Planning & Zoning Commission - Regular Meeting

Tuesday, January 13, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Planning & Zoning Commission
Meeting Type
Planning & Zoning Commission
Location
San Marcos, TX
Meeting Date
January 13, 2026

Transcript

1270 sections (from 1,514 segments)

1:420

Amy, can we get a quick mic check on you?

1:461

Yes. Hello?

1:480

Okay. We've got you. Thank you.

1:522

Alright. I call this regular meeting of planning zoning commission to order on Wednesday, 01/13/2026 at 6PM. May we have roll call, please?

1:59 – 2:103

Sure can. William Magnum? Here. Michelle Brillison? Here. David Case? Here. Clivendia? Here. Mariah Dunn? Here. Amy Meeks? Here. Here. We have a quorum.

2:10 – 2:502

I had on my schedule today that this would be over by eight, but it looks like we're gonna hear much longer than that. So I wanna ask everybody to please silence their cell phones. The commission may only discuss items posted on tonight's agenda. All their inquiries be forwarded to staff. The commission will strive to ensure that meetings are conducted in a courteous manner in an atmosphere free of intimidation, defamation, personal insults, profanity, or threats of violence. This now brings us a citizen comment period. We have John Mayberry, Michael Whelan, David Swank, Jose Lozano. If you please make your way to the podium. Yes, sir. We have three minutes.

2:50 – 3:154

Good evening, chair and commissioners. John Mayberry, the applicant for the data center project at 904 Francis Harris Lane. I want to speak specifically about jobs, what kind of jobs this project creates, who fills them, and why their impact extends well beyond the construction site. This project is expected to generate approximately 1,200 skilled construction jobs over several years. These are not temporary one off positions.

3:15 – 3:584

This is sustained phase construction requiring electricians, linemen, HVAC technicians, control specialists, concrete crews, project managers over an extended build period. At full build out, permanent on-site staff is estimated at 50 jobs whose roles span highly skilled technical positions, such as critical systems technicians and network operations, as well as many more security maintenance and facilities operations workers that would be employed contractually. But the most important point is who does this work. Data center construction and operations rely heavily on licensed skilled trades, particularly electrical workers. These projects are designed to be staffed locally because local labor reduces risk, improves response times and builds long term operational knowledge.

3:58 – 4:414

That means real opportunities for local electricians, apprentices, and technicians to work on some of the most complex electrical infrastructure in the state. This kind of project is career defining, working on high voltage substations, redundant power systems and mission critical infrastructure, accelerates experience requirements and opens the door to master electrician licensure, supervisory roles and long term advancement. These are resume building projects that raise earning potential for decades, not just for the duration of construction. Beyond direct jobs, there is a significant layer of ancillary and supplier employment. Data centers depend on local vendors for materials, logistics, equipment servicing, security services, landscaping and ongoing maintenance.

4:41 – 5:204

These dollars circulate locally, supporting small businesses and regional suppliers year after year. Finally, there is the opportunity this creates for education pipelines. Projects like this open the door for partnerships with the school district in Texas State. From internships and technical training to applied engineering, IT, facilities management and energy systems coursework. Data centers increasingly serve as real world laboratories for power management, cooling systems and digital infrastructure, exactly the kind of disciplines that Texas State teaches. Data center infrastructure doesn't just support servers. It enables advanced manufacturing, life sciences, financial services, logistics technology and software companies that require reliable power and connectivity.

5:205

For a city like San Marcos, that infrastructure raises the floor for economic development and opens the door for business development within the city and region. I expect we will

5:294

be hearing a lot more tonight from local voices who this work matters to very much. Thank you.

5:332

Thank you, mister Mayberry. Michael Whelan.

5:37 – 6:196

Thank you. Michael Whelan, one hundred Congress, Austin, Texas. At past meetings, we spent a lot of time walking through technical details, and we're always available to do that again. But tonight, I want to focus on one main point. We showed up, we listened, and we put real enforceable commitments into this project, not just promises. In your backup, you'll see a restrictive covenant that reflects direct feedback from planning and zoning, city council, staff, and residents. That covenant runs with the land, meeting meaning it's binding not just on the current owner, but on any future owner or operator. And those commitments are meaningful. It cuts the approved water usage for this property in half. It requires storm water performance 10% better than code.

6:20 – 7:056

It limits impervious cover below that of what LI zoning would otherwise allow. It sets a flat 75 decibel noise limit at all times, which is better than code. And it commits the project to pursuing LEED certification, which we have already registered for. So these are not minimum standards. They are above code protections that are written directly into a legally binding document. Now I want to address an enforcement because that's where some concerns were raised last time here. As a city city attorney can confirm, this covenant is enforce enforceable by injunctive relief. That means violations are not handled through warning letters or fines. They are addressed through immediate court ordered compliance. Operationally, that is the strongest enforcement tool available.

7:06 – 7:276

For a data center, an injunction could mean forced equipment changes, suspension of operations, or shutdown of certain systems. That kind of uncertainty is unacceptable in this industry. These facilities serve hospitals, utilities, public safety systems, and enterprise networks. So compliance with the RC is not optional. It is mandatory.

7:27 – 8:066

Compliance is engineered into the design and operation of the facility from day one. And importantly, this level of enforceability only exists because this project is inside the city limits, subject to this covenant and city authority, not out in the a ETJ where none of these protections would apply. This project won't stress city emergency services, park systems, or street maintenance. It's not in the flood plain or in a residential area. Instead, it will generate long term revenue services while operating under tighter restrictions than city code requires.

8:06 – 8:266

So when we talk about accountability, this is not about trust. It's about the law and operational reality. We've done the work. We've put in real commitments. These commitments are on paper, and we're asking for your support for a project that is both highly regulated and highly beneficial to the city. Thank you. And obviously, we're all here to answer more questions.

8:262

Thank you. Yes, sir. We have Yes. 3

8:33 – 8:595

David Swank, Dallas, Texas. My background is primarily in the electric utility industry for the last thirty five years. Served as engineering operations as well as CEO for many of those years as well, multiple utilities. I want to address electricity use directly because a lot of what's been said about data centers and the grid doesn't reflect how the Texas electric system actually works. First and most importantly, this project will not increase electric rates for residents.

8:59 – 9:345

Data centers are classified as high load factor customers, meaning they use power steadily in sharp peaks. In Texas, grid stress and price volatility are driven by peak demand scarcity, not by steady predictable usage. In fact, predictable demand improves forecasting, improves dispatch efficiency and supports long term planning. From a utility standpoint, that kind of load is easier, not harder to serve. Second, this project does not reduce power availability for residents or businesses.

9:34 – 10:035

In Texas, large new loads are required to fund the infrastructure needed to serve them. That typically includes new or expanded substations, redundant high voltage feeds, relay protection coordinated with ERCOT and transmission upgrades. All that infrastructure is paid for by the developer, not by ratepayers, and it becomes part of the broader electric system that future growth can rely on. In other words, growth pays for growth. That's how the Texas grid is designed to work.

10:03 – 10:485

As someone with more than thirty five years in energy utility, like I say this clearly, a well planned data center builds out a tremendous amount of high capacity, high quality infrastructure that both the utility and the community benefit from long after construction is complete. It also provides stable, reliable demand, which is incredibly important for long term system planning and rate stability. And it's important to be precise about responsibility here. Interconnection approval, system planning and reliability standards are governed by ERCOT, the Public Utility Commission and the electric provider, not by the developer. This project only moves forward after those entities confirm that adequate capacity exists or is being built to serve it safely and reliably.

10:49 – 11:055

So the conclusion is straightforward and supported by how the grid is actually structured. This project does not burden the electric system. It strengthens it by funding infrastructure, improving predictability and expanding long term capacity, all at private expense.

11:057

Thank you for your time. Thank you, sir.

11:12 – 11:398

Hello. My name is Jose Lozano, and I'm here I live here in the city Marcos. I know there's a lot of big arguments which what's better if it's the single family development or the data center. And what I do wanna point out is that this property is located at a unique area where both resources needed, which is water and power, are available. This property is also located right at the edge of the city limits.

11:39 – 12:218

The water provider is CCSUD, crystal clear, not the city of San Marcos, which mean that if an opportunity arises, a data center could be built right next door using the exact same resources, and the city would receive zero benefit out of it. The county has fewer regulations when it comes to building permits. The city, on the other hand, reviews projects in much more greater detail starting from the building permit from stormwater and anything related to environmental. I have read the restricted covenant, and it includes the following requirements plus whatever the city requires already. They put restrictions on water, which is great.

12:21 – 13:018

They also put storm water, 10% more retention than what the city requires to make sure that there's no flooding with the property neighbors. They're also requiring, TCQ rules to be treated at 80% total suspended solids, which is not required in this area, and it's not required by the county either. And it's also pursuing lead certification and their compliance with the noise level ordinance from the city. So from my perspective, this approach offers the best of both worlds. The developers are going above and beyond by adding restrictions through these covenants to address any environmental concerns while at the same time, the city gains a significant expansion of its tax base.

13:029

That's it. Thank you, guys.

13:03 – 13:222

Thank you, mister Lozano. Going forward, if we miss anybody, we will bring the names up at the end, so I don't wanna think anybody's gonna be overlooked if you're not here at this moment. We will keep going in order. We have Jennifer Lindsey, Cares Blackstone, Patrick Blackstone, and Mike Martin.

13:240

Chairman, I may just real quick ask everyone online, if you're not speaking or haven't been called on, if you can please mute your mics and cut your video until we call on you. Appreciate that. Thank you.

13:392

And we have three minutes and the time starts when you start speaking and say your name.

13:44 – 14:1510

Jennifer Lindsey, 312 Valley Acres Drive, New Braunfels, Hays County. Good evening. I'm here to speak out against agenda items four and five and to persuade members to vote no on these items. On 10/15/2024, the San Marcos City Council adopted a comprehensive plan that established the goals and vision for the future of San Marcos. Over the next twenty to thirty years, this document required years of diligent thought by experts and community members to develop.

14:15 – 15:1810

A guiding principle set forth in the comprehensive plan labeled strategic and complementary states, San Marcos strives to ensure the development adds to the greater whole of the community and that the long impacts of development are considered in short term decision making. I do not see how PNZ members can reconcile this principle with documented reports showing the devastating impacts to people, water, and power grid resources by data centers. Centers. The existing preferred scenario conservation cluster identifies areas where development would be discouraged over the life of the comprehensive plan, and what development that does occur within the conservation reservation areas should be low impact to the natural environment by using a variety of development techniques and strategies. Again, I do not see how PNC members can reconcile these statements with these two proposed PSAs when they run completely contrary to each other.

15:19 – 16:1010

Highlander LLC received accommodation for the 136 acres with a PSA already. This acreage was changed from conservation cluster to CD 2.5 to build single family homes on. Not being happy with that business decision does not mean San Marcos city staff, council members, PNZ members, or community members must bear the burden of correcting it for him. Concern over people living next to a power plant is understandable, but if people choose to buy homes there, they make a choice based on knowing there is a power plant there, a decision some current residents were never fortunate to be granted as we already lived out there before the power plant. If you yell yes for these agenda items four and five, you will be creating a hub of heavy industry, a domino effect.

16:11 – 16:3910

It's your job to implement the comprehensive plan and to adhere to its guiding principles. Even the twenty twenty five strategic plan states, implement the comprehensive plan. Engage residents. Protect neighborhoods' natural, cultural, and historic resources. Residents have been engaged in saying no to this development and the requested PSAs. Vote no for your community and your city. Thank you.

16:432

Thank you, Ms. Lindsey.

16:532

Wait. Please.

16:5512

Okay. I

16:572

can do it all night long. So I ask that you please be respectful out there, keep the clapping to a minimum, and please allow the people up here to speak. You have me three minutes, and please state your name.

17:05 – 17:5013

Hi. My name is Karis Blackstone. I have been a Hays County resident my entire life, and and I am completely against the Cloud First AI data center being built in San Marcos. I'm very concerned about the noise and air pollution this data center will bring as well as the extensive water usage needed for cooling the servers. I'm very concerned that these issues, along with the many others that come with this data center will harm the city of San Marcos and other cities. I understand that in many aspects, the construction of this data center, things have already begun and hands have been tied, but I hope that this zoning change will be denied and the land being developed now can remain a conservation land to help preserve as much of the San Marcos I've grown up in. Thank you.

17:502

Thank you, miss Blackstone.

17:58 – 18:1714

Hello. I'm Mike Martin. I want to first thank you guys for all all that you do up here from San Marcos. It's not an easy, not easy thing to do. But I have a speech problem, so I'm gonna let Hayek read my report for you opposition to this.

18:192

Thank you, mister Martin. If we have Patrick Blackstone. Sir, if you please come forward.

18:2615

I'm reading on Mr. Martin's behalf.

18:292

Goodness, I apologize. I am so sorry.

18:31 – 18:5115

It's Okay. Good evening. I've lived in and around San Marcos since I came to college here in 1965 and taught school for fifty years, thirty five plus in San Marcos. It is my hometown. I am one of the neighbors of the proposed data center, and it is my home of twenty five years.

18:52 – 19:3315

I want to go on the record that I am truly against the proposed data center for obvious reasons. The environmental effect of it would be devastating, devastating to my place, my home, and all of the neighbors around it. The environmental effects of an astronomically large plant would be catastrophic to the environment and the people living anywhere near it by caused by the heat it would create, the stress it would put on our water supply, the aquifer, and the stress it would put on our electrical power. I can't understand why the city would approve and annex a plant that basically does not benefit the community and that the neighbors disapprove of.

19:362

Thank you. Ken, I apologize for that. Sir, if you just state your name, you got three minutes.

19:45 – 19:587

Good evening. My name is Patrick Blackstone. I've been a San Marcos resident for eleven years, and I would like to say that I am not in favor of the construction of the AI Identisator data center in San Marcos. Thank you for your time.

19:58 – 20:162

Thank you, mister Blackstone. If we could have Tory Martin, Lydia Rodriguez, Luke Kraft, and Hyatt Quurunful, q u r u n f u l. I apologize.

20:18 – 20:4016

Torrey Martin, 1301 York Creek Road, New Braunfels, Texas, Hays County. Once again, I am here to speak against the data center on tonight's agenda. The zoning conservation cluster states, development that does occur within conservation and reserve areas should be low impact to the natural environment. Buckle up because I'm gonna talk fast because I have a lot to say as the immediate neighbor. I am very educated in what it is like to live in this neighborhood.

20:41 – 21:2116

I can tell you we already experience regular brownouts, and our water is shut off monthly for hours at a time from 18 wheelers driving down our roads, breaking our pipes, resulting in receiving boil water notices to have to wait for the bacteria to leave our lines before we can resume our water consumption. This being said, Francis Harris Road is not structurally sound to stand the estimated three to five years of weighted construction equipment on this road, resulting in more of the town's tox dollars to constantly fixing the road. We are scared to not have water. Five metal three story structures that will be radiating heat, our electricity bills will go up. Our units are gonna be working harder and less efficiently than before because of the brownouts and costing us more money.

21:22 – 21:4916

I hate to think of what this will do to our livestock, which my neighbors and I all depend on financially. We are already seeing mysterious deaths in horses, sterile cattle in horses, not breeding, not producing calves or foals near data centers. And when they breed, will they be developing properly in the womb? Horses can hear a heartbeat from four feet away. So, yes, their behavior would change from hearing an industrial site being developed feet away from them, and we'll hear the frequencies we cannot daily.

21:50 – 22:1616

Will they become dangerous to ride when I use them for jobs because of this? And obviously, complete neglect to the wildlife that doesn't have much rural and less. Let's talk about flooding. It's not in the floodplain, but everything below that hilltop is, And it all already drains down on us on your Creek Road, which is all in the floodplain. But you cover that hilltop with 70% concrete, it's really gonna come down into our homes and into our ponds that our livestocks are drink out of and that I swim in.

22:16 – 22:5816

Our wildlife will the wildlife will be transporting from whatever is in their attention ponds to ours, and that's just some of the way these forever chemicals are gonna get into our property, in our wells, in our water, in us, and in our livestock and spread. It will not be confined to their 200 acres. It will bleed all over impacting the neighbors. We have heard many times in this room that conservation cluster is just a placeholder. My neighbors and I are not a placeholder. These are our homes, our ranches, and our livelihood, and most have been there for generations. We are not a placeholder for you to play with. We are agricultural, and we are raising your cattle that you depend on. You depend on clean water and clean food. You cannot depend on a data center. Thank you.

23:002

Thank you, miss Martin.

23:09 – 23:5117

Luke Kraft, 306 Credit Avenue, San Marcos, Texas. I'd like to highlight some concerns raised in the previous meeting, mainly the costs associated with this project. I'll be reading from some statistics sourced from the National Telecommunication and Information Administration, the Alliance for Affordable Energy, and the International Energy Agency. According to the National Telecommunications and Information Administration, the need for data centers is expected to increase by 9% each year until at least 2030. By 2035, data centers US electricity demand is expected to double compared to today.

23:52 – 24:2117

In Louisiana, currently, the Alliance for Affordable Energy is challenging Metta's Louisiana data center, along with Energy Louisiana's bid to build three new gas power plants to support it. At the previous meeting, an issue was raised on how code would be enforced if Mayberry and Co. Sought to expand or broke their promise. I think many people here are scared. I think people are feel fearful of change, especially such rapid change.

24:23 – 25:0817

According to the International Energy Agency, The US accounted for the largest share of global data center electricity consumption in 2024 at 45%. People in favor of this data center have argued that Mayberry offers a better solution than those in Louisiana, in Tennessee, in Virginia, and across the country. But to those who say there won't be more after Mayberry, there will be. This is a watershed moment for San Marcos because if one day the center is built, there will be more, especially when our state and federal government offer incredible tax cuts for data center of which the cost falls on the taxpayers. I'm urging this committee to reconsider. There is much more value in this land. Thank you.

25:082

Thank you, mister Craft.

25:16 – 25:4215

Hi, Akronful. 1604, Old Ranch Road 12. For months, we have been coming to advocate for our town and quality of life. Since our calls have been falling on mostly willfully deaf ears, I come to you with your own handbook of values to point out the many reasons a vote against a data center is a vote in favor of the existing strategic plan you all released in 2025. There are five goals of the strategic plan.

25:42 – 26:1215

I will address each goal and the related outcome to make my points. Quality of life and sense of place, outcome a. Out the gate, outcome a of our first goal is negated by our ongoing discussion entertaining this proposal. To amend the comprehensive plan and the outline it provided within a year and a half of its 10 tenure shows a blatant lack of commitment to this goal by the staff, management, and the majority of the council of the city. Outcome b is to engage residents.

26:12 – 26:3815

We have been engaged in promoting our own sense of belonging while being misled by city staff and other members of council that this proposal would bring us benefits. A continued relationship with a party who continues to ignore and minimize feedback, input, and engagement is not a healthy one. Are you truly following the strategic plan? Two, economic vitality. Outcome a states it'll utilize the city's comprehensive plan and other master plans as guiding principles.

26:39 – 27:1615

Is this really what's taking place when you're so quick to consider making exceptions for one special interest? Is this truly your intention when you're not asking the hard questions, advocating for your constituents, ensuring their future quality of life, and only basing your hope on thin promises of potential financial gain while not taking into account the devastating financial, ecological, and infrastructural consequences of this decision. This will further drive the wedge of financial disparity in our town. Are you truly honoring the strategic plan? Three, public safety, core services, and fiscal excellence to collaborate, to prioritize, and enhance public safety.

27:17 – 27:5715

This experience isn't building trust with our city. If anything, this prolonged and drawn out experience has lessened trust in our community. Staff has not only accommodated, but at times seem to support the changing narrative and goals of this ill defined data center. While hundreds of citizens have repeatedly continued to come out, express themselves with facts, and back up to support their arguments, most of you all have sat up there willfully ignorant and unwilling to change your thinking or truly think for yourselves. PJM Interconnection, the largest US grid operator that serves over 65,000,000 people across 13 states, projects that it will be a full six gigawatts short of its reliability requirements in 2027 due to the increased demand of data centers.

27:58 – 28:3315

Just last week, the Austin American Statesman reported that a new analysis written by the office's city manager found that data centers have the potential to overwhelm the city system given they need more power than can possibly deliver be delivered with current infrastructure. Are you taking the strategic plan into account? Four, mobility and connectivity. Outcome c. Have you seen how many trucks it takes to build a new data center? Do you think our small town and country roads can take the wear and tear that a project of this magnitude would require? There's more. Listen to us, please.

28:33 – 28:472

Thank you. Lydia? Lydia? Yes. Yes, ma'am. Can you please just state your name? We got three minutes.

28:47 – 29:2518

Lydia Rodriguez. Good evening. My name is Lydia Rodriguez, a third generation ranch owner. And I'm here to speak in opposition to the proposed data center on Francis Harris. San Marcos is a community defined by its neighborhoods, its natural resources, and its responsibility to future generations. And this proposal threatens all three of them. First off, water. Central Texas is facing an increasing water drought risk and a water insecurity. Approving a project that adds major industrial water bans is reckless. These data centers consume millions of gallons of water.

29:25 – 29:5618

Once water is gone or degraded, we can't get it back. Second, there is the issue of land use and compatibility. Francis Harris Lane is not an industrial corridor. It is surrounded by homes, families, and rural character that people moved here to preserve. A data center brings massive buildings, constant mechanical noise, substations, backup generators, heavy truck traffic, and around the clock operations.

29:56 – 30:2418

Residents will deal with noise from cooling systems, generators, increased traffic on roads not designed for it, and the visual blight of warehouse scale buildings. Property values and the peaceful enjoyment of homes are at risk. Also, Also, a private corporation can benefit while offering very few permanent jobs in return, which leads to my next point. The economic argument does not hold up. Data centers employ very few people and long term strain on public resources.

30:24 – 30:5518

San Marcos should prioritize development that provides real jobs, support local families, and align with our comprehensive plan, not projects that extract value while giving little back. Finally, this is this is about who we are as a city. San Marcos has long prided itself on environmental stewardship, thoughtful growth, and a community engagement. Approving this data center on Francis Harris Lane would contradict those values. Growth is inevitable, but how and where we grow is a choice.

30:56 – 31:1318

I urge you to listen to the residents who live here, who drink the water, who raise their families here, and who live with consequences long after developers move on. I'm asking to please deny this proposal and protect the characters, resources, and future of San Marcos. Thank you for your time.

31:13 – 31:252

Thank you, miss Rodriguez. We now have Charles Sechting, Jeremy Hendrix, Kaden Kennedy, Jimmy Nabil, and Cole Taylor.

31:2619

Tell me when to start.

31:282

Sir, after you say your name, you have three minutes. Thank you.

31:30 – 32:1219

Charles Sechting, s o e c h t I n g. I live at 107 Oakshadow, which is just adjoining the ETJ in San Marcos. But I've been here seventy five years, so other than Mike Martin, I may be the oldest person here. I have been here long enough to know that things are going to change. There's nothing we can do to stop that. But what we have now is and you've all asked to be on this commission. Nobody put a gun to your head and said you've got to be on it. You chose to be on it, and you have to make hard decisions. And one of the decisions we have to decide is whether San Marcos is going to continue to exist. Because anybody that says we're not short of water, anybody that says we're not in dire danger of not having water is not dealing with reality.

32:12 – 32:4319

I remember when the Blanco River several years ago had seven or eight feet of it. It may have three inches right now. I remember when Jacob's well flowed. It no longer flows. I took my swimming lessons at age six at at City Park, and that water is down considerably. What I'm asking you to do as the commissioners is you're gonna have to make some hard decisions. It comes with that. I was a state Democratic Party chairman. I had to make hard decisions, and sometimes I didn't like it. But in this case, there is no reason to approve something.

32:43 – 33:1419

My family moved out there. Secting Road is about two miles from this venue in the 1850s. So I know a little bit about this area. Still go out there, and some of my relatives steal little signs off the roads from time to time. But it's a beautiful place that does not need to be disturbed. San Marcos, we don't have the water. We don't have the water. We'd sit there and say we have the water, say we wish we had the water. We're two forty miles from the Chihuahuan Desert. We're a semi arid place to start with.

33:14 – 33:5619

At some point in time, the commission has to just say and you're gonna be able to vote against this just based upon the rules and the way the rules are to be applied. But I'm just asking you to think about when you get up and look at your children or your grandchildren, are you gonna leave them a a place that looks like the Sahara Sahara Desert? Are you gonna leave them something good, decent, like we had at one point? Maybe we'll get back someday when we stopped taking advantage of these natural springs we have, which are here to give us life, here to give us water, here to give us the life that we enjoy, not help some big. And I'm sorry, Mr.

33:56 – 34:1919

May be a very nice man. I don't know him from Adam. But at the end of the day, at the end of the day, what he's wanting to do for Hays County and San Marcos is not good for anybody but Mr. Mayberry and his investors and shareholders. That's all I have, but I ask you to vote your conscience and do the right thing by the citizens of San Marcos who count on you to do the right things. Thank you.

34:19 – 34:482

Thank you, sir. Okay. I was gonna wait until after your citizen comment for this remark that I'm about to make. We are now gonna implement a three strike rule. We do need everybody out there to be courteous. Please be respectful of people who are speaking. Please ask you to please control your claps. Please. Control your applause is probably the more appropriate way to say that. Jeremy Hendrix, Caden Kennedy, Jimmy Neville, Cole Taylor.

35:092

And sir, if you please state your name, and you have three minutes.

35:11 – 35:3020

Jeremy Hendrix. Thank you very much. Good evening, mayor, council members. My name is Jeremy Hendrix, I'm here on behalf of the Laborers International Union of North America, representing the skilled construction workers who build, maintain, and really keep Central Texas moving. I live in Austin.

35:30 – 36:0520

I'm proudly cover all of Texas for La Luna, and I'm here tonight to respectfully ask for your vote in favor of items four and five. I'm supporting these items of this project because it represents real opportunities for working people in San Marcos, not just for short term jobs, but long term careers. These are the kind of jobs that allow families to put down roots, to plan for the future, and stay part of this community that they help build. Lionel members know what good jobs look like. They mean family supporting wages, they mean health insurance, and real dignity that comes with steady work, apprenticeship, and training.

36:07 – 36:3220

That opens the doors for local workers to create true career paths in the trades. These are not temporary jobs. They're opportunities to build a real life for workers. And when workers earn good wages, we know the whole community benefits. They support local businesses, strengthen neighborhoods, and help keep San Marcos a place where families can work, can live, can thrive, and can raise their children and keep their children living here for generations to come.

36:33 – 36:5820

Items four and five are a chance to bring these opportunities to more people in this community, a chance to invest in the workers that live here and the workers that will live here and in future generations, and in families and in the long term strength of this community. So I respectfully ask all of you to please vote in favor items four and five tonight because this project will be good for this community and good for workers. Thank you for your time and consideration.

36:582

Thank you, sir. Oh, Young has just come up.

37:11 – 37:5621

Jim Neville. Good evening, and thank you commissioners for the opportunity to speak tonight. As I said, my name is Jim Neville, and I'm here with fellow members of the Laborers International Union of North America. We represent local ten ninety five covering San Marcos and thousands of hardworking men and women across the state of Texas. Of I wanna be very clear. We are here in support of rezoning the land on Francis Harris Lane for this new data center project. Projects like this bring real value. Tax revenue that strengthens cities, opportunities for local businesses, and most importantly, good jobs that build real careers. And not just any jobs. This developer has made a written commitment to work with union labor on this project.

37:57 – 38:3021

That means the highest safety standards, the most skilled workforce in the industry, fair wages, health insurance, and a path for workers to support their families and retire with dignity. I know this personally. I came up through the laborers apprenticeship program. I worked on projects just like this one for nine years to provide for my family before being trusted into a leadership role. And before that, my father fed our family for thirty years and is now drawing a retirement due to projects just like this.

38:31 – 39:0321

These are the kind of jobs to put food on tables, to give kids stability, that turn hard work into a future. We've already begun working with the developer and we've also reached out to city officials to start building real partnerships with San Marcos. Our goal is simple, to connect local residents to these careers. From experienced tradespeople in this community to young men and women graduating from local schools who are looking for real opportunities. We have hundreds of members building data centers across Texas and thousands across the country.

39:03 – 39:4321

And everywhere this model is used, with strong safety standards and union labor, communities and families benefit. San Marcos deserves the same opportunity because the reality is this: If projects like this aren't welcomed, they don't just disappear. They go somewhere else. And with them goes the jobs, the training opportunities, and the chance for local hardworking families to build a stable future. So tonight, we respectfully ask you, support rezoning this property, continue the conversation, and allow the project to move forward in a way that benefits this community.

39:43 – 39:5521

San Marcos has a real opportunity here to invest in its people, to strengthen its workforce, and to create lasting economic stability for families. We ask that you make the most of it. Thank you.

39:552

Thank you.

40:03 – 40:2422

Cole Taylor. I work for the Labors Union, and I support this data center project because it would create good paying jobs. And also through our apprenticeship program, we look forward to working with the community, bringing in and recruit and train local workers for long term careers, and I hope to support the project. Thank you.

40:24 – 40:542

Thank you, sir. Now Emmanuel Godu, Randy Harris, Michael Hernandez and Bobby Levinsky. In any such order, can just come to the podium and state your name, and we'll start your three minutes.

40:54 – 41:0723

Yeah, we got it. I'm jumping on the line. Manning, I think, is coming in. Randall Harris with the Laborers International Union of North America, and I'm here to strongly support this project. I all of you to strongly support this project.

41:07 – 41:5623

I understand and some other folks have said, you've got some tough decisions to make. This is there's a lot of passion on both sides of this. However, what these kinds of opportunities do are not just one off opportunities. These are literally generational changing opportunities for communities. For the next twenty, thirty, forty, fifty years, workers and residents of this community will have an opportunity to get into a skilled trade, to develop a career, to buy a home, to stay here, to build a family, to volunteer at the schools, to give back, to be a part of this community every single day.

41:57 – 42:4223

And there's a lot of folks out there. I recognize that, that what I'm saying here, especially for that large group out there, not the most popular thing in the world. But again, these tough decisions, this is a community of over looks like over 90,000. I guess the question for this body here is, you going to be swayed by this vocal minority or the silent majority? Over 90,000 residents of this community, and there's a few 100 out there. We represent 5,000 workers in the state of Texas, over 500 in and around San Marcos in this part of the state of Texas. I would encourage you strongly to support this project, to go out, do the right thing, support families, support training, support good careers. Thank you.

42:422

Thank you.

42:50 – 43:2624

Good evening. Evening. My name is Manuel Goodoy, and I'm a member of a Labors Union Local ten ninety five. I'm here tonight in support of this data center project. I've built an entire career on projects just like this. Union construction work is how I provide for my family. It's how I was able to buy a home here. It's how I've stayed it's how I've stayed work stayed at work. I get health insurance and a future I can plan around. These are long term careers.

43:26 – 43:5324

They give people stability. They give family security. Knowing that this developer has committed in writing to work with the union labor matters a lot to people like me because it means work will be safe, professional, and done right, and that local workers will have a real opportunity. Please support this rezoning. Allow this project forward. Thank you very much.

43:542

Thank you, sir.

44:01 – 44:2125

Michael Hernandez. Chandler, Arizona Tucson, Arizona Lewiston, Maine St. Joseph, Indiana Cascade Locks, Oregon Warrington, Texas I'm sorry, Warrington, Virginia College Station, Texas. You know what all of these have in common? They're all part of a growing list of cities that have voted to keep data centers out of their communities.

44:21 – 44:4825

All of these have had committees and city councils actively listening to their constituents and ensuring that all of their concerns are being heard. Here we are in the same position that we were in last March, voicing our opposition to allowing a data center to be built within the city limits of San Marcos and next to our neighbors who rely on their land and their property for their livelihood and for their survival. Are you listening to us? Can you hear us? Since last year, we've learned very little about the proposed data center going in off of Francis Harris Lane.

44:48 – 45:1125

And ultimately, this is because the developer has been under an NDA all of this time. Once he did get permission to disclose his buyer, we held a town hall that provided us with zero answers and that buyer got spooked and went back into hiding. The lack of transparency throughout it all has been appalling. How can anyone even consider approval without any knowledge of what they're approving and to who? I will tell you what we have learned.

45:11 – 45:4225

We have learned from the city utilities director, Tyler, I can't pronounce his last name so I'm not going to butcher it, that this proposed data center will use roughly two and a half times the amount of power the entire city of San Marcos uses per day on peak power usage days. Imagine that. One cluster of five buildings using the same power as two and a half cities of 70,000 people. We know that heavy usage raises bills even though experts say it won't. We've learned that with power comes water usage, an average of about 12,000 gallons per megawatt used.

45:42 – 46:2125

That is in addition to whatever number of gallons they're going to tell us this month that they'll use in their closed loop system, which has not been approved by Crystal Clear. In addition, we learned from the North American Electric Reliability Corporation in their yearly assessment published in November 2025, you can Google it, that Texas and the ERCOT grid are labeled as an elevated risk. In layman's terms, it means that the grid is more susceptible to failure even more so than the winter storm of twenty twenty one due to the rising amount of data centers being built in the state of Texas. Tonight, you're gonna hear a lot of information from a lot of citizens, citizens who have come out to every monthly meeting PNC and City Council since last March. Unlike all the laborers coming out of the woodwork for the first time, no offense.

46:21 – 46:5225

I hope you are listening to us. We are the ones that are doing the research and putting in the work to provide you with an influx of information. You keep asking the developer for answers, but they're not the data center. They're giving you the same answers you got last year, worded differently. They just see the color of money. Tory, Abigail, Jennifer, Mary, and all of the other concerned neighbors and citizens see the different type of green, the green of their land, their homes, and their lives. You were on the right side of history ten months ago. Please stay that way so we can add San Marcos to the list of communities exercising their voice. Thanks.

46:532

Thank you, Mr. Hernandez.

47:03 – 47:3126

My name is Bobby Levinsky. 248 Camaro Way, San Marcos, Texas. I have twenty years of experience in land use policy, and I have and I've been an attorney in that space for the last ten years. I object to the consideration of PSA twenty five thirteen and cease and zoning case twenty five thirteen tonight on the grounds that they have not complied with the waiting period of the code. Less than six months ago, the cases that you are scheduled to hear tonight were denied by the city council.

47:31 – 48:1726

Both the preferred scenario amendment and the zoning change are the exact same cases. Neither of them should be on your agenda tonight without a request to waive the waiting periods. Section two two point three point four point one a requires a six month waiting period from the date of denial from any development application that was denied. Section two point five point one point two point f requires a one year waiting period for a zoning change that was either this is really important denied or withdrawn of this from the withdrawal of the same request to change by the applicant after the city council meeting at which the change is to be considered has been called to order. That meeting was called to order.

48:17 – 48:5226

The zoning case should not be on your agenda tonight. With respect to the PSA, both the applicant and the staff memo indicate that because the rezoning case was not approved due to a failure to achieve a supermajority vote, the application was not technically denied. That interpretation is very inconsistent with basic statutory construction. In the absence of a statutory definition, courts use the words common ordinary meaning, meaning you just look at the dictionary. Mary Webster's dictionary defines denied as refused to grant.

48:52 – 49:3626

That occurred. This is consistent with the American Heritage Dictionary as well, to decline, to grant, or allow. Refuse. There should be no dispute that the outcome of both of those items was refused and and declined to be granted by the city council. That's the entire reason the applicant resubmitted these requests. The applicant and staff seem to be under the impression that the city codes requires an affirmative vote to deny an application. However, that is not how the code is constructed. The code requires an affirmative vote of a super majority of the council when the planning commission has recommended denial. The public hearing was held on the PSA, and following the public hearing, the city council refused or declined to approve the request. It was therefore denied.

49:36 – 50:1126

The applicant's probably aware of this weakness of the argument, which is why they argue that it wasn't denied per se. It just didn't become effective. That just doesn't that's an absurd result that the courts would not accept. And I really would encourage this commission to use your authority to decide that that is a ground for denial for both of these requests because it does not comply with the waiting period. It is within your authority to approve the waiver of those. And they have not requested that waiver. That's not posted on your agenda. I think it's within your right to to grant it to to withdraw it based off of the just the waiting period. Thank you.

50:11 – 50:312

Thank you, mister Levinsky. We now have Maxfield Baker, Amy Camp, Saunders Drucker, Chad Bartling, Rocco Moses. And you may come up in any order. And please state your name, and we have three minutes. Yes, sir. Oh,

50:33 – 51:137

wasn't ready. No. I guess so. Okay. Yeah. I'm Maxfield Baker. I sat in this seat, and I also sat on city council. And so it's hard to know what to say when people are a lot more eloquent than you and have, like, science and research and, you know, all that good stuff. I know some of you all voted against us before. Really hope that you do it again. You're worried about legal consequences, then just stay quiet and vote no. You have that right. We see people do it all the time. Not justify a single reason why they vote, they just vote the right way. Also, if you're worried about legal repercussions, the city's got you covered.

51:13 – 51:407

Right? That's what we pay into these, like, administrative things for. It's not lost on me that this process took a long time. And in between the last time and this time, it's very likely that some of you have been lobbied by mister Mayberry. Some of you have tried to lobby our community members through text messages, direct communications to tell us to back off, get a better understanding of it. Meet me in private. Let's let's see if I can get you to understand what I'm saying. Right? And that's that's kinda dirty. That's not great.

51:40 – 52:037

We don't have a lobbying ordinance that stops that from happening. So I would ask you to ask each other because, obviously, you don't have to answer to us, but you would hope that you would respect your colleagues and answer them. Have you all been lobbied? Has city staff been lobbied by mister Mayberry, by these union folks out there? The injunction is kind of a a miss you know, miss misplaced thing.

52:03 – 52:457

It it's just the cost of doing business for them to stop. And this, you know, isn't gonna be a silver bullet for our budget. The reason our budget is in dire straits is because we continue to let global extractive capitalists, blah blah blah, take money from our community and leave us on a pile of nothing except promises that we don't even know that they'll keep, especially with a state and federal government that is willing to put their boot on us at any point. We saw that when governor Abbott Abbott threatened our ceasefire resolution, something that had no legal base to to do. But there there's no doubt in my mind that they're watching us at that level and that they might too try to come after these restrictive covenants they're promising you, yada yada.

52:47 – 53:167

You know, behind closed doors, it's also pretty clear that staff has been putting their own boot on your neck, reminding you, quote unquote, what your jobs are. You don't have to listen to them. Some of them don't want want this because they think it's gonna make their job easier. Some of them want it as a resume builder. I'm gonna end. I know I have just a little bit left. It's nice that city council has, like, the actual bar so you can see it. But everybody out there cheering and applauding. It's great. Snaps are better because you're eating into our own speaking time.

53:16 – 53:437

It just, you know, we're as a community trying to get up here and talk. So love all the support, definitely on your side, but just from a a flow, we'll get through more of us if we all just kind of snap our fingers or do something, you know, the little jazz hands. All all that's great. And, you know, again, it's not lost on us that we've been doing open records requests. Right? So if you all don't wanna be honest with your colleagues about the communications between you and outside agencies, expect an open records request. Thank you.

53:432

Thank you, sir. Yeah. See? That's good. Please state your name in three minutes, sir.

53:52 – 54:327

Hi. Saunders Drucker. I'm a resident here in San Marcos. Thank you for letting me come and speak today. I'd also like to address that if they have not already been allowed to, there's a bunch of people who showed up at 05:00 expecting to be able to sign up to speak. They should be able to speak once all the people who'd sign up earlier can. Next, I'd like to say we've been in this for a year, okay? It's been back and forth. I've not prepared anything to talk today because I'm kind of tired of doing that. And I understand that a lot of their claims might make this proposal sound really good if the entire world was contained within this room, but it's not.

