2026-11-05 - Planning and Zoning Commission

00:14[music]

00:25>> Good evening. I'm James Bell and tonight

00:27I'll be serving as the chair. This is

00:30the Planning and Zoning Commission

00:31meeting for November 5th, 2026.

00:34The agenda for today's meeting is

00:36available at the table outside. If you

00:39did not get one, you may wish to pick

00:41one up.

00:42We will call the cases in the order that

00:43they are listed on the agenda.

00:46Members of the commission, if you have

00:48not entered the meeting on your tablets,

00:50please make sure you do so at this time.

00:53The first matter of business is

00:54citizens' comments.

00:57You

00:58Each citizen will have 3 minutes to

01:00address the commission. You will notice

01:02a small unit

01:03on the podium in front of you with

01:05green, yellow, and red lights.

01:07When you have 30 seconds remaining, you

01:09will hear a bell and the yellow light

01:11will come on. When your 3 minutes have

01:13expired, the red light will come on and

01:15you will hear an alarm indicating that

01:17your time has ended.

01:19When you see the green light come on,

01:21you're free to begin.

01:23Please start When you come up, please

01:25start with stating your full name and

01:26address for the record.

01:28We have several comments today. The

01:30first one I will call up

01:32speaking on agenda 3564 is Rose Wilson.

01:56>> Fix it, honey.

01:57>> Yes, ma'am.

02:00It's right

02:01Hello. Good evening.

02:04>> Good evening.

02:05>> My name is Rose Wilson.

02:08And I'm here because

02:10of the problem that I have

02:13in East Lubbock on my street.

02:15I live at 3508 East Cornell Street

02:19right there by that asphalt. And what's

02:22going on over there

02:23it's been going on for years, but it has

02:26really gotten worse now

02:28in everything.

02:29And I would just like to see something

02:31done about it.

02:33And I got some help. They came and

02:35decided they were going to help me

02:37get something done about it.

02:39And right there at my house and in that

02:41block where I live, we got little kids.

02:45And that is stuff

02:47that I cannot stand because with all

02:49that dust blowing

02:51them little kids get that stuff. Some of

02:53them already have asthma and stuff. I

02:55just want something done about it.

02:57And I thank the City Council people if

02:58they really want to

03:00they can help me get something done

03:02about it.

03:03Thank you.

03:05>> Thank you, Ms. Wilson.

03:07Next up

03:09is

03:11Sandra Chapman.

03:14Hope I pronounced that correctly.

03:21>> It's Chatham,

03:23but I've been called a lot worse you

03:24know.

03:24>> thank you for correcting me.

03:27>> I'm here to speak on the same thing Ms.

03:29Rose is speaking on on case number 3564.

03:33And I'm here with the Parkway Cherry

03:35Point Neighborhood Association. We don't

03:37want to change it a zone into um

03:41change it from uh single family to

03:44urban. We don't want to change it over

03:46to where the batch plan can get there. I

03:49bought along a copy of several things

03:52tonight that I'd like to share with you

03:54guys if that's okay.

03:56I bought a copy of the batch plan

03:58pictures that we took recently.

04:05>> You know, it it's it's it's a big batch

04:07plant now, and if they're going to

04:09expand it, it's going to be a lot

04:10larger. If you take a look at the

04:12pictures that we have here now,

04:14um

04:16it started out as a large project.

04:19And I can't imagine it being any smaller

04:21than larger than what it is now. And if

04:24you take a look at it, they got more

04:26hills up already, and they say, you

04:28know, they're going to do this and

04:29they're going to do that. But at this

04:30point in time, we don't want them to do

04:32anything. And if you take a look at it

04:33this morning, I went out and took those

04:35pictures, and those are from this

04:36morning.

04:37And the one from the wind, if you follow

04:39through on the the one from the wind,

04:41it's already when the wind's not

04:42blowing, there's already enough dust

04:44kicked up there. But if you just walk

04:45across the street to Ms. Wilson at 3500

04:48block of Cornell there, they've been

04:50there for like 50 years, and this

04:52landowner has been there for 50 years

04:53also. If he was a good landowner, he

04:55would have came over and asked us if he

04:56could help us revitalize our lives, our

04:58neighborhood. And I'm sure he don't know

05:00us and we don't know him cuz we never

05:02had that communication. But if you go

05:03from Ms. Roseland Street over one more

05:05street, we have a habitat

05:08building project there, which is we're

05:10building their habitat is going to build

05:1177 houses. We already have 20 houses

05:13there. And what habitat do? They come in

05:15and furnish houses for people that can't

05:18afford a normal mortgage, and they give

05:19them a 30-year mortgage interest free.

05:21And we already got 20 people that that

05:23committed to 30 years that are single

05:25families with children. We don't need

05:28nothing like that in our neighborhood to

05:30corrupt our kids' mind and not only

05:32corrupt their minds, but endanger their

05:34health. And if you go on down further on

05:37down Earth is going to live further, we

05:39reviling that park. We down there, we

05:41have King Dominion, and they're putting

05:43up new houses. Go on down across the

05:45street. We got another subdivision

05:47coming in, which is Mission Homes. We

05:50really really revitalizing East Lubbock,

05:52but we just don't have any help with

05:54people coming in that want to put batch

05:56plants out. And also one more thing,

05:59when we looked at the 2040

06:02comprehensive plan that we all worked on

06:04very hard, diligently, for months and

06:06months. When we went on a 2040 plan, one

06:10of the things that we came up for the

06:12spotlight in the east and north side of

06:14Lubbock neighborhoods,

06:16you're not going to believe this, that

06:17we would disallow expansion of heavy

06:20commercial and industrial use in this

06:22area again. I don't know if all of you

06:24are familiar with the 2040 plan, but

06:26that's something that we came up with

06:28the city and they just ignored us.

06:38They ignored us on the 2040 plan and

06:40they started putting up industrial sites

06:42all around us all the time, not knowing

06:44that, you know, we're the same people

06:46that they did the 2040 plan. So we

06:48asking y'all to deny the request to

06:50change it to uh

06:53for the batch plan to be there. We don't

06:55want the batch plan. What we want to do

06:56when we look out our window, we don't

06:57want to see a batch plan. We'd like to

06:59see a McDonald's, a 7-Eleven, uh it

07:02don't even have to be a 7-Eleven. It

07:03could be anything but that.

07:05>> your three minutes are up.

07:07I'm sorry to cut you off, but you're

07:08only allowed to three minutes and

07:09>> okay. Thank you.

07:10>> Thank you.

07:13Next up is Gordon Harris.

07:22>> Good afternoon, everyone.

07:24Gordon Harris, District 2 City

07:26Councilman.

07:28And I'm here on behalf of the citizens.

07:31It's something that they don't want.

07:35And I believe I mean, that's the reason

07:37why I took this position to try to make

07:40District 2 a better place to live.

07:43Also, I met with some of the guys

07:47today

07:48pertaining to this.

07:52And

07:54come to find out, which they say they

07:56just

07:57barely found out about it, about the

08:00zoning, why they put it there, because

08:03they didn't have knowledge that it was

08:04residential,

08:06[snorts] which is understandable because

08:08things move pretty fast.

08:11But I'm here to speak, like I say, on

08:14behalf of District two.

08:16They don't want it. So if they don't

08:19want it,

08:20and by law,

08:22if it is not zoned to be there,

08:26it does not need to be there.

08:28The law was set up. It's in black and

08:30white. What's residential, what's light

08:32industrial. And if the citizens

08:35don't want it there, it should not be

08:38there.

08:39And I'm going to leave you on this mark.

08:42I've been a councilman here for a couple

08:43of years. I got in here for the people.

08:46And the way Leda

08:49has done things in the past in District

08:52two,

08:55we're going to change that.

08:57Because with me being

08:59representing District two, that should

09:02have came before me.

09:04Not today.

09:06It should have came before me when I

09:07took this office, if it was already in

09:10the making. So and in the future,

09:13anything that Leda has to do, it needs

09:16to come through me when it has to deal

09:18with District two. Thank you.

09:20>> Thank you, Councilman Harris.

09:24Next up, we have Natalie [snorts]

09:26Miller.

09:35>> Good evening.

09:37Um commissioners, my name is Natalie

09:39Miller. I live in East Lubbock. I serve

09:41as the co-president for Northern East

09:43Lubbock Coalition, and I'm speaking in

09:44opposition for

09:46Zone Case 3564.

09:48Let me say this. I want to commend you

09:52all for your positions.

09:54It's not a paid position. It's a

09:56position that you were either asked to

09:58go for or you elected and you raised

10:00your hands that send me, I'll go. So I

10:02know it's not easy, especially if you

10:03have folks who are telling you, you

10:05know, maybe yelling at you and screaming

10:07at you, um you're here to hear both

10:10sides. So I want to commend you for

10:11that. Um I brought with me tonight my

10:14daughter, um Alexandria. She's 13 years

10:16old. Lexi, wave.

10:20I have my other daughter, Cambria. We

10:22call her Cammy. She's 12.

10:24I have my grandson, um Cadence. Cadence,

10:27he's four. Cadence, say hi.

10:32I have my other granddaughter, Naki.

10:34She's three. Naki, say hi.

10:37And I have Zamani. We call her Mani.

10:39She's two.

10:41Um and so you heard Ms. Rose Wilson

10:45speak. Uh she literally can look across

10:47the street and see what's developing to

10:50be something that we don't want our

10:52community. She's over 90 years old. Ms.

10:54Rose has been fighting the community for

10:56a very long time. This definitely

10:58shouldn't be something that she should

10:59be speaking about tonight.

11:01My grandmother is 84 years old. Um

11:03she'll be 85 this year and what I just

11:05spoke is that's four generations in the

11:07community.

11:08Um our community um we have the kids go

11:12to they used to go to Rise Academy

11:13before I started homeschooling them. We

11:15could have literally walk across the

11:17street to their school.

11:18Um the principal actually lives right

11:20across the street from my home. When you

11:23heard Ms. Chatham speak about King's

11:24Dominion, um Ms. Shannon, she just

11:27opened uh one of the um managers for um

11:31the Goodwill store that just was newly

11:32built uh where they actually have

11:34Estacada students that come over there

11:37um to work. Um she literally lives

11:38across the street from my school from my

11:40home. Um on Sunday morning, my husband

11:43was asked to um go sit at church with a

11:47friend of his who preaches. The church

11:49is around the corner on Zenith. Um his

11:52mother lives on uh the same street as

11:54Ms. Rose. She can look across the street

11:57and see what we don't want in the

11:59community. My grandmother, we can walk

12:01to her house and my great-aunt around

12:03the corner. And you're probably saying,

12:05Nally, why are you telling me all this?

12:06This is our neighborhood. It's our

12:09community, right? I wanted you you to

12:10see us as people. We're pollutants.

12:13Um, and I'm not going to argue against

12:15the applicant's plans. I'm going to read

12:18you the city of Lubbock's own words.

12:21Your staff report for this case says,

12:22and I quote, the future land use map

12:25designates the area for both commercial

12:27and low density residential land uses.

12:29Although the proposed zone change and

12:31specific use is not fully consistent

12:33with this delegation designation, end

12:36quote, not fully consistent.

12:39The city's own map says this land is for

12:41homes and neighborhood commercial, not

12:44industry.

12:45In Texas law, local government code

12:47211.004

12:48says zoning must be adopted in

12:51accordance with the comprehensive plan

12:53and designed to promote health and the

12:55general wellness.

12:57And I will yield there because I knew my

12:59time was going to run out and that's why

13:00I have my daughters. Cambria, which is

13:02next on the list, she'll finish my

13:03speech.

13:10>> I'm sorry. I don't have

13:13>> Cambria?

13:17She's under my name.

13:19>> I do not have a paper

13:21for her to speak. She's welcome to speak

13:23and we have a public hearing.

13:24>> Well, no, but where's the gentleman who

13:26had my papers? We signed the papers.

13:29So if he told me to throw them away, he

13:30was he misinformed us.

13:33Um, but I handed them to him and he tore

13:34them up and he told me that she didn't

13:36need to sign it, but I did fill them

13:37out.

13:39We were signed one under each other. So

13:41on the list that's outside,

13:42[clears throat]

13:42it's my name, then it's her name, then

13:44it's my daughter Alexandria.

13:46>> Mr. Chairman, we can go ahead and let

13:47her speak.

13:47>> Thank you. I appreciate that.

13:49>> Okay.

13:54>> Good evening, commissioners. My name is

13:55Cambria Miller. I am Natalie Miller's

13:57daughter and I am continuing her comment

14:00in opposition to zone case 3564. Your

14:03own code calls a batch plant a use that

14:05is, quote, generally deemed

14:07incompatible, end quote, which the

14:09district around it that is why your code

14:12holds it 600 ft from homes and limits it

14:15hours near our neighborhoods. And light

14:19industrial itself is defined as

14:22operations, quote, without the creation

14:24of smoke, gas, odor, dust, and soot

14:29or other noxious elements, end quote. A

14:31batch plant is dust, diesel, trucks, and

14:35noise.

14:36In 1959, the city's comprehensive plan

14:39says, quote, the proper environment for

14:42a home is a neighborhood free from the

14:44noxious odor, sounds, and sights of

14:46industries,

14:47end quote. That was Lubbock's own

14:49standard 66 years ago. East Lubbock has

14:52never once been given that standard.

14:54Thank you.

15:11>> Great evening, commissioners. My name is

15:13Alexandria. I am Natalie Miller's

15:16daughter, and I am finishing her comment

15:18in opposition to zone case 3564.

15:21You will hear that the industry is

15:23already out there. It is. It was put

15:26there on purpose. In 1923, this city

15:29passed an ordinance confining black

15:31families to one part of town. And every

15:35And every plan after it surrounded our

15:37community with industry. We have fought

15:39that placement for for decades. Hundreds

15:42of comments in the 2040 plan process, a

15:45fair housing complaint filed with HUD in

15:482019, and we were we are standing here

15:52again tonight.

15:53What is already there is the injury.

15:57It is not permission to make it

15:59permanent. This plant began operating

16:01this year on land zoned for homes

16:04before this case was ever approved. Do

16:06not reward that by making it permanent

16:07tonight.

16:08The future land use map says homes.

16:12The code says incompatible. The law says

16:14follow the plan. We ask you recommend

16:17denial of zone case 3564. Thank you.

16:21>> Thank you.

16:26Is that the last

16:28of the group there?

16:32[snorts and laughter] Well, I'm sorry I

16:34didn't have the list. I wanted to make

16:35sure before I moved on to the next one.

16:38Okay. Next up we have Leon Williams.

16:48>> Just walked in. Wow, perfect timing,

16:50huh?

16:51Good evening.

16:52Um

16:53I'm just straight out against AI data

16:56centers.

16:57I had an interesting conversation today.

16:59I'm on jury duty.

17:01And so I was sharing with uh other

17:03members in my jury family, I'm going to

17:06call them because we've gotten to be a

17:07family. We're right at the end of this

17:08trial.

17:10And um

17:11I was trying to get them to come to the

17:12meeting tonight.

17:14[clears throat]

17:15I don't just last glass around I don't

17:17see anybody made it. Not in the proposal

17:19that they would, but it brought up the

17:20conversation of AI data center. And we

17:22just got to bat it around. And generally

17:25speaking, most of the people there were

17:26anti data centers. And we got to talking

17:28about issues around it such as

17:31the evolution of the technology and how

17:36the data centers probably won't be good

17:37for maybe about anywhere from 5 to 10

17:39years.

17:40So here we are

17:42building these massive concrete

17:44structures.

17:46Uh what do we do

17:48in terms of repurposing?

17:51That's a serious question I think we

17:53need to consider. And then someone else

17:55brought up some information and I don't

17:56know how accurate it is, but they just

17:57threw it out there in terms of uh

18:01they're going to put them out in space

18:03and put

18:04solar panels on them

18:06um and have it take care of itself up in

18:08space. Well, you know who's going to

18:09lead the charge on that. I don't need to

18:11mention that person's name, right? We

18:13all know.

18:14So if the evolution of the technology is

18:17going to be that rapid to where they now

18:19we're not going to need them.

18:21What do we do with these massive

18:23concrete structures out

18:26out there?

18:27Um and I don't know that again we're

18:28thinking it through.

18:29We just think that uh

18:31um

18:33it's all good.

18:35It's going to be this economic boom and

18:37this economic boom as it turns out one

18:39of the persons on the jury

18:42brought it up and I hadn't connected

18:43that that's good.

18:44Farmers out there are hurting because of

18:46the drought we've been having for the

18:47last what seven years and they're

18:49anxious to sell.

18:51So they're doing it for self-serving

18:52purposes put some money in their pockets

18:54and I get that. They they're probably

18:56broke almost bankrupt from what's been

18:59happening especially now that we've had

19:01all these tariffs and stuff hurting

19:03them.

19:03Um

19:04and so again

19:06I think we really need to think about AI

19:09denizens period

19:11as opposed to just putting up

19:15guard rails. And so I just wanted to

19:17emphasize that. Thank you.

19:19>> Thank you very much.

19:22Next up is Aiden Summers.

19:33>> Aiden Summers 901 Flynn Avenue Lubbock,

19:35Texas 79604.

19:38Hello Lubbock City Council. My name is

19:39Aiden Summers and I am here with my

19:41fellow Senarian leaders Evelyn Sanders

19:43and Kimberly Museloy of the Texas Tech

19:45Honors College to represent the student

19:47opinion regarding data centers. Data

19:49centers cause sound pollution, light

19:51pollution and release chemicals and

19:52particulates that further the air

19:54pollution issue in Lubbock.

19:56Sound pollution from data centers is a

19:57rising concern among experts. The

19:59Environmental Energy Based Study

20:00Institute notes that data centers impact

20:02communities largely based on their size,

20:04time of day and proximity to residential

20:07areas. But data centers emit up to 70

20:09decibels within 400 ft which is well

20:12within the range for impacts on human

20:13health. According to the Center for

20:15Occupational and Environmental Health

20:17noise pollution has been linked to

20:18cardiovascular events like heart attack

20:20and strokes. In fact Harvard studied 1

20:23million people across five states and

20:25found a distinct link between

20:26cardiovascular disease and sound

20:28pollution. Furthermore, sound pollution

20:31is being linked more and more to mental

20:32health issues with new studies and

20:33research being performed right now. You,

20:36the city of Lubbock, have acknowledged

20:38the issues of sound pollution in Lubbock

20:40and create

20:41Sorry. Created legislation to protect

20:43the community. However, these

20:45protections would not be enough to

20:47protect against data centers. There is

20:48no limit on decibel levers levels, the

20:51way we measure sound, to protect the

20:52community from pollution. This is why we

20:55must ask you to create a 1,000 ft

20:57distance from residential areas that

20:59data centers must be in. It is obvious

21:01the data data centers create sound

21:03pollution that, if not managed

21:05correctly, will harm the public. You

21:07have already taken action with Article

21:0814 to begin protecting against sound

21:10pollution, so you have an understanding

21:12of the health issues we are trying to

21:13prevent. 1,000 [clears throat] ft is

21:15necessary to protect against data

21:17centers sound pollution. Now, beyond

21:19sound, data centers impose a relentless

21:2224 visual burden on the neighborhood

21:24surrounding them. Dr. Ilene Pavlinch of

21:26the Environmental Health Project reports

21:28that hyperscale facilities requires

21:29continuous high-intensity security

21:31lighting that disrupts human circadian

21:33rhythms by halting melatonin production,

21:35the crucial hormone governing our

21:37sleep-wake cycles. The National Park

21:39Service confirms that losing dark

21:41restorative nights triggers chronic

21:43insomnia, systematic stress, and

21:45long-term health decline, while

21:46intensive artificial glare blinds local

21:48wildlife and disrupts migration patterns

21:51for bats and birds. The city of Lubbock

21:53took an important step by codifying

21:55outdoor illumination standards in

21:58Division 3.6 of our United Development

22:00Code. These rules rely on

22:02commercial exceptions and modest

22:04shielding guidelines that were never

22:06designed to contain the massive

22:07collective skyglow of a multi-acre

22:09server campus. When an industrial

22:11facility turns the night sky into

22:13perpetual twilight, property lines alone

22:15cannot protect our residents' sleep,

22:17which is why the city must extend our

22:181,000 ft buffer requirement to all data

22:21center exterior lighting arrays

22:22alongside a mandate for full cutoff

22:24downward-directed fixtures. Thank you

22:26for your time.

