Jul 07, 2026 Planning & Zoning

[00:00:01]

AND START. I'LL HAVE TO JUST FILTER IT IN. LADIES, LADIES AND GENTLEMEN, I WANT TO

[CALL TO ORDER]

[PLANNING POLICIES AND PROCEDURES]

THE APPEAL WILL THEN BE ACTED UPON BY THE CITY COUNCIL. IF YOU'RE HERE TODAY TO SPEAK FOR OR AGAINST AN ITEM, PLEASE COME TO THE MICROPHONE. SPEAK. STATE YOUR NAME AND ADDRESS FOR THE RECORD. COMMENTS SHOULD BE LIMITED TO FIVE MINUTES OR LESS, ALTHOUGH EXTENSIONS OF TIME MAY BE GRANTED BY THE CHAIR UPON REQUEST. TWO THINGS IF YOU'RE HERE TO SPEAK ON THIS ITEM, PLEASE SPEAK TO THE COMMISSION. IT'S NOT AN OPPORTUNITY TO MAKE SPEECHES TO THE AUDIENCE. WE'RE THE ONES THAT ARE GOING TO LISTEN TO YOUR INFORMATION AND TRY TO MAKE A DECISION ON THIS ITEM. SO. SO PLEASE RESPECT. RESPECT THAT. I HAVE ALMOST NEVER IMPOSED A FIVE MINUTE TIME LIMIT, BUT WE HAVE A HUGE CROWD. THERE ARE OTHER ITEMS ON THE AGENDA BESIDES THE ITEM THAT MOST OF YOU PROBABLY CAME HERE FOR. SO IF YOU HEAR SOMEBODY MADE COMMENTS THAT YOU'VE ALREADY HEARD OR YOU FEEL HAVE BEEN HEARD AND DISCUSSED, YOU MIGHT REMEMBER WHAT DAVID BYRNE SAID. SAY ONE THING ONCE, WHY SAY IT AGAIN? SO WE'RE GOING TO TRY TO GIVE EVERYBODY WHO WANTS TO SPEAK AN OPPORTUNITY TO SPEAK. BUT THERE, THERE IS THE THE DAY DOES COME TO AN END SOONER OR LATER, AT THE CONCLUSION OF THIS MEETING, THERE'LL BE A WORKSHOP WHICH WE ALWAYS HAVE TO PLAN FOR NEXT MONTH'S MEETING. AND THAT THAT THAT MEETING IS OPEN TO THE PUBLIC, AS ARE ALL OF OUR MEETINGS. AND IT WILL BE HELD ACROSS THE STREET AT THE TYLER DEVELOPMENT CENTER AT 423 WEST FERGUSON, IN THE LARGE CONFERENCE ROOM. THE NEXT ITEM

[CONSIDERATION OF THE MINUTES FROM THE COMMISSION MEETING OF]

[ZONING]

[00:05:05]

IF CLARIFICATION IS NEEDED ON A SPECIFIC ASPECT OF THE APPLICATION, THE COMMISSION MAY ASK THE APPLICANT TO PROVIDE ADDITIONAL INFORMATION DURING THE HEARING. THE COMMISSION WILL THEN MAKE A RECOMMENDATION TO CITY COUNCIL WHO RENDERS THE FINAL DECISION. THANK YOU. CARL.

ANY QUESTIONS FOR CITY STAFF? WE WE APPRECIATE YOUR COMMENTS. I'M GOING TO START THIS HEARING BY CALLING WHAT I BELIEVE TO BE THE APPLICANT FOR THIS CASE, AND THAT WOULD BE MARK BUNSON.

I'M GOING TO. MR. CHAIR, PRESENT PRESENT THE ITEM FIRST, AND THEN WE'LL WE'LL HAVE THE APPLICANT COME UP. SO THIS TIME I'M GOING TO PRESENT Z ONE, WHICH IS A SPECIAL USE PERMIT REQUEST FOR A DATA CENTER AT 1101 AND 1105 WEST ERWIN STREET. THIS COURT FOR BARRIO RESOURCES, LLC. THE SPECIAL USE PERMIT OR SPECIAL USE PERMITS ARE REVIEWED FOR OVERALL COMPATIBILITY OF THE PROPOSED SPECIAL USE WITH SURROUNDING PROPERTY TO MAKE SURE THAT THE IMPACT OF THAT USE IS MINIMAL AND HAS LITTLE TO NO ADVERSE IMPACT ON NEARBY PROPERTY. THE DESIGN, LOCATION AND OPERATING PLANS MUST BE SUCH THAT THE SAFETY OF THE PUBLIC IS PROTECTED, AND THE REVIEW MUST CONSIDER THE PROPOSED SPECIAL USE AND THE ADJACENT LAND WITHIN 200FT. AS YOU SEE HERE, THIS IS THE PROPERTY IN QUESTION. THE. THE SURROUNDING PROPERTIES TO THE NORTH ARE GENERALLY DEVELOPED, DEVELOPED WITH SINGLE FAMILY HOMES, AND THEN TO THE SOUTH AND EAST AND WEST ARE ZONED FOR INDUSTRIAL USE TO THE WEST IS DEVELOPED WITH A AUTO REPAIR USES AND TO THE EAST IS A RAILROAD CORRIDOR AS WELL AS. AS AN ENCORE SUBSTATION. TO THE SOUTH IS A MANUFACTURING PLANT FOR. FOR FLOWERS BAKERY. AS YOU SEE THE PROPERTY HERE YOU CAN SEE THE SURROUNDING PROPERTIES. THE. THE CHARACTER OF THE STREETSCAPE THERE. AND ON THIS MAP YOU CAN SEE THE, THE OVERHEAD VIEW OF THE ADJACENT DEVELOPMENT, WHICH LIKE I MENTIONED, YOU SEE SINGLE FAMILY HOMES TO THE NORTH AND WEST, AND THEN SOME MORE COMMERCIAL USES TO THE SOUTH AND EAST. THE APPLICANT HAS PROPOSED OPERATING CONDITIONS WITH THEIR SPECIAL USE PERMIT. SO WITH WITH ANY SPECIAL USE PERMIT, THE THE APPLICANT IS REQUIRED TO SUBMIT STANDARDS THAT THEY WILL BE, YOU KNOW, TIED TO OR HELD TO IN TERMS OF ENFORCEABILITY. THEY ALSO ARE REQUIRED TO PREPARE A SITE PLAN.

SO I'M JUST GOING TO RUN DOWN SOME OF THE SUMMARY OF WHAT THE APPLICANT HAS PROPOSED AS THEIR OPERATING CONDITIONS FOR THIS DATA CENTER. THEY HAVE IDENTIFIED THE THE USE AS A HIGH CAPACITY COMPUTING DATA CENTER FACILITY WITH A MAXIMUM CAPACITY OF 12MW. THEY DO PROPOSE A CLOSED LOOP GLYCOL SYSTEM WITH NO MUNICIPAL WATER USE FOR ANY OPERATIONS. THE.

THE CONDITIONS ALSO STIPULATE THAT THERE WILL BE NO GENERATORS ON SITE FUEL STORAGE OR COMBUSTION COMBUSTION EQUIPMENT, AND. THEY ALSO PROPOSE TO MEET THE. THE MINIMUM CODE FOR. FOR NOISE COMPLIANCE. ALSO, THE SITE IS PROPOSED TO BE ENCLOSED BY AN EIGHT FOOT SOLID FENCE WITH A BARBED WIRE ON TOP, AND TO MEET ALL THE REQUIREMENTS FOR LIGHTING. AND FINALLY, THE. THE SITE PROPOSES TO BE STAFFED CONTINUOUSLY WITH 1 TO 2 EMPLOYEES AT ALL TIMES. LIKE I MENTIONED, THESE. THESE OPERATING CONDITIONS ARE WHAT WOULD BE CONSIDERED WITH THIS APPLICATION. ANY DEVIATION TO THESE CONDITIONS WOULD NEED TO BE REEVALUATED AND AND APPROVED. IF. IF NECESSARY, THE APPLICANT, LIKE I MENTIONED, SUBMITTED A SITE PLAN AS YOU SEE HERE, WHICH SHOWS THE THE DEVELOPMENT OF THE SITE WHERE THEY PLAN TO ADD THE OUTDOOR EQUIPMENT, THE THE COOLING COOLING UNITS AND THE, THE DATA SERVERS, AS YOU SEE THERE ON THE IN THE RED BOX, STAFF NOTES THAT THE THE DISTANCE FROM THIS AREA TO THE NEAREST PROPERTY LINE THAT'S USED FOR RESIDENTIAL USE IS APPROXIMATELY 103FT. THE SITE PLAN, AS YOU SEE, SHOWS PRESERVATION OF TREES ALONG THE NORTH SIDE, AS WELL AS A BUFFER

[00:10:04]

[00:15:03]

STAFF DID RECEIVE A NUMBER OF RESPONSES FROM INDIVIDUALS CONCERNED ABOUT THE GENERAL IMPACTS OR EFFECTS OF DATA CENTER DEVELOPMENT WITHIN TYLER. STAFF HAS PERFORMED A TECHNICAL REVIEW OF THE REQUEST AND FINDS THAT IT IS INCONSISTENT WITH THE APPROVAL CRITERIA AND THE LAND USE GOALS OF THE TYLER TOMORROW COMPREHENSIVE PLAN. THE SITE'S PROXIMITY TO EXISTING HOMES, THE CONTINUOUS OPERATION OF MECHANICAL COOLING EQUIPMENT AND THE POTENTIAL FOR ONGOING NOISE CONFLICTS CREATE UNCERTAINTY AS TO WHETHER THE USE CAN OPERATE WITHOUT ADVERSELY AFFECTING NEIGHBORING PROPERTIES. STAFF RECOMMENDS DENIAL OF THIS REQUEST. THANK YOU, KYLE, FOR THAT. THOSE REMARKS. I APOLOGIZE FOR GETTING AHEAD OF MYSELF. ANY QUESTIONS FOR CITY STAFF? MR. KING, KYLE, YOU MENTIONED THE NOISE STUDY, BUT NOT BEING ABLE NOT PROVIDING INFORMATION ON WHAT CRITERIA WAS USED FOR THAT STUDY OR THE METHODOLOGY OF THE STUDY. DO YOU HAVE ANYTHING CAN YOU ELABORATE ON THAT OR. WELL, SURE. SO YES, THE APPLICANT PREPARED A NOISE STUDY. THE PROPOSED OPERATING CONDITIONS FOR THE SPECIAL USE PERMIT ARE OR DO NOT REFLECT THE RESULTS OF THAT STUDY. THEY ARE. THEY JUST STIPULATE THAT THEY WILL COMPLY WITH THE MINIMUM OR MAXIMUM NOISE PERMISSIBLE UNDER THE ORDINANCE. I HAVE ANOTHER QUESTION. SUP INDEFINITE SUP. HOW MANY OF THOSE HAVE WE GONE THROUGH? PLANNING AND ZONING COUNCIL APPROVED IN THE PAST SIX YEARS. I'M AWARE OF ONE INDEFINITE SPECIAL USE PERMIT, WHICH WAS FOR A INDOOR MINI PUTT OR MIGHT NOT HAVE AN INDOOR OUTDOOR MINI PLANT OPERATION OR ACTIVITY. AND GENERALLY THE. THE DURATION OF A SPECIAL USE PERMIT IS ESTABLISHED BY THE CITY COUNCIL. GIVEN THE. THE FACTORS SPECIFIC TO THE. THE PROPOSED OPERATION ACTIVITY. TYPICALLY, THEY ARE IMPROVED FROM 1 TO 5 1 TO 3 YEARS INITIALLY, DEPENDING ON THE PROPOSED IMPACT AND WHETHER CITY COUNCIL FELT LIKE THEY. THEY WANT TO REVIEW THAT ON A MORE TIMELY BASIS OR RECURRING BASIS, BUT IT. IT'S RATHER RARE TO APPROVE AN INDEFINITE S P DATING PERIOD. SEE IF WE'RE. GOOD MATCH BASICALLY. OKAY. THANK YOU, MR. NGUYEN. ANY OTHER QUESTIONS FOR CITY STAFF? KYLE, CAN YOU FURTHER EXPLAIN? I'M NOT QUITE SURE I UNDERSTOOD THE DIFFERENCE IN THE 200 FOOT RADIUS AND THE 300 FOOT RADIUS. YOU WENT FROM 200 TO 300 ON THE NOISE REQUIREMENT. ON THE NOISE REQUIREMENT? YES. THIS FOR HERE OR FURTHER BACK UP A COUPLE OF SLIDES BACK. SO. GO BACK TO. RIGHT HERE. OKAY, SO WE GOT TALKED ABOUT 200 AND THEN WENT TO 300 FOR CERTAIN ONES. RIGHT. SO IN EVALUATING THE WHAT MIGHT BE A MORE COMPATIBLE SEPARATION BETWEEN RESIDENTIAL USE AND A. A DATA CENTER OR A USE THAT IS EXPECTED TO GENERATE 24, SEVEN, YOU KNOW, NOISE OR IMPACTS THE, THE CODE FOR SIMILAR OPERATIONS, SUCH AS A OIL AND GAS WELL, WHICH MIGHT OPERATE ON MORE CONTINUOUS BASIS, LIKE A LIKE THIS MIGHT THE CODE HAS POLICY GUIDANCE THAT THAT PROHIBITS ANY, ANY HOMES WITHIN 300FT OF THAT. SO ESSENTIALLY THERE'S SOME GUIDANCE THAT IN THE ORDINANCE ALREADY THAT THAT SHOWS THAT 300FT MIGHT BE THE THE APPROPRIATE DISTANCE BETWEEN THESE TYPES OF ACTIVITIES. WHAT I'M SHOWING, WHAT WE'RE SHOWING HERE ON THIS SLIDE IS THE ACTUAL DISTANCE BETWEEN THE, THE NEAREST HOUSE

[00:20:06]

YEAH. TWO WAYS OF MEASURING WHAT 300FT COULD BE. DO WE HAVE A SOUND STUDY OF SOMETHING LIKE THE OIL AND GAS TALKING ABOUT LIKE PUMPJACKS COMPARED TO THE ONE THAT WE HAVE HERE. NOW WITH THIS STUDY. SO FOR. WELL, I'M NOT SURE THE IN THE ORDINANCE, OIL AND GAS WELLS ARE LIMITED TO. THEY HAVE A, A NOISE LEVEL, WHICH IS 65DB WITHIN A 300 FOOT RADIUS. AND SO IT'S ACTUALLY A HIGHER STANDARD THAN THE, THE MINIMUM CODE OF 75. AND SO THERE'S ALREADY PRECEDENT THAT A CONTINUOUS OPERATION SUCH AS OIL OR GAS WELL, MUST OPERATE FURTHER FROM FROM HOMES AND OTHER COMMERCIAL BUSINESSES AND MUST EXCEED THE THE NOISE ORDINANCE OR THE MAXIMUM ALLOWABLE NOISE. LIKE I MENTIONED IN THERE, THE SOUND STUDY, THEY THEY DO PROPOSE OR THE SOUND STUDY DOES IDENTIFY BASED OFF THE THE EQUIPMENT THAT WAS MODELED. AND THE APPLICANTS HERE, THEY CAN THEY CAN KIND OF TALK THROUGH ALL THIS AS WELL, PROBABLY MORE DETAIL THAN I CAN. BUT. STAFF NOTES THAT THE, THE ACTUAL PROPOSED CONDITION AND THE ENFORCEABLE STANDARD IS, IS THE MAXIMUM ALLOWABLE BY, BY CODE AND NOT THE ANTICIPATED NOISE LEVEL THAT'S BEEN PRESENTED. SO THE OIL AND GAS AS A HIGHER STANDARD TO MEET. AND THEN IN THIS PROPOSING THE APPLICATION, THEY'RE SAYING THE APPLICANT IS STILL SAYING THAT WHAT THEY'RE PROPOSING IS BELOW EVEN THE LOWER STANDARD. THE APPLICANT PROPOSES NO HIGHER STANDARD. SO THE APPLICANT, THE APPLICANT DOES NOT PROPOSE A STANDARD THAT'S HIGHER THAN THE MINIMUM CODE. SO THERE'S NO IT'S NOT THEY'RE NOT PROPOSING THAT. THEY'RE GOING TO GO TO THE 65 AS THE STANDARD FOR OIL AND GAS. CORRECT. OKAY. SO THE 300 FOOT IS THE DIFFERENCE THERE FOR OIL AND GAS. BUT THIS ONE IS NOT GOING TO GET THAT HIGH ACCORDING TO THE STANDARD. OKAY.

THANK YOU. THANK YOU, MR. MARTINEZ. ANY OTHER QUESTIONS FROM CITY STAFF OR CITY STAFF? KYLE, DO WE KNOW DOES FLOWERS BAKER BAKERY RUN 24 OVER SEVEN? DO THEY OPERATE 247? I'M NOT I'M NOT SURE. I'M NOT AWARE. I BELIEVE THEY'RE HERE, THOUGH. APPARENTLY THEY DO. YES, MA'AM.

YES. THERE SEEMS TO BE A GENERAL AWARENESS OF HOW HOW THEY HOW THEY OPERATE. ANY OTHER QUESTIONS FOR FOR CITY STAFF. ANY OTHER QUESTIONS FOR CITY STAFF? ALL RIGHT. I GOT AHEAD OF MYSELF A MOMENT AGO. THE FIRST SPEAKER IS MR. BRINDISI. IS IS HE HERE?

[00:25:10]

OKAY. THANK YOU EVERYONE. MY NAME IS MARK. I'M THE OWNER OF VULCAN CORE LLC. THANK YOU FOR THE OPPORTUNITY TO HEAR OUT OUR REQUEST. SO WHO IS VULCAN CORE LLC? WHAT DO WE DO? WHO ARE WE? WE DEVELOP AND OPERATE INDUSTRIAL DATA PROCESSING FACILITIES. WE'VE GOT LOCATIONS IN BUFFALO, NEW YORK, IN FLORIDA, AND ALSO IN NORTH CAROLINA. DON'T TAKE MY WORD FOR IT. BUT WE REALLY, TRULY TRY TO BE THE BEST NEIGHBORS THAT WE CAN BE. SO OUR LANDLORD, KEVIN CALLAHAN, WAS SO KIND TO WRITE A RECOMMENDATION AS TO HIS EXPERIENCE WITH US, WHICH INCLUDED NO NOISE COMPLAINTS, NO COMPLAINTS OF ANY KIND FROM ANY OF THE TENANTS AND OR NEIGHBORS. ON A PERSONAL NOTE, I WANT TO MOVE TO TYLER, TEXAS. I WANT TO BE A PART OF THIS COMMUNITY. WHEN I FIRST GRADUATED FROM UNIVERSITY, I WANTED. I WAS A FIELD ENGINEER AND ONE OF MY FIRST ASSIGNMENTS IT WAS TO COME TO DALLAS, TEXAS, TO WORK AT SIMPSON STRONG TIE.

FROM THAT DAY ON, I LOVE TEXAS, THE PEOPLE, THE CULTURE, THE FOOD. SOMETHING ABOUT IT JUST GOT A SPECIAL PLACE IN MY HEART. AND THEN TEN YEARS DOWN THE LINE, I HAVE AN OPPORTUNITY TO COME HERE AND OPERATE HERE. BUT WHY HERE IN SPECIFIC? SO AS YOU CAN SEE FROM THE PICTURE HERE, THE SUBSTATION IS RIGHT THERE. IT'S ACROSS THE RAILROAD TRACK. IT'S BASICALLY TOUCHING THE PROPERTY. TWO IS THE WORK FOR ENCORE HAS ALREADY BEEN COMPLETED. IT WAS STARTED IN FEBRUARY OF 2025 AND COMPLETED JULY 1ST OF 2025. SO THAT BEING LAST YEAR. LASTLY, IT IS ZONED LIGHT INDUSTRIAL M1. WE BELIEVED WHEN WE WERE GETTING INTO THIS PROJECT AND CONTINUE TO BELIEVE THAT THE USE CASE IS APPLICABLE FOR THIS ZONE. BUT HOW DID WE GET HERE? YEAH, THERE'S BEEN A LOT OF TIME, MONEY AND ENERGY THAT'S BEEN SPENT ON OUR PART TO GET TO THE POINT THAT WE'RE AT CURRENTLY, IN APRIL OF 2024, THE CURRENT LANDOWNER REACHED OUT TO THE CITY TO REQUEST APPROVAL FOR THIS TYPE OF PROJECT. IT WAS APPROVED UNDER THE UNDERSTANDING THAT SPECIAL USE PERMIT, IT WAS NOT NEEDED AT THAT POINT IN TIME. IN 2024 AND 2025, WE SPENT QUITE A BIT OF MONEY ENERGY TO GIVE THE PROPERTY A LITTLE BIT OF TLC, A LITTLE BIT OF CLEANUP, AND TO PROGRESS THE PROJECT FORWARD, DURING WHICH TIME ENCORE COMPLETED THEIR PROJECT, WHICH WE PAID FOR OUT OF POCKET AGAIN FROM FEBRUARY OF 25 UNTIL JULY OF 25. IN JUNE. ON JUNE 27TH, KYLE HAD NOTED THAT WE DO NEED THE SPECIAL USE PERMIT. WE ASKED FOR ADDITIONAL CLARIFICATION AND JULY 23RD WE RECEIVED A CONFIRMATION FROM SOMEONE WITHIN CITY PLANNING AND ZONING. THAT SPECIAL USE PERMIT IS NOT REQUIRED IN APRIL OF 2026 IS WHEN WE STARTED OUR APPLICATION PROCESS. FROM OUR UNDERSTANDING, THE SPECIAL USE PERMIT DOES HAVE A PROCESS AND WE HAD TO IDENTIFY ANY POTENTIAL ADVERSE IMPACTS OF THE PROJECT, ANALYZE AND MITIGATE ANY OF THE POTENTIAL ADVERSE IMPACTS OF THE PROJECT, AND DEVELOP CONDITIONS TO OPERATE, AND FOR WHICH CASE WE DEVELOP 15 CONDITIONS THAT WE ARE READY TO CONFIRM AND TO ABIDE BY. WE WANT TO BE HELD ACCOUNTABLE FOR HOW WE OPERATE THE CENTER. THERE ARE SOME BIG CONCERNS WHEN IT COMES TO DATA CENTERS AND BITCOIN MINING, OR ANYTHING OF THE SORT. ONE OF THE BIGGEST ONE IS WATER. WE DON'T PLAN TO USE ANY MUNICIPAL WATER WHATSOEVER OUTSIDE OF REGULAR OFFICE USE, SINK, TOILETS, THINGS LIKE THAT. IT IS A CLOSED LOOP SYSTEM THAT UTILIZES 80% DISTILLED WATER AND 20% GLYCOL IS A BIODEGRADABLE ANTIFREEZE SOLUTION. AGAIN MAXIMIZING THE PURSUIT OF BEING RESPONSIBLE BUSINESS LEADERS. THE NEXT POINT IS ELECTRICITY. THE ELECTRICITY. AS I SAID, IT'S

[00:30:06]

SO A VERY NEGLIGIBLE IMPACT THAT ISN'T EVEN NOTICEABLE. YEAH. IN REGARDS TO COMMUNITY OUTREACH AND COMMUNITY INPUT, AGAIN, WE WANT TO BE TRANSPARENT. WE WANT TO BE OPEN.

