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SORRY, LES.AND MARTIN, DO YOU HAVE AN ANNOUNCEMENT? UM, SO I HAVE AN ANNOUNCEMENT FOR ANYBODY WHO WAS HERE, UM, TONIGHT THAT WE HAD.
UM, WE HAD ADVERTISED THAT WE WERE GONNA BE, UM, HEARING THE CITY SPONSORED REZONE, UH, BETWEEN DECKER AND POLLY.
TONIGHT, WE HAVE DECIDED TO, UM, STAFF HAS DECIDED TO DELAY THAT, UM, AT LEAST TO OCTOBER.
WE'RE DOING SOME FURTHER RESEARCH AND TALKING TO MORE OF THE PROPERTY OWNERS OUT THERE IN BETWEEN.
SO THAT IS NOT ON THE AGENDA TONIGHT.
YOU WILL NOTICE THAT IT'S NOT ON THE AGENDA TONIGHT, BUT WE WILL RE, WE WILL RE ADVERTISE THE NOTICE, UM, WHEN WE HAVE THAT DATE, UH, SOLIDIFIED.
SO FOR NOW, THAT WILL, THAT WILL NOT BE HEARD TONIGHT IN CASE ANYBODY'S HERE SPECIFICALLY FOR THAT.
[1. CITIZEN COMMENTS Notice is hereby given that in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the Planning and Zoning Commission from discussing, deliberating, or considering, subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the administration for action may be placed on the agenda of a future Planning and Zoning Session.]
COMMENTS.THE PURPOSE OF CITIZEN'S COMMENT IS TO GIVE ALL INTERESTED CITIZENS THE RIGHT TO EXPRESS THEIR VIEWS.
EVERYONE DESIRING TO SPEAK SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE PLANNING DEPARTMENT PRIOR TO THE POSTED TIME OF THIS MEETING.
EACH CITIZEN SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THESE COMMENTS.
THE RULES ALLOW EACH PERSON ONE MINUTE TO SPEAK.
A CITIZEN MAY PASS HIS OR HER TIME TO ANOTHER PERSON WHO HAS REQUESTED TO ADDRESS THE PLANNING AND ZONING COMMISSION.
HOWEVER, NO CITIZEN'S REMARKS SHALL EXCEED THREE MINUTES IN TOTAL.
EITHER THE ONE MINUTE OR THE THREE MINUTE LIMIT MAY BE EXTENDED BY A MAJORITY VOTE OF THE COMMISSION.
I ENCOURAGE EVERYONE TO BE AS BRIEF AND AS TO THE POINT AS POSSIBLE.
PLEASE KEEP IN MIND THE COMMISSION CANNOT DISCUSS OR DELIBERATE AN ITEM THAT FOR WHICH PUBLIC NOTICE HAS NOT BEEN GIVEN ON THIS AGENDA.
ISSUES THAT CANNOT BE REFERRED TO ADMINISTRATION FOR ACTION MAY BE CONSIDERED FOR PLACEMENT ON THE AGENDA OF A FUTURE PLANNING AND ZONING AGENDA.
STANSKI, WILL YOU PLEASE SAY YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? UH, JUNE STANSKI 46 0 1 DRIFTWOOD, FIVE BAYTOWN, TEXAS 7 7 5 2 1.
UM, I'M HERE TO SPEAK ON EXACTLY WHAT YOU'RE NOT HEARING TONIGHT.
UH, THE DISTRICT, THE BUSINESS DISTRICT THAT'S CURRENTLY BETWEEN DECKER AND POLLY AND WEST.
UH, MY BUSINESS IS IN THAT AREA.
I'D LIKE MY BUSINESS AND ARE HERE AT THE BERGER AND ALSO WOULD LIKE TO BE REMOVED FROM THAT ZONING MAP.
I KNOW YOU'RE NOT HEARING IT TONIGHT, BUT PUT IT IN THE BACK OF YOUR HEAD FOR THE NEXT TIME.
THERE BEING NO ONE ELSE DESIRING TO SPEAK.
THIS CONCLUDES THE CITIZEN COMMENT PORTION OF THE AGENDA.
[a. Consider approving the meeting minutes of the August 18, 2026, Planning and Zoning Commission Regular Meeting.]
TWO A MINUTES.CONSIDER APPROVING THE ME MEETING MINUTES OF AUGUST 18TH, 2026.
PLANNING AND ZONING COMMISSION, REGULAR MEETING.
ANY DISCUSSION FOR THE COMMISSION? NO.
I WILL READ THE FOLLOWING ONE TIME.
AND IT APPLIES TO ALL PUBLIC HEARINGS.
THE PUBLIC HEARINGS TODAY ARE BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO EXPRESS THEIR VIEWS REGARDING THE SUBJECT OF THE PUBLIC HEARINGS.
EVERYONE DESIRING TO BE PART OF TODAY'S HEARING SHOULD BE EITHER SIGNED, SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE PLANNING DEPARTMENT PRIOR TO THE POSTED TIME OF THIS MEETING.
EACH PARTICIPANT SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THIS HEARING.
THE RULES ALLOW EACH PERSON THREE MINUTES TO PRESENT INFORMATION.
HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.
IF YOU ARE A GROUP OF PERSONS WISHING TO ADDRESS THE PLANNING AND ZONING COMMISSION ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT THE INFORMATION.
IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME.
ITEM THREE, A SUBDIVISION WAIVER.
CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR A SUBDIVISION WAIVER TO ALLOW THE CREATION OF 11 PROPOSED RESIDENTIAL LOTS WITHOUT DIRECT LOT FRONTAGE ON AN IMPROVED PUBLIC RIGHT OF WAY ON APPROXIMATELY 2.501 ACRES.
LOCATED AT 3 8 0 6 MORALES ROAD WITHIN THE CITY'S EXTRA TERRITORIAL JUDICIAL
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IS NOW 5:06 PM AND I CALL TO ORDER IN THIS PUBLIC HEARING TO CONSIDER A REQUEST FOR A SUBDIVISION WAIVER TO ALLOW THE CREATION OF 11 PROPOSED RESIDENTIAL LOTS WITHOUT DISTRICT LOT FRONTAGE ON AN IMPROVED PUBLIC RIGHT OF WAY ON APPROXIMATELY 2.501 ACRES.LOCATED AT 3 8 0 6 MORALES ROAD WITHIN THE CITY'S ETJ.
WE DID NOT VOTE ON THE MINUTES FIRST MOTION APPROVAL.
YEAH, BUT I DON'T THINK YOU EVER ACTUALLY CALLED FOR A VOTE.
ALL IN FAVOR? YES, WE DID NOT VOTE.
WAS THERE ANY OPPOSITION? DO WE NEED TO GO BACK? I WAS TO SUSTAIN BECAUSE I WAS NOT PRESENT.
UH, I WOULD LIKE TO REQUEST THE STAFF SUMMARIZE THE ITEM PLEASE.
AND THESE MICS ARE REALLY HOT.
UH, VICE, UH, CHAIR, MADAM VICE CHAIR AND THE COMMISSIONERS.
TIM SHI HERE WITH THE CITY'S PLANNING DEPARTMENT.
AND BEFORE YOU THIS AFTERNOON, WE HAVE A PROJECT CONTAINING TWO PARTS.
ONE IS A PROPOSED PRELIMINARY PLOT AND ANOTHER PART IS THE PROPOSED SUBDIVISION WAIVER.
AND THE BOTH OF THESE ITEMS WILL NEED YOUR APPROVAL.
SO HERE IS THE SUBJECT PROPERTY.
