Apc - Regular Meeting

You got that?

Yes. Yes. Okay. Uh we're going to go ahead and get started with our public hearing for tonight on the moratorum. I'll just lay a couple of rules as we get into the public hearing for tonight. Uh we did ask that everybody that wants to speak uh sign in. Uh we're going to ask for about three minutes to provide comments. We do ask that you be respectful um and that we allow everybody to cycle through with their comments before you speak twice. Uh just remember that all comments should be directed to the board as a whole rather engaging in any direct debate with the audience or other individual members. uh to ensure the speaker can be heard. Please um we ask the audience to remain quiet uh during it and uh make sure you come up and use the microphone so that it's recorded and that we have uh that everybody can hear you. Uh if if we do have any trouble tonight, we'll give you a warning. Uh and then uh you have trouble unfortunately, we'll have to ask you to leave. So those are kind of the ground rules that we're going to run for the public hearing. Um we're thankful that everybody showed up for tonight. So, we'll go ahead and call the public hearing to order. This is

Wednesday, April 8th, uh, 2026 uh, for the Miami County Plan Commission. This will be a public hearing on a data center moratorum. Before I open it to the floor for the public, any questions for the board as we uh, open the public hearing? So, do we go ahead table? We'll be back next right after we get done. moratorum.

Yep. So, this will be on the moratorum. So, public comments um on any of the language uh that was included in the draft more moratorum that was there. Any comments, Mr. France, before we get started? Okay. Hearing none, we'll go ahead. Uh Tori, you're first up on the list, please. I don't have to give my name or address right. Right. Okay. Yep. Excuse me.

Good evening. I am here tonight to respectfully urge the planning commission to vote in favor of implementing a moratorum on data center development. As it currently stands, the proposed ordinance requires significant additional work in its present form that leaves both residents and the county vulnerable to the potential impacts of these developments. To put it briefly, one of my primary concerns is the decommissioning provision as it does not provide any form of financial assurance or bonding. I know we're not reviewing the ordinance. Sorry. Um I have outlined all of my uh concerns in my written review, but the central issue remains the same. This ordinance is not yet sufficiently developed to ensure the protection of our community or the county. as it appears to assume best case scenarios rather than establishing safeguards for less favorable outcomes. A moratorium, as you know, is not a rejection of progress. It is prudent and responsible pause. It provides the necessary time to carefully evaluate, strengthen, and finalize abdinance that ensures future development occurs in a manner that benefits rather than burdens our communities. respectively respectfully requests that the commission adopt at minimum a six-month monthmon moratorium of not a 30-day should the ordinance be completed sooner the moratorum can be lifted accordingly this is an opportunity to demonstrate a commitment to thoughtful governance and to the long-term interest of the county and its residents I respectfully ask for your support the entire board support in protecting our county thank you Okay. Uh, is it Dwayne Power?

Oh, sorry. I got to read from the script or paper like that, but People that vote for this, if we're going to have it in the county, need to know what you're voting for. You need to know also there's pollutants that's going to be left over when these things are dead and gone. It's going to cost millions of dollars to take care of and that needs to be bonded somehow. That the environment is never going to be the same. You know, I have grandkids. Hopefully, you folks have grandkids and you want them to grow up in a nice old county where it used to be. I used to swim in the Wash River. I won't even wait in now. That's my feeling on it. We need to stop. I'm not I'm not against progress, but when it's going to cost so much, but lives, the environment, and everything else, I I don't want it. I hope you folks understand it. Thank you.

Okay. Thank you, sir.