54:33 – 55:177

If you go outside of this room, you'll see a few different things. One of them is that there are two different types of data center news headlines, headlines, either about towns fighting them, fighting tooth and nail to keep them out of their jurisdiction, them or towns that have been destroyed by them and are now dealing with those negative repercussions. If you go outside of this room, you will find not a bunch of residential homes out there at 90904 Francis Harris, you'll find some undeveloped ranch land. And that's what it is now acting as a buffer between existing residences and the industrial area of the power plant. That power plant was put there against those people's wish to meet a demand.

55:17 – 55:527

This data center is now coming to try and parasite, barnacle off of that area to grow the industrial zoning in that part of town. They've argued quite a few times before that it's unethical to have these multi family homes right next to an industrial area. And then their argument is to expand the industrial area to be next to existing single family homes. They are furthering the problem and claiming to solve it. Next, you have a unenforceable restrictive covenant.

55:53 – 56:447

You have a restrictive covenant that they are already planning to break. I say that because I have right here a whole bunch of environmental violations from the state of Virginia against Cyrus One, the company that backed out of their thing but is probably still behind it, in which they repeatedly violate air and environmental assessments, not by going crazy over their limits or anything, but by building generators that they weren't permitted for before they had permits for them. Going a little bit above, squeezing these regulations and factoring the fines and all of the things that you're going to do to them into their construction costs. They have already accounted for whatever we're going to do whenever they violate their own covenants. There's evidence of them doing it for the past fourteen years in Virginia and New Jersey.

56:45 – 56:577

It's likely that the company's gonna do the same thing here. Secondly, any jobs in San Marcos should be union jobs. I understand there's a bunch of union guys here, but honestly, construction jobs are not in short supply. Thank you.

56:572

Thank you, sir.

57:03 – 57:4629

Moses. Gentleman earlier said watershed moment. I think that that is very apropos. I think that these facilities, whenever you pull the lens up a little bit, represent something that's happening across the country. This is not isolated, and there is no way these gentlemen they all speak in favor of it. The only people that speak in favor of these have fiscal interest directly in them. And there's a playbook. Because if you lens back a little bit and you look at how municipalities are worked over by people like this and you're looking at me, but it's a real thing. They follow a playbook. They initiate projects.

57:46 – 58:1829

Then the communities come out and they say, please don't do this. And then there's a stall process, and they wear people down. And once they're once they're embedded and they can draw resources and create noise problems and create air pollution problems and create drainage problems and all of these myriad of issues that come with these facilities, they're they're there. The electrical gentleman said, oh, the the city can enforce these things. The city can't do anything once they're there because they're already embedded.

58:18 – 58:4329

They're parasitic by nature. That is what these facilities are. And as far as the union people, there's lots of other jobs. And the reality is that it it also plays to the example of that the only people that support these projects have direct and personal fiscal interest in them. And so I share the the the emotions of everybody here, but it really is a watershed moment.

58:43 – 59:2029

Because these facilities, the first one represents a huge marker because then it opens up floodgates. And it drains the resource that we it's it's a, you know, it's something to get very emotional about. The the water table as it is, the process that these people can say that even suggesting usage rates at this scale is not absolutely detrimental in the scale of a water table. It's laughable. It's criminal in reality.

59:21 – 59:3529

But if you watch the track across the country of what these facilities do to the water table and the health of the people that live around them, it's tragic. It's tragic. So thank you.

59:352

Thank you, Mr. Moses.

59:5130

Good evening, ladies

59:52 – 1:00:3331

and gentlemen of the council, fellow citizens of San Marcos. My name is Chad Bartling. A son of this great city. I can't imagine the the weight that you all have on your shoulders to make this decision tonight. I wanna say quickly I respect the opposition and all their positions. They're well researched. I wanna speak from a single perspective, and that's from a tradesman's perspective. I've lived and worked in this community for forty six years. I was a San Marcus Rattler class of 1998. For the bulk of their careers, my mom and dad both worked at Century Tel or San Marcus Telephone, later became CenturyTel and Century Link.

1:00:34 – 1:01:0331

My in laws owned a restaurant in this town for many years. And this city and this community has been a blessing and a joy to me, and that's why I chose to base my electrical contracting company here back when we opened in 2013. So to speak, my boots have been in this dirt for most of my life. As I said, I wanna speak from a tradesman's perspective. And while it's true today, I I own a company of 70 plus employees.

1:01:03 – 1:01:5331

It's based here in San Marcos. I started out in the field putting my work boots on every day, putting on a tool belt, fabricating things. And I'm proud to say and be able to drive around our city and see many of the buildings and the businesses that I helped construct. Projects of this size, type, and scope cannot be understated in their value to the tradesmen and tradeswomen of our city and our county. Projects like this data center, with its size and expected duration and phasing, will provide not only a long runway of job opportunity for those already in the trades, but it will also open the door for solid growth and opportunity for young men and women who are exploring opportunities in the trades the first time, which by the way we're in dire shortage of.

1:01:54 – 1:02:1431

The truth is this, and this has been mentioned before, this project will be built. Now depending on the outcome of tonight's vote, it may or may not be built here. But rest assured, it will likely be constructed somewhere. When it does, it will require a massive amount of labor resources in order to be able to execute. I speak from experience.

1:02:14 – 1:02:5231

Again, we are an electrical contractor. We do have an opportunity as a city to support our tradesmen and women with this vote with well paying, dependable, safe, and most importantly, local work opportunities. In addition, what an opportunity we have to support other small businesses as they support this labor force with ancillary services and goods during the construction of this project. So I asked the city and the ladies and gentlemen of the Planning and Signing Commission to consider joining me in support of this initiative and to approve the project in San Marcos. Thank you all.

1:02:52 – 1:03:122

Thank you, sir. I apologize about what I'm about to do here. Avitus Senor Jaboskin. Brett Harris, Aaron Brown. If you all please come to the podium.

1:03:202

Public hearing.

1:03:22 – 1:03:4532

Hello. To your credit, you got closer than most. I appreciate that. Alright. Hello. Good evening. Thank you all for your time. Here we are again. My name is Avedi Semerjebashian. I'm a native of Central Texas, graduate of Texas State, and I've had a long and dedicated career working in habitat conservation and ecology with much of it spent in and around San Marcos and Central Texas Hill Country.

1:03:46 – 1:04:2832

This unique sensitive part of the world means a lot to me, it obviously means a lot to you all as well as as public servants and stewards. That common shared love of our community and environment is why surely we must all agree once again that rezoning of residential land to facilitate construction of the Mayberry data center represents a serious misuse of land entrusted to all of us as residents and stewards, which we've already agreed upon. Fundamentally, this project, the notion of further scoring the land to develop it beyond residential is a blow to public trust and a gross misallocation of fuel, land, energy, and water. At the most basic level, this seems to be a balance of costs. Costs we can afford and costs we can't.

1:04:28 – 1:05:2432

With our proposed 75 megawatt power usage for each of its buildings, representing nearly two times the amount of energy needed to power this entire city, the very notion of another consumptive demand be offset by your constituents and residents as is the case with similar projects around The US, it's tantamount to little more than financial exploitation. It's provided estimated tax revenue to pad the bottom line of tech companies' blood pocketbook. The fact that this rezoning is up for debate again is a glaring evidence that the opinions of the public might matter less than the whims of the highest bidder. In short, another example of questionable profits over real people. And as much as I love to sing the praises of ERCOT and its glowing track record of efficiency and accountability, the facts remain that once more, increasing energy demand of a grid, which still imperfectly makes half its power from natural gas, is one more crack in a critical piece of infrastructure that has already failed Texans and this community multiple times and will continue to do so at our greatest times of need.

1:05:25 – 1:06:1332

It's no secret then that the energy needs of this data center may take precedence over our own while we continue to offset the cost after having our own community's voice be underlined by those with the deepest pockets. As citizens, the fact that we are having this conversation again to prevent the abuse of our water, land, and infrastructure due to short term thinking that only serves to benefit those with plenty at the top, and our own expense is beyond reproach. While they dangle the promise of temporary construction support jobs in our faces with little regard to the future of water and power in Central Texas, they pick our pockets and energy clean and leave us to foot the cost and cover their mess when inevitably this whole prod this whole project sucks us dry. We said no once, and last I checked, that's a complete sentence. The construction of this money pit shouldn't be our burden as previously agreed upon.

1:06:1333

Thank you

1:06:1332

for your time.

1:06:142

Thank you, sir.

1:06:23 – 1:06:5134

Hi, guys. Brett Harris. I'm part of the small crowd that's outside that y'all can't see that wraps around the building that they mentioned about earlier. I'm a local guy. I've been here fourteen years. My family lineage goes back to Edward Dobie, part of Wimberley. I'm here because I'm concerned about what's going on here. There's some things that other people have brought up. And obviously, if you live here, you understand that we had a snowpocalypse, power outages. We have Mhmm.

1:06:51 – 1:07:2634

Drought and issues that we've had where we've had to restrict our water use. I asked you guys just I thank you guys also for listening to me stand here and babble to you guys, but these are all heartfelt concerns that we're all saying from our own experience living here. This is the community we care about, we love. There are a couple of things that were not discussed, and these are some things that are off the top of the cuff of my head that I wanted to bring up to your attention. If we have a data center here that we are gonna be possibly building here if it is approved for you guys, which I'm hoping that you would not.

1:07:27 – 1:08:0634

But with the data center here, it opens up a real big potential for espionage to be focused on our community. One of the first things that people attack are data centers and our electrical source. If we have electricity that's generated to be able to support this kind of need, and if we don't, what are they going to do to correct that? We give them tax incentives and tax breaks to basically have an abatement of taxes to fund the infrastructure to be built. But we don't necessarily get a payback for that because we're paying from it from our own taxes because the tax abatements that they don't pay.

1:08:06 – 1:08:4534

I may be totally wrong about that, but that's as far as I understand is how it works. If we have a lack of power supply to be able to provide them, What may happen also eventually is what other communities are seeing there in some of the petrochemical industry. There are things called PMSs, which is a portable modular, it's a, sorry, I probably throw a big shot there. It's a, it's basically a small modular reactor, PMR, Portable Modular Reactor. And these are small electrical sources because we know that our electrical systems are so unadaptable to provide power.

1:08:45 – 1:09:2934

So other corporations are actually looking at doing this to have reliable power. The other thing that I'm looking at is that we have technology that's being developed right now that's actually antiquating what we're even thinking about implementing for this data center. We may not actually need to have something to scale, scope, and size and use as much water because of technology that is advancing all the time. We're in a tug of war match for things that basically might be antiquated by the time they're completed. And jobs? Yeah. We might have some jobs to build to build these things. And if you're a union member, that's cool. You got a job. But the rest of us students and people that are lay people that are coming out of high school or whatever else in this community, thanks, guys. Appreciate it.

1:09:292

Thank you, sir.

1:09:34 – 1:10:0235

How are you all doing today? I'm back. Aaron Brown. I am a local San Marcos resident since thousand and fifteen, technically. I actually was not prepared to speak to you tonight, but I'm gonna speak to you because I've been against the status center from the start. We've already voted this down once. Right? We've already forced it into a super majority up at city council once. Why we're even back here? That's rules.

1:10:03 – 1:10:3535

Now where do we go from here? The only cause the only course you have from here is the same course you had ten months ago. Bring it back up to city council with the super majority vote, and let city council say yes or no. Here's the points that everybody keeps bringing up. I'm talking about jobs. Right now, we're talking about short term jobs. We're talking about building jobs. Yes. It is going to help these these men and women exponentially grow themselves throughout the coming years. Is that going to keep sustainable jobs in San Marcos?

1:10:37 – 1:11:2235

We don't know because we still have not gotten a decent figure on 50 or a 100 jobs or 200 jobs as far as I know. I'm I'm coming back to this after a couple of months off. So when we talk about jobs, are we really creating jobs? Maybe. Are we creating the high paying jobs that are needed in this town? Maybe. When it comes down to it, it is up to y'all to decide whether we're going to look at the finances of this versus what the city is telling you because this is the city out here. Yes. It is a lot of young folks. I I agree. It is a lot of young folks, and I normally don't stand on the same side as many of the people out here, but I am right now because I believe that this data center is wrong for San Marcos.

1:11:22 – 1:11:492

Thank you, sir. Real quick, we'll go. Caden Kennedy, I might have missed you. Caden Kennedy, if you want to come to the podium. Okay. We'll switch over to everybody that's online right now, and we'll come back, and we'll let other people speak in the chambers.

1:11:49 – 1:12:040

Chair, just may note that the one person we had signed up online doesn't appear to be on right now. Those that are online now are signed up for the actual the other items coming up related to the data center when we go to the public hearing portions.

1:12:042

Thank you. Anybody else in the chamber wish to speak? Ma'am, would you like to speak?

1:12:0812

Yes, I would like to speak. I thought I might have been the one who signed up online. Well,

1:12:132

you're here now, so we'll just take your name, and you've got three minutes. Yes, ma'am.

1:12:17 – 1:13:0112

My name is Tina Fleming. I'm a San Marcos resident. Last month, a letter was sent to Congress calling for a full nationwide moratorium on the approval and construction of data centers. The petition was signed by more than two thirty national, state, and local organizations from across the country and called for a full nationwide moratorium on the approval and construction of new data centers. The massive harms from AI data centers include enormous electricity consumption, unsustainable water consumption, and acceleration of climate change due to their reliance on fossil fuels, skyrocketing electricity costs, and extensive job losses.

1:13:01 – 1:13:5812

That's actually the ambition of artificial intelligence is through efficiency to replace and to get rid of jobs and therefore increase their profits. In Texas, the signatories include, among others, climate conversation, Brazoria County, and Texas physicians for social responsibility. It is frustrating to see the relentless push the city is making towards pursuing this type of industry. It feels as if the city is not only indifferent to the voice of her citizens, but also detached from the entire socioeconomic and environmental reality our world is facing. The presentations made by city staff have gleefully talked about negligible concessions concessions restrictive covenants that do not address the core issues.

1:13:59 – 1:14:4712

The the water consumption that is referred to is only on-site. It's ignoring the the water energy nexus, and most of the water consumption is through energy production or fracking to obtain the fossil fuels. People I I appreciate that people have a right to earn a living and the construction people that are here today, but mister Mayberry does not have any say over whether we use local construction or not. He's a real estate developer. The whoever is running the whoever in charge of building a data center is not here today.

1:14:47 – 1:15:2112

So we do not know. Also, data centers are moving towards modular construction, some of them. That word modular is being thrown a lot around a lot. I heard it was being used in terms of electricity generation. There are also SMR, small modular reactors, which are pop up nuclear reactors that are being pursued. They're being perfected right now. And a lot of data centers, they cannot meet their energy needs even through fossil fuels, are planning ongoing nuclear. Thank you.

1:15:222

Thank you, ma'am.

1:15:2636

I signed up to speak during public comment, but my name hasn't been called.

1:15:312

I apologize.

1:15:32 – 1:16:0736

It's Okay. It's It's Okay. Abigail Lindsay, 308 Valley Acres Drive, New Braunfels, Texas. That is in Hays County. I live about a mile as the crow flies from the site. I was not paid to be here. It's become harder and harder to come up and say the same things about agenda items four and five. I feel at this point, if you are not committed to voting against these items, nothing will persuade you. Last year, eight of you voted against the preferred scenario amendment and zoning change for September. I will hope you will do the same tonight.

1:16:07 – 1:16:5136

The newest version of the San Marcos comprehensive plan was adopted in October 2024. The preferred scenario amendment and zoning request by Highlander began in November 2024, one month after the release of the comprehensive plan. Your job is to guide growth based on principles set forth in the comprehensive plan, which is ensuring the conservation cluster category includes areas that should be held off on developing. Highlander received accommodation for a 136 acres by PSA from conservation cluster to CD two point two two point five to build single family homes. Not being happy with that business decision does not mean a year later, our city staff, city council members, PNZ members, the community have to bear the burden of correcting it for him.

1:16:51 – 1:17:2736

Concern over people living next to a power plant is understandable. But if people chose to buy homes there, they are making a choice based on all available information. Current residents never had that option. We were already living there before the power plant went in. I don't know how we can make it more more obvious that we don't want this request approved. The city has no obligation to make this change. I assure you the money will come from other businesses that will not put such a burden on the residents. There's a new HEB and a Buc ee's coming, which will bring in millions. The city will not see the full tax revenue potentially for at least three years from this project. How do the buildings depreciate?

1:17:27 – 1:17:5736

Also, whoever owns that land will protest those taxes. Cyrus Run and San Antonio protest their taxes every year. The restricted covenants is only as good as it is enforceable, and there is still a lot of questions on how and who will be enforcing it and how much money it will cost the city. With all this information out there and so many of us speaking out against this, against items four and five, please listen and vote against this. One thing I wanna point out is that all of our electricity rates will go up, and that is a fact.

1:17:57 – 1:18:2736

And anyone who says that it won't has been paid to say that or is out and out lying to you. Cloudburst has broken ground, and it's horrible. The security cameras and alarms that go off all the time because of the wildlife walking by, the land clearing has started, and I am sick. It is devastating already what's happening across the road for me. Don't make it 10 times worth 10 times worth allowing another one.

1:18:27 – 1:19:0236

Each and every day, I drive by Cloudburst, and I will be driving by Highlander to drive my son to school. And he's gonna have to go by at least two data centers, maybe three, maybe four. Once was beautiful land is just being destroyed at an alarming rate. Cloudburst has already messed up on their permits. I've already reported them, and yet still nothing's being done. Please don't allow another one to take place. If you don't believe me, please drive out there. You can look and see what they've done already. It's horrible. Alarms go off at two or three in the morning, wake us up inside with the AC on, the windows closed.

1:19:02 – 1:19:2536

They don't care. There's been no communication. It's horrible, and it's only gonna get worse. And there is a rumor that Cloudburst has bought more land, and they plan to expand. Please don't do this. Y'all voted against it once. You can do it again. And once again, I wasn't paid to be here, and the people that are speaking for this, most of them have been paid. Thank you.

1:19:25 – 1:19:372

Thank you, miss Lindsey. I checked our packet. Your name won't be overlooked again, So thank you very much. Anyone else who wants to come to the podium, you may please just state your name. And we have three minutes.

1:19:42 – 1:20:2512

Appreciate the chance to be heard. My name is Carmen Rumwout, and I live in senior apartments on South Stagecoach Trail. I'm not a wealthy, powerful member of the San Marcos community, but I hope that how these data centers will affect me and others at my level is still of interest. I've heard some of the problems caused by data centers, that they're noisy, they create light pollution, use tremendous amounts of water and electricity, leading to scarcity and higher prices. They're not a real source of long term jobs other than the building part.

1:20:25 – 1:21:0112

And I'm glad that they're willing to use union. But I will focus on what doesn't seem so obvious, other than those. These data centers are apparently driven by the AI bubble, the artificial intelligence push in the financial markets. I personally like the idea of AI. But at this point in its development, it is an amorphous idea with speculative funding.

1:21:02 – 1:21:4212

It's hot. AI stocks have skyrocketed in recent years, a looming bubble that will burst like the .coms of the '90s, if you are around then. My hunch is that builders are starting without complete payment, that owners are in over their head in debt, and that the expected results won't be known for at least another year. They will run out of cash flow and fund it by debt. In capitalism, the stock markets, in speculative investments, are big winners and big losers.

1:21:42 – 1:22:2212

And I don't want San Marcos to be a big loser. I would rather wait a year and see whether the predictions are true. If there can be data centers built that don't suck up the water and increase the price of water and electricity in the surroundings. I think there'll be plenty of money and interest for these investments. But we won't have to gamble with San Marcos, our businesses, the real estate, the protection of our lands and water, and the unimportant people like me who will pay an increase in water and electricity.

1:22:2212

I suggest we wait. Just wait a year. By then, you'll have sufficient information on which to make this decision. Thank you.

1:22:302

Thank you, ma'am.

1:22:34 – 1:23:0937

Mary Littlefield Devine. I live at 2545 York Creek Road, New Braunfels, Hays County, and my back gate is at 1470 Francis Harris, very close to the proposed data center. I am here to oppose agenda items four and five. I'm also here to express my concern that mister Mayberry was told that he had to wait to come back for a year, and we're we're back already. And I don't know how to go up the chain of command to find out what it takes to oppose that or why it was allowed.

1:23:09 – 1:23:3737

I do appreciate the idea of in industry hiring union labor. My father was in various unions and the secretary of his union when I was growing up. However, in the state of Texas, the trades are regulated by TDLR. And their landmark, a hallmark slogan is transparency and accountability. And I feel that we're not seeing that here at the meeting.

1:23:38 – 1:24:1537

And the reason that I feel that way is because I came to essentially all of the meetings last year that were related to the data center. And I heard Mr. Mayberry and his paid representatives coming in and making pie in the sky statements that were not evidence based and were not factual, promising technology and industry that doesn't actually yet exist as if they can still yet execute and deliver this in our community with no risk to us. It is nonsense. It's a form of gaslighting.

1:24:15 – 1:25:0737

I feel like we're being gaslit again. It's a manipulative mind control kind of a thing that interferes with our normal thought processes to be told that things can occur in a certain way that's not scientifically possible and that developers don't need to follow the rules and that the local government also doesn't need to follow the rules. I'm concerned also because data centers in and of themselves are associated with an increase in cognitive dissonance, and that's what we have on the rise here at these meetings every time. I urge you to vote against these agenda items, preserve our quality of life and our way of life as farmers and ranchers in that rural corridor conservation community where our livelihoods should not be sacrificed for another person's livelihood. And if mister Mayberry wants to hire the union, I support that.

1:25:0737

He could put in his housing development and there would be a lot of jobs. Thank you.

1:25:112

Thank you.

1:25:17 – 1:25:5438

Hello. My name is Sel Vasquez. I'm a graduate of San Marcus High School as well as Texas State University. San Marcus is the only home I've ever known. When my younger brother died, I gathered three vials of water from headwaters and I placed one in his casket. I could never imagine that I would have to place another one in my mother's casket so soon after. I did that as a representation of ever lasting life. Time and time again, I returned to these waters for peace. The current runs through me the way my mother's love once did. It is the only thing that keeps me connected to her.

1:25:54 – 1:26:1838

Well, that and music. She really loved to dance and sing. Her name was Luisa Vasquez. And she showed me how to swim at Lions Club, how to remain fearless against the current. Please save these waters. I want more mothers to be able to teach their children how to swim here like they have for the past over eleven thousand years. Thank you.

1:26:182

Thank you.

1:26:28 – 1:26:4539

Excuse me. Crispy Polanco. I honestly I don't know if I have anything that I could say right now that hasn't already been said tonight. Somebody even already talked about the AI bubble. That might have been the only new thing I had.

1:26:45 – 1:27:1439

Thanks a lot. I guess I'm up here because I just didn't wanna feel left out. But I'm not even really against data centers in general. As a blind person, I use data tools and AI tools that help me get through day to day life all the time. I just think data centers need to be built responsibly and in areas that can sustain them, and this is not one of those areas.

1:27:15 – 1:28:0639

And, honestly, as a socialist in our current system, there's no it's not possible to build them responsibly and sustainably when profit is the pure motive. And somebody mentioned that we're representing a vocal minority. We're the vocal minority of a silenced majority, silenced by jobs that keep them a slave to working hours and wages that they need just to survive because capitalism does not recognize the right to live. And then, yeah, this is just gonna keep being a little bit disjointed. There's the AI bubble where you're not gonna see a lot of revenue from the data center due to tax abatements.

1:28:07 – 1:28:5939

Data centers tend to add only have a life cycle of about ten years, between that, they add a bubble. There's no benefit to this. So to all the tradespeople that are talking about all benefit to everything, like, if you're willing to pay the high cost of the water, the power, and everything else just to enrich yourself, then you don't actually care about this community, point blank. I'm just gonna go ahead and just have a little fun with this, conduct a little experiment, and I hope my friends and neighbors outside don't let me down because this might be embarrassing if it doesn't go my way. But if anybody here wants to see this data center die and die permanently, like it should have died several months ago.

1:29:01 – 1:29:1239

When I ran for city council this last time, made up a wolf character, El Lobo Siego, the blind wolf. Why don't you guys just show a little disrespect for my time and give me a big wolf howl?

1:29:242

I've never got to use that before, and so I'm excited that I was able to. Thank you for the opportunity. If you please state your name your name only, we have three minutes.

1:29:33 – 1:29:4840

Absolutely. My name is Barbara Hinkson. I am a paraprofessional, a special education educator at the Kyle Elementary. I'm a resident of San Marcus. Something that I wanna mention that I haven't heard anybody else mention, something that really upset me when I learned it.

1:29:48 – 1:30:2240

When I was a child, they told us that 3% of the water on Earth was drinkable. Our children today, your children today, are learning that only 2% of it is drinkable, and that is being used currently to handle our data centers. Houston Advanced Research Center shows that existing data centers approximately consume 25,000,000,000 gallons of water. That was the estimate for 2025. We are already on drought watches and do rolling blackouts for energy conservation, and I live right next to the new Buckeys that's being built, actually.

1:30:22 – 1:31:0540

I watched animals who have been forced from their homes die on the busy and dark road of post road on the back where there's no street lights or anything. So I I've seen a lot of the what's happened to our environment when animals are displaced, when we see things being built that don't necessarily need to be built. I asked the question because a lot of people have mentioned the jobs. Is your job worth the soul of our community? And I asked, what is the use of health care to children who are dying of thirst and to doctors who can no longer wash their hands?

1:31:0740

Morality begs you to please, hear our please, listen to your citizens, to your children, and say no to the data centers. Thank you.

1:31:142

Thank you.

1:31:19 – 1:31:4741

Evening, mister chairman, ladies and gentlemen. My name is Peter Bain, and although I'm not a resident of the city, I am in the ETJ. I'm in SMC ISD, and I have had the 78666 mark of the beast ZIP code for the last fifty five years. So thank you very much for allowing us free parking and access to our parks most recent. I know that's Parks and Rec, but a lot has changed since I committed to attend then SWT in 1969.

1:31:48 – 1:32:1841

Our small college town's gotten to now a world class university. Traveled all over the world growing up as well as chasing industrial business, and what we're dealing with here is not a first world issue at all. We do live north off of Post Road, so it was a neighbor that spoke. I should see her because we have enough light to light up a lot out in that neighborhood. In 1997, we enjoyed the stars at night till CFAN moved in, so light pollution is a big part of our world these days.

1:32:19 – 1:32:4241

But during that time, we're surrounded by San Marcos. And the most notable change in our neighborhood is the transition from the Blanco River to what now should be more accurately defined as the Blanco Gulch. And so as a correction to barrister Charles Secting, there's not three inches of water there. Charles, there's nothing. After a six inch rain, we barely get any water over the dam at all.

1:32:43 – 1:33:4541

The county water projects like the Alliance Water Treatment of the Carrizo Wilcox Resources desalination projects that are gonna be bringing fresh water up in our lifetimes quite likely are very real. One of the things that I'm very hopeful of though is that we're at the task here of comparing a data center investment with 500 new homes in that same piece of property. Homes that will be consumers of water, of power, of road maintenance, police, and fire costs, and additional light pollution. And so the new Buc ee's, yes, it is a new business, and it will be contributing more to the light pollution as well as the the moon towers or whatever we may call those. But we have there in in our area, Griffith Ford, Red Simon, CFAN, United Technology, over a million square feet of the Amazon warehouse, which is dwarfed by all the rest of the millions of square feet of workers there.

1:33:45 – 1:34:0841

A new CarMax, a steel Hyundai. We also have the proposed Poco Loco that's going on up there. We got a lot going on north of town. So what we have here is the the latest thing which we will enjoy, or I I say that tongue in cheek, is a new Casada tiny homes. Tiny homes, for those that don't know, are mobile homes ain't got no wheels.

1:34:08 – 1:34:3241

But what they do have is another 300 automobiles that'll be on post road, and that's gonna make it more challenging. The growth of our community is because more than just the people that are here love the community. But the growth of the communities needs to be sustained by the investments. And so I would encourage you to invest in those and vote for the four and five. Thank you very much, ladies and gentlemen. Thank you, sir.

1:34:36 – 1:34:4742

Hello. My name is Abby Wetzel. I'm at 1717 Quail Run, San Marcos. This year marks twenty years in San Marcos. I feel like I'm having deja vu.

1:34:47 – 1:35:2442

Here we all are, back at planning and zoning, talking about a matter that has already been debated and the public has overwhelmingly said no to. Should the preferred scenario map be changed from conservation cluster to commercial employment low for the property on Francis Harris Lane, and should the zoning be changed from future development to light industrial. As a citizen that lives five miles away from this property, I say no. The preferred use map was decided on as part of the comprehensive plan only fifteen months ago in October 2024. It took two years of public input to decide upon this plan, which is supposed to be in place for the next ten to twenty years.

1:35:24 – 1:36:0442

We all know that developer, mister Mayberry, plans to build a massive data center on the property and that these data centers guzzle water, use copious amounts of electricity that raise citizens utility bills, and cause greenhouse gas pollution, light pollution, and destroy wildlife habitat. As the data center boom is upon us, citizens around the nation are coming to realize that data centers should not be built near near where people live. I urge you to look in the effect into the effects that are being documented around the nation. Look at Memphis, Tennessee, Newton County, Georgia, Colton County, South Carolina, and Dallas, Texas here in our own home state. Data centers belong in their own zoning category and is not light industrial.

1:36:04 – 1:36:4842

If you take a dive into the effects of data centers on their environment, you will see that they belong in a heavy industrial zone, not near where there are established communities. Please listen to the community and vote against the changes to the preferred use map and zoning. The former former planning and zoning committee and the former city council members have already said no to these changes. I really don't understand why we have to keep fighting so hard for something that benefits a few at the cost of many. And some notes that I took while everyone else has been talking. In terms of the families putting down roots, those roots will need water to grow. We need to protect our water resources. In terms of the new jobs, mister Barry Mayberry said he said 50 jobs. That is not that many jobs. Our water is more important than that.

1:36:4842

And please don't listen to the people. Mister Mayberry had to desperately call in for help. Listen to the people that live here. Thank you.

1:36:562

Thank you.

1:37:01 – 1:37:4528

Good evening, mister chairman, commissioners. My name is Mike Camerlander. I'm the president of the Hayes Caldwell Economic Development Partnership, and I'm paid by the city of San Marcos and Hayes County and other municipalities throughout these two counties to be here. When we think about recruiting advanced manufacturing, it's important to recognize the foundational role that data centers play in today's industrial economy. Modern manufacturing is no longer just about assembly lines. It's about automation, robotics, machine learning, and advanced supply chain integration. All these depend on secure, resilient digital infrastructure. Data centers provide three critical functions that directly influence site selection for manufacturers. They create a digital infrastructure backbone. Next generation plants run on data.

1:37:45 – 1:38:1628

From predictive maintenance and AI driven production lines to quality control through real time sensors, These systems require constant power for processing and low latency connections. A strong local data center presence ensures that manufacturers who do create thousands of jobs, good paying jobs, can operate efficiently and scale with confidence. They provide reliability and redundancy. They really do. Everything that was said earlier from an actual expert on power and how that works is right.

1:38:16 – 1:38:3928

They manufacturers evaluate communities about risk. They know they need to know about downtime, and then it won't happen. Data centers bring redundant power systems, robust power fiber connectivity, and built in cybersecurity. They also provide an ecosystem multiplier. While data centers themselves employ highly skilled technicians and engineers, their greater impact comes from enabling the attraction of manufacturing, as I mentioned.

1:38:40 – 1:39:2128

A single advanced manufacturing facility may employ hundreds of thousands of workers. The presence of data centers signals that this community is equipped for Industry four point o, which directly increases our competitiveness in national and global recruitment efforts. In short, data centers are not isolated facilities. They're economic infrastructure. Just as highways and railroads power twentieth century industry, data centers power twenty first century manufacturing. By supporting data center growth, we strengthen our ability to attract next generation employers and create highways jobs. We do not recruit data centers. The partnership does not do that. They are coming here and and because of our infrastructure that exists. No new power plants are being built for this data center.

1:39:21 – 1:39:3828

It'll use existing electrons on the grid. And it will be it'll be built, hopefully here in San Marcos where it can be regulated, watched, and controlled as well as get tax benefits. That is the point of economic development. Thank you.

1:39:382

Thank you, sir.

1:39:42 – 1:39:5643

Hi. My name is Elizabeth Riley. I am a twenty five year resident of San Marcos, and I did not plan to speak tonight. You know, I want to speak, so I'm off the cuff, and you'll excuse me. I want to speak to the gentleman who was before me.

1:39:57 – 1:40:2843

They're coming here to benefit from our infrastructure without paying for it. They want to pollute our community and have a vested monetary interest where the only interest for all of the people who are here speaking and against the status center tonight have the interest of living in this community instead of just making money from it. And I want to say this. I am a mother in this community. I left two of my children at home.

1:40:28 – 1:40:5443

I am missing their bedtime. There is not a small minority who are against this AI data center. There is a small minority of people who can clear their schedules to come to a meeting at 6PM after a full day of work. There is not one single committee member community member that I have spoken to that is interested in this data center whatsoever. And the proposition that they've offered is, let us build it here, and we'll play by the rules.

1:40:54 – 1:41:2743

We'll we'll build it whether you like it or not. And that is not exactly the building blocks for a good economic or community project. And I just cannot believe that we are here again having the same conversation when this committee has spoken, the community has spoken, everybody has spoken. And the only people who seem interested in the comments for the community are the people who directly benefit monetarily from it. They don't care that we're here speaking against it.

1:41:27 – 1:41:5643

They want to develop us against our will. And that is just completely inappropriate. I don't seem be to see my clock, so I just want to say that there are more community members that are against this and are for it. And this is local government. And we should listen to the local people who are speaking up rather than the huge financial people who have a vested interest in it. Thank you.

1:41:562

Thank you.

1:42:0144

Hello. My name is Samantha Charbonneau. My voice might be shaky. I'm very

1:42:04 – 1:42:4145

nervous to speak tonight. I am a lifelong resident of Central Texas and a recent graduate University with a degree in international studies with a concentration in Europe. I am reacting specifically to the Construction Labor Union and others in support of the data center who say that if these jobs are such steady, reliable jobs that are similar to the ones that they were able to build their careers on, that they have been able to have in these past decades first of all, where did those jobs go? There's still the university here, anyway. Sorry.

1:42:42 – 1:43:2045

If there are such stable, reliable jobs, where were they ten years ago? We didn't have to have them ten years ago. The demand for the monumental processing of data was not here ten years ago. We didn't have AI companies trying to get into our personal, professional, academic lives. We didn't have social media trying to consume our consumption habits in order to manipulate us, in order to buy more things, in order to do what they want us to do.

1:43:23 – 1:44:0145

All of the issues that we think about, that we talk about now of internet and data and social media and AI ruining the futures of our kids, ruining everything for that. And there are so many ethical, economic, and environmental reasons not to do the data center just physically. But then there is the social aspect of what the data center will do. The only people profiting from this are those at the top that are akin to the robber barons, the railroad barons that complain of children with coal in their lungs in the nineteenth century. It's military men going it's military men sending representatives into the Appalachian Mountains saying, we have stable reliable jobs at a nuclear factory.

1:44:01 – 1:44:3145

We have this factory job for you and you'll be able to have a pension for all of the years of your life completely ignoring the doctors that afterwards wonder why the rates of cancer go up in every person who eats, drinks, breathes anything in the area. And so that's not the question we have to ask now. It is the question of what will we breathe? Where will the food that we eat be grown? What water will grow it? How are we gonna have a future that these jobs will apparently provide for? That is all I have to say. Thank you.

1:44:312

Thank you.

1:44:39 – 1:45:2446

Sorry, I'm a little short. Hi. My name is Adrian Montoya. I'm a resident of San Marcos. I just wanted to illuminate the commission on a few different facts. First of all, KUT reported last year that at the rate we're going, San Marcos will not be able to meet municipal water demands by 2047. That's in two decades. I'm a graduate student at Texas State where I'm studying historical water use, and I'm surrounded constantly by researchers who specialize in water management. And a scary reality that I want to communicate to you from what I hear from my colleagues is that our existing projections that predict water demand are based on old data, which is based on even older projections. So that 02/1947 I mentioned is almost certainly inaccurate, and we actually have fewer years between now and serious water scarcity time.

1:45:25 – 1:46:0246

But I shouldn't need to be a water researcher for you to take what I'm saying seriously. I'm a human made up of roughly 60% water, as are you, as is everyone else here in this building that is sitting on land where water has been disappearing from the ground for the last few decades. Thirteen thousand years, the San Marcos Springs have flowed from the bedrock beneath us. This region holds the title as the oldest continually occupied place in North America because of our springs that have never dried up. We exist in the blink of our springs ancient eyes and as stewards of this stolen indigenous land, we have the power to extinguish that title within this blink.

1:46:03 – 1:46:2346

Is this city going to be the one responsible to do that? I really hope not. And as a side note, though I am always a supporter of union jobs, just because they offer union contract to build the Death Star does not mean we need to build the Death Star. So thank you to those who are standing outside. This is the most packed I've ever seen city hall. Do not give up hope. The data center rebellion is here. It is coming. It's a long fight, we must continue holding the line. I love you, San Marcos. Thank you.

1:46:232

Thank you. Good

1:46:28 – 1:47:1047

evening, commissioners. My name is Matthew Gonzales. I am the business manager of Laborers Local ten ninety five. We cover 93,000 square miles in Central Southwest Texas with San Marcos being in the heart of it. We represent over a thousand members within our jurisdiction. And right here in San Marcos, we have a union signatory contractor that does underground utilities where they employ at least 25 of our members. So we do have a local presence. We have had a local presence. I want to, before I go further, state that I am not paid to be here. I am here not for my own benefit, but for the benefit that our organization offers communities across this country.

1:47:11 – 1:47:4047

Those opportunities result in higher wages and better benefits. As one of my colleagues said earlier, we have a written commitment from the developer that if this moves forward, it will be done union. What that equates to is a starting hourly rate of $25.90 an hour for journeyman laborers on the job. For entry level first period apprentice, that equates to $23.31 an hour. A first period apprentice has little to no experience in construction.

1:47:40 – 1:48:4047

So imagine, you're a fresh graduate from high school or a young adult who has no direction and you choose to pursue construction, that's a great starting rate. By the way, these positions come with employer paid medical insurance that covers the entire family, life insurance, pension for retirement, Department of Labor registered training that that allows them to skill up and develop in progress both personally and professionally. I'm very respectful of the different perspectives that are voiced here tonight, and those who I communicated with in our last visit several months ago. It was an eye opener to see the passion and the dedication that the residents bring here today. But this is an opportunity for you as a commission to vote in favor of extending those opportunities to the men and women who work in construction or will work in construction from this community.

1:48:4047

Thank you.

1:48:412

Thank you, sir.

1:48:46 – 1:49:2348

Good evening. My name is Jasmine Castellanos. I'm a new resident of San Marcos. But I grew up swimming in the San Marcos River because I lived in Martindale for a number of years. I have a stepfather who's been a professor at the university for twenty five years. My mom is a small business owner here. They live in San Marcos, and now so do I. They weren't able to make it tonight because they're caring for my grandfather who's recovering from surgery. Otherwise, they'd be here. And I think that a lot of people who are here tonight probably know loved ones and others who would like to be here but can't.

