AGENDA CAPTION:
Title
ZC-26-03 (1600 Block Hunter Road / FD to CM) Hold a public hearing and consider a request by Sinai Pentecostal Church, for a Zoning Change from Future Development (FD) to Commercial (CM), with a Development Overlay Regulating Plan, or, subject to consent of the owner, another less intense zoning district classification, for approximately 14.72 acres out of the J.M. Veramendi Survey No. 1, generally located along Hunter Road, 2,000 feet east of W. Wonder World Drive. (J.Cleary)
Body
Meeting date: November 10, 2026
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account or Project NN/Aumber (C = CIP funds): N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: At their October 20, 2026 meeting, City Council requested that the zoning change request be reconsidered by the Planning and Zoning Commission along with the accompanying Development Overlay Regulating Plan, before taking action on the request.
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Master Plan:
Vision San Marcos - A River Runs Through Us
Background Information:
The site was originally annexed into the city limits in 1980 (Ordinance 1980-51). It was previously designated as a “predevelopment” zoning district before this zoning district was renamed “Future Development”, which per Section 4.3.1.1 of the Land Development Code, is “intended to serve as a temporary zoning district for properties that shall develop in the future but have been newly annexed and/or are not yet ready to be zoned for a particular use.” The Future Development zoning district does allow some uses by right, including agricultural, rural residential, and civic uses), provided the impervious cover is limited to 30%. The site is currently owned by and used as a church, although there are no permanent buildings on the site. The applicant is proposing to construct new church buildings as well as a funeral home to be used by Pennington Funeral Home. The church use itself does not require a zoning change to develop the site as it is already allowed by right, however the funeral home use would not be allowed under the current Future Development zoning.
The requested “CM” Commercial zoning district is the least intense “Special” District within the Code, and allows retail, commercial, service and civic uses, with buildings up to 4 stories in height and up to 80% impervious cover. Enhanced site design standards in this district require parking to be placed behind the building, with principal building setbacks between 10 and 20 feet from the street.
Although commercial uses are considered to be compatible with the surrounding land use pattern, staff has concerns with the extent of the floodplain/floodway on this property. The applicant has indicated that they wish to address the zoning first before undertaking further engineering studies to determine what would be required to comply with the City’s floodplain regulations.
Applicant-Requested Development Overlay Regulating Plan:
In response to environmental concerns expressed by the Planning and Zoning Commission at their September 22, 2026, meeting, the applicant has proposed a Development Overlay Regulating Plan (DORP) limit the impervious cover on the property to 30%. This DORP was presented to Council at their October 20, 2026 meeting, however due to the potentially substantive change to the nature of the request, Council requested that P&Z reconsider the case prior to taking final action on the proposal.
Council Committee, Board/Commission Action:
At their September 22 meeting, the Planning and Zoning Commission voted 6-3 to recommend denial of ZC-26-03.
Alternatives:
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Recommendation:
With the inclusion of the Development Overlay Regulating Plan (DORP) limiting the impervious cover to 30%, staff recommends approval of ZC-26-03 as presented.