Okay. Uh Susan Hi. Um, I know I've spoken to you guys before, so they said a lot of good things, but as a, you know, a resident here, these things, I don't care if they do end up having their own quote power plant, it if it's going to somehow tie into ours, then somewhere along the road, we're all going to pay for it because our bills will have to go up to help the infrastructure that right now we don't need. But you go sticking one of those things in somewhere, all of a sudden we're going to need different things. The pollutants, as Dwayne said, there's also a lot of things that people don't think about like the bees and the monarch butterfly is already endangered. I mean, think about it. When you were kids, we saw monarchs everywhere. When's the last time we saw one? They're, you know, so this is just totally wiped those out. Not to mention another tale. Was it 151? Yeah, 151 other endangered species in this county that's trying to survive. So, I don't believe it when they say about they're not polluted in the air. Yes, they are because the noise and the vibrations is that's what's going to kill our bees. That's what's going to kill your crops. The water that they use from the ones that I've been hearing about suck from about 30 miles off the ground. So I live north county. If I go to Waw Bash, it's less than 30. If I go

to Rochester, it's less than 30. If I go to Logansport, less than 30. And Cooko's just about on that border. So imagine that whole area all of a sudden, no water. No water. we're already going to be in a drought. So then you add that on top of it and there go your crops and your cows and everything else. And I think this is a proud farming community. I'd like to see it stay that way. I know there's an answer out there and I honestly would like to see it just flat out banned because I don't see where they're doing us any good. You know, we're not getting taxes off them. They are not pulling people from this when it comes right down to it. All I see is pollution and annoyance.

That's about all I've got to say. Thank you.

I don't have too much to add to that. I just want to know that I am in favor of at least a six-month moratorium to work on the language of the proposed data center ordinance. Okay. Uh Bob Johnson.

Hello. Uh everything they said was great. I'd like to add maybe no end period to the moratorum. Just leave it open-ended or something like a fiveyear moratorum. Give us ample time to get our ducks in a row. Um, I just real quick since I sat down, uh, did a little Googling and found out that Fulton County, Start count, all these in Indiana, Fulton County, Stark County, Jackson County, Marshall County, Palaski County, White County, and Putnham County all have moratoriums in place. Leort and Border County want them to be in industrial zoned only. And then uh other states, Georgia, Maryland, Michigan, New Hampshire, New York, Oklahoma, South Carolina, South Dakota, Vermont, Virginia, Wisconsin, Pennsylvania, Minnesota, uh St. Charles, Mississippi, and Dol County, Georgia, Georgia have all put moratoriums uh in action. They're they're not necessarily in place, but they're uh what do you call it? like what we're at getting and they're been

trying to get them in place. But, uh,

yeah, I'm for an outright ban, but let's let's get one in place to let us get our ordinance done. Thank you. I um I'm worried about the water. I was around when they put 24 in and they dug muscleman's pond and you know high school was great and we were watching the new highway go in and all of a sudden our whales went dry. So I know firsthand how fragile our aquaer is, our water system is and I don't know that we're doing enough study prepare. How do we address this? You know what is the recovery time going to be on the aquifer? They're going to need water from somewhere. So to tell you or to believe that they're not going to take it from our wells, you know, I don't know about you guys, but you know, they have to get it somewhere. These types of facilities have to be cooled and they can't do it without water. And they're destroying Texas. And I don't want our little tiny community of Miami County destroyed in that way. And you know this is a great thing. All this information is coming to us over the internet. But if you want to know how bad they are, look on the internet because they are destroying every place that they've set them up. So I please ask that you consider moratory. Miami County doesn't need to

be destroyed by this. It isn't to our benefit. Thank you. That concludes the list of public speakers that we have for uh for this public hearing. Any other questions from the board? Okay. Hearing none. Do I have a motion to close the public hearing? I motion that we close the public hearing. Second. Any other discussion? All in favor say I.

I. I opposed. Motion carries. So, we are adjourned out of that public hearing. I'll now call public hearing for the data center ordinance to order. We have uh for Wednesday, April 8th, 2026 for Miami County Plane Commission. Uh do I have a motion to table this hearing and advertise for next month? I motion that we table it and have it next month. Second. I have a motion and a second. Any other discussion from the board on that? All in favor say I. I. I. Opposed. Motion carries. Do I have a motion to close the public hearing? Second. Second. Any discussion? All

in favor say I. I oppose. That public hearing is now closed. Okay. We will go ahead and start. I will call to order. This is the agenda for the Miami County Planning Commission monthly meeting for April 8th, 2026. We'll go ahead. Can you tell us who uh motioned and seconded the that one? I had Fred and SP. Okay, we're calling to order the monthly meeting for the Miami County Planning Commission. This is April 8th, 2026. We'll call this to order. Can I get a quick roll call for attendance, please? Yep. Tim Wine here. Dan Hunt here. Brad F here. Scarlett Graves, present. Brent Palmer. Brad Muscleman here.