1:49:23 – 1:50:0648

This is not a minority. This this is is a group of people who is able to show up out of a majority, I think, of the residents of this city. I wasn't prepared to speak tonight, especially after all the comments already made. I feel like I don't have a whole lot left to add, so I'm speaking off the cuff. But I'd like to say that I believe that San Marxist is a community that depends on the water resources, not only to live and to sustain our community, but also because that is, like, the lifeblood of our culture.

1:50:06 – 1:50:5148

It's the reason why people move here. It's the reason why people stay here. I gained confidence swimming in the San Marcos River as a young girl, and I hope to continue to call San Marcos and Central Texas home for many, many years. Frankly, our region does not have the water resources to sustain a data center like this and the many more that will follow if we allow this one to proceed to be built. I oppose this, and I urge you to do the same. Thank you so much for your time. And thank you to everyone who has dedicated their entire evenings and probably preparation time and much time over the past year to opposing this data center.

1:50:512

you. Thank you.

1:50:58 – 1:51:2450

Good evening, City Council. My name is Randy. I'm not a native San Martian, but I am a native Texan. I grew up here coming to the different rivers in Central Texas from here in San Marcos, New Braunfels, Rio River, etcetera. And since I've moved out here, I've noticed a difference in the low how low the water in the river has gone.

1:51:24 – 1:52:0850

Last time I came up to speak to you guys about that, I talked about how when I go the notice of when I go tubing is that the rocks will, in the Lions Club area, have hit my butt. And then I've gotten bruises on my butt. So it's really annoying, especially after a day of tubing and drinking, to get up just to walk so I can get into some water to where I can continue to float down. But I'm just here with the majority of the people that are out here in opposition of these data centers being built. Because as everybody else has stated, it's doing no service.

1:52:10 – 1:52:5450

Service. It's doing harm. And for as long as I am going to be a Texas resident, I'm here to fight to keep Texas beautiful, to keep our waters, to keep our land, and all that beautiful. While job opportunities sound like a good thing, I would like to see that instead of something like this data center being built, that if the city of San Marcos and the residents here, if we can come up with job opportunities that are more of a solution to protect our environment and protect our waters. And I would like to see San Marcos be a leading city to do something like that.

1:52:5450

That's all I wanted to say to you guys. Thank you so much for giving me the time to speak up.

1:52:592

Thank you very much.

1:53:05 – 1:53:2251

I'm just going to have a timer so I know what's going on with the time. Thank you for your patience. My name is I go by Ariel. My name is Shelby, though. I've been living in Central Texas my whole life.

1:53:22 – 1:53:5751

I have family from Austin all the way to San Antonio. And something we all share is our water comes from the aquifer. Each one of these springs is fed by this aquifer. And I ask if you have already closed your hearts and ears because there's so many different passionate views. Open them once more to the pain that all of our of all of our relatives are experiencing, those out on that land already who are seeing the harm, those crying here for the water, the mothers who want their daughters and sons to touch this water.

1:53:57 – 1:54:2551

You and I don't have to be scientists to know that we we will die without clean water. Not only the water, but the air. Not only the air, but the invisible magnetic things that are going through this room, each other right now that we know cause cancer, cause disease, cause harm. And so I'm asking you, please, say no to this data center. Give more jobs to your communities through more sustainable practices.

1:54:25 – 1:55:0451

Y'all make so much money through all the people that come here every year to float on this water and look at it and take pictures of the beauty of San Marcos. Do not be part of the legacy that spoils it. That water has been prayed over for thousands and thousands of years, my ancestor, Edward Burleson, wherever he was in his space, he was part of that dam. That before that was Ocarina Dam, that was Edward Burleson Dam. And while he made harm on the native communities, he that dam kept that water, and we have the only sacred wild rice in Texas.

1:55:05 – 1:55:3751

Only in clean waters can this grow. There have been this what this this good medicine in all of these waters. And so we need each other as cities to gather and protect our water, our energy, and give real true jobs to our unions. Why aren't we making more money and being able to live? Why do we have to fight for a 100 people to make that money when there's thousands of people are gonna lose out on water, on their life, on their peace?

1:55:38 – 1:56:2151

That's not worth it. That will never be worth it. Thank you. Thank you for hearing me. Thank you for letting it touch your heart and just know money will never feed us. When money is gone, we will be here, the water will be here, our ancestors will be here. And we all came from ancestors who care about the earth, who know that God made not only us, but each green thing, each living being that is relying on this water. There are better ways. There are more ways that we can come together, make great money, and not be a harm to each other. Thank you.

1:56:212

Thank you.

1:56:2648

Hi. Good evening. Thank you

1:56:28 – 1:57:0352

for the opportunity to speak. My name is Doctor. Kristen Hook, and I am a scientist. I have a PhD in animal behavior, and I'm actually running for Congress in our district in the 21st Congressional District Of Texas. But most importantly, I'm a new resident of San Marcos. And the scientific evidence of data centers is clear. They pollute our water. They pollute our air. They are a public health nuisance. They lead to sound that is a nuisance for residents.

1:57:03 – 1:57:3952

And in terms of the public health costs, which are estimated across the country to be in the range of 6,000,000,000 to $9,000,000,000 in public health costs, I ask you and this body, what about those one in five Texans who don't have access to health care? What are those Texans going to do? What are those San Marcos residents going to do? We also know that these data centers, as so many others have spoken before me and pointed out, are water guzzlers. And I actually looked at the data earlier from the water sources that we have.

1:57:39 – 1:58:0652

By my estimates, it looks like we're looking at competing for 20% to 30% of the water in San Marcos with these AI centers. Residents shouldn't have to compete with AI computing centers for water. This is a very precious resource that we need to protect. And as to the issue with jobs, we know that AI data centers don't create jobs. They destroy them.

1:58:07 – 1:58:3052

AI is going to take and replace millions and millions and millions of jobs in our country. And this data center is going to help do that. So I ask this body, who do you work for? Is it the billionaires who are going to benefit from these systems, or is it the residents that are going to be harmed by them? Thank you.

1:58:302

Thank you.

1:58:36 – 1:59:0753

Hi. My name is Jacob Allen. I'm gonna make this short. I wasn't prepared to speak today, but I wanted my voice to be heard. There are just a few things I wanted to reiterate. One, I'm not paid to be here. I showed up on my own free will. Two, there are a lot of people outside that are on my side, and we're all in this together. And the people that didn't show up couldn't show up for other reasons such as work, or they were unaware that it was happening tonight. The big thing that I wanna say is that I've been an avid outdoorsman my entire life.

1:59:07 – 1:59:3353

I love the outdoors. I love nature. I love this state. And I just wanna see I wanna see my children and my children's children continue to love and respect that space the way that I have. So I I beg y'all, please make the right choice, and please make decisions that are going to benefit us in the long run rather than than just a few people in the short term. Thank you.

1:59:332

Thank you.

1:59:37 – 2:00:1654

Hi. I'm Amber Craveld. I've lived in San Marcos for eleven years. I own a home here. I have three children in the schools here. I pay taxes here. I've shopped small businesses here. I work at a small business here. And so I'm very invested in this community. And one of the things that makes this community worth being invested in is that we have a commitment to green spaces and to the environment. I'm also a biologist. I care very deeply about San Marcos and its green spaces. And you have a choice represent your constituents or to represent those people who don't live here.

2:00:172

Thank you.

2:00:21 – 2:00:4255

Hi there. My name is Sarah Wingfield. I wasn't prepared to speak today, but I scribbled a few things down. I'd like to support all of the folks that have come before me that are also fellow San Martians that feel the same way that I do. But first and foremost, I'd like to speak to you briefly as a former Bostonite, born and raised.

2:00:42 – 2:01:1155

I was disappointed to see how my city, my beautiful, weird city was taken over by technology. I watched that beautiful community lose its wonderful weirdness. And as a transplant, the soul of this city is the minimal tech, the beautiful spaces, and the care for the community members. As a transplant, I found the soul here that is now missing in my hometown. It's carried by the water.

2:01:11 – 2:01:3755

It's carried by the people. The people have spoken. And not just with feeling, but with data and research to support their claims. As a new community member in love with this town, I may not know much about water but I am employed by the water and my colleagues are water and ecology experts. I like to think in my role that I help them speak for the water the way the Lorax speaks for trees.

2:01:38 – 2:02:0155

The data centers are not ready for San Marcos. They're not efficient enough resources to keep this town as beautiful as it is. The community members have spoken, and at this point, I do believe that it is a little bit wasteful to continually come back to this topic. I thank you for your time and for listening to each and every one of us.

2:02:012

Thank you.

2:02:06 – 2:02:4356

Hi, good evening. My name is Amy Oliveri. I am a resident of San Marcos. And I've loved San Marcos since I first moved here for my undergrad in 2016. I'm a natural resource specialist by trade and a grad student at Texas State now. I I'm so sorry. I grew up playing outside, and I really cherish the outdoors. My whole career has been connecting people with the outdoors. And growing up, my mother was very Catholic. And there's one thing that's really ingrained in me, and that's to love thy neighbor.

2:02:45 – 2:03:0056

Water is life, and this community is the most important thing that we have. We all know that this is not environmentally sustainable, and this data center is not in our best interest. I plead with you to listen to your community here, and please love thy neighbor and say no to this data center. Center.

2:03:012

Thank you.

2:03:07 – 2:03:289

Hello, everyone. I'm Ben Aguayo. I've lived in San Marcos for most of my life and graduated from San Marcos High School. I currently go to UT Austin for mechanical engineering. And as someone who grew up low income and had a father who was a union member and has family that mostly worked in construction, I understand the union members saying that they want to have this project so that they can have jobs and have benefits.

2:03:28 – 2:03:589

But I want them to understand that a lot of there's a lot of stuff that the blue collar folk don't tend to see, which is that AI is a speculative bubble with a lot of essential funding. As in if you just look at the .com bubble, nothing that they're saying is actually promise. Those benefits, those higher wages are just a carry on a stick that are leading you off a cliff. So I kind of want to plead to the union members to reconsider their position and think, hey, am I actually going to benefit from this? Or am I just a pawn in someone's get rich quick scheme? So I just kind of want to leave that out there.

2:03:582

Thank you very much. My

2:04:03 – 2:04:2757

name is CJ Satina. I've been a resident of San Marcos since 2019 when I transferred to Texas State. And I graduated back in 2022 because I fell in love with community of San Marcos, and community is what we're seeing outside. We're seeing so many new faces. I'm always here at city councils heckling about whatever hot button issue is going on, but the fact that we have so many new faces speaks to democracy.

2:04:28 – 2:04:5757

And it's kind of ignorant, in my opinion, that we're wanting to listen to the voice of a minority of folks that don't even live here. As a union member, I understand the needs and struggles of why we have so many labor people here. I'm a union member that's opposed to data centers because, I mean, as the guy in front of me spoke about, I mean, at what cost? We know AI is gonna come for so many jobs. As somebody that was struggling to find a job earlier this year, AI is the enemy.

2:04:57 – 2:05:3157

I mean, we have, I mean, new a new HB coming, a new Buc ee's. I mean, that's, I think, enough. But the fact that we are wanting to listen to 1% of folks at what cost, at the cost of the environment, the air we breathe, the water we drink, that and even the health of people. The fact that they want to they chose San Marcos and they want to build this on the historic East Side, which is mostly brown folks, that speaks to environmental racism, and we need to call that out. And the fact that they chose San Marcos really speaks to who they are.

2:05:3321

Thank you.

2:05:37 – 2:06:0749

Yep. Good afternoon, all. My name is Joshua Hill. I'm a San Marcos resident. Pretty much born and raised here. I lived here for the last twenty five years. I'm gonna throw out a couple of numbers. 09/1996, that's the number of days that the crystal clear special utility district has been in stage three drought restrictions. Another number for y'all, 30,000,000. It's the number of gallons that this data center would use over those nine hundred and ninety six days.

2:06:09 – 2:06:5249

It's not worth it. As someone who works in tech, I've spent the last twelve years in and out of data centers, you know, things ranging from tier one all the up to tier four that leverage, you know, some of the best tech that's out there, things like waterless cooling as well as a 100% renewable energy sources for some of the data centers. These people out here, these people in here, and y'all are up here. Y'all are here because y'all think that this is a special city, that we, as the residents of this town, deserve the best. I'd ask you all to ask mister Mabry if this data center is gonna be up to those standards, if it's gonna be waterless cooling, if it's gonna be a 100% renewable energy.

2:06:52 – 2:07:0549

And when he tells you no because it's not possible, it's because it's not profitable. And I ask that y'all tell him to send his bags packing, and maybe he can drop off that union guy up in Austin on his way home. Thank you all. Have a good day.

2:07:052

Thank you, sir.

2:07:09 – 2:07:5258

Hello. My name is Manuel Olaudah Granados, and I oppose any data center or any rezoning for data centers. We do not have the water for this data center. We're as the previous, San Marcos citizen said, we're in a drought three, restriction or policy for San Marcos. If you go to 5 Mile Dam, you see it's completely dry. You go to Canyon Lake. These are areas, like, right next to San Marcos. This area from San Antonio to Austin is projected to grow by 3,000,000 people by 2050. There are gonna be construction jobs. I support union workers, but there are gonna be construction jobs around here.

2:07:56 – 2:08:4058

This city is not only the people of San Marcos, but also the river. The river is a fragile ecosystem, and any AI data center, whether directly or indirectly, will affect it. Please protect our river and our people. Thank you. Thank you. Hello. My name is Marco Pena. I live in San Marcos. I oppose the data center as I believe we shouldn't destroy and hurt our community to line the pockets of a few businessmen and shareholders. These people don't live here. They don't care what will happen about how they'll drain our water, increase our utility bills. I urge you to put community over profits.

2:08:402

Thank you.

2:08:44 – 2:09:2959

Hello. My name is Athena. I am a resident of San Marcos. I have lived here for about seven years. I graduated from Texas State in environmental studies, geography, resources, and minor in horticulture. So there is not anywhere on earth I would have rather studied the environment. It is just the most perfect place on earth I could have possibly imagined or wished for to be here, and that's why I'm still here. So I'm here to strongly oppose the reintroduction of data centers to our area once again. I've come to realize that even if the data center used a couple gallons of our precious water a year, we still wouldn't want it here because of the risk. It honestly sounds crazy.

2:09:29 – 2:09:5559

Even to continue to even let us have these discussions is insulting when the decision should be obvious. I believe in November this past fall, we were around 11 or 12 inches underneath our annual rainfall rate. For some reason, crystal clear says that we're in stage three, but I'm pretty sure we should be in stage four. The other day, I was in the river and I broke down crying because I looked at my weight. I looked.

2:09:55 – 2:10:3259

I was like, woah, wait, hold on. The river is at my waist right now at Girl Scout, which is next to Rio Vista Vista. And about four years ago, I have a picture in my phone where it was up to, let's say, my rib cage, like the top of my rib cage. So, that's about a foot of water. So, I really can't imagine about four years another foot of water disappearing from the river. We don't have anything to share. We don't have the water. We don't have the resources. And I'm not really sure what time is, so I'm just going to babble for a bit. But with this being said, let's see what was it like.

2:10:32 – 2:10:5559

Oh, I was a sophomore in college. We had the freeze, so the entire grid shut down. So the idea that a data center would come here for our infrastructure is entirely unfathomable as well because it literally failed. So, don't know what sort of stance that's really perpetuated on. Also, the fact that the wild rice is here, I mean I feel like that should be a infringement on the Endangered Species Act in general.

2:10:55 – 2:11:3159

I've always wondered how this was even possible at a federal level but then, you know, we know what's going on. But, how is this how is it possible that we're able to bypass such a beautiful biodiverse place that is seriously like at risk right now like a terrifyingly low levels? How we could even fathom bringing something that would hurt it. It's honestly beyond me, including the fact that we have proposition a, which we just passed. So and as far as construction goes, I'm sure that we're gonna be bringing in some income by destroying that, the earth that we're destroying with all of the Highway 32 packaged highway lanes as well.

2:11:31 – 2:11:5059

So, it's an absolutely horrible idea and I really hope that you guys oppose it. I would love to see this place continue to flourish the way that I knew it and I came here to know it because this isn't sustainable. It's it's it's it's a lie. It's all a lie. It's not sustainable. Anyone saying that this is sustainable is wrong. Thank you.

2:11:5031

Thank you.

2:11:53 – 2:12:0560

Hey, I'm Sam. I live six minutes down the street. It took one point eight billion years for the ground we were on to form in the way that we see it. And every morning I go out for a walk, I think, wow,

2:12:0561

this is so beautiful.

2:12:06 – 2:12:2160

And I hope everyone does as well. Let's see. For two hundred thousand years, humans have Homo sapiens sapiens, that's everyone. Everyone. We've been burying our loved ones in places that we think are beautiful.

2:12:21 – 2:12:5460

And 10,000,000,000 people have died and been buried in places that hopefully were beautiful. And here, for eleven thousand years, people have been living here right here because they think it's beautiful and they want their loved ones to be born and die here. In a hundred years, everyone, all of y'all, everyone that's listening to me is gonna be dead as well in the ground. And I wanna be buried somewhere beautiful. I don't know if I'll be buried here.

2:12:56 – 2:13:0860

But I hope when you see this place and if you if you love it, that you hope that you'll be buried somewhere that is not dry and poison and somewhere that's beautiful and lush. Thank you.

2:13:11 – 2:13:5062

Hello. My name is Jordan Moser. And happy New Year. And glad to be back repeating the same exact conversation that we did last year. I guess 2025 was so great, we just wanted to repeat it again. But you know, I heard that the word of the year for 2025 was slop. So here's to slop. I love all of the intelligent people who've come up here and spoken against this this plan, this incessant insistence on infinite growth on a finite planet. I'm on a campaign to spread more new vocab words. How about AI psychosis?

2:13:5162

Look it up. But, you know, I I would love to see twenty twenty six have a new word. Okay. Let me introduce you to a new concept. It might be new to you, but it's a very old term.

2:14:02 – 2:14:4362

And it existed all over Turtle Island before colonization and it's Wendigo. As a concept, the Wendigo can apply to any person, idea, or movement infected by a corrosive drive towards self aggrandizing greed and excessive consumption, traits that slowly, that sow disharmony and destruction if left unchecked. It is easy to see American colonialism and manifest destiny as the cannibal monster that it is. Wendigos are agents of social cannibalism who know no provincial or national borders. All human cultures have been visited by shape shifting Wendigos.

2:14:44 – 2:15:2762

Nation national identity is irrelevant to this borderless horror. Today, we learned that grok is going to be used by the US military, the same LLM that is doing very heinous ethical violations of our young people and causing lots of suicides because of sexual exploitation. The creators of this technology are either quitting and sounding the alarm or making sociopathic comments in public about making fortunes off of the end of the world. Look it up. These AI CEOs are enabled by megamomaniacal billionaires to further their their Wendy go campaign of disaster capitalism at the expense of all life on Earth.

2:15:28 – 2:15:5262

We are told about the endless inevitable march of technology forward, but I really, really implore you from the bottom of my heart, each one of you, really explore in your heart and think in your mind, your intelligent mind, who benefits from this. Please, please oppose the rezoning. And let's just end this conversation because it's going to continue, but it doesn't have to be in San Marcos.

2:15:522

Thank you.

2:15:5725

My name is Haddon Stauffer. I'm an environmental science student at Texas A. The Edwards Aquifer, as it is, is already being over pumped,

2:16:074

and I think we're in

2:16:08 – 2:16:2625

a pretty bad drought right now. There are a lot of environmentally sensitive sort of recharge zones all over San Marcos, and I think more construction would just be a bad thing. Thank you.

2:16:272

Thank you.

2:16:31 – 2:16:5164

I'm Declan Stevenson. I'm a chemistry and biology student at Texas State. And I heard someone else say earlier that this was minority, but I had to wait fifteen minutes before I was even able to get in here. People are spilling out the doors. There's just so many people here that oppose this.

2:16:53 – 2:17:3864

I came here with more talking points. I've heard them all said. I think that shows how many people are here talking about this. I also heard someone else say that John Mayberry said that this was gonna create 50 jobs, but that's not true. He said he said twelve fifty until a council member pressed him on that, and he was like, well, 1,200 construction jobs, only 50, like, highest estimate permanent jobs. So I think if he was deliberately misleading on that, I'm sure there's other things he's deliberately misleading about. I think, again, my voice is super shaky. Like, I gotta really care about something to voluntarily public speak. But, yeah, that's about that's about all I got.

2:17:392

Thank you.

2:17:46 – 2:17:5965

My name is Brooke Schumacher. I live on Bishop Street. I've been a resident here since 2022. I oppose the building of a data data center in city limits not only now, but always. I am a Texas state geography major.

2:17:59 – 2:18:3465

I am educated about the realities of water scarcity. I am a civil servant for this city. I plan and hopefully will continue residency here beyond my school career depending on how things look. I grew up in Houston, and I grew up passing miles and miles of refineries all the time, seeing what technological innovation can look like. When I came here, I fell in love with the accessibility of the natural beauty of the environment and advocacy of the people to protect that environment.

2:18:34 – 2:19:0065

I understand there are complexities and logistics and livelihoods to consider. I, as a civil servant, have seen it firsthand. Consider, please, what kind of city are we building? Keep San Marcos beautiful. I just want to point out that Exxon executives knew for a very long time what was wrong with continuing to push for petroleum to be used.

2:19:01 – 2:19:3165

What is wrong that we already don't know about still? We know so many bad things about AI and data centers already, and there is definitely more that we do not know about that is being hidden from the public and will continue to be hidden from the public until terrible things happen. I started watching fallout recently. In the future, post nuclear war, their money is backed by water. I want to say, when our spring has run dry, we will not be able to drink money.

2:19:33 – 2:20:0765

Every circle I run-in, multiple circles around the city, finds this consideration appalling and does not support it. We are not a vocal minority. I also think that's a really ambitious plaque back there. There are a lot of spaces for future people. And if we are considering a data center to be built here, I highly doubt we will be able to fill all of them in the future. Yeah. The AI bubble is definitely going to collapse sometime soon. Yeah. That's it. Thank you.

2:20:07 – 2:20:182

Thank you. Sir, just one moment, please, if I could. Sam, I could ask a legal question. Am I able to take a recess right now or do we need to make sure we finish this agenda item?

2:20:2266

You may take a recess.

2:20:24 – 2:21:022

Okay, let's take a ten minute recess. Fifteen. There we go. 08:44. If I could ask everybody to please calm down outside. We do have an announcement that we need to make in the interest of time. And so I'd ask anybody in line if you are gonna speak on the topic, please speak on something that hasn't been spoke of already. We are gonna get to a point where we could possibly be entertaining a recess to postpone this to the following day. That is something we do not want to entertain. So I ask that you please, if you're in line, please just be responsible with your time. And you're more than welcome to speak. Just please be responsible. Let's try not to duplicate the comments that have been made already. So sir, if you please just state your name. You have three minutes.

2:21:0267

Hi. My name is Joe Winter.

2:21:04 – 2:22:0067

Texas State student in San Marcos residence. I'm here opposing data centers for San Marcos. One of the things I wanted to touch on that I don't believe was touched on previously is while I cannot speak directly for some of the first speakers that we had here talking about their experience living across from these sites, as somebody who recreates regular regularly near River Ridge Parkway near Epic Piping, I can completely understand why there's no residential construction going on in that area. So I implore you guys that to put a site similar to that in both pollution creation, not necessarily water consumption, but necessarily sound creation next to these residential sites is a terrible idea. Beyond that, I see that I mean, the very epitome of sustainability that I believe that we should represent as responsible leaders in our community is something that does not represent this this project.

2:22:00 – 2:22:1667

And so I think that's something that while we've had a clear history of ten thousand years of occupation in this area, in this wonderful oasis that is near hill country in the Chihuahuan Desert border, I believe that we should try and further that to another ten thousand years if possible. So thank you all for your time.

2:22:162

Thank you. Hold up. Is that loud? Okay. I had to ask. Please, sir, your name in three minutes.

2:22:26 – 2:23:0268

Yeah. My name is Joseph Morse. I've lived in San Marcos since 1997. I went to San Marcos High School. I got a business degree from Texas State University. I paid for my business degree by working working on home renovation job sites, by working in mechanic shops, and by working in factories. And having worked in factories, I think it's important that we think about how much if the goal is to create jobs, how much natural and public resources are we using per job created? Right? So this area has a manufacturing base. We've got CFAN, Epic Piping, Thermon.

2:23:03 – 2:23:4268

We've got quite a few factories in this area that are creating a lot of jobs, but they're not using as much resources per jobs created. If our goal is to save water and also create jobs, I think there's better decision making to make both than to add these data centers into our industrial landscape. And then another thing to think about, I think one thing that is pretty obvious to me is that these data centers aren't going to create long term construction work. We've got people talking about how they work construction industry, and this will help them out. However, I don't think there's going to be fifty years of construction jobs generated by these data centers.

2:23:43 – 2:24:0168

I think it's a short term benefit for the people who are seeking employment. And I think that there's other ways where we can create economic value without using as much resources, and then hopefully benefit every goal here.

2:24:012

Thank you. You can do that. Yes.

2:24:0769

All right.

2:24:09 – 2:24:3911

My name's Amanda. My family's been in San Marcos since the '70s. And I'm a nat or I graduated, but I had a natural resources degree. I am against this abhorrent data center because when our Earth is inhabitable because of over consumption and greed, nobody will need jobs because we all will be dead. I understand that there's been some repetition, but repetition comes when people don't feel like they're being listened to.

2:24:39 – 2:25:2411

So I would think about that. I believe in conservation over corporate greed. This land was set for conservation. It's such a slap in the face to anybody who is still caring when everything seems like it's falling apart. You know, we look to our local governments to maybe have a little less corruption. And if this goes the way I fear it does, then we can't. You know, I wanted to address the comments about our being disrespectful for clapping after a citizen speaks. What I find disrespectful is the condescending, dis dismissive, willfully ignorant retic rhetoric to line one's pockets with blood money. Be respectful of our planet. Be respectful of our residents.

2:25:25 – 2:25:5011

Be respectful of your own comprehensive plan. That's a no brainer to me. If you wanna talk about jobs, we should talk about jobs. What is y'all's job? It's to help the citizens of the city. Right? Not line your pockets with more money. Do you wanna be known as the council that ended the health of our city? Think about that.

2:25:512

Thank you.

2:25:57 – 2:26:2070

Good evening, honorable committee members. My name is Amber Lunsford. I live here in San Marcos at 1312 Baylor Avenue. I'm here tonight representing my family, my two children, and my husband who grew up here in San Marcos. And we firmly oppose any decision to promote or allow a new data center to be developed here in San Marcos indefinitely.

2:26:22 – 2:27:2470

We all know by now that data centers put a huge strain on our energy grid and our water resources, and a community impact newspaper actually just published last year that we're already on track to run out of water within thirty years, you know, within our lifetime, within the lifetime of our children. And so you have an extreme burden of choice here and a huge responsibility to to be the ones that have a say in that and how our water will be maintained or lost. And so when it comes to big corporations and big money coming in here saying that you can trust them because they have the contracts and the resources, Well, look at Wimberly and Jacob's well, where they lost millions in revenue in the past year due to Jacob's well-being closed. Meanwhile, Aqua Texas is having no accountability because they have the money to not be accountable. And so they said they would take a certain amount of water.

2:27:24 – 2:27:4570

They took millions of gallons more, and we all see that who live here. We see how the Blanco is dry and how Jacob's well is closed. And as people who live here, we know our wealth comes from the river. Know, sadly, we have to say it like that. But our livelihood and our love for this land comes from the river.

2:27:46 – 2:28:1970

And so the choices that we make day to day make a big difference. When Blanco community decided to put their waste water in the water and then there was disgusting algal bloom and all the nasty things, that was their choice they made, and thank God they eventually, you know, decided to undo that. But this is a very serious decision, and it may seem like, oh, it's worth it in the short run for the money. Look what happened to those communities. They actually lost tons in other ways.

2:28:20 – 2:29:0570

And so if we really want to preserve the wealth for our children to come, we need to prioritize the water first and foremost. And opposing data centers is the bare minimum. We need to do much more. That statistic by Community Impact Newspaper didn't even include adding in data centers. And so even if we oppose data centers, we need to be doing more. We need to be educating the community. We need to be doing things systemically with how we treat the landscape, planting native plants, preserving the water we already have, and being a lot smarter with how we're developing. And so I hope you guys can make the right choice for all of our future generations, all of the people that will come after us here. Thank you.

2:29:052

Thank you.

2:29:12 – 2:29:3771

Good evening, Planning and Zoning Commission. My name's Noah Brock and I live in the San Marcos ETJ. It's been a while since I've been here and I hope you're all doing pretty well. I'm here to point out some potential misleading information that's in the presentation that you're gonna see later. On slide 22, there's a comparison of LUEs, which are living unit equivalents, between a data center development and a residential development.

2:29:38 – 2:30:0971

It appears the goal of this slide is to point out that a data center will use less water than houses built on the same land. While that may be true, a data center will take 235 living unit equivalents of water from San Marcos. Excuse me. LUEs are not actually supporting living units when they're at a data center. If the property were developed for residential, the five fifty seven or eight nineteen LUEs would be supporting living units.

2:30:10 – 2:30:4971

And just in case you haven't figured this out yet, living units equal people. A vote for a preferred scenario map amendment here would mean less water for residents Marcos. In the PSA application, terminology is used to make it sound like light industrial zoning would be better than CD 2.5 because the property next door is heavy industrial. If this does become industrial, all of that all that will do is move that industrial closer to the existing residents that are already in that area. Just because heavy industrial is next door does not mean more industrial is needed.

2:30:50 – 2:31:2971

That mindset leads to widespread industrial development clusters throughout the city. It just keeps expanding and expanding. The majority of the neighboring property is unzoned ETJ, not industrial. Industrial. Conservation cluster and commercial employment low were both of the preferred scenario designations when the smart terminal became a thing. Now we have over 700 acres of heavy industrial with a promise from this city to make it over 2,000. Don't do the same thing here. Vote no on this preferred scenario map amendment and the associated zoning. Thank you.

2:31:292

Thank you.

2:31:34 – 2:32:1172

Hello, Planning and Zoning Commission. My name's Annie Donovan. I'm here to ask you to vote no on agenda items four and five. The community is out here now to tell you that we don't want this. Don't throw away all the hard work that the comprehensive plan oversight committee worked on. Additionally, since I've been here, I've heard many union workers tonight discuss how the construction of the single data center will give them jobs. One thing I wanted to ask is what's going to happen to all of those jobs once the data center is built? The construction jobs are temporary. The negative effects of a data center are permanent. Thank you.

2:32:112

Thank you.

2:32:16 – 2:32:5944

Hello. My name is Riley Laporte. Thank you in advance for hearing me out if any of my words resonate with you. I'm a small business owner in New Braunfels. My home is Quail Run Drive, San Marcos. I try to think of any pros about having a data center, but all I worry is the horrendous causes and effects. We live in a world where people prioritize convenience rather than community. Part of my livelihood is having a thriving business. More importantly, the pleasure of being rich in life in terms of working with my animals around this beautiful space. I wonder how my big animals, like my horse, is going to feel comfortable.

2:33:01 – 2:33:4044

I've read data centers vibrate the earth surrounding the areas affecting homes and livestock. I fear of personal relocation and moving everything I built to have a comfortable environment. Things are happening in breakneck speed already. I don't know if this next part is allowed, but on behalf of my partner who is on call and cannot be here, alignment in the San Marcos Maxwell area reaching to Austin. I actually talked him into moving into this area, and we both now wanna leave depending on cause and effect, whether it's he would get more money and all.

2:33:41 – 2:34:1144

We've both already dreadly thought of the relocation, but are still crossing our fingers, hanging on hope we can build to live richly again with our space and animals if San Marcos decides to drop such a strong moral that brings and keeps people here. This decision really chooses where we build our home and family. Again, that sounds like a sob a personal sob story, but my heart needs San Marcos to continue to have safe moral, and I am against the data centers. Thank you.

2:34:112

Thank you.

2:34:16 – 2:34:4373

Hello, my name is Corinne Loperfido, a San Marcos resident. And I would like to speak against the proposed data center. I know you guys have heard all about how much water data centers use and how few jobs they provide after construction and how the immediate neighbors are strongly against the project. And you asked for some new information. So today I want to talk to you about a different and even more disturbing element that AI is adding to

2:34:43 – 2:35:1673

situation. Trigger warning for the audience, I'm going to be talking about some intense subjects. As of current day, Grok, the AI owned by Musk is making it available to the public to create deep fake nudes and undress anyone of any age. And I'm gonna say that again so you can think about the implications of that. Of any age and showing them nude or in revealing a bikini with the click of a button, Imagine you here on the city council vote against the interest of your constituents and allow this to pass.

2:35:16 – 2:36:0773

Imagine an image circulating of you all sitting in these chambers completely undressed and photorealistic. Now to be clear, I've never used AI, chat, GPTX, or any of these so called technologies and wouldn't do something like that. But I do know that women and young girls are committing suicide in increasing numbers because non consensual images are being created by men and boys, mind you, using our precious drinking water and electricity to power these AI data centers to be able to make these images and share them. This is the intersection of environmental rape and the continued disrespect of women's bodies now via AI generated public humiliation rituals leading people to death. In addition to those horrors, more and more stories are coming out about people who are going into chat GPT induced psychosis and killing themselves or members of their families or their partners.

2:36:08 – 2:36:5173

AI isn't just funny pictures and viral videos. It's robbing us of jobs, culture, creativity, privacy, problem solving skills, friends, critical thinking, water, the list goes on. So what world are you voting for? For a few thousand dollars in the city budget? In all seriousness, what is the point of life when the river is dry and the bees have all died? There's no planet b, So let's vote down this bogus plan by another desperate white man looking to make a dime off stolen land. What I want you to consider when you cast your vote against this proposition is that you are voting for humanity. You are voting for community, human and nonhuman. And this is literally life or death. Thank you.

2:36:51 – 2:37:2073

That's what I had to say. And earlier, because I haven't used up all my time, I went to Pi Society on the way here to Fuel Up before this talk. And there was a kids coloring page and it is AI generated and the employees were complaining about it and I was loudly complaining about it. And there's a little thing that you know they obviously typed in, this and that. It says t e a t rental, teat rental. So you wanna explain to your kids what a t is and you can't hire someone to spell out tube correctly? Thank you.

2:37:212

Thank you.

2:37:26 – 2:37:5774

Annette Devers, San Marcos resident. I am praying and asking you all to do what's right for the San Marcos residents and vote no again to this application to rezone near residents and wildlife and farms. I was surprised after your last vote this was on again. I hope you all have gone deeper into researching AI data centers as did our beloved Jim Graber. He spent a lot of extra time researching and found out how it takes electricity of 80,000 homes for one data center.

2:37:58 – 2:38:2274

I watched a video of a family living near a data center they built near their home. Their electric bill went from 200 a month to 400. If you vote yes, then your vote will, no question, will cause extreme undue stress on thousands of San Marcos families already stressed from rising prices. Data centers should be building their own electric sources. You've heard over and over about the water loss that will happen.

2:38:22 – 2:38:5274

And you know we are still in drought condition. All the wildlife, ranchers, goat farm, beekeepers, and people will, I stress, will be negatively affected. Your jobs are very important because your vote can end up affecting thousands of residents. I ask you to drop into your hearts and search for your vote. Hearing from all of us that are counting on you to vote for the people, the families, wildlife.

2:38:52 – 2:39:3574

Not for a corporate entity that has proven no interest respecting families, wildlife, our beautiful river. Otherwise, they would not be trying to build in this farm area. If they cared about towns and citizens, they would build far away from families, wildlife, and farms. But no, they are back. Please open your eyes and hearts and vote no. Your no vote to rezone this family area is very important and does have great weight on the outcome. Along with a no vote for approval of this project, please motion and approve as majority denial for once and for all. And thank you for voting no and for the citizens. Thank you.

2:39:3875

Good evening. My name is Jerry. I've been a proud local ten ninety five member for almost ten years now. Choosing to join the union is one of the best decisions I've

2:39:4822

ever made.

2:39:49 – 2:40:1775

Over the years, I've come to truly appreciate not just the work we do, but the people we do it with. What we do matters. Our work has helped strengthen our communities and support the people who we depend on it who depend on it. Knowing that our efforts make a real difference is something I take a lot of pride in. And in return, the union has done great things for me as well, giving me opportunities, stability, and a sense of belonging.

2:40:18 – 2:40:4575

I've enjoyed every chapter of the journey so far, and I look forward to continuing it. I plan to stay with the local ten ninety five until the day I retire, and I'm thankful to be part of something that truly stands for its members. With that said, I ask you to support the data center project because of the opportunities it will provide and create here in San Marcos. Thank you with respect.

2:40:49 – 2:41:0063

Good evening, commissioners. My name is Ronan Conroy. I'm here to support the data center zoning request because it creates real career opportunities and helps working families in San Marcos. Thank you for your time.

2:41:07 – 2:41:1876

Evening. My name is Moira. I live here. All I can hear of the proposed benefits of this project is jobs. I'm a musician and an artist.

2:41:18 – 2:42:1976

I work in the creative sector and I've been watching a lot of creative jobs disappear to AI, which is a great concern of mine. My best friend is a teacher as well and she's up to her neck in assignments that are clearly made using AI. And I can imagine in the university as well, it's been a large frustration to both the teachers and the students who are having difficulty clarifying whether or not their work is AI or just proper punctuation. And when it comes to opportunities, I think that we as a city have a golden opportunity to honor the character of this town, which is a river town, and set an example to the nation and to the world by standing up for the springs and the aquifer that are the reason that this town exists in the face of a new industry which we don't fully yet understand the implications of. And the implications that we found so far don't seem to be very healthy for the population.

2:42:20 – 2:42:3876

I hope that you will take the opportunity to stand with your citizens, the overwhelming majority of whom I don't believe would be working to build this project or working at it. And don't make your decision based on money but on the representation of your citizens. Thank you for

2:42:387

your time.

2:42:392

Thank you.

2:42:4277

I can't drive with this.

2:42:45 – 2:43:2978

Hi. My name is Blake Cohen. I'm a San Marcos resident. A lot has been said here tonight. I'm not gonna I'm not gonna redo what they've already said. I I'll just point out the Houston Advanced Research Council says that for every megawatt hour of energy produced, 793 gallons will actually be needed to produce that energy. This puts the data center according to the specifications that they have brought. That means that it will use up to over 798,000 gallons of water per hour. But, really, this is this is more of a question of who are you listening to. Are you listening to the money, or are you listening to the people?

2:43:2978

And I think that that's an important I think that y'all should sit with that. Thank you.

2:43:342

Thank you.

2:43:38 – 2:44:0679

Good evening. My name is James Fussey. I live in the city of Kirby. I'm here to urge this council and this wisdom to approve this project for I feel that this project will promote prosperity and progress in the for the citizens of San Marcos. In closing, would just like to say that this union provides skilled labor with very, very, very good benefits in pension and health and welfare. In closing, again, would just like to say I support this project. Thank you.

2:44:062

Thank you.

2:44:11 – 2:44:2780

Hi, my name is Jennifer Corboy. Thank you for the opportunity to speak. I am a Texas resident. This project represents a real and timely opportunity for working families, particularly women in the trades. These jobs provide benefits.

2:44:27 – 2:45:1180

And I've seen firsthand how initiatives like this do more than create jobs. They create stability, career pathways, and long term economic mobility. When women are given access to quality work, training, and supportive job sites, the impact extends far beyond the individual. Families gain financial security, workplace become stronger, and communities benefit from skilled and committed workforce. Supporting this project is an investment in people and long term results. I strongly encourage the board to support this project and the opportunity it provides for workers, families, and the future of this community. Thank you.