22:28While you have already begun the process

22:29to protect us from data centers

22:30pollution effects, it is not quite

22:32enough yet. I hope that my evidence has

22:34been compelling

22:35in showing you you need to create a

22:371,000 ft limit between data centers and

22:39residential areas. We at Save Lubbock

22:41and the Senarian leaders, thank you for

22:43your time.

22:44Thank you.

22:44>> Thank you.

22:46Next up is Jordan Cratic.

22:53>> Hello. Thank you for being here today to

22:55hear us. Not that you have much of a

22:57choice, but we appreciate it and we hope

23:00that you're listening with open ears.

23:03Um my name is Jordan Cratic and I reside

23:05in Quincy Park. Um I'm here to

23:09speak on item 4.1.

23:12Um I oppose data centers being built

23:14anywhere in Lubbock.

23:16Um it doesn't matter where it's built.

23:18We know that you will likely focus or

23:20the city will likely focus on the north

23:23and east sides of town.

23:25And I'm here to speak on behalf of them

23:26as well. Um

23:29so collectively Save Lubbock asks that

23:31you change the minimum distance to at

23:33least 1,000 ft from property lines.

23:36Uh that you require that our drinking

23:38water not be used for these facilities

23:41and that the developer pays for all

23:43costs associated with grid updates.

23:47Um individually I ask that light

23:49restrictions be implemented so that

23:51surrounding residents aren't disrupted

23:55throughout the night. I've heard

23:56many people complain about this where

23:58that are from places that have built

24:00data centers and that's something that

24:02they've struggled with is uh they

24:04complain about the lights being on all

24:06the time.

24:07Um

24:08something else I would like you to

24:10clarify is how do you plan to monitor

24:12and enforce these requirements?

24:15Um

24:16I suggest that we should place heavy

24:18fines on any large scale facilities that

24:20break the rules. Um

24:22and also you should make it easily

24:25easy and accessible for residents to

24:27report any complaints that they have on

24:29these facilities.

24:31Um, and also I would ask that you make

24:34it make sense to the average person what

24:3657 decibels is, a constant 57 decibels.

24:40Um, that's, you know, a

24:43between a refrigerator sound running all

24:45day and um a business office which I

24:48don't really know how to

24:50how we just would like you to make it

24:53make sense to the average person. What

24:54is 57 decibels constantly going to sound

24:57like throughout the day for them? So

24:59um we appreciate your time and we hope

25:01that you take everything into

25:03consideration. Thank you.

25:05>> Thank you for your comments, Ms. Crutch.

25:07Next up we have Elise Brown.

25:17>> Good evening. My name is Elise Brown. I

25:19live at 5211 43rd Street here in Lubbock

25:23and I'm here to speak a little bit in my

25:26time limit about data centers as you

25:29know because this is our public hearing

25:30and I'm so grateful for you for allowing

25:32this public hearing at this time.

25:35Um, I see that you've been working on

25:37some regulations. I'm happy about that.

25:39I just would like to

25:42assure that you're very transparent in

25:44those regulations that you come up with

25:46and allow us to know exactly what's

25:49going on before those are put into

25:50effect.

25:51I am glad that he spoke about the 1,000

25:54ft regulation because I saw something in

25:57writing about going from 500 ft to 300

26:01and that's absolutely not acceptable for

26:03me. I was not good with 500 so I'm

26:06hoping we can come to some agreement on

26:08the 1,000.

26:10Um, I also

26:12wanted to speak a little bit about

26:14decommissioning. I think that that's a

26:16very important thing that you need to

26:18address in the regulations because I

26:21think it's going to come to that. I do

26:23believe that this is a bubble. I don't

26:25know how long it will be here. I know

26:28that data centers can just pick up and

26:30leave when they're done, or if they're

26:32not performing like they want them to

26:34perform. So, I want to know what's going

26:35to happen with those data centers once

26:38they pick up and leave. I would like to

26:40make sure there's some type of surety

26:42bond I don't know if that's the right

26:43word a bond, period, that will that they

26:46are responsible for that we initiate in

26:49the initial contract to make sure that

26:52we will be able to take care of anything

26:54they don't take care of.

26:56Not leave behind any debris. I would

26:58like to see it raised completely and go

27:00back to what it was like before,

27:03but I don't know if that'll be possible.

27:05[snorts] I just want to put it out there

27:07for people to consider, okay? If it the

27:10building can be repurposed some kind of

27:12way, then let us know. What will that

27:14look like in a windowless structure? But

27:17maybe we can come to some agreement on

27:19that, too. But again, I think the bond

27:21has to be in place, and I want to make

27:24sure that we are not left holding the

27:26bag for anybody else's cleanup and waste

27:29if

27:30unnecessarily. Okay, but if so, that

27:33we're able to do so. Thank you for your

27:35time.

27:37>> Thank you for your comments. Next up is

27:39Steven Sanders.

27:44>> [clears throat]

27:50>> Good evening.

27:52Uh Chairman Bill, thank you.

27:55Uh and members of the commission, thank

27:57you all for what you do. You guys know I

27:59appreciate you, but

28:01we're here to to handle business, so

28:03that's what that's what we're doing.

28:05Um thank you, Ms. Cage. It's good to see

28:08you here.

28:09Um you haven't been here some of the

28:10last few times we've seen you. Um

28:14my name is Steven Sanders, and I live at

28:163404 75th Street,

28:19Lubbock, Texas.

28:20Uh but my mother and everybody in my

28:23family lives in East Lubbock.

28:25And I'm con I'm deeply concerned. Let me

28:27be clear. I do not support large data

28:29centers in Lubbock. More than 3,900 of

28:32our neighbors signed a petition asking

28:34the city to pause. And the council has

28:36started a 90-day moratorium process uh

28:38with me. My commitment uh my comment

28:41tonight

28:43uh my comments tonight are not to

28:44support a data center. They are about

28:47who carries the risk if one ever comes

28:49here. Right now, our families, our

28:52water, and the ratepayers are carrying

28:55that burden, but it should be the

28:56developers.

28:58I thank the staff uh for the progress in

29:01the draft that they've brought forth uh

29:04weekday only generator uh generator

29:07testing, noise limits and cleanup plan,

29:09and the new hearing for any growth over

29:1210%.

29:13Keep every one of those. Those are good.

29:16But this draft still leaves our

29:17neighborhoods exposed in three ways.

29:19First, distance. In September, the

29:22building setback was 500. Tonight it's

29:24300. And only when the site borders

29:27something other than industrial land,

29:29that's moving in the wrong direction.

29:31I asked I asked for 1,000 ft from any

29:34home, school, church, or park, just like

29:37Ms. Natalie Miller said. Measured from

29:39the property line, measured from the

29:41property line.

29:43That's important.

29:45Use the same distance from the buildings

29:47and and the power equipment as well with

29:49no exception for industrial neighbors

29:52because industrial leads

29:55industrial land can be rezoned to

29:57tomorrow. I'd ask that you would think

29:58about it if it if it were your home. I

30:01don't think any of you live in East

30:03Lubbock, but if you did and a data

30:05center was put that close to your home,

30:08would you allow 300 ft or would you want

30:101,000? If you couldn't stop it, what

30:13would you want? Just think about just

30:15just think about what you would want.

30:17Um [clears throat]

30:18second, water.

30:20Um

30:22we live in the Cap Rock. We can't afford

30:23to have water um and you guys have to

30:26definitely uh require the closed loop

30:29system, the zero water cooling, set a

30:32real non-refundable water reservation

30:34fee. Set it now. Don't wait because I

30:37see that that's on the deal. You got to

30:38set that fee now. A fee with no number

30:41is no protection to the to the level the

30:43city the city of Lubbock citizens. And

30:46the third thing is the power and

30:47accountability. Don't let our

30:49protections depend on the state number

30:51that Austin can

30:53change without one with with one vote.

30:56Write a threshold of 25 MW into our

30:59code.

31:00Make that bond make the bond 125%

31:04of the true cost. Noise monitoring, post

31:07it online for public and hearing on on

31:10revoking those permits after repeated

31:12violations. Thank you for your time.

31:15>> Thank you, Mr. Sanders.

31:18Next up is Morgan Paulson.

31:28>> Good evening, commissioners. Uh first, I

31:30want to thank y'all for

31:32the time and thought you've already put

31:33into the task at hand, which was not

31:35something that you asked to be to work

31:38on.

31:39Um I've watched your previous meetings

31:41and recognize how difficult it is to

31:43develop regulations for an industry

31:45that's relatively new and constantly

31:47changing.

31:48I submitted some written comments, but

31:50tonight I really want to focus on one

31:52thing.

31:53Lubbock has an opportunity to learn from

31:54other communities' mistakes

31:57um

31:57before we make the same mistakes

31:59ourselves.

32:00There are cities that already have

32:01welcome data centers or other large

32:03power users as we y'all have talked

32:05about other facilities that might meet

32:07these kind of requirement needs.

32:09Um and then

32:11they've watched them begin operating and

32:12discovered issues that they hadn't

32:13anticipated when writing their

32:15regulations. We have the benefit of

32:17their hindsight.

32:19One example is noise. So the proposed

32:21ordinance establishes a 57 decibel noise

32:24limit and requires a sound study. Love

32:26it.

32:27But do we have a clearly defined

32:28procedure? And maybe that's been

32:29updated, but from what I'm reading

32:31online, I don't think it has

32:33um for how that noise will be measured.

32:35For example, are we specifying whether

32:37the 57 decibel limit

32:39is measured in dBA, DBC, or unweighted

32:42decibels.

32:43Those distinctions can make an enormous

32:45difference when it comes to measuring

32:47low frequency noise specifically.

32:49Um I know it had been brought up in the

32:50past that the 10 hertz was there and

32:52those there's some different

32:53measurements. I know none of us, I don't

32:55think, are acoustic engineers, so

32:57I just think that there's some more that

32:59we might want to talk about.

33:01[snorts] Uh will we require independent

33:02testing after construction once these

33:04things are actually operating? And do we

33:06have a process for verifying continued

33:08compliance over time?

33:10If those safeguards aren't already in

33:11place, I think we should establish them

33:13before making a recommendation to

33:14council because there's a big difference

33:16between what a study predicts will

33:18happen and what residents actually

33:19experience once a facility is operating.

33:22I'm going to skip a little.

33:23Uh so tonight I respectfully ask that

33:25you'd consider postponing your

33:26recommendation one more time and holding

33:28more one more public work session

33:31specifically to examine some of the

33:32problems other communities have

33:34encountered after their data centers

33:36began operating and whether our proposed

33:38regulations adequately address those

33:40issues.

33:41I think having that discussion openly

33:43with city staff, commissioners,

33:44technical experts where needed, and

33:46interested residents could be incredibly

33:47valuable.

33:48I'm not asking you to start over and I'm

33:50certainly not suggesting that we can

33:51anticipate every possible issue. Things

33:54will happen.

33:55There's already been a tremendous amount

33:57of hard work by city staff and this

33:59commission and I think the best way to

34:01honor that effort is to make sure we

34:02benefit from everyone else's hard

34:04lessons before sending those

34:05recommendations recommendations to

34:07council. And I know on September 10th

34:08Mr. Wade himself mentioned the fact that

34:11it's a lot to consider and that, you

34:12know, it's okay to take a little more

34:14time. I'm sure you're ready to be done

34:15before the holidays, but I think we can

34:17get it just hone it in a little bit more

34:18and I'd be happy to be part of that

34:20effort. Thank you very much.

34:23>> Thank you for your comments.

34:25Next up, Stephanie Smith.

34:38>> Thank you for having me here. Uh I live

34:40at 2825

34:42Street.

34:43Uh I'm in district two.

34:45I have interest

34:47and what I'dlike to speak on tonight is

34:494.1 the data centers.

34:51We've mentioned that before and I agree

34:53with what folks have already said.

34:57I have a very heavy science background

34:59and one of the things that

35:01you have to consider is if you're giving

35:05the data center or what you're planning

35:08for a data center,

35:09the land that the farmers are using

35:12right now to produce your food and

35:14they're using our water, then you have

35:17to look down the road a little farther

35:19as to whether that's a wise decision.

35:22I'm concerned because this proposal says

35:26that you are making a recommendations

35:30for

35:32amending the Unified Development Code by

35:35adopting regulations related to the

35:37large-scale data centers and power

35:40generation, transmission, and

35:41distribution.

35:43So what it's saying is it looks like

35:45you've already planned for that and

35:47we're already going to have data centers

35:49and what you want to do is put these

35:51recommendations in so that

35:54they will be acceptable to the citizens.

35:59Since we have already given you or given

36:02the city council the statement of the

36:04citizens of over 3,900 who said no, we

36:08do not want a data center,

36:11not even a small one.

36:13And going back to the same reasoning, it

36:17affects the animals, the animals, the

36:20I mean, we [clears throat] got to have

36:21them. We got to have the pollinators.

36:23You're you're just looking at literally

36:25a life cycle that you're interrupting

36:27and it's going to affect you eventually.

36:30I'm also concerned with

36:33[snorts]

36:34once the the data center is done, again

36:37a boom, and other places have already

36:39found out that there's more to it than

36:41just what they originally talked about.

36:44So that's a concern that we would have

36:46to deal with if you decide to go forward

36:48with this.

36:49Um,

36:51I have lived in Lubbock for 35 years

36:55now,

36:56and I've gone to to get to know the

36:59people, get to know the community, and I

37:02am concerned about it

37:04down the road. I've watched us have

37:07droughts. One year we had only 6.59

37:11inches of rain.

37:13It could happen again. You you can't be

37:15frivolous with our water and our land.

37:18And I would like you to consider that. I

37:20thank you for your time.

37:22Please think of it like it was your own,

37:26and it's going to be there for your

37:27grandkids. Thank you.

37:30>> Thank you for your comments.

37:33Last

37:35last one is John Macias.

37:38Correct me if I pronounced it wrong, and

37:40I apologize.

37:40>> Close enough. It's Macias.

37:42I'm John Macias. I live at 534 North

37:45Chicago Avenue, and I'm here to speak

37:47out. I am completely opposed to data

37:50centers for many reasons, and I'll speak

37:52a moment for that.

37:53Afterwards, I'll talk about some of the

37:55the regulations we have proposed. But

37:57yeah, I believe a few people already

37:59spoke out about it that there there's a

38:01big threat. I heard Jordan Rackler at a

38:03county commissioner court meeting one

38:05time compare the data center situation

38:08to some of the

38:10windmills out in west and west of here.

38:14And that the companies that brought them

38:16had no plan, and now they're just

38:19leaking oil on farmers' land, and

38:21there's not a cleanup. So I think

38:24especially in the current

38:26current moment in which these data

38:28centers have exploded, there's there's

38:29not a lot of good reasons to think them

38:32as a long-term investment that will be

38:33here forever. We don't have a lot of

38:36facts or empirical evidence that that's

38:38going to be the case. So I am in strong

38:40support of a

38:42big decommissioning a bond to be set.

38:46And then um,

38:47sorry, I should have wrote some of this

38:48down. But uh, looking at uh, looking at

38:51the the everything about it um, on the

38:54new plan, the 500 ft changing to 300 ft.

38:57I believe uh, for our community members,

39:00that's just not appropriate. We need at

39:01least 1,000 57 decibels is roughly a

39:05normal uh, human speaking voice. And to

39:08think of a constant hum in such a manner

39:10that would make life miserable and it

39:12would certainly present health problems

39:14for anybody around it.

39:16Um, we don't have the water.

39:19And then um,

39:22yeah, I think that's the main thing that

39:23we're we're asking here for is just

39:25stronger regulations that are proposed

39:28such as a decommission rate and 74

39:31we don't want the state 75 megawatts. We

39:34want 25 watts.

39:36And then a dollar amount on the water

39:39fee if they are to

39:41to break the deal.

39:43And I think that's all I got to say.

39:44Thank you.

39:46>> Thank thank you very much for your

39:48comments.

39:50Okay, that closes the sitting's

39:51comments. The next matter of business is

39:53the approval of the minutes for the

39:55October 20 October 1st, 2026 regular

39:58planning and zoning meeting. Do we have

40:00a motion?

40:00>> So moved.

40:02>> Second.

40:03>> We have a motion and second. All in

40:04favor say aye.

40:06>> Aye.

40:06>> All opposed, nay.

40:09Carries 6 to 0.

40:12The next up are the zone cases.

40:15When we call up your zone case, these

40:17steps will be followed. The chair will

40:18call the first case and will invite city

40:21staff to make the presentation on the

40:22case. The board may ask staff questions,

40:25but board comments and debate should not

40:27occur.

40:28The chair will open the public hearing

40:30on the case. The chair will call the

40:32applicant rep applicant [clears throat]

40:33or representative provide additional

40:35comments. The applicant will

40:38will need to clearly state their name

40:40and address for the record and briefly

40:41explain their case.

40:43After the applicant has spoken, the

40:45chair asks for anyone in opposition of

40:47the item to speak. Those speaking in

40:50should give their name and address and

40:51then speak to the board.

40:53The chair will then ask for anyone in

40:55favor of the item to speak. Those

40:57speaking in favor should also give their

40:58name and address and then speak to the

41:00board.

41:02After all public comments, the chair

41:03will close the public hearing. Once the

41:06public hearing is closed, we will not

41:07hear any further comments from the

41:09public.

41:10The first case we have up is zone case

41:12number 3564.

41:18>> [clears throat]

41:26>> Good evening, distinguished chairman and

41:27members of the board. My name is Shane

41:29Spencer and this is zone case 3564.

41:33The applicant is Frontier Land and

41:35Cattle Co. LLC and they're requesting a

41:37zone change from low-density

41:39single-family district SF-2 and

41:40auto-urban commercial AC to light

41:43industrial district LI on 72.3 acres and

41:48also requesting another zone change from

41:50SF-2 to LI with a specific use for a

41:53permanent batch plant on 12.6 acres.

