[00:00:07] >> GOOD AFTERNOON AT 5:32 P.M. THIS WEDNESDAY, SEPTEMBER 23RD, 2026, WITH A QUORUM PRESENT, I WILL CALL THE PLANNING AND ZONING COMMISSION'S WORK SESSION TO ORDER. FIRST ITEM OF [1. Requests for clarification of agenda items listed on this agenda for public hearing and individual consideration.] BUSINESS IS. SORRY. OH, WE MUST NOT HAVE CONSENT. YEAH, OKAY. SORRY. IS THE REQUEST FOR CLARIFICATION ON THE AGENDA. SO WE'LL GO AHEAD AND START AND GO THROUGH. THERE'S ONE ITEM ON INDIVIDUAL CONSIDERATION. FIRST OF ALL ANY ANY QUESTIONS ON THE MINUTES. AS WE LOOK AT THOSE. AND I I ANTICIPATE WE'LL HAVE AT LEAST ONE MORE. THERE'S COMMISSIONER RIGGS, BUT I GUESS. QUESTION TO CITY ATTORNEY, BECAUSE I KNOW THIS FREQUENTLY COMES UP WITH AS. AS PEOPLE ROLL ON TO BOARDS, THE THE GENERAL ADVICE AND AND. PRACTICE OF VOTING ON PRIOR AMENDMENTS, PRIOR MINUTES OF MEETINGS TO WHICH SOMEONE WAS NOT ATTENDING, IS THERE GENERAL ADVICE THERE? >> SURE, ABSOLUTELY. >> I'M JUST ASKING QUESTIONS. SO I HAVE AN OPPORTUNITY TO TALK TODAY. THANK YOU. THE GENERAL PRACTICE IS YOU'RE WELCOME TO VOTE. YOU'RE NOT RESTRICTED FROM VOTING. GENERALLY, THE ONLY REASONS THAT WE TEND TO SEE ABSTENTIONS FROM VOTING ARE FOR CONFLICTS OF INTEREST. SO. IT'S UP TO YOU. YOU'RE WELCOME TO VOTE. MOST PEOPLE DO. >> AND THAT BRINGS US TO OUR ITEM FOR INDIVIDUAL CONSIDERATION. 3AFP26-16B. AND MATT, IF YOU COULD GIVE US SOME SOME REMINDERS AND BACKGROUND ON PLATTS AND WHAT OUR ROLE IS, I THINK THAT WOULD HELP AS WELL. >> YES. CAN DO. ALL RIGHT. GOOD EVENING, MATT BEAUDOIN ASSISTANT PLANNER. AND SO THIS IS A FINAL PLAT ASSOCIATED WITH A GAS STATION BEING DEVELOPED AT THE CORNER OF UNIVERSITY AND DRIVE AND WESTERN BOULEVARD. THE CURRENT CITY REQUIREMENTS ARE THAT. AS A CITY, WE HAVE 30 DAYS TO REVIEW A PLAT BEFORE WE ACT, BEFORE SOME SORT OF ACTION HAS TO BE MADE ON IT. THIS PLAT AT THIS TIME DOESN'T MEET ALL OUR CRITERIA FOR APPROVAL. WE'RE STILL WORKING THROUGH THINGS ON THE CIVIL ENGINEERING PLANS, WHICH IS REQUIRED TO BE APPROVED PRIOR TO PLAT APPROVAL, BUT THE APPLICANT IS ABLE CAN REQUEST AN EXTENSION OF THAT REVIEW PERIOD, WHICH IS WHAT HAPPENED HERE, WHICH IS WHAT'S HAPPENING HERE. AND SO STAFF HAS NO OBJECTION TO THAT REQUEST OF AN EXTENSION TO A DATE CERTAIN OF OCTOBER 21ST, 2026. >> OKAY. THANK YOU. MATT, ANY QUESTIONS ON THIS ITEM, COMMISSIONER DYER. >> REMIND ME, WAS THIS OUR THIRD OR FOURTH EXTENSION? >> THIS IS THE THIRD REQUEST. >> IS, IS IS THERE A SPECIFIC REASON THAT WE NEED TO BE MADE AWARE OF THAT IS FOR THE DELAY? >> NO, THERE'S JUST SOME MINOR THINGS WITH THE CIVIL ENGINEERING PLANS. SOME DEVELOPERS WAIT UNTIL THOSE ARE NEARLY DONE TO SUBMIT THE PLAT. SOME SUBMIT IT EARLIER. AND SO THIS ONE THAT'S WHY THE MULTIPLE REQUESTS WITH THIS ONE. >> OKAY. >> THANK YOU. >> ANYTHING ELSE? I DON'T SEE ANY. THANK YOU MATT. WE HAVE ONE PUBLIC OR TWO PUBLIC HEARINGS THIS EVENING. FIRST ITEM IS 4AZ26-7. >> GOOD EVENING, CHAIR AND MEMBERS OF THE COMMISSION, SEAN JACOBSON PRESENTING Z 267. THIS IS A REQUEST TO REZONE FROM A RESIDENTIAL TWO TO A LIGHT INDUSTRIAL DISTRICT ON PROPERTY. APPROXIMATELY THREE ACRES ON THE FAR EASTERN END OF 380. YOU MAY REMEMBER IT'S ADJACENT TO A PROPERTY THAT WAS ZONED REZONED IN THE SAME WAY FROM R-2 TO LIE BACK. COUNCIL IN JUNE, Y'ALL. ABOUT A MONTH BEFORE THE APPLICANT IS PROPOSING TO DEVELOP THIS AND THE ADJACENT PROPERTY TO THE SOUTH IN THE ETJ WITH WAREHOUSES. OBVIOUSLY ANY USE ALLOWED IN LIE WOULD BE PERMITTED IF THIS REZONING IS APPROVED, BUT THAT'S THE PLAN. AS OF NOW, IT IS SURROUNDED PRIMARILY BY COMMERCIAL AND INDUSTRIAL TO THE EAST, SOUTH AND NORTH. AND THEN THERE IS ARMY CORPS OF ENGINEER PROPERTY TO THE EAST. STAFF IS RECOMMENDING APPROVAL BECAUSE [00:05:05] THIS DOES MEET OUR CRITERIA FOR APPROVAL, INCLUDING ALIGNING WITH OUR FUTURE LAND USE MAP. HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. >> QUESTIONS, COMMISSIONER DYER. >> SO I DID SEND AN EMAIL OUT EARLIER TODAY JUST ABOUT THE ADJACENCY NEXT DOOR NEIGHBOR BEING THE ARMY CORPS OF ENGINEERS. WHAT? YOU KNOW, WHEN I THINK LIGHT INDUSTRIAL, I THINK LIKE YOU COULD HAVE CHEMICALS AND OTHER THINGS THAT COULD POTENTIALLY HARM THE ENVIRONMENT IF THEY WERE TO LEAK. SO I KNOW IT'S NOT NECESSARILY WE CAN'T APPROVE OR DISAPPROVE FOR WHAT THE SPACE IS BEING USED. BUT ONCE WE DO LIGHT INDUSTRIAL, IT KIND OF OPENS THE DOOR UP TO SOME OF THOSE THINGS. SO WHAT IS THE ENVIRONMENTAL THINGS THAT WE NEED TO BE, YOU KNOW, CONCERNED ABOUT? >> YEAH, ABSOLUTELY. GREAT QUESTION. SO PULLED THIS UP BECAUSE YOU CAN SEE ON THE FAR RIGHT THERE THAT THE AREA IMMEDIATELY ADJACENT TO THE ARMY CORPS PROPERTY IS, HAS IT'S PRETTY HEAVILY TREED. THERE'S POTENTIALLY SOME ENVIRONMENTALLY SENSITIVE AREA THERE. IT'S ALSO ALMOST ENTIRELY WITHIN THE FLOODPLAIN PERMIT BUFFER. AND SO THAT PART OF THE PROPERTY IMMEDIATELY ADJACENT, FOR A NUMBER OF REASONS, IS LESS LIKELY TO BE EVEN DEVELOPED WHEN THIS COMES IN, BECAUSE THAT IS AREA MOST LIKELY TO BE PROTECTED BY TREE PRESERVATION AS WELL AS OUR ENVIRONMENTALLY SENSITIVE AREA STANDARDS, WHICH REQUIRE THAT WE DON'T GO INTO THOSE AREAS WITHOUT A AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN. BUT IN ADDITION, OBVIOUSLY, WE HAVE OUR WATERSHED PROTECTION STANDARDS THAT WILL APPLY TO ANYTHING THAT DEVELOPS ON THIS PROPERTY. ALSO, THE CURRENT USE OF THIS PROPERTY IS PART OF AN OVERALL HIGH IMPACT INDUSTRIAL USE THAT IS CURRENTLY OPERATING RIGHT NOW. RECYCLING, AMONG OTHER THINGS, SHINGLES. AND SO THE POTENTIAL FOR THIS TO REDEVELOP AS LIGHT INDUSTRIAL WOULD ACTUALLY BE A REDUCTION IN THE INTENSITY OF THE LAND USE IN THIS AREA. >> SO THEY'RE ALREADY USING THE LAND THAT'S RURAL RESIDENTIAL IN A STRONGER CAPACITY THAN A LIGHT INDUSTRIAL. >> YES. SO BECAUSE THE AREA JUST TO THE SOUTH IS IN THE ETJ AND THIS PROPERTY PROVIDES ACCESS, THAT AREA WITHIN THE ETJ IS VERY HEAVILY USED RIGHT NOW. THE OPPORTUNITY HERE, ANY CHANGE IN USE FROM NOW ON WOULD HAVE TO, BECAUSE IT'S ACCESS TO 380 WOULD BE THROUGH THIS PROPERTY. IT WOULD HAVE TO BE A USE THAT WAS ALLOWED IN THE ZONING. SO RIGHT NOW IT'S A NON-CONFORMING THEY CAN KEEP DOING. IT'S BASICALLY IT'S GRANDFATHERED IN. BUT IF IT IS CHANGED, ANY FUTURE USE, EVEN OUT IN THE ETJ, BECAUSE IT'S ACCESS IS THROUGH THIS SUBJECT PROPERTY. IT WOULD IT COULD ONLY BE A PERMITTED USE AND THEREFORE IT WOULD BE A LOWER IMPACT USE MOST LIKELY THAN WHAT IS ACTIVELY THERE RIGHT NOW. >> OKAY. THANK YOU. >> I'VE GOT ONE. SEAN, CAN YOU REMIND US? WHEN WE LOOK AT THE DEVELOPMENT STANDARDS FROM THE PERSPECTIVE OF ESA AND, AND THOSE SORTS OF THINGS, HOW THAT APPLIES IN THE ETJ VERSUS WITHIN THE CITY LIMITS? >> YEAH, ABSOLUTELY. SO WITHIN THE ETJ, ISA STANDARDS APPLY IN ONLY ONE CASE, IF THERE IS FLOODPLAIN, THEN BECAUSE THE CITY OF DENTON REGULATES FLOODPLAIN, WE DO HAVE SOME ABILITY TO REGULATE. OTHER THAN THAT WE HAVE NO ABILITY TO PROTECT ENVIRONMENTALLY SENSITIVE AREAS WITHIN THE ETJ. >> AND. I'M SURE WE'LL HEAR MORE AT THE PUBLIC HEARING WITH THE APPLICANT AND STUFF. BUT WAS THERE DISCUSSION OR INTEREST TO ANNEX INTO THE CITY FOR THE PURPOSE OF HAVING THOSE CONTROLS THAT ARE OUTSIDE THE FLOODPLAIN, BUT STILL WITHIN A RIPARIAN AREA, THAT SORT OF THING? >> SO THE APPLICANT DID INITIALLY APPLY TO ANNEX IN AND FOLLOWING SOME INITIAL DISCUSSIONS, INCLUDING ABOUT, YOU KNOW, THE COST OF INFRASTRUCTURE AND THAT KIND OF THING. SO FAR, THEY'VE CHOSEN NOT TO FURTHER PURSUE THAT. AND THEIR INTENT IS MY UNDERSTANDING IS THEIR INTENT IS TO DEVELOP IN THE ETJ JUST WITH ACCESS TO THIS PROPERTY. >> OKAY. ANY OTHER QUESTIONS? I DON'T SEE ANY. THANK YOU SEAN, ACTUALLY. OH, YEAH. JUST CLARIFICATION. >> THE LAND UNDER THE ETJ IS BEING DEVELOPED, BUT IT WILL NOT BE UNDER THE PURVIEW OF THE CITY OF DENTON. >> IT WILL BE ON A VERY LIMITED BASIS. UNDER OUR PURVIEW, WE [00:10:02] WILL HAVE PLATTING AUTHORITY, WHICH IS JUST SETTING DOWN BOUNDARY LINES. BUT AS FAR AS BUILDING PERMITS, HOW THE LAND IS USED, ALL THAT, NO, THAT WOULD BE UNDER DENTON COUNTY. >> SO IT'LL ONLY BE UNDER THE ACCESS POINTS. >> THE ACCESS ALLOWS US TO LIMIT WHAT USES ARE OCCURRING OUT THERE. >> OKAY. THANK YOU. >> OKAY. THANK YOU SEAN. THAT BRINGS US TO OUR LAST PUBLIC HEARING FIVE 4BDCA26-7. >> OKAY. >> GOOD EVENING, CHAIR. MEMBERS OF THE COMMISSION. ANGIE GLASS, ASSISTANT PLANNING DIRECTOR, HERE TO PRESENT A DCA267. THIS IS AMENDMENTS TO THE DATA CENTER REGULATIONS WITHIN THE DENTON DEVELOPMENT CODE. SO A LITTLE BIT OF BACKGROUND. THE DENTON DEVELOPMENT CODE IS THE THE MANUAL WHICH HOUSES ALL OF OUR. HOW DO YOU DEVELOP WITHIN THE CITY OF DENTON AS IT RELATES TO ZONING DISTRICTS, SUBDIVISIONS, THE DESIGN STANDARDS FOR DIFFERENT TYPES OF USES WHERE YOU CAN DO WHAT USE. SO IT IS REALLY THE, THE, THE CODE THAT PLANNING USES THE MOST WITHIN THIS. TODAY WE ARE LOOKING AT AMENDMENTS TO THE DATA CENTER REGULATIONS. SPECIFICALLY. TABLE 5.2-A THE TABLE OF ALLOWED USES USE SPECIFIC STANDARDS AS IT RELATES TO INDUSTRIAL USES AND THE DEFINITIONS. STAFF IS RECOMMENDING APPROVAL OF THESE AMENDMENTS. THIS IS A COUNCIL INITIATED PRIORITY. THIS DOES ALIGN WITH SEVERAL OF OUR GOALS AND INCLUDING ENSURING LAND USE AND DEVELOPMENT STANDARDS ARE UP TO DATE