AND WE REACHED OUT TO THE COMMUNITY. WE HAVE CANVASED THE SURROUNDING HOUSES. WE KNOCKED ON DOORS. WE TRIED TO COMMUNICATE WITH THEM BEST WE CAN. IF WE DIDN'T GET ANY ANSWERS, WE DID MAIL OUT INFORMATION. FURTHERMORE, ON JUNE 15TH, WE DID HAVE A COMMUNITY MEETING WHERE ABOUT 90 QUESTIONS WERE ANSWERED OVER THE COURSE OF TWO HOURS AS WELL AS WE DID GET FOLLOW UP FROM THERE AS WELL. AND THERE WAS A REOCCURRING THEME IN THE INFORMATION THAT WE RECEIVED. DID GET QUITE A FEW RESUMES, AND THOSE RESUMES, THEY'RE, YOU KNOW, NEWLY GRADUATED, SOME COLLEGE EXPERIENCE OR NO COLLEGE EXPERIENCE, THERE IS THERE IS INTEREST FROM THE COMMUNITY TO LEARN ABOUT THESE TYPES OF PROJECTS IN TERMS OF WORKFORCE DIVERSIFICATION, THIS COULD BE A GOOD FIT FOR TYLER IN REGARDS TO THE EMPLOYMENT AND COMMUNITY CONNECTIONS. WE DO PLAN ON DOING 7 TO 10 FULL TIME TECHNICAL JOBS, PAYING BETWEEN 25 AND $45 AN HOUR. THERE'S A SPECIAL PLACE IN MY HEART, TRULY, FOR INTERNS AND THOSE THAT ARE LOOKING TO EDUCATE THEMSELVES AND TO GROW. AND BECAUSE OF THAT, WE DO WANT TO PARTNER WITH TYLER COLLEGE AND UT TYLER FOR COMPUTER SCIENCE, AS WELL AS ENGINEERING CO-WORK IN TERMS OF COMMUNITY FINANCIAL CONTRIBUTION, THE PREVIOUS LAND, THE ANNUAL REVENUE FROM THE TAXES WAS ABOUT $2,000 PER YEAR DIRECTLY TO TYLER. WITH THE WAY THAT WE OPERATE, WE PLAN ON CONTRIBUTING OVER $100,000 PER YEAR TO THE CITY OF TYLER DIRECTLY, OR OVER $1 MILLION OVER THE COURSE OF TEN YEARS. $1 MILLION THAT'S THAT COULD BUY A NEW FIRE TRUCK THAT COULD FIX A LOT OF POTHOLES. MILLION DOLLARS IS A SIGNIFICANT AMOUNT OF MONEY TO GO DIRECTLY TO THE CITY OF TYLER. AS I'VE EMPHASIZED, WE WANT TO BE GOOD NEIGHBORS. IF YOU TAKE A LOOK AT THE PICTURE FURTHEST TO THE LEFT, WHAT THE PROPERTY LOOKED LIKE WHEN WE FIRST ACQUIRED IT, IT NEEDED A LITTLE BIT OF TLC. THAT'S WHAT WE'VE SHOWN THROUGH ACTION OVER THE COURSE OF THE PAST COUPLE OF YEARS IN TERMS OF CLEANING UP THE PROPERTY AND AGAIN ON COURT, DOING THE WORK THAT THEY NEED TO DO PROPERTY IN THE FUTURE. WE WANT TO CONTINUE BEING GOOD NEIGHBORS. WE WANT TO IMPROVE THE CURB APPEAL TO IT. WE WANT TO FIX UP THE BUILDING. IT NEEDS TO LOOK PRETTY. MY COMMITMENT TO YOU. THERE'S 15 OPERATIONAL CONDITIONS THAT WE HAVE SET OUT AND THAT WE'RE READY TO SIGN FOR AT ANY POINT IN TIME. IF THERE ARE ADDITIONAL CONDITIONS UNDER WHICH YOU WOULD CONSIDER APPROVAL OF THIS SPECIAL USE PERMIT, WE ARE OPEN TO THEM AS PERSONAL COMMITMENT. I REALLY DO LOOK FORWARD TO MOVING TO TYLER AND BEING A GREAT NEIGHBOR WITH YOU GUYS. SO IN CONCLUSION, I APPRECIATE YOUR TIME AND I HOPE THAT YOU CONSIDER APPROVAL OF THIS PROJECT. MY NAME AND NUMBER HAS BEEN LISTED UP HERE. FEEL FREE TO REACH OUT ANYTIME. BUT OUR SUCCESS REALLY DOES DEPEND ON BEING A GOOD NEIGHBOR. THANK YOU MISTER. THANK YOU. MARK. ANY QUESTIONS FOR THIS GENTLEMAN? MARK, COULD YOU GO BACK TO THE DIAGRAM THAT YOU SHOWED ON THE NOISE? AND I JUST WANT TO MAKE SURE I UNDERSTAND THAT YOU, YOUR NOISE ENGINEER CONSULTANT, WHEN THEY THE GREEN LINE IS YOU. BUT THAT'S SHOWING THE PEAK OF WHAT THE NOISE OF THE TRAIN WHEN IT GOES THROUGH THERE. NO. SO THE RED LINE AT THE TOP, THAT IS THE AMBIENT CONDITIONS OF THE NOISE. SO YOU SEE SOME PEAKS HERE AND THERE. THAT IS THE NOISE OF THE TRAIN GOING THROUGH. YOU'LL SEE

[00:35:05]

AND TO CLARIFY, THAT GREEN LINE WOULD REPRESENT US IF WE WERE OPERATING AT FULL BORE. THAT'S ONLY ABOUT 3% OF THE YEAR. THESE DRY COOLERS, THEY'RE USED TO COOL DOWN THE MEDIUM, THE DISTILLED WATER MIXED WITH GLYCOL, AND AT NIGHT IT'S NOT AS HOT DURING THE WINTER, IT'S NOT NEARLY AS HOT. YOU DON'T HAVE TO RUN THESE THINGS FULL BORE. OKAY. AND SO THAT AMBIENT TEMPERATURE WOULD IT OR NOISE LEVEL, WOULD IT BE ADDITIONAL WOULD YOUR NOISE BE ADDITIONAL TO THAT AMBIENT? WOULD IT RAISE. SO THE WAY THAT NOISE IS ADDED TOGETHER, IT'S A LOGARITHMICALLY ADDED TOGETHER. IT'S NOT, YOU KNOW, 35DB PLUS 45DB. IT'S NOT 80. IT'D BE THE LOG OF I'M NOT GOING TO USE THE EXACT TERMINOLOGY, BUT ACCORDING TO OUR STATS REPORT BY HOOVER AND KEITH, THAT WOULD LEAD TO RESULTS OF SOMEWHERE AROUND 45.5DB. SO HALF A DECIBEL INCREASE. AND ALSO IN YOUR OTHER LOCATIONS, HAVE YOU EVER ARE YOU DO YOU HAVE PAST PRESIDENT OF BEING THAT CLOSE TO HOMES RESIDENTIAL? WE DO. YES. ONE OF OUR LOCATIONS. IT'S AT A IT'S IN BUFFALO AT A PLATE FACTORY OR WHAT USED TO BE A PLATE FACTORY. AND THE NEIGHBORS THERE ACROSS THE STREET, THEY'RE NOT A SINGLE COMPLAINT. WE'VE BEEN OPERATING THERE SINCE EARLY 2023. THANK THANK THANK YOU SIR. ANY OTHER QUESTIONS FOR MR. MARK? JUST FOR CLARIFICATION ON THE BOTTOM THERE TO GIVE RESPECTIVE PERSPECTIVE, IF YOU WILL, OF WHAT THE DECIBEL IS. YOU'RE SAYING THAT 35 THAT'S THE FACILITY NEAREST AT THE NEAREST HOME. IS THAT AT THE STRUCTURE OR THE PROPERTY LINE? THAT'S FROM THE STRUCTURE. OKAY. TO THE NEXT STRUCTURE. CORRECT. OKAY. AND THEN THE NOISE LEVEL ITSELF, THE 30 AND THE 45, YOU SAY QUIET BEDROOM AT NIGHT AT 45. IS THAT WITH LIKE THE AC AIR CONDITIONER OR FANS RUNNING INSIDE A QUIET BEDROOM? I'M JUST TRYING TO GET PERSPECTIVE. THAT WOULD BE LIKE LESS THAN A FAN RUNNING. IT'S TO PUT IT IN PERSPECTIVE, THIS ROOM HERE AT BALLPARK IS PROBABLY AROUND 60DB. OKAY. OKAY, THANKS. THANKS. ANY OTHER ANY OTHER QUESTIONS FOR THIS GENTLEMAN? I DO HAVE ANOTHER QUESTION. I'M SORRY, WHAT'S THE TIME FRAME ON CONSTRUCTION? IF YOU HAD IF YOU START, WHAT'S YOUR EXPECTED CONSTRUCTION PERIOD? CONSTRUCTION WOULD BEGIN MOST LIKELY LATE SEPTEMBER AND WOULD BE ABOUT A 3 TO 6 MONTH PROCESS. AT THE END OF THE DAY, IT'S A COUPLE OF TRANSFORMERS AND EIGHT CONTAINERS THAT'S BEING BROUGHT IN, NOT TOO TOO MUCH TO IT. IT REALLY IS A LOW IMPACT TYPE OF INDUSTRY. I DID UNDERSTAND THAT THE EXISTING BUILDING THAT'S ON THE PROPERTY IS TO BE IN OFFICE. SOME OF IT WILL BE CONVERTED TO OFFICE SPACE. MOST OF IT'S QUITE FRANKLY, ISN'T GOING TO BE USED. WE DIDN'T WANT TO DEMOLISH IT.

WE DIDN'T WANT TO GO THROUGH THAT PROCESS. BUT WE DO FULLY INTEND ON MAKING IT LOOK PRETTY BECAUSE IT HAS TO. HOW MANY CARS DID YOU TAKE OFF THAT. NOTICE THE PICTURE OF THE PREVIOUS. HOW MANY OF THOSE CARS DID YOU HAVE TO REMOVE IF I HAD TO BALLPARK. SO I KNOW ABOUT BETWEEN 40 AND 50 000 WAS SPENT ON THE TLC TENDER LOVING CARE OF THE PROPERTY, BUT I DON'T KNOW EXACTLY HOW MANY. I THINK 80 OR SO. TO FURTHER THAT POINT, WE ALSO DID HAVE TO CONDUCT A PHASE TWO ENVIRONMENTAL STUDY TO ENSURE THAT THERE WERE NO HAZARDOUS MATERIALS, NO MOTOR OILS, NO DECAYING PARTS, ANYTHING LIKE THAT. BUT YEAH, I'D LIKE TO THINK THAT WE'VE DONE A GOOD JOB THUS FAR, AND WE'VE SHOWN IT THROUGH ACTION. THANK YOU.

ANY OTHER QUESTIONS FOR THIS GENTLEMAN? THANK YOU. THANK YOU FOR YOUR TIME AND PRESENCE. THE NEXT NAME I HAVE ON MY LIST IS BOB WESTBROOK. MR. WESTBROOK. I'M BOB WESTBROOK, AND I LIVE AT ABOUT 41, 16 PINE CREEK DRIVE HERE IN TYLER, TEXAS. THANK YOU, MR. CHAIRMAN.

COMMISSIONERS, YOU HAVE A YOU OPERATE UNDER SOME VERY STRICT GUIDELINES THAT YOU FOLLOW WHEN YOU VET A PROJECT. DATA AND FACTS ARE GATHERED OUTSIDE OF THE EMOTIONAL IMPACT OF WHAT ANY PROJECT COULD HAVE ON A COMMUNITY AND COUNCIL DEPENDS HEAVILY ON WHAT RECOMMENDATIONS COME OUT OF THIS, THIS BODY. AND SO YOUR DISCIPLINES EARN THAT RESPECT AND ALSO OF STAFF'S RECOMMENDATIONS ALSO TO IN THE BUSINESS COMMUNITY ALSO DEPENDS ON THESE DISCIPLINES

[00:40:06]

I'M HERE TO RESPECTFULLY ASK THAT YOU DENY THIS PERMIT. LIVING AT 707 SOUTH CHILTON AVENUE, THE BRICK STREETS. IT'S ABOUT 8/10 OF A MILE FROM THIS SITE. WE SPEND MORNINGS AND EVENINGS OUTSIDE. WE SPECIFICALLY PICK THIS AREA DUE TO THE QUIET AND THE PEACEFUL NATURE THAT WE HAVE IN TYLER AND THE WONDERFUL AMENITIES. TYLER HAS INVESTED SIGNIFICANTLY IN REVITALIZING DOWNTOWN, AS WE ALL KNOW, AND ATTRACTING YOUNG FAMILIES, RESIDENTS AND BUSINESSES. AS WE HEARD IN THE MAYOR'S RACE, AN INDEFINITE SPECIAL USE PERMIT FOR A 24 HOUR DATA CENTER DOES NOT ALIGN WITH THAT VISION OR REPRESENT THE HIGHEST AND BEST USE OF THE PROPERTY. I'M CONCERNED ABOUT THE LONG TERM QUALITY OF LIFE FOR NEARBY RESIDENTS AND WORKERS, PARTICULARLY DUE TO CONTINUOUS NOISE THAT IS PRODUCED. THE NUMBERS THAT I HAVE LOOKED UP DO NOT ALIGN WITH THE NUMBERS THAT I HAVE HEARD TODAY. I DON'T HAVE TIME TO TALK ABOUT THAT. THE SPECIFIC TYPE OF LOW FREQUENCY NOISE THAT EMITS FROM THESE UNITS HAS PROVEN TO PENETRATE BUILDINGS AND TRAVEL FARTHER THAN NORMAL FREQUENCIES.

STUDYING 200FT OF IMPACT DOES NOT ADDRESS THE POTENTIAL TRAVEL OF A SUBWOOFER TYPE NOISE THAT GOES FROM 0.5 MILES TO ONE MILE. AGAIN, I LIVE EIGHT MILES FROM THE SITE.

FINALLY, WHAT ADDITIONAL ENFORCEABLE PROTECTIONS EXIST FOR OUR NEIGHBORS? THESE WOULD INCLUDE INDEPENDENT NOISE MONITORING, PUBLIC PROCESS FOR REPORTING AND ADDRESSING COMPLAINTS, NOT JUST RECEIVING COMPLAINTS, ENFORCING COMPLIANCE, REGULAR REVIEW OF THE PERMIT RATHER THAN AN INDEFINITE USE. AND PARDON ME IF I'M INCORRECT ON THAT. ALSO REQUIREMENTS THAT FUTURE INCREASES IN ENERGY USE. AND IN TEXAS, WE SHOULD BE VERY SENSITIVE TO THAT. WILL THEY REQUIRE PUBLIC REVIEW? I BELIEVE THAT TAKING ADDITIONAL TIME TO EVALUATE WHETHER THIS IS THE RIGHT PROJECT IN THE RIGHT LOCATION IS REASONABLE.

AND AGAIN, I REQUEST, RESPECTFULLY THAT YOU DENY THIS PERMIT TODAY. THANK YOU FOR YOUR TIME AND THE OPPORTUNITY TO AIR MY. THANK YOU FOR YOUR TIME AND PRESENTS. ANY QUESTIONS FOR THIS LADY, I APOLOGIZE AGAIN. AGAIN, THANK YOU, THANK YOU. THE NEXT THING I HAVE IS KATHY WILLIAMS. MISS WILLIAMS, MISS KATHY WILLIAMS HERE. YES. I'M HERE. GOOD AFTERNOON. MY NAME IS KATHY WILLIAMS AND I LIVE AT 205 SOUTH HERNDON, WHICH IS A BLOCK AWAY FROM THIS FACILITY THAT THEY'RE TRYING TO BUILD. AND I'M AGAIN, THANK YOU ALL FOR LETTING ME COME UP AND SPEAK. WELL, WE I'M NOT AGAINST THE BUILDING, BUT I DON'T THINK IT'S GOOD FIT FOR THE NEIGHBORHOOD. I'VE LIVED AT THIS ADDRESS FOR ALL MY LIFE,

[00:45:04]

AND WHAT HE'S TALKING ABOUT RIGHT ACROSS THE STREET FROM THE PLACE. BUT YOU JUST GO UP TO THE NEXT BLOCK. AND THAT'S WHAT WE DID. SO IT'S OUTSIDE THE PROTEST ZONE. THAT WAS WHAT I WAS TRYING TO DETERMINE. IF YOU RECEIVED THE NOTICE AND YOU WERE WITHIN THE PROTEST ZONE.

THAT WAS WHAT I WAS TRYING TO IDENTIFY. YOU'RE JUST OUTSIDE OF IT. OKAY. THANK YOU, THANK YOU. THE NEXT THING I HAVE IS ROBIN DANIELS, MISS DANIELS. MY NAME IS ROBIN DANIELS. I LIVE AT 1051 SOUTH DONNYBROOK AVENUE. THANK YOU, MR. CHAIRMAN AND COMMISSIONERS, FOR ALLOWING ME TO SPEAK. I AM AGAINST THE PROPOSAL. I JUST HAVE SOME INFORMATION HERE FROM. IT'S CALLED EARTH JUSTICE. IT'S A NATION'S LEADING ENVIRONMENTAL LAW ORGANIZATION. SO I WOULD THINK THAT THEIR INFORMATION IS PROBABLY VERY LEGITIMATE. AND I'M GOING TO READ THAT REALLY QUICK. YOU KNOW, WE'RE WE'RE ONLY WE'RE ONLY HERE TO TALK ABOUT THE SPECIAL USE PERMIT.

SO IF YOU COULD. RIGHT. SO BASICALLY THIS IS I AM AGAINST THE DATA CENTER. SO. WHY MY LITTLE QUOTES NOT COMING UP? SO I'M JUST GOING TO GO ON WHAT I REMEMBER. SO BASICALLY THE DECIBELS THAT ARE USUALLY USED FOR A BITCOIN CENTER, WHICH THIS IS WHAT THIS IS, IS USUALLY BETWEEN 70 AND 100DB. AND OBVIOUSLY WITH OUR SUMMERS HERE, THOSE FANS ARE GOING TO BE RUNNING 24 OVER SEVEN, NOT NECESSARILY DOWN TO 35, LIKE HE SAID. ALSO, THESE DATA CENTERS HAVE BEEN PROVEN BY THESE THIS ENVIRONMENTAL AGENCY TO CAUSE HEADACHES, BRAIN DAMAGE. LOSS OF MEMORY, AND ALL OF THESE THINGS FOR PEOPLE THAT LIVE WITHIN THE AREA. SO I JUST ASK YOU TO PLEASE DENY THIS SPECIAL USE PERMIT FOR THIS TYPE OF BUSINESS, THIS TYPE OF USE. AND ONCE WE OPEN THE DOOR TO SOMETHING LIKE THIS, I THINK THAT THIS COULD BE AN ISSUE, ESPECIALLY RIGHT HERE WITHIN OUR CITY. THANK YOU. THANK YOU FOR YOUR TIME AND PRESENCE. ANY QUESTIONS FOR THIS LADY? IF NOT, THE NEXT NAME I HAVE IS PHILLIP OLIVARES. MR. OLIVARES. LET ME JUST LET ME WHILE HE'S COMING. LET'S JUST TRY TO FOCUS ON THE SPECIAL SPECIAL USE PERMIT, BECAUSE THAT'S WHY WE'RE HERE. HELLO, MY NAME IS PHILLIP OLIVARES. I LIVE ON 292 COUNTY

[00:50:07]

THAT RIGHT THERE PUTS ME WELL WITHIN, I DON'T KNOW, 200FT OR LESS. I AM RIGHT ON THE CORNER OF ERWIN AND PALACE, WHICH IS THAT NEW GRAY METAL BUILDING RIGHT THERE. YES, SIR. SO MY THING IS, IS, IS AGAIN, PRETTY MUCH EVERYBODY'S TALKING ABOUT IT, JUST THE NOISE LEVEL. SO THE, THE GENTLEMAN EARLIER, THE OWNER, I GUESS, OF THE LLC. HE DID SAY THAT THEIR, THEIR SOUND WAS, WAS, WAS MEASURED ON EQUIPMENT. SO MY THING IS, WHAT ABOUT THE FACILITY AS A WHOLE? WHAT, WHAT, HOW MANY DECIBELS IS THAT GOING TO PRODUCE? BEING THAT I'M THERE SIX DAYS A WEEK, I JUST FEEL LIKE IT'S, IT'S, IT'S GOING TO HAVE A HUGE IMPACT ON EVERYONE THERE. SO THAT'S MAINLY MY MAIN THING. I'M, I'M VERY CLOSE TO IT. ALSO, MY THING IS WE HAVE TO CONSIDER THE OVERALL BENEFIT TO OUR COMMUNITY WITH THIS JUST BEING 7 TO 10 JOBS. WHEN YOU COMPARE THE POTENTIAL IMPACTS, THE NOISE, MAYBE THE INCREASED UTILITIES. IS IT REALLY THE RIGHT LOCATION? SO I JUST FEEL LIKE, ESPECIALLY IN THE DOWNTOWN AREA, WHICH IS LESS THAN A HALF A MILE AWAY, PLACING A BITCOIN MINING FACILITY HERE HAS A POTENTIAL TO NEGATIVELY AFFECT THAT GROWTH AND THE QUALITY OF LIFE FOR THE PEOPLE WHO ALREADY LIVE AND WORK THERE. SO I'M NOT SAYING THAT THIS TYPE OF FACILITY SHOULDN'T BE BUILT.

I'M ALL IN FOR GROWTH AND DEVELOPMENT MYSELF, BUT WHAT I AM SAYING IS THIS SIMPLY IS NOT THE RIGHT PLACE FOR IT. I RESPECTFULLY ASK THAT YOU CONSIDER WHETHER THE LONG TERM IMPACTS ON OUR COMMUNITY OUTWEIGH THE LIMITED BENEFITS THIS PROJECT WILL PROVIDE. JUST LIKE YOU SEE THE SIGNS RIGHT THERE ON THE CHAIRS. TYLER IS KNOWN FOR ITS ROSES. IT'S KNOWN FOR ITS BEAUTY. IT'S KNOWN FOR TAKING CARE OF ITS RESIDENTS AND BEING A CLOSE KNIT, HARDWORKING COMMUNITY. THIS PROPOSED DATA CENTER DOES NOT REFLECT THE VALUES OR THE VISION THAT HAVE MADE TYLER SUCH A SPECIAL PLACE TO LIVE AND DO BUSINESS. FOR THOSE REASONS, I AM COMPLETELY OPPOSED TO APPROVING A PROJECT THAT WILL PLACE A BITCOIN MINING DATA CENTER SO CLOSE TO THE HEART OF OUR CITY. I RESPECTFULLY ASK THAT YOU DENY THIS PROPOSAL AND PROTECT THE COMMUNITY THAT HAS MADE TYLER WHAT IT IS TODAY. THANK YOU.