41:57This subject property is located south

41:59of Erskin Street and east of Loop 289.

42:01We have sent out 95 notices and we've

42:04received back one in favor and now 10 in

42:06opposition.

42:08Seven of those just came in this

42:09afternoon and they are not reflected

42:11upon in in this map.

42:15Here is that notification map. Those

42:17opposed did not give any reasons as to

42:19why they were opposed.

42:23Here's the aerial map. There are homes

42:25to the southeast and east, vacant

42:27agricultural land to the north, a home

42:29to the northwest, and then homes of

42:32course across Loop 289 to the west.

42:36Here is the zoning map. Property to the

42:38north is zoned SF-2 and LI. There is

42:41further SF-2 to the east and southeast

42:44as well as auto-urban commercial

42:45district and heavy commercial district

42:47to the southeast.

42:49To the southwest is property zoned SF

42:50two and medium density residential MDR.

42:57Here's the future land use map. This map

42:59designates this property for both

43:00commercial and low density residential

43:03land uses.

43:07Here are photos of the subject and

43:09surrounding property.

43:14Here's also a diagram provided by the

43:15applicant. This shows the proposed

43:17setbacks of the specific use from

43:20residentially zoned and used property in

43:22accordance with the specific use

43:23guidelines.

43:29The future land use map designates this

43:31area for both commercial and low density

43:33residential land uses. And although this

43:35proposed zone change and specific use is

43:37not fully consistent with this

43:38designation, it would be appropriate

43:40considering the existing nearby zoning

43:43districts and land uses. Therefore, this

43:45request is in moderate conformance with

43:47the comprehensive plan principles.

43:50The proposed zone change and specific

43:52use is compatible with the surrounding

43:54area would not change the character of

43:55the existing development. The requested

43:58specific use meets the required 600 ft

44:01setback from civic or

44:03institutional uses or residentially

44:05zoned and used property. The property is

44:08suitable for the proposed zone change

44:09and specific use provided the additional

44:11regulations for a permanent batch plan

44:13are met.

44:16The subject property

44:18is located along Northeast Loop 289 and

44:20Idalou Road, which are designated as

44:22freeways,

44:23East Erskine Street, which is designated

44:25as a collector,

44:27North Mulberry Avenue and North Quaker

44:29Avenue, which are designated as local

44:31streets.

44:34Staff has no objection to this request

44:35right now, and I'd be pleased to answer

44:36any questions that you may have at this

44:38time.

44:40>> Any questions for staff at this time?

44:43Okay.

44:44We'll now open the public hearing. Is

44:46the applicant or his or her

44:48representative here and wish to speak?

44:51When you come forward, would you please

44:53state your name and address for the

44:54record?

44:59>> Good evening, Mr. Chairman, and members

45:01of the Commission. My name's Scott

45:02Collier. My address is 2202

45:06Avenue E here in Lubbock. I've also uh

45:09and and I am been asked to

45:12uh speak on behalf of the owner

45:15uh Frontier Land and Cattle.

45:18I've also asked uh Mike Oliver, who

45:20represents Weber

45:22LLC, to also join me as well.

45:27I think it's probably worth at least um

45:32giving you some uh background and some

45:35history as to how we got to today.

45:39So

45:40uh the family uh that owns this property

45:43uh has owned this since 2003.

45:47Uh the current operator on this site,

45:50the lessee is Weber LLC.

45:54They've been operating here for 15

45:56years.

45:59Uh the owner was approached in and

46:01around 2011 originally

46:04to lease the property to uh

46:08Jay Lee Milligan. Jay Lee Milligan is a

46:11highway contractor.

46:13And they uh asked to lease the property

46:16for the purpose

46:17of placing a asphalt batch plant, a

46:20temporary asphalt batch plant on the

46:22property. They had several TxDOT

46:25projects that they were going to

46:27perform. The reason that they approached

46:30this particular landowner is one of the

46:32main ones that they were working on at

46:34the time was the overlay

46:36of the Idalou Highway.

46:38It was good good accessibility.

46:42They completed those projects

46:45and uh they actually moved in the uh

46:48the asphalt plant in 2013 and they

46:51maintained those stockpiles

46:54uh through 2013, completed those

46:57projects

46:59and disassembled and moved the plant

47:00away.

47:02They continued to maintain the lease

47:04during this period of time.

47:06In 2017,

47:08they came back, uh, had some additional

47:11TxDOT projects, erected an a

47:14a separate and new

47:17uh asphalt batch plant onto the property

47:22and they completed some additional

47:25uh

47:26TxDOT projects,

47:28uh, continuing to lease the property

47:31from the landowner.

47:34That uh

47:36project was completed

47:39and they disassembled and and removed

47:41that asphalt batch plant from the

47:43property.

47:452026 comes along. Webber LLC, who does a

47:49lot of work in and around our area,

47:51reached out

47:53to Jaylee Milligan and asked if they

47:56could utilize that site and they said,

47:59well, we're pretty well done.

48:01You're welcome to take our lease over,

48:04which Webber did.

48:07Webber took the lease over

48:08and then they uh moved in a batch plant.

48:12They have a couple of projects, TxDOT

48:14projects that they're working on

48:17here in in in and around the Lubbock

48:19area.

48:22Webber moved the plant in

48:24in March of 2026.

48:27Uh

48:28they uh um

48:31a they ex um

48:33assumed Milligan's lease in April of

48:362026.

48:38They applied for a TCEQ air quality

48:41standard permit for hot mix plants in

48:44April of 2026.

48:47They also applied for a TCEQ air quality

48:50standard permit

48:52for hot hot mix plants.

48:54In Excuse me. That Texas uh

48:58uh uh

48:59quality standard permit was approved,

49:02excuse me, in May of 2026.

49:07In in around the late August, first of

49:10September, Weber was notified by the

49:13codes department, city's codes

49:14department, that they were they had

49:16erected a batch plant out of compliance.

49:21The batch plant has not operated at all.

49:24They stopped. They complied.

49:26Uh

49:28we reached out to the codes department

49:30and asked what the issue was.

49:33We don't have the appropriate zoning.

49:36Ever since uh

49:39the property was annexed into the city

49:42in 1954, it's been residential zoning.

49:46Uh

49:47they have utilized the site as a batch

49:49plant since 2012 effectively three

49:53different times. This will be the third

49:54time.

49:57Unbeknownst to the owner or to any of

49:59the operators that we were not in

50:02compliance with zoning.

50:05As a result of us being notified by

50:07codes that this was not in compliance,

50:09we reached out to the planning

50:10department and asked what is the

50:13appropriate

50:14pathway for us to become compliant.

50:18And they recommended requesting a zone

50:21change to light and uh

50:25light industrial which where we where we

50:27are here today.

50:29In addition to that, we are requesting

50:32a um

50:33specific use

50:35uh for the batch plant.

50:39And that's what our recommendation would

50:41be.

50:42Um this has been

50:45this this has been in operation

50:47consistently

50:48uh

50:50as a stockpiled batch plant site since

50:532012.

50:56Uh it is an asphalt plant. It has been

50:58removed two other times and a third one

51:01is now erected on site.

51:05Um

51:06the the property has never been um

51:09there's never been a building permit

51:11requested for the property. There has

51:12not been any

51:14uh requirements from a a city

51:17perspective that we were uh

51:19made or the operator or the owner was

51:23ever made aware of

51:25uh to request for any kind of

51:26permitting.

51:31With that, I thought I would at least

51:33let Mike Oliver uh give you a a little

51:36further detail in the operation of the

51:38plant and how uh we we got to today as

51:42well. Mike.

51:43>> Thank you.

51:45Thank you very much

51:47uh commissioners for allowing us to to

51:50present some information to you here

51:52tonight.

51:53Uh

51:54the the map that's on the on the board

51:57now is uh

51:58is uh

52:00the property the the yellow area is

52:04uh

52:05is the uh the least area.

52:09Um

52:10and our our asphalt batch plant sits

52:14within that and and meets the the

52:17setback requirements.

52:20[sighs]

52:21We um

52:23we we came came to this as as Scott said

52:28we we checked

52:30um

52:36we we uh did our due diligence uh

52:40uh

52:41[clears throat] we thought we did our

52:42due diligence by checking the with the

52:46Lubbock Central Appraisal District and

52:48and looking at the

52:50the uh the classification of this

52:52property

52:53uh

52:54there which does listed as uh

52:58light as uh

53:00light industrial or industrial.

53:03Um Um and so we we made that assumption

53:06uh was was not a correct assumption on

53:08our our part. We recognize that and so

53:11they're therefore we're here today to uh

53:15to

53:16rectify that.

53:18If uh if you look at the map that's up

53:20there right now the the red area uh has

53:24been depict [clears throat]

53:25been depicted as uh the uh special use

53:29area.

53:31Our asphalt plant sits within

53:34that red zone. We have the uh the the

53:38clearances to the property line

53:41to the property lines uh in all

53:43directions.

53:45The uh our as Scott mentioned we we do

53:49have a a TCEQ standard air permit that

53:53is in place

53:55has been approved.

53:57It is a standard uh

53:59permit what they call a standard permit

54:02uh which allows

54:04for the erection of the plant from from

54:08a TCEQ standpoint uh the erection of of

54:11the plant and the operating of that

54:13plant. That that uh permit does restrict

54:18uh

54:19restrict our operations to

54:21an hour before

54:23uh dawn and an hour after dusk. We

54:26understand the the restrictions on the

54:29special use permit as being from 8:00

54:32a.m. to 8:00 p.m. and we're we're more

54:35than more than happy to to uh abide in

54:39that

54:40that area in that time frame excuse me.

54:45I I would I would like to like to point

54:48out just a a couple of things uh

54:52uh about this this map. If you if you

54:55look uh

54:56look to the lower lower right hand side

54:59you see a a line that that is a depicts

55:02a roadway that goes out to the Atalu

55:05Highway.

55:07That is currently a dirt

55:10road, path, whatever you want to call

55:12it.

55:13Uh

55:14we we are

55:16uh intending to asphalt pave that road

55:20uh on a temporary basis on a temporary

55:23basis for for whenever for as long as we

55:26we are there. So that that is uh

55:30that will be the exit point on for our

55:33trucks.

55:34Uh and so therefore we will we will uh

55:40control the dust from those trucks by

55:43having them on an asphalt paved road.

55:46We'll also control any track out

55:50mud tracked out onto the to the frontage

55:52road of the Atalu uh Highway because

55:55they they will not be coming off of a

55:57dirt road.

55:58We are also we have a a an entrance

56:01point on our on this property

56:04uh off of the Loop 289 frontage road

56:09that uh will also also be paved. It's a

56:13shorter

56:14uh shorter roadway, more like a a

56:16driveway coming coming in.

56:19Uh

56:22[snorts]

56:24so our our standard TCEQ permits the

56:29permit that is in place we're actually

56:31applying for two

56:34permits from the from the uh TCEQ. The

56:37first one being a standard

56:39uh standard air quality permit and that

56:42permit has been approved by the TCEQ as

56:45I stated earlier and and it does conform

56:49under the Texas uh Clean Air Act.

56:53Excuse [clears throat] me.

56:55We we also will be uh are in the process

56:59of applying for

57:01uh an NSR uh

57:05permit from Texas from TCEQ

57:08uh uh is a more extensive permit. That

57:11permit is is currently in process and

57:14uh and nearing completion.

57:17The reason that we that we uh decided to

57:21to apply for both of those permits

57:24was uh was

57:27very simple.

57:29This plant is brand new.

57:32Uh

57:33it was moved to this site from the CMI

57:37factory in in Iowa at uh

57:40uh

57:41so it it is it is brand new.

57:44And by by uh

57:47applying for the NSR permit

57:50um

57:51that allows us to to easily

57:55move this plant to a different location.

57:58And that is our plan.

58:00Th- this is this per- this uh plan is

58:03not intended to to uh be there on a

58:07permanent basis.

58:09Uh much like the J. Lee Milligan plant

58:13we will use it for the for the projects

58:15uh that we have when we need to move it

58:17to another another area across the state

58:21uh

58:22or or wherever that may be. The NSR

58:24permit allows us to more easily permit

58:28the the other location.

58:31Um

58:33the permit the permit does require um

58:37sampling

58:38uh

58:39air quality sampling after the after the

58:41plant is started and to make sure that

58:44we

58:45uh

58:46that we meet the requirements of that

58:48permit.

58:50[snorts]

58:52The permit also requires us uh

58:55to to have an air pollution emission

58:57capture and abatement equipment

59:00which we which we have. It's a closed

59:03loop system. It's uh it's called a

59:06baghouse. Uh it's a

59:09rather large

59:11uh a of equipment that is to the to the

59:13plant that all of the air circulates

59:16through, filters through,

59:18uh and and then any any dust or

59:24is then

59:25returned to the to the plant, to the the

59:29drum

59:30and and reused. So it it never

59:33the the dust particles

59:36don't leave the plant. It's a it's a

59:38closed loop.

59:39There is there is an exhaust in that in

59:42that baghouse that will exhaust

59:46some the the

59:49the the burning the gases produced

59:53by burning the fuel in the plant.

1:00:01Our TCEQ permit

1:00:03requires

1:00:05certain

1:00:07distance and setbacks from the property

1:00:10line and from any other property line or

1:00:13the adjacent property lines such as

1:00:16across the

1:00:19the Loop 289 to the to the other

1:00:22other property lines on that and TCEQ

1:00:25has determined that we that we meet

1:00:28those setback requirements.

1:00:33[clears throat] In addition to the

1:00:35baghouse, our dust control

1:00:38methods

1:00:40with this plant

1:00:42will will be

1:00:44watering

1:00:46the the

1:00:48the area around the plant with a water

1:00:50truck to

1:00:52to control dust that is generated by by

1:00:55traffic,

1:00:57by trucks, by loaders, that kind of

1:00:59stuff.

1:01:01And of course, as I mentioned, we will

1:01:03be paving those entrances

1:01:07to to mitigate that dust.

1:01:13[clears throat] Some of the some of the

1:01:14other things one or two of the other

1:01:16things that we have actually done on

1:01:18this plant to help mitigate uh dust is

1:01:24we have we have some open belt conveyors

1:01:28that that take uh

1:01:30take the the aggregates from from the

1:01:34uh

1:01:36from the coal feed bins where there's

1:01:39they're stored and they're going into

1:01:40the to the plant.

1:01:42We have uh

1:01:44we have placed uh

1:01:46half circled covers over most of those

1:01:50those belts. Not all of them can be

1:01:52covered,

1:01:53but all of them that that can be covered

1:01:55have been covered and that that uh

1:01:58uh allows us to control any if if the

1:02:02wind is blowing, it's not blowing across

1:02:05those belts so that it picks up

1:02:07uh any fine particles and and blows them

1:02:10off. So we we and that is not required

1:02:13by the by the by the TCEQ permit

1:02:17uh and of course uh

1:02:19the the watering and and the paving of

1:02:22the roads.

1:02:24This uh this plant, like I said, is

1:02:27brand new.

1:02:28Uh

1:02:29first time it's ever been put together.

1:02:32Uh

1:02:33and so it is it is a state-of-the-art

1:02:37uh piece of equipment.

1:02:39Uh

1:02:40and and and is very is very efficient

1:02:44in controlling

1:02:46uh

1:02:47any any dust that may fly.

1:02:50One thing I'd like to like to say uh in

1:02:53relation to this, this is not a concrete

1:02:55batch plant.

1:02:57Uh

1:02:59it

1:03:00as we probably all have seen batch

1:03:03plants around around the

1:03:05country and around the city.

1:03:08Uh

1:03:08they can they can be very dusty. Our

1:03:11company has 14 or 15 concrete batch

1:03:14plants

1:03:15and so we we

1:03:17that.

1:03:20An asphalt plant is is a a thermal

1:03:23process. We heat the rock and we and we

1:03:26heat the asphalt and we combine them.

1:03:29And so the the aggregates are are

1:03:32different than they are on a on a

1:03:35concrete batch plant.

1:03:36Uh

1:03:37there's there's not uh large scale silos

1:03:41where where cement and fly ash and

1:03:46things like that

1:03:47uh will be used uh because that's not

1:03:50the process we use.

1:03:52And so the heat uh the heat from the

1:03:56from the drum

1:03:58does produce some emissions that are

1:04:01controlled by the baghouse

1:04:04and regulated under the TCEQ permit.

1:04:07So it it's not it's not that we will

1:04:10will have big clouds of dust uh

1:04:13flying.

1:04:15There there will be you will see some uh

1:04:18some what appears to be emissions as we

1:04:22start that plant up in the mornings.

1:04:25And particularly this time of year where

1:04:26we have cooler temperatures in the

1:04:28morning ambient temperatures in the

1:04:30morning

1:04:31uh higher humidities

1:04:33uh and we've got uh

1:04:35325 to 350°

1:04:38temperatures in that in that drum.

1:04:42Uh and what that's what that emission is

1:04:46is primarily

1:04:48uh condensate from drying the aggregate

1:04:51and blowing it through that through that

1:04:54uh

1:04:54uh baghouse and and taking it taking it

1:04:59out. So it's it's not it's not a cloud

1:05:02of dust.

1:05:03It is a cloud it it is condensate.

1:05:08Uh and that that uh typically calms down

1:05:12as we

1:05:14uh

1:05:15as we get the plant fired up and heated

1:05:17up to to proper temperatures uh

1:05:20usually 10 to 15 minutes as we start to

1:05:23plant up and you could see some some of

1:05:26that same condensate

1:05:29[clears throat] as we shut the plant

1:05:30down.

1:05:32Uh other than that

1:05:34it's it's it's a very clean process.

1:05:43And by the way we I have Miss Hannah

1:05:47Olanovich sitting back here with us who

1:05:49is

1:05:50uh who is our Weber's

1:05:53uh environmental uh manager.

1:05:56Uh she is responsible for all of these

1:05:59permits and and making sure that we

1:06:02remain in compliance.

1:06:04Uh if you have any questions pertaining

1:06:08to the uh the permits or the process or

1:06:12or or what is

1:06:14what what you can expect to see coming

1:06:17out of the plant Hannah would be more

1:06:18than happy to come up and

1:06:20and she can she can put us all to sleep

1:06:23pretty quick

1:06:24getting into the technical parts of of

1:06:27all that but but she's also very good

1:06:29about not doing that. So if you have any

1:06:32questions Hannah will be happy to to

1:06:34come up.

1:06:37Our the the plant that we have uh

1:06:42the plant that we have out out there is

1:06:45is a new CMI 300 ton an hour plant.

1:06:49Uh

1:06:51it's rated at 300 tons an hour.

1:06:54Typically we'll probably run at a

1:06:56maximum of of about 275 tons an hour on

1:07:00a good day.

1:07:05Has a five bin cold feed aggregate

1:07:07system where we where we place the

1:07:10aggregates

1:07:11and so that it can be belted into the

1:07:14the conveyor.

1:07:16Um

1:07:18there there's typically not a lot of

1:07:20dust related with that. There be a

1:07:24little bit, uh, but not nothing that

1:07:27will blow past the property lines more

1:07:31than likely.

