Public Hearing and Ordinance - Zoning Application No. Z0126-0434
Official Roll-Call Vote
Staff Report & Agenda Item Details
A public hearing was held regarding Zoning Application No. Z0126-0434. Adam Bailey, Director of Planning and Development Services, stated that the properties located at 180 through 300 Long Creek Road comprise approximately 28.08 acres within the larger 80.25-acre Long Creek Industrial planned development, situated south of Long Creek Road and east of State Highway 352. Originally approved in 2020 under Planned Development (PD) Ordinance No. 4753 for five industrial buildings, the development was amended in 2022 by Ordinance No. 4962 to incorporate additional land from the Town of Sunnyvale and revise the concept plan to ultimately include three buildings - one in Sunnyvale and two in Mesquite. Although site plans for the Mesquite buildings were approved in 2023, none of the approved buildings were constructed. Mr. Bailey stated that the applicant now proposes developing the East Tract with a 202,800-square-foot data center, a use already permitted within the PD, but requests a PD amendment to adopt a new concept plan and modify certain development standards. Requested changes include replacing Industrial Building 2 with a 48 megawatt data center, allowing a 20-foot-tall precast masonry screening wall to enclose mechanical equipment, including diesel generators, and reducing required parking due to the facility’s low staffing levels. The proposal is expected to have minimal impacts due to limited employees, low traffic generation, enhanced landscaping, and existing buffering from surrounding roadways, floodplain areas, and screening features, with no other development standards proposed to change. Applicant Rande LeCours, representing SLS Consultants, presented an overview of the proposed development. She requested modifications to the site plan including reducing parking along the south and southwest, and increasing the screening wall height from 8 feet to 20 feet. To address noise concerns, the applicant will complete an acoustical study and comply with City noise ordinances. Fifteen employees will be on staff during operating hours. The following persons expressed opposition to the proposed application: (1) Daniel Dutton, 1101 Tosch Lane; (2) Peter Pourroy, 1621 Weldon Drive; (3) Magen Stoermer, 637 Windsong; (4) Rachael Doersam, 637 Windsong; and (5) Linda Shelley, 1601 Choctaw Drive. Steven Dimmit, Consultant with the applicant, stated that a data center is a permitted use on this property. The applicant is proposing will improve the sound protections to the surrounding neighborhood by increasing the height of the screening wall. To address the concerns in regards to the neighboring nursing home, the applicant is agreeing to a 25-foot landscape buffer along Long Creek Road. Mr. Smith moved to deny Zoning Application No. Z0126-0434. Motion was seconded by Mr. Hubacek. On call for a vote on the motion, the following votes were cast: Ayes: Smith, Hubacek, Rodriguez-Ross, Murden Nayes: Green, Casper Absent: Alemán Motion carried.
Bastiat Liberty & Property Rights Analysis
This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 7.5/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).