that we brought here today, who can talk a little bit more about the sound study and some of the mitigation measures Have other questions. But yes, go ahead and do that. Right. Good afternoon, I'm Brad.

Psalm I'm with swca environmental consultants. that's 2921. 29 29, North Central, Avenue Suite 1900 in Phoenix, I was brought on to help Lpi group LLC with a noise study for the project.

and yeah, in terms of what we've looked at for this project in terms of the noise that will be experienced, not only at the property boundary, but nearby offsite residences or nsa's noise, sensitive areas, we call them um, we've put all these the buildings, the power generation, the HVAC, the Gen, the transformers, and the backup power into a model. To quantify the actual noise impact. And so, it's a very sophisticated model that uses.

All the ISO 9613 methodologies for outdoor propagation of noise. Things that help to minimize and mitigate the the sound are enclosures screens. the buildings themselves can block line of sight which are also accounted for positioning. Those is really important. Um, these are this is a modern data center has been talked about.

I think a lot of the misconception that we hear potentially from older facilities or other industrial facilities would be more towards large gas, turbine, generators wind projects, natural, gas, compressor stations, and then also, when you have those large evaporative cooling systems, those cooling towers, those can be a significant source of noise and even a significant source of low frequency noise.

I think the other thing that is really important is when we look at the off-site receptors, this project has a very significant setback from existing residential structures. The nearest noise source on-site is approximately a thousand feet from any residential structure. So that's a significant setback. That distance is a big key factor in the attenuation of the noise. Some did that answer your question vice chair? Yes, it did. You yes yes. That answered my question on that, so, thank you.

Thank you. Sure. Just go. well, while we're talking about noise The noise during the day would be 60 dba. But at night, it would be 55. And if this plants run in 24 hours a day, why would there be a difference between day and night? Yes, chair and Commissioner. Thank you for the question. That's the Pinal County ordinance. That is. Required to be met. So we've actually done the analysis and it is below those levels that are required of the project at the property boundary.

So is there a difference between day and night operation for this particular facility? No, we have analyzed our model. Analyzes basically, 24/7. Operation of all the noise sources at their maximum capacity. So while the standard is different between day and night, we've looked at it running continuously, That's worst case. Okay, I just wanted to get a clarification on that. okay, if I follow up on Christmas time, oh yeah, we're talking, we're talking noise, I mean sound. As it relates to.

The harder one is the lower frequency. Sounds And in talking to people around the country, that's actually been the biggest challenge that they've had in other communities, that, that have built. Not just end users, but I've actually talked to city officials and receive the feedback that, you know, this is what we're getting. um, what kind of mitigation is being done for some people call it in referred to infrasound the vibrations that that low hum Low deep. Correct. Thank you Chairman.

Yeah, infer sound, is that low low frequency? It's actually below the human ear can hear. So it's more of a feel vibration that usually occurs at 20 hertz and below. And again, I think the misconception is some of these older data centers. That may have different types of cooling or more.

Larger I'll say, you know, combustion turbines generating, the power, those are real sources of that, low level that low frequency noise, I think this project is different different in that case, with its conventional mechanical equipment, it's not using the traditional what you would hear as the evaporative cooling towers. These are enclosed air, chilled units. It doesn't also does not use combustion turbines. Choosing engines that are in enclosures and our screened.

Um the one thing that we did look at it was not in our noise report that you may have looked at, but it's something we've looked at recently, is there are no Pinal County ordinances for low, frequency noise that we're aware of. But if we look at other corollaries, there is a Navajo County, Wind energy, guideline that they've released and we have looked at that voluntarily.

And that actually sets prescribed DBA or DB limits at those lower frequencies and comparing this project at the off-site receptors. We are below those benchmarks. So you know, have looked at it. I do not feel that this modern data center or believe that this would be a significant source. And especially, as I mentioned with the thousand foot approximate distance to off-site residences, I don't think you're going to see that and we would not anticipate that being a problem with this data center.

the challenge here is that I have with that is A. Kind of like saying, hope pray. we can run models and and depends on the data that's plugged in. I mean I I do my own modeling on different things and because the data that you put in equates the data, you get out of it.

what I have to be able to do is when I run into, you know, the people in the public at the grocery store and they say, you guys allowed them to build this damn thing down, you know, next door to me and it rattles my teeth out of my head. um exaggerating of course. But I mean these are the questions that I get. Um and in five five or ten years from now, I still need to be able to answer that question.

um, so I don't believe that there's any kind of stipulation that we have in play as it relates to that infrasound and would you be opposed to should this choose to go forward, adding a stipulation, not only, that establishes, the, the county's requirements for the Traditional sound, but also for him for sound. Yeah, I mean that seems reasonable to me. Chairman, I can't speak for the applicant directly, but that would be something that could be measured as part of the stipulation for the post.

Thank you, sorry for jumping in. No, no. As long as its own same noise and that in that brought up another one whereas Affecting neighbors and because it's so far away. But animals pick up frequency was my life before this and they pick it up long before a storm comes in long before all sorts of things come in. So being that you're out in the rural area that lower one really would be concerning for me and definitely consider our stipulation so that that could be Monitored, I would appreciate.

Does anybody else have anything on sound? Otherwise, I'll go to my next question. On sound. Okay, I'm a little new to this the the sound or the vibration. Now if I'm looking at this site plan with the five generator yards and then this set substation to the bottom part. Where is most of the sound coming from? Is it coming from those the longer data buildings or the larger one?

And also is that where the those power solutions are located those two that were shown earlier as far as where the power is coming from, for the data center. Are those both inside this larger building? And is that where some of the the noise might be coming from? Yes, thank you for the question. Commissioner. So these, I think if I keep my eyes are a little bad right now, but the substation equipment area, kind of in the middle there, that is where the prime power would be located.

So that could either be the natural gas fired engines. Or the energy cells and so that is surrounded by an SMU wall, and they are in enclosures, but that's a big source of the noise is the power generation in the center of that. area. And then if you look at the five individual data centers the the generator yards, so those white squares, that is where backup. Engines would be located.

And so we've looked at both the backup scenario and the prime power scenario, they would not both operate simultaneously at a capacity. The backup only comes on. If one, you need to do some emerging emergency readiness testing, but not all of those are going to operate But they would only operate all of those. If the prime power were to be offline in the generator equipment area, Okay, thank you for that.

Yeah, the the generating generative testing, you said they'd come on when needed, what kind of engines are those or those like cat diesel engines or These are natural gas first or natural gas? Thank you connections. Yeah, these yes, yes. These are natural gas engines. They are not diesel engines. They are in an enclosures, like, I've stated. But straight pipes on them. So they breed. No, they have. They have residential grade silencers. So very sophisticated muffler systems.

