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File #: CUP-25-27    Version: 1 Name:
Type: Action Item Status: Passed
File created: 6/9/2025 In control: Planning and Zoning Commission
On agenda: 6/24/2025 Final action: 6/24/2025
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)
Attachments: 1. CUP-25-27 Staff Report, 2. CUP-25-27 Maps, 3. CUP-25-27 Business Details, 4. CUP-25-27 Application, 5. CUP-25-27 Presentation
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]
N/A
N/A
Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
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? Environment & Resource Protection - Choose an item.
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? Core Services
? Not Applicable

Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
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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 ...

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