* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] OKAY. ALRIGHTY. SORRY FOR THE DELAY. WELCOME, PLEASED TO HAVE YOU HERE FOR THE NAVAJO COUNTY PLANNING COMMISSION MEETING OF JUNE 17TH, 2025. IF YOU'D STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE, OUR PRIVILEGE, JESUS STOOD LIE OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, FOR THE ROUTINE. I JUSTICE FOR ALL. WELL, WE WELCOME YOU AND WE ARE PLEASED TO SEE THE TURNOUT TONIGHT. WE LOOK FORWARD TO YOUR PARTICIPATION IN OUR HEARINGS THIS EVENING. UM, WE DO HAVE A LITTLE BIT OF HOUSEKEEPING ON THE FRONT END TO TAKE CARE OF IF YOU HAVEN'T BEEN HERE BEFORE. THE BATHROOMS ARE RIGHT BEHIND THIS WALL. THE PUBLIC BATHROOMS, WE ASK THAT YOU USE THOSE NOT WANDER THROUGHOUT THE BUILDING. THE CUSTODIAL CREW IS BUSY CLEANING UP AND, AND GETTING THE BUILDINGS BOOSTED UP. SO WE WANT TO CONFINE OUR ACTIVITY TO THIS END OF THE BUILDING. IF YOU NEED TO TAKE A PHONE CALL OR YOU GET A PHONE CALL, PLEASE STEP OUTSIDE IN THE LOBBY AND DO IT SO IT'S, SO DOES NOT DISRUPT THE HEARINGS. UM, ALSO IF YOU PLANNED ON SPEAKING TONIGHT, MAKE SURE YOU FILLED OUT A CARD BECAUSE IF YOU HAVEN'T FILLED OUT A CARD STATING THAT YOU WANT TO ADDRESS THE COMMISSION ABOUT SOMETHING, YOU WILL, YOU WILL NOT GET A CHANCE TO BE HEARD. SO WE DON'T WANT ANYBODY TO MISS OUT ON THAT OPPORTUNITY. UH, THE, [1. ELECTION OF OFFICERS: Election of Officers to appoint a Chair and Vice Chair for the remainder of 2025.] THE FIRST ITEM AGENDA TONIGHT IS A LITTLE UNUSUAL. WE'VE HAD A, UH, A COMMISSIONER THAT HAS JUST RECENTLY RESIGNED AND, AND I THINK I SPEAK FOR THE COMMISSION AS WELL AS THE STAFF THAT, UM, I'M, I'M, I'M SORRY THAT DR. UH, SORRY, THAT, UM, UH, CHAIRMAN BOOHER WAS, WAS, UH, NOT ABLE TO CONTINUE WITH US. HE WAS A VERY POSITIVE AND A VERY EXPERIENCED SOURCE ON THIS COMMISSION. AND HE, HE, HE BROUGHT A LOT OF DEPTH TO WHAT WE DID AND HE'S GONNA BE MISSED. AND, YOU KNOW, WE ALL WISH HIM WELL. I HOPE THAT HIS RELOCATION GOES WELL FOR HIM. SO, WITH THAT BEING SAID, WE HAVE A VACANCY WITH THE, THE, UH, CHAIR CHAIRMANSHIP TONIGHT. UH, I'VE SPOKEN TO STAFF AND INDICATED TO THEM I DO NOT HAVE ANY INTEREST AS VICE CHAIR TO PURSUE THAT POSITION. SO THE VICE CHAIR WILL NOT BE VOTED ON TONIGHT. I WILL STAY IN THAT POSITION. BUT WE ARE VOTING FOR CHAIRMAN, SO WE NEED TO GET THAT OUT OF THE WAY, RIGHT OUT OF THE FRONT, FRONT GATE. IT WON'T TAKE US THAT LONG. UM, SO WITH THAT BEING SAID, IS THERE ANY NOMINATIONS ON THE TABLE? ANYBODY THAT WOULD LIKE TO THROW THEIR HAT IN THE RING OR NOMINATE SOMEBODY TO ASSUME THE CHAIRMANSHIP OF THE COMMISSION? WELL THEN I'LL TAKE THE BULL BY THE HORNS. I WOULD LIKE TO NOMINATE, UH, COMMISSIONER FOR THE CHAIRMANSHIP POSITION. SO I WILL MAKE A MOTION TO NOMINATE HIM. DO I HAVE A SECOND? I HAVE A SECOND. I HAVE A SECOND ON THAT. IS THERE ANYBODY ELSE THAT WOULD LIKE TO NOMINATE ANOTHER COMMISSIONER TO, UH, FILL THE POSITION FOR CHAIRMANSHIP? OKAY, WELL, HEARING NO OTHER NOMINATIONS, I'LL PUT THAT TO A VOTE. ALL IN FAVOR, PLEASE SAY AYE. IS AYE COMMISSIONERS OPPOSED TO THE CHAIRMANSHIP NOMINATION, PLEASE SAY NAY. NO OPPOSITION. CONGRATULATIONS MR. CHAIRMAN, HERE'S YOUR REALLY HEALTHY HAMMER. YOU CAN USE IT HOWEVER YOU SEEK TO. THAT WAS EASY. OKAY. THANK YOU. UH, WE'LL [2. REVIEW OF AGENDA BY COMMISSIONERS: ] GO TO, WE'LL JUST MOVE RIGHT ON TO ITEM NUMBER TWO, THE REVIEW OF THE AGENDA BY THE COMMISSIONERS. DOES ANYBODY HAVE ANY COMMENT OR QUESTIONS, CONCERNS ABOUT THE AGENDA? NO. WE DON'T NEED TO VOTE ON THAT, DO WE? NO. OKAY. ALRIGHT. WE'RE [3. CALL TO PUBLIC FOR ITEMS NOT ON THE AGENDA: Individuals may address the Commission on any relevant issue for up to 3 minutes. Any presentations must be submitted at least 24 hours prior to the meeting. At the close of the call to the public, Commission members may not respond to any comments but may respond to criticism, ask staff to review a matter or ask that a matter be placed on a future agenda.] GONNA GO TO ITEM NUMBER THREE ON THE AGENDA. THE CALL TO PUBLIC FOR ITEMS NOT ON THE AGENDA. SO IF YOU'RE HERE SPECIFICALLY FOR SOMETHING THAT'S ON THE AGENDA, THIS IS NOT THE TIME. WE'LL GIVE YOU TIME LATER. INDIVIDUALS MAY ADDRESS THE COMMISSION ON ANY RELEVANT ISSUE FOR UP TO THREE MINUTES. ANY PRESENTATIONS MUST BE SUBMITTED AT LEAST 24 HOURS PRIOR TO THE MEETING AT THE CLOSE OF THE CALL TO THE PUBLIC COMMISSION. MEMBERS MAY NOT RESPOND TO ANY COMMENTS BUT MAY RESPOND TO CRITICISM. ASK STAFF TO REVIEW A MATTER OR ASK THAT A MATTER BE PLACED ON A FUTURE AGENDA. DOES ANYBODY HAVE, WOULD LIKE TO ADDRESS THE CALL TO THE PUBLIC FOR ITEMS NOT ON THE AGENDA. OKAY. HEARING AND SCENE? NONE. WE WILL CLOSE THAT. [00:05:01] I DON'T NEED TO SMACK THIS, DO I? NO. OKAY. ITEM [4. CONSIDERATION OF APPROVAL OF MINUTES FROM THE COMMISSION HEARING OF: April 17, 2025] NUMBER FOUR. UH, CONSIDERATION OF THE APPROVAL OF MINUTES FROM THE COMMISSION HEARING OF APRIL 17TH, 2025. HAS EVERYONE BEEN ABLE TO REVIEW THE MINUTES AND YEAH. ANY QUESTIONS, DISCUSSION ON THE MINUTES? I'LL ENTERTAIN A MOTION. I'LL MAKE A MOTION TO APPROVE THE MINUTES AS SUBMITTED. I SECOND, I'LL SECOND THE MOTION. UH, ALL IN FAVOR? AYE. ANY OPPOSED? MOTION CARRIES. WE'LL [5. SUP 25-003 EZE STORAGE EXPANSION: Consideration of a request by Ironside Engineering & Development, Inc. for a Special Use Permit to expand an existing storage unit facility to an adjacent, 5.15-acre parcel in the Lakeside area. APN#: 212-15-002H, T9N, R22E, S15 of the GSRM. Owner: Somerset Investment Properties, LLC., Agent: Zach Barlow.] MOVE TO ITEM NUMBER FIVE SUP 25 DASH THREE, EASY STORAGE EXPANSION, CONSIDERATION OF A REQUEST BY IRONSIDE ENGINEERING AND DEVELOPMENT FOR A SPECIAL USE PERMIT TO EXPAND AN EXISTING STORAGE UNIT FACILITY TO AN ADJACENT 5.5 ACRE PARCEL IN THE LAKESIDE AREA. PARCEL NUMBER TWO 12 DASH 15 DASH 0 0 2 H TOWNSHIP NINE NORTH, UH, RANGE 22 EAST AND SECTION 15, UH, SOMERSET INVESTMENT PROPERTIES LLC. AND THE AGENT IS ZACH BARLOW. GOOD EVENING BOARD BEFORE YOU AS SUP 25 DASH 0 0 3 ECE STORAGE EXPANSION. IS IT ON? IS IT ON? UH, NO THANK YOU. JUST SOMEONE ASKED ME. SORRY KRISTEN, YOU'RE GONNA HAVE TO CLICK THROUGH FOR ME. I DIDN'T SEE HER NAME DOWN THERE. SHE'S JUST THAT ONE. UM, SO THIS IS LOCATED ON A PN NUMBER 2 1 2 DASH 15 DASH 0 0 2 H, WHICH IS A 5.15 ACRE PARCEL THAT IS OWNED A GENERAL AND COMMERCIAL RESIDENTIAL. THE OWNER OF SOMERSET INVESTMENT PROPERTIES, LLC CARE OF BRIAN LIERMAN. THIS PROJECT IS TO EXPAND THE EXISTING EZE STORAGE TO THE SOUTH OF THIS PARCEL. THERE WILL BE APPROXIMATELY 10 STORAGE UNIT BUILDINGS OF VARYING SIZES WITH SIX FOOT FENCING OF THE PROPERTY AND SOME STORAGE UNIT BUILDINGS THAT WILL BE USED AS BORDERS IN LIEU OF FENCING. THE GENERAL VICINITY IS IN LAKESIDE. NEXT IS AN AERIAL OF THE SITE ADJOINING. THIS PROPERTY TO THE SOUTH ARE THREE BUSINESSES, THE J AND S PATRIOT AUTOMOTIVE, THE PENROD RV AND MOBILE HOMESTEAD. AND THE ORIGINAL EAZY E STORAGE TO THE NORTHEAST AND NORTHWEST OF THIS PROPERTY IS VACANT A GENERAL LAND. AND HERE'S A GENERAL OVERVIEW OF THE SITE PLAN, AND WE'RE GONNA ZOOM IN JUST A LITTLE BIT HERE. UM, TO SHOW THE LOCATION OF THE PROPOSED 10 STORAGE UNITS. THE SITE PLAN SHOWS TWO STORAGE UNITS ON THE OUTER PERIMETER THAT WILL BE USED AS THE FORTRESS STYLE FOR FENCING. AND WE'RE GONNA ZOOM, UM, THE BOTTOM SOUTHWEST CORNER HAS AN ACCESS POINT FOR A PROPOSED EMERGENCY ACCESS OR PRIMARY ACCESS. AND THE EXPANSION WILL ALSO HAVE ACCESS THROUGH THE ORIGINAL EZE STORAGE TO PROVIDE ACCESS. THERE IS POTENTIAL REMOVAL OF EXISTING BUILDINGS WITH THE EXACT LOCATION TO BE DETERMINED IN THE FINAL DESIGN. AND NAVAJO COUNTY PLANNING AND DEVELOPMENT SERVICES STAFF RECOMMEND APPROVAL OF THE SPECIAL USE PERMIT FOR EASY E STORAGE EXPANSION, SUBJECT TO THE 16 CONDITIONS LISTED IN THE STAFF REPORT. AND ALSO BEFORE YOU, WE ALSO HAVE NOT RECEIVED ANY COMMENTS FROM THE PUBLIC ABOUT THIS PROJECT JUST YET. SO I'M AVAILABLE FOR ANY OTHER FURTHER QUESTIONS YOU MAY HAVE. UM, I'M NOT SURE IF THE OWNER, BRIAN ERMAN YEP. IS HERE. UM, IF THERE'S ANY OTHER QUESTIONS FOR HIM, THANK YOU FOR YOUR TIME. WOULD, WOULD YOU LIKE TO ADDRESS THE COMMISSION? UM, IF IT'S HELPFUL, PARDON? IF IT'S HELPFUL, I CAN, SO I CAN ANSWER ANY QUESTIONS. UM, YOU HAVE, BUT WE, WE OWN THE, UH, 20 ACRES, UM, TO THE NORTH AND EAST OF THIS. AND WE ENDED UP JUST PARCELING OFF FIVE ACRES THAT WE FELT WAS BEHIND EXISTING THAT WOULDN'T, UM, REALLY AFFECT THE FRONTAGE ROAD, UM, VISIBILITY OF ANYTHING. AND THEN WE TOOK THAT OTHER LARGE PIECE THAT YOU SEE TO THE WEST. UM, AND THEN WE'RE GONNA LOOK AT SOME OTHER DEVELOPMENT ON THAT IN THE FUTURE THAT'S MORE, UM, ROAD FACING. BUT THIS LAND THAT'S BEHIND HAS LIMITED USE AND SO WE FELT LIKE THE EXPANSION OF [00:10:01] EASY STORAGE WAS THE BEST USE AND SO DID EVERYBODY ELSE. SO THAT, UH, SO EXCUSE ME, DID WE GET YOUR NAME AND ADDRESS FOR THE RECORD? UM, SINCE YOU SPOKE, WE TRY TO KEEP TRACK OF EVERYTHING HE SPEAK. OKAY. I CAN PUT IT ON THE CARD. IS THAT NO, NO, JUST, JUST SAY IT. IT'LL, OH, OKAY. UH, BRIAN LEMAN. UM, OKAY. 5 0 9 KING RANCH ROAD, SOUTH LAKE, TEXAS. OKAY. IF I MISSED THAT, I APOLOGIZE. OH, NO, NO, NO, YOU DIDN'T. I MISSED IT. OKAY. UH, ANY QUESTIONS? COMMISSIONERS? IS I, I HAVE, IS THIS PART IT EASY MOVING IN STORAGE OR IS THIS SEPARATE? YES. NO, IT'S THE SAME. SO IT'LL BE THE SAME OFFICE, SAME ENTRANT, EVERYTHING WILL BE THE SAME. UM, WE'RE JUST EXPANDING BACK INTO THAT LESS USEFUL VACANT LAND THAT'S BEHIND US. SO WE WON'T, OUR BUILDINGS WILL BE EXACTLY THE SAME. OUR OFFICE WILL BE EXACTLY THE SAME. OUR ARIES WILL BE EXACTLY THE SAME. I'M JUST GONNA HAVE MORE STORAGE SPACE. MR. CHAIRMAN, JUST SO YOU KNOW, I DID, UM, MENTION, OKAY. I DID MENTION TO CODY THAT I HAVE TWO STORAGE UNITS IN THIS, AND I WANTED TO SEE IF THERE WAS A CONFLICT SINCE THEY HAVE AN OFFER YOU A TRIP TO BRAZIL OR ANYTHING. THERE'S NO, NO DISCOUNTS, NO CONFLICT. NO DISCOUNT. BUT, UH, BUT I WOULD HOPE THAT PART OF THIS, SINCE YOU'RE GOING TO HAVE INCREASED TRAFFIC, WILL CAUSE YOU TO IMPROVE SOME OF THE ROADS DOWN BETWEEN THE BUILDINGS THAT ARE ALREADY THERE. 