PLANNING & LAND USE REFERENCE

TriTexas Logistics Park (formerly SMART Terminal / Axis Logistics Park) - Project Timeline

Synthesized from 836 public information request documents, City of San Marcos Legistar legislative records, and 32 Caldwell County deed/easement/agreement records - San Marcos, Texas - Updated May 2026

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2014
December 11, 2014
Legal City Council Cotton Center Consent Agreement & MUD Petition Approved (MUD-14-02 / Ord. 2014-70)
City Council approves the original Cotton Center Consent Agreement and processes the Municipal Utility District (MUD) petition for the Cotton Center area in Caldwell County. The Consent Agreement governs water/wastewater service obligations and is tied to the City's Sewer Certificate of Convenience and Necessity (CCN No. 20116). This agreement - signed by Walton Texas LP and related entities - becomes a foundational document that persists through 2025.
  • MUD-14-02: Petition for MUD by Metcalfe, Wolfe, Stuart & Williams (on behalf of landowners)
  • Ord. 2014-70: Ordinance approving the Consent Agreement and MUD proceedings
  • Caldwell County recording: Document No. 2014-006144
Source: San Marcos Legistar - MUD-14-02, Ord. 2014-70; MUD-14-02 - FINAL Consent Agreement 10 24 14.pdf
2016
December 20, 2016
Legal Cotton Center Development Agreement Executed
An earlier development agreement covering parcels along Highway 80 in Caldwell County is executed between the City of San Marcos and original landowners. This becomes a predecessor document to the SMART Terminal agreement.
Source: Cotton_Center_Development_Agreement__COSM__2016_12_20_Executed.pdf
2018
October 30, 2018
City Council City Council Discusses SMART Terminal Annexation Schedule (ID#18-746)
City Council takes up discussion and approval of a proposed schedule for the Smart Terminal Development annexation and provides direction to the City Manager. This is the formal opening of the annexation and zoning process.
Source: San Marcos Legistar - ID#18-746
December 11, 2018
P&Z P&Z Commission Denies ZC-18-21 - 934 Acres to Heavy Industrial (Vote: 5–4)
The Planning & Zoning Commission votes to deny zoning case ZC-18-21 - Franklin Mountain / Ohnheiser's request to rezone approximately 934 acres from ETJ to Heavy Industrial for the SMART Terminal. The denial triggers a Council reconsideration motion.
  • Planner: Tory Carpenter (overview)
  • Motion to approve FAILED 3–6 (FOR: Dillon, McCarty, Porterfield; AGAINST: Baker, Garber, Gleason, Haverland, Ramirez, Rand)
  • Motion to deny CARRIED 5–4 (FOR: Baker, Garber, Haverland, Ramirez, Rand; AGAINST: Dillon, Gleason, McCarty, Porterfield)
  • Public commenters: Robert Peters (for), Mary Beth Harper (against - ETJ dispute, FEMA maps), Juan Cavazos (against - flooding, property values)
  • Shannon Mattingly acknowledged the ETJ mapping discrepancy between San Marcos and Martindale on the public record
Note: P&Z met November 13 and November 27 on other matters; ZC-18-21 was first heard December 11.
Source: P&Z Commission Meeting Minutes, December 11, 2018 (CivicEngage: /Minutes/_12112018-1550); San Marcos Legistar - ZC-18-21 (Status: Failed)
2019
January 8, 2019
P&Z P&Z Reconsiders & Approves ZC-18-21 - Flips to 7–1 in Favor of Heavy Industrial
Following a City Council motion to reconsider (ID#18-907), the Planning & Zoning Commission takes up ZC-18-21 again and reverses its December 11 denial.
  • Motion to reconsider (Garber/Porterfield): 8–0 (Haverland absent)
  • Motion to approve ZC-18-21a (Garber/McCarty): CARRIED 7–1 (FOR: Dillon, Garber, Gleason, McCarty, Porterfield, Ramirez, Rand; AGAINST: Baker)
  • Developer representative: Mike Schroeder (gave presentation)
  • Staff: Tory Carpenter (overview); Greg Schwarz (Senior Engineer - floodplain and drainage regulations)
  • Ed Theriot (Caldwell County Commissioner, Precinct 3) appeared in pre-agenda comment, available to answer questions about the county's 381 Agreement, EDA Grants, and TxDOT/CAMPO roadway projects (Loop 110, US-80, SH-21)
  • City Council's first readings of Ord. 2019-01 (annexation) and Ord. 2019-02 (zoning) were held at the January 15, 2019 regular Council meeting - not January 8
Source: P&Z Commission Meeting Minutes, January 8, 2019 (CivicEngage: /Minutes/_01082019-1569); San Marcos Legistar - ID#18-907, ZC-18-21a, ID#18-945
January 15, 2019
City Council First Readings & Public Hearing - Annexation (Ord. 2019-01) and HI Zoning (Ord. 2019-02)
City Council holds the public hearing and first readings for the SMART Terminal zoning and annexation package. An executive session on the Chapter 380 incentive agreement is also held.
  • Ord. 2019-01 (Annexation, ~934.34 acres - later reduced to 734.6 at second reading): 6–1 (FOR: Prewitt, Gonzales, Derrick, Hughson, Mihalkanin, Rockeymoore; AGAINST: Marquez)
  • Ord. 2019-02 (HI Zoning, ~934.34 acres - also later reduced to 734.6 at second reading, matching the annexation footprint exactly): Amendment requiring DA/Chapter 380 discussion before second reading passed 7–0; main motion as amended passed 5–2 (FOR: Prewitt, Gonzales, Derrick, Hughson, Mihalkanin; AGAINST: Marquez, Rockeymoore)
  • Public hearing: 8:06–8:55 PM - 20+ speakers, majority opposed (flooding, ETJ dispute, impervious cover, runoff, traffic)
  • Staff: Shannon Mattingly (Director of Development Services)
  • Executive session under §551.087 (Economic Development) for Chapter 380 / SMART Terminal incentive agreement deliberation
Source: City Council Regular Meeting Minutes, January 15, 2019 (CivicEngage: /Minutes/_01152019-1576); San Marcos Legistar - Ord. 2019-01, Ord. 2019-02
March 19, 2019
Milestone City Council Annexation and Zoning Ordinances Adopted; Chapter 380 Agreement Approved (Res. 2019-49R)
City Council approves the foundational legislative package for the SMART Terminal at its March 19, 2019 meeting - second reading and final passage of both ordinances, plus adoption of the resolution:
  • Ord. 2019-01 - Annexation of approximately 734.6 acres; service plan approved; effective date set
  • Ord. 2019-02 - Zoning map amendment designating approximately 734.6 acres as Heavy Industrial (HI) (second reading) - reduced from the ~934.34 acres proposed at first reading, matching the reduced Ord. 2019-01 annexation footprint exactly
  • Res. 2019-49R - Chapter 380 Economic Development Incentive and ETJ Development Agreement with Curby D. Ohnheiser, Diane M. Deringer, Carolyn J. Scurlock, Van Lee LLC, Ohnheiser Properties, and Texas Transportation Alliance, Ltd. for an industrial rail park along Highway 80
  • Incentive agreement grants economic development waivers; developer obligations under Sections 4.03-4.04 stated as "personal to Developer and shall not bind Future Owners"
Source: Res_2019-049_approving_an_agreement_with_Texas.pdf; San Marcos Legistar - Ord. 2019-01(b), Ord. 2019-02(b), Res. 2019-49R
April 9, 2019
P&Z Katerra San Marcos Final Plat (PC-19-13) & QWPP Phase 2 Approved - 81.83 Acres - Both 9–0
Planning Commission approves both the QWPP Phase 2 and the final plat for the Katerra San Marcos facility.
