Reconsideration of Council action

Staff Report & Agenda Item Details

Adam Bailey, Director of Planning and Development Services, stated that the City Council is requested to consider a motion to reconsider City Council action taken on March 16, 2026, to deny Zoning Application No. Z0126-0434. Mr. Bailey stated that per Section 6.6 of the Mesquite City Council Rules of Procedure, a motion to reconsider is permitted to consider added information or a changed situation that has been discovered or developed since the taking of the vote. The motion to reconsider may only be made by a Councilmember who originally voted on the prevailing side on the item. In this case, the motion to deny was approved by Councilmember Smith, Hubacek, Murden and Rodriguez-Ross. Any motion for reconsideration can only be made by one of the four who voted to deny. If the motion to reconsider is successful for a rezoning application, actual reconsideration of the item may not occur until new notices have been issued to reopen the public hearing on the zoning application and the item is placed on a future Council agenda. Mr. Bailey stated that the applicant previously requested an amendment to Planned Development (PD) - Industrial, Ordinance No. 4962, to modify the development standards and concept plan in the PD for the East Tract at 180, 200, 270, and 300 Long Creek Road to allow development of a Data Center and associated improvements. The applicant proposed developing the East Tract with a 202,800-square-foot data center - a use already permitted within the PD - but requested a PD amendment to adopt a new concept plan and modify certain development standards. Requested changes included replacing Industrial Building 2 with a 48-megawatt data center, allowing a 20-foot-tall precast masonry screen wall to enclose mechanical equipment, including diesel generators, and reducing required parking due to the facility’s low staffing levels. Since the Council’s denial, the applicant has continued working with City staff to respond to concerns raised at the public hearing. Specifically, the applicant has begun preparing a Noise Impact Assessment to evaluate anticipated sound levels from mechanical equipment, cooling systems, and generators, with plans to incorporate additional noise-mitigation measures based on the results; revised the concept plan to adjust building placement, massing, and site layout to better buffer nearby properties and reduce visual impacts; strengthened screening and landscaping with additional berming, evergreen plantings, and increased setbacks along Long Creek Road; and coordinated with staff on site access to better manage traffic and reduce impacts on surrounding streets and neighborhoods. Staff believes these revisions meaningfully improve the proposal and speak directly to Council concerns regarding compatibility, buffering, and operational impacts, providing a basis for the City Council to consider a motion to reconsider Application No. Z0126-0434 for further review following issuance of new public hearing notices. Mr. Hubacek moved to table consideration of the proposed application. Motion was seconded by Mr. Murden. On call for a vote on the motion, the following votes were cast: Ayes: Hubacek, Murden, Alemán, Green, Casper Nayes: Rodriguez-Ross, Smith Motion carried.

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 2.6/10). 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).