AND ARE CONSISTENT WITH CURRENT TRENDS, PREVENTING IMPACTS AND ENCROACHMENTS OF INCOMPATIBLE USES, DEVELOPMENT SKILLS AND INTENSITIES, SECURING AND CONSERVING WATER SUPPLIES, AS WELL AS PROTECTING WATER AND UNDERGROUND AND GROUNDWATER FROM UNTREATED CONTAMINANTS. AND THEN IT'S ALSO CONSISTENT WITH THE OVERALL GOALS OF THE DEVELOPMENT CODE, WHICH IS TO PROMOTE HEALTH, LIFE AND SAFETY OF THE CITY AND ITS INHABITANTS. JUST TO GIVE YOU A BIT OF A SUMMARY OF WHAT THESE PROPOSED AMENDMENTS ARE, IT LOOKS AT SEVERAL SEVERAL PORTIONS OF THE DATA CENTER REGULATIONS, REALLY ALL OF THEM. SO AS IT IS TODAY, WE DO HAVE TWO DIFFERENT TYPES OF DATA CENTERS. ONE IS THE WAREHOUSE DATA CENTER, WHICH IS TYPICALLY HOUSED IN A SINGULAR BUILDING WHERE ALL OF THAT COMPUTING EQUIPMENT WOULD BE STORED, MOST LIKELY FROM THE OUTSIDE LOOKING IN YOU, YOU MIGHT NOT EVEN NOTICE THAT IT IS A DATA CENTER. THE OTHER USE IS THE MODULAR DATA CENTER, WHICH WOULD BE MORE MODULAR LIKE PODS SITUATED WITHIN A SINGULAR SITE. AS IT IS TODAY, WAREHOUSE DATA CENTERS ARE ALLOWED, AND I'M ACTUALLY GOING TO SKIP AHEAD. THIS WILL BE HELPFUL FOR THIS WORK SESSION. AS IT IS TODAY, WAREHOUSE DATA CENTERS ARE ALLOWED WITHIN SUP, WHICH IS A SPECIFIC USE PERMIT. IT DOES REQUIRE BOTH PLANNING AND ZONING COMMISSION REVIEW AND CITY COUNCIL APPROVAL IN THE MIXED USE REGIONAL SUBURBAN CORRIDOR HIGHWAY CORRIDOR ZONING DISTRICTS. THEY'RE ALLOWED BY RIGHT IN THE GENERAL OFFICE, LIGHT INDUSTRIAL, HEAVY INDUSTRIAL AND PUBLIC FACILITY ZONING DISTRICTS, AND THEN THE MODULAR DATA CENTER. LAND USE IS ALLOWED WITHIN SUP IN THE LIGHT INDUSTRIAL, HEAVY INDUSTRIAL AND PUBLIC FACILITY ZONING DISTRICT. SO AS IT RELATES TO TO THOSE SPECIFIC REGULATIONS, THE WAREHOUSE DATA CENTER LAND USE WOULD. I NEED TO AMEND THIS? I APOLOGIZE, BUT WOULD ONLY BE ALLOWED BY. RIGHT AND THE LIH I'M P F ZONING DISTRICT. WOULD BE AN SUP WOULD BE REQUIRED IN THE LAHI AND ZONING DISTRICT NOT PERMITTED IN THE M R, S, C, H, C AND G ZONING DISTRICTS. SO THAT REMOVES ANY DATA CENTER THAT'S CURRENTLY IN THE CODE ALLOWED BY RIGHT. THOSE THOSE USES WOULD GO AWAY. IT WOULD ALSO FURTHER RESTRICT WHERE DATA CENTERS COULD BE LOCATED TO JUST THE L, I, H, I AND P F ZONING DISTRICTS. SO THAT MATCHES WHAT IS IN EXISTENCE FOR THE MODULAR DATA CENTER LAND USE. ALL OF THOSE WOULD BE REQUIRED TO COME FORWARD BY WAY OF AN S, U, P AND BE REVIEWED BY THIS BODY BEFORE GOING TO CITY COUNCIL, WHO HAS ULTIMATE DISCRETION. IN ADDITION, AS IT IS TODAY, THERE'S A REQUIRED 100 FOOT SETBACK FOR MANY RESIDENTIAL ZONING, DISTRICT OR LAND USE. THAT SETBACK WOULD BE INCREASED TO A MINIMUM OF 300FT. AS IT RELATES TO LIGHTING STANDARDS, WE DO REQUIRE THAT FOR ALL DEVELOPMENT, THAT LIGHT SPILLOVER SHALL NOT EXCEED ONE FOOT CANDLE AT THE PROPERTY LINE. HOWEVER, WHEN ADJACENT TO A RESIDENTIAL LAND, USE, THAT WOULD NEED TO BE ZERO IF THE SORT OF BASELINE LIGHT IS ALREADY GREATER THAN ZERO, THEY JUST WOULDN'T BE ALLOWED TO EXCEED THAT. AS IT RELATES TO COOLING SYSTEMS, WE DON'T HAVE ANY SPECIFIC REGULATIONS AS IT IS TODAY, BUT THE PROPOSED AMENDMENTS WOULD REQUIRE CLOSED LOOP OR FREE AIR COOLING SYSTEMS AS IT RELATES TO WATER AND WASTEWATER DEMAND STUDIES. THERE'S NO SPECIFICATIONS TODAY IN THE DEVELOPMENT CODE, BUT THIS WOULD REQUIRE THOSE STUDIES UP FRONT WITH THE INITIAL APPLICATION. AND AS IT RELATES TO THE TIMING OF THE [00:15:05] PUC AND THE ERCOT APPROVALS, WE DON'T HAVE ANY REGULATIONS PRESENTLY, BUT AN APPLICANT WOULD NEED TO DEMONSTRATE THAT THEY HAVE RECEIVED ALL THOSE NECESSARY APPROVALS PRIOR TO US PLACING AN APPLICATION FOR AN SUP ON AN AGENDA FOR CONSIDERATION. THOSE ARE THE MAJOR CHANGES. I DO HAVE A MORE DETAILED PRESENTATION TO GO THROUGH DURING OPEN SESSION, BUT STAFF IS RECOMMENDING APPROVAL AND IS BRINGING THIS FORWARD FOR YOUR CONSIDERATION THIS EVENING. >> QUESTIONS. COMMISSIONER? >> HECK YES I SEE. IS THERE NO NOISE POLLUTION REQUIREMENTS? >> THERE ARE. SO AS IT IS TODAY. THE AMBIENT NOISE IS MEASURED PRIOR TO DEVELOPMENT AND A DATA CENTER MAY NOT INCREASE IT BY MORE THAN THREE DECIBELS. PROVIDED THAT I'M SORRY, IT MAY NOT HAVE A DECIBEL READING GREATER THAN 60. IF THE AMBIENT NOISE IS ALREADY GREATER THAN 60DB, THEY COULD NOT INCREASE IT BY MORE THAN THREE. FOR SOME PERSPECTIVE. AND THOSE REGULATIONS ARE NOT BEING PROPOSED TO CHANGE. I DO HAVE A CHART SORT OF SHOWING TYPICAL DECIBEL READINGS, AND SO 60 TENDS TO FALL WITHIN NORMAL SPEECH, SIMILAR TO WHAT WE'RE HAVING TODAY IN THIS ROOM. SO PRIOR TO DEVELOPMENT, PRIOR TO AN APPLICATION BEING SUBMITTED, THEY TAKE THAT BASELINE AMBIENT MEASUREMENT. IF IT'S LESS THAN 60, IT CAN BE INCREASED TO THAT. IF THE EXISTING NOISE LEVEL IS ALREADY GREATER THAN 60DB, IT COULDN'T BE INCREASED MORE THAN THREE. SO IF IT'S IN THE INDUSTRIAL AREA OF TOWN OR SOMETHING LIKE THAT, IT'S LIKELY MORE THAN 60, BUT THEY COULDN'T INCREASE IT MORE THAN THREE OF WHAT IT IS TODAY. >> THERE WE GO. IS THAT MEASURED AT THE PROPERTY LINE? YES. THANK YOU. >> I HAVE ONE ANGIE. AND. I RECOGNIZE THAT WE'RE TRYING TO CATCH A FALLING KNIFE HERE. SO NO, NO ISSUE IF WE JUST HAVEN'T HAD TIME TO LOOK AT THIS. BUT I DID NOTICE THAT ON MONDAY THERE WERE SOME ADDITIONAL STATE LEVEL REQUIREMENTS PUT IN PLACE FOR TCE. Q FOR THESE TYPES OF APPLICATIONS. I KNOW WE HAD SOME DISCUSSION OVER THE INCLUSION OF THE PUC AND ERCOT APPROVAL. LANGUAGE IS HAS STAFF HAD TIME TO THINK THROUGH WHETHER IT MAKES SENSE TO INCLUDE TCE Q IN THAT LANGUAGE OR NOT, OR IF THAT'S JUST SOMETHING, IT'S BETTER TO STAY WITH WHAT WE'RE PLANNING AND, AND WAIT AND SEE WHERE WE ARE IN A YEAR, YEAR AND A HALF FROM NOW. >> WE HAVEN'T DISCUSSED THAT SPECIFICALLY IN DEPTH BECAUSE YOU'RE CORRECT, IT DID RECENTLY COME OUT. WE HAVE INCLUDED WITH SOME OF THE NEW LANGUAGE BY BY FRONT LOADING THOSE STUDIES, SOME ADDITIONAL. AND WE'VE ASKED FOR ADDITIONAL ENVIRONMENTAL IMPACT AND OVERSIGHT MEASURES TO BE INCLUDED, AS WELL AS THE OPTION FOR US TO ASK FOR ANY ADDITIONAL INFORMATION WE MAY SEE NECESSARY. SO I, I BELIEVE THAT WOULD CAPTURE ANY DIFFERENT SORT OF TCE Q APPROVALS COMING OUT OR ANY REQUIREMENTS THEY MAY HAVE. BUT AS THE STATE CONTINUES TO REFINE WHAT THEIR PROCESS LOOKS LIKE, WE CAN ALWAYS COME BACK AND ADJUST OURS TO TO MATCH. HOWEVER THAT'S GOING TO ULTIMATELY LAND. >> OKAY. ANY OTHER QUESTIONS, COMMISSIONER RIGGS? >> I JUST HAVE A COMMENT FOR THE SAKE OF EVERYBODY ELSE. WE ACTUALLY TALKED ABOUT THIS AND OUR DEVELOPMENT CODE REVIEW COMMITTEE. AND KIND OF ONE OF THE THINGS THAT WE COMPARED IS WHAT OTHER COMMUNITIES ARE DOING. AND THIS SEEMED LIKE A GOOD BALANCE AND KIND OF ONE OF ONE OF THE THOUGHTS WAS, LET'S, LET'S GET IT. LET'S START SOMETHING. AND THEN IF WE HAVE TO REFINE IT, THEN WE GO BACK AND REFINE IT. SO. >> COMMISSIONER GARLAND. >> JUST OUT OF CURIOSITY, ARE THERE ANY MORE PENDING APPLICATIONS? I MEAN, I KNOW WE HAVE THE TWO THAT ARE KIND OF THAT HAVE BEEN APPROVED, BUT ARE THERE ANY MORE I MEAN, JUST THINKING OUT LOUD HERE, HOW MANY DATA CENTERS DOES ONE CITY NEED? >> SURE. WE WE DO NOT HAVE ANY DATA CENTER REVIEWS IN OUR. >> Q OKAY. AND THEN IS THE WASTEWATER STUDY. IS THAT SIMPLY INFORMATIONAL OR CAN THAT. CAN THOSE RESULTS BE USED LIKE FOR DENIAL? AND THEN ALSO, WHO KIND OF MONITORS ALL OF THIS? >> SURE. SO THE WATER WASTEWATER, THE IMPACT DEMAND STUDIES WOULD TELL US WHAT, IF ANY, OFF SITE IMPROVEMENTS ARE NEEDED TO SERVE THE DEVELOPMENT. THEY'D ALSO HAVE TO IDENTIFY THEIR OWN ONGOING MONITORING AND OVERSIGHT. BUT INTERNALLY, [00:20:04] WE ALSO HAVE, YOU KNOW, OUR ENVIRONMENTAL SERVICES DEPARTMENT AND OUR WATER AND WASTEWATER DEPARTMENT WHO ALSO REVIEWS THOSE APPLICATIONS AND WOULD BE ABLE TO TELL US WE'RE NOT AT THIS TIME ABLE TO SERVE DUE TO CAPACITY. IF ANY ISSUES WERE TO ARISE THAT WOULD BE NOTED THROUGH THOSE THOSE INITIAL STUDIES. >> OKAY. I FEEL LIKE THIS IS SUCH A NEW SPACE THAT WE'RE STILL KIND OF CONSTANTLY LEARNING AND GETTING FEEDBACK. AND SO, I DON'T KNOW, IT'S, IT'S A NEW WORLD. >> YEAH. AND JUST FOR CLARIFICATION, ANGIE, I THINK THE, THE INTENTION IS THAT THOSE STUDIES WOULD BE AVAILABLE TO PLANNING AND ZONING AND COUNCIL AT WITHIN THE HEARING PROCESS. SO THEY COULD BE USED TO EVALUATE CONFORMANCE WITH OUR COMPREHENSIVE PLANS, MENTION OF UTILITY GROWTH PROCESSES AND THAT SORT OF THING. IS THAT CORRECT? >> SURE. THE INTENT IS TWOFOLD. AND THANK YOU FOR FOR BRINGING THAT UP. I DID WANT TO TOUCH ON ONE OF THE BIGGER CHANGES THAT YOU'LL SEE IS EVERY SINGLE DATA CENTER IN THE ZONING DISTRICT THAT THEY COULD BE PERMITTED, IT WOULD ONLY BE ALLOWED WITHIN SUP, SO THEY WILL ALL GO BEFORE THIS BODY AND CITY COUNCIL. YES. AS IT RELATES TO THE WATER AND WASTEWATER IMPACT STUDIES, WE WANT TO ENSURE TWO THINGS. ONE, WE ARE LOOKING FOR COMPLIANCE WITH THE CRITERIA MANUALS, WHICH ARE LIKELY TO BE UPDATED TO ADDRESS SOME OF THE NEEDS THAT ARE SPECIFIC TO DATA CENTERS. AND THEN ALSO WITHIN OUR STAFF ANALYSIS, BOTH FOR ALL OF OUR CASES, WE LOOK AT WHAT IS THE IMPACT TO UTILITIES. ARE THEY AVAILABLE IN THE AREA. SO WE COULD INCLUDE SORT OF THOSE HIGH LEVEL SUMMARIES OF WHAT WERE THESE FINDINGS AND WHAT WAS NEEDED WITHIN THOSE REPORTS FOR EVERYONE'S REVIEW. >> ANY OTHER QUESTIONS? THANK YOU ANGIE. >> THANK YOU. >> THAT'S OUR LAST PUBLIC HEARING. AND WE DO NOT HAVE ANY WORK SESSION REPORTS TODAY. SO AT 5:54 P.M. WE WILL BREAK AND READJUST. RECONVENE AT 6:30 P.M. IN COUNCILGOOD EVENING. AT. WE'LL RECONVENE FOR THE REGULAR MEETING OF TONIGHT'S PLANNING [1. PLEDGE OF ALLEGIANCE] AND ZONING COMMISSION MEETING WITH A QUORUM PRESENT. CALL US TO ORDER. THE FIRST ORDER OF BUSINESS IS TO STAND AND SAY THE PLEDGE OF ALLEGIANCE TO THE U.S. AND TEXAS FLAGS. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. >> HONOR THE TEXAS FLAG. PLEDGE ALLEGIANCE. >> TO THEE. TEXAS, ONE STATE UNDER GOD, ONE INDIVISIBLE. >> THAT BRINGS US TO ITEM TWO. A PZ26-144. CONSIDER APPROVAL [2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR:] OF THE AUGUST 26TH AND THE SEPTEMBER 9TH MEETING. DO I HAVE DISCUSSION OR A MOTION, COMMISSIONER DYER? >> I WILL MAKE A MOTION TO APPROVE THE MINUTES. >> AND. COMMISSIONER GARLAND. >> I'LL SECOND THAT MOTION. >> VERY GOOD. AND ALL IN FAVOR, I PASSES UNANIMOUS UNANIMOUSLY. FIVE ZERO BRINGS US TO OUR ONE ITEM OF INDIVIDUAL [A. FP26-0016b Consider a request by Atwell LLC, on behalf of BW Gas & Convenience Real Estate LLC, for approval of a Final Plat of Lot 1, Block A, Allsup’s West Denton Addition. The 5.089-acre lot is located on the southwest corner of the intersection of U.S. Highway 380 and Western Boulevard in the City of Denton, Denton County, Texas. (FP26-0016b, Denton Allsup’s, Matt Bodine)] CONSIDERATION. 3AFP26-16B. >> GOOD EVENING. COMMISSION ASSISTANT PLANNER HERE PRESENTING A FINAL PLAT OF LOT ONE, BLOCK A, ALL STEPS WEST DENTON ADDITION. AT THIS TIME, THIS PLAT DOESN'T QUITE MEET OUR CRITERIA FOR APPROVAL, BUT HAVE REQUESTED AN EXTENSION TO MEET THAT STAFF. HAVE NO OBJECTION TO GRANTING THAT EXTENSION REQUEST TO A DATE CERTAIN OF OCTOBER 20TH FIRST TO 20, 2026. >> THANK YOU. ANY QUESTIONS OR MOTION? COMMISSIONER DYER? >> I MAKE A MOTION THAT WE APPROVE AN EXTENSION TO OCTOBER 21ST. >> AND COMMISSIONER RIGGS. >> I SECOND. >> IT'S A MOTION AND A SECOND TO APPROVE THE EXTENSION. SEEING NO DISCUSSION, WE'LL [00:25:01] JUST GO DOWN THE LINE. COMMISSIONER. HECK. >> I AGREE. >> AND COMMISSIONER RIGGS. >> RIGGS I. >> CHAIRS AND I COMMISSIONER DYER, COMMISSIONER GARLAND I THAT PASSES FIVE ZERO. BRINGS US TO ITEM 4AZ26-7. [A. Z26-0007 Hold a public hearing and consider making a recommendation to Planning and Zoning Commission regarding a request by Aimee Bissett of McAdams, on behalf of the property owner, to rezone approximately 3.757 acres of land from Residential 2 (R2) District to Light Industrial (LI) District. The subject property is generally located on the south side of East University Drive, approximately 1,568 feet east of the intersection of East University Drive and North Trinity Road in the City of Denton, Denton County, Texas. (Z26-0007, Vale Rezoning, Sean Jacobson)] >> GOOD EVENING, CHAIR AND MEMBERS OF THE COMMISSION. SEAN JACOBSON, SENIOR PLANNER HERE TO PRESENT Z 267 THE VALE REZONING. THIS IS A REQUEST TO REZONE FROM RESIDENTIAL TWO TO LIGHT INDUSTRIAL ON AN APPROXIMATELY 3.7 ACRE PROPERTY OFF U.S. 380 ON THE FAR EAST END OF TOWN. THE PURPOSE OF THE APPLICANT'S PERSPECTIVE. THEY'RE PROPOSING TO DEVELOP THIS AND THE ADJACENT ETJ PROPERTY TO THE SOUTH WITH A WAREHOUSE USE. BEARING IN MIND THAT UPON APPROVAL, ANY USE WITHIN THE ZONING DISTRICT COULD BE DEVELOPED. THIS IS SURROUNDED PRIMARILY BY COMMERCIAL AND INDUSTRIAL. TO THE EAST, SOUTH AND NORTH, AS WELL AS BY ARMY CORPS OF ENGINEER PROPERTY TO THE EAST. STAFF WILL BE RECOMMENDING APPROVAL BECAUSE IT DOES MEET OUR CRITERIA FOR APPROVAL. BUT GOING INTO THAT A LITTLE BIT MORE DEEPLY, OUR FUTURE LAND USE IS PRIMARILY LIGHT INDUSTRIAL HERE. THAT WAS RECENTLY AMENDED BY THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL IN 2025. THERE IS A SMALL AMOUNT OF PARKS, OPEN SPACE KIND OF BUFFERING THERE DUE TO THE PRESENCE OF THE CORPS PROPERTY. SO THIS IS ESSENTIALLY A FUTURE LAND USE OF LIGHT INDUSTRIAL, WHICH IS INTENDED FOR WAREHOUSES, DISTRIBUTION AND SUPPORTING USES. THE ZONING THAT'S PROPOSED HERE IS INTENDED TO PROVIDE FOR LIGHT, INDUSTRIAL AND EMPLOYMENT USES. SO IT'S QUITE WELL SUITED TO THE FUTURE LAND USE DESIGNATION HERE. THIS DOES ALSO MEET WITH OUR COMPREHENSIVE PLAN ZONING INTENT TO ENSURE ADEQUATE LAND FOR FUTURE ECONOMIC GROWTH. SO OVERALL THIS REZONING WOULD BE CONSISTENT WITH OUR COMPREHENSIVE PLAN. LOOKING AT THE SURROUNDING AREA, ONE OF THE THINGS WE ALWAYS CONSIDER IS WHETHER THERE HAVE BEEN SIGNIFICANT CHANGES WARRANTING A ZONING CHANGE. AND WE DO SEE THOSE IN THIS CASE, WE'VE BEEN GETTING INCREASING INQUIRIES IN SUBMITTALS RELATED TO WANTING TO PURSUE COMMERCIAL AND INDUSTRIAL USES IN THIS AREA. WE KNOW THAT TXDOT HAS A FREEWAY CONVERSION OF 380 COMING THROUGH HERE, WHICH WILL SIGNIFICANTLY CHANGE WHAT MAKES SENSE ALONG THIS CORRIDOR, MAKING RESIDENTIAL EVEN LESS OF REALLY A SENSIBLE USE IN THIS AREA. AND WE ALSO DO HAVE AN IMMEDIATE REZONING JUST TO THE WEST OF THE ADJACENT PROPERTY TO L I. SO THIS DOES FOLLOW THE TREND OF DEVELOPMENT AND ZONING IN THE AREA. WE ALSO WANT TO MAKE SURE THAT WE'RE LOOKING AT MINIMIZING ADVERSE IMPACTS. SO RIGHT NOW THIS IS PRIMARILY SURROUNDED BY EITHER COMMERCIAL, INDUSTRIAL OR TEMPORARILY VACANT PROPERTIES, WITH THE EXCEPTION OF THE ARMY CORPS PROPERTY TO THE EAST. WE'LL NOTE THAT THE EASTERN PART OF THIS PROPERTY IS PRETTY HEAVILY OCCUPIED BY EITHER FLOODPLAIN POTENTIAL S A AS WELL AS TREES. SO THE LIKELIHOOD OF DEVELOPMENT IMMEDIATELY ADJACENT TO THAT OPEN SPACE IS FAIRLY LOW. IT'S ALSO SUBJECT TO SIGNIFICANT REGULATION JUST AS PART OF OUR STANDARD DEVELOPMENT PROCESS. EVERYTHING FROM OUR STORMWATER TO INDUSTRIAL PRETREATMENT TO BUILDING SAFETY. AS WELL AS OUR ENVIRONMENTALLY SENSITIVE AREA PROTECTIONS, ARE IN PLACE TO MAKE SURE THAT THERE WOULD NOT BE A NEGATIVE IMPACT ON THAT ADJACENT PROPERTY. ALSO NOTE THAT IN THE ETJ TO THE SOUTH, TWO LOTS DOWN THERE IS A PROPERTY THAT'S CURRENTLY ENGAGED IN SOME FAIRLY HEAVY INDUSTRIAL RECYCLING. THEY TAKE THEIR ACCESS TO THIS LOT. AND SO THEREFORE, ANY FUTURE REDEVELOPMENT OF THAT USE, WHICH IS, DOES NOT CONFORM TO EITHER THE R-2 OR THE ZONING, ANY FUTURE REDEVELOPMENT WOULD HAVE TO ALIGN WITH THE ZONING BECAUSE IT TAKES IT'S ACCESS THROUGH LEE ZONING. SO THIS DOES HAVE THE POTENTIAL TO ACTUALLY HAVE A POSITIVE IMPACT ON SURROUNDING PROPERTIES BY ENCOURAGING A MOVE TOWARDS THAT ALLY ZONING. THIS DOES MEET, OVERALL OUR CRITERIA FOR APPROVAL WITHIN THE DENTON DEVELOPMENT CODE. WE DID OUR STANDARD NOTIFICATIONS AND RECEIVED NO RESPONSES. THEREFORE, STAFF IS RECOMMENDING APPROVAL OF THIS ZONING CHANGE AND I'M HAPPY TO STAND FOR ANY QUESTIONS. >> THANK YOU. ANY QUESTIONS OF STAFF AT THIS TIME? JUST A COUPLE FOR YOU, SEAN. YOU MENTIONED THAT ANY FUTURE DEVELOPMENT SOUTH OF THE SUBJECT PROPERTY WOULD HAVE TO CONFORM. THAT'S FROM A USE ALLOWANCE PERSPECTIVE FOR JUST WHAT USES ARE ALLOWED WITHIN [00:30:08] THE ZONING DISTRICT. >> YES. THAT'S CORRECT. WE HAVE A SPECIFIC PROVISION IN OUR CODE THAT REQUIRES, IF YOU TAKE ACCESS THROUGH A LOT, THAT THAT LOT MUST ALLOW THE USE THAT IS TAKING THE ACCESS. >> OKAY. BUT AS FAR AS DEVELOPMENT REGULATIONS HAVING TO DO WITH TREE PRESERVATION OR UPLAND HABITAT OR RIPARIAN ESAS, THOSE WOULD NOT BE APPLIED IN THE ETJ SIMPLY BECAUSE THEY TOOK ACCESS THROUGH CITY PROPERTY UP TO 380. IS THAT CORRECT? >> THAT IS CORRECT. >> OKAY, OKAY. I WILL OPEN THE PUBLIC HEARING AT THIS TIME. I HAVE A CARD. MARISSA BREWER. >> GOOD EVENING. MY NAME IS MARISSA BREWER. I AM LOCATED AT 4400 STATE HIGHWAY 121, LEWISVILLE, TEXAS. IT'S OKAY. IF NOT, I CAN JUST TALK THROUGH IT AS WELL. I WAS ABLE TO ATTEND THE WORK SESSION, SO I JUST WANTED TO GO AHEAD AND CLARIFY A COUPLE OF CONVERSATIONS THAT I HEARD. SO SEAN HAD MENTIONED THE ACCESS OF THE SOUTH PROPERTY FOR THAT CONCRETE BUSINESS THAT IS LOCATED BELOW OUR SITE. WHEN OUR PROPERTY OWNER BOUGHT THE PROPERTY, THERE WAS AN ACCESS EASEMENT ALREADY FOR THAT BUSINESS BETWEEN THAT PREVIOUS OWNER AND THAT BUSINESS OWNER. SO WHEN SHE BOUGHT THE PROPERTY, THAT EASEMENT WAS ALREADY IN PLACE. OUR PROPERTY HAS NO ASSOCIATION WITH THAT CONCRETE BUSINESS. IT'S JUST THE ACCESS THAT HAS TO TAKE THROUGH THAT SITE. AS FAR AS THE. NO, IT'S NOT GOING TO OKAY, NO WORRIES. I WAS JUST GOING TO COVER KIND OF WHAT SEAN HAD TALKED ABOUT ANYWAY, SO I CAN GO AHEAD AND KIND OF WING IT. SO OTHER THINGS TO TALK ABOUT. SO I KNOW THAT ESSAY WAS A CONCERN. I DO KNOW THAT THAT FLOODPLAIN AND THE ESSAY, PER THE DEVELOPMENT MAP, SEEM TO FOLLOW THE SAME LINE LOCATED ON THE SITE. SO WHENEVER THERE IS DEVELOPMENT THAT HAPPENS WITHIN THE COUNTY, WE ALSO HAVE TO BE MINDFUL THAT THERE IS THAT FLOODPLAIN LINE THAT WOULD HAVE TO REQUIRE PERMITTING THROUGH FEMA. SO ANY ENCROACHMENT ON THAT WHICH WE DO NOT INTEND TO ENCROACH WITHIN THE ESSAY OR THE FLOODPLAIN, WOULD HAVE TO GO THROUGH SOME SORT OF PERMITTING PROCESS FOR THAT. AS MENTIONED, WE ARE LOOKING AT PUTTING PROPOSING TWO INDUSTRIAL WAREHOUSES WITHIN THE CITY LIMITS. AND THEN THAT'S WHY THE REQUEST OF THE LIGHT INDUSTRIAL IS BEING ASKED FOR. SO I'M HAPPY TO ANSWER ANY QUESTIONS. AS SEAN MENTIONED, WE DID HAVE A NEIGHBORHOOD MEETING. WE