AGENDA CAPTION:
Title
CUP-25-27 Hold a public hearing and consider a request by Mirza T Baig, on behalf of SH 123 Wonderworld LLC, for a Conditional Use Permit to allow the use of Gasoline Sales, located at 1716 HW 123. (C. Garrison)
Body
Meeting date: June 24, 2025
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative: [Please select from the dropdown menu below]
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N/A
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Background Information:
The subject property was zoned to “EC” Employment Center District in September of 2021 (Ord.# 2021-77). EC was renamed to Commercial “CM” in August of 2021. The property was placed under a Restrictive Covenant in August of 2022 (Ord.# 2022-52) prohibiting Warehouse and Truck Stop uses and limiting the Hotel/ Motel use.
The property currently has a subdivision plat under review (PC-25-09).
Section 5.1.5.4.C of the San Marcos Development Code defines Gasoline Sales as “A facility with fuel pumps that may sell vehicle fuel.”
Section 5.1.5.4.D of the San Marcos Development Code defines Truck Stop as “A facility for the parking, refueling or minor repair of heavy load tractor-trailer trucks. These facilities may also include retail sales of food or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters.
The applicant is proposing a convenience store with gasoline sales.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends Approval with conditions:
1. All uses associated with a Truck Stop, per Section 5.1.5.4.D, will not be allowed;
2. Provided standards are met, the conditional use permit shall not expire.