1:07:35Um, the dryer drum is a 40 ft long

1:07:40rotating drum that has has uh

1:07:44mixing capabilities in it. The aggregate

1:07:47comes in is is twisted and mixed, uh,

1:07:50and heated and dried.

1:07:53And at the end of that, uh, the liquid

1:07:56asphalt, uh, is is sprayed on it

1:08:01and you come out with uh

1:08:03with hot mixed asphalt and concrete that

1:08:06we build our roads and and parking lots

1:08:09and streets and everything else out of.

1:08:11So that that is all a closed loop,

1:08:14uh,

1:08:15with uh

1:08:16with a

1:08:18with the aggregate entering on one end

1:08:20and and hot mix coming out, uh, on the

1:08:23other end loaded into a truck and and

1:08:25hauled out.

1:08:28The baghouse dust collector is is what

1:08:31we were talking about earlier. It's a

1:08:33it's a very large piece of equipment uh

1:08:36uh that that actually has bags in it

1:08:39that captures any fugitive dust

1:08:43and conveys that back into the dryer

1:08:46drum

1:08:47uh through a

1:08:48through an enclosed auger system

1:08:51and expels the the

1:08:54uh the burnt fuel uh

1:08:56gases.

1:08:58[snorts]

1:08:59We have a lime silo on the plant.

1:09:02That lime silo will not be used uh on

1:09:05any of our projects. We're uh we're

1:09:08using a a liquid form of a and a

1:09:11stripping agent that uh that will take

1:09:14the place of the lime.

1:09:15When we bought the plant, we bought it

1:09:17just in case we needed it. The silo is

1:09:19there and it's been erected and

1:09:22and tied in, but but there there will

1:09:24not be any lime, which would have a

1:09:28tendency to to cause some dust if if it

1:09:31were ever used, but it it will not be

1:09:34used.

1:09:37The load out drag slat

1:09:40drag slat uh

1:09:42and conveyor drag slat conveyor

1:09:46uh and the load out system finishes out

1:09:48the plant

1:09:50uh

1:09:50that that is used to to take the 325°

1:09:55hot mix uh

1:09:57and loaded into belly dump trucks and

1:09:59hauled to the job.

1:10:02All of this equipment is is brand new

1:10:05uh

1:10:06and this will be the first first usage

1:10:09of that.

1:10:16This uh this is a a point that I made a

1:10:18while ago that that the aggregate uh

1:10:22belts are about 80% covered so that

1:10:24there's no no chance of of that material

1:10:27blowing.

1:10:28We we do that to control any dust, but

1:10:32it's primarily there so that so that

1:10:35when the wind blows across those those

1:10:38belts, if you are using a lime or or

1:10:41something like that has a tendency to to

1:10:43blow that. Uh so they're covered

1:10:47to control that.

1:10:49They're they're also covered from a

1:10:50safety standpoint cuz there there's uh

1:10:54there's possibility of of uh

1:10:56of one of our workers getting entangled

1:10:59in that, so we we made the decision to

1:11:01cover them

1:11:02uh even though we're not using the lime

1:11:05and they'll be ready for the next job if

1:11:07uh in another location if we do decide

1:11:10to use lime.

1:11:13[snorts]

1:11:15The asphalt tanks uh

1:11:17are storage tanks for the liquid the

1:11:19liquid asphalt. Uh they are completely

1:11:23closed system.

1:11:25They're double lined tanks. They're

1:11:27large tanks, but

1:11:29they're double lined and they're they're

1:11:31connected directly to the asphalt pump

1:11:34uh on the on the conveyor on the the

1:11:39uh

1:11:40drum.

1:11:44Uh as I mentioned earlier, we we

1:11:47understand the restrictions on the time

1:11:49limits and we uh we fully intend to to

1:11:53abide by that.

1:11:56There are no permanent buildings

1:11:59being placed out there.

1:12:01We have two con uh two C containers or

1:12:04Conex boxes as we call them that we've

1:12:07finished out uh to be used as uh labs

1:12:12uh so that we can check the material,

1:12:14make sure that it's correct, but they

1:12:16are

1:12:17they are Conex boxes that will be loaded

1:12:19up when the plant leaves onto flatbed

1:12:22truck and hauled off with the plant and

1:12:24used in another location.

1:12:30There will

1:12:31at at a peak time if we're running uh

1:12:34running 10-hour

1:12:36uh days, uh you know, we are looking at

1:12:39probably 90

1:12:41uh trucks a day that will be entering

1:12:43and leaving the plant. That would That

1:12:45will not be a

1:12:46an every everyday occurrence,

1:12:50uh but

1:12:51on the maximum days when we're doing

1:12:53maximum production, there could be that

1:12:55many trucks.

1:12:57And they they will

1:12:59uh they will be entering and leaving on

1:13:03TxDOT uh roadways.

1:13:06We we are not uh since we're not running

1:13:09at night, we're not planning on any

1:13:12additional lighting out there, so there

1:13:14won't be any light pollution

1:13:16uh that will affect uh the

1:13:18neighborhoods.

1:13:24We can uh we can only operate uh by by

1:13:27TxDOT specification.

1:13:30Uh we can only lay mix when the ambient

1:13:32temperature is 40 degrees and and

1:13:34rising.

1:13:35Uh so that during the during the winter

1:13:38time that kind of limits us and we

1:13:39understand that

1:13:41and we'll abide by that.

1:13:43Um

1:13:44so did say

1:13:46thank you there but

1:13:49one of one of the other things that that

1:13:51I would like to speak about for just a

1:13:53few minutes if I if I could if y'all

1:13:55would would be happy to to bear with me

1:13:58or if you'll bear with me and not be

1:14:00happy I I guess but if you'll bear with

1:14:03me

1:14:04we um

1:14:06Weber LLC is is a large company

1:14:10but we in all of the areas that we

1:14:13operate in and we operate across the

1:14:15state of Texas and on the East Coast

1:14:18uh

1:14:19one of our one of our goals is to be a

1:14:22good neighbor.

1:14:24We we want to we want to be a part of

1:14:26the of the uh

1:14:28the communities that we work in.

1:14:31And so

1:14:33uh in in a in in trying to do that we we

1:14:37did send out and I'd like to

1:14:40hand you these letters

1:14:42if we could.

1:14:45Uh we we did we did send out

1:14:4860 or 70 of these letters to the to the

1:14:51residents saying here's who we are

1:14:55here's what we're going to do

1:14:58uh if you and and certainly be open to

1:15:02to any communication uh that they might

1:15:04have any questions that they might might

1:15:07have.

1:15:08I I

1:15:10didn't tell you this early on and I

1:15:12apologize I've I've been doing this for

1:15:1440 four years this is the first time

1:15:16I've ever ever ever done this part of

1:15:19it. So I'm I'm a little nervous maybe

1:15:22but I live at at

1:15:25uh 27

1:15:2757 excuse me 5701 Geneva Avenue here in

1:15:30Lubbock.

1:15:32I have my wife and have lived at

1:15:36lived at that address for 30 plus years.

1:15:40Um

1:15:41this is my community.

1:15:43I work for a large corporation.

1:15:46It is true.

1:15:48Uh

1:15:49but this is my community. My my

1:15:52my grandparents moved to Terry County in

1:15:551921.

1:15:57And so there's been Olivers around for a

1:15:59long time.

1:16:00Uh but but with that it is important for

1:16:03me personally and for our company also

1:16:08to to understand that that we're in

1:16:10we're in

1:16:12uh

1:16:12working in in neighborhoods

1:16:15uh where we're operating in in areas

1:16:18that are that are close to

1:16:20neighborhoods.

1:16:22And and we take that very

1:16:24uh very seriously.

1:16:27Uh

1:16:28and and we we have great support. I

1:16:31think

1:16:32Hannah being being here with to answer

1:16:35any questions is kind of a

1:16:37a testament to that.

1:16:39Uh

1:16:40we want you to know what we're doing.

1:16:42We want you to to know that we're we're

1:16:44doing everything that we can possibly do

1:16:47to to to control the the our processes

1:16:53uh

1:16:54because we we also have children

1:16:57and grandchildren.

1:16:59Um

1:17:00and we also have have families and

1:17:03friends that that are in the community.

1:17:06So we take that very seriously.

1:17:09Uh and we are

1:17:11we are

1:17:13certain

1:17:14that what we're doing out there

1:17:16uh

1:17:17will not negatively impact

1:17:20the the community.

1:17:23Um

1:17:24we feel like that that we we are

1:17:27here to improve the community.

1:17:31The two projects that we are currently

1:17:33working on with TexDot, the first one is

1:17:36is uh US 87 and and FM 41.

1:17:40Uh that's a a project that's kind of

1:17:44outside of the city limits, but within

1:17:46Lubbock County

1:17:47headed towards Tahoka.

1:17:50Uh that's a a project that that had some

1:17:52difficulties three or four years ago uh

1:17:56and the the the contractor that was

1:17:59working out there

1:18:00uh defaulted.

1:18:03There's a lot of lot of reasons for that

1:18:05that we

1:18:06that I don't know and that we don't need

1:18:07to get into probably here.

1:18:09Uh but we are working on that project.

1:18:12Uh

1:18:13that that project

1:18:15was

1:18:17was difficult from the beginning because

1:18:19it it did have a a big uh detour and

1:18:23people in that part of the county had to

1:18:25put up with a with a large detour for

1:18:28for quite some time.

1:18:31Uh I'm happy to report that uh

1:18:34that the the bridge deck was poured uh

1:18:37Tuesday morning.

1:18:38Uh so the the project is moving along

1:18:41quickly.

1:18:42This this plant will support that

1:18:45project.

1:18:47The other project that we've got going

1:18:49right now is actually about three and a

1:18:50half miles from this location.

1:18:53It is uh

1:18:55if you look look on TxDOT's maps, it's

1:18:58FM 835.

1:19:00To those of us that have been here for a

1:19:02while, it's East 50th Street

1:19:05or Buffalo Springs

1:19:07Road.

1:19:08There's a bridge out there that that is

1:19:11uh

1:19:11uh

1:19:12decaying.

1:19:14Has been there since the early '60s.

1:19:17Uh has used has spent its uh lifespan.

1:19:21Uh we are replacing that. It's over the

1:19:24the Brazos

1:19:26uh River. We are protecting the

1:19:28waterway.

1:19:29Uh

1:19:30TxDOT's requiring us to, but we would do

1:19:33it anyway.

1:19:34This this plant will also uh provide

1:19:37material for that project.

1:19:42We

1:19:44we have we have been

1:19:47in the in the Lubbock area, West Texas

1:19:50area. My my responsibilities go go from

1:19:53Amarillo to Abilene.

1:19:56And I got a two and a half year old

1:19:58pickup that's got 108,000 miles on it,

1:20:01but

1:20:02but

1:20:03we we've been here.

1:20:06Our company has made a large commitment

1:20:08to to this part of the state,

1:20:11which is difficult to do sometimes

1:20:14because

1:20:16you know, we we can support smaller

1:20:19contractors from time to time,

1:20:22but but our our company is is committed

1:20:26to to to continuing hopefully to build

1:20:30the next section of of Loop 88.

1:20:36We got a we got to bid the project, but

1:20:38but this plant could could also

1:20:43be used on on that project.

1:20:46We've got a large project in Amarillo

1:20:48re- reconstructing 27 from Canyon to to

1:20:53Amarillo. This plant won't

1:20:55won't be used on that project, but

1:20:58but the company's commitment

1:21:01[snorts] to to the West Texas area is

1:21:03strong.

1:21:05So Scott,

1:21:07Terry, I think I've

1:21:09spoken way too long.

1:21:11>> I think

1:21:13we're glad to answer any questions you

1:21:14have up if you'd like some additional

1:21:18expertise as it relates to the zoning

1:21:20case, we've asked Terry Holman to to

1:21:23give a few brief comments as well.

1:21:26>> Thank you. I'll be very brief. I'm Terry

1:21:28Holman with Hugo Reed and Associates. I

1:21:30helped these gentlemen out on the front

1:21:32end kind of giving them a little bit of

1:21:33guidance on how to move forward with

1:21:35this zone case.

1:21:36I explained to them from day one they

1:21:38could do a far better job of presenting

1:21:40their case than I could. But I want to

1:21:42touch on a few things strictly from the

1:21:44zoning palette here that I think maybe

1:21:46wasn't made clear enough this evening.

1:21:49Um, let's get back to

1:21:52go back in time.

1:21:55This won't take but half a minute.

1:21:59The computer is not as There we go.

1:22:02Um,

1:22:03I want to explain There's two important

1:22:05words that you've heard here tonight,

1:22:06temporary and permanent.

1:22:09And I want to explain the distinction on

1:22:11that and what the differences are. In

1:22:14the world that the paving contractor

1:22:15operates in, in their world it is

1:22:18definitely a temporary asphalt plant.

1:22:21Um, temporary for them may be 6 months,

1:22:23it may be 4 5 6 years. We don't know,

1:22:26they don't know. It depends on how

1:22:28they're But it is it is a mobile

1:22:30facility. So it's not a thing that from

1:22:33a construction standpoint is really

1:22:35intended to be permanent. So from from a

1:22:37paving standpoint it is temporary.

1:22:40But it has to be called permanent in

1:22:42this application and in your zoning code

1:22:44because the way permanent is defined in

1:22:46the zoning code or more importantly in

1:22:47the way temporary is defined in the

1:22:49zoning code. A temporary batch plant is

1:22:52defined as that which is can basically

1:22:54go anywhere,

1:22:56um, but is within 1 mi of a construction

1:22:58site and is for a construction site that

1:23:01is within the city limits.

1:23:02Well, we get we're we can't meet that

1:23:05criteria. So even though in some

1:23:08respects it is a temporary batch plant,

1:23:11that is why in this zoning context it's

1:23:13called permanent because we simply can't

1:23:15meet the code definition of temporary.

1:23:17And I wanted to make that clear as to

1:23:19why you're here in those two different

1:23:20words tonight.

1:23:21Also wanted to talk about the size of

1:23:24the facility. On this graphic here the

1:23:26green outline is roughly the the shape

1:23:29of the current facility. The red outline

1:23:32We've In our discussions we've been

1:23:34talking about the donut and the donut

1:23:36hole.

1:23:37Uh, the red piece in the middle is our

1:23:40donut hole. That is the only area within

1:23:42the confines of this zone case that we

1:23:44would be allowed to do a a any type of

1:23:47batch plant. And so it is roughly the

1:23:49same size of property as is currently

1:23:52out there. It's just shifting about 300

1:23:55ft away from that residential on the

1:23:56other side of the loop. I wanted to make

1:23:58that clear. The other item is

1:24:01why are we getting so much industrial

1:24:03zoning out here? Well,

1:24:05the way the code is written

1:24:08if we were to just do the red thing and

1:24:12leave all the other zoning alone

1:24:15that creates that still creates a

1:24:16non-compliance from us for us with

1:24:19respect to zoning.

1:24:21A batch plant cannot be within 600 ft of

1:24:24any residentially zoned or used

1:24:26property. So thankfully we have enough

1:24:29property on our own to build our own

1:24:30buffer in so to speak.

1:24:33And so that's why you see us set in from

1:24:35the property boundary 600 ft or from the

1:24:37opposite side of the loop in the case of

1:24:39the residential over there.

1:24:41We had to create our own thing that is

1:24:44not residential zoning. So that's that

1:24:47larger area of industrial is only a

1:24:49byproduct of the batch plant that we

1:24:52want to have in the donut hole. So we've

1:24:54got the donut which is the

1:24:55non-residential zoning and we've got the

1:24:57donut hole which is just the batch

1:24:59plant. So I want to make sure everybody

1:25:00was kind of clear on that.

1:25:03One thing I also wanted to touch on Mr.

1:25:06Oliver mentioned that he intends to pave

1:25:08that road that connects over to

1:25:11Idyl Wild Highway.

1:25:13I know that you folks that have been on

1:25:15these commissions before you hear the

1:25:16word intend and want to and all those

1:25:18kinds of things quite often. I don't

1:25:20know that I heard him say but his permit

1:25:22requires him to do that. So I wanted to

1:25:25shore that up a little bit

1:25:27that that's that's not just him being a

1:25:29good neighbor. He's he's going to be a

1:25:31good neighbor but that's also a

1:25:33requirement of his TCUQ permit. Without

1:25:35I'll leave you alone and I appreciate

1:25:37your time. Thank you.

1:25:38>> Thank you Mr. Holman.

1:25:40Is there anyone here wishing to speak in

1:25:42opposition to this request?

1:25:46Again Councilman Harris if you please

1:25:47state your name and address for the

1:25:49record.

1:25:49>> [clears throat]

1:25:50>> Councilman Harris, 23 02 53rd Street,

1:25:55District two city councilman.

1:25:58As I stated earlier,

1:26:00the citizens do not want it.

1:26:03And they're showing you all these

1:26:05diagrams and numbers and trying to get

1:26:08y'all twisted up. I believe there was

1:26:10one part of that that's

1:26:12over 600 feet. It's like 615

1:26:15that where we had it measured.

1:26:18But anyway,

1:26:20I can say the citizens don't want it.

1:26:24And brought some to my attention with

1:26:27this Millican since 2012

1:26:31have been violating the law

1:26:34because it was not legal for them to be

1:26:36operating there.

1:26:38And they just now say they found out

1:26:40that it was not

1:26:42[cough] zoned [clears throat] to do

1:26:43that.

1:26:44So there needs to be some penalties and

1:26:47some fine excess, I mean, put on these

1:26:52companies because they made it

1:26:55us aware

1:26:57that they're in violation and been in

1:27:00violation since 2012.

1:27:03And that's

1:27:04and also

1:27:06we got some people here that's in the

1:27:07neighborhood.

1:27:09Like I say, they don't want it

1:27:11that feel that leader

1:27:13has taken north and east Lubbock

1:27:16for decades

1:27:17and been doing what they wanted to do

1:27:19with it.

1:27:20But it's timeout for that.

1:27:22You know, it's timeout.

1:27:25So and we even got a few people here

1:27:27that I know personally are NAACP

1:27:29members.

1:27:30And when I say it's timeout, it's

1:27:32timeout.

1:27:34So not trying to put a threat on anybody

1:27:38about anybody suing anybody anything,

1:27:40but just let you know there are people

1:27:42out there

1:27:44that has says that have

1:27:47have some say so

1:27:49and can go further than just this

1:27:52commission as far as getting some done

1:27:54in our community and stopping Leda from

1:27:57continuing to do what they've been doing

1:27:59since 2012.

1:28:02Because like I say, they're not in

1:28:04they're not in ordinance. I mean, you

1:28:05know. So, but anyway,

1:28:08oh, let me uh

1:28:10catch my breath

1:28:11because you know, it's it's it's

1:28:13upsetting

1:28:14that they just enlightened me

1:28:17since 2012.

1:28:19They've been out there illegally

1:28:22doing business.

1:28:24And that's not right. We got we have to

1:28:27change that. Somebody is going to have

1:28:28to start being accountable for this. So,

1:28:31but with that note,

1:28:33thank you guys for listening.