2:45:122

Thank you.

2:45:22 – 2:46:0281

Hello. My name is Zoe Schwartz. I've lived here my whole life, and I oppose the data center. Folks have done a beautiful job touching on perhaps the more noble reasons to oppose it. But, like, if we're considering profits, I just wanted to say that, like, it doesn't have to be a choice between creating jobs and what the people want just because you can have both. Like, our entire tourism industry is the river. People don't come here to see a data center. So they come here for the river. And if we don't have the river, people aren't coming. So I just think, like, what what will create more local jobs?

2:46:0381

One data center or the entire tourism industry of the city. Thank you so much for your time.

2:46:092

Thank you.

2:46:14 – 2:46:4482

Hello, my name is Keira Utter. I live at 121 Craddock Avenue here in San Marcos, Texas. And I was also here a little less than a year ago speaking out against this proposition. It's a little bit disappointing that I do have to be back. But I can't say much that hasn't already been said, but I would like to highlight the difference between those who are for and against, more specifically, who live here who are speaking against this, and those who don't who are speaking for this.

2:46:46 – 2:47:1282

Workers and working class people should not be pitted against each other, but that is clearly what is being what is happening here. But it is not them or even us who is winning. This is a top versus bottom problem. Who is actually winning with this data center? Not the citizens, not the workers, but it is in fact that top class of money, of people who are making the most money in the world.

2:47:12 – 2:47:5482

And it's definitely not the people who live here. A vote for this data center is a vote against the city and its citizens. I know you all are probably falling asleep up there, but I implore you all to listen to your people and be an accurate reflection of our citizens, of the people who actually live here. And this conversation does extend beyond the people. It is for the wildlife and the ecosystems and the natural river that has attracted people for thousands of years and will hopefully be able to continue garnering beautiful crowds to give them a chance to experience this beautiful wildlife that myself and so many people have that urge people to speak out against it.

2:47:5482

It's a very strong feelings that we're all feeling, so please vote no for this data center, and I hope I don't have to be back here. Thank you.

2:48:042

Thank you.

2:48:09 – 2:48:3683

I'm Brandon Blocker. I live here in San Marcos on 233 Fairfax. I work in New Braunfels, Texas. And I just wanna reiterate that the water problem with the data center is pretty unique because unlike farming or something where water goes back to the community, data centers, it uses up the water, and then it evaporates. And then they pollute the water, and it doesn't go back to the river at any point in time.

2:48:36 – 2:48:5783

So when you take it away, it doesn't necessarily get recycled or anything like that. When it evaporates, it moves farther down. And when you're using water day in, day out, it's going to cause a problem. And we'd like to use that for better infrastructure that's going to be like something agriculture related. And that's all I have to say.

2:48:572

Thank you.

2:49:05 – 2:49:3763

Good evening. Good evening. My name is Frank, and I live in New Braunfels, just twenty five minutes down the 35 on a good day. If I've I've been a a member of the Launa family for just over twelve years, and during that, my family has grown into five. I'm here this evening to share the importance and what or or the importance, and I wanna show my support for the data center zoning request.

2:49:37 – 2:50:2263

This project creates construction careers, not just temporary jobs, as so many people have said so far. The phase or the the phrase union standards means training, apprenticeships, huge families supporting wages, and benefits. Benefits. These are crucial so local workers can build long term futures, strong jobs, and if the the strong jobs lead to safer worksites, skilled labor, and stronger communities. In short, union work builds America, and we will build San Marcos.

2:50:2563

I support this project and I ask you to do the same. Thank you for your time and consideration. Have a wonderful night.

2:50:322

Thank you.

2:50:40 – 2:51:0584

My name is Lazarus Vazquez. And as you've heard from the majority of this room, I'm vehemently against these AI data centers. What could I say that hasn't already been said tonight? How these data centers guzzle our water, disturb us with egregious noise, and pollute the nature San Marcos prides itself with, all for the sake of feeding us misinformation cobbled together by a machine. If not things more sinister, I refrain to mention in this building.

2:51:05 – 2:51:4984

But you all should know what I'm talking about. How they promise unsustainable jobs that will fizzle away as quickly as our water level. How the heads of these data centers have no care, no love for San Marcos nor its people, only the money and resources they can take from us. You've heard these things, hopefully know these things. I hold the respect to know our city council is aware of the people you represent, of the crowd behind me and further outside. You know what we want. We're telling you what we want directly. We don't want these data centers. We want our town and our dignity as Sam Martians to be respected. First, it comes into our town. Next, it comes out of our taps. Thank you for your time.

2:51:502

Thank you.

2:51:57 – 2:52:2485

Good evening, everyone. My name is Jessica Moreno, and I am here to represent myself and my husband who could not be here tonight. We are residents of this community. We also work here, and we're homeowners in this community as of 2022. I had prepared to share all kinds of reasons that have already been shared tonight about why my husband and I oppose the the zoning the zoning changes for this data center project.

2:52:25 – 2:52:5885

But again, I wanna save the time for others and get us all back home tonight. And so I'm deciding to share some things kinda off the cuff. I think the first thing I wanted to share is that we have extended family in El Paso, Texas who've been impacted, and their water crisis there has already been exacerbated by the metadata centers. And so we're seeing this, and we've heard from many people already about what these environmental impacts will be. And I wanna share some additional some additional cooperation with something Corinne said earlier today.

2:52:58 – 2:53:5485

I am a domestic and sexual violence advocate as well, and I can attest to everything that has been shared by Corinne's testimony today and all of the things and damages we're seeing to our young people in particular with regard to AI and all of the things that folks are able to do now. But I also want to share something because I have a deep relationship and connection to construction workers and I wanna share stories from that perspective as we're hearing from all of the labor union folks here tonight. My father, my grandfather, they built helped built this state And I I deeply respect the work that our labor folks are doing for us to keep to keep our cities running. A couple years ago, Elon Musk came into the Austin community to build things for for Tesla and build a big empire here in Texas. One of the young people that I love and care about here in San Marcos was a welder and went on to work for the Tesla company.

2:53:54 – 2:54:3485

And it worked out really well for many years for him. But just like we're hearing tonight, those jobs aren't gonna last. And what happened to this young man is he was laid off after about two to three years of making really good money. And guess what? He's back here now. So I I admire and love that you all are unionized, but I also wanna say that that does not make long term jobs here in San Marcos. Okay? It just doesn't. And what we'll see is similar to every other developer who who sells us these lies and sells us these intentions for our communities. But the reality is once they get what they need from us, those promises are not going to be kept.

2:54:35 – 2:54:5985

And these promises are not going to be upheld. And so we've seen that happen with other projects in our state. We are gonna see that happen here if you all allow this zoning change to continue. You've heard from us time and time again, we do not want this here. We do not want this in our sacred community and to impact our sacred waters. Please, please hear our cries and please, please know that this is not what we want.

2:55:012

Thank you.

2:55:04 – 2:55:3086

Hi. My name is Laura Day. I grew up in the Dallas area and got out of there as quickly as I could. At 18, I came to equate my home state with a culture that was, above all, fiercely disrespectful of the environment. I sent my childhood in and out of emergency rooms because I had bad asthma, asthma bad enough that as a young child, it threatened my life, asthma that note how it was exacerbated, if not caused, by the fact that my childhood home sat under the flight paths of DFW Airport.

2:55:30 – 2:55:5486

I respect the union folks here trying to support their family, but I would encourage them to do a little research into what this center would mean for c o two emissions. And if it's really worth it, to take a paycheck that in the long run makes it harder for your kids to breathe. I fell back in love with my home state in part because I found in South Texas a culture that respected the land in a way North Texas has failed to do so. Y'all have something special down here, and I hope you continue to respect it.

2:55:542

Thank you.

2:55:58 – 2:56:2787

Hi, my name is Brenda Hagner. I moved to San Marcos, actually, just in September. My decision to move here was based on your decision in March to retire from teaching after thirty seven years and to move to San Marcos. It's something that I've been wanting to do since I was 17 years old. I moved here for many reasons, the river being one of the greatest reasons, and the natural resources.

2:56:27 – 2:57:1287

And also, the people in the community are very friendly and supportive. And I feel at home here. I'm very happy here. What I'm not happy to hear is that you want to go in, not y'all, but big companies go in. I lived in Katy. I saw the industry come in. You lost your lights. You didn't get to see the stars at night. I moved here for peace and quiet, and also for the structure that you do have a lot of infrastructure already here, medical infrastructure that can support families. And I just pray and hope that you vote against this. It's just not right for San Marcos. Thank you.

2:57:122

Thank you.

2:57:17 – 2:57:5188

How y'all doing? My name is Justin James Bridges. First of all, I do have to express my disappointment at the fact that we're even having this conversation because of one man making a bad investment and his greed trying to push to recover the funds from that bad investment. You made a bad investment. Stop trying to destroy our city. Stop trying to destroy the environment. This is ridiculous, you know. And I it it hurts me to see these union members out here, you know, I support unions. I've stood on picket lines with unions in multiple states. I've stood by them trying to help with higher wages with them.

2:57:51 – 2:58:3688

I've stood by them on many times they've called and asked for support. I've stood out with unions. I'm disgusted that they're looking to destroy our city. Most of those union members, I don't even know if any of them live here in this city. So that money is just going be going out of town, more money just getting sucked out of San Marcos plus our resources being taken away from us. This is absurd. This is absurd. The fact that you're even considering this and have brought this forward, y'all should be y'all really that's a disgrace on this city. Y'all should be disappointed in yourselves. I'm disappointed in this. Like, this is really absurd to me that we're still having this conversation. This city has spoken. The community has spoken. We don't want this. It doesn't belong in San Marcos.

2:58:36 – 2:59:1588

I have friends that live all over this country. I have friends that are fleeing other cities that put data centers there because now they have rolling brownouts and their water doesn't run all the time. It destroys communities. San Marcos is one of the longest consecutively inhabited places in North America. Why would you want to destroy that? Why do you want that to be your legacy? Make the right decision. You have the power to make the right decision here. Do the right thing. Don't let greed control what's going on here. Listen to the people. Thank you.

2:59:162

Thank you.

2:59:18 – 2:59:4889

Hi. My name is Georgia Parker. I've been a citizen of San Marcos for twenty six years. I almost didn't come up and speak because it was hard for me to imagine how, I don't know, that y'all would even consider approving this change in zoning. But just in case you are, I would hope that this would be an easy decision considering we've all gone through this process already and we've all made our voices heard.

2:59:49 – 3:00:2189

And I think you have an opportunity with your vote change zoning, whether or not to change the zoning, inspire hope across the state of Texas, across the country, and across the world, and make San Marcos a place that is known for what it is, a place that has a strong sense of community, that gives a shit, and that cares more about each other than billionaires. Thank you.

3:00:212

Thank you.

3:00:24 – 3:01:0690

Hi. My name is Albert Lanham. Thirty year member of the Laborers International Union North America. I'm here representing the folks of Local ten ninety five. I just want to say that, you know, I've heard a lot of people get up here today and, you know, say they've got this college degree or that college degree. What a project like this does is it offers an opportunity for high school graduates and folks coming from other areas to build a career in skilled trades. So if you were to pass this project and have it move forward, I think it would give a lot of folks opportunities to build a career and sustainable life here in the San Marcos area. Thank you.

3:01:062

Thank you.

3:01:14 – 3:01:5851

Hi there. I'm Jess Bowers. I'm a resident of the city. I, like many people, moved here for the college. I started going to college. But then I stayed here because I fell in love with the city, and I'd really like to die here. There was a gentleman earlier who said that he'd lived here for seventy five years. I'd like that to be me one day. So I'm gonna be here for a while, and I oppose the building of a data AI center here. I'm a resident. I don't want it for the reasons already enumerated by my neighbors. All of the arguments against, I haven't had a heard a single word that I disagree with. I agree with all of my neighbors that are against it. All of their words are mine. What they've said, that's what I think too.

3:01:59 – 3:02:1951

So if this comes back to this council, I I'll show up again. If I live here for seventy years, I'm gonna be showing up in front of this council. So I'll remember the things that this council decides, and I'll tell you about it. And so yep. Pretty short. You've already heard it all, so I'll go. But that's my thoughts. I'm against it. Thank you so much.

3:02:202

Thank you.

3:02:2370

Hi. My name is Katie Nichols.

3:02:25 – 3:03:0291

I'm a resident of San Marcus. I'm here to ask you all to vote against any planning and zoning changes that would allow the data center to be built here. I do understand that two of the largest revenue sources for the city are charges for electricity and water. And while the data center being built here may increase those revenues for our city, I think it would come at a large cost for our city. I understand that there has been a lot of concerns raised about, you know, the increase in electricity bills and how that does get pushed on to residences and small business owners in the area.

3:03:03 – 3:03:3291

And I do believe that those increases could cause future residents and future small business owners owners to exist here, which would lead to lost tax revenue for the city and would impact our long term growth. I do believe that that outweighs the, you know, the positives of the temporary labor construction jobs that are going to be available and then the small amount of permanent jobs that the data center does offer.

3:03:3370

Thank you.

3:03:332

Thank you.

3:03:37 – 3:03:5692

Good evening. My name is Sam Benavides. I didn't plan on speaking this evening. I just came from a three hour long board meeting, and my brain is really fried. But after listening to a shocking amount of people speak in favor of this, I felt called to come and voice my concerns about the status center and go on the record.

3:03:57 – 3:04:4192

So some quick thoughts I jotted down. I serve on the neighborhood commission, so I've heard this presentation. And I had the opportunity to ask some questions of the developers, and I was deeply unimpressed and concerned with their responses. First of all, they didn't wanna answer any questions about the water usage. They actively discouraged questions about that, kind of preempting questions that they thought would come up, but not letting us ask quest or not welcoming questions about water usage. I had a question about I heard that it becomes so contaminated that it has to be shut down. I wanted to ask about that. I wasn't able to. I hope that you all are able to ask that tonight. I also wanna say to all the workers depending on this project for work, I want you to have secure jobs.

3:04:41 – 3:05:2092

I want you to make a living wage. I want you to have steady income that allows you to support your family and meet your meet your needs. I want that for everyone, and I hate that it's being framed as coming at the cost of destroying our planet and destroying our water supply. I know that each of you have seen that KUT article about the dire state of our water supply, and it breaks my heart that we're in a position where we have to choose between our environment and the economic stability of our neighbors. It shouldn't be this way. May we dream of a world and work towards a world where we don't need to pick between stable jobs and the health of our environment, and may each of you be leaders in that fight tonight. Thank you.

3:05:212

Thank you.

3:05:24 – 3:06:0093

Good evening. My name is Patricia Harrington. I'm a resident of San Marcos. One thing that I haven't heard addressed very much is the impact that this will have on the very lives of the people that are living close by, but how it might affect all of San Marcos. I haven't heard anything at all about what possible levels of radiation would be released through the data centers, and how that how the frequencies that will be emitted will affect not only the comfort of humans, but will affect their physical body.

3:06:00 – 3:06:4593

There are more and more people who are becoming sensitive to environmental issues. I would think that this would not be something to just look at loosely, but maybe to delve into a little bit on what the impact would be on human life, on plants, and on animal life. We know that it's not safe to live near next to electrical plants because of the release of the emissions from that. Many people are affected adversely from that. So I just ask that you would think about that and maybe consider that in your vote, and I encourage you to vote against the data centers. Thank you for your time.

3:06:462

Thank you.

3:06:51 – 3:07:0894

Hello. My name is Daniel Gammes Gomez. I'm a resident of San Marcos. I am tired of this talk of improving our city when all evidence seems to point to a commitment to its destruction. We know the data centers will extract far too much water.

3:07:08 – 3:07:3794

We know it will raise the strain on our power grid. We know it won't bring enough jobs to justify changing the zoning in the first place. We know that they make the surrounding areas they inhabit borderline unlivable. Yet, we stand here today at this precipice distracted by passing clouds when we should be considering treacherous drop to the dry, unforgiving earth below. The land we stand ready to betray will not be kind to our selfish machinations.

3:07:37 – 3:08:2294

These plans are not limited to San Marcos, but are actually part of a nationwide effort to push the big investments behind AI and its data centers onto an unwilling populace. And as a natural result of that, we are a part of a nationwide resistance here tonight to being killed slowly. The water will drown us in its absence. The animals will return to eat us when we found we cannot eat or grow our crops, and land will erode under the shaky foundations we're building upon and swallow us whole. But if the earth's lack of forgiveness is something you are willing to ignore, I hope you are prepared for us to never forgive or forget the mistake you could make tonight.

3:08:22 – 3:09:0794

I have stood before city council who, much like this commission, stood post to betray the wishes of hundreds of people who voiced their wishes. And when they did, people stood by and did nothing. We must hold this commission accountable. If you vote in favor of the data center tonight, we will not sit idle. Your names and faces will be remembered and your careers will not. In case the mass support present here tonight didn't make it explicitly clear, almost no one wants to see these parasites extract what makes this place worth living in. I say almost because we know certain commissioners think the city an inevitable destination for these data centers. This is false. We know this is false because we're seeing data centers fail to be built nationwide. Why?

3:09:07 – 3:09:3494

Because people know they are not necessary for our survival and thus are resisted just as it's being done tonight. They are an elaborate ruse meant to fool us into letting developers erase us from afar for their personal enrichment. But we are not fooled. We see what the developers are doing. There are two sides here tonight, the side of the living and the side of the damned. You know what to do. Thank you. Thank you.

3:09:41 – 3:10:081

Hi. I'm Sai Friedy. I did not plan. I did not write anything. This is kind of beyond the point of sharing facts, but I am still alarmed that people who are in positions of decision making authority and people who have lived in this town for a really long time and who are very smart and well informed still don't understand basic facts about the harms of data centers.

3:10:08 – 3:10:301

I did a radio interview today with Diane Wassenek. And she was shocked by some of the stuff that we mentioned on air today. But a few facts and sorry if this is kind of hodgepodge. I'm still very anxious about public speaking. We use more water to generate electricity than we use to irrigate crops in this country.

3:10:30 – 3:11:081

And the grid of Texas is set to double because of data center demand. Utility rates around data centers have gone up by 250% in some places. And also, y'all are going to see a presentation that really likens this project to existing data centers. It's really important for us to understand that the scale of AI data centers are unlike I've said this before, it startles people when I say this. But I know that Mayberry has taken counsel, encouraged touring of existing data centers in the Austin and San Antonio areas.

3:11:08 – 3:11:251

I think they're gonna show an image of a data center in San Antonio. That's a 10 megawatt data center. And this data center is a three seventy five megawatt data center. That's five times San Marcos' average. People have said this tonight.

3:11:25 – 3:11:591

It's two and a half times what we use at the hottest day of summer, but it's five times what we use on an average day. So the grid overhaul that will be required for these large loads not only will it make blackouts more likely, it's also going to increase utility rates for regular people. It's been mentioned tonight also that, yeah. It startles me. This 2,047 number that's been thrown around, it's actually far worse than that because that number doesn't account for data centers.

3:11:59 – 3:12:381

That number doesn't account for climate change. I met with Joe Pantalian within the last week and it seems like policymakers here are just kind of resigned to our drinking our wastewater before too long. And that I think most of us are pretty appalled by, especially given that we're inviting industry into this community that plans to poison that water proprietary cocktails where we won't actually even know what's in it. And PFAS we know cannot be removed by municipal wastewater treatment plants. But I guess two closing points.

3:12:381

One, I think everyone here is ultimately on the same side. I think this is those who Thank

3:12:46 – 3:13:102

you. We will now close the assessment comment period. If our colleagues do not mind, I would like to move item number six before item number four and five. So moving CC twenty five thirteen essentially before the data center. Does anybody have any issues with that?

3:13:132

Okay. Brings us to our consent agenda.

3:13:1595

I'll make a motion to approve the consent agenda.

3:13:182

Motion to approve by commissioner Spill, seconded by commissioner Meeks.

3:13:2296

Commentary. Is that no longer good?

3:13:2849

Mean, I've been

3:13:2824

here before.

3:13:292

Do you have someone online? Yes.

3:13:3196

I'm online waiting to speak.

3:13:352

Was he here for assistant comment?

3:13:3696

Other people that are here that are waiting to speak as well.

3:13:43 – 3:13:572

Well, you know, let's back on up. Why don't you speak? Need your name. You get three minutes, sir. Sir?

3:14:012

we have anybody on the line who wishes to speak?

3:14:0339

There we

3:14:03 – 3:14:2296

go. My name is Don Ewell. I live at 524 West Hopkins Street, and I'm new new to San Marcos here. Love the community. Voting for this seems to be going against the San Marcos comprehensive plan.

3:14:22 – 3:14:4996

Seems that the decision was made, and then we're backtracking on it. We have a developer who spends his days and nights committed to this. We're just local citizens coming in and wanting to have a voice in this. Sometimes it's thought that no never means no for developers, but yes is forever. I don't think we need to vote yes is forever on this.

3:14:50 – 3:15:3296

There are other ways in which data centers get water, one in which a technology that is being used is using brine. There's plenty of brine out in West Texas. Sure, the oil companies would be happy to share with them. Might start with cities such as McKamey, Rankin, Big Lake. They welcome a data center out there and the infrastructure and all the growth and development because, certainly, they need jobs more than we do here. Appreciate what the union members have to say. I was in union out in West Texas. I worked at a cement plant. Great. Loved my time there.

3:15:32 – 3:16:0396

the idea that we have 25 union workers here in San Marcos and thinking that this is going to create more jobs for people here, once the building's built, those jobs vanish and you go elsewhere. And that's just the way it is. You move on. If you're not willing to move on, well, then you're gonna have to find someplace else to work. I just share here that a data center that was opened up in the Dallas and Oregon, you can go online and get this information from datacenters.com.

3:16:04 – 3:16:4596

And they talk here that they invested 1,800,000,000.0 in the Dallas and established a long term commitment to the region and state. Now a fully operational site, we've created over 200 total jobs, and we work hard to support the communities in which our employees live and work. Since 2009, Google has awarded over, listen, 14,000,000 in grants to nonprofits and organizations based in Oregon. 14,000,000 for the whole state, and they invested 1,800,000.0 in the 800,000,000.0 in the data center. Don't get it.

3:16:45 – 3:17:2796

I'm pro union, like union jobs, but I don't think it should come at the cost of destroying the very livelihood of the community. The community is centered around the river, tourism, the quality of life. That's too high a price to pay. And this commitment to create jobs, people can commit to do anything, but that's not a contract. People back out of commitments. Happens all the time. We built Interstate 30 here, and they say, oh, yeah. We're gonna create all kinds of jobs. They're gonna be twenty four hours because they're gonna have people that have to man these booths when people get off.

3:17:282

Sir, I'm sorry. I'm gonna have to stop you right there. That's our three minute time.

3:17:3196

Alright. Thank you.

3:17:322

Thank you. Do we have anybody else online that wishes to speak?

3:17:3797

I would love to. My video's been disabled on y'all side, which is okay.

3:17:422

That's okay. We just need your name, you have three minutes.

3:17:44 – 3:18:1697

Okay. Elizabeth Emerson. I live at 503 Harvey Street, and I'm here to ask you to please vote against agenda items four and five. I think changing the zoning designation for the Mayberry property would go against or I'm sorry. It's currently designated as a conservation cluster in San Marcos' comprehensive plan and preferred scenario map that took over two years to come together.

3:18:16 – 3:19:0397

And finally, after extensive communicating and workshopping, it came to fruition in just October 2024. It is designed to guide development for the next ten to twenty years, and changing it after just fifteen months would undermine the community's trust in long term planning in our city. According to the City of San Marcos, a planning and zoning committee's member, their job is to uphold the comprehensive plan established by the city. Regardless of what may or may not be developed on the property, it's irresponsible and undermining for the zoning change request to be allowed in my opinion. It is my hope that the simple reminder is enough evidence for each of you to vote against this out of town developer's request.

3:19:03 – 3:19:1497

Request. It undermines our city, its residents, its trust, not to mention months of coordination and planning between our citizens, public servants and elected officials. Thank you.

3:19:14 – 3:19:262

Thank you. Does that wrap up online? Alright. Let's repeat the consent agenda.

3:19:2695

I'll make a motion to approve the consent agenda.

3:19:2927

I'll second.

3:19:302

Motion approved by Commissioner Spillow. Give it to Commissioner Meeks for a second. Any further discussion on this item? Seeing none, roll call vote, please.

3:19:393

Sure. Michelle Rollison. Aye. David Case.

3:19:423

Luca Castillo. Aye. Murat Dunn.

3:19:443

Amy Meeks.

3:19:453

Griffin Spell. Aye. Rodney Van Niederkerke. Aye. William Agnew. Aye. The motion to approve carries.

3:19:502

All right. Brings us to presentation item number two.

3:19:533

Receive a staff presentation on the Vision SMTX comprehensive plan implementation report.

3:20:042

You're good to go.

3:20:07 – 3:20:3798

Good evening, commissioners. Andrea Andrea Villalobos with planning. So this evening, I'll be presenting a brief overview of the comprehensive plan implementation report and really progress we've made on that plan recently. The Vision SMTX comprehensive plan was adopted in October 2024. It was a multiyear engagement process, which included, 31 member steering committee, 23 subcommittee meetings, and over, 8,000 comments.

3:20:37 – 3:21:3698

The comp plan establishes the vision and goals for San Marcos and policy direction for the next twenty years, and it's really intended to be flexible, adaptable, and really guide how our community grows over time, but it's really a high level document really meant to guide decision makers. The comp plan is an umbrella document that integrates high level direction into various implementation tools, such as master plans, like the transportation master plan, new development, city streets and infrastructure, small area plans, which we have many going on now, and then also just the council's annual strategic plan as well. The plan includes seven topics shown across, the screen here, which have a total of 23 goals, a 130 actions, and 59 objectives. So lots going on in that plan. The implementation of the plan is guided by a council appointed comprehensive plan oversight committee whose charge is to review the plan actions and discuss priority actions for consideration by staff and city council.

3:21:37 – 3:22:4298

Other key steps in implementation include a staff review of all of the actions on the progress and updates on those actions and consideration of actions into our annual work plans. An annual presentation to the planning and zoning commission and city council, planning and zoning commission is happening this evening. And then lastly, key priorities identified by the comprehensive plan oversight committee to be considered by council into their strategic plan that occurs and is worked on every January. So there are a variety of methods to implement those 130 actions over the next twenty years, including regulatory initiatives like updating the development code, infrastructure projects like adding bike lanes to some more city streets, and then creating resources like a small business guide as well. The annual implementation report is in your packet and provides a status update from staff on all 130 different actions, including the lead department, progress status, updates or comments on the progresses made, and then also metrics as staff begins to explore how do we keep track of kind of progress over time.

3:22:44 – 3:23:0998

So the comprehensive plan oversight committee identified eight top priorities for 2026, which are provided in a committee recommendation resolution, which is in your packet. And you'll see mister Robert Eby over here at the podium. He is the chair of our comprehensive plan oversight committee, and he's actually gonna present the next couple of slides on the committee's behalf and just kinda give a quick highlight of the implementation progress. So I'll hand it over to you.

3:23:09 – 3:23:5699

Thank you very much. As Andrea said, I'm Robert Eby, and I have the distinct honor of being the current chair of the comprehensive plan oversight committee. As already mentioned, our job is to uphold and advance the actions that are stated in our prestigious comprehensive plan. The first priority the committee prioritized was transportation1.1 to update the 2018 transportation master plan to be consistent with the preferred scenario map and address current current transportation issues. As part of the TMP update, the committee also recommended that t r 2.2 and t r 3.8 be prioritized for discussion within the TMP update process.

3:23:56 – 3:24:5599

This includes evaluating the need for a city staff position to manage transportation demand management programs and to ensure the safe crossing options under I 35 corridor and other major roads that connect neighborhoods and residents. A few key considerations from the committee on this t o 1.1 is that we wanted to stress the importance of the transportation policy on both existing and future residents as well as the importance of transit to be connected to regional transit partners. We also want to stress the importance of evaluating pedestrian and bike crossings for safety improvements at key intersections and longer blocks. The details of these can be found on the resolution. The current status of these items, is that city staff is actually kicking off a transportation master plan update process, and the transit master plan is also currently being updated.

3:25:01 – 3:25:4799

Under land use, the next priority we identified is to create a tool to analyze the fiscal sustainability of new development proposals, which I think would be a relatively useful tool discussion. If we had this tool, which I will emphasize does not exist, I am sorry. The committee is interested in exploring budgetary impacts of development on infrastructure, utility capacity, and rates, and the environmental costs of development. The committee discussed the importance of this tool to evaluate the cost benefit of development proposals with regards to the city's fiscal health to inform city decisions. Decisions.

3:25:47 – 3:26:4699

Education on long term fiscal sustainability and return on investment will be an important component of implementation. Implementation of this item will require a consultant to support the development of the tool and to assist with education and be a collaborative effort with multiple departments. Housing and neighborhoods 4.3 discusses coordinating land use and transportation planning with proposed development to ensure safe and convenient connections to multimodal infrastructure networks from residential neighborhoods. A key factor of safe and convenient connections is proximity to goods and services. The committee stresses the importance of multimodal connectivity to neighborhood centers and chain and changes to the development code, transportation master plan, and the transit master plan.

3:26:46 – 3:27:3499

All three of these plans are currently in progress. The next priority is h n or housing and neighborhoods 1.1 to update review and adopt a housing action plan. The committee stresses the importance of adopting a plan to address housing affordability challenges and emphasizes the topic of availability of diverse and adaptable housing, aging in place, and empowering incremental development as part of these discussions. Staff city staff are currently reviewing and updating data in the draft strategic housing action plan that was developed in 2019. The updated plan will include new data and opportunities for a public input.

3:27:42 – 3:28:3499

ECD or economic development 2.1 discusses protecting and promoting land uses that support targeted industries, support diversification of the city's tax base, and enhance economic development by using tools such as intentional infrastructure planning, recruitment, and the use of the land entitlement process. Implementation should include a balance of both retention of small business and talent alongside the attraction of new business. Implementation is being explored through a future update to the economic development policy, and city staff are exploring a method to track private investments and physical impacts to the city. And I will put a side note. The, there is currently an economic development director position that's, being filled.

3:28:38 – 3:29:3099

And the final, priority that we wish to emphasize for the next year is environmental 3.4. ENV 3.4 encourages developers to implement green building practices and conservation style development. The committee supports cluster style development types that preserve, enhance, or augment the green belt network. We also discussed regulatory incentives that may be needed for the implementation of a green building policy and that city capital projects should also implement green building and sustainable site standards as a model and as a leader of this green building policy. Implementation is being reviewed as part of the planning area district and the development code update and is also addressed in the draft historic preservation plan.

3:29:3199

And that's the priorities that we identified for this upcoming year. Thank you.

3:29:38 – 3:30:0398

Thanks, Robert. So this presentation is also going to be provided to city council on January 20 and will serve as a resource for city council during their visioning process. Implementation worksheet is also on the city website and it's in your packet if you want to kind of look at some of those items as well and then we'll be coming to you every single year. I mean this concludes our presentation I'm just informational and so no action is needed this time. Thank you.

3:30:042

Does the commission any questions? Does the commission have any questions for staff at this time? All right. Seeing none, we'll move on to public hearing, item number three.

3:30:15 – 3:30:323

CUP twenty five sixty eight, Stoner's Pizza Joint, hold a public hearing and consider a request by Toby Toby Lee May on behalf of Stoner's Pizza Joint for renewal of a conditional use permit to allow on premise consumption of beer and wine located at 748 North LBJ Street 102.

3:30:322

We'll open public hearing.

3:30:34 – 3:31:13100

Good evening, commissioners. Caitlin Buck with planning and development services. The subject property is approximately one third of an acre and is located on the Southeast Corner Of Forest Drive and North LBJ Drive. The subject business is an existing restaurant. The subject property is owned community commercial. The current CP expires on January 14. No changes have been made to the site plan or floor plan. Staff recommends approval with the following conditions. The permit shall be valid for three years provided standards are met. No outdoor amplified music shall be permitted after 10PM, and the permit shall be located in the same area and manner as the certificate of occupancy. These conditions are unchanged from previous approvals. That concludes my presentation.

3:31:16 – 3:31:302

Thank you. Would the applicant like to speak in favor of your permit at this time? So you may come to the podium. That is okay. Anyone else in the chamber's wish to speak? Anybody online wish to speak? All right. We'll close the public hearing.

3:31:3095

Mister chair, I'll make a motion to recommend approval of CUP twenty five sixty eight with staff recommendations.

3:31:3761

I'll second.

3:31:382

Alright. Motion to approve by commissioner Spells, seconded by commissioner Brillison with staff recommendations. Any further discussion on this item? Seeing none, roll call vote, please. Sure.

3:31:473

David Case. Aye. Lupe Castilla.

3:31:493

Mariah Dunn. Aye. Amy Meeks.

3:31:513

Griffin Spell. Aye. Rodney Van Odekirke. Aye. William Agnew. Aye. Michelle Brillison. Aye. The motion to approve carries.

3:32:012

Brings to item number four, which is now number six.

3:32:07 – 3:32:413

Item number six, ZC twenty five fifteen, 1537 Post Road SF6 to CD4, hold a public hearing and consider a request by Shelton Eubanks on behalf of Miguel and Eva Rosales for a zoning change from single family six SF six to characteristic four CD four or subject consent of the owner another less intense zoning district classification for approximately point two nine four acres comprising Lot 5, Block 1, and the W. N. Gopherth First Suburban Edition, generally located on the Western side of Post Road, approximately 100 feet southwest of the intersection between Post Road and Eulen Road.

3:32:422

We'll open the public hearing.

3:32:46 – 3:33:01101

Evening, everybody. Julia Cleary, senior planner. The request this evening is for a zoning change from single family to character District 4. The site is located on Post Road, just across from the intersection with Road, and it is currently within the city limits. Next slide.

3:33:03 – 3:33:33101

So this site currently contains one single family structure in terms of surrounding uses. We have single family residential, multifamily, open space. And also, of course, you have the railroad across the street. This is effectively proposing to be part of the same application of the Bismarck townhomes, which the commission approved from single family six to CD4 back in February. They were part of a request during the comprehensive plan.

3:33:33 – 3:34:04101

The developer actually worked with the city to get those lots changed to mixed use low. And this is kind of a remainder track that wasn't included in the application, but is proposing to come in now to effectively join that wider development. Next slide, please. So the site is currently zoned single family six, SF6, which is kind of exactly what it says on the tin. It allows for single family uses, accessory dwelling units with limited home occupation, and civic uses.

3:34:04 – 3:34:41101

And they are proposing character District 4, which allows for a variety of residential uses, smaller apartments, townhomes, and things like that with limited commercial uses on corners. Next slide, please. So as I said, this was part of a wider request to update as part of the comprehensive plan to mixed use low. So mixed use low are characterized by smaller commercial centers that are walkable, typically in or near neighborhoods, so residents have convenient, safe, and equitable access to services. And they should be distributed throughout the city, such as along corridors and near major intersections.

3:34:41 – 3:35:10101

Next slide, please. Per our table 4.1, Vision SMTX says the zoning district they are requesting Character District 4 should be considered in mixed use low designations. Next slide, please. As I said, Character District 4 allows for a variety of residential uses with limited commercial or mixed uses on the corner. One thing that makes it it does allow for multifamily.

3:35:10 – 3:35:51101

It does allow for apartments. One thing that distinguishes it from CD5 is currently there is a block length maximum of 120 feet. There are proposed amendments to the code that would get rid of this. But that would require a maximum unit size. So you wouldn't typically allow for large scale apartments. And it does have a height restriction of three stories. Next slide, please. In terms of environmental constraints, it is located within the Edouzak for transition zone. It is not located within the flood plain or the floodway. And it is not located within the San Marcos River Corridor or the River Protection Zone.

3:35:51 – 3:36:16101

Next slide, please. They will be required to improve the streetscapes. Block perimeter standards will be required, and utilities will be provided by City of San Marcos for their water, wastewater, and electric services. Next slide, please. And staff is recommending approval of ZC twenty five fifteen as presented. That concludes my presentation. And we do have the applicant in the room, I believe, for any questions.

3:36:182

Thank you. Would the applicant like to speak in favor of your permit at this time? Sir, if you just state your name and address, and we have three minutes.

3:36:29 – 3:37:05102

Name is Shelton Eubanks. I live at 1 New Braunfels, Texas. Is basically when we had our property rezoned to CD 4. We extended behind the neighbor's lot. And since then, the conversations with the neighbor, they would like to go to C D 4 as well. That way, we can join it as one larger property. So the Rosales had me do their, you know, the application. Application. So and Julia pretty much explained what it was. It's just a continuation of what's already there. I'm happy to answer any questions if you have any.

3:37:062

Thank you, sir.

3:37:0795

Thank you.

3:37:092

Anyone else in the chambers wish to speak? Anybody online wish to speak? Alright. Seeing none, we'll close public hearing.

3:37:1595

Mister chair, I'll make a motion to recommend approval of ZC twenty five fifteen. I'll second that.

3:37:232

We got a motion to approve by commissioner Spell, seconded by commissioner Costilla. Any further discussion on this item? Seeing none, roll call vote, please.

3:37:323

Sure. Lupi Costilla. Aye. Mariah Dunn. Aye. Amy Meeks. Aye. Griffin Spell. Aye. Ronnie Van Odeberke. Aye. William Agnew. Aye. Michelle Perlison.

3:37:4060

David Case.

3:37:413

Aye. The motion to approve. Curious.

3:37:452

Okay. Any points to our bylaws? It's 10:00. We will consider a motion to what is the proper wording for this?

3:37:5295

Here, I'm gonna make a motion to continue the meeting after a ten minute recess.

3:37:572

Okay. Do I a motion to approve a motion to continue the meeting after a ten minute recess?

3:38:022

have a second?

3:38:0361

I'll second.

3:38:032

Seconded by commissioner Brolison. Any further discussion on the recess? Seeing none, roll call vote. Sure. Maria Dunn.

3:38:113

Aye. Amy Meeks. Aye. Aye. Aye.

3:40:32 – 3:40:452

Meeting back to order at 10:17PM. This brings us to item number five. Well, no. It's item number five, but it was 6. And so

3:40:450

4. But yeah.

3:40:462

4. Yeah. Thank you.

3:40:51 – 3:41:213

PSA 2502, Francis Harris Lane, Mayberry Data Center Preferred Scenario Amendment, hold public hearing and consider a request by Armbrust and Brown, PLLC, on behalf of Highlander SM1 LLC and Donald and Germaine Tough to amend the preferred scenario map from conservation cluster to commercial employment low for a 199.49 acres of land more or less generally located on the Western side of Francis Harris Lane South of the intersection between Grant Harris Road and Francis Harris Lane in Hayes County, Texas.

3:41:212

Let's open the public hearing.

3:41:24 – 3:41:45101

Evening, everybody. Julia Cleary, senior planner. So this is a resubmittal of the preferred scenario amendment PSA 2,501 for a proposed data center, which was brought to the Planning and Zoning Commission last year. The site is approximately 200 acres and is located on Francis Harris Lane. The majority of the site is within the city limits.

3:41:45 – 3:42:34101

However, approximately 60 acres is still in the ETJ, and so there is also a pending annexation case being considered separately by council. In terms of surrounding land uses, we have rural residential along the northern boundary agricultural to the Southeast, and the Hayes Energy Power Plant southwest of the site on the other side of Francis Harris Lane. I will note that although the property on the eastern side of Francis Harris Lane is vacant in June, the council gave initial authorization to negotiate a development agreement for a separate data center with Seybe, and that is currently under review. There is a cemetery surrounded by the wider site, that little square in the middle there. However, that is not owned by the applicant and so is not part of this request.

