Brittany Kelley
SAN MARCOS — The Hays County Commissioners Court voted to cancel the much-discussed Hays Commons development agreement (DA) at its June 9 meeting.
The Hays Commons development has been an ongoing discussion for several months. As previously reported by the Hays Free Press/News-Dispatch, the 340.88-acre lot sits at the intersection of FM 1626 and SH 45 in both Hays and Travis counties.
Before discussion, the court noted that 73 residents sent in similar letters against the item, citing water and environmental concerns.
Commissioner Walt Smith, who sponsored the item, began by stating that a variance was brought forward by the Hays County judge three times over the last several months: “We as a court made it a choice in the past that we would not do variances of this scale, without some type of development agreement (DA).”
Because of this, he shared that he sat down with the developer to “try to work out something for the general good of the public.”
Agenda documents detail that the DA would include a single-family residential and commercial subdivision.
However, the developer's presentation stated that the vote is not whether the development will be built; it is how it will be structured. For example, the DA outlines that there will be more than 200 acres of open space — protecting the site’s most sensitive areas — with 346 residential lots, one commercial lot and one amenity lot. But without the agreement, it will be entirely residential.
Additionally, the DA includes roadways, drainage/stormwater facilities, utilities, water lines, wastewater lines and related storage facilities under Hays County's terms. The water supply, for instance, will be centralized, up to the Texas Commission on Environmental Quality standards and use the Lower Trinity well. Without the agreement, there will be more than 100 individual private wells using the Edwards Aquifer. There will also be multiple creek crossings and a floodplain only for homesites.
“If at the end of the day, the public has spoken and doesn’t want to move forward with the development agreement, I’m absolutely fine with that. If it does come back, I will make sure it comes back more than 30 days from now, so that if there is any additional input that is needed or any additional suggestions, you have time to consider that,” said Smith.
The commissioner then discussed the lack of tools provided to counties by the state, citing the passage of the Death Star law in 2023, which prevented cities and counties from enforcing ordinances that went against state law. Despite this, Hays County has been listed as one of the most stringent amongst counties in a study done by the Edwards Aquifer, continued Smith, adding that this is due to the ability to create customized DAs.
“We use the tools we have in a different way and that’s how we use enforcement,” he said. “We tried to use those limited tools as best we can to address these things … At the end of the day, we need more authority. We can’t do everything that we would like to do, but I have to tell you: I hope and I pray that during this legislative session, whenever these bills come up that would give authority to counties to address some of the concerns that you have, I hope and pray that y’all take that one day — like you took today to talk to us — and go talk to [the legislature].”
Smith then motioned to table the item for 30 days.
Commissioner Morgan Hammer spoke up after, stating that she believes the DA is “incredibly flawed,” so unless the developer is willing to completely redo it, she would rather vote on whether the court should authorize the execution of the DA or not.
“I’m going to challenge commissioner Smith’s idea that we have no power, that you should go to the capital instead [and] join him as the lone resident that goes to the capital. Join him, please, and plead for power for this court. Let’s test it,” said Hays County Judge Ruben Becerra. “Call the vote to cancel this development agreement.”
Smith protested, stating that he already made a motion to table it, but because he didn’t receive a second, the motion failed.
Becerra requested for a roll call vote to cancel the DA, which ended 3-1, with Smith dissenting. Commissioner Michelle Cohen was not in attendance.
“Your theory just failed. Try again at the capital. These people are watching and they care,” concluded the judge.
Due to the fact that the initial vote called by Becerra didn’t have the corect procedural language, another was taken after executive session. The judge motioned to deny the DA, with a second from commissioner Debbie Ingalsbe. The cancellation passed 3-1, with Smith dissenting.
Although the DA was canceled, Hays Commons' development will continue under standard county regulations.
The Hays County Commissioners Court will meet next June 23.