  • QWPP Phase 2 (2019-27356): Qualified Watershed Protection Plan for 81.83 acres off Hwy 80 near FM 1984 - approved 9–0; public hearing held; motion to postpone (Kelsey) failed for lack of second
  • PC-19-13_03 (Final Plat): Non-consent item; approved 9–0; no public hearing required
  • Applicant/property owners: Curby Ohnheiser, Carolyn Scurlock, Diane Deringer, Ohnheiser Properties LP
  • Applicant engineer: Chris Chaffee (planner/engineer of record)
  • Staff: Greg Schwarz (Senior Engineer, overview)
  • Public comment against: Mary Beth Harper (ETJ boundary, river proximity, clay soil, drainage to San Marcos River through Martindale; corrected county designation - Caldwell, not Hays); Dianne Wassenich (San Marcos River Foundation - channel lining, capacity at >1.25 inch rainfall); Lisa Marie Coppoletta (public notice timing, channel capacity)
Source: P&Z Commission Meeting Minutes, April 9, 2019 (CivicEngage: /Minutes/_04092019-1690); San Marcos Legistar - PC-19-13_03 (Status: Passed; Final Action 4/9/2019)
November 6, 2019
Legal City Council City Approves Chapter 380 Incentive Agreement with Katerra Construction (Res. 2019-225R)
City Council approves Resolution 2019-225R - a Chapter 380 Economic Development Incentive Agreement specifically with Katerra Construction, LLC for the Whisper PDD facility near IH-35 and Yarrington Road. Katerra was the anchor tenant that drove the Heavy Industrial zoning of the SMART Terminal site. Katerra later declared bankruptcy in 2021, triggering the need to renegotiate the development agreement.
Source: San Marcos Legistar - Res. 2019-225R (Legistar API MatterAgendaDate confirms Nov 6, 2019; corrected from a previously listed Oct 17, 2019)
2020
January 21, 2020
City Council Martindale ETJ Boundary Agreement (Res. 2020-17R) - Postponed 7–0 After Executive Session
City Council considers Resolution 2020-17R - an agreement with the City of Martindale defining extra-territorial jurisdiction (ETJ) boundaries adjacent to the SMART Terminal site. The resolution is tabled before executive session, then postponed 7–0 following the executive session (§551.071 - legal advice on Martindale ETJ matters). The agreement is never adopted.
  • Motion to table until after exec session: Derrick/Mihalkanin - 7–0
  • Motion to remove from table: Mihalkanin/Rockeymoore - 7–0
  • Motion to postpone: Mihalkanin/Derrick - 7–0
  • Mayor Hughson's post-exec announcement: "Item #15 Martindale ETJ is postponed."
  • Pre-meeting citizen comment by Mary Beth Harper: stated Martindale was meeting the same night to finalize their part of the agreement; noted the ETJ dispute over the SMART Terminal site
The boundary agreement itself was resolved less than two weeks later - see the February 4, 2020 entry below. Martindale's broader opposition to the SMART Terminal project (on flooding and other grounds) continued separately through its April 2023 resolution.
Source: San Marcos City Council Regular Meeting Minutes, January 21, 2020 (CivicEngage: /Minutes/_01212020-2007); San Marcos Legistar - Res. 2020-17R, Res. 2020-17R(b)
February 4, 2020
Milestone City Council Martindale ETJ Boundary Agreement Adopted (Res. 2020-17R(b))
City Council brings back Resolution 2020-17R (renumbered 2020-17R(b) for this version) after the January 21 postponement and unanimously approves the ETJ boundary agreement with the City of Martindale, authorizing the Mayor or City Manager to execute it. Martindale's Council had already approved its side on January 21.
  • Resolves longstanding 1983 and 2007 ETJ boundary disagreements between the two cities; each city agrees not to challenge the validity of the other's earlier resolution (San Marcos re: the 1983 resolution; Martindale re: R132)
  • Martindale releases 161 acres of the SMART Terminal site from its claimed ETJ, allowing San Marcos to annex the full site
  • In exchange, San Marcos agrees to pay Martindale 30% of the annual property tax revenue generated by that 161-acre tract, from 2021 through 2051

Note: This resolves the specific inter-city ETJ boundary-line dispute. It does not reflect Martindale's stance on the SMART Terminal project itself - Martindale's City Council separately and formally opposed the project's heavy industrial zoning in April 2023, on flooding grounds.

Source: San Marcos Legistar - Res. 2020-17R(b); "Council approves Martindale ETJ agreement," San Marcos Record, Feb. 7, 2020; "San Marcos, Martindale ETJ Matters Come To Resolution," Corridor News, Feb. 2020
2021
October 13, 2021
Legal Franklin Mountain Acquires ~1,046 Acres from Texas Transportation Alliance (Ohnheiser/Harper Parcels)
In a single day, three parcels originally tied to the 2019 development agreement's Ohnheiser/Harper/Texas Transportation Alliance interests pass through to Franklin Mountain San Marcos I, LP via same-day conveyances:
  • 762.583 acres (Property ID 28002, FM 1984, Maxwell) - A.A. Harper Jr. → Texas Transportation Alliance, Ltd. (instrument 2021-007603) → Franklin Mountain San Marcos I, LP (instrument 2021-007604)
  • 213.680 acres (Property ID 27809, FM 1984, Maxwell) - Curby Ohnheiser → Texas Transportation Alliance, Ltd. (instrument 2021-007600) → Franklin Mountain San Marcos I, LP (instrument 2021-007604)
  • 70.046 acres (Property ID 27881, 19780 San Marcos Hwy) - Curby Ohnheiser → Texas Transportation Alliance, Ltd. (instrument 2021-007598) → Franklin Mountain San Marcos I, LP (instrument 2021-007604)
All three FM-side conveyances share the same instrument number (2021-007604), indicating a single deed covering all three tracts. Texas Transportation Alliance, Ltd. was a party to the original 2019 Chapter 380/ETJ Development Agreement (Res. 2019-49R); this transaction moves the bulk of the original Ohnheiser-side landholdings into Franklin Mountain's assemblage.
Source: Caldwell CAD Property Deed History - ID 28002, ID 27809, ID 27881
December 1, 2021
Legal Development Agreement Assigned & Core 660-Acre Parcel Acquired by Franklin Mountain San Marcos I, LP
Following Katerra's bankruptcy, Tack Redwood Partners acquires the core ~660.503-acre tract (Property ID 28280, Valley Way Dr, Maxwell) from Walton Texas, LP and RUC Holdings ULC (an Alberta, Canada unlimited liability corporation), then same-day conveys it to Franklin Mountain San Marcos I, LP. Contemporaneously, Walton Texas (as Primary Owner) and Tack Redwood execute an Agreement Regarding Allocation and Partial Assignment and Assumption of Development Agreement Rights and Obligations (instrument 2021-008759), which Tack Redwood then assigns to Franklin Mountain via a separate Assignment and Assumption of Development Agreement (instrument 2021-008766, effective December 1, both recorded 12/02/2021).
  • Assignee assumes "all rights, duties and obligations" of the agreement
  • Creates a legal tension: the 2019 agreement said obligations would not bind future owners, but this assignment explicitly transfers them
  • Recorded in Caldwell County
Source: 16_Assignment_and_Assumption_of_Development_Agreement_Assig__1_.pdf; Caldwell CAD Property Deed History - ID 28280
2022
March 31, 2022
Legal Franklin Mountain Acquires Homesite Parcel at 2862 FM 1984 (2022-002523)
Franklin Mountain San Marcos I, LP acquires 0.95 acres at 2862 FM 1984 (Homesite parcel, A021) from Van Lee LLC (Ohnheiser-linked entity from original 2019 development agreement), the first of three 2022 acquisitions completing FM-I LP's ~2,017-acre portfolio. Property had ~$197K in improvements at time of acquisition; structure later removed by 2024.