3:42:35 – 3:43:08101

There are two associated cases, ZC2513 that you'll hear next, which is a resubmittal of ZC2502, which was also recommended for denial by PNZ back in March. And then the annexation case, AN2502, for the 60 acres in the ETJ, which was approved on first reading earlier this year. However, the second reading was deferred at the request of the applicant until they received their preferred zoning district. Next slide, please. So just a brief overview of the timeline.

3:43:08 – 3:43:39101

So as stated previously, in March, PNZ voted to recommend denial for PSA 2,501. Per city code, if PNZ recommends denial, a six to one vote from council is required for the item to be approved. In August, council voted five to in favor of the request. However, the motion failed as it did not have sufficient votes for the supermajority. And then in October, the applicant resubmitted a new request, PSA 20 five-two.

3:43:39 – 3:44:04101

And the nature of the request is the same. So this slide shows picture of the existing slide for context. It's taken from Francis Harris Lane looking south. As noted, it is across the street from the Hayes Energy power plant. Per staff's understanding the existing infrastructure alongside the power plant is one of the main draws for data center requests in this area.

3:44:04 – 3:44:56101

Next slide, please. So the request we are discussing this evening under this item is to change the place type in the comprehensive plan from conservation cluster to commercial employment low in order to facilitate the construction of a data center. This would match the designation of the adjacent power plant, which was shown in pink on the map. So the objective of the current place type next slide, sorry. The objective of the current place type is to identify areas and to conserve and reserve for future development as a means of focusing more intense development in other areas of the community, Development that does occur within conservation cluster areas should be low impact to the natural environment by using a variety of development techniques and strategies.

3:44:56 – 3:45:43101

And the critical thing here is per table 4.1, when someone comes to request a zoning district, they may request character districts, they may request MH, manufactured housing, Centimeters commercial, which is probably our least intense commercial district, FD future development, and low intensity planning areas. So that does not allow for the light industrial request that the applicant is making in the next zoning change. The proposed designation would facilitate lower density, auto oriented retail, office, and industrial type uses primarily characterized by light to heavy industrial, warehouse and distribution, lower density office, and general commercial. Additional uses may include civic, institutional, and hospitality. And critically, this allows all special districts.

3:45:43 – 3:46:28101

So that's our commercial non residential districts, includes light industrial, heavy industrial, heavy commercial, except for manufactured housing, Character Districts 4 And 5, and employment center planning areas. Next slide, please. So the majority of the site is zoned Character District 2.5, which allows predominantly single family uses. With the exception of the power plant, you'll see on this map to the left, the surrounding, which is zone heavy industrial, the surrounding land is predominantly located outside the city limits, and so it's subject to zoning. There are no known environmental constraints on the property that you'll see on the map to the right.

3:46:28 – 3:46:56101

It is not located on the floodplain or floodway. It is not in the San Marcos River Corridor, the River Protection Zone. And in addition, I would note the applicant applicant did progress some of the way through the permit process for a single family subdivision for the land, which is zoned CD 2.5. And as part of that, they had to do an environmental assessment with their phase one watershed protection plan, which concluded that there were no federally endangered species within the site. Next slide.

3:46:59 – 3:47:25101

So here we have the city's thoroughfare plan and the water waste water map. Grant Harris Road, I will note along the northern boundary, was identified by the city as a thoroughfare in our transportation master plan. And so the developer would be required to incorporate it into their development at the time of plotting. That's a separate process. Somebody wished to amend the transportation master plan, that would be done separately.

3:47:25 – 3:48:11101

To the right, you will see the city's water and wastewater map. One thing to note is that the site is in the CCN for Crystal Clear and not the city, and so the water would be provided by Crystal Clear. Although I will note that per data obtained from Crystal Clear's website, their water is sourced from the Edwards Aquifer, Lake Dunlap, Carisco, Wilcox Aquifer and the San Marcos River. Staff have not had any correspondence with Crystal Clear regarding this data center project, however, prefer the applicant the intent to use a closed loop water system that can be accommodated by the amount of water that was previously agreed upon to serve the single family subdivision. Next slide, please.

3:48:14 – 3:49:06101

So the applicant has stated that they are amenable to certain restrictive covenants. And a draft of those covenants are included in your packet for reference because they're part of the application. The applicant is proposing a prohibition on warehouse and distribution and waste related services, which are typically allowed under light industrial zoning. And if a data center is developed, water center water usage at the site will not exceed two thirty five LUEs or 75,000 gallons per day, which would be achieved through a closed loop water system which recirculates the water to cool the servers. Drainage facilities would be designed and constructed so that the rate of runoff from the site after construction shall be 10% less than the runoff prior to construction for two, ten, twenty five, hundred year storm frequencies.

3:49:08 – 3:49:54101

And in addition, the draft also references worker protection provisions in accordance with state and federal law and a statement that water quality facilities will be constructed that meet a TSS or total suspended solid removal requirement of at least 80% of the site. Next slide. And then additionally, in the restrictive covenants, impervious cover would be limited to 70% compared to 80% that's permitted under the light industrial zoning. Building would be LEED certified, and the sound at the property line shall not exceed 75 decibels. So for contrast, current city code limits noise to 85 decibels between 10AM and 10PM and 75 decibels between 10PM and 10AM.

3:49:54 – 3:50:28101

I would like to reiterate to the commission that although the draft restrictive covenants have been included in your packet as part of the application package for reference, restrictive covenants are fundamentally under the purview of city council. However, any specific suggestions or requests made by the commission will be included in the meeting summary in the staff report, which is then forwarded to council. So this is the timetable following PNC's recommendation. It will then go to council for two public hearings with a second reading in March if it is approved. Next slide, please.

3:50:30 – 3:51:01101

So as we did at our last meeting, I am going to present the next few slides, which were presented by the city manager's office to counsel during the August meeting for PSA 2501. And so we're also providing them to P and Z for added context. I will note that where feasible, figures have been updated to reflect current data. Next slide, please. So the first slide section pertains to noise and impact on adjacent neighborhoods.

3:51:01 – 3:51:31101

Next slide. This is a map of three seventy existing and planned data centers located in various cities and counties across Texas. Next slide, please. As shown on the map next slide, sorry. As shown on this map, over 180 data centers are located in the Dallas Fort Worth area, about 150 in Houston market area, nearly 50 in the San Antonio market area, and 36 in the Austin market area.

3:51:32 – 3:52:06101

You have heard public concerns raised about noise from data centers and some of the related health effects. The most frequently cited example is Granbury, Texas, which has generated significant complaints and has become the poster child for data center noise problems. Granbury has an air cooled facility, which is not proposed here. Next slide, and then next slide again, please. Closer to home, here is an existing data center complex located within the San Antonio city limits.

3:52:07 – 3:52:39101

These four data center buildings are located directly next to a single family neighborhood and also adjacent to a school in the Westover Hills community in San Antonio. Next slide. It is important to note that data centers vary widely in their design, equipment, layout, and cooling technologies. From a visual and noise standpoint, you can see structural walls built around their outdoor generators. Through an open records request, it was determined that there were no noise complaints on record for this particular site.

3:52:40 – 3:53:13101

I would note, however and I think this was spoken to during the Citizen Common period that this is just one type of data center. And there are data center site layouts which which are substantially larger in scale and power usage than this example. Next slide, please. So the proposed site is directly adjacent to Hayes Energy plant, which is zoned heavy industrial and already produces some periodic noise. There are already restrictive covenants in place on the Mabry property, which was planned for a residential subdivision to help protect new homeowners from noise from the power plant.

3:53:13 – 3:53:55101

Next slide. From a land use perspective, the question before you is whether it's more appropriate to place four seventy single family homes on a or a data center next to the power plant. While some may wish for a third alternative, the property is already zoned and entitled for single family homes. The decision before you tonight is whether to allow industrial zoning instead. Next slide. Now we will discuss water and energy demand. Next slide. Historically, many data centers have used evaporative cooling systems which require significant amounts of water and lose much of it as steam. The project before you tonight has committed to a closed loop, non evaporative cooling system. Next slide.

3:53:57 – 3:54:28101

Using a closed loop system, the proposed data center's allocation is 75,000 gallons per day or two thirty five land use LUEs or single family homes. By comparison, the residential subdivision that can be built already had more than twice this water contracted and allocated by Crystal Clear Special Utility District. Next slide. Actual daily usage was stated as 4,000 to 7,000 gallons per building across five buildings. This equals 20,000 to 35,000 gallons per day.

3:54:29 – 3:55:04101

By comparison, the four seventy home subdivision would use considerably more water, at least twice as much even under drought restrictions. So in practical terms, the data center would use less water from our local water supply than the residential subdivision alternative. Next slide. Concerns have rightly been raised about the large power demands of the data center industry and the water used to generate that power. ERCOT and transmission service providers such as LCRA manage grid connections by evaluating whether there is adequate generation and transmission capacity to a data center site.

3:55:04 – 3:55:27101

Data centers are placed in a queue for approval as power and transmission capacity or system upgrades are identified. The graphic on the right was taken from the ERCOT website and shows different electricity services across the state. The water used to generate power varies widely depending on the power source. Solar and wind power uses little to no water. Natural gas plants may be water cooled.

3:55:27 – 3:56:03101

Think cooling towers, which are losing water to evaporation. Or air cooled, think air cooled gas turbines using no water. Because of this mix of power generation sources, it is impossible to identify the actual source of water or calculate the exact amount of water that would be required to generate grid power for this facility or any other customer on the ERCOT grid. However, it is clear that some power generation facilities across the state do use significant amounts of water. This is one reason why some suggest the data center contract directly with Hayes Energy, which uses reclaimed wastewater with the city of San Marcos for cooling.

3:56:03 – 3:56:32101

Next slide. Next, we will talk about financials. Next slide. The city faces growing financial challenges, including state imposed revenue caps, declining commercial and residential property values, declining sales tax revenue, increased costs from state mandates, and increasing population to serve. Combined, these factors are projected to lead to large budget shortfalls, which will ultimately mean reduced services for residents unless new revenue is identified.

3:56:32 – 3:57:06101

Next slide. Property tax revenues from the proposed project are generated from the land and the buildings, which typically increase in value over time, and the servers and other equipment housed in staid, which depreciates over several years but are eventually replaced. This project anticipates a minimum investment of $1,500,000,000 on the 200 acre site. The chart includes a 500,000,000 billion dollars and $1,500,000,000 tax revenue projection. So you can see the amounts of revenue to the city, school district, and county.

3:57:06 – 3:57:52101

Next slide. So to summarize, next slide. For a data center that is proposed to be built within city limits, we have the ability to regulate and limit on-site water use to achieve higher levels of flood and storm water quality protection, the ability to regulate noise, and finally, the ability to capture tax revenue to fund city services for our residents. However, whether a data center is built within the city, in the county, or somewhere in the region, every new data center that pulls power from the ERCOT grid continues to strain an already strained state electric grid and will require some level of water to generate power somewhere in the state. So I'm going to go back to the planning staff presentation.

3:57:52 – 3:58:25101

Next slide. So staff is recommending approval of this request as presented. This recommendation is predominantly based on the fact that the majority of the property is currently zoned for single family, and the proposed light industrial zoning in the associated zoning case is considered to be more compatible with the adjacent heavy industrial power plant than a single family neighborhood. That concludes my presentation. We have the applicant and I think many other people in the room wishing to speak. Thank

3:58:2561

you. You.

3:58:27 – 3:58:492

You. Would the applicant like to speak in favor of your permit at this time? Can you please state your name and address? We have three minutes.

3:58:52 – 3:59:126

You. Mike Whelan, 100 Congress Avenue, Austin, Texas chair commissioners. I want to address two related questions that are both reasonable and important. How long this facility lasts, and what happens as technology changes, and how that value is assessed. Julia just covered that a little bit.

3:59:12 – 3:59:426

First, on lifespan, the tax revenue begins once each building is completed and placed on the tax rolls. Because construction is phased, revenue will accrue incrementally building comes online. Modern data centers are not short lived facilities. The building shell itself is a long duration asset designed to last multiple decades, far longer than conventional industrial buildings. What changes over time is not the structure, but as was just noted, the equipment inside.

3:59:42 – 4:00:066

And that distinction matters. The servers, racks, and supporting systems and data centers are static assets. They are refreshed on regular cycles driven by technological innovation, not physical decay. Hardware is replaced, density increases, and efficiency improves. In other words, the facility evolves continuously rather than aging into obsolescence.

4:00:06 – 4:00:316

So this leads to another important point about the assessed value. Because data centers behave very differently from most industrial uses, most industrial facilities follow a familiar pattern. You build them, they peak in value on day one, and from that point forward, they depreciate. Equipment ages, productivity declines, and over time, the tax base slowly erodes in a typical industrial building. Data centers do not follow that pattern.

4:00:32 – 4:01:086

Because the equipment inside a data center is routinely upgraded, the business personal property is continually re reported and revalued as technology advances. The capital invested inside the building is renewed rather than allowed to run down. From an appraisal standpoint, that means this is not a shrinking tax base, it is an evergreen one. Instead of steady depreciation, the reinvestment inside the building causes ongoing reinvestment that sustains and grows assessed value over the life of the facility. That makes it a far more durable and predictable contributor to the tax base over the long term.

4:01:09 – 4:01:446

Finally, on the question about obsolescence, if technology changes, the response is not abandonment. It is retrofit and reuse. These facilities are designed to adapt even in some distant future for facility wherever to cease operations, the building itself remain a high quality service ready industrial asset capable of reuse or redevelopment under existing regulation. The conclusion is straightforward. This is not temporary use. It is a long lived, continually upgraded facility that aligns well with long term land use planning and provides a stable, renewable source of assessed value for the community. Thanks.

4:01:452

Thank you, sir. Mister Swank, could you please get your name and address

4:01:4921

in three

4:01:50 – 4:02:155

minutes? David Swank, Dallas, Texas. I would like to just speak for just a moment about the fairness issue on the electric grid and demand in as a whole. In Texas, as many of you know, large data centers are subject to what has recently been passed as Senate Bill which requires on-site backup generation capable of supporting operations during grid emergencies. This is not voluntary, and that's very important to note.

4:02:15 – 4:02:415

It is not optional. It is a statutory requirement under state law. What that means in a very practical terms, during winter storms or during extreme heat time frames or any particular type of event, this fills this facility is designed to operate independently of the electric grid. It does not compete with residents of electricity. When backup systems are running, the facility is not drawing power from the homes.

4:02:41 – 4:03:275

It is reducing demand at precisely the moments when the grid is most vulnerable. And this is one of the benefits that really data centers provide because it begins to create the elasticity in the grid that the grid is needing so desperately today. It's also worth noting that Senate Bill six passed with large bipartisan majorities in both chambers of the Texas legislature, and it was supported by the Lone Star chapter of the Sierra Club. In other words, this law was crafted not just with economic growth in mind, but with grid reliability and environmental responsibility front and center. The goal was to require major financial commitments from large users, improve ERCOT's demand forecasting, and ensure that facilities like this actively support grid stability during emergencies.

4:03:27 – 4:04:075

In addition, ERCOT increasingly relies on curtailment. What I mean by curtailment is dropping the load. In other words, the load goes off the grid. And demand response programs as one reliability tool. Large facilities like this are engineered specifically to participate in those programs. And this is an important note, shedding load or operating off grid when directed prevent, not create, but help prevent brownouts that have been brought up this evening and blackouts. That capability is not incidental. It is designed into the project. So this directly answers the fairness question. This project operates under strict requirements, more strict than residential.

4:04:08 – 4:04:295

It pays for its own infrastructure. It installs redundant systems. It is interruptible when necessary, and it is regulated and monitored under ERCOT and state law. The idea that a data center would somehow keep power while residents go without is simply incorrect. Under Texas law and grid operations, facilities like this are designed to take pressure off the grid during emergencies, not add to it.

4:04:30 – 4:04:555

So to be clear for the record, the project complies with Senate Bill six. It complies with ERCOT reliability protocols. It does not increase rates. It does not crowd out future growth, and it does not put residents at risk during extreme events. Instead, it represents a privately funded, highly regulated investment in resilient infrastructure that supports hospitals, emergency services, utilities, and everyday digital activity. Thank you very much.

4:04:562

Thank you, sir. Mister Mayberry, name and address, please. We have three minutes.

4:05:00 – 4:05:234

John Mayberry, 2505, Austin Lane, Austin, Texas. I wanna focus on three simple points on the zoning front. First, this is the right use for this location. The site sits next to an existing heavy industrial zone power plant at the convergence of major power, gas and fiber infrastructure. From a land use standpoint, this is exactly where light and industrial uses belong.

4:05:23 – 4:05:464

Second, the alternative development is a worse outcome from the city on every metric. Today, this property is entitled and zoned for single family subdivision. Let's be clear, this is not zoned conservation cluster. It is zoned already CD 2.5. That use means significantly more water demand, far greater demand for city services, no jobs, and a fraction of the tax revenue.

4:05:46 – 4:06:284

Third, if data centers are coming to this particular node of infrastructure, and they are, this is the right way to do it and for the city to set the gold standard. The question isn't whether these facilities will be built, the question is whether they locate inside city, subject to city regulation, or whether they get pushed into the county where the city has no control and receives no benefit. With this project, via the restrictive covenant that's included in your packets and summarized in the handouts, the city gets protections, commitments, union labor engagement, environmental standards, and tax based support that simply does not exist outside city limits. Think of what this means for other data centers coming to the area or even the broader data center industry. San Marcos will be putting a stake in the ground such that standard.

4:06:28 – 4:06:564

Any neighboring jurisdiction can look at data center developer in the eye and say, why can't you make the commitments that were made in San Marcos? This is an opportunity for San Marcos to lead. Now it's important to emphasize once again the facts about the water on this project. Water service will be provided by crystal clear under established CCN boundaries through existing water supply contracts. The allocation for this site was originally sized for residential development, which would have required far more water for daily household use in irrigation.

4:06:56 – 4:07:174

A data center is fundamentally different. This facility uses a closed loop non evaporative cooling system enshrined in the restrictive covenant. Actually, actual water use will be substantially lower than what the property was already entitled to use. Like I said, that's in the restrictive covenant. City staff has consulted with other cities about the impact of data centers and confirmed that there's been no formal complaints in comparable facilities.

4:07:18 – 4:07:494

So what you have before you is not a risky or speculative proposal. It is a change from a by right residential outcome to a lower impact, infrastructure appropriate use that is compatible with the adjacent power plant with enforceable operating conditions, lower water use, lower water use, fully funded infrastructure and long term fiscal benefit to the city. We stayed engaged. We've worked through the process. We've worked with staff in the community to put real commitments into writing that are binding. And for this reason, we think this zoning and amendment is appropriate. Thank you.

4:07:49 – 4:08:062

Thank you, mister Mayberry. We will now open this one up to the chambers for a public hearing. I will list four names at a time. If you would, please come to the podium. Jose Lozano, Mary Littlefield, Devine, Tory Martin, and Charles Secting.

4:08:102

You may speak as first come, first served. And please state your name and address. We have three minutes.

4:08:19 – 4:08:3237

My name is Mary Littlefield Devine. And as I've already mentioned, I live in Hays County. And I am a goat farmer. I have ag exemption on my property. I'm very near this proposed development.

4:08:32 – 4:09:1337

I am confused about a lot of things because I'm hearing conflicting information. One, this is supposed to be like a low employment setting, but then we're also being told that it's gonna be bringing jobs. And I think that's creating a little bit of confusion. Also, I'm concerned because the, zoning for light industrial may not be the appropriate zoning for this facility. There's a lot, to consider regarding the reality that the energy demands and the capital investment, though it is a low employment setting, bringing very few jobs to our community for the long term because many of those people will be working remotely from other areas and not necessarily paying taxes here.

4:09:13 – 4:10:1037

But at any rate, why are we considering this as light industry, light industrial, when in many communities they have to rezone to create their own zoning for data centers because they don't easily fit into any specific zoning. And I think it just opens up the possibility for slippery slope where we aren't really clear on what kind of industry is coming here and what the requirements are. So I'm concerned about those things. I've spoken again and time again about the impact on the agricultural region, on our waterways, on our livestock, on our health, on the impact of mental and physical health regarding insomnia, anxiety, cognitive dissonance, on cardiac events, on respiratory events. And this whole idea that this is such a bed of roses when it's actually going to kill us to some extent.

4:10:11 – 4:10:2837

I have provided CPR to a loved one, my husband, who did die anyway. If you want to find out what that's like, you can ask personally. I'm really not interested in living in an environment that increases the risk that that could happen for me again. So I, again, oppose this. And I feel that it is very confusing.

4:10:29 – 4:11:0137

There's a lot being floated out there that isn't necessarily true. And we know from national data that absolutely this impacts the local water supplies, the brownouts, the surge fires, and other events. And this is not something that is just gonna be overcome because Mayberry says so. It's reality. So please keep us in reality so that we continue to be safe and protect our loved ones, our investments, our ag land, our ag exemption, our livestock, our wildlife, our children, our family members, our loved ones, and our community.

4:11:02 – 4:11:2437

Please stay with the plan that you spent so much time developing. I live outside city limits. I wasn't personally involved in that. But let's stick with a community that's sustainable and represents our value system, not those of outside investors who who aren't going to live here and get all the environmental impact, mental health and physical health impact that could just be devastating to our lives. Thank you.

4:11:24 – 4:11:372

Thank you. Come on, guys. Let's get back to it. Where where did we go? Mister Lozano, you please state your name and address, and we have three minutes.

4:11:37 – 4:12:188

It's Jose Lozano, 1125 Blue Oak, San Marcos, Texas 78666. I think everything's been discussed already to this point. It's not a lot to add. The only thing I guess I wanna add is I know water is the biggest concern here. Crystal Clear has the infrastructure and also have the water rights of what the data center is asking for. It's not like they don't one, don't it's not like they don't have the infrastructure or they don't have the water rights. It would be completely different if that wasn't the case. Meaning that whatever comes to this area is gonna be using that water anyway. It could be this data center. It could be the houses.

4:12:18 – 4:13:038

It can be whatever it comes to this area. That that same resources for water and power are there for, to be used by somebody. There's I know it's been said before, data centers are coming to the area. Right? And, and in the county, there's a lot less regulations. Here in the city, biggest thing is, watershed protection and also, building permits, which is the county doesn't have. So, that's a big, big thing that the city would be able to regulate, which, I and I'm not saying this is stopping from one coming in the county. Right? That's that's that's not the case. But if three come to the area and we can regulate one, it's a huge win for the city of San Marcos plus getting the tax benefits. Thank you.

4:13:032

Thank you, sir.

4:13:16 – 4:13:5416

Tory Martin, 1301 York Creek Road, New Braunfels, Texas, the Hays County. I clearly wasn't built for this in public speaking, but I'm pretty good at riding a horse and raising them, treating people and animals with respect and the land and the community with respect and valuing most things over money. But when someone comes in and disrespects the land, takes advantage of elderly people and lies, sometimes we must do uncomfortable things to defend what is right. I hope you can see he's working really hard to get rich, and I'm working really hard to stay poor. I'd like to ask you how you would feel seeing your home on a PowerPoint every month for the whole city for the past ten months and feel like you are not being seen and considered.

4:13:54 – 4:14:1816

But maybe you're being told on P and Z not to feel. But if you're not supposed to take in consideration the community's outcry, why do we have a citizens comment period during planning and zoning if you're not supposed to consider it? So it's not gonna be good enough for you to say that you're not voting on a data center, you're voting on just the zone change when we've been watching a presentation for almost a year on this data center. So let me try to help untie your hands for you, PNC. This is spot zoning.

4:14:18 – 4:15:1616

Spot zoning is the practice of applying different, often incompatible, out of step zoning with all surrounding land use, strictly to benefit the landowner at the expense of the surrounding community or comprehensive plan. In Texas, spot zoning becomes unlawful if it is arbitrary, discriminatorily unreasonable, it doesn't serve the public's health, safety morals, or general welfare. It is often illegal if it is unjustified, unreasonable change that disrupts the neighborhood character, increases traffic noise, or unfairly harms adjacent property owners, often leading to legal challenges. It is permissible if it aligns with the community's comprehensive plan, overall city's master plan, offers a public benefit, and isn't just for a single landowner's private gain, which this does not fall into, making this zoning change unlawful as it would be considered spot zoning and it does not provide a service to the public. That is why I'm confident in telling you this does not match the land use code and goes against the City Of San Marcos' values in the entire comprehensive plan.

4:15:17 – 4:16:0116

I can barely sleep at night, but at least I can know and say I did everything I could to stop this to my home. How are you gonna sleep? Will you sleep better if you're bullied into changing your vote? Knowing you played a role in the greatest misuse of stewardship of San Marcos' Edwards Aquifer. Jim Garber said, if we're making decisions based on money, what does that make us? Respectfully, I'll tell you what that makes you. It makes you a sellout. It makes you a sellout with land that is not yours to sell out. You've heard don't mess with Texas. It's not a threat. It's our straight slogan, and we are supposed to abide by it and respect it and protect it, but instead we are neglecting Texas. That's reminiscent of treason. You owe this town an alliance. This would not be protecting it nor preserving it. This would be a betrayal, and there's nothing more unpatriotic than this.

4:16:01 – 4:16:1516

None of these hogwash answers have been good enough for me, and they shouldn't be good enough for you, and they shouldn't be good enough for San Marcos. San Marcos deserves better. Thank you, and I'm so thankful to that community out there. It means so much to me. Thank you.

4:16:19 – 4:16:412

We'll call on Charles Secting one more time, Russell Caroceli, Matt Gonzales, Frank Ziemer, and Jerry Margarite. Sir, please get your name and address. We have three minutes.

4:16:41 – 4:17:1347

Good evening, commissioners. Once again, my name is Matt Gonzales, business manager, Labors Local ten ninety five, one seven nine one seven Basketflower Bend. I won't belabor the topic you heard earlier, some of my comments and advocacy for this project in the way of good wages and careers along with benefits that it would provide. I want to instead take the opportunity to further clarify and let community know who we are as an organization. The Labors International Union of North America, we are a 122 years old.

4:17:13 – 4:17:5347

We have existing relationships throughout all of of Central Texas. We have a pre apprenticeship program with SAISD at Sam Houston High School, where we are providing dual credit curriculum and instruction for those students who participate in that program to graduate and have the opportunity to enter into our apprenticeship program with advanced placement. We also partner with a group of judges in Travis County for diversion programs to help those who are in the criminal justice system. We have long standing relationships with TDCJ, so we are second chance hiring. And then we also work with our military veteran community.

4:17:54 – 4:18:3047

All that to say, we are committed through and through to work with any community that we engage to provide opportunity. I also serve as a board member of Workforce Alamo. So we have long standing relationships throughout all of the workforce solution offices in Central Texas. Again, I simply say this just to share our commitment to this community should this project be approved. We will commit to make sure that any and all jobs that are created from this project will be directed to local

4:18:46 – 4:19:012

George Mendoza, Ronan Conroe, Eduardo Leva. And please correct me if I mispronounce your name. I apologize.

4:19:0147

All four of those also left, sir.

4:19:02 – 4:19:412

On a roll. Thank you. Shannon Brown, Corin Lopresito, Jordan Moser, Abigail Lindsay, Manuel Guido. I know we got some of them. Jen Corby, Bobby Levinsky, Mike Kamlander, Virginia Parker. And, sir, please. First come, first served. Would you please just state your name and address?

4:19:412

have three minutes.

4:19:45 – 4:20:0124

Thank you for the opportunity to speak again, commissioners. My name is Manuel Goodoy. I'm 4906 Green Eagle Killeen with the Labors Union. I'm here in support of the data center project. One of the most important parts of the project like this is opportunity.

4:20:02 – 4:20:3924

Union construction creates a pathway for local residents where that's someone already working on the trades or a young person graduating high school and looking for a real career. These jobs come with training, benefits, and a long term stability. They give people a chance to stay in their community and build a life here. With the developer's commitment to the union labor, this project can help bring opportunities to San Marco's residents. Please support moving this project forward. Thank you very much for your time.

4:20:402

Thank you, sir.

4:20:49 – 4:21:1526

Hello, commissioners. Bobby Levinsky, 248 Camaro Way here in San Marcos, Texas. I was one of the commenters on the comprehensive plan. I spent my own free time commenting, I think, several of the dozen of the 8,000 comments that were put in place before you adopted the comprehensive plan. It was a lengthy document that I spent a lot of time reviewing.

4:21:15 – 4:21:4426

A lot of people in the community did. We came to a community consensus on it. And within two years, you are kind of willy nilly considering a new a plan amendment that would kinda contradict the entire plan. Unsurprisingly, data centers are not mentioned in the comprehensive plan. In contrast, the comprehensive plan adopts goals to facilitate reduced energy use, water consumption, and water production.

4:21:44 – 4:22:4926

It establishes the conservation cluster place type for areas where development would be discouraged over the life of the comprehensive plan. This place type was established after the city received significant community and stakeholder input. It was developed as a concept where development would still occur within areas that are currently open space, farmland, and or otherwise undeveloped, but would ensure San Marcos retains many of these assets and maintains a high environmental quality. The intention of the conservation cluster is to preserve large areas of environmentally sensitive or prime agricultural lands while providing for clustered residential development in appropriate areas. It is only because a data center and the requisite light industrial zoning that it's requesting, it would be incompatible with the comprehensive plan the applicant is requesting a plan amendment to cure that.

4:22:49 – 4:23:3226

If the plan amendment were denied, the landowner would still be entitled to develop with a less environmentally harmful development according to the requirements of the comprehensive plan and applicable zoning category. Again, I am speaking in protest because this plan amendment should not be considered tonight. It was denied by the council less than six months ago. What do you think the waiting period is intended for? It's to avoid people gaming the system. When they needed a supermajority vote, they failed to get it, and now they're getting a second bite at the apple, forcing this entire community to do this whole thing once again. You are here for the residents of San Marcos. Please vote against it. Thank you.

4:23:332

Thank you. Miss Parker, please have your name and address, and we got three minutes.

4:23:40 – 4:24:0577

Hi, commissioners. My name is Virginia Parker, and I'm with the San Marcos River Foundation. I wanna say that I appreciate John Mayberry's communication, and I hope he'll continue to discuss the project with Smurf if it continues to move forward. So I say this very respectfully. Here are the reasons that SMRF is opposed to the changes in the preferred scenario map as well as the zoning.

4:24:06 – 4:24:5577

Today at the Edwards Aquifer Authority board meeting, they showed a total rainfall graph for the past six years. San Antonio, which has received more rain than our area, is 63.3 inches behind in rain. That's an equivalent of two years worth of rain in the past six years. The Edwards Aquifer Authority climatologist models show average rainfall going forward over the next several decades to be about average with very dry periods paused with heavy rainfall. That means less water soaking into the ground for drinking water in spring flow and more runoff leading to flooding.

4:24:56 – 4:25:3077

This is concerning because the power needed to run a data center requires huge amounts of water more than what is needed on-site at the actual data center itself. Hayes Energy uses GBRA water, crystal clear water, and San Marcos wastewater, which that part is a good thing. That is a good use for wastewater. But the GBRA water and the crystal clear water pull from the same buckets that the city of San Marcos does. One thing to note, the third data center proposed for Caldwell County will build their own power plant.

4:25:30 – 4:25:5977

It'll be gas powered, but it's using technology that does not require water for cooling. This is huge. This is what Texas should require going forward, gas for gas powered plants. For Smurf, it's all about the water. We're already in a water stressed area with a growing population. Climate change is gonna make this worse, and we don't wanna create more reasons for ERCOT to have to expand and grow the grid, further taxing our water supply. Thank you.

4:25:59 – 4:26:272

Thank you. We have Jeremy Hendrix, Caitlin Postel, Anna de France, Carl Tyler Earl. Please go, sir. State your name and address. We have three

4:26:27 – 4:27:0414

Good evening. I'm Carl Betancourt, I'd like here to, as a retired union sheet metal worker, please have you reaffirm your original PSA denial. The current designations for these tracks reflect that these sites provide the best value to the community by being used for single family homes. I ended up in Hays County because I got gentrified out of my neighborhood of thirty three years in Austin when I retired just because of the lack of housing. City council here has realized that a restrictive covenant would address the proximity to the power plant for single family homes.

4:27:04 – 4:27:3414

Extra insulation in the houses would address sound issues and provide better efficiency. This area has always supported humans with its land and water. These two elements have shaped and nourished our community and individual growth. Single family homes do more to improve community character and spirit than industrial uses. The compounding effects of families in the city living their lives will provide more income and quality of life than any industrial use.

4:27:34 – 4:28:2714

The amount of damage to access to the track for construction of a data center will cost the city repair costs way before any tax revenues reach the budget. Most empty buildings don't generate road maintenance revenue for road repair either. Changing land use and zoning would replace a community of family and friends with a business black hole gobbling limited resources. The proposed water utility, Crystal Clear, would have a new number one consumer of water by its customer base in its customer base if the data center exceeds 15,049 gallons per day. City staff estimate and backup material places projected water consumption at 1.3 to 2.3 times more than that.

4:28:28 – 4:29:2414

And then, of course, with the 75,000 gallons per day, that's even crazier. Lots of the water would only be used to flush the filters in place to remove the total suspended solids so our hard water doesn't gum up the works like it does in our homes, plumbing, and water heaters. One, one in in the Crystal Clear Water Plan, it shows, one of the conditions calling for stage four restrictions is a water level of less than 630 feet at the Edward Aquifer J 17 well. Today, that number is at 628.8. Most of the restrictions fall to residential users, and most extreme water can I think contour contour contour total contour pumping by the company is reduced by 44%, while industrial customers only have to cut back 10%?

4:29:2514

I guess small users will have to pick up slack. The other risk to our water resources is the previous five year average leak.

4:29:3469

Thank you.

4:29:342

Thank you, sir. Bring us to Peter Vane, Elizabeth Emerson, and Zachary Tyndall.

4:29:57 – 4:30:3230

My name is Zachary Tindle. I live at 614 Martin Luther King Drive, San Marcos, Texas. First, I'd like to thank you for your careful consideration in this matter tonight and at the meeting a few weeks ago. I appreciate some of the commissioners asking some hard questions about the restrictive covenant. One important question that I want to reiterate that you all actually brought up was whether the city will be able to monitor the utilities use.

4:30:34 – 4:31:1630

And let's see. I'm trying to keep this short for you all. Second, I'd like to draw your attention to a contradiction within the statements of Mr. Mabry and his team last week. And some of those points have been reiterated or sorry, last meeting. And some of them reiterated this meeting. When asked about the increased load the data center would put on the electric grid and let's remember that when we talk about electricity, we're talking about off-site water use as well. When asked about the increased load, Mr. Mabry claimed the electricity was already there. And by implication, the data center would not result in an increased generation of electricity or increased off-site water use.

4:31:16 – 4:31:4830

That's a very perplexing statement. At best, perhaps he misspoke. Perhaps he meant that the infrastructure is already there. But then that contradicts his own utilities expert who claimed that the infrastructure will grow to accommodate the admittedly great power needs that this data center will incur. So I hope that y'all can, if you're even considering this at all anymore, I hope that you can seek clarification on that matter.

4:31:49 – 4:32:2830

Don't let these miswords, contradictions slip past you. I think there has been, either through sincere ignorance on the part of some of the people pushing for this application or malintent, I can't definitively say. But there's a lot of information that we're not getting, questions that you've asked that you have not received answers for. Please press for those. Don't take vague responses. I oppose this data center and both the agenda items related to it. Thank you.

4:32:28 – 4:32:502

Thank Mr. Tindle. Don Ewalt, I will come back to you. I believe you might be online. Abby Whitsall, Diana Briggs, Rocco Moses, and Abigail Leotin.

4:32:530

May just note, sir, we only have one person online, and that's mister Jose Lozano, and I believe you spoke earlier.

4:32:582

Okay. Thank you. Does anybody else in the chamber wish to speak? Please line up and state your name and address, and we have three minutes.

4:33:11 – 4:33:40103

Lisa Pruitt, San Marcos, Texas. I'd like to thank you all for your service. You guys have been debating this and deliberating this and listening to all of us for about ten months now. I'd also like to thank this amazing community that has come before you tonight and honored our river, our sacred springs. They've honored their neighbors, the neighbors work they do on their land, their health, their well-being, and this entire community.

4:33:42 – 4:34:06103

We've also heard the negative impacts of water usage for these systems as well as the energy, the water that the energy will take to produce the use. I wanna speak to you guys about processes. So we have a policy in the city that says when something has not been approved that it takes six months to reapply. So I can't understand why this project was denied in March. It was not approved in August.

4:34:07 – 4:34:46103

And in October, they were allowed to come back in with the exact same project for an application. Who along the way waived that and who was told that that was waived? Number one. The second thing I wanna discuss is when the council deliberated on this and debated this, the the mayor and the city council all agreed to send this back to city staff to create a new zoning category because across this entire nation, communities are opposing data centers because of the water usage and all the other types of uses and impacts that they have on the communities negatively. That was five months ago.

4:34:47 – 4:35:36103

Why have those zoning categories not been brought forward to you all to consider before tonight? There are cities across the nation that have done that exact thing. I'm gonna mention a couple here in a second. Cities like Loudoun County, Virginia, New Albany, Ohio, Chandler, Arizona has specific zoning for data centers, often creating overlay districts or special use permits. And these are done to manage the impacts like power, water, noise, while others like Gaffney, South Carolina created new classifications with strict requirements for infrastructure and mitigation.

4:35:37 – 4:36:18103

So we're supposed to be so progressive here in San Marcos. Why have we not done that if other cities across the nation are doing that already? A couple of other things I'd like to mention would be, we keep talking about 400 homes or a data center. Is there nothing else in between? Do we not have a more creative minds put together to find out what other uses would be more compatible to that? So I think that that argument to me is not really valid. And also, I'm kind of curious, when did it become appropriate to discuss revenues when considering zoning changes? Thank you.

4:36:182

Thank you.

4:36:24 – 4:36:5125

Excuse me. Michael Hernandez, 722000 Oaks Loop. Don't have a speech, just have had some questions pop up that I think should be considered, and I don't know if anybody's even thought of them because I have not heard of them, anybody ask. But first and foremost, there's a cemetery in the middle of this entire proposed project. Let's say I have a loved one there.

4:36:51 – 4:37:1225

How the hell am I gonna get access to it? These data centers are highly secured. Some of them have guards with weapons. Like, what's what's the process? Like, how are people going to be able to visit their loved ones in that cemetery on a random Tuesday or a random Wednesday, anniversary of a death and a birthday of a loved one?

4:37:12 – 4:37:4325

Something to consider, something that y'all might ask since we can't ask directly. Also brought up that, let's say, that there is a grid failure and that the data centers aren't going to continue usage of the grid. They're on generators. What are the environmental effects of the generators that are going to be running, let's say, the five or six days that there is grid failure. We don't know.

4:37:43 – 4:38:2425

But there has to be some sort of environmental effect of the generators to keep those things running because if they're not running, they're losing all of their data and servers and whatnot. I'd also like to reiterate that at the moment, there's no contract with the water with crystal clear. It's nonexistent. So all of these are just hypothetical numbers and things of that nature that they want to use, but that's that. In addition, the developer decided to reiterate that it is zoned for residential because he asked for it.

4:38:25 – 4:39:0825

Well, it is zoned for residential, but I'd like to reiterate that he that's what he asked for a few years ago is to rezone it to residential. It wasn't just he didn't just purchase it residential. So we're here a few years later trying to get it to be light industrial. In city council, he said he didn't have a buyer anymore because the contract ran out. What happens if no buyers come forward? Then what? We rezone it to something else. And, you know, the Tufts land is conservation cluster. Please do not demean us and look down talk down on us as if we don't know what we're talking about. It's literally the next item. So that's all I've got, but just some questions to think about.