Jamie Hopper here. Wette Smith here. Greg Wilkinson here. Courtney Schmidt. Okay. We'll go ahead with uh the minutes from the previous meeting that were emailed out. This will be for the uh March 11th, 2026 meeting. Any discussion on those hearing? None. Do I have a motion to approve? A motion we approve as presented. Second. Second. Any discussion? All in favor say I. I. Opposed. Motion carries. We'll go ahead with the staff report, please.

Sure. Looking at the things looking at uh what we were able to do in March, we did issue 31 permits. That was about a 35% increase in permits compared to last year. Um those 31 permits included two carports, two decks, two demolition, sorry, three demolitions, one new dwelling, five electric, two fences, two garages, a manufactured home placement, a pavilion, two personal solar energy systems, six pole buildings, a remodel, and three roof permits. Uh you do have three a permits that are um on the docket for tonight that you'll look at here in just a few minutes. We did close out 44 permits which that's booking it through them. Um so exciting to see that big of a number there. We did issue five split applications. Um we did not assign any addresses or issue any stop work orders. Um that's already changed for next month. So, uh, looking at the revenue that we brought in from our permits, we did bring in $8,779. Uh, BCA has six variances that have been applied for. Um, variances will be heard. BCA had to move their meeting. It'll be next Wednesday, uh, here in the same room at 6:30. So, they'll look at those six variances. Then, we did have 19 contractors register. Uh, that was a pretty significant jump from this time last year. Looking at our unsafe buildings, we did have three complaints that were turned in. All three of those did turn into unsafe cases. Um, and then I did issue a $2,500 civil penalty uh for a willful failure to comply with a rehabilitation order. Uh, in all, we have 40 active unsafe building cases that I am waiting through at the moment. And I think at this point, Brooke can handle our violations.

maybe. Okay. For last month, 26 new complaints were received, 15 of which resulted in new violation cases. Seven cases were resolved, bringing the current total to 119 active cases, which is a 25% increase from the the 95 active cases this time last year. It appears as though spring cleaning hasn't uh caught on just yet. No cases were sent to the attorney last month, leaving 25 active cases still in his hands. Four fines were issued totaling $400 with $100 collected for a violation fine. No partial judgments were received and no leans were placed or waved. Of all the new violation case complaints involved, oh yeah, they were all involving unlicensed dismantled vehicles, trash, or a combination of both. Overall is a pretty busy month and we are beginning to see the seasonal increase in complaints as the weather continues to improve.

It uh looks like whoever anominous is was busy in the town of Macy. Yep. That was all at once. Do you have any I know we discussed this at least two months ago. Is there is anything getting better with the mailing of certified letters? I know for a while we were having kind of a lag in certified letter. Is that better worse? It is within safe buildings. So, let me get my microphone back. You want this? No, this is all right. You're about to be embarrassing.

Thank you. Um, I've had like I sent all of those notices to Macy already and almost all of them have already reached out to me and I sent them last week. So, I've been hearing back within I mean, they're not getting in compliance uh within the 10-day period, which is fine, but um they're at least calling and asking for an extension. Yeah, I know. I had some concern the mail was taking a long time for them to receive. It seems okay. Okay. Any other questions for the staff on the staff report? Okay. Hearing none, we'll go to expenses.