Now, you don't do those things. They get turned on when you need them but then do you do testing on them to make sure they're in good order during the week each week. I don't know if I can speak to that directly but in my experience generally yes you need to test the backup systems to make sure they're ready to be used if they are called upon, okay? Of, just add one thing about the, the backup generators with those are.

tests about once a month and we actually added a stipulation as well that that Can only be tested during daytime hours? I think it's nine to five. It's in there but that was another voluntary stipulation that we how long would that test run for? It's their short. It's I think it's minutes. Okay. Okay. All right. My next question is well it's a correction.

I guess for stipulation number 11 it says, the perimeter boundary industrial buffering of 50 feet is required where the subject site abuts rural or residential zones. So, where we just in agreement that that needs to be changed to 175. Step 11. Yes, I share that. We would be We would accept 175 feet first stipulation 11. Thank you. Question on the closed loop. Or radiator type system. Something that Irradiator needs to be drained and cleaned.

So what, what happens with that discharge and is there what? Obviously it's treated but is that all on site is it hauled off. How is that taking care of that? That's something that concerns getting into the water system. Yeah, good question. Vice chair. It's really My understanding is that they're actually not drained very often.

There's maybe sometimes there are additional fill added if there's any type of maintenance going on, but it's not actually like routinely drained and refilled, it's just continues to cycle. And if it does, if it is ever drain, there's there's not any toxic chemicals in there, but if whatever is in there is handled according to County requirements. We don't have any code that that's going yet. So or you have a question on that ahead. Or adq requirements. Perfect. Thank you.

I think I think I read in there on the closed loop that it's some type of a solution, but there's also Waters added To that solution, how much water is needed to charge the That loop system. Do you have another? Yeah. Come on Waters. A big issue here. I'm gonna figure out where they're coming from Chair. Commissioner these two for the the rice machines, the reciprocating engines, right? That is about So, if there's 250 megawatts there and it would be roughly 500,000 gallons to fill it, seal it.

And that's it. So think a couple of residential annual uses. So how can you give me a specific amount for each one of those engines in the closed loop system? How many gallons you gave me a megawatt? But yeah. So what you say it was per megawatt up. We usually do for 100 megawatts, so 200,000 gallons per 100 megawatts. So in again, you know, kind of a couple of residential per 100 what megawatts on an annualized basis or something to that effect.

So and then on the the fuel cells, they're less they're closer to 40,000 gallons, to start them up and it. Per 100 megawatts. So, how many megawatts are we consuming here? Approximately 500. and so, sorry, we're starting to realize the question was actually about the total water use but the, the water demand. The water report. We submitted in the numbers of highlighted earlier. Actually include the water that's associated with generation equipment.

That was it's just peculiar that you're using water. To cool an antelope system. Because it in a car or a diesel engine, a tractor, whatever. You know, we use antifreeze. Because we know that water breaks down after a while. and we know that when the water breaks down. It's like plaque in your arteries, you know, it's got to be removed or some conditioning needs to be running. Through there. And if you're just using groundwater You know, we were a workout. We have a big RO system.

And for every 10 gallons that goes in there, four gallons is an acceptable. Some kind of concerned about what you're doing. You're gonna plug your system up because it's going to be running 24 hours a day. Yeah. Commissioner, the systems will be run, you know, per their standards and guidelines. I don't know exactly the makeup of water to, to glycol or whatever the solution anti corrosion solution that's used but it'll be run for the equipment specs, right?

But, you know, being that you putting so much water in there, it's gonna have to be changed out. and then I think what Commissioner Mooney was said when when you flush the chemicals that are in there, just like a radiator and a car, you know, they got to go someplace because they're kind of hazardous. So if we're talking about, you know, 200,000 gallons of water, that's, that's a big chore there.

yeah, Commissioner my understanding is that that these closed loop systems do not need to be changed out very often and here that you're the first group that said that you're going to use water in it. I'll give you a clue. Everybody else. Unused water. I'm sorry everybody else doesn't use water in their closest system. It's all chemicals, and they're closed. The cooling system. Well, at least that the two that I've talked to that, maybe it's not everybody.

Just just something to think about there, okay? I interrupt you. it's probably you say in 200,000 gallons of water, but half of that's going to be an ethanol. And that's a permanent. so really Our only concern is, how much do you need to make up? Two losses. Relief valve opens that the loss, whatever. You know, I don't it. Yeah, the water use been approved by and I'm sorry for button you know I really am. What is your Order used to prove by the Arizona Department of Resources.

We will get our water from Arizona Water Company. Who would in turn have their, you know, Adwr certificate of Missouri bars play. New signed on. To your water usage. Yes. That continue or give it back to. the floor is still the vice chair. You That's mine. Me, thank everybody. Well everybody, I'm allowing if they have people have multiple questions on the same topic. Talks about your closed loop system.

I have read recently that sometimes a closed loop system air cold system once the project breaks ground. You know what? That's not actually not gonna work. So we need to go to a water. water cooled system. Has that ever happened? In your experience. I don't know if that's ever happened. I just read it recently and and all places. Yes. Well, and once you break ground, I mean this is not a hundred thousand, two hundred million dollar project, this is billions of dollars.

So, once you break ground, some of the things I've been reading about, Are, you know, water is needed and that is something that just isn't. Well, a lot of it out here in the, in the desert. So it's concerning in the desert area not necessarily Mississippi where it rains all the time. Yes.

Investor we are confident that that's not going to be a problem and that's including this stipulation in these and will be verified by okay, the development services didn't know if you'd ever come across that yourself In in projects you've done or heard of other projects. So, I've heard that question before but I've not heard that a question from the commission for but I've not actually seen that in practice, Okay? All right. Yes, absolutely on that, that's stipulation.

18, where you talk about, you know, requirement to use the close-up system, would you be opposed to adding a note on on to step 18? A water-based cooling system would not be allowed on this facility any time? Or something along those lines like a once through just in 10 years. Hey, this isn't working we got to change it. Something else we want to change it and go to a water-based system that's that's not going to be an option. Yeah, we've evaporative, cooling would system will never be allowed.

I think that's kind of the intent of the stipulation. But if, if we're saying the same thing there, then we're happy to Add additional language to clarify that. Okay. Yeah, there was discussion on 65 plus employees. and I'm not sure if I heard you clearly or if you didn't 65 per building or 65 per all building for all buildings.

So, if Vice Church, a good question are the initial economic impact report that we prepared, which is kind of based on industry standards had, I think it was 40 employees per building, maybe 45. retired, some feedback, that maybe that there was some skepticism about that number. And so, we took the kind of most conservative lowest range number associated with, you know, they anticipated types of data center users, because some types of users have different employee counts.

Whether it's, you know, all one company or a co-locator who has different tenants And so this is the most conservative number. That would be a total on site for the OH properties. Okay. All right. I'm gonna ask a question, that's absolutely trying to hit everything while he's down on the same topics. So those 65 people roughly, you know, whatever it is. How many of those are actually local on-site, working there, 40 hours a week Good question, share.

That is all local on-site employees, that doesn't count. that's not including, like the induced employee numbers, or indirect employee counts, or, you know, jobs that are created on site are offsite as all people, that would be kind of operations and maintenance personnel engineers on site that kind of thing, okay, thank you. He'll be happy to notice my last question. Investing in the Community. I know I can't I don't want to get into details.