THANK YOU, THANK YOU, MR. OLIVARES, FOR YOUR TIME AND PRESENCE. ANY QUESTIONS FOR THIS GENTLEMAN? IF NOT, THE NEXT NAME I HAVE IS BONITA WEIGHTS, MISS. WEIGHTS. THERE SHE GOES. GOOD AFTERNOON, MR. CHAIRMAN AND COMMISSIONERS. MY NAME IS VALLETTA WEIGHTS. I AM A NATIVE OF TYLER. I WAS REARED IN AND TODAY RESIDE IN THE NEIGHBORHOOD DIRECTLY AFFECTED BY THIS PROPOSED DEVELOPMENT. I APPRECIATE THE OPPORTUNITY TO ADDRESS YOU THIS AFTERNOON. I RECOGNIZE THAT THE ISSUE BEFORE YOU IS NOT WHETHER DATA CENTERS, BITCOIN MINING FACILITIES OR DIGITAL TECHNOLOGIES HAVE VALUE. THEY DO. NOR IS IT WHETHER THE BUSINESSES SHOULD INVEST IN TYLER. THEY SHOULD. THIS CASE IS NOT ABOUT WHETHER TYLER SHOULD GROW. TYLER SHOULD CONTINUE TO GROW. THE QUESTION IS WHETHER THIS PROJECT AT THIS LOCATION HAS BEEN SHOWN TO SATISFY THE STANDARDS REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT. SPECIAL USE PERMITS EXIST BECAUSE CERTAIN LAND USES REQUIRE GREATER SCRUTINY THAN USES PERMITTED BY RIGHT. THE COMMISSION SERVES AS THE PUBLIC SAFEGUARD TO ENSURE THAT COMPATIBILITY HAS BEEN DEMONSTRATED, NOT MERELY ASSUMED. FOR THAT REASON, I RESPECTFULLY SUBMIT THAT SEVERAL IMPORTANT QUESTIONS REMAIN UNANSWERED. HAS AN INDEPENDENT ACOUSTICAL STUDY DEMONSTRATED THAT ACTUAL NOISE LEVELS THAT NEARBY RESIDENTS WILL EXPERIENCE NOT ONLY FROM THE MINING EQUIPMENT, BUT FOR WHATEVER COOLING SYSTEMS, VENTILATION EQUIPMENT, BACKUP GENERATORS OR ROUTINE TESTING MAY ACQUIRE, HAS AN INDEPENDENT ANALYSIS BEEN COMPLETED REGARDING THE POTENTIAL EFFECT OF SURROUNDING RESIDENTIAL PROPERTY VALUES? WHAT EVIDENCE

[00:55:06]

[01:00:07]

THERE ARE INDUSTRIAL BUSINESSES PARKS IN TYLER THAT ARE BETTER SUITED FOR THIS TYPE OF FACILITY. THOSE LOCATIONS GENERALLY OFFER GREATER SEPARATION FROM HOMES AND BETTER ACCESS TO INDUSTRIAL USE AND FEWER LAND USE CONFLICTS. LOCATED THIS PROJECT IN AN ESTABLISHED INDUSTRIAL AREA WITH BETTER BALANCE, ECONOMIC DEVELOPMENT AND NEIGHBORHOOD PROTECTION. AS A PLANNING COMMISSIONER, YOU ARE ENTRUSTED AND PROTECTING THE PUBLIC INTEREST. YOUR DECISION SHOULD CONSIDER NOT ONLY WHAT IS LEGALLY PERMISSIBLE, BUT ALSO WHAT IS A SUITABLE FOR. TYLER WRITES, I RESPECTFULLY ASK THAT YOU WOULD DENY THE SPECIAL USE PERMIT AND ENCOURAGE THE APPLICANT TO PURSUE A LOCATION THAT IS MORE COMPATIBLE WITH TYLER INDUSTRY PLANNING OBJECTIVES AND LESS IMPACT ON THE NEIGHBORHOOD SURROUNDING, PARTICULARLY BETHLEHEM FIRST BAPTIST CHURCH. THANK YOU. THANK YOU. THANK YOU. THANK YOU, MR. MCGREW. ANY QUESTIONS FOR THIS GENTLEMAN? AGAIN, THANK YOU FOR YOUR TIME AND PRESENTS.

THE NEXT NAME I HAVE IS AMANDA MOSLEY. MISS MOSLEY. GOOD AFTERNOON. THIS IS MY FIRST TIME I'VE EVER SPOKEN AT ANY CITY COUNCIL. BUT I AM THIRD GENERATION IN THIS NEIGHBORHOOD.

I AM MAYBE POINT FIVE MILES FROM WHERE ACTUALLY, YOU'RE PROPOSING TO PUT THIS, SO I WANT TO. I AM HERE TO ASK YOU TO DENY THIS PROPOSAL. THE REASON WHY IS TYLER IS CURRENTLY HAS NO SPECIFIC ZONING CODE FOR CRYPTO DATA CENTERS. APPROVING THIS SETS A DANGEROUS PRECEDENT AS TO WHAT WE ARE GOING TO ALLOW NEXT TO IN OUR NEIGHBORHOODS. THIS IS AN INDUSTRIAL SCALE COMPUTER PLANT DRAWING 12MW OF CONTINUOUS POWER, AND IT DOES NOT BELONG DIRECTLY NEXT TO OUR HOMES. THE DEVELOPERS CLAIM THAT THIS BRINGS ECONOMIC INVESTMENT, BUT HE'S ONLY PROMISING TEN JOBS, AND I CAN GUARANTEE THEY ARE NOT PROBABLY COMING FROM THIS NEIGHBORHOOD. THEY CREATE ALMOST ZERO LOCAL JOBS. THEY HAVE NO BENEFIT TO OUR NEIGHBORHOOD. AND UNTIL YOU CAN TELL ME HOW A CLOSED SYSTEM THAT RUNS ON A RADIATOR DOESN'T HAVE TO BE FLUSHED, AND HOW THAT DOESN'T AFFECT THE NEIGHBORHOOD AND WHAT YOU'RE GOING TO DO WITH THAT WASTE. HOW DOES THAT AFFECT US? INSTEAD, WE ARE ASKED TO BEAR 100% OF THE BURDEN. IF THEY TURN OFF THE LIGHTS, WE STEAL THE TAXPAYER, PAY THEM TO TURN

[01:05:03]

GOOD AFTERNOON. MY NAME IS JERRY AND I HAVE A CHURCH AT 211 NORTH ROSS, AND NO ONE HAVE TOLD US ABOUT THIS. I JUST HAD TO FIND OUT. JUST LISTENING. NEVER GOT A NOTICE OR NOTHING IN THE MAIL, AND I. TO MY KNOWLEDGE, WE DO NOT NEED THIS, THIS COMPANY, THIS THIS, THIS BUSINESS IN THIS NEIGHBORHOOD. NUMBER ONE, IF ANYBODY HAD DONE A STUDY, WHAT KIND OF CONDITION THIS THING COULD BRING TO THE NEIGHBORHOOD? WE HAVE OLD CITIZENS LIVING IN THIS NEIGHBORHOOD. I MEAN, YOU GOTTA STOP AND EXAMINE WHAT? WHAT WHAT ARE WE GETTING FROM IT? WE'RE GETTING NOTHING FROM IT. SO AS A DAY. I ASKED THE CHAIRMAN TO DENY. THANK YOU.

THANK YOU, MR. FORD. ANY QUESTIONS FOR THIS GENTLEMAN? IF NOT, THE NEXT NAME I HAVE IS BETTY MITCHELL. GOOD AFTERNOON. I'M BETTY MCDONNELL MITCHELL. RESIDE AT 3029 FRANKSTON HIGHWAY. AND I DON'T WANT TO REPEAT EVERYTHING THAT'S BEEN SAID, BECAUSE PRETTY MUCH WHAT HAS BEEN SAID IS WHAT ALL OF US ARE HERE TO TO SAY. I'M IN OPPOSITION OF THIS FOR THE SIMPLE REASON THAT IT'S IN A RESIDENTIAL AREA. THE CITY IS ALREADY ESTABLISHED AS INCOMPATIBLE TO THE INFRASTRUCTURE IN THIS AREA. AND OF COURSE, WE ARE CONCERNED ABOUT THE INFRASTRUCTURE. WE'VE HAD MEETINGS, WE'VE HAD MEETINGS ABOUT THE MEETINGS, AND WE'VE HAD MEETINGS AND MORE MEETINGS FOR THE LAST COUPLE OF WEEKS WITH ALL THE CITIZENS IN THIS AREA. AND WHEN WE LOOK AT AND HAVE LOOKED AT THE STUDIES THAT THAT REGARDING THESE TYPE OF PLANTS ALL ACROSS OF TEXAS, THERE'S NOTHING THAT WE CAN FIND THAT GIVES US THE ASSURANCE THAT HAS BEEN STATED HERE BY. MR. MARK BROWN SAYS, WE ARE APPRECIATIVE OF THE OPPORTUNITY THAT WE'VE HAD ON THE MEETING ON THE 15TH, AND WE'VE HAD OTHER MEETINGS, BUT WE WE ARE REALLY CONCERNED ABOUT THE LEGITIMACY OF WHAT'S BEING PRESENTED HERE. WE KNOW THAT YOU MIGHT NOT BE USING CITY WATER, BUT WATER IS WATER. DISTILLED WATER COMES FROM SOMEWHERE. WHEN WE LOOK AT THE ELECTRICITY AND THE. AND THE ISSUES WITH THE GRIDS WITHIN THE STATE OF TEXAS, WHEN WE LOOK AT THE SOUND, WHEN WE LOOK AT ALL THESE TYPES OF THINGS THAT IS HAPPENING IN THESE TYPE OF FACILITIES, WE'RE CONCERNED ABOUT THE IMPACT. THERE'S A REASON THAT THAT YOU THAT THE CITY HAS REQUIRED A SPECIAL PERMIT FOR THIS PARTICULAR AREA.

AND WE BELIEVE THAT IT IS BECAUSE IT WILL ADVERSELY AFFECT THE CITIZENS IN THE IN THE AREA. WE WE HAVE OUR TREASURED MISS MARCELINA MOSLEY, OUR GRANDDAUGHTER, SPOKE BEAUTIFULLY HERE. MISS MARCELINA MOSLEY HERE, 97 YEARS OF AGE AND. AND MARK TALKED.

AND WHEN HE TALKED TO US BEFORE ABOUT WANTING TO LIVE THE AMERICAN DREAM, ALL OF US WANT THE AMERICAN DREAM. WE DESERVE THE AMERICAN DREAM AND THE AMERICAN DREAM FOR OUR CITIZENS THAT LIVED IN THIS HISTORICAL NEIGHBORHOOD IS TO LIVE A LIFE OF QUALITY, TO LIVE A LIFE OF PEACE, TO LIVE A LIFE OF BEAUTY FOR THE ENVIRONMENT THAT TYLER HAS WORKED SO LONG TO HAVE. SO FOR THOSE PARTICULAR REASONS, WE ASK THAT, THAT, YOU KNOW, YOU KNOW, WHY COME HERE FROM NEW HAMPSHIRE ALL THE WAY FROM NEW HAMPSHIRE, ON IRWIN STREET, IN TYLER AND IN TYLER IN TYLER, TEXAS, TO ESTABLISH THIS. WE DO BELIEVE THAT THE INDUSTRIAL CORRIDOR WITHIN THE CITY WOULD BE A MORE APPLICABLE PLACE FOR THIS PARTICULAR AREA. SO THANK YOU. ASK YOU TO DENY THIS

[01:10:05]

WINFIELD. ALITA WINFIELD IS ALITA WINFIELD HERE. I'M SORRY. SHE DIDN'T KNOW WHAT SHE WAS SIGNED UP FOR. NEXT IS HANNAH MORRIS. I'M IN THE MIDDLE. HI, I'M HANNAH MORRIS, HANNAHMORRIS.

I LIVE AT 2101 BROOKHAVEN DRIVE. I AM A LANDOWNER NOW IN TYLER, TEXAS. GO ME. ONE THING I WANT TO POINT OUT, Y'ALL WERE NOT AT THAT MEETING ON JUNE 15TH. I WAS THERE IS. AND THAT'S THE LINK THAT I'M EMAILING TO YOU, MR. HUDSON. THAT WAS A VIDEO BY EL SHOW DEL MINO. THAT WAS THE COMPLETE AND FULL MEETING THAT TOOK PLACE THAT Y'ALL WERE NOT AT. AND IT WAS IT COULD HAVE BEEN A LITTLE BETTER THAN IT WAS. AND IT WAS NOT A GREAT MEETING BECAUSE MR. MAN IN THE BACK, MARK AND HIS PARTNER MITCH, DID A VERY POOR JOB OF ADDRESSING CONCERNS OF THE COMMUNITY. THAT'S WHY IT GOT A LITTLE ROWDY. I THINK YOU'LL NEED TO WATCH IT. YOU NEED TO SEE THE CONVERSATION THAT WAS HAD BY CONSTITUENTS AND TAXPAYERS HERE IN TYLER. IT'S AN OVERWHELMING NO. AND IT'S ALSO A NO FOR ME. ONE QUESTION. I HAVE A FEW QUESTIONS THAT I WANT YOU ALL TO PONDER. WHAT ABOUT THE HEAT EXHAUST? THEY SAID IT'S LIKE, OH, IT'S ONLY 160 DEGREES OF HEAT. WE LIVE IN HUMID EAST TEXAS HEAT DOME, AND THEY WERE IN ABLE OR WOULD NOT ANSWER THAT QUESTION. WHERE DOES THE CHEMICAL WASTE GO? I'M EXPELLING AIR RIGHT NOW. YOU CAN'T SEE IT, BUT THAT DOESN'T MEAN I DON'T HAVE CARBON DIOXIDE COMING OUT OF MY MOUTH.

WHERE DOES IT GO? WHAT ABOUT CATASTROPHIC EVENTS AT THE JUNE 15TH MEETING? PLEASE WATCH THE VIDEO. IT WAS ASKED WHAT HAPPENS IF THERE IS AN EXPLOSION BECAUSE CITY OF TYLER HAS HAD ITS OWN FAIR SHARE OF MISHAPS, EXPLOSIONS AND FIRES OVER THE YEARS. IT'S REALLY VALID QUESTION. AND AGAIN, THEY WOULD NOT OR COULD NOT ANSWER THAT QUESTION. INSTEAD THEY SAID, WELL, IF THERE'S A LEAK, WE'LL CLEAN IT UP. THEY DID NOT. I KNOW THEY DID NOT GO ON TO SAY HOW THAT CLEANUP INVOLVES A HAZMAT TEAM, AND SOMEONE ELSE HAS ALREADY ASKED QUESTIONS ABOUT WHAT? ABOUT THE FOREVER CHEMICALS AND THINGS THAT ARE BEING INTRODUCED. AGAIN, I'M BREATHING OUT STUFF THAT YOU CAN'T SEE THAT DOESN'T MAKE IT NOT REAL. NEXT QUESTION I HAVE IS WHY DO WE NEED A BITCOIN FACILITY? BERKSHIRE'S DON'T TAKE IT BILLY HUGHES DON'T TAKE IT NOW. SEX TRAFFICKERS, HOWEVER, AND THERE ARE MANY ON THE SMITH COUNTY SAY CHEESE. DO TAKE IT. WHEN ASKED ABOUT THE COUNTRY OF ORIGIN OF PARTS. I AM NOT A COMPUTER PERSON. I DON'T UNDERSTAND THE RESPONSE THAT WAS GIVEN, BUT I DO KNOW ENOUGH TO KNOW THAT PARTS FROM CHINA WE DON'T USE ON THINGS THAT WE WANT TO BE SECURE HERE. DID I UNDERSTAND RIGHT, FELIX? HE'LL TELL ME LATER. AND AGAIN THEY EITHER THEY ANSWERED BY NAME DROPPING THINGS I DON'T KNOW ABOUT, OR THEY JUST COULD NOT AND WOULD NOT IN A WAY EXPLAIN IT TO THOSE OF US WHO DO NOT HAVE ENGINEERING DEGREES. A NOTHER QUESTION I'VE GOT FOR Y'ALL TO CONSIDER IS I DID NOT COME HERE TO COMPLAIN ABOUT AMAZON WHEN IT WAS DISCUSSED. AMAZON COMING HERE BECAUSE AMAZON WAS BRINGING ACTUAL JOBS. I DON'T HAVE ANYTHING TO SAY ABOUT TRAIN. TRAIN EMPLOYS HUNDREDS OF OUR LOCAL COMMUNITY, BUT 7 TO 10 JOBS DOES NOT HELP THE MULTIGENERATIONAL FAMILIES THAT LIVE IN THAT NEIGHBORHOOD. NOW, WHERE DOES THE WATER COME FROM? BECAUSE CORPUS CHRISTI IS RUNNING OUT OF WATER. WHEN I ASKED THIS QUESTION AT THE MEETING, THEY DISASSOCIATED, TURNED BRIGHT RED AND GOT A LITTLE ANGRY AND UPSET. I'M SORRY, BUT I HAVE QUESTION.

CORPUS IS RUNNING OUT OF WATER. I KNOW THAT WE'RE NOT USING TYLER WATER FOR THIS, BUT WHERE DOES WATER COME FROM? IT'S DISTILLED WATER. OKAY, COOL. WHERE DOES THE DISTILLED WATER COME FROM IN DISTILLED WATER? WATER HAS TO COME FROM SOMEWHERE. IT DOESN'T MAGICALLY APPEAR. WE SHOULD NOT BE TAKING WATER FROM OTHER TEXANS WHO NEED WATER. AND THEN THE NOISE STUDY WAS DONE ON A 48 HOUR PERIOD DURING THE WORK WEEK, NOT DURING THE WEEKEND WHEN FAMILIES AND THEIR CHILDREN ARE HOME AND RESTING. THE. THERE WAS A LOT OF OPPOSITION. I WANT TO LET YOU ALL KNOW MOST OF THOSE PEOPLE THAT WERE AT THAT MEETING AREN'T HERE BECAUSE THEY EITHER DID NOT KNOW ABOUT HOW TO COME TO THIS MEETING, OR THEY COULDN'T GET OFF WORK TO

[01:15:03]

AND THERE'S A LOT OF MULTI-GENERATIONAL FAMILIES IN THAT SIDE OF TOWN. AND MARK DOESN'T KNOW ANYTHING ABOUT THIS SIDE OF TOWN. HE DOESN'T KNOW THE HISTORY OF OUR ATTENTION IN THE AREA. HE DOES NOT UNDERSTAND THE IMPACT OF HIM COMING HERE. BUT HE DOES WANT Y'ALL OVER IN SEVEN, FIVE, 702 TO FEEL HOPE AND BE INSPIRED. AND IF YOU ARE NOT IN COLLEGE AND YOU ARE RETIRED, I DON'T KNOW WHAT HE WILL INSPIRE YOU TO DO. SO THANK YOU. THANK YOU, THANK YOU. MR. DOROTHY. DOROTHY STAINBACK. DOROTHY STAINBACK. IS THERE. SOMEONE IS THERE SOMEONE NAMED DOROTHY STEINBECK? YES. TO SPEAK TO THIS PROPOSAL, I WAS GOING TO SAY, OKAY, OKAY. STICK AROUND. I'VE GOT A LIST OF NAMES HERE AND I WANT TO MAKE SURE THAT.

IS THERE SOME HERE? SOMEONE HERE NAMED ZACHARY WHO WANTS TO SPEAK ON THIS ITEM.

STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS ZACHARY SOTO. I LIVE ON FM 850. WE THE CITY OF TYLER. PEOPLE WHO DO NOT WANT A DATA CENTER HERE. WE ELECTED OFFICIALS REPRESENT US. IF YOU ALLOW THIS DATA CENTER TO BE HERE, YOU'RE NOT REPRESENTING US BUT YOUR OWN INTEREST. EITHER YOU'RE BOUGHT OR PEER PRESSURED INTO HAVING THIS DATA CENTER HERE WHERE YOU HAVE NO POWER AT ALL, WHETHER IT'S HERE, LET ME, LET ME. WE'RE GOING TO STOP RIGHT THERE. THE SUGGESTION THAT THIS GROUP OF THE CITY, ELECTED CITY OFFICIALS, THE CITY OF TYLER, ARE DOING ANYTHING IMPROPER, IS IMPROPER. AND IF YOU WANT TO TALK ABOUT THE SPECIAL USE PERMIT, WE WANT TO HEAR IT. BUT IF YOU WANT TO CASTIGATE OUR INTEGRITY, WE'RE GOING TO STOP. DOES THAT MAKE SENSE? I UNDERSTAND, YEAH, BUT I WAS STILL GOING TO SPEAK IT IF I WOULDN'T STOPPED. IS THAT WHAT'S YOUR ADDRESS AGAIN? I LIVE ON FM AT 50. I DON'T SEE WHAT INTEREST IT HAS IN ME SPEAKING HERE. WHAT IS THE ADDRESS IN THE CITY? IT'S IRRELEVANT TO WHAT I HAVE TO SAY. IF YOU. IF YOU LIVE. HOLD ON. COMMISSIONER. SIR, FOR THE RECORD, YOU DO HAVE TO GIVE YOUR NAME AND ADDRESS IN ORDER TO BE COUNTED AS A SPEAKER. SO IT'S NOTHING THAT ANYONE WANTS TO USE. IT'S A LEGAL REQUIREMENT. IT'S NOT APPROPRIATE WHAT I SAY. THEN I'LL JUST SIT DOWN. THANK YOU.

YOU'RE WELCOME. CHARLES. DOROTHY. CHARLES. DOROTHY. YES, SIR. DURET. I'M SORRY. IT LOOKS LIKE A. IT LOOKS LIKE THERE'S A Y ON THE END. I'M SORRY. WE'RE WE'RE WE'RE SPEAKING ON THIS ONE ITEM. OKAY, FIRST OF ALL, I'M NOT A PUBLIC SPEAKER, SO I'M A LITTLE NERVOUS, BUT I WANTED TO THANK. OH, I'M SORRY. MY NAME IS CHARLES DURET. I LIVE AT 804 WEST ERWIN STREET.