Sure. Looking at our expenses, um, all of our standard kind of expenses in here. Phone bill, um, Mark attorney bill, um, paying for advertisements in here. We did have quite a few different, um, legal notice reimbursements. Uh, the one that you will see, we did get paid for a violation case. So, that was a $500 payment um to cover some attorney fees that we had already paid out. So, that's a good thing. Uh we did have to just recently um this past week did have to have the new or the truck in for two new front tires. Um that's three consecutive years of new tires. Um so they replace the front sway bar links and uh did an alignment. So hopefully fingers crossed we've got this fixed. I'm tired of buying tires at this point. Um, but ultimately, uh, looking at our budget, we still have, see, $78,6847 remaining. Uh, we've only spent about 25.37% of our budget so far. Um, that's not accounting for that uh the comp plan review uh that I carried over from last month. That was kind of inflating and showing that our budget was not even being spent. So, um, we're on track right now, um, 3 months into the year. Well, roughly three on four months now. Uh, so 25% spent so far.

Okay. Any questions on the expense reporting?

Hearing none, the committee, uh, do you have any updates on the comprehensive plan, Corey, of where we're at? Um we are in the process of finishing out the first phase of the comprehensive plan which is that data collection piece and so we've had those open houses at the fairgrounds and then we just have started in the last week and a half two weeks um spring breaks have thrown a little bit of a wrench in things but we have reached out to the schools and we are doing the youth engagement piece um so I believe either a social studies the social studies classes or the econ classes at all three of the uh school systems in the county will be doing a survey to help us with some of that data collection for the comprehensive plan on like what they would like to see in the future, what would bring them back as um residents here and and things like that. So, I'm excited to see uh that and I'm happy that all three of those schools kind of bought into it. So,

okay, sounds good. Any other committee reports anybody has for tonight? I have one more thing before you Yes, sir. Uh so you'll see in your files there there's an orange presentation that says lean assist. Um I brought this in front of you. Um this is a request from the auditor's office. Megan and I and I think maybe Brooke. Yes.

Uh yeah we set through a presentation last February I believe it was right after the changing of the guard. Um the auditor's office would like to uh see if we would be interested in outsourcing our leans um to in that whole lean process to SRRI. It's the company that I believe handles all of our commissioner sales, things like that. Um the the SRRI would in theory um standardize this across um the board for all the little towns in the county and for us in the city, all the entities. Um we currently are the ones that are handling writing the leans, recording them, mailing them out. Uh and SRRI would do this at $5 per lean. um it would be something that we'd have to build into our budget if that was the direction you wanted us to go. Um but I I just told them that I would they wanted to know if we wanted to do it or not and I said I'd have to ask them first.

Do you have an idea Corey? How many leans do we file in a year from your office? Yeah, roughly estimate. Yeah, somewhere between 50 75. I mean, at this point, I think the target was more to standardize across the little entities, uh, the towns and things like that that sometimes don't always know how to properly put a lean in or all the correct information that needs to be there. I don't feel like we struggle with the lean process at all, or at least we haven't compl had complaints that way. Um, I feel like we at this point in the office are capable of doing it without the company, but I still wanted to throw it by you.

What I'm hearing is your recommendation from the office is that this to not proceed with that. I don't want the words to go out. So, no, I don't think we need to from my perspective, but if it's something that you want us to do that so it frees up other time that we could spend elsewhere, by all means. Mr. France, do you have an opinion on outsourcing lanes? I I don't I think Cory deals with that much more than I really do, so I follow his recommendation. Is it very time consuming when you do it?

No, we have a standard form. I mean, we've done them so much that we have a standard form now and then template that it's pretty much just plugandplay um at that point. So, no, it's not hard. We do it like we release leans twice a year and then I mean as violations come in and they re I mean it's not like we're assessing 20 leans a week, you know. I might do like what three a month maybe. I mean I didn't even have any last month. So just varies. I'm not hearing any strong recommendation in favor, but I'll look to those if anybody have strong opinions one way or the other.

Whatever works best for them. It just continue with what you're doing. Perfect. Thank you. Any other committee reports for tonight? Tim, anything from the party planning committee? Nothing.