Source: Caldwell CAD Property Deed History - ID 27868
June 16, 2022
Legal Franklin Mountain Acquires Quail Run Rd Tract, Martindale (2022-004831/4832)
Franklin Mountain San Marcos I, LP acquires 130.296 acres on Quail Run Rd, Martindale (A021) from Tack Redwood Partners, who had acquired it from James A. Neumann the same day - a same-day pass-through conveyance.
Source: Caldwell CAD Property Deed History - ID 28119
July 7, 2022
Legal Franklin Mountain Acquires Hwy 142 Tract, Maxwell (2022-005483)
Franklin Mountain San Marcos I, LP acquires 143.444 acres at 10920 Hwy 142, Maxwell (A188 Maxwell, Thomas) from Best David Matthew. This parcel is in the Lockhart ISD / San Marcos ISD boundary area and carries an agricultural exemption. This is the last of three 2022 acquisitions (following the March 31 Van Lee and June 16 Tack Redwood/Neumann tracts); with all three, FM-I LP's assemblage spans approximately 1,983 acres across 8 CAD parcels, plus 75 acres held by FM-75 LP - total ~2,058 acres.
Source: Caldwell CAD Property Deed History - ID 11678
May 24, 2022
Meeting Pre-Development Meeting - SMART Terminal Expansion Proposed
Developer meets with City to propose expanding the SMART Terminal and amending the existing development agreement to remove references to prior tenant Katerra and address utility service capacity.
  • Multiple parcels identified: some within city limits (Heavy Industrial zoning), some in ETJ (unplatted)
  • City recommends Heavy Industrial zoning upon annexation
  • Development Agreement amendment process and annexation requirements outlined
Source: I-Zone_Smart_Terminal_-_Meeting_Notes.pdf
July 12, 2022
City Council City Council Authorizes Negotiations to Amend SMART Terminal Agreement (PDA-22-07(a))
City Council approves authorization for staff to negotiate with Franklin Mountain San Marcos I, LP to amend the SMART Terminal Chapter 380 Economic Development Incentive and ETJ Development Agreement. Key objectives:
  • Remove all references to Katerra (bankrupt anchor tenant)
  • Include Cotton Center acreage within the amended agreement
  • Consider appointment of a City Council Committee to oversee negotiations
Source: San Marcos Legistar - PDA-22-07(a)
August 31, 2022
City Council City Council Committee Reviews SMART Terminal Development Agreement (Virtual)
City Council committee meeting (held virtually) to review and discuss the proposed SMART Terminal Development Agreement.
Source: PDA-22-04_Agenda.pdf; SMART_Terminal_Agenda_Packet.pdf
October 10, 2022
City Council City Council Committee Reviews SMART Terminal Development Agreement - Presentation Materials (Virtual)
Second City Council committee meeting (held virtually) to review and discuss the proposed SMART Terminal Development Agreement. This meeting includes prepared presentation materials.
Source: PDA-22-07_Agenda.pdf; SMART_Terminal_Agenda_Packet.pdf
November 14, 2022
City Council Council Appoints Member to SMART Terminal Oversight Committee (ID#22-874)
Mayor or Council Member appointed to fill vacancies on boards and committees, including the SMART Terminal oversight committee, ahead of the Development Agreement being finalized.
Source: San Marcos Legistar - ID#22-874
December 14, 2022
City Council Council Approves Cotton Center ETJ DA Negotiations (ID#22-901)
Council approves authorization to negotiate with Franklin Mountain San Marcos I, LP to amend the Cotton Center ETJ Development Agreement - removing acreage for inclusion in the SMART Terminal ETJ Development Agreement. Final action passed.
Source: San Marcos Legistar - ID#22-901 (Status: Passed; Final Action 12/14/2022)
December 7, 2022
Legal First Annexation Case (AN-22-20) - Legal Descriptions Finalized
Kimley-Horn surveyors finalize legal descriptions and boundary CAD files for annexation case AN-22-20, based on November 3, 2022 City GIS data.
Source: AN-22-20_Legal_Description.pdf; AN-22-20_cover_sheet_for_annexation.pdf
2023
January 17, 2023
Milestone City Council City Council Adopts New Development Agreement - ~2,017 Acres (Res. 2023-020)
City Council approves the First Amended and Restated Development Agreement with Franklin Mountain San Marcos 1, LP for approximately 2,017 acres (Case No. PDA-22-07). This supersedes the 2019 agreement and formally defines the SMART Terminal project at its full scale.
  • 14.13 acres of impervious cover permitted for the overall property
  • Infrastructure obligations (purple pipe for reclaimed water, etc.) defined in Section 1.07
  • Annexation and zoning contemplated in Section 1.08
  • Allowable uses defined in Exhibit D of the Agreement

A companion agreement - Res. 2023-21R (First Amended and Restated Development Agreement for Cotton Center, ~2,358 acres, PDA-14-03(A)) - is also approved at the same public hearing, linking both properties.

Source: Res_2023-020_approving_a_first_amended_and_restated_Development_Agreement.pdf; San Marcos Legistar - Res. 2023-20R, Res. 2023-21R
February 7, 2023
Legal City Council Council Approves Annexation Service Agreement for AN-22-20 - Sets Public Hearing (Res. 2023-26R)
City Council approves Resolution 2023-26R - the service agreement for large-scale annexation case AN-22-20 covering approximately 619.755 acres in Caldwell County (William Pettus Survey Abs. 21 + Thomas Maxwell Survey No. 17, Abs. 188). Authorizes the City Manager to execute the agreement and sets the date for the public hearing on the annexation ordinance. This formally opens the first large-footprint annexation attempt for the SMART Terminal project. The Legistar file was created January 11; the council vote was at the February 7 regular meeting.
Source: San Marcos Legistar - Res. 2023-26R; City Council Message Board - 02/07/23 Regular Agenda, Item 06
February 14, 2023
P&Z P&Z Commission Public Hearing - Large Annexation & HI Rezoning (ZC-23-01 / AN-22-20, Ord. 2023-32, Ord. 2023-33)
Planning & Zoning Commission holds a public hearing on the first large-footprint annexation and rezoning attempt (Legistar ID 1077669): This public hearing night coincides with a community informational meeting at which citizens speak against the project. The zoning case continues as ZC-23-01.2 in March 2023; the developer ultimately withdraws both cases in June 2023.
Source: San Marcos Legistar - Legistar ID 1077669, Ord. 2023-32, Ord. 2023-33, ZC-23-01
February 14, 2023
Meeting Public Informational Meeting on SMART Terminal
Community members speak at a public meeting on the SMART Terminal, coinciding with the P&Z Commission's public hearing the same night. This prompts a developer follow-up open-house the following month (March 16).
Source: _EXTERNAL__RE__SMART_Terminal_Public_Meeting emails
March 16, 2023
Meeting Developer Open House on SMART Terminal (Martindale)
Developer responds to the February 14 public meeting with a structured open-house at 413 Main St., Martindale, TX (Carlton Carl's building), held 3:00–7:00 PM. Developer sends written answers to community questions, direct letters to February 14 speakers, and publishes a public notice.
  • Developer representatives and Kimley-Horn consultants present
  • Project website and question submission link created for those who cannot attend
Source: _EXTERNAL__RE__SMART_Terminal_Public_Meeting emails
March 28, 2023
P&Z P&Z Approves ZC-23-01 - 588.821 Acres FD to HI - Vote 5–4 (11:41 PM)
Planning & Zoning Commission takes a second consideration of ZC-23-01 (ZC-23-01.2 in Legistar) and votes 5–4 to recommend approval. Developer ultimately withdraws June 23, 2023 before City Council votes.
  • Applicant: Franklin Mountain San Marcos I, L.P.