I OWN THE PROPERTY AT 808 02804 AND 806 WEST ERWIN STREET AND TYLER, WHICH IS ABOUT TWO BLOCKS. PROPOSED DATA CENTER. I WOULD LIKE TO TAKE THE OPPORTUNITY TO THANK YOU TO THE CHAIRMAN AND COUNCIL MEMBERS FOR ALLOWING ME TO SPEAK TO VOICE MY OPPOSITION FOR THE PROPOSED BITCOIN MINE. FIRST AND FOREMOST, THIS SITE IS IN A NEIGHBORHOOD OF HARD WORKING CITIZENS THAT THEIR HOMES LITERALLY BACK UP TO THE PROPOSED SITE. THEY'RE PROUD OF THEIR HOMES AND AND, AND THEIR NEIGHBORS. IT'S IT'S AN IMPROVING NEIGHBORHOOD, NEW CONSTRUCTION OF AFFORDABLE HOMES DOT THE AREA. WEST PAUL STREET IS AN EXAMPLE. ONLY A FEW BLOCKS FROM THE DATA CENTER IS LINED WITH NEW CONSTRUCTION. THERE ARE CHURCHES THERE.

COMMUNITY CENTER. THERE'S A FUNERAL HOME ALL WITHIN A FEW BLOCKS. IF YOU LOOK AT THE MAPS ON WEST ERWIN, YOU'LL. THE GOOGLE MAP ON WEST ERWIN. IT'S ALSO KNOWN AS THE DALLAS

[01:20:04]

[01:25:07]

BUFFER ZONES. ET-CETERA. THE SPECIAL USE REQUEST IS SITE SPECIFIC STANDARDS AND BASED OFF OF THE THE PROPOSED STANDARDS IN RELATION TO REVIEW AND FOR POTENTIAL ADVERSE IMPACT OR EFFECTS, ADVERSE EFFECTS. STAFF. SOME OF THE OPINION THAT IT HAS THE POTENTIAL FOR ADVERSE EFFECTS THAT THE APPLICANT AGAIN IS. IT'S UPON THEM TO TO DEMONSTRATE THAT THAT'S NOT THE CASE, THAT THE PROPOSED CONDITIONS AND SITE ARE COMPLIANT WITH THE APPROVAL CRITERIA. AND SO AND OUR EVALUATION BASED OFF THE THE GUIDANCE THAT WE HAVE WITHIN THE COMPREHENSIVE PLAN, IS NOT CONSISTENT WITH THE APPROVAL CRITERIA. WHAT WERE THOSE ADVERSE CRITERIA ITEMS? THE WELL ADVERSE THE OPERATIONAL CHARACTERISTICS OF A DATA CENTER. WHICH ONES ARE NOISE? YEAH. WHICH ONES ARE IDENTIFIED AS ADVERSE TO THE TO THE EXISTING STANDARDS OF M ONE. IT'S NOT IT'S NOT A M ONE. IT'S THE SURROUNDING PROPERTIES. OKAY. SO THERE ARE HOMES AGAIN TO THE NORTH. I'LL COME BACK TO THAT MAP. IS IT THE SOUND OR THE USAGE OR THE EMERGENCY OR THE TRAFFIC AND TRYING TO ADDRESS THE QUESTIONS THEY BROUGHT UP? WHICH ONES ARE ADVERSE? IT'S A. AS IT'S PROPOSED, THE THE SITE, THE. IT COULD BE THE, THE, THE EFFECTS OF THE NOISE. LIKE I MENTIONED EARLIER, THAT THE, THE ASSUMPTIONS IN THE MODEL ARE NOT THE. ARE NOT SOLIDIFIED IN THE APPROVAL CRITERIA. SO THE EQUIPMENT THAT'S USED TO ESTABLISH WHETHER IT HAS A NOISE EFFECT OR NOT. CODIFIED OR, OR, YOU KNOW, IT'S NOT IDENTIFIED IN THE STANDARDS THAT THAT THAT IS APPLES TO APPLES OR THAT IS THE, THE EQUIPMENT THAT'S GOING TO BE USED, THE SAME EQUIPMENT. SO THERE IS A QUESTION MARK THERE, BUT THE, I GUESS GENERALLY THE, THE EFFECTS ARE ON THE ADJACENT PROPERTY OWNERS WITH THAT 200FT FROM THE NEAREST HOME FOR THIS TYPE OF ACTIVITY IS NOT IN KEEPING WITH OTHER TYPES OF. 247 NOISE AND VIBRATION AND OTHER ACTIVITIES THAT YOU MIGHT EXPECT TO. TO CREATE EXTERNAL EFFECTS OR EXTERNALITIES. AND SO. SO I THINK IT'S A COMBINATION OF THINGS ASSOCIATED WITH THE, THE ACTIVITY ITSELF, BUT GENERALLY ALSO THAT THE, THE PLAN FOR THE AREA DOES NOT SUPPORT FURTHER INTENSIFICATION OF INDUSTRIAL ACTIVITY. DO YOU HAVE A QUESTION, KYLE? PROPERTY IS CURRENTLY ZONED M ONE. THE APPLICANT TO DO THE BUSINESS HE WANTS TO DO HAS TO HAVE A, S P.

WHAT COULD GO THERE RIGHT NOW UNDER THE M ONE CLASSIFICATION THAT DOES NOT REQUIRE SUP WHAT

[01:30:05]

[01:35:03]

SO THAT THAT THAT THAT CONCERN IS THERE FOR US. AND WE WE TAKE THE APPROPRIATE STEPS. IF THAT PERSON WANTS TO FILE A COMPLAINT, IF WE OBSERVE IT OURSELVES, WE CAN FILE THAT, THAT CITATION AND WITH MISSILE COURT AND CONTINUE DOING IT OVER AND OVER AGAIN UNTIL IT'S ADDRESSED. THERE'S SOME ISSUES IN REFERENCE TO HOW WE'VE ADDRESSED THE MEASUREMENT OF THESE THINGS IN THE PAST. WE HAVE DECIBEL METERS. WE ACTUALLY TECHNICALLY CAN MEASURE IT AT THE ACTUAL PROPERTY LINE, BUT IT'S BEEN OUR PRACTICE IN THE PAST TO DEAL WITH MORE COMPLAINTS COMING FROM WHETHER IT'S THE IT'S INSIDE THE HOUSE, WE MEASURE FROM THE RESIDENTS WHERE WE LEGALLY CAN BE AT, AND WE TAKE THOSE MEASUREMENTS FROM THERE. AND IF SOMEBODY'S IN VIOLATION, WE'D ASK THEM TO ADDRESS IT, TO TURN IT DOWN. IF IT'S A MACHINE LIKE THIS, THEY DO THAT TO TURN IT OFF, OR THEY'D HAVE TO ADDRESS THE NOISE ITSELF, OR WE'D SUMMONS IN THE COURT TO DEAL WITH IT. THANK YOU. CHIEF, I THINK THAT'S PROBABLY HELPFUL TO ALL OF US HERE TO HAVE THOSE COMMENTS CONCERNING ENFORCEMENT.

YES, IT PUTS A LOT OF BURDEN AND AND IT WOULD PUT A LOT OF RESPONSIBILITY ON OFFICERS.

THEY'RE JUST OUT THERE DOING THEIR PATROL DUTIES. IF SOMEBODY CALLS, WE RESPOND TO EVERY CALL FOR SERVICE OR SOMEBODY CALLS 25 TIMES A DAY, WE WILL GO BY AND TALK TO THIS PERSON 25 TIMES A DAY UNTIL WE'RE ABLE TO DEAL WITH IT. THANK YOU. THANK, THANKS.

ANYBODY HAVE A QUESTION FOR THE CHIEF? THANKS. THANKS FOR YOUR TIME AND PRESENCE HERE. I STILL HAVE A LONG LIST OF PERSONS WHO SIGNED UP TO SPEAK. AND AND THE NEXT ONE IS JOHN EGAN. IT'S A REFLECTING ON THE THE GUIDELINES THAT HAVE BEEN GIVEN AS MR. EGAN HERE. I AM, FIRST TIME EVER COMING UP HERE TO TALK TO ANYBODY, AND I'M A LITTLE NERVOUS, SO I APOLOGIZE IN ADVANCE. SPEAKING OF SPEAKING OF THE MICROPHONE, STATE YOUR NAME AND ADDRESS.

JOHN EGAN, 2110 MILLER DRIVE, TYLER, TEXAS, 75701. I CAME HERE TODAY TO STATE WHY I WAS AGAINST THIS. I. I KNOW THAT THE CODE IS THE ISSUE HERE, BUT THE COMPANY ITSELF IS MY ISSUE.

I WENT TO THE LAST MEETING AND VULCAN CORE SAID THAT THEY HAD MULTIPLE FACILITIES THAT THEY ALREADY HAD RUNNING, BUT THEY'RE A BRAND NEW LLC THAT OPENED IN MARCH 16TH OF 2026.

SO HOW CAN YOU GO AND SAY THAT YOU HAD MULTIPLE BUSINESSES IN THE PAST LIKE THAT? THAT MAKES ZERO SENSE. AND WHEN I ASKED THE GUY AT THE MEETING, HOW DO I GO ABOUT FINDING OUT THESE OTHER BUSINESSES THAT YOU HAD OPEN AND HOW I CAN TALK TO PEOPLE THERE ABOUT IT? HE JUST MENTIONED HOW IT WAS WITH OTHER PARTNERS, AND THAT'S WHY THIS IS A NEW BUSINESS VENTURE ALTOGETHER. SO THAT ALREADY JUST KIND OF THROWS RED FLAGS TO ME THAT YOU HAVE A COMPANY THAT'S COMING IN AND SAYING THAT THEY HAVE ALL THESE GREAT THINGS GOING ON, TELLING YOU ALL THAT THE PEOPLE ACROSS THE STREET DON'T HAVE A PROBLEM, BUT YET THEY'RE NOT LISTED ANYWHERE UNDERNEATH THIS GUY'S BUSINESS. SO. THAT'S REALLY MY MAIN CONCERN. AND THEN THE NEXT THING WOULD BE IF FOR WHATEVER REASON, THE PRICE OF BITCOIN DROPPED SO MUCH AND THEY. GO OUT OF BUSINESS, THEN WHAT HAPPENS WITH THAT FACILITY AND WHAT TAKES ITS PLACE THEN LIKE A SURVEILLANCE DATA CENTER OR, YOU KNOW, I JUST THE QUESTIONS REMAINS WHAT, WHAT TAKES THAT PLACE THEN? AND, AND THIS OPENS THE DOOR FOR ALL KINDS OF. JUST DIFFERENT ENTITIES COMING IN TO

[01:40:01]

THANK YOU, MR. EGAN. THE NEXT THING I HAVE IS BRUCE BIERMAN. MR. BIERMAN, IS HE HERE? IF MR. BIERMAN IS NOT HERE, THE NEXT THING I HAVE IS GENE MURPHY. IF MISS MURPHY IS NOT HERE, THE NEXT NAME I HAVE IS SAMANTHA WALL. HELLO, SAMANTHA WALL 613 WHITE OAK. THAT'S 75703. FIRST, THANK YOU FOR HOLDING THIS HEARING, FOR HAVING US HERE AND FOR LETTING ME SPEAK. I JUST WANT TO POINT OUT A FEW THINGS. WHEN THE GENTLEMAN WAS SPEAKING AND TALKED ABOUT $100,000 OF MONEY, I JUST FOR THE PEOPLE IN THE ROOM, DOES ANYBODY KNOW WHAT OUR TYLER'S ANNUAL BUDGET IS? JUST OFF THE TOP OF YOUR HEAD. MR. WIND 219 MILLION. SO WE'RE TALKING LESS THAN HALF OF 1%. SO I JUST WANTED TO PUT THAT IN CONTEXT. WHEN HE WAS TALKING ABOUT $1 MILLION OVER TEN YEARS, THAT IS PER YEAR, LESS THAN HALF OF 1%. THE OTHER THING IS TO SPEAK ON THE OVERWHELMING AMOUNT OF CORPUS OF RESEARCH THAT WE HAVE COMING OUT ON THE LINKAGE TO CANCER, TO HEARING, TO MIGRAINES, TO A LOT OF THINGS. THIS GROWS ON PUBMED, WHICH IS A PEER REVIEWED DATA SOURCE, GROWS EVERY DAY LINKING THESE DATA CENTERS TO THINGS. AND WHEN WE LOOK AT THE DEFINITIONS AND WE LOOK AT LITTLE TO NO HARM. IF MY CHILD DIES, IF YOUR CHILD DIES, HOW MUCH IS A LITTLE HARM? IS IT IF IT'S JUST YOUR KID, IF IT'S JUST MY KID, YOU KNOW HOW MUCH IS A LITTLE HARM? HOW? WHAT PERCENTAGE OF US NEED TO DIE TO JUST BE A LITTLE HARM? I ALSO WANT TO POINT OUT THAT SCIENTISTS AT UT AUSTIN, NOT A UNIVERSITY OUT OF STATE, NOT ANYWHERE OUT OF STATE, OUR OWN UT AUSTIN ESTIMATE THAT UP TO 9% OF THE ANNUAL WATER AND ALL OF TEXAS WILL GO TO DATA CENTERS BY 2040. THAT SEEMS LIKE A LONG WAYS AWAY. THAT'S A DECADE. SO WE'RE TALKING ALMOST 10% OF OUR ENTIRE WATER FOR THE STATE COULD BE LEAVING WITH THE AMOUNT OF DATA CENTERS COMING IN. WHEN I WAS LEAVING, I WORKED AT THE UNIVERSITY OF TEXAS AT TYLER. I LOVE MY JOB. I LOVE MY BOSS. WHEN I WAS LEAVING, I WAS TELLING HER I WAS COMING HERE TO SPEAK ON THIS AND SHE SAID, DO WHAT YOU HAVE TO DO. SHE MOVED HERE FROM ABILENE. THEY CANNOT SELL THEIR HOUSE IN ABILENE. THEY'VE BEEN HERE FOR YEARS. THEIR HOUSES FOR RENT AT AN AMOUNT PER MONTH THAT THEY LOSE OVER $2,000 PER MONTH. THERE ARE TWO HOUSES IN HER NEIGHBORHOOD THAT ARE FOR. ONE OF THEM IS ACTUALLY RENTING RIGHT NOW, $10,000 A MONTH FOR A THREE BEDROOM, TWO BATH, 1935 SQUARE FOOT HOME, $10,000 A MONTH. BECAUSE THAT FAMILY CANNOT AFFORD TO LIVE THERE AND PAY THE UTILITIES AND ALL THE THINGS THAT HAVE HAPPENED SINCE THEIR DATA CENTER WENT IN ANOTHER HOUSE IN THE SAME NEIGHBORHOOD, $7,000 A MONTH.

THIS IS THIS IS NOT, YOU KNOW, THIS IS NOT JUST ONE OFFS. THESE ARE HAPPENING EVERYWHERE AFTER THESE DATA CENTERS. SHE WENT ON TO TALK ABOUT THE RATTLESNAKES COMING TO THE HEAT AND ALL THE OTHER THINGS THAT IT'S CAUSING IN IN ABILENE. AND I KNOW WE'RE NOT HERE FOR ABILENE, BUT THERE'S NO WAY TO SAY TEN YEARS FROM NOW, LOOKING BACK, WHAT IS GOING TO BE OUR RATTLESNAKE? WHAT IS GOING TO BE YOUR $10,000 HOME? MY $7,000, I I'M A GOVERNMENT EMPLOYEE.

I'M A UT TYLER EMPLOYEE. I DO NOT HAVE $7,000 A MONTH TO RENT A HOME, LET ME TELL YOU. SO I JUST WANT TO BRING THOSE POINTS AND ASK THAT YOU DO NOT ALLOW THIS TO COME INTO OUR NEIGHBORHOODS, AND PARTICULARLY THE NEIGHBORHOOD THAT IT IS CHOOSING AND THE HISTORICAL SIGNIFICANCE AND EVERYTHING THAT IF YOU'VE LIVED IN THIS AREA FOR A LONG TIME, YOU UNDERSTAND WHAT WE SHOULD BE DOING TO THAT NEIGHBORHOOD AND THE AMOUNT OF TIME AND ATTENTION AND MONEY THAT SHOULD BE GOING THERE TO PROVIDE OUR ENTIRE CITY TO SOMETHING TO ENJOY AND NOT SOMETHING THAT CAN MAKE US SICK. THANK YOU. THANK YOU FOR YOUR TIME AND PRESENTS THE. NEXT NAME I HAVE IS AUBREY SLOAN. AUBREY SLOAN IS MISS SLOAN HERE? HI, MY NAME IS AUBREY SLOAN AND I'M A RESIDENT HERE AT 1526 TIMBER CREEK DRIVE, 75703. I'M ASKING THE CITY COUNCIL MEMBERS TO DENY OR TABLE THE VOTE FOR THIS CRYPTO MINE FOR THREE REASONS.

WHILE THE DEVELOPER MAY HAVE TESTED FOR HIGH FREQUENCY NOISES ABOVE 20HZ, WE NEED ADEQUATE STUDIES PROVIDED IN REGARDS TO LOW FREQUENCY NOISES OR LFNS, AND THEIR POTENTIAL

[01:45:02]

SHE SAID THIS TECHNOLOGY PARKS PRODUCE LOW FREQUENCY NOISE DUE TO THE CONTINUOUS FUNCTIONING OF LARGE MECHANICAL COOLING AND POWER SYSTEMS. LFNS, FOR SHORT OR INFRASOUND, IS ANY FREQUENCY THAT FALLS BELOW THE THRESHOLD OF NORMAL HUMAN HEARING, WHICH IS BELOW 20HZ. IT IS EXTREMELY DIFFICULT TO BLOCK AND TRAVELS THROUGH SOLID OBJECTS AS WELL AS THE GROUND, CAUSING SEVERE ADVERSE EFFECTS TO SURROUNDING LIFE. IT IS NOT DETECTABLE BY THE HUMAN EAR. IT'S EXTREMELY DANGEROUS AND CAN CAUSE PERMANENT HEARING DAMAGE. VESTIBULAR ISSUES TRIGGER INCREASE IN THE STRESS HORMONE CORTISOL, CAUSING CHRONIC FATIGUE, HEADACHES, PERSISTENT SLEEP DISTURBANCES, ADVERSE CARDIOVASCULAR EFFECTS CONTRIBUTING TO HEART ATTACKS, ALONG WITH RESPIRATORY ISSUES, AND SEVERE PHYSICAL AND PSYCHOLOGICAL DISTRESS. IT'S IMPERATIVE AS IT IS AMPLIFIED WHEN IT REACHES THE GROUND DUE TO THE GROUND EFFECT. AUDIBLE HIGH FREQUENCIES THAT THEY TESTED FOR OR WILL LOSE THEIR ENERGY THROUGH GROUND ABSORPTION, BUT LFNS RETAIN THEIR POWER AND BENEFIT FROM GROUND REFLECTIONS. HARD SURFACES LIKE CONCRETE MAXIMIZES AMPLIFICATION. THEY'VE BEEN REPORTED TO HAVE BEEN FELT AS FAR AS EIGHT MILES AWAY. IT IS IMPERATIVE THAT PROPER RISK MITIGATION MEASURES ARE PUT INTO PLACE TO PREVENT ELEPHANT EXPOSURE, ALONG WITH EXTENSIVE AND TRANSPARENT FREQUENCY EVALUATION PRACTICES. HFN HIGH FREQUENCY NOISE METERS FAIL TO PROVIDE ACCURATE MEASUREMENTS AS THEY ARE DESIGNED TO MEASURE AUDIBLE NOISES ABOVE 20HZ. LF TOOLS MEASURE AS LOW AS 0.0.1 HERTZ. SHE THEN GOES INTO DETAIL ABOUT WHAT TESTS TO RUN, AND I CAN SEND YOU THE INFORMATION THAT SHE SAYS. IT'S KIND OF LONG. AND THEN SHE SAYS THIS. WITHOUT THE PROPER USE OF EQUIPMENT TO TRAP LFN, ALONG WITH THE UTILIZATION OF A PRECISE APPLICATION OF MEASURING IT, OUR BELOVED RESIDENTS, OUR REPS, OUR ANIMALS, AND OUR PLANT LIFE ARE ALL AT GREAT RISK OF EXPOSURE AND THE ADVERSE EFFECTS THAT WILL MANIFEST, END QUOTE. TO GIVE YOU A REAL LIFE CASE STUDY IN GRANBURY, TEXAS, JUST THREE HOURS WEST OF US HERE IN TYLER, THERE ARE PENDING LAWSUITS FROM THEIR RESIDENTS AGAINST A BITCOIN MINE THAT BECAME OPERATIONAL IN 2024 DUE TO SERIOUS ADVERSE HEALTH EFFECTS. ONE MOTHER REPORTED THAT HER EIGHT YEAR OLD DAUGHTER HAS FLUID LEAKING FROM HER EARS AND IS SUFFERING FROM PERMANENT HEARING LOSS. OTHERS ARE REPORTING ANXIETY, HEART ISSUES, INCREASED MENTAL HEALTH ISSUES AND THE LIST GOES ON. NO ELEPHANT STUDIES WERE DONE PRIOR TO THE INSTALLATION OF THAT SITE. IN TYLER, THERE ARE SCHOOLS, PARKS AND THOUSANDS OF RESIDENTS WITHIN JUST A MILE RADIUS OF THIS PROPOSED SITE. CITY HALL DOWNTOWN. YOUR BUILDING IS JUST WITHIN A MILE OF. OUR BELOVED CALDWELL ZOO IS ONLY TWO MILES AWAY. AS I'VE MENTIONED, THEY'VE BEEN REPORTED TO BE FELT AS FAR AS EIGHT MILES AWAY, AWAKENING PEOPLE FROM A DEAD SLEEP. YOU CAN'T SEE THEM. YOU CAN'T HEAR THEM. YOU FEEL THEM LIKE SOME LADY HERE SPOKE. SHE SAID THEY FEEL LIKE A SUBWOOFER. THEY'RE REPORTED TO INCREASE FEELINGS OF ANXIETY. IMAGINE COMING TO WORK EVERY DAY DOWNTOWN AND FEELING AN INCREASE IN YOUR ANXIETY LEVELS EVERY MINUTE YOU ARE INSIDE YOUR BUILDING DUE TO THE ELEPHANTS. IMAGINE OUR TYLER RESIDENTS BEING WOKEN FROM A DEEP SLEEP MANY NIGHTS OF THE WEEK. OUR CHILDREN AT THE NEAREST SCHOOLS ONE ONLY HALF A MILE AWAY, BEING EVEN MORE STRESSED EVERY DAY THAN THEY ALREADY ARE, ARE GOING TO PLAY BERGFELD PARK, HILLSIDE PARK OR CHILDREN'S PARK AND FEELING AN ANXIETY THEY CAN'T EXPLAIN. WHAT WILL THIS DO TO THE ANIMALS THAT ARE ZOO. THERE WILL BE AN INCREASE IN DOCTOR'S VISITS, ER VISITS, LOSS OF QUALITY OF WORK AND QUALITY OF LIFE. THE LONG TERM HEALTH CONSEQUENCES OF ELEPHANTS ARE HARD TO GAUGE. THE PROBLEM WE FACE TODAY IS THERE ARE NO GOOD STUDIES OF ELEPHANTS ON BITCOIN MINES OR MOST DATA CENTERS BECAUSE THEY'RE SO NEW. THEY'RE COMING FAST AND FURIOUS FOR EVERY TOWN. I DON'T THINK ANY OF YOU WOULD KNOWINGLY PUT OUR CITIZENS AT SUCH A LARGE HEALTH RISK. I'M ASKING YOU ALL TO STAND UP FOR YOUR RESIDENTS AND PUT OUR SAFETY BEFORE PROFITS AND PROGRESS. I UNDERSTAND THE APPLICANTS HAVE SPENT A LOT OF MONEY AND THEN FOUND OUT THAT THEY HAD TO GET A SPECIAL USE PERMIT, SO THEY DIDN'T COME IN HERE TELLING US THAT THEY WERE COMING. THEY CAME IN QUIETLY, JUST LIKE THE OTHER DATA CENTERS. SO I'M SORRY THAT THEY HAVE INVESTED ALL THIS MONEY, BUT OUR SAFETY MATTERS FIRST. PLEASE BE THE FIRST TO REQUIRE THAT ADEQUATE STUDIES BE DONE ON LFNS REQUIRE THEM TO BE DONE BY THIRD PARTY INDEPENDENT TESTING COMPANIES THAT YOU ALL