UH, IT IS LOCATED WITHIN THE CITY'S ETJ IN HARRIS COUNTY AT 36, I MEAN 38 0 6 MORES ROAD.
AND THE LEASE IS LOCATED ON THE NORTH SIDE OF MORES.
AND THE APPROXIMATELY 1800 FEET, UH, EAST OF UH, HU STREET HERE IS THE VICINITY MAP.
AND THE APPLICANT PROPOSES TO DIVIDE THE APPROXIMATELY 2.501 ACRES PROPERTY INTO 11 RESIDENTIAL LOTS.
THE REQUESTED SUBDIVISION WAIVER WILL ALLOW THE 11 PROPOSED LOTS TO BE SERVED VIA 24 FOOT WIDE PRIVATE ACCESS ROAD EASEMENT.
HERE IS THE PROPOSED PRELIMINARY PLAT AND THE 24 FOOT WIDE PRIVATE ACCESS ROAD EASEMENT IS LOCATED ALONG THE WESTERN SIDE OF THE PROPERTY.
STAFF RECOMMENDS APPROVAL OF THE PROPOSED SUBDIVISION WAIVER TO ALLOW THE CREATION OF THE 11 PROPOSED RESIDENTIAL LOT WITHOUT DIRECT LOT FRONTAGE ON AN IMPROVED PUBLIC RIGHT OF VOICE WITH THE FOLLOWING CONDITIONS.
AND THE STAFF ALSO RECOMMENDS APPROVAL OF THE PROPOSED PRELIMINARY PLAT COMMISSIONERS.
TO, TO BE CLEAR, UM, TIM'S KIND OF, HE'S PRESENTING BOTH THE WAIVER AND THE PLAT TOGETHER.
SO THERE'S, THERE'S TWO MOTIONS TO BE MADE THERE.
UM, WITHOUT THE WAIVER, THE PLAT CANNOT MOVE FORWARD.
SO THEY'RE DEPENDENT UPON ONE ANOTHER, WHICH IS WHY TIM IS KIND OF PRESENTING THEM TOGETHER.
AND WE HAVE SOMEONE LISTED TO SPEAK.
UH, MS. JESSICA VARGAS, WOULD YOU STATE YOUR NAME AND ADDRESS PLEASE? GOOD AFTERNOON.
UH, 1 22 11 NORTH SAND CIRCLE, HOUSTON, TEXAS 7 7 0 4 4.
AND I AM HERE JUST TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE.
YOU ANYTHING FOR ME? JUST LET ME KNOW.
WHAT ABOUT THE UTILITIES ON THIS PROPERTY, THE WATER AND SEWER? WE ARE, IS THE CITY PROVIDING THAT? IS THAT ACCESS? WE DID RECEIVE, UM, AN APPROVAL FROM THE CITY OF BAYTOWN FOR THE WATER.
AND THEY GIVE, THEY'RE GIVING US ONE YEAR.
THAT'S WHERE WE'RE, THIS HAS BEEN GOING ON FOR MONTHS.
SO THAT'S WHERE WE'RE TRYING TO SEE TO IF WE CAN GET THIS APPROVED.
BUT IT HAS BEEN APPROVED FOR, UM, FROM THE WATER DISTRICT FOR ONE
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YEAR.SO IF WE CAN GET EVERYTHING GOING WITHIN A YEAR, AND IF NOT, WE HAVE TO REAPPLY FOR EVERYTHING FOR WATER AND STORMER.
OUR ENGINEER HAS THE APPROVAL LETTER.
UM, HOWEVER, A AS YOU CAN SEE IT'S ON THE SCREEN, UM, TIM CRAFTED THREE CONDITIONS THAT CALL OUT, UM, FOR PERPETUITY OF WHO WILL WE BE RESPONSIBLE FOR WHAT.
AND THAT'S WHY THOSE THREE CONDITIONS ARE ON THE SUBDIVISION WAIVER.
BEFORE YOU, SO I HAVE A FOLLOW UP QUESTION.
I, I'M BIT MAYBE IS MY NAIVETE.
I I DON'T UNDERSTAND IF WE'RE GIVING THEM SEWER, THEN HOW ARE WE MAINTAINING THE DRAINAGES? DOESN'T THE DRAINS MAINTAIN DRAIN INTO THE CITY SEWER? HOW DOES THIS PROPERTY IS IN THE ETJ? OKAY.
UM, SO THIS WILL NOT BE, UM, PART OF THE OVERALL SEWER SYSTEM.
UM, AND IT, IN ADDITION TO THIS AREA AS IF, TIM, IF YOU CAN PLEASE PULL UP THE SITE MAP PLEASE.
UM, AS WE LOOKED AT THIS AREA, THIS AREA'S A LITTLE DIFFERENT.
UM, IT HAS A LOT OF UNPAVED ROADS AND THINGS AS OF THAT.
SO THINGS THAT YOU WOULD TYPICALLY SEE ON SITE PLANS AND DEVELOPMENTS MAY NOT BE IN THIS AREA.
UM, SO YOU, MIKE, I I, I HAVE HAD, I KNOW PEOPLE WHO OWN PROPERTY IN THE, IN THE REGION IN THE AREA.
AND I THINK IT'S ALSO KNOWN AS A LITTLE MEXICO, UH, ON, ON THE, ON THE HARRIS COUNTY PLANTS.
UM, MY CONS, MY ONLY, I MEAN, I JUST WANT TO KNOW IF WE'RE GIVING THEM WATER, ARE WE GIVING, IS THE SEWER BEING TREATED? 'CAUSE THEY HAVE A WATER DISTRICT THERE.
THE OTHER PROPERTIES, SOME OF THE OTHER PROPERTIES AND MOBILE HOME PARKS AND SINGLE FAMILY HOMES GET THEIR WATER AND SEWER FROM A WATER DISTRICT IN THAT REGION.
YOU KNOW, FROM CEDAR BY LYNCHBURG ALL THE WAY TO I 10, SOUTH OF I 10.
SO, I MEAN, THAT'S ALL I WANT TO KNOW.
I MEAN, ARE WE GIVING THEM WATER AND SEWER OR ONE OR THE OTHER OR, I DON'T MEAN TO PUT OUR, OUR CITY ENGINEER ON THE SPOT, BUT I'LL RELY ON HIM TO ANSWER THE QUESTION.
JUAN MAIA, CITY ENGINEER WITH PUBLIC WORKS AND ENGINEERING.
THEY ARE WITHIN, UH, HARRIS COUNTY, FRESHWATER DISTRICT 27.
UM, I KNOW THEY GET WATER FROM US AND I THINK THEY GET SEWER SERVICES.
SO THEY GET BOTH FROM THE DISTRICT, FROM THE MUD.
UM, SO THAT'S HOW, HOW I THINK THEY, THEY'RE GETTING WATER IN SEWER.
IT'S NOT DIRECTLY THROUGH THE CITY.
THE CITY PROVIDES WATER THROUGH A BA CONTRACT TO THE MUD.
AND COMMISSIONER SINGH, WHEN, WHERE IT COMES TO THE PLAT ITSELF, WE DON'T GET INTO A LOT, WE DON'T DO SORT OF DEEP DIVE INTO UTILITIES.
WE KIND OF, WE GET TO THAT WHEN, WHEN IN A LATER STAGE.
SO THE PLAT ITSELF, YOU KNOW, WE WANNA MAKE SURE THAT IT MEETS ALL OF OUR SUBDIVISION, UM, REGULATION REQUIREMENTS.
