6.A. Public Hearing: Consider approval of an Ordinance of the City of Nacogdoches, Texas, amending Chapter 118 "Zoning"; Article I "In General", Section 118-1 "Definitions"; Article III "District Regulations", Section 118-273 "Land use schedule"; and Article IV "Supplementary District Regulations", adding Section 118-327 "Energy Storage System - Industrial (ESS-I)", of the Code of Ordinances of the City of Nacogdoches, Texas; providing a severability clause; providing a continuation clause; providing a repeal clause; and providing an effective date.

[6.A. Public Hearing: Consider approval of an Ordinance of the City of Nacogdoches, Texas, amending Chapter 118 "Zoning"; Article I "In General", Section 118-1 "Definitions"; Article III "District Regulations", Section 118-273 "Land use schedule"; and Article IV "Supplementary District Regulations", adding Section 118-327 "Energy Storage System - Industrial (ESS-I)", of the Code of Ordinances of the City of Nacogdoches, Texas; providing a severability clause; providing a continuation clause; providing a repeal clause; and providing an effective date.]

ITEM SIX. I CONSIDER APPROVAL OF AN ORDINANCE OF THE CITY OF NACOGDOCHES, TEXAS. AMENDING CHAPTER 118.

ZONING ARTICLE ONE IN GENERAL, SECTION 118 DASH ONE.

DEFINITIONS. ARTICLE THREE DISTRICT REGULATIONS.

SECTION 118 272. LAND USE SCHEDULE AND ARTICLE FOR SUPPLEMENTARY DISTRICT RESOLUTION REGULATIONS, ADDING SECTION 118 DASH 327 ENERGY STORAGE SYSTEMS INDUSTRIAL S DASH I OF THE CODE OF ORDINANCES OF THE CITY OF NACOGDOCHES, TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A CONTINUATION CLAUSE AND PROVIDING A REPEAL CLAUSE AND PROVIDING AN EFFECTIVE DATE.

MIKE, NEW DIRECTOR OF INFRASTRUCTURE AND DEVELOPMENT.

GOOD EVENING, MAYOR AND COUNCIL. MIKE. NEW EXECUTIVE DIRECTOR OF DEVELOPMENT AND INFRASTRUCTURE. TONIGHT'S PUBLIC HEARING ITEM IS AN ORDINANCE AMENDMENT FOR OUR CHAPTER 118 OUR ZONING ORDINANCE ADDING A LAND USE CATEGORY THAT HAS NOT BEEN PREVIOUSLY DEFINED OR INCLUDED WITHIN OUR CURRENT EDITION OF THE ZONING ORDINANCE.

NOW, WE'VE MADE MANY, I WOULD CONSIDER MINOR SOME POTENTIALLY MAJOR CHANGES OVER THE LAST YEAR TO OUR ZONING ORDINANCE.

WE'VE UTILIZED FEEDBACK FROM OUR ZONING ORDINANCE SUBCOMMITTEE.

THIS ONE, WHICH HAS FEEDBACK AND DISCUSSIONS INCLUDED.

I'LL COVER SOME OF THOSE THINGS, AND WE PRESENTED THIS ITEM AT THE LAST PLANNING AND ZONING COMMISSION MEETING ON JANUARY 12TH.

[00:05:04]

SO LET ME START ON THIS BY KIND OF DESCRIBING THE OVERARCHING THEME RELATED TO YOUR CONSIDERATION OF TONIGHT'S ITEM.

THE WHOLE STATE HAS SEEN AN INCREASE IN IN ENERGY SUPPLY OVER THE LAST YEAR.

MANY OF THAT FROM THESE ALTERNATIVE ENERGY RENEWABLE ENERGY SOURCES.

AND I PROVIDED SOME SPECIFIC DATA POINTS, 12GW BEING DEPLOYED ACROSS OUR ENERGY GRID, OUR ELECTRIC GRID TO DATE.

MANY OF THOSE COMING FROM THOSE RENEWABLES THAT I MENTIONED, THERE'S RAPID GRID SCALE DEPLOYMENT OF ENERGY STORAGE SYSTEMS TO GO ALONG WITH THAT, TO PROVIDE THAT STORAGE BASIS IN ORDER FOR THOSE ALTERNATIVE ENERGY SOURCES TO ACTUALLY SUPPLEMENT THE GRID, TO FACILITATE PUSHING THAT ENERGY WHEN IT'S NEEDED AT CERTAIN TIMES TO THE STATE'S ENERGY GRID.

WHAT DOES THAT MEAN FOR US? LIKE ANY OTHER CITY THAT COULD BE IMPACTED BY THIS TYPE OF LAND USE WE'RE EVALUATING WHETHER OR NOT IT FITS WITHIN OUR LAND USE CATEGORIES, OUR ZONING, WHAT THE PERMIT IMPLICATIONS MIGHT BE, WHAT THE SURROUNDING DEVELOPMENT IMPLICATIONS MIGHT BE, AND, AND HOW WE AS, AS A CITY OR CITY OF NACOGDOCHES, HOW WE WANT TO PRIORITIZE THAT WITHIN OUR, OUR LAND USE PLAN.

THE UNIQUE SAFETY PROFILE OF BESS, IN PARTICULAR, BATTERY ENERGY STORAGE SYSTEMS. WE'VE HAD SOME DISCUSSIONS WITH OUR ZONING ORDINANCE SUBCOMMITTEE ABOUT THE SOME OF THE POTENTIAL HAZARDS ASSOCIATED WITH THOSE THERMAL RUNAWAY TOXIC EMISSIONS, THOSE SORTS OF THINGS.

IF SOMETHING WERE TO HAPPEN TO A PARTICULAR SYSTEM THAT'S IN PLACE WHAT DOES THAT DO FOR THE SURROUNDING AREA? AND DOES IT CREATE SOME UNCERTAINTY? IT CERTAINLY DOES. DO WE WANT TO TREAT THIS AS A UNIQUE CASE IN TERMS OF LAND USE? SOMETHING THAT WASN'T INCLUDED WITHIN THE AGENDA.

I ADDED THIS BECAUSE I THOUGHT IT WOULD BE GOOD TO INCLUDE A VISUAL OF WHAT THESE BATTERY SYSTEMS IN PARTICULAR.

IT'S ONE EXAMPLE WOULD LOOK LIKE.

THESE ARE LARGER SCALE, BUT TWO THAT HAVE BEEN PROMOTED JUST IN THE PAST YEAR OR TWO IN OTHER AREAS OF TEXAS FOR THE WEST.

IT GIVES YOU A SENSE OF WHAT THESE LARGER, PARTICULARLY BEST SYSTEMS WOULD LOOK LIKE.

AND I'LL COVER WHAT THAT MEANS IN JUST A MINUTE. SO WHY IS THIS A CONSIDERATION FOR US? WE'VE HAD INQUIRIES OVER THE LAST YEAR OR TWO IN OUR SURROUNDING AREA AND FOR INQUIRIES WITHIN OUR CITY LIMITS ABOUT POTENTIAL OPPORTUNITIES FOR BATTERY ENERGY STORAGE SYSTEMS UTILITY SCALE PROVIDING SUPPORT FOR POTENTIALLY LARGER SCALE SOLAR FARM DEVELOPMENTS. ONE OF THE DEVELOPERS WAS, WAS QUOTED, I THINK IN, IN OUR DAILY SENTINEL ABOUT NEEDING UP TO 3000 ACRES TO SUPPORT A SOLAR FARM, BUT A BATTERY STORAGE SYSTEM POTENTIALLY IN, IN SUPPORT AND SUPPLEMENTING THAT ON THE GRID WOULD REQUIRE MUCH LESS SPACE.

SO BATTERY ENERGY STORAGE SYSTEM IS ONE TYPE.

THERMAL ENERGY STORAGE IS ANOTHER TYPE. THERE MAY BE OTHERS.

ONE OF THE THINGS WE WANT TO DO IN PRESENTING THIS TO THE COUNCIL FOR CONSIDERATION WAS NOT SOLELY LOOK THROUGH BLINDERS AT JUST BATTERY ENERGY STORAGE, ALTHOUGH THAT'S THAT'S THE TERM OF THE DAY AND CERTAINLY SOMETHING MANY CITIES ARE LOOKING AT. NOW, CAN THAT BE UNIVERSALLY APPLIED? IF IT'S A IF IT ALL SERVES THE SAME PURPOSE, IF IT'S MEANT TO SUPPLEMENT THE ENERGY GRID, CAN WE APPLY A TERM THAT THAT WE CAN SORT OF STAND BEHIND AND, AND FIND MEANING FOR THAT CAN SIMPLY BE APPLIED IF THERE'S OTHER DEVELOPMENT INQUIRIES OR OPPORTUNITIES THAT PRESENT THEMSELVES. WE HAVE A LAND USE CATEGORY TO ACCOMMODATE THAT. THE COMPARISON, SPECIFICALLY TO MY EXAMPLE ABOUT SOLAR FARM VERSUS BATTERY STORAGE, SOLAR FARMS NEED A LOT OF ACREAGE.

BATTERY STORAGE SYSTEMS IN PARTICULAR TO SUPPORT THOSE. SOLAR FARMS NEED A MUCH SMALLER LAND AREA. SO WHERE SOLAR FARMS MAY NOT BE COMPATIBLE WITHIN OUR CITY LIMITS BECAUSE WE DON'T HAVE A LARGE NUMBER OF 3000 ACRES.

WE MIGHT COME CLOSE, BUT WE DON'T HAVE A LARGE AREA LIKE THAT WITHIN OUR CITY LIMITS TO. REALLY HAVE TO NEGOTIATE THAT IN TERMS OF SPECIFIC INDUSTRIAL DEVELOPMENT.

BATTERY ENERGY STORAGE, MUCH SMALLER FOOTPRINT. AND BECAUSE IT'S CONNECTED TO THE GRID. IT COULD BE CONNECTED IN A WAY THAT STILL FALLS WITHIN OUR CITY LIMITS WHERE THE LARGER COMPONENTS FALL OUTSIDE OF OUR CITY LIMITS.

WHAT ARE SOME OTHER CONSIDERATIONS? IT MAY HAVE BEEN PRACTICE IN THE PAST TO SAY, WELL, IF IT'S NOT DEFINED IN OUR LAND USE.

IF IT'S NOT DEFINED IN OUR ZONING ORDINANCE SPECIFICALLY, THEN IT'S GENERALLY NOT PERMITTED. COURTS DO NOT SUPPORT THAT APPROACH TODAY, AND THEY'VE NOT REALLY HELD THAT TO BE A VALID CLAIM TO MAKE TO INTERESTED APPLICANTS.

IT IS WHY CURRENTLY WHEN OUR CITY PLANNER AND OUR DEVELOPMENT OFFICE AND OUR ENGINEERS, WE LOOK AT A PARTICULAR REQUESTED LAND USE.

IF WE DON'T HAVE A VERY SPECIFIC CLEAR DEFINITION AND LAND USE CATEGORY TO TO PUSH THAT INTO. WE IDENTIFY SOME THAT THAT FALL VERY CLOSE TO THAT AND SOME THAT REALLY WOULD FIT IN A LARGER CATEGORY.

AND WE UTILIZE THAT IN OUR CONSIDERATION AND OUR PROPOSALS TO THE PLANNING AND ZONING COMMISSION AND THE COUNCIL.

THERE'S REALLY NOT A LOT OF GRAY. AND WHEN THERE IS, WE DO BRING AMENDMENTS TO THE

[00:10:03]

COUNCIL. AND I'LL GIVE YOU AN EXAMPLE. THE TATTOO PARLOR AND BEAUTY PARLOR DEFINITIONS YOU'VE SEEN IN THE LAST, I THINK 3 OR 4 MONTHS AGO, FIVE MONTHS AGO. WE WERE SORT OF SLIDING THAT INTO A TATTOO SALON OR TATTOO PARLOR CATEGORY WHEN IT REALLY SHOULD HAVE BEEN SOMETHING DIFFERENT. WE CLEARED THAT UP WITH SOME ALTERNATIVE DEFINITIONS THAT ARE REALLY APPLIED AT THE STATE LEVEL FOR LICENSING PURPOSES SIMILAR TO THIS.

THIS WAS A IS A UNIQUE LAND USE THAT WE CAN'T REALLY SLIDE INTO OUR UTILITIES MAJOR CATEGORY WHERE IT'S PERMITTED ACROSS THE BOARD BECAUSE IT'S IT'S GOT SOME UNIQUE PROFILE TO IT. SO THE NEED FOR SSI, THESE IMPLICATIONS AND SOME OF THE DEFINED LAND USE THAT WE'RE APPLYING HERE FOR YOUR CONSIDERATION.

THERE'S JUST SOME, SOME PROFILES THAT WE THINK REQUIRE NOT ONLY INDUSTRIAL LAND USE CATEGORIZATION, BUT SPECIFIC USE PERMITTING IN PARTICULAR.

SO WHAT IS THE COMP PLAN, SAY FOR UTILITY SCALE TYPE OF USES AS THIS IS BEING PRESENTED? I HIGHLIGHTED IN RED ON SOME OF THESE BULLET POINTS, SOME OF THE POINTS WE THOUGHT MAY APPLY TO THIS SPECIFIC CASE.

NEIGHBORING LAND USES SHOULD NOT DETRACT FROM THE ENJOYMENT OR VALUE OF PROPERTIES. IF YOU HAVE WHAT WE CONSIDER INDUSTRIAL USE HERE, PLACING THAT JUST ANYWHERE, PERMITTING THIS JUST ANYWHERE DOES, DOES TAKE AWAY FROM POTENTIALLY THOSE NEIGHBORING LAND USES AND WHAT THOSE EXPECTATIONS ARE OF THOSE PROPERTY OWNERS.

OTHER NEGATIVE LAND USE IMPACTS NOISE ODOR, POLLUTION EXCESSIVE LIGHT TRAFFIC.

THERE'S OTHERS. THOSE REALLY NEED TO BE CONSIDERED AND MINIMIZED.

AND WE MENTIONED AND CAN SPEAK MORE IF COUNCIL HAS QUESTIONS ABOUT SOME OF THE POTENTIAL HAZARDS. WE DO HAVE REPRESENTATIVES OF OUR FIRE DEPARTMENT HERE TO SPEAK TO THAT.

WE ALSO HAVE A REPRESENTATIVE FROM ENCORE.

IF THERE'S QUESTIONS ABOUT HOW THIS FITS IN WITH THE ELECTRIC GRID OR THE INDUSTRY IN GENERAL. FOR INDUSTRIAL DEVELOPMENT, WHICH IS WHAT STAFF IS PROPOSING TO ESTABLISH HERE. THEY HAVE TO BE TARGETED IN SELECT DEVELOPMENT AREAS.

