2026-09-23 - Planning and Zoning Commission

00:17[clears throat]

00:26[clears throat]

00:39Uh we're at 6:10 uh p.m. I believe the

00:43recording has started. Uh Commissioner

00:46Riley, over to you.

00:48>> Thank you, Connley. So, good evening

00:50everyone. It's Wednesday, September

00:5223rd, and welcome to the Planning

00:53Commission virtual public hearing. I am

00:56Commissioner Riley, the second vice

00:57chair, and I call this regularly

01:00scheduled virtual meeting of the Aurora

01:03Planning and Zoning Commission to order.

01:05I will call the role of commissioners

01:08now. Commissioner Jetic,

01:11>> present.

01:12>> Commissioner Bush,

01:14>> present.

01:15>> Commissioner Becker,

01:18>> present.

01:19>> Commissioner Banka,

01:21>> present.

01:22Commissioner Hogan has an excused

01:24absence. Commissioner Walls has an

01:27excused absence. And I, Commissioner

01:29Riley, am present as well. So, we have a

01:32quorum.

01:33The pledge of allegiance will not be

01:35said tonight as this meeting is virtual.

01:39On to the next item, approval of the

01:41minutes for September 9th, 2026.

01:45Did the commissioners receive a draft of

01:47the minutes? And did you all have an

01:49opportunity to read them?

01:52Yes.

01:53>> Yes.

01:53>> Very good. Are there any amendments or

01:56corrections to the minutes?

02:00>> Seeing none, I move to approve the

02:02minutes as presented without objection.

02:05Is there a second?

02:06>> I second.

02:08>> Thank you, Commissioner Bush. Any

02:10discussion on the motion to approve

02:12without objection?

02:15Is there any objection?

02:18Very good. We'll move on to the one item

02:20of business this evening, item 8, alpha.

02:23The second vice chair moves to approve

02:25the agenda as presented without

02:28objection. Is there a second?

02:30[clears throat]

02:32Thank you, Commissioner Banka. Is there

02:34any discussion on the motion to approve

02:36the agenda as presented without

02:38objection?

02:40Any objections?

02:43Seeing none, I will now read a summary

02:45of our policies and procedures for this

02:48evening's meeting. Excuse

02:50[clears throat] me. Please make sure

02:52your home or computer microphone is on

02:54mute unless you are speaking. The

02:57planning and zoning commission meeting

02:58is a quasi judicial hearing. There is no

03:01swearing in of those who will give

03:03testimony, but it is presumed that all

03:06parties are telling the truth. When

03:08addressing the commission as an

03:10applicant or the representative, please

03:12state your first and last name as well

03:15as the organization that you are

03:17representing. And you may additionally

03:19state if you are an Aurora resident. If

03:22you are addressing the commission as a

03:24member of the general public for public

03:26testimony, please state your first and

03:29last name. And if you are an Aurora

03:31resident,

03:33for each agenda item, there will be

03:35initial presentation by city staff.

03:38Afterwards, commissioners may ask

03:40questions of staff.

03:42Discussion of agenda items by

03:44commissioners will be conducted only

03:46following a motion and a second.

03:49Following the staff presentation, the

03:52applicant or their representative may

03:55choose to make a presentation or answer

03:58questions. The applicant will have 10

04:00minutes for their presentation.

04:03Commissioners may ask questions of the

04:05applicant.

04:06Members of the public that have signed

04:08up to speak will each have three minutes

04:10to speak on the agenda item during this

04:13public comment period. It is asked that

04:16only new information be presented. The

04:18same arguments should not be repeated.

04:22Commissioners may ask questions of the

04:23public following their comments. After

04:26public comments, the applicant will have

04:28five minutes to address any public

04:30comments. Commissioners may ask

04:33questions of the applicant.

04:36The chair will ensure all commissioners

04:37have no further questions of the

04:39applicant or staff. The chair will then

04:41call for the question. After a motion

04:44has been made and seconded, the

04:46commissioners will then discuss the case

04:48amongst themselves.

04:50After the discussion, the chair will

04:52call the question. Commissioners are

04:54finders of fact and will vote based on

04:56their evaluation of the evidence

04:58presented as compared to code section

05:01146.