You're doing, but I know in other projects they've given us some info. So is this You're investing in the community as we are. Talking about rezoning this, this land. Will you be reinvesting in the prop in the community during the build? And as the up and running? How long is your relationship with the area? Certainly, I mean, the The amount of capital investment that goes into this project is significant in terms of employment for for people, in the surrounding community.

We talked to one resident actually north of the property who actually recently entered soon to be retiring from an IT job in Chandler and they're very intrigued by the opportunity. But maybe having a job near nearby we're all so contributing to you know making financial contributions to the establishment of the fire district service in this area which will provide fire service for an area. That doesn't really have it.

I think I've mentioned here before that we've talked to residents there and they're paying, I think extra $5,000 a year in property insurance because they don't have fire insurance or fire coverage or fire service. And so that alone is a, you know, we'll be a benefit to all the residents around Syria and then, you know, through the process of construction this I think there will be opportunities to, you know, provide additional investment in the surrounding area. All right, thank you.

That's it for now. I want to thank you back on that as well. As I've talked to different municipalities and talk to Developers and so on across the country, as a release data centers. And what's working? What's not working? One of the things that One of those, those things you probably don't even realize until it actually happens was talking to a Housing developer in Wyoming. And he said, the Data Center started coming in. You know, we got lots of open space.

We got water, we got, you know, cooling is not an issue for us, whatever. The bigger issue they had was as they came in to build these things. They hired all the electricians, all the plumbers, all the concrete guys. All the, you know, and they said we couldn't build homes. There was a diet, everybody, they took everybody out from under us.

what kind of, you know, as he's come in and we we see you know you're you're five four or five building five buildings, who got another one, that might be 50. some odd buildings, we have others that are coming up. Yeah, these are great job, creators. But what does it do to the other the, the peripheral economy?

And you know, how can one of the things that the data centers in Wyoming are doing is they're actually funding programs with the local tech schools to train electricians and plumbers and carpenters and and what have you to a to be their own? Because these are multi-year jobs to feed their own. But also spread it around a little bit. And then the great thing that these people running into is they're able to go become an electrician or a plumber or whatever and have no student debt.

And it's a great thing for the communities. It's a great thing for the county then it's it's it's a good thing for you guys, too. Because you get that kind of steady stream of Workforce. So, as anything, you know, the fire is great, all those other things you Keep doing those things. Yeah. But this is an area that sometimes we don't realize. This is a problem until after the fact, it's like Okay now what do we do? Yeah, sure. It's a good question. I mean and I follow that.

I'm one of those Good problem categories. You know? This is, you know, you're at kind of maximum employment of your your trades, but it is a problem. And I think Rob for us is one of the best growing counties in the country. Absolutely. It could become a major problem and if there are, you know, opportunities for this project to contribute to, Trade programs or workforce training programs. I think we could definitely open to that conversation on.

If I can commit to you know, any specific numbers now. But we're certainly open to that conversation because it is sort of a circular thing and helpful to this project too good. All right. Thank you. Anybody else have questions? Richard Bookart. Thank you, Mr. Chairman, I have one really burning question that I've been wanting to know the answer for for a long time. Why Arizona, why are we so popular for data centers? I was looking on this map Data Center map USA on the Internet.

And according, to this map, we're number three in the country in amounts of data centers that we have in this state we have currently it says 56 for behind Virginia and Texas. We're number three. And yet we're not number three, population wise in the country. So why Arizona? I mean, why are we so attractive to people who want to build data centers? What is it about this state and and do we have a lot more of these to look forward to? Great question. Commissioner.

There's there's a few reasons, one is no natural disasters, which is important for the kind of be able to have continuous reliable power. You don't have the ice storms in Texas, or the tornadoes and the Midwest. or the blizzards that you see in these East Coast. Two is a historically pro-business climate. It's always it's going to state. that's been open for business. And three historically, very reliable power. And abundance of land.

Those are kind of the four main pillars of why it's going to attracted. Thank you very much. Any other questions for the applicant on this side? Come back over here. Go to Commissioner department first because he doesn't say anything in one. got to keep him awake. Thank you, Chairman. So you're gonna use El Paso gas, as you fly. Does the most likely scenario.

Yeah, I think with the incoming transwestern line, that's gonna free up capacity, on that line, just kind of wait, the transactions will work and do you have a firm commitment from them or contract? Not today. Do you foresee that? They'll have a supplier, will they have to rely on getting that energy transfer line from?

Texas gas line through good question, I think you know Projects, like this will help drive those the delivery of those pipeline projects to get more gas here when there's more demand here. based on the conversations that the developers had on that on the natural gas front. I think there's high level of confidence that there'll be able to get the capacity, but, you know, pre entitlement. It's too early to secure. Those commitments got Pre entitlement.

So you have you applied for area mission permits? Not yet. Because there's only a finite amount of those. especially in western Pinal County, we have You know. We get a lot of trouble for having dirty, low quality air. So it's a good question, that one of the good things about the fuel cell technology, is that there's no combustion and they're very, very clean. And from an emissions standpoint, the reciprocating engines do have some emissions, but that will go through the year.

Perming process, do you have an idea of how much emissions it will emit or what you'll have to apply for There are limits that we apply to and we make it. We need to make sure that we're under the thresholds for the emissions. The why you saw those that? That's part of the reason why the fuel cells are in in the mix because of the clean. and the non-emission, the the lower emissions that they, they provide Okay, so you're you're pre entitlement type. So you need to know these things, right?

Because you're kind of looks like from I'm seeing your building off the grid. You're just going to produce your own power here. So, those things go through my mind. We have worked with. with our emissions models to indicate what the potential resource mix would be already. The next step is to go take that the step further and get it permitted. Good. Yeah, very good. Mr. President, thank you for sure. All right, where are we? Covered power your last comment about.

the natural gas is a little bit problematic if you have to switch out types of generators. I don't see a. a diesel being Applicable. You wouldn't even make it on noise, would a diesel? But there's nothing in a stipulations that really tie you down to these Gen backers. On which a gen-back who's your well, inside your envelope noise. So I'm not sure what to do with that. Water. You've already addressed. noise has been addressed. But what hasn't been addressed as fire?

And there's been some recent papers put out. Texas A&M. A specialized expresses. Suppression system. Arc flash. Seems to be the boogeyman. With these data centers. It can't be the local fire department. Yeah, Commissioner Bronze. That's a good question. It As I mentioned earlier, these data centers are gonna have literally billions of dollars of computer chips and equipment. They will be very invested in making sure that those, that equipment doesn't go up in flames.