'CAUSE SOME OF 'EM, YEAH. SO YOU HAVE TO SWIM THROUGH AND WE WANTED TO REPAVE IT, UM, AND REDO THE GATE. AND REDO THE SIGN. AND THE ISSUE WITH WAS, UM, EVEN THOUGH WE'LL HAVE THE ACCESS FROM THE CONSTRUCTION IN THE BACK, THEY WANTED TO DO IT ALL AT THE SAME TIME. SO WE'RE GONNA ACTUALLY, UM, TRY TO PAVE ALL OF THE FRONT WHEN WE DO THE BACK. SO, MR. LIEBERMAN, JUST TO MAKE SURE YOU, YOU, YOU'RE PART OF THE OWNER GROUP, I'M GUESSING? YES. OKAY. AND YOU DON'T HAVE ANOTHER AGENT HERE, ZACH BARLOW? NO, ZACH WAS IRONSIDE. UM, BUT I'M THE ONLY OWNER. OKAY. ANY, ANY OTHER QUESTIONS? WHERE'D YOU SAY YOU WERE LOCATED? I DON'T KNOW. I'M IN TEXAS. I'M ORIGINALLY FROM CHANDLER, AND SO I'M FAIRLY HEAVILY INVESTED IN CARDS THERE. UH, NAVAJO COUNTY. I OWN THE GREEN TREE UP HERE, A COUPLE OTHER PROPERTIES. AND THEN IN LAKESIDE, I OWN A HANDFUL. SO MY GOAL IS TO GET BACK HERE, BUT I'M CURRENTLY, I'M IN, IN TEXAS. WHERE IN TEXAS? SOUTH LAKE. IT'S, UH, DALLAS AREA. BUT I'LL ASK ANYHOW, ANY OTHER QUESTIONS? THANK YOU. THANK YOU. UM, WE DON'T HAVE ANY CARDS FOR PUBLIC COMMENT ON THIS. THE, ARE THERE, IS THERE ANYONE WE MISSED? UH, WE CAN, WE CAN DO A PUBLIC COMMENT AND GET YOU TO SIGN A CARD. OKAY. SO THERE'S NO, NO PUBLIC COMMENT ON, ON THIS ITEM. UM, I'LL ENTERTAIN A MOTION. MR. CHAIRMAN. I WOULD MOVE THAT THE NAVAJO COUNTY P AND Z, UH, RECOMMEND APPROVAL OF THIS SPECIAL UNIT PERMIT TO THE COUNTY, NAVAJO COUNTY BOARD OF SUPERVISORS, SUBJECT TO THE CONDITIONS RECOMMENDED BY THE STAFF. SECOND. MOTION MADE AND SECONDED. UH, ALL IN FAVOR? AYE. AYE. ANY OPPOSED? OKAY. MOTION CARRIES. THANK YOU. WE'LL PROCEED [6. TXT-A 25-001 NAVAJO COUNTY ZONING ORDINANCE UPDATE: Consideration of a Comprehensive Update to the Navajo County Zoning Ordinance.] TO ITEM NUMBER SIX TXT DASH A 25 DASH 0 0 1 NAVAJO COUNTY ZONING ORDINANCE UPDATE CONSIDERATION OF A COMPREHENSIVE UPDATE TO THE NAVAJO COUNTY ZONING ZONING ORDINANCE. UH, GONNA BE PRESENTED BY, UH, MR. CODY COOPER. UH, MR. CHAIRMAN, UH, CONGRATULATIONS ON THE APPOINTMENT. VICE CHAIR COMMISSIONERS, THANK YOU FOR YOUR TIME THIS EVENING. UH, SO IN FRONT OF YOU HERE, WHAT I WILL BE PRESENTING, AS YOU HAVE NOTED, IS A COMPREHENSIVE UPDATE OF THE NAVAJO COUNTY ZONING ORDINANCE. UM, THROUGH THIS, THERE'S QUITE A FEW COMPONENTS. SO IF AT ANY POINT A COMMISSIONER WANTS TO KEEP THOUGHTS FRESH ON THEIR MIND, IF THEY NEED TO STOP ME TO ASK A QUESTION, THEY'RE WELCOME. AND OF COURSE THERE CAN BE QUESTIONS AT THE END HERE. UM, WE'VE TRIED TO MAKE THIS AS VISUAL AS POSSIBLE FOR CERTAIN ELEMENTS TO BE HELPFUL, HELPFUL TO THE COMMISSIONERS. UH, AND THEN OTHERS ARE JUST TEXT SUMMARIES. UM, BUT AS A SUMMARY OF THE CHANGES THAT WE HAVE IN FRONT OF YOU, UH, THERE ARE REVISED ZONING DISTRICTS, REVISED ADMINISTRATIVE [00:15:01] PROCEDURES, UH, THAT DEAL WITH CODE ENFORCEMENT AND CODE COMPLIANCE WITHIN THE COUNTY. PERMITTED AND SPECIAL PERMITTED LAND USES THAT ARE SPECIFIC TO EACH ZONING, DISTRICT DEVELOPMENT STANDARDS, COUNTYWIDE GENERAL PROVISIONS AND STANDARDS, AS WELL AS LAND USE DEFINITIONS. UM, WE'VE TRIED TO UPDATE AND MODERNIZE SOME OF THOSE, UH, 'CAUSE IT'S QUITE DATED AS MATERIAL. UM, JUST KIND OF FOR YOUR REFERENCE, THERE ARE CHANGES THROUGHOUT THE ORDINANCE, BUT SECTIONS THAT UNDERWENT NOTE NOTEWORTHY CHANGES WITHIN THIS WERE SPECIAL DEVELOPMENT ZONING, UH, RENEWABLE ENERGY, UH, WHICH IS A NEW SECTION EXPANDING ON THE WIND ENERGY ORDINANCE, PARKING SIGNS, GENERAL PROVISIONS, ENFORCEMENT NUISANCES AND ABATEMENT AND DEFINITIONS. UM, SO WE WANTED TO KIND OF VISUALLY SHOW YOU WHAT WE'VE DONE TO REVISE SOME OF THESE ZONING DISTRICTS. I WANTED TO BRING OUT THE WORST CASE EXAMPLE THAT WE HAVE WITHIN THE ZONING ORDINANCE. UM, SO A LOT OF THESE UPDATES HAVE BEEN KIND OF SPURRED ON BY FRUSTRATION WE HEAR FROM THE PUBLIC OVER THE PHONE OR VIA EMAIL OR INDUSTRY EXPERTS WE DEAL WITH WHO EVEN STRUGGLE OR MY OWN STAFF STRUGGLING, WHICH IS, UH, NEVER A GOOD SIGN WHEN IT'S OUR ORDINANCE HERE. UM, SO AN EXAMPLE WE WANTED TO SHOW CAME TO USES. UH, IF YOU LOOK HERE ON THE SCREEN, YOU HAVE COMMERCIAL RESIDENTIAL, UH, UNDER THE FIRST USE REGULATION, IT SAYS ANY USE PERMITTED WITHIN THE R THREE ZONING DISTRICT. AND THEN BELOW THAT YOU HIT ANTIQUE STORES AND ABOUT 80 OTHER USES SPECIFIC TO COMMERCIAL. UM, SO NATURALLY ANY PERSON LOOKING THROUGH THE ORDINANCE IS GONNA GO SEE, HEY, IF MY USE ISN'T HERE, WHERE IS IT WITHIN R THREE? SO IF YOU GO TO R THREE ZONING, IT'LL SAY ANY USE PERMITTED WITHIN THE R TWO ZONING DISTRICT, PLUS ITS USES BELOW THAT, PLUS WHAT YOU HAVE THERE WITH THE COMMERCIAL RESIDENTIAL. THEN IF YOU GO TO R THREE, UM, YOU CAN CERTAINLY SEE THE PATTERN HERE. IT SAYS GO TO R 1 43. SO BY THE TIME YOU'RE DONE AT THIS, YOU'RE LOOKING AT FOUR DIFFERENT SECTIONS OF THE ORDINANCE. UH, YOU FUNCTIONALLY HAVE LIKE FIVE OR SIX LISTS THAT YOU'VE HAD TO PIECEMEAL TOGETHER. UM, WE THOUGHT THAT WAS VERY UNACCEPTABLE. IT'S VERY DIFFICULT FOR PEOPLE TO GO THROUGH. AND SO OUR SOLUTION WAS, YOU KNOW, KEEP THIS VERY SIMPLE IN A DISTRICT, HAVE ALL OF THE USES THAT COULD APPLY TO IT. UM, AND SO THAT, I'LL EXPAND ON THIS LATER, THAT HAS, UH, REGULATED USES THAT ARE ALLOWED BY RIGHT, UM, ADMINISTRATIVELY AND SPECIAL USES. UM, BUT JUST KIND OF WANTED TO GIVE YOU THE VISUAL. IF YOU DO NOT NEED TO GO THROUGH FOUR SECTIONS OF THE ORDINANCE TO FIND THIS. UM, YOU FOUND THIS WITH THE R ONES. YOU WOULD FIND THIS WITH THE INDUSTRIALS AS WELL. UH, BUT I DIDN'T WANT TO PULL UP, YOU KNOW, ALL FIVE DIFFERENT CATEGORIES FOR YOU. SO ANOTHER ISSUE WE HAD WAS WITH SOME OF OUR ZONING DISTRICTS THAT AGAIN, THEY WOULD REFER BACK TO ANOTHER ZONING DISTRICT FOR USES. UM, THEY WOULDN'T EXPAND UPON A LIST. HOWEVER, IT WOULD JUST SAY THE USES ARE EXACTLY THE SAME. SO WHEN WE HAVE OUR RU 20, OUR RU 10, OUR RU FIVE, OUR RU ONE, THOSE NUMBERS CORRELATE TO, TO THE MINIMUM, UH, ACREAGE THAT'S ALLOWED IN THOSE ZONING DISTRICTS. THEY DO HAVE SOME SLIGHT DIFFERENCES AS FAR AS LOT WIDTH, LOT COVERAGE, ET CETERA, THAT'S THERE. BUT WHEN IT COMES TO THE USES, THEY'RE EXACTLY THE SAME. UM, SO WHAT WE HAVE PUT TOGETHER HERE, YOU CAN SEE THE EXAMPLE OF A, A DIFFERENCE OF THE INTENSITY OF USE REGULATIONS. THAT IS THE ONLY FUNCTIONAL DIFFERENCE BETWEEN ANY OF THOSE DISTRICTS. UM, SO THAT PEOPLE WEREN'T HAVING TO AGAIN, GO THROUGHOUT THIS READ THROUGH EXTRA TEXT AND OTHERWISE COMBINE THESE INTO SECTIONS THAT ARE RURAL ZONING DISTRICTS THAT BREAK DOWN USES, ALLOWED IN ALL ZONING DISTRICTS AS THEY WERE. AND THEN HAVING A CHART THAT MAKES IT MUCH EASIER TO READ THOSE DEVELOPMENT STANDARDS. SO YOU'RE NOT GOING THROUGH PARAGRAPHS, YOU'RE JUST SAYING, WHAT'S MY MINIMUM ACREAGE? HERE'S THE ACREAGE. WHAT'S MY MINIMUM WIDTH? HERE'S THE WIDTH. WHAT FENCE HEIGHT IS ALLOWED? THE FENCE HEIGHT IS THERE AS WELL. OUR ADMINISTRATIVE PROCEDURES WAS ANOTHER ISSUE, THIS ONE THAT HAD TO BE PIECEMEALED TOGETHER. SO ON THE SCREEN YOU CAN SEE THREE DIFFERENT SCREENSHOTS HERE THAT COVERED DIFFERENT PORTIONS OF OUR ADMINISTRATIVE PROCEDURES. ON THE LEFT, YOU HAVE WHAT COULD QUALIFY AS A VIOLATION THAT'S NOT CURRENTLY ITS OWN, UH, ARTICLE OF THE ORDINANCE THAT IS TUCKED INTO GENERAL PROVISIONS ABOUT MIDWAY THROUGH. UM, IF YOU DON'T GO THROUGH THE, UH, THE BEGINNING OF THE DOCUMENT TO SEE THAT PAGE, IT, IT'S BURIED. THERE'S NO WAY TO FIND IT. AND THEN FOR HOW WE ADMINISTER AND ENFORCE, THERE IS ANOTHER ARTICLE WHICH RELATES TO THOSE PROVISIONS, BUT THEY'RE NOT TIED TOGETHER. AND THEN THE PENALTIES, IF YOU WERE NOT TO FOLLOW THAT, IS ANOTHER ARTICLE. FOUR ARTICLES LATER. IT'S NOT EVEN BACK TO BACK. SO AGAIN, IT'S VERY DIFFICULT FOR PEOPLE WHEN THEY'RE LIKE, YOU'VE RECEIVED A CODE VIOLATION TO GO, WHAT DID I DO INCORRECTLY? WHAT ARE YOU GUYS DOING ABOUT IT? WHAT PENALTIES COULD I FACE? HOW CAN I WORK WITH YOU? UM, SO WITH THIS, WE, WE CREATED THE ARTICLE ADMINISTRATION VIOLATION, ENFORCEMENT AND PENALTY. AND THAT GOES THROUGH ANYTHING THAT COULD BE THE VIOLATION, HOW WE'RE GONNA COME OUT AND INVESTIGATE THAT, AND WHAT THE REPERCUSSIONS COULD BE IF YOU WEREN'T TO GET YOUR PROPERTY INTO COMPLIANCE. UH, ANOTHER ONE HERE USING THE RU 20. SO I SAID I WOULD EXPAND ON THIS LATER. UM, SO WITH OUR CURRENT ZONING DISTRICTS, WE HAVE BY RIGHT USES, WHICH [00:20:01] ARE JUST, YOU KNOW, GET YOUR BUILDING PERMIT, YOU KNOW, YOUR SINGLE FAMILY RESIDENCE, YOUR FARM, GET THE BUILDING PERMIT FOR IT AND YOU'RE GOOD. UM, AND THEN WITHIN HERE I'VE HIGHLIGHTED WE HAVE SOME, SOME USES THAT REQUIRE ADMINISTRATIVE PERMITS, BUT THEY'VE NEVER BEEN INDICATED. UM, SO PEOPLE WILL MAKE THE ASSUMPTION, I CAN JUST DO THAT USE, I DON'T NEED A PERMIT FOR IT. IT CAN LEAD TO CONFUSION. UM, WHEN THEY GO TO APPLY FOR BUILDING PERMITS, THEY'RE FRUSTRATED 'CAUSE THEY HAVE TO GO BACK AND APPLY FOR ADMINISTRATIVE PERMIT. AND THEN ALSO HERE YOU CAN SEE THE SPECIAL USES. SO IF SOMEONE'S LOOKING FOR USES THAT COULD BE ALLOWED WITH A SPECIAL USE PERMIT THAT WOULD COME IN FRONT OF THIS COMMISSION AND BOARD OF SUPERVISORS, THEY'RE GOING TO A DIFFERENT SECTION OF THE ORDINANCE, UM, THAT HAD HAPPENED IN THE PAST, THAT'S NOT VERY TYPICAL INDUSTRY STANDARD ANYMORE. AND SO WHAT WE'VE DONE FOR EACH ZONING DISTRICT, BECAUSE IF YOU'RE WITHIN A ZONING DISTRICT, WE WANT YOU TO BE ABLE TO GO IN, LOOK AT JUST YOUR DISTRICT AND FIND ANY OF THE INFORMATION YOU SHOULD REALISTICALLY NEED ON A DAY-TO-DAY BASIS. SO WE'VE CLARIFIED THOSE USES THAT ARE PERMITTED AND BY RIGHT, WE'VE CLARIFIED SECTIONS WHERE THERE'S ADMINISTRATIVE PERMITS THAT COULD BE REQUIRED, AND THEN WE'VE CLARIFIED USES THAT COULD QUALIFY FOR A SPECIAL USE PERMIT THROUGH THE HEARING PROCEDURES AS WELL. UM, SO WE'RE REALLY, YOU'LL NOTICE THE THEME HERE IS REALLY TRYING TO, TO CONDENSE THIS, UH, AND CONGLOMERATE A LOT OF THE INFORMATION TO PREVENT FRUSTRATION FROM THE PUBLIC. HANG ON. SECOND, UM, GEORGE JOHN HAS JUST ENTERED. OKAY, THANK YOU. ALL RIGHT. AND SO GENERAL PROVISIONS, UH, YOU'LL NOTE I'VE TALKED ABOUT SOME AREAS THAT HAVE BEEN PULLED OUT OF THIS. UM, WE'VE TRIED TO PULL OUT VERY SPECIFIC AREAS AND GIVE THEM THEIR OWN ARTICLES. UH, AND THEN FOR THOSE THAT ARE REALLY GENERAL, KEEP THEM WITHIN HERE. SO WE DO HAVE LIKE THE ADDITIONAL YARD AND OPEN SPACE REGULATIONS THAT EXIST WITHIN THIS SECTION. WE HAVE ADDITIONAL HEIGHT REGULATIONS THAT COULD APPLY TO THINGS LIKE SMOKE STACKS OR ACCESSORIES ON DIFFERENT INDUSTRY BUILDINGS. UM, WHEN YOU LOOK AT THIS, IT'S NOT VERY USER FRIENDLY. YOU'RE READING THROUGH A WHOLE PARAGRAPH TO GET TO FUNCTIONALLY ONE WORD, UH, WHICH IS YOUR, YOUR HEIGHT, YOUR DISTANCE, YOUR SETBACK. UM, AGAIN, PEOPLE WOULD GET VERY CONFUSED BY THIS. THERE'S TOO MANY IFS THENS OTHERWISE, WHICH CAME TO THE RESULT OF HOPEFULLY DOES IT JUST AN EASY CHART FOR THESE THINGS. THERE, THERE WASN'T A LOT OF, IF THENS THAT WERE NECESSARY, IT WAS VERY EASY TO BRING THESE DOWN AND SIMPLIFY THESE FOR PEOPLE. SO IF YOU HAVE THESE TYPES OF BUILDINGS OR FEATURES ON YOUR BUILDINGS, YOU CAN JUST TAKE A LOOK AT IT AND SEE EXACTLY WHAT THE FEET ARE THAT ARE PROPOSED FOR THIS. UM, IF WE COULDN'T FIT IT IN THE CHART, WE PUT IT UNDERNEATH, BUT WE TRIED TO SIMPLIFY THE LANGUAGE INTO A MORE PLAIN ENGLISH FOR THE PUBLIC AS WELL. UM, 'CAUSE IT TOOK US A WHILE TO GET THROUGH SOME OF THAT. AS, AS PLANNERS. UH, ANOTHER ONE THAT WE HAD WAS OUR SPECIAL DEVELOPMENT ZONE. SO THE COMMISSION SEES QUITE A FEW ITEMS THAT COME IN FRONT OF THEM WITH THE SPECIAL DEVELOPMENT ZONE. UM, YOU'LL SEE SITE PLAN REVIEW FOR COMMERCIAL DEVELOPMENTS OR CERTAIN TYPES OF PARKS WITH THE SPECIAL DEVELOPMENT ZONING. UH, YOU'LL SEE MASTER DEVELOPMENT PLANS, YOU'LL SEE TENTATIVE PLATS THAT COME THROUGH HERE. LOOKING AT THE ORIGINAL, UH, SPECIAL DEVELOPMENT ZONING DISTRICT. THE ONLY REAL PROCESS THAT WAS CALLED OUT WAS THE SITE PLAN REVIEW. UM, I CAN TELL THE COMMISSION FROM HAVING GONE THROUGH FILES SINCE AT LEAST THE EIGHTIES, WE HAVE BEEN DOING ALL OF THOSE PROCESSES THROUGH THE SPECIAL DEVELOPMENT ZONING DISTRICT. UM, I'VE ALLUDED TO THIS BEING SIMILAR TO, UH, IT WAS LIKE SECRET MENU ITEMS FOR DEVELOPERS OF LIKE, YEAH, WE'LL TELL YOU ABOUT THE SITE PLAN REVIEW, BUT YOU GOTTA ASK US ABOUT THE OTHER ONES THAT ARE BEHIND HERE. IT'S NOT HELPFUL WHEN YOU'RE A DEVELOPER TRYING TO FIGURE OUT HOW TO PUT THESE THINGS TOGETHER OVERALL. AND SO WHAT WE WENT THROUGH AND DID WAS CLARIFY THE DIFFERENT PROCESSES THAT CAN QUALIFY WITHIN THE SPECIAL DEVELOPMENT ZONING DISTRICT, WHERE THOSE PROCESSES WOULD QUALIFY UNDER WHAT MEASURES, AND THEN DIRECT LINKS TO CHECKLISTS THAT MAKE IT MUCH EASIER TO GO THROUGH AND MAKE SURE THAT YOU PREPARED A FULL PACKET FOR SUBMISSION TO STAFF TO TRY TO STREAMLINE THE PROCESS, GETTING TO THE COMMISSION AND BOARD OF SUPERVISORS SO THAT THERE'S LESS PLAN REVIEW GOING BACK AND FORTH, AND LESS FRUSTRATION FOR THOSE DEVELOPERS AS WELL. ANOTHER ONE WE HAD A PROBLEM WITH, THIS IS VERY SIMILAR TO THE GENERAL PROVISIONS OUR PARKING. YOU'VE GOT HUGE BLOCKS OF TEXT, UM, FOR WHAT CONVERTS TO THIS MANY SQUARE FEET NEEDS THIS MANY PARKING SPACES. ANOTHER ISSUE WE HAD WAS INCONSISTENCIES WITH THE INTERNATIONAL BUILDING AND RESIDENTIAL CODE. UM, SOME OF OUR ORDINANCE WAS OUTDATED. THE INTERNATIONAL RESIDENTIAL AND BUILDING CODE ALSO UPDATES OVER TIME AND THEY MAY SHIFT AS THEY SEE NEEDED FOR SAFETY. UM, SO YOU WOULD HAVE POTENTIALLY DEVELOPERS OR CONTRACTORS WHO ARE, THEY DEVELOP A PLAN ACCORDING TO THE IBC AND THEN WE SAY, NO, YOU NEED MORE PARKING BECAUSE OUR ZONING ORDINANCE SAYS SO, UH, EVEN THOUGH YOU FOLLOWED ANOTHER OFFICIAL DOCUMENT THAT WE UTILIZE HERE. SO WE WANTED TO GET THOSE TWO ITEMS TO WHERE THEY WORKED TOGETHER