05:03All routings by the planning and zoning

05:05commission are normally final.

05:08Exceptions are zoning map amendments,

05:10zoning code amendments, and

05:13comprehensive plan amendments that need

05:15city council approval.

05:18Decisions by the commission can be

05:20appealed to city council by presenting a

05:22written repeal to the city manager

05:25within 10 calendar days of the public

05:27hearing.

05:29City Council also has the decret

05:31discretion to call up any case whether

05:33an appeal has been made or not.

05:37Notices for this virtual meeting were

05:39published, posted to the city website,

05:42and the development projects were posted

05:44with signs on the properties. Notices

05:46were also mailed to adjacent land owners

05:48per city requirements. As an additional

05:51note for this virtual meeting, the

05:53commission asks that any applicant or

05:56applicant representatives please turn on

05:58their cameras if able when speaking or

06:00presenting the to the commission.

06:04The evening's case agenda item 8A, a

06:08unified development ordinance amendment

06:10text change to permitted use table

06:13project number 1 1998014

06:16with case manager Stacy Wasinger. Stacy,

06:20we turn it over to you for your

06:22presentation.

06:24>> Good afternoon or evening. Thank you.

06:26Um, as stated, I'm Stacy Wasinger and

06:28I'll be presenting the staff

06:30presentation for this item.

06:33click here. So the request at hand here

06:36is a uh recommendation from this body on

06:39an amendment to the unified development

06:41ordinance permitted use table. Um

06:43specifically to rem remove a data center

06:46as a permitted land use in the mixeduse

06:48office institutional or MU-I zone

06:52district. Um this request would be need

06:55to be in conformance with the city of

06:57Aurora zoning ordinance section um

07:00146-5.4.1 4.1.3b

07:03which contains the approval criteria for

07:06text amendments to the zoning ordinance.

07:08Um the applicant in this case is the

07:11city of Aurora and it is project

07:13location would affect the MUI zone

07:16district citywide.

07:19So in summary, this was an item that was

07:21discussed at the August 24th city

07:24council study session. Um from that

07:26discussion there was direction to bring

07:28forward a an ordinance that modifies the

07:30permitted use table for data center

07:32uses. Um specifically to remove data

07:35center as a permitted use in the

07:37mixeduse office institutional MUI zone

07:40district. Um for this ordinance what

07:43essentially would happen is the the P in

07:46that permitted [snorts] or in the land

07:47use table would be removed and the cell

07:50would be left blank meaning that the use

07:51would then be prohibited in the MUI

07:53zone. Um there's no other proposed

07:55change to the MUI zone or other elements

07:59of the UDO at this time. Um staff did

08:02receive one public comment uh in support

08:05of that change and that is in your

08:06packet as exhibit E.

08:10The background for this use um is that a

08:13data center is currently defined in the

08:15UDO as a facility containing one or more

08:17largecale computer systems used for data

08:19storage and processing for off-site

08:21users. Typical supporting equipment

08:23includes um backup batteries and power

08:26generators, cooling units, fire

08:27suppression systems, and enhanced

08:29security features. This use um so that's

08:32the current definition. This use is

08:34classified under industrial uses in the

08:36in the permitted use table. Um, as it

08:40currently stands, this use is a

08:42permitted use by right in the MUI zone

08:44district, which is the one um, under

08:46discussion tonight, and then also in the

08:49airport district, the accident potential

08:51zone district, the business tech

08:53district, and the medium industrial

08:54district. Um, and it is currently coded

08:58as a conditional use in the mixeduse

09:00regional and mixeduse airport um, zones.

09:04So the MUI zone um as stated in the UDO

09:07is intended to accommodate sort of

09:09office institutional related low impact

09:12users near um more residential uses. It

09:16does permit low to medium scale office

09:20and residential uses such as multifamily

09:23um

09:24which aids in buffering from some other

09:28lower uh res uh lower density

09:30residential uses. The zone, as you can

09:33see from the the map on the um right

09:36here, it is located without uh

09:38throughout the city of Aurora. Um many

09:41of the schools in Aurora are zoned under

09:44this district under MUI. And this is the

09:46only mixeduse zone where a data center

09:48is a permitted by right use. Um the

09:51other zones that it is permitted by

09:52right in are classified under special

09:55purpose district districts which um tend

09:57to allow in this case more industrial

10:00type uses than the MUI zone does.

