AGENDA CAPTION:
Title
Receive a Staff presentation and hold a public hearing to receive comments for or against Ordinance 2026-46, amending the Official Zoning Map of the City in Case No. ZC-26-06 by rezoning approximately 165.694 acres of land in the La Cima Subdivision generally located 200 feet west of the Central Park Loop and Puppy Dog Pass intersection from Future Development (FD) District to Single Family-4.5 (SF-4.5) District, or, subject to consent of the owner, another less intense zoning district classification, including procedural provisions; and declaring an effective date, and consider approval of Ordinance 2026-46 on the first of two readings.
Body
Meeting date: October 7, 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: N/A
City Council Strategic Initiative: [Please select from the dropdown menu below]
N/A
N/A
N/A
Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
N/A Arts and Culture - Choose an item.
N/A Economic Development - Choose an item.
N/A Environment & Resource Protection - Choose an item.
Yes Housing + Neighborhoods - HN-1: Ensure that San Marcos neighborhoods provide safe, affordable, and healthy homes and environments for residents
N/A Land Use + Community Design and Character - Choose an item.
N/A Parks & Public Spaces + Health, Safety & Wellness - Choose an item.
N/A Transportation - Choose an item.
N/A Core Services
N/A Not Applicable
Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
Choose an item.
Background Information:
The subject property is within the larger “La Cima” neighborhood which has an approved Development Agreement adopted by City Council in 2013. A Development Agreement is a contract establishing a plan of development for land located in the City’s Extraterritorial Jurisdiction (ETJ) and may prescribe a variety of development and public facility standards and provides procedures for annexation of the property to the City. Since 2013, the Development Agreement has been amended 8 times with the last amendment occurring in May of 2026.
This zoning change request is one of two applications submitted by the applicant for this subject property. The other application is an annexation case, AN-26-05, which is being processed concurrently with this zoning application.
Council Committee, Board/Commission Action:
This zoning application was considered by the Planning and Zoning Commission at their September 8, 2026 meeting. A motion was made by Commissioner Dunn, seconded by Commissioner Burleson to recommend approval of the request. The motion passed with an 8-1 vote and Commissioner Johnson dissenting.
Questions were raised about whether this entire area could be developed as single‑family homes, given that the applicant’s illustrative plan shows an open space area along Central Park Loop and the City’s Preferred Scenario Map designates a small portion of the area as Conservation/Cluster. The open space within the applicant’s illustrative plan, however, is not codified in the Development Agreement (DA). Because the “Concept Plan” that is codified within the DA designates the subject area for single‑family residential use, the City has no mechanism to require open space within this portion of the property - despite the applicant’s illustrative indicating open space. It was also discussed that the DA governs development because it explicitly states: (a) The property must be developed in accordance with its Concept Plan and (b) if there is a conflict between the DA and the City’s code, the DA controls.
Alternatives:
Click or tap here to enter text.
Recommendation:
Staff recommends approval of ZC-26-06, as presented.