And so there are will be very sophisticated, fire detection and suppression technology in there and These operators are very familiar with how to do that. And if you want to hear from Chief Heaton, Chief Eaton's here and you can kind of talk about some of the training that goes on with his show, Roast assured, the investments, too big for us, to screw it up.

there, where you're going that is, if there's a very, very strong business incentive which is stronger than any county, requirement to make sure that this building is safe from a fire safety perspective. I'm thinking more of the firefighters than I am your building that go in there and have to address our clash. It's a nasty thing. I would encourage. You to hear Chief Heaton's comments on that. All right, lucidson the record but that's not much of an answer really. Thank you. Good, I'm done.

All right. Yeah, we beat this horse. Almost. Tom, do you have anymore? Shorty do you are you representing the end user for this? You said here, something about the ultimate user when you find or after it gets zoned I mean who is the end user? So Good question. Commissioner The applicant in this case is a land delay, a land developer who Has done data center development in the past and has relationships with the ultimate data center, operator and user.

the way these data center operators and work is that they, you know, have hundreds of sites that they are kind of looking at across the country and they really don't actually buy the property until it's you know, a certain period away from actually turning power on. So they look to developers like the applicant to kind of put the development package together and they come in and actually operate the building. Yeah, we've heard that recently on another data. Center project.

There there was being promoted by a law firm. But the You know, who's the applicant? I mean, it's just kind of peculiar. that he wouldn't be here there, you know, helping you The applicant is called lpi land, power infrastructure. Okay. Okay, talked about them. On the water issue. you know, did the math on Earth 17 acre feet per year's probably like 50 homes or something like that. But but the problem, if you look at your property it's it's a piece of like desert land.

It's not agriculture, it's not farm. So I got on the Arizona Department of Water Resources and I looked up to see how many AG wheels you have there. so, even though you're buying the water from Arizona water, You're, you're taking water out of the aquifer that we all share, that we all have rights to and putting it on a property that doesn't have any. And, you know, being that we're in a 10, 20 50, 100 years, drought or nowhere.

at, you know, that that's kind of concerning you found somebody that's gonna sell it to you, but yet, You're pulling from the same aquifer that the rest. Have, so you kind of create in a burden on us, but the burden of the water that you're going to use is going to be daily. You know, it's not like a farm where you have a season, you have a crop for four months or six months and then it turns off it's just going to be because Consistent. So that's kind of concerning to me.

if I made a comment on that, that I think at you know, between 17 and and 39 acre feet per year, you're not gonna find a lower Water use or use what you said, uses less water. And so, unless your position is that it's probably shouldn't be developed at all. I think this is a from a water perspective, a very appropriate use. Now, what you're saying. Absolutely correct. I get that. But currently on that property, there's zero.

zero being used that that's my point, but however, it would be developed unless you're suggesting that it should never be developed. It would acquire water from a similar way. Well it's probably never gonna get a hundred years You know, that's what we kind of gauge our development, you know, here in Arizona. um, is the? I know the chief is in the back. Whereas Pinal County fire and medical authority. What town are you out of?

Here's a city but they are gonna have a fire station as part of the project ballot development too. There's will be a fire. station kind of between this property in the and on the Project Bella property and then there's also can have facilities in Stanfield that I think I'll let Chief Heat and speak to that more Chairman Vice Chair Committee. Good afternoon. The question is where we currently located? It's in Arizona, can you state your name? Sorry.

Jeff Heaton, Fire, Chief of Pinola County, Fire, Medical Authority, thank you. So currently on Arizona City but with Project Bella that'll be our nearest fire station to this location. So, you'll Provide fire service to this project. Also out of the Bella facility, fire and EMS protection is correct, yes. All right. Just curious, where you guys were. Yeah, so we're growing in that area as well.

So if I may, chairman a couple questions came up from the other committee members as well about NFPA, 70 or what you refer to as Art Flash, Art Flash is rated by the National Fire Protection. Association is NFPA, 70e we deal with that every day, whether it's a substation, a step up station, or a step down station, it's something. We deal with every day and we've done. Training to do that as well. So we've prepared to go with this. Chairman, you brought up many, many good points today.

What is this doing? For the local area? This local area has no fire. EMS protection at this current time. So through these projects, we now have expanded for being the first authority in Pinal County for fire and EMS coverage.

We've also stepped up our daily coverage by two extra people per day and it's going to provide fire EMS to people necessary that have not had it before and probably, without these projects won't have it in any near future because the funds just aren't there to support that process. So we're happy to support this project to bring fire EMS to areas that currently don't have it.

That'll be a significant savings for those that are in the area through the reduction of the programs they have in place being homeowners insurance. Tom, can I ask a question? Yeah. excuse me. Based on what you just said. So are these operations in place today, as we speak for this area, or they predicated upon the successful build out of this project project. Bella And/or others. That's a great question, Mr. Chairman we've increased our manpower ready. We've had purchased additional equipment.

All we're waiting for is the approval of the projects to move into those areas as well. So we've started that process Already, we work with the county board of supervisors, to start to try to get this process, moving to get those resources out there. Now we're currently running out of Arizona City. So our lead times a little great. But just for a statistical number. Since March, when we formed the authority, we've already ran 13 fires in this area that were going to not be responded to.

if the efforts weren't in place. Okay. So, but an actual, the actual station you mentioned that won't happen until either this project or Bella is is actually you know under construction or built, that is correct. Okay. Thank you. Yeah. Commissioner. Dress art class. On a daily basis. In Washington, diversity, Percy of California, Berkeley have all issued papers on arc, flash specific to data centers. If you haven't read them, I would suggest you look them up.

Our class is not new, it's been around since DC Current and Edison but Data centers seem to be a different animal and it's worth the research to take a look. That's an excellent point sitting on both the International Ifsac and Pro Board Committee, I've seen those papers I participate in some of the studies, you're absolutely right. It's been around since the early 30s.

If you look at power how it's generated, secondly, it has changed with lithium and technology changes to power generation as well. And we continue to train on that to try to prepare ourselves by all our years in FBA, 70, Right as well. Like I said, Not worried about the data center. I'm worried about your people. We are too. and we greatly appreciate you having that concern. So, thank you. Back to Utah. Okay, I'm you answered my question, they're Chief. I'm ready for them.

Yeah, I'm back up there and Commissioner pranza my apologies for my non answer on the arc flash but I knew that Chief Heaton would be able to answer it a lot better than me. So thank you for your patience on that one. I was just curious. Did you apply for? Did you get and receive a TPT tax exemption? commissioner, my understanding is that this project did apply for, and it is currently certified by the ACA so eligible for a tpt tech assumption assuming that it makes the qualified investment.

but yeah, the deadline was July the first, I was just curious if you guys You did you get it or you're still my understanding is yes. Okay, I'm be done for a while. Any other questions for? Can I go back and answer? One, other question with us on the makeup of the cooling, the loop system 40% glycol, 60% water. Make sense. for you said 40% water or forty Percent Glyco 40% Black call 60% water. no, but definitely Trivia. Probably, you can make. Sweetener out of it using your coffee. Vice Chair.