[01:50:04]

LET US LEARN FROM GRANBURY, OUR NEIGHBORS MISERY AND TAKE THE RIGHT STEPS. PLEASE PUT THE BRAKES ON THIS PROJECT AND GET THE TESTING DONE. THANK YOU. LET'S TRY TO REFRAIN OUR COMMENTS TO WHAT'S ACTUALLY AT ISSUE HERE. AND THE NEXT NAME I HAVE IS KATE CARREJO. TELL ME I PRONOUNCE THAT NAME CORRECT. YOU DID? OH, GOOD. YES, SIR. MY NAME IS KATE CARREJO. I LIVE AT 1125 NORTH AZALEA DRIVE. I IN TYLER, I. AM I ALLOWED TO ASK YOU QUESTIONS OR DOES THIS ONLY GO ONE WAY? I'D RATHER YOU JUST TELL ME. TELL US WHAT YOU HAVE TO SAY. WELL, MY FIRST COMMENT THEN WOULD BE I FAIL TO SEE HOW ANYTHING THAT'S BEEN MENTIONED UP HERE HASN'T BEEN RELEVANT, OTHER THAN PERHAPS THE COMMENT ABOUT ANY IMPROPRIETY ON BEHALF OF THIS BOARD. I THINK EVERYTHING THAT MY NEIGHBORS HAVE SAID HAS BEEN INCREDIBLY RELEVANT TO THE CONCERNS THAT OUR COMMUNITY HAS ABOUT THIS PROPERTY AND ITS PLACEMENT, AS WELL AS THE NATURE OF THE BUSINESS THAT IS BEING PROPOSED TO GO IN THIS SPACE. ONE THING THAT MY NEIGHBORS HAVE MENTIONED PLENTY ALREADY IS HOW MANY THAT LIVE EVEN CLOSER, THAT THEY ARE GOING TO BE SUFFERING FROM THESE DIRECT EFFECTS THAT WE ALREADY KNOW ABOUT, NOT TO MENTION THE ONES THAT HAVE NOT YET BEEN SCIENTIFICALLY STUDIED PROPERLY, BECAUSE THIS TECHNOLOGY IS TRYING TO BE DEPLOYED INTO OUR SOCIETY AT A UNPRECEDENTED SPEED, AT ZERO CONSIDERATION FOR HOW IT ACTUALLY AFFECTS HUMAN BEINGS, MUCH LESS THE REST OF THE ENVIRONMENT THAT WE DO DEPEND ON TO STAY ALIVE. WE HAVE ALSO SEEN OTHER DATA CENTERS GET CAUGHT SKYROCKETING THE INCIDENCE RATES OF CANCER IN THEIR COMMUNITIES BY LEACHING HEAVY METALS INTO THEIR GROUND. THAT DOESN'T NOT JUST AFFECT THE ONE MILE AREA OR 300FT AROUND THE PROPERTY THAT AFFECTS ALL OF THE PEOPLE THAT LIVE IN THE AREA. ANOTHER THING THAT MY NEIGHBOR JUST MENTIONED ABOUT HEARING LOSS IS THAT IS ALREADY AN ISSUE THAT IS INCREASINGLY IMPACTING YOUNGER AND YOUNGER PEOPLE. MY OWN CHILD ALREADY WEARS HEARING AIDS. I AM VERY DISINTERESTED IN ANYTHING THAT COULD POTENTIALLY CAUSE MY CHILD TO LOSE MORE HEARING. AND FRANKLY, THIS IS PRESENTED IN EVERY WAY AS SOMETHING THAT IS INTENDED TO ENRICH THE PROPERTY OWNER AND NOT THE COMMUNITY. THIS PROJECT IS FOR THE SAKE OF HIS AMERICAN DREAM AT THE EXPENSE OF OUR AMERICAN DREAMS. THIS IS MY AMERICAN DREAM RIGHT NOW AND I DON'T WANT IT COVERED OVER AND LITERALLY. LIKE I CAN'T EVEN HEAR MY OWN SELF THINK IN MY OWN CITY. AND THE FACT THAT IT'S TRYING TO GO IN RIGHT NEXT TO DOWNTOWN, THAT WE JUST SPENT ALL THIS TAXPAYER MONEY REVITALIZING, TRYING TO GET PEOPLE TO GO THERE. WHY WOULD PEOPLE WANT TO GO THERE WHEN IT'S RIGHT NEXT TO THIS DATA CENTER, THAT WE CANNOT GUARANTEE PEOPLE'S SAFETY IF WE HAVE NOT STUDIED THIS SUBJECT SUFFICIENTLY? I YIELD THE REST OF MY TIME. THANK YOU. AMANDA STEWART, AMANDA STEWART, I'VE GOT EVERYBODY WHO SAID THEY CERTAINLY HAVE. GUY SLIM, GUY SLIM. MR. SLIM. IF MR. SLIM IS NOT HERE, ADAM JIMENEZ. THANK YOU ALL FOR YOUR TIME. I'M ASKING THE COMMITTEE TO DENY THIS REQUEST ON THE GROUND. I'M TERRIBLY SORRY. ADAM JIMENEZ, 5100 SWEET BRIER LANE, 75703. I'M ASKING THE COMMITTEE TO DENY THIS REQUEST ON THE GROUNDS THAT THE CENTER WILL HAVE MUCH WIDER NEGATIVE EFFECTS THAN IN JUST THE DETRIMENT OF THE LOCAL NEIGHBORHOODS AND THE HISTORIC ESTABLISHMENTS OF THE AREA. I WANT TO START BY MENTIONING THAT TYLER IS CURRENTLY UNDER A WATERING SCHEDULE DUE TO ONGOING USAGE STRAINS ON OUR WATER SYSTEM. I BRING THIS UP BECAUSE THE IDEA OF A CLOSED LOOP SYSTEM AS IT STANDS IS VERY MISLEADING. THERE ARE MANY EXAMPLES NATIONWIDE OF THESE SYSTEMS NOT HOLDING UP TO THAT NAME. WE HAVE ACCOUNTS FROM BOTH FLORIDA AND NEARBY SHOWING FAULTS WITH THE CLOSED LOOP IDEA. THE FLORIDA WATER AND POLLUTION CONTROL OPERATORS ASSOCIATION REPORTS CLOSED LOOP CENTERS OFTEN STILL REQUIRE EXTERNAL EVAPORATION TOWERS, WHICH NEED TO BE FED CONTINUOUSLY TO COMPENSATE FOR HIGH TEMPERATURE DAYS. THIS INCLUDES DRY AIR COOLING SYSTEMS, WHICH REQUIRE WATER MISTING CALLED ATOMIZED MISTING, WHEN AIR TEMPERATURES ARE EXCESSIVE. AND I DON'T THINK I NEED TO REMIND ANYBODY WHO LIVES IN TEXAS JUST HOW HOT IT GETS AROUND HERE. IN ADDITION, WATER MISTING BECOMES LESS EFFECTIVE WHEN LOCAL HUMIDITY IS HIGH, WHICH THIS REGION IS VERY MUCH PRONE TO. WHEN IT'S HOT IN EAST TEXAS, IT IS HUMID AS WELL. FURTHERMORE, CLOSED LOOP OR NOT, THERE IS AN

[01:55:03]

WITH ALL THAT SAID, I ASK THE COMMITTEE TO CONSIDER WHO TRULY BENEFITS FROM THIS. AT THE END OF THE DAY, AND IF THAT BENEFIT AT ALL COMES CLOSE TO THE COST, THAT WILL BE BORNE NOT ONLY BY THE RESIDENTS WITHIN THE BOUNDS OF THE NEIGHBORHOOD, BUT ALL THROUGHOUT THE CITY OF TYLER.

DUE TO THE UPSTREAM COST INCREASES AND ENVIRONMENTAL IMPACTS. THANK YOU FOR YOUR TIME. RYAN DAVIS. MR. DAVIS. IF MR. DAVIS IS NOT HERE. LEIGH. ANNE SEWELL. HELLO, MY NAME IS LEANNE SEWELL. I ACTUALLY LIVE AT 168, FIVE EIGHT STATE HIGHWAY 110, NORTH LINDALE. I'M HERE REPRESENTING FAMILIES THAT LIVE NEAR THIS DATA CENTER THAT COME TO MY NONPROFIT. I'M ALSO HERE BECAUSE I JUST ATTENDED AUSTIN, TEXAS. THE TEXAS RESOURCE BOARD MEETING. AND I WANT TO TELL YOU, I AM SO EXCITED THAT YOU GUYS HAVE THE CHANCE TO SLOW THIS DOWN AT THIS POINT. MY BROTHER IS A COUNTY COMMISSIONER. MY DAD WAS A COUNTY COMMISSIONER. MY GRANDFATHER WAS A COUNTY COMMISSIONER. MY KIDS ARE SIXTH GENERATION LANDOWNERS IN WEST TEXAS. AND I CAN TELL YOU THAT WHAT'S GONE ON THERE HAS BEEN CRIMINAL COMMISSIONERS HAVE FOUND OUT THINGS IN GROCERY STORES THAT THEY SHOULD HAVE FOUND OUT AT THIS POINT. SO THANK YOU THAT YOU CAN CONSIDER THIS SUP. I'M ENCOURAGING YOU TO WATCH WATCH THE TEXAS RESOURCE BOARD HEARING. YOU WILL HEAR FROM YOURSELF DIRECTLY. WE HAD TO LISTEN TO 6.5 HOURS OF THE INFORMATION THAT YOU NEED TO KNOW IN FRONT OF YOU FOR A DATA CENTER. SO RETAIL IS ONE THING. A DATA CENTER IS A WHOLE NOTHER BALLGAME. AND I JUST WANT TO ENCOURAGE YOU TO PROTECT OUR FAMILIES FROM THIS BEING AN ISSUE. THE MORATORIUM IS BEING SUGGESTED. IT'S BEEN STRONGLY ENCOURAGED. CLAYTON HARRIS DID A GREAT JOB AT THE TEXAS RESOURCE BOARD. EVERYONE IS DOING GOOD. IT'S JUST EVERYTHING, PLEASE NEEDS TO SLOW DOWN. THANK YOU. THAT THAT IS THE LAST NAME I HAVE OF PERSONS WHO HAVE SIGNED UP TO SPEAK. IF THERE IS SOMEONE ELSE WHO HAS A A DESPERATE NEED ON THEIR HEART TO SAY SOMETHING.

YES, SIR. THIS GENTLEMAN, THIS GENTLEMAN HERE. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YEAH. COMMISSIONERS. CHAIRMAN NEAL VOZZO. 320 SOUTH BROADWAY. AND REALLY EXCITED ABOUT DOWNTOWN. I WAS EXCITED SO MUCH ON THE DEVELOPMENT. I LIVE NOW DOWNTOWN ABOUT A HALF A MILE AWAY. SO REALLY NOT AGAINST DATA CENTERS. A COUPLE KEY POINTS THAT I'M NOT GOING TO REPEAT WHAT OTHER PEOPLE HAVE SAID. HOPEFULLY NOT. A COUPLE ITEMS. I THINK THIS IS PROBABLY MORE APPROPRIATE IN A TRUE INDUSTRIAL PARK. NOT NEAR, NOT NEAR PRIMARY RESIDENCE. AND HOPEFULLY THE CITY OF TYLER IS GOING TO CONTINUE TO GROW AND HAVE MORE RESIDENTS DOWNTOWN.

SO IT'S GOING TO AFFECT MORE AND MORE PEOPLE. OF COURSE, THERE'S THE THE NOISE, ALSO THE HEALTH ISSUES THAT ARE OUT THERE. I'M A I WORK DOWNTOWN, I LIVE DOWNTOWN, I SLEEP DOWNTOWN,

[02:00:04]

I PULLED UP LAWSUITS IN THE LAST TWO MONTHS REGARDING THESE. THERE'S NOT ONLY ONE THE ONE IN GRANBURY THAT'S DISTURBING. THERE'S OREGON, VINELAND, NEW JERSEY. I DON'T KNOW HOW CLOSE THAT IS TO THEIR HEADQUARTERS. MISSISSIPPI, WISCONSIN. THE KEY THING IS, UNLESS YOU GUYS HAVE DONE A A STUDY ON THE TRUE IMPACT. AND I THINK THERE'S A LOT OF THINGS HEALTH WISE THAT ARE UNKNOWN. I MEAN, YOU'RE PROBABLY THERE COULD BE LITIGATION CONCERNS. AND, AND I DON'T KNOW IF YOU'RE CAPABLE OF QUANTIFYING THAT AND ESCROWING OUR TAXPAYER DOLLARS FOR, FOR SUCH STUDIES. SO I ASKED YOU GUYS TO PUT THIS DOWN. IF YOU DO HAPPEN TO GO AHEAD AND PASS IT, HAVE IT REALLY TIGHT ON THE DECIBEL LEVEL, AND ALSO LOOK AT SOME TYPE OF MONITORING COMPLIANCE SYSTEM. THERE'S ONLY HOLD THEM TO ACCOUNTABLE TO WHAT WHAT THEY SAY THEY'RE GOING TO DO. AND I HAVEN'T HEARD ANYTHING TO THAT EFFECT THAT IS IN PLACE OR STUDIED. SO I ASK YOU TO REJECT IT. THANK YOU, THANK YOU. I THINK THERE WAS ONE OTHER PERSON. OKAY. ARE THERE PERSONS HERE WHO WOULD LIKE TO SPEAK? SEVERAL? NO, SHE SAID TO REFRESH YOUR REFRESH, YOUR SCREEN REFRESH. INFORMATION. THEY DON'T. WE I'M WE'RE EVIDENTLY THEIR NAMES ON THE SCREEN THAT I DON'T HAVE. SO WE'RE REFRESHING THE SCREEN SO THAT I CAN HAVE ACCESS TO THOSE NAMES. AND MR. KINGMA IS HELPING ME WITH THAT BECAUSE. OKAY, OKAY. WE JUST WE. MARK WATLEY OH, THAT'S NOT ONE. IS LAUREL PALMER ONE OF THE PERSONS WHO WOULD LIKE TO SPEAK.

IF NOT, IS RONNIE HOWARD. I THINK SHE'S SOMEONE WHO WOULD LIKE TO SPEAK ON THIS ITEM.

NANCY NICHOLS LIKE TO SPEAK ON THIS ITEM. THANK YOU, CHAIR HUDSON. THANK YOU TO EACH ONE OF THE MEMBERS WHO ARE SERVING HERE, AND ESPECIALLY TO THE STAFF WHO BROUGHT FORWARD SUCH

[02:05:02]

NANCY NICHOLS, YOUR NAME AND ADDRESS FOR THE RECORD. THANK YOU. NANCY NICHOLS 11650 COUNTY ROAD 4215, TYLER, TEXAS 75706. AND WITH ME GIVING MY ADDRESS, I WANT TO SAY WATER. AIR.

DOESN'T KNOW BOUNDARIES GOING GOING FORWARD. ON JUNE 15TH. AT THAT MEETING, MARK CAN'T REMEMBER HIS LAST NAME. THE OWNER SAID THAT THIS IS CLOSED LOOP SYSTEM IS LIKE A RADIATOR.

IT DOESN'T NEED ANY WATER EVER. IT DOESN'T NEED ANY WATER ADDED, BLAH BLAH, BLAH. NOW WE ALL KNOW BECAUSE WE'VE DEALT WITH RADIATORS, WE'VE TOPPED OFF RADIATORS, WE'VE FLUSHED RADIATORS. WE ALSO KNOW WHAT'S WHAT COMES OUT OF RADIATORS AND WHAT COMES OUT OF WHEN YOU FLUSH THIS KIND OF SYSTEM, WHAT YOU GET ARE THE FOREVER CHEMICALS. THOSE ARE CHEMICALS THAT WE KNOW CAUSES CANCER. SO THAT'S A WHOLE NOTHER ASPECT OF HAVING TO THINK. YOU ALL HAVE TO THINK AND PROJECT WHAT'S HAPPENING ON DOWN THE LINE. THE SECOND THING HAS TO DO WITH THE SOUND, AND I KNOW YOU HEARD A LOT ABOUT THIS. WHAT I'M GOING TO ASK, WOULD YOU TAKE A LOOK AT TYLER, TEXAS AND DO A COMPARISON? BECAUSE THOSE ARE TALLER TEXAS DATA SYSTEM OR THE BIT MIND THING IS VERY COMPARABLE TO WHAT'S LOOKING AT COMING IN HERE. THEY HAVE A 40 FOOT SOUND BARRIER GOING ALL THE WAY AROUND 40 FOOT, AND STILL THE RESIDENTS FEEL THE VIBRATION, THEIR WINDOWS VIBRATE. THIRD THING WE HEARD A LOT FROM MR. MARK ABOUT MAKING IT PRETTY. WE HEARD A LOT ABOUT THAT AND THE TLC. WELL, FRANKLY, MY DEAR, I DON'T. YEAH, ABOUT IT BEING PRETTY. THIS SOUNDS LIKE LIPSTICK ON THE PIG. INSTEAD OF ADDRESSING HEALTH ISSUES AND A VIABLE, VIABLE STUDIES FROM AN INDEPENDENT SOURCE HAVING TO DO WITH SOUND AND SO FORTH, HE'S MAKING IT PRETTY. THAT'S ALL I HAVE TO SAY. THANK YOU. AND PLEASE CONSIDER REJECTING IT. KAREN JOHNS, KAREN JOHNS. NO COMMENTS. IN THE OVERFLOW ROOM, I AM SOAKED TO THE BONE. THAT'S HOW DETERMINED WHEN MY CAR PULLED UP AND IT WAS DRENCHING AND I MADE THE DECISION, KAREN, JUST STAY IN THE CAR. AND I SAID, NO. I CAME IN AND GOT SOAKED. TELL US WHO YOU ARE AND WHERE YOU LIVE. I'M SORRY. KAREN JOHNS AT 417 SOUTH BONNER AVENUE IN THE LOVELY CITY OF TYLER, TEXAS. I PURCHASED MY DREAM HOME TEN AND A HALF 11 YEARS AGO. I'M RIGHT OFF THE BRIDGE STREETS. IT WAS BUILT IN 1930 AND I COULDN'T BE HAPPIER. UNFORTUNATELY, MY DREAM HOME. IF THIS DECISION IS APPROVED, WILL NOW BECOME MY NIGHTMARE. PLEASE DON'T MAKE THAT. I'VE WORKED TOO HARD ALL MY LIFE. I MEAN, THEY GO ABOUT. IT'S GOING TO BE THE ANTIFREEZE AND THE GLYCOL WITH THE WATER. I WAS AN AUTOMOTIVE FOR OVER 20 YEARS. OKAY? IT'S GOT TO BE FLUSH. IT WASN'T COVERED. WHERE IS THIS FLUSHED GOING TO BE STORED AT? THEY'RE NOT ALLOWED TO STORE THINGS ON THE PROPERTY. CORRECT. WELL, THEN HOW IS THAT GOING TO BE DISPOSED OF? YOU KNOW, THERE'S QUESTIONS THAT WE NEED ANSWERS FOR THAT Y'ALL, FROM MY UNDERSTANDING AND MY READING OF THE APPLICATION AND THE SUPPLEMENTS HAVE NOT BEEN ADDRESSED BEFORE YOU MAKE A DECISION, THESE NEED TO BE ADDRESSED, NOT JUST FOR ME. AND I LIVE, BY THE WAY, LESS THAN A MILE AWAY ON THE BRICK STREETS. THAT'S LESS THAN A MILE POINT SEVEN AND POINT EIGHT, DEPENDING HOW YOU LOOK AT IT. PLEASE DON'T TURN MY LIFE INTO A NIGHTMARE. I MEAN, WE'VE GOT ENOUGH CHALLENGES IN LIFE. DON'T. DON'T MAKE THIS ANOTHER ONE OF MINE. THANK YOU, THANK YOU. CHRIS. MORE. ERIC. RYAN. GOOD AFTERNOON. MY NAME IS ASHLYN MOORE, 2738 CRESTVIEW

[02:10:14]

WHEN A COMMERCIAL PROJECT PLACES THIS KIND OF EXTREME LOAD ON THE POWER GRID, IT FREQUENTLY FORCES UTILITY PROVIDERS TO REQUEST RATE HIKES ON EVERYDAY CITIZENS TO FUND INFRASTRUCTURE EXPANSIONS. WILL THE DEVELOPER EXPLICITLY COMMIT TONIGHT TO PAYING 100% OF ALL GRID AND SUBSTATION UPGRADES? OR ARE TYLER FAMILIES GOING TO SEE OUR MONTHLY ELECTRIC BILLS INCREASE TO SUBSIDIZE THIS FACILITY? SECOND, ON PUBLIC SAFETY, SINCE THERE ARE NO DIESEL GENERATORS, THIS FACILITY MUST RELY ON A MASSIVE INDUSTRIAL BATTERY BACKUP SYSTEM TO GUARANTEE UPTIME. THESE LITHIUM ION BANKS CARRY A SEVERE, WELL-DOCUMENTED RISK OF THERMAL RUNAWAY CHEMICAL FIRES AND TOXIC GAS LEAKS THAT STANDARD WATER HOSES CANNOT PUT OUT. HAS THE TYLER TYLER FIRE DEPARTMENT FORMALLY SIGNED OFF ON A SPECIALIZED HAZARDOUS MATERIALS RESPONSE PLAN FOR THIS SITE, OR WILL TYLER TAXPAYERS BE FORCED TO FOOT THE BILL FOR SPECIALIZED EMERGENCY EQUIPMENT? IF THE DEVELOPER CANNOT PROVIDE HARD NUMBERS ON THESE UTILITY COSTS AND SAFETY RISKS, I ASK THE COMMISSION TO TABLE THIS PROJECT AS THE COMMISSION EVALUATES THE LONG TERM IMPACT OF THIS PROJECT, WE RESPECTFULLY REQUEST THAT YOU LOOK INTO THE BROADER ECONOMIC RIPPLE EFFECTS ON OUR LOCAL UTILITIES. BECAUSE A CLOSED LOOP COOLING SYSTEM SWITCHES THE BURDEN FROM WATER TO A MASSIVE CONTINUOUS ELECTRIC DRAW, WE WOULD ASK THE CITY TO CONDUCT AN INDEPENDENT INQUIRY INTO HOW THIS INFRASTRUCTURE DEMAND MIGHT AFFECT ORDINARY CITIZENS. SPECIFICALLY, WE ASK THAT YOU VERIFY WHETHER THE GRID AND SUBSTATION UPGRADES REQUIRED FOR THIS FACILITY COULD LEAD TO UTILITY RATE INCREASES FOR TYLER HOUSEHOLDS, OR IF THE DEVELOPER WILL FULLY COVER THOSE INTEGRATION COSTS.