AND THEY WERE MORE CONSISTENT. AND WE ALSO DIDN'T WANT PEOPLE TO READ THROUGH THREE PAGES WHERE THEY CAN JUST SKIM FIND THEIR PARKING AND PUT A PLAN TOGETHER. THAT'S MUCH EASIER. I COULDN'T REALLY VISUALIZE THE [00:25:01] SIGNS HERE, UH, FOR THE COMMISSION. IT'S WAS ONE OF THE HARDER PORTIONS. UH, IT'S DEFINITELY ONE OF THE MORE BORING ONES UNLESS YOU'RE INTO SIGNS. UH, WE DID MOVE OUR DEFINITIONS TO THE DEFINITIONS ARTICLE. QUITE A FEW OF THOSE GOT CUT OUT AS A PART OF THIS UPDATE. AND WE DID FINALLY COMPLETE THE UPDATE TO BRING THE ARTICLE IN COMPLIANCE WITH REED VERSUS THE TOWN OF GILBERT. UM, THAT WAS A LAWSUIT THAT SAID THAT SIGN REGULATIONS NEED TO BE CONTENT NEUTRAL. UM, SO YOU CAN'T REGULATE A TEMPORARY REAL ESTATE SIGN VERSUS A TEMPORARY YARD SALE VERSUS A TEMPORARY CHURCH OR AN EVENT SIGN. YOU JUST NEED TO REGULATE TEMPORARY SIGNS OVERALL AND MAKE IT CONTENT NEUTRAL TO AVOID FIRST AMENDMENT VIOLATIONS. SO WE'VE GONE THROUGH VERY MUCH SIMPLIFIED AND MADE THAT ALL COMPLETELY CONTENT NEUTRAL, UM, SO THAT WE DON'T END UP, UH, IN THE SAME CASE HERE AS GILBERT. AND I THINK WE'VE BEEN LUCKY NOT TO GET THERE YET. SO, UH, REALLY HARD TO SHOW IT, BUT, UH, IT IS THERE WITHIN YOUR PACKETS THAT IT IS ALL CONTENT NEUTRAL NOW. SO I, I KNOW THE, THE NEXT PORTION OF THIS UPDATE HAS BEEN THE, I DON'T KNOW IF I'D SAY THE MOST POPULAR, UM, BUT THE ONE WHERE WE'VE BEEN RECEIVING A LOT OF THE FEEDBACK. UM, I DID JUST WANT TO NOTE FOR THE COMMISSION BEFORE WE GET INTO THIS PORTION, WE REALLY WANTED TO MAKE THE ZONING ORDINANCE MORE USER FRIENDLY OVERALL. WE ENDED UP CUTTING OUT 80 OF 180 PAGES OF THE ORDINANCE WITHOUT CUTTING ANY MAJOR CONTENT JUST BY SIMPLIFYING LANGUAGE AND CHARTS. UM, WE'RE TRYING TO MAKE THINGS MORE DIGESTIBLE FOR THE PUBLIC BECAUSE WE UNDERSTAND THEIR FRUSTRATION WHEN THEY GET INTO THE BUREAUCRATIC WORLD OF YOU'RE WRITING IT FOR YOURSELF, NOT FOR ME. IT DOESN'T MAKE SENSE WHILE STILL BEING ENFORCEABLE. UM, SO ONTO RENEWABLE ENERGY, UH, THIS WAS ONE OF THE FIRST ITEMS THAT KIND OF BROUGHT UP THE, THE UPDATE FOLLOWING OUR COMPREHENSIVE PLAN. UM, THERE WERE MULTIPLE IMPLEMENTATION TASKS THAT RELATED RELATED TO UPDATING RENEWABLE ENERGY STANDARDS HERE WITHIN OUR ZONING ORDINANCE. AND SO FOR THE COMMISSION, I KIND OF WANTED TO JUST AS THE PRECURSOR GIVE YOU WHAT EXISTS CURRENTLY FOR WIND. UM, WE'VE HAD PLENTY OF COMMENTS FROM THE PUBLIC, UH, BOTH OUR PUBLIC THAT LIVES HERE, DEVELOPERS, RANCHERS, OTHERWISE ON THESE, SOME FELT THERE WAS NOT ENOUGH REGULATION, SOME FELT THERE WAS TOO MUCH. ALL OF THESE LITTLE ITEMS ON THIS LIST HERE ARE ITEMS THAT WE CURRENTLY REQUIRE. SO WE GOT QUESTIONS ABOUT DECOMMISSIONING PLANS AND DECOMMISSIONING BONDS. THOSE ARE ALWAYS REQUIRED FROM US AS FAR AS MOVING FORWARD WITH THESE, UM, LOOKING AT YOUR WILDLIFE THROUGH YOUR FEDERAL AGENCIES. WE HAVE THOSE TYPES OF REVIEW WHERE WE'RE JUST GIVEN DOCUMENTS THAT THEY'VE COMPLETED THESE. UM, I CAN SIT HERE FOR A MINUTE IF YOU'D LIKE. I WON'T READ THE WHOLE LIST OR, UH, I'LL EXTEND THIS EVEN FURTHER. UM, BUT IT'S A PRETTY EXTENSIVE LIST. IN THE PROCESS OF THIS, WE HAD THREE WORK SESSIONS WITH THE BOARD OF SUPERVISORS, THREE LISTENING SESSIONS, WHICH I'LL SUMMARIZE JUST KIND OF THE TOTAL AMOUNT OF OF COMMENTS THERE THAT CAME FROM THOSE IN DIFFERENT MUNICIPALITIES AND REGIONS HERE. UH, AND WE HAD AN ABILITY FOR PEOPLE TO SUPPLY COMMENTS ONLINE AS WELL. UM, IT'S BEEN ACTIVELY THE PAST SIX MONTHS WORKING ON THE UPDATE OF THIS PORTION OF THE ORDINANCE. THIS HAS BEEN ON THE RADAR OF THE COUNTY FOR APPROXIMATELY NINE TO 12 MONTHS BASED ON CALLS TO THE PUBLIC AND EMAILS THAT HAVE BEEN RECEIVED AS WELL. WHEN WE WENT THROUGH TO DO THIS UPDATE, WE WERE LOOKING AT THE, UH, MOST APPROPRIATE WAY TO DO SO. AS IT STOOD PREVIOUSLY, WE DID NOT HAVE A SECTION FOR SOLAR ENERGY. UH, WE ONLY HAD WIND ENERGY, WHICH WAS ADOPTED ABOUT 15 YEARS AGO. AND THROUGH THE COMMENTS WE RECEIVED AND OUR RESEARCH ON THIS, WE FELT THE BEST WAY TO MOVE FORWARD WOULD BE TO HAVE A GENERAL RENEWABLE ENERGY PORTION OF THE ORDINANCE THAT WOULD HAVE PROVISIONS THAT APPLIED BOTH TO SOLAR AND WIND. AND THEN WITHIN THERE HAVING SPECIFIC TO WIND AS WELL AS SPECIFIC TO SOLAR, UM, TO KIND OF STREAMLINE OUR, OUR LISTS AND INFORMATION AND MAKE DEVELOPERS AND THE PUBLIC MORE AWARE OF WHAT WOULD BE REQUIRED FOR THESE TYPES OF PROJECTS. UM, SO WITH THIS, WE DID WITH THOSE COMBINED GENERAL DEVELOPMENT STANDARDS, SOLAR IS SUBJECT TO ALL OF THESE PROVISIONS THAT EXISTED HERE FOR WIND. EVERYTHING I'M TALKING ABOUT FROM HERE ONWARDS ARE ITEMS THAT WERE ADDED AS A PART OF THIS PROCESS BASED ON THE FEEDBACK WE RECEIVED FROM THE PUBLIC AGENCIES, DEVELOPERS, AND OTHERWISE. UH, SO THE FIRST IS THERE WAS A CLAUSE ADDED TO ALLOW FOR THE USE OF DEVELOPMENT AGREEMENTS IN LIEU OF, UH, PROPOSED OR IN COMBINATION WITH SPECIAL USE PERMITS. UM, I WANNA JUST READ SOMETHING PRETTY QUICKLY FOR THE COMMISSION, UH, JUST BECAUSE I DON'T KNOW HOW AWARE SOME OF YOU ARE OF DEVELOPMENT AGREEMENTS. UM, THIS IS SOMETHING ENABLED BY STATE LAW THROUGH A RS 11 DASH 1101. SO I JUST WANTED TO GIVE YOU A QUICK SUMMARY OF WHAT THOSE INVOLVE. AND THEN IF THERE'S QUESTIONS THERE, YOU MIGHT HAVE 'EM, I CAN TAKE THOSE OR I CAN MOVE THROUGH THE REST OF THE COMBINED STANDARDS, UH, THAT ARE HERE. SO SEVERAL COUNTIES IN ARIZONA UTILIZE DEVELOPMENT AGREEMENTS AS A PART OF THEIR LAND USE [00:30:01] PLANNING AND DEVELOPMENT PROCESSES. THESE AGREEMENTS ARE ESSENTIALLY CONTRACTS BETWEEN THE COUNTY AND A LANDOWNER OR DEVELOPER OUTLINING THE SPECIFIC TERMS AND CONDITIONS FOR A DEVELOPMENT PROJECT. KEY AREAS THAT ARE OFTEN COVERED IN THESE AGREEMENTS INCLUDE CONSTRUCTION, PHASING, INFRASTRUCTURE REQUIREMENTS AND SPECIAL TAX TAXING DISTRICTS, ENSURING CONSISTENCY WITH THE COUNTY'S COMPREHENSIVE PLAN. UM, SO HEARING THAT IT, IT IS SIMILAR TO A SPECIAL USE PERMIT IN A WAY, BUT I'LL GET THROUGH TO HOW IT DIFFERS THERE AS WELL. UM, THERE'S NOT READILY AVAILABLE SPECIFICS FROM SOME OF THE ARIZONA COUNTIES, BUT MANY OF THESE DO UTILIZE FROM OUR CONTACT WITH THEM. UH, CURRENTLY WITH THE SPECIAL USE PERMITS REQUIRED FOR DEVELOPMENTS WITHOUT MENTION OF DEVELOPMENT AGREEMENTS, THOSE CAN ONLY BE USED TO SUPPLEMENT THE PERMIT WITH WHAT'S PROPOSED TO THE ZONING ORDINANCE TO ALLOW THESE DEVELOPMENT AGREEMENTS. THEY COULD BE IN PLACE OF THE SPECIAL USE PERMIT OR IN COMBINATION WITH THE SPECIAL USE PERMIT AS I HAD NOTED BEFORE. AND THEN THE COUNTY COULD CHOOSE TO WORK WITH THE DEVELOPER FOR A DEVELOPMENT AGREEMENT AND HAVE THE BOARD RATIFY THE AGREEMENT BY RESOLUTION. UH, THE PROCESS COULD ALSO BE DONE REGARDLESS OF THE, BUT IT COULD BE DONE REGARDLESS, UM, THROUGH THE SPECIAL USE PERMIT. BUT THE SPECIAL USE PERMITS WOULD TYPICALLY BE USED FOR SMALLER PROJECTS IN THAT CASE VERSUS THE LARGER ONES THAT WOULD NEED MORE CONSIDERATION. UH, A DEVELOPMENT AGREEMENT RESOLUTION IN ARIZONA IS A LEGALLY BINDING AGREEMENT BETWEEN THE DEVELOPMENT AND A CITY AND COUNTY, CITY OR COUNTY THAT OUTLINES THE TERMS AND CONDITIONS FOR DEVELOPMENT OF A PROPERTY. THIS RESOLUTION IS RECORDED WITH THE COUNTY RECORDER'S OFFICE AFTER APPROVAL BY THE BOARD OF SUPERVISORS. AS FAR AS DETAILED BREAKDOWN OF KEY ELEMENTS THAT YOU WOULD SEE IN THESE, JUST SO THAT THE COMMISSION CAN UNDERSTAND, UM, YOU WOULD HAVE THE PARTIES THAT ARE INVOLVED WITH THIS. UH, THE PROPERTY DESCRIPTION, THE TERMS AND CONDITIONS OF THE USAGE, THE DURATION OF HOW LONG THE USE COULD OPERATE UNDER THAT AGREEMENT, THE PERMITTED USES THAT WOULD BE ALLOWED UNDER THAT AGREEMENT. DENSITY AND INTENSITY, PUBLIC INFRASTRUCTURE, PHASING OF DEVELOPMENT, OTHER MATTERS, UH, ANYTHING ELSE THAT COULD BE RELATED TO, UH, THE PROJECT ITSELF. UM, AS FAR AS WHAT'S HERE, THIS WOULD BE RECORDED, SO IT'D BE AVAILABLE TO THE PUBLIC. IT DOES NEED TO BE RATIFIED BY THE BOARD, SO IT WOULD GO IN FRONT OF ONE OF THEIR MEETINGS WHERE THE PUBLIC COULD ALSO BE INVOLVED. UH, AS FAR AS WHAT IT COULD OFFER CERTAINTY AND STABILITY WITH THE DEVELOPMENT AGREEMENTS BECAUSE IT COULD PROVIDE FURTHER CERTAINTY FOR DEVELOPERS KNOWING WHAT THE DEVELOPMENT RULES COULD BE THERE OUT FRONT IN A CONTRACT. YOU CAN PROVIDE ALSO THE INCREASED PREDICTABILITY TO STREAMLINE THE DEVELOPMENT PROCESS AND REDUCE RISK OF FUTURE CHANGES IN ZONING REGULATIONS THAT COULD AFFECT THOSE DEVELOPERS. AND THEN COLLABORATION, ENCOURAGING COLLABORATION BETWEEN THE DEVELOPER AND THE CITY OR COUNTY POTENTIALLY LEADING TO MORE EFFECTIVE AND EFFICIENT DEVELOPMENT PROJECTS. UM, I WILL NOTE KIND OF BEFORE GOING INTO SOME OF THESE WITH THE DEVELOPMENT AGREEMENT, AGREEMENT OPTION, UM, IF THAT WERE TO HAPPEN, WE WOULD STILL REQUIRE OPEN HOUSES AND OTHERWISE FROM DEVELOPERS SO THAT THERE IS STILL THE CHANCE FOR PUBLIC INPUT PRIOR TO GETTING TO THE BOARD. SO THE INTENT OF THAT IS NOT TO REMOVE ANY PUBLIC INPUT AS A PART OF THE PROCESS, UM, JUST TO MOVE FORWARD WITH A MORE STREAMLINED PROCESS THAT COULD BE BENEFICIAL FOR DEVELOPERS, THE PUBLIC AND THE GOVERNMENT HERE AS WELL. YES SIR. WHAT WOULD, WHAT WOULD THE PUBLIC PORTION OF THAT LOOK LIKE AND HOW WOULD THAT HAPPEN IF WE DON'T HAVE ONE OF THESE HEARINGS? YES. SO THAT'S GONNA BE AT THE DISCRETION OF THE BOARD OF SUPERVISORS AS FAR AS WHAT'S THERE. THEY COULD TAKE COMMENT, UH, THEY COULD PUT IT AS AN OFFICIAL AGENDA ITEM AND TAKE COMMENTS SIMILAR TO WHAT YOU WOULD HAVE DURING A HEARING, OR IT COULD BE COMMENT BROUGHT DURING CALL TO THE PUBLIC. AND THEN DURING THOSE OPEN HOUSES, WE DO HAVE, UH, ITEMS AS FAR AS HOW COMMENTS CAN BE PROCURED AND, AND GIVEN TO THOSE, UH, DEVELOPERS TO BE PASSED ON TO US AS WELL. SINCE THAT WOULD BE REQUIRED PRIOR TO THE DEVELOPMENT AGREEMENT, IT WOULD ALLOW US TO MAKE THOSE CONSIDERATIONS AS TO WHAT THE PUBLIC PUBLIC HAD BROUGHT UP FOR POTENTIAL ISSUES ON THE, THE PROJECT IN THEIR REGION. SO, SO MAINLY THE ANSWER IS THAT THE BOARD OF SUPERVISORS MEETING WHERE THEY, WHERE THEY HAVE THE HERE IN THE OFFICIAL CAPACITY YES. WITH THE COUNTY. SO I DON'T WANT TO MOVE ON TOO QUICKLY IF THERE'S ANY OTHER QUESTIONS FOR THAT ONE. UM, I KNOW IT'S A SMALL LINE OF TEXT RELATIVELY, BUT A, A BIG PROCESS OVERALL. ALRIGHT, I WILL PROCEED AND IF QUESTIONS COME UP, I CAN ANSWER THOSE LATER AS WELL. UM, WE ADDED IN PREFERRED CRITERIA AND PERFORMANCE STANDARDS FOR RENEWABLE PROJECTS. UM, SO THESE WOULD BE WAYS FOR THE COMMISSION OR BOARD OF SUPERVISORS TO LOOK AT MORE OR LESS PREFERABLE PROJECTS. UH, SOME OF THOSE COULD INCLUDE LIKE BROWNSFIELD RECLAMATION LAND PROJECTS THAT WOULD, UH, USE RECLAIMED WATER, UH, FOR THEMSELVES, AREAS THAT MIGHT HAVE LESS OF A VISUAL IMPACT. UM, SO THESE ARE CRITERIA THAT ARE LESS OF A CHECKLIST AND MORE OF A HOW ARE YOU TRYING TO FIND THE BEST LOCATION FOR THE PROJECT THAT COULD HAVE THE LEAST IMPACT, THE MOST BENEFIT [00:35:01] TO THE REGION AS WELL THROUGH THIS PROCESS AS WELL. I KNOW WE'VE HEARD FROM COMMISSIONERS AS WELL AS THE FIRE, UH, AGENCIES, UM, THAT THERE WAS POTENTIAL CONCERN FOR FIRE AND WE WANTED TO LOOK AT ADDING STRONGER LANGUAGE FOR FIRE. UM, SO AS A PART OF THE PROCESS, WE DID HAVE A SEPARATE LISTENING SESSION WITH ALL OF THE FIRE CHIEFS AND, UH, FIRE MARSHALS WITHIN THE REGION, UM, TO HEAR THEIR CONCERNS AND, AND WHAT THEY HAD. AND THEN WE HAD A FOLLOW UP MEETING WITH SOME OF THE SPECIFIC RESPONDING AGENCIES TO SEE WHERE THE COUNTY COULD BEST SUPPORT THROUGH AN ORDINANCE UPDATE. UH, WITH THOSE LISTENING SESSIONS, A LOT OF THE FIRE AGENCIES FELT THAT THEY DIDN'T HAVE ENOUGH STRENGTH BEHIND MAKING REQUESTS. THEY HAVE ALWAYS BEEN ABLE TO MAKE REQUESTS AND IF NEEDED, RELAY THROUGH STAFF FOR DEVELOPMENTS, BUT THEY, THEY WANTED SOME STRONGER LANGUAGE SO THEY FELT EMPOWERED AND THAT WAS SOMETHING IMPORTANT TO THE BOARD AS THAT WAS BROUGHT UP AS WELL. UM, SO WE'VE CLARIFIED SOME AUTHORITY WITH APPLICATION REVIEW, PERMITTING INSPECTIONS, POST-ACCIDENT REVIEW, DECOMMISSIONING. UH, REALLY