The City of Emporia has published the series of amendments made to the proposed Digital Infrastructure Overlay during Tuesday’s lengthy planning commission meeting.
Following discussions on the matter, city staff drafted and published a quintet of changes in section 8.10 of the DIO document which covers the intention behind the DIO’s creation. The additions to the policy were as follows:
Section 8.10.1 Intent subsection “7”:
“Mitigate potential negative impacts associated with digital infrastructure development.”
Section 8.10.6 Accessory Uses subsection “B” Backup Power Generation:
“Routine testing and maintenance of backup power generators shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m., except as reasonably necessary to comply with applicable law, permit conditions, or manufacturer specifications.” This addition was made by city staff following concerns expressed by planning commissioners, and residents, regarding noise pollution noting this could be one of the louder activities associated with a project such as the proposed digital campus.
Section 8.10.7 Development Review subsection “D” development review materials:
“The written determination shall identify the specific submittal being waived and state the factual basis for the determination, including any related information determined to be sufficient to evaluate the applicable subject matter. Nothing in this section shall limit the authority of the Planning Commission or City Commission to require additional studies or supplemental information reasonably related to the subject matter of any required or waived submittal when necessary to evaluate the proposed development, to address issues identified during the public review process, or to supplement information previously submitted by the applicant.”
City staff explained the subsection is meant to help clarify the conditions and requirements for the City’s Zoning Administrator to waive a requirement of development review materials should the determination be made that a certain requirement does not apply to the development in question.
8.10.7 Development Review subsection “D” “8” Electronic waste management plan:
“An electronic waste management plan describing the anticipated handling, storage, recycling, and disposal of electronic waste generated by the proposed development, demonstrating compliance with applicable laws and regulations.”
8.10.8 Supplemental Development Standards subsection “A” Buffering:
City staff altered the minimum buffering distance from 150 feet to 200 feet after planning commissioners noted Tuesday that in other communities the minimum distance has, on average, been 200 feet.
8.10.8 Supplemental Development Standards subsection “B” Noise:
“Facilities shall be designed, constructed, and operated to minimize off-site noise impacts to Sensitive Adjoining Uses. Operational noise shall not exceed the following levels: 55 dBA Leq during daytime hours (8:00 a.m. to 6:00 p.m.) or 50 dBA Leq during nighttime hours (6:00 p.m. to 8:00 a.m.); or 5 dBA above the existing ambient sound level, whichever is greater, as measured at any property line adjacent to a Sensitive Adjoining Use lawfully existing on the date the applicable development agreement is approved by the City Commission. Compliance shall be determined using measurement and evaluation methods consistent with the applicable ANSI/ASA S12 series, ISO 1996-1, and ISO 1996-2 standards, or successor nationally recognized standards. These standards may be adjusted through the development review process where the applicant demonstrates that equivalent or lower sound levels at sensitive receptors are achieved.”
The Emporia Metropolitan Area Planning Commission and Board of Zoning Appeals will once again consider the DIO during a second special meeting Tuesday at 6 pm on the White Auditorium arena floor. In addition to the DIO, planning commissioners will also revisit a request to rezone 11 tracts of land which was tabled Tuesday and will conduct a public hearing and hold discussions on the potential application of the DIO to said land.
No public hearing on the DIO or the rezoning matters will take place Tuesday as those hearings were conducted this past Tuesday.
You can find the proposed DIO document in its entirety here.