AND YES, THEY HAVE TO HAVE ACCESS TO THAT, BUT HOW THEY'RE GETTING ACCESS IS NOT NECESSARILY A PART OF THE PLAT, IF THAT MAKES ANY SENSE.
UM, I'M JUST CURIOUS, WHAT ARE Y'ALL GONNA BUILD ON THIS PROPERTY? SO WHAT WE ARE, OUR PLAN IS TO RENT, UH, MOBILE HOMES FOR THOSE THAT NEED SOMEWHERE TO PUT THEIR MOBILE HOME OR AN RV.
THERE BEING NO ONE ELSE WHO'S DESIRED TO SPEAK, I NOW CLOSE THIS PUBLIC HEARING AT 5:15 PM CONCERNING A REQUEST FOR A SUBDIVISION WAIVER TO ALLOW THE CREATION OF 11 PROPOSED RESIDENTIAL LOTS WITHOUT DIRECT LOT FRONTAGE ON AN IMPROVED PUBLIC RIGHT OF WAY ON APPROXIMATELY 2.501 ACRES, LOCATED AT 38 0 6 MORALES ROAD WITHIN THE ETJ.
COMMISSIONERS, MOVE TO APPROVE.
[a. Consider approval of the Vargas Addition Preliminary Plat for Highland Farms, a 2.501-acre tract located within the City's Extraterritorial Jurisdiction (ETJ), on the north side of Morelos Road, approximately 1,800 feet east of Juarez Street, at 3806 Morelos Road, Harris County, Texas 77521.]
A PLATS CONSIDER APPROVING THE VARGAS ADDITIONAL PRELIMINARY PLAT FOR HIGHLANDS FARM AT 2.501 ACRE TRACK LOCATED WITHIN THE CITY'S ETJ ON THE NORTH SIDE OF MORALES ROAD, APPROXIMATELY 1800 FEET EAST OF JUAREZ STREET AT 38 0 6 MORALES ROAD, HARRIS COUNTY, TEXAS 7 7 5 2 1.I WOULD LIKE TO REQUEST STAFF TO SUMMARIZE.
UM, AS MENTIONED, THIS, UH, PROPERTY IS LOCATED THE CITY'S ETJ AND THE, THE PROPERTY IS APPROXIMATELY 2.501 ACRES.
THE APPLICANT PROPOSES TO DIVIDE PROPERTY INTO 11 RESIDENTIAL LOTS, AND THE STAFF RECOMMENDS APPROVAL OF THE, UH, PRELIMINARY PLOT.
[00:15:01]
ANY DISCUSSION? COMMISSIONERS? OKAY.I NEED A MOTION MOVE TO APPROVE.
[a. Conduct a public hearing and consider a request for a proposed text amendment to Chapter 111, Unified Land Development Code (ULDC), of the Baytown Code of Ordinances to revise Division 2.3 Use Standards and Division 10.2 Definitions of the ULDC, regarding data centers.]
ITEM FIVE A ZONING.CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR A PROPOSED TEXT AMENDMENT ON CHAPTER 111 UNIFIED LAND CODE DEVELOPMENT CODE ULDC OF THE BAYTOWN CODE OF ORDINANCES TO REVISE DIVISION 2.3, USE STANDARDS AND DIVISION 10.2 DEFINITIONS OF THE ULDC REGARDING DATA CENTERS.
UM, RECORD MARTIN SCRIBNER PLANNING DEVELOPMENT SERVICES.
SO, UH, WE DO WANNA TALK ABOUT DATA CENTERS TONIGHT.
AND, UM, WHAT I WANT TO POINT OUT IS THAT WHERE WE'RE TALKING ABOUT DATA CENTERS, WE'RE NOT HERE TO TALK ABOUT THE SORT OF THE MORAL IMPLICATIONS OF DATA CENTERS.
WE'RE NOT HERE TO TALK ABOUT THE MORAL IMPLICATIONS OF AI AND THINGS LIKE THAT.
WHAT WE ARE TALKING ABOUT IS PURELY LAND USE AND ZONING.
SO THAT'S WHAT WE'RE GONNA FOCUS ON TONIGHT.
SO WE HAVE A COUPLE OF CHALLENGES HERE, AND IF YOU WERE AT, UH, HAVE WATCHED THE, THE, UM, THE WORK SESSION FROM LAST WEEK, CITY COUNCIL, A LOT OF THIS IS GONNA SEEM, UH, IS GOING TO BE VERY FAMILIAR.
SO I'M GONNA KIND OF GET THROUGH SOME OF THIS STUFF AND THEN GET TO WHAT WE'RE ASKING FOR TONIGHT.
SO, UM, AGAIN, THE, WE HAVE AN IMMEDIATE CHALLENGE AND THAT IS THAT WE HAVE A GAP IN THE ULDC.
THE ULDC DOES NOT DEFINE, UM, DATA CENTERS, AND IT DOES NOT PROVIDE A PLACE TO PUT DATA CENTERS.
SO WE NEED TO ADDRESS THAT IMMEDIATE GAP, THE, IN THE FUTURE.
WE ALSO NEED TO KIND OF LOOK AT HOW BAYTOWN IS POSITIONED AND OUR UNIQUE SITUATION IN TERMS OF DATA CENTERS.
UM, WE NEED TO LOOK AT ALL THE REGULATORY TOOLS THAT ARE AVAILABLE TO US AND DECIDE WHICH ONES WERE GONNA WORK LONG TERM FOR THE CITY AND EVALUATE THE ADVANTAGES AND DISADVANTAGES OF THOSE DIFFERENT REGULATIONS, AND THEN CREATE SORT OF A BALANCED FRAMEWORK FOR REGULATION FOR THOSE MOVING FORWARD.
BUT TONIGHT, WE REALLY WANT TO FOCUS ON THAT GAP IN THE ULDC.
SO WE'RE GONNA COME BACK AND TALK ABOUT SOME OF THAT OTHER STUFF.
BUT TONIGHT, UM, RIGHT NOW, LIKE AS I MENTIONED, WE DO NOT, THE ULDC DOES NOT MENTION DATA CENTERS.
UM, AS WE UNDERSTAND THEM, THERE IS A, UH, A, THERE IS A USE THAT'S LISTED AS DATA PROCESSING CENTERS.
THAT'S REALLY WHAT WE LOOK AT IT AS IN AN OFFICE TYPE SETTING WHERE YOU HAVE A BUNCH OF PEOPLE SITTING AT COMPUTERS AND, AND ENTERING, UM, INFORMATION DATA, UH, INTO EITHER COMPUTERS OR WHATEVER, UM, IT MANUALLY.
AND SO, UM, THOSE RIGHT NOW ARE ALLOWED IN ALL OUR COMMERCIAL MIXED USE DISTRICTS AS WELL AS LIGHT INDUSTRIAL.
WE DO NOT SEE, WE DO, AND MYSELF, UM, AS THE, UH, INTERPRETER OF THE CODE DO NOT INTERPRET THAT TO MEAN DATA CENTERS.
WHAT WE HAVE NOW IS A MORE MODERN, UM, DATA CENTER THING THAT NEEDS TO BE DEFINED AS A UNIQUE USE, WHICH IS WHAT WE'RE ASKING YOU TO DO TONIGHT.
AND THEN CLARIFY THE, THE ZONING THAT WE'RE GONNA HAVE FOR NOW.
UM, SO FIRST I WANT TO GET EVERYBODY ON THE SAME PAGE.
WHAT IS A DATA CENTER? THIS IS A FACILITY THAT IS BUILT SPECIFICALLY TO HOUSE COMPUTER SERVERS, NETWORKING EQUIPMENT.