  • Developer reps present: Ryan Burkhardt (Scarborough Lane Development, 6380 Addison Road, Addison TX); Clayton Kendall; Ben Ruby (Kimley-Horn); Sean Abbott (Law Firm Armison Brown); Dan Grant (Kimley-Horn)
  • Staff: Julia Cleary (Senior Planner); Les Stephens (Fire Chief - Q&A)
  • No new public hearing (prior hearing held Feb 14, 2023)
  • Motion to DENY (Kelsey/Meeks): Failed 4–5 (FOR denial: Garber, Agnew, Burleson, Spell; AGAINST: Costilla, Kelsey, Case, Meeks, Rockeymoore)
  • Motion to APPROVE (Spell/Case): Carried 5–4 (FOR: Agnew, Costilla, Case, Burleson, Spell; AGAINST: Garber, Kelsey, Meeks, Rockeymoore)
  • 30-minute pre-agenda citizen comment: 23 speakers, majority against; recurring opponents included Noah Brock, Annie Donovan, Mary Beth Harper, Ana Juarez, Sandra Martinez, Lisa Marie Coppoletta
  • Meeting adjourned 11:41 PM
Source: P&Z Commission Meeting Minutes, March 28, 2023 (CivicEngage: /Minutes/_03282023-3363); San Marcos Legistar - ZC-23-01.2
April 20, 2023
Opposition City of Martindale Formally Opposes SMART Terminal
The Martindale City Council adopts Resolution 2023-04-20 formally opposing heavy industrial zoning of the San Marcos Air, Rail, and Truck Terminal (SMART Terminal). Primary concern: flooding. The resolution cites regional flood disaster history and argues that heavy industrial development on the site would worsen flooding impacts on Martindale and surrounding communities.
Source: GR1000-05_-_2023-04-20_-_Resolution_SMART_Term.pdf
April 24, 2023
City Council Executive Session - Legal Advice on SMART Terminal DA (ID#23-317)
Executive session - legal advice regarding the SMART Terminal Development Agreement, part of an intense period of closed-session legal discussions during the Council's 90-day DA review window.
Source: San Marcos Legistar - ID#23-317
April 27, 2023
City Council Executive Session - Real Property & Legal Advice (ID#23-327)
Executive session - real property discussions and legal advice related to the SMART Terminal Development Agreement.
Source: San Marcos Legistar - ID#23-327
May 2, 2023
City Council Council Initiates DA Review; Mayor Hughson Questions Environmental Standards (ID#23-314)
Council receives a staff presentation and votes to initiate a formal review of the SMART Terminal Development Agreement with potential amendments. Mayor Jane Hughson poses substantive environmental questions on the public record:
  • What is the applicable TSS (Total Suspended Solids) removal standard? Staff: 89% in the Edwards Aquifer Recharge Zone, 85% in Transition/Contributing Zones, 80% in the River Protection Zone
  • Does SMDC §6.2.3.5 (impervious cover mitigation exceptions) apply given the DA's 70%/90% grants? Staff: section applies, but developer already agreed to higher standards under DA §§2.01–2.02
  • Can the review be accelerated before the 90-day window closes July 3? Staff: Council remains within the window; first reading can be moved up if discussions conclude sooner
No DA amendment appeared on the July 3, 2023 regular agenda; the outcome of the 90-day review is not reflected in any subsequent public action.
Source: San Marcos Legistar - ID#23-314; City Council Message Board - 05/02/23 Regular Agenda, Item 14
May 4, 2023
City Council Executive Session - Legal Advice on SMART Terminal DA (ID#23-340)
Executive session - legal advice regarding the SMART Terminal Development Agreement.
Source: San Marcos Legistar - ID#23-340
May 10, 2023
City Council Executive Session - Legal Advice on SMART Terminal DA (ID#23-363)
Executive session - legal advice regarding the SMART Terminal Development Agreement. This is the last of five council actions across a three-week span reviewing the Development Agreement; no amendment appeared on the subsequent July 3, 2023 regular agenda.
Source: San Marcos Legistar - ID#23-363
May 11, 2023
Milestone Project Publicly Renamed - "SMART Terminal" Becomes "AXIS Logistics Park"
Co-developers Scarborough Lane Development and Partners Real Estate issue a joint press release announcing the project - previously called SMART Terminal - is now AXIS Logistics Park, a master-planned industrial park spanning approximately 2,000 acres, with roughly 735 acres then zoned for industrial use. The release touts direct access to Loop 110 and proximity to IH-35, I-10, and SH-130, plus adjacency to Union Pacific Railway, BNSF Railway, and San Marcos Regional Airport. Notably, this announcement comes just one day after the City's own executive sessions (May 10, above) were still referring to the project internally as the "SMART Terminal Development Agreement" - City usage lagged the public rebrand by months.
  • Clayton Kendall (Scarborough Lane EVP, Industrial Division): "AXIS Logistics Park is open for business and will be the first industrial park of its scale in Central Texas"
  • John Colglazier (Partners Real Estate): calls the site "the obvious choice for logistics and shipping by national and international manufacturers"
Source: PR Newswire, May 11, 2023 - "Co-Developers Scarborough Lane Development and Partners Real Estate Announce San Marcos Mega Industrial Project AXIS Logistics Park" (prnewswire.com/news-releases/co-developers-scarborough-lane-development-and-partners-real-estate-announce-san-marcos-mega-industrial-project-axis-logistics-park-301821477.html)
June 23, 2023
Milestone Developer Withdraws First Annexation Case (AN-22-20) and Zoning Case (ZC-23-01)
Clayton Kendall (Vice President, Scarborough Lane Development) submits formal withdrawal of consent to annexation case AN-22-20 and zoning case ZC-23-01, ending the first annexation attempt. The withdrawal is acknowledged by Planning Director Amanda Hernandez the same day.
  • No reason for withdrawal stated publicly; withdrawal is simply "effective immediately"
  • The project goes back to the drawing board on annexation strategy
Source: RE___EXTERNAL__Withdrawal__AN-22-20___ZC-23-01.pdf
September 27, 2023
Meeting AXIS Infrastructure Meeting with City Engineering (Richard Reynosa) - Water/Sewer
Working meeting between Kimley-Horn and City Engineering Director Richard Reynosa to coordinate on utility and infrastructure design for the newly-renamed Axis Logistics Park. Water and sewer alignments reviewed. City raises concern about excessive sewer depth (>13 ft in locations). Reimbursement for public infrastructure unlikely to cover all improvements.
Source: 230928_-_AXIS_-_Public_Infrastructre_Meeting.pdf
October 16, 2023
Meeting AXIS Infrastructure Meeting with City Engineering (Richard Reynosa) - Drainage
Second working meeting between Kimley-Horn and City Engineering Director Richard Reynosa on Axis Logistics Park infrastructure. Drainage pilot channel slope (0.3% requested vs. 0.5% minimum) - City open to administrative approval. Water quality deferred to lot-by-lot basis under discussion. City willing to work with constraints of existing site conditions.
Source: 231016_-_AXIS_-_Meeting_Notes_ATTACHMENT.pdf
2024
January 16, 2024
Permit PICP Permit 2024-49692 Fee Paid - Energy Parkway Road & Water Main
Developer pays $5,000 PICP (Public Improvement Construction Plan) permit fee for the Energy Parkway road construction and 16-inch water main (Permit No. 2024-49692). Project value: $6,000,000. This kicks off the formal city review process for the road that will serve TriTexas Logistics Park.
Source: 2024-49692_PICP_PERMIT.pdf
February 16, 2024
Legal ARWA Phase 1B Pipeline Easements Granted - Three Perpetual 90-ft Easements (~15.25 Acres)
Franklin Mountain San Marcos I, LP grants three separate perpetual 90-foot-wide pipeline and ROW easements to the Alliance Regional Water Authority (ARWA) for the Phase 1B regional water transmission pipeline crossing the Axis property.