Nothing. Awesome. Okay, we'll go ahead with uh new business for tonight. We've got three a permits. We'll get those rocking and rolling here so we can get them on their way. Um the first act permit for tonight is a permit 318-26 Troy and Amber Shipper, 10465 North Stocktail Road in Rowan. We'll go ahead with a quick staff report, please. Uh yeah. So he would like to construct a 3,840 square foot pole building to store farm equipment and uh livestock. Um he brought this in on March 16th. Um it would be a 48 by 80 pole building to be used for housing animals and storing farm equipment. A third of the structure will have a concrete floor where the animals will be housed and then the remaining 2/3 will consist of gravel for equipment storage. There's not going to be restrooms or anything else in there. Old could be cold storage. So,

Mr. Shipper here tonight. Okay. Yeah. Any other questions from the board? You're okay. I see the one building's 40 foot off the road. You're okay with that? There's no varian. The minimum the minimum setback's 35 there. So, any other questions from the board? Do I have a motion? I motion we approve. Second. Any discussion? All in favor say I. I. Opposed. Motion carries. Act permit 319-26 again. Oh yeah. Troy and Amber Shiver. Yeah. So this one's the um southern building there on the parcel. This is a 1200 foot full building for just farm equipment. Um

so you're you're you're requiring a permit for each building. Yes. Um this is going to sit on the existing footer and concrete pad that he has there. and he's actually going to run 200 amp electric service, but there won't be any heat or restrooms in there either. Questions from the board. I motion we approve. Any discussion? All in favor say I. I opposed carries. A permit 320-26 for Blake and Tristan. Is it Pew?

1070 West State Road 16 in Denver. Uh, this one came in on March 23rd. Uh, Blake would like to build a 40x40 pole building for hay storage. It's somewhere between a pole building and almost like a pavilion or or open air pavilion like that. Uh, the building will be open sided pavilion style initially. Oh, look, I wrote it in here. Uh, Blake may enclose it with metal in the future. He's unsure at this point how soon that'll be. No water, electric living quarters or bathrooms will be added to the structure and he intends to build that himself. Is Blake here tonight? You get the opportunity to any questions from the board on this? Have a motion. Approve it.

Thank you. Second. Second. I have a motion and a second. Any discussion? All in favor say I.

I. Opposed. Motion carries. Okay. We'll move on to uh the data center ordinance discussion for the evening. We held a public hearing uh for the moratorum. As discussed, the data center ordinance committee is going to be meeting uh here in about two weeks to review all the comments back from the tour and u all the comments that were asked uh to submit. So uh I Mark I don't know if you just want to say anything briefly. I know there's been some discussion on the moratorum. Could you just briefly remind us the legality of a moratorum? I know there are some public comments tonight on the length of the moratorum. Do you refresh it briefly on that?

So moratorum is not a long-term zoning solution. It's supposed to be temporary and I think some comments are made like that's the opportunity to look into it, develop the zoning ordinance or the regulations around it. And so the the the length isn't set in our in our moratorium. It's pending adoption on whatever regulations we put in place. And essentially we want that to be reasonable. We don't want it to say like a very long term if we adopt an ordinance basically once those regulations are in place the moratorum goes away. So we're trying to pre prevent any company coming in saying the moratorium's been going on for so long you haven't even done anything to adopt an ordinance and then they invalidate the mortorium and they get to come in in place and there aren't any any regulations in place. So it the length and the purpose is temporary and shortterm. So just keep that in mind. That's why it's written the way it is. So, so with that being said, do we even have to put a timeline on it or can we just state we just state that put more in place until the adoption of the ordinance?

That is basically what it says. It is imposed an pending adoption of the regulations. So, we don't need to put a 90day. No,

the longer it actually stays in place, the more likely somebody can come in, challenge the validity of it, uh, and even potentially assert a constitutional taking claim, regulatory taking claim, and then there's a whole of factors that you looked at to see if it is or is not because can't regulate no use of property. It's very fact specific, but it is whenever our ordinance is adopted, the moratorum goes away. So today Mark we there is a or I would say the only restrictions that we have is that data center is an allowed use within industrial and commercial zoning. So the moratorum would say nobody can do anything until we adopt this.

Right? If we do not adopt a moratorum tonight somebody could still come in. However, they would be still confined to the current use table that we have in the ordinance today. Am I am I correct in that?