I'm with the tax question that was just brought up. So you are receiving a tax incentive. Will you be passing any of that on to the community? So the way the tax incentives work is if you. Apply for your certified. And then you have to make a qualified investment to receive it. Meaning you have to spend a certain amount of money so by spending money on building this project, we're providing jobs and contributing economically to this community beyond that. I don't know that I can commit to That.

Yep. All right, now it's my turn. Um talk about the need for the increased building height, from 50 feet to 60 feet. the 60 feet is kind of standard with these types of facilities, it allows the room for the server racks and the electrical equipment that's required. So it's just kind of what is typical of these types of buildings. That's a six story building in theory. I know it's not but Those are big buildings in the middle of the desert. That the biggest thing is is, you know, maybe a sorrow.

Yeah, there's also 140 foot 500 kV transmission towers coming right through this area. But I think part of that scale is mitigated through the, the setbacks, you know, now that we've agreed to minimum of 170 feet. So you do have some set back and say building placement site design to kind of mitigate some of that skill. um Kind of, as it relates to that scale. you know, and I know the Pinal County doesn't have any kind of, you know, design guidelines per se on the on the buildings.

What I'm seeing on these buildings though, even though you had your your beautiful renderings up on the screen and those are great and thank you for that. That's not often what gets built. Um, typically it's the cheapest, easiest quickest. and especially when there are no design guidelines in place to hold your hold your feet to the fire. There's, there's little or no building articulation. there's little or no. Variances in in height, you know architectural character architectural features.

Maybe there's going to be an office, maybe there's a little bit of a feature at one corner, but the rest of it, it looks like a warehouse distribution center. And when you're talking to 300,000 square feet, this is a big presence. So and and at 60 feet tall, this is a big building. And now we've got five times five.

um what what kind of assurances do we have that you know even even the drawings that you have, and I know these are schematics, but as someone who does these drawings every day, no articulation on the buildings. We're seeing here, you have more detail in your parking lot than you do on the buildings. You know.

if we're going to, if we want these to kind of look like, maybe an industrial park, I don't know, you know, we'll guarantees, we have You know, I don't know if I can speak to guarantees but there's with the scrutiny that's on this type of you. So most of these large data center operators are, you know, investing heavily in the aesthetics that they're buildings to kind of contribute to their overall brand.

And so, I think there is you are starting to see a much higher level of architectural quality with these facilities. Yeah, that's not, it's not what I'm seeing and not and I'm talking to these communities across the country. that is one of their regrets is. We're just getting these big boxes.

We're not getting you know, architecture that complements there and granted there's not a lot of architecture out here that to complement as of yet but as some of these industrial projects from Casa Grande, keep moving. west on. I ate like they, they have been and are that may change. And and I'm concerned that these are going to dwarf some of those projects and and, you know, if they're not that same standard, so but it's hard to hold you to a standard that we don't have. So, Let's see.

Have you met with the cities of Casa Grande and the city of Maricopa? You're kind of, you're in the the Overlay district for Casa Grande's general plan. you're less than a mile off of the boundary of Maricopa's, General Plan District. Have you have you talked to either either? Cities and got any feedback from them.

We have we have have relationships with city management there and through the major comforts of plan amendment process Obviously, they responded to this and they said, They have no opposition to this project. Are you sure about that? That was what the corresponds we received during the major comprehensive plan process. It wasn't the phone call that I received from the city of the city of Maricopa official two days ago, right? Casa Grande not America. Okay?

I'm not talking to anybody from Casa Grande but I know for a fact Maricopa was not in favor of this. We have not talked to Maricopa. As you mentioned, this is in Casa Grande's, planning area. It is. But like I said, it's this is one of those areas that could go either way, you know, it's less than a mile off of Maricopa's general planned area and you know that boundary shifts. You know, periodically. So Oxide fuel cell. System. Not familiar with the technology. How is that?

Technology been tested. And it's operation in a You know, balmy desert environment. So, they've been, I would say that they've been around for quite some time, right? They've been tested across the US and across you know, North America. What's becoming what's happened with these is they've become available and allow for a more rapid build-out. to the data center sites.

So this is an evolution I think what you're gonna see is to date, you probably are going to see 20 or 25 megawatt facilities is the upper end of some of the fuel cell type facilities, but the expansions is happening. the fuel cell vendor that we're working with is expanding their ability to manufacture these as quick as they can. And there's been a number of announcements that are going to rely upon the the fuel cell option on a going forward basis for speed to power.

And I can appreciate that but you didn't answer question. Okay, so How have they been tested here in Arizona? My questions. Let's go back, two or three years. Yep, ago where I don't remember the exact number but was on a hundred and ten days of a hundred and ten degrees or more consecutive many of those and under 1820 degree range, potentially even higher.

We get, you know, asphalt and other things that it's going to raise that temperature even more how fuel cell, you know, all kinds of connotations come to mind all the sudden as they're sitting out there baking in 120 degree heat day after day after day after day after day, at some point, they're gonna break down and what testing has been done to ensure that doesn't happen to cause fires to cause, you know, meltdown and you guys are going off grid.

So now downtime that, all right, that's all ruined. Now, we got to go back on the grid and I'll let Brian. You're just talk about that here in a little bit too, right? So the systems are built out, they the manufacturer has this specification for the heat rating. I believe it's 60c, but I need to check that meaning that it can operate here. in a reasonably reliable fashion. In addition to that, the site is built out a little bit beyond the mega watts. They're required on site.

So for example, when you say, it's just like a utility that has a reserve margin. They say You know what, we're gonna have failures, we have all units. Out there. But we need to plan for a hundred and fifteen percent of what our load is.

So, for example, if I have 100 megawatt load, I want to make sure that I have 115 megawatts of resources because I have to account for that, and in a similar fashion, the same, the same evaluation is done behind the meter because we have to be able to provide that same level of reliability a data center Operator isn't going to come here and say, Oh, I can be on 99% of the year. They won't do it. And so we make sure that we go the extra distance to incorporate redundancy for reliability purposes.

I hope that gets to what you're asking, I can go back and get the temperature rating for the fuel cells, if if you're as as a design professional that, you know, I've been designing in in our climate for, you know, all different structures for almost 40 years now. knowing what our son does to just normal every day. Having something that sounds like it's kind of unproven in our market. um, Causes some pause. I I deal with with companies all the time that want to bring their product in.

It's not this it's, you know, whatever it is. Oh, I've tried Phoenix. Oh yeah, we're good. And then five years later, we're ripping it out. and replacing it, because it didn't. Hold up. I'm proven products that people people that don't live here and build here and work here. Don't understand what happens here. understood and I I was, you told me, hey, there already building these things and there's a thousand of an operation in Saudi Arabia.

I had a different discussion, but you know, those about, that's about the only other part in the world that can relate to what we deal with here. Yeah. understood. And for background, I plan the electric system for a decade at APS. so I'm very familiar with the, the heat requirements. The operating characteristics that are required for these I don't have it at the tip of my fingertips, for the, the rating, but I can get it to you. Thank you. Again. Keller sent you some pictures just real life.