4:39:082

Thank you, mister Hernandez.

4:39:13 – 4:39:357

Hi. Saunders Drucker, San Marcos. I want to bring up something we haven't really talked about yet, and that is tax abatements and tax subsidies. Did you know that in 2025, Texas gave over a billion dollars in subsidies to data center development? It is the largest subsidy for any industry in the country.

4:39:37 – 4:40:237

Those subsidies go to the following, and I'm getting stuff here from the Texas Comptroller's website. Construction materials, the servers, including server replacements required every two to five years. I'm really glad you brought that up, mister Wellen. All those server replacements so it doesn't get outdated, we are going to be paying for those with our state and local tax subsidies, as well as server racks, cabling for power data, distributed data storage systems, security, surveillance, firewall encryption, fiber optic cabling to the Internet, Internet, standby power generators, which somebody brought up the standby power generators that will be run whenever it's high loads. Those are the same backup power generators that regularly violate EPA regulations in Virginia.

4:40:24 – 4:41:227

Moving on, we also pay for their uninterruptible power source systems, their power grid connections with internal switches, distributors, and redundancies, their air, air and or water based killers and cooler systems, the ventilation, humidification, dehumidification systems, the fire protection equipment, the meet me rooms where telecom traffic is managed, the operation sensor centers where twenty four seven staffing monitors and troubleshoot, as well as the lobby entrance area and shipping. If you're interested to know more about this, we can go look at the Texas Comptroller's website and see where we have given our subsidies. We pay these people to build here. That's why they're coming to Texas, because they can get insane tax subsidies and build their crazy money making facilities off of our dollar. The only thing else that I have to say is, yes, we've all forgotten that there is a cemetery there.

4:41:22 – 4:41:337

Alice Nichols is buried there. I have gone and sat out by her gravesite multiple times. If any of you would like to do so, we can. Legally, we're allowed to. Thank you.

4:41:332

Thank you.

4:41:38 – 4:42:1588

Justin James Bridges, 1318 Hazleton Street, San Marcos, Texas. It's it's still crazy to me that we are still here having this discussion. Like they said, they were turned down less than six months before they applied again. This shouldn't even be an issue. This should just be thrown out. You can do the right thing. You have the power to do the right thing. We shouldn't have to pay as a community for his bad investments. That's just that's he made a bad investment and then pushed to get it rezoned and then realized, oh, this is a bad investment. I'm gonna try to see if I can recover my money another way.

4:42:15 – 4:42:5088

Why should we as a community, all these people that are out here, all the people that have land surrounding these areas, why should we have to pay for his poor decisions and his bad investments? We are better than this. You know, they said that San Marcos has the opportunity to be the gold standard. They're 100% correct. We can be the gold standard of saying, no. We're not allowing you to have a data center here. We don't have to take this. Oh, it's either gonna be a data center or 500 homes. It got rezoned to the homes because he made a bad investment. That's not our fault.

4:42:51 – 4:43:2688

He should have to eat the bad investment. It should go back to conservation. We shouldn't be going in the wrong direction and moving it towards industrial. We should be going back and putting it back in conversation in conservation. This is ridiculous. This is absurd. To even have this discussion is a disgrace and a stain on this city's great history. We can be better. We should be better. This has to happen. We have to stop this from happening. We have to make these changes. We are the gold standard. San Marcos can be the difference. Let's make them know.

4:43:262

Thank you.

4:43:36 – 4:43:507

Hey. I'm Maxfield Baker, and you know that. I live at 314 Shady Lane here in San Marcos, Texas. Yeah. You know, so many things said so many times.

4:43:51 – 4:44:457

For one, I was glad to see the new presentation included some of the stuff that staff and the city manager's office, in particular, who seems very in favor of this project are putting in front of you. One thing that I thought was noticeable was Tyler last comments about this, like, effectively doubling the size of our city electrical load. It seems pretty odd that that's missing. I also understand, because I ran into this as a planning and zoning commissioner as well as a city council member, that you all have maybe been instructed as I was to not call on our community members that are subject matter experts to come and testify beyond just the citizen comment part. You can call them up just as you call it mister Mayberry time after time to get a better sense of what actual subject matter experts and water ecologists and all that stuff know and aren't actually just invested in making you understand or believe them.

4:44:45 – 4:45:227

Right? But that's all of the discretion of the chair, who we know was the only person to vote for this last time. So I would hope that if you all do decide to exercise that right, the chair allows for it even though he seems to be in favor of this project himself. You know, it's funny that we keep going back to how these restrictive covenants are going to be super helpful and monitored, blah blah blah. But if those are monitored only by our city staff who our community does not trust, because we have seen city staff working to further this objective through, you know, bringing this back to the agenda, etcetera, And how can we trust them to also oversee it?

4:45:22 – 4:45:527

Not to mention, when you are that far out, I have heard this from community members and from city staff directly, that our city staff, code compliance in particular, who would likely have to deal with noise stuff, does not have the staff to go out and and check on those things. Right? So here's this, you know, sound that we're not gonna we're not gonna break these decibels, but guess what? We'll never be able to check that and hold them to account. Noticeably missing in the restrictive covenants and aside from noise and use and stuff is health.

4:45:53 – 4:46:247

Data centers are new, and we're seeing environmental injustice all over the place against communities of color, against people that are lower middle income, our sorry, our farming community members. This is gonna impact them. And so until I see a restrictive covenant that says, and we will impact we will monitor the impact of people's health and animals' health nearby, I think that we're sorely missing an opportunity to actually do something for the wellness of our community. They mentioned ERCOT, which I think is just kind of hilarious in this context. Yeah.

4:46:24 – 4:46:417

That organization we all applauded for how well they did during the last winter storm and that we're held entirely accountable for all of the mistakes that they made at almost every level of that organization. Organization. They mentioned that there are no complaints against that one in San Antonio. Again, do we even know that that's a comparable project? We don't.

4:46:422

Thank you, sir.

4:46:49 – 4:47:2676

Again. Moyer McCulloch, 84 Holt Drive. I just wanted to reiterate the point that water is not the only environmental concern that we have concerning this project. Carbon dioxide is one of the most existential threats that we have to the planetary environment across the globe at the moment. And if I'm not mistaken, power plants do and AI data centers emit fairly significant amount of carbon dioxide emissions, especially if we expand the power plant usage.

4:47:26 – 4:48:0576

If they build new infrastructure for power, that would add more carbon dioxide. And then on the point of the backup generators, one person was confused or was wondering what exactly could be expelled. According to my research, they run most often on diesel, and that can lead to expulsion of nitrous oxides, sulfur dioxide, which can affect respiratory health issues and people affected by it, and also carbon dioxide. So I do believe that that causes a concern for local residents near the area and also the livestock nearby. So thank you for your time.

4:48:052

Thank you.

4:48:1122

I definitely mean when I say I didn't come here to talk tonight. I'm actually a resident.

4:48:16 – 4:48:4622

is Kevin Ivy. I live about two miles from this plant or this proposed area is at. Not a Hays County tax base payer. I live in Guadalupe County, but this is literally our next door neighbor. Truly appreciate all the folks that came up here and spoke. There's a lot of context. There's a lot of positive feedback of the community. We're all neighbors here. Right? So I I just thought I'd give it in a little different light.

4:48:47 – 4:49:2822

I'm a third generation cattlemen, so I do not understand the effects of the cattle in the livestock industry. Along those same lines, I've built data centers for twenty years. I've heard one guy say that he worked in a operating facility. Nobody's talked about building. K? So I do understand the complexities. I understand what these are. The water usage, it's real. Right? K? We're in the state of Texas. We've been talking about water restrictions, but water issues for over thirty years. When in 1992, was, you know, 12, 13 years old, I walked across the the springs in New Braunfels where we still swim, right, Atlanta Park. I walked across them. They were dry.

4:49:28 – 4:50:0422

K? We're still fighting those same issues. Crystal Clear pair myself, They have their own issues. Go look it up. I can tell you right now, I pay the highest rates of any water utility around. There's a reason for that, and it's not usage. This data center, they talked about it being a closed loop system. Before they even got up here and talked about it, I already knew that was what it's gonna be. A lot of the folks that do this, they've gone on, they Googled, they did whatever online, figured out all the consumption usage on these data centers. I've personally witnessed it.

4:50:04 – 4:50:4622

I personally built them, Virginia, Washington, the Mayo Clinic in Minnesota, all the way south. K? The cooling towers, the rapid coolers, those are the big water wasters. K? Not the closed loop system they're looking at. Does that make it right? No. The reason I got up here to speak is no matter what option we go with, it's either gonna be rooftops or it's gonna be data centers. I love the fact that some folks got up here and talked about the environmental impacts and making it a green space or whatever they envision. Right? Truth be told, it's gonna be rooftops. It's gonna be a data center. K? Put 500 rooftops there. If you've been out there, you know where this place is at, they're already cutting in another 500 rooftops across the road.

4:50:46 – 4:51:2122

They already got a thousand above that. 2,000 vehicles, what do you think the environmental impact of that is? There is nobody governing those guys. We got the trash. We got people shooting guns during the fourth of July, popping fireworks, the trucks flying by. Just this you know, just sitting back, I gotta worry about my own county fixing the roads. And I look at you guys, y'all are in budget deficit. Road improvements, municipal services, fire, water, or fire, EMS, police, that's all something you're figure out. K? That that is gonna be a huge cost. Thanks for your time.

4:51:212

Thank you, sir.

4:51:27 – 4:51:5317

Luke Kraft, 306 Craddock Avenue. Pretty tired, so I'm gonna keep this short. But to reiterate what it's been a someone said earlier about why does it have to be houses or a data center. If anything, we're experiencing a housing crisis nationwide currently, so maybe houses wouldn't be such a bad thing. I mean, people can live there.

4:51:53 – 4:52:3717

And I'm sure that there will be more jobs if there was not a data center. Jobs are disappearing. You know, we have two Buckeys within a thirty minute radius currently. Is building highways into infinity. I think one of the union members came up here earlier and clarified that they weren't being paid to be here. And I would agree with You weren't forced to take this job. You took this job. And if this data center doesn't happen, I'm sure the union won't disappear. I'm sure they'll find jobs. I'm sure people won't be starving in the streets.

4:52:37 – 4:53:2017

And if there aren't enough union jobs, then why is that? That's not the citizen's fault. That's someone else's fault. And maybe there should be more union jobs so they have options, so they don't have to take a job that is so divisive for this community and pits people against each other. Or maybe we can just leave the land be because, I don't know, ten, twenty years ago, it was fine. But all of a sudden, we have data centers are kind of a fad and a trend right now. So I think everyone's trying to hop onto that. And we just don't need it. So thank you.

4:53:202

Thank you.

4:53:35 – 4:53:5739

Thank you. Crispy Polanco. 669 Bandera Street, the Saddlebrook neighborhood. A question that occurred to me while I was sitting out there, and granted I don't know how true what I've heard is, but I do have to ask, has Mayberry even paid the Tufts for their property yet? No.

4:53:58 – 4:54:2439

Just a just a question to throw out there. Mister Whelan brought up, like, the lifespan of the data centers. Where does all that equipment go when it becomes outdated and they replace it? It goes into a landfill somewhere. What happens when it becomes not so so cost effective to update the equipment?

4:54:24 – 4:54:5039

Well, then the data center has reached its lifespan. If it costs too much to upgrade things, they just won't do it. In the in the past, Maxwell Maxfield Baker has brought up how an injunction is probably something the city will not do if the covenants are broken. The city council has already shown that they're afraid to stand up to the governor. Yeah.

4:54:50 – 4:55:2139

This is just as disjointed as the last time I tried. Sorry. Basically, the pro a problem I'm seeing here is that Mayberry and his people have not convinced the public of the value of this data center. And unfortunately for us, they only have to convince you. This is a chance not to get a data center that we have questionable control over for questionable benefits.

4:55:21 – 4:55:5139

It's a chance to say no to at least one data center. If they wanna go build outside of San Marcos, Marcos, let let John Mayberry go buy more land because I don't think he'd ever get the land he currently has de annexed. So if that's what he really wants to do, let him go do that, and spend even more of his own money. Fine by me, sort of, anyway. I don't know.

4:55:51 – 4:56:1639

This I just see this as a chance for you guys to show, last time you only one person voted to to recommend approval. Well, the city council then needed a super majority and they didn't get it though they did get a majority. So, this is just another chance for you guys to show that you're just at least that much better than the city council. Yeah, I guess that's all I got.

4:56:172

Thank you, sir.

4:56:23 – 4:56:5482

Hello. Again, Akira Utter of 121 Craddock Avenue. And I think it does take a lot for a bunch of young people, especially like myself, to come out here and talk about an issue that they are very passionate about. And I hope that that action reflects in y'all's decision and then you take the people's words into consideration. But I would like to point out a contradiction in the proposed data center plan.

4:56:54 – 4:57:2382

I think y'all said low environmental impact as opposed to the other plan that we were just talked about that we just heard a few minutes ago. That one listed out the environmental impacts and what would happen. I think it was with the transportation stuff. And I would like to see maybe a full fledged more researched list of the environmental impacts of the data center instead of just low environmental impacts. Because that doesn't really mean nothing or that's excuse me.

4:57:23 – 4:57:5382

That doesn't really mean anything. And I would also like to point out that most of the people that are for this don't really live here. They don't really live in San Marcos and won't be experiencing the effects of this data center, and they probably don't want to. So I would implore you all to really process who is here and who is advocating against this and to do the citizens of San Marcos a favor, Thank you for y'all's time. Have a great night.

4:57:58 – 4:58:2012

Hi, Gina Flemington, thirteen Dartmouth. Thank you for your patience this evening. I wanted to say a few things about public since a number of people had mentioned public health effects. I, came across a research article this morning, and I haven't had time to summarize it. So I'm just going to read off some areas I highlighted.

4:58:22 – 4:59:2412

The article is called The Quantifying and Addressing the Public Health Impact of Data Centers. It says across its entire life cycle from chip manufacturing to operation, a data center contributes substantially to air quality degradation and public health costs through the emission of various criteria air pollutants. These include fine particulate matter, which is referred to as PM 2.5. These are particles measuring 2.5 micrometers or smaller in diameter that can penetrate deep into lungs and cause serious health effects, also sulfur dioxide and nitrogen dioxide. Concretely, the server manufacturing process, electricity generation from fossil fuels to power data centers, and the maintenance and usage of diesel backup generators to ensure continuous data center operation all produce significant amounts of criteria air pollutants.

4:59:25 – 5:00:1412

Exposure to air pollutants is directly and causally linked to various adverse health incomes, including premature mortality, lung cancer, asthma, heart attacks, cardiovascular disease, and even cognitive decline. Criteria air pollutants are not confined to the immediate vicinity of their emission sources. They can travel hundreds of miles through a dispersion process impacting public health across vast regions. Further, PM 2.5 is considered non threshold, I e, there is absolutely no safe exposure level. Thus, compliance with national regional air quality standards does not necessarily ensure the air is healthy.

5:00:15 – 5:00:4612

The public health impact of AI is a highly unevenly distributed is highly unevenly distributed across different counties and communities disproportionately affecting certain, I. E, low, often low income communities. It is imperative to address the substantial health impact disparities across communities. Thank you.

5:00:462

Thank you.

5:00:58 – 5:01:141

Gina was just elaborating on the health consequences of data centers. And I want to go over some of my notes about the presentation. This isn't about count of data centers. This is not just one more data center. I've said this before.

5:01:14 – 5:01:451

This data center would be bigger than all 84 currently operational data centers between Austin and San Antonio. People die in Northern Virginia, which has more data centers than anywhere else in the world. People are facing the health consequences there. And just the track data center is supposed to come to Caldwell County is going to be almost twice all of the data centers currently operational in Northern Virginia. In March, I walked home from that meeting at 2AM feeling pretty elated.

5:01:45 – 5:02:351

I felt we're all in this together. I was looking forward to talking with Jim about it. What I took away from that meeting, some of the things y'all said was you were pushing back against this ask between what y'all called at the time a bad project and a worse project. And you said at that meeting, actually, what we're actually being tasked with is considering the land as it is and what he's proposing. I wanna say too when they say the equipment will be refreshed, that's code for a ton of e waste.

5:02:35 – 5:03:101

Also around Senate Bill six, Gina was just saying, that means you're either going to die from a grid outage or you're going to die from all the pollution from the backup diesel generators. I think it's hard for us to conceptualize the amount of emissions that these would create. And also, lastly, I want to say these are not inevitable. I realize a lot of people are starting from this defeatist position of it's going to happen, it's going to happen. But an article just came out recently that showed that 40% of data center developments that encountered sustained opposition were canceled.

5:03:10 – 5:03:551

I like to think we have a better chance than that here in San Marcos. And I think that should be evident to everyone here. I think we have a pretty good chance, actually, because we love this place. We're deeply devoted. We're building a force. And I'm sorry some of our expert folks who were here to field questions actually went home. Someone from Public Citizen came up from San Antonio. She's an expert on power plants and diesel generators and and Zane also with the Watershed Association. But we've been doing a ton of research, and we, like I've said before, know more about data centers than John Mayberry does. And it's unfortunate that he gets so much time and the city makes these presentations for him that are so strangely lopsided.

5:03:551

Another thing y'all said in March was that it's not part of y'all's job to be considering budget and considering that's like, as Jim put it, the only pro.

5:04:05 – 5:04:272

Thank you. Anybody else in the chamber wish to speak? And I take it we didn't have anybody online that wish to speak, did we? Thank you, sir. I will close the public hearing. I will make a motion to approve PSA 25 dash o two as presented.

5:04:2861

I'll second it.

5:04:322

Motion to approve by commissioner Case, second by commissioner Burleson brings us to discussion.

5:04:36104

I have a couple.

5:04:372

Commissioner Van Odekirke.

5:04:39 – 5:05:00104

And I guess the first one is for legal staff because I do listen to what people say. I listen with an open mind. One of the questions that was raised tonight is about, do do we have to wait six months after the council denied the last time?

5:05:00 – 5:05:5066

So I'm not gonna be here to debate legal issues in public, but the item is for you and your and I'll answer the question, but y'all's decision is based on the criteria and the zoning criteria. But the way we've handled things in San Marcos is most approvals require either approval, conditional approval, or denial. And it's true under typical Roberts rules, for example, sometimes an approval motion that fails could be considered as a denial. But when it comes to development applications, it's always been our position, and this has been the position for years in San Marcos, that the way the code is written, you need to have a denial or an approval. And that's how we've treated it, it's a formal denial.

5:05:5066

So I don't see a problem with that.

5:05:53104

All right. Thank you. Then probably well, just one more for legal.

5:05:5766

And of course, lawyers can always debate forever. But I don't see this problem

5:06:03 – 5:06:22104

on this The answer is probably going be the same to my second question. The city council did ask in my words, they did ask for another zoning type category, I guess. And that hasn't happened. Will that have any effect on what we're doing tonight?

5:06:2366

I'm not sure what you're getting at.

5:06:25104

I believe the council city council asked staff to come back with a different category for zoning.

5:06:33101

Sam, can I

5:06:3466

respond On to this case, yeah,

5:06:3584

I'll have

5:06:36 – 5:07:19101

There are, in our draft, code amendments, I think which Planning and Zoning Commission looked at in December and should be coming back to you next month, I believe? As drafted, there are specific uses for there's a new line in our land use matrix just for data centers. So I think as drafted, would be limited in heavy industrial. And it would require a conditional use permit in light industrial zoning. I don't know if this would necessarily apply to this particular project. But there are additional standards that are being drafted and have been publicly circulated.

5:07:19 – 5:07:5666

Yeah. And I apologize. Wasn't sure you were asking if there was a different category that's currently allowed that somebody was proposing for this. So yeah, that wouldn't impact this decision tonight. If that code amendment passes, say, this item failed for whatever reason for counsel and then a new code is passed, property owners can come and reapply under the new code as well down the line. But that would not affect tonight's recommendation or counsel's decision the next meeting because it's not in effect yet, if I'm understanding correctly what

5:07:572

So you started a great trend. I think we'll just kind of go around the table if Commissioner Brelison would like to say anything. Okay. Commissioner Agnew?

5:08:08 – 5:09:05105

Yes, something that has confused me, and actually at times irritated me, both in the staff presentation and some of the applicant's remarks, is a comparison between the various aspects of the data center and the single family home subdivision that was contemplated when the CD2.5 zoning was granted. And that does not seem to me like a valid comparison. And it's, I think, often somewhat deceptive and for reasons different than what Lisa Pruitt mentioned a while ago. As I understand it, the single family home development contemplated by the CD 2.5 zoning proved not to be feasible and got abandoned. That's what it sounds to me like.

5:09:05 – 5:09:44105

And as a result, the applicant is taking direction. And so I've kind of assumed the single family thing is moot or dead or whatever you want to call it and really not something we should even be worrying about right now. And that's just not a sound basis for comparison. But I guess and naturally, when it's been brought up, it's always been favorable to the applicant, that comparison. But the question I have, I think, for Mr. Mayberry, if, for example, this data center thing did not go forward, would you consider going back and attempting a residential development again?

5:09:474

Yes. So if we don't succeed here, that's our existing zoning, that's what we would proceed with.

5:09:56105

I mean, the experience you had the first time, doesn't lead you to believe there's still a chance you could do that successfully?

5:10:03 – 5:10:214

Yes. And I think Julia Cleary mentioned that we had actually started our construction plans and started the applications And had done the environmental studies and we're working with city engineers when this other use came up. Okay.

5:10:21105

That's slightly different than how I've understood it. Right. Thank

5:10:24104

you. Yes.

5:10:26 – 5:10:4227

Mister Mayberry. Mister Mayberry, I had just a follow-up question with that. Yes. So does that mean that that a residential area was going forward until the data centers came to you? I'm not quite sure what that all means.

5:10:424

That's what it means. Yes. That's what it means.

5:10:4427

Okay. So it is feasible that a residential area could go in there?

5:10:474

We were moving forward and spending engineering dollars on the construction plans.

5:10:51 – 5:11:1727

Okay. Well, that's thank you for clarifying. Alright. Okay. Alright. Thank you for that. Okay. I do have I wanna go back to the legal question that we were asking our city attorney. I am a little bit concerned. It just sounds like it's not being clearly followed because, you know, the city does have rules in place for how things are to proceed, procedural rules that keeps everything on the up and up, everything clear.

5:11:17 – 5:11:5027

If this happens, if a happens, you know, then b and c can happen, etcetera. It is clear that six months have not elapsed since they first came through. It is also clear that this current application is not materially significantly different from the first, which would be the only reason they could apply before the six months was over. What they have done in the application, the reapplication process, to my understanding and I do appreciate it. They've answered a lot of the questions that came up, but it's not a different application.

5:11:50 – 5:12:0427

So in my thinking, it should not even be a discussion yet. It should not even be allowed to to come to us. And I'm wondering how legal can justify that.

5:12:042

Well, without

5:12:06 – 5:12:4466

retracing the whole history, I I pined at city council at that meeting and subsequently that it it a new application can move forward. And I've I've said it that publicly. I said it to the council. And so, you know, I don't know if we wanna have a a legal debate between me and my client. You know, I mean, we can do that. But that's the opinion I gave the council at that time. And I gave that opinion that it could move forward because there was not a final denial of of that matter.

5:12:4427

So they did come to you. So counsel came to you and asked Well,

5:12:4766

in we the public meeting. I'm not sharing legal advice that I gave. This was in a public meeting. I gave that opinion.

5:12:5527

Oh, okay. So the question was asked. Is it okay if they come back before the six months time has elapsed?

5:13:0127

Oh, okay. So you then would be the decision maker because there was that term in there. And I was wondering who is the decision maker then?

5:13:07102

Well, I'm I'm the

5:13:0866

one who gave the opinion. Yes, that it would be permissible.

5:13:1227

Okay. So that's how we are where we are. So you're saying, from San Marcos' legal standpoint, we're Okay to proceed with the conversation tonight?

5:13:1966

That's correct.

5:13:2027

Okay. But it could be legally challenged. I guess everything could be

5:13:2466

legally Lawyers can debate all kinds of things. But that was the opinion I gave. Yes, ma'am.

5:13:29 – 5:14:0527

Okay. Thank you for clarifying that. One more question. And I'm not sure who. Maybe not you, maybe other staff. But it is very clear that council did give staff the directive. After they denied, they gave staff the clear directive to please come up with a new zoning. I understand from staff, thank you, that they are working on that. Staff is working on that. It seems to me very fool foolhardy, foolish on our part to be going ahead with this discussion before we have a new zoning category specifically for data centers that is actually in process of being written.

5:14:0627

I'm I'm just not sure why we're even going on with this discussion because of that as well. Is there an explanation from staff,

5:14:16 – 5:14:52101

I mean, I'll try. Someone can interrupt me if they want. From staff perspective, if we get a zoning change request from a property owner and they meet all the requirements in our code for a completed application, we're required to move forward with that. There's not necessarily an additional we can definitely recommend, and there were definitely discussions with the applicant about potentially looking at a different time scale. But at the end of the day, if the applicant, the property owner, wants to move forward with that application, we have to move forward with that if they meet our criteria for a complete application.

5:14:5227

I appreciate that. And that makes sense to me. You're just doing your job. They send you a request, and you're going to take the steps necessary to process that request. Okay.

5:15:01 – 5:15:4727

And knowing that, I'm going to speak to my fellow commissioners up here. I just feel like we should really say, Okay, let's put a hold on this because we really do want to listen to what city council remember, you guys, we follow city council. We are working at their request. We take our direction, our directives from them. If they have said, we want to see a new zoning category that data centers comfortably fit in, then I feel like we have no business overstepping that ask on their part and going ahead and making a decision without the new zoning in place.

5:15:4727

So that's what I would ask of my fellow commissioners. Maybe we should consider that.

5:15:5230

We're going to

5:15:532

just go around and we'll

5:15:54105

do I was trying to respond to what

5:15:562

Commissioner Agnew.

5:15:57 – 5:16:33105

As far as the zoning, I'm sorry, but I was trying to respond to her comment. I don't see what difference a new zoning category would make in this case. I don't think issue here is light industrial versus some other zoning category. I think the question here is data center versus no data center. And I really think a new zoning category would make any difference to any of us, except possibly yourself. But I don't think that's really the issue here.

5:16:33 – 5:16:4627

Can I respond to that? My only concern is that we do know data centers are a completely unique animal. And we don't have anything in our LDC, in our comprehensive plan that speaks to that.

5:16:46105

We are going But

5:16:4827

it's not there yet.

5:16:49105

You're correct. It's not there yet. But there is a land development code amendment proposed for that.

5:16:5327

I I know. But that's my point. I would like just to be fully informed before I vote on something that is not yet fully formed.

5:17:02105

If if I could ask you the question, I'm sorry. If we we had this new zoning district, would it make any difference to you?

5:17:11 – 5:17:4127

Yes. It might. Because I think in the new zoning, every zoning category has their own specifics. And I would like to see what staff comes up with, what council approves as an amendment to the LDC as to what and to do the zoning as to what that would say. You know, I think that it would help us it would help me feel more comfortable if I knew it fit into what we have agreed and said Marcus can be a data center. So it would make a difference to me.

5:17:42105

Okay. Yeah. Okay.

5:17:452

Commissioner Spell?

5:17:47 – 5:18:1295

I wanna follow-up on that and then have some other questions. I think it's kind of a moot point. If council gave direction that they want a new zoning category first, they can postpone it when council gets it. So council has the discretion to do that regardless of what PNC does tonight. So if council wants to wait and see for a DC's data center zoning category and wants the applicant to apply for that, they can do so by themselves.

5:18:12 – 5:18:4795

I don't think and I wasn't at the council meeting. I can't speak to that. I don't know if the direction from council was do create a new zoning category first for this project because that's very close to spot zoning. I think the direction was probably more in the direction of in the future because we may have future data center projects that come up before us to have a zoning category already ready to go, you know, down the road, know, a year from now or something so that we have a a focus about category. But I don't know if there's direction from council for this project to wait till that category was done.

5:18:47 – 5:19:1095

If it if I'm wrong, counsel could just do that when they get it. I do wanna ask staff, we had a at the very beginning of the meeting, one of the applicants there was a a term restrictive covenant that could be enforced by injunctive relief. My assumption is that's pretty much standard for most restrictive covenants. Is that true? And does the city have the ability to do that?

5:19:12 – 5:20:0066

Well, first of all, the restricted covenants have not been approved by counsel and have not been finally negotiated. They've provided a draft. Generally speaking, yes, the draft they provided does provide for injunctive relief and potential monetary damages, if I'm not mistaken, which is fairly standard. However, while it's standard, there are some complexities to a data center and at what phases those remedies would be available. And so if it moves forward and council sees fit to consider this with covenants, we would have to get into some further legal negotiations on a final agreement.

5:20:01 – 5:20:2466

So for example, when are those penalties assessed? Are some penalties unable to be assessed once it's built, for example? So it gets a little complex. So there's gonna be some layers to this if this moves forward And I understand. Before final product. But, yes, injunctive relief is the typical remedy with a restrictive covenant.

5:20:2495

Does the city have experience doing that in the past with other projects in other areas in the city?

5:20:29 – 5:20:5966

We've done agreements to that, but we've never had that I can recall and don't hold me this. I can't recall a case where we had to actually enforce something like this. We've entered into agreements that provide us injunctive relief. And that's even in contracts that we have. Certain contracts, we have the ability for injunctive relief. But we've not had to litigate in recent memory that I can recall.

5:20:5995

It is usually a pretty extreme step. We get to actually go to a judge and make an injunction against someone.

5:21:05 – 5:21:1766

That's correct. And you can get a temporary injunction, permanent injunction. And it's quite remarkable, the power of a court order. People have to stop something dead in their tracks, right?

5:21:1995

Precedent to having other restrictive covenants. Yes.

5:21:2366

We have other agreements, whether it's restricted covenant or just contracts that provide for injunctive relief. That's a pretty common remedy.

5:21:30 – 5:21:4495

Okay. And then I think one question is probably more for planning staff. One of the speakers alleged that there were tax abatements on this property. Has the applicant applied for city tax abatements or a Chapter three eighty agreement

5:21:44101

for this Not to my understanding. I believe that they were referencing there are state tax abatements. I don't know about federal, but there's definitely

5:21:5395

But they haven't applied for any city.

5:21:55101

To my understanding, that's not something that we've received in application for.

5:21:58 – 5:22:1195

And they haven't applied for those. But my understanding is they haven't applied for one. And then San Marcos, the ISD, the school district, is generally restricted. They can't give tax abatements in general, like, at all, pretty much. Is that correct?

5:22:1326

I'm trying to I'm sorry. Say that again.

5:22:1495

My understanding is school that districts are specifically limited, that they can basically almost are very, very restrictive in how

5:22:21 – 5:22:3266

I'm not aware of abatements that school districts can provide at all. And the legislature has made that clear because they've got no money to spare. So I will defer to commissioner Garcia.

5:22:3295

Yeah. That they can basically can't do that.

5:22:3466

It's gonna be cities and counties pretty much.

5:22:36 – 5:22:5195

Can we the I think it's SB six, the law that came into effect at the end of the year related to data centers possibly having to shut down during extreme loads. Can can legal speak to that a little bit? Or

5:22:52 – 5:23:0466

I you know what? I would be giving you misinformation to try and interpret that lie. I've read about it, but I could not give you the details. Yeah. Unfortunately, I don't wanna give you misinformation on that.

5:23:0495

I understand. Thank you. That's all I have right now.

5:23:062

Well, I think that's great information to be noted, though, as well for counsel to hear. Commissioner Lepe? I mean, Commissioner Castilla. I apologize.

5:23:25 – 5:23:5969

Discussion that's taking place. Commissioner, thank you, commissioner VanderCorky, for asking the questions regarding the legal aspects that I was gonna ask. Regarding commissioner Meek, Amy, I understand where you're coming from as far as that's concerned. So my question to you is gonna be is that if it says that that with the new any kind of ruling codes that comes out for data centers, is that something that you would support then if it's okay there?

5:23:5927

I'm sorry. What was the question again?

5:24:0169

So you're saying that you're waiting for the the the new codes to come out regarding applicable. So if it's something that covers that, are you saying that

5:24:1127

Absolutely. If it fits the

5:24:1269

needs If of the

5:24:1356

layman you would

5:24:1369

support that. Absolutely.

5:24:1518

I can also

5:24:15 – 5:24:4669

see Commissioner Acne comments regarding that, what we have before us. And so what we have before us is nothing to do with what you're talking about. So what are we gonna do as the dice here? Are we gonna deal with what we have before us? Or what are we gonna do? This is where I'm at. That's what I'm saying is that it's completely changed the dynamics here as far as what we're doing. What exactly what what are we doing?

5:24:47 – 5:25:2927

Respond to that? My point is that it doesn't fit what we have in the LDC. And we're changing they're asking us to change the preferred scenario amendment, which was only OK'd and voted in and blessed only a few years ago. And that preferred scenario amendment did not allow anything close to a data center, but yet that's what we are voting on. And so that's why I'm saying, let's wait and see if the new zoning explanation, new zoning category makes it more reasonable that a data center could go there.

5:25:29 – 5:26:0427

Because in my opinion, it can't go there right now. It's not the right place. And, you know, for various reasons, we have a huge local element saying, no. No. No. Please don't do this. It reminds me of the Woods Apartment how many years ago when city hall was full of citizens saying, please don't build the Woods Apartment. Planning and zoning located, city council located, people's lives were ruined. People I know personally people who their life, they've they've never been able to recover. They are now living not in their house.

5:26:05 – 5:26:4527

They just recently had to sell it. They're living out. They can't even vote anymore Marcos. They live so far out in a trailer that they could afford to buy. So I am not willing to use my vote to harm people that tell me they're going to be harmed. I'm gonna listen to that. And, you know, add on top of that that I don't think the current zoning we have I feel like we're trying to push data centers into light industrial. They're not heavy industrial, so we're gonna make them fit into light industrial. It doesn't feel right to me. That's why I'm saying, look, I'm open, but not right now, because I don't think we have the right documents yet.

5:26:4566

And, mister chair, if I could I'm sorry.

5:26:4876

I was just gonna say,

5:26:49 – 5:27:0469

go into the more convoluted conversation here. I mean, you mentioned you mentioned that even if those new quotes come out, that it would still not be something that would fit into this. Is that what you said? We don't know.

5:27:0427

There's not enough.

5:27:0566

No. That I didn't say that part.

5:27:0787

What does staff say Expand on

5:27:10 – 5:27:4466

what you What staff didn't say correctly is until the new code is adopted, the applicant is certainly allowed to apply for what the code allows currently. Mhmm. Y'all have criteria before you for approval of a comprehensive plan amendment, which is specifically amending the preferred scenario scenario map within the comprehensive plan. And you've got your criteria. And the only comment I was gonna add after your comments was just to remind the commission, we're talking a lot about the zoning.

5:27:44 – 5:28:1466

And just for context, really for the audience Yeah. We're talking about a preferred scenario change that will allow within it certain types of zoning. And so part of your decision is, do we think this is an appropriate preferred scenario based on the types of things that would be allowed within that? Just to kind of distinguish between that and then the zoning case that will come up after this. A little bit of a distinction there.

5:28:15 – 5:28:4866

But again, like I I know that really the focus is on the data center. But you're really looking at a preferred scenario. Is that appropriate based on the surrounding land uses and so forth, general health, safety, and welfare, and all those factors? And are you satisfied with the zoning classifications that would be allowed within that? And what's allowed within those zoning classifications, one of which is a data center. So you can link them all together, but just again, separating the map amendment from the zoning.

5:28:4827

Yeah, I appreciate that. Yes.

5:28:50 – 5:29:16104

Could I ask a a question, miss Mix? It's no secret that one of the struggles I've been having with this is I've said, and it's been regurgitated back to me this evening, that we're only here tonight, in my mind, to do the zoning to look at a zoning change. But we still know that there is a data center proposed there. So we can't erase that. So that's one of the things I've been struggling with.

5:29:16 – 5:29:43104

But to your question, maybe I'm leaning towards maybe we should postpone it a little bit because we know that there's some possible change coming down from City Hall or City Hall, we're in City Hall, from City Council. So and we're not I don't know if we're talking weeks, months, or years, but we know we know that's coming. And I think we need to take a look at that. But

5:29:432

Commissioner Rosen?

5:29:48 – 5:30:2161

I don't think it's fair. Like, these people have been coming for two months. Right. We've all been dealing with this. Council's been dealing with this. We need to do what we were appointed to do and that is to make a decision on what's before us. What's before us really isn't gonna matter what cancel does after that. It happens all the time. I see them do something, and then later on, something else has changed. Maybe they have to come back and to conform to that.

5:30:21 – 5:30:5761

I don't know. Or maybe it wouldn't apply to them at all. I watched that meeting, and it was never said we're gonna stop this until there's another category. None of that was ever said. All I remember is the mayor turned to staff and said, I think it would be beneficial if maybe we created some type of something for data centers, something to that effect. Am I wrong? Or how how was it stated? What what to staff.

5:30:59101

I was not at that meeting.

5:31:00 – 5:31:1561

Were we told not to move forward? Like, why are we here if it was said not to move forward? Why are we even having this? Why was this not postponed if if we weren't if if counsel did mean for us to go forward

5:31:157

with this.

5:31:16 – 5:32:0666

The and again, I don't have the photographic memory of that those meetings, if there's more than one. But there there was not a moratorium on applications. So the bottom line is on their direction is whatever zoning categories are in place and allowable within the current preferred scenario map, there's there was no more moratorium on moving forward. They're to apply for it. Now could individual commissioners looking at concerns they have with the current zoning and whether it's appropriate under this preferred scenario, then that can be a factor considering all the criteria in the code for preferred scenario amendments to for their vote to be an up or down vote.

5:32:06 – 5:32:3466

Right? So that's another way of looking at it. You know, you have concerns. You think it's something's not suitable with the current zoning based on the the preferred scenario and and and the comprehensive plan. You know, those are all factors you can look at. I think one of the criteria is the Has to do with consistency with the comprehensive plan and so forth. So all those factors, you can look at based on the criteria and just decide on your vote whether

5:32:3561

And the bigger issue

5:32:3766

minds can view those criteria different ways.

5:32:40 – 5:33:1561

But the bigger issue here is we are recommending body. I appreciate everyone that has come here today to voice their opinion, but a lot of things that are directed at us need to be directed at council because they are the elected ones that are ultimately gonna make this decision. We are recommending body. So when we vote here tonight, I hate even calling it a vote because it's a recommendation. So when we vote here tonight, it has to go to council for approval.

5:33:15 – 5:33:5561

And a lot of the things that we're discussing here, I don't even really think some say it's appropriate. I'm not so sure. Because what we're looking at is the preferred scenario and a zoning change. All the other things, you know, the restricted covenants, all of that, we don't govern that. We really have no say. I I enjoyed reading it. I was appreciative that it was in there just to have more information. But at the end of the day, we don't vote on that. So I don't see a reason for postponing this and continuing going back and forth. We've been through all this.

5:33:55 – 5:34:1561

In my opinion, from where I stand, we need to recommend whatever we're gonna send to council, vote on that, and let them deal with the real issue. They're the elected body, and they're the ones that have the final say. So I think that I don't see a reason not to move forward. That's just my opinion.

5:34:152

Commissioner Dunn, I I missed you. Okay. Commissioner Meade?