Yes. So that even if we get a favorable recommendation advisory committee, you're making the recommendation of the commissioner. So it's not put in place until the commissioners approve it and I believe they might have to publish it. I double check on that. But yes, until this takes effect, our current zoning ordinance still controls. And so once this takes effect, basically anybody that submits any proposal, any application for an improvement loc location permit, variance, special exception, whatever, it's paused and can't move forward. Can't be processed until we get our zoning ordinance in place. And this is only with a use where somebody defines use as data center. This doesn't have any effect on any other industrial or commercial use.

And that's where the moratorum defines what a data center is. So if it doesn't fit that definition, it I mean it just proceeds like uh any other use. Does that answer your question, Jamie? Yes. Okay.

Any other questions, discussion from the board? What you would like to do? I would make a motion to send a recommendation to commissioners to impose the moratorum. Second. Okay. I have a first and a second to impose the moratorum. I'm sorry to recommend a favorable recommendation that would go to the commissioners. Call vote. Probably won't do it disordered. Any discussion on that? Any questions? Want to make sure everybody's understands what we're voting for. Well, in favor of the recommendation.

Yeah, the motion on the table is to be in favor of sending the moratorum of the federal recommendation to the commissioners. Okay, we'll go ahead with the roll call vote then hearing. Last call. Last call. All in. All in. Okay, roll call vote, please. Tim Owen, yes. Dan, yes. Brad F. No. Scarlett Graves. Hi. Brad Muscleman. Yes. Jamie Hopper. Yes. Lynette Smith. Yes. Greg Wilkinson. Hi.

Motion carries. Okay. Go ahead and send that to uh the commissioners with that recommendation. Okay. Okay. Um, next we have a consideration of a resol of a of a resolution approving a declaratory resolution and revised economic development plan for the US Highway 2431 quarter by Mr. Ted. You can come up here, Jim, if you want. Okay, we still have a chair, but

no, whatever you Thank you very much. Um, back in February of uh, February the 11th, uh, our board, Mckita board, acting as the red commission uh, for the county, approved this resolution, declaring its intent to establish two uh, separate allocation areas within an already existing tip area. Um these two allocation areas, these two new separate allocation areas are uh called out in the resolution as the north 24 allocation area which is basically the north side of US 24 starting from u basically Connor's property which is across from the entryway into imi on the north side all the way down to eel cemetery. road. Uh so that's and south of Glover's Lane. So that's the first area that we're calling the North 24 allocation area. Second allocation area is what we're calling Crossroads allocation area and it's on the it's south of US 24. It's on and I think in the uh hopefully you've got copy.

Is there a way Brooklyn can we show the map up on the screen

this so that we're just crystal clear because there's there were a couple maps in the different document make sure we're good. This crossroads allocation area is basically on the south side of 24 uh east side of Be Cemetery Road uh right in that uh corner uh before you get right on to uh the reason that we're looking at these two areas is based on uh potential future development that we've had interest uh in those uh the area along US uh 24 on the north side. What we're looking at there uh right now is a travel plaza. Uh that's looking at going uh on that north side. Uh and then we expect with that to be hotels, restaurants, those kind of things that would eventually go all the way down to Eel Cemetery Road. Um we've got plans to extend water and sewer B for meal cemetery road down to um where the TRA plaza would go. The other area that we're uh looking the crossroads allocation area we're looking at a 75,000 square foot building the shell building that we're working on right now uh to go in that particular area. We're working with the developer on that. So, we're trying to set up these two allocation areas to kind of help promote um and encourage uh development in going into those two areas.

Hey, Jim, just a quick question. In this document here, there's like there's a reference to phase one, phase 2, phase three, phase four, phase five. Right. And then then there's a separate page that then says north 24 or crossroads. So is this for all those parcels that are listed or just all of those parcels phase one through phase five that are identified in that plan are already established tiff there's it's already an allocation area. Okay.