ONE OF THE BIG EXAMPLES THAT WE HAD THROUGH OUR PROCESS OF CONSTRUCTION WAS ONE FIRE AGENCY WAS WANTING A, UH, A CATTLE GUARD VERSUS A GATE. THEY DIDN'T WANT TO BE SLOWED DOWN. IF THEY HAD TO RESPOND TO A FIRE THERE, THEY DIDN'T FEEL AS EMPOWERED GOING TO ASK FOR THIS. THIS WOULD ALLOW THEM THE AUTHORITY TO REQUEST INFRASTRUCTURE, UM, ON THESE SITES. THAT'S REASONABLE, THAT'S GOING TO BE ATTRIBUTED TO THE PUBLIC SAFETY THERE. UM, GO AHEAD CODY ON, SO ON THE, ON THE FIRE DISTRICTS ARE, ARE THEY GONNA HAVE A, A GENERAL GUIDELINE FOR ALL OF 'EM TO FOLLOW OR IS JOE CITY GONNA REQUIRE SOMETHING AND TER REQUIRES SOMETHING DIFFERENT? YOU, YOU KNOW WHAT I'M SAYING? OR IS IT GONNA BE SOMEWHAT STANDARD? YEAH, SO WHEN IT COMES TO THE PERMITTING FOR ALL OF THESE PROJECTS THAT WE'VE HAD SO FAR, THE, THE PERMITTING AND BASE INFRASTRUCTURE REQUIREMENTS COME THROUGH THE STATE FIRE MARSHAL'S OFFICE. UM, THEIRS ARE DICTATED BY THE, THE IFC AND THE OTHER DOCUMENTS THAT, UH, OVERSEE THEIR REGULATION. UM, SO THEIRS IS VERY UNIFORM. THIS WOULD BE APPLYING TO THE RESPONDING AGENCIES FOR VERY SPECIFIC REQUESTS ON SITE, SUCH AS LIKE IF THEY NEED A, A TURN RADII OR A CERTAIN LEVEL OF SUPPORT MATERIAL FOR THEIR TRUCKS OR, YOU KNOW, YOUR CATTLE GUARDS VERSUS THE GATES. UM, YOU CAN'T GO ASK FOR A BRAND NEW FIRE STATION AS A RESULT OF THIS OF COURSE, BUT YOU CAN ASK FOR THOSE THINGS THAT WOULD MAKE IT SAFER FOR YOUR RESPONSE. SO JUST MAYBE YOU KNOW THIS, MAYBE YOU DON'T. DOES THE STATE FIRE MARSHAL HAVE A A, A CODE FOR ALL OF THOSE THINGS? YOU KNOW, THE TURNING RADIUS OR, YEAH. DO, DO THEY HAVE A SPECIFIC CODE THAT EACH OF THE, THE FIRE DISTRICTS COULD FOLLOW OR SHOULD FOLLOW? MAYBE HYPOTHETICALLY YES, THEY COULD. OKAY. AND SO I KNOW I, I THINK IT'S LIKE 20 FEET FOR THE ROAD WIDTH. UH, THERE'S CERTAIN TURN RADIO I REQUIRED AS FAR AS THE, THE WIDTH ON THOSE AND, AND LOCATION AS WELL. UM, SO THAT WOULD BE THERE THIS FOR, FOR THEIR REVIEW, OF COURSE THEY HAVE TO FOLLOW THAT THEIR, THE AUTHORITY HAVING JURISDICTION FOR THE LOCAL, IT WOULD BE IF THERE WAS ANYTHING ABOVE AND BEYOND THAT WHILE IT'S THERE IN THE CODE THAT THEY MAY NOT NECESSARILY, IT MAY NOT BE BENEFICIAL TO THEM ON SITE WHERE THEY MAY NEED AN ADDITION OR AN ALTERATION TO THAT WITHIN THE PROVISIONS. ALL RIGHT. THE NEXT ITEM THAT WE HAD WAS STRENGTHENING ROAD USE AGREEMENTS. SO WE HAVE REQUIRED FOR ALL OF THE DEVELOPMENTS THAT ARE HERE, ROAD USE AGREEMENTS, THE TYPICAL REQUIREMENT WE'VE HAD IS THAT THERE IS A PRE-CONSTRUCTION SURVEY OF THE ROAD AND THEN AT THE END OF UH, CONSTRUCTION THERE'S A POST-CONSTRUCTION. IT TAKES THE CONDITION OF EACH AND THE DEVELOPER'S REQUIRED TO GO IMPROVE BACK TO AT LEAST THE ORIGINAL CONDITION. UM, THEY CAN CERTAINLY GO BETTER IF THEY'D LIKE, ALWAYS APPRECIATE THAT. BUT, UH, WHAT WE ADDED IN HERE WAS TO HAVE THOSE AGREEMENTS FOR THE DURATION OF THE PROJECT CONSTRUCTION. SO WHEN YOU'RE GETTING YOUR POTHOLES, WHEN YOU'RE GETTING YOUR CRACKING AS A RESULT OF HAULING THE MATERIALS, ALL OF THE DEVELOPERS WE HAVE WORKED WITH HAVE BEEN VERY GOOD AT WORKING WITH US THROUGHOUT THE PROCESS OF PATCHING THOSE POTHOLES, FIXING THOSE CRACKS, FIXING ANY DAMAGE THAT'S THERE. UM, THE COUNTY WANTS TO PLAN FOR THE WORST CASE SCENARIO THAT SOMEONE MIGHT NOT BE WILLING TO DO SO. SO WE WANTED TO ADD THAT CODIFIED THAT THERE WILL BE THE MAINTENANCE THAT'S OUTSIDE OF REGULAR COUNTY MAINTENANCE DURING CONSTRUCTION. WE ALSO ADDED, COULD I HAVE ONE MORE FOR THAT? GO FOR IT. SO HOW DID, HOW IS THAT ADMINISTERED? LET, LET'S SAY THIS, THIS PASSES AND HOW IS THAT, IS THAT FROM PUBLIC OUTCRY THAT THE ROAD'S BAD OR, I MEAN, HOW'S IT GONNA GET? IS, IS, UH, IS MR. FLAKE, IS THAT GONNA BE ONE OF HIS JOBS TO GO AROUND AND CHECK THE ROADS? HOW'S THAT GONNA HAPPEN? I JUST, WHAT I CAN CERTAINLY LEAVE, IT'S MR. FLAKE. THAT WOULD BE UNDER THE TERMS OF THE ROAD USE AGREEMENT THAT'S THERE. I CAN TELL YOU WITH ONGOING PROJECTS THAT WE HAVE, IF WE HAVE SOMEONE OUT FOR MAINTENANCE AND THEY NOTICE THOSE ISSUES THAT AREN'T FROM REGULAR MAINTENANCE WITH OUR CONDITION, THEY'LL BRING THOSE [00:40:01] UP. AND ANYTIME WE DO RECEIVE A COMPLAINT FROM THE PUBLIC, WE ALSO PROVIDE THAT TO THE DEVELOPER TO FIX AS WELL. UM, I DON'T KNOW IF THERE'S ANYTHING FURTHER BEYOND THAT FOR WILL, AS THAT'S A PUBLIC WORK SIDE, BUT THAT WOULD BE TERMED IN THE AGREEMENT. I THINK THAT COVERS IT ALL. OKAY. AND UNDER, UNDER THAT ROAD USE AGREEMENT, IF THERE'S A REQUIREMENT FOR A, CALL IT A PERFORMANCE BOND OR A MAINTENANCE BOND, THAT WOULD BE INCLUDED IN THAT ROAD USE AGREEMENT AS WELL? THAT IS CORRECT. SO ALL CURRENT ROAD USE AGREEMENTS WE HAVE ARE BONDED AND THEY'RE BONDED PRE-CONSTRUCTION FOR THAT, UM, IN CASE YOU GET SOME VERY MAJOR DAMAGE TO MAKE SURE THAT WE'LL BE ABLE TO, UH, REPAIR THOSE SUFFICIENTLY. THE NEXT ITEM WE HAD WAS ADDING REQUIREMENTS FOR APPLICANTS TO CONSULT WITH MUNICIPALITIES AND TRIBAL ENTITIES WITHIN FIVE MILES OF PROPOSED PROJECT BOUNDARIES. UM, A LARGE ITEM THAT CAME UP FROM THE PUBLIC, WHETHER IT WAS IN THE MUNICIPALITIES OR THOSE IN THE UNINCORPORATED COUNTY, IS THEY WANTED MORE KNOWLEDGE, THEY WANTED MORE OUTREACH. UH, WE FELT BY ADDING THIS, WE WEREN'T GOING TO DICTATE WHETHER OR NOT A TOWN OR CITY WOULD LET A PROJECT COME NEARBY. UM, BUT IT WOULD MAKE THEM AWARE OF IT WHERE THEY COULD SPEAK WITH THE DEVELOPERS, SEE IF THEY HAD ANY CONCERNS AND DEAL WITH THOSE AS WELL. UM, WE WANTED TO MAKE SURE TO COVER ANY INCORPORATED AREA AS WELL AS ANY TRIBAL ENTITY HERE WITHIN THE COUNTY SO THAT THEY WOULD HAVE A VOICE IN THE PROCESS. UM, WE RECEIVED SOME COMMENTS ON THAT THAT I'LL ADDRESS IN A COUPLE MINUTES HERE TOO. UH, THE NEXT THAT WE HAD WAS CODIFYING THE MANDATE OF BEST USE, OR SORRY, THE USE OF BEST AVAILABLE COMMERCIALLY PROVEN TECHNOLOGY TO MINIMIZE WILDLIFE IMPACTS. SO I KNOW IT'S COME UP FROM THE COMMISSION IN THE PAST, WHETHER OR NOT THE COUNTY SHOULD SET A BASELINE AS FAR AS THE TECHNOLOGY THAT'S USED FOR THESE PROJECTS. UH, WHAT WE FOUND WITH THESE INDUSTRIES IS THAT THERE'S SUCH A RAPID EVOLVING OF THE PRODUCT THAT WE WANT TO MOVE FORWARD WITH THE BEST TECHNOLOGY. WE DON'T WANT TO BE WHERE PROTOTYPES ARE TESTED AS WELL. HOWEVER, UM, SO WE WANTED TO HAVE THIS REQUIREMENT HERE FOR THE COMMERCIALLY PROVEN TECHNOLOGY. ONES THAT ARE UNDER MANUFACTURE, ONES THAT ARE NOT GOING TO BE EXPERIMENTAL, BUT ALSO THE BEST AVAILABLE WITH THE CONCERN THAT IF WE SET A BASELINE FOR THE TECHNOLOGY FOR BATTERY STORAGE, FOR WIND TURBINES, FOR YOUR SOLAR ARRAYS HERE, THAT COULD ENCOURAGE USING OUTDATED TECHNOLOGY WHEN THESE PROJECTS COME TO CONSTRUCTION. AND SO THAT BEST AVAILABLE TECHNOLOGY COULD BE REQUIRED RIGHT UP UNTIL THE CONSTRUCTION PHASE THERE, EVEN BEYOND A SPECIAL USE PERMIT OR DEVELOPMENT AGREEMENT. AND THEN THE NEXT ITEM WE HAVE EXPECTED THIS OF ALL DEVELOPERS, WE HAVE COLLECTED THIS, WE WANTED THIS TO BE FORMALIZED BECAUSE OF THE IMPORTANCE OF THE DIFFERENT ELEMENTS, WAS CODIFYING A MANDATE FOR SITE STUDIES SUCH AS ENVIRONMENTAL, CULTURAL WETLANDS AND PHOTO SIMULATIONS ON THESE SITES. UM, SO AGAIN, WE WANTED IT CLEAR TO DEVELOPERS AND THE PUBLIC THAT THEY SHOULD EXPECT THESE WHEN THESE PROJECTS COME IN THAT THEY SHOULD BE ABLE TO VIEW. 'CAUSE THESE ARE A LOT OF AREAS WHERE THE PUBLIC IS CONCERNED OVER YOUR, YOUR FLOOD, UM, OUR CULTURAL RESOURCES THAT EXIST WITHIN HERE, OUR WILDLIFE, OUR FLORA AND FAUNA. UM, SO JUST STUDIES FOR THOSE RECEIVED BY US, WHICH WE HAVE BEEN DOING, BUT WE WANNA MAKE SURE IS CODIFIED. I THINK IT'S THE ONLY COMMENT I HAVE ON THAT FROM THE STANDPOINT OF CULTURAL RESOURCES, THAT IDENTIFYING THAT A, THAT AN APPROPRIATE CULTURAL RESOURCE STUDY HAS BEEN COMPLETED AND CONDUCTED AND NOT, NOT SHARING THE DETAILS OF THAT, BUT IDENTIFYING WHETHER THE THE RESPECTIVE STUDIES SATISFIED THE THE STATE OR LOCAL REQUIREMENTS. THAT IS CORRECT. AND THAT HAS ALSO COME UP DURING THIS. I APPRECIATE THAT. COMMISSIONER HOWE. UM, AS FAR AS SOME OF THESE MORE SENSITIVE AND MORE IN DEPTH CULTURAL STUDIES ARE REDACTED BY THE AGENCIES THAT RECEIVE THEM, UM, FOR NUMEROUS REASONS THAT ARE ALL VERY, VERY POSITIVE. UM, SO WE JUST EXPECT THAT WE RECEIVE A LETTER OR OTHERWISE THAT THOSE HAVE BEEN COMPLETED AND OR, UH, A PHASE ONE AT DESKTOP OF THE, THE STUDY WHICH IS AVAILABLE TO THE PUBLIC, THAT'S PUBLICLY AVAILABLE INFORMATION. AS FAR AS THE WIND SPECIFIC UPDATES, THIS WAS SOMEWHAT WITHIN THE ORDINANCE, BUT WE WANTED TO CLARIFY AND EXPAND. THIS WAS THE ONLY MAJOR WIND SPECIFIC ADDITION, WHICH WAS WAIVERS COULD BE ACCEPTED FROM NON-PARTICIPATING ADJOINING PROPERTIES WITHIN REQUIRED SETBACKS. THOSE ARE SPECIFIC TO THE WIND SETBACKS. UM, SO WITH THIS, IF A PROPERTY OWNER HAS A PROPERTY THAT WOULD BE WITHIN THE SETBACKS AND THEY COME TO A PRIVATE AGREEMENT WITH THE DEVELOPER THAT THE COUNTY SHOULD NOT INTERVENE AND TELL THEM THAT THEY CANNOT ENTER INTO THAT AGREEMENT, WHETHER THAT'S FINANCIAL OR OTHERWISE. AS FAR AS SPECIFIC TO THE SOLAR, UM, AGAIN, UH, SETBACKS AND DEVELOPMENT STANDARDS MUST COMPLY WITH THE ZONING DISTRICT IN WHICH THE FACILITY IS LOCATED. WE RECEIVE SOME COMMENTS ON THAT AS WELL THAT I'LL EXPAND UPON IN A FEW MOMENTS. AND THEN THE WAIVERS AGAIN FOR THAT, THAT IF THERE'S A SPECIFIC AGREEMENT THEY SHOULD BE ABLE TO ENTER. AND THEN A PROVISION FOR SCREENING [00:45:01] ADJACENT TO RESIDENTIAL DEVELOPMENTS. WE DON'T CURRENTLY HAVE ANY PROPOSED NEAR RESIDENTIAL DEVELOPMENTS, BUT WE WANT TO PREPARE FOR A FUTURE WHERE THAT COULD BE A POSSIBILITY. MY NEXT SLIDE HERE IS GONNA BE THE RECOMMENDATION. UH, I KNOW IT'S BEEN LENGTHY. THANK YOU FOR BEARING WITH ME. IT'S PRETTY LARGE AS AN UPDATE. AND SO I JUST WANTED TO SUMMARIZE WHAT WE'VE RECEIVED HERE. AS FAR AS COMMENTS THROUGHOUT THIS PROCESS. WE RECEIVED 21 COMMENTS AS OF POSTING OUR STAFF REPORT. ALL OF THOSE COMMENTS WERE SPECIFICALLY TO PLANNING AND DEVELOPMENT SERVICES. ALL OF THOSE COMMENTS WERE INCLUDED IN PACKETS TO THE COMMISSIONERS. ALL OF THOSE WERE RELATED TO RENEWABLE ENERGY. NONE WERE RELATED TO THE REMAINDER OF THE ZONING ORDINANCE. UH, THE COMMENTS THAT CAME IN THOSE 21 COMMENTS CAME IN PRIOR TO THE DEVELOPMENT OF THIS DRAFT OF THE ORDINANCE. SO THE COUNTY WENT THROUGH AND INCORPORATED THOSE COMMENTS AS COULD BE APPROPRIATE THROUGHOUT THIS. IN ADDITION, DURING OUR UPDATE PROCESS, I HAD MENTIONED WE HAD SOME LISTENING SESSIONS AND OTHER ITEMS HERE. THE FOLLOWING COMMENTS WERE RECEIVED BY COUNTY ADMINISTRATION. SO WE RECEIVED 51 JOT FORM SUBMISSIONS, ONLINE SUBMISSIONS REGARDING FEELINGS ON RENEWABLE ENERGY IN OUR ORDINANCE, FIVE LETTERS AND EMAILS, 28 COMMENTS AT A SHOW, LOW LISTENING SESSION 31 AT A HEBREW LISTENING SESSION 27 AT A JOSEPH CITY LISTENING SESSION. ALL OF THOSE COMMENTS WERE SUMMARIZED BY SHELLY, UH, YIELD HERE, OUR ASSISTANT TO THE COUNTY MANAGER. VERY, VERY GRACIOUS IN DOING THAT. AND WE'RE ALSO INCLUDED IN A PACKET FOR THE COMMISSIONERS. SINCE POSTING OUR STAFF REPORT, WE'VE RECEIVED FURTHER SEVEN COMMENTS ON THE DRAFT ORDINANCE. ALL OF THOSE ARE AGAIN RELATED TO RENEWABLES. NONE ARE RELATED TO THE REMAINDER OF THE ORDINANCE. THOSE COMMENTS HAVE BEEN SUPPLIED TO YOU ALL TODAY AS THEY CAME IN AFTER THE POSTING OF THE STAFF REPORT AND AFTER THE DEADLINE THERE. BUT YOU DO ALL HAVE THOSE PHYSICAL COPIES AND THOSE WILL BE SUPPLIED TO SUPERVISORS AS WELL. COMMON COMMENTS, AND THESE INCLUDED FEEDBACK ON, BUT WE'RE NOT LIMITED TO CLARIFYING LANGUAGE WITHIN THE ORDINANCE LANGUAGE THAT MIGHT'VE BEEN CONFUSING OR DIFFICULT FOR THE INDUSTRY. NOISE STANDARDS FOR WIND ENERGY SETBACKS FOR WIND ENERGY SPECIFICALLY BEING TOO LARGE, TOO EXCESSIVE, EXCESSIVE PUBLIC OUTREACH STANDARDS, DECOMMISSIONING TIMING AS FAR AS WHEN BONDS SHOULD BE POSTED FOR THESE PROJECTS. ROLE OF FIRE IN REVIEW AS TO WHETHER OR NOT THAT MIGHT BE TOO EXPANSIVE OR NEED FURTHER CLARITY. AND THEN TRANSFERENCE OF SUVS REQUIRING