AGENDA CAPTION:
Title
PSA-25-02 (Francis Harris Lane Maberry Data Center Preferred Scenario Amendment) Receive a staff presentation and discuss a request by Armbrust & Brown, PLLC, on behalf of Highlander SM One, LLC, and Donald and Germaine Tuff, to amend the Preferred Scenario map from “Conservation/ Cluster" to “Commercial/Employment Low " for 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 Rd and Francis Harris Lane in Hays County, Texas (J. Cleary)
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Meeting date: December 9, 2025
Department: Planning and Development Services
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Background Information:
This is a resubmittal of a previous Preferred Scenario Amendment (PSA-25-01) which was considered on first reading by Council on 8/19/2025. Although Council voted 5-2 to approve PSA-25-01, the motion failed because it did not receive the necessary 6 votes in order to overturn a recommendation of denial from the Planning and Zoning Commission.
This request for a Preferred Scenario Amendment from “Conservation/Cluster” to “Commercial/Employment Low” covers 199.49 acres of land on the western side of Francis Harris Lane and is accompanied by the following applications:
• ZC-25-13 - Zoning change from Character District 2.5 (CD 2.5) and Future Development (FD) to Light Industrial (LI) (Resubmittal of ZC-25-02).
• AN-25-02 - Annexation request for the southwestern part of the site located outside of the city limits (approx. 64 acres). This application was approved by Council on first reading on 8/19/2025 and was postponed by the applicant in order to align with the associated zoning change and Preferred Scenario Amendment.
The applicant is requesting the Preferred Scenario Amendment and associated zoning change in order to construct a data center. Data centers are considered a Light Industrial use and are permitted under either Light Industrial or Heavy Industrial zoning. No proposed site plans have been received at this time. Please note that under the Draft proposed Development Code Amendments in-process, the use of a “Data Center” would become a "Conditional" use in Light Industrial and a "Limited" use in Heavy Industrial.
The northeastern 137-acre tract that is currently within the City limits was annexed and zoned to Character District 2.5 (CD-2.5) on August 2, 2022 (Ord. 2022-45). CD-2.5 zoning predominantly allows single family residential development. Due to concerns regarding the proposed residential use adjacent the Hays Energy Power Plant located on the other side of Francis Harris Lane, Council requested that a restrictive covenant (Hays County Clerk Inst. 22049761) be placed on the site which would require the developer to notify potential residents on the site of the adjacent power plant and potential noise/industrial lighting impacts, as well as additional construction requirements for all homes within 1,500 feet of the power plant.
Page 110 of the adopted Vision SMTX Comprehensive Plan states that the existing "Conservation/Cluster Place Type identifies areas where development would be discouraged over the life of the Comprehensive Plan" and that "Development that does occur within conservation and reserve areas should be low impact to the natural environment by using a variety of development techniques and strategies". Conversely, the requested Commercial/Employment Low would "facilitate lower density, auto-oriented retail, office and industrial type uses" (Vision SMTX Comprehensive Plan, p.102). Key extracts from the Comprehensive Plan regarding the two Place Types are included in the packet, along with a copy of the Comprehensive Plan / District Translation Table 4.1 which shows which zoning districts are allowed under each Place Type (see attachment "PSA-25-02 Place Types Comparison").
Council Committee, Board/Commission Action:
This is a resubmittal of a previous Preferred Scenario Amendment (PSA-25-01) which was considered on first reading by Council on 8/19/2025. Although Council voted 5-2 to approve PSA-25-01, the motion failed because it did not receive the necessary 6 votes in order to overturn a 7-1 recommendation of denial from the Planning and Zoning Commission.
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This is an informational meeting - no action is required at this time.