Tyler Zoning Board of Adjustment holds public hearing on Barrio Energy appeal for West Erwin Street data center
The City of Tyler Zoning Board of Adjustment held a public hearing to consider an appeal from Barrio Energy regarding a cryptocurrency mining facility on West Erwin Street. The appeal stems from the Planning and Zoning Commission's denial of a special use permit and a dispute over the legal deadline for filing such an appeal. The board will vote on whether it has jurisdiction to hear the appeal at its next meeting.
The City of Tyler Zoning Board of Adjustment conducted a public hearing to evaluate its legal authority to hear an appeal filed by Barrio Resources LLC (Barrio Energy) concerning a proposed cryptocurrency mining facility on West Erwin Street. The board did not make a decision but allowed representatives from Barrio Energy and the City of Tyler, as well as public members, to present their arguments.
Barrio Energy, which partnered with Vulcan Core, acquired the property in August 2024 with plans to develop a 12-megawatt Bitcoin mining facility. However, in July, the Planning and Zoning Commission denied a special use permit for the project, deeming it inconsistent with the city's Future Land Use Map. Barrio Energy's attorney, Jason Mazingo, argued that the city provided conflicting information regarding the project's permitting requirements, initially indicating it was permitted under M-1 Light Industrial District zoning, then later requiring a special use permit, and subsequently, an employee again stating no permit was needed.
The core of the appeal hinges on a dispute over the filing deadline. City Planning Director Kyle Kingma stated that Barrio Energy filed the appeal 384 days after his administrative decision to classify the operation as requiring a special use permit, exceeding the state law's 20-day appeal deadline. Mazingo countered that the board retains jurisdiction regardless of the deadline and that conflicting city communications created confusion for the applicant. Several public speakers also expressed concerns about data center impacts and questioned the lengthy delay in filing the appeal.
The Zoning Board of Adjustment is scheduled to vote on September 3 to determine if it has the jurisdiction to hear Barrio Energy's appeal. If jurisdiction is affirmed, the board will proceed to hear the merits of the appeal on September 10.