It has to be as high as it is. Okay. I'm just through my notes, sorry. Well, will the facility be completely self-powered it build up with? With the fuel cell or the generating system. Correct. It'll be an entirely. All the power of a site will be generated on site.

at or before you know, build out Seebo it might be phased based on availability of equipment, but yes, by the time, you know, the first building is powered, it would be powered on site by the generation on site, it won't be connected to the grid, I think is what your question is. What is the contingency if onsite generation fails? Fine. What you mean by fail? Doesn't work. I mentioned a minute ago. It's you know, we have these fuel cells. We thought they would work in 120 degree heat.

Then they don't work. And go to turn on the lights one day and they don't turn on. What, what happens? Well, as mentioned the project will be designed with redundancy. I mean I think in in the future we would like to pursue interconnection for reliability but this plan is to have, you know, this this is proven commercially proven technology. So there's, you know, kind level of confidence that this will work and it is working on data centers around the world.

well, doesn't sound like we have a lot of data on these fuel cell things, so Their lives per my question. So I'm going to steal a little bit of thunder here. Probably one of A bigger challenge that I've run into. As it relates to this this project. Is a letter that I received this morning. And I'm going to. Brian, I'm sorry, I'm gonna steal your thunder just a little bit here, but Apparently, you guys have been talking to Ed3. You know, to limited degree for a little over a year.

They, I guess sometime ago, they had sent you a letter asking a bunch of questions. Just yesterday. Got a response back. And there's some questions. 83 has some some very difficult questions as it relates to the response, the that they received and even, they're not even sure about the legality of project. The quote here. The responses are unable to reach a conclusion on the legality of Project Midway's proposed self supply.

um, there's a lot, there's two page letter, there's a lot more to it, and I'm hoping you're not reading something that, you know, that you haven't or I'm not saying something. You haven't read yet, but You know, power is such a huge thing with data centers. and in order for us to approve these things, If this doesn't go well. Everyone on this board will get crucified and the board of supervisors and staff and so on. We've got to answer these things and be accountable.

and when I read things like this, It makes me wonder a You know, why isn't there, you know, when you were here in? Last October, there was some questions on discussions with Ed3. Now you're back again and it sounds like there's still some of those questions as you know you're having with Ed3 and it's not being met.

and if this is the letter, the level of, you know, communication that we can expect with the local power company, As a commission, they're going to speak for myself, but There's a lot of red flags here and What promises that you're making here? Going forward, we're not going to receive the same kind of You know. Challenges. Sure.

question, shared the I mean, We've been fairly clear, I think with Ed3 that we didn't intend to file a load impact study and go through the Load Impact, Study application process until the site was entitled. because that's significant investment requires a lot of Financial engineering commitment to understand what that interconnection looks like we've been clear. I think from the start with, with Brian 83 about when that would occur, The power design for this project.

Allows for onsite or a proposes on-site generation to provide. all the power that's needed for this project in the interim period before interconnection would be pursued.

Interconnection will not be pursued until those studies are done and it's concluded that that is a mutually beneficial situation where this project would benefit from the reliability of the of the connection to the system and the system would benefit from the revenue generated from a large user that can then be spread across the entire rape base, the revenue, not the cost. And this this project is committing to pay for all costs associated with.

Infrastructure upgrades that are needed to support interconnection. But All those kind of detailed arrangements and agreements would come following a loan impact study, which we've said would come after entitlement because there's a, you know, A load impact study isn't very helpful. If the site is not allowed to proceed with the data center from accounting, zoning standpoint. and I would, I understand that. To a certain degree, maybe agree a little bit with that on the flip side.

Let's go, let's step back. And look at the you were here. You sat through it. The case just previous to this one. Came through Solar is a hop button in our county. They came in and said, Look, here's what we have. We know solar is a challenge, We know there's some issues here but we've already partnered up with these electric companies. We have their support, you know, maybe they're not getting 100% out of it, but they're here to support it. Yeah, I get that.

You want to spend the money now and it's expensive. but, Letters like this. What what's it going to cost, if you don't get it? And at what point is it worth it to? Hey, let's let's bring everybody on in on board and, you know, Coming here with that, support speaks volumes, especially when power is one of the biggest challenges, the data centers are being you know, faced with across the country. I think. Yeah, my view is that was a huge mistake.

Total understand and I think we wish we had 83 support at this stage. I think noted wasn't that case you mentioned? They first came through in 2021 that was five years ago and there's a kind of a speed to power issue right now and so this on-site generation solution allows this project to move forward with a generation solution in the short term while pursuing that interconnection opt in in the in the medium to long term.

To that point, is there a you know, this, you know, the fuel cell power generation is there a facility operating in Arizona that we could Anybody can go see. I don't know if there's any facilities operating in Arizona, there are in California and I think Texas and some other states. Okay. Everybody else have anything for the applicant. Comment question. So if you're power generation fails, Ed3. Is that no obligation to have to tie into you? Correct, that's correct.

So you're willing and taking on the risk of Having this go down. If your power fails. That's on your client. That is correct. That is that is the risk that, you know, they're confident moving forward with because I think this is not a likely scenario, but yes, it is not it would not be connected with it. 83 Short of a, you know, going through the entire process for interconnection with E3 at this initial stage In Quota island mode and the risk is all on the developer.

It's a big risk for something that might not be tested. Multi-million dollars billion dollars or whatever we said, so that's on. The client. So okay. Did I hear you correctly? The kind of in and out. Right now you're in Ireland. But eventually. you will hook up to Is that correct? Or is that or you're just gonna remain an island forever?

The goal, Excuse me, Commissioner The goal would be to ultimately connect, but there are, there is a process to go through and a lot of studies to be done and agreements to be made before that process can happen. I think that is the intent for the future, but in the interim basis, this would be in quote, Unquote Island mode, and and soft relax. Will 83 be hooked up to your substation in the interim. No. So, you're completely isolated. Correct. So, the risk is yours. That's correct. Apartment.

Alex, I'm not sure that's true. Like Commissioner Snuff said, if you if there's a catastrophic pillar failure of some sort I think Ed3 has a ccnn. For that area. So there, you know, they're, they're pretty, I think they're obligated to provide power at our last resort, so puts them probably in illegal. situation, if you Have to call them. You're out of power, and you call them and you say, Hey, we need power it. There won't be any physical connection at that point.

So until it's connected to ed3 and they have resources that can serve it, be ours or their own, it would be disconnected. This is a self supply situation where the I'll say the, the property owner is providing electricity to themselves, which I saw the letter, we believe is permissible in Arizona to, to self-sup supply, your own electricity So you're truly planning on being off the grid. Right? We so part of what we're trying to balance here is there's a need for power today.

And I think you saw the letter that, you know, it potentially could take years to get connected to Ed3. And so, what we're trying to do is bridge that which has become it's become an accepted practice across the industry, over the last couple of years. And so what we ultimately, we do want to utility grit, a utility interconnection, but to get the project up and running in a reasonable amount of time. We have, we want to do the the island mode prior to utility connection.

