AGENDA CAPTION:
Title
PSA-25-02 (Francis Harris Lane Maberry Data Center Preferred Scenario Amendment) Hold a Public Hearing and consider 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)
Body
Meeting date: January 13, 2026
Department: Planning and Development Services
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Prior Council Action: See “Background Information” section below.
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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 6 necessary 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-25-13).
• 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 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.
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.
Council Committee, Board/Commission Action:
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Recommendation:
Staff recommends approval of PSA-25-02 as presented.