HEARINGS WITH THE BOARD OF SUPERVISORS. AND I JUST KIND OF WANTED TO REMIND THE, THE COMMISSION FOR THIS SAKE WITH REGARD TO SOME OF THOSE NOYCE STANDARDS HAVE NOT BEEN PROPOSED TO BE UPDATED AS A PART OF THIS ZONING ORDINANCE. THOSE STANDARDS HAVE BEEN IN PLACE FOR APPROXIMATELY 15 YEARS HERE WITH THE COUNTY. THAT WAS NOT A CONSIDERATION. A HEAVY AMOUNT OF WORK WENT INTO THOSE NOYCE STANDARDS AT THAT POINT IN TIME, AND WE'VE VERIFIED THAT THOSE ARE STILL SUSTAINABLE AND USABLE FOR FUTURE PROJECTS. SETBACK STANDARDS HAVE NOT BEEN PROPOSED TO BE UPDATED AS WELL. THESE ARE ORIGINAL. UM, THERE WAS CONCERN FROM CERTAIN INDIVIDUALS IN THE INDUSTRY THAT IT WOULD MAKE IT POTENTIALLY IMPOSSIBLE TO DEVELOP WIND PROJECTS. UH, DEPENDING ON YOUR LENGTH HERE ON THE COMMISSION, YOU MAY NOTE THAT WE HAVE THREE PROJECTS THAT HAVE EITHER BEEN CONSTRUCTED OR ARE UNDER CONSTRUCTION HERE WITHIN THE COUNTY. UM, SO IT IS CERTAINLY POSSIBLE TO CONSTRUCT, BUT WE ARE ONE OF THE MORE RESTRICTIVE COUNTIES WITHIN THE STATE AS WELL AS THE UNITED STATES FOR OFFSHORE WIND OR ON LAND, I GUESS IS WHAT I SHOULD SAY RATHER. UM, PUBLIC OUTREACH WAS A COMMON THEME OF THE COMMENTS RECEIVED THAT THE PUBLIC WANTED MORE NOTIFICATION IN THE PROCESS. THEY WANTED THIS EARLIER ON. THE STANDARD UTILIZED AND ADDED TO SOLAR HAVE ALREADY BEEN IN PLACE WITH WIND ENERGY SINCE AGAIN ABOUT 20 10, 20 11. UM, SO THIS WAS STANDARDIZING AND COMBINING THOSE PUBLIC OUTREACH REQUIREMENTS FOR EACH PART OF THE INDUSTRY. WIND DECOMMISSIONING HAS ALWAYS BEEN REQUIRED PRIOR TO CONSTRUCTION AND MAKING STAND IN MAKING STANDARDS UNIFORM, IT WAS PROPOSED THAT THE SOLAR ENERGY ORDINANCE ALSO HAVE THOSE BONDS PUT FORWARD PRIOR TO CONSTRUCTION. AND THEN FIRE JURISDICTION SPECIFICALLY REQUESTED THEY HAVE MORE CLARITY IN THEIR ROLE FOR REVIEW. A LISTENING SESSION, AS I NOTED WAS HOSTED WITH FIRE, GAVE A FEW OF THOSE SPECIFICS THERE AS WELL. UM, TRANSFERENCE OF THE SPECIAL USE PERMIT REQUIRING A HEARING. WE UNDERSTAND THE CONCERNS FROM THE INDUSTRY. THAT HAS ALWAYS BEEN A REQUIREMENT OF WIND ENERGY. THAT WAS NOT SOMETHING THAT WAS ENTERTAINED OR BROUGHT UP DURING THIS PROCESS. UM, SO THAT WOULD JUST BE EXPANDING THAT TO SOLAR AS WELL IF THAT WERE TAKEN IN AND ADOPTED. UH, AND FOR A LOT OF THESE, THE ABOVE COMMENTS WERE NOT HEARD NECESSARILY DURING THE EXTENSIVE OUTREACH THAT WE HAD CONDUCTED OVER THE PAST SIX MONTHS. UM, SO THESE ARE RATHER LAID ON IN THE PROCESS. THOSE DIDN'T SEEM TO BE CONCERNS RAISED WITH THE EXISTING WIND ORDINANCE THAT WAS THERE. UM, AND WE'VE EXPANDED ON THAT BASED UPON NOT HAVING RECEIVED THOSE CONCERNS AT THOSE POINTS IN TIME. IN REVIEW THE COMMENTS STAFF DOES BELIEVE THAT THE FOLLOWING UPDATES COULD BETTER FIRE [00:50:01] CLARIFY LANGUAGE WHILE NOT ALTERING THE INTENT OF THE ORDINANCE. SO AS MY RECOMMENDATION OF APPROVAL TONIGHT, I WOULD RECOMMEND THAT THESE ALTERATIONS ALSO BE MADE. UM, THEY'RE VERY MINOR AS FAR AS THE WORDS THAT ARE THERE. THEY DO NOT CHANGE THE INTENT OF THE ORDINANCE. UM, BUT THEY ARE VERY HELPFUL FOR CLARIFYING AND THEY TAKE A LOT OF DIFFICULTY OUT OF THIS PROCESS, UM, WHERE THERE'S CONCERN WITH THE INDUSTRY OR THE PUBLIC. UM, SO WITHIN RENEWABLE ENERGY, SPECIFICALLY PARAGRAPH TWO HII AND I I I ADDING THE WORD DESKTOP IN FRONT OF WETLAND DELINEATION REPORT AND CULTURAL RESOURCES REPORT. AS COMMISSIONER HOW HAS NOTED WE DO NOT GET ACCESS TO THOSE HIGHER LEVEL REPORTS. THIS IS ALSO HELPFUL FOR THE INDUSTRY THAT THEY UNDERSTAND THAT WE UNDERSTAND THAT AS A PART OF THIS PROCESS AS WELL. UM, THAT HAS ALWAYS BEEN THE STANDARD FOR OUR RENEWABLE PROJECTS. AND SO IT WILL PROVIDE BETTER CLARITY FOR ALL INVOLVED UNDER PARAGRAPH TWO UII ADDING BOARD OF SUPERVISORS HEARING AND OR DEVELOPMENT AGREEMENT TO CLARIFY PUBLIC OUTREACH WILL BE REQUIRED REGARDLESS OF PROCESS. UM, THIS WAS JUST AN OVERSIGHT WITH THE UPDATE WE TRIED TO ADD IN THE AND OR LANGUAGE THROUGHOUT, BUT THAT WAS BROUGHT UP TO US WITH A COMMENT AS WELL THAT WE HAD MISSED THAT. AND THEN UNDER PARAGRAPH TWO V, WHICH RELATES TO, SORRY, COMING BACK HERE. THE CONSULTING WITH MUNICIPALITIES OR TRIBAL ENTITIES CHANGING THE WORD CONSULT TO COORDINATE. UM, SO WE HAD RECEIVED COMMENTS. IT WAS NOT THE INTENTION OF STAFF, BUT CONSULTATION WITHIN THE CONTEXT OF TRIBAL RELATIONS AND PROJECTS BRINGS A CONNOTATION OF OFFICIAL FEDERAL PROCESSES THAT EXIST, WHICH THIS ORDINANCE CANNOT APPLY. UM, SO WITH THAT, WE WANTED TO SAY IT IS VERY VITAL THAT THERE'S THAT OUTREACH, BUT WE WOULD LIKE YOU TO COORDINATE. WE ARE NOT ASKING YOU TO UNDERTAKE PROCESSES THAT WE CANNOT KICKSTART AS AN AGENCY AS WELL AFTER REVIEW. STAFF DOES NOT FEEL THAT FURTHER EDITS TO THE ORDINANCE WOULD BE APPROPRIATE OUTSIDE OF THOSE THAT WERE JUST NOTED. UM, BEFORE I ROUND IT OUT HERE, WE RECEIVED SOME KIND OF QUESTIONS OR POINTS OF CLARITY WITHIN THE ORDINANCE THAT I HOPE I CAN JUST ADDRESS AND GET AHEAD OF FOR THOSE THAT HAVE COMMENTS SO THAT THEY CAN HAVE THEIR ADEQUATE TIME. UM, REGARDING SOLAR PANELS COUNTING OR NOT COUNTING TOWARDS IMPERVIOUS SURFACES. THEY DO NOT COUNT TOWARDS IMPERVIOUS SURFACE AS CURRENTLY DEFINED IN THE ORDINANCE OR AS WOULD BE UPDATED. THEY DO ALLOW FOR WATER RUNOFF. THEY'RE NOT QUALIFIED AS A BUILDING. UM, SO THERE WAS SOME CONCERN REGARDING THAT WITHIN THIS. AND THEN ITEMS LIKE LARGER FENCING, HEIGHTS BEING ALLOWED THEN IN RESIDENTIAL AREAS, EIGHT FEET HERE VERSUS SEVEN FEET IN SOME OF THE RESIDENTIAL AREAS. UM, ALLOWING LARGER FENCING HEIGHTS CAN BE TYPICAL FOR LARGER COMMERCIAL AND INDUSTRIAL TYPES OF PROJECTS THAT EXIST. AND AS THIS PORTION OF THE ORDINANCE IS MORE SPECIFIC IN NATURE THAN RESIDENTIAL ZONING DISTRICTS, THOSE PROVISIONS WOULD PREVAIL. UM, THAT'S BEEN ESTABLISHED REPEATEDLY BY THE ARIZONA SUPREME COURT. UM, BUT I CAN UNDERSTAND THE, THE CONFUSION AND WANTING CLARITY THERE OF SEEING ONE VERSUS THE OTHER AS A WHOLE. UM, THANK YOU FOR BEARING WITH ME FOR ALL OF THAT. I'M AVAILABLE FOR ANY QUESTIONS THAT YOU MIGHT HAVE. CODY, I'VE GOT A QUESTION REGARDING THE, UM, UM, THE COORDINATE VERSUS CONSULT. I APPRECIATE THAT CLARIFICATION AND CERTAINLY IT IMPLIES A, A DIFFERENT MAGNITUDE OF, UH, COMMUNICATION WITH GOVERNMENT TO GOVERNMENT VERSUS DEVELOPER TOWARD, UM, AGENCY. WHAT, WHAT LEVEL OF DOCUMENTATION OR PROOF MM-HMM ARE YOU ENVISIONING THAT, UH, THE DEVELOPER, THE PROPONENT WOULD, WOULD NEED TO PROVIDE TO SATISFY THAT? SO AT A BARE MINIMUM WITH WHAT'S IN THE ORDINANCE, THEY WOULD HAVE TO DO MAILINGS BY FIRST CLASS TO AN ENTITY. AND THEN IF THEY WERE TO HAVE ANY MEETINGS OR OTHERWISE, JUST A SUMMARY OF THOSE MEETINGS TO ENSURE THAT THERE'S NO MAJOR ISSUES THAT EXIST. BUT WE ALSO UNDERSTAND IT'S HARD TO REQUIRE BEYOND AT LEAST MAILING AN OUTREACH BECAUSE OFTENTIMES THE ENTITIES WILL NOT RESPOND. RIGHT? UM, THEY HAVE NO DESIRE TO RESPOND AND THAT'S ACCEPTABLE. UM, SO IF AFTER THOSE MAILINGS THERE'S BEEN ADEQUATE TIME AND THERE'S NO RESPONSE, THEN WE WOULD TAKE THAT AS YOU HAVE ATTEMPTED TO COORDINATE WITH THEM AND THEY HAVE CHOSEN NOT TO COORDINATE BACK AS A DEVELOPER WITH YOU. OKAY. I HAVE A COUPLE, AND MAYBE THESE ARE MORE JUST THOUGHTS THAN ON THE BEST TECHNOLOGY AVAILABLE TO ME THAT'S A LITTLE PROBLEMATIC BECAUSE IT'S VERY SUBJECTIVE. I MEAN, I CAN , YOU KNOW, WE, WE ALL HAVE OUR OWN OPINIONS ON WHAT'S, WHAT'S BEST AVAILABLE. I JUST, I DON'T KNOW THAT YOU NEED TO CHANGE ANYTHING. I'M JUST, I'M JUST THINKING THAT THAT COULD BE PROBLEMATIC IN MY, IN MY MIND. 'CAUSE I MIGHT THINK THAT IS THE BEST. AND, AND YOU, YOU MAY NOT AGREE. I CAN CERTAINLY UNDERSTAND THAT WHERE IT COULD BECOME SUBJECTIVE. I KNOW THAT WAS A POINT THAT THE COMMISSION WANTED TO SEE. WE WANTED TO HAVE THAT IN THERE FOR FIRE CONCERNS BECAUSE WE KNOW THERE'S BEEN CONCERNS AS TECHNOLOGY EVOLVES AS WELL AS WILDLIFE. [00:55:01] UM, YOU KNOW, THERE'S CERTAIN TECHNOLOGY THAT CAN AVOID AVIAN COLLISIONS. UM, I KNOW THAT GAME AND FISH IS CURRENTLY WORKING ON SOME PROVISIONS FOR SOLAR, UH, ENERGY TRYING TO FIND WAYS TO PREVENT THE LAKE EFFECT, WHICH CAUSES WATERFOWL, UH, POTENTIALLY TO CRASH INTO SOME OF THOSE LARGER RAYS. UM, SO WE'RE JUST GONNA WORK TOWARDS WHAT'S THE MOST BENEFICIAL FOR THE WILDLIFE OR FIRE AND OTHERWISE, BUT I COULD UNDERSTAND WHERE THAT, THAT CONCERN COULD BE THERE. WE'RE JUST TRYING TO MAKE SURE THAT THE COUNTY KEEPS UP WITH EMERGING TECHNOLOGY. ONE, ONE MORE. CODY, UH, THE WAIVERS WE TALKED ABOUT. I MEAN, I CAN, I CAN ENVISION THAT A GUY, A GUY LIVING HERE, YOU KNOW, WHATEVER THE, WHATEVER THE SETBACK IS, HE'S WITHIN IT AND HE EITHER SEES AN OPPORTUNITY TO MAKE SOME MONEY OR DOESN'T CARE OR WHATEVER THE, WHATEVER THE RULE IS. BUT, UH, PEOPLE MOVE, PEOPLE DIE. IT'S GONNA CHANGE HANDS EVENTUALLY, PROBABLY BEFORE THE PROJECT. UH, ONCE HE SIGNS THE WAIVER, YOU KNOW, THE CONT OR THE, UH, THE DEVELOPER'S NOT GONNA BE RESPONSIBLE TO, TO CHANGE BECAUSE RIGHT. IT'S, IT'S ALL IT SHOULD, SHOULD BE DONE. YEAH. SO I MEAN THE, THE ONUS WOULD BE ON THE PROPERTY OWNER AT THAT POINT TO EITHER RECORD THAT AGAINST THE PROPERTY OR TO DISCLOSE THAT AS A PART OF THEIR SALES. UM, BUT IT WOULD BE UP TO THEM TO, TO PUT THAT INFORMATION FORWARD. THE, THE DEVELOPER, I'M SURE THROUGH THEIR AGREEMENT WOULD MAKE SURE THEY'RE NOT LIABLE FOR ANY FUTURE OWNERSHIP. THAT IF THAT PERSON WERE NOT TO DISCLOSE THAT, THAT IT WOULD FALL UPON THEM LEGALLY. THAT THE DEVELOPERS DON'T NEED TO TRACK THAT THROUGHOUT THE LIFE OF THIS. YEAH. OKAY. YEAH, THAT'S ALL I HAVE. DID YOU HAVE SOME, RUTH, YOU HAVE SOME QUESTIONS? NO, NO, I, I AGREE WITH THAT. I THINK SOMETHING THAT STIPULATES IT RUNNING WITH THE LAND RATHER WITHIN THE PROPERTY OWNER. 'CAUSE THINGS HAPPEN SURE. TO SOME MONEY LEGAL RAMIFICATIONS. SURE. ANY OTHER QUESTIONS FROM THE COMMISSIONERS? OKAY. SO WHAT WE'RE GONNA DO, WE HAVE, UH, WE HAVE CODY. THANK YOU. THANK YOU. THANK YOU COMMISSIONERS. GOOD SUMMARY. UM, WE HAVE THREE CARDS HERE. SO LET ME TALK ABOUT THE PUBLIC COMMENT PERIOD. IN THE PAST ON, ON THE PUBLIC COMMENT PERIOD, WE'VE GONE, WE'VE DONE FOR THE PROJECT AND AGAINST THE PROJECT IS SEPARATE. WE'RE NOT GONNA DO THAT ANYMORE. WE'RE JUST GOING TO ASK FOR COMMENTS AND WHICHEVER YOU ARE YOU CAN, YOU CAN DO THE NAVAJO COUNTY PLANNING AND ZONING COMMISSION. WILL NOW OPEN THE PUBLIC COMMENT PERIOD FOR THIS ITEM AND HEAR COMMENTS. FOR THIS ITEM, COMMENTERS WILL BE GIVEN THREE MINUTES TO ADDRESS THEIR COMMENTS TO THE COMMISSION. THE COMMISSION ASKS THAT THE COMMENTERS LIMIT THEIR COMMENTS TO NEW COMMENTS. IF A POINT HAS ALREADY BEEN RAISED, PLEASE ONLY CONTINUE WITH NEW POINTS REGARDING THE ITEM. THE COMMISSION STAFF AND THE APPLICANT WILL NOT RESPOND TO COMMENTS DURING THE COMMENT PERIOD, BUT WILL NOTE CONCERNS. ONCE ALL COMMENTS HAVE BEEN HEARD, THE COMMENT PERIOD WILL BE CLOSED. AT THIS TIME, THE COMMISSION WILL ADDRESS STAFF AND ANY APPLICANTS WITH QUESTIONS AND CONCERNS. FOLLOWING THIS, A MOTION WILL BE MADE BY THE COMMISSION. THIS MOTION WILL SOLELY BE A RECOMMENDATION TO THE CA TO THE NAVAJO COUNTY BOARD OF SUPERVISORS. NO FINAL DECISION ON ITEMS WILL BE MADE TONIGHT. SO THE PUBLIC COMMENT PERIOD IS, IS OPEN. UH, RUTH, CAN YOU TELL ME WHO THAT IS? UH, THAT'S A GOOD ONE. I'M SORRY I CAN'T READ THE FIRST NAME, BUT IT'S, BUT IT LOOKS LIKE ZA UH, ELISA ALIZA. I'M SORRY. I ALL GOOD. NO WORRIES. I PROBABLY BUTCHERED THAT. NO WORRIES. I DON'T KNOW WHY MY PARENTS GAVE ME SUCH A COMPLICATED NAME, BUT ALL GOOD. ALL GOOD. . CAN, CAN, CAN YOU STATE YOUR NAME YES. AND YOUR ADDRESS FOR US, PLEASE? ABSOLUTELY. UH, GOOD EVENING, MR. CHAIR, MEMBERS OF THE COMMISSION. MY NAME IS S ADA. I AM THE GOVERNMENT RELATIONS SPECIALIST WITH THE ARIZONA TECHNOLOGY COUNCIL. OUR ADDRESS IS 2,800 NORTH CENTRAL AVENUE, SUITE 1530, AND I AM HERE TO ADDRESS YOU ON THIS ORDINANCE. FIRST, I WANT TO TAKE A MOMENT TO THANK MR. COOPER FOR ALL HIS HARD WORK OVER THE LAST FEW MONTHS. THIS HAS BEEN A YEAR