The Irving City Council on Thursday voted 5-4 against a proposed comprehensive plan amendment and zoning change for 4401 North State Highway 161, a property owned by Calvary Church that is under contract for sale to Constellation Real Estate Partners. The proposal would have changed the site’s future-land-use designation from regional commercial to manufacturing/warehouse to enable an industrial or data-center development.

The vote came after more than an hour of presentations and public comment from the church’s leaders, the buyer’s representatives and residents. Scott Ellerman of Constellation Real Estate Partners said the buyer has the property under contract and plans to pursue a data-center project if power and other approvals can be secured; as a fallback he said the company would build a warehouse. “We have every intention, to develop a data center,” Ellerman said. He added that, given current timelines from utilities and the grid operator, the company also needs the option to develop conventional industrial space if data-center approvals are not obtained in time.

Pastor Ben Dailey and other Calvary Church leaders told the council the sale is tied to the congregation’s planned relocation and to financial pressures on the church. “Calvary has been a steadfast presence in this community since its founding, 66 years ago in 1959,” Pastor Dailey said, asking council support so the church can complete a concurrent purchase of a new site.

Developers and the church described technical advantages of the property, including proximity to buried transmission lines and direct highway access. Constellation’s team said Encore and ERCOT would need to confirm power availability and that a substation on-site was likely required for a data center. Michael Carter, the church’s broker, described the building as difficult to repurpose for modern office use and said the buyer’s plan was driven by market realities.

Council members who opposed the rezoning cited concerns about siting data centers and industrial uses near residential and office corridors along Highway 161, the pending city ordinance to regulate data centers, and uncertainty about where power infrastructure and substations would be placed. One councilmember said the 161 corridor is a “very prominent location” and warned against further industrial creep in an area with a mix of office, religious and residential uses.

Council discussion also touched on community impacts raised by speakers: the church’s memorial garden for deceased infants and ministries that would need relocation; potential noise or traffic during construction; and the timeline the church has tied to the sale. Joe Velasquez, a church board member, emphasized the congregation’s local ministries and the financial necessity of the sale.

The council’s motion to approve the comprehensive-plan and zoning changes failed 5-4. Planning & Zoning had earlier recommended denial. The transcript of the meeting records council debate over technical power issues and land-use fit; it does not show a subsequent motion that produced a different outcome.

What happened next: With approval denied by council, the sale proceeds would need to be restructured or the buyer would have to pursue other options consistent with the current zoning. Constellation and church representatives told the council they were working under a closing timeline tied to spring dates and utility reviews; the transcript records a requested closing date of about April 1 but does not state whether that date remains feasible after the council vote.

Speakers quoted in this account are identified from the meeting record and include the buyer’s representatives and church leaders. The meeting transcript records the council vote as: “And it, fails, 5 to 4.”

Sources and next steps: The developer representatives said they continue to pursue power confirmations with Encore and ERCOT and will consider other development scenarios if data-center approvals are not obtainable within their timetable. The council noted it is finalizing a separate data-center ordinance that could alter future decisions on similar proposals.