10:04So this is just a um exhibit of what the

10:08change would be here. So the upper shows

10:10the permitted use right now in MUI and

10:13with this change if

10:16approval is recommendation and

10:17ultimately the city of council adopts

10:20that ordinance it would remove that that

10:22use from the MUI zone. [snorts]

10:26This is the approval criteria for

10:27ordinance text amendments. Um

10:30essentially that the ordinance text is

10:33required to be changed because of change

10:35conditions or circumstances in all or

10:37portion of the city. um that there's a

10:39an impact to public health health,

10:41safety, and welfare um or that the

10:44change promotes economic growth and

10:46investment that will not create material

10:48risks to the health public health,

10:50safety, and welfare.

10:53And so the question before the

10:54commission tonight is whether uh to

10:56recommend approval to the Aurora City

10:59Council of this unified development

11:01ordinance amendment to change the

11:04permitted use table. Um and the staff

11:06findings in the staff report here are

11:09listed that it's consistent with the

11:10spirit intent of the comprehensive plan

11:12and policies adopted by the city

11:14council. Um that this is a required

11:17change because of change conditions or

11:18circumstances in all are portion of the

11:20city and that this change would support

11:22the public health safety and welfare.

11:25And so with that um staff will conclude

11:27our presentation available to answer any

11:30questions the commission may have.

11:38Thank Thank you, Stacy. Commissioners,

11:40questions for staff.

11:45I see no hands raised.

11:49Very good. Then

11:52I will entertain a motion on agenda item

11:558A.

11:56Um, this was a citywide visit, so there

11:59were no visits required. Chair, if I

12:02may, we should clarify if there's any

12:04public wanting to to speak.

12:07>> Let me do that then. Are there any

12:10public waiting to speak on this item?

12:13>> No, sir, there is not.

12:15>> Thank you very much. I will go back and

12:18enter [clears throat] ask if there is a

12:21well, I will entertain a motion on the

12:22agenda item a alpha. Again, there were

12:25no site visits required because it's a

12:26city-wide um

12:29policy. So, is there a motion for this?

12:37>> Uh,

12:37>> yes. Uh, Commissioner

12:38>> Commissioner Banka,

12:40>> I got Commissioner Banker's hand up

12:41there. I'm sorry.

12:42>> Okay. Sorry.

12:43>> Okay. All right. Um, regarding agenda

12:46item 8A, ordinance text amendment based

12:49on the staff recommendation, the

12:51presentation and discussion at this

12:53evening's public hearing. I move to

12:55recommend approval to the city Aurora

12:57city council of the unified development

13:00ordinance amendment to change the

13:02permitted use table because the proposal

13:05complies with the requirements of code

13:07section 146-5.4.1

13:11C3.3B

13:13of the unified development ordinance for

13:16the reason stated in the staff report

13:19and I so move.

13:21>> Thank you. Is there a second?

13:23>> Yes. I would like to

13:25>> Thank you very much.

13:26>> Second.

13:27>> All right. With that second, is there

13:29any discussion?

13:33>> Again, is there any discussion? Go

13:35ahead.

13:36>> Yes. I would like to say that that that

13:38this is uh this is something that I

13:40think we uh um

13:45we needed to needed to do and we have to

13:49do because uh uh we have known for a

13:52while that data centers do not really

13:55provide a lot of jobs. uh when they were

13:59presented to us, they were always jobs

14:01doing the construction, but very few

14:04people actually uh uh actually work in

14:08in in those uh centers compared to the

14:11uh footage. Also, uh uh we we realized a

14:15while ago that um that the recycling of

14:20the water that was something new and

14:23really has hasn't been tested over over

14:25a period of time and that uh that water

14:30is uh definitely a uh issue on it. So,

14:34I'm uh very very proud that we uh

14:38[clears throat] we are taking a step

14:43Um, I'd like to make a comment as well.