DID NOT HEAR ANY RESPONSES. AND SO WE WE PRESENT THE PROJECT AS IS AND HAPPY TO ANSWER ANY QUESTIONS. >> ANY QUESTIONS FROM THE COMMISSION. COMMISSIONER DYER. >> I WAS ONE OF THEM THAT RAISED SOME CONCERNS ABOUT BEING SO CLOSE TO THE ARMY CORPS OF ENGINEERS AND LAKE LEWISVILLE, AND I THINK. WAS IT TRINITY RIVER OR SOMETHING THAT RUNS OVER THERE AS WELL? ONLY BECAUSE ONCE WE CHANGE THIS TO LIY, YOU MIGHT JUST HAVE WAREHOUSES. IF THAT PROPERTY EVER GOT SOLD, SOMEBODY ELSE COULD COME IN AND THEY COULD PUT AN AUTO REPAIR SHOP OR SOMETHING LIKE THAT. AND SO NOW YOU COULD HAVE CHEMICALS THAT COULD LEACH INTO THE GROUND, THAT COULD GO INTO THAT AREA. SO THAT WAS REALLY, YOU KNOW, KIND OF MY BIGGEST CONCERN IS MAKING SURE TO PROTECT THAT LAND AROUND IT. >> YES, YES. AND I KNOW FOR OUR SPECIFIC PURPOSE, AS I CAN'T TELL WHAT THE FUTURE HOLDS, BUT FOR OUR SPECIFIC SITE, WE ARE LOOKING AT HAVING ENCLOSED WAREHOUSES AS FAR AS HAVING THE GRADE AND SLAB ON FLOOR WITH THE INDUSTRIAL METAL, OR I'M NOT SURE THE MATERIAL OF WHAT THE BUILDINGS WOULD BE AT THIS POINT. WE HAVEN'T GONE THAT FAR INTO ARCHITECTURAL DETAILS, BUT THEY WILL COMPLY WITH WHAT THE CODE REQUIRES WITH THAT. >> ANY OTHER QUESTIONS? I DON'T SEE ANY. THANK YOU VERY MUCH. I ALSO HAVE A CARD FROM MISS TONGYI. IF THERE ARE ANY QUESTIONS. IS THAT THE APPLICANT? IF YOU'D LIKE TO SPEAK, YOU'RE WELCOME. OR IF YOU JUST WANT TO ANSWER QUESTIONS, IF THERE ARE ANY, I CAN SEE IF THERE ARE ANY QUESTIONS. >> SO GOOD EVENING. MY NAME IS [00:35:01] YITONG. I JUST WANT TO ANSWER TO THAT QUESTION. IS THIS PROPERTY FOR MY FAMILY WE ARE LOOKING INTO AS A LONG TERM INVESTMENT FOR MY FAMILY, AS A AS A UNIT. SO WE ARE NOT SEEING TO SELL IT AFTER THE PROPERTY GOT REZONED IN ANY NEARBY FUTURE. AND MY FAMILY HAS BEEN. ENVIRONMENT SUSTAINABILITY IS VERY PERSONAL FOR ME BECAUSE MY FAMILY HAS BEEN IN ENERGY SAVING, ENERGY EFFICIENT MANUFACTURING, LIGHTING BUSINESS FOR OVER DECADES. SO THAT'S SOMETHING I GREW UP WITH. I VALUE IT INTO THE NEXT GENERATION DEVELOPMENT. OKAY. >> ANY QUESTIONS FROM THE COMMISSION? I DON'T SEE ANY. THANK YOU VERY MUCH. THANK YOU. THIS IS A PUBLIC HEARING. SO IF YOU'D LIKE TO SPEAK ON THIS ITEM, YOU'RE WELCOME TO COME DOWN AND SPEAK. NOT SEEING ANY MOVEMENT. I WILL CLOSE THE PUBLIC HEARING AND OPEN THE FLOOR FOR DISCUSSION. QUESTIONS OF STAFF COMMISSIONER GARLAND. >> I WOULD LIKE TO MAKE A MOTION TO APPROVE THE REZONING BASED ON STAFF'S RECOMMENDATION. >> OKAY. >> SECOND. >> YEP. AND A SECOND BY COMMISSIONER RIGGS. ANY OTHER DISCUSSION? FROM THE COMMISSION? YEAH, I'LL JUST SAY. AS AS COMMISSIONER DYER SAID, THERE'S. ZONING MAPS OUTLIVE ALL OF US. THEY'RE. THEY LIVE ALMOST AS LONG AS ROADWAY RIGHT OF WAYS. SO IT BEHOOVES US TO TO THINK ON THOSE TIMESCALES AND AND UNDERSTAND. WHAT WHAT COULD OR MAY HAPPEN. IN THE FUTURE. I THINK THIS IS A, A VERY ENVIRONMENTALLY, ENVIRONMENTALLY SENSITIVE AREA. IT'S WHEN YOU LOOK AT THE MAP, HOWEVER, THERE'S, THERE'S A PRETTY CLEAR BOUNDARY WHERE. THE FORESTED AREAS ARE CURRENTLY WITHIN THE FLOODPLAIN. AND SO THERE'S SOME PROTECTION THERE, GIVEN THE GEOGRAPHIC LOCATION OF THOSE. SO IT'S AN INTERESTING. ANY OTHER QUESTIONS, COMMISSIONER RIGGS? >> I'LL JUST MAKE ANOTHER COMMENT THAT IN ORDER FOR IT TO BE, YOU KNOW, IT COULD BE LIKE A MINOR AUTOMOTIVE REPAIR CENTER, BUT FOR IT TO BE LIKE A MAJOR AUTO REPAIR CENTER OR, YOU KNOW, A JUNKYARD OR SOMETHING LIKE THAT, IT WOULD REQUIRE SPECIFIC USE PERMIT TO, TO CHANGE THAT USE. YEAH. >> YEAH. ANY OTHER QUESTIONS? OKAY. NOT SEEING ANY. I'LL CALL FOR A VOTE ON THE BOARD, COMMISSIONER. HECK, COMMISSIONER RIGS. >> I. >> CHAIR ZANY COMMISSIONER DYER. I COMMISSIONER GARLAND. I THAT PASSES FOR ONE. THANK YOU. THAT [B. DCA26-0007 Hold a public hearing and consider making a recommendation to City Council regarding proposed amendments to the Data Center standards of the Denton Development Code; amendments include but are not limited to, Table 5.2-A, Table of Allowed Uses, regarding zoning districts which permit Modular and Warehouse Data Centers, Subsection 5.3.6, Industrial Uses, regarding the Use-Specific Standards regulating Modular and Warehouse Data Centers, and Section 9.2, Definitions, establishing a definition for Enterprise Data Center. (DCA26-0007, Data Center Code Amendments, Angie Manglaris)] BRINGS US TO OUR LAST PUBLIC HEARING OF THE EVENING, WHICH IS ITEM 4BDCA26-7. >> GOOD EVENING CHAIR MEMBERS OF THE COMMISSION. ANGIE MANGLER, ASSISTANT PLANNING DIRECTOR, HERE TO PRESENT DCA267. THIS IS AMENDMENTS TO THE DENTON DEVELOPMENT CODE AS IT RELATES TO DATA CENTERS. SO THE PURPOSE OF THIS REQUEST IS TO AMEND SEVERAL SECTIONS OF THE DENTON DEVELOPMENT CODE, INCLUDING TABLE 5.2-A. THE TABLE OF ALLOWED USES THE USE SPECIFIC STANDARDS AS IT RELATES TO INDUSTRIAL USES AND THE DEFINITION SECTION OF THE DENTON DEVELOPMENT CODE. STAFF IS RECOMMENDING APPROVAL. THIS DOES HELP ENSURE THAT LAND USES AND DEVELOPMENT STANDARDS ARE UP TO DATE. IT PREVENTS INCOMPATIBLE USES AND DEVELOPMENT STANDARDS FOR MORE INTENSIVE USES NEXT TO RESIDENTIAL AREAS. IT IS CONSISTENT WITH GOALS IN OUR COMPREHENSIVE PLAN, SUCH AS SECURING AND CONSERVING WATER AND PROTECTING SURFACE WATER AND GROUNDWATER, AS WELL AS WITH THE OVERALL PURPOSE STATEMENT OF THE DEVELOPMENT CODE, WHICH IS TO PROTECT THE HEALTH, LIFE AND SAFETY AND GENERAL WELFARE OF THE CITY'S INHABITANTS. JUST A LITTLE BIT OF BACKGROUND ON THIS REQUEST. THIS STEMMED FROM A TWO MINUTE PITCH FROM MAYOR PRO TEM STEPHENS FOR A MORATORIUM ON ALL DATA CENTER LAND USES. COUNCIL DID APPROVE THAT, AND IT RESULTED IN AN ISR AND ULTIMATELY A WORK SESSION. DISCUSSION WAS HELD ON AUGUST 4TH. AT THAT WORK SESSION, [00:40:01] COUNCIL GAVE STAFF TWO TWO DIRECTIONS AS IT RELATES TO DATA CENTERS ONE TO BEGIN THE PROCESS FOR A MORATORIUM FOR ALL NEW DATA CENTERS, BUT ALSO TO START THE PROCESS TO LOOK AT DC CODE AMENDMENTS, TO IDENTIFY AREAS WHERE WE COULD MAKE IMMEDIATE IMPROVEMENTS TO OUR EXISTING REGULATIONS. THE DENTON DEVELOPMENT CODE REVIEW COMMITTEE DID REVIEW THESE DRAFT AMENDMENTS AT THEIR MEETING ON THE 24TH. THESE ARE THE AMENDMENTS BEING BROUGHT FORWARD TO YOU TODAY. SOME FURTHER CONTEXT AS IT RELATES TO THE DC. THESE PROPOSED AMENDMENTS ARE APPLICABLE TO REQUESTS WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF DENTON. ONLY THE CITY DOES NOT HAVE ZONING AUTHORITY IN THE ETJ AND THEREFORE THE DEVELOPMENT CODE IS NOT APPLICABLE. SO THE AREAS THAT YOU SEE ON YOUR SCREEN IN THE PURPLE AND THE BLUE, THOSE ARE ETJ AREAS. THESE REGULATIONS ARE NOT APPLICABLE TO THOSE AREAS. THE PURPOSE OF THE DEVELOPMENT CODE IS THIS OUTLINES THE POLICY AND GUIDANCE ON DEVELOPMENT IN THE CITY, AND THAT INCLUDES LAND USES AND THE SUBDIVISION OF LAND AND THE USE SPECIFIC STANDARDS THAT GO ALONG WITH EACH ZONING DISTRICT. WHILE THE DC IS SORT OF THAT OVERARCHING POLICY DOCUMENT, WE ALSO HAVE CRITERIA MANUALS, AND THOSE CRITERIA MANUALS PROVIDE SUPPLEMENTAL AND TECHNICAL DETAIL. REGARDING TO HOW DO WE CARRY OUT THE PROVISIONS OF THE DEVELOPMENT CODE. SO THAT WILL INCLUDE SPECIFICATIONS LIKE WATER AND WASTEWATER AND ELECTRIC. FURTHER AMENDMENTS TO THE CRITERIA MANUAL ARE LIKELY FOLLOWING THE DC AMENDMENTS. AS WE START TO ALIGN THE POLICY AND THE TECHNICAL. HOW DO WE ACHIEVE THESE THINGS? THESE PROPOSED AMENDMENTS WOULD APPLY TO NEW DEVELOPMENT IN THE CITY, AND THE MORATORIUM FOR DATA CENTERS ON THE CITY OF DENTON IS A SEPARATE CONVERSATION THAT IS GOING THROUGH CITY COUNCIL. SO THE PURPOSES OF THIS DISCUSSION IS TO JUST REVIEW THOSE DC AMENDMENTS. A LITTLE BIT OF BACKGROUND, THE DATA CENTER LAND USE REALLY STEMMED FROM A REQUEST IN 2021 TO REZONE CITY OWNED PROPERTY FOR A DATA CENTER NEAR THE DECK. IT WAS DETERMINED AT THAT TIME IT WAS MOST SIMILAR TO A WAREHOUSE USE. HOWEVER, AS MORE REQUESTS CAME IN, DATA CENTERS DID GO TO THE DEVELOPMENT CODE REVIEW COMMITTEE TO BE INCORPORATED INTO THE CODE, AND THEN ULTIMATELY WERE APPROVED BY THE DENTON CITY COUNCIL. DATA CENTERS ARE CONSIDERED TO BE AN INDUSTRIAL LAND USE. WE CLASSIFY THEM INTO TWO DIFFERENT CATEGORIES. ONE IS THE MODULAR DATA CENTER, WHICH IS ALLOWED BY SCP ONLY IN THE LIGHT INDUSTRIAL, HEAVY INDUSTRIAL AND PUBLIC FACILITY ZONING DISTRICTS. AND THEN WE HAVE THE WAREHOUSE DATA CENTER LAND USE, WHICH IS ALLOWED WITHIN S, U, P, AND THE MIXED USE REGIONAL SUBURBAN CORRIDOR. HIGHWAY CORRIDOR. GENERAL OFFICE ZONING DISTRICTS ARE ALLOWED BY RIGHT IN THE GENERAL OFFICE. LIGHT INDUSTRIAL, HEAVY INDUSTRIAL AND PUBLIC FACILITY ZONING DISTRICTS. I WANT TO GO THROUGH WHAT THE CURRENT REQUIREMENTS ARE RIGHT NOW AT A VERY HIGH LEVEL, MODULAR DATA CENTERS ARE DEFINED AS MODULAR STRUCTURES THAT INCLUDE, BUT ARE NOT LIMITED TO, PODS, SHIPPING CONTAINERS, CARGO CONTAINERS, OR SIMILAR CONTAINERS THAT CONTAIN THIS THIS COMPUTING EQUIPMENT. WHEREAS, THE WAREHOUSE DATA CENTERS ARE BUILDINGS USED FOR THE LARGE SCALE STORAGE OF SPECIALIZED COMPUTING SYSTEMS. SO THE DIFFERENCE IS REALLY IN THE THE UNIT IN WHICH THEY'RE HOUSED IN. AS IT RELATES TO SCREENING, THE REQUIREMENTS ARE THE SAME. THEY DO NEED TO BE OPAQUELY SCREENED FROM ANY RIGHT OF WAY, AS WELL AS RESIDENTIAL USES OR ZONING DISTRICTS. SIMILARLY, SETBACK REQUIREMENTS