  • Caldwell Co. 370_2024_003080 - 3.768 ac (Parcel B033/34C) - Thomas Maxwell Survey Abs. 166 + William Pettus Survey Abs. 21
  • Caldwell Co. 370_2024_003081 - 4.279 ac (Parcel B035C) - William Pettus Survey Abs. 21
  • Caldwell Co. 370_2024_003082 - 7.207 ac (Parcel B036C) - William Pettus Survey Abs. 21
  • Total: approximately 15.25 acres of permanent easement through the Axis site
  • Up to 3 water pipelines; first pipeline ≤48 inches diameter; buried ≥5 feet deep
  • Easements are perpetual, exclusive, and assignable to GBRA
  • Signed: Ryan Burkhardt (FM, Dallas Co., Feb 13); Graham Moore PE (ARWA Executive Director, Hays Co., Feb 16)
These easements are permanent encumbrances on the Axis site - prospective tenant site plans and lot layouts must route around the ARWA pipeline corridor.
Source: Caldwell County Instruments 370_2024_003080, 370_2024_003081, 370_2024_003082
March 11, 2024
Meeting TriTexas Logistics Park - Water / Wastewater / Plat Coordination Meeting
City staff (Reynosa, Cleary, Garcia) and Kimley-Horn (Paredes, Ruby, Vinal) meet to resolve outstanding design questions.
  • Water main upsized to 16 inches for majority of alignment; 12-inch stubs for future development
  • Preliminary Plat PC-24-07 deemed sufficient as submitted
  • Streetlights required; sidewalk and streetscape deferred to building permit stage
  • Road and water main PICP to be built Day 1; wastewater PICP dependent on city timeline
  • All easements by separate instrument must be sent to City for review
Source: 240311_-_Meeting_-_Axis_Logistics_Park_PICP_Attachments.pdf
April 8, 2024
Legal FM-I LP Acquires Abandoned County Road Strip from Caldwell County (WD 2024-002658)
Franklin Mountain San Marcos I, LP acquires a 1.255-acre strip (Caldwell CAD Property ID 129763) directly from Caldwell County via Warranty Deed (instrument 2024-002658). The legal description explicitly notes this is an "OLD 24 FOOT STRIP AS A COUNTY ROAD" adjacent to the 130.296-acre Quail Run Rd parcel (ID 28119).
  • The strip was an abandoned county road corridor running through the Quail Run / Martindale area of the assemblage
  • Acquiring road-bed fee title from the County eliminates a potential gap or encumbrance in FM's ownership along the eastern edge of the site
  • This is the only parcel in FM's portfolio acquired from a governmental entity rather than a private seller
  • CAD shows no value history before 2024 - parcel was newly created upon conveyance from the County
Source: Caldwell CAD Property Deed History (WD 2024-002658) - ID 129763
April 17, 2024
Legal New Entity: Franklin Mountain San Marcos 75, LP Acquires 72.834 Acres (Caldwell Co. 370_2024_003056)
A Special Warranty Deed conveys 72.834 acres (William Pettus Survey, Abstract 21) from Maxwell Acres Company and Kasch family individuals to Franklin Mountain San Marcos 75, LP - a separate legal entity from Franklin Mountain San Marcos I, LP, though sharing the same Addison, TX address (16380 Addison Road) and manager (Ryan Burkhardt).
  • Grantors reserve all mineral rights but waive surface entry (no drilling within 500 ft of boundary; no penetration less than 1,000 ft below surface)
  • Permitted encumbrances include a pre-existing LCRA 170-ft easement (Vol. 345, p. 451) and Central Texas Regional WSC 85-ft water line easement (Doc. 2017-002681)
  • Surveyed November 2023 by Cross Texas Land Services
  • Deed attorney: David M. Tatum, Esq., Geary Porter & Donovan PC, Addison TX
The use of "FM-75 LP" as a distinct entity from "FM-I LP" suggests a parcel-specific or potentially tenant-specific special purpose vehicle within the Franklin Mountain ownership structure.
Source: Caldwell County Instrument 370_2024_003056; Caldwell CAD Property Deed History - ID 28052
April 9, 2024
City Council Council Approves Annexation Service Agreement for AN-24-03 - 7.553 Acres (Res. 2024-89R)
City Council approves Resolution 2024-89R - the agreement for provision of services in connection with the owner-requested annexation of 7.553 acres (Case No. AN-24-03) - the Energy Parkway right-of-way parcel for TriTexas Logistics Park. Authorizes the City Manager to execute the agreement. This is the required precursor to the annexation ordinance first placed on the consent agenda May 21, 2024.
Source: San Marcos Legistar - Res. 2024-89R (Legistar file created 4/9/2024; exact meeting date to be confirmed via PIR)
May 21, 2024
City Council AN-24-03 Annexation - Postponed at Developer's Request
AN-24-03 (Axis Logistics ROW Annexation) is on the City Council consent agenda. At 8:30 AM, Clayton Kendall formally requests postponement on behalf of Franklin Mountain San Marcos 1, LP - requesting the item be moved to the July 2 meeting. City Council takes action to postpone.
Source: RE___EXTERNAL__Postpone_Agenda_item_AN-24-03.pdf
August 9, 2024
Legal Second Amended & Restated Cotton Center Development Agreement Executed (370_2025_004791)
The Second Amended & Restated Cotton Center Development Agreement is executed between the City of San Marcos, Walton Texas LP, Walton TX Martindale LP, and Walton TX Martindale LP 2 - replacing the 2016 Original DA and 2023 First Amended & Restated DA. Franklin Mountain San Marcos I, LP is a signatory only to confirm its exit.
  • §2.04 explicitly states Franklin Mountain is no longer an Owner, Primary Owner, or Party to the Cotton Center DA
  • FM's signature page confirms its 660-acre tract was removed from the Original DA and now governs under the SMART Terminal DA (Caldwell Co. 2023-001629)
  • Covers approximately 2,357.9 acres (Cotton Center MUD boundary; net of FM's 660 ac and 120.75-ac released tract)
  • 5 Sub-Districts: 462.5, 462.9, 507.2, 528.6, and 396.9 acres; 45-year term; 7,530 LUE wastewater
  • Effective date stated in the agreement as June 7, 2024; City signed June 26, 2024; Walton entities signed June 28, 2024; FM (Ryan Burkhardt) signed August 9, 2024 - execution complete only once the last party signed
  • Filed in Hays County as instrument 24033937 (September 3, 2024); filed in Caldwell County June 26, 2025
This document formally completes FM's legal separation from the Cotton Center governance structure.
Source: Caldwell County Instrument 370_2025_004791 (126 pages); Hays County 24033937
July 2, 2024
City Council Regular City Council Meeting - AN-24-03 First Considered
City Council regular meeting at 6 PM in Council Chambers. Agenda includes:
  • AN-24-03 (Axis Logistics ROW annexation)
  • Ordinance 2024-26 (second of two readings, unrelated Tax Increment Reinvestment Zone No. 4 - Kissing Tree amendment, same night's agenda only, not connected to this project)
  • AN-24-04 and AN-24-05 (other annexation cases)
  • Executive session re: State of Texas v. City of San Marcos lawsuit
  • Police civil service repeal petition (Chapter 143 LGC)
  • May 9 windstorm emergency tree removal contracts
Source: 0Attachment_7.02.2024_Regular_Meeting_Agenda.pdf
July 19, 2024
Permit City Issues R3 Comment Letter for PICP 2024-49692 - Multiple Items Still Open
City Development Services issues the third round (R3) comment letter for the Energy Parkway PICP. Outstanding items at this stage:
  • Preliminary Plat PC-24-07 approval still required before permit can be released
  • TIA (Traffic Impact Analysis) approval pending
  • LCRA Letters of No Objection (LONOs) for easement work not yet received
  • Statement of No Impact missing for potential aquatic features and endangered species
  • Tree survey shows trees outside construction limits - calculations need correction
  • Annexation case AN-24-03 still pending at this time
Source: 2024-49692_Comment_Letter_R3__002_attachment.pdf
August 5, 2024
City Council City Council - Ord. 2024-27 First Reading & Public Hearing (AN-24-03)
City Council holds a public hearing on Ordinance 2024-27 (AN-24-03), annexing approximately 7.553 acres in Caldwell County for the Energy Parkway ROW. First reading held.