AND CERTAINLY HEAVY INDUSTRIAL AND LIGHT INDUSTRIAL ARE AREAS WE'VE IDENTIFIED NOT ONLY IN OUR ZONING MAP TODAY, BUT IN OUR FUTURE LAND USE MAP.

AND I'LL SHOW THOSE IN A MINUTE. THEY NEED TO HAVE GOOD ACCESS TO PRIMARY STREETS, MAJOR HIGHWAYS, TYPICALLY EVERYONE WOULD WANT THAT.

FOR COMMERCIAL OR INDUSTRIAL USE, SEPARATED FROM OTHERS BY BUFFERS AND SETBACKS CAN CERTAINLY ACCOMPLISH THAT.

IDENTIFYING CATEGORIES THAT WILL REQUIRE OTHER BUFFERING ZONING DISTRICTS TO ESTABLISH COMPATIBILITY WITH THE COMPREHENSIVE PLAN.

THAT'S ONE WHERE WE CAN ADDRESS THROUGH THE CURRENT DEFINITION AND THEN NOT DIRECTLY ADJACENT TO RESIDENTIAL AREAS.

IF WE'RE APPLYING AN INDUSTRIAL USE HERE, WHAT IS OUR FUTURE LAND USE PLAN? SAY SO JUST SHOWING A VISUAL OF OUR CURRENT PLAN.

AGAIN, THIS IS A PLAN THAT WAS ADOPTED IN 2003.

WE ARE WORKING, AS WE'VE TOLD COUNCIL AND KIND OF BACKED THAT UP BY APPLYING FOR STATE FUNDING TO MAKE SERIOUS UPDATES AND ANALYSIS TO OUR FUTURE LAND USE PLAN.

BUT THIS IS WHAT WE HAVE TODAY.

LARGER SCALE MANUFACTURING AND DISTRIBUTION ACTIVITIES CAN BE ACCOMPANIED BY WITH OUTDOOR ACTIVITY AREAS AND STORAGE.

THAT ALL FITS REALLY WITHIN THE MODEL OF WHAT PARTICULARLY BATTERY ENERGY STORAGE, BUT MAYBE SOME OF THESE OTHER ENERGY STORAGE SYSTEMS, THEY FIT WITHIN THIS CATEGORY PRIMARILY.

AGAIN, JUST REITERATING WHAT THESE OTHER CATEGORIES ARE.

SO YOU CAN SEE WHERE OUR PURPLE OR INDUSTRIAL HEAVY INDUSTRIAL LIGHT INDUSTRIAL, WHERE ARE THEY SURROUNDED BY? MANY OF THEM ARE SURROUNDED BY RURAL BUT ALSO SINGLE FAMILY RESIDENTIAL.

JUST BY WAY OF THE HISTORY OF THE COMMUNITY.

AND WHEN WE'VE ESTABLISHED OUR ZONING ORDINANCE AND HOW WE'VE APPLIED THOSE OVER TIME, MANY OF THESE ARE GENERATIONAL, MANY OF THESE HAVE NON-CONFORMING DEVELOPMENTS WITHIN THOSE ZONING DISTRICTS.

SO MANY OF THEM HAVEN'T DEVELOPED OVER TIME.

AND WHEN THEY HAVE, WE'VE REQUIRED ZONING CHANGES TO ACCOMPLISH THAT.

WHAT IS OUR ZONING ORDINANCE SUBCOMMITTEE SAY? WE AS A STAFF HAVE PRESENTED DIFFERENT VERSIONS OF SS REGULATIONS AND SHOWN EXAMPLES FROM OTHER CITIES. I'VE GOT SOME IN THIS PRESENTATION AS WELL FOR MEETINGS IN MAY, AUGUST AND OCTOBER OF 2025 WHERE WE'VE KIND OF REFINED AND TALKED ABOUT SOME WHAT SOME OF THE CONCERNS WOULD BE FROM THE PLANNING AND ZONING COMMISSION PERSPECTIVE, FROM ZONING BOARD OF ADJUSTMENT PERSPECTIVE, AND OF COURSE, FROM OUR COUNCIL MEMBER REPRESENTATIVES.

WILLIAM'S HAMMEL WE DID HAVE OUR FIRE DEPARTMENT COME IN AND TALK ABOUT WHAT MAKES THE PARTICULAR ENERGY STORAGE USES, LIKE BESS, FOR EXAMPLE, UNIQUE, AND WHY THAT MIGHT NECESSITATE SPECIFIC USE PERMITTING.

IN THIS CASE. SO THEY'VE THE SUBCOMMITTEE HAS HEARD FROM THEM ON THAT.

AND THEY'VE ALSO REQUESTED IN PARTICULAR ONE REQUEST THAT CAME OUT THAT I THINK WE'VE PAID CLOSE ATTENTION TO IS HOW DO WE SEPARATE ENERGY STORAGE ON A RESIDENTIAL SCALE, MEANING YOUR YOUR EV CHARGERS, YOUR ROOFTOP RESIDENTIAL SOLAR PANELS?

[00:15:03]

HOW DO WE SEPARATE THAT FROM INDUSTRIAL SCALE? WELL, ONE, WE WANTED TO BE CLEAR ABOUT THE DEFINITION.

WE'RE APPLYING ENERGY STORAGE SYSTEM INDUSTRIAL, BUT WE'RE ALSO PLACING A CAPACITY ON THAT ONE MEGAWATT HOUR CAPACITY.

TO DISTINGUISH WHAT WOULD NORMALLY BE RESIDENTIAL OR SINGLE USE OR WITHIN FOOTPRINT USE ENERGY STORAGE VERSUS PURPOSEFUL UTILITY SCALE ENERGY GRID SUPPORTIVE USES.

QUICK QUESTION, MIKE, SINCE I DON'T EVEN BELIEVE IT WATCHES THAT HAVE BATTERIES. US NOW WITH INDUSTRIAL USES, AND BLAINE'S USED TO THIS WITH HEAVY INDUSTRIAL USES. DOWN IN THE PETROCHEM COMPLEXES THEY HAVE THEIR OWN FIRE SUPPORT AS. AS. IS THIS SO NEW THAT THAT HASN'T EVEN COME IN INTO PLAY? MEANING THEY HAVEN'T BECAUSE YOU SHOULDN'T PUT YOUR MUNICIPAL.

NOW SOMETIMES THEY HAVE TO RESPOND AS WELL. THEY'LL WORK IN CONCERT, BUT TYPICALLY THEY HAVE THEIR OWN FIRE SUPPORT FOR THOSE FACILITIES ON SITE.

I'D LET BLAINE KIND OF SPEAK TO THAT PRESENCE BECAUSE AND THEIR OTHER STAFF NOW, I REALIZE THESE ARE PROBABLY NOT STAFFED, BUT IT DOESN'T MEAN IT SHOULDN'T HAVE ITS OWN FIRE SUPPRESSION SYSTEMS. ESPECIALLY GIVEN OUR HOW WOODED WE ARE AND ALL THE ABOVE.

I MEAN, THIS IS THIS MAY GET INTO, YOU KNOW, NO ONE WANTS TO DEAL WITH A BURNING TESLA.

NO OFFENSE TO THOSE OF US THAT HAVE TESLAS, BUT I DON'T THINK EVEN MOST FIRE DEPARTMENTS WANT TO DEAL WITH THE TESLA. AND I'LL ADDRESS THIS FROM AN F-150 GUY.

YEAH. AND I'LL ADDRESS A COUPLE OF THOSE COMPONENTS.

BUT I'LL KEEP GOING. I WANT TO PRESENT ALL THIS.

LET THE PUBLIC HEARING OPEN FOR COMMENTS, AND THEN I CAN ADDRESS ANY QUESTIONS.

WHAT DO OTHER CITIES SAY NOW? PARTICULARLY TO ADDRESS SOMETHING LIKE BATTERY ENERGY STORAGE.

SOME CITIES ADDRESS THAT VERY SPECIFICALLY.

AGAIN, OUR ATTEMPT IS WITHIN THAT TO ADDRESS SOMETHING LIKE BATTERY ENERGY STORAGE, WHICH IS WHAT WE'RE SEEING TODAY, BUT APPLYING A DEFINITION THAT CAN BE APPLIED FOR THE SAME REASONS TO ANY INDUSTRY LEVEL ENERGY STORAGE.

SO BAYTOWN UTILIZES SPECIFIC USE WITH SPECIFIC DEFINITIONS, SCREENING NOTICE REQUIREMENTS, AND DECOMMISSIONING REQUIREMENTS. THEY DON'T APPLY INDUSTRIAL ZONING RESTRICTIONS. BRIAN DOES APPLY INDUSTRIAL ZONING RESTRICTION AND SUPPLEMENTARY REGULATIONS SIMILAR TO SPECIFIC USE PERMITTING.

LEAGUE CITY PROVIDES SPECIFIC DEFINITION FOR BEST, IN PARTICULAR WITH OTHER SEPARATION, BUFFERING AND SAFETY REQUIREMENTS.

AND THEN TEXAS CITY ALSO PROVIDES A DEFINITION IN DISTRICT CLASSIFICATION.

THEY HAVE A WHOLE CHAPTER DEDICATED WITHIN THEIR ORDINANCE TO THIS PARTICULAR LAND USE OF BATTERY ENERGY STORAGE.

AND ONE THING I'D ADD TO WHAT MIKE SAID, TWO OF THOSE, BAYTOWN AND TEXAS CITY ARE HEAVILY INDUSTRIALIZED, I MEAN HEAVILY. SO WHAT IS THE INDUSTRY SAY WE DID, AND I'M NOT SURE IF THE PERSON THAT'S HERE THAT MAY BE PROVIDING COMMENT IS REPRESENTATIVE OF THIS GROUP. BUT I DID WANT TO SHARE WITH THE COUNCIL, AS I DID WITH THE PLANNING AND ZONING COMMISSION. ESSA SOLAR WAS ONE OF SEVERAL ENTITIES COMMUNICATING WITH PROPERTY OWNERS IN OUR AREA AND HAVE INQUIRED ABOUT WHAT CURRENTLY EXISTS IN TERMS OF ZONING REGULATION WITH BEST FACILITIES.

THEY'VE PERMITTED TO STATE THAT THEY ARE SEEKING A BEST WITH TEN MEGAWATT CAPACITY FOR A DURATION OF 1 OR 2 HOURS.

THAT GETS INTO MEGAWATT PER HOUR CAPACITY AND WOULD PREFER SPECIFIC USE, BUT IN ANY ZONING DISTRICT AGAIN, PRESENTING WHAT THEY'VE, WHAT THEY'VE SHARED AND THEY'RE CERTAINLY WELCOME TO PROVIDE COMMENTS IF THEY'RE HERE AND SUPPORTIVE OF SUPPLEMENTAL REGULATIONS INVOLVING THE MANY THINGS THAT WE'VE DISCUSSED. I'LL CONTINUE BECAUSE THERE'S OTHER COMPONENTS TO SOME OF WHAT WE'RE PROPOSING. IT'S BECAUSE OF OTHER THINGS THAT HAVE COME ABOUT.

SO OUR DEFINITION, ENERGY STORAGE, WE'RE PULLING 99% OF THIS FROM THE NATIONAL FIRE CODE. WE'VE RECENTLY, AS COUNCIL IS AWARE, AND THIS SUMMER, THIS LAST SUMMER, WE'VE UPDATED OUR OUR BUILDING AND FIRE CODES TO THE MOST CURRENT ADDITIONS WE CAN 2024.

AND I THINK 2023 ENERGY CODE.

THOSE CODES DO HAVE DEFINITIONS FOR SOME OF THE RESIDENTIAL SCALE AND EVEN SOME OF THE LARGER GRID SCALE ENERGY STORAGE SYSTEMS. SO MUCH OF THIS PULLS FROM THEM.

WHAT WE'VE INCLUDED HERE AS A WAY TO DISTINGUISH FROM RESIDENTIAL AND INDUSTRIAL IS THE CAPACITY RATING, THE ONE MEGAWATT HOUR.

SO WE'RE TRYING TO BE CONSISTENT WITH THE CODES THAT WE'RE ALREADY WOULD BE REQUIRING DEVELOPMENT TO FOLLOW IN TERMS OF WHAT WE PROVIDE AND HOW WE HOW WE EVALUATE AND INSPECT SOME OF THESE LARGER DEVELOPMENTS IF AND WHEN THEY COME IN.

WE'RE TRYING TO DISTINGUISH BETWEEN LARGE AND SMALL SCALE, BUT WE'RE ALSO APPLYING S

[00:20:02]

GENERALLY NOT JUST FOR BATTERY ENERGY STORAGE.

SPECIFICALLY, WE HAVEN'T SEEN AS MUCH REQUESTS OR INQUIRIES OUTSIDE OF BATTERY ENERGY STORAGE, BUT WE DON'T WANT TO BE TOO RESTRICTIVE LAND USE RECOMMENDATION HERE.

WE'VE PROVIDED BECAUSE IT, IT DOES FALL INTO THE CATEGORY OF WHAT WE CONSIDER HEAVY INDUSTRIAL.

WE'RE PROVIDING THIS EYE TO LAND USE RECOMMENDATION WITH SPECIFIC USE PERMIT THE STARRED ASTERISK THAT WOULD YOU WOULD SEE WITHIN OUR LAND USE SCHEDULE SIMPLY DENOTES THAT ANY POTENTIAL APPLICANT WOULD NEED TO REFER TO OUR SUPPLEMENTARY GUIDELINES FOR MORE INFORMATION. AND WHAT ARE THOSE GUIDELINES INCLUDE SECTION 327.

THERE'S A NEW SECTION THAT WOULD BE APPLIED CALLED ENERGY STORAGE SYSTEM INDUSTRIAL.

THERE WOULD BE A MINIMUM LOT SIZE OF ONE ACRE SETBACKS A MINIMUM OF 50FT.

AGAIN WE WANTED TO BE CLEAR ABOUT SAYING THAT THOSE ARE MINIMUMS, THAT IF A SPECIFIC USE UNDER CONSIDERATION BY THE COUNCIL, IF A PARTICULAR AREA DICTATED THAT A LARGER SETBACK OR A LARGER AREA OF LOT SIZE MIGHT BE NEEDED IN ORDER TO ACCOMMODATE A PARTICULAR AREA BASED ON SURROUNDING USES AND THE COUNCIL'S DIRECTION THAT COULD BE DONE.

THESE ARE SIMPLY MINIMUMS. PERIMETER FENCING, LANDSCAPING AND SCREENING SEPARATION, ALL TO SORT OF BUFFER THOSE HAZARDOUS ELEMENTS THAT THAT COULD BE ASSOCIATED WITH THIS PARTICULAR USE. AND THEN A DECOMMISSIONING PLAN.