UM, AND THIS IS OP DESIGNED TO OPERATE 24 HOURS A DAY, 365 DAYS A YEAR.
THIS IS TO STORE AND PROCESS DIGITAL INFORMATION, UM, INTERNET SERVICES, CLOUD, UH, STORAGE, AI, HEALTHCARE, AND LOTS OF STUFF THAT WE ARE ALL USING ON A DAILY BASIS, UM, EITHER IN OUR BUSINESSES OR OUR PERSONAL LIVES.
IT DOES CONTAIN SPECIALIZED INFRASTRUCTURE.
THAT DOES INCLUDE, UM, SERVER RACKS, BACKUP ELECTRICAL SYSTEMS, WHICH CAN MEAN LARGE OUTDOOR GENERATORS, POWER GENERATORS, AND COOLING SYSTEMS. AND, AND I KNOW THIS IS GONNA COME UP, SO I'LL, I'LL, I'LL MENTION THIS NOW.
UM, WE DO UNDERSTAND AND WE SHARE THE CONCERN THAT THESE TYPES OF LARGER FACILITIES CAN PUT QUITE A STRAIN ON OUR INFRASTRUCTURE, PARTICULARLY OUR WATER AND OUR, AND OUR POWER ELECTRICAL.
UM, WE ARE NOT GOING TO BE ABLE TO REALLY ADDRESS THAT TONIGHT, BUT WE DO WANT TO ADDRESS IT LONG TERM, WHICH IS WHY WE'RE GOING THE DIRECTION WE'RE GOING.
SO I'LL, I'LL, I'LL KIND OF GET TO THAT.
UM, AND THESE FACILITIES CAN REALLY GREATLY VARY IN SIZE.
THEY CAN BE SMALLER TYPE FACILITIES, THEY CAN BE HUGE CAMPUS TYPE FACILITIES WITH BILLIONS OF DOLLARS WORTH OF INVESTMENT AND, AND MILLIONS OF SQUARE FEET SOMETIMES.
UM, SO JUST SOME EXAMPLES YOU CAN SEE THESE ARE, UM, EXAMPLES OF A COUPLE OF LARGE FACILITIES.
AND, UM, THIS IS, THIS IS ONE THING THAT THIS COULD LOOK LIKE.
UM, THESE LOOK MORE LIKE KIND OF OFFICE BUILDINGS, BUT THESE ARE ALL DATA CENTERS.
AND THEN THESE ARE MORE DOWNTOWN TYPE FACILITIES.
AGAIN, DATA CENTERS THAT LOOK MORE LIKE OFFICE BUILDINGS OR, UH, POSSIBLY EVEN RETAIL IF YOU, IF YOU DIDN'T LOOK REAL CLOSE AT IT.
POINT BEING THAT YOU DON'T ALWAYS KNOW THAT YOU'RE LOOKING AT A DATA CENTER, ESPECIALLY IN A,
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UM, SITUATION LIKE THAT.SO I ALSO WANNA TALK ABOUT WHAT A DATA CENTER IS NOT.
IT IS NOT A TRADITIONAL OFFICE BUILDING.
IT'S AGAIN, WE TALKED ABOUT THAT SORT OF DATA PROCESSING TYPE THING WHERE YOU HAVE A BUNCH OF EMPLOYEES THAT, THAT COME IN EVERY DAY.
IT IS NOT SOMEWHERE THAT HAS A LOT OF TRUCKS AND, UM, EMISSIONS, UM, MANUFACTURING.
IT'S NOT A RESEARCH LABORATORY.
IT IS NOT A POWER DISTRIBUTION.
SO, UM, AGAIN, WE'RE GONNA KEEP IN MIND 'CAUSE I HEAR SOMETIMES SOMEONE WILL SAY, OH, WELL IT IT'S SOMETHING THAT JUST LOOKS LIKE A WAREHOUSE.
I'M HERE TO TELL YOU IT DOES NOT, IT IS NOT THE SAME THING.
AND IT, EVEN IF IT LOOKS LIKE THE SAME THING, IT IS NOT GONNA HAVE THE SAME IMPACT.
SO ALL THAT SAID, HERE'S OUR PROPOSED DEFINITION.
THIS WAS, UM, PUT TOGETHER THROUGH, UH, SOME RESEARCH THAT WE LOOKED AT WHAT OTHER CITIES COMMUNITIES ARE USING AS A DEFINITION.
UM, WE KNOW THAT THE STATE IS NOT A LOT OF HELP, UH, IN TERMS OF THIS DEFINITION BECAUSE THEIRS IS COMING FROM A TAXING, UM, UH, VIEW.
AND THAT'S NOT THE WAY WE WANNA LOOK AT IT.
WE WANNA LOOK AT IT FROM A LAND USE AND IMPACT, UM, SITUATION.
SO I'M GONNA GO AHEAD AND READ THIS OFF, UM, SO THAT EVERYBODY'S ON THE SAME PAGE.
UH, A DATA CENTER IS A FACILITY BUILDING OR CAMPUS PRIMARILY USED FOR THE STORAGE MANAGEMENT, PROCESSING ANALYSIS, RETRIEVAL OR TRANSMISSION OF DIGITAL DATA, INCLUDING COMPUTER SYSTEMS, SERVERS, NETWORK EQUIPMENT, TELECOMMUNICATIONS EQUIPMENT AND RELATED COMPONENTS.
A DATA CENTER MAY INCLUDE ACCESSORY AND SUPPORT FACILITIES INCLUDING ELECTRICAL SUBSTATIONS, BACKUP POWER GENERATION SYSTEMS, COOLING SYSTEMS, MECHANICAL EQUIPMENT, SECURITY FACILITIES, ADMINISTRATIVE OFFICES, AND OTHER INFRASTRUCTURE NECESSARY FOR DIGITAL DATA OPERATIONS.
THIS LAST SENTENCE ALSO, I'M GONNA EXPLAIN THIS IN A SECOND.
THE INCLUSION OF OFFICE OR ADMINISTRATIVE SPACE WITHIN A WAREHOUSE OR OTHER FACILITY DOES NOT BY ITSELF CONSTITUTE AN OFFICE USE OR CAUSE THE FACILITY TO BE CLASSIFIED AS AN OFFICE.
THAT WAS ADDED TO THE END TO SAY, OKAY, JUST BECAUSE YOU'RE CALLING IT A DATA CENTER OR CALLING IT DATA PROCESSING, IT DOES NOT NECESSARILY MEAN THAT IT FITS IN THE DEFINITION OF A, OF A OF, OF AN OFFICE.
SO TO GO ALONG WITH THAT, UM, WE'RE ALSO PROPOSING TO ADD SOME SIMILAR LANGUAGE TO THE END OF THE EXISTING DEFINITION FOR OFFICE.
AND THAT IS DEFINITION OF OFFICE DOES NOT INCLUDE USE AS DEEMED TO MEET THE DEFINITION OF DATA CENTER AS FOUND IN WHAT I JUST SHOWED YOU.
UM, THE OTHER PIECE OF THE PUZZLE IS NOT JUST DEFINING IT, THE OTHER PIECE IS SAYING, LEMME GO BACK THAT SLIDE.
EXCUSE ME, CAN YOU GO BACK THAT SLIDE? OFFICE DEFINITION? OKAY, THANK YOU.
UM, SO THE NEXT PIECE OF THE PUZZLE IS WHERE DO WE ALLOW THEM? UM, AS OF RIGHT NOW, THEY'RE NOT ALLOWING THE CITY AT ALL.
