Public Hearing and Ordinance - ZTA No. 2026-01

Staff Report & Agenda Item Details

A public hearing was held regarding Zoning Text Amendment No. 2026-01. Adam Bailey, Director of Planning and Development Services, stated that staff proposes a comprehensive Zoning Ordinance Text Amendment to establish the City's first regulatory framework governing data centers as a distinct land use. The amendment addresses a significant gap in the current Mesquite Zoning Ordinance (MZO), which does not define or regulate data centers or account for their unique operational characteristics. Mr. Bailey stated that the amendment package consists of three exhibits. Exhibit A creates new MZO Section 3.514, establishing all applicable data center standards, including conditional use permit requirements, site and building design, screening, lighting, noise, generator and generator yard standards, water and wastewater, traffic, security, battery energy storage, and decommissioning. Exhibit B contains companion MZO amendments, including updated citywide glare and lighting performance standards (§1.408), updated landscape requirements, a revised Schedule of Permitted Uses, revised development and parking standards, new battery energy storage system regulations (§3.515), new accessory backup generators regulations (§3.516), and updated definitions. Exhibit C amends City Code §10-75 to add use-specific maximum permissible sound levels for data centers and battery energy storage systems. Mr. Bailey stated that under the proposed framework, data centers would be permitted only by Conditional Use Permit (CUP) in the Industrial (I) zoning district and qualifying Planned Development districts. Mr. Bailey provided a handout to Council addressing additional concerns discussed at the July 6, 2026, City Council meeting. . (1) Alyssa Huff, 4113 Arbor Drive, expressed concerns regarding the effect data centers will have on wildlife. (2) Rebecca Martinez, 4523 Marigold Trail, expressed concerns regarding water usage, vibration and chemicals. (3) Richard Johnston, 2648 Greenland Drive, expressed concerns regarding the City's ability to inspect the buildings. (4) Sandra Wright, submitted a letter in opposition to the proposed Zoning Text Amendment but did not wish to speak. No others appeared regarding the proposed Zoning Text Amendment No. 2026-01. Mr. Murden moved to approve Zoning Text Amendment No. 2026-01, as amended, incorporating the cross-references to the City's existing vibration regulations, as well as references to applicable Texas Utilities Code requirements for large-scale Battery Energy Storage Systems (BESS) together with Group C, C-1 through C-4 of the handout provided to Council at tonight's meeting; and to approve Ordinance No. 5259, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, REVISING THE MESQUITE CITY CODE BY MAKING A MESQUITE ZONING ORDINANCE TEXT AMENDMENT, ZTA NO. 2026-01, THEREBY REVISING APPENDIX C (MESQUITE ZONING ORDINANCE), BY MAKING ADDITIONS AND DELETIONS TO CERTAIN SECTIONS IN PARTS 1, 1-A, 3, AND 6; AND AMENDING THE MESQUITE CITY CODE BY MAKING ADDITIONS AND DELETIONS TO CERTAIN SECTIONS IN CHAPTER 10 (OFFENSES – MISCELLANEOUS), UNDER ARTICLE III (NOISE), ALL FOR THE PURPOSE OF REVISING AND ESTABLISHING REGULATIONS RELATED TO AND FOR DATA CENTERS AND RELATED COMMERCIAL (NONRESIDENTIAL) USES AND INSTALLATIONS SUCH AS BATTERY ENERGY STORAGE SYSTEMS (“BESS”), AND ACCESSORY BACKUP GENERATORS, AND OTHER GENERAL UPDATES RELATED THERETO; AND PROHIBITING COMMERCIAL CRYPTOCURRENCY MINING AS A PRIMARY USE OR ACCESSORY USE IN ALL DISTRICTS; AND REVISING APPENDIX D – COMPREHENSIVE FEE SCHEDULE FOR UPDATED FEES ASSOCIATED WITH SAID AMENDMENTS; PROVIDING SEVERABILITY, CONFLICTS RESOLUTION, AND SAVINGS CLAUSES; PROVIDING A PENALTY CLAUSE WITH A FINE NOT TO EXCEED $2,000; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr. Smith and approved unanimously. (Ordinance No. 5259 recorded in Ordinance Book No. 137.)

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 6.6/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.