AGENDA CAPTION:
Title
Receive a Staff presentation and hold a public hearing to receive comments for or against Ordinance 2026-52, amending the Official Zoning Map of the City in Case No. ZC-26-03 by rezoning approximately 14.72 acres located along the 1600 Block of Hunter Road, 2,000 feet east of Wonder World Drive from Future Development (FD) District to Commercial (CM) District, or, subject to consent of the owner, another less intense zoning district classification; including a possible Development Overlay Regulating Plan, if applicable; including procedural provisions; and declaring an effective date, and consider approval of Ordinance 2026-52 on the first of two readings.
Body
Meeting date: October 20, 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
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Fiscal Note:
Prior Council Action: N/A
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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 has been included in the Council packet for consideration and additional background on Development Overlay Regulating Plans is included in the staff report.
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. A super majority vote is therefore required by Council for the zoning change to be approved.
Alternatives:
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Recommendation:
Staff is providing a neutral recommendation and leaves a decision of approval, denial, or approval of a lesser zoning district up to the City Council.
As discussed in more depth in the Staff Report, the applicant is proposing a Development Overlay Regulating Plan in order to limit the impervious cover allowed on the site to 30%. Staff does not have concerns with the applicant’s proposed overlay regulating plan which may be approved by Council with the zoning request.