5:34:20 – 5:34:4827

Yes. I just wanna respond because I do appreciate what you're saying, commissioner Burleson. I I suppose that I disagree with you a little bit in that I do feel like our input, our deep dive is what city council appointed us to do. They deal with so many things, a myriad of things and ours is zoning, use of the land. That is our is our lane and so we should go deep.

5:34:48 – 5:35:2227

I think we have to go deep. We have to look at all the complexities that are involved in every decision we make. So I don't take our recommendation lightly. I think city council the way the city has been created, our city charter, the city council really does seriously consider our recommendation. So for those reasons, all those reasons, I think we really do have to seriously consider everything. So to me, it's not just like, Okay, we can say up or down. And it won't really matter because then city council will do the heavy lifting.

5:35:22 – 5:35:3861

That's not what I'm Okay. Not at all what I'm saying. What we do here is very important. It impacts a lot of people. The people that are here, we had a lot of other letters as well and a lot of phone calls from people that are also in favor.

5:35:39 – 5:36:2061

So when I'm here and I'm looking at this, I'm listening to everybody's side of this, and I'm trying to make an informed decision based upon what's in front of me. All I'm saying is when staff has something, they have to bring it to us. I just don't personally see the reason to keep postponing things and putting these things off. I just don't think it's gonna make difference whether there's a category or not is what I'm saying. I just think for future use, I think that would be a great idea, and it probably should have already happened, but these things came about.

5:36:20 – 5:36:5061

It's been, what, more than a year now. Who knows? It could take another year. I just think that it's not fair to the applicant. It's not fair to staff, and it's really not fair to us because we've all been going through this. We've all been reading, studying, doing research, listening to all the phone calls, everyone calling. I just think that in my opinion, that's all I'm saying. In my opinion, we should just follow through on what's in front

5:36:5161

That's that's just my opinion.

5:36:542

Commissioner Agnew? I

5:36:59 – 5:37:30105

should probably this isn't really what I was going to say, but I just if we get a new category, it's called data center, or a new zoning things data center. And if some of us up here say, oh, well, that's okay. We can now approve it because we have a category that says data center and we go to approve, I don't think these people out here are going to be too impressed. I don't think they're going to disperse or snap their fingers in approval. They don't care.

5:37:30 – 5:37:50105

I mean, they just truly don't I don't care personally. I could care less whether we have a data center category or not because I just don't think it makes any difference in this case. But that's just me. But anyway, I had something else I wanted to say, and I think we probably need to get off of that anyway. And having maybe had the last word, I guess I'm being a little selfish.

5:37:51 – 5:38:25105

And this is very boring compared to what we've been talking about. Going But back to what Sam was saying a minute ago, I know staff has told us occasionally in the past that the preferred scenario is not zoning. And that's true. But in a way, a preferred scenario amendment is zoning. Because in every case I've ever seen, the only reason a preferred scenario amendment is requested is so a specific zoning can be requested.

5:38:25 – 5:38:58105

So an amendment in a way we really are ultimately considering zoning here because and this is a dilemma to me personally. Because if all we were looking at was a preferred scenario amendment and in this case, to commercial employment low for this location, I would probably be okay with that. I think it fits okay. It's next to the power plant. Right around the corner down Old Bastrop Highway is a lot of other stuff.

5:38:58 – 5:39:28105

It's not zoned because it's an ETJ. But if it were, it would probably be light industrial. So just in itself, I think the preferred amendment scenario would be fine. But, and I'm jumping ahead of myself, I'm having a hard time knowing what we should talk about here and what we should wait to talk about when we get to the zoning portion. But I am nowhere near as comfortable with the zoning that would result if we approve this preferred scenario.

5:39:28 – 5:39:54105

So you can't ignore that. But if all we were dealing with was a preferred scenario, I'd be fine. But that's really not all we're dealing with. We're dealing with the ultimate zoning. One thing that I did want to point out, and I don't know what this is worth, but it makes a difference to me when I look at Because I'm looking here at commercial employment low page in the preferred scenario, which Steph gave us a copy of.

5:39:55 – 5:40:23105

And it says, well, first, the middle word in that is employment. So those of us like myself who worry a lot about jobs, I don't think we're totally off base. I mean, employment is part of this category. And if you look further on down this, it says the typical employment density of these areas is eight to 15 jobs per acre. Well, is 200 acres.

5:40:23 – 5:40:51105

So that means that typically we should be expecting 1,600 to 3,000 jobs. And that's not what anybody is saying is going to happen. I would say 100 or less is probably what we're hearing. So if you just look at that factor, that's a big discrepancy from what commercial employment low contemplates. And that's something that's made a big impact on my thinking for what it's worth.

5:40:542

Yes, sir. Commissioner Spill.

5:40:57 – 5:41:2495

I have to disagree a bit with Commissioner Agnew. I think there's a reason that these are agenda items, and they're legally two different processes. The commission has the ability and I'm not advocating for or against this to recommend approval on the PSA amendment and denial of the zoning. We can't do the other way around. Doesn't have to there's no condition that the commission has to vote the same way on both items or commissioners have to vote the same way on both items.

5:41:24 – 5:42:0395

And we have to consider this a little bit, you know, considering the possibilities that could be approved within the PSA. And then in more detail with the zoning if and when we get to that point when that's appropriate. I do wanna highlight something that is relevant here and that I think makes this property specifically and uniquely viable for something beyond conservation cluster. And that is there are heavy duty high voltage power lines that run for the middle of the property. And this came up three years ago, when Mr.

5:42:03 – 5:42:4095

Mayberry was applying for CD 2.5, the concern that that's not really appropriate for you having high density electric lines running right for the middle of your residential development. And the applicant at the time said that that was still viable and apparently has moved forward and still believes it's viable. But those lines are preexisting to the property. They run through the property. And my understanding is that part of the reason why a data center is being proposed in this area and, again, the the Cloudburst facility down the road, which is not in the city limits, is because of the existence of those heavy duty power lines.

5:42:4195

And so that is a unique feature of this property in particular that I think does tend to lean towards the PSA amendment at least to being considered.

5:42:58 – 5:43:13106

Commissioner Agnew, to your question that you just proposed regarding the commercial employment load, the numbers that you came up with with your amazing math. You can you tell me how you broke that down? Because I have a question regarding that number.

5:43:13105

I'm sorry. Didn't hear the whole thing.

5:43:1427

She wants

5:43:1451

the numbers.

5:43:15106

You came up with like 12 to 15. What was

5:43:1756

According the

5:43:18 – 5:43:31105

to the preferred scenario, the description of commercial employment low, it says the typical employment density is eight to 15 jobs per acre. And this is 200 acres.

5:43:32 – 5:43:47105

if you just do the simple math, eight times 200 is 1,600 jobs, 15 times 200 to 3,000 jobs. So you would normally expect that there would be employment sort of within that range. Does that Yeah, no,

5:43:47 – 5:43:59106

explain helps that. Because my question and maybe Mr. Mabry can clarify this they got up and said that this was going to potentially have 1,200 skilled jobs over the construction

5:44:00105

Yeah, I'm not talking about construction jobs, obviously.

5:44:02106

Are you just talking about

5:44:03105

infrastructure That's a separate

5:44:04106

situation. Okay.

5:44:05105

It's not a long term situation.

5:44:07105

I'm talking about just permanent ongoing jobs at the Okay. Data

5:44:12106

That was yeah. Thank you.

5:44:162

Know, at Sights and Sounds, we have to have one cup per every 500 people.

5:44:2015

That's true.

5:44:21 – 5:45:052

It's a nice little formula we just threw out there. Just throw it out there. I will say that I do think that the preferred scenario does is consistent with the comp plan criteria. For that reason, it's why I'm supporting a motion to approve this one. I do think some very valid points, especially talking about the zoning that may go into the next item that we're going to discuss. But really, at the end of the day, I think it's another thing where we need to kick these to the people where these real decisions can be the adjustments can be made appropriately. We can postpone all we want. We can kick the can down the road all we want. We can recommend all we want. But at the end of the day, this, in my mind, is consistent with the comp plan criteria. And that's where I stand at this to be approval for this PSA amendment. Yes.

5:45:05 – 5:45:3427

Okay. I appreciate this discussion so much. When we're talking about changing the PSA, remember, this what they're proposing us asking us to change, the conservation cluster place type is for areas this I'm just quoting, for areas where development would be discouraged over the life of the comprehensive plan. The comprehensive plan is supposed to last for twenty to thirty years. This is two years out.

5:45:35 – 5:45:5227

Alright? That's sentence number one. Remember, this place type was established after the city received significant community and stakeholder input. This place type was. This conservation cluster, they created it because the citizens said they wanted it.

5:45:52 – 5:46:2927

It was developed as a concept where, quote, development may still occur within areas that are currently open space, farmland, or otherwise undeveloped, but would ensure San Marcos retains many of these assets and maintain a high environmental quality. And so that is my concern. We have a lot of questions about the environmental impact. And I know you guys are doing all you can, and I applaud that. I just feel like we are too new to the game with data centers.

5:46:29 – 5:46:5627

I feel like there is such a national pushback of cities that have approved them, and now they're saying, we wish we never had. We have all these problems. I see those cities that are giving the pushback, that are already in the fight, in the in the the water with them. I feel like they are the canaries in the coal mine. And I'm wondering why we're ignoring all the dead canaries, you know.

5:46:57 – 5:47:1927

So to me, it's just a little bit it's just a little bit brash or I don't know. It's just a little bit irresponsible. I would feel irresponsible if I didn't mention all of these cautions that I have, if I didn't mention all of the concerns that I have. So that's why I'm mentioning them.

5:47:192

Commissioner Agnew?

5:47:20 – 5:47:46105

It just I guess just to show, I guess, what reasonable minds can differ or whatever. My concern about this is that I I know you've mentioned that you feel like this is consistent with a comprehensive comprehensive plan. And my concern is that I don't. And the reason I don't I mean, place types are part of the preferred scenario. They're probably the most important parts of the preferred scenario.

5:47:46 – 5:48:11105

And commercial employment low is a place type. And if you read the description, it's clearly intended to be an area that's going to provide employment. And the fact that it's not going to do that is what makes me concern, makes me question whether this is consistent with a comprehensive plan. Just let you know where I'm coming from.

5:48:112

Can staff provide any clarification on that? Why we came up with employment low when it does have the specifications in there for all the

5:48:19101

jobs? Andrea, I think I'll defer to you, if that's okay.

5:48:28 – 5:48:5798

So why there's the ratio of nine to 15 jobs? I'd have to go back and work through some of that discussion with the Comprehensive Planning Committee. But needing to have a place where we knew that employment would occur. And I think the big distinction is between commercial employment low and commercial employment medium. We had a lot of discussion about the differences between those two, that commercial employment medium is an area where you're actually gonna have a higher density of jobs.

5:48:57 – 5:49:2298

Commercial employment low is the location of your lower density of jobs, your industrial uses, and and that kind of a thing. I I I cannot remember, you know, at this moment some of that kind of data that went into that, but it was just through that that comprehensive plan process. You need to kind of identify a number that shows what types of jobs could be there for different uses, but it can't expect all types of uses, I suppose, at that level.

5:49:232

Thank you. Yes, sir. Commissioner Brolison?

5:49:26 – 5:49:5261

This is for staff. I might be wrong. My memory, it's late. I might be off on this. But did we not just vote where the comp plan is now updated on a more frequent basis because things need to be added like we're growing, things are happening so fast, that that was the reason why. Now I think it's is it every five years, seven years?

5:49:52101

I think I think it was every five years originally. The amendment was changed that to 10. Mhmm. And then that was voted down, I believe. So it's still five.

5:50:01 – 5:50:3598

It's remained in the charter. You're referring to the charter amendment. So Got it. Yep. Every five years, we look at the comprehensive plan holistically. And, you know, that can be a great opportunity to get community and council direction on on some of those pieces but- at the same time applicants always do have the ability to apply for a change the preferred scenario map. And that's been the same process you know even with the 2013 comprehensive plan. There's always an ability for someone to apply to change that designation, and and you all have seen many of those cases before you.

5:50:36 – 5:51:0927

Mhmm. I would just like to gently say, I think all of our discussion now is exactly why I feel would feel most comfortable waiting for a new direction from staff about how they want to handle data centers. You know, I think that that is Counsel. Counsel. Yeah. Oh, yes. Counsel. Yeah. Once once staff gets it to counsel, then I think I would feel much more certain in what I was looking at, what would be okay, what would not be okay. And, obviously, the questions are the questions abound.

5:51:10 – 5:51:222

I feel like counsel would think very highly of your opinion and notate this. And when we send that to them, they could manage this appropriately with the tools that they have. They have the tools. We do not have the tools.

5:51:2227

Well, that's what I'm saying.

5:51:232

Mister Ann, Jane Odekirky. And

5:51:25 – 5:51:56104

I know this sounds like I'm talking on both sides of my mouth tonight, but my concern now was sending it back to counsel, which I I still kinda lean that away. But there's no time limit for it to come back. And in the meantime, you know, again, our applicants waiting. I'm sure they don't mind waiting a little while, but we don't we don't have a time frame. And if it takes counsel six months to a year, and does everything just stop until they come up with that category? Or how do we proceed how do we move forward?

5:51:56 – 5:52:2266

I'm saying, let me can I chime to counsel? And one other thing is, I'm hearing a discussion. First of all, there actually hasn't been a motion to postpone. But and I don't think we need to get there yet if council's I I mean, if the commissioners are fine having the dialogue, but there's not a motion to postpone. But the concern I have is even if a new category has come up, I'm fairly certain that this application will be allowed to proceed under the current zoning categories.

5:52:22 – 5:52:5766

And typically, when we've had code changes, any pending or live applications have always been allowed to continue through to the end. And so it's kind of for what that's worth, if you postpone it, I'm not sure where it takes you other than leave the council without a recommendation. But it's the point being is the application technically would be allowed to go through as submitted. There's not an obligation for them, you know, for the applicant to move to the new code. Now could they be persuaded voluntarily and so on?

5:52:57 – 5:53:0866

Of course, you know, through the political process and so forth. But legally, you know, the application is allowed to continue even if a new code was adopted on that issue.

5:53:0896

Think that's clarification.

5:53:11 – 5:53:3595

I was gonna point out. This item, if we don't postpone it, the dates of when it would go to council are set. They are posted. They were part of the presentation. I don't think it's respectful to the people that came up and spoke tonight. If we postpone it, we'd have to postpone it to a date uncertain, and we'd just be giving the direction to the public. Come back at some point in the future. We don't know when.

5:53:352

Let's do it all again.

5:53:3695

And I don't I don't feel like I don't feel comfortable doing that myself. That's not fair to the public.

5:53:4027

And and honestly, I'm not suggesting we postpone it. I'm suggesting we say no to it because we don't have enough information to make an informed decision.

5:53:5061

I have a question.

5:53:512

Mister Wilson?

5:53:54 – 5:54:1361

I thought we've had situations like this come before us in the past to where it might not have been the exact category or, like, you know, the preferred scenario. But didn't we proceed with them? Or what is the do you know what I'm saying?

5:54:13 – 5:55:0866

Not not quite. I mean, usually, you know, the process is our code allows changes to the preferred scenario map. There have been times where there was not a suitable category for proposed type of development at all. And even among the existing categories, I think there might have been situations where none of them just fit to the point where the only solution was we I may be mistaken, Andre will correct me, where there may have been a determination that the you're gonna have to actually create a new category for use that was never considered before. Now, you know, we'd be going back months because that determination has already been made as to this application that there was a suitable category and so forth.

5:55:0866

But there has been that situation, I believe. So it's a little bit different, perhaps.

5:55:13 – 5:55:3461

But I just thought we had proceeded in the past with ones that were suitable. Like, wasn't like, I know we're talking about data centers. But, like, in the past, I thought there was something that we had that might not have been exactly suitable. It was in a different category, but we proceeded with it. Like, we didn't postpone it to wait for a new category.

5:55:3698

Can't recall I I can't recall a time where that has occurred.

5:55:40 – 5:56:1766

What you may be saying is like okay. Looking at the reasonable buying theory is that in a perfect world, you might feel as a commissioner that you're forcing maybe a particular type of use within a category that you just don't feel so totally comfortable with, but it's what you have available and, you know, the determination is made well. We can make it work here in our perfect world of different scenarios that we would have on our preferred scenario map. We wish we had something like this, but we don't. So we're gonna fit it into this category, and that's perfectly permissible.

5:56:17 – 5:56:5366

I I think we've had those situations where, you know, if if we could all have our perfect world scenario, but we you know, you move forward with what you had available to you. And, of course, that's part of the process too with your criteria. The way these criteria are written is all of you can look at it, and almost every criteria can have two different outcomes because there's a wide level of discretion in that decision made. Unlike a variance, for example, which has very strict hard criteria or planning in the old days when you did planning.

5:56:552

Thank you. Commissioner Garcia.

5:56:5869

Well, it's like opening up

5:57:012

Don't open up Pandora's box.

5:57:03 – 5:57:1969

Now it's just concerning to me now because if we had the mayor make a comment or suggest putting a setting up a code for at that point in time. Why did it still come to us?

5:57:2187

I'm I'm I'm trying to find and I don't like, just hoping that we shut it

5:57:262

down a little bit. Concern.

5:57:272

But we're also making assumptions here. Yeah. And we're couple of things

5:57:31 – 5:58:0066

a couple of things I think are important. You still have your criteria before you, and don't forget about that when you're making your decision. The idea is, yes, it was suggested that there be a code amendment because in the perfect world scenario I'm talking about, in our perfect world, you know, we could all go back and make everything 20 times better after the fact. But right now, we have a scenario that is was approved. It's legal.

5:58:00 – 5:58:3966

It's permissible for any landowner to apply for these preferred scenario map amendments under the code as written. And it's their right to, you know, have a hearing and have it considered by the commission for a recommendation. And y'all to look at the criteria of whether it's suitable or not based on all those factors. And so one of the things is, do you like the types of uses that can would be allowed based on the zoning that would be allowed within that preferred scenario? Some of you may feel yes. Some of you may feel no. But so that's really how you gotta look at it. Yes, sir.

5:58:41 – 5:59:0095

The council council knows that this item is on our agenda tonight for tonight's meeting or, I guess, this morning's meeting. If they had attended that we had to postpone this item until after a DC Data Center zoning app zoning category was added, surely they would have told somebody up here. And I never got a What phone

5:59:01 – 5:59:2166

you're talking about there is some cities will have a moratorium on certain types of things moving forward, which is extremely rare because there's all kinds of issues with moratoria. But they did not do that here. It's just an issue they wanna explore. But there there's no moratorium on new If there was

5:59:2195

some council direction or a moratorium from council, surely we would have heard about it before now.

5:59:2866

Well, you wouldn't even be here because Yeah. You wouldn't That's great.

5:59:342

Commissioner Van Odekirke?

5:59:35104

Yeah. I think we've reached the point that we're kind of going in circles.

5:59:39 – 5:59:52104

Oh, yeah. Regardless if we vote for or against this, it goes like commissioner Spill said. It goes to the city council. They're the ones that make decision. We don't make that decision tonight. I I I'd like to see us move forward.

5:59:52 – 6:00:09105

Commissioner Agnew? Yeah, I generally agree that we need to move forward and all that. But the one thing that is important, and I think everybody here knows this, how we vote determines what kind of vote council needs. So what we do is significant to that extent.

6:00:09104

Oh, I wasn't suggesting that it wasn't. No.

6:00:122

I don't think anybody up here was suggesting that at all. I think we're looking at it different ways. We're ready to vote.

6:00:2212

Call to question.

6:00:2327

But could you please remind us of the motion?

6:00:262

Yeah, the motion is to approve as presented.

6:00:29 – 6:00:4066

And Mr. Chair, just a reminder, the code for preferred scenario amendments requires for approval at six votes versus the typical five.

6:00:41105

And that's despite the fact we only have eight here tonight. Right? We still need six.

6:00:45 – 6:01:0066

Six votes. And that's same with the council has similar kind of majority requirement for preferred scenario if it gets to them. I think they have five votes, if I'm not mistaken. Don't hold me to that. But

6:01:022

Any further discussion? Roll call vote, please.

6:01:06 – 6:01:183

Amy Meeks? No. Griffin Spell? Aye. Ryan Van Notakruggy? Aye. William Magnum? No. Michelle Brolison?

6:01:203

David Keys? Aye. Lupi Costilla? Aye. Mariah Dunn?

6:01:333

The motion to recommend approval passes. 62.

6:01:4029

Yeah, it

6:01:412

is late. Old. Brings us to item number

6:01:4669

Excuse me. But once again, it goes to council.

6:01:49 – 6:02:022

Correct. Correct. There are Two hearings. I'm looking at my numbers. Item number five, but six now.

6:02:10 – 6:02:533

ZC2513, Francis Harris Lane, Mayberry Data Center, FD to CD 2.5 to LI, hold the public hearing and consider a request by Armbruston Brown, PLLC, on behalf of Highlander SM1 LLC and Donald and Germaine Tough for a zoning change from future development FD and character district 2.5, CD 2.5, to light industrial LI or subject to consent of the owner under the less than 10 zoning district classification for approximately 199.49 acres of land more or less out of the A. N. Esna riser survey abstract number six, generally located on the western side of Francis Harris Lane, south of the intersection between Grant Harris Road and Francis Harris Lane in Hayes County, Texas.

6:02:53 – 6:03:342

Pause. Can we please have that gentleman removed? He's being threatening, sir. We'll open the public hearing. Are you done? You You look done? Done. You done?

6:03:362

you're talking. Are you

6:03:3624

done? Are

6:03:382

you done disrupting? Are you good?

6:03:4333

Please go ahead.

6:03:442

Thank you, sir, so much. We'll open the public hearing.

6:03:49 – 6:04:29101

Good evening, everyone. Julia Cleary, senior planner. So this is the next slide, sorry. This is the same site boundary that was discussed in the previous presentation. It is approximately 200 acres across from the Hayes Energy Power Plant and dislocated within both the city limits and the ETJ with annexation being considered concurrently. Next slide, please. The site is currently vacant with surrounding land uses of rural residential, agricultural, a cemetery, and the Hayes Energy Power Plant. The cemetery is not included in this request. Next slide, please. The majority of the site is currently zoned character District 2.5, which is a single family district allowing up to 60% impervious cover.

6:04:29 – 6:05:11101

For the 60 acres outside the city limits, that is this is not currently subject to any zoning restrictions. However, they will be zoned zoned future development or FD upon annexation, which is intended to be a temporary zoning district with 30% impervious cover. The applicant is requesting light industrial, which allows for light industrial uses, manufacturing, and office uses at up to 80% impervious cover by right. Next slide, please. The request is currently designated conservation cluster on the comprehensive plan, which does not allow light industrial zoning per table 4.1 on the next slide.

6:05:12 – 6:05:45101

Next slide, please. The associated preferred scenario amendment would need to be approved in order for this zoning change to take effect. Next slide, please. The requested zoning district allows for general, commercial, and civic buildings up to four stories tall and 80% impervious cover, although as discussed previously, there are restrictive covenants that would restrict this to 70%. Uses allowed include manufacturing, warehouse and distribution, wholesale trade, research and development, and light industrial.

6:05:45 – 6:06:07101

Junkyards and waste related services are not permitted by right in this district. The applicant is proposing to construct a data center which is considered to be a light industrial use. Next slide. There are no known environmental constraints on the property. The site is not located within the Edwards Aquifer recharge zone, contributing zone, or transition zone.

6:06:07 – 6:06:34101

It is not located within the floodplain, floodway, or the San Marcos River corridor or protection zone. Next slide, please. We have already mentioned the proposed TMP road that will be required along Grant Harris Road. However, one thing I did want to point out was block perimeter requirements. So the city requires that applicants provide vehicle and pedestrian connectivity as they develop, even when they're not proposing to cut up their lots.

6:06:34 – 6:07:09101

The maximum block perimeter in light industrial is 5,000 feet, and one of the things that differentiates light and heavy industrial zoning districts is that in heavy industrial you can automatically expand the block perimeter in order to accommodate large buildings. So think of Amazon, for example, whereas you can't in light industrial. So if they're wanting to waive the block perimeter, they would likely need an alternative compliance request. Regarding utilities, water would be provided by Crystal Clear. The city would provide wastewater, and the site is in the service area of Perdnalis Electric.

6:07:09 – 6:07:52101

Next slide, please. So staff is recommending partial approval of CC CC twenty five thirteen for all of the requested tracts with the exception of a 50 foot buffer along the northwestern property line of Highlander SM one LLC tract adjacent the private driveway Grant Harris Road. That will be on the next slide. This 50 foot buffer is recommended for the less intense zoning district of Character District 1 and is intended to avoid having the site immediately adjacent the existing residences in the ETJ. We have discussed this with the applicant and understand that they are amenable to the request.

6:07:54 – 6:08:37101

So this is a map of the proposed buffer. As I said, the right of way is allowed in CD 1, and so the CD 1 buffer would either include the 50 foot street required by the TMP, or if the road were not provided through an amendment to the thoroughfare plan, then it would be a 50 foot open space buffer in addition to a 20 foot between twenty and thirty five foot transitional protective yard. For context, the site has approximately 3,300 feet of frontage on Francis Harris Lane. And that concludes my presentation. I did want to know that this is subject to approval. The recommendation for approval is subject to the approval of the associated preferred scenario amendment. And that concludes my presentation. And we have the applicant in the room for any questions.

6:08:392

The applicant's license may please speak in favor of your permit.

6:08:49 – 6:09:116

Michael Whelan, 100 Congress Avenue, Austin, Texas. Given the hour, I'm gonna keep this extremely short. I wanted to state on the record so you heard we do we are confirming the concurrence with the staff recommendation for the CD1 buffer as they displayed at the very end. I wanted that to be clear. I want to also confirm that we're prepared to sit down and talk.

6:09:11 – 6:09:546

That's why I said injunctive relief is the appropriate measure. We're prepared to make sure that the injunctive relief is there exactly as the city attorney believes is sufficient to enforce the restrictive covenants. As I said at very beginning, this building is going to be designed to comply with those restrictive covenants. You can't risk, as you already heard the city attorney tell you, he hasn't had to execute an injunctive relief because it does shut down a business, which shut down the data center, which is providing services for hospitals, utilities and many, many others. So I just wanted to really point that out. You also will have a chance during site development permit and building permit process to look at those limitations that are in the restrictive covenant and make sure we're complying.

6:09:57 – 6:10:162

Thank you. Mr. Swank, would you like to speak? Okay. I'm just going down my line, my list here. Mr. Mayberry? Jose Lozano? He's online. Jose Lozano, if you please state your name and address, and we have three minutes.

6:10:16 – 6:10:528

Jose Lozano, 1125 Blue Oak Boulevard, San Marcos, Texas. I've said everything I've needed to say. Once again, I'm just saying that I'm in favor of of the data center. I think it's gonna be a great project for the CDS San Marco and and a lot and a great tax base for the city of San Marco as well. While with the restricted covenants that they've they've prepared and and and the city's restrictions is gonna be a great project where the city can can be able to look at everything from building permit to watershed to environmental. That's it. Thank you.

6:10:53 – 6:11:042

Thank you, sir. Mary Littlefield Devine? She's She's coming coming up. Up. And And do do we we have have justice Justice Mika? Mika?

6:11:10 – 6:11:3037

Mary Littlefield Divine, 2545 York Creek Road, New Braunfels, Texas, Hayes County. I feel we've been sold down the river. I feel there was some ethical blindness that was applied. It is vague. I think some things were intentionally left vague, which is a distinctive risk for ethical blindness decision making within organizations.

6:11:30 – 6:12:0737

It was vague as to why Mayberry could come back within six months. I think it's very much putting the cart before the horse to allow this project without really looking at what the data center zoning actually needs to be. And I think none of you really none of you who voted yes actually really are invested in the health of those who live in the community and all the pollution and noise pollutions that's going to be spread out. Who can we sue when we start to be impacted by this? How can we go up the chain of command to find out why this came back within six months?

6:12:08 – 6:12:2237

Truly disappointed in the direction that those aspects of the decision went. And I think it's shameful. So I'm sorry for the people who voted yes. It's very discouraging. And the background behind it is disgusting. Thank you.

6:12:22 – 6:12:472

Thank you. Justice Mika, Charles Sechting, Russell Caracelli, Matt Gonzales, Frank Ziemer, Jerry Margarita. Yes,

6:12:53 – 6:13:1847

sir. Good evening, commissioners. Matthew Gonzales. 17917 Basketflower Bend. As stated before, I urge you to support passing agenda item number five. I yield back the rest of my time as a courtesy to the chair in this body. As a courtesy notice, mister Frank Zimmer, Jerry Marjota, Frank Zimmer, and James Presley all left for work obligations in the morning.

6:13:192

Thank you, sir. George Mendoza. Ronan Conroe.

6:13:31 – 6:13:512

Leva. Here. You're good. If no one shows up, it's okay. Shannon Brown, Abigail Lindsay, Manuel Godoy, Jen Corvoye, Bobby Levinsky.

6:14:02 – 6:14:2326

Bobby Levinsky, 248 Camaro Way, San Marcos, Texas. I've heard the six months waiting period addressed. I've not heard the one year waiting period addressed that. Again, I'm gonna read the code to you. So the San Marcos development code also includes an express waiting period of one year for amendments to the zoning co to the to zoning when one of the following occurs.

6:14:23 – 6:15:0926

City council vote to deny the same request requested change for all our portion of the parcel or withdrawal of the same requested change by the applicant after the City Council meeting at which the change to be considered has been called to order. That meeting was called to order. It is not proper for the planning commission to address the zoning change tonight without a waiver of the city code as provided in the code. That application was withdrawn and resubmitted, and that is why it's before you tonight. If you do not want to vote on the zoning change, there is grounds for objecting to it.

6:15:09 – 6:15:4726

It's grounds for denial that it's not compliant with this code. It was a withdrawal of the zoning change, and it's been resubmitted within less than one year. It is not compliant with your code. Please do not vote for this zoning change. And, also, it is not single family versus data center. There are so many more more, zoning categories that'd be more compatible, that could provide a transition, And there are people that live in that area. It is not just a power plant. There's people that live there, and their livelihoods depend on you making a decision tonight. Please vote against this zoning change.

6:15:49 – 6:16:072

Thank you, mister Levinsky. Kara Rosario, Mike Kamlander, Jeremy Hendrix, Carl Pentecount?

6:16:1114

Betancourt.

6:16:122

Oh, man. Thank you, Betancourt.

6:16:14 – 6:16:5614

The one last thing that I didn't have time first time around was one of the other speakers had talked about some of the issues that the water utility had. And what I wanted to I had to point out was their five year average of leakage in their system is 25%. So pretty much any of the water numbers we were seeing should also just keep that in mind that this is going to end up being at the staff's low end over the course of the year, it would be 182,500 gallons of wastewater. And on their high end of 30,000 per day, it would be 273,750 gallons wasted every year just from a leakage from the water utility.

6:16:56 – 6:17:162

Thank you, Mr. Betancourt. Tyler Earl, Peter Bain, Elizabeth Emberson, Daniela Bellini, Zachary Tindle, and Dawn Ewald.

6:17:24 – 6:17:4630

My name is Zachary Tyndall, 614 Martin Luther King Drive. I want to talk to you about your role in this community as members of the Planning and Zoning Commission. I'm hearing some of you claim you should be ignoring some of the deeper implications of your decisions and even that you should not be swayed by the concerns of the community. I believe this is a misguided view. It is my understanding that the principal requirement for appointment to PNC is to have resided in San Marcos for at least five years.

6:17:46 – 6:18:1930

You are not required to have any expertise in city planning, geography, political science, economics, or any other field that might seem relevant to the decisions this body is faced with. In fact, you all come from a variety of backgrounds and each contribute your own unique perspective, lived experience, and personal insight to these deliberations. Some of you have ties to San Marcos that go back generations, while others are relative newcomers. But all of you, like most of the people who came out here tonight, call San Marcos home. That is what makes you qualified to make the kinds of decisions you are faced with today.

6:18:19 – 6:18:4030

You have not been given this responsibility because you have a special ability to make a detached, calculated decision. There are better ways to do that. A computer program could be trained to do that. And would that even be desirable? Would it be a good thing for these decisions to be made by a completely impartial, perfectly logical party, which is not swayed by its own feelings or by the concerns of its neighbors?

6:18:40 – 6:19:2130

I think not. I think that would miss the point. The point is that no one is more capable, more qualified, or more determined to protect the needs of this community than the members of this community. You are members of this community, and you are on this commission precisely because you are affected by the decisions made here today. I think it has been made clear that this data center poses a threat to our well-being, and in the long run, probably this community's continued existence. Your neighbors have come here to use all of our power and influence to defend this community. I ask you to do the same. Defend your community. Do not be convinced that the most important considerations around this project are beyond the purview of this commission. Do not be convinced that it is someone else's job.

6:19:21 – 6:19:4630

Do not be convinced that it is inappropriate to be influenced by your own sense of right and wrong. Do not be convinced that the consequences of your decision are not your problem. You have been chosen from among the community because you have an interest in what happens to this community. This is your home. You have a moral right to defend it, and you have a power to defend it. So I beg you to vote to defend it. Vote with your heart, vote with your conscience, and vote with your community. Thank you.

6:19:46 – 6:19:572

Thank you, sir. And then we will open the public hearing to anybody in the chamber who wishes to speak. Please lie in.

6:19:57 – 6:20:287

Make as much noise as I can. Oh my gosh. I wanna start with the officer that you had removing people earlier took it upon himself in the middle of a quiet and undisrupted meeting to ask me to leave because I was taking photos of the developer's notes and their text messages. And he just inserted himself and said, you're making a nuisance. I'm gonna tell you to stop this, and then refused to give me any statue or code that said that that was in violation of the rules of decorum for this room.

6:20:28 – 6:20:477

That goes to show that that type of those threats of force, which is that that's what that is. The threat of being removed is a threat of force, is at the benefit of developers, not our community. It's at the benefit of staff that this is something that's been in front of you

6:20:47 – 6:21:267

long, and our legal department and no other staff member, and you all didn't even bother to ask another staff member about the impacts of s b eight and then their links to the noxious gases that kill people, don't care. The amount of citizen comment that has gone into this is probably more than the amount of comment that you received for the comp plan itself. I and others working alongside that some of you at various points in this community have tried so hard to get people to show up and do this and and give citizen comment and show up to

6:21:2634

these things because your voice

6:21:26 – 6:21:587

is heard, your voice is important and it's not. And I don't know how to tell people any more than it is. I I don't usually listen to stuff like this, but I'm livid. I'm absolutely livid as a as a mentor of Jim Garber, as a product of Texas State University, as a as an ally to some of you in many regards, as an enemy to some of you in many regards, I don't know what to do at this point to continue to cheerlead and try to get people to show up and waste their freaking time. Don't don't nod your head at me, mister Case.

6:21:58 – 6:22:397

I've never seen a chair of this commission be the one to first make the motion way out of step, way out of out of decorum. What this is going to do, given the amount of expertise on our side of this issue, this is gonna result in our citizens suing our own freaking city. That's our only choice. It's to nitpick the process that Sam fumbled that that you all did not, do questions on. We're gonna have to do open records request for the communications that account commissioner Burleson said, people are writing in and sharing this. Who are they? You go into lunch with them? You serve on the chamber of commerce with them? Do they work for the greater San Marcos partnership? Who are these people?

6:22:39 – 6:23:237

Put them in front of us. Do they even have a vested interest? Does any of the impacts of this development gonna impact them or their lives? No. I'm so freaking tired of this. I spent so much time trying to, you know, reinvent my image so that you all take me seriously. And it didn't it it was it was absolutely pointless. I'm going to tell everybody to just give up. You might as well too. Let's all stop. I know many of you are gonna run for city council, and I will be there to make sure you lose. Hi, Saunders Rucker. I'm also pissed. I wore a suit tonight. I hate doing that.

6:23:23 – 6:23:367

That's not much. That's not much of a, you know I don't know. I mean I mean forget it. Like, the problem with everything that's going on, and I'm sorry this can be insulting to y'all, but

6:23:3726

all of us

6:23:377

in DCAC who've been doing this for the last year going out of our way to study these things when

6:23:4226

I don't have the time. I'm a grad student.

6:23:44 – 6:24:197

I defend next month. I don't have time to be here. I'm ruining myself to be here. But I am here because myself, like all these other people, are ahead of the curve. Because we are looking at what's going on in the rest of the country, the communities that are being destroyed, the new cancers that are being developed, the rising miscarriage rates. And we're going, oh, we don't want that in our town. I we I talked to somebody from New York, like last week who was like, oh my god. Y'all don't have a data center yet? What are y'all doing right? How can how can we help you?

6:24:19 – 6:24:527

All of this stuff. Like people are looking at our city as a nexus of this massive government or this massive nationwide fight. And the only people who seem somehow weirdly ignorant of it is y'all. So we are ahead of y'all on the curve in the sense that we know this disaster is coming. We know that all of us, no matter how much money you have, will be standing in line to get water from whatever source we can because they've not secured the water rights.

6:24:52 – 6:25:247

Because five years ago, Phoenix got within fifty days of ground zero, no water and the sale of guns skyrocketed. And if that happens in Phoenix, they're all coming here. And if that happens in El Paso, they're all coming here. That happens in San Antonio, they're all coming here. Y'all guys are city planning and there's nobody I've not seen a single government official who actually seems to have thought for half a second about what it looks like when any major city in this country loses water.

6:25:25 – 6:25:587

Like, do you all know what we did over toilet paper? Like, your neighbor, your best friend will kill you for water, for their family with no hesitation. And that's where we are going, and that's where they are driving us, and you are just sitting here and seeding it to them and setting a precedence for a town that does not have a data center yet. And the precedence that you are setting now is that we can change our comprehensive plans willy nilly if they ask us to, that we can change our zoning's willy nilly if they ask us to. Why?

6:25:58 – 6:26:227

Because they just want to destroy our town. I'm like sorry to tell you all this, but right now the world is being paid over, paved over and killed with LEED certified buildings. All of these things that they're saying are going to hold them accountable are the same things that they are using as an excuse to literally destroy the world. Thank you.

6:26:222

Thank you, sir.

6:26:33 – 6:26:5139

Chris B. Polanco, 669 Ben Darrow Street in the Saddlebrook community. You guys just pretty much proved like, I'm not gonna give you guys any grace. I don't think it's that you're not paying attention and you're not listening. You don't care.

6:26:53 – 6:27:2039

You've proven that this is pretty much a class issue. We have a rich white guy from out of town coming in and acting like he's gonna save our budget problem just by gracing us with his presence. And the only people that come up that try and get on these type of commissions and run from city council are usually people that are pretty well off. So, of course, the well off are gonna protect the well off. This is no surprise to me.

6:27:20 – 6:28:0539

I'm not actually disappointed because I expected this. But now you've given me something like, I'm not gonna be like Max where I'm gonna tell people to give up. I'm gonna tell them we need to do something different. We need to give up on electoralism. We need to give up on worrying about city council, and we need to hit the streets and start flipping tables. People can take that as a threat of violence and disruption if all they want. Maybe it'll come to that. Maybe it won't. I don't know. But it's time, like I wanna block Mayberry from building by just having us all just go camp out on his property, really tear his shit up, make it as difficult for him as possible.