SO, UH, WHAT WE NEED TO DO TO ADDRESS THAT IMMEDIATE NEED IS WE'RE GOING TO, UM, WE'RE RECOMMENDING ALLOWING THEM IN THE HEAVY INDUSTRIAL DISTRICT WITH APPROVAL OF A SPECIAL USE PERMIT THAT IS VERY RESTRICTIVE.
IT IS THE MOST RESTRICTIVE SOLUTION THAT WE HAVE AT OUR, AT OUR FINGERTIPS.
UM, THIS DOES ENSURE MINIMAL IMPACT TO NEIGHBORHOODS AND IT ALLOWS US TO LOOK AT INDIVIDUAL SITES AND HOW THOSE ARE BEING IMPACTED.
UM, AND WE CAN, UM, AS THE CITY, UH, IMPOSE OTHER CONDITIONS SPECIFIC TO THAT SITE AND SPECIFIC TO THAT USE.
BUT IMPORTANTLY, IT WOULD ALSO PROVIDE US TIME TO DEVELOP SOME USE SPECIFIC STANDARDS THAT WOULD BE REASONABLE, UM, FOR THE LONG TERM BALANCE OF WHAT THE CITY NEEDS AND WHAT THE, AND WHAT THE, UH, INDUSTRY
UM, AS YOU CAN SEE, THIS IS, UH, YOU CAN SEE THE, THE BLUE, THE LIGHT BLUE AREA ON THE MAP IS THE AREA WITHIN THE CITY BOUNDARIES.
ANYTHING THAT'S WHITE IS IN OUR ETJ.
ANYTHING THAT IS PURPLE IS WITHIN THE CITY, BUT IS ZONED HEAVY INDUSTRIAL.
SO THOSE ARE THE AREAS WHERE THESE WOULD BE ALLOWED IF THEY CAN COME IN AND GET A SPECIAL USE PERMIT OR THEY WOULD HAVE TO GO IN AND ASK FOR REZONE TO HAVE INDUSTRIAL.
UM, AS YOU CAN SEE, THIS IS I 10 UP HERE.
THIS IS ONE 30 OR THREE 30, EXCUSE ME, THIS IS 1 46 AND THIS IS 99 OR GRAND PARKWAY.
SO EXXON OVER HERE, CHEVRON UP HERE, UH, AND UH, UH, CEDAR PORT DOWN IN THIS AREA.
SO THAT GIVES EVERYBODY A PRETTY GOOD IDEA.
AGAIN, WE REALIZE THAT THIS IS THE MOST RESTRICTIVE SOLUTION FOR NOW, BUT WE BELIEVE THAT IT KIND OF HELPS, UM, BUY US A LITTLE BIT OF TIME TO COME UP WITH, WITH BETTER, UH, STANDARDS OVERALL.
SO THAT SAID, STAFF RECOMMENDS APPROVAL OF THIS AMENDMENT TO PROVIDE DEFINITION FOR DATA CENTER AND TO, UH, PERMIT THOSE DATA CENTERS IN HEAVY INDUSTRIAL WITH A SPECIAL USE PERMIT.
UM, I'M NOT GONNA END IT RIGHT THERE 'CAUSE I DO WANNA LET YOU KNOW, I HAVE MENTIONED THAT THERE, THERE WILL BE SOME NEXT STEPS.
SO OVER THE NEXT FEW MONTHS, UM,
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STAFF WILL BE LOOKING AT DEVELOPING AND ADOPTING SOME REGULATIONS THAT WILL APPLY SOME MEASURABLE DEVELOPMENT STANDARDS THAT ARE BALANCED AND OBJECTIVE.UH, IT WOULD LIMIT THOSE DISCRETIONARY REVIEWS.
SO WE DON'T WANNA DO A SPECIAL USE PERMIT FOR EVERY ONE OF THESE OVER LONG TERM.
FOR NOW, IT'S A GOOD THING OVER LONG TERM, IT'S GONNA BE MUCH HARDER FOR EVERYONE TO, TO KIND OF, UM, UH, DEAL WITH THAT.
IT'S GONNA BE MORE, UM, UH, SUBJECTIVE.
GEEZ, I COULDN'T THINK OF THE WORD, SORRY.
IT WOULD BE, WE WOULD BE A LITTLE BIT MORE SUBJECTIVE.
WE LONG TERM, THAT'S NOT A GREAT SOLUTION.
UM, WE WILL IDENTIFY SOME FUTURE APPROPRIATE ZONING DISTRICTS IF WE WANT TO EXPAND THIS TO, UH, LIGHT INDUSTRIAL OR ANY OF THE OTHER, UH, DISTRICTS.
WE'LL, WE'LL KIND OF LOOK AT THAT AND SEE, SEE WHAT WORKS.
UH, AND WE WOULD ESTABLISH SOME STANDARDS THAT WOULD ADDRESS PERFORMANCE AND DESIGN.
UM, THINK BUFFERS, UH, DISTANCES TO OTHER TYPES OF USES THAT ARE SENSITIVE.
UM, WE WILL DISCUSS THE UTILITIES AND WATER AND ELECTRIC AND HOW THOSE WILL FUNCTION AS WELL.
SO THAT SAID, THAT IS MY PRESENTATION.
I'M HAPPY TO ANSWER ANY QUESTIONS.
IT IS NOW 5:28 PM AND I CALLED TO ORDER THIS PUBLIC HEARING TO CONSIDER A REQUEST FOR A PROPOSED TEXT AMENDMENT FOR CHAPTER ONE 11 UNIFIED LAND DEVELOPMENT CODE ULDC OF THE BAYTOWN CODE OF ORDINANCES TO REVISE DIVISION 2.3 U STANDARDS AND DIVISION 10.2 DEFINITIONS OF THE ULDC REGARDING DATA CENTERS.
UM, WAS ANYBODY SIGNED UP TO SPEAK? OKAY, UH, THERE BEING NO ONE DESIRING TO SPEAK.
WHY AM I DOING THAT TWICE? SO I GUESS I HAVE TO DO IT TWICE.
I, I HAVE A COUPLE OF QUESTIONS.
THE, THE FIRST ONE I PROBABLY KNOW THE ANSWER TO, BUT I WANT TO GET IT ON THE RECORD.
IT'S PROBABLY FOR OUR CITY ATTORNEY.
WHY CAN'T WE JUST BAN THESE OUTRIGHT? SO, UM, WE, WE DID ACTUALLY HAVE THIS CONVERSATION AT WORK SESSION LAST WEEK AND, UM, AND I'LL, I'LL DEFER TO OUR CITY ATTORNEY, BUT MY UNDERSTANDING, UM, MY ENTIRE CAREER HAS BEEN THAT AS A LAND USE, YOU CAN'T JUST BAN A LAND USE OUTRIGHT.
EVEN SOME OF THE MORE NOXIOUS ONES, YOU HAVE TO PROVIDE A PLACE FOR IT, EVEN IF IT IS A VERY SMALL, VERY OUT OF THE WAY, TOUGH TO MEET THE REGULATIONS TYPE OF OF THING.
BUT YOU HAVE TO FIND A PLACE FOR IT TO GO.
I THINK, UH, OUTRIGHT BAN ON ALL DATA CENTERS ANYWHERE WOULD PROBABLY NOT PASSED CONSTITUTIONAL MUSTER.
TEXAS IS, UH, A VERY, UH, PROPERTY OWNER FRIENDLY STATE.