1:28:36>> [clears throat]

1:28:39>> Good evening again. Natalie Miller. Um

1:28:4217

1:28:44seven 18 17 East Harbor Street. Excuse

1:28:46me. Um

1:28:48I took some notes. That was a lot. Um

1:28:50and I don't profess to know everything.

1:28:51I'm glad the gentleman gave us the

1:28:53difference between uh temporary and

1:28:55permanent. Um

1:28:57I don't know a whole lot. I I have a

1:28:59bachelor's in criminal justice and

1:29:00master's in conflict resolutions and

1:29:02master's in human resource. But I think

1:29:04I know what permanent means, [laughter]

1:29:05right? Um tends to mean forever. Um and

1:29:08that's been the case in the community.

1:29:10Um our kiddos are so much smarter than

1:29:12us. Just from this conversation, my

1:29:14daughters were having so many questions.

1:29:16Uh my daughter asked uh number one, why

1:29:18do they have so much more time than we

1:29:20have? So, I have to explain to her the

1:29:22the dynamics of tonight. Um another

1:29:24question she asked is uh if they want

1:29:27that, mommy, why would they want to put

1:29:28it in a community where the neighborhood

1:29:30doesn't want it? Got to go explain that

1:29:32to her. Um my oldest daughter, she was

1:29:35nervous. She didn't want to come and

1:29:36speak today. She didn't want to be

1:29:37recorded. I said, they're not going to

1:29:39record it. She looked to the side. I

1:29:40said, well, mom, there's a camera there.

1:29:42Before we left, I said to her, I said,

1:29:45you know, it's important that we speak

1:29:47not just for ourselves. This is so much

1:29:49bigger than us. It reminds me of the the

1:29:51the the apostle um Ezekiel.

1:29:54Um when he was nervous and and he was

1:29:56scared to go before the people and God

1:29:58said, listen,

1:29:59you just do what I want you to do. I

1:30:01know that the people's hearts are hard.

1:30:03I know that their heads are hard, but

1:30:05I'm going to put the words in your mouth

1:30:06to speak. Just say what I tell you to

1:30:08say. And so I wrote for her and as you

1:30:10saw her read the words, um our

1:30:13community, a lot of folks um like as I

1:30:15explained to her, they're they're coming

1:30:16home from work. They're tired. They're

1:30:19preparing their meals, getting their

1:30:20babies for for bed. My grandbabies have

1:30:22been doing a wonderful job. They're

1:30:24going to have breakfast for dinner when

1:30:26we get home. Um my girls didn't go to

1:30:28boxing today. Today is their boxing day.

1:30:30They gave that up for civic duty. And so

1:30:32I'm having to to train them and teach

1:30:35them the importance of doing something

1:30:36that's outside of your realm of of of

1:30:38comfort, right?

1:30:40Um when they see Mommy leaving and

1:30:42they're seeing me come back and they're

1:30:43saying, well, what are you what have you

1:30:44been doing? And sometimes it's insipid

1:30:46like the guy said I can go on forever

1:30:48and they're maybe fall asleep, but it's

1:30:50so important because it goes beyond uh

1:30:52what we're what we're seeing today. Like

1:30:53you see Miss Rose Miss Rose who's here

1:30:55who's been fighting for years. Um the

1:30:58gentleman

1:31:00said something that was very

1:31:00interesting.

1:31:02Well, before that,

1:31:04there's no timer, so let me just calm

1:31:06down.

1:31:07Um

1:31:09I've had to explain the ad to Tellico

1:31:11and the Paxton ads. That's been an

1:31:13interesting conversation too. Um when

1:31:16Tellico, uh now Senator, came to the

1:31:18community to East Lubbock

1:31:21uh and my daughter took them because I

1:31:23wanted them to see. First of all, he

1:31:25came to the community.

1:31:26When we walked the community, guys, it

1:31:28was lines throughout the community.

1:31:31And as I walked the line because I'm

1:31:33have a petition for Lita um and I'm

1:31:35walking talking to folks and there's

1:31:36people who had never been in East

1:31:38Lubbock a day in their lives and they

1:31:39live right here in Lubbock.

1:31:41There was people that

1:31:42all over from Texas had never been in

1:31:44Lubbock and hadn't would not have come

1:31:46had the Senator or now Senator not been

1:31:48there that evening. And what they saw

1:31:50was there was no street lights. They one

1:31:53guy said um it smells.

1:31:56And someone was offended, and I said,

1:31:57I'm not offended. I'm glad they're here

1:31:59because they get to see what we see.

1:32:00They get to smell what we smell. They

1:32:02get to see the dust and and and inhale

1:32:04those things that we inhale every single

1:32:06day. They get the opportunity to do

1:32:07that. But what they don't know is how it

1:32:10came to be.

1:32:11The gentleman said something that was

1:32:12very interesting. He said that his

1:32:13family has been here since 1921.

1:32:17That's interesting.

1:32:19And I don't know if he's aware of this,

1:32:20but there is actually

1:32:23an ordinance number 225 that was in

1:32:261923.

1:32:28And that ordinance, and I'll read it, it

1:32:30said

1:32:31the fact that negroes and persons of

1:32:34African descent

1:32:36and persons containing as much as 1/8

1:32:38negro blood are residing in various

1:32:41portions of the city and their residence

1:32:43is dangerous to the health and pollutes

1:32:46the air, the earth and atmosphere

1:32:48creates an emergency

1:32:50in quote.

1:32:52It was okay to put pollutants next to

1:32:54people that look like me because they

1:32:56considered us pollutants.

1:32:58I don't know if he knew that.

1:33:00He said he stays in the community. I

1:33:01don't know if he's aware of that. Maybe

1:33:03he was here from 19 or his family here

1:33:05from 1921.

1:33:06Now that's the same ordinance that

1:33:08confined black families to south of 16th

1:33:10Street and east of Avenue C. It was

1:33:12formally repealed in 2006 in fairness by

1:33:15ordinance number 2006-00

1:33:1853 which reprints the whole 1923 text. I

1:33:20have to say that in context.

1:33:24And so

1:33:26[snorts] it's interesting because

1:33:29there was a lot of things that they said

1:33:31and I wasn't even I didn't know I was

1:33:33going to have an opportunity to say this

1:33:35uh cuz I didn't know if they were going

1:33:36to say it, but let me just

1:33:38if they say it, here's my answer.

1:33:41If they say industry is already out

1:33:43there,

1:33:45it was put there on purpose

1:33:47starting with the 1923 ordinance and

1:33:49this community has objected for decades.

1:33:52Hundreds of comments in the 2040 plan

1:33:55process, a HUD a HUD fair housing

1:33:57complaint in 2019, and we are here

1:34:00tonight, which is what you heard my

1:34:01daughter say, presence is not consent.

1:34:04And a legacy use is not a reason to

1:34:06rezone 84.9 more acres forever,

1:34:11permanently.

1:34:13If they say

1:34:15staff has no objection,

1:34:17staff's own report admits the request is

1:34:20not fully consistent with the future

1:34:23land use map. The law, local government

1:34:26code 211.004

1:34:28ties zoning to the comprehensive plan,

1:34:31not to whether staff objects. If they

1:34:33say

1:34:35it is only light industrial,

1:34:38light industrial is permanent and covers

1:34:40warehousing, distribution, and data

1:34:44centers,

1:34:45not just this plant. And the district's

1:34:48own definition excludes dust, odor, and

1:34:51noxious elements, which is exactly what

1:34:53a batch plant produces. If they say it

1:34:57meets the 600-ft setback,

1:35:00the setback exists because the city

1:35:01itself causes generally deemed

1:35:04incompatible.

1:35:05Meeting the minimum distance for an

1:35:07incompatible use does not make it

1:35:09compatible with the neighborhood.

1:35:11Now,

1:35:15as I mentioned, Ms. Rose have been

1:35:16fighting this fight for many, many

1:35:17years, and there were a lot of people

1:35:18that came before I was passed this

1:35:20baton, and I would hate to think

1:35:22that this is a baton I got to pass to my

1:35:24kids and to my grandbabies.

1:35:26Okay?

1:35:27I can recall having a conversation with

1:35:28a then

1:35:30mayor Dan Pope, and he called me, and he

1:35:32said to me, Natalie, what do you guys

1:35:33want?

1:35:34At that time, we asked for rezoning and

1:35:36downzoning industrial sites. Why?

1:35:38So that no new industries can come into

1:35:40our community, because we knew the

1:35:41history of why they were there in the

1:35:43first place. THIS IS NOT ZONED

1:35:45INDUSTRIAL. SO THE THE THOUGHT THAT

1:35:47WE'RE GOING TO REZONE something that's

1:35:48not even zoned that is is crazy. I'm

1:35:51going to calm down.

1:35:54But please,

1:35:55I implore you,

1:35:58if you have children, even if you don't,

1:35:59this city

1:36:01I would ask that your recommendation be

1:36:03to deny this request

1:36:06for reasons that I've just stated here

1:36:07and my daughters have stated and for the

1:36:09sake of my grandbabies and futures to

1:36:11come.

1:36:12Thank you.

1:36:15>> Thank you.

1:36:18I'm sorry.

1:36:19I'm going to be real quick. Um I

1:36:22the hour is spent.

1:36:27The request to rezone almost 85 acres um

1:36:32is just beyond me.

1:36:34Um

1:36:35these people you can take a rock. I went

1:36:37by Miss uh

1:36:41uh

1:36:42Miss Rose's house and I could pick up a

1:36:45rock from her house and throw and hit

1:36:47the batch plant.

1:36:49That's how close it is.

1:36:51So I just wanted you guys to know that

1:36:53the truth about that. Um and also too

1:36:57the stuff that that he says is is

1:36:59the the balloon that is catching all of

1:37:02this stuff is not catching anything.

1:37:05That that that's not it may be catching

1:37:07a couple of things some some big

1:37:09particles, but those particles are in

1:37:11the air.

1:37:12And the tar smell that you smell

1:37:15that tar smell um has uh different

1:37:18things that

1:37:20that are in it and it's it's called

1:37:23particular matter.

1:37:24Um this this dust comes from um drying

1:37:28and handling gravel and sand from

1:37:30trucks, fine particles uh

1:37:33PM 2.5 uh crystalline silica affect

1:37:38the lungs and the heart.

1:37:40Miss Rose is how how old is Miss Rose?

1:37:43>> 99

1:37:44>> 99?

1:37:45>> 98

1:37:46>> 98

1:37:47I don't think her lungs

1:37:49and her heart

1:37:50deserve

1:37:52a batch plant.

1:37:55And if you guys, grandmother

1:37:58was living there,

1:37:59would you just be okay and turn your

1:38:01head and say, uh, it's okay.

1:38:05You know, that's that's what I want you

1:38:06to think about. I'm I'm

1:38:08it it's infuriating because this is a

1:38:11fight that that these people have been

1:38:13fighting. My mom lives over there. My

1:38:14mom has asthma really bad.

1:38:16And there are more cases of people dying

1:38:20from respiratory issues in East Lubbock

1:38:22than there is in any part of the city.

1:38:25You know why? Because they breathe

1:38:27whatever the city puts over there.

1:38:29They don't have a choice.

1:38:31I'm a capitalist. I like money.

1:38:34I like to make money, but not at the

1:38:36expense of people's lives.

1:38:39That's not okay. And so if you okay that

1:38:42and you and you and you request

1:38:44something to be done like that, that's

1:38:46really a reflection on you. That's a

1:38:49reflection on you.

1:38:50I Sister Cage, I hope that you are

1:38:53against it because these people look

1:38:55just like you that live in that

1:38:57community. And this is a time where we

1:38:59really need you to stand up and really

1:39:01try to help these other people see how

1:39:03we feel. I think some of you understand,

1:39:05but I hope that y'all really really

1:39:07really understand the impact um that and

1:39:09I hope that you deny um or don't

1:39:12don't um

1:39:14don't don't be a part of this.

1:39:16They they can take that batch plant

1:39:18somewhere else.

1:39:20This community has had enough.

1:39:22They got plenty of money. Those guys

1:39:24they got plenty of money. I promise you.

1:39:27They can go find somewhere else to do

1:39:28it. Why won't they do it in Southwest

1:39:30Lubbock?

1:39:32You know why?

1:39:33Because those people in Southwest

1:39:35Lubbock said hell no.

1:39:37[clears throat] You can't do that over

1:39:38here because our families live over

1:39:40here.

1:39:42My family, my grandmother lives in West

1:39:44in in in in this part of town. So you

1:39:46can't do it over here. Those farmers and

1:39:48those people who have cows and horses

1:39:50out that way, they don't even want it

1:39:52around their animals.

1:39:55But it's okay to put it around humans?

1:39:58I got a problem with that.

1:40:00So don't

1:40:01don't be a part of this.

1:40:05And I appreciate you listening to me.

1:40:06Thank you.

1:40:14>> Sandra Chatham, 1826 East Brown Street.

1:40:17I want you to consider that these guys

1:40:19have been going in and out for the last

1:40:2114 years.

1:40:22How can we trust them now that they

1:40:24won't back up and and move over to

1:40:26another street or something that's in

1:40:27our neighborhood? Please take that up up

1:40:30under consideration.

1:40:32The batch plan does not need to be there

1:40:34and most of all, these guys don't need

1:40:36to be in our neighborhood.

1:40:37They can take it somewhere else because

1:40:39we don't want it in our neighborhood.

1:40:41And he did send out a letter after we

1:40:43had

1:40:44filed a complaint and started working

1:40:45on, you know, finding out why they were

1:40:47there. We appreciate him doing that, but

1:40:5014 years of just going in and out, you

1:40:52already see they don't went in and out

1:40:54for 14 years. What's going to keep them

1:40:55from going in and out this time and just

1:40:57moving over to another spot in our

1:40:59neighborhood? Please take that up under

1:41:00consideration.

1:41:04>> I want to get up if it's okay.

1:41:07Um

1:41:09I'm Julia Cantu. I live at 3910 Audley

1:41:12Road.

1:41:13Um I know where I live at right around

1:41:15the corner. It's all those trucks and

1:41:17all that dust and everything.

1:41:19Um I don't I just don't understand why

1:41:22these companies bring them into the

1:41:23neighborhoods which are going to cause

1:41:26health issues for the people. I just

1:41:28don't understand why they can't move

1:41:30them far away. Why do they have to be in

1:41:32the city when they know

1:41:34It's like all this I mean like the over

1:41:36there on uh in the Guadalupe area. I

1:41:39mean it's like you see them and I just

1:41:41don't understand I mean why y'all

1:41:43allowed that. Why you allow these

1:41:45companies to come into the

1:41:46neighborhoods?

1:41:47I mean

1:41:49and like these zonings, I mean

1:41:52I don't remember I mean I've been at my

1:41:53house almost going on 30 years. I mean

1:41:56maybe in the last couple of years is

1:41:58maybe when I heard about the zoning. Is

1:41:59it because now these companies

1:42:02are coming in and maybe because people

1:42:04are finally wakening up to what's going

1:42:06on that people are sick. You know right

1:42:09from wrong. You know that this is

1:42:10hurting the people. Can you please stop

1:42:13it and have them just go away to a maybe

1:42:16maybe further, I mean, where they don't

1:42:18have to be close to the neighborhoods.

1:42:20Please have some kind of I mean uh

1:42:24I just pray that y'all make the right

1:42:26decision for Lubbock. I know you don't

1:42:28want this around, even though it might

1:42:30not affect you, but you don't know if

1:42:31it's going to affect your kids, your

1:42:34your grand your grandkids down in the

1:42:36future. You just don't know that.

1:42:38Please make the right decision

1:42:40decision for us that live in the

1:42:42neighborhoods.

1:42:43Thank you.

1:42:46>> Thank you.

1:42:48>> Hello, John Cias. I live on the

1:42:50northwest side of town now, but I did

1:42:52grow up on the east side. My father's

1:42:54house and my childhood home is I mean

1:42:56maybe a

1:42:58minute drive from the disputed area, and

1:43:01I grew up with the heavy

1:43:02industrialization. I just want to

1:43:05piggy back on Councilman Harris and Miss

1:43:08uh

1:43:09and Miss Miller's comments about it, and

1:43:11I just I want to go ahead and put a term

1:43:12out there that this is just textbook

1:43:14systemic racism.

1:43:16Um there's no bigotry, there's no hate

1:43:17on the heart when it comes to systemic

1:43:20racism. It's just political decisions

1:43:22that disproportionately affect minority

1:43:25communities, and that's exactly what

1:43:27this is. They've been operating

1:43:28illegally in an area for a long time. Is

1:43:32the answer to

1:43:34just go ahead and switch up the zoning

1:43:36so they can keep doing harm to the

1:43:38community? I don't think that's the

1:43:39answer.

1:43:40Um I believe the man with the long

1:43:42presentation I'm sorry I forgot his

1:43:44name, but he said he wanted to be a good

1:43:46neighbor, and I think we can all agree

1:43:48with any of these batch plants. The only

1:43:51way to be a good neighbor is to be a

1:43:53long distance neighbor away from any

1:43:57any any neighborhood. And so keep that

1:44:00on mind. Um Lubbock as Miss Miller

1:44:03discussed since 1923 has a longstanding

1:44:07tradition of systemic racism and heavy

1:44:10industrialization that creates vicious

1:44:12cycles of poverty within

1:44:14minority communities.

1:44:17It's 2026. We can start to break that.

1:44:19We can start moving past that and small

1:44:21decisions like the ones today would go a

1:44:24long ways into writing the injustices of

1:44:26our past. Thank you very much.

1:44:34>> I think everyone did a great job at

1:44:36wrapping this up, but my name's Jordan.

1:44:38I live in My name's Jordan Craddock. I

1:44:40live at Quincy Park.

1:44:42I just wanted to say the city has

1:44:44already failed these residential

1:44:46neighborhoods by allowing illegal

1:44:48operations for 14 years

1:44:51with no oversight over this company.

1:44:56Don't fill these communities again.

1:44:58If the buildings are temporary, it

1:45:00shouldn't be that difficult to find a

1:45:02lot further away from families and

1:45:04residents.

1:45:05Unless you can say that you would buy a

1:45:07house that close to a plant, then do not

1:45:09rezone this area. No one should have to

1:45:11live that close to industry and put

1:45:13their health at risk or their family's

1:45:14health at risk.

1:45:16So I assume if anyone

1:45:18votes to rezone this area that you also

1:45:21admit that you would buy a house after a

1:45:24plant is up over there. So

1:45:27I just ask that you listen to the 10

1:45:29opposition notes that came in and

1:45:31everyone that stood up today and don't

1:45:32rezone that area. Thank you.

1:45:35>> Thank you. Anyone else wishing to speak

1:45:37in opposition at this time?

1:45:40Not, is there anyone wishing to speak in

1:45:42favor?

1:45:45Okay, seeing none, we'll close the

1:45:47public hearing.

1:45:48For a matter of discussion, is there a

1:45:50motion?

1:45:51>> Move to approve.

1:45:52>> We have a motion. Is there a second?

1:45:54>> Second.

1:45:55>> We have a motion and a second.

1:45:57Discussions?

1:45:59>> I have a couple of questions.