What we're doing with the separate now we're taking parcels that are already in that tiff allocation area that larger tiff allocation area and we're setting up a single allocation area just for those developments. So tip and a tip. Tip and a tip. A nested tip. Yeah. So that's the phases. So you can see the

the areas that we're already talking about. Here's the US 24 north border. It's already in a tiff and I think that's phase five. this area over here where we're talking about Fuel Cemetery Road, that's already in phase three. So, we're just breaking it out into a separate application area so that we can track or encourage incentivize development within those tiff areas under a separate application area. Where you want to build that building stack building?

We're working with developers right now about putting it right in this general area. Water and sewer currently runs uh Eel Cemetery Road crosses 24 and goes up to the water tank. So we're talking about in this general area here. There's about 50 acres of land that's owned by a company called Aquanell. And so we're in discussions with Aquin or if the company's in discussions with Aquin about purchasing that land.

For the record of TIFF, for those of you who don't know, it's a tax increment financing. Is that correct?

Tax increment financing. And what it does, it doesn't do anything with existing property taxes. Those continue to get paid. But as we develop the the assessed value that's associated with that new 75,000 foot shell building that will get collected in the tiff and that's what we can use to help incentivize the developer of the building. Question is for Mr. Tid from the board. So basically what you're doing with this resolution is you are um approving the declaratory resolution that our board issued and the um development plan for that area that we're proposing.

I believe the document says that we're basically saying that this uh conforms to our plan of development for the county. Correct. Okay. Now does this go because we're just advisory. I know I asked I asked Mr. Francis, does this go to the commissioners then? Okay. The commissioners the next steps you act and pass your ordinance uh and then and then it goes to the commissioners.

The commissioners hopefully will adopt their own own ordinance. Then it goes back to my board that has to hold a public hearing. Um and then uh at that after that public hearing then they can issue what's called a confirmatory resolution which means that they have taken everything into account. They're confirming their original declaratory resolution and creating the tax allocation. You have an answer on a couple questions you might have. So I I think from a planning and zoning perspective, I took a quick peek at the current zoning that's currently zoned a. Is that correct, Corey?

Yep. Yeah. I think everything on the north side of the road is I3 if I read the zoning I1. I13 once you get Yeah, but the the south one, the crossroads, that's A2. That's A2 circle. And it's star intent also um because they are connecting to or will connect to existing water and sewer. Uh we're approaching them about annexation into the city.

I know we've had that friendly conversation with about you know to have this corridor through 24 and to use tiff to incentivize water and sewer. I think that's a that's a great opportunity for the city to annex back into the city. uh and not not have to rely on the county for that. My opinion. Okay. Any other questions from the board?

What's the north? I don't see the north parcel. which is the north parcel. It's basically it's right let's see get my bearings right um I think it's about right here okay

it starts if this is the entryway going into imi so the 24 north allocation area would start from here and go all the way down to eel cemetery Uh I mean Mark the approval of this if if we wanted to uh ask for annexation consideration make sure that that's part of this plan. I mean this the declaratory resolution's already drafted it's given us I don't even know if that can be amended on here or if we can encourage that to be part of the decision I think to amend it resolution but even if you're just you want annexation to be looked at like they could never force the city to do anything we couldn't force the city to do anything related to that so I don't know how enforceable it would be, but you know, essentially what this resolution is doing is allowing the use of tiff funds to incentivize the developer to hook them onto a city utility. So tingy would be that if the development does not agree to taxation, then the tip funds can't be used for that project. We can't necessarily put the tip of the allocation area conditional on the annexation. So, it's either got to be a tip or it's not a tip. Now, when when we negotiate the benefit that's going to come from the tiff to the company, then we can insist and make that conditional point in that issue.

And then at that point, would the city also assume the management of the tiff then as well? Would it move? We would still acting as the redevelopment commission for the city. I know the city has their own pip districts, don't they? There's there's some that under city. Yeah, within city consolidated this would be a part of city consolidated if it's in the city.

