AGENDA CAPTION:
Title
Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2025-19, amending the Preferred Scenario Map of the city’s comprehensive plan from “Conservation/Cluster” to “Commercial/Employment Low” for approximately 199.49 acres of land on the western side of Francis Harris Lane; including procedural provisions; and declaring an effective date.
Body
Meeting date: June 3, 2025
Department: Planning and Development Services
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Background Information:
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-25-02 - Zoning change from Character District 2.5 (CD 2.5) and Future Development (FD) to Light Industrial (LI)
• AN-25-02 - Annexation request for the southwestern part of the site located outside of the city limits (approx. 64 acres).
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 so would only be 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 CD 2.5 on August 2nd, 2022 (Ord. 2022-45). CD2.5 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 ft 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, p102). 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-25-01 Place Types Comparison").
Council Committee, Board/Commission Action:
At their March 25th meeting, the Planning and Zoning Commission voted 8-1 to recommend denial of PSA-25-01.
Alternatives:
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Recommendation:
This meeting is for a Public Hearing only - no action is required at this time.