AGENDA CAPTION:
Title
Consider approval of Ordinance 2026-08, on the first of two readings, amending the City’s Development Code and associated design manual to, among other things, update applicability and processes for certain development permits; update provisions concerning parkland dedication requirements; establish an optional Development Overlay Regulating Plan to accompany zoning change requests; provide standards for new and emerging development types within the Land Use Matrix such as Data Centers; update and clarify landscaping and tree mitigation requirements for new development; correct typos and inconsistencies, and update the code to reflect recent changes to state law; providing a savings clause; providing for the repeal of any conflicting provisions; and declaring an effective date.
Body
Meeting date: May 5, 2026
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account or Project Number (C = CIP funds): N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: On August 19, 2025, City Council provided initial authorization to update the Land Development Code. This update will help implement the Vision SMTX Comprehensive Plan (adopted on October 15, 2024), improve development processes, align with state law, and address new types of development.
City Council Strategic Initiative: [Please select from the dropdown menu below]
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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
☐ Arts and Culture - Choose an item.
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☒ Housing + Neighborhoods - HN-2: Promote diverse housing choices and attainability at all affordability levels to accommodate household size, preference, and characteristics over residents' life spans
☒ Land Use + Community Design and Character - LU-4: Institutionalize and/or incentivize land use policies, development practices, and conservation design elements that protect or improve the natural environment as the City grows
☒ Parks & Public Spaces + Health, Safety & Wellness - PPS-1: Provide an accessible, diverse connected network of parks, open spaces, and recreation facilities to serve the entire San Marcos community
☒ Transportation - TR-1: Develop a robust, balanced, multi-modal transportation system that provides safe, comfortable, and convenient mobility options for people of all abilities
☐ Core Services
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Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
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Vision SMTX Comprehensive Plan
Background Information:
The City of San Marcos is updating its Land Development Code (LDC) and Design Manual. On August 19, 2025, City Council provided initial authorization to update the LDC. This update will help implement the Vision SMTX Comprehensive Plan (adopted on October 15, 2024), improve development processes, align with state law, and address new types of development.
The Land Development Code establishes the rules and regulations which guide development within the City limits and its Extra-territorial Jurisdiction (ETJ). These regulations cover various aspects, including:
• Land uses permitted in different zoning districts;
• The subdivision of property including the layout of lots;
• Setbacks and density;
• Parking requirements;
• Landscaping and tree standards;
• Infrastructure requirements;
• Environmental regulations; and
• Site/building design requirements.
Within the City Council packet is a justification table outlining the purpose and rationale for each amendment as well as the draft mark-up of the Development Code and Design Manual.
Council Committee, Board/Commission Action:
The following boards received informational presentations regarding the Land Development Code Amendments. No action was taken.
- Historic Preservation Commission: October 2, 2025
- Planning & Zoning Commission: October 14, 2025
- Parks & Recreation Advisory Board: October 23, 2025
- Neighborhood Commission: November 19, 2025
At their February 10, 2026 Meeting, the Planning and Zoning Commission recommended approval of the Development Code with 5 amendments, which are detailed in the presentation. The Commission amendments have been incorporated into the mark-up of the Development Code included in the packet.
City Council held a Public Hearing on March 3, 2026 and postponed action to the April 21, 2026 meeting. After holding a Public Hearing on April 21, the Council postponed action on first reading to the May 5, 2026 City Council meeting. Staff created a memo that includes 1) the 13 amendments that were proposed by City Council at the April 21, 2026 City Council meeting, 2) direction from Council to staff to provide draft language for two potential amendments, and 3) the proposed staff recommended amendments previously included in the April 21 Council Packet for Council consideration.
Alternatives:
n/a
Recommendation:
Staff recommends approval of the Development Code & Design Manual as presented in the Council Packet with the addition of five proposed amendments:
Proposed Amendment #1: Revise Section 5.1.5.5.B.7 “The business shall be responsible for maintaining the subject property and the abutting right-of-way, excluding the public street or alley pavement, within 100 feet of any entrance and exit, in a clean and sanitary conditions, free from litter and refuse at all times. The maintenance responsibilities shall not overlap another alcohol CUP holder’s maintenance area” This amendment was discussed and recommended by the Joint Planning and Zoning Commission / City Council Conditional Use Permit Committee at their April 4, 2026 meeting.
Proposed Amendment #2: Revise Section 5.1.5.5.E.2.c “The business shall be responsible for maintaining the subject property and the abutting right-of-way, excluding the public street or alley pavement, within 100 feet of any entrance and exit, in a clean and sanitary conditions, free from litter and refuse at all times. The maintenance responsibilities shall not overlap another alcohol CUP holder’s maintenance area” This amendment was discussed and recommended by the Joint Planning and Zoning Commission / City Council Conditional Use Permit Committee at their April 4, 2026 meeting.
Proposed Amendment #3: Revise the Development Code to prohibit a food truck from being used to meet the definition of a “Restaurant”. within the Downtown Central Business Area (CBA). This amendment was discussed and recommended by the Joint Planning and Zoning Commission / City Council Conditional Use Permit Committee at their April 4, 2026 meeting.
Proposed Amendment #4: Revise the Development Code to prohibit a food truck from being used to meet the definition of a “Bar” within the Downtown Central Business Area (CBA).This amendment was discussed and recommended by the Joint Planning and Zoning Commission / City Council Conditional Use Permit Committee at their April 4, 2026 meeting.
Proposed Amendment #5: Revise Section 2.2.4.2, Review Authority to align with recent State Legislative changes per Section 211.0061 of the Texas Local Government Code. This proposed amendment does not change the substance of the original Draft Development Code language and seeks to rearrange text to provide clarity and avoid duplication. A copy of the revised text is included in the packet as a separate attachment.
Furthermore, staff received a few suggested edits from the City Council message board. These edits address typos, grammatical issues, and formatting errors, and do not change the substantive text of the Development Code. Due to them being typographical in nature, staff have integrated these edits into the most recent version of the Land Development Code included in the Council packet.