THE PROCEDURE WOULD BE IN ACCORDANCE WITH STATE LAW. HOUSE BILL 3809 WAS PASSED DURING THIS RECENT LEGISLATIVE SESSION, ACQUIRING A NUMBER OF ITEMS FOR THIS PARTICULAR USE ENERGY STORAGE SYSTEM USES TO HAVE A LOT OF PLANNING ELEMENTS, SOME EVEN FINANCIAL THAT THEY HAVE TO PROVIDE AND REPORTING TO THE STATE THAT THEY'RE MEETING CERTAIN OBLIGATIONS.

WE WOULD WANT TO MIRROR THAT AND CONFIRM THAT THAT DECOMMISSIONING PLAN HAS BEEN JUSTLY PRESENTED TO THE STATE AS WELL.

AGAIN, WE'RE NOT NECESSARILY TRYING TO DO ANYTHING THAT WOULD CONFLICT WITH THE STATE WE WANT TO BE AND COMPLEMENT TO WHAT THE STATE IS DOING AND DO WHAT'S WITHIN OUR AUTHORITY AT THE LOCAL LEVEL AND WITH WHAT MATCHES OUR OWN PLANNING EFFORTS AND LAND USE DESIRES. AND THAT IS ALL I HAVE, AND I'D BE HAPPY TO ANSWER QUESTIONS AFTER THE PUBLIC HEARING. THIS IS A PUBLIC HEARING.

WE'LL GO AHEAD AND OPEN THE PUBLIC HEARING.

ANYBODY HERE TO SPEAK? OKAY. COME ON UP. YEAH.

BRANDON. YEAH. HI. BRANDY CARTWRIGHT, 2806 NORTH LINCOLN STREET.

I'M EXCITED TO SEE THIS ON THE AGENDA.

I THINK ALTERNATIVE ENERGY IS REALLY IMPORTANT, BUT IT'S ALSO REALLY IMPORTANT TO ZONE FOR IT.

I JUST HAVE TWO QUESTIONS.

ONE IS ARE WE COORDINATING OUR ZONING AND ZONING DEFINITIONS WITH THE COUNTY SO THAT WE HAVE A COMPREHENSIVE PICTURE OF WHAT IS ALLOWED? BECAUSE, I MEAN, YOU CAN'T PUT A 3000 ACRE SOLAR FARM IN THE CITY LIMITS, BUT THAT MEANS THAT WE'RE GOING TO HAVE FARMS OUTSIDE THE CITY LIMITS AND POSSIBLE STORAGE STUFF INSIDE, AND LOTS OF DIFFERENT COORDINATION IS GOING TO HAVE TO HAPPEN AS THE CITY GROWS IN THE FUTURE.

SO I WAS CURIOUS ABOUT THAT.

AND THE OTHER THING HE MENTIONED THAT PERSONAL LIKE RESIDENTIAL THINGS WERE BEING CONSIDERED FOR LIKE CARS AND THINGS LIKE THAT.

BUT I WAS CURIOUS IF THAT ALSO INCLUDED LIKE SOLAR CELLS THAT YOU PUT ON YOUR ROOF OR SYSTEMS THAT ARE FOR A SINGLE RESIDENCE BECAUSE I DON'T KNOW THE TERMINOLOGY.

SO I WASN'T SURE EXACTLY WHAT HE WAS SAYING.

LIKE YOU WANT TO ANSWER THAT? PARDON ME. OKAY. I'M MAKING NOTES.

OKAY. ALL RIGHT. OKAY.

ANYBODY ELSE? I GUESS IT'S MY TURN NOW.

THERE WE GO. WE GOT YOUR HAND OUT.

YES, SIR. MY NAME IS JONATHAN SANTIAGO.

MY COLLEAGUE ERNEST. WE ARE WITH ESA SOLAR, AS MIKE MENTIONED EARLIER.

WE'RE HERE TO TALK ABOUT PROPERTY.

ON 1902 DOUGLAS ROAD FORMERLY KNOWN AS GODSELL MINISTRIES.

SO WE ARE LOOKING TO POSSIBLY SITE A TEN MEGAWATT BATTERY ENERGY STORAGE SYSTEM LIKE MIKE MENTIONED. AND WE JUST WANTED TO TALK A LITTLE BIT ABOUT THE CURRENT DRAFT CODE THAT CLASSIFIES BEST OVER ONE MEGAWATT HOUR AS INDUSTRIAL USE SSI ALLOWED, AS WE JUST HEARD IN ONLY I TWO HEAVY INDUSTRIAL.

SO IN THAT SHEET THAT I SHARED, YOU GUYS IN THE FIRST PAGE YOU CAN SEE THAT

[00:25:01]

WE WANT TO PROPOSE AN ALTERNATIVE S S C FOR COMMERCIAL ENERGY STORAGE SYSTEM.

BECAUSE EVEN THOUGH UTILITY LINES AND TRANSMISSION ARE PERMITTED, ALL DISTRICTS AND SO, SO ARE OUR UTILITY FACILITIES AS WELL.

WE FEEL LIKE BATTERY ENERGY STORAGE SYSTEM IS AT THIS SIZE IS SMALL ENOUGH WHERE IT WOULD GO IN CONJUNCTION WITH THE, WITH THE SUBSTATION.

AS YOU SEE HERE, IT'S ALSO, IT WOULD ALSO BE SITED WITHIN A QUARTER MILE RADIUS AS WELL. AND WE ALSO HAVE THIS MAP HERE THAT KIND OF HIGHLIGHTS THE AREAS THAT ARE HEAVY INDUSTRIAL AND PURPLE.

AND THEN YEAH, AND PURPLE.

AND THEN YELLOW IS ALL THE RESIDENTIAL.

AS YOU SEE, THERE'S A LOT OF RESIDENTIAL ZONING HERE IN THE CITY AND IN THE RED CIRCLES HERE. THESE ARE THE SUBSTATIONS THAT ARE WITHIN THE CITY AND THE OUTLINE IS A QUARTER MILE RADIUS. SO AS YOU SEE, THERE ARE PRETTY MUCH NO INDUSTRIAL AREAS, LIGHT INDUSTRIAL, HEAVY INDUSTRIAL WITHIN A QUARTER MILE RADIUS OF THE SUBSTATION.

SO THAT IS WHY WE PROPOSE THAT IT WOULD BE ADDING ANOTHER SECTION OF SC.

AND TO ADD AS WELL, WE DEFINITELY AGREE.

SSI SHOULD BE RELEGATED TO THE I TWO DISTRICT WITH STRICT SAFETY REQUIREMENTS.

BUT WE JUST WANT TO CARVE OUT A SPACE FOR US FOR S FOR BATTERIES BETWEEN 1MW TO 10MW.

SO CAPPED OUT AT TEN. SO YOU WOULDN'T HAVE BIG SYSTEMS, BIG UTILITY SCALE SYSTEMS, 50 OR 150 THAT TAKE UP A LOT MORE ACREAGE.

AND WHAT MIKE SAID AS WELL IS CORRECT THAT THESE, THE, THIS PROJECT WOULD BE AROUND ONE ACRE, TWO ACRES MAX IF YOU INCLUDE FENCING PERIMETER ANY BUFFERING ROAD TO GET TO THE PROPERTY AS WELL.

BUT YEAH, SO KEEPING UP ALL THE SAME STRICT SAFETY STANDARDS WITH AS SSI, BUT ALLOWING ESC WITHIN ONE QUARTER MILES OF A SUBSTATION WITH A SPECIFIC USE PERMIT.

SO IT WOULD ONLY BE SPECIFIC USE ESC WITHIN A QUARTER MILE, SO WOULDN'T BE ANYWHERE IN THE CITY AS WELL.

SO YOU'RE LITERALLY RESTRICTED TO JUST FIVE AREAS WITHIN THE CITY FOR FOR THIS AS WELL.

ANY QUESTIONS SO FAR WITH WHAT I SAID? SO THE SEA IS UP TO TEN MEGAWATTS.

UP TO TEN MEGAWATTS. YES, SIR. WHO DO YOU WORK FOR? ESSA SOLER, WE WE ARE A SOLAR DEVELOPMENT COMPANY BASED OUT OF ORLANDO, FLORIDA ONLY. OH, WELL, WE WORK NATIONWIDE, BUT OUR OUR HEADQUARTERS ARE IN ORLANDO. OH, NO.

NOT WORLDWIDE. NO. US ONLY.

OKAY. ARE THESE BUILT ON SITE OR ARE THEY SORT OF PREFAB AND YOU BRING THEM IN? SO THE, THE BATTERIES ARE LIKE IT LOOKS IT'S LIKE A SHIPPING CONTAINER.

SO THAT'S BROUGHT IN AND TRUCKED IN.

AND THEN WE EITHER HAVE TWO OPTIONS.

WE EITHER PUT CONCRETE SLABS DOWN AND JUST PUT ALL THE BATTERIES ON A SLAB, OR WE HAVE PILES WHERE THEY'RE JUST DRIVEN IN EACH ONE AND SECURED THAT WAY.

AND THEN THE CONNECTION WOULD BE MADE THROUGH THE RIGHT OF WAY, THE EXISTING RIGHT OF WAY.

FOR THE UTILITY. STRAIGHT TO THE SUBSTATION.

ARE THERE AIR HANDLERS ON THESE BUILDINGS? BECAUSE I KNOW THAT SOME OF THE COMPLAINTS I SAY, WELL, THEY BUILD A SIX FOOT FENCE, BUT IT'S THE NOISE ON TOP OF THAT THAT SEEMS TO DRIVE THE NEIGHBORHOOD CRAZY.

I GOT YOU. THAT'S A GOOD QUESTION. SO WITH THESE SYSTEMS, THE GOOD THING IS THEY'VE EVERY YEAR THEY KEEP THE TECHNOLOGY KEEPS IMPROVING.

AND THAT'S ONE OF THE THINGS THAT KEEPS IMPROVING WITH THESE SYSTEMS. SO RIGHT NOW STUDIES SHOW THAT THESE BATTERIES CAN GO LOWER THAN 45 TO 50, 50 TO 45DB OF NOISE. SO IT'S, IT'S THE SAME AS YOU'RE DRIVING BY A SUBSTATION. YOU JUST HEAR A QUICK HUM AND THEN IT'S GONE.

SO THAT'S PRETTY MUCH HOW THE BATTERIES WOULD SOUND, ESPECIALLY THE SMALLER SCALE AS WELL.

A BIGGER INDUSTRIAL SCALE.

YES, DEFINITELY. YOU'LL HEAR SOME MORE NOISE THERE WITH THE INVERTERS AND ALL THE FANS.

A LOT MORE BATTERIES. BUT WITH THESE THE TEN MEGAWATT, YOU'D SEE 4 OR 5 BATTERIES AND IT'S, YOU KNOW, SMALL ONE ACRE AREA. SO THE NOISE THAT WOULD BE VERY MINIMAL AS WELL.

THE POLICE DEPARTMENT JUST DID A DECIBEL SOUND TEST HERE.

OKAY. AND THERE WAS NO DISCERNIBLE DIFFERENCE EXCEPT FOR THE PERSON'S IRRITATION.

I MEAN, THEY COULD SIT AND HOLD IT AGAINST A FRAT PARTY AND IT WOULD STILL PASS THE SMELL TEST OR THE SOUND TEST.

GOTCHA. BUT FOR THE PERSON LIVING NEXT DOOR, IT WAS DRIVING THEM A LITTLE BIT CRAZY.

THAT CONSTANT HUM. IS THAT SOMETHING THAT WE'RE GOING TO DEAL WITH? SO THAT'S SOMETHING THAT WE CAN WORK ON AS WELL WITH ADDING BUFFERING, ADDITIONAL BUFFERING, ADDING MORE TREES OR SPECIFIC TYPE OF FENCING AS WELL THAT CAN HELP WITH THAT.

SO THAT'S, THAT'S THINGS THAT WE'RE WILLING TO WORK WITH THE PLANNING AND ZONING COMMISSION TO ADHERE TO, YOU KNOW, IS THAT IN THE ORDINANCE?

[00:30:09]

SAY THAT AGAIN. IS THAT IS THAT WORKING WITH.

AND THE THINGS THEY'RE TALKING ABOUT, IS THAT WRITTEN IN THE ORDINANCE OR IS IT JUST SOMETHING WE'RE CONTEMPLATING? IT JUST IT DEPENDS. SO THERE'S SCREENING REQUIREMENTS WHEN THERE IS A COMMERCIAL BUFFERING RESIDENTIAL DISTRICTS.

THERE MAY BE REQUIREMENTS FOR LANDSCAPING IF IT IS ALONG ONE OF OUR OVERLAY DISTRICT CORRIDORS. SO IT JUST, IT DEPENDS ON THE LOCATION WHAT OUR REQUIREMENTS MIGHT BE. IT'S NOT NECESSARILY UNIVERSAL, BUT THOSE SPECIFIC REQUIREMENTS ABOUT SCREENING AND LANDSCAPING PARTICULAR TO A SITE, DEPENDING ON WHERE IT IS, WOULD FIT WITHIN THE TYPE OF DISCRETION WE WOULD EVALUATE WITH SPECIFIC USE PERMITS.

SO THAT'S TYPICAL. AND HISTORICALLY, JUST IN THE TIME THAT I'VE BEEN HERE, WE'VE UTILIZED SPECIFIC USE PERMITS FOR, SAY BAR AND RESTAURANT TYPE USES THAT GO INTO LATE HOURS OF THE NIGHT WHERE WE, THROUGH THIS SPECIFIC USE PERMIT, WE ASSIGN HOURS OF OPERATION BASED ON THE PROPERTY OWNER'S WISHES AND WHAT THE COUNCIL DEEMS APPROPRIATE FOR THAT AREA.

SO THIS WOULD KIND OF FALL INTO THAT CATEGORY IF WE DID THAT.

OKAY. THANKS. DO YOU GUYS MIND ME ASKING MORE QUESTIONS? ARE YOU READY? OKAY. CAN I ADD SOMETHING TO THE NOISE POINT? YEAH. HI, EVERYONE. GOOD EVENING.

THANK YOU FOR YOUR TIME ON THIS.

MY NAME IS ERNEST. I WORK WITH JONATHAN AT ESA.

I WANTED FOR THE RECORD TO STATE MR. MARTIN OF GOD TELL HIS COOPERATION ON THIS PROJECT, HIS INVOLVEMENT AS A MEMBER OF THE COMMUNITY, I THINK IS SOMETHING THAT WE DON'T SEE A LOT WITH OUR LANDOWNERS.

AND IT'S SOMETHING THAT WE THINK IS VERY IMPORTANT TO HAVE A HUMAN STORY, A HUMAN FACE TO THESE PROJECTS.