1:46:02And this is maybe to Kristen. The 600 ft

1:46:07setback, is it from property line or is

1:46:10it from

1:46:11adjacent properties?

1:46:13>> It

1:46:13>> it would be from the property line of

1:46:15any adjacent residentially zoned or used

1:46:18property.

1:46:19>> So not their own property line?

1:46:20>> Correct.

1:46:23>> Okay.

1:46:24Um the current setback on the that north

1:46:27side

1:46:28um there's no sale on that um

1:46:32>> Oh, you want me to go to the zoning map?

1:46:34Would the zoning map be more helpful?

1:46:36>> Uh the one with the dimensions, that

1:46:37one, the red one.

1:46:39Um so the 600 is from the property line

1:46:41to the north, but there's other

1:46:42properties that are

1:46:44further south. Would that 600 Shouldn't

1:46:47that one be from the other property

1:46:49line?

1:46:50>> So all of the the four 600 measurements

1:46:54on this diagram are all to the resident

1:46:58It It actually Some of them look like

1:46:59they are to their own property line,

1:47:01which means the residential property

1:47:03line, for instance, on the southeast is

1:47:05another 20 ft cuz there's an alley right

1:47:07there. So yes, it is at least 600 ft

1:47:10from the residential zoning property

1:47:12line.

1:47:14>> What are those small ones zoned? The one

1:47:16>> These are all the properties in the

1:47:17northeast there.

1:47:18>> Yeah.

1:47:20>> There's three parcels.

1:47:23>> The the thick

1:47:25>> They're not the same owner.

1:47:27>> Are you talking about the two on the

1:47:29north north of the um

1:47:32>> Along Easter Skin Boulevard?

1:47:33>> on the south side of Easter Skin?

1:47:36>> Uh yes, south of Easter Skin on the east

1:47:38side.

1:47:39>> Okay. Just as those two parcels

1:47:43within the larger parcel.

1:47:45>> Yes.

1:47:46>> Those are owned by the same property

1:47:48owner, and they are part of the request.

1:47:51>> So

1:47:52all the property in the request is owned

1:47:53by the owner.

1:47:54>> That's correct.

1:47:55>> But it's not one property. It's not

1:47:57platted as one.

1:47:59>> No. There are There are three tracts of

1:48:02land

1:48:04>> So with the

1:48:04>> those two are separate tracts of land

1:48:06>> adjacent

1:48:08property.

1:48:09>> But those

1:48:11I know where you're going. Okay. There

1:48:12is There is a home on one of those

1:48:14properties right now. Is that where

1:48:16you're going?

1:48:17>> Uh

1:48:17>> It is vacant and the owner intends to

1:48:19demolish it.

1:48:21So it it will not be residentially zoned

1:48:23or used because it is part of the zone

1:48:25change for the light industrial.

1:48:31[snorts]

1:48:32So if the request is approved as

1:48:36requested, they will meet the 600 ft

1:48:38separation.

1:48:39>> Gotcha.

1:48:40>> Mhm.

1:48:42>> And Kristen, one thing too, even though

1:48:44we rezone [clears throat] it and I think

1:48:45going back to the temporary and the

1:48:47permanent,

1:48:48if we rezone it, it's permanent rezoned,

1:48:51correct?

1:48:52>> that's correct.

1:48:52>> Thank you.

1:48:55>> Except for the specific use.

1:48:58>> So the specific use has a 30 month

1:49:02timeline, but that just means if they

1:49:04don't start operations within 30 months,

1:49:07it would revert back.

1:49:09>> But if they start operations, it remains

1:49:11light industrial.

1:49:13>> And and the specific use remains in

1:49:15place in perpetuity.

1:49:21>> Any other discussions?

1:49:23>> I have a question or something to

1:49:24consider.

1:49:26Uh

1:49:26do the workers that work on this plant

1:49:29have to wear any type of filtering gear?

1:49:31[snorts]

1:49:32Um

1:49:34is that something I can ask the owners

1:49:36or

1:49:36>> Yeah, if if you'd like to call the

1:49:38applicant back up, you are more than

1:49:39welcome to do so.

1:49:40>> I just ask that question?

1:49:42[snorts] Uh if the applicant is

1:49:43available, I'm sorry, I don't remember

1:49:45your name.

1:49:45>> Mike.

1:49:46>> I'm sorry, I didn't hear. Are you asking

1:49:48me

1:49:49a question?

1:49:50>> Yes, sir. Thank you.

1:49:52Uh

1:49:52any of your workers that are on this

1:49:54property, as they are working, do are

1:49:56they required to wear any type of safety

1:49:59filtering gear

1:50:00while working on the property?

1:50:02>> No, ma'am.

1:50:03>> Not at all?

1:50:04>> No, ma'am.

1:50:05>> [clears throat]

1:50:05>> Thank you.

1:50:06>> Mike, stay right there.

1:50:08>> I'm sorry.

1:50:09>> So I'll save you the walking back and

1:50:10forth. Quick question for you. So the

1:50:12dust control enforcement you talked

1:50:14about or the dust control on the

1:50:15stockpiles

1:50:17on the roads, the material.

1:50:20Is that What is the enforcement of that?

1:50:22Does TCEQ require that? Or is that

1:50:25something

1:50:26And I see

1:50:27>> I can bring my expert up too.

1:50:33>> Hi. My name's Hannah Alanovich. I'm

1:50:35Weber's senior environmental manager.

1:50:37And yes, your governing agency would be

1:50:39TCEQ, but depending on I'm sure the

1:50:41contract they have with the local

1:50:42municipality, you would have your city

1:50:44or your county who would also have

1:50:46authority likely to inspect the the

1:50:48permit that's authorized. But TCEQ as

1:50:51well.

1:50:52>> Thank you.

1:50:54Um

1:50:55this is for staff. Thank y'all.

1:50:58Kristin, what is the buffering

1:50:59requirement again for this?

1:51:03>> It is 600 ft from any residentially

1:51:06zoned or used property or any civic or

1:51:08institutional use.

1:51:09>> And then screening?

1:51:11>> So the screening [sighs]

1:51:14it's only going to be required if in the

1:51:18form of a buffer yard. And even then,

1:51:20it's not a fence requirement. If there

1:51:22are buffer yards required, they would be

1:51:24landscape buffer yards

1:51:26in the form of trees and ground cover.

1:51:30>> Okay. Thank you.

1:51:31>> Mhm.

1:51:34>> I have a question as well.

1:51:36They state they only have one entry in

1:51:38and one out. Am I correct?

1:51:41>> So I know they'll be using East Colgate

1:51:43Street. I believe they're going to have

1:51:44another onto the loop 289 access road.

1:51:48And the fire marshal will more than

1:51:49likely require that two points of

1:51:52um ingress and egress.

1:51:54>> Okay. Thank you.

1:51:55>> Mhm.

1:51:59>> [clears throat]

1:52:00>> I guess just

1:52:02it's it's been a lengthy discussion

1:52:04tonight.

1:52:05A lot [clears throat] of participation,

1:52:07a lot of feedback both directions.

1:52:10Um

1:52:12you know, I

1:52:13there's there's one governing agency

1:52:15that is more stringent than anyone I

1:52:16know, and that's TCEQ to be to be quite

1:52:18honest. And so,

1:52:20I have some

1:52:22comfort

1:52:23in that.

1:52:24However, my heartburn really comes with

1:52:27how this is set up and it's really our

1:52:30zoning code. It is requiring light

1:52:33industrial to be all around it.

1:52:36Therefore, they can meet their setback

1:52:38requirements effectively is what they're

1:52:39doing.

1:52:40And in the past,

1:52:43I've had some heartburn having light

1:52:44industrial backing right up adjacent to

1:52:47a residential neighborhood.

1:52:49And so, that's kind of more my heartburn

1:52:51on this than anything to be quite

1:52:52honest, [clears throat] is seeing us

1:52:55potentially approve

1:52:57light industrial up against I mean

1:52:59adjacent to housing. [snorts]

1:53:02>> So, you would not have to use light

1:53:05industrial around the specific use

1:53:07portion if you wanted to rezone it to a

1:53:10different

1:53:12commercial district, mixed use district.

1:53:15It just

1:53:16probably not mixed use, but something

1:53:17that is not residential zoning.

1:53:21>> But as it's presented to us today, it's

1:53:23light industrial, correct?

1:53:24>> the request. Mhm.

1:53:25>> Thank you.

1:53:27>> Uh I want to go back to the ownership of

1:53:29that tract with the

1:53:31residential lot. Has that tract been

1:53:34acquired like fairly soon because El CAD

1:53:36still shows it as under Davidson

1:53:39Rochelle?

1:53:40>> Yes. Um they the applicant provided us a

1:53:43copy of the deed because El CAD has not

1:53:45been updated.

1:53:46>> Okay.

1:53:51And is there a reason why this zoning

1:53:53just came up now, you know, 12 years or

1:53:5614 years later? Um has it just not been

1:53:59caught before or

1:54:00>> To my knowledge, a complaint came in to

1:54:02the code enforcement department.

1:54:04>> Gotcha.

1:54:08>> Any other discussions?

1:54:12Okay. Before we dig, there's only one

1:54:13thing I want to do is I want to address

1:54:15Councilman Harris.

1:54:17And I was just wanting to tell you to

1:54:19know that

1:54:20as you know as a council member, we are

1:54:22just an advisory board and we make

1:54:24recommendations to the city council.

1:54:26>> Yes, sir.

1:54:27>> And the city council makes the final

1:54:28decisions. So, it's kind of tough

1:54:30blaming us for what's happening when we

1:54:33don't make the final decision. We only

1:54:34make a recommendation. And I just want

1:54:36that to be brought out to understand

1:54:39that if you're barking at us, you need

1:54:41to bark at your own council members.

1:54:43>> Okay.

1:54:43>> Okay?

1:54:44>> No problem.

1:54:44>> Thank you.

1:54:45>> [laughter]

1:54:45>> Thank you.

1:54:48>> [snorts]

1:54:48>> Is everyone ready to call the vote?

1:54:51We'll start the voting online.

1:55:06Did it go?

1:55:07I can't

1:55:09>> We should be able to stop the voting now

1:55:11and see the result.

1:55:13>> [clears throat]

1:55:17>> Okay. The motion fails by a count of

1:55:21five to one. This will go to the city

1:55:25council on their meeting on December 1st

1:55:28at 2:00 p.m. for their first reading.

1:55:31Next item of business is zone case

1:55:34number 3.2 zone case number 3562.

1:55:39>> [clears throat]

1:55:43>> Good evening, esteemed members of the

1:55:45commission. I have a much less

1:55:46interesting zone case for you.

1:55:48I am William Lee Stockton with the

1:55:50planning department and this is zone

1:55:51case 3562.

1:55:53The applicant is 17 Services LLC for

1:55:56Milwaukee 104 LLC.

1:55:59Allow me a second to catch up with the

1:56:00PowerPoint.

1:56:11All right.

1:56:13Um the applicant is requesting to rezone

1:56:14from low density single family district

1:56:16SF-2 to auto urban commercial district

1:56:19AC. The subject properties are addressed

1:56:21as

1:56:2210010 202 10204

1:56:2610302 10304 Milwaukee Avenue, located

1:56:30west of Milwaukee Avenue and north of

1:56:32104th Street

1:56:33on 3.21 acres of unplatted land out of

1:56:36block AK section 22. 16 letters were

1:56:39sent out and we received none back in

1:56:41favor or opposition.

1:56:43Here is an aerial view of the property.

1:56:45This property and those immediately

1:56:46surrounding it are currently vacant.

1:56:49The current land use map shows

1:56:50surrounding properties zoned as

1:56:51low-density single-family district SF-2

1:56:54to the north, east, and northeast.

1:56:56To the west, properties are zoned auto

1:56:58urban commercial district.

1:57:00To the south, properties are zoned

1:57:01neighborhood commercial district.

1:57:04[clears throat] The future land use plan

1:57:05designates this property and those

1:57:07surrounding it for low-density

1:57:08residential.

1:57:11Here is a picture of the subject

1:57:12property as well as views to the north,

1:57:14east, and south.

1:57:17The future land use map designates this

1:57:18area for residential land uses. The

1:57:21proposed zone change to auto urban

1:57:22commercial district does not conform to

1:57:24this designation. However, due to the

1:57:27due to the properties, excuse me.

1:57:29However, due to the property zoned AC to

1:57:32the west and to the property located

1:57:33along Milwaukee Avenue, the requested

1:57:36zone change would be in moderate

1:57:37conformance with the Unified Development

1:57:38Code.

1:57:40The proposed zone change is compatible

1:57:41with the zoning ordinance and will be

1:57:43appropriate at the proposed location.

1:57:46Due to the property location along a

1:57:47principal arterial street adjacent to

1:57:50neighborhood commercial district and C

1:57:51to the south and adjacent to auto urban

1:57:53commercial district to the west, the

1:57:55requested zone change remains compatible

1:57:57with the surrounding area.

1:57:59The subject property is along Milwaukee

1:58:00Avenue. The master thoroughfare plan

1:58:022018 designates Milwaukee Avenue as a

1:58:04principal arterial street.

1:58:09Staff has no objection to the request

1:58:10and I can take any questions at this

1:58:12time.

1:58:14>> Any questions for staff at this time?

1:58:17>> Thank you, sir.

1:58:17>> Thank you.

1:58:18Okay, we'll open the public hearing. Is

1:58:20the applicant or his or her

1:58:21representative here?

1:58:23When you come [snorts] forward, please

1:58:24state your name and address for the

1:58:26record.

1:58:29>> Hi,

1:58:29>> I'm Tyler Gentry with 17 Services and

1:58:31with uh Milwaukee 104 LLC. I'm 1500

1:58:34Broadway, Suite 103. I think this one's

1:58:37pretty self-explanatory, but I'm here to

1:58:38answer any questions.

1:58:40>> This is you got this property to help

1:58:42your access to the forge?

1:58:44>> That that's yes, it's tied to that

1:58:45development.

1:58:46>> Thank you. Any other questions?

1:58:50Thank you.

1:58:51Is there anyone here wishing to speak in

1:58:53opposition to this request?

1:58:56Okay, seeing none, we'll ask is there

1:58:58anyone wishing to speak in favor?

1:59:03>> Generally, I'm just I just want to share

1:59:05that you see how less of an issue this

1:59:07is in District 5

1:59:09than it is for something in District 2

1:59:11or District 1. So I appreciate you guys

1:59:14today. Thanks.

1:59:16>> Anyone else wishing to speak?

1:59:19Okay, we'll close the public hearing for

1:59:21matter of discussion. Do we have a

1:59:22motion?

1:59:23>> Move to approve.

1:59:24>> Second.

1:59:24>> Have a motion and a second. Is there any

1:59:27discussion?

1:59:29>> Got an easy one.

1:59:30>> Got an easy one for once. Go quick on

1:59:31that one. Okay, we'll go ahead and call

1:59:33the vote. All in favor say or

1:59:36vote saying

1:59:38on the screen.

1:59:44Motion carries 6 to 0. Again, this will

1:59:47go to the City Council for a hearing on

1:59:49December 1st at 2:00 p.m.

1:59:52The next matter of business is zone case

1:59:56number 3563.

2:00:03>> [snorts]

2:00:04>> Good evening, members of the commission.

2:00:05I'm Jamie McGarrah with the Planning

2:00:06Department. This is zone case 3563. The

2:00:10applicant is Buffalo Holdings LLC and

2:00:13Sarnath Marka.

2:00:15Their purpose of this request is rezoned

2:00:17from low density single family SF-2 to

2:00:20heavy commercial HC.

2:00:22The properties are there's several

2:00:24properties and their address is 7603,

2:00:277605, 7607, 7611,

2:00:31and 7701 Alcove Avenue. Locate located

2:00:35east of Alcove Avenue and south of 76th

2:00:38Street.

2:00:43Apologies. There were 50 notification

2:00:44letters sent out. We received three in

2:00:46favor, zero in opposition.

2:00:49Here's the response map showing the

2:00:50three in favor.

2:00:52[snorts]

2:00:55This is an aerial view of the property.

2:00:57You can see that um to the west is

2:01:00Walworth city limits. Uh to the east we

2:01:03have uh sliver of residential property.

2:01:06And to the east of that we have a

2:01:08uh warehouse

2:01:11property. To the north this property

2:01:13directly to the north was just rezoned

2:01:15to general industrial within the last I

2:01:17believe month.

2:01:19Um and then to the south we also have

2:01:21some heavy commercial use properties.

2:01:26Here's the current zoning map showing

2:01:28low density single family zoning.

2:01:32Here's the future land use map also

2:01:34showing low density single family use

2:01:36zoning with commercial use to the east

2:01:39and the southeast.

2:01:42These are pictures of the subject

2:01:44property viewed from the west

2:01:47as well as north, east, and south.

2:01:54The future land use map designates this

2:01:56area for low density residential land

2:01:58use. The proposed zone change to

2:02:00commercial land use is in moderate

2:02:02conformance due to adjacency to other

2:02:04properties with commercial industrial

2:02:05uses and is furnished to a future

2:02:07arterial street.

2:02:09The proposed zone change is compatible

2:02:11with the zoning ordinance and will be

2:02:13a will be appropriate at the proposed

2:02:15location.

2:02:17[snorts]

2:02:18The subject property is currently zoned

2:02:20as a low density single family property.

2:02:21The requested change to a commercial

2:02:23designation is consistent with this

2:02:24furnished to a future

2:02:26future arterial street as well as

2:02:28adjacency to other properties with

2:02:30industrial and commercial uses.

2:02:33The subject property fronts both Alcove

2:02:35Avenue and 76th Street. Alcove Avenue is

2:02:38within the Wolforth Township, and the

2:02:40master thoroughfare plan designates

2:02:42Alcove Avenue as an arterial street and

2:02:4376th Street is a local street.

2:02:46Our arterial streets are continuous

2:02:47routes whose functions serve high volume

2:02:50needs of local traffic and regional

2:02:51traffic, and local streets typically

2:02:53provide access to smaller destination

2:02:55oriented areas such as neighborhoods,

2:02:57subdivisions, and local business

2:02:58districts.

2:03:01Staff has no objection to the request,

2:03:02and I can take any questions at this

2:03:04time.

2:03:05>> Just one This is an area we've been

2:03:07doing quite a bit of rezoning.

2:03:10>> That's correct. There's been a lot of

2:03:12industrial and heavy commercial zoning.

2:03:15>> the map totally up to date?

2:03:17>> It was not.

2:03:18>> It was not. Okay, that's what I was

2:03:19thinking, and I think Christian and I

2:03:21did. I just wanted to make sure that

2:03:23people understood we weren't just

2:03:25>> Right, right. And I should point out

2:03:26that to the northeast of this is the the

2:03:28dump station as well.

2:03:30>> Okay, thank you. Any other questions for

2:03:32staff at this time?

2:03:34Okay, thank you very much.

2:03:35We'll go ahead and open the public

2:03:37hearing. Is the applicant or his or her

2:03:39representative here?

2:03:43[snorts]

2:03:47No? That's fine.

2:03:49Okay.

2:03:50Is there anyone here wishing to speak in

2:03:52opposition?

