AGENDA CAPTION:
Title
Receive a Staff presentation and hold a public hearing to receive comments for or against Ordinance 2026-05, amending the Official Zoning Map of the City in Case ZC-25-13, by rezoning approximately 199.49 acres of land, generally located on the western side of Francis Harris Lane, south of the intersection between Grant Harris Road and Francis Harris Lane in Hays County, Texas, from Future Development District (FD) and Character District 2.5 (CD-2.5) to Light Industrial District (LI) or, subject to consent of the owner, another less intense zoning district classification, including procedural provisions; and providing an effective date, and consider approval of Ordinance 2026-05 on the first of two readings.
Body
Meeting date: February 17, 2026
Department: Planning and Development Services
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Fiscal Note:
Prior Council Action: See “Background Information” below.
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Background Information:
This is a resubmittal of a previous zoning change request (ZC-25-02) which was recommended 6-1 for denial by the Planning and Zoning Commission at their March 25, 2025, meeting. It was then withdrawn by the applicant after the associated Preferred Scenario Amendment (PSA-25-01) failed to receive the necessary votes for approval by Council at their August 19, 2025, meeting.
This zoning change covers 199.49 acres of land on the western side of Francis Harris Lane and is accompanied by the following applications:
• PSA-25-02 - Preferred Scenario Amendment from Conservation/Cluster to Commercial/Employment - Low. (resubmittal of PSA-25-01)
• 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 this 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.
Per Table 4.1 of the Land Development Code, Light Industrial zoning is not permitted within Conservation/Cluster Place Types. Approval of the associated Preferred Scenario Amendment to Commercial/Employment - Low (PSA-25-02) is required before this zoning change can be approved.
Grant Harris Rd, a private driveway/ access easement with several residential structures, runs along the northwestern boundary of the property. These properties do not currently have any direct roadway frontage - the City of San Marcos Thoroughfare Plan would require the developer to dedicate Right of Way at the time of platting which would provide direct road frontage to these properties.
Staff is proposing to designate a 50’ Character District-1 (CD-1) buffer along the northwestern boundary of the property adjacent Grant Harris Rd. The applicant agrees with this modification of the request. In addition, the applicant is proposing restrictive covenants, a draft of which are included in this packet.
Council Committee, Board/Commission Action:
At their January 13, 2026 regular meeting, the Planning and Zoning Commission voted 6-2 to recommend partial approval of ZC-25-13 for all of the requested tract with the exception of a 50 ‘ buffer along the northwestern property line of the Highlander, SM One, LLC Tract adjacent the private driveway Grant Harris Rd. This 50’ buffer is recommended for the less intense zoning district of Character District-1 (subject to the consent of the applicant).
Alternatives:
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Recommendation:
• Staff recommends partial approval of ZC-25-13 for all of the requested tract with the exception of a 50 ‘ buffer along the northwestern property line of the Highlander, SM One, LLC Tract adjacent the private driveway Grant Harris Rd (see map included in the packet). This 50’ buffer is recommended for the less intense zoning district of Character District-1 (subject to the consent of the owner).
• This recommendation for approval is also subject to the approval of the associated Preferred Scenario Amendment PSA-25-02.
• A petition protesting the zoning change request has been received from surrounding landowners (see attached “Protest Petition and Map” included in the packet). Per Section 211.0061 <https://statutes.capitol.texas.gov/?tab=1&code=LG&chapter=LG.211&artSec=> of the Texas Local Government Code, a super majority of three- fourths of City Council (6 votes) shall be required for the zoning change to be approved.