ARE THE SAME FOR BOTH USES. THEY NEED TO BE SET BACK A MINIMUM OF 100FT AWAY FROM ANY EXISTING RESIDENTIAL ZONING DISTRICT OR EXISTING USE. ENVIRONMENTAL NOISE AND VIBRATION STUDIES ARE REQUIRED FOR EACH UPON INITIAL APPLICATION, AND THE REQUIREMENT THERE IS THAT MEASURED AT THE PROPERTY LINE, THE DECIBELS PRODUCED MAY NOT BE MORE THAN 60. HOWEVER, IF THE AMBIENT NOISE IS ALREADY 60 OR GREATER, IT CANNOT INCREASE MORE THAN THREE. FOR LIGHTING REQUIREMENTS, ANY LIGHT SPILLOVER SHALL NOT EXCEED ONE FOOT CANDLE MEASURED AT THE PROPERTY LINE. LANDSCAPING REQUIREMENTS WHEN ADJACENT TO A RESIDENTIAL LAND USE ARE INDUSTRIAL STANDARDS DO KICK IN, SO IT REQUIRES A 30 FOOT LANDSCAPE BUFFER WITH POINTS OUT OF OUR LANDSCAPE BUFFER TABLE TO ENSURE SOME SOME SCREENING ELEMENTS ARE THERE AND THEN SOME OTHER REQUIREMENTS THAT COME INTO PLAY. FOR MODULAR DATA CENTERS, THEY'RE REQUIRED TO PROVIDE TWO RIGHT OF WAY LANDSCAPE SCAPING ELEMENTS, REGARDLESS OF THEIR PROXIMITY TO RIGHT OF WAY. AND THEN FOR THE WAREHOUSE DATA CENTER LAND USE SPECIFIES BUILDING AND SITE DESIGN AND MAXIMUM SQUARE FOOTAGES FOR USES CONSTRUCTED IN THE MIXED USE REGIONAL AND SUBURBAN CORRIDOR ZONING DISTRICTS. LOOKING AT PROPOSED AMENDMENTS. DATA CENTER WAREHOUSE. THE SUP ALLOWANCES FOR MRC AND H C ARE BEING REMOVED, AS WELL AS THE PERMITTED LAND USE FOR THE GENERAL OFFICE. THE PERMITTED WAREHOUSE DATA CENTER IN LIGHT INDUSTRIAL, HEAVY INDUSTRIAL AND PUBLIC FACILITIES IS BEING CHANGED TO AN SUP TO MATCH WHAT IS EXISTING FOR THE MODULAR DATA CENTERS. WHAT THAT MEANS IS EVERY REQUEST FOR A SPECIFIC USE PERMIT, YOU DO HAVE TO GO THROUGH PLANNING AND ZONING COMMISSION AND CITY COUNCIL AND CITY COUNCIL HAS ULTIMATE DISCRETIONARY APPROVAL. SO THAT WOULD REMOVE ANY BY RIGHT DATA CENTER WITHIN THE CITY OF DENTON, REQUIRING ALL OF THEM TO GO THROUGH THE SAME PROCESS, AND ALSO REMOVES DATA CENTERS AS AN ALLOWABLE LAND USE IN [00:45:06] SOME OF OUR MORE HEAVILY TRAFFICKED AREAS, LIKE THE SUBURBAN CORRIDOR OR MIXED USE REGIONAL ZONING DISTRICTS. TO FURTHER SET THE CONTEXT JUST A LITTLE BIT, THIS IS A MAP SHOWING WHERE THE HEAVY INDUSTRIAL, LIGHT, INDUSTRIAL AND PUBLIC FACILITY ZONING DISTRICTS EXIST IN THE CITY PREDOMINANTLY. YOU'LL NOTICE MOST OF THESE AREAS ARE SITUATED ALONG THE WESTERN PORTION OF THE CITY, AS WELL AS ALONG THE HIGHWAY. A LOT OF THE PUBLIC FACILITIES THAT YOU SEE INSIDE THE LOOP ARE CITY OWNED FACILITIES, LIKE PARKS OR CITY HALL OR THINGS OF THAT NATURE. PROPOSED AMENDMENTS TO THE USE SPECIFIC STANDARDS ARE UNIFORM ACROSS BOTH USES, AND THAT WOULD BE 300 FOOT SETBACK FROM ANY RESIDENTIAL USE OR ZONING DISTRICT. THAT WOULD INCLUDE WATER AND WASTEWATER STUDIES TO BE SUBMITTED AT THE INITIAL APPLICATION. AND THOSE STUDIES NEED TO INCLUDE WATER DEMAND AND POTENTIAL IMPACT ON OUR EXISTING SYSTEMS. IT NEEDS TO IDENTIFY ANY OFFSITE NEEDED IMPROVEMENTS. WASTEWATER DEMAND FOR THE PROJECT, IDENTIFYING ONGOING ENVIRONMENTAL MONITORING AND OVERSIGHT ISSUES, AND IT ALSO PROVIDES THE CITY AN OPTION TO REQUIRE ANY ADDITIONAL INFORMATION BASED UPON THOSE INITIAL FINDINGS, IT WOULD REQUIRE A CLOSED LOOP OR FREE AIR COOLING SYSTEM, REMOVING SOME MORE OF THOSE MORE WATER INTENSIVE COOLING SYSTEMS AS AN OPTION WOULD FURTHER SPECIFY THAT COMPLIANCE WITH ALL CRITERIA MANUALS MUST BE DEMONSTRATED. SO AS WE CONTINUE TO WORK THROUGH THESE LAND USES AND WE ADD THOSE CRITERIA TO THE CRITERIA MANUALS, THEY'LL NEED TO DEMONSTRATE THAT FOR LIGHT SPILLOVER, IT WOULD NEED TO EQUAL ZERO FOOT CANDLES AT THE PROPERTY LINE, ONE ADJACENT TO RESIDENTIAL USES, AND THEN SPECIFYING THE TIMING OF APPROVALS FOR THE TEXAS PUBLIC UTILITY COMMISSION, AS WELL AS THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, THAT THOSE APPROVALS NEED TO BE OBTAINED PRIOR TO PLACEMENT ON AN AGENDA FOR CONSIDERATION. AND THEN FINALLY ADDING A DEFINITION FOR ENTERPRISE DATA CENTER. THESE ARE REALLY IN-HOUSE DATA STORAGE AND NETWORK EQUIPMENT THAT MOST BUSINESSES HAVE USED TO RUN INTERNAL OPERATIONS. THIS DEFINITION IS REALLY BEING ADDED TO HELP DISTINGUISH FROM THE HYPERSCALE DATA CENTERS, WHICH IS PREDOMINANTLY WHAT WE'RE DISCUSSING, VERSUS A MORE COMMON TERM FOR WHAT INDIVIDUALS MAY HAVE FOR THEIR COMPANIES, FOR BUSINESS RUNNING PURPOSES. THERE'S A LOT OF CHANGES. SO I HAVE KIND OF A SUMMARY SLIDE TO JUST SORT OF TALK THROUGH SOME THINGS. SO AS IT RELATES TO WHERE THESE MAY BE ALLOWED, THE EXISTING REGULATIONS ALLOW WAREHOUSE DATA CENTERS IN G, OLI AND HIP OF ZONING DISTRICTS, AS WELL AS WITH AN SUP IN M, R, S, C AND H C ZONING DISTRICTS. THE PROPOSED REQUIREMENTS WOULD REQUIRE. THAT'S U P IN THE LIHI AND ZONING DISTRICT, BUT WOULD NOT PERMIT AT ALL IN THE OTHER ZONING DISTRICTS. WE DISCUSSED THE SETBACK FROM ADJACENT RESIDENTIAL USES OR ZONING DISTRICTS WOULD BE INCREASED FROM 100 TO 300FT. THE LIGHTING STANDARDS WOULD SET A A ZERO FOOT CANDLE REQUIREMENT WHEN ADJACENT TO RESIDENTIAL WOULD REQUIRE THE CLOSED LOOP OR FREE AIR COOLING COOLING SYSTEMS, WHERE PRESENTLY NO REGULATIONS EXIST. IN ADDITION, NO REGULATIONS PRESENTLY EXIST AS TO THE TIMING OF WATER AND WASTEWATER DEMAND STUDIES. THIS WOULD REQUIRE THAT THOSE BE SUBMITTED WITH THE INITIAL APPLICATION, AS WELL AS SPECIFYING WHEN THOSE APPROVALS FROM THE PUC AND ERCOT NEED TO BE RECEIVED PRIOR TO PLACEMENT ON AN AGENDA FOR CONSIDERATION. SO THOSE ARE SOME OF THE MAJOR CHANGES. THE NOISE REQUIREMENTS ARE NOT CHANGING. SO STILL THAT 60DB IS THE PROPERTY LINE. UNLESS IT ALREADY EXISTS. THEN IT COULD BE INCREASED BY THREE. IN SUMMARY, THIS REQUEST IS TO AMEND SEVERAL SECTIONS OF THE DEVELOPMENT CODE AS IT RELATES TO THE DATA CENTER LAND USES SPECIFICALLY. TABLE 5.2-A. THE INDUSTRIAL USES USE SPECIFIC STANDARDS AND OUR DEFINITIONS. SECTION STAFF IS RECOMMENDING APPROVAL AS THIS MEETS OUR CRITERIA FOR APPROVAL, AND I STAND FOR ANY QUESTIONS THAT YOU ALL MAY HAVE. >> THANK YOU ANGIE. A LOT OF DETAILS IN THERE. REALLY APPRECIATE THE THE THOROUGH OVERVIEW. I THINK FOR THE BENEFIT OF THE PUBLIC THAT'S HERE TONIGHT, COULD YOU GIVE JUST A A HIGH LEVEL OVERVIEW OF WHAT THE PROCESS IS WHEN SOMEONE WANTS TO DEVELOP A PIECE OF PROPERTY, WHERE THE USE THEY WANT IS BY RIGHT FROM THAT TERMINOLOGY VERSUS WHEN THE USE THEY WANT TO DO REQUIRES AN S, U, P AND JUST KIND OF WHAT THAT PROCESS LOOKS LIKE BETWEEN THOSE TWO. >> YES. SO WE HAVE OUR TABLE OF ALLOWED USES IN THE DDC THAT LISTS REALLY EVERY LAND USE YOU CAN USE IN ALL OF OUR ZONING DISTRICTS. IT DENOTES EITHER A BLANK CELL, WHICH MEANS IT'S NOT ALLOWED AT ALL, A P WHICH IS PERMITTED OR AN S FOR SPECIFIC USE PERMIT FOR LAND USES THAT ARE PERMITTED WITHIN A ZONING DISTRICT. TYPICALLY, AN APPLICANT WILL REACH OUT TO STAFF, SAY, HEY, I WANT TO DEVELOP A RESTAURANT. I'M IN. THE ZONING DISTRICT STAFF WILL SAY THIS IS PERMITTED BY RIGHT AND WILL ADVISE THEM TO SUBMIT THEIR ZONING COMPLIANCE PLAN. THE ZONING COMPLIANCE PLAN IS A DETAILED. IT'S A SITE PLAN THAT OUTLINES EVERY EVERY DETAIL OF [00:50:05] THE SITE, HOW IT'S GOING TO BE SITUATED, WHAT THE PARKING IS, BUILDING ORIENTATION, ALL OF THAT PROVIDED IT'S ABLE TO MEET ALL THE REQUIREMENTS SET FORTH IN THE CODE. BECAUSE THAT LAND USE IS ALLOWED BY RIGHT. STAFF CAN ADMINISTRATIVELY APPROVE THAT ZONING COMPLIANCE PLAN. FROM THERE, THEY'RE ABLE TO GO TO THEIR CIVIL ENGINEERING PLANS, THEIR FINAL PLAT, AND BEGIN THEIR PERMIT ACQUISITION PROCESS. IT WOULD NOT BE CONSIDERED BY THIS BOARD OR BY CITY COUNCIL, BECAUSE IT'S A BY RIGHT LAND USE WHEN IT COMES TO SPECIFIC USE PERMITS, IT'S NOT PROHIBITED, BUT IT'S ALSO NOT PERMITTED BY. RIGHT. WHAT IT'S BE APPROPRIATE IN THIS ZONING DISTRICT, BUT IT REQUIRES FURTHER SCRUTINY SPECIFICALLY AS IT RELATES TO MAYBE POTENTIAL ADVERSE IMPACTS. AT THAT POINT, THE APPLICANT WOULD STILL SUBMIT. THEY WOULD SUBMIT THEIR SUP FOR REVIEW, BUT IT DOES CONTAIN THAT ZONING COMPLIANCE PLAN OR THAT SITE PLAN, WHERE THEY WOULD NEED TO DEMONSTRATE ALL FACETS OF THE DEVELOPMENT CODE HAVE BEEN MET, AND STAFF WOULD TAKE THAT TO THIS BODY FOR CONSIDERATION. THE PLANNING AND ZONING COMMISSION WOULD WEIGH IT, MUCH LIKE YOU JUST DID YOUR ZONING CASE, AND PROVIDE A RECOMMENDATION, WHICH ULTIMATELY GOES ON TO CITY COUNCIL. WHO HAS THE ULTIMATE DISCRETION IN IS THIS APPROVED OR IS IT DENIED? OR MAYBE DO THEY APPROVE IT WITH SOME CONDITIONS, EITHER THAT YOU ALL SET OR THAT THEY SEE FIT? >> OKAY. >> THANK YOU. ANY QUESTIONS FOR STAFF AT THIS TIME? I DON'T SEE ANY. THANK YOU VERY MUCH. I WILL OPEN THE PUBLIC HEARING AT THIS TIME. I HAVE SOME FOLKS WHO'VE FILLED OUT CARDS, BUT AFTER I CALL THE CARDS, IF THERE'S ANYBODY ELSE WILLING TO SPEAK, YOU'LL HAVE AN OPPORTUNITY. FIRST CARD I HAVE IS FROM RACHEL WEAVER. IF YOU COME DOWN, YOU'RE YOU'LL HAVE FOUR MINUTES TO TO SPEAK. JUST NAME AND ADDRESS. >> THANK YOU. I'M RACHEL WEAVER, I LIVE IN 76209. AND I'M HERE TO REQUEST THAT THE PLANNING AND ZONING COMMITTEE, CITY COUNCIL, CITY STAFF, DM ALL THE DEPARTMENTS RELATED. ENSURE OUR DEVELOPMENT CODES, PROTECT OUR COMMUNITY FROM HARMFUL DEVELOPMENTS AND UNSUSTAINABLE PRACTICES. THE RAPID GROWTH OF GENERATIVE AI HAS LED TO A PROFUSION OF NEW PROPOSED DATA CENTERS IN TEXAS. WITHIN TWO YEARS, OUR STATE COULD BECOME HOME TO MORE DATA