2:03:56Seeing none, I'll ask is there anyone

2:03:57wishing to speak in favor?

2:04:01Okay, we'll close the public hearing.

2:04:03For matter of discussion, do we have a

2:04:05motion and a second?

2:04:07>> So moved.

2:04:08>> Second.

2:04:08>> We have a motion and a second. Is there

2:04:10any discussion?

2:04:16I don't have any discussion. I think

2:04:17it's something we've already done, but

2:04:19it always kind of perturbs me when an

2:04:21applicant doesn't come to speak on their

2:04:23behalf for it, but

2:04:25we'll go ahead and call the

2:04:26call the vote.

2:04:37So the passes five to one. This will go

2:04:41to the City Council

2:04:43for approval on December 1st at 2026

2:04:48[snorts] at 2:00 p.m.

2:04:51Get my back into my notes where we're

2:04:53going.

2:04:57So that that concludes uh

2:05:01[snorts] our zone cases for the day.

2:05:03Next up will be uh

2:05:07amendments to the Unified Development

2:05:09Code.

2:05:22>> [snorts]

2:05:27[snorts]

2:05:36>> Okay. Good evening, Mr. Chairman and

2:05:37members of the Commission. Uh this is

2:05:40the third time we have discussed

2:05:42amendments to the Unified Development

2:05:44Code for large-scale data centers.

2:05:46What was included in your packet and is

2:05:48before you today is what you saw at your

2:05:52last meeting, October 5th.

2:05:54And so

2:05:55really the the proposal is the same. We

2:05:58have the definition of a large-scale

2:06:00data center.

2:06:01We

2:06:02changed the 75 megawatt to as defined by

2:06:06the Public Utility Commission of Texas

2:06:08and ERCOT.

2:06:09We still have the 100,000 gallons of

2:06:11water per day.

2:06:13We are still requesting that it be

2:06:16specific use in LI and GI, though you

2:06:19always have the option of making it a

2:06:20limited use if you would prefer.

2:06:24And then of course the water regulations

2:06:26with the uh closed-loop cooling systems,

2:06:29the power usage study that has to be

2:06:32provided at the time of permitting,

2:06:35site plan details,

2:06:37the setbacks. Um I I went back and

2:06:40looked cuz I wanted to be certain. Even

2:06:42at the public hearing in September, we

2:06:44had the 300-ft setback for the data

2:06:48centers. So that has not changed. We did

2:06:51add the 500-ft for the uh power power

2:06:55generation, transmission, and

2:06:56distribution structures.

2:06:59You still have the screening

2:07:00requirements,

2:07:01the additional landscape requirements,

2:07:04the noise levels at 57 dB at the

2:07:06property lines,

2:07:08low frequency noise, air quality.

2:07:11[sighs and gasps] The water reservation

2:07:12fee is something that is not to be

2:07:16addressed in the Unified Development

2:07:17Code. That needs to be addressed by our

2:07:19water utilities department in their

2:07:21chapter of the Code of Ordinances. That

2:07:23is why it is vague here and says it will

2:07:26be established by the city because it

2:07:27doesn't need to be in the Unified

2:07:29Development Code. Needs to be with the

2:07:31water.

2:07:32We still have an expansion of 10% or

2:07:35more require an additional specific use

2:07:38application.

2:07:39We do address decommissioning. I wanted

2:07:41to make sure I pointed that out. And it

2:07:43says at a minimum shall return the

2:07:46parcel of land to its pre-development

2:07:48condition including level ground and

2:07:51vegetation.

2:07:53We have these same specific use

2:07:55standards for the power generation,

2:07:57transmission, and distribution

2:07:58structures.

2:08:00Setbacks of 500 ft. Again, the noise,

2:08:03low frequency, site plan screening,

2:08:05landscaping. We have additional

2:08:07requirements for enclosures for wind

2:08:10turbines,

2:08:12um air quality, expansion, and

2:08:15decommissioning. So I'd be pleased to

2:08:17answer any questions or if there's any

2:08:18specific portion you'd like to discuss.

2:08:21>> So setbacks setbacks on power generation

2:08:25is 500 ft. 500 ft. It doesn't matter

2:08:28what it's adjacent to.

2:08:31>> That is correct.

2:08:32>> Okay.

2:08:36And I I thought last time we discussed a

2:08:37little bit more of the specific use and

2:08:39the limited um and I was thinking it

2:08:42was going more towards the limited

2:08:44rather than specific use. Can you go

2:08:46over the over the difference between

2:08:48these two again, please?

2:08:49>> So either regardless of whether it is

2:08:52limited or specific use, all of these

2:08:54regulations will apply. The difference

2:08:56is if it is limited use, it will not

2:08:59require additional public hearings and

2:09:01approvals from this commission and city

2:09:03council.

2:09:05Uh a specific use would require the same

2:09:07process as a zone change where it comes

2:09:09before this commission, the 400 ft

2:09:11notification, and this commission will

2:09:14make a recommendation for approval or

2:09:16denial which will be taken to city

2:09:17council who will ultimately have the

2:09:19final decision to approve or deny the

2:09:21request.

2:09:26Limited use, they can apply for a permit

2:09:28provided they have the proper zoning and

2:09:31meet all of these requirements.

2:09:36>> The decommissioning requirements, that

2:09:39only applies to the onsite generation

2:09:41and not to the other facilities,

2:09:43correct?

2:09:43>> Nope, it applies to both.

2:09:44>> Oh, it applies to both.

2:09:45>> Mhm.

2:09:47>> So batteries, cooling, specialized

2:09:48equipment, all of that is covered by

2:09:49that.

2:09:52>> Where does it say that?

2:09:55>> I don't know if you want me to address

2:09:56anyone behind me.

2:09:58[laughter] Sorry.

2:09:59>> Where does it say that?

2:10:02>> So this uh this document is in the

2:10:04packet for this meeting on our website.

2:10:07And so we list here the the specific use

2:10:10standards for large-scale data centers.

2:10:12Number 12 on the list is the

2:10:15decommissioning. And then the specific

2:10:17use standards for the power generation,

2:10:18transmission, and distribution, it is

2:10:21number 10 on that list.

2:10:27Two different list. The first list is

2:10:29for the data centers.

2:10:31Number 12.

2:10:31>> Yeah, I looked at [clears throat] the

2:10:32the last one there and missed that one.

2:10:36>> So all of it basically have to come down

2:10:38>> Everything has a decommissioning

2:10:39requirement, yes.

2:10:40>> Okay.

2:10:40>> Mhm.

2:10:42>> So no chance of abandoned buildings,

2:10:44empty buildings, nothing

2:10:46like that.

2:10:49Question going one of the ones that you

2:10:51come up and I know that we're looking at

2:10:54large scale cuz I know we're basing a

2:10:56lot of that off of

2:10:57what the

2:10:59uh [snorts] Ercot considers the 75

2:11:02>> Mhm.

2:11:02>> for coming in and doing that for data

2:11:04centers.

2:11:05What

2:11:07what prevents somebody coming in at 70

2:11:10watts and being under it which you'd

2:11:11still going to have the same numbers?

2:11:13What kind of safeguards are we going to

2:11:15have is that cuz I know originally

2:11:18Ercot came out and originally

2:11:19recommended

2:11:2125 megawatts then it got increased so

2:11:23there's a lot of variables

2:11:25>> Mhm.

2:11:25>> in between

2:11:27to come out you know and it's like you

2:11:29know there's always going to be people

2:11:30that are trying to uh

2:11:32circumvent the rules.

2:11:33>> Sure. We have to set a limit somewhere

2:11:36and it is going to be not only the

2:11:37electric but the water [snorts] as well.

2:11:39So you're going to have both of those

2:11:41that will contribute to the determining

2:11:43if it falls under this definition.

2:11:45>> Okay.

2:11:46Thank you.

2:11:49>> One last thing I just want to make a

2:11:51determine like uh

2:11:53an explanation because I think there's

2:11:55some confusion with the public

2:11:57for what this is.

2:11:59>> Mhm.

2:11:59>> This is basically putting more

2:12:01restrictions on data centers that what

2:12:03currently exists, right?

2:12:05Right now they can do whatever they

2:12:08want. They even have you know more zones

2:12:10that they can go in

2:12:11>> Mhm.

2:12:12>> and this document makes it more

2:12:14restrictive.

2:12:15>> Yes. As of today they would be allowed

2:12:17by right in heavy commercial, industrial

2:12:20park, light industrial, and general

2:12:21industrial. They would have the current

2:12:23regulations [snorts] in the UDC but

2:12:25these regulations are more restrictive.

2:12:28>> As long as it's a large scale.

2:12:30>> Yes. That's a large scale than that's

2:12:33and I do know that since we came in

2:12:35September some of the research I did

2:12:37that

2:12:38the

2:12:39Public Utilities Commission came out

2:12:42with large scale data loads about what

2:12:44to do and I think that I know it's not

2:12:46chump change to

2:12:48to some of these companies, but then

2:12:49they have to put down a deposit, I think

2:12:5250,000 for every megawatt they do as a

2:12:54security stuff. So that's another little

2:12:56thing that's gone

2:12:58>> Mhm.

2:12:58>> to go to to help on that part.

2:13:00>> Mhm.

2:13:05>> So

2:13:09thank thank you for the work on this.

2:13:10>> Sure.

2:13:11>> It's a lot.

2:13:12Um

2:13:14and [snorts] and it's all fresh and new

2:13:16and sudden.

2:13:18And so

2:13:20I guess that's where I'm at, too. It's

2:13:22sudden, it's fresh, it's new.

2:13:24I know we've had some great work

2:13:25sessions, had a lot of questions.

2:13:28I don't know

2:13:30if I'm closer to an answer or further

2:13:32away.

2:13:33>> Okay.

2:13:33>> It seems like a bit of move a moving

2:13:35target, but I'm back to some things we

2:13:37talked about in the past.

2:13:39One number one being

2:13:41kind of this power usage study.

2:13:43>> Mhm.

2:13:44>> To me, it's still a little ambiguous.

2:13:47It's still vague in nature.

2:13:49And um

2:13:51I don't know

2:13:53if we're meeting the requirement here

2:13:54that we're really trying to to put in

2:13:57place

2:13:58adequately. Are we putting a requirement

2:13:59in place that we actually came to answer

2:14:01very well, frankly, or or do we have

2:14:04clarity that we need to be able to

2:14:05answer it? One way or the other. Whether

2:14:07it's appropriate power study or not.

2:14:09>> Sure.

2:14:10>> And so how would that further be defined

2:14:12if we were to adopt it in its current

2:14:14form?

2:14:16>> I mean, I think that's that's probably a

2:14:18question where at that point you're

2:14:19pulling in LPNL, you know, you're you're

2:14:21pulling in the people who do the power

2:14:24every day who are going to know more

2:14:25than me about that type of study.

2:14:28But I think we do have the appropriate

2:14:30I think we have people on staff with the

2:14:32appropriate knowledge to look at that

2:14:33study and see the clarity in it of they

2:14:37they are required to show us

2:14:40how they're going to power

2:14:42this project, where it's going to come

2:14:44from, if they're using onsite

2:14:46generation, how that's all

2:14:47interconnecting and working.

2:14:49And so, I see what you're saying, how

2:14:51it's it's a little vague. It's basically

2:14:53just saying you have to do it and

2:14:55provide it to us. But I think we do have

2:14:58people with the knowledge on staff who

2:14:59will be able to interpret it and read it

2:15:01and understand it and know what's best

2:15:05for the city in terms of

2:15:08what type of power is being used and how

2:15:11it's being used.

2:15:12>> So,

2:15:13I totally agree. I think you have great

2:15:14staff, smart people,

2:15:16highly more competent than myself.

2:15:19However,

2:15:20and

2:15:22you know, but however, I'm kind of you

2:15:23just came up with a few kind of off the

2:15:25cuff requirements

2:15:27that would fall in place of requirements

2:15:29of this study.

2:15:30>> Mhm.

2:15:30>> Who who's going to come up with that?

2:15:32How do we come up with requirements of

2:15:33the study?

2:15:34What has to be submitted?

2:15:36And then and then how do we know

2:15:38objectively

2:15:40does it meet the requirements or not?

2:15:43You know, what are the results of that

2:15:44of that study? It's just just something

2:15:45to think about. I don't expect you have

2:15:47that answer standing in front of you

2:15:48today.

2:15:49I wouldn't. [laughter] And so, I totally

2:15:51get that. I I'm not trying to put you on

2:15:52the spot on that. But I just go, okay,

2:15:55if I'm a data center developer, I'm

2:15:57going to Lubbock and I'm looking at it

2:15:58and I'm saying, okay, I got to present

2:15:59my power usage study.

2:16:01What are they looking for?

2:16:03>> Sure.

2:16:04>> Can I try to answer this? This comes

2:16:06back part of the PUCT large load

2:16:09[clears throat] rule. And it's a rule

2:16:11that it's 16 TAC section 25194

2:16:15was adopted September 18th, went into

2:16:17defective October 8th.

2:16:20States a statewide gateway for

2:16:22connecting very large electricity users

2:16:24to the ERCOT grid. It requires a covered

2:16:27project approved that it controls a real

2:16:29site, disclose key project information,

2:16:32pay for studies, post substantial

2:16:34financial security, and execute a

2:16:36standardized interconnection agreement

2:16:38before receiving and keeping

2:16:40transmission capacity.

2:16:41So, what I've read on it and does that

2:16:44the city could use that if they wanted

2:16:47to in lieu of an independent study. So,

2:16:50the developer is going to have do it one

2:16:52way or the other impossible for Ercot,

2:16:54Public [clears throat] Utilities

2:16:55Commission.

2:16:56And this was one that was in discussions

2:16:59when we September and it wasn't

2:17:02finalized, but it is final now. So,

2:17:04they've kind of come back in and said

2:17:06and that's the one where I located that

2:17:08if it's a 75 watt, they have to put down

2:17:10$50,000 for every watt just as a

2:17:13security, but then they have to provide

2:17:16everything to them before they can even

2:17:19interconnect.

2:17:20>> So, if they're having to do that for

2:17:21Ercot anyways,

2:17:23>> And we added that language. Studies

2:17:25required by Ercot may satisfy this

2:17:27requirement at our discretion.

2:17:28>> What?

2:17:29>> So, if we determine that's enough

2:17:31>> [laughter]

2:17:32>> Maybe you change that word from may to

2:17:33should or will satisfy that requirement.

2:17:35>> Instead of having to duplicate it.

2:17:37>> Right.

2:17:37>> I just again, I'm looking for certainty

2:17:39for someone to kind of say what is the

2:17:41city looking for? How do I know I even

2:17:44have a chance before I go spend $50,000

2:17:47per megawatt and a million dollars on a

2:17:50feasibility study with a bunch of

2:17:51engineers and time and effort. I'm

2:17:53always looking for how do they know

2:17:55where is the goal line? How do I know

2:17:57I'm close to the goal line?

2:17:58Where's those guard rails at?

2:18:00>> And I think part of that is, you know,

2:18:01we changed the language so it's required

2:18:03at the time of permitting. So, whether

2:18:06this is approved as limited or specific

2:18:08use, they're going to have the zoning in

2:18:10place before they ever get to

2:18:11permitting. So, by the time they get to

2:18:13permitting, it's a requirement to

2:18:15provide.

2:18:17And I do think since they're having to

2:18:18do it for Ercot anyway, we're going to

2:18:20say that, okay, hand us that study. And

2:18:22if for some reason there's something

2:18:24additional we need or looking for, then

2:18:26they can do an additional study.

2:18:30It's it's not going to change the fact

2:18:32that the zoning is in place and allowing

2:18:34them to do it.

2:18:36>> Yeah, but I do like how it's part of

2:18:37permitting now.

2:18:38>> absolutely.

2:18:39>> I will add on on this one one part here

2:18:42too on this PECT. It's not just for data

2:18:45centers, it's for any large load. So,

2:18:48that's a big plus I think for some of

2:18:50the concerns we've had for

2:18:53for other entities, industries that

2:18:55would come in as well.

2:18:58>> Could you expand on the 57 decibels?

2:19:00think we've talked a lot about it. I

2:19:02know it got brought up again tonight by

2:19:03a few people.

2:19:04>> Yeah.

2:19:04>> Would love for you to expand on that.

2:19:06>> It'll be measured at the property line

2:19:08at any time of day. So it can never be

2:19:11above that at the property line.

2:19:13Um code enforcement will enforce that.

2:19:15And they have they already have decibel

2:19:18readers that they use today when they

2:19:20receive complaints to go measure the

2:19:22decibels. Um they will use those to

2:19:25determine the levels at the property

2:19:27line.

2:19:28>> And so 57 decibels, how do we relate to

2:19:30what 57 decibels is?

2:19:32>> So it's and someone said it you know a

2:19:35refrigerator running is at 40, a

2:19:37conversation

2:19:39is a little below 60. So it's about just

2:19:41a normal conversation.

2:19:44Not into a microphone like I'm talking

2:19:45right now, but just a normal

2:19:46conversation between two people.

2:19:48>> Is 57

2:19:50kind of what you're seeing across the

2:19:52state being adopted by other cities and

2:19:55>> 55 to 57. Yes. Mhm.

2:19:58>> Do the um the other studies that you've

2:20:01looked at, do they also address the low

2:20:02frequency noises

2:20:04as this one does?

2:20:05>> Not as much. And that was something that

2:20:07was brought up at the original citizens

2:20:10meeting at the Civic Center. So it's

2:20:11something we started looking into and

2:20:14wanted to add to this.

2:20:15>> Well there is and I I know that we've

2:20:17talked about this before, but the the

2:20:20way that it reads says a maximum of 10

2:20:22hertz. That's a that's a frequency

2:20:24>> Mhm.

2:20:25>> not a level.

2:20:26>> Right.

2:20:27>> And so that doesn't really make sense,

2:20:29quite honestly.

2:20:30>> And and I think

2:20:31>> understand it.

2:20:32>> Yeah, no I understand what you're

2:20:33saying. You know the the to me the

2:20:35noise, the decibel, that's the most

2:20:37important, right? Because you want to

2:20:39keep those noise levels low.

2:20:41The low frequency like you said it's

2:20:44I don't I can't explain it well, but

2:20:46it's it's the pitch, right? And so it

2:20:49just from the research we did, 10 seem

2:20:52to be obviously on the very low end. And

2:20:54And we wanted to keep it

2:20:56um towards that lower end and then with

2:20:58the lower decibels we thought would be

2:21:00most appropriate.

2:21:05>> I guess if it goes high enough we just

2:21:06don't hear it but our dogs do.

2:21:08>> Yeah.

2:21:09[laughter]

2:21:10Something like that.

2:21:12>> But if you read this the way that it's

2:21:13written

2:21:15all the noise coming from there would

2:21:16have to be below 10 hertz, correct?

2:21:21>> Right. 10 hertz and 57 decibels.

2:21:25>> 10 or less. So

2:21:27okay. I'm going to have to do [laughter]

2:21:28a little more research on this but I

2:21:30don't think that's

2:21:31the intent.

2:21:38Talking about air quality

2:21:40uh your point number eight.

2:21:42>> Mhm.