  • Public comments received for and against
  • Amanda Hernandez (Director of Planning) presents for City
  • After the meeting: Hernandez states this was the first time she heard the County may require a MUD to build roads - developer disputes this (August 6 follow-up)
  • City requests executed hard copy of Annexation Service Agreement by end of week
Source: AN-24-03_Axis_Logistics_Annexation_Hearing.pdf; RE___EXTERNAL__Ordinance_2024-27 emails; San Marcos Legistar - Ord. 2024-27
August 9, 2024
P&Z WPP2 Scheduled for Aug 27 P&Z Meeting
City Senior Engineer Greg Schwarz emails the P&Z coordinator to add the Qualified WPP2 (2024-49696, TriTexas Logistics Park water quality and buffer zone reclassification) to the August 27 P&Z agenda. Schwarz is going on vacation and sets an August 19 deadline for his presentation to be complete.
Source: Qualified_WPP2_2024-49696_Axis_Logistics_Park_for_8_27_P_Z_Agenda_a.h.pdf
August 13, 2024
City Council Executive Session - Legal Advice on Axis Logistics / SMART Terminal Annexation (ID#24-480)
City Council holds a closed executive session to receive legal advice regarding the SMART Terminal / Axis Logistics annexation and development (Individual Consideration). This session follows the contentious August 5 first reading and reflects ongoing legal complexity around the ROW annexation.
Source: San Marcos Legistar - ID#24-480 (File Created 8/13/2024)
August 20, 2024
City Council Executive Session - Legal Advice on Axis Logistics / SMART Terminal Annexation (ID#24-479)
City Council holds a closed executive session to receive legal advice regarding the SMART Terminal / Axis Logistics annexation and development. This item passed, with final action on this date.
Source: San Marcos Legistar - ID#24-479 (File Created 8/13/2024; Final Action 8/20/2024)
August 20, 2024
City Council Regular Council Meeting - Mayor Hughson Requests DA and Amendments Be Posted Publicly (AN-24-03)
At the August 20 regular meeting, Mayor Jane Hughson poses written questions about the 7.553-acre AXIS Logistics annexation (Ord. 2024-27):
  • Why does the Energy Parkway road alignment depart from the utility easement shown on the Kimley-Horn map distributed at the August 5 public hearing?
  • Why was the road design changed from prior plans?
  • What Caldwell County approval would be required if the City does not annex the parcel?
  • Explicit request: "Please provide the development agreement and any amendments via the message board."
Staff response (Amanda Hernandez, Planning Director): road design reflects proper intersection geometry and aligns with the City's Transportation Master Plan; concept plans are illustrative and subject to change; developer would seek Caldwell County permits if annexation does not occur; staff committed to uploading the DA despite file size constraints.
Source: City Council Message Board - 08/20/24 Regular Agenda, Item 01 (thread 4672)
August 27, 2024
P&Z P&Z Commission - WPP2 Presentation Only, No Vote (Permit #2024-49696)
Planning & Zoning Commission meeting at which City Senior Engineer Greg Schwarz presents the Qualified WPP2 (Watershed Protection Plan Phase 2) for Axis Logistics Park (Permit No. 2024-49696).
  • Members present (8): Chair David Case, Vice-Chair Griffin Spell, Agnew, Costilla, Burleson, Meeks, Garber, Dunn; Kelsey absent
  • Schwarz presents; Kimley-Horn (Ben Ruby) available for technical questions via Zoom
  • No action taken - presentation and discussion only
  • Pre-agenda comment: Noah Brock, Mary Beth Harper (Martindale ETJ), Virginia Parker
  • Commission raises question about who maintains culverts under roadways
  • Follow-up answer (Aug 29): City is responsible for culverts under City-maintained roads
Source: P&Z Commission Meeting Minutes, August 27, 2024 (CivicEngage: /Minutes/_08272024-4014); RE___EXTERNAL__RE__2024-49696__Axis_Logistics_Park_WPP2___QWPP_P_Z_meeting.GS4.pdf; Follow_Up_from_8_29_Meeting.AH.pdf
September 3, 2024
City Council City Council - Ord. 2024-27 Second Reading (AN-24-03)
Second reading of Ordinance 2024-27 (AN-24-03 ROW annexation) at City Council.
  • 4:56 PM: Citizen Noah Brock emails all City Council members with opposition - raises concerns about a defined roadway easement on the eastern side of the Energy Parkway meets-and-bounds that he believes hasn't been accounted for
  • City staff (Amanda Hernandez) adds speaking points to address Brock's concerns at the meeting
  • Developer (Clayton Kendall) is not present but has submitted a written statement included in the packet
  • Kendall disputes that the road alignment was ever changed, saying the current alignment matches the thoroughfare plan and was designed since 2023
  • Second reading proceeds at 6 PM
Source: FW___EXTERNAL__AN-24-03_Opposition.pdf; _EXTERNAL__Re__AN-24-03_Axis_Logistics_Annexation_Second_Reading.pdf; San Marcos Legistar - Ord. 2024-27(c) (Status: Passed; Final Action 9/3/2024)
September 17, 2024
Milestone Settlement Agreement - Walton Texas Releases 120.73 Acres from Cotton Center DA & ETJ (Res. 2024-195R)
The City of San Marcos and Walton Texas, LP sign a settlement agreement resolving a dispute over the City's Sewer Certificate of Convenience and Necessity (CCN No. 20116) for approximately 120.73 acres in Caldwell County (Thomas Yates league, Abstract-313):
  • Walton pays City $50,000 as full settlement
  • The Cotton Center Development Agreement (Dec. 20, 2016) is partially terminated as to the 120.73-acre parcel
  • The Consent Agreement (Dec. 11, 2014) is partially terminated as to the same parcel
  • City agrees to no longer oppose decertification at PUC Docket No. 56371 (Walton's petition to exit City sewer service area)
  • City Council to approve within 90 days; City files required documents with Caldwell County
  • Map reference: RETJ-24-05 - Release of Extraterritorial Jurisdiction
This is the first step in Walton's exit from the City's jurisdiction over the broader project area.
Source: San Marcos Legistar - Res. 2024-195R; Res. 2024-195R - SETTLEMENT AGREEMENT.pdf; Res. 2024-195R - Map.pdf
September 5, 2024
Meeting CLOMR Meeting - City Requests More Detailed Flood Analysis
City and Kimley-Horn meet regarding the CLOMR (Conditional Letter of Map Revision) for the Hemphill Creek area.
  • Current modeling shows an increase in flows on a tributary within the site limits
  • City reiterates need for more detailed H&H (hydrologic and hydraulic) analysis
  • City directs that existing conditions should be represented as current conditions, not pre-FM 1984 conditions
  • Kimley-Horn to perform more detailed analysis and report results
Source: 2024_09_05_Meeting_Notes_cip_attachment.pdf
September 30, 2024
Permit PICP Permit 2024-49692 ISSUED - Energy Parkway Road & Water Main
Chief Building Official Alex Damgaard issues the PICP permit for the Energy Parkway road and 16-inch water main. Project value: $6,000,000. Permit issued as a conditional permit - several items remain outstanding at time of issuance.