I guess my my my concern Mark is the approval of this and then if the developer doesn't agree to this then we have another industrial corridor that's in the county. It gets all the benefit of the city and there's no more. But if the development is not taking place, there's nothing happening yet. So any if this developer doesn't follow through um because of whatever uh the um it it's not like I mean we all have that opportunity to make any development in that area conditional upon annexation

and our review is limited to does it comply with our comprehensive plan. That's that's essentially even though annexation would probably be the right thing. I don't I I agree with Jim. I don't think we can condition it on that approval. But so is the comprehensive plan for industrial development in the county outside of city limits? I don't know the comprehensive plan well enough.

Yeah. Yeah. It specifically points out that area as a piece. Okay. questions, comments, concerns. Just out of curiosity, Jim, the to create a tiff within a tiff, you just talked pro the pros and cons there about why you would create a tip within a tiff

because then we can isolate just the revenues that are generated from that project specifically that project and the time frame on the TIF starts for that particular area. So um let's say for example um uh this US 2431 tiff area if this is set up here and we start u in this allocation area doesn't affect the timing of all the rest of the tiff. Yeah, because there's a maximum allowed on the there's a maximum allowable

window. It's 25 years. Right. So you basically isolate and start and manage the time frame within that specific area and not affect the whole area. So if it takes you 10 years to build that area out, you're starting from zero with every single one instead of and then any economic development agreement that would occur in there would still go through uh your board and council.

It would have to come back. It would have to come back to come back. it would have to come back to the count council which um again if it's hasn't been annexed yet then that can be a consideration uh at that time by the council they can add that in the resolution that they must pursue annexation to get the benefit. It may already be annexed by that time. Okay. Any other questions from the board now that we're all tipped up?

Again, I would just say that TIFF is probably one of the most widely used economic that we have available to us. So I I believe it's one of the only tools after the last legislative session. Okay, hearing that. Do I if I have no more questions from the board, do I have a motion what you would like to do with this resolution? It'll be sent to the commissioners.

Yeah. So, this this will go before there would be to send a favorable recommendation. I'll second that. Okay. So, yeah. So, recommend that we send a favorable recommendation and approve the resolution. Was the motion? No. Second. Second. Any other discussion on this or questions? Roll call vote, please. Megan. How many? Pim. Dan Hunt. Yes.

Brad Fruit. Yes. Scarlett Graves. Hi. Fred Masterman. Yes. Amy Hopper. Yes. Lynette Smith. Yes. Greg Wilson. Yes. Motion carries. Mr. K. Okay. Um, anything else from the board for tonight? you have. Okay, we'll open it up now. Anybody else have any public comment that they would like to address before we adjourn planning commission for tonight? Yes, Miss Anderson. Yes, I have a question. I noticed you voted no one.

Yep. So, um I uh did not I think that the current of only keeping them in industrial and commercial areas is is enough. So that's just my personal feeling on it. U and hopefully we can get this resolved here in the next 30 days. So okay, yes.

Um will you explain to the crowd what happens next with moving moratorium moving forward with the mortorium? So the this um we are an advisory body um and so we are now sending this to the commissioners uh with a favorable recommendation. Uh they will they will also they'll have to publish it right Mark they'll or advertise is maybe the right word do a notice of intent but it's not a public hearing like

okay yeah so they'll have it on their agenda now they can do three things with it they can approve it they can deny it or send it back to us. So those are the three options and then once they make that decision then it's binding at that time. Uh we're all flash no bang here. Good question for Okay. Yes sir. I don't know if you're allowed to answer this question but is there actually a data center that wants to come here or is this just all like we're planning for the future that it might happen? Uh, I am not aware of any who

uh I'm not aware of any project. Thank you. Y is Mr. Ted aware of any project? Uh, you'll have to ask Mr. Tid that question. That's not for this board. So, that would be between you and Mr. T. Anything else? Okay. Thank you for your attendance tonight and for uh your participation in the public service. Do I have a motion to adjurnn? I motion we adjourn. I have a second. Second. All in favor say I. I. I oppose. We are ajourned. Thank you to Councilman Allen tonight too. Thank you very much, sir. Thank you.

Oh, really? or should we just put them with our plates? I don't care.

That's nice. I have