2:21:43[snorts] So TCEQ regulates air quality,

2:21:47not the city. And so they will have the

2:21:50required compliance documents and so

2:21:52they will be required to provide those

2:21:53to the city.

2:21:55>> Is it worth being explicit to just state

2:21:57TCEQ compliance documents or is it

2:21:59sufficient in its current form?

2:22:02>> We can add TCEQ if you'd like.

2:22:05>> I'm starting to play attorney. Sorry,

2:22:06Matt.

2:22:06>> [laughter]

2:22:07>> Oh we're you're not the only one. Um

2:22:10so uh

2:22:12you certainly could add I would say TCEQ

2:22:15or any other governmental agency with

2:22:17authority over them cuz

2:22:19who knows how I mean we're all

2:22:21anticipating that there are being some

2:22:23regulations coming up

2:22:25on data centers here even in our own

2:22:27legislature and perhaps even

2:22:30federally. So

2:22:33I wouldn't just limit it. We certainly

2:22:34can put TCEQ in the times we do but you

2:22:36know

2:22:37I've even been around long enough that

2:22:38TCEQ has changed its name, right?

2:22:40>> Mhm.

2:22:41>> And so any agency that has authority

2:22:44over them

2:22:45but we certainly could add something

2:22:47like that.

2:22:51>> I go back and want to ask and talking

2:22:52about the large load I know that when we

2:22:54put the 70 megawatt

2:22:56in there we said according to what

2:22:58Ercot uh

2:23:00PUCT did. Do you think it would be

2:23:03better to list the actual ordinance and

2:23:06say as amended in case it ever changes

2:23:09that were

2:23:10because we're not really pinpointing in

2:23:11it

2:23:12from what ruling with it?

2:23:14>> Well, when we

2:23:15when you when you put a number in there

2:23:18you you

2:23:19I I really wouldn't say as amended at

2:23:21that point in time. I would I would

2:23:23We've We've drawn a line at 75 megawatts

2:23:26because that's the definition for

2:23:29large loads that regardless of whether

2:23:32it's a data center or anything that goes

2:23:33onto an Ercot line.

2:23:34>> talking about not on us, but as by the

2:23:37state rules that says that's the large

2:23:39load is 75. What if they amend it to 50

2:23:42and we just said we're not really

2:23:45amending that specific act that the PUCT

2:23:48has out there.

2:23:50>> Yeah, you know you

2:23:51>> I'm just asking because that's what AI

2:23:53said that you should say.

2:23:54>> You

2:23:56[laughter] Uh it's amazing how much I

2:23:58argue with AI. Um

2:24:00that I have been arguing with AI you

2:24:02know indirectly right now. Um

2:24:04but I you know

2:24:07[snorts]

2:24:08um really the the the threshold we came

2:24:12that up came up with that just because

2:24:14that was

2:24:16you know if you got too large

2:24:18it didn't make any sense. Too small I

2:24:21mean

2:24:22when you get into the definition of a

2:24:23data center that that really gets

2:24:25complicated.

2:24:27Um it needs to be a bar. We We picked

2:24:30that just because that that is how

2:24:33Ercot worries about entering into their

2:24:35transmission lines, right?

2:24:37And so

2:24:39I don't necessarily want to sit there

2:24:40and change to whatever they because they

2:24:42could go up.

2:24:44They could go to 110.

2:24:47They could go to something greater.

2:24:49Um

2:24:51and if and if we needed to amend it at

2:24:52that time we could amend it at that

2:24:54time.

2:24:54>> I think didn't we specifically put in

2:24:56the amendment that it was according to

2:24:58what

2:24:59>> Uh-huh. That that's where we came up

2:25:00with. That where that's where it That's

2:25:02But this is kind of starting the

2:25:03baseline, right?

2:25:05It really isn't so much that we want to

2:25:06follow them. That's just how we came up

2:25:08with the number.

2:25:09>> Okay.

2:25:09>> Is Is what I What I'm trying to say.

2:25:11>> Okay. That's clarification. That's what

2:25:12we're trying to get to.

2:25:17>> What What kind of impact or do you think

2:25:19there would be an impact if we increased

2:25:21the setback

2:25:22of just the power generation

2:25:25component?

2:25:27Increased it from the 500 ft to

2:25:29whatever.

2:25:30>> That That would be fine.

2:25:32>> Is this Is the power generation a big

2:25:33thing or is it kind of a small contained

2:25:35thing? Do you have any feel?

2:25:36>> It depends It depends on what type you

2:25:38do, you know? Um is it going to be gas

2:25:40generation? What is it going to be? And

2:25:44I In Increasing setbacks, you know,

2:25:47doesn't You're just further protecting

2:25:49the other properties around you, right?

2:25:51I mean, at some point it could um

2:25:55be a hardship on the subject property if

2:25:58they now have this huge amount of land

2:26:00that

2:26:03There I was going to say is unusable,

2:26:04but it's not because they could put

2:26:06other allowed uses within that buffer.

2:26:09So you're just creating a larger buffer.

2:26:11Um

2:26:13It It would be fine.

2:26:15>> Cuz my perception is the noise

2:26:16generation is what Or the Excuse me, the

2:26:19power generation creates the noise. It

2:26:20is the noise generation.

2:26:22Primarily.

2:26:23>> For sure.

2:26:24So I have a question. What's the normal

2:26:25setback for light industrial?

2:26:29>> It is I believe it is 50 ft for

2:26:32non-residential and 100 ft for

2:26:35residential.

2:26:36Or 150. Between 100 and 150.

2:26:41>> We're like almost five times that

2:26:42currently.

2:26:43>> Mhm.

2:26:46>> An increasing setback in this case,

2:26:48since there's a

2:26:49noise limit at the property line does

2:26:51not affect the noise. It's just going to

2:26:53affect the appeal. That's it.

2:26:55Because either way they have to meet

2:26:57that 57 decibel

2:26:59um so

2:26:59>> They could be louder if they're further

2:27:01away from the property line, right? But

2:27:02they just want to see

2:27:03>> as it gets to

2:27:04>> at the property line, yeah.

2:27:05>> Mhm. That's true.

2:27:06>> But it will help with the appeal, that's

2:27:08it.

2:27:08>> Yeah.

2:27:12>> [clears throat]

2:27:12>> Go back to the 10% growth. Is that from

2:27:15what is that going to be based off from

2:27:17the original permitting?

2:27:21>> Yes, because it's going

2:27:23Yes, because they're going to have to

2:27:25show us what their average

2:27:28daily use is. And so if they exceed that

2:27:32by 10% that will require a new specific

2:27:35use application.

2:27:38>> And I think probably the other

2:27:40covers it with the [snorts] PECT too, I

2:27:42would assume.

2:27:44>> I'm sorry, say it again.

2:27:45>> I said I imagine if they increased

2:27:47PECT would be involved as well.

2:27:49>> absolutely. Mhm.

2:27:52>> So we talked about

2:27:55So we postponed our action on this to

2:27:57date certain being this meeting.

2:27:59>> Yes.

2:28:00>> Okay. Can you help walk us through our

2:28:03options sitting here today before we

2:28:04start doing anything?

2:28:08>> Um

2:28:09so you could approve something. You

2:28:11could approve

2:28:13really anything, amend it. Um

2:28:16you can you certainly could if [snorts]

2:28:18you wanted to still discuss it. That

2:28:20still is this option for this

2:28:21commission. [clears throat]

2:28:23Um

2:28:26it it you know the what it impacts is it

2:28:28impacts us and I think do we have it

2:28:30even we have don't have it on an

2:28:33on a city council agenda yet.

2:28:35>> Not yet.

2:28:36>> It's right now we're thinking December.

2:28:37>> Yes.

2:28:39>> Um but so

2:28:41if you want the council to consider when

2:28:43did it might

2:28:44this might impact how the council will

2:28:47consider it because

2:28:48they have a meeting next week

2:28:50on the 10th and then they have two

2:28:52regular meetings on the 11th and the 8th

2:28:55of December and then they're done

2:28:58with they'll have one special meeting

2:28:59for

2:29:00relating to the moratorium on the

2:29:02December [clears throat] 10th, but

2:29:03beyond that

2:29:05then they're done.

2:29:07And I mean, I think the council's

2:29:09looking for this body for some ideas on

2:29:13that will also come in to where

2:29:14discussion on the moratorium as far as

2:29:16where we are looking for regulations. So

2:29:18they'll be looking for that type of

2:29:19information.

2:29:20But you as a body can sit there I mean,

2:29:23you probably I wasn't here for it, but I

2:29:25imagine how many meetings did y'all have

2:29:26when y'all were discussing the UDC as a

2:29:28whole, right, to do. So

2:29:31really it's completely up to y'all as to

2:29:33what you want to do tonight. If you want

2:29:35to if you want to you could have y'all

2:29:36could even schedule a special meeting if

2:29:38you wanted to schedule a special meeting

2:29:39just to discuss this.

2:29:41So it's really up to y'all as you've got

2:29:43all options on the table.

2:29:46>> Thank you.

2:29:53>> So

2:29:55I had some

2:29:57lengthy discussions with the guys at at

2:29:59LP&L

2:30:01regarding 100 MW, 75 MW, you know, down

2:30:04to 30 MW

2:30:06power usage and

2:30:08they're feeling and this is not this is

2:30:11not factual, but

2:30:13their feeling was that anybody gets

2:30:15close to 75 MW of demand for that

2:30:18they're going to anything

2:30:21close to that or over that, they're

2:30:24going to have to do some onsite power

2:30:25generation cuz

2:30:27bringing bring the power lines to them

2:30:29is going to cost

2:30:31going to be

2:30:33an excessive cost.

2:30:35And it also limits their locations.

2:30:37You know, limits the options where they

2:30:39can put this and

2:30:41and so

2:30:43I guess I guess

2:30:45to come around about if if you're

2:30:48getting anywhere anywhere close to where

2:30:50this this would apply,

2:30:52then they're going to definitely have

2:30:53power generation onsite

2:30:56in one form or another.

2:30:58So

2:31:04so I guess anything less than this

2:31:07I I the risk of the risk of sound

2:31:09[clears throat]

2:31:11noise levels being high would be a lot

2:31:13less

2:31:15under 75 than over 75.

2:31:18So.

2:31:19>> But if we're getting if it's under 75

2:31:21then they don't have to come here for

2:31:23this, correct?

2:31:24>> If it's under 75 and under 100,000

2:31:28gallons of water a day, if it's approved

2:31:31as a specific use, they would not have

2:31:32to come.

2:31:33>> And that's assuming Ercot doesn't change

2:31:36its definition under influence from

2:31:39the state government and the new in the

2:31:41new government that's coming in.

2:31:43>> Because as it's written here, we removed

2:31:45the 75 and said as defined by the Public

2:31:48Utility Commission and and Ercot.

2:31:50So yes, if they changed it, it would

2:31:52follow that.

2:31:52>> comes in puts in a new

2:31:55PUC and they define it as 30

2:31:58>> Mhm.

2:31:58>> it all changes.

2:31:59>> Yes.

2:32:00>> So.

2:32:02So there you go.

2:32:03>> Yeah, it's we're kind of in a flux and I

2:32:05understand exactly what you're asking.

2:32:08I understand what Tarek was putting too

2:32:10because right now there's no guardrails.

2:32:13You put some and are we ever really

2:32:15going to you know

2:32:18have all the answers to know because I'm

2:32:20sure there's going to be as you can see

2:32:22from other areas coming out as stuff

2:32:24comes out there's stuff they're going oh

2:32:27we didn't realize that or

2:32:32I mean what are y'all's thoughts on?

2:32:34>> I I feel the same way. I feel like it's

2:32:38it's a moving target and I think this is

2:32:41you guys have done a great job of

2:32:43hitting the target as best you can right

2:32:45now, but it is moving because of things

2:32:46like the PUC, because of

2:32:48the fact that you know two years ago if

2:32:50we had asked you to put together data

2:32:52center regulations, they would look

2:32:53completely different because there was

2:32:55just wasn't here and so who knows what

2:32:57it's going to look like in two years.

2:32:58So

2:33:01I'm kind of inclined to just say let's

2:33:03just do what we can right now.

2:33:05I've been in the in the business long

2:33:08enough to know that every ordinance that

2:33:09gets adopted you intend it to be a

2:33:11permanent ordinance when you it,

2:33:13and it might be amended [laughter] the

2:33:14very next meeting. I mean, that's and

2:33:16that's the nature of it. You got to keep

2:33:18things current. You have to amend and

2:33:20update and repeal and so forth. So,

2:33:23uh anyway, that's my

2:33:24that's my

2:33:25>> I I would

2:33:26I would think let's put together some

2:33:28kind of look at this like a framework

2:33:31and then because

2:33:33I think everything regarding data

2:33:35centers

2:33:36is going to change January, February.

2:33:39And so if we try if if if we either we

2:33:42delay it until January or February to

2:33:44see what actually happens or we put in a

2:33:46framework

2:33:48and then if it's unworkable,

2:33:50come back and amend it later.

2:33:52>> I I think that's probably the one at

2:33:54least to have something in place

2:33:57now at least have some restrictions.

2:34:00Not that anybody's going to get anything

2:34:01because of the moratorium, but what if

2:34:03it changed and then it kind of goes.

2:34:05>> Yeah. Cuz it's it's not just a city

2:34:07moratorium. It's a you know, Abbott put

2:34:10on a moratorium. And the new governor

2:34:12has has already said she's going to do

2:34:14that. So,

2:34:16>> And if for whatever reason that

2:34:18moratorium goes away, the city council

2:34:19can put one in for Lubbock until like we

2:34:22amend this to whatever we need it to be.

2:34:24>> Yes.

2:34:25>> I think I think they're either already

2:34:27done that or are going to do that.

2:34:29>> They are considering it. The first

2:34:31public hearing for a potential 90-day

2:34:33moratorium will be November 10th.

2:34:35>> Got you.

2:34:36>> Yeah.

2:34:37>> This yeah, it's just like we've had some

2:34:39public hearings, we've had some

2:34:40workshops.

2:34:41I I don't know if I've had a person yet

2:34:43jump up here behind the mic and say I'm

2:34:46I'm all for data centers and we need to,

2:34:48you know, pull back these restrictions.

2:34:49I just haven't heard any of that. Maybe

2:34:51they're out there.

2:34:53>> Data center

2:34:53>> But I'm kind of operating in a vacuum

2:34:54here if I haven't [clears throat] heard

2:34:55any of that. So, I have a hard time

2:34:58trying to push back on some of these.

2:34:59So,

2:35:00>> Sure.

2:35:04Other thoughts, comments?

2:35:06>> [snorts]

2:35:07>> I think we put this to vote.

2:35:08>> [clears throat]

2:35:10>> So, would

2:35:11>> Do you want to put do you want to amend

2:35:12it for

2:35:14what you were talking about

2:35:15>> The 1,000 ft for power generation?

2:35:17>> No.

2:35:17>> Or

2:35:20>> the more

2:35:21more specific definition of

2:35:23power use.

2:35:25>> Yeah, you could you could specifically

2:35:27um reference the ERCOT study.

2:35:30>> It's in there. Oh, no.

2:35:31>> them to submit the ERCOT study.

2:35:33>> the permitting.

2:35:34>> And I guess instead of saying

2:35:36instead of saying it may satisfy

2:35:38it shall it shall. There you go.

2:35:40>> Yep. We can do that.

2:35:42>> Thanks for letting me play attorney.

2:35:44>> No, that's fine.

2:35:45[laughter] So we basically need to make

2:35:47a motion to accept it with except for

2:35:50the amendment amending

2:35:53the permitting part for the power study

2:35:58shall be what ERCOT approves. I guess

2:36:01how would you word that?

2:36:02>> That the study required by ERCOT shall

2:36:06satisfy the requirement.

2:36:10>> [cough]

2:36:10>> I

2:36:11I move to approve this

2:36:14changing the wording on

2:36:16the ERCOT study shall satisfy the

2:36:20the needs of the city.

2:36:22>> And

2:36:23accept all other

2:36:25>> And accept and

2:36:27and

2:36:28all others and like and the PUC.

2:36:31Is that what you're

2:36:32>> That is

2:36:32>> Or all of

2:36:33>> So your your your initial motion can

2:36:34actually be

2:36:36move to approve the recommendation as

2:36:37presented by staff with that one change

2:36:40to requiring it that the the the power

2:36:43study

2:36:44required by ERCOT shall satisfy.

2:36:46>> That sounds good. Can you amend your

2:36:48motion for that?

2:36:50>> Sure.

2:36:51I move to approve this study

2:36:53[clears throat]

2:36:55presented by the staff

2:36:57with a one change of requiring an ERCOT

2:37:02study for the city.

2:37:04Is that close enough?

2:37:05>> I I think we're changing the word that

2:37:07the ERCOT study shall satisfy the power

2:37:08>> Shall satisfy the power

2:37:11>> You're just

2:37:11>> I'm not a lawyer, so

2:37:13>> [laughter]

2:37:15>> So question, we'll do this. So, you're

2:37:18second.

2:37:19>> I will second the motion to understand

2:37:21the motion

2:37:21>> Yeah, just just so long it

2:37:23I think we as staff understand and I

2:37:25think the

2:37:26>> Well, I was going to try to repeat it to

2:37:27see if I got it good.

2:37:28>> Okay.

2:37:29>> So, the motion was made to approve the

2:37:32recommendation as submitted

2:37:35with one exception and that being

2:37:37changing the power study

2:37:39shall be

2:37:41the power study submitted shall be

2:37:45the study allowed by Ercot, approved by

2:37:47Ercot. Is that close enough?

2:37:50[snorts]

2:37:51We're getting there. It's getting late.

2:37:56Okay.

2:37:57>> Huh?

2:37:57>> They said second.

2:37:59>> Oh, I did second.

2:38:00>> Yeah, that's it. That's

2:38:01>> Okay. Okay. Any other discussion?

2:38:11No, it's not a public hearing.

2:38:14This is not a public hearing. This is

2:38:15just a discussion we've already had the

2:38:16public

2:38:17>> Y'all already had your public hearing.

2:38:18>> So that So

2:38:20if

2:38:21Y'all ready to vote?

2:38:23>> Let's go.

2:38:27>> [snorts]

2:38:32>> Okay. The

2:38:35motion carries six to zero and will be

2:38:38presented to City Council, I guess at a

2:38:41yet to be determined time.

2:38:42>> December 1st.

2:38:43>> December 1st.

2:38:45That is all of our

2:38:47concludes tonight's agenda, but before

2:38:49we adjourn, I'd like to take a moment

2:38:52to recommend to recognize one of our

2:38:55outgoing commission members, Renee Cage.

2:38:59On behalf of the commission, I would

2:39:01want to thank you for your six years of

2:39:02dedicated service to the Planning and

2:39:04Zoning Commission. Your time,

2:39:06commitment, and willingness to serve our

2:39:08community are truly appreciated.

2:39:11It has been a pleasure having you as

2:39:13part of the commission and we wish you

2:39:14all of the very best.

2:39:19>> [applause]

2:39:23>> That concludes our meeting. It's 8:42

2:39:26and we are adjourned.

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