CENTERS THAN ANY OTHER STATE IN THE NATION. THIS HAS LED TO A DESPERATE NEED FOR REGULATION AND AWARENESS OF THE ENVIRONMENTAL IMPACTS OF DATA CENTERS AND THE AI TOOLS THEY SUPPORT. TEXANS OF ALL POLITICAL STRIPES ARE RIGHTLY CONCERNED ABOUT THE WATER USE, ELECTRICITY USE, WASTEWATER, AIR POLLUTION, NOISE AND LOSS OF WORKING LANDS THAT COULD RESULT. HERE ARE JUST A FEW SOLUTIONS. IF WE HAVE SOME OF THESE IN PLACE, PLEASE REAFFIRM METHODS OF ACCOUNTABILITY, NOISE CAPS AND THIRD PARTY INDEPENDENT NOISE STUDIES AND IMPACTS ON NEIGHBORING COMMUNITIES AND LOCAL INSECT AND BIRD POPULATIONS, ESPECIALLY DURING MIGRATION SEASONS. IT IS THE MONARCH BUTTERFLY MIGRATION SEASON RIGHT NOW. TWO POWER AND WATER USAGE CAPS, ESPECIALLY IN TIMES OF EXTREME WEATHER. THREE REQUIRE DISCLOSURE OF TOTAL WATER CONSUMPTION, INCLUDING INDIRECT VIA POWER GENERATION, FOR REQUIRE THE NOTIFICATION RADIUS FOR DATA CENTERS TO BE EQUAL TO THEIR IMPACT RADIUS. TO ENSURE PUBLIC HEARINGS AND OVERSIGHT REQUIRE THE CONDITIONAL USE PERMITTING FOR EVERY DATA CENTER. REQUIRE PARTICULATE MATTER AND NITROGEN OXIDE DISPERSION MODELING TO DETERMINE EXISTING AIR QUALITY AND MEASURE POLLUTION FROM DATA CENTERS REQUIRE DECOMMISSIONING BONDS, FORCING DEVELOPERS TO PAY FOR TEARDOWN COSTS SHOULD THE FACILITY BE ABANDONED FOR ANY REASON IN THE FUTURE. WE'VE HAD A HISTORY OF RADIOPHARMACEUTICALS LEAVING LOW LEVEL RADIOACTIVE WASTE AND CONTAMINATED EQUIPMENT FOR US TO CLEAN UP AND CORE SCIENTIFIC. ONE OF THE DATA CENTERS HAS ALREADY GONE BANKRUPT ONCE IN CRYPTO MINING. WHAT ASSURANCE DO WE HAVE THAT THEY WON'T GO BANKRUPT AGAIN? IN AI, WE SHOULD REQUIRE SOLID MASONRY SOUND BARRIERS, AT LEAST AS HIGH AS THE SOUND SOURCE. WE NEED CLEAR, ROBUST, COMPREHENSIVE ENFORCEMENT MECHANISMS. WE SHOULD REQUIRE DATA CENTER DEVELOPERS TO PAY FOR ANY PRICE PER KILOWATT HOUR INCREASE TO EXISTING POWER CUSTOMERS, RESULTANT FROM INCREASED DEMAND DUE TO DATA CENTERS. ADDING TO THAT DEMAND, WE SHOULD BAN ON DATA CENTER DEVELOPMENT WITHIN FIVE MILES OF RESIDENTIAL STRUCTURES AND ZONING. WE SHOULD HAVE MANDATORY DISCLOSURE OF END USER OPERATOR, AS IN THE AMOUNT OF UTILITIES DEPENDENT ON THEIR END USE FUNCTION. WE SHOULD HAVE ENVIRONMENTAL OFFSETS AND MITIGATION, BANKING ECOSYSTEM SERVICES PROTECTIONS, AND GREEN SPACE BUFFER ZONE IMPLEMENTATIONS THAT THESE COMPANIES ARE RESPONSIBLE FOR. WE SHOULD HAVE LONG TERM ECOLOGICAL AND COMMUNITY IMPACT REPORTS IN RELATION TO OUR 2040 COMPREHENSIVE PLAN, CLIMATE ACTION GOALS, SIMPLY SUSTAINABLE FRAMEWORK AND OUR REGIONAL WATERSHED PROTECTIONS AND RENEWABLE ENERGY PLANS. I HOPE THAT YOU ALL HAD A CHANCE TO WATCH THE MEETING LAST NIGHT, WHERE WE FILLED THE ROOM AND LET CITY COUNCIL KNOW WHAT DIDN'T THINKS ABOUT DATA [00:55:04] CENTERS, AND I HOPE THAT CITY COUNCIL WATCHES OR IS WATCHING THIS MEETING AS WELL. AND I'D LIKE TO URGE PLANNING AND ZONING STAFF, COUNCIL, CITY DEPARTMENTS AND DENTON MUNICIPAL ELECTRIC TO DEVELOP A SUSTAINABLE AND STRATEGIC DEVELOPMENT CODE TO PROTECT OUR COMMUNITY AGAINST HARMFUL DATA CENTERS AND AI DEVELOPMENTS. PLEASE SUPPORT OUR TRANSITION TO EVEN MORE RENEWABLE ENERGY, MORE POLLUTION MITIGATION, AND MORE GREEN SPACE PROTECTIONS. THANK YOU. >> THANK YOU. ACTUALLY, I HAVE A QUESTION, RACHEL. I WAS TRYING TO FOLLOW ALONG ON ALL YOUR DETAILS, AND I REALLY APPRECIATE BEING BEING PREPARED. TWO THINGS I HEARD WERE THE DESIRE FOR ONE. I GUESS, MORE OF A CONCERN FOR GOBBLING UP OF, OF WORKING LAND FOR THIS USE. AND THE SECOND TO BE A DESIRE THAT WHEREVER THIS USE IS, IT'S AT LEAST FIVE MILES OR MORE FROM ANY RESIDENTIAL USE. HOW DO YOU SEE THE THE CONFLICT BETWEEN THOSE AND HOW, WHAT'S YOUR IDEA OF HOW YOU ACHIEVE BOTH OF THOSE SIMULTANEOUSLY? >> I DON'T KNOW, BUT I THINK THE FIVE MILES IS A LARGE DISTANCE THAT HELPS PROTECTS OUR RESIDENTIAL AREAS, AND I WOULD HOPE THAT. I MEAN, THERE ARE RESIDENTIAL DEVELOPMENTS COMING IN CLOSE TO WHERE THESE DATA CENTERS ARE BEING LOCATED. SO IT'S ALMOST LIKE THE DATA CENTERS ARE BEING BUILT IN THEIR FUTURE BACKYARDS. SO THAT'S WHERE SOME OF THAT LINE OF THINKING COMES FROM. AND I THINK WITH WORKING LANDS, WOULD WHATEVER WORKING LANDS WE STILL HAVE REMAINING IN DENTON, IF WE CAN TRY TO PROTECT THEM, THEY WILL HELP US IN THE LONG RUN. BUT I DON'T REALLY KNOW HOW WE GET TO ALL THAT, OR IF EVERYTHING ON THIS LIST IS ACHIEVABLE, BUT MAYBE THEY'RE GOALS THAT WE CAN ASPIRE TOWARDS. THANK YOU. THANKS. >> NEXT CARD I HAVE IS FOR AMY HEFLEY. COME DOWN AND STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE FOUR MINUTES. >> GOOD EVENING. MY NAME IS ANNIE HEFLEY. I LIVE AT 76201. I AM HERE TODAY TO SPEAK IN FAVOR OF THE ADDITIONAL DATA CENTER REGULATIONS THAT HAVE BEEN PROPOSED. I AM A LIFELONG DENTON RESIDENT AND AN ORGANIZER WITH DATA CENTER FOR DENTON. AS I MENTIONED AT THE PUBLIC HEARING YESTERDAY, WHERE I SPOKE IN FAVOR OF A MORATORIUM, I STAND AGAINST DATA CENTERS FOR AN ABUNDANCE OF REASONS. THERE ARE ENVIRONMENTAL CONCERNS, HEALTH CONCERNS, RESOURCE CONCERNS, THE LIST GOES ON. WHILE I UNDERSTAND THAT OUR CITY COUNCIL HAS MADE SOME INITIAL ATTEMPTS TO REGULATE THESE FACILITIES, WE MUST CONTINUE TO DEMAND BETTER FOR OURSELVES. APPROVING THESE ADDITIONAL REGULATIONS IS A GOOD PLACE TO START, AND MY UNDERSTANDING THE REGULATIONS BEING PROPOSED WILL CREATE RESTRICTIONS ON WHERE DATA CENTERS CAN BE BUILT, REQUIRE ADDITIONAL PERMITS BEFORE APPROVAL, AND ENFORCE SPECIFIC STANDARDS FOR DATA COLLECTION ON ENVIRONMENTAL IMPACTS. APPROVING THESE REGULATIONS WOULD CREATE ADDITIONAL PROTECTIONS FOR OUR COMMUNITY, AND FRANKLY, I CANNOT SEE ANY DOWNSIDES, AT LEAST NOT FOR THE COMMUNITY MEMBERS YOU ARE WORKING ON BEHALF OF. IF YOU ARE THINKING ABOUT VOTING AGAINST THESE REGULATIONS, CONSIDER WHOSE BEST INTERESTS YOU HAVE IN MIND. TO VOTE AGAINST THESE REGULATIONS IS TO VOTE AGAINST OUR HEALTH AND SAFETY. TO VOTE AGAINST THESE REGULATIONS IS TO VOTE ON BEHALF OF CORPORATIONS AND PROFIT, RATHER THAN ON BEHALF OF OUR COMMUNITY, YOUR COMMUNITY. ACROSS THE COUNTRY, DATA CENTERS ARE DRAINING OUR RESOURCES, EMITTING HARMFUL POLLUTANTS, HEATING UP OUR ENVIRONMENT, AND CREATING HEALTH RISKS FOR THE PEOPLE AND WILDLIFE AND SURROUNDING AREAS. THESE ARE NOT WHAT OUR COMMUNITY NEEDS NOR WANTS AT THIS TIME. WE CANNOT COMPREHENSIVELY UNDERSTAND ALL OF THE DANGERS AND NEGATIVE IMPACTS OF DATA CENTERS, AND WHAT WE DO UNDERSTAND DEMONSTRATES IMMENSE DANGER. WE NEED ADDITIONAL PROTECTIONS. UNTIL WE FORMALIZE THESE REGULATIONS, WE WILL CONTINUE TO BE AT RISK OF MANY OF THE DANGERS POSED BY THESE FACILITIES. LET ME BE CLEAR THESE REGULATIONS ALONE WILL NOT WHOLLY PROTECT US. EVEN THE MOST REGULATED DATA CENTER IS STILL A DATA CENTER. THESE PROPOSED REGULATIONS ARE JUST A START, BUT THEY ARE STILL WORTH FIGHTING FOR. WE CAN WORK TOWARD THESE REGULATIONS HERE AND NOW, WHILE CONTINUING TO WORK MORE BROADLY AGAINST DATA CENTERS AT LARGE. WINNING THESE ADDITIONAL REGULATIONS IS A STEP IN THE RIGHT DIRECTION, BUT THAT IS WHAT IT IS A STEP. I URGE YOU TO APPROVE THESE ADDITIONAL REGULATIONS ON DATA CENTERS, BECAUSE IT IS THE LEAST YOU CAN DO. LET US MAKE IT AS CHALLENGING AS POSSIBLE FOR ADDITIONAL FACILITIES TO COME TO DENTON, BECAUSE THAT IS WHAT IS IN THE BEST INTEREST OF THE PEOPLE. WE NEED TO CONTINUE TO FIGHT AGAINST THESE HARMFUL AND DANGEROUS FACILITIES. VOTING TO APPROVE THESE ADDITIONAL REGULATIONS IS A [01:00:04] START. >> THANK YOU. NEXT, I HAVE A CARD FROM SARAH J. COME DOWN AND STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE FOUR MINUTES. THANK YOU. >> MY NAME IS SARAH J. I LIVE IN 76209 AND I'VE BEEN IN DENTON FOR 20 YEARS. THE DATA CENTER TOPIC MATTERS TO ME AS I, LIKE THE OTHERS HERE, CARE ABOUT OUR QUALITY OF LIFE. WHILE THE PUBLIC HEARING FOR DATA CENTER MORATORIUM WAS LAST NIGHT, IT'S WORTH NOTING THAT I'M A PROPONENT OF THAT MORATORIUM. THE WAY THAT WE USE OUR LAND HAS CONSEQUENCES THAT ARE BOTH ACUTE AND LATENT. INDUSTRIAL DEVELOPMENTS, INCLUDING DATA CENTER INSTALLS THAT OCCURRED OVER THE LAST TWO DECADES IN DENTON, HAVE ACUTELY DISPLACED PEOPLE, WILDLIFE AND OUR NATURAL RESOURCES. LATELY, THEY'VE CONTRIBUTED TO THE HEAT ISLAND EFFECT, GROUNDWATER LOSS, FLOODING, WILDFIRES, AND THE DESTRUCTION OF ECOSYSTEMS, AMONG MANY OTHERS. STILL, EMERGING PROBLEMS FURTHER DEVELOPMENTS ON NEW AND EXISTING DATA CENTERS WILL ADD TO THIS DESTRUCTIVE PATH WE'RE PAVING. WHILE IT MAY SEEM LIKE THESE EFFECTS ARE IMMEDIATE AND ISOLATED, THEY'RE NOT. EVERY ASPECT OF THE ENVIRONMENT IS CONNECTED, AND IMPROPER AND IRRESPONSIBLE LAND USE WILL NEGATIVELY AFFECT EVERY PERSON LIVING IN THE CITY FOR YEARS TO COME. FOR DENTON CITIZENS, DATA CENTERS HAVE EMERGED IN OUR COMMUNITIES AT AN UNPRECEDENTED RATE. DEVELOPING THESE FACILITIES REQUIRES SIMILARLY UNPRECEDENTED ZONING AND PERMITTING THAT SUPERSEDE PREVIOUSLY ESTABLISHED POLICIES OPERATING IN A GRAY AREA, NON-DISCLOSURE AGREEMENTS, PROJECT CODE NAMES AND SHELL COMPANIES ARE COMMONLY EMPLOYED BY CORPORATIONS TO QUICKLY BUILD DATA CENTERS. WHILE THEY MAY GUARD CORPORATE SECRETS, THEY PREVENT DEMOCRATIC ENGAGEMENT ON AN ISSUE THAT DIRECTLY AFFECTS OUR ABILITY TO LIVE OUR LIVES FRUITFULLY. ALL OF THESE PRACTICES ARE A BAD LOOK FOR OUR CITY AND FOR CITY