Two items related to the proposed data center at 904 Francis Harris Lane were voted against 8 to 1 at the Planning and Zoning meeting on Tuesday. The first item was a request by the Austin law firm Armbrust & Brown, PLLC on behalf of Highlander SM One – which is a Limited-Liability Company registered by developer John Maberry of Austin – and Donald and Germaine Tuff – the original landowners – to amend the Preferred Scenario map from “Conservation/ Cluster” to “Commercial/ Employment Low” for the 199 acres of land located on the western side of Francis Harris Lane, south of the inter- section between Grant Harris Road and Francis Harris Lane.
The next item related to the proposed data center development was a request by Armbrust & Brown PLLC for a Zoning Change from Future Development and Character District 2.5 to “Light Industrial” or another less intense zoning district classification for the approximately 199 acres of land. This request was also voted against in an 8-1 decision by the commission. The Preferred Scenario map is a city wide plan for how to manage growth that was recently updated and included in Vision SMTX Comprehensive plan, which is a policy document intended to guide the growth and evolution of the city for the next 20 to 30 years that was adopted by the San Marcos City Council in October of 2024. The approximately 199 acres proposed for change lie in the Conservation/Cluster designation, which prefers a development that has low impact to the natural environment. Armbrust & Brown LLC requested an amendment to change the acreage to Commercial Employment Low, which is primarily characterized by light to heavy industrial, warehouse and distribution, lower density office and general commercial.
There was a large crowd of San Marcos community members in attendance to voice their concerns about the proposed AI data center and its potential strain on the city’s water and electricity supply. The opposition to the data center development also noted concerns surrounding noise, light and air pollution as well as wildlife impact and a negative impact to property values surrounding the proposed development.
Developer Maberry and Michael Whellan of Armbrust & Brown were present to give their remarks in favor of amending the Preferred Scenario Map and for rezoning the site to “Light Industrial.” Maberry had previous plans to use the land at 904 Francis Harris Lane to build a subdivision of 470 homes, but the plans fell through after lack of interest from home developers. The discourse and public comments about these two items lasted around four and a half hours out of the almost eight-hour Planning and Zoning meeting. There is a historic gravesite on the property, but Whellan assured that they will allow legal access if the data center is built.
Abigail Lindsey was one of the dozens of citizens who spoke in opposition of the data centers development and who has been protesting and organizing information along with her sister Jennifer Lindsey. “We’re here because we care,” Abigail said. “On Feb. 19 at the neighborhood commissioners meeting, I asked Mr. Maberry to please name the data center owners, and he said no it was confidential.”
After much discussion from the commission members, Maberry answered their final questions before the vote took place.
“My company is a development company,” Maberry said. “We’ve secured water for development, that’s something we plan to do. Right now we have zoning for the homes, and that’s the only thing I have; as a development company, we don’t buy the land to not develop it.”
Although the Planning and Zoning Commission voted 8-1 against both items, the city council has the final vote. There will be a City Council Public Hearing (no action) on April 15, a City Council Public Hearing and First Reading on May 6 and a City Council Ordinance Reconsideration (2nd Reading) on June 3.