  • Preliminary Plat PC-24-07 was still formally "required" per the R3 comment letter (July 19)
  • Purple pipe (reclaimed water infrastructure) sleeve to be added as a post-permit revision
  • WPP2 conditional comments from Greg Schwarz also issued same day
  • Construction begins in the November 2024 timeframe (daily inspection reports begin)
Source: 2024-49692_PICP_PERMIT.pdf
October 15, 2024
City Council First Reading - SMART Terminal Acreage Correction (Ord. 2019-01(c))
City Council takes up a technical correction to the original 2019 annexation ordinance: first reading approving an adjustment to Ordinance 2019-01, replacing Exhibit A survey and reducing acreage from 734.6 to 733.6 acres.
Source: San Marcos Legistar - Ord. 2019-01(c) (Final Action 10/15/2024); City Council Message Board - 10/15/24 Item 15 (thread 4766)
November 6, 2024
City Council Second Reading Adopted - SMART Terminal Acreage Correction (Ord. 2024-01(d))
Second reading adopted, reducing the SMART Terminal annexation acreage from 734.6 to 733.6 acres - the same meeting at which Ord. 2024-27 (7.553-acre Energy Parkway annexation) was also adopted. The one-acre reduction reflects a corrected boundary survey of the TriTexas Logistics Park (formerly SMART Terminal / Axis Logistics Park) annexation area.
Source: San Marcos Legistar - Ord. 2024-01(d); City Council Message Board - 11/06/24 Item 03 (thread 4798)
November 6, 2024
Milestone City Council Ordinance 2024-27 Adopted - 7.553 Acres Annexed (AN-24-03)
City Council formally adopts Ordinance 2024-27, annexing approximately 7.553 acres in Caldwell County into the City of San Marcos. The annexed area is the Energy Parkway right-of-way, located on the western side of FM 1984 approximately 4,600 feet northeast of the SH 80 / FM 1984 intersection.
  • Owner consented to annexation; Annexation Service Agreement in place
  • Tree city limits confirmed correct as of this date (relevant to tree credit calculations for PICP permit)
Source: 08.20.24_Internal_Annexation_Notification_attachment.pdf; 241212 Response Letter
November 2024
Meeting Construction Underway - Conditional Permit Release Still Pending
Daily inspection reports for Energy Parkway (Project No. 2024-49692) show active construction. In parallel:
  • Nov 5: Kimley-Horn submits revised plans to MGO portal for WPP2 conditional permit release
  • Nov 7: Greg Schwarz (City) says he will complete review "next week"
  • Nov 19: Pre-Development Meeting request submitted for future industrial lot development (PDM-2024-198)
Source: 11_-_November_2024.xlsx; RE___EXTERNAL__Axis_Industrial_Phase_1_-_Request_for_Conditional_Permit_Release emails
December 11, 2024
Meeting Pre-Development Meeting (PDM-2024-198)
Pre-Development Meeting for future industrial lot development. City notes: preliminary plat approved for the adjacent roadway only; a final plat is still needed for individual lots. ETJ property must meet Caldwell County requirements. Development Agreement governs water/wastewater provisions.
Source: PDM-2024-198_Meeting_Notes.pdf
December 12, 2024
Permit Kimley-Horn Submits Response Letter for PICP Conditional Comments
Kimley-Horn submits formal response letter for PICP 2024-49692 conditional comments. Purple pipe sleeves to be added post-permit. TIA compliance confirmed. City limits confirmed correct on November 6.
Source: 241212_-_Response_Letter_-_PICP_2024-49692_IFC_attachment.pdf
2025
February 11, 2025
Meeting Regional Wastewater Service Meeting - Capacity Problem Identified
City Engineering and Kimley-Horn meet to discuss wastewater service options for TriTexas Logistics Park.
  • City Lift Station #46 has only 195 GPM of available capacity - insufficient for the project's needs
  • City's Capital Improvement Project for a new "Highway 80 Lift Station" is in design phase and won't be operational until January 2029 - too late for the development timeline
  • Four options presented; fastest solution (private lift station, Option 3) has an operational date of April 2026
  • Option 4 (funding partnership for the $25.4M Highway 80 Lift Station) has no confirmed operational date
Source: 250211_-_Agenda_-_Axis_Logistics_Park_Regional_Wastewater_Service.pdf
May 22, 2025
Legal Second Amendment to Consent Agreement - 120.75-Acre Tract Released; MUD Fee Reset (Caldwell Co. 370_2025_003855)
The Second Amendment to the Consent Agreement, effective May 7, 2025 and filed May 22, 2025, is executed among the City of San Marcos, Walton Texas LP (Primary Owner), RUC Holdings ULC, Walton TX Martindale LP, Walton TX Martindale LP 2, Franklin Mountain San Marcos I LP, and Cotton Center MUD No. 1.
  • Releases the 120.75-acre Thomas Yates League, Abstract 313 tract from the Consent Agreement scope (consistent with the September 2024 settlement and Res. 2024-195R)
  • Deletes Section 2.06 of the Consent Agreement
  • Replaces §2.07(c): Master Development Fee set at $700 per acre per Sub-District from Cotton Center MUD bond proceeds - approximately $1,585,000 total
  • Signatories and dates: City (Stephanie Reyes, City Manager - Dec 10, 2024); Walton entities (Robert Nixon / Todd Woodhead - Feb 7, 2025); FM (Ryan Burkhardt - May 6, 2025); Cotton Center MUD No. 1 (Julie Casner, President - March 19, 2024)
  • Previously filed in Hays County as instrument 24033937 (September 3, 2024)
Source: Caldwell County Instrument 370_2025_003855; Hays County 24033937
July 18, 2025
Compliance Flag EDGE Engineering WPP2 R1 - Multiple Violations Flagged, Edwards Aquifer (2025-55457)
EDGE Engineering issues the first (and as of the records, only) round of review comments for WPP2 Permit No. 2025-55457 - covering a parcel within the Edwards Aquifer Recharge Zone. No response or R2 exists in the records.
  • Impervious cover exceeds 40% limit for sites up to 3 acres in the Recharge Zone (SMDC Table 6.4) - design must be revised
  • TCEQ Water Protection Area Permit (WPAP) required - not yet applied for
  • 5 sensitive geological features (S-1 through S-5) on site meet City sensitivity standards - protection zones not shown on plans
  • Post-construction peak flows increase for all regulated storm events (2-, 10-, 25-, 100-year) at Point of Analysis 2 - violates SMDC §3.9.1.1
  • Missing Statement of No Impact for endangered species, wetlands, and archaeological sites
  • Must demonstrate compliance with Development Agreement's 14.13-acre impervious cover cap for the overall property
Source: 2025-55457_Comment_Letter_R1_-_EDGE.docx
August 5, 2025
City Council Executive Session - Development Agreement Dissolution & Economic Development (ID#25-559 / ID#25-560)
City Council holds executive session to deliberate on: economic development incentives, real property matters, legal advice on a development agreement dissolution, and personnel evaluations. Council takes action following the session (ID#25-560 - Individual Consideration). This is the first formal Council action on dissolving the Cotton Center Development Agreement.
Source: San Marcos Legistar - ID#25-559 (Passed 8/5/2025), ID#25-560
September 16, 2025
City Council Executive Session - Cotton Center DA Dissolution & Economic Development Incentives (ID#25-650 / ID#25-651)
City Council holds a second executive session explicitly on "a request for dissolution of the Cotton Center Development Agreement", plus related wastewater matters and potential economic development incentives for a prospective project at TriTexas Logistics Park. Action taken on September 16.
  • Cotton Center DA dissolution is now explicitly named as the subject of negotiation
  • Wastewater service matters also discussed (consistent with ongoing Lift Station #46 / SH-80 capacity constraints)
Source: San Marcos Legistar - ID#25-650 (Passed 9/16/2025), ID#25-651
November 5, 2025
Milestone City Council Cotton Center Development Agreement Fully Terminated - 1,786 Acres Released from City ETJ (Res. 2025-212R)
City Council adopts Resolution 2025-212R, approving the mutual termination of the Amended and Restated Cotton Center Development Agreement and Consent Agreement for approximately 1,786.06 acres in Caldwell County. Signed by Mayor Jane Hughson.