14:46It goes back to transparency, public

14:49notice, and things like that for matters

14:53such as this because we're probably

14:55going to start seeing a lot more data

14:56center things. Um, I'd like to make sure

14:59that we are giving [clears throat]

15:01more than two weeks of notice to the

15:04public uh so that they have an

15:07opportunity to weigh in on this. And so

15:09I'm not sure how we can change that

15:11within

15:13um the notifications, but again I I feel

15:16it would be more beneficial for more

15:20public awareness and uh opportunity to

15:23comment.

15:25Are there any other discussion items?

15:29All right, I'll call the question.

15:31Commissioner Jetic,

15:33>> approve.

15:35>> Commissioner Bush,

15:36>> approve.

15:38Commissioner Becker,

15:40>> approve.

15:42>> Commissioner Banka,

15:43>> approve. And

15:44>> Commissioner Riley votes to approve as

15:46well on a vote of five. There were no

15:49nay votes carried.

15:52Thank you, Stacy, for your presentation.

15:56The next item we have on the agenda is

16:00public that is invited to be heard on

16:01non-aggenda items. Do we have any public

16:05signed up to speak this evening?

16:08>> We do not.

16:10>> Wow. Okay.

16:12N O. Item 10 are comments by

16:15commissioners and miscellaneous items of

16:18business. Commissioners,

16:24I do have one item. I'm going back to

16:26data centers again. Um

16:29I I've been reading in the papers. I'm

16:31seeing things occurring now. I know that

16:34the public is starting to get uh more

16:36and more interested about the data

16:38centers and again I I want to encourage

16:41more transparency and more opportunities

16:43for public hearings. Um I know there are

16:47some areas that are by right. I know

16:50there's other areas that might change

16:52and this this change that we saw tonight

16:54is one of those. Um, and I I go back to

16:57the uh staff statement of the impact of

17:00public safety, health, and welfare. Um,

17:02and the other concerns being around

17:06schools and things like that. And I I am

17:10going to continue to say we need to be

17:13uh more aware of getting public engaged

17:16and having more public comment um as

17:20some of these larger developments are

17:22addressed. So, I just wanted to air that

17:25this evening.

17:27Any other comments then? [sighs]

17:31Very good. We'll move to item 11, which

17:33is a report by our planning division

17:35manager, Brandon. [snorts]

17:40Uh, thank you, Commissioner Riley.

17:43um as part of my report uh

17:45administrative approvals over the last

17:47two weeks. Uh we just have one a

17:50relatively

17:52uh small one relatively speaking uh

17:55Prairie Point site uh plan. Uh so

17:58amendment and so Prairie Point is the

18:01residential master plan community uh

18:04getting close to

18:08advance uh on the south uh end of the

18:12city uh roughly speaking between you

18:15know Parker Road and where Gartra uh and

18:20Aurora Parkway ends uh currently. And so

18:23they made some minor amendments to some

18:26of their subdivisions.

18:28Um

18:30that's the only administrative update I

18:33have.

18:34Uh in terms I don't have any updates on

18:38on any proceedings that have advanced to

18:41council relating to things that have

18:43been here. And so I don't have any

18:46further updates. If you have any

18:47questions, I'd be happy to try to answer

18:50them.

18:51Commissioners, do you have any

18:52questions?

18:55Seeing none, we move on to our city

18:57attorney.

19:04>> No report this evening.

19:06>> Thank you very much. All right. Last

19:09item of business is I know everyone has

19:11been thanking Susan for her years of

19:13service. I believe this is your last

19:16planning commission meeting. Is that

19:17correct?

19:18>> Yes, sir. It is. Uh well, I'm sure

19:21you're [laughter]

19:22quite excited to be going, but I thank

19:26you. I know most other people have.

19:28You've got a couple events coming up and

19:30some that probably already have

19:31occurred. So, uh publicly, we thank you

19:34for your support, uh making this

19:36commission work as it does.

19:39>> Well, thank you very much. It's been a

19:40privilege and a pleasure working with

19:43you all. Thank you.

19:44>> Okay. Very good, folks. That is the last

19:47item on the agenda.

19:50So if there is a [clears throat] motion

19:51to adjurnn until the next public

19:53meeting.

19:55>> So moved.

19:56>> Sunny. Thank you very much. Is there a

19:58second?

20:01>> Thank you, Gail. And we adjourn at

20:046:29 p.m. Thank you all very much.

20:08>> All right. Good meeting.