UH, THERE'S ALSO BEEN, UH, RECENT LITIGATION AGAINST LOCAL GOVERNMENTS WHO'VE TRIED TO BAN, UH, DATA CENTERS OUTRIGHT.
UH, AND, AND THEY WERE IMMEDIATE AND THEY WERE, UH, CLAIMING OF SUBSTANTIAL DAMAGES.
UH, I THINK IT WOULD BE A RISKY PROPOSITION TO DO THAT.
SO MY, IN MY OPINION, UH, THE SAFER OPTION WOULD BE TO LOOK AT REASONABLE REGULATION.
AS I SAID, I SUSPECTED I KNEW THE ANSWER, UH, BUT I WAS ASKED THAT QUESTION TODAY FROM THE PUBLIC, SO I WANTED TO GET THAT ON THE RECORD, UH, THAT I DID IT.
MY SECOND QUESTION IS, WHY DO WE WANT TO GET RID OF SUVS FOR THESE LONG TERM? BECAUSE THAT WHY I DO NOT LIKE SUVS.
THAT IS CERTAINLY A VERY RESTRICTIVE TOOL THAT WOULD GIVE US A LOT OF, OF, OF CONTROL OVER WHERE A DATA CENTER ACTUALLY GOES.
SO THERE'S A LOT OF UNPREDICTABILITY THAT COMES WITH THOSE SUVS.
SO AGAIN, I, I MENTIONED THAT WE, WE WANT TO STRIKE A BALANCE AND THE BALANCES BETWEEN THOSE SORT OF PROS AND CONS OF, OF US HAVING THOSE TYPES OF FACILITIES ALONG WITH THE PROS AND CONS FROM THE DEVELOPMENT SIDE AND WHAT THEY LOOK AT WHEN THEY'RE LOOKING FOR SITE DEVELOPMENT.
UM, THE, THE UNPREDICTABILITY OF THAT IS NOT ONLY FROM THEIR SIDE, BUT IT'S FROM OUR SIDE AS WELL.
SO HAVING SOMETHING THAT'S MORE PREDICTABLE, SOMETHING THAT'S EASIER TO SAY, OKAY, THESE ARE THE REGULATIONS, MAKES THE WHOLE THING A LITTLE BIT EASIER TO ADMINISTER AND I THINK GIVES EVERYBODY A LITTLE BIT MORE, UM, UM, I GUESS COMFORT WITH, WITH WHERE THAT'S GOING TO GO IN TERMS OF WHETHER OR NOT WE GET RID OF THOSE SUVS.
WE HAVEN'T ACTUALLY DETERMINED THAT YET, BUT LONG TERM, I MEAN, AND WE'VE KIND OF SEEN THIS RECENTLY WHERE IF WE JUST DO SUVS FOR EVERYTHING, IT'S, IT'S ONEROUS ON STAFF, ON YOU GUYS ON CITY COUNCIL.
UM, IT PUTS CITY COUNCIL IN A REALLY TOUGH BIND SOMETIMES, DEPENDING ON WHAT THE ISSUES ARE.
UM, AND IT ISN'T, IT, IT'S NOT A ONE SIZE FITS ALL, WHICH I MEAN, I THINK IT'S KIND OF THE POINT, BUT IT'S ALSO, LIKE I SAID, IT MAKES IT A LITTLE UNPREDICTABLE IN TERMS OF GETTING BUSINESS HERE.
[00:30:01]
AND, UM, UM, THAT'S, SO WE MAY DECIDE IN THE LONG RUN.SO AGAIN, BETWEEN STAFF, BETWEEN P AND Z, BETWEEN CITY COUNCIL, WE MAY DECIDE THAT OKAY, IN HEAVY INDUSTRIAL WE'VE PUT TOGETHER THE REGULATIONS THAT MAKE SENSE THAT IF THEY CAN MEET THESE REGULATIONS, THEN AN SUP IS NO LONGER WARRANTED BECAUSE WE'RE GONNA APPROVE AN SUP EITHER WAY AT THAT POINT.
BUT MAYBE WE GO TO A LESS RESTRICTIVE ZONING DISTRICT AND SAY, OKAY, YOU CAN HAVE IT IN, AGAIN, I'M JUST THROWING THIS OUT.
I'M JUST SAYING LET'S SAY WE CAN HAVE THIS IN A GENERAL COMMERCIAL DISTRICT, BUT ONLY IF THEY MEET THESE 10 REGULATIONS AND MAYBE AN SUP IS PART OF THAT.
WE JUST, WE HAVEN'T GOTTEN TO THAT STAGE YET.
SO IT, ARE WE GONNA DO AWAY WITH THE SUP ALTOGETHER FOR THESE? I, I JUST DON'T KNOW YET.
WE WE'RE GONNA TRY AND LIMIT THEM IF POSSIBLE.
SO THERE ARE SOME HEAVY INDUSTRIAL DISTRICTS ALREADY WITHIN THE CITY LIMITS.
THERE'S NOT MANY, UH, I DON'T KNOW OF ANY OF 'EM THAT WOULD ACTUALLY BE BIG ENOUGH TO SUPPORT ONE OF THESE OPTIONS.
SO MOST OF THOSE ARE GONNA BE IN THE ETG, RIGHT? IT MIGHT BE THIS.
SO THIS MAP SHOWS ALL THE HEAVY INDUSTRIALLY ZONED AREAS IN TOWN.
THESE ARE THE ONES IN THE CITY AND SOMEONE COULD COME ALONG AND PROPOSE A REZONE OF ANY PROPERTY TO, TO HEAVY INDUSTRIAL IF THEY WANTED TO.
UM, AGAIN, THAT WOULD GO THROUGH A PROCESS THAT WOULD COME BEFORE YOU GUYS WOULD COME BEFORE CITY COUNCIL.
WE WOULD IMAGINE THAT A LOT OF THESE, BECAUSE A LOT OF OUR INDUSTRIALS IN THE ETJ, WE WOULD IMAGINE THAT A LARGER CAMPUS FOR, FOR, UM, DATA CENTER COULD ALSO LOOK AT ETJ, AT WHICH CASE THAT'S A LAND USE DECISION THAT WE DON'T, WE'RE NOT AN AUTHORITY ON THAT IN THE ETJ.
THAT WOULD BE, THAT WOULD BE THE COUNTY.
AND THE COUNTY DOESN'T HAVE ANY ZONING REGULATIONS.
SO THE, THERE'S THE ANSWER TO THAT IS, YEAH, WE CAN'T DO MUCH ABOUT THAT, BUT WE WANT TO, WE WANNA MAKE SURE WE'RE TAKING CARE OF WHAT'S INSIDE THE CITY.
I APPRECIATE STAFF TAKING THE TIME TO ADDRESS THIS BECAUSE THEY'RE COMING YEP.
AND I SAID I DON'T LIKE THEM PARTICULARLY IN RESIDENTIAL AREAS AND THEY ARE A BURDEN ON THOSE COMMUNITIES.
UM, BUT I'M GLAD Y'ALL WERE LOOKING AT THE FORESIGHT TO AT LEAST START ADDRESSING THOSE ISSUES LONG TERM BECAUSE THEY'RE, THEY'RE COMING.
WHY IN THE WORLD THEY WOULD WANT TO PUT ONE ON THE GULF COAST IN THE HURRICANE ALLEY IS BEYOND ME.
BUT NEVERTHELESS, BUSINESS PEOPLE DO A LOT OF THINGS THAT I NEVER CAN FIGURE OUT.
SO ANYONE ELSE? COMMISSIONERS, UM, I HAVE TWO FOLLOW UP QUESTIONS FOR THE CITY ATTORNEY.