AND HE WAS ACTUALLY ABLE TO WALK US AROUND THE PROPERTY TODAY, AROUND THE SITE. THERE'S A LOT OF HEAVY VEGETATION SPECIFICALLY ON THE EASTERN SIDE OF THE PROPERTY. WHICH IS WHERE THERE'S GOING TO BE THE MOST DISTANCE BETWEEN THE SITE AND THE PROPERTY LINE. VERY, VERY HEAVY VEGETATION, SHRUBS, TREES. AND ONCE YOU GET TO THE ACTUAL PROPERTY LINE WHERE YOU START THE RESIDENTIAL AREA, THERE'S A SEVERAL PROPERTIES WITH WHAT LOOKS LIKE SOME DOG BREEDING GOING ON WITH A LOT OF BARKING. AND I FORESEE THAT BEING MORE NOISE THAN THE BATTERY SITE ESPECIALLY GIVEN THE, THE DISTANCE YOU'RE SHAKING YOUR HEAD NOW HE'S LOOKING AT ME PROBABLY.

I KNOW WHERE YOU ARE. OH.

OH, YOU KNOW THAT HOUSE? YEAH, YEAH, I KNOW THAT HOUSE.

I KNOW THAT AREA. YEAH.

THEY LOOK LIKE NICE FOLKS, BUT THE VOLUME OF THE DOGS, I THINK, WOULD BE MORE SUBSTANTIAL.

I MEAN, OBVIOUSLY WE'D HAVE TO MEASURE IT, BUT JUST TO BE PERSONAL.

BUT THE THE COMPLEX OVER THERE.

RIGHT AROUND FROM YOUR AREA OF GOD IS A COMPLEX OF HOUSING AREAS.

ACROSS THE STREET. RIGHT? RIGHT. OKAY. WITH THAT BEING TAKEN INTO CONSIDERATION WHEN EVERYTHING IS GOING WELL, NOBODY HAS A PROBLEM.

BUT ONCE THE PROBLEM OCCURS AND WHAT I MEAN BY THAT, YOUR FIRE DEPARTMENT. IF IF WE DO HAVE TO DEAL WITH SOMETHING OF THAT NATURE, WHO HANDLES THAT? WHAT DO YOU WHERE DO YOU GET OFF? YOU KNOW, WHERE DO YOU COME IN WITH US? WHAT SPECIFICALLY DO YOU MEAN? IF WE HAVE ISSUES WITH WITH YOU, ONCE YOU SET UP EVERYTHING WITH THE OPERATIONAL SITE. OPERATIONAL SITE.

OH, ALL THE YOU CAN GO NOISE WISE, YOU MEAN? YES. OKAY. OKAY. WELL, BY THAT POINT, WE WOULD HAVE AN APPROVED PERMIT AND APPROVAL WITH THE STATE AS WELL, BECAUSE IT WOULDN'T BE JUST WITH THE CITY.

AND ONCE, YOU KNOW, ONCE YOU START BUILDING A BUILDING, IT'S, IT'S, IT'S ALREADY GONE.

SO ONCE THE SYSTEM IS OPERATIONAL, THE PERMIT WAS APPROVED BY, BY THAT POINT. SO. SO YOU'RE ASKING US TO NOT ADOPT THE ORDINANCE THAT IS PROPOSED OR TO AMEND IT TO INCLUDE ANOTHER CATEGORY AM I UNDERSTANDING CORRECT? CORRECT. YES. SO WE ARE OPEN TO TO BOTH OPTIONS.

WE ARE OPEN TO HAVING MORE DISCUSSIONS WITH THE PLANNING COMMISSION TO FURTHER DEVELOP AN ORDINANCE AMENDMENT THAT YOU GUYS ARE COMFORTABLE WITH AND THE CITY IS COMFORTABLE WITH. OF COURSE. BUT YEAH, WE MAINLY JUST, JUST WANT TO BE HEARD OUT AND ANSWER ANY QUESTIONS THAT THE PLANNING COMMISSIONER YOU GUYS MAY HAVE REGARDING

[00:35:03]

SAFETY OR HOW THESE BATTERIES WORK THAT WAY.

EVERYBODY IS FULLY EDUCATED ON HOW THESE SYSTEMS FULLY WORK.

BECAUSE WE SEE NATIONWIDE MORE AND MORE TOWNSHIPS AND CITIES ADOPTING ORDINANCES WHERE THEY DON'T REALLY UNDERSTAND THE FULL CONCEPT OF HOW BATTERIES WORK. AND WE'VE SEEN SOME CITIES NOT HAVE THE CORRECT LET'S SAY DECOMMISSIONING PLANS AND THINGS LIKE THAT.

AND THEN IN THE, THE END OF THE PROJECT, THEY'RE JUST STUCK WITH THE PROJECT THERE.

AND IT'S NOT RUNNING, IT'S NOT BENEFITING THE CITY. SO THAT'S WHY WE, WE WANT TO COLLABORATE TO MAKE SURE IT'S, IT'S, WE DON'T, WE DON'T JUST WANT TO BENEFIT OURSELVES OR THEY'RE ADOPTING ORDINANCES BECAUSE OF ACTUALLY HOW THEY DO WORK.

YEAH, IT GOES BOTH WAYS.

YEAH. SO IS IT APPROPRIATE NOW TO ASK MR. NJOO HIS OPINION OF WHY WE SHOULD STAY WITH THE ORIGINAL? I WOULD LOVE TO HEAR HIS OPINION ON THIS.

CAN I ASK THAT WE CLOSE THE PUBLIC HEARING FIRST? YEAH. IF THERE'S ANY MORE COMMENTS THAT THOSE BE PRESENTED AND THEN WE CLOSE. IT'S FINE. I DON'T HAVE ANY OTHER QUESTIONS, BUT I DON'T KNOW IF ANYBODY ELSE.

YEAH. YES, SIR. SO THIS IS REALLY INSTRUCTIVE TO TO SEE THE THE AREA YOU'RE PROPOSING.

YEAH. IS ASIDE FROM THE THE BOXED IN GREEN PORTION.

IS THAT A SATELLITE PHOTO? THAT'S, THAT'S A 3D RENDERING THAT OUR TEAM PUT TOGETHER BASED OFF A SATELLITE PHOTO.

YES. OKAY. I WAS JUST MAKING SURE THAT I UNDERSTOOD WHICH DIRECTION YOU WERE TALKING ABOUT. THE HEAVY VEGETATION BEING BECAUSE I.

IT LOOKS LIKE THERE'S NOT A WHOLE LOT TOWARD THAT RESIDENTIAL AREA.

YEAH. AND, AND THAT'S A GOOD POINT.

AND THAT'S ONE OF THE THINGS THAT WE'D BE WILLING TO, TO WORK ON AND HAVE AS PART OF A, LET'S SAY, PERMIT APPROVAL TO ADD MORE VEGETATION OR MORE BUFFERING IN THAT AREA BECAUSE AM I, AM I RIGHT THAT THAT'S EAST? YEAH. OKAY. JUST MAKING SURE.

OKAY. THANK YOU. IF I MAY, I TOOK SOME PHOTOS ON MY PHONE.

IF ANYONE'S CURIOUS OF WHAT IT LOOKS LIKE WHEN WE WERE OUT THERE TODAY.

I CAN SHOW YOU. OBVIOUSLY, IT'S ONLY, YOU KNOW, FROM THE VIEWPOINT OF A PERSON, IT'S NOT AN AERIAL, BUT SOMETHING THAT WE LIKE TO DO WITH THE PERMISSION OF THE LANDOWNER IS TO TAKE SOME DRONE FOOTAGE OF THE SITE, SO YOU CAN GET A MORE ACCURATE VIEWPOINT FROM, YOU KNOW, 50, 70FT AND NOT JUST THE GROUND VIEW.

SO THAT'S SOMETHING THAT WE CAN DO AT A LATER TIME, NEXT MONTH OR THE MONTH AFTER THAT AND SHOW THAT TO YOU GUYS.

OKAY. SO ARE YOU BUYING THE WHOLE PROPERTY OF GOD? WE ARE NOT BUYING ANYTHING.

WE ARE LEASING. YES. OUR MODEL IS TO BE ABLE TO PROVIDE OUR, OUR LANDOWNERS WITH SOME INCOME FOR THEIR LAND.

OKAY. WELL, LET ME ASK ONE OTHER QUESTION.

WHAT ARE THE DANGERS AND WHAT ARE THE POSSIBLE DANGERS WITH LARGER BATTERY STORAGE SYSTEMS. WELL, THERE'S A FEW THINGS THAT CAN THAT CAN HAPPEN.

WELL, THERE ARE SCENARIOS THAT, YOU KNOW, ANYTHING CAN CAN HAPPEN WHEN IT COMES TO BATTERIES. THE GOOD THING IS THAT THERE'S A LOT OF NEW SAFETY FEATURES THAT ARE BUILT INTO THE BATTERIES, AND THERE'S A LOT OF NEW SAFETY STANDARDS THAT NOT JUST NOT FOR THE CITY WE HAVE TO FOLLOW, BUT STATEWIDE CODE THAT WE HAVE TO FOLLOW.

SO WHAT ARE THE DANGERS? NOT THE SAFETY PROTOCOLS.

WELL, LIKE ANY OTHER BATTERY.

THE BATTERY COULD MALFUNCTION AND STOP WORKING.

AND YEAH, FIRE. FIRE COULD CATCH FIRE.

IT COULD. YES. AND THE LARGER THE SYSTEM IS, PROBABLY THE HIGHER THE RISK.

IS THAT CORRECT? YOU COULD SAY THAT.

OKAY. YEAH. WOULD OUR FIREMEN BE ENDANGERED BY HAVING TO WORK ON PUTTING THESE THESE TYPE FIRES OUT? WELL IT DEPENDS.

THEIR THE SYSTEM, THE MANUFACTURER WOULD PROVIDE SPECIFIC TRAINING AND MANUALS TO THE LOCAL FIRE DEPARTMENT FOR THEM TO FOLLOW, AND WHAT STEPS TO FOLLOW AND REACH OUT TO CONTACT SPECIFIC CONTACTS TO REACH OUT TO.

IN ORDER TO MANAGE THAT, IF IT WERE TO COME TO THAT CATASTROPHE, THERE ARE STEPS FOR THE DEPARTMENT TO FOLLOW, BUT THE CITY THEN WOULD HAVE TO TAKE OVER.

I'M SORRY, YOU'RE READY.

BUT WITH THAT BEING SAID, THEN THAT MEANS THAT THERE'S GOING TO HAVE TO BE SOME DIFFERENT EQUIPMENT BOUGHT FOR OUR FIRE DEPARTMENT TO COVER THAT.

RIGHT. AND, AND THOSE ARE THINGS THAT CAN BE WRITTEN AS WELL FOR FOR PERMITS.

YEAH. I THINK MAYBE THE, THE FIRE DEPARTMENT WOULD LIKE TO SPEAK TO THIS, BUT I THINK THEY SAID IF THEY HAD TO PUT OUT A FIRE AT A BATTERY STORAGE SYSTEM, ALL THE EQUIPMENT THAT THEY WORE WOULD HAVE TO BE REPLACED.

IT'S A ONE TIME USE KIND OF THING.

IS THAT CORRECT? DOES ANYBODY WANT TO TALK TO THAT? WE HAVE TO CLOSE THE PUBLIC HEARING. OH, SORRY.

YEAH. OUR CITY MANAGER HAD A QUESTION.

THE ONLY OTHER QUESTION IS IN TERMS OF COUNTRY OF ORIGIN, OF THE HARDWARE AND THE EQUIPMENT.

IT JUST DEPENDS. AT THE MOMENT, WE'D LIKE TO USE TESLA THAT ARE MAINLY MADE

[00:40:04]

HERE IN AMERICA. AS YOU KNOW, WITH THE INCENTIVES, NOT INCENTIVES, SORRY, WITH THE, THE TARIFFS AND ALL THAT.

YEAH. NOT IN SENSE THE OPPOSITE OF INCENTIVES WITH ALL THE TARIFFS AND ALL THAT.

WE ARE DEFINITELY LOOKING TO USE MORE AMERICAN MADE PRODUCTS.

THAT'S TO SAY NOT 100% GUARANTEE THAT THAT'S GOING TO BE THE CASE DEPENDING BECAUSE THE PROJECT WOULD TAKE A FEW YEARS TO GET APPROVALS FROM THE LOCAL UTILITY AND ALL THAT. SO IT'S NOT LIKE WE, IT WOULD JUST CONSTRUCTION WOULD START TOMORROW. THERE'S A WHOLE OTHER PROCESS THAT WE HAVE TO GO THROUGH.

SO OUR GOAL USUALLY IS TO YEAH, TO USE.

SO. SO YOU DON'T WANT TO GO TO CHINA, CHINA.

SO GET YOUR STUFF AFTER THE THE PASSING OF THE ONE BIG BEAUTIFUL BILL ACT COMPANIES LIKE OURS ARE REQUIRED TO SOURCE A A CERTAIN MINIMUM OF ALL OF OUR MATERIALS IN THE UNITED STATES. SO BY LAW, WE WE HAVE TO USE AMERICAN.

OKAY. JUST REAL QUICK ON THE, THE FIRE QUESTION BECAUSE OF ALL THESE FIRES THAT WE'VE SEEN IN BATTERY SYSTEMS THE VAST MAJORITY OF THIS TECHNOLOGY THAT'S BEING DEPLOYED NOW IS HAVING ALL OF THESE ISSUES IN MIND.

AND THE WAY THEY'RE DESIGNING THIS IS WITH WHEN THERE'S A FAILURE IN THE CELL, IT DOESN'T SPREAD TO THE OTHER CELLS, AND THERE'S A CONTINGENCY FOR THAT FAILURE TO BE CONTAINED. AND THESE SYSTEMS CAN EVEN HAVE BUILT IN EXTINGUISHERS, SUPPRESSION SYSTEMS, SO THAT WHEN THERE IS THAT FAILURE, IT'S ONLY IN THAT PIECE AND DOESN'T SPREAD TO THE ENTIRE SYSTEM.

WHAT'S GOD TELLS LIABILITY ON THIS? I DON'T THINK THAT THERE IS MUCH AT ALL.

I DO, YOU KNOW, THE, THE SINCE WE WOULD BE TECHNICALLY IN CHARGE OF THAT PIECE OF THE LANDS. THE. THEY'RE NOT OWNING THE EQUIPMENT OR ANYTHING LIKE THAT, SO THEY'RE NOT LIABLE FOR ANY OF THAT. BUT IF IT IF IT BURNED TO THE GROUND AND THEY BURNED FOR A LONG TIME. RIGHT.

WHEN THEY BURN. IS THAT TRUE? USUALLY. WOULD THAT RUIN THE LAND? WOULD IT BE A HAVE. WOULD IT BE POLLUTED FOREVER, A LONG TIME. AND THAT'S WHAT WE.

THAT'S WHAT WE WOULD HAVE TO SEE.