ENSURING OUR RESIDENTS MONTHLY BILLS ARE PROTECTED SEEMS LIKE A VITAL PIECE OF INFORMATION TO HAVE BEFORE MOVING FORWARD. ADDITIONALLY, SINCE THE PROPOSAL REPLACES TRADITIONAL GENERATORS WITH A MASSIVE INDUSTRIAL BATTERY STORAGE SYSTEM, WE RESPECTFULLY REQUEST AN INDEPENDENT SAFETY INQUIRY. WE ASK THAT THE CITY FORMALLY CONSULT WITH THE TYLER FIRE DEPARTMENT TO REVIEW THE SPECIFIC HAZARDS OF LITHIUM ION THERMAL RUNAWAY FIRES. IT WOULD GIVE THE COMMUNITY PEACE OF MIND TO KNOW WHETHER OUR LOCAL EMERGENCY TEAMS CURRENTLY HAVE THE SPECIALIZED HAZMAT EQUIPMENT NEEDED FOR THIS TYPE OF FACILITY, OR IF IT WOULD REQUIRE A NEW TAXPAYER FUNDED INFRASTRUCTURE INVESTMENT. OVERALL, I ASK THAT THIS PERMIT BE DENIED, BUT IF IT IS APPROVED, I ASK THAT THESE QUESTIONS BE ADDRESSED IN THEIR ENTIRETY. THANK YOU FOR YOUR TIME. AARON BURR IS HERE ON THIS ITEM. YEAH. RODRIGO GOMEZ HERE ON THIS ITEM. YES, SIR. SORRY, MY PAPER IS WET. MY NAME IS RODRIGO GOMEZ. I LIVE ON 2210 PLEASANT DRIVE. WIDE. DATA CENTERS ARE BAD FOR COMMUNITIES. I'M HERE TODAY TO TALK ABOUT THE PROPOSED DATA CENTER TRYING TO BE BUILT JUST DOWN THE ROAD FROM WHERE WE ARE STANDING. I FOUND OUT ABOUT THIS PROJECT ON JUNE 15TH, AND I WENT TO THE PUBLIC MEETING THAT A COUNCIL MEMBER ORGANIZED THAT SAME NIGHT. EVEN THOUGH I KNEW SOME INFORMATION ABOUT DATA CENTERS, I WAS STILL IGNORANT ABOUT HOW THEY WORKED. I WENT INTO THE MEETING WITH AN OPEN MIND AND READY TO LEARN, BUT VERY QUICKLY I REALIZED THAT FOR ONE, THE QUESTIONS WERE NOT GOING TO BE ANSWERED COMPLETELY OR WERE BEING DEFLECTED AND IN SOME CASES NOT EVEN ANSWERED AT ALL.

AND SECOND, THAT MAJORITY, IF NOT ALL, OF THE COMMUNITY GATHERED THERE THAT DAY WERE COMPLETELY AGAINST THIS DATA CENTER BEING BUILT. OF COURSE, I WAS OUTRAGED AND AT WHAT I HAD WITNESSED. I SPOKE TO THE COUNCIL MEMBER AFTER THE MEETING AND I LET HER KNOW MY POSITION AND ASKED HER WHAT I COULD PERSONALLY DO. SO THIS PROJECT GETS REJECTED. SHE TOLD ME TO SHOW UP FOR THE MEETING TODAY. IF I CAN BE HONEST. FOR A MOMENT, I WAS COMPLETELY IRRITATED WITH HOW THAT COUNCIL MEMBER ANSWERED MY QUESTION. SO AT THAT MOMENT, I DECIDED THAT I WOULD DO MY RESEARCH AND SPEAK AT THIS MEETING TODAY. A ONE STATISTIC OF DATA FOR THE DATA CENTER. 60% OF DATA CENTERS ARE FOUND IN TEN STATES, VIRGINIA, TEXAS BEING THE. THE

[02:15:06]

LET'S HAVE. OH, I THOUGHT I WAS LOUD ENOUGH. LET'S HAVE URBAN FARMS IN NORTH THAILAND. WHY? BECAUSE IT'S 40% VACANT. AS IN NO HOMES NOR BUSINESSES AND ANYTHING OVER 15% IS CONSIDERED BAD. ANYWAY, I FOUND A COOL ARTICLE CALLED CULTIVATING COMMUNITY BY LIZBETH SCORDO AND TRIPLE A EXPLORER BACK IN 23, AND THEN SOMEBODY FROM THE ROSE CITY FARMERS MARKET AGREED, CALLING THAT REGION A FOOD DESERT. OKAY. URBAN FARMS NOT ONLY GROW FOOD, THEY EDUCATE PEOPLE ABOUT FARMING AND SERVING SOCIAL HUBS. IN THIS ARTICLE, THEY ANALYZED. SIR, WE'VE WE'VE VARIED PRETTY FAR FROM THE SPECIAL USE PERMIT. OKAY, I'LL I'LL STAND REAL

[02:20:07]

YES. GOOD AFTERNOON. MY NAME IS MITCH BROWN. MY ADDRESS IS 809 LA VISTA, TYLER, TEXAS, 75703.

MR. CHAIRMAN, MEMBERS OF THE COMMISSION, I APPRECIATE MY TIME TO BE ABLE TO SPEAK WITH YOU TODAY. I LIVE HERE, I RUN A CONSTRUCTION COMPANY HERE. I'M THE AGENT OF RECORD ON THIS APPLICATION. I'VE BUILT MY I'VE BUILT AND OPERATED IN TYLER MOST OF MY ADULT CAREER, AND I WOULD NOT PUT MY NAME ON A PROJECT THAT DOESN'T STAND UP. THIS PROJECT IS FOR CONTAINERS OF COMPUTERS AND FOR CONTAINERS OF COOLERS, A 250 SQUARE FOOT OFFICE INSIDE A BUILDING THAT'S ALREADY THERE. THAT'S IT. THAT'S THE ENTIRE PROJECT. THE EQUIPMENT TAKES UP LESS THAN HALF AN ACRE ON GROUND THAT'S BEEN ZONED INDUSTRIAL FOR DECADES. THERE'S NO GENERATORS, THERE'S NO FUEL, THERE'S NO COMBUSTION, THERE'S NO ODOR, THERE'S NO HAZARDOUS MATERIALS.

THERE'S NO TRUCK TRAFFIC. WE ARE NOT ASKING FOR ANY REZONING. WE ARE NOT ASKING FOR ANY VARIANCE, NO EXCEPTION TO ANY STANDARD OF THE CODE. ESPECIALLY NO ADJUSTMENT TO THE NOISE LIMIT, BECAUSE I KNOW THAT'S BEEN TALKED ABOUT A LOT TODAY. WE EXPECT TO BE HELD ACCOUNTABLE TO ALL SOUND STANDARDS THE CITY APPLIES. ON COMPATIBILITY WITH THE SURROUNDING PROPERTY. IT COMES DOWN TO ONE THING. THE EFFECT ON THE NEIGHBORS. AND WE'VE CONTROLLED EVERY EFFECT. THE CODE NAMES, THE SOUND STAYS UNDER THE CITY LIMITS. THE LIGHTS POINT DOWN AND AWAY FROM HOMES. THE SCREENING IS A SOLID FENCE BUILT TO CITY SPECS. THE COOLING IS SEALED WITH NO COMBUSTION AND NO ODOR. THE USE IS LOCKED. WHAT WE'RE TELLING YOU TODAY IS ALL THIS PROJECT WILL EVER BE. IT'S NOT GOING TO EXPAND. WE WROTE 15 CONDITIONS AND FILED THEM OURSELVES, AND WE'RE ASKING YOU TO ENFORCE ALL 15 OF THOSE CONDITIONS. A WORD ON THE TYLER TOMORROW PLAN. IT'S A GOOD PLAN FOR TYLER, AND IT LOOKS AHEAD TO 2045. SO HERE'S THE REAL QUESTION. HOW DO YOU LET A BUSINESS OPERATE HERE TODAY WITHOUT GETTING IN THE WAY OF THE FUTURE? THE PERMIT IS THE ANSWER. WE'RE ASKING FOR AN EIGHT YEAR SPECIAL USE PERMIT. IF THIS AREA GROWS TOWARD THE PLAN AND OUR USE NO LONGER FITS, THE PERMIT EXPIRES AND THE GROUND IS AVAILABLE AND OPEN TO THE FUTURE. WE'RE NOT ASKING YOU TO CHOOSE BETWEEN THIS BUSINESS AND THE PLAN. WE'RE GIVING YOU BOTH. SO WITH THE RECOMMENDATION OF DENIAL IN FRONT OF YOU, HERE'S MY REQUEST. TELL US THE SPECIFIC IMPACT THIS PERMIT LEAVES OPEN AND THE CONDITION THAT WOULD CLOSE IT. AND WE WILL WORK WITH YOU TODAY TO TO GET IT INTO THE FILE. HERE IS THE ASK. EIGHT QUIET CONTAINERS, A STAMPED ACOUSTICAL REPORT, 15 CONDITIONS WE WROTE AND ARE ASKING YOU TO ENFORCE RECOMMEND APPROVAL SUBJECT TO EVERY CONDITION IN THE FILE, INCLUDING THE EIGHT YEAR TERM, AND HOLD THIS FACILITY TO EVERY PROMISE MADE TODAY IN WRITING FOR AS LONG AS IT OPERATES.

THANK YOU. SAID A QUESTION. THANK YOU FOR YOUR YOUR TIME AND PRESENCE. ARE THERE QUESTIONS FOR THIS GENTLEMAN? I HAVE A QUESTION NOW FOR KYLE. KYLE. MR. BROWN MENTIONED EIGHT YEARS ON THE SUP, BUT IN THE ZONING ITEM IT SAYS FOR AN INDEFINITE PERIOD. SO NOW WE'VE

[02:25:04]

RIGHT. THEY THEY CHANGED THE REQUEST IN TURN FROM INDEFINITE TO TO EIGHT YEARS. OKAY. IS THAT REFLECTED IN THE PROPOSAL THAT WE'RE ASKED TO VOTE ON? YES. MR. BROWN, HAVE YOU HAVE YOU BUILT ONE OF THESE BEFORE? I HAVE NOT. ANY OTHER QUESTIONS FOR MR. BROWN. MR. BROWN, BE SURE TO ADDRESS THE QUESTIONS WHEN IT COMES TO WATER USAGE AND THE INITIAL FILLING UP OF THIS DISTILLED WATER, HOW MANY GALLONS IS GOING TO BE REQUIRED TO FILL THAT UP? ROUGHLY 2000 GALLONS. AND THAT'S AS A COMPARATIVE AS A WAY TO COMPARE. IT IS ABOUT A QUARTER OF A NORMAL SWIMMING POOL IN SOMEONE'S BACKYARD. SO A NORMAL SWIMMING POOL IS ABOUT 12 TO 15,000 GALLONS. AND THIS IS GOING TO BE WE'RE LOOKING AT 2001 TIME NO, NO MUNICIPAL WATER. AND IN THE MANNER OF WHICH THE QUESTIONS HAVE BEEN ASKED ABOUT IF THERE'S A FLUSHING NECESSARY FOR SUCH A SYSTEM, HOW DOES THAT HAPPEN THERE? THERE ARE COMPANIES THAT SPECIALIZE IN THAT. WE WOULD CALL A COMPANY, GET IT FLUSHED PROFESSIONALLY. SO IT DOESN'T GO DOWN THE NORMAL STORM DRAINS. IT DOES NOT. ON THE USAGE OF ELECTRICITY OR ON ON THE OTHER WATER. THERE'S NO. ABNORMAL SIZE OF TAP GOING INTO THIS. IT SAYS IT NEEDS A 24 INCH TAP OF ANYTHING LIKE THAT. NO, IT'S JUST A BATH THERE. IT'LL BE A BATHROOM IN A SINK IN THE OFFICE. OKAY. ON THE MITCH MENTIONED THE 15 POINTS. IS THAT 15 POINTS BEEN. SENT OUT TO EVERYONE? I HAVE IT, BUT IS IT SOMETHING THAT WE CAN BRING UP THERE TO SEE WHAT THOSE 15 POINTS WERE? I DON'T HAVE IT IN THE POWERPOINT. I DON'T KNOW IF THE APPLICANT HAS HAS THAT. I HAVE IT IN MY BOOK, BUT I DON'T HAVE IT ON A ON A COMPUTER. I CAN AS IMPORTANT AS THOSE THOSE MAY BE TO THIS APPLICATION. WE DON'T HAVE THEM WE'RE VOTING ON TODAY. IS THAT CORRECT? I CAN READ THEM. I THINK I'VE GOT WHAT YOU MIGHT WANT, BUT I'D HAVE TO READ THEM. OKAY. I THINK THEY'RE IN THE PACKET THAT WE RECEIVED. THAT WAS WELL OVER 100 PAGES IN THERE, AND I'VE READ THROUGH THOSE. I THINK IT'S IMPORTANT JUST TO NOTE THAT THOSE MANY OF THE QUESTIONS THAT HAVE COME UP HAVE BEEN ADDRESSED IN THIS PACKET, AND I APPRECIATE THAT.

ON KYLE PUTTING IT IN THERE AND ADDRESSING THOSE AND MITCH FOR YOU. BUT I THINK IT HAS A LOT TO STATE THAT THE QUESTION OF FIRE SUPPRESSION IS IN THERE. THE QUESTIONS OF WATER USAGE IS IN THERE, ELECTRICAL CAPACITY, SO ON AND SO FORTH ARE IN THERE AS WELL. IF I UNDERSTOOD YOU CORRECT, AM I RIGHT IN SAYING THAT YOUR REQUEST OBVIOUSLY IS SUBJECT TO THESE AT LEAST 15 POINTS AND THAT YOU ADHERE TO THOSE? THAT'S CORRECT. 100%. OKAY. AND IF THERE'S ADDITIONAL, WE'RE WILLING TO CONSIDER THIS TOO. WE WANT IT TO FIT. WE WANT TO BE GOOD NEIGHBORS. AGAIN, MR. BROWN, THANK YOU. ANY OTHER ANY OTHER QUESTIONS? THANK YOU. DOCTOR KOCHER. I'M RICK KOCHER 4411 CASCADE SHORELINE. AND I'M GLAD THIS IS NOT GOING TO BE A POPULARITY CONTEST. THIS IS A CLEAR CASE OF THEY ALWAYS TALK ABOUT GENERALS FIGHTING THE LAST WAR. AND ALL THE STUFF ABOUT DATA CENTERS IS NOT ABOUT THIS. IT'S ABOUT THE THE REALLY EGREGIOUS THINGS THAT ARE HAPPENING IN GRANBURY AND ABILENE IN WASHINGTON, WHERE THERE ARE HUGE DATA CENTERS WITH WASTING A LOT OF WATER, TAKING A LOT OF ELECTRICITY AND CAUSING A LOT OF MAYHEM. THESE GUYS HAVE TAKEN CARE OF EVERY ONE OF THOSE PROBLEMS, AND I'VE REALLY BEEN IMPRESSED WITH THEIR FACT THAT THEY'RE NOT USING WATER. THEY'VE GOT THE POWER ALREADY SIGNED UP FROM ERCOT, FROM NOT ERCOT, BUT WHOEVER ONCOR. THAT'S ALL SETTLED. THE NOISE THING SEEMS TO BE SETTLED, AND IT'S NOT A HUGE IT'S NOT A HUGE PARDON ME. WHERE WE'RE LISTENING TO DOCTOR KOCHER. SO LIKE I SAID, IT'S NOT GOING TO BE A POPULARITY CONTEST. BUT FROM MY

[02:30:02]

ANY QUESTIONS? ANY QUESTIONS. THANK YOU, THANK YOU, THANK YOU. YES, MA'AM. DID YOU SPEAK EARLIER? NO. OKAY. PLEASE COME TO THE MICROPHONE. EMILY ADDRESSED IN 20 WEST 10TH STREET. AND JUST TO GO ON RECORD, I SIGNED UP. I'VE BEEN HERE 15 MINUTES PRIOR TO THE MEETING. IT'S JUST WHAT I DO. AND I FELT THAT SURVEY OUT TWO TIMES. SO GLITCHES IN TECHNOLOGY. I JUST WANT TO ACKNOWLEDGE THAT. ANOTHER THING THAT THE GENTLEMAN BEFORE ME JUST SAID IS ECONOMIC OPPORTUNITY. 7 TO 10 JOBS, WHEN THE CITY, AS WE SPEAK, IS ALREADY GETTING ROBOTS TO DO THE JOB THAT OUR COMMUNITY MEMBERS COULD BE DOING RIGHT NOW AND CAUSING SAFETY HAZARDS. AND I THINK I JUST WANT TO ECHO WHAT MY COMMUNITY HAS SAID. I ALSO AM A TYLER NATIVE, BORN AND RAISED HERE IN TYLER. I SERVE FOR THE KEEP TYLER BEAUTIFUL BOARD. SO TO ME, REVIVING, BEAUTIFYING TYLER IS DEEP IN MY HEART AND A DATA CENTER IS NOT WHAT I AGREE. I'M ACTUALLY JUST WANT TO CUT CHASE TO MY ENTIRE POINT BECAUSE I. I NEEDED TO HEAD OUT NOW, BUT I ACTUALLY ENCOURAGED DRAFTING A MORATORIUM HOSTING THESE SPECIAL PERMIT PROJECTS AND DENYING THEM. AND THAT DISCUSSION BEGINS TODAY WITH ALL OF YOU WHO ARE VOLUNTEERS APPOINTED BY OUR CITY, ELECTED OFFICIALS, REPRESENTING THE BEST INTEREST OF OUR DIVERSE COMMUNITY. AND THAT COMMUNITY IS NOT ONLY THE ONE STANDING TOGETHER IN THIS ROOM, BUT OUR OVERWHELMING DISENFRANCHIZED WORKING CLASS WHO DO NOT HAVE THE PRIVILEGE TO SERVE AND ATTEND THESE MEETINGS DURING PEAK BUSINESS HOURS. AND WITH THAT, I JUST DON'T WANT TO WELCOME ANY DAMAGING DATA CENTERS THAT WOULD, IN FACT, CAUSE A RIPPLE EFFECT AND POTENTIALLY BECOME A HUB HUB FOR INVESTORS DEVELOPERS FOR ALL THE WRONG REASONS. I'M ASKING TO BAN AND DENY ALL TYPES OF DATA CENTERS IN TYLER, TEXAS TODAY AND MOVING FORWARD. IF NOT, WE'RE GOING TO CONTINUE BEING HERE IN THESE MEETINGS, ECHOING THE SAME MESSAGE WE ALL ECHO TODAY. THANK YOU. YES, SIR. MY NAME IS MILES ABEL. I'M A RESIDENT OF DALLAS, TEXAS. I REPRESENT THE LANDOWNER, BARRIO ENERGY. WE'VE BEEN PROVIDING LEGAL ADVICE ABOUT THE LAND USE PERMITTING PROCESS, AND I JUST WANTED TO COME BEFORE THE COMMISSION TODAY TO BRIEFLY PROVIDE YOU SOME BACKGROUND ABOUT THE RELEVANT PROCESS THAT I THINK IS AT STAKE HERE. IN MY UNDERSTANDING, WHEN THIS PROPERTY WAS PURCHASED IN EARLY 2024, THE CURRENT ZONING PLAN IN PLACE CONTEMPLATED A DATA PROCESSING CENTER OR DATA PROCESSING USE. AND IN TEXAS, WE HAVE WHAT'S CALLED A PERMISSION BY RIGHT TO USE PROPERTY THAT IS CURRENTLY ACCEPTABLE UNDER A ZONING PLAN. TO THE EXTENT A CITY WANTS TO REVISE THAT ZONING PLAN TO CHANGE THE USE, CHARACTERIZATION, CHARACTERIZATION OF THE PROPERTY, YOU KNOW, UNLESS THERE'S JUST A VERY RARE EXCEPTION, THE CURRENT USE TENDS TO BE GRANDFATHERED IN BECAUSE IT HAS VESTED RIGHTS AS A PERMITTED BY RIGHT PROJECT. TO THE EXTENT A SPECIAL USE PERMIT IS REQUIRED, THERE HAVE TO BE ACTUAL FINDINGS OF AN ADVERSE IMPACT. SO I WOULD JUST ASK THIS COMMISSION THAT IT MAKE LEGITIMATE DETERMINATIONS ON THE FACTUAL RECORD. THERE'S A LOT OF SPECULATION ABOUT WHAT COULD HAPPEN, AND I THINK THE MOST RELEVANT CONSIDERATION SHOULD BE THE FACTS ON THE GROUND. AND WITH THAT, I'LL CONCLUDE AND FIELD ANY QUESTIONS IF YOU HAVE THEM.