LONG PROCESS, A LOT OF COMMUNITY FEEDBACK. UH, HE'S BEEN GRACIOUS ENOUGH TO TAKE COMMENTS FROM THE ARIZONA TECHNOLOGY COUNCIL AMONG OTHERS, UH, WHICH HAS BEEN PROVIDED IN YOUR PACKETS, AND HOPEFULLY IT WAS, UH, UH, HELPFUL INFORMATION. UH, SO I AM HERE TO SPEAK IN FAVOR OF THIS ORDINANCE WITH THE ALTERATIONS THAT MR. COOPER EXPLAINED. UH, AS YOU ALL KNOW, THE NAVAJO COUNTY OF 2025 IS NOT THE NAVAJO COUNTY OF 2010. [01:00:01] UH, THESE TOWNS, CITIES, COMMUNITIES HAVE GROWN. MORE PEOPLE ARE RELOCATING HERE, MORE PEOPLE ARE PROUDLY CALLING THIS COUNTY HOME. UH, AS SUCH, WE NEED TO DO WHAT WE CAN TO SUPPORT RENEWABLE ENERGY PROJECTS TO SUSTAIN ENERGY RESILIENCY IN THIS GROWING COUNTY. ON TOP OF THAT, I WANT TO DRAW YOUR ATTENTION TO THE FACT THAT THESE PROJECTS NOT ONLY BRING ENERGY RESILIENCY, BUT THEY ALSO BRING ECONOMIC RESILIENCY. BUT PROJECTS CREATE JOBS, TECHNICIANS, MAINTENANCE WORKERS, ENGINEERS, THEY BRING JOBS TO THIS COMMUNITY. SOME OF THESE JOBS DON'T REQUIRE COLLEGE DEGREES AND ARE AVAILABLE TO RESIDENTS FROM ALL DIFFERENT BACKGROUNDS. WHAT WE NEED TO DO IS SUPPORT THESE PROJECTS BECAUSE THESE PROJECTS PAY IMPACT. THE DEVELOPERS PAY IMPACT, FEES, TAXES, ET CETERA, THAT AREN'T PASSED NECESSARILY ONTO NAVAJO COUNTY'S RESIDENTS. AND THESE TAXES, ET CETERA, CAN BE USED TO FUND EMERGENCY SERVICES, ROADS, SCHOOLS, MEANS OF TRANSPORTATION. SO THESE PROJECTS ARE GOOD FOR THE COMMUNITY. UH, WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS, BUT THANK YOU ALL AGAIN. THANK YOU TO MR. COOPER. THANK YOU TO COUNTY MANAGER LADEN. UM, AGAIN, LET'S DO WHAT WE CAN TO SUPPORT RENEWABLE ENERGY IN NAVAJO COUNTY. THANK YOU. THANK YOU, THANK YOU. I DON'T THINK WE HAVE ANY QUESTIONS. APPRECIATE IT. UH, STEVE BROPHY. KRISTEN, I'M SORRY. YOU, YOU? YES. OKAY. YOU MIGHT WANNA ANNOUNCE THAT I DID. DID YOU? YEAH. PARDON ME. UM, MR. UH, CHAIRMAN, UH, VICE CHAIRMAN AND MEMBERS OF THE COMMISSION. MY NAME'S STEVE BROPHY. I RUN AZTEC LAND AND CATTLE COMPANY. UH, 4 6 4 7 NORTH 32ND STREET, PHOENIX, 8 5 0 1 8. UH, I STAGGERED UP HERE BECAUSE MY FOOT WENT TO SLEEP. , MY APOLOGIES. UM, JUST A COUPLE OF COMMENTS. ONE, I'VE HEARD IT, UH, SAID HERE TONIGHT, BUT THIS, UH, RE ORDINANCE REVISION, AND I'M SPEAKING STRICTLY FOR THE RENEWABLE ENERGY PART OF IT WAS A MASSIVE, MASSIVE UNDERTAKING BY THE, UH, COUNTY STAFF. AND I CANNOT TELL YOU, HAVING GONE THROUGH EVERY PAINFUL MOMENT OF IT, HOW MUCH EFFORT, UH, THEY PUT INTO IT, AND HOW MUCH HONESTY AND DECENCY AND CARE AND PROFESSIONALISM THEY DEVOTED TO IT. UM, SECOND, UM, I'D LIKE TO MAKE JUST A COUPLE OF COMMENTS. AND IT MAY BE AFTER THE HORSE HAS GONE FROM THE BARN, BUT, UH, JUST SORT OF A PLEA FOR CLARIFICATION IF IT MAKES SENSE. ONE, UM, UNDER, UM, UM, UM, TWO F OF THE ORDINANCE, IT, UH, REFERS TO THE LOCAL RESPONDING FIRE AGENCY. AND TO MY EYES, THAT SEEMS INDEFINITE AND WOULD LEAD ONE NOT TO KNOW, UH, WHAT THAT IS. SO I THINK, AND IT MAY, MAY BE A CRITICISM WITHOUT ANY MERIT, BUT I THINK THAT SHOULD BE REVIEWED FOR MORE SPECIFICITY. THE SECOND IS THAT, UH, THE DEVELOPMENT AGREEMENT CONCEPT IS COMPLETELY NEW TO US. I GATHER IT'S PART OF STATE LAW, AND IT'S BEEN USED BY OTHER COUNTIES. AND IT SEEMS, UH, TO BE MORE FLEXIBLE. UH, OUR CONCERN IS THAT, UM, THE STANDARDS IN THE ORDINANCE, WHICH I VIEW AS SORT OF THE BASELINE OF WHAT THE COUNTY EXPECTS NOT BE, UM, REVISED IN DEVELOPMENT AGREEMENTS TO MAKE THEM MORE RESTRICTIVE. SO IT'S THAT OR, OR MORE DIFFICULT, UM, UM, OTHER THAN BY MUTUAL AGREEMENT. UM, AND, UM, FINALLY, I REFER, UH, FOR MORE DETAIL, UH, COMMENT. THOSE OF, UH, THE MANY RENEWABLE ENERGY DEVELOPERS WITH WHOM WE DEAL, UH, WHO HAVE MORE SPECIFICS. I SAID FINALLY, IF I HAVE ANOTHER MINUTE OR AM I OUT OF TIME? YOU'VE GOT 30 SECONDS. YOU'RE, YOU'RE GOOD. OKAY. THE, UM, NOW, NOW [01:05:01] I FROZE. UM, THE, UM, WE DON'T REQUIRE, UH, BONDING FOR OUR LAND. AND OUR LAND IS FAR MORE IMPORTANT TO US THAN IT IS EVEN TO SOMEBODY DRIVING PAST IT UNTIL AFTER I THINK THE 10TH YEAR OF A PROJECT. AND WE DO THAT BECAUSE THESE UTILITY SCALE PROJECTS ARE MASSIVE INVESTMENTS, AND THEY'RE LENDERS IN ALL MANNER OF, AT OUTSIDE FORCES, MAKING SURE THAT WHAT THEIR MONEY'S GOING TO GOES INTO THAT. THE CRITICAL POINT IN, UM, UH, BONDING IS AT THE END OF THE PROJECT. AND, UM, I'M NOT SURE THAT THE COUNTY IS, UM, EQUIPPED AND MAYBE THEY ARE IN DEALING WITH END OF PROJECT TYPE BONDING ISSUES. AND THE ONLY WAY THAT I CAN THINK OF, AND I DON'T KNOW IF YOU CAN DO THAT IN AN ORDINANCE, THE ONLY WAY THAT I THINK YOU CAN DO THAT IS BY THE USING INSURANCE BONDING EXPERTS AND JUST, UM, ASKING THE COUNTY THAT, UH, THEY HAVE PEOPLE LIKE THAT SO THAT THEY KNOW THAT IN THE LAST FIVE YEARS OF A PROJECT, IT DOESN'T WIND UP IN THE HANDS OF A ZOMBIE COMPANY THAT, UH, HAS, UH, A ZOMBIE BONDING COMPANY, UH, BONDING IT. AND THEY DO HAVE REVIEWS, BUT THAT'S THE CRITICAL TIME, NOT AT THE BEGINNING. THANK YOU, MR. . WE'LL, WE'LL LET CODY ADDRESS THAT HERE IN A MINUTE. OKAY. THANK YOU. THANK YOU. UH, FAYE SOWERS. SOWERS. SOWERS. IT'S OKAY. SORRY. IT'S OKAY. . NO PROBLEM. YOU'RE NOT DOING GOOD AT THAT. IT'S ALL RIGHT. UH, GOOD EVENING, MR. CHAIR. CONGRATULATIONS, UM, COMMISSIONERS AND THE PLANNING DEVELOPMENT STAFF. AND THANK YOU, CODY, FOR ALL THE WORK THAT YOU'VE DONE IN ORDER TO GET, UM, THIS ORDINANCE TO WHERE IT'S AT RIGHT NOW. UM, MY NAME IS FAYE OUTERS, AND I'M A LAND USE ATTORNEY WITH BERGEN FRANK SMALLING. OBER HOLZER. UM, WE'RE HOUSED AT 43 43 EAST CAMELBACK ROAD, SUITE TWO 10, PHOENIX, ARIZONA, 8 5 0 1 8. UM, OUR FIRM HAS WORKED WITH, UH, RENEWABLE ENERGY PROJECT, WORKED ON MULTIPLE RENEWABLE ENERGY PROJECTS ACROSS THE STATE, AND WE APPRECIATE THE OPPORTUNITY TO PROVIDE INPUT ON THE ORDINANCE HERE TONIGHT. UM, WE'VE SUBMITTED RED LINES. I THINK YOU'VE HOPEFULLY PROBABLY RECEIVED THEM IN YOUR PACKET. AND WE'VE CHOSEN TO FOCUS REALLY JUST ON THREE KEY ISSUES, AND IT'S WITHIN THE RENEWABLE ENERGY, UM, PROPOSED DRAFT. AND THOSE WOULD BE ON NOTICE NOISE IN SETBACKS, UM, ALL WITH THE GOAL OF SUPPORTING A REGULATORY FRAMEWORK, UH, THAT PROTECTS PUBLIC INTERESTS WHILE RESPECTING PRIVATE PROPERTY RIGHTS AND ENABLING PROJECT DEVELOPMENT. UM, STARTING WITH NOTICE, WE RECOMMEND REVIEWING AND, AND JUST AS MR. BROPHY SAID, MAYBE THE HORSES ALREADY LEFT THE BARN, BUT WE DO RECOMMEND LOOKING OVER THOSE NOTICE REQUIREMENTS. RIGHT NOW. THEY'RE PROPOSED A ONE MILE PUBLIC NOTICE RADIUS, AND WE'RE RECOMMENDING IT TO BE HALF A MILE, WHICH ALIGNS WITH COMMON INDUSTRY PRACTICE. OVEREXTENDING THE NOTICE MAY CREATE UNNECESSARY BURDEN AND CONFUSION WITHOUT MEANINGFULLY IMPROVING PUBLIC ENGAGEMENT. THE, THE PROPOSED DRAFT ALSO REQUIRES NOTICE TO ALL INCORPORATED COMMUNITIES, UM, WITHIN FIVE MILES. IT INCLUDES A SEPARATE REQUIREMENT, AS CODY WAS TALKING ABOUT, TO CONSULT WITH TRIBAL COMMUNITIES. UM, WE RECOMMEND CLARIFYING THAT, UM, ALL INCORPORATED COMMUNITIES TO ALL TO BY REPLACING IT WITH ALL INCORPORATED CITY TOWNS AND TRIBAL GOVERNMENTS. UM, WITH THAT, BY DOING THAT, THE REVISION ENSURES THAT ALL RELEVANT LOCAL AND TRIBAL GOVERNMENTS RECEIVE A FORMAL NOTICE. UM, WITH THE CLARIFICATION, WE BELIEVE THAT THIS, THAT THE SEPARATE CLAUSE OF REQUIRING THE CONSULTATION WOULDN'T BE, WOULDN'T BE NECESSARY, UM, BECAUSE THE NOTICE ITSELF CREATES THE OPPORTUNITY FOR THOSE CONSULTATIONS WHERE YOU DON'T HAVE TO NECESSARILY, NECESSARILY WORRY ABOUT WHAT, HOW ARE YOU GONNA MEET THE BURDEN OF CONSULTATION OR COORDINATION? AND CODY ANSWERED IT BY SAYING, WE'RE GIVING 'EM NOTICE. SO WHY DON'T WE JUST GO AHEAD AND REVISE IT TO BE ABLE TO JUST SAY, WE'RE GIVING NOTICE TO THESE, THE TRIBAL COMMUNITIES AND THE CITIES AND TOWNS. AND THAT CLARIFIES IT AND MAKES IT A LITTLE MORE SIMPLE, UM, ON NOISE. THE ORDINANCE CURRENTLY PROPOSES A FLAT 45 DBA LIMIT, BUT IT DOES NOT ACCOUNT FOR DIFFERENCE BETWEEN PARTICIPATING IN NON-PARTICIPATING PROPERTIES. UM, WE HAVE RECOMMENDED, UM, THESE DIFFERENTIATED STANDARDS IN THE RED LINES THAT WE PROVIDED TO YOU GUYS. UM, THIS APPROACH REFLECTS HOW NOISE IS TREATED IN OTHER JURISDICTIONS [01:10:01] AND BALANCES THE REASONABLE LAND USE OF PARTICIPANTS, UM, WITH THE PROTECTION OF ADJACENT NON-PARTICIPATING LANDOWNERS. AND FINALLY, ON SETBACKS REALLY QUICKLY, WE'VE PROVIDED A CHART WITHIN THE RED LINES THAT PROVIDES THE PREPARED BY ENGINEERING EXPERTS BASED ON DATA AND AND EXPERIENCE THAT GUIDES THOSE SETBACK DISTANCES. UM, AND WE'RE URGING THE COUNTY TO, TO AVOID BLA BLANKET SETBACKS AND SOUND LIMITS THAT MAY UNNECESSARILY RESTRICT LANDOWNERS FROM UTILIZING THEIR PROPERTY, AND MAY POTENTIALLY RAISE CONCERNS UNDER PROP 2 0 7. UM, WE APPRECIATE YOUR THOUGHTFUL, YOUR THOUGHTFULNESS AND LOOKING AT THESE, UM, REVISIONS. AND THANK YOU FOR YOUR TIME, AND I AM OUT OF TIME, . APPRECIATE IT. THANK YOU. COMMISSIONERS. ANY ANY QUESTIONS, CONCERNS? WE'LL, I'M GOING TO, I WANT TO GET CODY BACK UP HERE TO ADDRESS A COUPLE OF THESE ITEMS IF YOU COULD. YES, MR. CHAIRMAN. ALRIGHT. YOU KNOW WHAT? I BETTER CLOSE OUR PUBLIC COMMENT PERIOD. WE'RE SO I SHOULDN'T EVEN FILL IT OUT THEN. OH. SO IT'S UP TO YOU, MR. CHAIRMAN, GO AHEAD. GO AHEAD AND FILL IT OUT AND HAND IT TO KRISTEN HERE, AND WE'LL THEN, THEN WE'LL TAKE CODY. YEAH. I APPRECIATE. NO, YOUR TIME'S RUNNING, BY THE WAY, . OOPS. YOU'RE OUTTA TIME . I'M TEASING. AND YOU WANT ME TO TALK NOW? YES. IF YOU WOULD, GIVE US YOUR, YOUR NAME AND ADDRESS FIRST. MY NAME IS ANGIE MCMILLAN. I LIVE AT 84 35. DEAR RUN, DRIVE IN SHOW LOW. UM, I JUST WANTED TO COME UP AND SAY, I LOVE RENEWABLE ENERGIES. I LOVE WHAT YOU GUYS HAVE DONE, AND I LOVE THAT YOU GUYS HAVE BEEN JUST SO WONDERFUL AT GETTING EVERYTHING TOGETHER AND MEETING IN THE MIDDLE WITH EVERYTHING. I REALLY DO APPRECIATE IT. UM, AND IT'S NOT ABOUT HOW BEAUTIFUL IT IS HERE. IT'S ABOUT HOW WE CAN HAVE SUSTAINING LIVING HERE, AND WE NEED TO BE ABLE TO LIVE HERE IF WE WANT, YOU KNOW, TO LOOK AT THE BEAUTY AROUND US. AND I'M, I'M VERY PROUD OF JUST LIVING IN NAVAJO COUNTY AND BEING LIKE, YEAH, WE HAVE WIND FARMS. THEY'RE BEAUTIFUL KIND OF STUFF. SO I KNOW A LOT OF PEOPLE DON'T LIKE THEM, BUT I JUST WANTED TO COME UP AND SAY THAT I THINK THEY'RE BEAUTIFUL AND IT'S, IT'S A WONDERFUL THING TO BE LIKE, YEAH, THERE'S SO MANY IN, UH, NAVAJO COUNTY GOING TO OTHER COUNTIES, AND THEY'RE LIKE, I HATE THEM. AND I'M LIKE, I, I LIKE THEM. SO I JUST WANTED TO COME UP AND SAY THAT THERE IS ONE PERSON, AT LEAST ONE THAT ENJOYS THOSE WIND TURBINES. THANK YOU GUYS. THANK YOU, CODY. MR. CHAIRMAN, COMMISSIONERS, ARE THERE ANY SPECIFIC ITEMS THAT YOU'D LIKE ME TO ADDRESS AT THIS POINT? UH, MR. BROPHY HAD, UH, TWO F UH, THE RESPONDING FIRE AGENCIES. YOU HEARD THAT QUESTION? YES. UM, TOTALLY CAN UNDERSTAND MR. BROPHY'S CONCERNED THERE. IT, IT'S QUITE DIFFICULT, UH, IN ALL HONESTY AS FAR AS DEFINING THIS OUT. SO THE ISSUE YOU RUN INTO IS THE VAST MAJORITY OF THESE PROJECTS ARE WITHIN THE JURISDICTION OF THE STATE FIRE MARSHAL, MEANING THAT THEY'RE OUTSIDE OF THE, THE TECHNICAL JURISDICTION OF THESE RESPONDING FIRE AGENCIES, THESE FIRE DISTRICTS THAT ARE HERE. UM, SO IN ESSENCE, THE LOCAL RESPONDING FIRE AGENCY, BECAUSE THE STATE FIRE MARSHAL'S OFFICE, WHILE THEY DO HAVE SOME AGENTS WHO LIVE UP HERE, THEY DO NOT HAVE A FULL RESPONDING AGENCY, UH, AND SERVICE FOR THE COUNTY. UH, THE LOCAL RESPONDING AGENCY BECOMES WHICHEVER JURISDICTION SIGNS OFF AND SAYS THEY'RE WILLING TO RESPOND. SO AS A PART OF THIS OUTREACH, WE WILL REACH OUT TO THOSE JURISDICTIONS. I CAN TELL YOU THE THREE TYPICAL THAT YOU FOUND, YOU ALMOST FIND A TRIANGLE OF WHAT'S HERE WITHIN IT IS GONNA BE YOUR JOSEPH CITY, UH, HEBREW OVER GUARD, AND TAYLOR SNOWFLAKE, FIRE AND MEDICAL. UM, SO IT REALLY IS GONNA END UP BEING WHICHEVER AGENCIES SAY THEY'RE WILLING TO RESPOND, AND THEN THROUGH THEIR REVIEW, WHATEVER THEY MAY NEED AS FAR AS ABOVE AND BEYOND INFRASTRUCTURE TO KEEP THEM SAFE WHEN THEY'RE RESPONDING