THERE'S NOT A LOT OF CASE STUDIES TO SUPPORT THAT LAND HAS BEEN POLLUTED FOR MANY YEARS.

SO IS IT POLLUTED FOR.

HAVE THEY HAD ANY CASE STUDIES.

FIVE YEARS, TEN YEARS.

THAT'S WHAT THERE'S, THERE'S OLD BATTERY FIRES IN SOME FACTORIES IN CALIFORNIA THAT HAPPENED A FEW YEARS AGO THAT THEY'RE CURRENTLY UNDER STUDY.

TO SEE HOW THOSE HAVE AFFECTED THE LAND AROUND THE AREA.

BUT THEN AGAIN, THAT'S OLDER BATTERY TECHNOLOGY THAT WAS USED.

THAT IS NOT THE SAME. THOSE ARE SYSTEMS THAT WERE INSTALLED IN 2015, 2016. SO TECHNOLOGY HAS CHANGED SUBSTANTIALLY SINCE THEN.

AND EVEN THE WAY THE MATERIAL, THE BATTERIES ARE MADE AS WELL.

OKAY. ANY OTHER QUESTIONS? WITH PUBLIC HEARINGS STILL OPEN.

MAYOR. YEAH, I'LL SEE IF ANYBODY ELSE WANTS TO ADDRESS ANYBODY ELSE FROM THE AUDIENCE.

THANK YOU. WANT TO SAY ANYTHING? YES, SIR. THANK YOU. I'M MARTIN BAKER WITH GOD MINISTRIES. OUR ADDRESS IS 1902 DOUGLAS ROAD.

THE PROPERTY THAT ISSA IS TALKING ABOUT IS OUR PROPERTY.

AND ALL OF OUR MISSION IS ON ONE SIDE OF THE RIGHT OF WAY, AND THE PLACE WHERE THEY'RE GOING TO BE PUTTING THIS BATTERY STORAGE THING IS ON THE OTHER SIDE OF THE RIGHT OF WAY, AND IT IS SEPARATED BY A NUMBER OF TREES, QUITE A BIT OF VEGETATION FROM ON OUR SIDE, AS WELL AS ON THE SIDE TOWARDS THE ROAD OVER ON RITCHIE RITCHIE STREET, THE CLOSEST RESIDENTIAL TO WHERE THEY'RE GOING TO BE WANTING TO BUILD IS IS ACTUALLY OVER TOWARDS I THINK IT'S LOUISVILLE ROAD.

THERE'S A FEW HOUSES OVER THERE.

ON ONE OF THE SIDE ROADS AND THEN A FEW HOUSES RIGHT ALONG LOUISVILLE.

BUT WE'VE BEEN WORKING WITH THIS ESSAY FOR SOME MONTHS NOW WORKING OUT THE DETAILS ON THE LEASE AND THE PROPOSAL THAT THEY HAD AND SOME OF THE QUESTIONS THAT Y'ALL HAD ABOUT SAFETY AND STUFF ARE SOME OF THE SAME THINGS THAT WE HAD SAFETY AND IMPACT.

HOW IS IT GOING TO MAKE US FEEL? IS THERE GOING TO BE ANY TREMENDOUS DANGER THAT WE'RE GOING TO BE FACING SINCE IT'S GOING TO BE RIGHT ON OUR PROPERTY? AND SO WE'VE BEEN ASSURED FROM THE STUDIES THAT WE'VE DONE, YOU KNOW, THE, THE INFORMATION THAT WE'VE RECEIVED AND THE THINGS THAT WE'VE LEARNED FROM THEM AND FROM OTHER RESOURCES THAT THIS IS GOING TO HAVE A MINIMAL IMPACT.

AND THERE'S MINIMUM DANGER INVOLVED WITH WITH THESE SYSTEMS. AND SO WE'VE BEEN HERE FOR 50 YEARS, AND WE DON'T WANT TO DO ANYTHING TO ENDANGER THE COMMUNITY WHATSOEVER.

AND SO WE'VE BEEN SATISFIED WITH THE ANSWERS THAT WE'VE GOT AND THE INFORMATION THAT WE RECEIVED FROM THEM AND FROM OTHER SOURCES.

SO IF THAT HELPS YOU ANYWAY, WE'VE LOOKED INTO IT AS BEST WE COULD.

[00:45:02]

AND I KNOW Y'ALL ARE GOING TO DO DUE DILIGENCE TOO.

SO THANKS. THANK YOU SIR.

ANY OTHER COMMENTS FROM THE AUDIENCE? IF NOT, I'LL CLOSE THE PUBLIC HEARING AND INVITE MR. NEW BACK UP TO ANSWER SOME OF THESE QUESTIONS.

EVENING, MAYOR AND COUNCIL. I'LL ADDRESS ONES I'VE GOT NOTES ON AND THEN COUNCIL MEMBER BELLINGER, I MAY ASK YOU TO REPEAT YOUR QUESTION.

COORDINATION WITH NACOGDOCHES COUNTY.

THE CITY HAS UNIQUE AUTHORITY IN LAND USE REGULATION, ZONING ORDINANCES THAT THE COUNTY DOES NOT HAVE. SO WE WOULD NOT BE SORT OF WALKING IN TANDEM WITH THIS. WE HAVE WE ARE AWARE OF THINGS HAPPENING IN THE COUNTY.

AND I KNOW RICK'S SPOKEN WITH SOME FOLKS, AND FOR US TO UNDERSTAND WHAT THOSE IMPACTS WITHIN OUR ETJ AND THE COUNTY AREA MIGHT BE, BUT WE HAVE THAT UNIQUE AUTHORITY IN LAND USE REGULATIONS THAT IT'S NOT NECESSARILY SOMETHING WE WOULD GO HAND IN HAND WITH WITH ZONING ORDINANCE, BECAUSE THE COUNTY DOESN'T PROVIDE FOR THAT. ONLY OUR MUNICIPALITY DOES.

BUT WE ARE AWARE OF WHAT'S HAPPENING AND WE'RE COMMUNICATING WITH THOSE OFFICIALS AS BEST WE CAN. THE ONLY THING I'D ADD IS IT WOULD BE NICE IF WE COULD HAVE SOME ASSURANCE THAT ANY OF THE COMMUNICATION DEVICES OR INVERTERS ARE CONFIRMED WITH, THROUGH THE DEPARTMENT OF ENERGY, DEPARTMENT OF STATE, TO NOT BE ORIGINATING FROM OUR INTERNATIONAL LET'S SAY, PEERS OR CHALLENGERS. OKAY.

SO I'M JUST GOING TO SAY THAT DOESN'T FIT A NORMAL ZONING DISCUSSION, BUT I THINK IF ANYTHING DOES OR CAN'T BE CERTIFIED, I WOULD TRY TO BRACKET IT AS A NO.

AND I'LL MAY GET TO SOMETHING A LITTLE MORE SPECIFIC.

CATCHING UP ON THAT ITEM RIGHT THERE.

RESIDENTIAL ENERGY STORAGE WAS ANOTHER QUESTION.

IN OUR DISTINCTION, WHAT WE'RE TRYING TO DO IS, IS NOT OVERLY RESTRICT OR SEGREGATE A SINGLE FAMILY HOMEOWNER FROM PUTTING SOLAR PANELS ON THE ROOF. THE ENERGY CAPACITY THAT WOULD SERVE THAT PARTICULAR HOME OR PIECE OF PROPERTY WOULD BE ON A MUCH, MUCH LOWER SCALE.

AND I'M SAYING THAT IN TERMS OF KILOWATTS, NOT MEGAWATTS.

SO THAT WOULDN'T THAT WOULDN'T COME CLOSE TO APPROACHING THE THRESHOLD THAT WE'RE APPLYING HERE FOR THIS PARTICULAR LAND USE CATEGORY.

EV CHARGERS KIND OF FALL UNDER THAT. AND OUR FIRE CODES ARE UPDATED FIRE CODES AND BUILDING CODES, THOSE ALL ACCOUNT FOR THIS TYPE OF RESIDENTIAL LEVEL.

USE THAT AGAIN, RESIDENTIAL LEVEL, SMALLER SCALE ENERGY STORAGE, SOMETHING THAT'S MEANT TO SERVE A SINGLE PARCEL OR SINGLE PROPERTY AS ALTERNATIVE ENERGY OR ENERGY BACKUP.

THERE IS INTEGRATION WITH THE ENERGY GRID IN THE SYSTEM, BUT IT'S IT DOESN'T SERVE THE SAME PURPOSE.

WHAT WE'RE TRYING TO DO IS APPLY A DEFINITION THAT SERVES UP A LAND USE, WHOSE PURPOSE IS TO SUPPORT THE ENERGY GRID, TO SUPPORT UTILITY SCALE, ENERGY BACKUP OR ENERGY ALTERNATIVE IN THOSE ENERGY FAILURE EVENTS THAT HAVE HAPPENED A FEW TIMES OVER THE LAST FEW YEARS AT THE STATE LEVEL, IN ALL AREAS OF OUR COMMUNITY AND OTHERS.

I DO WANT TO REITERATE THAT THERE'S BEEN SOME SPECIFIC EXAMPLES WITH A PIECE OF PROPERTY THAT GOT TO A COMMUNITY THAT HAVE BEEN PRESENTED NOW THERE'S BEEN NO APPLICATION FILED IN THIS DISCUSSION ABOUT AMENDING THE ORDINANCE, THERE ARE CERTAIN PREFERENCES OBVIOUSLY THAT HAVE BEEN SHARED IN THE COMMENTS, BUT WE'RE TRYING TO LOOK AT ALL THE POTENTIAL IMPACTS OF USAGE AND APPLY VERY BROAD AND BROAD STANDARDS, BUT WITH SPECIFIC PURPOSE FOR DEFINING THIS LAND USE CATEGORY.

WE'RE NOT CONFINING IT TO ONE PARTICULAR ITEM THAT'S PRESENTED.

WE DON'T HAVE THE APPLICATION BEFORE YOU.

IF COUNCIL WERE TO PASS THIS AMENDMENT AS PRESENTED, IF THE PROPERTY OWNERS AT GADSHILL AND THE.

THE COMPANY WHO'S WISHING TO LEASE ON ON THEIR PROPERTY WISHES TO CONTINUE TO PURSUE THIS. THEY HAVE A PATH TO PURSUE IT THAT WOULD BE SEEKING A ZONING DISTRICT CHANGE THAT WOULD BE SEEKING SPECIFIC USE, PERMITTING.

CAPABILITY. THOSE WOULD BE ACTIONS THAT WOULD, AGAIN, COME BEFORE THE PLANNING AND ZONING COMMISSION AND COUNCIL SPECIFICALLY. SO IF THIS WERE PASSED, THERE IS A PATH FOR THOSE PROPERTY OWNERS TO SEEK WHAT THEIR WHAT THEY'RE DESIRING AND THEY'RE PRESENTING TO YOU. IF THIS DOESN'T PASS, WE FALL POTENTIALLY INTO A GRAY AREA WHERE WE REALLY NEED TO DEFINE OR PROVIDE A CATEGORY FOR SOME OF THE USES THAT ARE PRESENTED. THAT'S PART OF THE REASON WE'RE BRINGING THE TIMING OF THIS NOW. AND WE'RE, WE'RE SORT OF WORKING IN COMMUNICATION WITH THE FOLKS THAT HAVE EXPRESSED INTEREST, BECAUSE WE NEED TO DEFINE THIS FOR OURSELVES.

AND IF DOES THAT ADDRESS YOUR QUESTION? I THINK IT DOES. BUT LET ME ASK ANOTHER SPECIFIC QUESTION IS, IS I'M TRYING TO UNDERSTAND THE REQUEST THAT THEY HAVE PUT BEFORE US.

HAVE THEY BEEN REQUESTING TO AMEND THIS ORDINANCE TO INCLUDE ANOTHER CATEGORY?

[00:50:01]

I'M TRYING TO ENCAPSULATE IN GENERAL TERMS, AND CERTAINLY THEY CAN CLARIFY, BUT ONE OF THE RESTRICTIVE ELEMENTS IN THEIR PERSPECTIVE THAT THEY PRESENTED IS THAT THE HEAVY INDUSTRIAL DISTRICT DOES LIMIT THEIR ABILITY TO POTENTIALLY SEEK DEVELOPMENT UNDER THE CURRENT ZONING DISTRICTS, CITYWIDE ONES THAT ALREADY EXIST.

RIGHT? THEY WOULD HAVE TO GO THROUGH A ZONING CHANGE IF THIS INDUSTRIAL TWO CATEGORY WERE APPLIED. WITH THIS DEFINITION, THEY'D HAVE TO GO THROUGH THE ZONE CHANGE PROCESS IF IT WERE APPLIED TO ALL DISTRICTS, AND THEY WOULD STILL HAVE TO GO THROUGH A PROCESS SIMILAR TO THE ZONE CHANGE, BUT THEY WOULD ONLY BE SEEKING SPECIFIC USE PERMITTING. THAT MAKES SENSE.

MAKES GOOD SENSE TO ME. COMPATIBILITY WITH THE COMP PLAN IS ANOTHER ELEMENT THAT HAS TO BE ADDRESSED. SO IF THE ZONE CHANGE WERE REQUEST COUNCIL WOULD BE EVALUATING WHETHER OR NOT IT'S COMPATIBLE WITH OUR CURRENT COMPREHENSIVE TWO STEP.

OKAY, MIKE, SO ALL WE'RE DOING TONIGHT IS CONSIDERING APPROVAL OF THE ORDINANCE.

THIS IS. YES, THIS IS APPROVAL OF THE ORDINANCE. THIS WOULD APPLY A LAND USE DEFINITION AND A CATEGORY FOR THIS PARTICULAR USE.

ARE YOU SATISFIED WITH THIS AS IT'S WRITTEN? I AM, AND WHEN PLANNING AND ZONING COMMISSION, I'LL MENTION THEIR. THEY REALLY FOCUS ON SOME OF THE ENVIRONMENTAL HAZARDS, POTENTIAL ENVIRONMENTAL HAZARDS AND.

AND KNOWN ENVIRONMENTAL HAZARDS THAT OUR FIRE DEPARTMENT CAN SPEAK MORE TO IF YOU HAVE QUESTIONS. WE FEEL LIKE THAT THE STATE IS IS WORKING TO CONTINUALLY ADDRESS THOSE.

THEY'VE GOT A REQUIREMENT AT THE STATE LEVEL.

AND THIS WAS PASSED IN JUST THIS SUMMER'S LEGISLATION, EFFECTIVE IN SEPTEMBER.

REQUIREMENT FOR DECOMMISSIONING PLAN, ASSUMING THAT A PARTICULAR USE, ONCE IT'S IN A CITY IS ABANDONED, AND NOW YOU'VE LEFT A BIG MESS.