OFFICIALS. PEOPLE WILL NOT MOVE HERE WHEN THEY KNOW WE HAVE MULTIPLE DATA CENTERS WITHIN AN EVEN NEAR CITY LIMITS. SO TODAY I ASK YOU TO DO THE RIGHT THING. PLEASE MAKE CLEAR THE POLICIES RELATED TO DATA CENTERS TO PROHIBIT DATA CENTERS IN OUR CITY ARE AT VERY LEAST, MAKE IT DIFFICULT FOR ADDITIONAL DATA CENTERS AND EXPANSIONS TO OCCUR. PLEASE DO NOT RECLASSIFY LAND, FOR INSTANCE, FROM RESIDENTIAL TO INDUSTRIAL OR LIGHT INDUSTRIAL TO MAKE WAY FOR DATA CENTER EXPANSION. PLEASE PROHIBIT PROPERTY USE FOR DATA CENTERS OR AT THE VERY LEAST, ANY FURTHER DATA CENTERS, ESPECIALLY NEAR AND IN RESIDENTIAL AREAS. PLEASE DO IN-DEPTH IMPACT STUDIES AND WEIGH THE EVIDENCE. DATA CENTERS EMIT ODOROUS MATERIAL. THEY ALSO RELEASE TOXIC AND NOXIOUS MATTER, AND THEY GIVE OFF POWERFUL VIBRATIONS WITH SOUNDS THAT CAN MEASURE UP TO 96DB, COMPARABLE TO AN EVER RUNNING LAWNMOWER, EVEN FROM HUNDREDS OF FEET AWAY. THIS CAUSES PERMANENT HEARING LOSS TO PEOPLE WHO ARE EXPOSED TO IT REGULARLY. FOR ALL OF THESE REASONS, DON'T DATA CENTERS CURRENTLY FALL UNDER PROHIBITED USE? SPECIFIC USE PERMITS CAN BE GRANTED, BUT THE DAMAGE IS DONE. THERE ARE NO BUFFERS, THRESHOLDS OR RESTRICTIONS THAT WILL PREVENT THE DEVASTATION THAT COMES FROM DATA CENTERS, BUT AT THE VERY LEAST, WE CAN MAKE SOME OF THOSE HAPPEN. THE NOISE WILL MAKE THE AREA AROUND THE DATA CENTERS UNINHABITABLE FOR HUMANS AND WILDLIFE. THE ENERGY USAGE WILL MAKE IT UNAFFORDABLE AND DIFFICULT TO LIVE HERE, ALONG WITH THE INCREASINGLY FREQUENT ENVIRONMENTAL PROBLEMS I MENTIONED PREVIOUSLY. THANKS FOR YOUR TIME. >> THANK YOU. BRINGS US TO THE LAST CARD WE HAVE FOR ANNA TAOS. >> CAN I CAN I ASK A QUESTION? >> YES. SORRY, COMMISSIONER. >> AND THIS IS MORE FOR STAFF. SHE MENTIONED THAT DATA CENTERS HAVE BEEN BUILT IN DENTON FOR 20 YEARS. DID YOU SAY WE ONLY HAVE TWO DATA CENTERS? >> WE HAVE TWO DATA CENTERS OF THE THE HYPERSCALE, THE AI SORT OF DATA CENTERS. >> SO NO OTHER TYPE OF DATA CENTER. AND, AND CITY OF DENTON. >> WE TALKED A LITTLE BIT ABOUT SOME OF THE ENTERPRISE ONES AS IT RELATES TO, TO PERSONAL OR BUSINESS RELATED DATA CENTERS. BUT THE, THE WAY IN WHICH THE DATA CENTER LAND USE WAS ADDED TO THE CODE WAS BY A DIRECTOR DETERMINATION THAT IT WAS MOST SIMILAR TO THE WAREHOUSE USE, WHICH IS THE ONE THAT WE HAVE OUT BY THE DENTON ENERGY CENTER. AND THEN THESE USES WERE ADDED TO THE DDC, AND THEN ONE MORE HAS COME IN SINCE THEN. >> AND WHEN WERE THOSE BUILT? DO YOU REMEMBER. >> THE THE MODULAR DATA CENTERS HAVE NOT BEEN BUILT, BUT THEY WERE APPROVED IN JANUARY OF THIS YEAR. >> AND THE OTHER DATA CENTER ONE WAS IT BUILT. >> THEY RECEIVED THEIR ENTITLEMENTS IN 2021. SO I THINK IT DID BUILD OUT PROBABLY STARTED IN 22 OR 23. >> SO, SO NOT 20 YEARS AGO. >> NOT FOR THOSE TWO. >> OKAY. AND THERE WAS SOME CLAIMS THAT DATA CENTERS HAVE STARTED WILDFIRES HERE IN THE [01:05:05] CITY. IS THAT IS THAT TRUE? >> DO YOU KNOW, I'M NOT AWARE OF A SPECIFIC WILDFIRE DUE TO A DATA CENTER IN THE CITY. OKAY. >> THAT'S THE ONLY QUESTIONS. THANKS. >> THANK YOU. YEAH. ANNA, YOU'RE WELCOME TO COME DOWN. >> HELLO. I'M ANNA. I'VE COME A LOT RECENTLY TO SPEAK TO CITY COUNCIL. I'M GOING TO TOSS OUT MOST OF WHAT I WROTE TODAY AND SAVE THAT FOR CITY COUNCIL SPECIFICALLY. BUT I STILL DO HAVE MANY THINGS TO SAY. DATA CENTERS SHOULD NEVER BE CONSIDERED ANYTHING OTHER THAN HEAVY INDUSTRIAL, GIVEN THE NOISE FOREVER. CHEMICALS THAT ARE USED IN CLOSED LOOP SYSTEMS. THE POLLUTION PRODUCED TRAFFIC FOR THE BUILDING, ETC. THERE IS NOTHING LIGHT INDUSTRIAL USE ABOUT THESE. IN MY PREVIOUS DATA CENTER PRESENTATION A FEW WEEKS BACK, A FEW WEEKS BACK TO CITY COUNCIL, I EXPRESSED MY CONCERNS THAT THE CURRENT ZONING ALLOWED IS UNREASONABLE, WITH THE ONLY 100 FOOT BUFFER FROM HOUSING AND 30FT OF LANDSCAPE REQUIRED. AND I HEARD TONIGHT THAT YOU'RE PROPOSING THE 300FT, BUT I DO NOT BELIEVE THAT IT IS NEARLY ENOUGH. I AGREE THAT THESE SHOULD BE MILES AWAY. AND ULTIMATELY, I'M HOPING FOR A TOTAL BAN. LET'S SEE. YEAH, I ONCE AGAIN, I DON'T WANT THEM ANYWHERE NEAR RESIDENTIAL AREAS. THEY'RE JUST GETTING TOO CLOSE FOR COMFORT, ESPECIALLY BEING NEAR RESIDENTS. WE HAVE BROUGHT UP PREVIOUSLY THAT UNBIASED ENVIRONMENTAL IMPACT STUDIES SHOULD BE REQUIRED EACH AND EVERY TIME. I DO THINK THIS IS EXTREMELY IMPORTANT AND WOULD RULE OUT A LOT OF THESE BEING BUILT. I JUST DON'T SEE HOW THEY WOULD BE ALLOWED, GIVEN THE ENVIRONMENTAL IMPACTS. I'M REALLY INTO BIRDING. THIS IS A BIRD CITY THOSE WILL BE AFFECTED. THEIR MIGRATION PATTERNS WILL BE AFFECTED BY THE NOISE FROM THESE DATA CENTERS. I ALSO VOLUNTEER AT A FRIEND'S FARM. 76208 IS WHERE IT'S LOCATED. THAT'S ALSO WHERE I LIVE. I HELP WITH THE ANIMALS. THEY HAVE CATTLE, HORSES, MULES, ETC. AND ALREADY FACED A LOT OF ISSUES THERE WITH ZONING. JUST IT FEELS LIKE THE WALLS ARE CLOSING IN ON THAT FARM. WE ALSO ALMOST WERE AFFECTED BY A WILDFIRE THAT HAPPENED AT. WELL, I DON'T KNOW IF YOU CONSIDER IT A WILDFIRE, BUT IT WAS AT THE DUMP, WHICH IS KIND OF BEHIND WHERE THIS FARM IS LOCATED. THERE'S BEEN SO MUCH DEVELOPMENT AND THERE'S MORE DEVELOPMENT CLOSING IN ON IT. I'M SURE THEY'RE NOT THE ONLY ONES WHO FEEL THE PRESSURE WITH THESE DATA CENTERS BEING BUILT IN RESIDENTIAL AREAS, WE NEED TO PROTECT THESE FARMS. THIS IS WHAT TEXAS IS ABOUT. REAL COWBOYS, CATTLE. LIKE WHAT ARE WE DOING? ALLOWING ANYTHING THAT COULD AFFECT THE CATTLE NEAR THE RESIDENTIAL AREAS AND THE FARMS. I JUST REALLY DON'T UNDERSTAND THAT THAT THINKING. SO I REALLY URGE YOU TO RECONSIDER AND MAKE VERY STRICT REGULATIONS ON ZONING AND DEVELOPMENT. THANK YOU. THAT'S ALL. >> THANK YOU. I'M NOT SEEING ANY. SO THIS IS A PUBLIC HEARING. IF ANYBODY ELSE WOULD LIKE TO SPEAK, YOU'RE WELCOME TO AT THIS TIME, JUST COME DOWN AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND YOU'LL HAVE FOUR MINUTES. >> I MY NAME IS RILEY. I'M AT 76201. I'M ALSO A MEMBER OF DATA CENTER FOR DENTON. SO AS HAS BEEN MENTIONED TONIGHT, DATA CENTERS RELEASE THE HEAT THEY GENERATE INTO THE SURROUNDING ENVIRONMENT, CREATING HEAT ISLANDS IN THE IMMEDIATE AREA SURROUNDING THEM. THIS CAN CAUSE THE SURFACE TEMPERATURES TO RISE BY AS MUCH AS 16°F, AS I'M SURE MOST OF US ARE AWARE, THOUGH UNFORTUNATELY, SOME OF US WILL NEGLECT TO LISTEN TO THE EXPERTS ON THIS. CLIMATE CHANGE IS HAPPENING AND IT IS HAPPENING RAPIDLY. ACCORDING TO THE UNITED NATIONS ENVIRONMENTAL PROGRAM, WITHIN THE NEXT FEW YEARS, GLOBAL TEMPERATURES ARE GOING TO RISE PAST THE 1.5 DEGREE THRESHOLD. THE CLIMATE CATASTROPHE IS GOING TO AFFECT THE MOST VULNERABLE MEMBERS OF OUR GLOBAL SOCIETY, PARTICULARLY THOSE IN THE GLOBAL SOUTH. FIRST, WE MUST DO EVERYTHING WE CAN TO LESSEN THE INEVITABLE DAMAGE. AND ONE WAY WE CAN DO THIS IS TO RESTRICT DATA CENTERS TO THE BEST OF OUR ABILITIES. FURTHER, NON CLOSED LOOP SYSTEMS REQUIRE FREQUENT FLUSHING OF THE WATER THAT THEY USE TO COOL THE DATA CENTERS, POTENTIALLY RELEASING RELEASING PFAS CHEMICALS INTO THE WATER AND AIR. PFAS ARE KNOWN AS FOREVER FOREVER CHEMICALS DUE TO HOW LONG IT TAKES THEM TO BREAK DOWN. AND FURTHER, AS COMPANIES ARE NOT REQUIRED TO REPORT THEIR USE OF PFAS CHEMICALS, WE WILL LIKELY NEVER KNOW WHAT QUANTITY OF PFAS CHEMICALS ARE RELEASED INTO THE ENVIRONMENT. FINALLY, I JUST WANT TO SPEAK TO THIS BODY TO ADVOCATE ON BEHALF OF MY NEIGHBORS. AS HAS BEEN REFERENCED LAST NIGHT, AROUND [01:10:02] 20 MEMBERS OF THE COMMUNITY CAME AND SPOKE IN FRONT OF CITY COUNCIL AND NOT ONE WAS IN FAVOR OF DATA CENTERS. THESE ARE WILDLY UNPOPULAR, AND WE STILL ARE NOT CERTAIN ON THE FULL COST OF THE OF THESE DATA CENTERS. THERE HAS NOT BEEN ENOUGH TIME TO HAVE LONGITUDINAL STUDIES. THIS IS WHY IT IS CRUCIAL TO DO EVERYTHING WE CAN TO CURB THE NEGATIVE EFFECTS OF DATA CENTERS, INCLUDING PASSING A MORATORIUM, WHICH OBVIOUSLY IS NOT IN THE HANDS OF THIS BODY. BUT WHAT IS IN THE HANDS OF THIS BODY IS TO VOTE TO PASS THE AMENDMENTS PROPOSED TONIGHT. THANK YOU. >> THANK YOU. I'M NOT SEEING ANY QUESTIONS FROM THE COMMISSION. IS THERE ANYONE ELSE? THIS IS A PUBLIC HEARING. YOU'RE WELCOME TO COME DOWN AT THIS TIME IF YOU'D LIKE TO. NOT SEEING ANY MOTION. I WILL CLOSE THE PUBLIC HEARING AND OPEN THE FLOOR FOR QUESTIONS OR DISCUSSION. >> I GUESS. I GUESS I'LL START THE DISCUSSION. I'M PERSONALLY IN FAVOR OF THESE NEW REGULATIONS. IT DOES OFFER MORE RESTRICTIONS ON DATA CENTERS. AND I THINK TO THE GENTLEMAN'S POINT EARLIER, THE COMPLETE BAN IS NOT THE PURVIEW OF THIS BODY. BUT WHAT IS IT? THE PURVIEW OF THIS BODY IS HOW WE CONTROL AND REGULATE WHEN THEY'RE COMING IN. AND SO THIS CREATES MORE STRICT REGULATIONS THAN WHAT WE CURRENTLY HAVE. THEREFORE, I'M FOR IT. >> THANK YOU. I HAVE A COUPLE OF QUESTIONS FOR STAFF. ACTUALLY. I SEE TONY PUENTE UP THERE. THESE ARE MORE FROM A DME PERSPECTIVE IF YOU WOULDN'T MIND. I APPRECIATE YOU BEING AVAILABLE FOR THE MEETING TONIGHT. THE. COULD YOU JUST GIVE A BRIEF OVERVIEW OF HOW THESE LARGE LOADS. AT LEAST THE TWO DATA CENTERS, AS WELL AS OTHER LARGE LOADS IN THE CITIES, ARE TREATED PER COUNCIL DIRECTION AND POLICY INSOFAR AS HOW THAT AFFECTS OUR POWER PURCHASE AGREEMENTS AND RATES FOR UTILITY SERVICE. >> SURE. COMMISSIONERS. TONY PUENTE DE MI GENERAL MANAGER SO FIRST OF ALL, SO WE DO HAVE AN EXISTING DATA