  • Parties: City of San Marcos; Walton Texas LP; Walton TX Martindale LP; Walton TX Martindale LP 2 (Alberta, Canada entities); David Tuckfield (attorney holding settlement funds)
  • Walton pays City $280,000 as full settlement (held in IOLTA trust)
  • Cotton Center Development Agreement (amended June 7, 2024) - completely terminated
  • Consent Agreement (December 11, 2014) - completely terminated
  • City no longer opposes PUC decertification across 11 dockets (No. 58423–58432, 58657); compensation: $0.00
  • 1,786 acres released from City's ETJ - Caldwell County assumes full planning jurisdiction
  • City must record termination instruments in Caldwell County within 15 days
  • City must terminate both agreements via formal action within 60 days of Effective Date

Significance: The Walton entities originally owned the land that became the TriTexas Logistics Park (formerly SMART Terminal / Axis Logistics Park) project area before selling portions to Franklin Mountain San Marcos I, LP. This settlement extricates Walton from all remaining obligations and removes the Cotton Center acreage from City jurisdiction entirely. The 1,786 acres affected represents roughly the non-Axis portion of the original ~2,358-acre Cotton Center Development Agreement area.

Source: San Marcos Legistar - Res. 2025-212R (Passed 11/5/2025); Res. 2025-212R - Settlement Agreement.pdf; Res. 2025-212R - Mutual Termination Agreement.docx; Res. 2025-212R - Resolution.docx
2026
April 8, 2026
Permit City Gives Updated Wastewater Capacity Timeline for Axis Site
Responding to an RFI follow-up (Project Apex Graphite), Assistant Director of Engineering Richard Reynosa gives City staff a specific water/wastewater capacity assessment for the Axis/TriTexas site, relayed by Director of Economic & Local Business Development Helen Ramirez:
  • Water: capacity can be met via the new 12-inch water line on the north side of the new road
  • Wastewater: the new SH-80 Lift Station is expected online conservatively Q1 2028 (best case Q4 2027); the Master Developer has already submitted wastewater extension plans for the site, which may already be approved
  • The Gary Job Corps Lift Station has little capacity and could likely only serve temporary office-trailer use during early construction, not a full occupied facility
  • Some hazardous materials identified in the RFI response spreadsheet were flagged as needing further discussion with Planning
Source: Re___EXTERNAL__RE___EXTERNAL__Re___EXTERNAL__RE___EXTERNAL__Re___EXTERNAL__Project_Apex_Graphite_-_Site_Tour_4_7_follow-ups.pdf
May 5, 2026
Milestone Project Publicly Renamed Again - "AXIS Logistics Park" Becomes "TriTexas Logistics Park"
Partners Real Estate and Scarborough Lane Development issue a joint press release announcing the rebrand of AXIS Logistics Park to TriTexas Logistics Park, repositioning the ~2,000-acre master-planned development as a logistics/distribution hub within the "Texas Triangle" (Austin, San Antonio, Dallas-Fort Worth, Houston). Phase I covers ~736 acres within city limits, fully entitled for heavy industrial use. City staff became aware the day before: Director of Economic & Local Business Development Helen Ramirez circulated an Austin Business Journal article on the rename to City leadership on May 4.
  • James R. Feagin (Chairman & CEO, Scarborough Lane Development): "TriTexas Logistics Park reflects what we've always believed this project to be - a once-in-a-generation opportunity"
  • John Simons (Partner, Partners Real Estate): "TriTexas Logistics Park represents a generational industrial opportunity in one of the fastest-growing regions in the country"
Source: Partners Real Estate press release, May 5, 2026, "Scarborough Lane Development's AXIS Logistics Park Has Been Rebranded as TriTexas Logistics Park" (partnersrealestate.com/media-center/press-releases); New_Name__TriTexas.pdf (Helen Ramirez email, May 4, 2026, forwarding Austin Business Journal coverage)
April 27, 2026
Compliance Flag First Confirmed Real-World Enforcement of Development Agreement's Prohibited-Use Covenant
A prospective tenant RFI (code name "Project Apex Graphite," a graphite-anode-material refiner) becomes the first documented case of the City actually enforcing the Development Agreement's Exhibit D prohibited-use list against a specific prospective project. Planning Director Terry Floyd sends Helen Ramirez the Development Agreement, which the Economic & Local Business Development department "did not have... prior to this email"; Ramirez tells Floyd/Falletta the site "will not be considered for this RFI" due to the prohibited-use list. The site selector (Hays-Caldwell EDP's Emily Mathes) pushes back, clarifying the company "does not manufacture carbon batteries" but refines graphite into coated spherical purified graphite (CSPG), an input material for lithium-ion battery anodes - "more aligned with advanced material processing than battery manufacturing."
Source: Re___EXTERNAL__RE___EXTERNAL__Re___EXTERNAL__RE___EXTERNAL__Re___EXTERNAL__Project_Apex_Graphite_-_Site_Tour_4_7_follow-ups.pdf
May 8, 2026
Compliance Flag City Holds Firm on Prohibited-Use Rejection of Project Apex Graphite
Following the site selector's pushback that the company doesn't manufacture carbon batteries, Ramirez holds firm: "Given the covenant restrictions on the property we do not see this project being viable at Axis site," treating the graphite anode process as "a crystalized version of carbon."
Source: jp.pdf
May 18, 2026
Meeting City of San Marcos & Partners Real Estate Meet on TriTexas - Water/WW, Zoning/DA, Airport/RPZ
City staff and Partners Real Estate (the project's leasing brokerage) hold an in-person meeting at San Marcos City Hall to "become better acquainted" and review the TriTexas/AXIS site in detail, broken into three agenda segments: Water/Wastewater Review, Zoning and Development Agreement, and Airport/Runway Protection Zone Review.
  • Attendees (Partners Real Estate): John Colglazier Jr., Gray Gilbert, John Simons, Cooper Simons, Kyle Kennan; also Clayton Kendall (Scarborough Lane Development)
  • New player: Texas Aviation Partners (Cassidy Berenato, J Wimberly) attends for the Airport/Runway Protection Zone segment - first documented appearance of this firm in the project record
  • City attendees: Adison Heyne (Business Retention & Expansion Coordinator, organizer), Helen Ramirez, Richard Reynosa, Terry Floyd, Andrea Villalobos, Paul Kite, Josie Falletta; Assistant City Manager Rodney Gonzales and Joe Pantalion cc'd
  • Utilities Director Tyler Hjorth retired in late April 2026; Paul Kite now covers electric matters near the airport ("We don't serve electric in the area around the airport. So just Paul.")
Source: May_18th_Meeting_w_Partners.pdf; RE__May_18th_Meeting_w_Partners.pdf; Re___EXTERNAL__RE__City_of_San_Marcos___Partners__TriTexas_Meeting.pdf
May 28, 2026
Legal Energy Parkway Road-Maintenance Jurisdiction Still Unresolved Between City and County
A Caldwell County resident's inquiry to County GIS staff surfaces an unresolved jurisdictional gap: only the road centerline of the new Energy Parkway (connecting FM 110 to FM 1984 through Reedville) was annexed into the City, and City and Caldwell County GIS staff are not sure who is responsible for maintaining it.
  • City Planning GIS Analyst Anna Essington: "My first thought is that since it's inside city limits it will be maintained by the city," but notes the City may only have an addressing interlocal agreement with Hays County, not Caldwell County
  • The plat for the road has not yet been recorded, which the City frames as leaving "a little more time to decide who's it is"
  • Historically, "Hays County always seemed to think that if it was inside city limits it was our responsibility, no matter what county it was in" - but this has never been confirmed for Caldwell County
Source: _EXTERNAL__RE___EXTERNAL__Energy_Pkwy.pdf