THAT HAS TO BE STRATEGICALLY MITIGATED BECAUSE OF SOME OF THE HAZARDS INVOLVED.

THE STATE HAS REQUIRED A PLAN FOR THAT, AND THOSE ANY COMPANY THAT PUTS TOGETHER OR PROPOSES A DEVELOPMENT HAS TO GO THROUGH A STATE PROCESS. THERE ARE NOT SPECIFIC STATE PROCESSES TO ADDRESS ANY POTENTIAL.

AND AGAIN, THERE'S OTHER RESEARCH.

UNTIL THESE THINGS DEVELOP AND ARE APPLIED AROUND THE STATE, WE'RE KIND OF NOT FULLY AWARE OF WHAT THAT MIGHT BE.

I THINK OUR PURSUIT WOULD BE TO MAKE SURE WE'RE FOLLOWING AND COMMUNICATING WITH OUR STATE COUNTERPARTS. IF THERE ARE ENVIRONMENTAL ISSUES, TC WOULD ADDRESS THOSE.

IF THERE'S OTHER LICENSING ISSUES, THE DEPARTMENT OF LICENSING REGULATION MAY BE STEPPING IN TO ADDRESS THOSE.

THERE MAY BE MORE THINGS HAPPENING AT THE STATE LEVEL BECAUSE THERE IS A STATE INTEREST IN THIS. SO WE FEEL LIKE AT THE LOCAL LEVEL, WE'RE PROVIDING A PLACE FOR ENERGY STORAGE SYSTEMS WITHIN OUR COMMUNITY UNDER THESE CERTAIN CATEGORIES.

AND THEN WE'RE FOLLOWING WE'RE TRYING TO MIMIC OR AT LEAST COMPLEMENT WHAT STATE REGULATION IS CURRENTLY.

AND AS IT EVOLVES, WE'LL CONTINUE TO EVALUATE THIS AND MAKE SURE THAT IT'S COMPLIMENTARY.

SO I HAVE ONE OTHER LITTLE QUESTION.

HOW WOULD WE APPLY, I GUESS UNDER THE SPECIFIC USE PERMIT WHAT OUR CITY MANAGER WAS DISCUSSING ABOUT THE ORIGIN OF INVERTERS AND OTHER EQUIPMENT AND THE DANGERS, HOW I GUESS THAT'S NOT BY ORDINANCE.

I GUESS IT'S BY APPLICATION.

I WOULD ASSUME THAT IT'D BE PART OF THE PROCESS.

OKAY. THAT'D MAKE SENSE.

BENEFIT OF SUP IS, YOU KNOW, ADDITIONAL CONDITIONS CAN BE ADDRESSED.

HE'S HE'S KIND OF LOOKING A LITTLE.

AND I KNOW YOU'RE ALL THINKING THIS IS OUTSIDE THE BOX, BUT THE CONCERN AND AND THE FEDS HAVE FLAGGED SOME OF THEM AND THEY'VE GOT CONCERNS WITH WITH DIFFERENT TECHNOLOGIES. IT'S NOT JUST I MEAN, IT'S SOLAR, IT'S WIND. IT'S HEAVY CRANES AND PORTS.

IT'S A IT IS SOME OF THE.

THERE HAVE BEEN. I'M NOT SAYING AT ALL ANYBODY IN THIS ROOM, BUT THERE HAS BEEN. ACROSS THE COUNTRY UNIDENTIFIED COMMUNICATIONS DEVICES OR FUNCTIONS WITHIN. PARTICULARLY WITHIN THE INVERTERS.

SO THE MAIN WORRY WOULD BE, AND I'LL JUST SAY IT BECAUSE WE'RE ON FILM IS AS A, YOU KNOW, IF WE WERE GOING TO A HOT WAR OVER TAIWAN, WOULD YOU HAVE SOME OF YOUR UTILITIES TURNED OFF? RIGHT? Y'ALL PROBABLY SAW THE VERIZON AND AT&T THINGS THAT CAME VERY CLOSE TO SOME OTHER THINGS OCCURRING INTERNATIONALLY IN TIME IN THE LAST WEEK.

AND I THINK THE MAIN WORRY IS AS THE.

AND IF YOU CAN, YOU CAN ALSO LOOK AT THE MAP. SO YOU TAKE A STATE LIKE VIRGINIA, WHICH HAS A LOT OF SENSITIVE FACILITIES.

THEY HAVE THE, I BELIEVE THE NUMBER ONE LOCATION IN TERMS OF BATTERY PLANTS AND VARIOUS, YOU KNOW, BATTERY PLANTS, STORAGE.

I THINK CALIFORNIA'S SECOND, BUT TEXAS WILL, WILL IS PACING TO OUTPACE EVERYONE ELSE.

AND THE MAIN CONCERN IS, OKAY, ONCE YOU HAVE THAT ON THE GRID, YOU'RE ATTACHED TO IT, YOU'RE KIND OF LIVING OFF OF IT. AND THEN IF, GOD FORBID, AN ADVERSARY DECIDED TO PUSH A BUTTON BECAUSE IT MIGHT MAKE IT UNCOMFORTABLE TO SAY, PURSUE ASSISTING AN ALLY ON THE OTHER SIDE OF THE WORLD.

[00:55:03]

SO I APPRECIATE THAT VERY MUCH.

AND I ALSO APPRECIATE YOU LEARNING MORE AS YOU GO OFF TO ALL THESE CONFERENCES TO LEARN ABOUT OUR SAFETY, BUT SO IS LATER ON, YOU'LL ADDRESS HOW TO MAKE THAT PART OF THE DECISION MAKING PROCESS.

DOES IT BECOME A CATEGORY IN THE S, U, P OR.

THAT'S MY QUESTION. I THINK THE SPECIFIC USE PERMIT PROCESS WOULD GIVE THE CITY THE ABILITY TO EVALUATE VERY SPECIFIC THINGS.

WE'VE TRIED TO ADDRESS SOME OF WHAT WE BELIEVE ARE THE ANTICIPATED OR EVEN THE EXPECTED NUISANCES FROM THIS TYPE OF DEVELOPMENT, THROUGH WHAT WE'VE EXPRESSED, THAT ONE THROUGH SIX UNDER SUPPLEMENTAL REGULATIONS, SETBACKS, SCREENING, DECOMMISSIONING PLAN, THAT THAT CHECKS A LOT OF BOXES FROM SOME OF THE CONCERNS THAT HAVE BEEN EXPRESSED BY BOTH COUNCIL AND PLANNING AND ZONING COMMISSION. ARE WE IN A POSITION TO SPECIFICALLY ADDRESS UNKNOWN, MAYBE PERCEIVED OTHER ENVIRONMENTAL HAZARDS? MAYBE NOT. OR THROUGH SOME TYPE OF BUILDING MATERIAL REQUIREMENT OR RESTRICTION ADDRESS, MAYBE WHAT RICK IS REFERRING TO AS FAR AS SOURCE MATERIALS AND WHERE THEY COME FROM.

WE DO FOLLOW FEDERAL REGULATION WHEN WE SEEK FEDERAL FUNDING.

IT'S CALLED THE SHORT TERM OF IT IS BUILD AMERICA, BUY AMERICA ABABA. WE DO HAVE TO FOLLOW SOME OF THOSE REQUIREMENTS IN SEEKING FEDERAL FUNDS, BECAUSE WE'RE SEEKING FEDERAL MONEY FOR THAT, AND WE FOLLOW THOSE RESTRICTIONS THAT WOULDN'T NECESSARILY APPLY TO TO PRIVATE DEVELOPMENT. BUT SO MY ANSWER TO YOUR QUESTION IS MAYBE AS FAR AS BUILDING MATERIALS SPECIFICALLY TO ADDRESS THAT.

YEAH. WE HAVE SOME FLEXIBILITY.

WE CAN'T DO THAT WITHOUT A SPECIFIC USE PERMIT PROCESS.

SO IF COUNCIL WAS INCLINED TO SUPPORT HEAVY INDUSTRIAL BUT NOT SPECIFIC USE, I THINK THAT FLEXIBILITY IS REMOVED.

SO ANY FLEXIBILITY AND DISCRETION THAT WE WOULD USE DEPENDING ON THE SITE IF IT WERE EVALUATED, THAT'S U P IS PROBABLY IMPORTANT TO KEEP.

WELL, I'M READY TO MAKE A MOTION IF THERE'S I'M READY TO HEAR IT.

I HAVE A COUPLE. YES. YES, SIR.

TALK TO ME A LITTLE BIT ABOUT THE DISCUSSION ON SETBACKS.

I KNOW THAT WAS A BIG TOPIC AT PNC.

JUST BRIEF ME ON THAT.

THIS KIND OF GOES BACK A LITTLE BIT TO OUR DISCUSSION ABOUT NOISE ORDINANCE.

WITH YOU COULD, YOU COULD USE MANY DIFFERENT ELEMENTS TO ADDRESS POTENTIAL NOISE ISSUES.

ANYTHING THAT MIGHT DISRUPT SOMEONE'S RESIDENTIAL LIFE IN A PROPERTY THAT'S SURROUNDING OR WITHIN PROXIMITY, THE SETBACKS WOULD PROVIDE FOR ESSENTIALLY AS A BARRIER FOR THAT NOISE ELEMENT. NOISE DISSIPATES OVER DISTANCE.

SO IF YOU CAN'T NECESSARILY PUT A WALL UP, YOU ALSO HAVE DISTANCE TO PROVIDE THAT NOISE BUFFER. SO THIS WAS AN ELEMENT THAT I THINK HAS COME BEFORE MANY OF THE CITIES THAT HAVE CURRENT REGULATIONS, THEY DO APPLY SETBACK REQUIREMENTS IN EACH ONE OF THE EXAMPLES I PRESENTED THAT HAVE CLEAR AND APPROVED BEST REGULATIONS, EACH ONE OF THEM HAD SETBACK REQUIREMENTS.

NOW SOME HAD MORE THAN OTHERS, SOME HAD UP TO 200FT, SOME HAD EVEN 300FT. BUT WHEN YOU GET INTO HIGHER MINIMUM THRESHOLDS THAT DOES IMPACT MAYBE LOT SIZE. WOULD IT BE SENSIBLE TO REQUIRE A MINIMUM OF ONE ACRE, BUT A 500 FOOT SETBACK FOR ALMOST.

DEFEATING THE PURPOSE OF EVEN ALLOWING IT.

BECAUSE THAT WOULD BE VERY DIFFICULT. A STANDARD TO MEET. SO THERE MAY BE FURTHER EVALUATIONS, BUT APPLYING THAT MINIMUM.

GIVES COUNCIL PLANNING AND ZONING COMMISSION FLEXIBILITY TO USE DISCRETION WHEN CONSIDERING AN SUV, PARTICULARLY.

WHERE DOES ONE KNOW FOR SURE? VERY SIMPLE QUESTION. WHERE DOES THE ENERGY STORED GO? DOES IT GO ON TO THE GRID? DOES IT TAKE FROM THE GRID? I WILL INCREASE OUR ELECTRICITY BILLS OR I WILL MAKE THEM GO DOWN.

I WILL USE THAT QUESTION AS AN OPPORTUNITY TO INVITE MATT WINCHESTER, REPRESENTATIVE FROM ENCORE.

THEY ARE THE ENERGY TRANSMISSION AND DISTRIBUTION SERVICE PROVIDER WITHIN OUR AREA, PRETTY MUCH EXCLUSIVELY WITHIN OUR AREA.

AND HE CAN SPEAK TO HOW IT FITS INTO THE LARGER PICTURE.

ALL RIGHT. SO IT STRICTLY GOES ON TO THE GRID.

IT HELPS SUPPORT DISTRIBUTION SYSTEMS THROUGHOUT WHEREVER IT IS IT'S NEEDED.

SO ITS LOCALE WOULD GENERALLY BE USED FOR THIS AREA, RIGHT? WE'RE NOT GOING TO WANT TO TRANSMIT IT ACROSS WHEREVER, BUT BUT ITS GENERAL USE WOULD BE HERE.

SO IT'D BE TO SUPPORT A AND IT WOULD BE ERCOT DECISION, RIGHT? IT'S NOT A AN ENCORE DECISION.

ENCORE IS KIND OF OUT OF THE GAME.

WE'RE. ALL WE WOULD DO IS TIE INTO IT AND THEN TRANSMIT.

IT WILL BE THE THE UPS.

WE'RE GOING TO DELIVER THE THE POWER.

BUT WE'RE NOT WE DON'T OWN THE POWER.

WE DON'T BUY THE POWER.

WE JUST TRANSMIT IT. DOES THAT MAKE SENSE? WE'RE WE'RE GOING TO HAVE TO BUY THE POWER.

NO, NO, NO, IT'S WHOEVER IS CONSUMING POWER AT THAT TIME.

[01:00:03]

RIGHT. SO IF, IF YOU ARE A CONSUMER AT THAT TIME WHEN THEY DUMP POWER ON AND IT'S NEEDED, IT GOES TO WHEREVER IT'S NEEDED.

DOES THAT MAKE SENSE? YEAH, YOU MIGHT BUY IT.

THAT'S WHAT I'M LOOKING FOR. YEAH. YOU MIGHT THEY'RE JUST NOT TRANSMITTED.

YEAH. SO YOU CAN. MY EXPERIENCE IS WHENEVER YOU MIGHT BUY IT MEANS YOU'RE GOING TO BUY IT. THAT'S MY LIFE. I CAN'T ARGUE THAT.

YEAH. OKAY. CAN'T ARGUE THAT.

BUT I WAS LOOKING FOR. WHICH BRAD DID.

MY MY MY POINT WAS, ONCE YOU BECOME DEPENDENT ON THOSE RIGHT ADJACENT POWER SOURCES AND ERCOT AND ENCORE, GOD BLESS THEM, ARE DISTRIBUTING THEM TO DFW AND IT LOOKS LIKE WE'RE COVERED. AND THEN IF AGAIN, WORST CASE SCENARIO, YOU END UP WITH SOME UNINTENDED EQUIPMENT IN THERE AND YOU DECIDE, LET'S SAY, LET'S SAY IT IS A, A PROXY THAT DECIDES, OKAY, I CAN HACK THESE EASIER.

AND THAT'D BE A NATIONWIDE DEAL.

THEN ALL OF A SUDDEN MIGHT BE THOSE THAT GO DOWN.

IT MIGHT NOT BE ANY INTENT ON THOSE THAT ACTUALLY BUILD IT.

THEY MAY NOT KNOW. BUT AGAIN, IF YOU HAVE SOMETHING THAT'S NOT IN THE SPECIFICATION, WE NOW HAVE THAT.

THERE'S BEEN A MAD RUSH TO BUILD THESE EVERYWHERE.