6:28:05 – 6:28:4939

That seems to be the only way we're gonna stop this because you guys just made it easier for city council. No matter what you vote on the zoning part, we already know that probably six of them are gonna vote for this. Even one that I would think would be against it as much as she seems to care about the community. The fact that she's voted for the amendment last time shows that she doesn't care about the community. The only one that does is Amanda Rodriguez and the two that voted no on it this time. Thank you. So I know you guys don't care. You guys don't care about what the community said. You don't care about what's an idiot doofus off the street who just, on a whim, decided to run for city council. You don't care what I think. So I know I'm not hurting your feelings. But in case I have hurt your feelings, cry me a fucking river. We're gonna need it.

6:28:512

Thank you, sir. Yes.

6:29:0033

I mean, this was clearly a sham.

6:29:1460

David, when when you read

6:29:17 – 6:30:0133

the news and you, like, see, things are not going to get more peaceful, I think, in this country. It's not going in a good direction. And a lot of what's happening is young people are witnessing government that even at this most micro local level is not really critically engaging with their job or really listening to people. And that's having effects. And when you read the news and you see the chaos that's happening, and then five years when you see what's happening, and you shake your head, you're like, oh, well, the world's going crazy.

6:30:01 – 6:30:2333

Just remember that you have a lot of power, each of you, to write that future. It's being written. This And is what's happening here, I guess.

6:30:252

Thank you, sir.

6:30:3412

Gina Fleming, ten thirteen Dartmouth.

6:30:382

Any event? What?

6:30:4196

That was just talking to them. I'm sorry.

6:30:432

you get your name addressed

6:30:44 – 6:31:1812

to them? What happened between when Jim Garber died and tonight. You know, what what new information did you have that changed your mind? I I do appreciate that there is a difference between the preferred scenario amendment and a zoning change. So I haven't given up on you yet that maybe you're just looking at the preferred scenario and making a distinction between that and the zoning amendment.

6:31:18 – 6:31:5712

I wanted to make you aware too of something I brought up at the town hall that we had last week. This isn't about data centers, but I think we're a lot of us are not treated seriously. Like, maybe we're overdramatic or whatever. But the stated these are the actual titles of some continuing medical education credits I got last year. These are the titles from the American Medical Association's education website.

6:31:59 – 6:32:3312

And the two that stuck out there were a number of them related to climate change. And the two that stuck out were, why should extinction medicine be a medical specialty? The other one was, why health care still matters in the face of the end of humanity. The American Medical Association is trying to deal with the end of humanity. I really feel I can't imagine what it would feel like.

6:32:33 – 6:32:5812

I mean, I'm old. I'm not gonna be here that much longer. But to be younger or if you have children I have a child, but he's already an adult. But if you have children or grandchildren, we need to take this we need to take this seriously. Also, I just wanna reiterate that the restrictive covenants are irrelevant.

6:32:59 – 6:33:3512

So the LEED certification, these things, they're irrelevant. They would be very hard to enforce. And then in the presentation, I noticed that, okay, they they did concede that water use was connected to energy, but then when they compared residential to to to light to light industrial, they were just talking about on-site usage, and that was very misleading. And I would also like to reiterate that

6:33:372

You can finish.

6:33:38 – 6:34:0612

That this is a false eitheror situation between residential and light industrial or residential and data center. Even if you don't think it's appropriate for residential, that doesn't mean you should approve light industrial. We can bring it back again for another consideration. Thank you.

6:34:06 – 6:34:202

Thank you, ma'am. Anyone else in the chambers wish to speak? Do we have anybody online who wishes to speak? Ma'am, did you wish to speak?

6:34:24 – 6:35:061

Hi. Sure. I have no feelings right now, actually. I can't even really say that I'm disappointed. But one of the things I said at the town hall last week we were going to have a town hall. We were really hoping to hold the town hall so that we could all share space in a different and more democratic format. And that conflicted with the city's strategic visioning. So anyway, we hung out in a Pentecostal church for a bit. And I think one of the first things I said, directed at council, the mayor and mostly some city staff who was there, y'all want to live in a democracy?

6:35:10101

Some of us

6:35:13 – 6:35:421

yeah. We believe that we can co create the world that we want, and it seems like y'all want to be in the way of that. And I we're not gonna stop fighting data centers here. We're deeply devoted to this place, and sorry that y'all I I wish that we'd been able to have a more open dialogue. We will be holding a town hall soon.

6:35:43 – 6:36:221

But a lot of us are, you know, probably gonna get increasingly unwilling to engage in this kind of format because we're clearly not being listened to and are very well informed on this topic. And I wish we had a different way communicate. I tried emailing y'all, actually. I understand y'all used to have a Citi email. And when I did email y'all, it bounced back. It, like, went to spam. So it's been really hard to even communicate. Like, there's no easy direct line of communication. I wasn't sure if it, like I don't know. So it's very frustrating.

6:36:22 – 6:37:031

And some people are just so frustrated that they're just on they're unwilling to engage in this way. Way. And I think more and more of us are gonna feel less and less willing to engage in this way and and more and more willing to do other things to create the world that we want and that we need to survive. Yeah. That's that's mostly it. I'm I'm sorry that we weren't able to relay more information. Yeah. It's it's upsetting. And but all across the country and the world, people are fighting data centers, and they are winning. And we can too.

6:37:05 – 6:37:281

And I don't understand, yeah, like Gina said, what has changed since last spring. Like, y'all aren't supposed to be thinking about budget. Like, what's the reason to vote for this? Yeah. It was really poignant to rewatch that meeting and hear the things that y'all were saying and actually feel like we were listened to and hear what Jim said.

6:37:312

Thank you. Anyone else in the chambers wish to speak? Anybody online? No?

6:37:4369

Wait, I see somebody.

6:37:4498

Can I speak?

6:37:452

Yes, ma'am. Please.

6:37:47 – 6:38:10107

My name is Danielle Kit. I live at 1318 Hazleton Street in San Marcos. I'm fairly new to this, this debate that we're having here. But after seeing this tonight, I just wanna ask, what was the point of creating a comprehensive plan if you're not gonna listen to it? If you're not gonna listen to the people that participated in creating it?

6:38:142

We can discuss that later No. On in the We can't answer you right now. We can discuss it later in the agenda.

6:38:23 – 6:38:40107

Well, I hope that you do. You had how many people come in here and tell you that we didn't want this in our community? The only people that were in favor don't live in this town.

6:38:552

Before we close, does anyone else in the chamber wish to speak? Closed public hearing.

6:39:02 – 6:39:3695

Mr. Chair, for the purpose of enabling discussion, I'm going to recommend a partial approval of ZC 2,513 for all the requested tract with the exemption of a 50 foot buffer along the Northwestern property line of the Highlander SM one LLC tract adjacent to the private driveway Grant Harris Road. The 50 foot buffer would instead be recommended for a character district one CD one. Staff language. A staff language.

6:39:362

Staff language, sir. Approval based on staff recommendation.

6:39:402

Staff present? Okay. Motion approved by Commissioner Spell.

6:39:4561

I'll second it.

6:39:462

Second by Commissioner Burleson. Discussion? Yes, sir. Commissioner Agnew.

6:39:55 – 6:40:43105

I know that the restrictive covenants aren't really for us to negotiate with the applicant that that's for counsel to do or maybe staff. But I do have a number of comments on them that I think are of some significance that I'd like to go ahead and make because understand that these will hopefully at least be heard or read by some of our council members. And I don't know that the applicant has to worry about responding to any of these because I don't matter in this process. But I do have a number of comments. First, there's a twenty year term on the restrictive covenants.

6:40:43 – 6:41:06105

And the items that are the subject of these covenants aren't twenty year items. I mean, things like water usage, runoff, these are more perpetual type items. I don't I would strongly suggest, if I were counsel, I get rid of the twenty year term. It just doesn't make any sense. I mean, in twenty years, do we not care how much water they use?

6:41:07 – 6:41:38105

Do we not care how much runoff they have? I mean, obviously, we still would. I mean, actually, and somebody mentioned this earlier, and I've seen this, I think at one point there was a projection that came out of staff somewhere that our demand for water will exceed our supply in 2047. That's just a little over twenty years from now. And so it makes no sense for these to expire in twenty years because obviously at that point, we're still going to care a lot about water usage.

6:41:38 – 6:42:10105

So that's one comment I would make is get rid of the twenty year term. Secondly, I know it's been talked about a lot up here, including by me. I don't see anything in here that gives you any idea how these things are going to be monitored, what kind of reporting we should get. And again, particularly on the water usage, it seems like there's things that could be done to where the city is know, you just send us their water bill once a month or something. But there's nothing in here about monitoring and reporting, and I think there should be.

6:42:11 – 6:42:34105

There's a lot of items in here that start off if a data center is constructed on the property. There's probably five or six of them. And that seems kind of like an unnecessary hedge or something to me. I mean, there doesn't seem to be any doubt that they intended to put a data center on the property. And I would actually suggest that be eliminated in every case.

6:42:34 – 6:42:58105

I don't even know what the point of it is, honestly. I mean, in the worst case, I guess if they don't a data center and do something else, then these provisions would all become inoperative. And I guess they could use as much water as they wanted and so forth. And that's probably a far fetched scenario, but you never know. So I would strongly suggest that that be taken out everywhere it flies if a data center is on the property.

6:42:58 – 6:43:29105

One question on water usage I had, actually two. And I'm a little confused by this. In the staff presentation, and I think some of what the applicant has told us, there are two separate numbers for water usage. That one is 75,000, what is it, million gallons a day, and the other is like 20 to 35,000 gallons per day. And as I understand it, the first one is allocation, the second one is usage.

6:43:29 – 6:43:49105

But I don't know why the provision in here on water usage isn't based on usage. Why not put $35,000 in here instead of $75,000 $75,000 is an allocation, not $35,000 is your projected usage. Do you want to respond? I don't know if you want to or not. No?

6:43:52 – 6:44:20105

Up to you. Or I'll just go on with all of them. I want to finish, if you want to, you can respond to any of them. Also, on water usage, and this is a little tricky. But as several people have mentioned up here this evening, the water that gets used to produce the power for the data center will dwarf the amount of water that's actually used it's going to be used directly by the data center.

6:44:20 – 6:45:20105

I mean by like 30 times or more from the numbers I've seen. And in a sense, what's contemplated right now is probably a best case scenario for us since you're planning to use PEC for electric because the water they use, as I understand it, would not come from our watershed but from some other part of the state. And also understand that some of what some of their power comes from solar and wind, which also doesn't which doesn't require a great deal of water like natural gas or coal. But the one thing several people I know here in town who are very involved in conservation and water and so forth are very concerned that at some point the data center would decide they want to get their power directly from Hayes Energy. And the problem that would create is that Hayes Energy gets their water from the same source as the City Of San Marcos does.

6:45:21 – 6:46:12105

And that's that's something that I know they would like not to see and it makes sense that they would not like to see. And I would like to see something in here that obligated the data center to continue using PEC I mean, continue using PEC for power, I say, without the consent of the city to change. I mean, can understand there might be some reason down the line to change, but I would like to see something that at least gives the city the ability to sign off on that. Because could make a great deal of difference to water usage from our sources if that change ever got made. Another thing that's maybe kind of picky, and I can maybe see the problem on the LEED certification.

6:46:13 – 6:46:54105

What is being sort of represented here is that they will apply for LEED certification, but not that they will actually get certified as LEEDs. And I can kind of understand that because obviously the actual certification depends on the approval of some other body. But still, and I don't know what better, what could be done better than this, but if they were to apply for LEED certification and not get it, then that doesn't seem to be useful to the city or to anybody. And I don't know what could be done there, but maybe there's something better. Let me continue.

6:46:54 – 6:47:25105

Oh, the one on noise. Well, that's number G. Yeah, item G. And this is this is a little bit picky, but I can see we're under certain cases, it could make a difference. It says right now that they will the maximum noise level shall be 75 decibels as measured from either the closest right of way to the property or from the property line of the complainant, etcetera.

6:47:26 – 6:48:18105

And what bothers me about that is, particularly given the rather limited road system out there and the sort of gigantic block perimeter that this plant will sit in the middle of, it seems very possible to me that a complainant the property line of a complainant could be closer to the source of the noise than the closest public right of way. In fact, that seems very likely. And it would seem better to just word this as measured from both the closest right of way to the property and from the property line of the complainant just to kind of avoid the situation I'm concerned about. Let's see. It's just words, but I think it could make a difference under a certain situation.

6:48:18 – 6:48:47105

Also and I think maybe the way this has gone tonight, it's not the problem. It could possibly have been. But condition precedent where this whole thing becomes, I guess, null and void if they don't get the zoning they want by 03/18/2026. That's a pretty tight deadline. I mean, I see the schedule right, the second vote by city council, think, would be March 3.

6:48:48 – 6:49:30105

And I don't know if that's probably deliberately made tight, but I would think it would be something a little bit more or some longer deadline than that would be more realistic. I think it's certainly possible it could get delayed past March 18 but still ultimately get approved. So I guess I would just suggest a later date probably just to allow a little more slack in the process because that allows almost nothing. And let's see. Yeah, that's I think really all that I have.

6:49:30 – 6:49:55105

I had some questions about what kind of remedy, but I think that's been discussed here by the lawyers in the room. So that's really all I've got. And I guess I'm mainly just trying to put this on the record, hoping that somebody at counsel will notice it and listen to it and so forth. If the applicant has anything they want to say, that's fine. But it's not necessary, And that's really all I've done on that.

6:49:552

Do you have to give a not like to respond?

6:50:024

I'll just say that I think those are great comments, and we'll we'll take them all under consideration.

6:50:09105

Okay. Thank you. Appreciate it.

6:50:142

Commissioner Spell.

6:50:18 – 6:50:5195

Sometimes we get the luxury of having a proposal in front of us that is fantastic and wonderful and we we love it and we're all happy for it. And sometimes we get something like this, which the best case, can you say it's better than the alternative? The alternative, by the way, is the cloud burst facility, which is going in down the road outside the city of Levensh, which is, I believe, three and a half times larger than this this proposal for mister Mary. And someone mentioned the this is a watershed moment. The watershed moment has come and gone.

6:50:51 – 6:51:1495

It came in November when they broke ground cloudburst, and nobody from the city has any ability to stop that. And nobody from the county has any ability to regulate the property more than what the city can do. Our city's land development code is one of the strongest in our area. It is a gold standard in Texas. It is always it is always open for improvement, and we have process for improving it.

6:51:14 – 6:52:1995

But it is fundamentally better than what any county can legally do in the area that I'm aware of, and it is better than our surrounding states in terms of environmental protections, protections for our water, and protections for our river. So if the so fundamentally, from my perspective, a project like this in the city limits, in the and under the land development code and following it, regardless of whether there's restricted covenants, which is another factor, is going to be more environmentally better, all things being equal, than the exact same project being built a quarter mile outside of city limits. And so the issue, to some extent, is is this vote or is the the council direction when it comes to council, is it going to fundamentally increase the number of data centers built in our community or built in the greater San Marcos area and in great in the in the Central Texas area. And I don't believe it will. From ERCOT's perspective, ERCOT is finally the sort of the regulatory body that handles what you can tie into a grid or not.

6:52:19 – 6:53:0095

And so this project will have to tie into the grid. That's how you get the sort of jurisdictional for the for the senate bill. And I do, in a minute, wanna read from something from a news article that was provided to us from the statesman about what they're actually going to do because I know that came up from a commissioner back in December. I am looking at from from Murcott's perspective, I just don't see them caring whether a project like this is built in the city limits or built two miles down the road in the ETJ. Their their grid is not that precise. And so when you approve something like this, you scratch off another project in the ETJ

6:53:007

because they're going to look

6:53:02 – 6:53:4195

at this from a perspective of what can the grid handle. And, yes, ERCOT is going to be a lot more permissive than I'm sure some of people in the audience would prefer them to be. That's an issue for the state government to handle and the state legislature to handle. And there are elections for those in November, but we can't decide that tonight. What we have to look at is what's the best alternative for San Marcos? How do we mitigate the worst effects even if we're stuck voting for something that we may not personally approve of or personally like? We have a responsibility to the city and to the citizens to do our best with the hands we're dealt. And sometimes we are dealt a bad hand.

6:53:50104

think I have more of a comment than a question. But we do listen to you all.

6:53:572

All right, let's do back and forth. Let's not do back and forth.

6:54:00 – 6:54:18104

Oh, yeah. I'm not and I don't intend to, but what I wanna say is just because the vote didn't go the way you think it should have or it did or didn't, it it really bothers me. I think mister Baker said that he's given up. This is not the the body that makes the final decision.

6:54:202

Eric, we gotta stop. We gotta stop, guys. Let me listen.

6:54:22 – 6:55:00104

I'm not gonna I'm not gonna discuss, but what I want to let you know is that there's the process is not over here. And it really bothers me when citizens just give up. And I would encourage, if you don't like the way this goes tonight, regardless, go to city council. Elected. They're the ones that make that decision. They're the ones that need to hear what we heard tonight. And I'm sorry if you feel like we didn't listen because I, for one, do listen to you. It just didn't work. I have to go what was in front of me.

6:55:012

And then let's come back to the agenda item that we're discussing here. Commissioner Meeks? I

6:55:09 – 6:55:3927

do want to respond to the two commissioners that have already spoken, and then I do have some points I want to make. It's only a gold standard if we adhere to it. And I I understand what you're saying, commissioner Griffin, and I appreciate that. I do appreciate, you know, the work that our staff has done to give us a comprehensive plan and to give us an LDC and a preferred scenario amendment. My disappointment is in that I feel like we're not abiding by those documents.

6:55:40 – 6:56:2427

And the same thing about the waiting period. I think that probably the wrong call was made for all the right reasons. You know? Nobody tries to make a bad call, but I feel like it shouldn't have even been before us about the comp about the change in the PSA. And I feel like this shouldn't even be before us because there has not been a one year waiting period. So I feel like our gold standard documents aren't being followed. So that that does distress me. I also appreciate what you have said, commissioner Odekirky, but we are part of the process. We are a very important part of the process. And I I have listened to you.

6:56:24 – 6:56:5227

That's why my comments have been what they have been tonight. I don't know where commissioner Burleson may have gotten some documents that I didn't receive, but I have taken notes on every person that has come here. I read every letter that was sent to us. We had only four that were for it and 12 that were against it in the letters. And we had over a 100 people, almost a 100 people.

6:56:52 – 6:57:2227

And then if you count people that came again when the agenda item was up for discussion and spoke again against it, we had well over a 100 of our citizens saying, don't do this. We don't want this. I googled the addresses of the people, the four people that said they wanted it. They don't live anywhere near this property. Yet the people who are going to be impacted by these decisions are here tonight saying, don't do this to us.

6:57:23 – 6:57:5827

Please don't do this to us. And I brought up the example of the Woods apartment. We all know how those people who voted that in are now seen in San Marcos, how they are talked about. They voted it in for whatever reasons they did. It was disastrous for the people of San Marcos. I don't want that to be my legacy. I do not want that on my sheet, on my side of the ledger. I'm listening to you. I'm taking into account what is legal for us to do. I'm abiding by the rules.

6:57:58 – 6:58:1127

I feel like we do need to seriously consider the massive people that have come to us tonight with the research that they have done, and we need to listen that and consider that.

6:58:122

Could we go did you wanna discuss your objective to the agenda item? Or Sure.

6:58:1987

Or if you wanna approval

6:58:202

that we have in place?

6:58:21 – 6:58:4027

Sure. The zoning? That was that was part of it, David. Commission you know, chairman case. That was that was part of it. That all was part of it. Okay. So listen. This is why I'm not for the zoning change. For one, I do think that there are health concerns that we're not sure of yet.

6:58:40 – 6:59:1127

If anybody's done any research about data centers, you just Google health concerns with data centers. The list is long. Right? So I feel like until we are more certain about what the implications, the repercussions will be with animals, with the air quality, I think that we don't have any business approving the zoning change. Because like commissioner Agnew has made clear, it is clear that a data center is gonna go there.

6:59:11 – 6:59:4827

If this goes through and if council approves both the PSA amendment and the zoning change, then the data center will go there. So in effect, commissioner Agnew was correct. We are voting on whether or not we want to allow a data center. Right? So health concerns are big for me. Another, as you know, as I've said, think that we're improper to go ahead and vote on this because the one year wait period has not occurred. I also see this as spot zoning. And let me just read a little bit about spot zoning. So spot zoning let's see. Let's see.

6:59:48 – 7:00:2927

Let me get back to the spot zoning page. Or maybe it should just yeah. So spot zoning occurs when a city council I know that we're not city council, but remember we recommend a city council. So spot zoning occurs when a city council or you could say a planning and zoning commission disregards its comprehensive zoning ordinance. And I feel like that's what we would be doing. I just feel like we would be going against what citizen input has helped staff create in our land development code. Think that's going to be it for now.

7:00:292

Mr. Burleson?

7:00:30 – 7:00:4861

Okay. First of all, let me comment. The paperwork that I'm talking about, when I said that we received letters, they're the letters that staff sent to us that people sent in, and we all have them. Right. So it's not that people contacted us directly.

7:00:48 – 7:01:3061

I don't know how people could contact us because any information that we got, we got from staff. We didn't get it from the outside or anything like that. So I just wanna make that clear. We are listening. My vote on a lot of this had to do with cloudburst with no regulations, that type of thing. I sat here my very first meeting was another meeting just like this, and it was another big project. What is it? Out near Martindale.

7:01:30105

Smart Terminal.

7:01:31 – 7:02:0361

Smart terminal. If you go out there and you look at smart terminal now, it's a cluster. It's it's horrible because they have no regulations. So I only voted my conscious and what I thought would be better in the long run for the citizens to be able to have some type of regulation, period. That's why. Now, I'll save my question for staff after you all.

7:02:032

Commissioner Agnew. Yeah, I just

7:02:05 – 7:02:52105

I mean, my reasons are a little simpler than Commissioner Meeks, but I want to just I mean, I'm going to vote to deny the zoning change. I just want to explain why. One, which is probably not my main reason, but I did vote to deny the preferred scenario. And somehow, although it's a little tricky to think about, it seems kind of inconsistent to vote for the zoning change if I didn't vote for the preferred scenario amendment because in my mind, they're pretty much part of the same thing. But the bigger issue on the zoning change is that I could really only vote even if there had been no preferred scenario amendment involved in this whole process I could only vote for the zoning change if I was satisfied with what I saw in restrictive covenants.

7:02:53 – 7:03:34105

And obviously, I had a lot of issues with the restrictive covenants, some of which are important to me and one of which applies to a couple of which apply to water usage, which is a critical issue to so many people on this, which we barely discussed, if at all, frankly. But without restrictive covenants that I'm comfortable with, I can't vote for the zoning change. And it's not possible under the circumstances for me to have restrictive covenants I can be comfortable with because that has to get done by city council and that's in the future. So in that case, I'm just not comfortable voting for the zoning change right now, and I don't intend to. So that's where I'm coming from.

7:03:3666

Commissioner Branson?

7:03:37 – 7:03:4861

Quick question. For staff, why if it's not compatible with the comp plan did staff recommend partial?

7:03:50 – 7:04:18101

So for this existing proposal so I think there's two conditions. So this recommendation is contingent upon the approval of the preferred scenario amendment. It was, I guess, two two lines in that slide. If if if it's not if the preferred scenario amendment is not approved, then that recommendation would not hold any weight. Does that make sense?

7:04:182

Are you saying that as it goes to recommended up? Or are you saying that right now

7:04:23101

Can someone can someone pull up the recommendations slide, please? Sorry.

7:04:26 – 7:04:4866

And and I think while they're doing that, the whole point is that's why you have a preferred scenario amendment so that the zoning request could be compatible to the plan. But you're correct. It's not currently compatible unless amendment to the preferred scenario map occurs. So that I don't know if that's kind of what you're getting at. But

7:04:48 – 7:05:11101

And that c the CD one buffer specifically, I think, is is is really in order to mitigate the impact or, to a point, mitigate some of the impacts of the proposed zoning where you have, you know, kind of small a couple of small residential lots that are already there in the ETJ. That was the purpose.

7:05:142

Where's your spell?

7:05:15 – 7:05:4595

I was going to ask Steph if we could pull that map up. So my understanding is CD 1, in general, is about as close to empty ground as we tend to have for in the city. And so the idea is that these properties here I do want to confirm the applicant is amenable to this. This is this is something the applicant will accept, that this buffer would have to go into place as tied to the zoning.

7:05:46101

They have told me yes. They're nodding. I don't know if you want to read into I'll the

7:05:50 – 7:06:0395

take a nod is good enough. But that's why that's a condition there is to try and create a buffer between these properties because these are preexisting. And these are not the city limits. Is that correct?

7:06:03101

No. They are all outside the city limits.

7:06:0695

Okay. Thank you. Can I say

7:06:0861

one more thing?

7:06:092

Commissioner Meeks. Okay.

7:06:10 – 7:06:4127

All right. Let me just go again to when we make a zoning change. How should zoning be done? Right? So zoning must be compliant with the approved comprehensive plan. And it's not. What they're asking is not unless the PSA is done. But I would say, number one, it doesn't meet. It's not compliant with an approved comprehensive plan. Secondly, must be applied uniformly, meaning not part of some special side deal.

7:06:41 – 7:07:0527

You know that I believe that this qualifies as spot zoning. So this isn't being applied uniformly. Alright? And then the third part is must meet and follow the requirements of the city code including procedural requirements, which again, you know that I think it has not been. So just giving you reasons why I think this clearly should be voted against.

7:07:052

I need to take that page away from you. Commissioner Costilla? Commissioner Dunn?

7:07:11 – 7:07:31106

A few things. One, I understand that we have no input on the restrictive covenants. So I just kind of want this more on the record for counsel. Something that really stuck out for me was a citizen, and I apologize if I forgot your name, but if you're still here,

7:07:36 – 7:08:17106

monitoring the animal and human health, I don't know how feasible that is, but I think that is that's something that, for me, would be a no brainer to be put in the restrictive covenants. So my colleagues at council, I really hope that you take a look at that. I share the same concern regarding who is monitoring this, as commissioner Agnew stated. So, again, I hope my colleagues up above will get definitive answers of that. And then my last point is just more of a comment and really no questions.

7:08:17 – 7:09:00106

I've asked quite a few questions at last meeting and, yeah, mainly last meeting, but I don't wanna keep beating a dead horse. Maybe that's not the right analogy to use right now. But commissioner Bell kind of said it best for me. And I apologize if I'm not articulating this as thoroughly. I know it's all late for everybody. But this, for me personally, regardless of what decision, this is not an easy decision. It is not. I don't envy our position. I don't envy counsel. At the end of the day, like I said, this is just not an easy decision.

7:09:00 – 7:09:45106

For me, what I've taken into account is a lot of the citizens' comment regarding, of course, the utility usage and the impacts of what this could and could not have on health. Health. Well, me, gosh, I don't want to if we're going back and forth on if we're considering 400 homes, 500 homes, or another data center that would have no regulations I mean, I'm trying to think of the devil that I would pick from. But I couldn't go to bed at night thinking that I put a family next to a power plant. I don't think that's feasible for me.

7:09:45 – 7:10:28106

We're all entitled to our own opinions here. Secondly, if there's all these what ifs of what can happen, what if the status center does go to the county? Well, we have no regulations on on that. That. And that's something that has been stated a lot throughout this. And that's something I've taken into consideration. Our city has the most stringent codes in place. And to say that if to have the opportunity or to risk that for it to go to the county and there's been comments made by our elected officials that said, hey, we have no say. That causes me pause. So you can agree.

7:10:28106

You don't have to agree. But for me, this has not been an easy decision and still isn't. But I just wanted to say my two cents regarding that.

7:10:402

Any further discussion? Commissioner Brodson?

7:10:44 – 7:11:2061

Just one last thing. I think tonight, I don't think any of us knew how we were going to vote until the vote vote happened. But for me, when Abigail Lindsay got up and she spoke about how bad Cloudburst was, and she's watching it and the groundbreaking, that is what we fear is is no regulation. And I think that was the main thing for me too. That's why I just that was the turning point for me right there because I'd rather have regulation

7:11:212

Please don't. Please, please. I apologize. We we just I apologize. Okay. Y'all ready to vote?

7:11:30105

No. Commissioner Agnew. Yeah. Just just one comment on what Mr. Burleson said.

7:11:39 – 7:11:57105

Unlike some other things we've dealt with, in this case, the applicant didn't have the option to develop out of the city. His property has already been annexed. So it's not like some other things. So I don't think that was really an option to worry about, for whatever that's worth.

7:12:022

Okay. You're worried about? Roll call vote, please.

7:12:053

Sure. Groove and Spell.

7:12:11 – 7:12:303

Brian Van Notregrische. Of Board approval passes, of six to two.

7:12:34 – 7:13:032

This now brings us to questions and answer session with Press and Public. Oh, my goodness. Let's see. Next okay, we haven't had this in a while. The commission and staff may respond to questions related to items on this agenda. You do not have to respond. You can deflect. Is there anyone in the chamber who wishes to ask a question? May I

7:13:03 – 7:13:3030

get my name again? Doctor. Yes, Tindle, 614 Martin Luther King Drive, San Marcos, Texas. I'm sorry, I'm missing something. Why do you all think that this that approving this is gonna stop more stop ERCOT from approving more? Everything that I have heard, everything that I've read, does doesn't imply that, that this isn't gonna be one less in the county. So this is question and answer. Are y'all gonna answer? How does this work?

7:13:302

I'm not gonna answer.

7:13:3130

Y'all Okay. Mister Spell. Mister Spell, I

7:13:36 – 7:13:5195

am not an expert on this. I can give you my thought process. I'm not an expert on this. I can give you my thought process if you're asking, which I think you are. ERCOT has internal measurements, which I have not seen, about grid capacity.

7:13:51 – 7:14:3095

How many how many watts can we take out of the grid before the grid runs out of power based on the current capacity of electric plants that are currently in production and expected to go online in the future? For facilities that are built and they my my and my best guess, and I do not know, and, again, I am not an expert, but they probably have internal measurements of, well, we expect this area is gonna have room for x amounts of watts in the future. And my and my belief is that if there is something that gets built in the city limits, then it then that number goes down. And if it's getting outside of limits, it also goes down.

7:14:30 – 7:15:0030

Surely, there there's this is a sliding scale of what the grid is going to be able to accommodate. As the people on Mabry's team said that as the developers come as the data centers come in, then the grid is supposed to grow to accommodate it. That's what the the applicants themselves said. And So this is a sliding scale. Well, I don't this doesn't make sense that having one more data center here is gonna mean less one less data center in the county.

7:15:002

I apologize. I don't think you're going to get an answer that you want. I just don't think you're going get the answer You must

7:15:057

have an answer for

7:15:062

your reasons.

7:15:0630

This was the main reason

7:15:07105

a few of y'all

7:15:0830

voted for this. You must have an answer.

7:15:117

Where is it? Why didn't you ask

7:15:1295

Stack, Mr. Spell? This is not a back

7:15:172

It's not

7:15:172

and forth debate. I got it.

7:15:2095

No. Not from

7:15:2361

What do you all do here?

7:15:252

All right. Can I get a motion to adjourn? I get a motion to adjourn? Am I allowed to get a motion to adjourn?

7:15:3327

Can we do that, Sam, if there are still people It's wanting to ask

7:15:36 – 7:16:0366

up to the commission. But I do clarify, because of the Open Meetings Act, when it's not a debate, another thing to keep in mind, the record on the hearing was the vote. And now you're being asked to provide after the fact motivations. It's up to you if you want to answer. But you can also there's no requirement to answer here. You can provide follow-up information and things like that. It's a mandate that there be a debate.

7:16:0395

Yeah. Think if

7:16:04105

I could go over

7:16:0595

to provide comments after the better GREGORY think for me to well, the commission's do what they want.

7:16:19 – 7:16:327

The fact that you brought up Abigail as reasoning sorry, Saunders, New Yorkers, St. Marks. Michelle, the fact that you brought up Abigail as your reasoning for voting in favor of this would I

7:16:3261

didn't bring her up, meaning her You literally brought

7:16:36105

this morning.

7:16:3661

I brought I brought her up to to repeat her

7:16:4028

comments. Regardless.

7:16:4161

And that was what we feared.

7:16:43 – 7:16:567

Regardless, if she had been here to hear that, she would have just broken down. I know her very well. She's a good friend of mine. That would have sent her into a panic attack. She would be like screaming and crying about that, that you used her as justification.

7:16:56 – 7:17:1261

That's not justification. Her comments. What she said was already something that totally bothered me to think that we could have something of this magnitude to be out there without any regulation whatsoever.

7:17:12 – 7:17:567

Yeah. But now we get both. Thank you. I'm curious why when mister Mayberry came up here and answered miss Meeks' question, commissioner Meeks, and asked, hey. Would you, mister Mayberry, go back to building housing if this failed? And he said, yes. And yet when it failed, he said, I'm gonna keep forcing this issue. So I'm curious why you all chose to believe somebody that would lie openly to your face. And secondly, when why again, as I said earlier, now that you have a chance to respond and mister Spell, I appreciate you going out on a limb and engaging with that. I know we responded pretty drastically.

7:17:57 – 7:18:207

I I will take full responsibility. We're full we're a lot of emotions. But yes. You get it. You've you've been on the other side of these frustrating situations. So but none of you all asked that question. Commissioner Burleson, if that was your fear, where was that question for staff? For for the thing about the the s b six? Why did you not ask staff? You asked an attorney.

7:18:20 – 7:19:087

He doesn't know anything about s b six until something has to be ligated litigated about it. So all of you that voted yes, I I would appreciate and we all would like to better understand why again you thought it to base the sole part of your decision on this, well, we might get one or both, when you could have asked to clarify Tyler Horth was here, the guy that spewed the numbers about all the impacts that these things have on our electric grid, you didn't ask. And and and I and I get that there was a lot of conversation mister Rodrigo Noterkirk, you said very similar things about like, well, know, this is gonna go up to counsel, but we don't wanna abdicate all of our responsibilities and asking these questions and how important all these questions are to letting them get it right upstairs. Why not ask them now? It was in your purview.

7:19:10 – 7:19:327

Out of respect for this process and to help any of us want to continue to advocate for people to show up here, we need answers. Without that I guess y'all will continue to elect your friends. I I don't know. So any any answers from anybody? I yes. Mister Snell, appreciate

7:19:32 – 7:19:4795

Going back to what I said earlier, there is in the packet a newspaper article in the Awesome American Statesman that I was going to quote at one point. I ended up not doing so, but it is an yeah. Here it is. It is an interview from the ERCOT CEO. The ERCOT CEO, no data center worries, which I

7:19:477

think is a little bit of

7:19:48 – 7:20:1995

a sensationalist headline, but it does talk a bit about shutting data centers off completely if there is a power situation like we had with the winter storm, if they had the legal ability to meet because that's a standard that already exists in Texas for petrochem plants. They government can basically tell them, we need the power. You turn off your generators. You turn off your facility to the to the to a bare minimum or even completely off. Right. And that is something that is that is and that actually isn't in our packet.

7:20:19 – 7:20:377

Right. But the the that being different from whether or not two data centers can be built. Built. That that was the question. And and that went it justified your reasons to vote for it, and at the same time, was not asked of whether two could still be built and whether we're gonna just be doubly in trouble or not. So I I realize I'm over my time. Thank you.

7:20:38 – 7:21:2937

Mary Littlefield, Divine. So I've previously commented about the short time frames, whether it's been six months for renewal of an application or a year. I don't have a full understanding of that. But I've heard both quoted tonight and at the city council meeting where these proposals were denied. So from an ethics perspective, creating a short timeline and creating an imaginary enemy or triangulation, like the hypothetical other site, other out of bounds, out of regulation data center coming in, and the short time line and the hypothetical enemy, that all increases the risk of ethical blindness because the decision making is rushed.

7:21:2937

And it's also in part based on an imaginary threat. So I want to know why is that a culture why is that part of the culture I

7:21:40 – 7:21:5437

that's a a in in the decision making in organizations through the community. University of Lucerne.

7:22:042

I apologize. I don't have an answer.

7:22:0795

That's When Melody answers the question.

7:22:11 – 7:22:3427

Well, feel obligated to say I do try to work ethically, and I do try to consider all the important points when I'm coming to my own decision, my own conclusion. I can only speak for me. So, So I'm open to feedback if you guys think that I missed something.

7:22:3437

I think you did Well,

7:22:3627

thank you. I tried. I tried.

7:22:3880

Yeah. I think you did great.

7:22:39103

I'm talking about the overall culture

7:22:4037

of the board. And I appreciate your insights very deeply and greatly. Thank you. No other comments from the board,

7:22:5098

from the committee? No.

7:22:53106

So it's just

7:22:5437

the way things are around here, that's a toxic safety culture.

7:22:5895

I'm not a lawyer. Sam Maguire is.

7:23:027

What does the law have to do with ethics?

7:23:0469

Yes, ethics.

7:23:052

But if you want to ask a question, you can come to the podium.

7:23:087

You ask a question.

7:23:11 – 7:23:3412

Gina Flipping. My question is for Commissioner Burleson. I'm trying to understand, can you tell me what were the developers doing on cloud verse property that you thought the city of San Marcos would have the ability to regulate?

7:23:38 – 7:24:1461

What I was saying is that when Abigail Lindsay stood up there and she talked about how it was just a mess out there, the noises, that was something that I think is in there that the city could regulate. She's talking about them being woken up in the middle of the night and different alarms, things like that. Those that type of thing is alarming to me. And so that was something that just it stood out. When she started talking about it, I thought, okay. We could do a lot better than that.

7:24:16 – 7:24:4012

Well, she was talking about this is construction phase. This isn't like the decibel limits on a data center. There's no data center there yet. So so what regulations do you think the city of San Marcos is going to put into place so that there won't be noise during construction? She

7:24:41 – 7:24:5661

just started talking about noise. Mhmm. And I just responded to that. That was a trigger because that's something that everyone's been talking about. It's just no regulation because this is the difference.

7:24:56 – 7:25:5961

I think what really triggered it is nobody knows what they're doing, how they're doing it. Do you know how much water they're using? Has anyone had the opportunity to have this type of a forum to come, ask questions, whether you believe them or not, but at least you have the ability to come, to ask questions, to give input for us to try to make things a better you know, put things in a restricted covenant or give a recommendation to do that because we don't have control over that. Those are the things that I'm talking about is that at least there would be a conversation. If there's a problem that that people that live there notice and they come complaining to the city, but we have practices in place that could handle that or could mitigate that, then that that would be a much better That's all I'm saying.

7:25:5912

What what regulations could we put in place that would limit the energy usage?

7:26:08 – 7:26:2361

I'm not sure. I mean, it's it's the things that they're saying that they're only gonna use so much energy. And if it's in the restricted covenants that they could not use more than that, then that would be something to restrict it just like water.

7:26:24 – 7:26:4866

Right. And, again, we can answers could be provided after the meeting. And, really, the rules aren't to have a continuing debate, primarily because of the Open Meetings Act. Secondly, because the action was already taken by the commission. But, anyways, I think Mr. Chair. You already spoke did you already ask previously, sir? Yes. Or am I mistaken?

7:26:4827

Can we move to adjourn?

7:26:5095

Make a motion to adjourn.

7:26:532

I'll second.

7:26:5587

All in favor? Aye.

7:26:592

Guess, this letter, we can take care

7:27:0060

of Yeah.

7:27:00104

Let's let

7:27:0195

me take care of it.

7:27:012

We're not doing Roll call. Apologize.

7:27:033

Rodney Van Der Kurkey?

7:27:048

Aye. They have not spoken yet.

7:27:063

William Agnew? Aye. Joe Burleson? Aye. David Case?

7:27:113

Luby Garcia? Aye. Maria Dunn?

7:27:133

Amy Meeks?

7:27:143

Griffin Spell? Aye. We are adjourned at 02:03AM.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.