ON SITE. BUT I, I CAN UNDERSTAND WITH THAT BEING, IT IS VERY DIFFICULT WITH DISTRICT BOUNDARIES. OTHERWISE WE WOULD JUST GIVE IT TO THE DISTRICT, BUT THE DISTRICT THAT'S THERE DOESN'T HAVE A RESPONDING AGENCY FOR US. OKAY. UM, DEVELOPMENT AGREEMENT, IS IT MORE RESTRICTIVE? I, THAT, THAT WAS THE QUESTION I GOT OUT OF THAT. IS IT, ARE [01:15:01] WE MAKING IT MORE RESTRICTIVE WITH THE, WITH THE DEVELOPMENT AGREEMENT? I DON'T THINK IT'S NECESSARILY MORE RESTRICTIVE. I MEAN, THERE'S CERTAINLY GIVE AND TAKE IN HOW THAT OPERATES. UM, THERE'S CERTAIN COMPONENTS THAT COULD BE INCLUDED OR ADDED TO THIS. THERE'S CERTAIN COMPONENTS THAT WOULD BE OUTSIDE OF THIS, UM, THROUGH THE, THROUGH THE STATUTES THAT ARE THERE, 11 DASH 1101, IT PROVIDES THE FRAMEWORK FOR WHAT'S CONSIDERED UNDER THOSE, WHICH I TRIED TO SUMMARIZE SOME OF THE KEY POINTS TO THE COMMISSION. UM, SO YES, I MEAN, YOU, YOU CAN HAVE A LITTLE MORE SUBJECTIVITY OR, OR WHERE YOU WORK THROUGH BASED ON COMMENTS FROM THE PUBLIC OR WHAT YOU'RE AWARE OF. BUT IN GENERAL, IT'S, IT'S NO MORE RESTRICTIVE THAN YOU WOULD SEE WITH A SPECIAL USE PERMIT. NO, IT'S JUST A DIFFERENT PROCESS, UM, THAT CAN PROVIDE SOME DIFFERENT BENEFITS TO ALL OF THE PARTIES THAT ARE THERE. OKAY. UH, THE BONDING IS THAT, IS THAT HOW THAT'S TYPICALLY DONE IS THROUGH AN INSURANCE AGENCY? UH, TYPICALLY IT'S DONE THROUGH SOME TYPE OF INSURANCE OR FINANCIAL AGENCY THERE. UH, WE HAVE A FEW BONDS IN PLACE THAT ALREADY EXIST, UH, WITH PROJECTS. UM, MOSTLY OUR, OUR WIND PROJECTS HERE, SINCE WE'VE ALWAYS REQUIRED THAT BONDING UP FRONT WITH THOSE, UM, WE DO REVIEW THOSE WITH THE COUNTY ATTORNEY'S OFFICE. WE, WE HAVE A ATTORNEY THAT SPECIALIZES IN BOND MATTERS AND GOES THROUGH THOSE WITH US. AND IF WE EVER NEED TO, THEN WE'D BRING OUTSIDE COUNSEL FOR THE REVIEW ON THOSE. UM, UNDERSTAND, YOU KNOW, I'D SUMMARIZED IN THOSE COMMENTS THAT THERE ARE CONCERNS, I GUESS, THAT HAVE BEEN RAISED OVER MAKING SOLAR UPFRONT VERSUS WIND, UNDERSTANDABLY, THAT WILL MAKE THE BONDS MORE EXPENSIVE BECAUSE YOU'RE POSTING THE BONDS EARLIER IN THE LIFE. UM, BUT THAT WAS A REPEATED COMMENT THAT CAME UP THROUGH OUR PROCESS OF LISTENING SESSIONS, UM, THROUGH OUR WORK SESSIONS WAS BONDING. UM, THERE WERE CERTAINLY THE TWO EXTREMES, RIGHT? WE WOULDN'T LIKE TO SEE BONDING UNTIL 15 YEARS. AND THEN WE HAD PARTIES THAT ARE WITHIN YOUR PACKET THAT WERE LOOKING FOR BILLION DOLLAR CASH BONDS UP THREE TIMES THE COST OF CONSTRUCTION, NOT THE ACTUAL RECLAMATION OF THE PROJECT. UM, JUST FOR THE COMMISSION'S PURPOSES, WE CAN'T ACCEPT CASH BONDS. SO THAT WAS SOMETHING THAT WE RAN THROUGH, THROUGH WITH THE LEGAL SIDE. UM, SO WHERE I'D SAID WE GAVE CONSIDERATION WHERE WE WERE, WE CANNOT DO THAT PER THE ADVICE OF OUR ATTORNEYS. UM, SO WE TRIED TO LOOK FOR A BALANCE THROUGH THIS PROCESS TO BRING AWAY CONCERNS OVER BONDING, BUT NOT GO SO OVERBOARD THAT YOU HAVE MORE OR LESS MADE A, A DEFACTO BAN ON RENEWABLE ENERGY BY MAKING IT SO COST PROHIBITIVE THAT IT WOULD EXCEED ANYWHERE IN THE US OR THE WORLD WITH THAT AS WELL. PERFECT. I, I'M KIND OF DOMINATING HERE. I'M GONNA GO THROUGH MY LIST AND YOU GUYS CAN DO YOURS. UH, THE NOTICE THAT, UH, THE, IS IT THE, THE ORDINANCE NOW IS ONE MILE? YEAH. SO AS FAR AS THE WIND ENERGY ORDINANCE, IT'S ALWAYS BEEN THAT ONE MILE NOTIFICATION FROM THE BOUNDARY OF THE, THE PROJECT. THERE'S A FEW OTHER PROVISIONS IN THERE AS WELL. FOR THOSE, UM, BOUNDARY NOTIFICATIONS FOR SOLAR, IT'S BEEN MUCH MORE LIMITED BECAUSE IT'S BEEN, ESPECIALLY USE PERMIT WITHOUT THOSE EXTRA PROVISIONS THERE. UM, SO IT CAN BE A FEW HUNDRED FEET IN CASES IN SOME CASES, DEPENDING. UM, AGAIN, A LARGE COMMENT WE RECEIVED THROUGHOUT THIS WAS THE PUBLIC WANTED TO BE MORE INFORMED OF THESE PROJECTS. WE HAVE FOUND A MORE INFORMED PUBLIC WHEN WE HAVE OUR WIND PROJECTS, WE GET MORE OUTREACH, WE HAVE MORE INPUT BROUGHT IN BY THOSE THAT COULD POTENTIALLY BE AFFECTED. UM, AND SO WE FELT IT WOULD BE APPROPRIATE TO GO THROUGH AND MIRROR BASED ON THE PUBLIC'S DESIRE FOR MORE KNOWLEDGE OF THESE PROJECTS. WE DO UNDERSTAND THAT IT ADDS TO ADMINISTRATIVE COSTS AND WORK. UM, OFTENTIMES WE HAVE SYSTEMS THAT TO AN EXTENT, CAN HELP WITH NOTIFICATION SYSTEMS, AND KRISTEN CAN CLARIFY. IT CAN BE A LITTLE BIT TIME CONSUMING. UM, BUT WE FEEL THAT THAT IS WORTH IT TO MAKE SURE THAT OUR PUBLIC'S INFORMED WITH THESE PROJECTS AS THEY MOVE FORWARD. NOISE, WE CAN UNDERSTAND IT IS VERY BURDENSOME. SURE, YES. KAY. UH, NOISE AS FAR AS THE NOISE, THAT WAS NOT SOMETHING, I MEAN, IT WAS A CONCERN BROUGHT UP DURING THIS THAT MAYBE OUR NOISE WASN'T FACTORING FOR ENOUGH. UM, THOSE COMMENTS THAT WE'VE RECEIVED AFTER FEEL THAT WE'RE FACTORING FOR TOO MUCH, UM, IN, IN THIS CASE HERE. SO, AGAIN, SOMEWHAT OF A BALANCE, BUT THAT WAS PREPARED WITH EXPERTS, UM, THROUGH THIS. IT, IT WAS NEVER SOMETHING WHERE THE COUNTY WAS ENTERTAINING THOSE DECREASES OR, OR ALTERATIONS AROUND THE NOISE. WE HAD LOOKED TO SEE IF YOU APPLY THIS, CAN YOU MAKE SURE THAT THE PUBLIC IS SAFE BASED ON THE NOISE AND THE EFFECTS THAT COULD BE FACED THERE. AND WE FEEL THAT WITH THE NOISE THAT EXISTS, WE CAN BE ABSOLUTELY CERTAIN THAT OUR PUBLIC WILL REMAIN SAFE. WE COULDN'T BE AS CERTAIN IF WE WERE TO MAKE THOSE OTHER ALTERATIONS THERE AND TWEAKING WITH THOSE AT THIS POINT IN TIME. THANK YOU. LAST ONE FOR ME, SETBACKS? UH, YES. THE COMMENT WAS TO, UH, AVOID BLANKET SETBACKS. AND I, I, BUT IT'S KIND OF HARD. YOU HAVE TO SET A RULE. I [01:20:01] GET THAT. AND DEFINITELY UNDERSTANDABLE. AGAIN, ALL OF THESE SETBACKS THAT ARE THERE FOR WIND, OUR WOULD'VE BEEN EXISTING FOR ABOUT THE PAST 15 YEARS FOR US. UM, AGAIN, IN THIS PROCESS, WE RECEIVED QUITE A, ALL THE WAY BACK TO THE COMPREHENSIVE PLAN. WE HAD COMMENT CARDS FOR THESE. UM, WE RECEIVED SOME PEOPLE SAYING THEY BELIEVE THERE SHOULD BE A REDUCTION IN SETBACKS, THAT IT MIGHT BE INHIBITING DEVELOPMENT. WE SAW PEOPLE WHO SAID THAT THEY WANTED TO SEE A LARGE INCREASE IN SETBACKS. UM, SO SOME WERE SAYING SIX MILES FROM ANY RESIDENCE. WE CURRENTLY QUALIFY LEGAL RESIDENCES TO ENSURE THAT EVERYONE IS PLAYING BY THE SAME PERMITTED GAME THROUGH THIS, THAT YOU CAN'T HAVE SOMEONE THROW UP A SHACK AT THE LAST MINUTE AND TRY TO DERAIL A PROJECT WITHOUT PERMITTING IT. UM, WE HAD PEOPLE GOING AS FAR AS, I THINK 50 MILES IS WHAT THEY WANTED FROM, UH, THE NEAREST RESIDENCE. UM, SO WE UNDERSTAND THAT THOSE CAN BE LARGER PARAMETERS. OFTENTIMES, YOU'RE GONNA FIND WITH THE NOISE REQUIREMENTS THAT EXIST, THOSE SETBACKS, YOU MAY NEED AN EVEN FURTHER DISTANCE TO MEET WITH THE NOISE. SO WE DON'T BELIEVE THAT THOSE ARE UNREASONABLY PROHIBITIVE HERE. AS EVIDENCED BY THE FACT THAT WE HAVE THE DRY LAKE WIND FARM, UH, WE HAVE A PORTION OF THE CHEVON BUTTE WIND FARM THAT'S SHARED WITH COCONINO COUNTY, AND WE CURRENTLY HAVE THE WEST CAMP WIND FARM UNDER CONSTRUCTION. UM, SO WE'VE SHOWN THAT WE CAN STILL KEEP THE PUBLIC SAFE, BUT IS CLEARLY NOT SO PROHIBITIVE THAT YOU CANNOT SEE THESE PROJECTS COME IN AS THE COUNTY HAS SEEN THREE OVER THE PAST 15 TO 18 ISH YEARS. COMMISSIONERS, ANY QUESTIONS? I HAVE A QUESTION. HOW DO YOU MENTION KEEPING THE PUBLIC SAFE, SIR? HOW DO YOU DO THAT WITHOUT A FIRE DISTRICT? HAVE YOU BEEN OUT TO THE WEST CAMP DEAL? YES, SIR. I, I HAVE BEEN OUT THERE THREE OR FOUR TIMES HERE, UH, IN THE PROFESSIONAL CAPACITY. UM, BEEN OUT OF THERE IN THAT AREA PLENTY OF TIMES ON MY OWN AS WELL. UM, AS FAR AS KEEPING THE PUBLIC SAFE, THAT'S HOW WE'VE EXPANDED THE AUTHORITY OF FIRE AGENCIES AND MAKING SURE THAT THEY'RE COORDINATED THROUGH THROUGHOUT THIS PROCESS SO THEY'RE AWARE OF WHAT IS ON SITE, HOW THEY CAN RESPOND. UM, MANY, I KNOW HEBREW OVER GUARD WITH THE WEST CAMP WIND FARM HAS DONE SOME JOINT TRAINING SESSIONS, UH, WITH A ES THERE ON SITE AS FAR AS, YOU KNOW, AVAC AND OTHERWISE. UM, SO IT'S MAKING SURE THAT OUR FIRE AGENCIES THAT CAN RESPOND ARE GOING TO BE ABLE TO, THAT THEY'RE AWARE OF THE PROJECT THAT THEY'VE BEEN INVOLVED THROUGHOUT THE PROCESS FROM THE INCEPTION TO CONSTRUCTION AND POST-CONSTRUCTION AS WELL. SO CURRENTLY THEY DON'T HAVE THE ABILITY TO FIGHT ANY KIND OF A FIRE OTHER THAN A FIRE EXTINGUISHER MOUNT OF YOU HAD THE CAB, THE DOZER, THEY, THEY LACK THE EXPERIENCE, THEY LACK THE TRAINING, THEY LACK THE EQUIPMENT. AND THAT'S ALL IN NAVAJO COUNTY, AS FAR AS I'M CONCERNED. THAT'S ALL THE COUNTY'S RESPONSIBILITY BECAUSE IT'S UP TO US TO REGULATE SOME OF THIS STUFF. MM-HMM . AND WITHOUT ENFORCING, WITHOUT REQUESTING THAT THEY DO THIS, WHAT IS THERE TO REGULATE. AND THAT'S, YOU GUYS ARE CARE TO LISTEN TO ME, THAT'S FINE. BUT THANK YOU FOR YOUR TIME AND I UNDERSTAND YOUR CONCERN. COMMISSIONER MUR, WE'VE, WE'VE HAD THE CONCERNS RAISED DIRECTLY THROUGH THE FIRE AGENCIES AND DISTRICTS AS WELL, UM, GIVEN THE CONFINES OF HOW RURAL AND LARGE WE ARE, WE'RE TRYING TO WORK TO BRING MORE AUTHORITY TO THESE WITH THESE PROJECTS. I KNOW A NUMBER OF THEM HAVE OFFERED TO PROVIDE TRAINING TO PROVIDE GEAR FOR THESE AS THEY GO THROUGH, UM, AS A PART OF THE REVIEW. THAT COULD BE SOMETHING THEY COULD REQUEST. I MEAN, YOU KNOW, AS I'D NOTED, HEGAR HAS DONE SOME TRAINING WITH ONE OF THE FACILITIES UNDER CONSTRUCTION. UM, WE'D LOVE TO FACILITATE THAT. UH, WE HAVE AN EMERGENCY MANAGER HERE WITH THE COUNTY WHO WORKS ON TASK FORCES WITH THOSE AS WELL, AND SHE'S VERY INVOLVED. UM, SO WE'RE TRYING TO EMPOWER TO THE GREATEST OF OUR ABILITY, AND WE WILL COORDINATE WITH FIRE, UH, THROUGHOUT THESE PROCESSES AND ONWARDS. THANK YOU, MR. CHAIR. I HAVE A COUPLE, EXCUSE ME. I, I GUESS IN REFERENCE TO, I WOULD CERTAINLY SUPPORT THE MAINTAINING THE ONE MILE NOTIFICATION BUFFER. UM, I DO RECALL A NUMBER OF TIMES WE RECEIVED, UH, PUBLIC COMMENTS SPECIFICALLY ON THE SOLAR PROJECTS WHERE PEOPLE HADN'T BEEN NOTIFIED OR WERE NOT AWARE. SO I WAS GLAD TO SEE THAT. UM, I, I, IN REFERENCE TO, TO THE COMMENT, UM, THAT WAS MADE REGARDING PROVIDING NOTICE VERSUS COORDINATING, UM, AGAIN, I WOULD EMPHASIZE THE, THE NEED FOR COORDINATION, UM, FROM THAT STANDPOINT. AND SPECIFICALLY, UM, THE REFERENCE TO TRIBAL GOVERNMENTS. UM, MORE SPECIFICALLY WITHIN THE NAVAJO NATION, YOU HAVE CERTIFIED CHAPTERS 110 CHAPTERS ACROSS THE NAVAJO NATION THAT ARE, SOME OF WHICH ARE BASICALLY, THEY HAVE THEIR, THEIR OWN ENTITY. UM, THEY CAN HAVE THEIR OWN, UM, ORDINANCES, THEIR OWN REGULATIONS AND, UM, ACT AS THEIR OWN SOVEREIGN GOVERNMENT WITHIN THE NAVAJO NATION [01:25:01] STRUCTURE. SO, UM, OFTENTIMES IF COMMENTS ARE PROVIDED TO, UM, TO WINDOW ROCK, UM, THEY COULD EASILY BE, UM, LOST IN THE MIX. UM, FROM THE STANDPOINT OF NOT HAVING INPUT FROM THE LOCAL GOVERNMENT, UM, IEA CHAPTER, UM, OBVIOUSLY THAT'S RESPECTIVE OF NAVAJO ONLY, UM, BUT FROM THE SAME STANDPOINT OF CERTAINLY ACKNOWLEDGING, UM, THAT THE APPLICANT NEEDS TO BE PROVIDING THE, THE APPROPRIATE COMMUNICATION WITH, WITH THAT ENTITY. SO THAT'S ALL I HAVE. THANK YOU, SIR. ANY OTHERS? YES. UM, CODY, YOU KNOW, I HAVE TOUCHED ON THIS A LITTLE BIT, BUT IT'S STILL SOMETHING THAT THAT KIND OF HAUNTS ME WITH ALL, ALL OF THE REQUIREMENTS, AND I THINK THERE'S SOME GREAT GROUNDWORK DONE THERE. REQUIREMENTS THAT NEEDS TO BE MET, UM, DURING THE CONSTRUCTION AND EVEN AFTER THE PROJECTS ARE UP RUNNING. BUT WHAT SORT OF MECHANISMS CAN BE PUT IN PLACE OR COULD WE UTILIZE AT THE COUNTY LEVEL FOR MAYBE PERIODIC INSPECTIONS EVERY FIVE YEARS, WHATEVER, JUST TO MAKE SURE THAT THESE WIND FARMS THAT ARE GOING UP ARE IN COMPLIANCE WITH WHAT THE ORIGINAL AGREEMENTS SAID THAT THEY WERE GONNA DO. YOU KNOW, WHETHER IT'S LOOKING FOR LEAKING FUELS OUT OF THE, OUT OF THE TOWERS OR, YOU KNOW, THE ROAD'S NOT BEING PROPERLY MAINTAINED. I, I DON'T KNOW. I, I CAN GO THROUGH, I'M SURE THERE'D BE A MYRIAD OF THINGS, AND NOT ALL OF THOSE ARE THINGS THAT THE COUNTY WOULD CONCERN THEMSELVES WITH, BUT I DON'T SEE ANYTHING IN PLACE THAT SAYS, OKAY, THESE ARE GONNA BE UP HERE FOR 25 OR 30 YEARS, AND ONCE THEY GET THE