UM, FIRST ONE YOU HAD MENTIONED THE LITIGATION.
IS THERE OUTCOME OF THOSE LITIGATIONS? NO, THAT LITIGATION IS VERY, VERY RECENT.
UM, IN, UH, THE ONE I'M THINKING ABOUT IN PARTICULAR, UH, FEDERAL LAWSUIT WAS FILED, UH, AND UH, LOCAL GOVERNMENT WHO ATTEMPTED TO BAN DATA CENTERS, UH, OUTRIGHT, UH, WAS HIT WITH A SEVEN FIGURE EIGHT FIGURE LAWSUIT.
THEY IMMEDIATELY RESCINDED THEIR ORDER TO DO SO.
UH, AND THE LITIGATION WAS PROMPTLY DROPPED.
I THINK THAT'S A TACTIC THAT WE WILL LIKELY SEE THROUGHOUT THE STATE AS MORE LOCAL GOVERNMENTS ATTEMPT THIS.
SO THEN MY SECOND QUESTION IT KIND OF LEADS TO IS BECAUSE OBVIOUSLY THERE'S A LOT OF MONEY THAT IS ATTACHED THAT, THAT THEY HAVE FOR THIS.
SO, UM, WHEREAS YOU CAN'T BAN SOMETHING, DID WE NOT BAN SEX INDUSTRY E IN THE CITY OF BAYTOWN? WE, WE HAVE REASONABLE REGULATIONS THAT ARE WITHIN OUR STATE AUTHORITY.
SO, UH, OBVIOUSLY THINGS THAT ARE CRIMINAL IN NATURE ARE BANNED OUTRIGHT BECAUSE THE STATE ALLOWS US TO DO THAT.
OTHER THINGS THAT MAY BE DEFINED AS, UH, WITHIN THE SEX INDUSTRY THAT ARE NOT CRIMINAL ARE ALLOWED IN THE APPROPRIATE ZONING DI DISTRICTS, UH, AS WE ARE AUTHORIZED TO DO UNDER STATE LAW.
I DIDN'T REALIZE WE WERE DOING THAT NOW 'CAUSE THERE WAS ONE THAT POPPED UP ON GARTH ROAD THAT GOT SHUT DOWN.
SO I'M JUST MAKING SURE THAT THERE IS, THAT, THAT IT'S NOT JUST AN YOU CAN'T OUTRIGHT BAN SOMETHING YOU CAN'T LIKE A DOUBLE STANDARD.
YOU CAN'T OUTRIGHT BAN IT, BUT, UH, I THINK I'M AWARE THE, THE ISSUE YOU'RE SPEAKING ABOUT AND THAT WAS AN ISSUE IN WHICH THE BUSINESS WAS TRYING TO OPERATE OUTSIDE OF THE DESIGNATED ZONING
[00:35:01]
DISTRICT.UM, INTERESTED IN KNOWING WHAT OUR ZONING DISTRICT IS FOR THAT, BUT THAT'S SIDE NOTE.
NOW, UM, FOR YOU MARTIN, OF THESE, I'M GLAD YOU HAVE THIS, THIS MAP UP.
UM, OF THESE AREAS THAT YOU HAVE, IS THIS THE UNDEVELOPED AREAS OR JUST THE CITY OF BAYTOWN, LIKE HEAVY INDUSTRIAL OR I GUESS WHAT OF THIS IS UNDEVELOPED? THE, THESE ARE THE EXISTING ZONED HEAVY INDUSTRIAL DISTRICTS.
THESE ARE, UM, SOME OF THEM ARE BUILT OUT AND SOME OF THEM ARE NOT.
I DON'T HAVE THAT RIGHT IN FRONT OF ME.
UM, IF YOU GO OVER TO THE EAST SIDE, THAT NORTHEAST PORTION, UM, UP BY, WHAT'S IT, OLD NEEDLEPOINT ROAD AND, UH, I GUESS KILGORE'S OVER THERE, THAT AREA IS, SOME OF THAT IS, IS DEVELOPED AND SOME OF IT IS NOT.
UM, SOME OF THOSE OTHER AREAS THAT YOU'LL SEE, UM, DOWN 1 46, THERE'S UM, GLE SAWS OVER THERE THAT'S DEVELOPED SOME OTHER AREAS.
I, SO AGAIN, I DON'T KNOW ALL OF THEM.
THE ONES OF THE SOUTH ARE PROBABLY UNDEVELOPED.
UM, THAT IS WAY DOWN THERE IN OUR JURISDICTION.
SO, UM, I I GUESS JUST ONE THING THAT KIND OF PEEKS OUT AT ME IS LIKE BAYWAY AND THREE 30, LIKE OVER NEAR LAKEWOOD MM-HMM
I CAN TELL YOU YOU'LL PROBABLY HAVE A FULL HOUSE IF ONE TRIES TO POP UP THERE, BUT, UM, I WOULD'VE EXPECTED THAT TO HAVE BEEN FREEWAY COMMERCIAL.
BUT IS THAT'S JUST NOT HOW IT LANDED.
THAT'S BEEN HEAVY INDUSTRIAL FOR A LONG TIME.
AND SO WHEN THE NEW CODE WAS PUT INTO PLACE AT THE BEGINNING OF LAST YEAR, THAT WAS ONE OF THOSE ONES THAT CARRIED OVER FROM THE OLD, FROM THE OLD MAP.
REMEMBER TOO THAT WHAT WE'RE RECOMMENDING RIGHT NOW IS NOT ONLY THAT IT BE ZONED HEAVY INDUSTRIAL, IF IT'S ALREADY ZONED HEAVY INDUSTRIAL, YOU'VE GOTTA GET A SPECIAL USE PERMIT IN ORDER TO OPERATE.
THAT'S WHAT WE'RE RECOMMENDING.
UM, AND THEN ANOTHER QUESTION JUST, AND I KNOW THAT WE'RE TALKING ABOUT THE DEFINITION I THINK IS GOOD, BUT YOU KNOW, BRINGING UP SOME THINGS THAT YOU KNOW ARE GONNA BE ON THE FOREFRONT AND PEOPLE ARE GONNA BE ASKING.
SO DO WE HAVE ANY IN THE QUEUE? THERE HAVE BEEN REQUESTS.
UM, AND THEN, UH, CAN YOU GO BACK TO, AND THEN YOU ALREADY TOUCHED THAT.
SOMEBODY COULD ALWAYS ASK FOR A ZONING VARIANCE LIKE WE'VE DONE FOR BATTERY OPERATING, BATTERY STORAGE.
UM, NOT A, I'M I'M GONNA BE PICKY ABOUT THE LANGUAGE.
HUH? IT WOULD NOT BE A VARIANCE.
THEY COULD COME IN AND NO, THEY COULD ASK FOR ONE THOUGH.
THEY WOULD HAVE TO, UM, IT, IT WOULD HAVE, THEY WOULD HAVE TO REQUEST A, A MAP CHANGE.
THEY WOULD'VE TO REQUEST A CHANGE IN THE ZONING DISTRICT.
THAT, THAT'S, AGAIN, I'M BEING PICKY ABOUT THE LANGUAGE OF VARIANCE IS A DIFFERENT THING.
UM, SO A, A ZONE CHANGE AND THEN COULD TAKE IT HEAVY INDUSTRIAL SPECIAL USE PERMIT.
TECHNICALLY LIKE, KIND OF WHAT WE'VE DONE WITH BATTERY OPERATED.