COUNSELOR, I APPRECIATE YOUR COMMENTS, BUT IT'S MY UNDERSTANDING FROM STAFF AND FROM THE ATTORNEY'S OFFICE THAT WE DO HAVE TO DO THIS SPECIAL USE PERMIT AND THAT THE PROPOSED USE IS NOT GRANDFATHERED. IS THAT IS NOT IS THAT CORRECT? THAT'S MY UNDERSTANDING. I APPRECIATE YOUR YOUR YOUR COMMENTS COMING ALL THE WAY FROM DALLAS TO SHARE SHARE WITH US. YES, SIR. THANK YOU, MR. CHAIR. I HAVE A QUESTION. ARE YOU FAMILIAR WITH THE MORATORIUM PASSED BY NEW YORK STATE LEGISLATURE, JUST LEGISLATURE JUST LAST MONTH

[02:35:03]

ANY FURTHER QUESTIONS? THANK YOU FOR YOUR TIME. ANY QUESTIONS FOR THIS GENTLEMAN? THANK YOU. THANK YOU FOR YOUR TIME. PRESENTS. YES. THERE'S ONE GENTLEMAN IN THE BACK. MY NAME IS CODY JONES. MY ADDRESS IS 2772 SOUTH SOUTHEAST LOOP, TYLER, TEXAS. MY NAME IS AGAIN, MY NAME IS CODY JONES. I'M THE CEO OF THE GREATER TYLER ASSOCIATION OF REALTORS, AND I'M HERE ON BEHALF OF THEM. WHEN WHEN WE'RE DONE HERE, BRANDON'S GOT A COUPLE OF FOLDERS JUST TO GIVE YOU ALL JUST SUPPLEMENTAL MATERIAL AND ALSO A COPY OF THE STATEMENT THAT WE'RE SUBMITTING ON BEHALF OF THE ASSOCIATION. TO PUT IT PLAIN, THE ASSOCIATION IS NEITHER FOR NOR AGAINST THIS PROPOSAL. THERE'S JUST A COUPLE OF THINGS THAT WE WANT TO BRING TO YOUR ATTENTION AND CONSIDER IT FRIENDLY ADVICE. TRRGTAR WOULD LIKE TO COMMEND THE APPLICANT. THIS PROPOSAL DEMONSTRATES A GENUINE EFFORT TO ADDRESS MANY OF THE CONCERNS TYPICALLY ASSOCIATED WITH A HIGH PERFORMANCE COMPUTING FACILITIES. THE SITE IS APPROPRIATELY LOCATED WITHIN AN M-1 LIGHT INDUSTRIAL DISTRICT, AND THE PROPOSAL DOES INCLUDE.

SHIELDED LIGHTING, REQUIRES COMPLIANCE WITH THE CITY'S EXISTING NOISE ORDINANCE, AND IT DOES UTILIZE A CLOSED LOOP COOLING SYSTEM THAT ELIMINATES ONGOING MUNICIPAL WATER CONSUMPTION. THOSE ARE ALL POSITIVE ASPECTS OF THIS DEVELOPMENT. THAT SAID, WE BELIEVE THERE ARE SEVERAL AREAS THAT DESERVE ADDITIONAL CONSIDERATION. FIRST, WHILE THE SURROUNDING AREA IS LARGELY INDUSTRIAL OR HAS CURRENT COMMERCIAL USE, THERE REMAINS AN ADJOINING R1B RESIDENTIAL PROPERTY AND OTHER PROPERTIES IN THE AREA. WE ENCOURAGE THE CITY TO ENSURE THAT NOISE MITIGATION ONGOING AND PROVIDE ONGOING MONITORING TO NOISE MITIGATIONS IS BOTH MEANINGFUL AND PROTECTIVE FOR THE HOMEOWNERS, NOT JUST ON PAPER, BUT IN PRACTICE. SECOND, THE PROPOSED USE IS BROADLY IS IS DESCRIBED IS DEFINED BROADLY AS INDUSTRIAL DATA PROCESSING OR HIGH PERFORMANCE COMPUTING. THAT DEFINITION EXTENDS WELL BEYOND BITCOIN MINING. WE ENCOURAGE THE COMMISSION TO CONSIDER WHETHER THE APPROVED USE SHOULD BE MORE NARROWLY TAILORED OR CLEARLY DEFINED FOR FOR ADDITIONAL APPLICATIONS.

THIRD, THE REQUEST, THE REQUEST, AND I REALIZE THERE WAS SOME DISCUSSION ABOUT THIS A WHILE AGO, BUT THE REQUEST THAT WE SAW WAS FOR AN INDEFINITE SPECIAL USE PERMIT. AND THAT JUST GIVES US PAUSE. IN GENERAL, SPECIAL USE PERMITS EXIST TO ALLOW PERIODIC REVIEW OF OF USES THAT REQUIRE ADDITIONAL SCRUTINY. AND WE BELIEVE THAT A DEFINED TERM WITH OPPORTUNITIES ON A RENEWAL BASIS TO BE TO BE ISSUED ON CONTINUED COMPLIANCE, AND THAT WOULD BETTER SERVE BOTH THE PROPERTY OWNERS AND THE COMMUNITY AS A WHOLE. FINALLY, WHILE THIS PROPOSAL CAPS ELECTRICAL SERVICE AT 12MW, THAT IS STILL A SUBSTANTIAL DEMAND FOR FACILITY WITH RELATIVELY FEW EMPLOYEES, WE SIMPLY ENCOURAGE THE COMMISSION TO FULLY WEIGH THE PUBLIC INFRASTRUCTURE INVESTMENTS ALONGSIDE THE PROJECT'S OVERALL COMMUNAL BENEFIT. AND THERE'S ONE THING THAT CAME UP AS A COMMENT HERE THAT THAT IN ALL MY YEARS OF PLANNING AND ZONING EXPERIENCE AND, AND REAL ESTATE DEVELOPMENT, LOBBYING IN OTHER STATES THAT I NEVER EVEN CONCEIVED, IT WAS ASHLAND, I BELIEVE WAS A YOUNG LADY'S NAME. SHE HAD MENTIONED ABOUT THE POSSIBLE HAZMAT REQUIREMENTS RELATED TO BATTERIES ON THIS FACILITY. I'M NOT AWARE OF WHAT WOULD HAVE TO BE RELATED, BUT IF THAT WERE TO ALSO IMPACT THE THE ISO RATINGS OF THAT OF THE COMMUNITY, THAT WOULD BE SOMETHING THAT THE REALTOR ASSOCIATION, BECAUSE WE ARE ALWAYS CONCERNED WITH AFFORDABILITY ISSUES AND HOW INSURANCE CAN TIE INTO AFFORDABILITY. THAT'S SOMETHING THAT WAS CERTAINLY RAISED A CONCERN FOR US. AGAIN, I WANT TO THANK THE COMMISSION AND THE CHAIR FOR LETTING US SPEAK HERE TODAY, AND ESPECIALLY FOR THE STAFF. I KNOW THIS ISSUE HAS GOTTEN MORE ATTENTION THAN ZONING ISSUES TYPICALLY GET, AND WE GREATLY APPRECIATE YOUR PATIENCE. THANK YOU ALL. THANK YOU. ARE WE ARE WE AT THE END OR ARE THERE SOME ARE THERE PERSONS HERE WHO NEED TO SPEAK ON THIS PARTICULAR ITEM? IF. IF NOT, ARE THERE COMMENTS OR QUESTIONS FROM THE COMMISSION? QUESTIONS FOR THE STAFF OR OTHERS. MR. CHAIRMAN, THERE'S A I'D ASK THERE'S AN ENCORE REPRESENTATIVE HERE. I'D LIKE

[02:40:04]

JUST STATE THE. STATE YOUR NAME AND TOM TRIMBLE. I WORK WITH ENCORE ELECTRIC DELIVERY. I'M THE EAST REGION DIRECTOR FOR ENCORE. THANK YOU. TOM, I APPRECIATE YOU COMING UP. MY QUESTION IS IT'S BEEN SOME CONCERNS ABOUT THE ELECTRICAL USE DURING WHEN IT'S GOING TO TAKE AWAY FROM THOSE NECESSITY, THOSE OTHER PEOPLE THAT NEED THE ELECTRICAL POWER. THERE'S A SUBSTATION NEXT TO IT. HOW DOES THAT SUBSTATION SUPPORT THIS PROPOSED IMPROVEMENT TO THE SITE? SO WHEN WHEN THE ANY CUSTOMER REALLY, WHETHER IT'S THIS CUSTOMER OR ANYBODY ELSE, WHETHER IT'S A MANUFACTURER OR A HOME, A CHURCH OR ANYTHING, WE LOOK AT HOW THAT LOAD, THAT PROPOSED LOAD WILL AFFECT THE SURROUNDING NEIGHBORS. BEFORE WE DO ANYTHING, AND WE WANT TO MAKE SURE IT DOESN'T HAVE A NEGATIVE IMPACT ON THE SURROUNDING AREA. SO WE RAN A STUDY ON THIS PARTICULAR PROJECT, AND THE SUBSTATION HAS CAPACITY TO HANDLE THAT PARTICULAR LOAD. IN FACT, IT HAS CAPACITY FOR GROWTH IN THAT AREA. WE JUST REPLACED THAT SUBSTATION NOT TOO LONG AGO WITH BIGGER TRANSFORMERS. SO THE THE ACTUAL LOAD IN THERE IS NOT A IT'S NOT A WORRY FOR US. SO AT PEAK TIMES, DO I UNDERSTAND IT THAT THIS PARTICULAR DATA MINING DATA MANUFACTURING WOULD ACTUALLY SHUT DOWN IN THAT CAPACITY GOES BACK IN. IT SHOULD NOT IMPACT IT THE OTHER CUSTOMERS AT ALL. OKAY. AND THERE WAS A COMMENT ABOUT BROWNOUTS IN THE SEASONAL BROWNOUTS IN TEXAS. DO YOU HAVE ANY OF THOSE. WE WE THE, THE ONLY LOAD SHED EVENT WE'VE, WE'VE HAD THAT I CAN REMEMBER IS DURING WINTER STORM URI SEASONAL COULD MEAN DURING THE STORM WHERE WE HAVE TREES FALL DOWN OR LIKE TODAY, WE HAD A LOT OF LIGHTNING, A LOT OF WIND, AND WE HAD A LOT OF TREES DOWN. WE'VE GOT A LOT OF OUTAGES. SO IF I SEEM A LITTLE DISTRACTED, WE GOT WE GOT GUYS OUT THERE WORKING RIGHT NOW AND, AND WORKING IN DANGEROUS CONDITIONS. SO BUT BUT NO, MY GUESS IS SEASONAL MEANS STORMS. WE, WE DON'T HAVE ANY OTHER KIND OF LOAD SHED EVENTS AT ALL. OKAY. THANK YOU. TOM. QUESTION THAT'S BEEN COMMENT THAT'S BEEN BROUGHT UP BY SEVERAL DIFFERENT INDIVIDUALS WORRIED ABOUT THIS AFFECTING THEIR RATE. SO THIS PARTICULAR CUSTOMER PAID FOR THE FACILITIES TO GO INTO THEIR, TO THEIR FACILITY. ANY CUSTOMER THAT ASKED FOR SERVICE FROM ENCORE, WHETHER THAT'S A RESIDENTIAL CUSTOMER OR A BIG MANUFACTURING PLANT, WE LOOK AT THE LOAD THAT'S GOING TO COME ON AND THEY HAVE WHAT'S CALLED AN ALLOWABLE AND WHAT WE SUPPLY FOR THEM. AND THEN ANYTHING ON TOP OF THAT, THE CUSTOMER PAYS. IN THIS CASE, THE CUSTOMER PAID THE ENTIRE PART OF IT. THERE WAS NO ALLOWABLE OFFERED. I THINK THAT I'M SORRY. MY QUESTION WAS PEOPLE WERE WORRIED THAT THIS TYPE OF USER, A HEAVY USER, IS GOING TO AFFECT THEIR RESIDENTIAL RATE.

IT'S GOING TO CAUSE THEIR PERSONAL RATES TO GO UP AS DEMAND GOES UP. MY UNDERSTANDING. NO, NO. THAT THAT THEIR, THEIR USE SHOULD NOT IMPACT THE RATES AROUND THEM AT ALL. GUARANTEES. I'M SORRY, I'M SORRY. WE'RE IF YOU HAVE A QUESTION, COME TO THE MICROPHONE OR ASK THIS GENTLEMAN. WE'RE NOT GOING TO ENGAGE. YEAH. HEY, TIM, QUICK QUESTION ON THE AMOUNT OF POOL. I KNOW THE GOVERNOR STATED THAT DATA CENTERS WILL NEED TO PROVIDE THEIR OWN ELECTRICITY GOING FORWARD, BUT EXPECTING THAT THAT'S A LARGER, MORE COMPLEX DATA CENTER. IS THAT CORRECT? THIS WELL, THIS TYPE OF DATA, THIS DATA CENTER HAS BEEN TALKING TO US FOR A LONG TIME, WELL BEFORE THAT. SO THIS TYPE OF THIS IN PARTICULAR PROJECT, NO, WE'LL SUPPLY POWER TO THEM. BUT I MEAN THOSE DATA CENTERS ARE MUCH LARGER, MUCH MORE. YOU'RE TALKING OVER 75MW. SO FOR FOR PERSPECTIVE, THIS IS 12 VERSUS A HYPERSCALER HYPERSCALER MIGHT BE IN THE GIGAWATT RANGE. SO THE ONES JUST FOR CLARIFICATION, I GUESS.

SO I'VE SEEN SOME PROPOSALS WHERE THERE'S A 300 ACRE DATA CENTER AND WE'RE TALKING ABOUT ONE AND A HALF ACRES HERE. THIS IS VERY SMALL. OKAY. THANK YOU FOR YOUR THANK YOU, THANK YOU.

COMMISSIONERS. OTHER QUESTIONS OR COMMENTS OR. WELL, WE'VE BEEN HERE FOR A LONG TIME, BUT WE HOPE WE'VE EXPLORED THIS. APPLICATION FOR AN SUV. PRETTY FULLY. BUT WE'RE OPEN TO OTHER

[02:45:12]

AND IT HASN'T MET MY FEELING THAT WE ADDRESS THAT COMPLETELY. AND I THINK THAT'S WHY THE PLANNING DEPARTMENT IS RECOMMENDING TO NOT GO WITH THIS IS BECAUSE WE STILL HAVE THOSE QUESTIONS THAT THAT THE THAT THE DBA IN THE AREA COULD BE MUCH HIGHER THAN WHAT IS WHAT THEY'RE HOPING FOR? DO. SO DO WE HAVE ANY INFORMATION AS TO WHAT MAYBE THE IN JUST A COMPARATIVELY SPEAKING, TO WHAT FLOWERS ACROSS THE STREET OR THE SUBSTATION IS CURRENTLY PUTTING OUT. NO, SIR. NOISE LEVEL. THE NOISE LEVEL. SO TO UNDERSTAND, I THINK THE THE SOUND STUDY ESTABLISHES THAT AMBIENT. NOW WHAT. WHO CONTRIBUTES TO THAT AMBIENT NOISE? I'M NOT SURE IF THE STUDY GOT INTO THAT DETAIL, BUT THAT THAT'S THAT WAS DONE BY THE APPLICANT. AND I THINK JUST TO PIGGYBACK OFF WHAT YOU WERE SAYING, YOU KNOW, ZONED M1 RIGHT NOW. AND NO ONE IT'S NOT BEFORE US TO CHANGE THAT. WE KNOW WHAT THE FUTURE LAND USE GUIDE IS, BUT WE'RE NOT CHANGING IT FROM M1. AND THERE ARE MANY THINGS TO A POINT MADE EARLIER THAT COULD GO INTO THAT SPACE, SPECIFICALLY WITH IT BEING ZONED M1, THAT WOULD NOT REQUIRE A SPECIAL USE PERMIT. HOWEVER, THIS PARTICULAR USE REQUIRES US TO VOTE ON THIS SPECIAL USE PERMIT OVER AND ABOVE WHAT'S ALLOWED FOR AN M1. AND I KEEP COMING BACK TO THE GUIDELINES FOR APPROVAL OF A SPECIAL USE PERMIT, SAYING THAT THE EFFECT IS MINIMAL WITH LITTLE TO NO ADVERSE IMPACT. AND I THINK THE QUESTION HERE IS, CAN WE GRANT THIS SPECIAL USE PERMIT? SAYING THAT IT HAS THE EFFECT IS MINIMAL, WITH LITTLE TO NO ADVERSE IMPACT, AND I FALL BACK ON WHAT THE PLANNING DEPARTMENT HAS SAID. I MEAN, THEY OBVIOUSLY, THE GREAT EDUCATION HAD STUDIED THIS WHOLE THING AND HAVE COME UP WITH THAT RECOMMENDATION. AND UNLESS THEY'RE CHANGING THAT RECOMMENDATION, IT JUST I DON'T KNOW. YOUR RECOMMENDATION. YES, SIR. SO KYLE, WITH THAT'S U P THERE WITH THOSE CONDITIONS THAT HAVE BEEN SET UP WITH AN ASSET IN IT, WOULD THAT OPERATE WITHIN THE SUP GUIDELINES. THOSE 15 CONDITIONS. I THINK THE QUESTION IS TO THE TO THE SATISFACTION OF THE COMMISSION WHETHER IT DOES OR NOT. I THINK ONE ONE THING I MENTIONED IS IT'S BEEN A FEW HOURS, BUT, YOU THE PROPOSED DISTANCE BETWEEN A.

THE EQUIPMENT FOR A DATA CENTER, THE COOLING EQUIPMENT AND A HOUSE AT 200FT. IF YOU WERE TO APPLY THAT. IF THAT WAS TO BE ACCEPTABLE STANDARD THROUGH THIS APPROVAL. THERE ARE OTHER PLACES WITHIN TYLER THAT IF THEY WERE TO REQUEST SIMILAR. IT SETS A PRECEDENT FOR FOR THAT. AND SO IT COMES DOWN TO WHAT IS PERHAPS A A GOOD SEPARATION STANDARD FOR, FOR RESIDENCES AND DATA CENTERS THAT STAFF. I KEEP GOING BACK, BUT STAFF'S EVALUATION OF WHAT THE APPLICANT HAS PROPOSED IS THAT'S NOT SUFFICIENT. THANK, THANKS. THANKS, MIKE. THANKS, KYLE. ANY OTHER. CHRISTINA. ANY OTHER. MR. CHAIR, I'D LIKE TO MOVE TO DENY S26-003. SECOND

[02:50:05]

WE'RE CALLING WE'RE CALLING THE ROLL ON. THIS IS THIS IS A VOTE ON A MOTION TO DENY HAS BEEN MADE AND SECONDED. AND SO I VOTE IS IN FAVOR OF THE MOTION TO DENY A NO VOTE WOULD BE IN OPPOSITION TO THE MOTION TO DENY. AND THAT'S WHY I'M ASKING FOR MARIA. I'M SORRY I DIDN'T MAKE IT CLEAR. OKAY. SCOTT WILLIAMS I JAMES WIN NO. PHILIP HUMBER I CHRISTINA DAVIS I MICHAEL CARMICHAEL I ROY MARTINEZ NO. DAVID HUDSON I THE I BELIEVE THAT'S A VOTE OF 5 TO 2 THE SUP APPLICATION IS DENIED. AT THIS WEEK. WE HAVE OTHER BUSINESS TO TO TAKE CARE OF. IF YOU'RE HERE FOR THIS ITEM IF YOU WANT TO CLEAR THE ROOM AND. WHERE, WHERE YOU STAND THE THE M THE OIL WELL TO THE NEAREST RESIDENCE, AND IT'S OUTSIDE OF THE. ITS COMPLIANCE. OKAY. I JUST REMEMBER WHEN THIS WAS DEALT WITH BEFORE, THAT WAS AN ISSUE ABOUT A HUNDRED YEARS AGO. ALL RIGHT. ARE THERE QUESTIONS HERE YOU'D LIKE TO SPEAK ON THIS ITEM YESTERDAY? HI. GOOD AFTERNOON COMMISSIONERS. THANK YOU FOR THE OPPORTUNITY. MY NAME IS ROSS BRUCE 4469 BLUEBONNET BOULEVARD, BATON ROUGE, LOUISIANA. WE ARE. THE APPLICANT DEVELOPED PROPOSED DEVELOPERS FOR THIS PROPERTY. FOR THIS PROJECT, I'M HERE WITH MY BUSINESS PARTNER AS WELL AS OUR DEVELOPMENT TEAM. AND OUR ENGINEER WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. JUST A COUPLE IMPORTANT POINTS. I WANT TO BE VERY BRIEF.

I KNOW IT'S GETTING LATE IN THE DAY, AND YOU GUYS GOT, I THINK, SIX OTHER CASES. WE MET WITH OUR NEIGHBORS LAST WEEK ON JULY 1ST. KIND OF DID AN OPEN HOUSE, HAD A TURNOUT, A GOOD TURNOUT, GOOD QUESTIONS. WE TRY TO ADDRESS EVERYONE'S CONCERNS. A COUPLE OF POINTS THAT WE DROVE HOME TO OUR NEIGHBORS THAT SEEMED TO RESONATE. IS THAT WHAT WE'RE PROPOSING, AS STAFF SAID, IS 6.2 UNITS PER ACRE. THE CURRENT ZONING ALLOWS FOR UP TO 24 UNITS AN ACRE, SO SUBSTANTIALLY LESS DENSITY IS OUR PLAN. ALL OF OUR RESIDENTS, ALL OF OUR HOMES WILL BE SINGLE STORY AS OPPOSED TO WHAT'S ALLOWED CURRENTLY IN THE ZONING, 3 TO 4 STORIES. SO THAT REALLY SEEMED TO MAKE A DIFFERENCE WITH OUR NEIGHBORS, AND THEY WERE RELIEVED TO FIND OUT, I GUESS, WHAT COULD HAPPEN HERE VERSUS WHAT WE'RE PROPOSING. THIS PLAN IS CONSISTENT WITH

[02:55:01]

WE ASK FOR YOUR YES, YOUR VOTE OF YES IN THIS REZONING. AND AGAIN, WE'RE HERE TO ANSWER ANY OF YOUR QUESTIONS OR CONCERNS. THANK YOU. THANKS. ANY QUESTIONS? ARE THERE OTHERS YOU'D LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST? YES, MA'AM. YES, SIR. RYAN DAVIS, ENGINEER FOR THE PROJECT WORK AT 23013 LAKES PARKWAY, MAINLY HERE IN CASE YOU ALL HAVE ANY CIVIL ENGINEERING RELATED CONCERNS OR QUESTIONS, I WANT TO MAKE SURE YOU ALL HAVE THE OPPORTUNITY TO ASK THEM. AND YOU AND YOU SAT THROUGH THREE HOURS OF. YES, SIR. THAT IS CORRECT. I, I SAT THROUGH THREE HOURS OF THAT TO ANSWER YOUR QUESTIONS. SO I HOPE ARE THERE OTHER OTHER QUESTIONS FOR MR. DAVIS? ANY OTHER PERSON WHO'D LIKE TO SPEAK ON THIS ITEM? YES. MY NAME IS DOROTHY STEINBACH. I LIVE AT 5809 PLANTATION, WHICH IS JUST RIGHT DOWN THE ROAD FROM THIS. I LOVE THIS PLAN. I THINK I WELCOME THE NEW HOUSING, I THINK IT'LL BE A GREAT ADDITION TO OUR NEIGHBORHOOD. MY ONLY CONCERN IS THE TRAFFIC. WE DO NOT HAVE ANY SIDEWALKS IN OUR NEIGHBORHOOD. SO WHEN YOU JOG, WALK YOUR DOG. KIDS RIDE THEIR BIKES, FAMILIES TAKE A WALK. IT'S ALL IN THE STREET. I DON'T SEE. I MEAN, WHO KNOWS HOW MANY CARS WILL BE AT WITH 170 UNITS, POSSIBLY TWO PER, WHICH. THE ONLY PROBLEM THAT I HAVE IS THAT END OF PLANTATION.