THAT'S WHY FOLKS THAT ARE APPROVING THEM DON'T NECESSARILY KNOW, AND THOSE THAT ARE BUILDING THEM, THE ORIGIN OF EVERY SINGLE PIECE OR WHAT THEY MIGHT OR MIGHT NOT. AND SO THAT THAT IS THE REASON.

SO IF YOU BECAME DEPENDENT ON IT, WOULD THERE BE AN UNINTENDED NACOGDOCHES? CORRECT ME WITH Y'ALL LOOKING AT ME SAYING, WHY DIDN'T YOU WHY DIDN'T YOU SAY SOMETHING? SO I'M SAYING SOMETHING. OKAY, OKAY, OKAY.

I WAS ALSO ASKED HOW DO WHERE DO WE DECIDE AND HOW DO WE DECIDE TO BUILD SUBSTATIONS? AND THAT IS PURELY A, IT'S A TWO STEP PROCESS.

ONE IS, CAN WE GET SOME PROPERTY IN THE LOCATION WHERE LOAD GROWTH IS.

SO THAT'S AS A GENERAL RULE, WE DON'T GO OUT TO 20 YEARS PLANNING FOR WHERE A SUBSTATION WILL GO, BUT WE DO LOOK TEN YEARS AND WHERE THE LOAD GROWTH IS IN AN AREA AND THEN CAN WE BUY PROPERTY AND DO WE HAVE TRANSMISSION POWER LINES THAT ARE CLOSE TO THAT THAT WILL HELP SUPPORT THAT? THAT'S KIND OF WHERE WE FALL AS FAR AS JUST PUTTING IN OUR SUBSTATIONS.

THOSE SUBSTATIONS ARE BUILT TO DISTRIBUTE POWER.

WE'RE TAKING IT FROM THE GRID, THE TRANSMISSION LINES THAT ARE BUILT THROUGHOUT THE SYSTEM, AND WE'RE TRANSFERRING THAT FROM A HIGH VOLTAGE TO A, A KIND OF A MEDIUM VOLTAGE THAT DISTRIBUTES THAT TO YOUR HOUSE AND, AND STEPS THAT DOWN ONE MORE TIME TO A VOLTAGE YOU CAN USE AT YOUR HOUSE.

SO CAN WE REASONABLY EXPECT IF THERE ARE SIX SUBSTATIONS AROUND NACOGDOCHES, THERE WILL BE SIX BATTERY STORAGE UNITS EVENTUALLY.

BATTERY STORAGE UNITS GENERALLY WANT TO GO NEAR A SUBSTATION FOR THE INFRASTRUCTURE THAT HAS TO BE BUILT TO GET IT FROM THERE TO THE SUBSTATION.

SO THE CLOSER THEY ARE, THE CHEAPER IT IS ON THEM.

OKAY, SO THE ANSWER IS YES, PRETTY MUCH.

ONE OTHER QUESTION, MATT.

SO THIS IS THE STORAGE AND THIS IS WHERE THEY WOULD ATTACH TO.

DO YOU Y'ALL TYPICALLY SEE MORE CLUSTERS OF SAY THEN FOLLOWING THAT THE DATA CENTERS.

OKAY. SO, YOU KNOW, IF THIS COMES, DOES THAT MEAN THAT THAT WILL TRY TO FOLLOW THE POWER, WHICH THEN YOU'RE BOTH.

BUT JUST IN TERMS OF CHICKEN AND EGG, LET'S THINK THROUGH THIS. AS A GENERAL RULE, I'M GOING TO SAY YES. OKAY.

I WAS NOT LOOKING FOR AFFIRMATION BECAUSE GOD KNOWS I DON'T GET IT.

BUT SO I WOULD EXPECT, OKAY, THIS IS, THIS IS A PRECURSOR TO OTHER THINGS POTENTIALLY TRYING TO COME, WHICH IS A WHOLE OTHER DISCUSSION.

I APPRECIATE YOUR HONESTY.

IT'S REALLY REFRESHING. ANY OTHER QUESTIONS? SORRY.

OKAY. GO AHEAD. I GOT A FEW.

MIKE, THIS IS FOR YOU.

THANK YOU. OR MAYBE. MAYBE THE CITY ATTORNEY.

SO. YEAH. GET VERY INVOLVED PROCESS WISE.

SO ASSUMING WE ADOPT THIS ORDINANCE, THIS CAN'T HAPPEN, RIGHT? THIS I MEAN, WE'RE TALKING WITHIN 1000FT OF RESIDENTIAL ZONING DISTRICT.

PERIOD. IT'S NOT WE CAN'T EVEN DO AN SCP.

NOT WELL. SO AGAIN, NO, NOT AS WE'RE APPLYING IT.

THEY COULD GO THROUGH THE PROCESS AND WE COULD EVALUATE IT AS THAT.

THERE COULD BE A VARIANCE REQUESTED FOR THAT PURPOSE.

BUT ALL THE CRITERIA AND I DON'T WANT TO PRESUME AGAIN, AHEAD OF AN APPLICATION BEING SUBMITTED AND WHAT THOSE CONDITIONS MIGHT LOOK LIKE. MANY THINGS POINT TO IT BEING SURROUNDED BY RESIDENTIAL. THERE WOULD, IT WOULD NOT IT'D BE VERY DIFFICULT TO SAY THAT IT, IT SUPPORTS THE COMPREHENSIVE PLAN.

SO THERE'D BE A CHALLENGE IN, IN DETERMINING HOW THAT WOULD FIT WITHIN

[01:05:02]

COUNCIL'S VIEWS AND PRIORITIES OF, OF APPLYING THE COMPREHENSIVE PLAN ELEMENTS.

SO I YOU DON'T WANT TO SAY NO COMPLETELY TO A LOT OF THINGS, BUT THERE IS A PROCESS AND A METHOD TO SEEKING A CHANGE THAT WOULD ACCOMMODATE THIS DEVELOPMENT. AND I WOULD JUST REITERATE KIND OF WHAT MIKE'S SAYING, THERE WOULD THEN BE A PROCESS IN PLACE BY WHICH COULD BE FOLLOWED WHETHER.

AND AGAIN, WE'RE LOOKING AT THIS NOT JUST AS ONE PROPERTY, RIGHT? THIS IS AN ORDINANCE THAT WOULD APPLY TO THE ENTIRE CITY.

AND THAT'S THAT THAT SHOULD BE THE MAIN CONCERN HERE IS NOT A SPECIFIC APPLICATION, EVEN THOUGH WE DON'T HAVE AN APPLICATION AT THIS POINT RIGHT NOW. SO, AND AS WE'RE DISCUSSING, ANY CHANGES THAT WOULD COME IN THE FUTURE HAS TO GO THROUGH THE ENTIRE PUBLIC HEARING PROCESS.

CORRECT? WELL, IT'LL COME BEFORE THAT TO MIKE'S OFFICE, AND THERE'LL BE A PROCESS THERE BEFORE IT EVEN GETS TO THE PUBLIC HEARING PROCESS.

I MEAN, FOR AN ORDINANCE CHANGE AN ORDINANCE, CORRECT? YES, WE WOULD WE WOULD.

LET'S SAY THERE WAS ANOTHER AMENDMENT THAT WE WANTED TO ADD A COUPLE OF OTHER ELEMENTS AS AS MINIMUMS. UNDER THIS SUPPLEMENTARY REGULATION.

WE TALKED ABOUT MAYBE SOME OTHER ENVIRONMENTAL HAZARDS THAT WE WANTED TO ADDRESS. WE GO THROUGH JUST LIKE WE HAD BEFORE WITH OTHER ZONING ORDINANCE CHANGES, ANOTHER PUBLIC HEARING GO THROUGH THOSE COMMENTS WITH THE PLANNING AND ZONING COMMISSION AND COUNCIL. BUT WITHOUT THAT, IF THERE WERE A ZONE CHANGE REQUEST OR AN SCP REQUEST. PLANNING AND ZONING COUNCIL AND AN ADDITIONAL NEIGHBORHOOD MEETING TO RECEIVE FEEDBACK FROM SURROUNDING PROPERTY OWNERS. SO THAT'S STANDARD THAT WOULD BE FOLLOWED REGARDLESS. AND THE FEEDBACK THAT THAT WOULD BE EXPECTED AND PUBLIC COMMENT PERIODS THAT WOULD BE ENTITLED. THOSE ARE ALL PART OF IT, REGARDLESS OF WHAT DIRECTION WE GO WITH THIS LAST QUESTION, AS LONG AS I GET THE ANSWER I WANT HERE FROM THE FIRE DEPARTMENT PERSPECTIVE, ARE WE GOOD WITH THIS ORDINANCE AS IT'S WRITTEN? THAT'S ALL I NEED. ANY OTHER QUESTIONS? KATHLEEN, WOULD YOU LIKE TO MAKE A MOTION? SURE. I'D LIKE TO MOVE THAT.

WE APPROVE THE ORDINANCE OF THE CITY OF NACOGDOCHES RELATED TO ENERGY STORAGE SYSTEMS, AS OUTLINED IN ITEM SIX A, AND I'LL SECOND.

ALL IN FAVOR. AYE. ALL OPPOSED? MOTION CARRIES UNANIMOUSLY.

THANK YOU VERY MUCH. OKAY.

NEXT ITEM IS ALSO A PUBLIC HEARING TO DISCUSS AND CONSIDER ACTION ON ZONING CASE Z O N 2025

[6.B. Public Hearing: Discuss and consider action on Zoning Case ZON2025-14 regarding a zone change from B-2, General Business to R-2, Single Family, on one (1) parcel of land approximately 1.79 acres ± in size, more particularly described by Nacogdoches Central Appraisal District Parcel 33096; and generally located on the southeast corner of Old Tyler Road and Jeffries Street, Nacogdoches, Texas.]

DASH 14 REGARDING ZONING CHANGE FROM B2 GENERAL BUSINESS TO R TWO SINGLE FAMILY ON ONE PARCEL OF LAND APPROXIMATELY 1.79 ACRES, PLUS OR MINUS IN SIZE, PARTICULARLY MORE PARTICULARLY DESCRIBED BY NACOGDOCHES CENTRAL APPRAISAL DISTRICT PARCEL 33096 AND GENERALLY LOCATED IN THE SOUTHEAST CORNER OF OLD TOWN ROAD AND JEFFREY STREET, NACOGDOCHES, TEXAS. MR..

GOOD EVENING. MAYOR, COUNCIL.

CITY PLANNER. GOOD NEWS.

THIS ITEM SHOULDN'T TAKE AS LONG TO DECIDE.

OH. THANK YOU. THE WAY I JUST JINXED MYSELF.

SO THIS PROPERTY FRONTS OLD TYLER ROAD.

AND JEFFREY STREET IS APPROXIMATELY 1.79 ACRES AND IS UNDEVELOPED.

THE SURROUNDING PROPERTIES TO THE SOUTH AND PRIMARILY ARE PRIMARILY UNDEVELOPED, WITH SINGLE FAMILY RESIDENTIAL DEVELOPMENT TO THE WEST AND NORTHEAST.

THE APPLICANT PLANS TO CONSTRUCT A SINGLE FAMILY HOME ON THE PROPERTY.

THE SUBJECT PROPERTY IS SURROUNDED BY A MIX OF COMMERCIAL AND RESIDENTIAL ZONING DISTRICTS. THE ADJACENT ZONING ALONG OLD TYLER ROAD IS ZONED B TWO GENERAL BUSINESS WITH RESIDENTIALLY ZONED PROPERTIES TO THE EAST AND WEST.

THE FUTURE LAND USE PLAN DESIGNATES THE SUBJECT PROPERTY OF SINGLE FAMILY.

RESIDENTIAL STAFF BELIEVES THAT THE FUTURE LAND USE DESIGNATION OF THE PROPERTY IS CONSISTENT WITH THE PROPOSED ZONING AND ALIGNS THE EXISTING RESIDENTIAL DEVELOPMENT PATTERN IN THE AREA. THIS IS A PICTURE OF THE SUBJECT PROPERTY FROM OLD TYLER ROAD, AND THIS IS A PICTURE OF THE RESIDENTIAL PROPERTY DIRECTLY ACROSS THE STREET.

THIS SLIDE SHOWS THE LAND USES WITHIN A 200 FOOT NOTIFICATION AREA.

STAFF SENT OUT 13 PUBLIC MEETING NOTICES TO THOSE PROPERTY OWNERS AND FOUR NOTICE POSTCARDS TO PROPERTY OWNERS WITHIN 200 AND 500FT.

STAFF HAS NOT RECEIVED ANY NOTICES ON THIS REQUEST.

THERE WAS NO NEIGHBORHOOD MEETING ASSOCIATED WITH THIS ITEM, AS WE TYPICALLY ONLY HOLD NEIGHBORHOOD MEETINGS FOR REZONES TO A MORE INTENSE USE.

STAFF BELIEVES THAT THIS REQUEST MEETS THE CONDITIONS FOR APPROVAL, AS STATED IN THE

[01:10:02]

STAFF REPORT. THE PLANNING AND ZONING COMMISSION HEARD THIS ITEM ON JANUARY 12TH AND RECOMMENDED APPROVAL, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS AFTER THE PUBLIC HEARING.

OKAY, THIS IS A PUBLIC HEARING.

I'LL OPEN THE PUBLIC HEARING.

ANY COMMENT FROM THE AUDIENCE? THERE BEING NONE, I'LL CLOSE THE PUBLIC HEARING AND OPEN FOR DISCUSSION, IF ANY. OR MOTION. I JUST WANT TO ASK A QUESTION.

IS THERE SOME REASON IT'S GOING TO R2 INSTEAD OF R1? IT'S TO MATCH THE RESIDENTIAL.

I MEAN THE ADDITIONAL ZONING, WHICH IS R2.

SO IN OTHER WORDS, GOING DOWN.

ONE IS I MEAN IT'LL JUST MATCH THE ADJACENT ZONING WHICH IS R2.

WELL CAN YOU BUILD ON AN R2 JUST ONE SINGLE FAMILY RESIDENTIAL HOME? THE MINIMUM LOT SIZE BEING OF 60FT BY 100FT VERSUS 75 BY 110 ON R1.

SLIGHTLY LARGER LOT. I'LL GO AHEAD AND MAKE A MOTION IF YOU WANT ME TO.

ALRIGHT, SO I WOULD MAKE A MOTION THAT WE APPROVE ZONING CASE ZON2025-14 REGARDING A ZONE CHANGE FROM B TWO GENERAL BUSINESS TO R2 SINGLE FAMILY.

SECOND HAVE MOTION SECOND.

ALL IN FAVOR. AYE. MOTION CARRIES UNANIMOUSLY.

OKAY. WE'RE GOING TO GO AHEAD AND DO IT'S A PUBLIC HEARING.