PERMIT, THEY'RE OFF AND RUNNING, BUT THERE'S, DOESN'T SEEM TO BE ANYTHING IN PLACE FOR FOLLOW UP TO SAY, HEY, ARE THEY HOLDING UP THERE? AND HOW WITH DRY LEG, HOW'S THAT MEASURED UP? YOU KNOW, IS IT, IS IT GONE THE WAY IT WAS SUPPOSED TO GO? ARE THERE THINGS WE SHOULD KNOW ABOUT THAT HAVE SLIPPED THROUGH THE CRACKS THAT SHOULD HAVE BEEN MAINTAINED, OR WE SHOULD HAVE BEEN AWARE OF, OR THEY SHOULD HAVE BEEN ADDRESSED BECAUSE THEY WERE NO LONGER IN COMPLIANCE WITH HER, WITH, UH, THE CONTRACT WITH US. AND SO I, I DON'T KNOW IF THAT'S UNREALISTIC OR NOT. AND I KNOW THAT THE, THE TIMING THAT, THAT WOULD INVOLVE AND THE STAFF THAT IT WOULD'VE INVOLVE, UM, I DON'T KNOW WHAT THAT WOULD LOOK LIKE. I DON'T KNOW IF THERE'S A WAY I, I DON'T THINK IT'S SOMETHING YOU NEED TO BABYSIT, BUT I'D LIKE TO SEE SOMETHING IN PLACE FOR EVERY, YOU KNOW, A A A FIVE YEAR CURSORY, YOU KNOW, ENGINEER, SOMEBODY GOING OUT THERE AND SAYING, YEAH, IT'S, IT'S ALL, IT ALL LOOKS LIKE THEY'RE, THEY WOULD KNOW WHAT POINTS NEED TO BE IN COMPLIANCE AND SEE IF THEY STILL ARE. THANK YOU. CONFORMANCE INSPECTION VERSUS A CODE CODE ENFORCEMENT. YEAH. AS A RESULT OF COMPLAINT. AND I, I, ESPECIALLY FOR A LONGER TERM PARA, I DON'T KNOW, THESE WERE UP FOR A REALLY LONG TIME AND, AND, AND A LOT OF THE, THE PEOPLE IN THE COUNTY AREN'T OPPOSED TO, UH, AREN'T IN FAVOR AND THE LOT ARE, YOU KNOW, ARE FINE WITH IT. BUT IF WE'RE NOT MAKING SURE THAT THOSE CRITERIA, UH, YOU KNOW, I'VE HAD PEOPLE ON HUNTS CALL ME AND SAY, HEY, YOU KNOW, THOSE TOWERS OVER SUCH AND SUCH, YOU KNOW, THEY'RE LEAKING OIL AND IT'S ALL GOING INTO THE GROUND. AND I DON'T KNOW IF IT'S TRUE OR NOT. I DIDN'T RUN UP THERE AND LOOK, BUT IT, IT JUST, IT RAISED A CONCERN WITH ME THAT OTHER THINGS, ONCE, ONCE THEY GO UP, THERE DOESN'T SEEM TO BE ANY MECHANISM IN PLACE TO MAYBE FOLLOW UP AND SEE IF EVERYTHING'S REALLY IS ROSY AND, AND GOING AS WELL AS IT SHOULD. THANK YOU VICE CHAIR SMITH FOR THE KIND OF THE COMMENT AND TO ADDRESS THAT. I, I APPRECIATE IT. I SHOULD HAVE ADDRESSED THIS EARLIER. UM, SO THAT IS A COMMENT THAT'S COME UP FROM ONE OF THE SUPERVISORS AS WELL DURING WORK SESSIONS. UM, IT'S ALSO BEEN A POINT OF EMPHASIS THAT THEY'VE HAD OVER THE PAST FEW YEARS WITH SPECIAL USE PERMITS. UM, SO ON THE CONDITIONS WHEN YOU SEE SPECIAL USE PERMITS CURRENTLY, YOU'LL SEE THAT AT LEAST AT A MINIMUM, THE COUNTY HAS BEEN SAYING EVERY FIVE YEARS THEY'LL GO BACK AND REINSPECT THESE PROJECTS TO MAKE SURE THAT THEY'RE STILL COMPLIANT. OFTENTIMES THAT CAN BE REDUCED AS LOW AS LIKE A YEAR, WHICH HAS HAPPENED AS WELL. UM, SOME, SOME OF THOSE FLEXIBLE TIMEFRAMES, UH, WITHIN THE CURRENT ORDINANCE, WE REQUIRE THAT BONDS BE INSPECTED AND UPDATED EVERY FIVE YEARS TO BE ADJUSTED FOR COSTS, UM, BECAUSE COST OF REMOVAL COULD INCREASE, YOU KNOW, COST OF SCRAP COULD DECREASE OR VICE VERSA. IT'S VERY RARE, BUT DEPENDING ON THE, THE COST OF MATERIALS THAT THAT CAN HAPPEN. UM, SO WE DO HAVE SOME OF THOSE PROVISIONS WITHIN THERE. I CAN TELL YOU ALSO INTERNAL TO OUR DIVISION HERE WITH PLANNING, BASED ON SOME OF THAT FEEDBACK, UH, WE HAVE DEVELOPED A FULL INTERNAL CALENDAR FOR THE DEPARTMENT FOR SPECIAL USE PERMITS AND DEVELOPMENT AGREEMENTS, AND THAT CALENDAR WILL HAVE YEARLY AND THEN THOSE LARGE ANNIVERSARY REMINDERS TO INSPECT BONDS TO INSPECT SITE TO GO THROUGH. SO THAT IS SOMETHING WE REQUIRE THROUGH SPECIAL USE PERMITS AND SOMETHING THAT COULD ALSO BE REQUIRED AS THE DEVELOPMENT AGREEMENT. AND WITH THAT CALENDAR, I'VE MADE SURE, JUST BECAUSE YOU GUYS HAVE SEEN A FEW PLANNING MANAGERS AND DIRECTORS OVER THE YEARS HERE, FOR SURE, UM, IT DOES NOT CARRY WITH ME, CARRIES WITH THE DEPARTMENT. SO IF I RETIRE OR IF I WERE TO LEAVE, IT WILL CARRY OVER AUTOMATICALLY TO THE NEW STAFF MEMBERS WITH THOSE REMINDERS WITHIN THAT CALENDAR. YOU CAN ALSO DO UPDATES AND ATTACHMENTS FOR RESULTS OF INSPECTIONS, UPDATES ON THE BONDS, WHERE YOU CAN SEE THE HISTORY OF [01:30:01] THAT AS WELL. UM, SO IT, IT'S RATHER COMPREHENSIVE WITH THAT REGARD BECAUSE THAT WAS A, A CONCERN HERE IS WE DON'T WANNA LET THESE PROJECTS GO AND SLIP THROUGH THE CRACKS OVER THE TIME OF THIS. SO WE NEED TO MAKE SURE THAT WE'RE HAVING INSPECTIONS, RE-INSPECTIONS, LOOKING AT THE BONDS, MAKING SURE THAT ALL OF THOSE SAFEGUARDS THAT WE'VE PUT INTO WORD ARE ACTUALLY BEING ENFORCED HERE WITH THE COUNTY SO THAT WE DON'T LOSE THIS THROUGH CONTINUITY OR THROUGH GETTING BUSY OR FORGETTING ABOUT ANYTHING THERE AS WELL. OKAY, THANK YOU. SO CODY, WHETHER THAT'S A DEVELOPMENT AGREEMENT OR A SPECIAL USE PERMIT, IT DOESN'T MATTER, RIGHT? IT DOES NOT MATTER. SO THE, THE ORIGINAL DOCUMENTS THAT ARE ASSOCIATED WITH THAT WILL BE ATTACHED THROUGH WITH THE CALENDAR, AND THEN THE REMINDERS WILL BE SET SPECIFIC ON THE TERMS THAT AGREE WERE AGREED TO ARE, UH, THAT WERE CONDITIONED, UM, AND EITHER OF THOSE. AND THEN AS WE GO THROUGH, YOU WILL MUCH LIKE OUR ARCHIVE ROOM THAT'S GOT A HUNDRED YEARS OF FILES, YOU WILL SLOWLY BUILD A MASSIVE FILE FOR THESE PROJECTS AS WE LOOK AT COMPLIANCE OVER THEIR TIME. AND, AND THAT REGULATION OR COMPLIANCE IS GONNA FALL IN YOUR OFFICE? ULTIMATELY? YES. OKAY. IT, IT WILL FALL THROUGH WITH PLANNING AND DEVELOPMENT SERVICES. UM, SO THAT COULD BE, DEPENDING ON WHERE, WHICH PORTION IS THERE, UM, LIKE BONDING WOULD BE MORE LIKELY TO COME THROUGH WITH THE PLANNING DIVISION, UH, GOING TO LOOK AT INFRASTRUCTURE AND OTHERWISE MAYBE MORE OF OUR BUILDING DIVISION OR WE MAY GET AID FROM PUBLIC WORKS WITH THAT TO MAKE SURE THAT THEY'RE THERE AS WELL. UM, BUT IT WILL BE IN HOUSE IN OUR SPHERE OF INFLUENCE HERE WITH THE COUNTY, OUR, OUR PORTION TO MAINTAIN THAT. IS THAT, IS THAT SOMETHING THAT MIGHT BE APPROPRIATE THEN TO INCLUDE IN THE ACTUAL ORDINANCE? YOU KNOW, YOU SPELL OUT THE BOND TO BE REVIEWED EVERY FIVE YEARS IS, I'M JUST WONDERING IF IT MIGHT, MIGHT BUILD A LITTLE BIT MORE, UM, COMMUNITY CONFIDENCE. MM-HMM . IF THEY SEE SOMETHING IN THE ORDINANCE THAT SAYS THERE'LL BE A RE SITE REVIEWS OR ASSESSMENTS OR INSPECTIONS DONE ON A, ON A FIVE YEAR BASIS, OR IS THAT JUST REDUNDANT TO EVEN TRY TO PUT IT ANY ORDINANCE? SO, I MEAN, IT'S CERTAINLY SOMETHING THAT COULD BE RECOMMENDED BY THE COMMISSION TO THE BOARD OF SUPERVISORS AS AN ADDITION. UM, WE DO INCLUDE THAT IN ANY TYPE OF PERMIT OR AGREEMENT THAT WE HAVE HERE. UM, SO IT WILL BE THERE REGARDLESS, BUT IF YOU FEEL THAT IT WOULD BE PRODUCTIVE AS FAR AS THE INFORMATIONAL ASPECT, THAT IS CERTAINLY A, A RECOMMENDATION OF AN ADDITION TO THE ORDINANCE THAT COULD BE MADE BY THE COMMISSION TO THE BOARD TO SEE IF THEY WOULD ACCEPT THAT. UH, ANY COMMISSIONERS ONLINE HAVE ANY COMMENTS, QUESTIONS FOR CODY? OKAY. SEEING NONE. THANK YOU. CODY? OH, I THINK THERE WAS ONE. I THOUGHT LOGAN WAS PUT UP, BUT MAYBE NOT. OKAY. UH, I SAID I DON'T HAVE ANY COMMENTS. OKAY. OKAY. THANK YOU. IN HERE. THANK YOU CHAIRMAN AND COMMISSIONERS. APPRECIATE IT. OKAY. UH, DO WE NEED FURTHER DISCUSSION FROM THE COMMISSION? NONE. SEEING NONE. I WILL ENTERTAIN A MOTION ON ITEM NUMBER SIX, MR. CHAIRMAN, I'LL MAKE A MOTION THAT NAVAJO COUNTY P AND Z RECOMMEND APPROVAL OF THIS TEXT AMENDMENT AS PRESENTED TO THE NAVAJO COUNTY ZONING ORDINANCE TO THE NAVAJO COUNTY BOARD SUPERVISORS, SUBJECT TO THE RECOMMENDATIONS STAFF. SECOND. MOTION'S BEEN MADE AND SECONDED. ALL IN FAVOR? AYE. AYE. ANY OPPOSED? MOTION CARRIES APPROVED. ITEM NUMBER [7. COMMISSIONER’S COMMENTS AND/OR DIRECTIONS TO STAFF: Commissioners may use this time to offer additional comments regarding any item on this agenda, or any other topic; and the Commission may direct staff to study or provide additional information on topics of the Commissions’ choosing.] SEVEN, CODY AGAIN, DOES IT MEAN AGAIN, CODY? I JUST WANT YOU TO KNOW. GREAT JOB. ON, ON ITEM NUMBER SIX. THANK YOU. YEAH, THAT ORDINANCE IS YOU AND YOUR STAFF. REALLY A HUGE IMPROVEMENT. DID A GREAT JOB. CERTAINLY. THANK YOU. IT'S, UH, IT'S BEEN A VERY JOINT EFFORT WITH PLANNING DEVELOPMENT STAFF AS WELL AS THE COUNTY MANAGER'S OFFICE. UM, APPRECIATE THE SUPPORT OF, UH, COUNTY MANAGER BRIAN LAYTON AND VERY ESPECIALLY, UH, THE CLERK'S OFFICE. AND SHELLY UL, THE ASSISTANT TO THE COUNTY MANAGER. SHE UNDERTOOK A VERY LARGE PORTION IN THIS UPDATE AND WAS VERY GOOD. GIMME ONE SECOND. WE'RE OFFICIALLY DONE. WE'RE GONNA TALK OVER SOME HOUSEKEEPING STUFF HERE. IF YOU WANT STAY, YOU'RE WELCOME. BUT IF YOU'D LIKE TO GO, I WOULD WE'LL BE NOT FAR BEHIND. EXACTLY. HOPEFULLY NOT FAR BEHIND. THANKS FOR BEING HERE TODAY. THANK YOU. THANK YOU FOR HAVING [01:35:01] THIS MEETING. THANKS GUYS. AND YOU DID GREAT, CODY. YEAH. OTHERWISE THEY JUST SIT THERE. WHAT'S GOING ON? YOU BOTH JUST GONNA POINT AT THE DOOR. CODY, WE'RE, WE'RE READY AGAIN. OKAY. UM, ANY OTHER COMMENTS DIRECTED TO STAFF SIX? RIGHT. UH, DEFINITELY COMPLIMENT ON, ON THE EFFORT. UH, CERTAINLY FROM THE STANDPOINT OF UNLESS A DEVELOPER HAS A LAWYER ON THE STAFF, THERE'S UHS. KEEP IT SIMPLE. KEEP THE, UH, KEEP THE LANGUAGE CLEAR AND OBVIOUS, UM, SIGNIFICANT IMPROVEMENT. SO APPRECIATE YOUR, YOUR SUMMARY WAS VERY, VERY, VERY GOOD. VERY, UM, VERY HELPFUL AS WELL. THANK YOU. ANY OTHER COMMENTS? ALRIGHT, SO DO YOU HAVE MORE CODY SAY, I, I'VE [8. REPORT FROM STAFF TO THE COMMISSION:] GOT MINE HERE FOR THE COMMISSION. OKAY. JUST A, A FEW ITEMS FOR YOU. IT APPEARS WE CURRENTLY HAVE AT LEAST ONE ITEM SLATED FOR NEXT MONTH. UH, SO WE SHOULD HAVE A MEETING THERE. UM, WE'LL REACH OUT PRETTY SOON HERE WITH, UH, SOME STAFF REPORTS AND JUST MAKING SURE THE COMMISSIONERS ARE ABLE TO ATTEND. UM, I DO KNOW THAT WITH THE COMMISSIONERS THERE WAS A CONCERN OVER MEMBERSHIP, WHICH WE TOTALLY UNDER VERY MUCH UNDERSTAND, UM, ESPECIALLY WITH OUR, OUR FORMER CHAIR, UM, HAVING TO RESIGN VERY SUDDENLY. UH, SO I DID WANT TO NOTIFY COMMISSIONERS. UM, WE CURRENTLY HAVE THREE VACANCIES ON THE COMMISSION. UH, WE'D ACCEPT ANY RECOMMENDATIONS YOU MAY HAVE FOR MEMBERS OF THE PUBLIC THAT MAY WISH TO BE COMMISSIONERS OR SPEAK WITH US. THOSE VACANCIES ARE TWO WITHIN DISTRICT FIVE, AND THEN ONE WHICH IS AN AT LARGE. UH, SO IT CAN BE FILLED BY ANY DISTRICT. SO WE WOULD ACCEPT ANY RECOMMENDATIONS THAT YOU MAY HAVE ACROSS THE BOARD. UM, WE DO HAVE WHAT SEEMS LIKE A VERY SOLID LEAD FOR DISTRICT FIVE. UH, WE'VE BEEN WORKING FOR THE PAST THREE OR FOUR MONTHS TRYING TO GET COMMISSIONERS. UM, WANT TO TAKE THIS AS MY MOMENT TO APPRECIATE ALL OF YOU. UM, WE KNOW IT'S VERY DIFFICULT TO GET PEOPLE ON BOARD BECAUSE YOU'RE VOLUNTEERING YOUR TIME AND YOUR EFFORTS TOWARDS THIS. SO VERY MUCH APPRECIATE YOU. UH, IN CLOSING, I WAS PROVIDED A LETTER BY FORMER CHAIRMAN, ER, HE REQUESTED THAT I JUST READ THAT TO THE COMMISSION DURING MY TIME HERE, SO I'D LIKE TO READ THAT IF YOU WOULD ENTERTAIN THAT MR. CHAIR? YES. TO MY FELLOW COMMISSIONERS. LET ME FIRST APOLOGIZE FOR MY ABRUPT EXIT FAMILY RESPONSIBILITIES GUIDE AND DICTATE MY RAPID DEPARTURE. PLEASE KNOW THAT I'VE ENJOYED SERVING WITH EACH OF YOU. I HAVE LEARNED WAY TOO MUCH ABOUT 5G SOLAR FARMS AND WIND TURBINES, . AND I'M GRATEFUL TO EACH OF YOUR PERSPECTIVES AND ALL THE MATTERS THAT WE HAVE CONSIDERED TOGETHER, EVEN THOUGH I WILL NOT BE PARTICIPATING IN MATTERS GOING FORWARD, KNOW THAT I'M ON THE SIDELINES WATCHING AND CHEERING EACH OF YOU ON WITH THE IMPORTANT DECISIONS YOU MAKE FOR WHAT I CONSIDER TO BE THE BEST COUNTY IN ARIZONA. I WISH THE BEST IN HEALTH AND HAPPINESS FOR EACH OF YOU AND YOUR FAMILIES. RESPECTFULLY, WAYNE, ER, THANK YOU. THAT'S GREAT. THANK YOU. AND THAT IS ALL THAT STAFF HAS FOR YOU THIS EVENING. THANK YOU. I KNOW IT WAS A LONG ONE, SO CULMINATION OF A LOT OF WORK ON YOUR, YOUR PART AND STAFF AND EVERYONE ELSE INVOLVED. APPRECIATE IT. YEAH. GREAT JOB. YEAH. ALL RIGHT. WE DON'T NEED A MOTION TO ADJOURN, DO WE? NOPE. JUST ADJOURN. MEETING ADJOURNED. MEETING ADN. SAY JUST FOR THE RECORD. MEETING ADJOURNED AT 7:42 PM YEAH. YEAH. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.