CENTER FOR SCIENTIFIC THAT IS CURRENTLY IN CONSTRUCTION. THEY'RE NOT FULLY OPERATIONAL. THEIR PPA CALLS FOR THEM TO USE UP TO 391MW OF POWER. THE OTHER FACILITY THAT'S OWNED BY CUMULUS AI IS A MODULAR FACILITY TO BE BUILT 20MW. THEY'VE NOT BROKEN GROUND. THEY DO HAVE A EXISTING DCP THAT THEY'RE STILL KIND OF WORKING THROUGH. BUT BUT ALL THESE FACILITIES, THE INTENT IS THAT WE'RE GOING TO BE MANAGING THEM AS A SEPARATE LOAD FROM THE REST OF OUR WHAT WE CONSIDER OUR NATIVE LOAD. SO, SO WE'RE MANAGING THEM AS A SEPARATE PORTFOLIO, REALLY LOOKING AT AT REAL TIME POWER DAY AHEAD POWER. WE'RE ALSO BUYING POWER WELL IN ADVANCE UP TO THREE YEARS THROUGH VARIOUS MEANS FINANCIAL TRANSACTIONS, THE, THE, AND WHAT AND HOW THAT DIFFERENTIATES FROM THE REST OF OUR LOAD IS THAT THE REST OF OUR LOAD IS REALLY BACKED BY NOT ONLY THE DENTON ENERGY CENTER, WHICH IS A QUICK START GENERATION FACILITY, BUT ALSO A NUMBER OF POWER PURCHASE AGREEMENTS THAT THAT WE'VE ENTERED INTO CURRENTLY, ABOUT 595MW WORTH OF WIND AND SOLAR CONTRACTS THAT WE'VE THAT WE'VE ENTERED INTO. AND SO, BUT JUST LIKE OUR NATIVE LOAD, THAT'S BACKED BY RENEWABLES, WHEN WE ARE SHORT TO LOAD, WE ARE BUYING RENEWABLE ENERGY CREDITS TO, TO GREEN THE LOAD. AND WE DO THE SAME THING WITH THE DATA CENTER. DATA CENTER PAYS FOR RENEWABLE ENERGY CREDITS. THEY GO TO OFFSET THEIR LOAD AS WELL. AND SO SO AGAIN, SO WHEN WE TALK ABOUT BEING 100% RENEWABLE, WE'RE TALKING ABOUT COVERING THIS ENTIRE LOAD THAT WE SERVE BOTH FOR NATIVE LOAD AND FOR, FOR THESE DATA CENTER LOADS WITH RENEWABLE ENERGY CREDITS. >> THANK YOU. AND I GUESS JUST SUCCINCTLY FROM A, YOU TALKED ABOUT TWO DIFFERENT LOADS ARE. THERE ARE THE UTILITY RATES SEPARATE SEPARATED FROM THOSE AS WELL? >> YES, ABSOLUTELY. SO WE DO HAVE A POWER PURCHASE AGREEMENT. SOME OF THE RATES ARE. BUT AS AN EXAMPLE CORE SCIENTIFIC PAYS. WE ESTABLISHED A LARGE LARGE LOAD ENERGY COST ADJUSTMENT. THAT'S SEPARATE FROM OUR NATIVE LOAD ENERGY COST ADJUSTMENT. THAT ENERGY COST ADJUSTMENT RATE IS REALLY REFLECTIVE OF THE POWER THAT WE PURCHASE TO SERVE THE LOAD. CURRENTLY, THE THE EC A FOR LARGE LOADS IS ALMOST $0.07 PER KILOWATT HOUR VERSUS THE NATIVE LOAD. THAT'S ABOUT FOUR AND A HALF CENTS. NOW. THEY ALSO PAY. PRETTY [01:15:07] HEFTY DEMAND CHARGE BASE RATES. THAT IS DIFFERENT. IT IS CONSIDERABLY MORE THAN THAN WHAT WE CHARGE THE REST OF OUR NATIVE LOADS. AND THEN THEY ALSO, JUST LIKE OUR NATIVE LOAD, PAY, AN ALLOCATED TRANSMISSION COST OF SERVICE AS WELL. >> SO THANK YOU, I APPRECIATE THAT. YES, I THINK WE HAVE ONE MORE QUESTION FOR YOU, TONY. OH NO. I'M SORRY, COMMISSIONER GARLAND. >> I WOULD LIKE TO MAKE A MOTION TO APPROVE THE RECOMMENDATION TO CITY COUNCIL THAT WE MAKE THE AMENDMENTS TO THE DATA CENTER STANDARDS. OF THE DEVELOPMENT CODE. >> OKAY. >> DO WE HAVE A SECOND, COMMISSIONER? RICK'S. >> I'LL SECOND. >> VERY GOOD. YEAH, I'LL. I GUESS JUST ONE POINT OF CLARIFICATION FOR FOR PLANNING STAFF, ANGIE, A COUPLE OF THINGS WERE MENTIONED ABOUT NOISE REQUIREMENTS. I THINK YOU COVERED THAT FAIRLY WELL. WE DIDN'T SPEAK TO WHETHER. HOW THAT DIFFERS FROM OTHER BY RIGHT USES WITHIN THESE ZONING DISTRICTS OF LA OR H. I DO WE HAVE ANY NOISE RESTRICTIONS ON NON DATA CENTER USES LIKE TYPICAL WAREHOUSES ETC. >> THE MAJORITY OF OUR LAND USES THAT ARE ALLOWED IN LIGOHI ZONING DISTRICTS DO NOT HAVE NOISE PERFORMANCE STANDARDS ATTACHED TO THEM. I'M NOT GOING TO SAY THAT NONE DO, BUT I'M STRUGGLING TO THINK OF ANY OTHERS THAT COME TO MIND. >> OKAY, SO IT'D BE BASICALLY REGULATED BY OUR NOISE ORDINANCES. >> WE DO HAVE A NOISE ORDINANCE, BUT LIKE YOUR TYPICAL WAREHOUSE OR LIGHT INDUSTRIAL OR LIKE MANUFACTURING LAND USES, MOST OF THEM DON'T HAVE A SPECIFIC DECIBEL ATTACHED TO THEM. LIKE THIS DATA CENTER. >> OKAY. THE ONLY OTHER USE THAT I CAN THINK OF THAT HAS A SPECIFIC NOISE STANDARD FOR IT IS GAS WELL DEVELOPMENT. EVERYTHING ELSE DEFERS TO OUR STANDARD NOISE ORDINANCE. >> HOW I SHOULD HAVE GUESSED THAT OUR GAS WELL EXPERT WOULD KNOW THAT. THANK YOU, THANK YOU. ANGIE. YEAH. I'LL JUST SAY A COUPLE THINGS. I, I'M GOING TO SUPPORT THIS TONIGHT. I THINK IT MAKES SENSE TO GO THERE. WITH THAT SAID. THERE'S A COUPLE THINGS HAPPENING IN DENTON IN THE LARGER COMMUNITY AND THE COUNTRY AS A WHOLE THAT I THINK BEHOOVES US FROM A LAND USE BODY OF CONSIDERING LAND USE REGULATION TO REMEMBER AND BE COGNIZANT OF. I VIEW THIS AS AN EMERGING AND POTENTIALLY GROWING TO BE SIMILAR TO THE LABOR MOVEMENT IN THE 20TH CENTURY FOR THE 20TH 21ST CENTURY. AND THAT IS THAT UNCERTAINTY ABOUT TECHNOLOGICAL CHANGE PUTS A LOT OF PEOPLE IN STICKY SITUATIONS AND POTENTIALLY. YOU KNOW, TAKES ADVANTAGE OF PEOPLE. AND THE RESULT IS CONCERN OVER THAT CHANGE. AND HOW DO WE ENSURE THAT SOCIETY AS WE MOVE FORWARD, MANAGES THOSE RISKS? AT THE SAME TIME, LAND USE REGULATION, IN MY VIEW, SEVERAL TIMES OVER AND OVER HAS MADE THE MISTAKE OF REGULATING LAND USE IN ORDER TO ACTUALLY CONTROL SOMETHING THAT IS NOT LAND USE. SO THIS HAPPENED MOST BROADLY IN THE EARLY 20TH, EARLY 20TH CENTURY AND MID 20TH CENTURY OVER ISSUES OF. YOU KNOW, RACIAL ZONING OF CLASS BASED ZONING IN ORDER TO SEPARATE MEMBERS OF SOCIETY FROM OTHER MEMBERS AND, AND, YOU KNOW, GIVE WHAT ONE SEGMENT OF OUR POPULATION WAS ASKING OVER ANOTHER. AND WE'RE STILL DEALING WITH THOSE CHALLENGES FROM HOUSING AND LAND USE AND OTHER POLICIES TODAY. SO WHEN I LOOK AT THIS, I'M ASKING MYSELF, ARE THERE THINGS IN THIS PROPOSAL THAT WE COULD BE STOMPING HARD SO MUCH ON THAT THEY WOULD HAVE UNINTENDED CONSEQUENCES SIMILAR TO THAT AND OTHER LAND USE MISSTEPS OVER THE LAST HUNDRED [01:20:05] YEARS. AND, AND I'M VERY SKEPTICAL AND VERY CONCERNED ABOUT THAT. AND I, I DON'T REALLY SEE ANY I SEE THE, THE SUP REQUIREMENT DOES PRESENT A CHALLENGE JUST BECAUSE LAND USE ARBITRATION AND HEARINGS WITHIN OUR LOCAL CONTEXT GIVE UNDUE VOICE TO THOSE WHO HAVE MEANS AND TIME TO SHOW UP TO PUBLIC HEARINGS AND GET WHAT THEY WANT. AND SO, SO THERE'S SOME RISK IN THE FUTURE THAT HAVING AN SUP FOR ALL DATA CENTER USES TEN PLUS YEARS FROM NOW WOULD PRESENT A SITUATION WHERE ONCE THESE CONCERNS ARE. ONCE WE KNOW MORE ABOUT THESE CONCERNS AND CAN MANAGE THEM, WOULD WOULD ESSENTIALLY BLOCK ALL DATA CENTER USES WITHIN THE CITY. BUT I THINK GIVEN THE CONCERN THAT PEOPLE HAVE AND THE UNCERTAINTY THAT WHERE WE ARE, THAT'S A REASONABLE TRADE OFF. THAT DOESN'T DOESN'T MISSTEP AS MUCH AS SOME OF THE PRIOR PLANNING MISSTEPS THAT WE'VE SEEN OVER THE LAST HUNDRED YEARS. SO THAT'S KIND OF WHERE I AM. BUT COMMISSIONER DYER. >> I GUESS I WOULD JUST LIKE TO SAY THAT I'M GOING TO SUPPORT THIS. I FEEL THAT THIS IS A GOOD FIRST STEP. I'M NOT SCARED OF DATA CENTERS, BUT I DO THINK THAT YOU DO HAVE TO WITH ANYTHING. YOU DO HAVE TO BE CAREFUL IN SOME OF THE REGULATIONS WITH IT. THERE'S IN ANYTHING IN LIFE, THERE'S PROS, THERE'S CONS, THERE'S GOOD, THERE'S BAD. BUT WE TALK A LOT IN OUR COMMUNITY ABOUT HAVING JOBS, JOBS THAT CAN BRING HIGHER WAGES TO THE RESIDENTS OF DENTON. WE TALK ABOUT LOWER PROPERTY TAXES AND AFFORDABILITY, AND DATA CENTERS COULD BE ONE PIECE TO THAT. IT COULD BRING JOBS. COUNCIL MEMBER RUMOHR JUST POSTED ON HER FACEBOOK ACCOUNT TODAY THAT THE COUNCIL WAS ABLE TO APPROVE A REDUCTION IN PROPERTY TAXES, AND PART OF THAT WAS BASED ON THE INCOME COMING IN FROM DATA CENTERS. AND THERE'S OTHER COMMUNITIES THROUGHOUT THE UNITED STATES WHERE DATA CENTERS HAVE SHOWN TO HELP PROVIDE SOME PROPERTY TAX RELIEF FOR CITIZENS. SO, YOU KNOW, I, I THINK THIS I KNOW IT'S NOT OUR PURVIEW TO LIKE, APPROVE THE BUILDING OF DATA CENTERS, BUT I THINK IF A DATA CENTER WANTED TO COME TO THIS AREA, HAVING SOME RESTRICTIONS IS OKAY. SO I'M, I'M GOING TO SAY YES ON THIS. >> ANYTHING ELSE? OTHER QUESTIONS? NOT SEEING ANY. I'LL CALL FOR A VOTE BY ROLL CALL, COMMISSIONER. HECK. COMMISSIONER RIGS. I CHAIR ISN'T I COMMISSIONER DYER I AND COMMISSIONER GARLAND. I ITEM PASSES FIVE ZERO. BRINGS US TO ITEM FIVE, A PLANNING AND [A. PZ26-143 Hold a discussion regarding the Planning and Zoning Project Matrix.] ZONING COMMISSION PROJECT MATRIX. >> GOOD EVENING. WE HAD NO CHANGES TO THE MATRIX THIS EVENING SINCE YOUR PREVIOUS MEETING. JUST A COUPLE OF UPDATES FOR YOU ALL ON ITEMS THAT HAVE GONE TO COUNCIL THAT WERE BEFORE THIS BOARD. PREVIOUSLY AT THE I BELIEVE IT WAS SEPTEMBER 15TH MEETING. THEY DID APPROVE THE COMPREHENSIVE DENTON DEVELOPMENT CODE UPDATES THAT INCLUDED A VARIETY OF LAND USE CHANGES AND OTHER UPDATES THAT DC HAD PREVIOUSLY WORKED ON. AND THEN WE DO HAVE THE DATA CENTER MORATORIUM PROCESS RUNNING CONCURRENTLY THROUGH THIS. SO THAT KICKED OFF LAST NIGHT WITH THE FIRST PUBLIC HEARING. IF YOU ALL ARE INTERESTED IN KEEPING TRACK OF HOW THAT PROGRESSES ALONG BESIDE THIS CODE AMENDMENT, AND WITH THAT, HAPPY TO CONSIDER ANYTHING YOU'D LIKE TO ADD TO THE MATRIX. >> ANY ITEMS FROM THE [6. CONCLUDING ITEMS] COMMISSION? I DON'T SEE ANY. BRINGS US TO CONCLUDING ITEMS. ONE. I'LL JUST SAY WELCOME TO OUR NEWEST COMMISSIONER, ISAIAH HECK. GLAD TO HAVE YOU ON BOARD. AS ALWAYS, KEEP US IN CHECK, ASK LOTS OF QUESTIONS AND WE'LL WE'LL GET ALONG GREAT. ANYONE ELSE WITH CONCLUDING ITEMS? SEEING NONE AT 7:33 P.M. I WILL * This transcript was compiled from uncorrected Closed Captioning.