I have a question, so Arizona Corporation Commission govern you as a as your own utility Or you're not technically utility but you're a power supplier. Yeah, we would not be a utility. Nor do we want to be utility. It's a self-supplied generation, which is so the state would have no governance or authority over the. SO, whenever you build any kind of power plant, that's over 100 megawatts. You have to go into the line, siding committee, and get everything approved Okay. Any other comments?

Thank you guys. Put that, I'm gonna open up the Public Comment Section. Of P-z-008-26 and P Z Pd007-26. Sure. um, Alright. Thank you for having me back again. Brian, you're just general manager for Ed3. I don't know about you guys but I heard three things. It's the same project as a year ago. if remember, I was here a year ago, And the 83 logo was up here. And we're getting power from Project Bella, and we're getting power from Ed3 and the Grid. That was the story a year ago.

They never talk to us. Now, it's a different project. It's not the same as a year ago. It's completely different. We've heard that it's a behind the meter. And a island mode configuration. Who's meter because behind the meter would be our meter. Island configuration would mean that it has the ability to go on the grid. There's been no coordination. With ed3 as to what that looks like. Then there's a concept what we're going to transition to utility service in the future. Okay.

What does that look like? I can't answer that neither can you neither can the applicant? That's concerning. We're talking about a 2.8 billion dollar project and we can't make a contribution of maybe a hundred thousand dollars to Ed3 to do stuff to start to planning and study work around this project. there's, No, emissions permit. There's no contract for gas capacity. There's no contract for a gas supplier. Where is the 2.8 billion in financing available? I highly doubt.

It's going to be built anytime soon. Who is the customer the ultimate customer whose data center is this? It's the exact opposite of the solar project, we presented with Epco. and we let we laid out all the facts who's involved, who's getting the power, who's behind the project? Very different from this sort of project. There are upwards of eight gas projects proposed within ed3 service territory. Commissioner Scott. I'm going to pick on you. What if all those gas projects?

Go to data centers and Island mode, not benefiting the grid or the utility system. well, that would be a problem, it would be a problem, big one and so Ed3 wants to understand. How is this project actually going to be developed? How can we do it safely? How can we do it reliably? How can we structure it so that there's mutual benefit? if there's large power outages or some sort of issue, Can we curtail load and still use that generation to make sure the AC? Is on and people's homes.

We have a lot of questions. We're not saying to absolutely deny the project. or basically asking to postpone action so that we can work out a plan with the applicant. In a collaborative way. So we can all be on the same page. And develop infrastructure, which is in the best interests. Of the residents of Pinal County. Thank you. Thank you, Brian. I think we have a question. Sure. Just a quick question for you. How long would it that talk take.

So if we were to continue the case like what time frame Could take upwards of a year, okay? All right, depending on depending on again, we don't have much information about the project so we don't know, you know, how's the transmission system impacted the bulk? Electric system house the distribution system. What are the controls? What are the SCADA configuration? are? Are you part of a balance in authority or you're not part of a balancing authority?

How does that relationship work with EPO and wapas BA all those things? I just want it. I complicated thing. No, I'm just trying to give you an example of all the things that you look there. Yeah. So thank you, I appreciate it. I have a question. So is there a Arizona State Statute or Arizona Corporation Commission? That says, you can operate your own power supply under a certain megawatt. So you get us being your own power generator, utility. I'm not an attorney.

I don't pretend to be an attorney. His name is Darren But there are legal issues around that, okay? And we cannot say whether this is structured legally or not. We would like our legal counsel engage with their and we would talk through what exactly is this project? What does it look like? How is it structured? To answer that question so I can't answer. Okay. Okay, thank you. Thank you. Brian. Christina Dugan. Sorry, a phone over my lunch box. Probably. Hello. Tina Dugan again.

I have spent the last several weeks, actually the last two years, researching data centers speaking with experts, Reading, technical documents and listening. Careful to today's presentation. I appreciate the applicants willingness to answer questions. But I will continue to have concerns about the Midway Data Center. And we were told that the cold loop systems filled with water once and no more water shoes and I don't believe that's the complete picture.

And I believe you asked the same kind of questions that I did. Noise is another issue that deserves more discussion. I've actually gone to the data center as you might recall in Chandler and I knocked on people's doors and I actually talked to them about the noises that they heard most didn't care about the hum, but they definitely cared about the generator testing and I don't believe that that was addressed clearly and I truly don't believe that modeling is going to tell us.

how it's going to be disruptive to the animals and the people who are living a rural lifestyle, our family does own property, very close to this. Proposed project. I'm also concerned about the emergency response, we know that they're working on a fire department.

But just because they're working on, it doesn't mean that when they get ready to do this project that that fire department will be in use, it depends on the Bella project being done and a lot of other variables that have to go in there and I just don't like speculating on what might come. I encourage you to think beyond today's presentation. Technology changes ownership, changes, and promises, can change.

and as you might recall and I believe that Chairman Club mentioned it, they came up here once before and said they've been in talks with Ed3 and we found out that that was definitely not true. One thing I've learned from sitting through the many hours of presentations that I've watched here under planning and zoning in the border supervisors, a lot of promises are made and there's absolutely nothing to make sure that they follow those promise promises.

if this project moves forward conditions of approval should include many, many stipulations, And there have to be meaningful consequences, if those commitments that they've made promises for today are not met This is one of the largest projects we've considered and we have the opportunity to get it right? I urge you to vote for denial on items enf today. Thank you. Thank you, Tina. Nancy Hartle.

This originally said, good morning, but good afternoon, chairman and vice chairman and the members of the Commission. I'm Nancy Hartle I live at 32063 North Schneff Road, one number 1003 San Tan Valley. I have also scratched out and changed my entire talk today as all this discussions gone on, but I have to tell you, this is the most incredibly interesting board that I've ever gone to You guys do so much work. It's been really educational.

So I think I wish more people would come and understand how difficult this really is because the in-depth questions you have are very, very educational and lightning and makes me know that you're really care about what you're doing. So I appreciate that this is only the second time I've been to this board. I came on June, 18th intending to speak against data centers.

Once again, the meeting went till five o'clock and I had to leave, but I didn't get to speak or anything but just prior to leaving, I spoke with the people that were here. who lived in Eloy and the lawyers. And they can, they made me realize I Enough about data centers to speak negatively about them. I was here to oppose them. Well, since then. Well, what I did is I said tell the board I've changed my mind.

Well, they told you that I changed my mind and support of data centers that was incorrect. I changed my mind not to speak. So I do I'm here today to clarify, I'm against data centers. I'm opposed to them no matter what he said Today. I know that they are a threat to our water and water is life. So so I'm here, they just to clarify that I oppose them, although I'm better educated on data centers. I'm still not an expert just a very concerned citizen.