CAN YOU GO BACK TO THE DEFINITION? MAYBE YOU, YOU DO MENTION COOLING, THE COOLING SYSTEMS. IS, UM, ARE WE LOOKING OR WOULD IT NOT CARRY INTO THE DEFINITION INDEPENDENT WATER OR INDEPENDENT, I MEAN, COOLING SYSTEM, ALTHOUGH IDEALLY IT'S, IT'S THEIR WATER AND THEIR WATER RESERVES AND, AND WHAT HAVE YOU FOR THE COOLING.
UM, WOULD THAT NOT BE INCLUDED IN THE DEFINITION OR SOMETHING THAT THEY WOULD HAVE LIKE AN INDEPENDENT WATER TANKS, SOURCES, WHAT HAVE YOU? WE, WE DON'T KNOW THAT THAT WOULD BE PART OF ONE OF THESE TYPES OF OPERATIONS.
IT COULD BE, BUT WE ARE VERY CAREFUL TO CRAFT THIS DEFINITION WITHOUT HAVING REGULATORY LANGUAGE IN IT.
SO IT'S NOT, WE'RE JUST SAYING YES, THEY'LL HAVE COOLING SYSTEMS. IT COULD BE WATER, IT COULD BE SOMETHING ELSE.
IT COULD BE A NEW TECHNOLOGY I DON'T EVEN KNOW ABOUT.
UM, IT COULD BE WATER THAT WE PROVIDE.
IT COULD BE WATER THEY PROVIDE, IT COULD BE RAINWATER FOR ALL I KNOW.
I MEAN, I JUST DON'T, WE WE WERE VERY CAREFUL ABOUT THE LANGUAGE, AGAIN, TO MAKE SURE THAT I'M NOT INCLUDING REGULATIONS IN THE DEFINITION.
THE DEFINITION SHOULD PURELY DEFINE THE USE.
AND THEN THE REGULATIONS THEMSELVES ARE GONNA BE IN THE OTHER PART OF THE ULDC THAT WOULD BE ADDRESSED IN THE SUP OR OR BUILDING CODE.
AGAIN, WE JUST HAVEN'T GOTTEN THAT FAR YET THERE.
THERE'S A LOT TO UNPACK WHERE IT COMES TO ALL THE SPECIFICS.
UM, WE, WE ARE TRYING NOT TO REINVENT THE WHEEL, SO WE'RE LOOKING TO SEE WHAT OTHER COMMUNITIES HAVE DONE.
UM, AND WE'RE AMASSING THAT DATA NOW.
WE JUST, WE, WE HAVEN'T GOTTEN TO THAT POINT YET.
AND THIS IS STILL KIND OF A NEW TOPIC OF DISCUSSION FOR US
[00:40:01]
AS A, AS A COMMUNITY, BUT AS FOR STAFF, FOR YOU GUYS, FOR CITY COUNCIL.SO WE'RE ALSO TRYING TO, AS PART OF THIS GAUGE WHERE EVERYBODY'S, UM, WHERE EVERYBODY'S AT IN TERMS OF MOVING THIS FORWARD.
AND SIR, I WANNA SAY I DID SEE YOUR HAND RAISED, BUT WE'VE ALREADY CLOSED THE PUBLIC HEARING UNFORTUNATELY.
I, I WAS JUST GIVEN THOUGHT THAT'S ALL.
ANYTHING ELSE? COMMISSIONERS? OKAY.
I MAKE A MOTION TO APPROVE THE DE THE CHANGE AS STATED IN THE, UH, IN THE AGENDA.
[a. Receive a report from the Planning Director.]
DIRECTOR'S REPORT.SO AS YOU KNOW, UM, WE HAD A VERY BUSY MONTH LAST MONTH.
SO, UH, WE HAD QUITE A BIT HAPPEN WITH CITY COUNCIL THIS MONTH.
UM, WE HAD THE, UM, 2040 COMPREHENSIVE PLAN, FUTURE LAND USE MAP, FUTURE LAND USE PLAN, TEXT AMENDMENT THAT WAS APPROVED BY CITY COUNCIL.
UH, WE HAD THE, UH, REZONE ON AT I 10 AND, UM, SLANDER, WHICH WAS REZONE FROM FREEWAY COMMERCIAL TO LIGHT INDUSTRIAL.
THAT WAS ONE THAT THIS BOARD HAD RECOMMENDED DENIAL.
CITY COUNCIL TOOK NO ACTION ON THAT AND DIRECTED STAFF TO GO BACK AND WORK WITH THE APPLICANT TO SEE IF WE COULD MAKE THAT MORE, UM, AMENABLE TO THE, TO THE DECISION MAKERS.
UM, IF THERE ARE MAJOR CHANGES TO THAT, WE WILL BRING THAT BACK TO THIS BOARD.
IF THEY'RE MINOR CHANGES, WE WILL NOT BRING IT BACK TO THIS BOARD.
WE WILL CONTINUE TO GO BACK TO CITY COUNCIL AND SAY, WE'VE DONE WHAT YOU ASKED, BUT THE RECOMMENDATION FROM THIS BOARD AND FROM STAFF DOESN'T CHANGE.
SO, UM, SO IF YOU SEE IT AGAIN, IT MEANS THERE WERE MAJOR CHANGES.
IF NOT, THEN YOU KNOW, THE OTHER, UM, THE, UM, REZONE FROM SUBURBAN RE RESIDENTIAL TO URBAN RESIDENTIAL.
THIS WAS A, UH, 37 10 CROSBY CEDAR BAYOU ROAD.
UM, ALSO ON, UH, SAID CROSBY, CEDAR BAYOU AND MASSEY TOMPKINS, I BELIEVE IT WAS, UM, THAT WAS ACTUALLY WITHDRAWN BY THE APPLICANT BEFORE IT GOT TO CITY COUNCIL.
SO THAT HAS GONE AWAY FOR NOW.
WE DO EXPECT THAT TO PROBABLY BE SEEN AGAIN IN A DIFFERENT FORM, BUT WE'LL KIND OF SEE WHAT THE APPLICANT, UH, DECIDES TO DO WITH THAT.
UH, WE HAD 1 0, 1 0 8 OLD NEEDLEPOINT ROAD.
THIS WAS AN SUP TO ALLOW FOR APARTMENTS IN A KIND OF MULTI, UH, USE, NOT MULTI-USE, BUT MULTI-RESIDENTIAL, UM, STYLE, UH, RENTAL SITUATION.
UM, THAT WAS APPROVED BY CITY COUNCIL.
AND THEN WE ALSO HAVE, UH, THE, LET'S SEE, 82, 20, UH, ONE ON NORTH, 1 46.
YOU GUYS HAVE SEEN THE REZONE FOR THAT.
THE ANNEXATION HAS BEEN APPROVED.
NOW WE'RE JUST KIND OF WAITING FOR THE REZONE TO GO THROUGH THE FINAL, UH, STEPS AS WELL.
AND THAT WAS FROM, UH, OPEN SPACE REC TO GENERAL COMMERCIAL, I BELIEVE TO ALLOW FOR A, AN OIL CHANGE PLACE.
UM, SO WE'VE BEEN VERY BUSY, UM, OBVIOUSLY EVEN IN
SO, UM, WITH THAT, THAT CONCLUDES MY REPORT, UNLESS YOU HAVE ANY QUESTIONS? ANY QUESTIONS, COMMISSIONERS? WE'RE GOOD.
HAVING EXHAUSTED ALL AGENDA ITEMS, THIS MEETING IS NOW ADJOURNED AT 5:45 PM.