The governing documents for this project are the Executed Development Agreement (January 17, 2023) and the Administrative Amendment (April 12, 2023). Together they define the permitted uses, development standards, environmental commitments, and the 100-foot residential buffer surrounding Reedville that are legally binding on the ~2,017 acres held by Franklin Mountain San Marcos I, LP for up to 45 years.
Governing Development Agreement
First Amended & Restated SMART Terminal Development Agreement
The primary governing agreement between the City of San Marcos and Franklin Mountain San Marcos I, LP covering approximately 2,017 acres in Caldwell County along FM 1984. Signed by Ryan Burkhardt (Franklin Mountain) and Stephanie Reyes (Interim City Manager).
Key provisions include:
- Heavy Industrial / Heavy Commercial base zoning
- 51 permitted uses + service/retail uses west of Loop 110 (Exhibit D)
- Development code waivers: 10,000 ft block perimeters, chain-link fencing, trailer parking landscaping, pedestrian access
- Outdoor container storage up to 80 ft (waiver of 12 ft standard) when 200 ft from public ROW
- 70% impervious cover site-wide / 90% per individual lot
- Impact fees frozen at March 19, 2019 rates
- 2,108 LUEs of wastewater service guaranteed
- City contractually prohibited from imposing moratoria or growth restrictions on the property
- Agreement constitutes a Chapter 245 vested-rights permit
PDF - 4.2 MB - 42 pages - signed original
Amendment
Administrative Amendment - Exhibit B & Exhibit G Replacement
A minor amendment to the development agreement signed by Ryan Burkhardt (Franklin Mountain), Amanda Hernandez (City Director of Planning & Development Services), and Barbara L. Quirk (Interim City Attorney). Replaces two exhibits from the January 2023 agreement.
Changes made:
- Exhibit B replaced - New Conceptual Land Use Plan (issued April 5, 2023) adds a 100-foot wide Reedville residential buffer on portions of the property surrounding the Reedville community, and designates the exclusive area where container storage up to 80 ft is permitted
- Exhibit G replaced - Updated Cut-Fill Extents map designates additional buffer zones for certain floodplains on the property
- Stormwater commitment added - Owner agrees to achieve at least 75% removal of increased total suspended solids from stormwater (up from 70% in the base agreement), and to install outfall slide gates or equivalent discharge controls on all detention ponds
PDF - 9.9 MB - includes signed cover letter + updated maps
Original Agreement
Original SMART Terminal - Chapter 380 Economic Development Incentive & ETJ Development Agreement
The original agreement authorizing the SMART Terminal project, recorded in Caldwell County deed records. Parties: original landowners (Curby D. Ohnheiser, Diane M. Deringer, Carolyn J. Scurlock, Van Lee LLC, and Ohnheiser Properties, LP), the City of San Marcos, and Texas Transportation Alliance, LTD as Developer. Signed by Mayor Jane Hughson and attested by City Clerk Jamie Lee Case. The 2023 Amended & Restated Agreement (above) superseded this document after Franklin Mountain San Marcos I, LP acquired the land and assumed the rights and obligations under it.
Key provisions:
- Covered approximately 888.772 acres in Caldwell County along Hwy 80
- Developer (Texas Transportation Alliance) intended to develop a heavy industrial and transportation hub accessible by truck, rail, and adjacent to San Marcos Municipal Airport
- Chapter 380 economic development incentives in exchange for annexation into the City's ETJ
- Includes signed Resolution 2019-49R and full recorded agreement with Caldwell County stamp
PDF - 4.9 MB - 90 pages - recorded original with County Clerk stamp
Full Document Archive
Document Timeline - 280+ Public Records
Beyond the governing agreements above, this project has generated hundreds of public records - emails, meeting notes, agendas, and correspondence obtained through public information requests. Browse the full chronological archive.