I recently sold my home in Sun City anthem mainly due to the concern of the dire water. situation in Arizona. It's a state with four that's 45% desert with 26 years of drought, both Lake, Mead and Lake. Howell are down 75% from peak as a seventh states relying on the Colorado River. Unable to agree on Watershing. The Trump administration is considering a plans to direct the Bureau of Reclamation to cut the lower base and allocation and water by up to 40%. Those Arizona.

Now that discussion today by this young gentleman gives me a concept of a plan, kind of reminds me when I bought a car. The first year it came out, and it was just full of bugs. And I think this is kind of full of bugs, too. And I, kind of think you guys all felt that same way about it. There's a lot more to be learned and so forth. So Arizona is a prime target for these data centers. You ask, why?

Arizona it's mainly due to the huge tax breaks Unfortunately the governor has put a three year suspension on those breaks to the corporations, but there are already many Projects in the Works. I every document documentary testimony an article I've ever seen about people living in near these data centers. It is negative, the high cost of these centers to our health communities state, and our planet is immense.

When speaking to boards, I normally list all these possible effects but of course, I don't have time now because I'm about running out of time but I just want to ask you, please be our advocates and stewards of the Earth. Remember it is we the people not, we the corporations. So, you know, please do your best and as you I'm sure we'll do in making your decision. Thank you. Thank you. Lori. Fuller Statement. By Robin Davis. Robin, do you want to speak?

We also got the letter that Lori had wrote, so, Much. Okay, you choose how you want to spend your three minutes. Okay. Lori's been watching and she said, No, please don't read my statement because I have in here because you guys have all done a really good job and asking the tough was. Inquiring about. So she applauds you guys and you have done a really good job and that she did ask for continuance on this for all the reasons that have been presented going on.

some things that I noted down is the applicants continue to kind of really spin about this. The jobs in the water. We know the jobs really aren't there, there's not many people but in the water in in. So the in point about a closed loop system and this is one thing I read out of the imperial press from El Centro, California. The Imperial Irrigation District is being sued. By an existing data center. For water rights after promising.

Not to use iid water, they were on a closed loop system and now they're suing them to get water rights. Well, we all know El Centros, just the other side of the desert there, so excuse me. if I don't believe the applicants claim of a closed-loop system, And that they'll never use water. so, and if you put it the stipulations Excuse me.

Again, I don't trust the stipulations because you know, the applicants all say Oh yeah yeah we'll put it the stipulations and their suggestion kind of means nothing. If no one is watching the hen house. If they're not, if no one complains and no one is watching. Nobody knows that they're doing anything wrong. And again, the people supporting these types of projects don't live in Pinal County.

So, why are they just going against the residents of Pinal County and the people that show up at these meetings? Display that, you know, we don't like this. It's the people who live here that I think ultimately should be swaying. Your decision. instead of these lawyers who were making big bucks, To try to do this. So and I agreed with Nancy, This is a threat to water this In one of the things in the land last item is the Pinal County Fire and Water Authority. Are they yet and approved entity.

I don't know. Just asking, I'm curious. I the last, I heard that maybe they weren't, I know that they encroached on a lot of things are made a lot of promises as other. Fire, departments are just on paper. There's another one that's just on paper and doesn't have any facilities. So these are I think a lot of questions that we really need to hammer down before we even allow this to go forward. So I'm asking for a denial of recommendation to send it before the Board of Supervisors.

These guys are not ready for prime time. Thank you. Thanks Rob. Step handle. How's the day? I'm trying, man. I'm not funny, I'm not judging, it's okay. No judgment zone here. Arizona. Technology Council 2800 North Central Avenue Phoenix. Um, for all, I want to thank the residents who are here. Who are making comments, providing comments. First, I want to thank them. You can obviously tell they are very very passionate about Pinal County and they should be. This is a wonderful place to live.

Wonderful place to call home Also, I want to take a moment and Vice Chair. Mooney knows this. I think you all in front of the Board of Supervisors very recently because you all are the most diligent planning and zoning commission that I go before. I mean, no question goes on answer or unassed. You know, no issue is overlooked and that just shows you all really really care about this community. I mean, chairman club. You said this that you have to be responsive to the residents when you see them.

Now, regarding this project. Again, Arizona, Technology Council is a trade association. All the major data centers are our members and I have been all across the state over the past year and a half advocating for these facilities. And the one thing that really stands out to me is that the location has to be right. And when I say location has to be right, it needs to be set away from residences. It needs to be a way from home. That's what we have with Project here.

It is away from homes away from residences, very good, separation, requirements setbacks etc. That's the first thing you want in a positive data center, development. Second, you want a developer who is willing to answer all the questions and know that. Hey, I don't have the answer to this but I will look into it or I will do my research and get back to you. And that's what we have here with Mr. Hayes and his team, they know that.

Yeah, there are a lot of questions that were remaining, but a lot of these questions are answered after the entitlement process from what I've seen and I've advocated for over 25 data centers this past year and a half that I've been in my role for the Tech Council. So with that, I just want to say, Arizona, Technology Council obviously isn't in support of this project isn't supported. These rezoning proposals Location is right? This is a burgeoning tech court or tech hub.

We're going to see more industry coming in and that's because a data center is located here because data centers. Help manufacturers. National defense companies etc they all use data So, whatever the end user is, they are going to be working with other manufacturers who are going to relocate here. And that's what we want to see. We want to see more high quality jobs, and more tax revenue in that sense. So with that, thank you very much.

Appreciate you taking the time to hear my comments and we ask that you do support Project Midway. Thank you. and the last speaker card that I have is or any project In this morning. Mr. Chairman and Commissioners. My name is Aidini Pajak, and I love off of Paisano. The staff report says that the burden of proof is on the applicant to provide the required information at this hearing. And there are a bunch of things missing from this packet.

And there is nothing binding about how this project makes power. It mentions fuel cells, gas engines, impossible, future grid connection. connection. This is a menu and there will be no further hearing about. What they decided to do. None of the types are stipulated. It does not tell you where the heat goes. Stipulation 18 says, Air-cooled or closed loop and only for the, IT equipment, a closed loop. Just means the coolant circulates in a sealed circuit.

It says nothing about where the heat goes. When it leaves that circuit. It can go to the air which uses almost no water or through an evaporative cooling tower, which consumes water continuously Both of those are closed loops, stipulation, 18 allows for either. It does not establish that a water source has been secured, the main memo replaced the earlier plan for an on-site well with anticipated service from Arizona Water Company and refers to a water campus that is still being contemplated.

There is no will serve letter in this packet that I saw So we don't even know that it's going to use Arizona Water Company. We are in the pinal Active Management area where we are facing significant issues. So this is really important. It does not tell you what this project puts in the Air, 90 pages on Noise, Two memos on water, air gets one sentence, a permit will be required but after the rezoning vote. The noise study models 112 genbacher gas engines in one scenario.

54 wartzilla gas engines in another and fuel cells in a third. Those are different projects that require different water and different air. They modeled 112 engines for sound, they could have modeled the same engines for