[6.C. Public Hearing: Discuss and consider action on Specific Use Permit Case SUP2025-07 regarding a Specific Use Permit request for Liquor By the Drink in a B2, General Business district on one (1) parcel of land approximately 0.38 acres ± in size, more particularly described by Nacogdoches Central Appraisal District Parcel 23487; and located at 1426 Douglass Road, Nacogdoches, Texas.]

AND THEN WE'RE GOING TO GO TO E TO GET CONNIE AND MR. MISS HAYLEY OUT OF HERE. WE CAN HANDLE D IN-HOUSE WITH SO THIS IS A PUBLIC HEARING TO DISCUSS AND CONSIDER ACTION ON SPECIFIC USE PERMIT CASE NUMBER S U P 2020 507 REGARDING A SPECIFIC USE PERMIT REQUEST FOR LIQUOR BY THE DRINK AND A B2 GENERAL BUSINESS DISTRICT ON ONE PARCEL OF LAND APPROXIMATELY 0.38 ACRES, PLUS OR MINUS IN SIZE.

MORE PARTICULARLY DESCRIBED BY NACOGDOCHES CENTRAL APPRAISAL DISTRICT PARCEL 23487 AND LOCATED AT 1426 DOUGLAS ROAD, NACOGDOCHES, TEXAS.

MR.. PAULETTE MAYOR CITY COUNCIL.

JUAN PAULETTE, CITY PLANNER.

SO THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DOUGLAS ROAD, WHICH IS A COMMERCIAL CORRIDOR WITH A MIX OF COMMERCIAL AND RESIDENTIAL USES.

THE PROPERTY CONTAINS AN EXISTING SINGLE FAMILY RESIDENCE FRONTING DOUGLAS ROAD AND A NEWLY CONSTRUCTED RESTAURANT LOCATED TOWARDS THE REAR OF THE SITE.

THE RESTAURANT RECENTLY OPENED AT THIS LOCATION IN AUGUST OF LAST YEAR FROM WHEN RELOCATING TO THE ADJACENT PROPERTY TO THE EAST.

THIS REQUEST IS FOR SCP FOR LIQUOR BY THE DRINK FOR AN EXISTING RESTAURANT, WHICH IS REQUIRED DUE TO THE PROXIMITY OF RESIDENTIAL ZONING.

THE SUBJECT PROPERTY IS ZONED B TWO GENERAL BUSINESS, WHICH ALLOWS RESTAURANTS BY RIGHT.

THE PROPERTIES ALONG DOUGLAS ROAD ARE PRIMARILY ZONED B TWO, WITH RESIDENTIAL ZONING LOCATED IMMEDIATELY TO THE NORTH OF THE SUBJECT PROPERTY.

BECAUSE THE SUBJECT PROPERTY IS WITHIN 300FT OF A RESIDENTIAL RESIDENTIALLY ZONED PROPERTY, THE ORDINANCE STATES THAT A SPECIFIC USE PERMIT IS REQUIRED FOR LIQUOR BY THE DRINK SERVICE. THE FUTURE LAND USE PLAN DESIGNATES THE SUBJECT PROPERTY AS SINGLE FAMILY RESIDENTIAL, ALTHOUGH THE FUTURE LAND USE DESIGNATION DOES NOT ALIGN WITH THE CURRENT ZONING. THE PROPERTY IS ZONED B TWO GENERAL BUSINESS AND IS LOCATED ALONG AN ESTABLISHED COMMERCIAL CORRIDOR.

THIS IS A PICTURE OF THE SUBJECT PROPERTY WITH THE RESIDENTIAL HOUSE IN FRONT AND THE NEWLY CONSTRUCTED RESTAURANT TOWARDS THE REAR OF THE PROPERTY.

THIS SLIDE SHOWS THE LAND USES WITHIN A 200 FOOT NOTIFICATION AREA.

STAFF SENT OUT 13 NOTICES TO THOSE PROPERTY OWNERS WITHIN 200FT, AND 15 NOTICE POSTCARDS TO THOSE WITHIN 200 AND 500FT.

NO RESPONSES WERE RECEIVED FROM THIS REQUEST, AND A NEIGHBORHOOD MEETING WAS HELD AT CITY COUNCIL CHAMBERS AND NO RESIDENTS ATTENDED THE MEETING. STAFF BELIEVES THAT THIS REQUEST MEETS THE CONDITIONS, AS STATED IN THE STAFF REPORT AND THE PLANNING AND ZONING COMMISSION HEARD THIS ITEM ON JANUARY 12TH AND RECOMMENDED APPROVAL.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS AFTER THE PUBLIC HEARING. OKAY, THIS IS A PUBLIC HEARING. WE'LL OPEN THE PUBLIC HEARING.

ANY COMMENTS FROM THE AUDIENCE? THERE BEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND GO TO DISCUSSION OR A MOTION.

I MAKE A MOTION THAT WE APPROVE THE SPECIFIC USE PERMIT WITH THE CONDITIONS NOTED IN ITEM SIX C. 60. SECOND. MOTION SECOND.

ALL IN FAVOR? AYE. MOTION CARRIES UNANIMOUSLY.

FOR THE RECORD, WE ARE GOING TO SKIP DEE AND AND GO TO ITEM E.

[6.E. Consider approval of an Encroachment Agreement between the City of Nacogdoches and Clayton and Connie Haley related to property located at 217 N. Mound Street. (City Attorney)]

[01:15:04]

AND WE'LL COME BACK TODAY AFTER WE CONSIDER THE APPROVAL OF AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NACOGDOCHES AND CLAYTON AND CONNIE HALEY RELATED TO PROPERTY LOCATED AT 217 NORTH MOUND STREET.

EVENING, MR. MAYOR, MEMBERS OF THE COUNCIL. JERRY BAKER, CITY ATTORNEY, I HAVE BEFORE YOU A PROPOSED ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NACOGDOCHES AND PROPERTY OWNERS CONNIE AND CLAYTON HALEY RELATED TO THEIR PROPERTY LOCATED AT 217 NORTH MOUNTAIN STREET HERE IN NACOGDOCHES. THE, THE CITY BECAME AWARE OF AN ENCROACHMENT ALONG EDWARD STREET WHERE THE THE SUBJECT PROPERTY IS LOCATED.

AND IN DOING SO BEGAN AN INVESTIGATION AND A NEED AND A NEED TO DETERMINE THE EXTENT OF THAT ENCROACHMENT PROMPTED THE CITY TO ENGAGE THE SERVICES OF A SURVEYOR.

GEORGE MIDDLEBROOK WAS RETAINED TO PERFORM THIS SURVEY.

YOU HAVE A COPY OF IT ATTACHED TO THE AGREEMENT IN FRONT OF YOU IS EXHIBIT A.

YOU'LL SEE THE DESCRIPTION OF THAT SURVEY THAT THAT HE RETURNED TO THE CITY AS WELL AS WHAT I'M SHOWING A PICTURE IN FRONT OF YOU RIGHT NOW.

AND I'VE FOR THE BENEFIT OF THIS MEETING AND THE AUDIENCE, I'VE HIGHLIGHTED THE AREA THAT WE'RE TALKING ABOUT AS FAR AS THE ENCROACHMENT AREA I DON'T KNOW IF YOU CAN SEE IN THAT HIGHLIGHTED AREA, BUT THE ENCROACHMENT AREA, AS THE SURVEY CAME BACK, IT WAS DETERMINED THAT THAT ENCROACHMENT AREA INCLUDED PORTIONS OF THE PROPERTY THAT WERE ALREADY IN PLACE BEFORE THE CURRENT OWNERS, THE HAYLEY'S HAD HAD ACQUIRED THE PROPERTY AND THAT INCLUDED PORTIONS OF THE DRIVEWAY, SIDEWALK WALKWAYS, PARKING SPACES AND PARTS OF THEIR LANDSCAPING, INCLUDING SOME BRICK WALLS THAT EXTENDED OUT, AND YOU CAN SEE THOSE INDICATED THERE ON THE SURVEY.

AND SO IN THE NEED TO ADDRESS THAT, THAT ISSUE I APPROACHED THE HALEYS REGARDING THE POSSIBILITY OF ENGAGING THE CITY IN THIS ENCROACHMENT AGREEMENT AND DRAFTED ONE UP AND SENT THAT OVER FOR THEM TO REVIEW.

AND WE'VE NEGOTIATED THAT BACK AND FORTH, BUT YOU'LL SEE THAT THAT PROPOSED AGREEMENT IN FRONT OF YOU AS IT'S STATED IN THERE, IT, IT FIRST ACKNOWLEDGES THE, THE, THE, THE ENCROACHMENT EXISTS.

OKAY. THAT'S KEY NUMBER ONE.

OKAY. AND THAT SECONDLY, HOW DO WE ENGAGE THAT AND APPROACH THAT AND ADDRESS THAT ISSUE? AND SO IT SETS FORTH THOSE TERMS THAT BETWEEN THE CITY AND THE PROPERTY OWNERS TO INCLUDE, YOU KNOW, MAINTENANCE AND UPKEEP OF THE ENCROACHMENT, HOW, HOW MUCH, IF ANY, IT CAN BE EXTENDED BEYOND THE ITS CURRENT AREA. THE ANNUAL FEE THAT WILL BE PAID TO THE CITY AS PART OF THE CONSIDERATION FOR THE AGREEMENT ANY PROTECTIONS FOR THE CITY TO INCLUDE ANY INDEMNITY FOR ANY POTENTIAL MISUSE OR NEGLIGENCE THAT MAY RESULT FROM THE USE OF THIS ENCROACHMENT AREA. AND THOSE ARE ALL SPELLED OUT IN THE AGREEMENT BEFORE YOU.

IT ALSO SETS FORTH THE TERM, IT'S A ONE YEAR TERM THAT WILL CONTINUALLY BE UPDATED EVERY YEAR UNTIL EITHER ONE OF THE PARTIES DETERMINE IT'S NO LONGER NECESSARY.

AND I THINK THAT SETS FORTH THE, THE MAIN TERMS OF THE AGREEMENT.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE CONCERNING THIS PROPOSED AGREEMENT BEFORE YOU. ANY QUESTIONS? MISS HALEY AND MR. HALEY HAVE WAITED A CONSIDERABLE LONG TIME TO RECEIVE THIS.

DO YOU WANT A COPY OF THIS WHEN WE GET THROUGH TONIGHT? ANY QUESTIONS OR MOTION? I'D LIKE TO MAKE A MOTION.

OKAY. I MOVE THAT WE APPROVE THE ENCROACHMENT AGREEMENT BETWEEN THE CITY OF NACOGDOCHES AND CLAYTON AND CONNIE HALEY RELATED TO THE PROPERTY LOCATED AT 217 NORTH MOUNTAIN STREET. AND I'LL SECOND THE MOTION.

MOTION SECOND. ALL IN FAVOR? AYE. MOTION PASSES UNANIMOUSLY.

OKAY. NOW WE'LL GO BACK UP TO SIX D.

[6.D. Consider approval of an Ordinance of the City of Nacogdoches, Texas, Amending Chapter 2—"Administration" by Adding Article V—"Code of Ethics" to the Code of Ordinances of the City of Nacogdoches, Texas; providing a severability clause; providing a continuation clause; providing a repeal clause; and providing an effective date. (City Attorney)]

CONSIDER APPROVAL OF THE OF AN ORDINANCE OF THE CITY OF NACOGDOCHES, TEXAS AMENDING CHAPTER TWO ADMINISTRATION BY ADDING ARTICLE FIVE CODE OF ETHICS TO THE CODE OF ORDINANCES OF THE CITY OF NACOGDOCHES, TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A CONTINUATION CLAUSE, AND PROVIDING A REPEAL CLAUSE AND PROVIDING AN EFFECTIVE DATE.

MR. BAKER. MR. MAYOR, MEMBERS OF THE COUNCIL.

JERRY BAKER, CITY ATTORNEY, WE HAVE BEFORE YOU IS A PROPOSED AMENDMENT TO OUR CODE OF ORDINANCES, ADDING A NEW ARTICLE TO CHAPTER TWO TITLED CODE OF ETHICS SPECIFICALLY RELATED TO LOBBYING.

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YOU WILL RECALL AT OUR COUNCIL RETREAT THAT THIS PROPOSED ORDINANCE WAS BROUGHT BEFORE THE COUNCIL AND PRESENTED TO YOU.

AND WE YOU KNOW, ANSWERED QUESTIONS AT THAT POINT AFTER THE PRESENTATION AND TOOK SOME INPUT. AND BASED ON THAT INPUT AND THOSE QUESTIONS THIS ORDINANCE IS BEING BROUGHT FOR YOU TONIGHT FOR APPROVAL.

SO THE THE PURPOSE OF THE ORDINANCE IS TO REINFORCE THE, THE GUARDRAILS THAT, THAT ARE, HAVE BEEN ESTABLISHED IN THE STATE LAW, SPECIFICALLY UNDER THE TEXAS GOVERNMENT CODE AND THE TEXAS LOCAL GOVERNMENT CODE CONCERNING CONFLICTS OF INTEREST.

THE, THERE'S A FOCUS HERE ON LOBBYISTS WHO ARE ENGAGED IN LOBBYING ACTIVITY AS THOSE TERMS ARE DEFINED IN THE ORDINANCE THAT THAT OCCUR WITHIN THE CITY, WHETHER THAT MAY INVOLVE THIS, THIS BODY OR OUR BOARDS AND COMMISSIONS OR ANY MEMBERS OF THE STAFF.

SO DEFINITIONS YOU MAY RECALL SEEING THESE AT THE RETREAT, BUT JUST, I WANT TO GO BACK OVER, JUST AND ANSWER ANY QUESTIONS YOU MAY HAVE SINCE THEN, BUT JUST TO, TO POINT OUT THAT AS DEFINED IN THE PROPOSED ORDINANCE, A LOBBYIST IS DEFINED AS ANY PERSON WHO ENGAGES IN LOBBYING ACTIVITY FOR COMPENSATION. AGAIN, I WOULD POINT OUT THAT THAT UNDERLINED PART BECAUSE THAT'S THAT'S A KEY DISTINCTION, AS WE'LL GET TO IN JUST A SECOND.

LOBBYING IS DEFINED AS ANY ORAL OR WRITTEN COMMUNICATION TO A CITY OFFICIAL IN AN EFFORT TO INFLUENCE OR PERSUADE A CITY OFFICIAL ON ANY MUNICIPAL QUESTION.

SO ONE THING I WOULD ALSO POINT OUT IN THAT DEFINITION IS THAT THE EXCEPTIONS STATED UNDER THAT DEFINITION ARE MORE EXTENSIVE THAN THE DEFINITION ITSELF.

YOU'LL SEE THOSE LISTED ON PAGE TWO OF YOUR ORDINANCE THAT YOU MAY HAVE IN FRONT OF YOU.