WHEN THEY CUT PLANTATION THROUGH TARIQ ROAD TO RICE ROAD, IT. WE NOTICED AN INCREASE.

WHEN THEY BUILT BRYN MAWR WE NOTICED AN INCREASE. I THINK WE WILL NOTICE AN INCREASE. I DON'T KNOW HOW BAD IT WILL BE. AND I HAVE A QUESTION. I DON'T KNOW IF IT COULD BE DIRECTED TO YOU OR. PLEASE. I'LL JUST THROW IT OUT THERE. SO RICK ROAD IS CURBED AND SIGNED ON OLD JACKSONVILLE HIGHWAY, BUT IT WILL COME TOWARD THIS END OF RICK ROAD TOWARD PLANTATION. IS THAT IN THE WORKS OF THE. WILL THAT STREET EVER BE BUILT? IT'S KIND OF A CURVED ON BOTH ENDS.

THIS LOOKS LIKE IT'S GOING TO PROHIBIT THAT FROM EVER BECOMING A ROAD, WHICH WOULD ALLEVIATE A LOT OF TRAFFIC, I THINK JUST A QUESTION THAT I HAVE. SO DO WE KNOW ABOUT RICK? I DON'T HAVE AN ANSWER, BUT MAYBE CARL DOES. RIGHT. SO IN THE PAST THERE WAS A PLAN FOR THAT CONNECTION TO BE MADE. BUT THAT THAT THAT'S NO LONGER GOING TO HAPPEN. OKAY. AND SO THAT WESTERN PORTION WILL TERMINATE AT THE CREEK AND. AND SO THIS. YEAH. NO CONNECTION.

YEAH. IT LOOKS LIKE IT WOULD HAVE TO GO STRAIGHT THROUGH THIS PROPERTY WHEN I SAW THIS ONLINE. SO OKAY. THANK YOU VERY MUCH. AND THANK YOU FOR YOUR TIME. ANY OTHERS WHO WOULD LIKE TO SPEAK ON THIS ITEM? YES, SIR. GOOD LATE AFTERNOON. MY NAME IS BRUCE BIERMAN. I LIVE AT 1309 WIMBLEDON DRIVE. I'M ON. IF YOU LOOK AT THAT MAP, THE VERY BOTTOM LITTLE CORNER CUT OUT IS MY HOUSE. AND MY WIFE NANCY. WE ARE FOR THIS CHANGE. SOMEBODY WILL EVENTUALLY DEVELOP THIS PROPERTY. THIS LOOKS LIKE A VERY GOOD COMPROMISE VERSUS APARTMENTS OR MORE HIGH DENSITY LIVING AS OTHERS. WE ARE CONCERNED ABOUT THE TRAFFIC PLANTATION ALREADY. THE NORTH SOUTH STREET THERE ON THE RIGHT HAND SIDE PLANTATION ALREADY IS SOMETHING OF A SPEEDWAY. THE POLICE OCCASIONALLY COME BY AND SIT AND CATCH SOMEBODY. THERE WAS AN ACCIDENT LATE NIGHT. I'M NOT SURE IF IT WAS A YEAR AGO NOW WHERE SOMEONE WAS SPEEDING AND HIT A PARKED CAR AND KILLED THE PASSENGER, SO PLANTATION COULD ABSOLUTELY USE A STOP SIGN IF THIS DEVELOPMENT PROCEEDS, BECAUSE THERE WILL BE EVEN MORE TRAFFIC. I DON'T I'M NOT PROFESSING AS TO WHERE IT SHOULD BE PLACED, BUT THERE SHOULD BE SOME CONTROL TO THAT. THE OTHER THING THAT I WOULD LIKE TO SAY IS A SUGGESTION IS THAT THIS BE A 55 AND OVER HOA RESTRICTED. WE LOVE THAT IT'S GATED. WE LOVE THE LOWER DENSITY. IT WOULD FIT INTO THE GENERAL AGE RANGE AND PERSONALITY OF OUR EXISTING NEIGHBORHOOD. ON THE NORTH EAST CORNER OF THIS MAP IS AN ALREADY EXISTING 55 PLUS HOA COMMUNITY. SO WITH THAT IN MIND, THAT'S THE GIST OF OUR

[03:00:08]

WELL SIDEWALKS BE REQUIRED ALONG PLANTATION. YES, SIR. OKAY. I MAKE A MOTION. WE APPROVE. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM WITH SIDEWALKS. ANY ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? ITEMS APPROVED.

NEXT IS S26-002. CARL HEFNER. DON'T LEAVE. Y'ALL CAN STAY. WE'RE ONLY GOING TO BE HERE FOR A COUPLE MORE HOURS. YES. HONOR. YES. GOOD AFTERNOON, COMMISSIONERS AND EVERYBODY PRESENT. I AM ANNA LUNA, SENIOR PLANNER FOR THE CITY OF TYLER. THIS IS A DISTANCE VARIANCE REQUEST. IT IS LOCATED BETWEEN OLD BOULEVARD ROAD AND RICE ROAD. AS YOU CAN SEE FROM ADJACENT PROPERTIES ARE A MIXTURE OF ZONING FROM COMMERCIAL TO RESIDENTIAL TO THE SOUTHWEST. WE DO HAVE RICE ELEMENTARY. THIS IS A REQUEST FOR THE DISTANCE OF THE SALE OF ALCOHOL WITHIN A SCHOOL. OUR ORDINANCE STATES THAT ANY BUSINESS THAT IS SELLING ALCOHOL HAS TO BE WITHIN 300FT DISTANCE OF ANY PUBLIC SCHOOL. RICE ELEMENTARY IS WITHIN THAT 300. IT IS ACTUALLY 73 FOOT SUBJECT PROPERTY LINE TO PROPERTY LINE. SO THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR THE SALE OF ALCOHOL. PROPOSED MAIN ENTRANCE OF THE RESTAURANT TO EXISTING CLOSEST DOOR OF THE BUILDING TO THE SCHOOL IS 664FT. THE PROPERTY PREVIOUSLY HOUSED TWO RESTAURANTS, BREAKERS AND MOJO'S, BOTH OF WHICH HAD ACTIVE ALCOHOL LICENSES. BECAUSE THE PROPERTY REMAINED VACANT FOR MORE THAN SIX MONTHS, THEY LOST THE RIGHT TO OBTAIN THAT ALCOHOL LICENSE, AND THAT IS WHY THEY'RE HERE TODAY TO TO ASK FOR A VARIANCE. ADDITIONALLY, TIMES SQUARE GRAND SLAM, LOCATED ACROSS OLD BOULDER ROAD, CURRENTLY ALSO HOLDS AN ALCOHOL PERMIT AND WAS GRANTED A VARIANCE A DISTANCE VARIANCE OF THE NOTICES MAILED. NO NOTICES WERE RECEIVED IN OPPOSITION OR IN FAVOR. STAFF RECOMMENDS APPROVAL OF THE REQUEST. THANK YOU. ANY QUESTIONS FOR STAFF? DID YOU RECEIVE A LETTER FROM DOCTOR CRAWFORD? NO, NO WE DIDN'T. IS THERE ANYBODY HERE REPRESENTING TYLER SCHOOL DISTRICT OR. IF NOT, ARE THERE OTHER PERSONS WHO WOULD LIKE TO SPEAK ON THIS ITEM? NEED TO MAKE A MOTION MOVE TO APPROVE S26-002. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SAY AYE. AYE.

ANY OPPOSED? ITEMS APPROVED. NEXT IS Z26003CPHS LLC. THIS IS A ZONE CHANGE REQUEST. IT IS CURRENTLY ZONED R-1 A WHICH IS A SINGLE FAMILY RESIDENTIAL. AND THE REQUEST IS FOR R-2, WHICH IS OUR TWO FAMILY DUPLEX. AS YOU CAN SEE, ALL ADJACENT PROPERTIES ARE ZONED RESIDENTIAL TO THE EAST. WE DO HAVE R-2 AS WELL, WHICH IS OUR TWO FAMILY FUTURE. LAND USE WOULD BE CONSISTENT WITH THE MIXED USE RESIDENTIAL. THE APPLICANT IS REQUESTING THE ZONE CHANGE TO ALLOW FOR A DUPLEX. CURRENTLY, AS YOU CAN SEE, THE LOT IS SPLIT INTO TWO.

THERE IS A BACK PORTION THAT IS CURRENTLY UNDEVELOPED AND THERE IS A SINGLE FAMILY HOME AT THE FRONT. THE APPLICANT IS WANTING TO REPLAT THE PROPERTY TO PROVIDE LEGAL ACCESS TO THE BACK PORTION, THE THREE DUPLEXES TO THE EAST ARE ALSO OWNED BY THE APPLICANT, SO THAT WHOLE PORTION IS OWNED BY HIM. THE ZONING WOULD BE COMPATIBLE WITH THE SURROUNDING AREA, INCLUDING THE THREE DUPLEXES THAT I STATED AND WOULD SUPPORT THE INFILL DEVELOPMENT CONSISTENT WITH THE ADOPTED RESIDENTIAL LAND USE POLICIES. OF THE NOTICES MAILED, NO NOTICES WERE RETURNED IN FAVOR OR IN OPPOSITION TO THE REQUEST. STAFF RECOMMENDS APPROVAL. ANY

[03:05:06]

WOULD YOU LIKE TO SPEAK? TO MISS THE PICK UP TIME AT MY KIDS SCHOOL? SO I GOTTA GOTTA HURRY. I'M GLAD I MADE IT. MY NAME IS AARON BURKS 2329 HIDDEN CREEK TRAIL. WE ARE THE APPLICANT AND LIKE ANNA SAID, WE DO OWN THE PROPERTIES TO THE RIGHT. AND REALLY IT'S THE ONLY WAY TO THE HOUSE ON THIS IS BUILT IN 1929. WE RECENTLY RENOVATED IT AND IT JUST HAS THIS REALLY LONG LOT THAT BASICALLY MAKES THE BACK UNUSABLE. IT DOESN'T. IT'S JUST KIND OF A BLANK SPACE. AND SO THIS KIND OF CREATIVE WAY WHERE WE COULD HAVE A DUPLEX AND IT KIND OF TIE IN WITH THE OTHER DUPLEXES RIGHT NEXT DOOR. SO AFTER APPROVAL, HOPEFULLY WE'LL WORK WITH THE CITY TO REPLAT IT. SO IF YOU HAVE ANY QUESTIONS, IT'S NOT RELEVANT TO YOUR APPLICATION, BUT WHO OWNS THAT BIG VACANT SPOT IN THE MIDDLE OF THAT? MR. LEANDRO IT'S CURRENTLY FOR SALE, I BELIEVE. IF YOU'D LIKE TO PURCHASE FROM. OKAY. ANY ANY QUESTIONS FOR THIS GENTLEMAN? IF NOT, ARE THERE OTHERS WHO WOULD LIKE TO SPEAK ON THIS ITEM FOR OR AGAINST? IF NOT, STAFF RECOMMENDATION IS TO APPROVE. IS THERE A MOTION? MR. CHAIRMAN, I MOVE TO APPROVE Z 26003. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM.

ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SAY AYE I. ITEMS APPROVED. NEXT IS.

SEABRIDGE. IS THAT WHERE WE ARE? SEABRIDGE ACQUISITION Z 260015. ALRIGHTY. THIS IS ALSO A ZONE CHANGE. IT IS CURRENTLY ZONED M ONE. IT IS BEING REQUESTED TO CHANGE TO INSTITUTIONAL DISTRICT. IT IS LOCATED ALONG THE SOUTH SOUTHWEST LOOP THROUGH 23. AS YOU CAN SEE, MAJORITY OF THE ADJACENT PROPERTIES ARE ZONED WITH COMMERCIAL AND LIGHT INDUSTRIAL USE TO THE WELL. THE FUTURE LAND USE WOULD BE AMENDED TO COMMUNITY ACTIVITY CENTER. AS YOU CAN SEE ADJACENT TO THAT PROPERTY, WE DO HAVE A VARIETY OF USES FOR COMMERCIAL. TO THE NORTH WE HAVE THE TJC CAMPUS AND TO THE SOUTH WE ALSO HAVE THE CENTER. THE APPLICANT IS REQUESTING THE ZONE CHANGE TO ALLOW THE THE CHANGE FOR A MEDICAL FACILITY WITH OVERNIGHT STAY TO BE OPERATED BY CHRIS'S MOTHER, FRANCES HOSPITAL. THE PROPOSAL IS SIMILAR TO AN EMERGENCY ROOM AND IS CONSISTENT WITH THE PROPOSED ZONE OF THE EYE ENT. AS YOU CAN SEE, THE SURROUNDING AREA IS SURROUNDED BY MEDICAL FACILITIES, SO INCLUDING, LIKE I STATED, THE TJC CAMPUS AND THE HEAT AND EYE ASSOCIATES. SO IT IS COMPATIBLE OF THE NOTICES SENT OUT. NO NOTICES WERE RECEIVED IN FAVOR IN OPPOSITION AND STAFF RECOMMENDS APPROVAL OF THE REQUEST. THANK YOU. ANY QUESTIONS FOR CITY STAFF? IS ANYBODY HERE REPRESENTING TJC OR DO I HAVE TO DO IT MYSELF? BUT TJC DOES NOT OBJECT TO THIS. I CAN I CAN TELL YOU ANY OTHER COMMENTS ON THIS ITEM, ANY ANY PERSON YOU'D LIKE TO SPEAK FOR OR AGAINST? IF NOT, IS THERE A MOTION? MR. CHAIRMAN, I MOVE WE APPROVE. Z26-015. SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ANY DISCUSSION? IF NONE. ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? ITEMS APPROVED. NEXT IS 26-002 BELL ROAD 323 LP. BACK TO ME. THIS IS A REQUEST FOR A THOROUGHFARE CLOSURE FOR A PORTION OF WEST ROBERTSON ROAD. WHAT YOU SEE HERE IS THE THE PLAT THAT THAT'S ON FILE FOR THE THE RIGHT OF WAY FOR ROBERTSON ROAD. IT WAS ORIGINALLY INTENDED TO BE A ROUNDABOUT CONFIGURATION OR INTERSECTION. RECENTLY OR LAST MONTH THE CITY COUNCIL AND PLANNING COMMISSION LAST MONTH ALSO APPROVED THE SITE PLAN AMENDMENT TO ADJUST THE INTERSECTION HERE. AND SO THIS CLOSURE IS TO CLEAN UP THAT LITTLE PIECE THERE, TO ALLOW FOR IT TO BE REPLANTED INTO THE LOT. THERE'S NO NO CONCERNS WITH THE APPLICATION. THE STAFF RECOMMENDS APPROVAL. ANY QUESTIONS FOR CITY STAFF? IF

[03:10:06]

SECOND MOTION HAS BEEN MADE AND SECONDED TO APPROVE THIS ITEM. ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? ITEMS APPROVED. NEXT IS PD26008. RICKIE RADWAY.

IT'S 1903 NORTH SPRING AVENUE. SO THIS THIS IS A ZONE CHANGE REQUEST FROM R-1 BEING SINGLE FAMILY TO PMF PLANNED MULTIFAMILY RESIDENTIAL DISTRICT. THIS IS TO ALLOW FOR THE DEVELOPMENT OF A A FUN A FIVE PLEX RESIDENTIAL STRUCTURE. AS YOU SEE, THIS IS AT THE CORNER OF NORTH SPRING STREET AND EAST NUTBUSH. THE PROPERTIES TO THE SOUTH ARE BEING DEVELOPED WITH DUPLEXES AND THERE'S. FOR. FOR TWO FAMILY AND THEN THE SURROUNDING PROPERTIES TO THE NORTHEAST AND WEST ARE SINGLE FAMILY. THIS REQUEST IS CONSISTENT WITH THE FUTURE LAND USE GUIDE AS IT IMPLEMENTS A NORTH END HOUSING GOALS. AS YOU SEE HERE, THE PROPERTIES TO THE NORTH ARE UNDEVELOPED AS WELL AS TO THE WEST. MARTIN LUTHER KING BOULEVARD IS JUST JUST ON THE NORTH SIDE OF THIS BLOCK. ONE THING TO NOTE IS THAT THE. SO YOU DO HAVE THE TWO FAMILY ZONING TO THE SOUTH, AND IF. IF YOU WEREN'T. IF THIS PROPERTY WEREN'T TO BE ZONED. SIMILARLY, IF IT WERE TO BE ZONED ARE TWO, THERE COULD BE TWO DUPLEXES BUILT. AND SO THIS REQUEST IS TO PROVIDE THE THE APPLICANT THE ABILITY TO MAKE A MODEST INCREASE IN DENSITY FOR THIS SITE, TO ADD THE ADDITIONAL UNIT, AND ALSO TO FURTHER IN THE THE NORTH END GOALS FOR INFILL DEVELOPMENT, THE SITE PLAN THAT'S BEEN PROPOSED FOR THE SITE IS SHOWN HERE, WHICH SHOWS THE. THE FIVE PLEX UNIT. WITH THE. THE PROPOSED SETBACKS OF 20 ON THE FRONT, TEN ON THE REAR. SEVEN AND A HALF ON THE SIDE. ON THE SIDES THERE IS A.

THOSE ARE THE PROPOSED SETBACKS, BUT THE BUILDING IS ACTUALLY LOCATED FURTHER AWAY FROM THEM, SO THE. THE ACTUAL SITE PLAN, THE ENFORCEABILITY IS WHERE THAT THE BUILDING IS LOCATED, WHICH MEETS ALL THE THE REASONABLE OR THE CRITERIA FOR FOR THIS INFILL DEVELOPMENT, THE. I WANTED TO NOTE. YEAH, LIKE I MENTIONED, THE THE SITE, IF IT WERE TO BE REZONED FOR, YOU KNOW WHAT, WHAT YOU ALREADY SEE JUST TO THE SOUTH FOR DUPLEX DEVELOPMENT. THIS IS JUST ONE ADDITIONAL UNIT FOR THE FOR THE PROPERTY. THE NOTICES THAT WERE SENT OUT, NONE RETURNED THE FAVOR. AND WE DID RECEIVE TWO IN OPPOSITION WITH THE TOTAL PROTEST OF 1.8%.

I'M NOT AWARE THAT THERE WAS ANY STATED CONCERN WITH OR ANY NOTED CONCERN ON THE ON THE RESPONSE. STAFF HAS REVIEWED THIS APPLICATION AND RECOMMENDS APPROVAL OF THIS REQUEST. THANK YOU. ANY QUESTIONS FOR CITY STAFF? DO WE NOT CONSIDER THIS SPOT ZONING BECAUSE OF IT GOING TO. RIGHT. THAT'S WHAT I FORGOT TO MENTION. LET ME GO BACK A SECOND. SO THIS. WELL, THERE'S TWO THINGS HERE. ONE. ONE IS THAT THE THE ZONING THAT IS NECESSARY IS A PLANNED MULTIFAMILY ZONING. BUT THIS IS STILL A SINGLE SINGLE STORY. ATTACHED UNITS. THE THE REASON IT COULDN'T BE PER LIKE THE EARLIER CASE WE WE HAD BEFORE WAS PURPER IS RESTRICTED TO 12 UNITS PER ACRE. THIS IS 12.2 UNITS PER ACRE. SO. FOR THAT REASON, FOR ONE THAT UNDER THE CURRENT ZONING REQUIREMENTS, THIS IS IS NOT A MULTIFAMILY DEVELOPMENT BECAUSE THE UNITS ARE NOT STACKED ON TOP OF EACH OTHER. AND SO EVEN THOUGH THE ZONING THAT'S ZONING CLASSIFICATION, THAT'S THAT THE APPLICANT IS THAT WOULD FACILITATE THIS, THIS DEVELOPMENT MENTIONS MULTIFAMILY IS NOT MULTIFAMILY. THE OTHER THING I WANTED TO ADD IS THAT THE THE REQUEST IS CONSISTENT WITH THE FUTURE LAND USE GUIDE. AND SO IF IT'S SPOT ZONING WOULD BE SOMETHING THAT'S NOT CONSISTENT WITH THE ADOPTED PLAN. OKAY. AND I ALSO WANT TO MENTION THE APPLICANT IS HERE. IF YOU HAVE ANY OTHER QUESTIONS. OR ARE THOSE THOSE

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OUR DESIRE IS TO NOT SIMPLY BUILD, BUT TO BUILD RESPONSIBLY, TO CREATE SOMETHING THAT BENEFITS FUTURE RESIDENTS, NEIGHBORING PROPERTY OWNERS AND THE CITY OF TYLER FOR YEARS TO COME. ON BEHALF OF MR. RICKY RADWAY, I RESPECTFULLY ASK FOR THE FAVORABLE CONSIDERATION OF REZONING THIS REQUEST. THANK YOU FOR YOUR TIME, YOUR SERVICE TO OUR CITY, AND YOUR THOUGHTFUL CONSIDERATION. ANY QUESTIONS FOR THIS GENTLEMAN? ARE THERE OTHERS WHO WOULD LIKE TO SPEAK? IF NOT, THE STAFF RECOMMENDATION IS TO APPROVE. IS THERE A MOTION? MOTION TO APPROVE PD 26-008. SECOND. SECOND. MOTION MADE AND SECONDED. ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR, SAY AYE. OPPOSED. ITEMS APPROVED. NEXT IS Z26-014. DAVID LAKE, 4511 UNIVERSITY BOULEVARD. RIGHT. THIS IS A REQUEST TO. FOR REZONING FROM R1A TO C ONE.

THIS IS ON OR NEAR THE INTERSECTION OF UNIVERSITY BOULEVARD AND OLD OMEN. THE APPLICANT'S REQUESTED THE ZONE CHANGE TO ALLOW TO TO SELL THIS PORTION TO THE TO TO THE CORNER.

SO THERE'S A GAS STATION ON THE CORNER THERE. AND SO THEY, THEY PLAN TO EXPAND OR REBUILD THAT SITE AND EXPAND IT. AND SO THE ADDITIONAL AREA ON THIS PROPERTY IS NECESSARY TO, TO ACHIEVE THAT. AS PART OF THAT REDEVELOPMENT OF THE SITE, THE THE DRIVEWAY TO UNIVERSITY WILL HAVE TO SHIFT TO THE EAST, WHICH IS A BENEFIT TO, TO, TO THE TRANSPORTATION NETWORK RIGHT THERE. AND SO THIS, THIS CHANGE WILL HELP FACILITATE THAT, TO FACILITATE THAT REDEVELOPMENT OF THE PROPERTY. THE PROPERTY IS CURRENTLY UNDEVELOPED. AND THEN TO THE WEST, IN, IN THE SOUTH ARE VARIETY OF RESIDENTIAL OR COMMERCIAL USES, INSTITUTIONAL USES. THIS REQUEST HELPS OR IT'S CONSISTENT WITH THE THE CAMPUS IDENTITY OR CAMPUS FUTURE LAND USE DESIGNATION AS IT HELPS PROVIDE A SUPPORTING COMMERCIAL ACTIVITY FOR. FOR

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