The San Marcos City Council voted on a variety of amendments to the city's development code pertaining to additional restrictions on data centers at an April 21 meeting. (Michael Milliorn/Community Impact)
The San Marcos City Council is in the process of updating its Land Development Code and Design Manual, in part to address new types of development. The council voted on multiple amendments, not yet finalized, to increase restrictions on the development of data centers at an April 21 meeting.
Currently, the development type falls under the Light Industrial land use distinction and is permitted in Light Industrial- and Heavy Industrial-zoned areas, and is conditional upon Planning and Zoning Commission approval in CD-5- and CM-zoned areas.
Mayor Jane Hughson proposed an amendment to the Land Use Matrix that would only permit data center development in High Industrial-zoned areas on a conditional basis, requiring council approval.
“I don't want to cut them out forever, but I want a conditional use, and I want it to come to us,” Hughson said. “We may still say no to everyone that comes through, but I want to leave the option.”
The City Council approved Hughson’s amendment. Place 6 council member Amanda Rodriguez then proposed a new amendment that would not permit the development of data centers in any zoning district within city limits.
“I've spent the time since we [last] postponed this item meeting with people when I thought Heavy Industrial [zoning] only would be sufficient,” Rodriguez said. “That was not what people wanted. It is not my job to force-feed the people who voted for us something they don't want. This is just a reflection of their asks.”
Rodriguez’s amendment failed to pass, with three votes in favor and four dissenting.
“I don't want to cut off the option of ever having [a data center], because there may be technological changes in the future that will make it less objectionable,” Hughson said. “I would like to keep the option open to be able to do that, but only in Heavy Industrial [zoning].”
City Council meeting attendees react to a failed vote that would have not permitted data center development in any zoning district within San Marcos. (Michael Milliorn/Community Impact)
Diving deeper
The City Council voted to approve a variety of additional LDC and Design Manual amendments related to data centers, including:
The city’s official definition of data centers to provide the distinction to proposed developments as they are considered in the Land Use Matrix
A restriction prohibiting data centers from using potable water for system cooling purposes
A requirement restricting data centers from producing sound over 60 decibels from their property line to reduce noise impact on neighboring residences, hotels, hospitals and other places where citizens sleep overnight
Criteria for approval, having the council evaluate a proposed project’s strain on natural resources and public services or utilities
Looking forward
While the City Council voted on the data center-related amendments at the April 21 meeting, the changes have yet to be finalized.
The amendments are part of a larger agenda item to approve all suggested updates to the city’s LDC and Design Manual. The City Council postponed the item’s first reading vote to the next scheduled council meeting.
The council will vote for the updates on the first of two readings at a May 5 meeting and on the second and final reading at a May 19 meeting.
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